(a) Affected properties. Any property located within or underneath the boundaries of the airspace of the Asheville Regional Airport, as defined by Federal Aviation Regulation Part 77, upon which it is determined that a proposed object or structure may impact navigable airspace.
(b) Limitations. The allowable height of an object or structure shall not be permitted to encroach into the airspace of the Asheville Regional Airport, unless it is determined that it is not a hazard to air navigation through an Aeronautical Study performed by the Federal Aviation Administration (FAA).
(c) Procedure.
(1) Prior to zoning approval, and/or issuance of a building permit, the landowner, developer, contractor, or other responsible party (collectively referred to as the responsible party), shall submit to the FAA a request for the conduct of an Aeronautical Study on the object or structure being proposed on the property, utilizing FAA Form 7460-1 "Notice of Proposed Construction or Alteration." In the event that multiple objects or structures are proposed for the same property, multiple submittals may be required. The responsible party shall include all information required on the appropriate forms in order for the study to be undertaken.
(2) Aeronautical Study requests to the FAA shall be submitted no less than 30 days in advance of the scheduled start of any construction on the property.
(3) Cranes and other temporary objects that may themselves encroach into navigable airspace shall require individual and separate Aeronautical Study submittals.
(4) The responsible party shall be required to follow any and all reporting instructions determined necessary by the FAA during construction of the structure or placement of the object if identified as a result of the Aeronautical Study.
(d) Lighting and marking. All objects and structures that are determined through an Aeronautical Study by the FAA that lighting or marking is required or recommended, shall light and mark the object or structure in accordance with FAA Advisory Circular 70/7460-1K "Obstruction Marking or Lighting" (or its successor).
(Ord. No. 4524, § 1, 9-27-16)