A. No notice of proposed construction or alteration is required to be submitted to the FAA or to the building official or zoning administrator for a building permit for construction or alteration of any structure when the building official or zoning administrator has determined that:
1. The proposed structure meets the requirements for shielding. Each and all of the following requirements are required for a determination of shielding:
a. The property upon which the construction or alteration is proposed is located within the congested area of a city.
b. The proposed structure does not lie within any CA- RPZ.
c. There exists a structure or structures of a permanent and substantial nature at least as tall and at least as wide as the proposed structure, and which lie(s) between the location of the proposed construction or alteration, and a point on the runway centerline at the threshold of the closest end of the closest runway of the airport.
d. The shielding structure is within five hundred feet (500') of the structure that is proposed for construction or alteration.
e. It is evident beyond a reasonable doubt that the shielded structure will not adversely affect aerial navigation.
2. The proposed structure is an antenna that is no greater than twenty feet (20') in height, and does not increase the height of an existing antenna structure.
3. The proposed structure is an airport, aerial navigation, or meteorological device, of a type approved by the FAA, the location and height of which is fixed by function.
B. A notice of proposed construction or alteration is not required for structures more than twenty thousand feet (20,000') of the nearest point of the nearest runway. A notice of Alteration is not required for a structure that does not penetrate an imaginary surface, beginning at the nearest point of the nearest runway and at the elevation of the runway threshold, rising one foot (1') in elevation for each one hundred feet (100') of horizontal distance (100:1). This exception does not apply to structures located in any CA-RPZ.
C. There exists an emergency, involving essential public services, public health, or public safety, that requires immediate construction or alteration, providing that the applicant complies with the requirements of 14 CFR FAR, part 77.17 (d) 1 . (Ord. 02-4055, 12-10-2002; amd. Ord. 19-4810, 11-4-2019)
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