A. Administration Of Regulations: The building official or Zoning Administrator shall perform the administration of these zoning regulations.
B. Notice Of Construction: Any person who proposes to construct or alter any structure in or underlying any of the zones created herein shall notify the Administrator, Federal Aviation Administration, by filing with the appropriate Federal agency, an executed FAA Form 7460-1, notice of proposed construction or alteration (see section 7-3-17, "Appendix II", of this chapter). Such notice should be given sixty (60) days prior to, and shall be given no later than thirty (30) days prior to the earlier of the following dates:
1. The date the proposed construction or alteration is to begin.
2. The date an application for a building permit or occupancy permit is to be filed.
C. Waiver Of Notice Requirements: In the event of an emergency involving essential public services, public health, or public safety that requires immediate construction, the building official, or Zoning Administrator, may waive the thirty (30) day notice requirement, provided that the applicant complies with the requirements of 14 CFR FAR, part 77.17(d).
D. Issuance Of Permit: Except as otherwise provided herein, the building official or Zoning Administrator shall not issue any building permit or occupancy permit without first:
1. Having received from the applicant a copy of the applicable FAA Form 7460-1, as submitted under subsection B of this section, and the corresponding finding or determination from the FAA that the proposed construction or alteration complies with section 7-3-4 of this chapter.
2. Having determined that the proposed use is not noncompatible, and is consistent with the zoning provisions contained herein.
E. Exceptions: No FAA Form 7460-1 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 which 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 Zone.
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.
F. Waiver: The building official or Zoning Administrator shall set aside the provision of subsection D1 of this section when the following conditions have been met:
1. The applicant has provided evidence that an applicable FAA Form 7460-1 has been submitted in accordance with subsection B of this section, and that thirty (30) days or more have elapsed since said submission.
2. That the FAA has not issued a determination in response to the applicable FAA Form 7460-1.
3. The applicant agrees that should the subsequent FAA determination, when issued, find that the proposed construction or alteration constitutes a hazard, or otherwise fails to comply with section 7-3-4 of this chapter, that the construction or alteration shall be revised and/or reconstructed so as to alleviate the condition which the determination has found to be adverse.
a. The applicant further agrees that required revision and/or reconstruction shall be completed within one hundred twenty (120) days of the issuance of the FAA determination.
b. The applicant further agrees that failure to revise or reconstruct as provided herein constitutes a nuisance, and is subject to abatement in accordance with applicable law. (Ord. 09-01, 1-6-2009)