(A) Conformance with FAR. All future development within the confines of the AOZ (whether on or off airport) that will involve new construction or the alteration of existing structures, shall be found to be in conformance with FAR part 77 prior to approval.
(B) Procedure. The procedure for making this determination shall be:
(1) Determine whether proposed construction or alteration will be captured by the following criteria (as extracted from FAR part 77.13):
(a) Will the construction or alteration exceed 200 feet in height above the ground level at its site;
(b) Will the construction or alteration penetrate an imaginary surface extending outward and upward at a 100 to one slope from the nearest point on the runway; and
(c) Will the construction be on the airport itself?
(2) If the proposed construction or alteration is not captured by any of the criteria in division (B)(1) above, then FAR part 77 requirements have been satisfied. If the proposed construction or alteration is captured by any of the criteria in division (B)(1) above, then prior to approval, the following actions shall have been taken:
(a) The sponsor of the proposed construction or alteration shall complete and transmit one completed set (four copies) of FAA form 7460-1, notice of proposed construction or alteration, to the manager, Air Traffic Division, FAA Regional Office in Seattle, the provisions of FAR part 77.17; and
(b) The FAA shall have acknowledged receipt, and responded with findings, which, as a minimum, must include the finding that the proposed construction or alteration would not be a hazard to air navigation. (Reference 14 C.F.R. § 77.19.)
(Prior Code, § 8-5H-5) (Ord. 20-15, passed 10-20-2020)