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(1) Federal Aviation Regulations, 14 CFR Part 77, impose certain limitations on the height of proposed construction or alteration of structures. Notice is required to be provided to the Federal Aviation Administration (FAA), by filing Form 7460-1 "Notice of Proposed Construction or Alteration," if the structure falls within the notification requirements outlined in 14 CFR Part 77. An applicant for a permit or approval under this title is responsible for researching 14 CFR Part 77 to determine whether notification is required, regardless of whether the property that is the subject of the application is within or outside of an airport compatibility area (ACA). Nothing in this chapter shall diminish the responsibility of project proponents to submit a FAA Form 7460-1 "Notice of Proposed Construction or Alteration" to the FAA if required by 14 CFR Part 77.

(2) Applicants for a permit or approval under this title for development activity or a use within an ACA consisting of a structure over a height of 30 feet measured as the vertical distance from the average final grade to the highest point of any proposed structure including antennas, including any of the buildings and structures identified in SCC 30.23.050 which are exempt from the height limits based on the underlying zone, shall provide documentation of one of the following before an approval or permit may be issued:

(a) The proposed construction would not require notice to the FAA, per Form 7460-1 as amended, based on standards outlined in 14 CFR Part 77;

(b) The FAA has issued a determination that the height would not create an obstruction by penetrating the 14 CFR Part 77 surfaces; or

(c) The FAA has conducted an aeronautical study of the proposed structure and issued a determination that the object would create an obstruction but would not create a hazard to the navigable airspace of the airport or impede operations of the airport. If the FAA determination includes recommendations or conditions to mitigate impacts, the following shall apply:

(i) The department shall provide notice of the determination to the relevant airport manager. The airport manager shall be allowed 21 days from the date the notice is transmitted to submit comments to the department to demonstrate that the FAA recommendations or conditions would not be sufficient to address adverse impacts to airport operations and, if so, to recommend additional mitigation strategies to address those impacts; and

(ii) The applicant shall provide documentation that demonstrates that the project has incorporated all recommendations and conditions included in the FAA determination and any additional recommendations submitted by the airport manager necessary to address any remaining adverse impacts to airport operations demonstrated pursuant to subsection (2)(c)(i) of this section. (Added by Amended Ord. 15-025, May 6, 2015, Eff date May 24, 2015).