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Indian River County, FL Code of Ordinances Procedures for obtaining an airport concoction permit. Page 2 of 6 Applicants shall submit to the planning division a completed airport construction permit application form (as provided by the county) and a copy of the notice of proposed construction form submitted to the FAA for the project. Permit requests may be considered by the community development director concurrent with development plan approval consideration. Prior to permit requests being considered for approval, applicants shall submit to the planning division the final determination issued by the FAA based on its review of the applicant's notice ofproposed construction submitted in accordance with 14 CFR Part 77. Criteria for granting an airport construction permit Where the FAA has reviewed the proposed development and determined its construction would not exceed an obstruction standard of 14 CFR Part 77, the community development director shall grant a airport construction permit for the proposed development provided that a condition is attached to the permit approval to ensure that the approved structure(s) is marked and lighted prior to the issuance of a certificate of bccupancy (C.O.) if so required by Chapter 14-60, in accordance with the standards of Rules of the Department of Transportation and Federal Aviation Administration Advisory Circular 70n460-1, as amended Where the FAA has reviewed a proposed development and determined that the proposed development exceeds the obstruction standards of 14 CFR Part 77, no airport construction permit may be approved, and a county airport obstruction variance (see regulations below) must be obtained by the applicant for the proposed development to proceed. Appeals. Actions ofthe community development director relating to granting or denying an airport concoction permit may be appealed within fifteen (15) days of the decision rendered. Appeals shall be heard by the board of adjustment and may be filed by the applicant, staff; or any person aggrieved or taxpayer affected or governing body of a political subdivision or FDOT. All appeals shall be filed, reviewed, and heard in a manner consistent with F.S. §§ 333.08 and 333.10. Airport obstruction variance procedures and criteria. Procedures for obtaining an airport obstruction variance. Applicants shall submit to the planning division a completed airport construction variance application form, as provided by the county. Variance requests shall be considered by the board of adjustment The request may be approved, approved with conditions, or denied. ii. Prior to variance requests being scheduled for consideration by the board of adjustment, the applicant shall submit to the planning division the following. • A copy of the notice of proposed construction form submitted to the FAA; • A final determination issued by the FAA based on its review of the applicant's notice of proposed construction submitted in accordance with 14 CFR Part 77; • A valid aeronautical evaluation (may consist of the evaluation performed by the FAA); • Comments from the FDOT or evidence that the FDOT has made no comments during its required forty-five (45) day comment timeframe. Said evidence shall include a return receipt showing that the FDOT comment time frame has been exceeded Criteria for granting an airport obstruction variance. Where the FAA has reviewed the proposed development and determined its construction would exceed an obstruction standard of 14 CFR Part 77, the board of adjustment may grant an airport obstruction variance for a proposed development. Such a variance may be granted if the board determines that a literal enforcement of the regulations would result in practical difficulty or unnecessary hardship and where the relief granted would not be contrary to the public interest (i.e. the development can be accommodated in navigable airspace without adverse impact to the county's public use airports or aviation operations) but would do substantial justice and be in accordance with the spirit of F. S. Ch. 333, and provided that: A condition is attached to the variance approval to require that the approved structure(s) is marked and lighted to indicate to aircraft pilots the presence of an obstruction in accordance with the standards of FAA Advisory Circular Number 70/7460-I0., as it may be amended. Where such marling or lighting is required, such requirement shall be satisfied prior to the issuance of a Ccrtificate of Occupancy (C.O.) for the affected structure. FAA determines the aeronautical evaluations submitted are valid iii. Consideration is given to: The nature of the terrain and height of existing structures. about:blank 5/31/2017 P41