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ORDINANCE 93- 7 <br />i. Where the FAA has reviewed the proposed <br />development and determined its <br />construction would not exceed an <br />Obstruction Standard of 14 CFR Part 77, <br />the community development director shall <br />grant an Airport Construction Permit for <br />the proposed development provided that a <br />condition is attached to the permit <br />approval to ensure that the approved <br />structure(s) is marked and lighted prior <br />to the issuance of a Certificate of <br />Occupancy (C.O.) if so required by <br />Chapter 14-60, in accordance with the <br />standards of Rules of the Department of <br />Transportation and Federal Aviation <br />Administration Advisory Circular 70/7460- <br />1, as amended. <br />ii. Where the FAA has reviewed a proposed <br />development and determined that the <br />proposed development exceeds the <br />Obstruction Standards of 14 CFR Part 77, <br />no Airport Construction Permit may be <br />approved, and a county Airport <br />Obstruction Variance (see regulations <br />below) must be obtained by the applicant <br />for the proposed development to proceed. <br />c. Appeals. <br />Actions of the community development director <br />relating to granting or denying an Airport <br />Construction Permit may be appealed within 15 <br />days of the decision rendered. Appeals shall <br />be heard by the Board of Adjustment and may be <br />filed by the applicant, staff, or any person <br />aggrieved or—taxpayer affected ox governing <br />body of a political subdivision or FDOT. All <br />appeals shall be filed, reviewed, and heard in <br />a manner consistent with sections 333.08 and <br />333.10 of the Florida Statutes. <br />4. Airport Obstruction Variance Procedures and <br />Criteria. <br />a. Procedures for Obtaining an Airport <br />Obstruction Variance. <br />i. Applicants shall submit to the Planning <br />Division a completed Airport Construction <br />Variance application form, as provided by <br />the county. Variance requests shall be <br />considered by the Board of Adjustment. <br />The request may be approved, approved <br />with conditions, or denied. <br />ii. Prior to variance requests being <br />scheduled for consideration by the Board <br />of Adjustment, the applicant shall submit <br />to the Planning Division the following: <br />• A copy of the notice of proposed <br />construction form submitted to the FAA; <br />• A final Determination issued by the FAA <br />based on its review of the applicant's <br />Coding: Words in type are deletions from existing law. <br />Words underlined are additions. <br />4 <br />blocked -out. <br />11 <br />L._ MAR 1 8 1993 <br />BOOK 89 FADE 62 <br />