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MAR I R 1993 <br />BOOK 89 PAGE 63 <br />ORDINANCE 93- 7 <br />Notice of Proposed Construction submitted <br />in accordance with 14 CFR Part 77; <br />• A valid aeronautical evaluation (may <br />consist of the evaluation performed by <br />the FAAL; <br />* Comments from the FDOT or evidence that <br />the FDOT has made no comments during its <br />required 45 day comment timeframe. Said <br />evidence shall include a return receipt <br />showing that the FDOT comment timeframe <br />has been exceeded. <br />b. Criteria for Granting an Airport Obstruction <br />Variance <br />Where the FAA has reviewed the proposed <br />development and determined its construction <br />would exceed an Obstruction Standard of 14 CFR <br />Part 77, the Board of Adjustment may grant an <br />Airport Obstruction Variance for a proposed <br />development. Such a variance may be granted if <br />the Board determines that a literal <br />enforcement of the regulations would result in <br />practical difficulty or unnecessary hardship <br />and where the relief granted would not be <br />contrary to the public interest (i.e. the <br />development can be accommodated in navigable <br />airspace without adverse impact to the <br />county's public use airports or aviation <br />operations) but would do substantial justice <br />and be in accordance with the spirit of <br />chapter 333, Florida Statutes, and provided <br />that: <br />i. A condition is attached to the variance <br />approval to require that the approved <br />structure(s)% is marked and lighted to <br />indicate to aircraft pilots the presence <br />of an obstruction in accordance with the <br />standards of FAA Advisory Circular Number' <br />70/7460-1G., as it may be amended. Where <br />such marking or lighting is required, <br />such requirement shall be satisfied prior <br />to the issuance of a Certificate of <br />Occupancy (C.O.) for the affected <br />structure. <br />ii. FAA determines the aeronautical <br />evaluations submitted are valid. <br />iii. Consideration is given to: <br />1. The nature of the terrain and height <br />of existing structures. <br />2. Public and private interests and <br />investments. <br />3. The character of flying operations <br />and planned development of airports. <br />4. FAA designated federal airways. <br />Coding: Words in blocked -out type are deletions from existing law. <br />Words underlined are additions. <br />5 <br />12 <br />