§ 20.13.060. Permit required.

(a) A permit from the director of aviation shall be required before any of the following:

(1)

Any new structure or use which is required to give notice under Section 20.13.050(a) may be constructed or established;

(2)

Any existing structure or use which is required to give notice under Section 20.13.050(a) may be substantially changed or substantially altered;

(3)

Any nonconforming structure or tree may be replaced, substantially altered, rebuilt, allowed to grow higher, or replanted.

No such permit shall be required to make maintenance repairs to any existing structure, or to replace parts of any existing structure, which repairs or replacements do not substantially enlarge or increase the height of an existing structure.

(b)

The applicant for such permit shall apply to the director of aviation, on forms prescribed by the director of aviation, and together therewith, provide the following information:

(1)

If notice is required under Section 20.13.050(a) above, a copy of:

(A)

The notice to the FAA,

(B)

The acknowledgement thereof issued by the FAA pursuant to Part 77 of Title 14 of the FAA Regulations ("Part 77"), and

(C)

Any further aeronautical study of the proposed construction or alteration conducted by the FAA pursuant to Part 77;

(2)

A copy of the schematic plans for the contemplated structure or use, which plans shall demonstrate the height and configuration of the structure or use;

(3)

Such other studies and background information as the director of aviation may reasonably require.

(c)

The director of aviation shall review the permit application and shall deny a permit if:

(1)

The granting of the permit would allow the establishment or creation of an airport hazard;

(2)

The granting of the permit would permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was when these regulations were adopted or than it is when the application for a permit is made; or

(3)

The granting of the permit would exceed the height limitations set forth in Section 20.13.040 by more than two hundred feet.

In determining whether any structure or tree or use constitutes an airport hazard, the director of aviation shall consider, among other evidence, whether any such structure or tree or use has been determined by the FAA to be a hazard to air navigation pursuant to Part 77.

(d)

The director of aviation shall have thirty days after receipt of an application for a permit to advise the applicant whether or not additional information is required. If the director advises the applicant that no additional information is required, the director of aviation shall have thirty additional days to grant or deny the permit. If additional information is required, the director of aviation shall have thirty additional days after receipt of all necessary specified information to grant or deny the permit. Failure to grant or deny the permit within such specified time periods shall be deemed to constitute a grant of such permit.

(Ord. 1775 § 1 (part), 1996: Ord. 1599 § 1 (part), 1994)