§ 142-38. Permitting and FAA determinations (clearances).

(a)

It shall be the duty of the development review services department in conjunction with the airport director to administer and enforce the regulations prescribed in this article. Applications required by this article shall be promptly considered and granted or denied. Applications for variances for action by the development review committee (DRC) shall be promptly transmitted to the development review services department for review and action by the DRC.

(b)

Within the PIE airport hazard area (exhibit A), except as otherwise provided in these regulations, no existing or proposed structure, or object of natural growth may be developed, constructed, established, enlarged, substantially altered or repaired, approved for construction, planted, allowed to grow, be replanted or issued a natural resource permit or building permit at a height that would be higher that the lowest overlying CFR Part 77 or TERPS surface (exhibit B). The heights for objects and overlying surfaces are computed using feet above mean sea level (MSL) values referencing the North American Vertical Datum 1988 (NAVD 88) Vertical Datum, unless otherwise specified.

(c)

Penetrations of any overlying CFR Part 77 Civil Airport Imaginary Surface or TERPS Surface will require an FAA Aeronautical Study and FAA-generated Determination.

(d)

Any existing or proposed structure or object of natural growth that exceeds the standards defined in section 142-37 is presumed to be a hazard to air navigation unless an obstruction evaluation study conducted by the FAA determines otherwise. Any structure or object of natural growth in violation of these standards shall be evaluated by the FAA to determine if the structure or object of natural growth has substantial adverse effect on navigable airspace affecting airport operations. This FAA Determination may be any one of the following FAA-issued Determinations following an FAA Obstruction Evaluation for one or more natural or man-made objects studied:

(1)

"Determination of Hazard To Air Navigation";

(2)

"Does Not Exceed";

(3)

"Exceeds But Okay";

(4)

"Notice of Presumed Hazard";

(5)

"Determination of No Hazard"; or

(6)

"Determination of Hazard".

(e)

Based upon the FAA's determination regarding and proposed construction or alteration of structures, the airport director in conjunction with development review services, prior to the issuance of any development or use authorization, must concur that the proposed development or use would not intrude into any airport zone as defined within this regulation.

Exhibit B Airport Imaginary Surfaces/FAA Notifications

(f)

It shall be the responsibility of the applicable permitting department of each governing political subdivision to ensure that applicants applying for permitting of such objects comply with the FAA notice provisions of this section, collect documentation of such filing, and transmit notices to the Pinellas County Director of Development Review Services for additional consideration by the airport director.

(Ord. No. 18-36 , § 3(Att. C), 10-23-18)