20.570.030 Applicability.
Pearson Airpark approaches:
1. No use shall be located within an approach surface, transitional surface, horizontal surface or conical surface as defined by Figure 20.570-2 in such a manner to create interference with navigable airspace, navigational signals or radio communications between the airport and aircraft or to make it difficult for pilots to distinguish between airport lights and other lights. Uses shall not result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, take-off or maneuvering of aircraft intending to use the airport.
2. Specific requirements.
a. Structure height limitations. No structure, including any roof-top appurtenance, shall be erected, altered, or maintained and no tree shall be allowed to grow on land which lies directly under any approach surface, transitional surface, horizontal surface or conical surface as defined in Chapter 20.150 VMC Definitions to a height in excess of the applicable height limit established for such surface or that are allowed in accordance with the adopted CFR Federal Aviation Administration Regulations Part 77.
b. Surface height limitations. Development shall be designed so as not to penetrate or interfere in any way with the airport’s surfaces as defined in Chapter 20.150.040B consistent with Federal Aviation Administration Regulations Part 77. Penetration of any airport surface as defined in Part 77 may only be allowed if explicitly authorized by the FAA.
c. Lighting. New development that creates glare or lighting that interferes with lights necessary for aircraft landings is prohibited.
d. Appropriate notice. Applicants with property within this overlay district shall provide written notice to, and requests for written comments from the State Aeronautics Division, Federal Aviation Administration and the Airport operator. Documentation of notice and written comments received by the applicant shall be provided to the city at the pre-application conference. Where no pre-application conference is required, documentation of notice and written comments received by the applicant shall be provided with the application packet. Where the applicant has provided written notice and request for comments and the agency or airport operator has failed to respond within 45 days from the date the written request was mailed, the applicant may submit the pre-application without the required comments. Applicants should be aware of federal notification and permitting requirements when construction is proposed on or near airports. Applicants should be aware that FAA height restrictions include construction equipment, such as cranes. Federal Aviation Administration Regulations, Part 77 – Objects Affecting Navigable Airspace, outline the specific criteria for FAA notification. The FAA Form 7460-1 is used for Federal Aviation Administration notification. (Ord. M-3832, Added, 06/18/2007, Sec 13)