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A. The height limitations are hereby established, consistent with the FAR Part 77 Surfaces – Objects Affecting Navigable Airspace, and are described below:

1. No building or object within airport compatibility zones 1, 2, 3, 4, and 5 shall exceed thirty-five feet above the ground.

2. No building or object within airport compatibility zones 6A or 6B shall exceed thirty-five feet above the ground. Any building or object proposed to exceed this height must undergo further review by the airport manager and the FAA.

B. Federal Aviation Regulations 14 CFR Part 77, impose certain limitations on the height of proposed construction or alteration of structures. Notice is required to be provided to the Federal Aviation Administration (FAA) if the structure falls within the notification requirements outlined in 14 CFR Part 77. An applicant for a permit or approval under Chapter 22.84 MMC, Permit Processing, is responsible for researching 14 CFR Part 77 to determine whether notification is required, regardless of whether the property that is the subject of the application is within or outside of the airport compatibility area. (Ord. 005/2019 § 10 (Exh. B))