HomeMy WebLinkAboutO-91-21ORDINANCE NO.: 0-91-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING ARTICLE V, SECTION
20A-5.15 OF THE LAND DEVELOPMENT CODE OF THE CITY
OF SEBASTIAN, RELATING TO AIRPORT HAZARDS AND USES
OF LAND IN AIRPORT VICINITIES; PROVIDING
REGULATIONS RESTRICTING THE HEIGHT OF STRUCTURES
AND OBJECTS OF NATURAL GROWTH IN AND AROUND THE
SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR
REGULATIONS RESTRICTING AIRPORT LAND USE;
PROHIBITING RESIDENTIAL CONSTRUCTION WITHIN NOISE
IMPACTED AREAS IN PROXIMITY OF THE AIRPORT;
PROVIDING PROCEDURES FOR GRANTING VARIANCES;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
iNCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY
OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 333.03, Florida Statutes requires every
political subdivision having an airport hazard area within its
territorial limits to adopt, administer and enforce airport
zoning regulations for such airport hazard areas; and
WHEREAS, the City of Sebastian, Indian River County,
Florida, pursuant to Section 333.03(1)(a), Florida Statutes,
adopted zoning regulations with respect to the Sebastian
Municipal Airport; and
WHEREAS, recent amendments to Chapter 333 of the Florida
Statutes, provided, among other things, for the regulation of
land uses in the vicinity of airports; and
WHEREAS, the City is required to revise its airport zoning
regulations in order to take into account such changes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY] FLORIDA, as follows:
Section 1. The following definitions shall be added to
Section 20A-5.15A of the Land Development Code of the City of
Sebastian:
"Climb Gradient. An aircraft instrument
departure procedure requiring adherence to a
minimum climb, slope or grade expressed in
feet per nautical mile.
Minimum Vectorin~ Altitude. The lowest above
mean sea level altitude at which aircraft
operating on instrument flight rules will be
vectored by a radar controller, except when
otherwise authorized for radar approaches,
departures or missed approaches.
Non-Precision Instrument Runway. A runway
having an instrument approach procedure
utilizing air navigation facilities with only
horizontal guidance, or area type navigation
equipment, for which a straight-in, non-
precision instrument approach procedure has
been approved or planned, and for which no
precision instrument approach facilities are
planned or indicated on an appropriate civil
or military airport planning document.
Nonstandard Take-Off Minimums. Conditions of
existing weather required for take-off at an
airport which exceed the standards prescribed
in Federal Aviation Regulations Part 91.
Precision Instrument Runway. A runway having
an instrument approach procedure utilizing an
instrument landing system, microwave landing
system or a precision approach radar
including a runway for which such a system is
planned and is so indicated on an approved
civil or military airport layout plan, other
FAA planning documents, or comparable
military service planning documents."
Section 2. Section 20A-5.15B6 of the Land Development Code
shall be amended to read as follows:
"6. Transitional Zone. An area extending
outward from the sides of each primary zone
and approach zone connecting them to the
horizontal zone and an area outward 5,000
feet horizontally or until intersection with
the conical zone from the side of that
portion of the approach zone of a precision
instrument runway extending through and
beyond the conical zone. No structure or
ob3ect will be permitted within the
transitional zone greater in height than the
primary or approach zone at their ad3oining
boundary lines increasing at a rate of one
(1) foot vertically for every seven (7) feet
horizontally, with the horizontal distance
measured at right angles to the runway
centerline and extended center-line, until
the height matches the height of the
horizontal zone, or the height of the conical
zone for a horizontal distance of 5,000 feet
from each side of that part of the approach
zone for a precision instrument runway
extending beyond the conical zone."
Section 3. Section 20A-5.15B7 of the Land Development Code
shall be amended to read as follows:
"7. Other Areas. In addition to the height
limitations imposed within this section, no
structure or obstruction shall be permitted
within the City of Sebastian that would cause
a minimum descent altitude, minimum
obstruction clearance altitude, minimum
vectoring altitude, or a decision height to
be raised nor which would impose either the
establishment of restricted minimum climb
gradients or nonstandard take-off minimums
for a runway at Sebastian Municipal Airport."
Section 4. Section 20A-5.15C of the Land Development Code
shall be amended to read as follows:
"C. Ai__~port Land Use Restrictions.
1. Notwithstanding any other provision of
this section, no use may be made of land or
water within any zones established by this
section in such manner as to interfere with
the operation of an airborne aircraft. The
following special requirements shall apply to
each permitted use:
a. Ail lights or illumination used in
conjunction with street, parking, signs or
use of land and structures shall be arranged
and operated in such manner that it is not
misleading or dangerous to aircraft operating
from a public airport or in vicinity thereof.
b. No operations from any type shall
produce smoke, glare or other visual hazards
within three (3) statute miles of any useable
runway of a public airport.
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c. No operations from any type shall
produce electronic interference with
navigation signals or radio communication
between aircraft, the airport or other air
traffic control facility.
d. Within any airport primary zone or
within any runway approach zone area where
the zone height is fifty (50) feet or less
above the end of the runway, no operations
from any type shall involve the storage,
distribution or manufacture of flammable,
explosive, toxic or other hazardous
materials. This restriction shall apply to
those materials in a quantity or of a type
which if exposed to an aircraft accident
would further jeopardize the safety or health
of the aircraft, occupants, occupants of
facilities in the vicinity, by-standers and
emergency personnel, or would prevent, delay,
limit or otherwise curtail appropriate
response actions by emergency personnel.
e. Within any airport primary zone or
within any runway approach zone area where
the zone height is fifty (50) feet or less
above the end of the runway, no operations
from any type shall involve the congregation
of people for either short or long-term
purposes. This restriction shall apply to
any use involving individuals who by their
numbers, condition, age or other factor,
should they be exposed to an aircraft
accident, might escalate the resultant effect
to disaster of major proportions.
2. Solid Waste Disposal Sites ("Sites")
shall be considered as a non-conforming use
if located within areas established for the
airport through the application of the
following criteria:
a. Sites located within 10,000 feet of
any runway used or planned to be used by
turbojet or turbo prop aircraft.
b. Sites located within 5,000 feet of
any runway used only by piston type aircraft.
c. Any Site located so that it places
the runways and/or approach and departure
patterns of an airport between bird feeding,
water or roosting areas.
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d. Sites outside the above perimeters
but still within the lateral limits of the
airport zones described in section 20A-5.15B,
will be reviewed on a case-by-case basis by
the Board of Adjustments.
3. Residential construction shall not be
permitted within an area contiguous to any
airport measuring one-half the length of the
longest runway on either side of and at the
end of each runway centerline of such
airport. Notwithstanding the foregoing
limitations, if the property owner provides
the City with a perpetual avigation easement
for the airspace above the ground level of
the entire parcel of real property owned by
the property owner upon which residential
construction will be situate, in a form which
reasonably precludes the property owner and
his/her/their/its successors and assigns from
commencing or maintaining a successful action
for condemnation (inverse or otherwise)
resulting from the aviation activities
arising from the airport, as determined by
the City Council on the advice of the City
Attorney, then the area where residential
construction would otherwise be precluded
pursuant to this paragraph 3 may be reduced
to the extent that restrictions contained in
this Section and elsewhere in the Land
Development Code and the Code of Ordinance
are not violated."
Section 5. Section 20A-5.15D of the Land Development Code
shall be amended to read as follows:
"D. Variances.
1. Any person desiring to erect any
structure, increase the height of any
structure, permit the growth of any tree, or
otherwise use his property in violation of
the airport zoning regulations prescribed in
this section, or any land development
regulation adopted pursuant to the provisions
of Chapter 163, Florida Statutes, pertaining
to airport land use compatibility, may apply
to the Board of Adjustment for a variance
from the zoning regulations in question. At
the time of filing, the applicant shall
forward a copy of his application for
variance by certified mail, return receipt
requested, to the Florida Department of
Transportation (the "Department" ), Aviation
Office, M.S. 46, 605 Suwannee Street,
Tallahassee, Florida 32399-450. The
Department shall have 45 days from receipt of
the application to provide comments to the
applicant and the Board of Adjustment. If
the DeDartment fails to provide its comments
within 45 days of receipt of the application,
its right to comment is waived. The Board of
Adjustment may proceed with its consideration
of the application only upon the receipt of
the Department's comments or waiver of that
right as demonstrated by the filing of a copy
of the return receipt with the Board showing
that the 45 days have elapsed. Additionally,
no application for a variance may be
considered unless the applicant shows
evidence that the requirement for notice of
construction or alteration under Title 14,
Code of Federal Regulations, Part 77, has
been complied with.
2. A variance may only be allowed where a
literal application or enforcement of the
regulations provided in this section would
result in practical difficulty or unnecessary
hardship and where the relief granted would
not be contrary to the public interest but
would do substantial 3ustice and be in
accordance with the spirit of the regulations
provided herein. Provided, however, a
variance may be allowed subject to any
reasonable conditions that the Board of
Ad3ustment may deem necessary to effectuate
the purposes of this section.
3. In 9rantin§ a variance under this
section, the Board of Adjustment shall, as a
specific condition, require the owner to mark
and light the structure or growth to indicate
to aircraft pilots the presence of an
obstruction. Such marking and lighting shall
conform to the specific standards established
by Chapter 14-60, Rules of the Department of
Transportation and Federal Aviation
Administration Advisory Circular 70-7460-1H,
as amended."
Section 6. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 7. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
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shall become and be made a part of the Land Development Code of
the City of Sebastian, Florida; that the sections of this
Ordinance may be renumbered or relettered to accomplish such
intention; and the word "Ordinance" may be changed to "Section,"
"Article" or other appropriate designations.
Section 8. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 9. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by
Councilman ~~j~ The motion was seconded by
Councilman _~~ and, upon being put into a
vote, the vote was as follows:
W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
ATTEST:
KathrYn ~./~O' ~allo~'an, CMC/AAE
City Cler~
( SEAL )
CITY OF SEBASTIAN, FLORIDA
I HEREBY CERTIFY that notices of public hearings on
this Ordinance were published in the Veto Beach Press Journal as
required by State Statute, that the notice requirements of
Section 166.041(3)(c)2. of Florida Statutes were complied with,
that two public hearings were held on this Ordinance at 7:00 p.m.
on the /~A~ day of ~~ , 1992, and at 7:00 p.m. on
the c~4~ day of ~ , 1992, and that following
-said public hearings this Ordinance was passed by the City
C ~ilo
~a%hrTn~M. o~Ha~oran, CMC/AAE
City Clo~___
Approve~'as to Form and Content:
Cha~es Ian Nash,
Cit~.Attorney
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