HomeMy WebLinkAboutR-93-33 RESOLUTION NO. R-93-33
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO AIRPORT
ZONING~ PROVIDING AUTHORITY TO THE MAYOR AND
CITY CLERK TO SIGN, ON BEHALF OF THE CITY, TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH THE
BOARD OF COUNTY COMMISSIONERS OF iNDIAN RIVER
COUNTY, FLORIDA, TO EFFECTUATE A COOPERATIVE
METHOD TO ADOPT, ADMINISTER AND ENFORCE
AIRPORT ZONING REGULATIONS~ PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABiLiTY~ AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 333.03(1)(b) of Florida Statutes requires a
municipality that owns or controls an airport to enter into an
interlocal agreement in accordance with the provisions of Chapter
163 or adopt an ordinance or resolution to create a joint airport
zoning board; and
WHEREAS, the City of Sebastian and Indian River County agree
that an interlocal agreement would be the appropriate method of
compliance of Section 333.03(1)(b) of Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. AGREEMENT. The City of Sebastian, Indian River
County, Florida does hereby agree to enter into an agreement with
the Board of County Commissioners of Indian River County,
identified as Exhibit "A" to this Resolution, and by this reference
incorporated herein.
SECTION 2. EXECUTION. The Mayor and City Clerk of the
City of Sebastian are hereby directed to execute the agreement
described herein on behalf of the City.
SECTION 3. SEVERAB. ILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution 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
Resolution without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
SECTION 4. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 5. EFFECTIVE DATE. This resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by Council
Member O~/t ~'~--
Council Member
the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert J. Freeland
The motion was seconded by
and, upon being put to a vote,
adopted the
The Mayor thereupon declared this Resolution duly passed and
/ ~~/e/~~y//o r
2
ATTE S-?.: ~ _ _ _
_:._.~,~~..~ ~,~
--.Ka'thryn~. O~'Halloran, CMC/AAE
... City Clei:k
(SEAL)
Approved a~~nd content:
Charles I~ Nash, City Attorney
3
INTEl{LOCAL AGREEMENT
ON
AIRPORT ZONING REGULATIONS
Indian River County, a political subdivision, and the City of
Sebastian, a municipal corporation, having airport hazard areas within their
territorial limits, hereby enter into an interlocal agreement in accordance
with the provisions of Chapter 163.01, Florida Statutes for the purpose of
coordinating the adoption, administration and enforcement of airport zoning
regulations applicable to airport hazard areas appertaining to airports located
wholly within the territorial limits of the City of Sebastian where the airport
hazard area is located partly outside the territorial limits of the city.
The parties to this agreement hereby agree as follows:
1. The purpose of this interlocal agreement is to effectuate a
cooperative method to adopt, administer and enforce airport zoning
regulations applicable to airport hazard areas located wholly or partly outside
the territorial limits of the party having the airport within their territorial
limits (reference F.S. 333.03(1)(b)1).
2. The parties agree that each party shall adopt, administer and
enforce airport zoning regulations for any airport hazard area within their
respective territorial limits.
3. This agreement shall remain in full force and effect so long as
necessary to effectuate the intent of Chapter 333, Florida Statutes dealing
with airport zoning and the cooperation among affected jurisdictions.
4. Each party to this agreement shall implement the airport
zoning regulations attached to this agreement as Exhibits "A" and "B",
respectively for Indian l{iver County, and the City of Sebastian.
5. Pursuant to F.S. 163.01[(11), this agreement shall be filed
with the Clerk of the Circuit Court of Indian River County.
6. The City or County may amend their respective airport zoning
regulations, from time to time, by providing the other party with a copy
thereof, as well as filing a copy of the revised airport zoning regulations
with the Clerk of the Circuit Court for Indian River County, Florida.
7. This a$meement shall become effective upon the last date
si~ned by either party.
IN WITNESS WHEREOF, the undersigned affixed their hands and
seals on the date shown below.
INDIAN RIVER COUNTY, FLORIDA
Date
Date: ~/~/$S
Kathry~ M.~. ~'H~lloran
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Board of County Commissioners
~F~he f~oregoing instrument was acknowledged before me this ~
day of ~, 1993 by Rieha~,d N. Bird, Chairman of the Board
of
County Cgm~lssioners of Indian Biver County, Florida, who is personally
known to me,' ' hand w o did not take an oath.
NOTARY PUBLIC
My Commission Expires:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
My Commission Expires:
.... _w~ . .. y e ~'owell, the Mayor of the Cit.~---~
~e~as~lan, who ~s personally known to me, and who did not take an oathy
NOTARY PUBLIC
Commission No. ~d. ~?~
3
..
ORDINANCE 93-2..
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, TO BE JOlOlIN AS THE
AIRPORT ZONING ORDINANCE, AMENDING THE FOLLOWING CHAPTERS OF THE
LAND DEVELOPMENT RECWLATIONS (LDRS) , CHAPTER 901. DEFINITIONS;
CHAPTER 911. ZONING; AND PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS. CODIFICATION. SEVERABILITY AND EFFECTIVE DATE.
SECTION 1: Section 911. 17 of the Zoninq Chapter ia hereby
established to read as follows.
Section 911.17
Airport ZoninG
m
ill
4. rt . aDd Criteria
~ ..::-..t,;;~:"...::- _1.t1olul
'2:" RaIlway CJ.ear :lODe ItaQa.lat.iOlle
iIrporE 1101_ bIpact. &oDe. aDd lat.i.oIm
r:--ioae .~
~ 1101.. 5- ~.tlOD..
3: &.,108:1: ___t l.~~
Special Requ. . AD!> 1. ThrouGhout. the Dni.ncorDorated.
Area of tIii"'" County
lIoDcoIlfonaiDQ U_
I'iiiim..
.l.!!l
ill
ill
AIRPORT ZONING
ill TITLE.
This section shall be known as the Indian River County Airport
ZoninG Ordinance.
ill PURPOSE AND INTENT.
The purpose of this airport zoninq ordinance is to provide both
airspace orotection and land use comoatibility with airoort
operations in Indian River County. This ordinance. throuqh
establishment of airport overlay zones and correspondino
reGulations. provides for independent review of development
proposals in order to promote the public interest in safety,
health, and General welfare in Indian River County as well as to
ensure that all publicly licensed airoorts in Indian River County
can effectively function. Therefore, the Indian River County Board
of County Commissioners deems 1 t necessary to reaulate uses of land
located within or near the traffic oatterns of airports thrOUGh
requlation of heiqht of structures and ob1ects of natural qrowth.
and throuqh reQUlation of land uses within noise imoacted areas and
runway clear zone areas.
'l'her,! is hereby adooted ~nd established the_ off1ci~' al.rJ2!!.I;t zonina
requiations pursuant to the authority conferred on the Hoard Ot
County Commissionera of Indian River County, Florida. consistent
with Chapters 163 and 333. Florida Statutes.
Codinq: Words in type are deletions from existinq law.
Words underlined are additions.
1
I EXHIBIT "A" I
ORDXN~NC~
(3) DZFINI?IONS.
All tez~as defined ~n the Indian River County Land Development
Regulations, Chapter 901, are applicable ~n this section.
(~ AIRPORT ZONES OF INFLUENCE.
Indian River County hereby adoDts..three (3) a~r~ort oyerlay zones
which are shown on the county's official zoninq atlas. These zones
are established to requlste development in proximity to the
followtnq licensed public use airports located w~h~n Indian R~ver
Coun~y~ Veto Beach Nun~cl~al A~rgort,...~ebast~an Nun~c~pal
and New Hibiscus A~rport. The location of khese zones of Influence
~s hereby established by th~s Ordinance. Boundaries of these Zones
of Influence may be chanqed only_.~y Way of an amen~ent of the
~ff~c~al zon~n~ a~las, pursuant to Section 902.12 of ~he land
developmen~ ~e~lations. All develo~.~appl~cat~ons for land
within khese zones of ~nfluence shall compl~ with the eir~or~
zon~nq radiations of Section 911.17. in add[~n~
within these a~r~r~ overlay zones shall also comply wl~h
a~pllcable underly~nq zon~nq d~strlct reau~re~ents as ~eferenced
Chapter 911, Zon[nq, of the county's land develo~enh requiations,
Follow,hq are the three a~rport overlay zones~
~rport He~qht Not~ficat~on Zone (Subzone A and Subzone
B)~
[ A~rport Runway Clea~ Zone~ and
~ ~.$~ort No,se Impact Zone.
~here a zone of ~nfluence overlays a port,on of a ~ro~ty, only
that portion within the zone shall be affected by ~he zone
~egulatlons. Furthe~o~e~ In ~elatlon ~o apply~nq runway c~ear
zone and no,se lm~ac~ zone re~i~ements, use requlatlons shall
apply ~o ~he st~cture o~ facilities constltutlnq the use and shall
not qenerally apply t~ a~cesso~ o~en s~ace, landsca~ and
bufferlnq, sto~ater manaqement, or driveway and ~arklna uses.
~a) Airport Heiqht Notification Zone and Radiations.
1~ Es~ablis~ent of Zone. The A~r~r~ Hetoht
Notification zone Is hereby established as an
overlay zone on the adopted count~ zon~nq atlas.
This zone Is established to reaulate the height of
structures and natural veqeta~lon for a~eas In
proximity to ~he l~censed public use a~rports
located w~hln Indian R~ve~ County. ~he
Height Not~ficatlon Zones, consists of t~o
subzones~ defined as
Subzone A. ~e area sur~oundinq each L~censed
Public Use A~rt extendin~ outward
20~000 feet f~om ~he ends and each
side of all active r~ways.
Subzone B. ~at area w~hin the unincorpo~ated
area of ~he county not w~thin
Ai~ort Height Not~fication Subzone
He~qht Notlf~cation Requlations. All development
pro~sals fo~ land w~th~n the.height notification
zone shall be fo~arded to th® Federal Aviation
Administratlo~ (FAA) to be reviewed for conformance
with the Obstructions Standards detailed in Title
14t Code of Federal Reoulatlons, Part 77 SubDart C.
(14 CFR Part 77)..
Coding: Words tn~ type are deletions from existing law.
Words underlined are additions.
ORDINANCE
A proposed development shall be determined to
be a.~otentia! airport obstruction" if the
proposed develol~aent would result in a
~ructure or natural vegetation having a
height greater than an imaginary surfaCe
extendinq outward and upward from the ends and
sides of a publicall¥ licensed airport active
runway at a slop~ of 1 foot vertical to 100
~eet horizontal outward to 20,000 feet for
Subzone A or 200 feet above qround level for
Subzone B. Applicants of any development
p~oposal determined by the county to result in
a structure(s] that constitutes a "potential
A~.rport obstruction" shall be issued a NotAce
of Potential Airport Obstruction durinq, the
development proposal review process by the
community development director or his
desiqnee.
NO p=oposal for develolxaent will be
approved for construction and no permit
for construction will be Issued for any
proposal to construct any structure which
is determined by the county to be a
~'potential airport obstruction" unless a
coun%y A~r~ort Construction Permit is
9ranted or unless a county Airport
Obstruction variance is granted.
b__. Any prOposed development which is not
determined to be a "potential airport
obstruction" is exempt from any airport heiqht
notification zone Permittlnq requlatlons
cOntained herein.
3_~. ~lrport Construction Permit Procedures and Criteria
for Approval. Any applicant affected by a Notice
of Potential Obstruction may aPPly to the community
development director for an Airport Construction
Permit.
a. Procedures for Obtaininq an Airport
Construction Permit,
1_=. ~ppllcants shall submit to the Plannlnq
Division a completed Airport Construction
Permit application form (as provided by
the county) and a copy of the notice of
proposed construction form submitted to
the FAA for the pro~ect. Permit requests
may be considered by the community
development director concurrent with
development plan aPProval consideration.
Prior to Dermlt requests beinq considered
for approval, applicants shall sub. It to
the Planninq Division the final
Determination Issued by
its review of the applicant's Notice of
Proposed Construction submitted In
accordance with 14 CFR Part 77.
b_= Criteria for Granting an Airport Construction
Permit.
Coding: Words in--type are deletions from existing law.
Words underlined are additions.
3
ORDINANCE 93-_
~ Where the FAA has reviewed the proposed
develooment and determined its
construction would not exceed an
Obstruction Standard of 14 CFR Part 77.
the community develooment director shall
grant an Airport Construction Permit for
the proposed develooment provided that a
condition is attached to the permit
approval to ensure that the approved
structure(s) is marked and lighted prior
to the issuance of a Certificate of
Occuoancv (C.O.1 if so required bv
Chapter 14-60. in accordance with the
standards of Rules of the DeDartment of
Transportation and Federal Aviation
Administration Advisory Circular 7017460-
1. as aJIlended.
11. Where the FAA has reviewed a proposed
development and determined that the
proposed development exceeds the
Obstruction Standards of 14 CFR Part 77.
no Airport Construction Permit IlIllV be
approved. and a county Airport
Obstruction Variance Csee reGUlations
below) must be obtained by the applicant
for the proposed develooment to Droceed.
~ Appeals.
Actions of the community develooment director
relating to granting or denying an Airport
Construction Permit may be apDSaled within 15
days of the decision rendered. ADPeals shall
be heard by the Board of Ad1ustment and may be
filed bY the applicant. staff. or any person
aGgrieved or taxpayer affected or Qovernlna
bodY of a political subdivision or FOOT. All
apDSals shall be filed. reviewed. and heard in
a manner consistent with sections 333.08 and
333.10 of the Florida Statutes.
h
Airport Obstruction Variance
Criteria.
Procedure.
and
!....
Procedures for Obtaining
Obstruction Variance.
an
Airport
~ Applicants shall submit to the Planning
Division a completed Airport Construction
Variance application form. as provided by
the county. Variance requests ahall be
considered by the Board of Ad1ustment.
The reQuellt may be aD'Proved# a:pproved
with conditions. or denied.
ii. Prior to variance requests being
scheduled for consider..~~~., l>1. the Board
of Ad1ustment. the applicant shall submit
to the Planning Division the follOWing:
. A CoDY of the notice of proposed
construction form submitted to the FAA;
. A final Determination issued by the FAA
based on its review of the aDDlicant's
Codinq: Words in type are deletions from existinq law.
Words underlined are additions.
4
ORDXN~ICE 93-~
Notlce of Proposed Construction submitted
in accordance with 14 CFR Part 77j
· A valid aeronautical evaluation lma~y
consist of the evaluation performed by
the FAA)}
eComments from the FDOT or evidence that
the FDOT has made no comments during Its
required 45 day comment timeframe. Said
evidence shall include a return receipt
showinq that the FDOT comment timeframe
has been exceeded.
Criteria for Granting an Airport Obstruction
Where the FAA has reviewed the proposed
development and dete~mined its construction
would exceed an Obstruction Standard of 14 CFR
Part 77~ the Board of Adjustment may orant an
Airport Obstruction Variance for a proposed
development. Such a variancemaYbe granted l~
the Board determines that a literal
enforcement of the regulations would result In
practical difficulty or unnecessary hardship
and where the relief qranted would not be
contrary to the public interest (i.e. the
development can be accommodated in navlqable
airspace without adverse impact to the
county's public use airports or aviation
operations) but would do substantial lustice
and be in accordance with the spirit of
chapter 333, Florida StatR~.s, and provided
that=
condition is attached to the variance
approval to require that the approved
structure(~} is marked and liqhted to
indicate to aircraft pilots the presence
of an obstruction in accordance with the
standards of FAA AdvisoryCircular Number
70/7460-1G.j as It maybe amended. Where
such markinq or liqhtinq is required,
such requirement shall be satisfied prior
to the issuance o~ a Certificate of
O~.gupancy (C.O.~.. for the affected
structure.
Ii. FAA determines the aeronautical
evaluations submitted are valid.
t11. Consideration is given to:
The nature of the terrain and height
of existing structures.
2. Public and private i..2u=~sts and
investments.
The character of flying operations
and planned development of airports.
4__=. FAA destqnated federal airways.
Coding= Words In--type are deletions from existing law.
Words underlined are addit~ons.
5
ORDINANCE 93-__
Whether construction of the proposed
structure would cause an increase in
the minimum descent altitude or the
decision height at the affected
a~_i~ort.
6._:.. Technological advances.
7__. The safety of persons on the ground
and in the air.
Land use density.
The safe and efficient use of
navigable airspace.
10. The cumulative effects on navigable
airspace of all existing structures~
proposed structures identified in
the ~p~llcable jurisdictions°
comprehensive.,.~lans,t, and all other
known proposed structures in the
area,
11. FAA determinations and results of
aeronautical studies conducted by or
for the FAA,
12.
FDOT comments and recommendationsr
including FDOT findings relating to
FS 333.025(1) standards and
guidelines.
13. Comments and recommendations from
local airport authorities.
14.
Other testimony and findings of
aviation operations and safety
experts.
Chapter 902 variance criteria shall not be
applicable to Airport Obstruction variance
requests.
(b) Airport Runway Clear Zone and Requlations.
Zone Establishment. There is hereby created and
established as an overlay zone on the adopted
county zoninq_.e~las a runway clear zone for areas
at each end of every active runway at all publicly
licensed airports. Within a runway clear zone,
certain uses are restricted or prohibited to reduce
incompatibilities with normal airport operations
and danqe~ to_public health.
2~ Runway Clear Zone Regulations.
a__. The following tYPes of uses ~hall be
prohibited within the runway clear zone=
~. Educational centers (including all t¥~es
of prlgary and secondary ,schools~ pre-
s~hool, st child care facilities).
ii. Hospltals~ medical inpatient treatment
facliltiesr '%ursinq/convalescent home
facilities.
coding= Words in--type are deletions from existing law.
Words underlined are additions.
bo
ORDXNANCI~ 93-~
Iii. Places of Worship?
Allowable Uses. Any use which is not
prohibited in a runway clear zone as
determined in a. above~....!S allowable within
the runway clear zone, subject to compliance
with applicable noise impact zone and zoning
district regulations.
Appeals. Determinations by the community
development director~ relating to use
interpretations involving section "a." above,
may be aPD@~.~ed to the Pianninq and Zonin~
Commission sittinq as the Airport Zoning
Commission, in the manner prescribed by
section 902.07(1) through (4) of the Code.
Further appeal ~ay be made to the Board of
Adlustment by an applicant or any person
aqorieved or taxpayer affected or governing
bo~ of a Political sub~lvislon or FDOT. All
such appeals to the Board of Adlustment shall
be filed~ reviewed, and heard in a manner
consistent with sections 333.08 and 333.10 of
the Florida Statutes.
.Airport Noise Impact Zone and Regulations.
Zone Establishment. There ls hereby created and
established as an overlay zone on the adopted
county zoning atlas an airport noise impact zone
for areas surrounding all publicly licensed
airports. The noise zone is an area in which uses
are restricted and special construction standards
are to be used to minimize the impact of airDo~
generated noise routinely produced by continuation
of normal airport opeF~tions. The airport noise
impact zone Is defined as follows:
An area contiquohs to a publicly licensed airport
measuring one-half (1/2) the lenqth of the longest
active runway on either side of and at the end of
each active runway centerline. For land use
control purposes, this boundary shall be considered
to be consistent with the 65 to 70 ldn zone
determined by an official Part 150 Noise Study.
Notwtthstandina other provisions of this section~
should any pu~!~ly licensed airport conduct an
official 14 CFR Part 150 study, the boundaries of
that airport's noise impact zone shall be modified
to comply with the official noise study, subject to
amendment of the official zoninq atlas as addressed
in Section 911.17(4.) of these regulations.
2_.:.. Noise Impact Zone Land Use Regulations.
Provisions of this section shall apply ._~9
constru~tio~, alteration, moving, repa~ ~nd .,se of
any building or S~ructure W~hin the Noise Impact
Zone.
Permitted Uses. The following uses shall be
permitted within the established noise overlay
zone, unless prohibited by overfliqht zone or
zoning district regulations~
Coding: Words in--type are deletLons from existing law.
Words underlined are add/tLons.
ii.
iii ·
Vi.
Vii ·
viii
xii.
xlii
XiV.
Xv.
XVi.
ORDINANCE 93-__
Governmental Servicez
Trans~ortation
Off-Street Parking
Offic~.z..buslnees and professional
Wholesale and retail building materials;
hardware and farm equipment
Retail trade - general
Utilities, Heavy or Limited
.Communications
Manufacturing - general
Photographic and optical services
Mining and fishing, resource production
and extraction
Hature exhibits and zoos
.Amusement parks, resorts and camps
__ Golf course~.~._ riding stables and water
recreation
Agricultural..pperations
Similar Uses.
b. Restricted Uses and Criteria. The following
uses shall be permitted within the established
noise overlay zone, (unless prohibited by
overflight zone or zoning district
regulations) only if the proposed development
g0mplies with the applicable criteria
described below=
ii.
Child Care, Transient _.Lodgings,
Educational Centers, Residential (other
than mobile homes), and similar uses,
Developers of proposed child care
facllitiesj transient lodgings~
educational centers and residential uses
(other than mobile homes) shall verify to
the county An writing that P~oposed
buildings are designed to achieve an
outdoor to indoor noise level reduction
(NLR) of at least 25 decibels. (Normal
residential construction can be expected
.to provide an NLR of 20-25 decibels).
Hospitals, Homes for the Aqed,._Fl~cos of
Worship, Auditoriusmj Concert Halls and
zimilar uses. Hospltalsj homes for the
aged, places of worshiP, s~toriums and
concert halls shall verify to t~e count2
in writing that proposed buildings are
desl~gned to achieve an outdoor to indoor
noise level reduction CNLR) of at least
25 decibels.
111.
Outdoor Sports Arenas, Spectator Sports
and similar uses. Outdoor s~orts arenas
and spectator sports facilities must be
constructed with special sound
reinforcement systems consistent with
buildinq code regulations.
In lieu of providing written verification that
s proposed building is designed for an NLR of
25 decibels (as stated in 1, 11, and 1tl
above), a develgper may execute and record an
av~qatlon easement as provided in
911,17(4){~}2.e. below.
Coding: Words in--type are deletions from existing law.
Words underlined are additions.
8
(d)
ORDZNANC~ 93-
Prohibited Uses. Uses which are not specified
in Section 911.17(4)(c)2.a. and b. as
pe~mltted or restricted are prohibited within
the noise overlay zone.
Appeals. Determinations by the community
develoPment dlrector~ relatlnq to use
interpretations lnvolvinq sections "a." or
"b." or "c." above, may be appea~ed to the
Planninq and Zonlna Commissl~.~ slttinq as the
AirPort Zoninq Commission, in the manner
prescribed by section 902.07(1) throuqh (4) of
the Code. Further appeal may be made to the
Board of Adlustment by an applicant any
aqqrteved person, taxpayer affected, qoverninq
body of a political subdivision, or FDOT.
such appeals to the Board of Adjustment shall
be filedf revl~.~ and heard in a manner
consistent with sections 333.08 and 333.10 of
the Florida Statutes.
e. Avlqatlon Easements. An avlqatlon easement is
a legal document that grants to the
owner~operator of a nearby airport a rlaht to
continue to operate the airport In a manner
similar to current operations, ~esplte
potential nuisance effects upon uses that are
being established In close proximity to the
airport. Applicants chooslnq to Provide an
aViqa~lon easement shall execute said easement
to the aDPropria~e, airport authority. The
easement shall be in a form acceptable to the
county attorney's office and shail be executed
In a recordable form by the ProPerty owner:
-prior to release of a development site plan,
:prlor to or via recording of a final plat, or
-prior to issuance of a building permit, as
applicable.
The property owner shall record the easement
an~provlde a copy of same to the county,.
Spec/al Requirements Applicable Throuqhout the
UnincorPorated Area of the County.
Notwlthstandinq andy other provision of this section
(91~.17) .... ~0 use may be made of land or water within the
unincorporated area of the county In such a manner as to
interfere with operation of an airborne aircraft uslnq a
pub~c!Y licensed airport. The followlnq ~peclal
requirements shall apply to PrOPosed developments=
1. Solid Waste Disposal Sites shall be reviewed In
accordance with the State of Florida Department of
Environmental Requlatlon {DER) Rule Ch&pter 17 701,
which requires the followinq~
aL. No Solid Waste Disposal Sites shall be
permitted to be located as follows=
Coding= Words in--type are deletions from existing law.
Words underlined are additions.
9
ORDINANCE 93-
within 1~/000 feet of any publicly
licensed airport active runway used or
planned to be used by turbine Powered
alrcr~f~ or
within 5~000 feet of any publicly
licensed airport active runway used only
by piston type aircraft, or
so that it places the active runways
and/or approach and departure patterns of
an airport between the solid waste
disposal site and bird feeding, water or
roosting areas, or
locations outside the above locations but
still within the limits of any airport
overlay zone(s.)...lf determined by the FAA
to pose a hazard.
2. Proposed developments which produce lights or
illumtnation~ smoke, glare or other visual hazards,
or produce electronic interference with airpOrt/
9~rplane navigation signals are subject to the
standards specified In the FAA Procedures Nanual
7400-2C, consistent with Chapter 333.03(3), Florida
Statutes, as may be applied and enforced by the
state and/0~ federal governments,
(e) Nonconforming Uses.
The regulations prescribed herein shall not be construed
to require the removal, lowering, or other change to or
alteration of any structure or natural vegetation not
conforming to the regulations as of the effective date of
this ordinance, or to otherwise interfere with
continuance of any nonconforminq use except as provided
in 333,07(1) and (3). H_o)f_.e~erj..no pre-existing
nonconforming structure, natural veqetatlon,~r use sh~ll
be replaced, rebullt,._~l~ered, or allowed to grow higher,
or to be~eplanted, so as to constitute an increase in
the deqree of nonconformity with these regulations
(911.17). Nothing contained herein shall require any
change in the construction, alteration, or intended use
of any structure~ where the construction or alteration
was bffgun..prior to the effective date of this ordinance
and is completed within one year thereafter.
The provisions of ChaPter 90,4 of the land development
regulations also ap~ly to non-conformities.
SECTION
Section 901 of the Definitions Chapter is hereby amended to include
the following definitions in alphabetical order~
AIRPORT, LICENSED PUBLIC USE - an area of land or water
desiqaud and set aside for the landing and taking
aircraft, utilized or to be utilized in the Interest of the
public for such purpose and va'lidiy licensed by the State in
the Public Airport category. ~ublicly licensed airports
lnclude~ The Veto Beach Municipal Airport, the Sebastian
Municipal Airport, and the New Hibiscus Airport.
Coding: Words in--type are deletions from existing law.
Words underlined are additions.
10
ORDINANCE 93-~
AIRPORT HEIGHT LIMITATION ZONE
Subzone A. The area surrounding each Licensed Public Use
Airport extending outward 20,000 feet from the ends and each
side of all active runways, and
Subzone B. That area within the unincorporated ames o~e
county not within Airport Height Notification Subzone
AIRPORT NOISE IMPACT ZONE - An area contlquous to a publicly
licensed airport measuring one-half [1/2) the length of the
longest active runway on either side of and at the end of each
active runway centerline. For land use control
boundary shall be considered to be consistent with the 65 to
70 ldn zone determined by an official Part 150 Noise Stud~.
AIRPORT OBSTRUCTION (Hazard) - Any structure or object of
natural growth or use of land which would exceed the federal
obstruction standards as contained in 14 CFR Parts 71.21,
~?~2~ 77.25~ 77.28~ and 77.29 and which obstructs the
airspace required for f~lqht of aircraft In taking off,
maneuvering or landinq at an airport or ts otherwise hazardous
to takinq~off~ maneuvering or landing of aircraft, and Is
unpermltted~ or for which a variance has not been qranted.
AIRPORT RUNWAY CLEAR ZONE -
An area at ground level which begins at the end of a primary
surface ~as defined In 14 CFR Part 77) and extends with the
width of each approach surface (as defined in 14 CFR part 77)
to terminate directly below each aPProach surface slope at the
point, or Points, where the slope reaches a height of 50 feet
above the elevation of the runway or 50 feet above the terrain
at the outer extremity of the clear zo~, ~h~ghsver. diztance
is shorter.
EASEMENT, AVIGATION - A right of use over property whereby an
airport ProPrietor may operate over real property of another.
EhEVATION, AIRPORT - The highest point of the airport's usable
landing, area measured In feet Above Mean Sea Level (AMSL).
LANDING AREA - The area of the airport used for the landlnq,
take-off~ or taxllnq of aircraft.
Ldn - a day/niqht 24-hour average sound level, in decibels,
obtained after addition of 10 decibels to sound levels
occurring during the night time period from 10 PM to 7 AM.
NOISE LEVEL REDUCTION (NI~.)._S .(also known as Sound Level
Reduction (SLR)) Reduction in sound level decibels between
two desiqnated locations or rooms for a stated frequency or
band.
ROOMSz OCCUPIED - Rooms within enclosed structures which are
or may reasonably be expected to be used for human act/rifles
which Involve speech communication~ sleeplnq~ eatlnq~
list~nl..~ ~o lived recorded or broadcast music or speech;
the regular use of telephones.
RUNWAY - A defined area on an airpSFt prepared for landing and
takeoff of aircraft along Its length.
coding: Words in--type are deletions from existing law.
Words underlined are addit~ons.
11
ORDINANCE 9 3-.~.~
SECTXON 3:
Section 911.15(1)(b) is hereby amended to read as
follo~s~
(b) Neiqht limitations. No structure shall be erected which
would conflict with the heiqht requlat~ons of section
911.17(4}(a). .~[
SECTION
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the Board
of County Commissioners of Indian River County, Florida which
conflict with the provisions of this ordinance are hereby repealed
to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 5:
CODIFICATION
The provisions of this ordinance shall be incorporated into
the County Code and the word "Ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or word
of this ordinance is for any reason held to be unconstitutional,
inoperative or void, such holdings shall not affect the remaininq
portions hereof and it shall be construed to have been the
legislative intent to pass this ordinance without such
unconstitutional, invalid or inoperative part.
SECTION
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of official
acknowledgement that this ordinance has been filed with the
Department of State of the State of Florida.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 18th day of March ,
1993.
This ordinance was advertised in the Vero Beach Press-Journal on
the 23 day of February , 1993, and on the tl day of
Na~ch , 1993, for public hearings to be held on the_2___
day of ~areh , 1993, and on the 18 day of
March , 1993 at which time at the final hearing it was
moved for adoption by Commissioner ~nn~rt , seconded
by Commissioner I~aeht ...... -- , and adopted by the
following vote~
Coding: Words in--type are deletions from existing law.
Words underlined are additions.
12
ORDINANCE
Chairman Richard N. Bird
Vice Chairman John W. ?lppin
Commissioner Fran B. Adams
Commissioner Carolyn K. Eggert
Commissioner Kenneth R. Macht
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIE'Y THAT THIS I~
A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE iN THIS
OFFICE.
~~BARTON, CLERK
BY D.C.
D~TE
k~ye
Absent
Aye
A~e
~yAe
BOARD OF COUNTY COMMISSIONERS
Rlchard..N. Bird, Chairman
ATTEST BY :~
C..
State6/c '
Acknowledgement by the Department of ,f the State of Florida
thisLday of March , 1993.
Effective Date= Acknowledgement from the Department of State
received on th~$ 29th day of March , 1993 at
10=00 A.M./H~A~4~ and filed in the office of the Clerk of the
Board of County Commissioners of Indian River County Florida.
APPROVED AS TO FOR AND LEGAL SUFFICIENCY.
W~lliam G. Collins, II, Deputy County Attorney
APPROVED AS TO PLANNING MATTERS
Robeit ~. Keatifig[, ilC~
Community Development ~lrector
u\c\s\911fdot2.azo
Coding: Words in--type are deletions from existing law.
Words underlined are additions.
15
City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF SEBASTIAN
I, Kathryn M. O'Halloran, City Clerk of the City of Sebastian,
Indian River County, Florida, do hereby certify that the attached
is a true and correct copy of Ordinance No. O-91-21.
ORDINANCE NO.: O-91-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE V~ SECTION 2OA-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 LI~ND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of
the City of Sebastian, Florida, this 15th day of July, A.D.,
1993.
Kath~Y~ M: O'HallOr~h, CMC/AAE
City Clerk
ORDINANCE 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~N 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 Vectoring 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 Runwa~f. 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 adjoining
2
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. Airport 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.
3
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 ma3or 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
turbo3et 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.
4
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 Ad3ustments.
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 Ad3ustment for a variance
from the zoning regulations in question. At
the time of filing, the applicant shall
forward a cody of his application for
variance by certified mail, return receipt
requested, to the Florida Department of
Transportation ( the "Department" ), Aviation
5
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 Department 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 justice 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
Adjustment may deem necessary to effectuate
the purposes of this section.
3. In granting 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 ~. CONFLICT. Ail 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
shall become and be made a part of the Land Development Code of
the City of Sebastian, Florida; that the sections of this
Ordinance ma~ 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
7
ATTEST:
Kathryn ~.f/O'Hallofan, CMC/AAE
City Clerk~
( SEAL )
CITY OF SEBASTIAN, FLORIDA
W.E. Co~, Mayor
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 ~ere held on this Ordinance at 7:00 p.m.
on the /~ day of ~j~ , 1992, and at 7:00 p.m. on
the ~_~__"day of ~ , 1992, and that following
said public hearingS this Or~inanc'e was passed by the City
Council.
Kathr~n%/M.'O~Hai~oran, CMC/AAE
City Clerk
C'ha~es'Ian ~aSh,
Cit~-Attorney