The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Airport" shall mean the Boca Raton Airport.

"Airport elevation" shall mean the highest point of the usable landing area at the airport, measured in feet above mean sea level.

"Airport obstruction" shall mean any structure, object or natural growth, or use of land which exceeds the federal obstruction standards as contained in 14 C.F.R., sections 77.21, 77.22, 77.25, and 77.28; which obstructs the airspace required for flight of aircraft in landing and takeoff at the airport; or is otherwise hazardous to the landing or takeoff of aircraft at the airport.

"Airspace height" shall mean height in feet above mean sea level elevation (AMSL), unless otherwise specified.

"Avigation easement" shall mean the conveyance to an airport proprietor of a right to a portion of the total benefits of the ownership of real property. The selected rights may be granted to the airport proprietor or may be purchased by him.

"Chief code administrator" shall mean the person who is responsible for the building inspectors of the city who will inspect the acoustical design of buildings constructed within noise zones to ensure that they meet the requirements of this chapter.

"Height of structure or obstruction" shall mean the highest point above mean sea level (AMSL) minus the airport elevation of 14 feet.

"Ldn" shall mean a day/night average sound level which is the 24-hour average sound level, in decibels, obtained after the addition of 10 decibels to sound levels from 10:00 p.m. to 7:00 a.m.

"Minimum en route altitude" shall mean the altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.

"Minimum obstruction clearance altitude" shall mean the specified altitude in effect between radio fixes on VOR airways, off-airway routes, or route segments and which assures acceptable navigational signal coverage only within 22 miles of a VOR.

"Minimum vectoring altitude" shall mean the lowest MSL altitude at which IFR aircraft will be vectored by a radar controller, except when otherwise authorized for radar approaches, departures or missed approaches.

"Noise reduction (NR)" shall mean the reduction in decibels of sound pressure levels between 2 designated locations or rooms for a stated frequency or band.

"Nonconforming use" shall mean any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or amendments hereto.

"Occupied rooms" shall mean rooms within enclosed structures which are or may reasonably be expected to be used for human activities which involve speech communication; sleeping; eating; listening to live, recorded or broadcast music or speech; or the regular use of telephones.

"Overflight areas" shall mean those areas that lie directly below and 500 feet on either side of the centerline of runways 4 and 22 at the airport, and extend 3,000 feet from the runway ends.

"Qualified acoustical consultant" shall mean a person who, because of training and experience in the science and technology of acoustics and knowledge of construction methods and materials, is considered qualified to pass judgment on acoustical designs, materials and methods of construction for the attenuation of noise.

"Runway" shall mean a defined area on an airport prepared for landing and takeoff of aircraft along its length.

"Site specific analysis (SSA)" shall mean the process by which a proposed land use in a designated aircraft noise-impacted area is examined for compliance with the city comprehensive plan, the attached noise zone map, and the land use guidance chart contained herein. Site specific analysis will consider the specific usage of a structure within a particular noise zone. The type of construction that will be required will be based upon the necessary measures to reduce inside noise levels to acceptable sound levels. In addition, site specific analysis in overflight areas requires an analysis of specific usage and location to determine compatibility with an airport.

"Sound absorption" shall mean the capacity of materials and furnishings in a room to absorb sound. For the purposes of this chapter, the sound absorption is equal to 0.05 times the room volume in cubic feet divided by the measured reverberation time in seconds determined with an octave band of noise centered at 500 hertz.

"Sound level" shall mean a quantity of sound, in decibels, measured by an instrument satisfying the requirements of American Standard Specification for type II sound level meters. The sound level shall be the frequency-weighted sound pressure level obtained with the frequency weighting "A" and the standardized dynamic characteristic "slow."

"Sound level reduction (SLR)" shall mean the difference in decibels between the sound level outside a building and the sound level inside a designated room of the building which is caused by exterior noise.

"Structure" shall mean any object constructed or installed by man, including but not limited to buildings, towers, smokestacks, utility poles and overhead transmission lines.

"Visual runway" shall mean a runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on an FAA-approved airport layout plan, a military servicesapproved military airport layout plan, or any planning document submitted to the FAA by competent authority.

"Zoning administrator" shall mean the director of the development services department of the city.

(Code 1966, § 3-2; Ord. No. 4170, § 27, 9-27-94)

Cross reference— Definitions and rules of construction generally, § 1-2.

This article is adopted pursuant to the authority conferred by F.S. §§ 333.03, 163.3177(7)(b) and 166.021. It is hereby found that an airport obstruction is hazardous to aircraft operations as well as the persons and property on the ground in the vicinity of the obstruction. An obstruction may affect land use in its vicinity and in effect reduces the size of areas available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the Boca Raton Airport and the public investment therein. It is further found that aircraft noise is an annoyance and is objectionable to residents of the community surrounding the Boca Raton Airport. Accordingly, it is declared that:

(a)

The creation of an airport obstruction is a public nuisance and an injury to the region served by the Boca Raton Airport.

(b)

It is necessary in the interest of the public health, safety and general welfare that the creation of airport obstructions and the incompatible use of land within certain airport noise zones be prevented.

(c)

The prevention of airport obstructions and incompatible land uses should be accomplished to the extent legally possible by the exercise of the police power, without compensation.

(d)

The prevention of the creation of airport obstructions, structures and incompatible land uses and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are proper public purposes.

(Code 1966, § 3-1)

(1)

It shall be the general duty of the city manager and the specific duty of the development services director to administer and enforce this article within the city.

(2)

Prior to the issuance or denial of a tall structure permit by the development services director, the Federal Aviation Administration must review the proposed structure plans and issue a determination of hazard/no hazard.

(3)

If the development services director finds any violation of the regulations contained in this article, the development services director shall give written notice to the person responsible for the violation. The notice shall indicate the nature of the violation and the necessary action to correct or abate the violation. The development services director may order discontinuance of any work being done, and shall take any other action necessary to correct violations and obtain compliance with the provisions of this article.

(Code 1966, § 3-3; Ord. No. 4170, § 27, 9-27-94)

(1)

The regulations prescribed by this article shall not be construed to require the removal, lowering or other alteration of any existing structure or tree not conforming to the regulations as of the effective date of this article, or to require the sound conditioning or other changes or alteration of any preexisting structure not conforming to this article as of the effective date of this article, or otherwise interfere with the continuance of any such preexisting nonconforming use.

(2)

Nothing herein contained shall require any change in construction or alteration of any structure for which work has commenced under a current and valid building permit issued by the city prior to the effective date of this article and which is diligently prosecuted to completion within 2 years thereof.

(3)

No nonconforming structure may be replaced, substantially altered, or rebuilt unless the structure or its replacement is thereby brought into conformity with this article, except as provided in section 3-51(b).

(4)

No nonconforming tree shall be permitted to grow higher, but shall be cut back as often as is necessary to a height no greater than its height as of the effective date of this article. The cost of removing or lowering any tree not conforming to the requirements as of the effective date of this article shall be borne by the airport proprietor.

(5)

No permit shall be granted that would allow the establishment or creation of an airport hazard, or permit a nonconforming structure or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was as of the effective date of this article.

(Code 1966, § 3-4)

Cross reference— Nonconforming uses and structures, § 28-186 et seq.

Editor's note— Ord. No. 4302, § 3, adopted November 22, 1996, amended the Code by repealing § 28-275 in its entirety. Former § 28-275 pertained to variances and derived from the Code of 1966, § 3-5, and Ord. No. 4170, § 27, adopted September 27, 1994.

Editor's note— Ord. No. 4304, § 2, adopted December 17, 1996, amended the Code by repealing § 28-276 in its entirety. Former § 28-276 pertained to the powers of the zoning board of adjustment and derived from the Code of 1966, § 3-6; Ord. No. 4170, § 27, adopted September 27, 1994; and Ord. No. 4302, § 4, adopted November 12, 1996.

Cross reference— Powers of the zoning board of adjustment, § 28-130.

Each violation of this article or of any regulation, order or ruling promulgated hereunder shall, upon conviction, be punishable pursuant to section 1-16.

(Code 1966, § 3-7)

Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations or zoning applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Code 1966, § 3-8)