This section shall be known as the Hernando County Airport Zoning Ordinance.

(Ord. No. 2018-14, § 1, 8-28-18)

A.

It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if obstructive in nature, reduces the size of the area available for the taking off, maneuvering, or landing of aircraft, and thereby destroys or impairs the utility of the airport and the public investment therein. It is further found that certain activities and uses of land in the immediate vicinity of airports as enumerated in this ordinance and subsection 333.03(2), Florida Statutes are not compatible with normal airport operations, and may, if not regulated, also endanger the lives of the public, adversely affect their health, or otherwise limit the accomplishment of such operations. Accordingly, it is hereby declared:

1.

That the creation or establishment of an airport hazard and the incompatible use of land in airport vicinities are public nuisances and injure the community served by the airport in question;

2.

That it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards and incompatible land uses be prevented; and

3.

That this shall be accomplished, to the extent legally possible, by the exercise of land use regulations.

B.

It is further declared that the limitation of land uses incompatible with normal airport operations, the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes.

(Ord. No. 2018-14, § 1, 8-28-18)

The following definitions shall apply only to the Airport Zoning Ordinance.

1.

Aeronautical study: A Federal Aviation Administration study, conducted in accordance with the standards of 14 C.F.R. part 77, subpart C, and Federal Aviation Administration policy and guidance, on the effect of proposed construction or alteration upon the operation of air navigation facilities and the safe and efficient use of navigable airspace.

2.

Airport: The Brooksville-Tampa Bay Regional Airport.

3.

Airport elevation: The highest point of an airport's usable landing area measured in feet above mean sea level (AMSL). The current elevation is seventy-six (76) feet AMSL.

4.

Airport hazard: An obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities.

5.

Airport layout plan: A set of scaled drawings that provides a graphic representation of the existing and future development plan for the airport and demonstrates the preservation and continuity of safety, utility, and efficiency of the airport.

6.

Airport protection zoning regulations: Airport zoning regulations governing airport hazards.

7.

Airspace height: The highest point of an airport's usable landing area measured in feet above mean sea level.

8.

Avigation easement: Legal document that grants to the owner/operator of a nearby airport a right to continue to operate the airport, despite potential nuisance effects upon uses that are being established in close proximity to the airport. Applicants choosing to provide an avigation easement shall execute said easement.

9.

Department: Florida Department of Transportation (FDOT).

10.

Education facility: Any structure, land, or use that includes a public or private kindergarten through 12 ^th grade school, charter school, magnet school, college campus, or university campus. The term does not include space used for educational purposes within a multitenant building.

11.

Instrument runway: A runway having an instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an FAA-approved airport layout plan; a military services approved military layout plan; any other FAA planning document, or military services military airport planning document.

12.

Landfill: The same meaning as provided in section 403.703, Florida Statutes.

13.

Nonconforming use: Any preexisting obstruction, structure or use of land which lawfully exists at the time of this regulation, and which existence is inconsistent with the provisions of these regulations or amendment thereto.

14.

Obstruction: Any existing or proposed object, terrain, or structure the construction or alteration of which exceeds the federal obstruction standards contained in 14 C.F.R. part 77, subpart C. The term includes:

(a)

Any object of natural growth or terrain;

(b)

Permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus; or

(c)

Alteration of any permanent or temporary existing structure by a change in the structure's height, including appurtenances, lateral dimensions, and equipment or materials used in the structure.

15.

Permit: Any development permit, building permit, zoning permit, plat approval, rezoning, variance or other action having the effect of permitting development activity.

16.

Person: Any individual, firm, co-partnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.

17.

Political subdivision: The local government of any county, municipality, town, village, or other subdivision or agency thereof, or any district or special district, port commission, port authority, or other such agency authorized to establish or operate airports in the state.

18.

Public-use airport: An airport, publicly or privately owned, licensed by the state, which is open for use by the public.

19.

Runway protection zone: An area at ground level beyond the runway end to enhance the safety and protection of people and property on the ground.

20.

Structure: Any object constructed, erected, altered, or installed, including, but not limited to, buildings, towers, smokestacks, utility poles, power generation equipment, and overhead transmission lines.

21.

Substantial modification: Any repair, reconstruction, rehabilitation, or improvement of a structure when the actual cost of the repair, reconstruction, rehabilitation, or improvement of the structure equals or exceeds fifty (50) percent of the market value of the structure.

(Ord. No. 2018-14, § 1, 8-28-18)

A.

Height notification regulations. All development proposals for land underlying the Brooksville-Tampa Bay Regional Airport's 14 CFR Part 77 Surfaces, shall use the Federal Aviation Administration (FAA) Notice Criteria Tool to determine if an aeronautical study is required. When the results of the Criteria Tool determine that additional future analysis is required, an FAA Form 7460-1, Notice of Proposed Construction or Alterations shall be filed with the FAA for a full Aeronautical Study. The FAA will issue a Letter of Determination stating if the construction or alteration is an obstruction in accordance with the obstructions standards detailed in Title 14, Code of Federal Regulations, Part 77 Subpart B and Subpart C (14 CFR Part 77), and its successors and amendments. The following is also required:

1.

Any communication tower shall be presumed to be an airport obstruction and require notification to the Federal Aviation Administration.

2.

Any proposed development must, at a minimum require:

a.

A building or development permit for the construction or alteration of an obstruction;

b.

The required marking and lighting for obstructions;

c.

Documentation showing compliance with the federal requirement for notification of proposed construction or alteration of structures and a valid aeronautical study submitted by each person applying for a permit;

d.

Consideration of the criteria in subsection 333.025(6), Florida Statutes when determining whether to issue or deny a permit; and

e.

That approval of a permit shall not be based solely on the determination by the Federal Aviation Administration that the proposed structure is not an airport hazard.

(Ord. No. 2018-14, § 1, 8-28-18)

A.

Airport permit required: Any person proposing to construct, alter, or allow an obstruction in an airport hazard area, as required by this Article, shall apply for an airport permit, as applicable. An airport permit may not be issued if it would allow the establishment or creation of an airport hazard or if it would permit a nonconforming obstruction to become a greater hazard to air navigation than it was when the applicable airport zoning ordinance was adopted which allowed the establishment or creation of the obstruction, or than it is when the application for a permit was made.

B.

Federal Aviation Administration (FAA) Coordination: All applicable FAA forms shall be completed, and a determination letter shall be filed with the application for a permit. Refer to the FAA Notice Criteria Tool on the FAA website to determine whether an aeronautical study is required for the proposed development.

C.

Airport permit application:

1.

In addition to the standard requirements to obtain a permit, the applicant shall submit to the county airport manager a completed airport permit application form (as provided by the county). Airport permit requests may be considered concurrent with development plan or other permit approval process. The FAA Determination Letter received as part of the FAA coordination shall be submitted to the county along with the airport permit application, if applicable.

2.

The county airport manager shall provide a copy of the application to the Florida Department of Transportation Aviation and Spaceports Office by certified mail, return receipt requested or by email to DOTAirportZoning@dot.state.fl.us. In accordance with subsection 333.025(4), Florida Statutes, the Department has a fifteen-day (15) review period following receipt of the application, which runs concurrently with the county's permitting process.

3.

Cranes, construction, equipment, and other temporary structures in use or in place for a period not to exceed eighteen (18) consecutive months are exempt from the department review unless such review is requested by the department.

D.

Criteria for granting or denying an airport permit:

1.

In determining whether to issue or deny an airport permit, the following criteria shall be considered, as applicable:

a.

The safety of persons on the ground and in the air.

b.

The safe and efficient use of navigable airspace.

c.

The nature of the terrain and height of existing structures.

d.

The effect of the construction or alteration on the state licensing standards for a public-use airport contained in chapter 330 and rules adopted thereunder.

e.

The character of existing and planned flight operations and developments at public-use airports.

f.

Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated by the Federal Aviation Administration.

g.

The effect of the construction or alteration of the proposed structure on the minimum descent altitude or the decision height at the affected airport.

h.

The cumulative effects on navigable airspace of all existing structures and all other known proposed structures in the area.

(Ord. No. 2018-14, § 1, 8-28-18)

To protect the airspace of public airports, Part 77 imaginary surfaces and their associated airspace height restrictions consistent with 14 CFR. Part 77, Subpart C (77.19) are hereby created and established by the county and incorporated herein by reference.

(Ord. No. 2018-14, § 1, 8-28-18)

Notwithstanding any other provisions of this section, no use may be made of land or water within Hernando County in such a manner as to create an airport hazard or compromise the health, safety, and welfare of any person on the ground. The following special requirements shall apply:

A.

Prohibited uses in the runway protection zone. The runway protection zone (RPZ) is an area at ground level prior to the threshold or beyond the runway end to enhance safety and protection of people and property on the ground. New incompatible uses or activities, or substantial modifications to existing incompatible uses within any runway protection zone (RPZ) are prohibited. Such uses include the following:

1.

Recreational.

2.

Residential.

3.

Hospitals / inpatient treatment facilities / nursing homes.

4.

Educational facilities.

5.

Churches / places of worship.

6.

Storage of explosive materials.

7.

Uses that assemble large groups of people and/or other uses that could produce a major catastrophe as a result of an aircraft incident.

B.

Prohibited residential construction and educational facilities. New educational facilities and new residential construction shall be prohibited within an area contiguous to the airport measuring one-half the length of the longest runway on either side of and at the end of each runway centerline.

C.

Landfills. No landfills (as defined in F.S. 403.703) shall be permitted to be located as follows within the following areas:

1.

Within ten thousand (10,000) feet from the nearest point of any runway used or planned to be used by turbine aircraft.

2.

Within five thousand (5,000) feet from the nearest point of any runway used by only non-turbine aircraft.

3.

Outside the perimeters defined above in subsections 1) and 2), but still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. s. 77.19.

Where any landfill is located and constructed in a manner that attracts or sustains hazardous bird movements from feeding, water, or roosting areas into, or across, the runways or approach and departure patterns of aircraft, the landfill operator shall incorporate bird management techniques or other practices to minimize bird hazards to airborne aircraft.

D.

Visibility and glare. Notwithstanding any other provision of this article, no use may be made on land or water within the county in such a manner as to interfere with the operation of airborne aircraft. The following special requirements shall apply:

1.

All lights or illumination used in conjunction with streets, parking, signs, or use of land and structures, shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the airport or in the vicinity thereof.

2.

No operations from any use shall produce smoke, glare, or other visual hazards within three (3) statute miles of any usable runway of the airport.

3.

No operations from any use in the county shall produce electronic interference with navigation signals or radio communication between the airport, air traffic controller and the aircraft.

(Ord. No. 2018-14, § 1, 8-28-18)

The regulations prescribed in this article shall not be construed to require the removal, lowering or other change or alteration of any obstruction or use not conforming to the regulations when adopted or amended; or otherwise interfere with the continuance of any nonconforming use which has not been abandoned as provided below.

A.

Abandonment. If a nonconforming use has been abandoned or is more than eighty (80) percent demolished, destroyed, deteriorated, or decayed, as determined by the local building official or a certified engineer's estimate, the owner of an abandoned or deteriorated nonconforming obstruction may be required, at his or her own expense, to lower, remove, reconstruct, alter, or equip such obstruction as may be necessary to conform to the current airport zoning regulations. If the owner of the nonconforming obstruction neglects or refuses to comply with such requirement for thirty (30) days after such notice, the county may proceed to have the obstruction so lowered, removed, reconstructed, altered, or equipped, and assess the cost and expense thereof upon the owner of the obstruction or the land whereon it is, or was, located.

B.

Acquisition of air rights. If a nonconforming use or obstruction is determined to be an airport hazard and the owner will not remove, lower, or otherwise eliminate it, the necessary approach protection may be provided by acquisition of property rights rather than by airport zoning regulations. The board of county commissioners, pursuant to a recommendation from the county airport manager, may purchase the property in fee simple, or acquire an avigation easement. The county shall, in addition to the damages for the taking, injury, or destruction of property, also pay the cost of the removal and relocation of any structure or any public utility that is required to be moved to a new location.

(Ord. No. 2018-14, § 1, 8-28-18)

In issuing a permit under this section, Hernando County or its airport manager shall require the owner of the obstruction to install, operate, and maintain thereon, at his or her own expense, marking and lighting in conformance with the specific standards established by the Federal Aviation Administration.

(Ord. No. 2018-14, § 1, 8-28-18)

The county airport manager is charged with administering and enforcing the regulations herein prescribed.

(Ord. No. 2018-14, § 1, 8-28-18)

A.

The board of county commissioners shall exercise the following powers within their respective territorial limits:

1.

To adopt and amend Article X, Airport Zoning Ordinance. Amendments will be provided to the Florida Department of Transportation Aviation Office within thirty (30) days of adoption.

2.

To hear and decide appeals from any order, requirement, decision, or determination made by the airport manager in the enforcement of this article.

(Ord. No. 2018-14, § 1, 8-28-18)

Any person affected by any decision of the county airport manager made in administering the airport zoning regulation may appeal to the board of county commissioners. Appeals shall be filed no later than thirty (30) days after the date of notification of the decision appealed from by filing a notice of appeal with the county airport manager specifying the grounds for the appeal. The county airport manager will transmit to the board of county commissioners copies of the action appealed. An appeal stays all proceedings in furtherance of the action appealed from, unless the county airport manager certifies to the board of county commissioners after the notice of appeal has been filed that, by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings will not be stayed other than by order by the board of county commissioners or by a court of competent jurisdiction. The board of county commissioners will conduct a public hearing of appeals within thirty (30) days of receiving the notice of appeal.

A.

Notice of hearing: Notice of time, date and location will be sent to the petitioner ten (10) calendar days prior to the hearing. The board of county commissioners will give public notice of the hearing in a newspaper of general circulation in the county once a week for two (2) weeks consecutive weeks prior to the date of the public hearing.

B.

Commission decision: The board of county commissioners may affirm, reverse, or modify the terms of the permit or other determination for which the appeal is taken. The board of county commissioners will issue a decision within thirty (30) calendar days following the public hearing if a decision on the appeal is not reached at the public hearing.

(Ord. No. 2018-14, § 1, 8-28-18)

Any person or political subdivision affected by any decision of the board of county commissioners may apply for judicial relief to the circuit court within thirty (30) days after rendition of the decision. Review shall be by petition for writ of certiorari, which shall be governed by the Florida Rules of Appellate Procedure.

The court has exclusive jurisdiction to affirm, reverse, or modify the decision on the permit or other determination from which the appeal is taken and, if appropriate, to order further proceedings by the political subdivision or its administrative agency. The findings of fact by the board of county commissioners, if supported by substantial evidence, shall be accepted by the court as conclusive, and an objection to a decision of the political subdivision or its administrative agency may not be considered by the court unless such objection was raised in the underlying proceeding.

If airport zoning regulations adopted are held by a court to interfere with the use and enjoyment of a particular structure or parcel of land, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the State Constitution or the Constitution of the United States, such holding shall not affect the application of such regulations to other structures and parcels of land, or such regulations as are not involved in the particular decision.

A judicial appeal to any court may not be permitted until the appellant has exhausted all its remedies through application for local government permits, exceptions, and appeals.

(Ord. No. 2018-14, § 1, 8-28-18)

In the event a person violates airport zoning regulations, the county administrative official will provide a citation to the property owner indicating the nature of the violation and the course of action to remedy the violation. Violation of airport zoning regulations is a misdemeanor of the second degree. Nothing contained in this article shall be construed to prevent Hernando County from enforcing its code or ordinances, including this article, by any other means allowed or permitted by law, including, but not limited to, proceedings to enjoin continuation or maintenance of any condition prohibited by this article upon such terms and with such notice as the code enforcement department and the court may determine to be applicable.

In addition, the board of county commissioners may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of these regulations or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the county such relief, by way of injunction, mandatory or otherwise, as may be proper under all the facts and circumstances of the case in order to fully effectuate the purposes of these regulations adopted and orders and rulings made pursuant thereto.

(Ord. No. 2018-14, § 1, 8-28-18)

In the event of conflict between airport zoning regulations adopted under this ordinance and any other regulations or ordinances applicable to the same area, whether the conflict be with respect to the height of structures or vegetation, or the use of land, the more stringent limitation or requirement shall govern.

(Ord. No. 2018-14, § 1, 8-28-18)