The Council finds and determines as follows:

(a)

It is necessary and proper for the City, in the exercise of its police power of land use regulation, to require controls within certain noise zones, airspace height and hazard zones, clear zones and accident potential zones so as to minimize potential detrimental effects on its citizens.

(b)

The combined noise zones, airspace height and hazard zones, clear zones, runway safety areas, runway protection zones and accident potential zones described in this Part constitute a significant portion of the land area of the City.

(c)

The Planning Commission considered this Part and rendered an advisory opinion.

(d)

The Land Use and Zoning Committee, after due notice and public hearing, has made its recommendation to the Council.

(e)

Taking into consideration the above recommendations, the Council finds that this Part is consistent with the Comprehensive Plan.

(Ord. 2006-1225-E, § 1)

It is the intent of this Part 10 to promote the health, safety and general welfare of the inhabitants and visitors of the City by preventing the creation, establishment or maintenance of hazards to aircraft, preventing the destruction or impairment of the utility of the airports in the city and the public investment therein and protecting the lives and properties of owners or occupants of lands in the vicinity of airports as well as the users of airports and to aid and implement the overriding federal interest in safe operation of airports and the security of land surrounding airports.

(Ord. 2006-1225-E, § 1)

The regulations set forth herein are applicable to all lands lying within delineated airport environs adopted as a part of the Zoning Atlas as provided in Section 656.202 and to all lands defined in Section 656.1005 herein. Notwithstanding the zoning district regulations set out in Part 3, the provisions of this Part as they apply to a parcel of land shall override and supersede other regulations set forth in the Zoning Code to the extent set forth herein based upon the airport environ(s) in which the parcel is located. The provisions of this Part shall not override or supersede notification requirements previously established pursuant to the Zoning Code, or by action of a property owner.

The boundaries of all airport environ zone delineations shall be determined as follows:

(a)

Unless Section 656.214 applies, for recorded lots less than one acre in size, where an airport environ zone enters or crosses the parcel, the land use restriction and noise level reduction standards of the more stringent airport environ zone shall apply to the entire lot.

(b)

For platted and unplatted properties greater than one acre in size, where an airport environ zone enters or crosses the parcel, the regulations associated with more than one zone may apply. The Planning and Development Department shall use the Zoning Atlas, including the applicable airport environ zone, overlaid onto a parcel map to determine the applicable zone. The Planning and Development Department, in consultation with the United States Navy or the Jacksonville Aviation Authority, as appropriate, shall determine the line of demarcation.

Planned Unit Developments and site plans reviewed pursuant to Section 656.404 requirements for preliminary site development review that were approved prior to the effective date of this ordinance (March 27, 2007) may proceed as approved regarding density and uses, however, if a previously platted or approved subdivision unit or phase is partially built out such that less than 50 percent of the platted or approved units or ten units, whichever is fewer, remain to be built, such remaining units can be constructed pursuant to the noise attenuation standards required when the subdivision was originally platted or approved. Except as limited herein, all other requirements shall apply. The developer shall provide notice to potential buyers, using the notice procedures outlined in this Part, to disclose the fact that units exempted under this Section have not been constructed to the noise attenuation standards currently otherwise required.

Nothing in this Section shall prevent a Civilian or Military Airport from negotiating with a property owner to establish avigation easements or notification requirements.

(Ord. 2006-1225-E, § 1; Ord. 2007-1048-E, § 1)

For the purposes of this Part:

(a)

Accident Potential Zone I (APZ I) applies only to military airfields. This is defined as the area 500 feet either side of the runway centerline and 2500 feet from the end of the Clear Zone for Class A runways. For Class B runways it is 3000 feet wide beginning at the end of the clear zone and 5000 feet long. The APZ may be curved and enlarged to conform to the shape of the predominate flight track.

(b)

Accident Potential Zone II (APZ II) applies only to military airfields. For Class A runways this is defined as the area 1000 feet wide and 2500 feet long beginning at the end of APZ I. Accident Potential Zone II (APZ II) for Class B runways is 3000 feet wide and 7000 feet long beginning at the end of APZ I. The APZ may be curved and enlarged to conform to the shape of the predominate flight track.

(c)

Air installation compatible use zones (AICUZ) program is a Department of Defense (DoD) program and only applies to military airbases. The purpose of the program is to protect the public's safety, health and welfare while safeguarding the operational capabilities of military airports. The main intent of the AICUZ Program is to insure that development of surrounding lands will be compatible with noise levels and accident potential associated with military airport operations.

(d)

Airport (Civilian) includes all of the following:

(1)

Jacksonville International Airport.

(2)

Craig Airport.

(3)

Herlong Airport.

(4)

Cecil Field.

(e)

Airport (Military) includes all of the following:

(1)

Naval Air Station, Jacksonville, Florida.

(2)

Outlying Field Whitehouse, Jacksonville, Florida.

(3)

Naval Station Mayport, Jacksonville, Florida.

(f)

Airport elevation means the highest point of an airport's usable landing area measured in feet above mean sea level.

(g)

Airport environ zone (civilian airports) means those areas which are included in a height and hazard zone; noise zone; notice zone, school regulation zone, miscellaneous use zone, runway safety area, and runway protection zone. These zones are determined by the Jacksonville Aviation Authority. If consistent with the Comprehensive Plan, maps associated with zones may be added to the Zoning Atlas in the form of an Airport Environ Zone map and the requirements of Part 10 enforced within them by action of the City Council, after recommendation by the Planning and Development Department and the Planning Commission.

(h)

Airport environ zone (military airports) means those areas which are included in an height and hazard zone; noise zone, notice zone, school regulation zone, accident potential zone and/or clear zone, miscellaneous use zone, and the lighting regulation zone at Outlying Field Whitehouse. These zones are determined by the Navy. If consistent with the Comprehensive Plan, maps associated with zones may be added to the Zoning Atlas in the form of an Airport Environ Zone map and the requirements of Part 10 enforced within them by action of the City Council, after recommendation by the Planning and Development Department and the Planning Commission.

(i)

Airport Notice Zones are those zones requiring execution of an Airport Notice Zone Acknowledgement, as required in Section 656.1010. All parcels partially or completely within the Notice Zone shall be denoted with the suffix of P10. The Airport Notice zones are areas for which the limits are represented by the 60 DNL to 64.99 DNL noise contour range. This zone is determined by the Navy and Jacksonville Aviation Authority. Maps associated with the Airport Notice Zone may be added to the Zoning Atlas and the requirements of Part 10 enforced within it only by action of the City Council, after recommendation by the Planning and Development Department and the Planning Commission. For military airports only, the Airport Notice Zone also shall encompass all lands within accident potential zones, lighting regulation zone (for OLF Whitehouse only) or the 150-foot Height and Hazard Zone which is also known as inner horizontal and conical surface zone as shown on the Airport Notice Zone Map and as adopted into the Zoning Atlas (only as it applies to NASJax, NSMayport and OLF Whitehouse).

(j)

Airport Notice Zone Acknowledgement is a notice filed pursuant to 656.1005, subsections A and B, and 656.1010. The Acknowledgement form is found at 656.1014.

(k)

Airport obstruction is defined as a structure or object of natural growth or use of land which would exceed the federal obstruction standards as contained in Title 14, Code of Federal Regulations (CFR), Part 77 or NAVFAC P-80.3 01/82 which obstructs the airspace required for flight of aircraft in landing and takeoff at an airport or which is otherwise hazardous to the landing or taking off of aircraft. Examples include an object constructed, controlled, or installed by man, including but not limited to buildings, antennae, towers, smokestacks, utility poles, cranes, trees, vegetative plants and overhead transmission lines.

(l)

Clear Zone (military airports) is the trapezoidal government owned area abutting the end of each airport runway. The limits of the clear zones vary based on the type of runway and within the clear zone land should be cleared and graded and free of above ground objects except for U.S. Navy approved structures.

(m)

Cluster means to group uses close together rather than distributing them evenly throughout a site while remaining below the applicable gross density or intensity ceiling of the land use plan category.

(n)

Day/Night Noise Level (DNL) is a cumulative measurement of community noise exposure established by the Federal government. The sound exposure levels from aircraft events are accumulated to determine the sound pressure present in a 24-hour period and a 10 decibel penalty is applied to each aircraft event that occurs between 10:00 p.m. and 7:00 a.m. DNL values are typically shown as a series of noise contours surrounding the airport.

(o)

dB Decibel is the measurement of sound by its pressure or energy level. The decibel scale is logarithmic. Noise energy doubles with each increase of 3 decibels.

(p)

dBA is the measurement of sound pressure using an A-weighted scale to best represent the range of human hearing.

(q)

Fully shielded shall mean an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below a horizontal plane extending from the bottom of the light fixture.

(r)

Height and Hazard Zone includes lands located within the surface limits of the airport height zone for which there is a potential for such hazards as electronic interference, light glare, bird strike hazard and other potential hazards to safe navigation of aircraft. Height zone means the obstruction height limits as defined in Title 14, Code of Federal Regulations (CFR), Part 77 and Navy NAVFAC P-80.3 set forth in this Part. They include all the land lying beneath the approach, transitional, horizontal and conical surfaces as they apply to a particular airport. The area located in more than one of the described zones is considered to be only in the zone with the more restrictive height limitation. The City has defined 0′, 35′, 50′, 150′, 300′, and 500′ Height and Hazard Zones and structures exceeding these heights must be referred to the Jacksonville Aviation Authority or the US Navy as required by Section 656.1005. These zones are shown on the Zoning Atlas and included in the Airport Environs Maps.

(s)

Lighting Regulation Zone means an area that includes all lands beneath the primary zone, clear zone, both approach and departure clearance zones (sloped and horizontal), inner horizontal conical surface zone and transitional zone (see NAVFAC P-80.3) in conjunction with Outlying Field Whitehouse only.

(t)

Minimum vectoring altitude means the lowest mean sea level altitude at which an aircraft on instrument flight rules will be vectored by a radar controller, except when otherwise authorized for radar approaches, departures and missed approaches.

(u)

Miscellaneous Use Zone means an area within the Height and Hazard Zone as defined in R above, of airports where JAA or US Navy approval is required for the uses listed in 656.1005 Subsection A (d) and Subsection B (d).

(v)

Noise Level Reduction (NLR) is a measurement standard for the reduction in sound level transmission between two designated locations for a stated sound frequency band. NLR standards are used to evaluate the effectiveness or establish the requirements of techniques to limit sound level transmission in order to prevent or mitigate adverse noise impacts.

(w)

Noise Zones are areas for which the boundaries are represented by DNL noise contour ranges. All parcels partially or completely within the Noise Zone shall be denoted with the suffix of P10. The noise zones are Noise Zone A (DNL values 75 and greater); and Noise Zone B (65 DNL to 74.99 DNL range). These zones are determined by the Navy and the Jacksonville Aviation Authority. Maps associated with Noise Zones may be added to the Zoning Atlas and the requirements of Part 10 enforced within them only by action of the City Council, after recommendation by the Planning and Development Department and the Planning Commission.

(x)

Runway Protection Zone (RPZ) is a trapezoidal area starting 200 feet from the existing or future runway ends at a civilian airport and extending 1,000 to 2,500 feet beyond the starting point depending on the type of aircraft and the approach visibility minimums for the runway that is intended to enhance the protection of people and property on the ground. The Federal Aviation Administration (FAA) requires the clearing of all incompatible objects and activities from this area and encourages the airport to acquire a sufficient property interest in the RPZ to control the land uses on the property to prohibit residences and places of public assembly, churches, schools, hospitals, office buildings, shopping centers and fuel storage facilities.

(y)

Runway Safety Area is an area surrounding the runways at civilian airports that is prepared or suitable for reducing the risk of damage to airplanes in the event of a problem on landing or take-off by clearing all obstructions from the area. This surface extends 600 to 1,000 feet from the end of an existing or future runway depending on the type of aircraft operating from the runway.

(z)

School Regulation Zones are areas defined in FS 333.03. School sites are regulated based on their relationship with existing or planned runways shown in the AICUZ, in the case of a military facility or Master Plan, in the case of a civilian facility. School regulation zones are shown on the Zoning Atlas and will be included in the Airport Environs map.

(Ord. 2006-1225-E, § 1; Ord. 2008-258-E, § 1)

There are hereby created two subsections: SUBSECTION A applicable to civilian airport environs and SUBSECTION B applicable to military airport environs.

(a)

Civilian airport environ zones are designated in accordance with Table 656-1, below.

Table 656-1

(b)

Allowable land uses in noise zones. Notwithstanding the zoning district regulations contained elsewhere in this Chapter, the allowable land use for a parcel of land lying within a noise zone shall be modified as set forth by the regulations in this Section.

(1)

The land use requirements shown in Table 656-2, below, shall determine, subject to the zoning classification of the parcel, allowable land uses for the noise zones within which a given parcel of land lies.

(2)

Land use requirements are delineated in three categories:

(i)

Unacceptable development (X), which means that, even though otherwise permitted in the zoning classification of the parcel, the land use is prohibited as delineated by Table 656-2, below.

(ii)

Conditional new development (C), which means that, even though otherwise permitted in the zoning classification of the parcel, prior to commencement of the land use indicated, the use shall meet the guidelines set forth in the footnotes to Table 656-2, below.

(3)

Acceptable development (A), which means that the provisions of the appropriate zoning classification of the parcel shall apply as well as Airport Notice Zone Acknowledgement requirements.

Table 656-2

A—Acceptable development

X—Unacceptable development

C—Conditional development, with conditions as noted:

1

Recorded Airport Notice Zone Acknowledgement applied to the parcel.

2

Compatible development is conditioned on design and construction providing for an average minimum NLR of average minimum 30 dBA throughout the facility or dwelling. Average minimum NLR is applicable only to habitable portions of accessory structures.

3

Compatible development is conditioned on design and construction providing for an average minimum NLR of average minimum 25 dBA throughout the facility or dwelling.

4

Permitted only within height constraints.

5

Rooms/buildings for funeral services, prayer and meditation are not permitted.

6

Compatible development is conditioned on design and construction providing for an average minimum NLR of average minimum 30 dBA in the clubhouse or other interior meeting structure.

7

Schools are further limited by Chapter 333, F.S.

8

Operations which attract a large concentration of birds should be excluded.

9

Compatible development is conditioned on design and construction providing for a noise level reduction of average minimum 30 dBA in reception, office and employee lounge areas.

10

Compatible development is conditioned on design and construction providing for a noise level reduction of average minimum 25 dBA in reception, office and employee lounge areas.

11

Development permitted in Planned Unit Developments approved prior to the enactment date of this ordinance or pursuant to preliminary site development reviews in accordance with Section 656.1003 and uses or structures permitted pursuant to Section 656.1008 shall also be subject to footnote 1 and footnote 2 of this table.

12

Compatible development is conditioned on design and construction providing for an average minimum NLR of average minimum 35 dBA throughout the facility or dwelling. Average minimum NLR is applicable only to habitable portions of accessory structures.

13

New residential uses are limited to development number and intensity existing by right pursuant the zoning code and comprehensive plan as of March 27, 2007.

14

New subdivisions located partially within a >75 DNL area must cluster development in a manner so as to eliminate or minimize residential development in the >75 DNL portion of the property. If the entire property is located in a >75 DNL area, residential development must be clustered in such a manner so as to minimize exposure of residences to negative effects of proximity to the airport use. Reductions or waivers of lot development criteria (i.e. lot size, setbacks, road frontage) shall be authorized to accomplish this purpose through issuance of a final order by the Director, if it is determined that such reduction or waiver is not contrary to the density/intensity requirement of the land use category. This final order shall be appealable in the same manner as a Written Interpretation, pursuant to Section 656.109.

(c)

Allowable development in Airport Height and Hazard zones (HH). Notwithstanding the zoning district regulations contained elsewhere in this Chapter, the allowable development on a parcel of land lying within an Airport Height and Hazard Zone shall be modified as set forth by the regulations in this Section. Airport Height and Hazard zones exist around all civilian airports within the City limits of Jacksonville as defined in Section 656.1004 (R). The horizontal limits of the zones and limitations on heights of obstructions within these zones are defined for each airport by Title 14, Code of Federal Regulations (CFR), Part 77 guidelines. The City of Jacksonville Planning and Development Department has GIS maps provided by the Jacksonville Aviation Authority showing the boundaries of the Airport Height and Hazard Zones around each airport. In order to assure that Part 77 guidelines are not exceeded and that no structure or obstruction is permitted that would raise a minimal obstruction clearance altitude, a minimum vectoring descent altitude or a decision height, all cell towers and any structure or obstruction in excess of the height limit above ground as depicted on the Zoning Atlas and the Airport Environs Maps shall receive, in writing, FAA or Aviation Authority comment if they are within an Airport Height or Hazard Zone. Any construction above 200 feet or that penetrates a Part 77 surface must provide notice to the FAA Administrator prior to beginning construction. Although written documentation from the Aviation Authority or acceptable evidence that a parcel is not in a Height or Hazard Zone is not required for proposed structure heights below the listed heights, Part 77 still applies.

(d)

Miscellaneous Use Regulations apply to the development within Miscellaneous Use Zones that may be a hazard to aircraft in flight. It shall be unlawful and a violation of the Zoning Code to establish, maintain or continue a use within the surface limits of the height and hazard zone in a manner as to interfere with the operation of airborne aircraft. Development proposals for miscellaneous uses as listed below shall be forwarded to the JAA. The following special requirements shall apply to each use lawfully established in the zones:

(1)

Lights or illumination used in conjunction with street, 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 an airport or in the vicinity thereof as determined by the airport operator.

(2)

No operations of any type shall produce smoke, glare or other visual hazards within the limits of the zone that would adversely affect the safe flight of aircraft.

(3)

No operations of any type shall produce electronic interference with navigation signals or radio communication between the airport and aircraft within the limits of the zone.

(4)

In addition to the height limitations imposed by the height and hazard zone, no structure or obstruction will be permitted within the City that would cause a minimum vectoring altitude to be raised.

(5)

No use of land, including those resource production/extraction/open land uses addressed in Section 656.1005, as well as ponds, borrow pits, waste disposal and other facilities which store, handle or process organic or any other material that fosters or harbors the growth of insects, rodents, amphibians or other organisms as they result in significant bird population increases above the normal background should be permitted which encourages or attracts large concentrations of birds or waterfowl within the vicinity of an airport.

(e)

Allowable development in Runway Protection Zones (RPZ). Notwithstanding the zoning district regulations contained elsewhere in this Chapter, the allowable development on a parcel of land lying within a runway protection zone shall be modified as set forth by the regulations in this Section. A runway protection zone exists adjacent to the end of all civilian airport runways within the City limits of Jacksonville. The horizontal limits of the zones have been defined based on FAA criteria for each runway. The City of Jacksonville Planning and Development Department has GIS maps provided by the Jacksonville Aviation Authority showing the boundaries of the runway protection zones adjacent to each airport runway. Prior to modifying the use of a parcel of land, the owner or developer must review the GIS maps to determine if the parcel is located in whole or in part in the runway protection zone. If the parcel is found to be in one of the runway protection zones, the Aviation Authority office of Planning and Development must be notified in writing of the proposed changes to the use of the parcel. The Aviation Authority will then notify the City in writing of the compatibility of the use with the runway protection zone requirements.

(Ord. 2006-1225-E, § 1; Ord. 2008-258-E, § 1; Ord. 2019-691-E, § 1)

(a)

Military airport environ zones are designated in accordance with Table 656-3, below.

Table 656-3

(b)

Allowable land uses in noise zones and accident potential zones. Notwithstanding the zoning district regulations contained elsewhere in this Chapter, the allowable land use for a parcel of land lying within a noise zone and/or an accident potential zone shall be modified as set forth by the regulations in this Section.

(1)

The land use objectives shown in Table 656-4, below, shall determine, subject to the zoning classification of the parcel, allowable land uses for the airport environs area within which a given parcel of land lies.

(2)

Land use objectives are delineated in three categories:

(i)

Unacceptable development (X), which means that, even though otherwise permitted in the zoning classification of the parcel, the land use is prohibited as delineated by Table 656-4, below.

(ii)

Conditional new development (C), which means that, even though otherwise permitted in the zoning classification of the parcel, prior to commencement of the land use indicated, the use shall meet the guidelines set forth in the footnotes to Table 656-4, below.

(3)

Acceptable development (A), which means that the provisions of the appropriate zoning classification of the parcel shall apply as well as Airport Notice Zone Acknowledgement requirements.

Table 656-4

A—Acceptable development

X—Unacceptable development

C—Conditional development, with conditions as noted:

1

Recorded Airport Notice Zone Acknowledgement applied to the parcel.

2

Compatible development is conditioned on design and construction providing for an average minimum NLR of average minimum 30 dBA throughout the facility or dwelling. Average minimum NLR is applicable only to habitable portions of accessory structures.

3

Compatible development is conditioned on design and construction providing for an average minimum NLR of average minimum 25 dBA throughout the facility or dwelling.

4

Permitted only within height constraints.

5

Rooms/buildings for funeral services, prayer and meditation are not permitted.

6

Compatible development is conditioned on design and construction providing for an average minimum NLR of average minimum 30 dBA in the clubhouse or other interior meeting structure.

7

Maximum density two dwelling units per acre.

8

No passenger terminals and no major above ground transmission lines.

9

Structures shall be limited to 5,000 square feet of gross floor area and development is subject to the condition that meeting places, auditoriums and so forth for a gathering of more than 50 people are not permitted or built.

10

Small neighborhood retail stores are compatible but strip malls and shopping malls are not.

11

Schools are further limited by FS 333.

12

Operations which attract a large concentration of birds should be excluded.

13

Compatible development is conditioned on design and construction providing for a noise level reduction of average minimum 30 dBA in reception, office and employee lounge areas.

14

Compatible development is conditioned on design and construction providing for a noise level reduction of average minimum 25 dBA in reception, office and employee lounge areas.

15

Development permitted in Planned Unit Developments approved prior to the enactment date of this ordinance or pursuant to preliminary site development reviews in accordance with Section 656.1003 and uses or structures permitted pursuant to Section 656.1008 shall also be subject to footnote 1 and footnote 2 of this table.

16

Compatible development is conditioned on design and construction providing for an average minimum NLR of average minimum 35 dBA throughout the facility or dwelling. Average minimum NLR is applicable only to habitable portions of accessory structures.

17

New residential uses are limited to development number, density and intensity existing by right pursuant the zoning code and comprehensive plan as of March 27, 2007.

18

New subdivisions located partially or wholly within a >75 DNL and APZ-1 zones are subject to the conceptual site plan review process in 656.1005.2(f).

19

The Building Inspection Division will provide to the U.S. Navy copies of any building permit applications for properties located within a >75 DNL and/or APZ-1 zones.

20

Allowed only if use is scheduled with the Planning Department and the U.S. Navy to minimize conflicts and enhance safety.

(c)

Allowable development in Airport Height and Hazard zones (HH). Notwithstanding the zoning district regulations contained elsewhere in this Chapter, the allowable development on a parcel of land lying within an Airport Height and Hazard zone shall be modified as set forth by the regulations in this Section. Airport Height and Hazard zones exist around all military airports within the City limits of Jacksonville as defined in Section 656.1004(R). The horizontal limits of the zones and limitations on heights of obstructions within these zones are defined for each airport in NAVFAC P-80.3 01/82. The City of Jacksonville Planning and Development Department has GIS maps provided by the United States Navy showing the boundaries of the Airport Height and Hazard zones around each airport. In order to assure that NAVFAC P-80.3 01/82 guidelines are not exceeded and that no structure or obstruction is permitted that would raise a minimal obstruction clearance altitude, a minimum vectoring descent altitude or a decision height, all cell towers and any structure or obstruction in excess of the height limit above ground as depicted on the Zoning Atlas and the Airport Environs Maps, the City shall receive, in writing from the U.S. Navy, comment if the project is within an Airport Height or Hazard Zone. Although written documentation from the U.S. Navy or acceptable evidence that a parcel is not in a Height or Hazard Zone is not required for proposed structure heights below the listed height, Part 77 still applies.

(d)

Miscellaneous Use Regulations apply to the development within Miscellaneous Use Zones that may be a hazard to aircraft in flight. It shall be unlawful and a violation of the Zoning Code to establish, maintain or continue a use within the surface limits of the height and hazard zone in a manner as to interfere with the operation of airborne aircraft. By City action, development proposals for miscellaneous uses as listed below shall be forwarded to the US Military. The following special requirements shall apply to each use lawfully established in the zones:

(1)

Lights or illumination used in conjunction with street, 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 an airport or in the vicinity thereof as determined by the airport operator.

(2)

No operations of any type shall produce smoke, glare or other visual hazards within the limits of the zone that would adversely affect the safe flight of aircraft.

(3)

No operations of any type shall produce electronic interference with navigation signals or radio communication between the airport and aircraft within the limits of the zone.

(4)

In addition to the height limitations imposed by the height and hazard zone, no structure or obstruction will be permitted within the City that would cause a minimum vectoring altitude to be raised.

(5)

No use of land, including those resource production/extraction/open land uses addressed in Section 656.1005 as well as ponds, borrow pits, waste disposal and other facilities which store, handle or process organic or any other material that fosters or harbors the growth of insects, rodents, amphibians or other organisms as they result in significant bird population increases above the normal background should be permitted which encourages or attracts large concentrations of birds or waterfowl within the vicinity of an airport.

(6)

Within the Lighting Regulation Zone at Outlying Field Whitehouse, all artificial lighting equipment, including but not limited to flood lights and searchlights, whether temporary or permanent installations, shall have positive optical control so that no light is emitted above the horizontal plane. No building permit shall be granted in this zone unless this requirement is met. Development within the Lighting Regulation Zone at Outlying Field Whitehouse is subject to Airport Notice Zone Acknowledgements as required in Section 656.1010.

(e)

Allowable development in clear zones (CLZ). Notwithstanding the zoning district regulations contained elsewhere in this Chapter, the allowable development on a parcel of land lying within a clear zone shall be modified as set forth by the regulations in this Section. A clear zone exists adjacent to the end of all military airport runways within the City limits of Jacksonville. The horizontal limits of the zones for each runway have been defined based on United States Navy criteria (NAVFAC P-80.3 01/82). For aviation safety, the clear zone should be cleared, graded and free of above ground objects (except for airfield lighting). The City of Jacksonville Planning and Development Department has GIS maps provided by the United State Navy showing the boundaries of the clear zones adjacent to each airport runway. Prior to modifying the use of a parcel of land, the owner or developer must review the GIS maps to determine if the parcel is located in whole or in part in the clear zone. If the parcel is found to be in one of the clear zones, the City will notify the United States Navy office of Commanding Officer, Naval Air Station, Jacksonville must be notified in writing of the proposed changes to the use of the parcel. The U.S. Navy will then notify the City in writing of the compatibility of the use with the clear zone requirements.

(f)

New subdivisions located partially or wholly within a >75 DNL and APZ-1 zone.

(1)

New subdivisions located partially or wholly within a >75 DNL and APZ-1 area must provide the Planning and Development Department a conceptual site plan prior to preliminary civil plan review. The Director of the Planning and Development Department shall review the application for sufficiency, coordinate with the U.S. Navy and other government agencies and may request additional information. The U.S. Navy and the Planning and Development Department must provide comments to the applicant within 30 days of receipt of the submittal of a sufficient conceptual plan. During the 30-day period the City of Jacksonville, the U.S. Navy or other government agencies may request a meeting with the applicant to consider acquisition of property or development rights or a potential land exchange.

(2)

New subdivisions must cluster development in a manner so as to eliminate or minimize residential development in the >75 DNL and/or APZ-1 portion of the property and minimize exposure of residences to negative effects of proximity to the airport use.

(3)

Administrative deviations from subdivision regulations and reductions or waivers of lot development criteria (i.e. lot size, setbacks, road frontage) shall be authorized to accomplish the purpose set forth in subsection (f)(3) above through issuance of a final order by the Director, if it is determined that such reduction or waiver is not contrary to the limitations set forth in footnote 17 to Table 656-4.

(4)

Any final order issued pursuant to this subsection shall be appealable in the same manner as a Written Interpretation, pursuant to Section 656.109. For the purposes of appealing such deviations and waivers, affected parties shall include the U.S. Navy and other adversely affected governmental agencies.

(Ord. 2006-1225-E, § 1; Ord. 2008-258-E, § 1; Ord. 2019-691-E, § 1)

Notwithstanding the provisions of Section 656.1005, the owner of a structure over 200 feet above ground level shall install lighting on the structure in accordance with Federal Aviation Administration Advisory Circular 70-7460-1 Series and Amendments thereto. Additionally, high-intensity white obstruction lights shall be installed on a high structure that exceeds 500 feet above ground level. The high-intensity white obstruction lights must be in accordance with the Federal Aviation Administration Advisory Circular 70-7460-1E and amendments.

A permit or variance granted shall require the owner to mark and light the structure in accordance with Federal Aviation Administration Advisory Circular 70-7460-1 Series. The permit may be conditioned to permit the Jacksonville Aviation Authority, United States Navy or the City, at its own expense, to install, operate and maintain markers and lights necessary to indicate to pilots the presence of an airspace hazard if special conditions so warrant.

(Ord. 2006-1225-E, § 1)

As outlined in Table 656-2 and 656-4, design and construction providing minimum noise level reduction of average minimum 25, 30, or 35 dBA is required in some zones for some uses. The applicant shall provide a testing certificate from an accredited noise testing lab that a structure built pursuant to the proposed engineering plans will achieve a average minimum dBA reduction equal to or greater than the reduction required. In lieu of the required test, an applicant may submit an engineering judgment signed and sealed by an engineer licensed in the State of Florida, that in his/her opinion a structure built according to the submitted plans will meet the required noise reduction, or may use standards contained within Section 4, Appendix D or the computer program referenced in Section 1.4 representing an average minimum 30 dBA reduction within "Guidelines for Sound Insulation of Residences Exposed to Aircraft Operations", prepared for the Department of the Navy, by Wyle Research and Consulting, Arlington Virginia, April 2005, on file with the Office of Legislative Services. Notwithstanding the requirements contained in the Guidelines pertaining to doors and windows, the maximum required STC shall be 28.

(Ord. 2006-1225-E, § 1; Ord. 2008-258-E, § 1)

To the extent set forth herein, the restrictions on nonconforming uses and structures contained in Part 7 are modified or supplemented as follows:

(a)

The owner of a nonconforming structure shall allow the installation, operation and maintenance during hours of darkness of the markers and lights deemed necessary by the Aviation Authority office of Planning and Development or the United States Navy as appropriate to indicate to the operators of aircraft in the vicinity of the airport the presence of the structures or aircraft hazards. The markers and lights shall be installed, operated and maintained at the expense of the owners of the airport concerned.

(b)

The owner of a tree or other natural growth which exceeds the limitations on height as provided in the Zoning Code shall allow the Aviation Authority or United States Navy at its expense to make lower, remove or take other action necessary to bring the tree or growth into conformity with the Zoning Code.

(c)

A structure which is nonconforming by virtue of the regulations contained in this Part may be structurally altered, reconstructed or replaced, provided there is no increase in the floor area of the structure. However, the floor area of single-family dwellings may be increased, if the structural alteration, reconstruction or addition provides for the sound attenuation required by the airport noise zone within which the parcel is located (the sound attenuation requirement only applies to the new construction/addition).

(d)

Notwithstanding other provisions of this Part, a manufactured home park existing on March 18, 1985 may place a manufactured home not meeting the requirements of this Part within the park on each manufactured home space established as existing on March 18, 1985 by the Florida Department of Health, the City of Jacksonville Neighborhoods Department or the Planning and Development Department. The requirements contained in Section 656.1010 for execution of an Airport Notice Zone Acknowledgement shall also be met.

(e)

If any use other than a single family use becomes nonconforming by virtue of the regulations contained in this Part and ceases for any reason for a period of 12 consecutive months, the subsequent use other than a single family use shall conform to the regulations of this Part.

(Ord. 2006-1225-E, § 1; Ord. 2008-258-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)

Editor's note— Ord. 2019-691-E, § 1, amended the Code by repealing former § 656.1009, which pertained to educational facilities, and derived from Ord. 2006-1225-E, § 1.

Within Noise Zones A and B and the Airport Notice Zone, the following requirements apply:

(a)

For any proposed subdivision (as defined in Chapter 654, Ordinance Code) located all or partially within Noise Zones A and B and/or the Airport Notice Zone as defined in this Chapter, which proposed subdivision is required to meet the platting requirements set forth in Chapter 654, Ordinance Code, the plat for such subdivision shall include in a prominent place the following statement: "NOTICE: Individual lots may be located in an Airport Environ Zone and/or Air Installation Compatible Use Zone (AICUZ) and may be subject to increased noise or hazard levels associated with air traffic operations." Additionally, a separate note shall indicate which lots are located within Noise Zone A, B and/or the Airport Notice Zone, and such lots shall be annotated with a reference to the paragraph of the note which indicates in which noise zone such lot falls. Additionally, the covenants and restrictions for any subdivision subject to the provisions hereof shall contain the aforementioned statement and shall identify which lots within said subdivision are in Noise Zone A, B, and/or the Airport Notice Zone.

(b)

For any new proposed residential use within Noise Zones A and B and the Airport Notice Zone, an Airport Notice Zone Acknowledgement shall be executed by the owner of the property upon which a such proposed residential use is being constructed and shall be recorded in the public records of Duval County, Florida prior to issuance of building permits for multi-family uses or residential uses that are not subject to a final plat or subdivision.

(c)

For any non-residential, existing residential or newly constructed residential properties or structures as of the effective date of this ordinance, no person shall sell, or otherwise transfer, lease or offer to lease or offer to sell, or otherwise transfer a structure or land within Noise Zones A and B and/or an Airport Notice Zone as defined in this Chapter, unless the prospective transferee or lessee has been given an Airport Notice Zone Acknowledgement in writing, at the time of contract of sale, transfer, or lease, which Airport Notice Zone Acknowledgement shall be included in the contract of sale, transfer, or lease agreement for leases greater than three months. For conveyances evidenced by a recorded instrument, the Airport Notice Zone Acknowledgement shall be recorded simultaneously with the instrument that conveys the real property interest in the lands lying within the aforereferenced Noise and Airport Notice Zones. It shall be the responsibility of the buyer or lessee to perform all reasonable due diligence prior to entering into any contract to purchase or lease property within a Noise or Airport Notice Zone. Any person who knowingly violates the provisions of this Section shall be subject to an enforcement action by the City. Nothing in this Section shall affect the validity or enforceability of any sale, transfer, or lease or contract for the sale, transfer, or lease of any interest in real property, nor shall anything in this Section create a defect in the sale, transfer, or lease agreement. Lease transactions shall require an Airport Notice Zone Acknowledgement signed by two witnesses. Sales transactions shall require a fully executed and recorded Airport Notice Zone Acknowledgement. This subsection shall not apply to developers and sellers required to comply with the provisions contained in subsection 656.1010(a) of this Part.

(d)

No building permit subject to Planning Department review and approval will be issued within Noise Zones A and B and the Airport Notice Zone, as defined in this Chapter, unless the applicant provides a copy of a fully executed Airport Notice Zone Acknowledgement, to the Planning and Development Department. This subsection shall not apply to those parties required to comply with the provisions contained in subsections 656.1010(a), (b) or (c) of this Part.

(e)

If the geographic boundary of or regulations within any Noise Zone or APZ is modified, resulting in additional use restrictions on property, the Department shall notify all affected property owners of such boundary modification and the additional use restrictions resulting therefrom. Such notice shall be in the form of written notice by U.S. mail to each individual property owner set at least 14 days prior to the first public hearing on the proposed modification.

(Ord. 2006-1225-E, § 1; Ord. 2007-727-E, § 1; Ord. 2008-258-E, § 1)

No use shall be allowed in Noise Zones A and B that is not consistent with the Comprehensive Plan and Section 656.1005, and the density and intensity policies and regulations contained therein shall be reflected without variance in any Planned Unit Development. Further, the Planning and Development Department must make findings that the site plan and written description associated with a proposed Planned Unit Development meet all requirements of Part 10 and that they cluster development away from height and hazard zones, runway safety areas, runway protection zones, accident potential zones and clear zones.

(Ord. 2006-1225-E, § 1; Ord. 2007-727-E, § 2)

Planned Unit Developments (PUDs), Rezonings, Waivers, Exceptions and Variances located all or partially in Noise Zones A and B shall be referred to the JAA or the United States Navy for review. All PUDs, Waivers, Exceptions and Variances involving a change of use or intensification of residential use of land in Noise Zones A and B, shall show the boundaries of airport environs as they occur within Noise Zones A and B as of the current date on any required site plan, and the ordinance or final order approving such PUD, Waiver, Exception or Variance shall include the following condition: "All or a portion of this property may be located in an Airport Environ Zone and/or Air Installation Compatible Use Zone (AICUZ) and development in accordance with this ordinance or final order (as applicable) shall meet the requirements set forth in Part 10, Zoning Code."

(Ord. 2006-1225-E, § 1)

Editor's note— Ord. 2007-727-E, § 3, amended the Code by repealing former 656.1013 in its entirety. Former § 656.1013 pertained to the Airport Zoning Committee, and derived from Ord. 2006-1225-E, § 1.

There shall be created the Airport Noise Advisory Council, which shall be comprised of two residents of the City of Jacksonville appointed by the Mayor, two residents of the City of Jacksonville appointed by the Council President, and one representative from both the United States Department of the Navy and the Jacksonville Aviation Authority. The Council shall meet monthly or as determined by the Chair (which shall be elected by the members of the Council) to review airport noise issues and make recommendations to address them. The Council shall make recommendations to the JAA, the City or the Navy.

(Ord. 2006-1225-E, § 1)

Citizens and property owners located within the Airport Noise and Airport Notice Zones shall be made aware of the potential for objectionable noise impacts via the following methods: (a) Public notice of the existence of airport Noise and Airport Notice maps shall be published by the Jacksonville Planning and Development Department at least three times a year in a newspaper of general circulation as provided in the Laws of Florida, Ch. 96-193, or via such other advertisement or notice method as permitted by law (e.g., a publicly accessible website); and (b) Airport Environ, Airport Noise and Airport Notice maps shall be made available for inspection on the City's Website.

(Ord. 2006-1225-E, § 1; Ord. 2023-187-E, § 15)

An Airport Notice Zone Acknowledgement shall be created for use as described in this Part in substantially the form attached hereto and incorporated herein as Exhibit 1. The original Airport Notice Zone Acknowledgment for conveyances will be recorded in the official public records of Duval County, Florida, and copies shall be provided to the Jacksonville Planning and Development Department, JAA or the US Navy, as appropriate.

Exhibit 1. AIRPORT NOTICE ZONE ACKNOWLEDGMENT

Return to: Jacksonville Planning and Development Department

AIRPORT NOTICE ZONE ACKNOWLEDGMENT

The City of Jacksonville has determined that persons on the premises may be exposed to significant noise level and/or accident potentials or may be subject to special lighting regulations as a result of the airport operations. The City has established that, within its boundaries, there exist certain Airport Notice Zones as defined in Section 656.1004 (J). The City has also placed certain restrictions on the development, construction methods and use of property within airport environ areas. The property at (insert Real Estate Parcel # and address), which is more particularly described in the legal description (Exhibit A) attached hereto and made a part hereof, is located within the Airport Notice Zone of (insert name of airport).

CERTIFICATION (AS APPLICABLE)

As the owner/sellor/lessor (circle one) of the subject property, I hereby certify that I am aware that the property is located in an Airport Notice Zone. I have been advised to consult Part 10 of Chapter 656, Ordinance Code, concerning the restrictions that have been placed on the subject property. Additionally, I acknowledge that airport operations may change due to changes in type of aircraft operating, changes in flight paths and general operations of the airport, and changes resulting from expansion, reconfiguration or additional runways.

Dated this ___ day of ________ 20___.

STATE OF FLORIDA

COUNTY OF DUVAL

The foregoing instrument was acknowledged before me this _______ day of _______, 200___, by ___________ and _______. Such person(s): (notary must check applicable box)

□

is (are) personally known to me; or

□

produced a current ___________ driver's license as identification; or

□

produced ___________ as identification.

___________

___________

[print or type name]

Notary Public, State of Florida at Large

As the purchaser/lessor of the subject property, I hereby certify that I am aware that the property is located in an Airport Notice Zone. I have been advised to consult Part 10 of Chapter 656, Ordinance Code, concerning the restrictions that have been placed on the subject property.

Dated this ___ day of ________20___.

The foregoing instrument was acknowledged before me this _______ day of _______, 200___, by ___________ and _______Such person(s): (notary must check applicable box)

□

is (are) personally known to me; or

□

produced a current ________ driver's license as identification; or

□

produced ___________ as identification.

Copies will be recorded at the Duval County Clerk of Court, and filed with the Jacksonville Planning and Development Department, and will be provided to JAA or the US Navy, as appropriate.

(Ord. 2006-1225-E, § 1; Ord. 2007-727-E, § 4; Ord. 2008-258-E, § 1)

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