Defined terms contained in this section are provided in section 2-4 of this Code.

(Code 1967, § 25-29; Ord. No. 2019-07, § 2, 5-9-2019)

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

Section 4-156 et seq. shall be known and may be cited as the "City of LaBelle Airport Zoning Ordinance."

(Code 1967, § 25-28)

It shall be the duty of the zoning administrator to administer and enforce the regulations prescribed herein within the territorial limits over which the political subdivision has zoning authority. In the event of any violation of the regulations contained herein, the person responsible for such violation shall be given notice in writing by the zoning administrator. Such notice shall indicate the nature of the violation and the necessary action to correct or abate the violation. A copy of the notice shall be sent to the city commission.

(Code 1967, § 25-32)

In order to carry out the provisions of this Article, there are hereby created and established certain zones which include all of the land lying beneath the approach, transitional, horizontal and conical surfaces as they apply to the LaBelle Airport. Such zones are shown on the zoning map attached to this article and made a part hereof. An area located in more than one (1) of the described zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

(1)

Primary zone: An area longitudinally centered on a runway extending two hundred (200) feet beyond each end of that runway with the width so specified for each runway for the most precise approach existing or planned for either end of the runway. No structure or obstruction will be permitted within the primary zone that is not part of the landing and takeoff area and is of a greater height than the nearest point on the runway centerline. The width of the primary zone at the LaBelle Airport for utility runway 04/22 is two hundred fifty (250) feet and for runway 13/31 is five hundred (500) feet.

(2)

Horizontal zone: The area around the LaBelle Airport with an outer boundary the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary zone of each runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc at the LaBelle Airport is five thousand (5,000) feet for runway 04/22 and ten thousand (10,000) feet for runway 13/31. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest composite value determined for either end of the runway. When a five-thousand-foot arc is encompassed by tangents connecting two (2) adjacent ten-thousand-foot arcs, the five-thousand-foot arc shall be disregarded on the construction of a perimeter of the horizontal zone. No structure or obstruction will be permitted in the horizontal zone that has a height greater than one hundred fifty (150) feet above the airport heights.

(3)

Conical zone: The area extending outward from the periphery of the horizontal zone for a distance of four thousand (4,000) feet. Height limitations for structures in the conical zone are one hundred fifty (150) feet above airport height at the inner boundary with permitted height increasing one (1) foot vertically for every twenty (20) feet of horizontal distance measured outward from the inner boundary to a height of three hundred fifty (350) feet above airport height at the outer boundary.

(4)

Approach zone: An area longitudinally centered on the extended runway centerline and extending outward from each end of the primary surface. An approach zone is designated for each runway based upon the type of approach available or planned for that runway end.

a.

The inner edge of the approach zone is the same width as the primary zone and it expands uniformly to a width of one thousand two hundred fifty (1,250) feet for runway 04/22 and three thousand five hundred (3,500) feet for runway 13/31;

b.

The approach surface extends for a horizontal distance of five thousand (5,000) feet for runway 04/22 and ten thousand (10,000) feet for runway 13/31.

c.

The outer width of an approach zone to an end of a runway will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end;

d.

Permitted height limitations within the approach zone are the same as the runway end height at the inner edge and increases with horizontal distance outward from the inner edge. For runway 04/22 the permitted height increases one (1) foot vertically for every twenty (20) feet of horizontal distance outward. For runway 13/31 the permitted height increases one (1) foot vertically for every thirty-four (34) feet of horizontal distance outward.

(5)

Transitional zone: The area extending outward from the sides of the primary zones and approach zones connecting them to the horizontal zone. Height limits within the transitional zone are the same as the primary zone or approach zone at the boundary line where it adjoins and increases 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 centerline, until the height matches the height of the horizontal zone or conical zone or for a horizontal distance of five thousand (5,000) feet from the side of the part of the precision approach zone that extends beyond the conical zone.

(6)

Other areas: In addition to the height limitations imposed in paragraphs (1) through (5) above, no structure or obstruction will be permitted within the city that would cause a minimum obstruction clearance altitude, a minimum decent altitude or a decision height to be raised.

(Code 1967, § 25-30)

(a)

No use may be made of land or water within any zones established by this article in such a manner as to interfere with the operation of an airborne aircraft. The following special requirements shall apply to each permitted use:

(1)

All 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 the LaBelle Airport or in vicinity thereof.

(2)

No operations of any type shall produce smoke, glare or other visual hazards within three (3) statute miles of any usable runway of LaBelle Airport.

(3)

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

(4)

Use of land within the accident potential hazard area shall prohibit high density residential use consisting of fifty (50) units or more per acre, schools, hospitals, storage of explosive material, assemblage of large groups of people or any other use that could produce a major catastrophe as a result of an aircraft crash.

(b)

Notwithstanding the preceding provisions of this section, the owner of any structure over two hundred (200) feet above ground level shall install lighting in accordance with Federal Aviation Administration Advisory Circular 70-7460-1D and amendments thereto on such structure. Additionally, high-intensity white obstruction lights shall be installed on a structure which exceeds seven hundred forty-nine (749) feet above mean sea level. The high-intensity white obstruction lights must be in accordance with Federal Aviation Administration Advisory Circular 70-7460-1D and amendments.

(c)

Any person desiring to erect or increase the height of any structures, or use his property not in accordance with the regulations prescribed in this article, may apply to the city for a variance from such regulations. The variance procedure to be used is set forth in section 4-42.

(d)

Any permit or variance granted shall require the owner to mark and light the structure in accordance with FAA Advisory Circular 70-8460-1D or subsequent revisions. The permit may be conditioned to permit city of LaBelle at its own expense to install, operate and maintain such markers and lights as may be necessary to indicate to pilots the presence of an airspace hazard if special conditions so warrant.

(e)

No person shall sell, lease or offer to sell or lease any land within the airport noise zone (100 CNR 85 dBA contour) unless the prospective buyer or lessee has been given the following notice in writing:

"Noise Warning—this land lies beneath the aircraft approach and departure route for the LaBelle Airport and is subject to noise that may be objectionable."

(Code 1967, § 25-31)

All nonconforming uses and structures shall be governed by section 4-106 et seq. of this code.

(Code 1967, § 25-33)

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

(Code 1967, § 25-34)

Any person convicted of violating the terms of the city of LaBelle Airport Zoning Ordinance (this article) shall be punished in accordance with section 4-5 of this code.

(Code 1967, § 25-35)