This chapter shall be known and may be cited as "Leesburg Municipal Airport Zoning Ordinance".

(Code 1953, § 4A-1)

As used in this chapter, unless the context otherwise requires:

Airport shall mean the Leesburg Municipal Airport.

Airport elevation shall mean the established elevation of the highest point on the usable landing area.

Airport hazard shall mean any structure, tree or use of land which obstructs the airspace required for or is otherwise hazardous to the flight of aircraft in landing or taking off at the airport.

Airport reference point means the point established as the approximate geographic center of the airport landing area and so designated.

Board of adjustment shall mean a board consisting of five (5) members appointed by the City of Leesburg and Lake County, Florida, as provided in Chapter 333 of the Florida Statutes.

Height, for the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

Instrument runway shall mean a runway equipped or to be equipped with electronic or visual air navigation aids adequate to permit the landing of aircraft under restricted visibility conditions.

Landing area shall mean the area of the airport used for the landing, take-off or taxiing of aircraft.

Nonconforming use shall mean any structure, tree, or use of land which is lawfully in existence at the time the regulation is prescribed in this chapter or an amendment thereto becomes effective and does not then meet the requirements of said regulation.

Noninstrument runway shall mean a runway other than an instrument runway.

Runway shall mean the paved surface of an airport landing strip.

Structure shall mean an object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and over-head transmission lines.

Tree shall mean any object of natural growth.

(Code 1953, § 4A-2)

State Law reference— Definitions—Airport zoning, F.S. § 333.01.

Each violation of this article or of any regulation, order, or ruling promulgated under this article shall constitute a misdemeanor and be punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than six (6) months, or both such fine and imprisonment, and each day a violation continues to exist shall constitute a separate offense.

(Code 1953, § 4A-12)

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, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Code 1953, § 4A-13)

State Law reference— Similar provision—Conflicts, F.S. § 333.04(2).

It shall be the duty of the airport manager and the building inspector of the city to administer and enforce the regulations prescribed in this article. Applications for permits and variances shall be made to the airport manager upon a form furnished by him. Applications required by this article shall be submitted to the building inspector. The airport manager shall promptly consider and grant or deny the applications. Applications for action by the board of adjustment shall be forthwith transmitted by the city manager.

(Code 1953, § 4A-8)

(a)

Created; powers. There is hereby created a board of adjustment to have and exercise the following powers:

(1)

To hear and decide appeals from any order, requirement, decision, or determination made by the airport zoning commission on the enforcement of this article;

(2)

To hear and decide special exceptions to the terms of this article upon which such board of adjustment under such regulations may be required to pass;

(3)

To hear and decide specific variances.

(b)

Composition; terms; removing. The board of adjustment shall consist of five (5) members appointed by the city and county, and each shall serve for a term of three (3) years and until his successor is duly appointed and qualified. Of the members first appointed one (1) shall be appointed for a term of one (1) year, two (2) for a term of two (2) years and two (2) for a term of three (3) years. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing.

(c)

Rules of procedure; meetings; oaths; hearings public; records of proceedings. The board of adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this article. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment shall be public. The board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the city manager and shall be a public record.

(d)

Findings of fact and legal conclusions. The board of adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this article.

(e)

Vote necessary to take action. The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the airport zoning commission or to decide in favor of the applicant on any matter upon which it is required to pass under this article, or to effect any variation in this article.

(Code 1953, § 4A-9)

Cross reference— Commissions, boards, agencies, etc., § 2-51 et seq.

State Law reference— Similar provisions—Board of adjustment, F.S. § 333.10.

(a)

Who may make appeal. Any person aggrieved, or any taxpayer affected, by any decision of the airport zoning commission made in its administration of this article, if of the opinion that a decision of the airport zoning commission is an improper application of these regulations, may appeal to the board of adjustment.

(b)

Notice of appeal. All appeals under this article must be taken within a reasonable time as provided by the rules of the board of adjustment, by filing with the airport zoning commission a notice of appeal specifying the grounds thereof. The airport zoning commission shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.

(c)

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the airport zoning commission certifies to the board of adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the board of adjustment on notice to the agency from which the appeal is taken and on due cause shown.

(d)

Notice and time for hearings; appearance of parties. The board of adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

(e)

Authority of board to reverse, etc. The board of adjustment may, in conformity with the provisions of this article, reverse or affirm, in whole or in part, or modify the order requirement, decision or determination appealed from and may make such order, requirement, decision, or determination, as may be appropriate under the circumstances.

(Code 1953, § 4A-10)

State Law reference— Similar provision—Appeals, F.S. § 333.08.

Any person aggrieved, or any taxpayer affected, by any decision of the board of adjustment, may appeal to the circuit court of the county as provided in F.S. section 333.11.

(Code 1953, § 4A-11)

State Law reference— Judicial review, F.S. § 333.11.

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 within the instrument approach zones, noninstrument approach zones, transition zones, horizontal zone and conical zone. Such areas and zones are shown on the municipal airport zoning map, consisting of Sheet Z-1, prepared by Reynolds, Smith and Hills, Architects and Engineers, Jacksonville, Florida, and dated January 30, 1962, which is on file in the city clerk-finance director's office and made a part hereof. The various zones are hereby established and defined as follows:

(1)

Instrument approach zone. An instrument approach zone is established at each end of the instrument runway for instrument landings and take-offs. The instrument approach zones shall have a width of one thousand (1,000) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of sixteen thousand (16,000) feet at a distance of fifty thousand two hundred (50,200) feet beyond each end of the runway, its center line being the continuation of the centerline of the runway.

(2)

Noninstrument approach zone. A noninstrument approach zone is established at each end of all noninstrument runways on the municipal airport for noninstrument landing and take-offs. The noninstrument approach zone shall have a width of five hundred (500) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of one thousand seven hundred (1,700) feet at a distance of ten thousand two hundred (10,200) feet beyond each end of the runway, its center line being the continuation of the center line of the runway.

(3)

Transition zones. Transition zones are hereby established adjacent to each instrument and noninstrument runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of the runways, have variable widths as shown on the zoning map. Transition zones extend outward from a line two hundred fifty (250) feet on either side of the center line of the noninstrument runway, for the length of such runway plus two hundred (200) feet on each end; and five hundred (500) feet on either side of the center line of the instrument runway, for the length of such runway plus two hundred (200) feet on each end, and are parallel and level with such runway center lines. The transition zones along such runways slope upward and outward one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to both instrument and noninstrument approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the zoning map. Such transition zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one (1) foot vertically for each seven (7) feet horizontally to the points where they intersect the surfaces of the horizontal and conical zones. Additionally, transition zones are established adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, extending a distance of five thousand (5,000) feet measured horizontally from the edge of the instrument approach zone at right angles to the continuation of the center line of the runway.

(4)

Horizontal zone. A horizontal zone is hereby established as the area within a circle with its center at the airport reference point and having a radius of ten thousand (10,000) feet. The horizontal zone does not include the instrument and noninstrument approach zones and the transition zones.

(5)

Conical zone. A conical zone is hereby established commencing at the periphery of the horizontal zone and extending to a distance of fifteen thousand (15,000) feet from the airport reference point. The conical zone does not include the instrument and noninstrument approach zones and transition zones.

(Code 1953, § 4A-3)

(a)

Except as otherwise provided in this article, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this chapter to a height in excess of the height limit established in this section for such zone. Such height limitations are computed from the established airport elevation and are hereby established for each of the zones in question as follows:

(1)

Instrument approach zone. One (1) foot in height for each fifty (50) feet in horizontal distance beginning at a point two hundred (200) feet from the end of the instrument runway and extending to a distance of ten thousand two hundred (10,200) feet from the end of the runway; thence one (1) foot in height for each forty (40) feet in horizontal distance to a point fifty thousand two hundred (50,200) feet from the end of the runway;

(2)

Noninstrument approach zone. One (1) foot in height for each forty (40) feet in horizontal distance beginning at a point two hundred (200) feet from the end of the noninstrument runway and extending to a point ten thousand two hundred (10,200) feet from the end of the runway;

(3)

Transition zones. One (1) foot in height for each seven (7) feet in horizontal distance beginning at a point two hundred fifty (250) feet from the center line of noninstrument runways and five hundred (500) feet from the center line of the instrument runway, measured at right angles to the longitudinal center line of the runway, extending upward to a maximum height of two hundred fifty (250) feet above the established airport elevation which is seventy-five (75) feet above mean sea level. In addition to the foregoing, there are established height limits of one (1) foot vertical height for each seven (7) feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal and conical surfaces. Further, where the instrument approach zones project through and beyond the conical zone, a height limit of one (1) foot for each seven (7) feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of five thousand (5,000) feet from the edge of the instrument approach zone measured at right angles to the continuation of the center line of the runway;

(4)

Horizontal zone. One hundred fifty (150) feet above the established airport elevation or a maximum height of two hundred twenty-five (225) feet above mean sea level elevation;

(5)

Conical zone. One (1) foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of four hundred (400) feet above the airport elevation;

(6)

Generally. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

(b)

Nothing in this article shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to forty-five (45) feet above the surface of the land.

(Code 1953, § 4A-4)

Notwithstanding any other provisions of this article, no use may be made of land within any zone established by this article in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking-off, or maneuvering of aircraft.

(Code 1953, § 4A-5)

(a)

The regulations prescribed by this article shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of February 26, 1962 or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to February 26, 1962, and is diligently prosecuted.

(b)

Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the airport manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the city.

(Code 1953, § 4A-6)

State Law reference— Nonconforming uses, F.S. § 333.06(2).

(a)

Future uses. Except as specifically provided in this subsection (a), no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created, unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations prescribed in this article. If such determination is in the affirmative, the permit shall be granted.

In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required or any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when because of terrain, land contour or topographic features such tree or structure would extend above the height limits prescribed for such zone.

In the areas lying within the limits of the instrument and noninstrument approach zones but at a horizontal distance of not less than four thousand two hundred (4,200) feet from each end of the runways, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such instrument or noninstrument approach zone.

In the areas lying within the limits of the transition zones, beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground except when such tree or structure, because of terrain, land contour or topographic features would extend above the height limit prescribed for such transition zones.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any height limits established by this article except as set forth in section 25-222.

(b)

Existing uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation, than it was on February 26, 1962 or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

(c)

Nonconforming uses abandoned or destroyed. Whenever the airport manager or the city manager of the city determines than a nonconforming structure or tree has been abandoned or more than eighty (80) percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

(d)

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property, not in accordance with the regulations prescribed in this article, may apply to the board of adjustment for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this article.

(e)

Hazard marking and lighting. Any permit or variance granted may if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the city at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

(Code 1953, § 4A-7)

State Law reference— Similar provision—permits and variances, F.S. § 333.07