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

Accident potential hazard area or accident potential area means an area within 5,000 feet of the approach or departure end of a runway or in proximity to an airport which aircraft may maneuver after takeoff or before landing and are subject to the greatest potential to crash into a structure or the ground.

Airport means the Williston Municipal Airport.

Airport obstruction means any structure or object of natural growth or use of land which would exceed the federal obstruction standards as contained in 14 CFR Part 77, Subpart C, or which obstructs the airspace required for flight of aircraft in landing and takeoff at an airport or is otherwise hazardous to such landing or takeoff of aircraft.

Landing area or takeoff area means the area of an airport used for landing, taking-off or taxing of aircraft.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929, or North American Vertical Datum (NAVD) of 1988.

Minimum descent altitude means the lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circling-to-land maneuvering in execution of a standard instrument approach procedure where no electronic glide slope is provided.

Minimum obstruction clearance altitude means the specified altitude in effect between radio fixes on VOR airways, off-airway routes, or route segments which meet obstruction clearance requirements for the entire route segment and which ensures acceptable navigational signal coverage only within 22 miles of a VOR.

Nonconforming use means any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this chapter, or amendments thereto.

Nonprecision instrument runway means a runway having a nonprecision instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on a Federal Aviation Administration planning document or military service military airport planning document.

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

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

Utility runway means a runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight or less.

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on a Federal Aviation Administration approved airport layout plan, a military service approved military airport layout plan, or by any planning document submitted to the Federal Aviation Administration by competent authority.

(Ord. No. 2022-13, § 1, 6-21-2022; Ord. No. 2023-5, § 1, 3-21-2023)

(a)

This division is adopted pursuant to the authority conferred by F.S. § 333.03. It is hereby found that an airport obstruction has the potential for being hazardous to aircraft operations as well as the persons and property on the ground in the vicinity of the obstruction, and in effect reduces the size of areas available for the landing, taking off and maneuvering of aircraft, thus, tending to destroy or impair the utility of the Williston Municipal Airport near Williston, Florida, and the public investment therein. Accordingly, it is declared that:

(1)

The creation or establishment of an airport obstruction is a public nuisance and an injury to the region served by the Williston Municipal Airport;

(2)

It is necessary in the interest of the public health, safety, and general welfare that the creation of airport obstructions and structures be prevented;

(3)

It is necessary in the interest of the public health and general welfare that the establishment of incompatible land uses be prevented in the areas defined as the CNR 100 contour (ASDS 85 dBA) noise area and/or the accident potential hazard area; and

(4)

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

(b)

It is further declared that both the prevention and the creation or establishment of airport obstructions, structures and incompatible land uses and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which the political subdivision may raise and expend public funds and acquire land or interests in land.

(Ord. No. 77-3, § I, 9-29-1977)

(a)

In order to carry out the provisions of this division, 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 a particular airport. Such zones are shown on the airport zoning map which is attached to this division and made a part hereof. An 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 various zones are hereby established and defined as provided in this section.

(b)

Public civil airport height zones and limitations shall be as follows:

(1)

Primary zone: An area longitudinally centered on a runway extending 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 is as follows:

Runway 05/23; 250 feet for utility runways having only visual approaches.

The width of the primary zone of a runway will be that width prescribed in this section for the most precise approach existing or planned for either end of that runway. No structure or obstruction will be permitted within the primary zone, that is not part of the landing and takeoff facilities and is of a greater height than the nearest point on the runway centerline.

(2)

Horizontal zone: The area around each civil 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 airport's runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is as follows:

Runway 05/23; 5,000 feet for all runways designated as utility or visual.

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 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded on the construction of the perimeter of the horizontal zone. No structure or obstruction will be permitted in the horizontal zone that has a height greater than 150 feet above the airport height.

(3)

Conical zone: The area extending outward from the periphery of the horizontal zone for a distance of 4,000 feet. Height limitations for structures in the conical zone are 150 feet above airport height at the inner boundary with permitted height increasing one foot vertically for every 20 feet of horizontal distance measured outward from the inner boundary to a height of 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:

Runway 05/23; 1,250 feet for that end of a utility runway with only visual approaches.

b.

The approach surface extends for a horizontal distance of:

Runway 05/23; 5,000 feet for all utility and visual runways.

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 limitation within the approach zones is the same as the runway end height at the inner edge and increases with horizontal distance outward from the inner edge as follows:

Runway 05/23; permitted height increases one foot vertically for every 20 feet horizontal distance for all utility and visual runways.

(5)

Transitional zone: The area extending outward from the sides of the primary zones and approach zones connecting then 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 foot vertically for every seven 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 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 subsections (b)(1)—(5) of this section, no structure or obstruction will be permitted within the county or the City of Williston, that would cause a minimum obstruction clearance altitude, a minimum descent altitude or a decision height to be raised.

(7)

Height limitations.

a.

No existing use, structure or tree (or extension, expansion or growth thereof) may encroach into any portion of the approach zones, horizontal zones or conical zones. Where any use, structure or tree encroached into such zones at the time it was approved as a special exception by the board of county commissioners prior to September 29, 1977, such use, structure or tree shall be considered nonconforming, but in no way is it allowed to further encroach into such zones.

b.

The transitional zone maybe altered in order to comply with Federal Emergency Management Agency requirements for flood elevation of manmade structures; provided, however, that such structures shall be located at the maximum perpendicular distance away from the runway as determined by limiting geographical features.

(Ord. No. 77-3, § IV, 9-29-1977; Ord. No. 2023-9, § 7, 12-5-2023)

(a)

Use restrictions. Notwithstanding any other provision of this division, no use may be made of land or water within any zones established by this division in such a manner as to interfere with the operation of an airborne aircraft. The following special requirements shall apply:

(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 a public airport or in vicinity thereof.

(2)

No operations from any type shall produce smoke, glare or other visual hazards within three statute miles of any usable runway of a public airport.

(3)

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

(4)

The following use of land within the accident potential hazard area is prohibited: multi-family dwellings, 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. In addition, single-family dwellings are limited to one dwelling unit per acre, or to the density depicted on the Williston Municipal Services District Map, whichever is the more restrictive.

(b)

Lighting. Notwithstanding the provisions of subsection (a) of this section, the owner of any structure over 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 high structure which exceeds 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)

Variances. 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 division, may apply to the board of adjustment for a variance from such regulations. No application for variance to the requirements of this division may be considered by the board of adjustment unless a copy of the application has been furnished to the appropriate zoning administrator of either the county or Williston Airport Authority.

(d)

Hazard marking and lighting. Any permit or variance granted shall require the owner to mark and light the structure in accordance with Federal Aviation Administration Advisory Circular 70-7460-1D or subsequent revisions. The permit may be conditioned to permit the county or the City of Williston, 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)

Airport noise zones. 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 routes for the Williston Municipal Airport and is subject to noise that may be objectionable."

(Ord. No. 77-3, § V, 9-29-1977; Ord. No. 2023-9, § 7, 12-5-2023)

It shall be the duty of the zoning administrator to administer and enforce the regulations prescribed in this division within the unincorporated area of the county. In the event of any violation of the regulations contained in this division, the person responsible for such violation may be cited or noticed by a code enforcement officer pursuant to chapter 2, article V of this Code.

(Ord. No. 77-3, § VI, 9-29-1977; Ord. No. 2023-9, § 7, 12-5-2023)

Cross reference— Administration, ch. 2.

(a)

The board of county commissioners shall have and will exercise the power to hear and decide special exceptions to the terms of this division relating to areas within the territorial limit of its authority, after recommendation by the planning commission, and in accordance with all other provisions of this chapter governing special exceptions. The Williston Board of Adjustment shall have and will exercise the power to hear and decide special exceptions to the terms of this division relating to areas within the territorial limit of its authority. The county board of adjustment or the Williston Board of Adjustment, as applicable, shall have and will exercise the following powers on matters relating to areas within the territorial limit of their respective authority:

(1)

To hear and decide appeals from any order, requirement, decision, or determination made by the zoning administrator in the enforcement of this division; and

(2)

To hear and decide specific variances.

(b)

The board of adjustment shall adopt rules for its governance in harmony with the provisions of this division. 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 appropriate county or city clerk.

(c)

The board of adjustment shall make written findings of facts 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 division.

(d)

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 zoning administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this division, or to effect variation of this division.

(Ord. No. 77-3, § VII, 9-29-1977; Ord. No. 05-01, § 2, 5-17-2005)

Cross reference— Administration, ch. 2.

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

(a)

Any person aggrieved, or any taxpayer affected, by any decision of the zoning administrator made in the administration of this division may appeal to the board of adjustment.

(b)

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

(c)

An appeal shall stay all proceedings in furtherance of the action appealed unless the zoning administrator certifies to the board of adjustment, after the notice of appeal has been filed, that by reason of the facts stated in the certificate, a stay would 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 zoning administrator and after due cause is shown.

(d)

The board of adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the interested parties and render a decision within a reasonable time. During the hearing, any party may appear in person, by agent or by attorney.

(e)

The board of adjustment may, in conformity with the provisions of this division, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination, as may be appropriate under the circumstances.

(Ord. No. 77-3, § VIII, 9-29-1977)

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

(Ord. No. 77-3, § IX, 9-29-1977)

Each violation of this division or of any regulation, order, or ruling promulgated under this division shall constitute an offense.

(Ord. No. 77-3, § X, 9-29-1977)