This ordinance shall be known and may be cited as the "Melbourne International Airport Zoning Ordinance."

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

(a)

Airport means the Melbourne International Airport, Melbourne, Florida.

(b)

Airport elevation: The highest point of an airport's usable landing area measured in feet from mean sea level as set forth on an airport hazard zoning map attached to this regulation.

(c)

Airport hazard: Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.

(d)

Structure: An object constructed or installed by man, including, but without limitation to, buildings, towers, smokestacks, earth formation and overhead transmission lines.

(e)

Tree: Any object of natural growth.

(f)

Nonconforming use: Any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this regulation or an amendment thereto.

(g)

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

(h)

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

(i)

Visual runway: 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 (FAA) approved airport layout plan or by any planning document submitted to the FAA by competent authority.

(j)

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

(k)

Nonprecision instrument runway: A runway having an existing instrument approach procedure which has been approved or planned and for which no precision approach facilities are planned or indicated on an FAA planning document or military service's military airport planning document.

(l)

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

(m)

Primary surface: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway, but when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be 250 feet for utility runways having only visual approaches and 1,000 feet for a precision instrument runway and for a nonprecision instrument runway having a nonprecision instrument approach with visibility minimums as low as three-fourths of a statute mile.

(n)

Heliport primary surface: The area of the primary surface coincides in size and shape with the designated landing and takeoff area of a heliport (runway). This surface is a horizontal plane at the elevation of the established heliport elevation.

(o)

STOL primary surface: An imaginary plane, 300 feet wide, centered on the runway. Its length extends 100 feet beyond each runway end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.

(p)

Approach, transitional, horizontal and conical zones: These zones apply to the area and airspace under the approach, transitional, horizontal and conical surfaces as hereinafter defined.

(q)

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

(r)

Minimum en route altitude: The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.

(s)

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

(t)

Decision height: The height at which a decision must be made, during an ILS instrument approach, either to continue the approach or to execute a missed approach.

In order to outline definitely the horizontal and vertical limits beyond which the projection of any structure or tree will constitute an airport hazard, the airport zoning map, dated July, 1975, of the Melbourne Regional Airport, City of Melbourne, Florida, prepared by Bristol Childs and Crowder Associates, attached hereto but not reproduced herein, is hereby incorporated into this ordinance and made a part thereof. The established elevation of the airport is 33 feet as shown by said Melbourne Regional Airport Zoning Map.

In order to carry out the provisions of this regulation, there are hereby created and established certain zones which include all of the land and airspace lying within the approach zone, transitional zones, horizontal zones and conical zones as they apply to a particular airport. Such zones are shown on the airport hazard zoning maps which are attached to this regulation and made a part hereof or may hereafter be adopted for attachment. Airport hazard zoning maps are on file in the office of the Melbourne city clerk. An area located in more than one of the following 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:

(a)

Utility runway visual approach zone: This zone underlies an approach surface, the inner edge of which is 250 feet wide and coincides with the end of the primary surface. It expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet measured along the extended center line of the runway. The approach surface slopes upward from the inner edge at the rate of 20 feet horizontally for each foot vertically.

(b)

Utility runway nonprecision instrument approach zone: This zone underlies an approach surface, the inner edge of which is 500 feet wide and coincides with the end of the primary surface. It expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet measured along the extended center line of the runway. The approach surface slopes upward from the inner edge at the rate of 20 feet horizontally for each foot vertically.

(c)

Runway larger than utility visual approach zone. This zone underlies an approach surface, the inner edge of which is 500 feet wide and coincides with the end of the primary surface. It expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet measured along the extended center line of the runway. The approach surface slopes upward from the inner edge at the rate of 20 feet horizontally for each foot vertically.

(d)

Runway larger than utility with a visibility minimum greater than three-fourths mile nonprecision instrument approach zone: This zone underlies an approach surface, the inner edge of which is 500 feet wide and coincides with the end of the primary surface. It expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet measured along the extended center line of the runway. The approach surface slopes upward from the inner edge at the rate of 34 feet horizontally for each foot vertically.

(e)

Runway larger than utility with a visibility minimum as low as three-fourths mile nonprecision instrument approach zone: This zone underlies an approach surface, the inner edge of which is 1,000 feet wide and coincides with the end of the primary surface. It expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet measured along the extended center line of the runway. The approach surface slopes upward from the inner edge at the rate of 34 feet horizontally for each foot vertically.

(f)

Precision instrument runway approach zone: This zone underlies an approach surface, the inner edge of which is 1,000 feet wide and coincides with the end of the primary surface. It expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet measured along the extended center line of the runway. The approach surface slopes upward from the inner edge at the rate of 50 feet horizontally for each foot vertically for a horizontal distance of 10,000 feet and thence 40 feet horizontally to each foot vertically for the remaining length of the control zone.

(g)

Heliport visual flight rules (VFR) approach zone: This zone underlies an approach surface, the inner edge of which coincides with the width of the primary surface. It expands outward to a width of 500 feet at a horizontal distance of 4,000 feet measured along the extended center line of the primary surface. The approach surface slopes upward from the inner edge at the rate of eight feet horizontally for each foot vertically.

(h)

Heliport instrument flight rules (IFR) approach zone: This zone underlies an approach surface, the inner edge of which is 300 feet wide and coincides with the width of the primary surface. It expands outward to a width of 3,400 feet at a horizontal distance of 10,000 feet measured along the extended center line of the primary surface. The approach surface slopes upward from the inner edge at the rate of 15 feet horizontally for each foot vertically.

(i)

STOL precision instrument approach zone: This zone underlies an approach surface, the inner edge of which is 300 feet wide and coincides with the width of the primary surface. It expands outward to a width of 3,400 feet at a horizontal distance of 10,000 feet measured along the extended center line of the primary surface. The approach surface slopes upward from the inner edge at the rate of 15 feet horizontally for each foot vertically.

(j)

Transitional zones: These zones underlie the transitional surfaces which extend outward and upward at 90-degree angles to the runway center line and center line extended at a slope seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Where the precision runway approach surface projects beyond the limits of the conical surface, the transitional surface shall continue upward and outward from the approach surface at the rate of seven feet horizontally from one foot vertically for a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway center line.

(k)

Heliport VFR transitional zones: These zones underlie transitional surfaces which slope upward and outward two feet vertically for each foot horizontally beginning at the sides of the primary surface and the approach surfaces, and extending to a distance of 250 feet measured horizontally from and at 90 degrees to the primary surface center line and extended center line.

(l)

Heliport IFR transitional zones: These zones underlie transitional surfaces which slope upward and outward four feet vertically for each foot horizontally beginning at the sides of the primary surface and the approach surfaces, and extending a distance of 350 feet measured horizontally from and at 90 degrees to the primary surface center line and extended center line.

(m)

STOL precision instrument transitional zones: These zones underlie the transitional surfaces which begin at the sides of the primary surface and slope upward and outward four feet horizontally and one foot vertically for a horizontal distance of 400 feet and slope upward and outward four feet horizontally for each foot vertically from the sides of the approach zones a variable horizontal distance of 400 feet at the primary surface end to zero feet at a horizontal distance of 1,500 feet measured outward along the extended primary surface center line.

(n)

Horizontal zone: This zone underlies a horizontal surface having an elevation of 150 feet above the airport elevation. The horizontal dimensions of the surface are established by swinging arcs of 5,000 feet (for all runways designated as utility or visual) or 10,000 feet (for all others) radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

(o)

Conical zone: This zone underlies a conical surface which commences at the periphery of the horizontal zone and extends upward and outward 20 feet horizontally for each foot vertically for a distance of 4,000 feet.

(a)

Except as otherwise provided in this regulation, no structure or tree shall be erected, altered, allowed to grow or be maintained in any zone created by this regulation to a height in excess of the applicable height established for such zone.

(b)

In addition to the height limitations within the aforesaid zones no structure shall be erected to a height of 200 feet above the airport elevation within three nautical miles of such airport, a height of 300 feet within four nautical miles, a height of 400 feet within five nautical miles of such airport, or elsewhere at a height of 500 feet above the ground at the site of the proposed structure, unless it can be shown:

(1)

That notice of proposed construction or alteration has been given as required by Part 77 of the Federal Aviation Regulations.

(2)

That the proposed structure will not raise the Federal Aviation Administration established minimum descent altitude or decision height for an instrument approach to any runway, or cause the minimum obstruction clearance altitude or minimum en route altitude to be increased on any federal airway.

(3)

That the structure does not otherwise constitute an obstruction to air navigation.

In addition to any land use restrictions contained in these regulations, it shall be unlawful to make any use of land or water within any airport zone established by this regulation in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport. (This does not affect the use of grove heaters for agricultural purposes.)

The owner of any structure over 200 feet above ground level must install on that structure lighting in accordance with Federal Aviation Administration Advisory Circular 79-7460-1C and amendments.

The regulations prescribed in sections 5 and 6 of this ordinance shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date hereof, 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 the effective date of this ordinance and is diligently prosecuted and completed.

Notwithstanding provisions of section 8 hereinabove, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon during hours of darkness of such markers and lights as shall be deemed necessary to indicate to the operators of aircraft in the vicinity of the airports the presence of such hazards. Such markers shall be installed, operated and maintained at the expense of the operation of the airport.

When this section [ordinance] imposes a greater or more stringent restriction upon the use of land than is imposed or required by any other section [regulation], the provisions of this section [ordinance] shall govern. Nothing contained in this section [ordinance] shall, however, be interpreted to conflict with or supersede any federal regulation pertaining to the control of airport hazards.

Any person desiring to erect any structure 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 ordinance, may apply for a variance therefrom. Such variance shall be allowed where 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 do substantial justice and be in accordance with the spirit of this ordinance.

(a)

Future uses. 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 airport approach surface zone, horizontal surface zone, conical surface zone or transitional surface zone, unless a permit from the city building department therefor shall have been applied for and granted. Each such application 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 herein prescribed. If such determination is in the affirmative, the permit applied for shall be granted.

(b)

Existing uses. Before any existing use, structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, within any airport approach surface zone, horizontal surface zone, conical surface zone or transitional surface zone, a permit must be secured from the city building department authorizing such replacement, change or repair. No such 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 the effective date of this ordinance or than it is when application for a permit is made. Except as indicated, all applicants for a permit for replacement, change or repair of existing use, structure or tree shall be granted.

(a)

The board of adjustment of the City of Melbourne shall have and exercise the following powers:

(1)

To hear and decide special exceptions to the terms of this ordinance.

(2)

To hear and decide specific variances under section 9.

(b)

Notice of public hearing pursuant to this section shall be given by the board of adjustment to the director of aviation of the Melbourne International Airport at least 15 days in advance of the public hearing.

(c)

All other procedures of the board of adjustment in exercising its powers under this section shall be in accordance with chapter 2 and appendix B of the City Code.