The purpose of this article is to describe certain overlay and floating zones used to impose special development restrictions on identified areas. The location of overlay zones is established by the county based on the need for special protective measures in that area. The underlying uses in the area, as determined in article II of this code, remain undisturbed by the creation of the overlay zone. The overlay zone merely imposes additional or different development standards than those that would otherwise apply.

The location of a floating zone, by contrast, is determined by the developer. The purpose of a floating zone is to allow the developer to choose to follow a set of development standards different from the general standards in the code.

This section 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 to the persons and property on the ground in the vicinity of the obstruction. An obstruction may affect land use 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 Okeechobee County Municipal Airport and the public investment therein. Accordingly, it is declared:

A.

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

B.

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

C.

That 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

D.

That 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; and

E.

That both the prevention and the creation or establishment of airport obstructions, structures and incompatible land uses and the elimination, removal, alteration, mitigation, or making 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.

There is hereby established an official Okeechobee County Municipal Airport zoning map. This map shall be maintained and modified by the county clerk in the manner prescribed for the official zoning atlas in section 2.03.01 of this code.

In order to carry out the provisions of this section, there are hereby created and established certain zones which includes all of the land lying beneath the approach, transitional, horizontal and conical surfaces as they apply to the Okeechobee County Municipal Airport. Such zones are shown on the official Okeechobee County Municipal Airport zoning map. 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 follows:

A.

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.

1.

The width of the primary zone is as follows: Runways 13, 31, 04 and 22; 500 feet for visual runways having only visual approaches.

2.

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.

3.

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.

B.

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.

1.

The radius of each arc is: Runways 13, 31, 04 and 22; 5,000 feet for all runways designated as visual.

2.

No structure or obstruction will be permitted in the horizontal zone that has a height greater than 150 feet above the airport height.

C.

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.

D.

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.

1.

The inner edge of the approach zone is the same as the primary zone and it expands uniformly to a width of: Runways 13, 31, 04 and 22; 1,500 feet for that end of a runway with only visual approaches.

2.

The approach surface extends for a horizontal distance of: Runways 13, 31, 04 and 22; 5,000 feet for all visual runways.

3.

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.

4.

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: Runways 13, 31, 04 and 22; permitted height increases one foot vertically for every 20 feet horizontal distance for all utility and visual runways.

E.

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 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.

F.

Other areas. In addition to the height limitations imposed in paragraphs A through E above, no structure or obstruction will be permitted within Okeechobee County that would cause a hazard to air navigation.

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

A.

Generally.

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 of 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.

Use of land within the accident potential hazard area shall prohibit high-density residential use, 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.

Lighting. Notwithstanding the preceding provisions of this section, the owner of any structure over 200 feet above the 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.

Hazard marking and lighting. Any permit or variance granted shall require the owner to mark and light the structure in accordance with FAA advisory circular 70/7460-1D or subsequent revisions. The permit may be conditioned to permit Okeechobee County 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.

D.

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 Okeechobee County Municipal Airport and is subject to noise that may be objectionable."

This section attempts to balance the interest of the county, where Okeechobee must provide for adequate solid waste disposal for the residents and visitors of Okeechobee County while at the same time provide a safe aviation environment for existing airports and landing strips located in the county.

A.

Piston-driven aircraft. No piston-driven aircraft may utilize a landing or takeoff point or airport within 5,000 feet of an active or open permitted and licensed landfill in Okeechobee County.

B.

Turbine-driven aircraft. No turbine-driven aircraft may utilize a landing or takeoff point or airport within 10,000 feet of an active or open permitted and licensed landfill in Okeechobee County.

C.

New aviation facilities. No new aviation facilities, airports, landing or takeoff points shall be licensed or permitted within a five-mile radius of an active or open permitted and licensed landfill in Okeechobee County.

D.

Exemption. For the purposes of this article, "aviation facilities", "airports", and "landing or takeoff points" do not include facilities used solely for helicopters or other aircraft which take off and land vertically.

(Ord. No. 2025-0001, § 2, 3-13-25)

For the purposes of this article, the following specialized definitions shall prevail over more generalized definitions contained elsewhere in this code or the glossary:

A.

Cultural resource. A site, object, structure, building or district listed on the county's survey of cultural resources or in the historic preservation element of the county comprehensive plan or on the local register of historic places.

B.

Demolition. The tearing down or razing of 25% or more of a structure's external walls.

C.

District. A geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, objects, or areas, which are united historically or aesthetically by plan or physical development. A district may be comprised of individual resources which are separated geographically but are linked by association or history.

D.

Object. A material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature of design, movable, yet related to a specific setting or environment.

E.

Ordinary maintenance. Work which does not require a construction permit and that is done to repair damage or to prevent deterioration or decay of a building or structure or part thereof as nearly as practicable to its condition prior to the damage, deterioration, or decay.

F.

Original appearance. That appearance (except for color) which, to the satisfaction of the director, closely resembles the appearance of either (1) the feature on the building as it was originally built or was likely to have been built, or (2) the feature on the building as it presently exists so long as the present appearance is appropriate, in the opinion of the director, to the style and materials of the building.

G.

Site. The location of a significant event, activity, building, structure, or archeological resource where the significance of the location and any archeological remains outweighs the significance of any existing structures.

Cross reference— Definitions generally, § 1-2.

A.

Created. A local register of historic places is hereby created as a means of identifying and classifying various sites, buildings, structures, objects, and districts as historic and/or architecturally significant. The local register will be kept by the director.

B.

Initiation of placement on the local register. Placement of sites, buildings, structures, objects or districts on the local register may be initiated by the county commission or the historic preservation board. In addition, placement may be initiated by the owner of the site, building, structure, object, or area; or, in the case of a district, by the owner of a site, building, structure, object, or area within the proposed district.

C.

Placement on the local register. The following procedure shall be followed for placement of sites, buildings, structures, objects, areas, and districts on the local register:

1.

A nomination form, available from the department, shall be completed by the applicant and returned to the department.

2.

Upon receipt of a completed nomination form, including necessary documentation, the director shall place the nomination on the agenda of the next regularly scheduled meeting of the historic preservation board. If the next regularly scheduled meeting of the board is too close at hand to allow for the required notice to be given, the nomination shall be placed on the agenda of the succeeding regularly scheduled meeting.

3.

Adequate notice of the historic preservation board's consideration of the nomination shall be provided to the public at large, and to the owner(s) of the nominated property(ies), at least 15 days in advance of the meeting at which the nomination will be considered by the board.

4.

The board shall, within 90 days from the date of the meeting at which the nomination is first on the board's agenda, review the nomination and write a recommendation thereon. The recommendation shall include specific findings and conclusions as to why the nomination does or does not meet the appropriate criteria for listing on the local register. The recommendation shall also include any owner's objection to the listing. If the nomination is of a district, the recommendation shall also clearly specify, through the use of maps, lists, or other means, those buildings, objects, or structures which are classified as contributing to the historical significance of the district. If the 90-day period runs and the board has not prepared and sent a recommendation, and the period has not been extended by mutual consent of the applicant and the board, the nomination may be submitted by the applicant directly to the planning board.

5.

The nomination form and the board's recommendation shall be sent to the planning board. The nomination shall then be handled as any other rezoning/amendment.

6.

Should the members of the historic preservation board and the planning board be the same as permitted by article XIII, the nomination, review and recommendation process may proceed simultaneously.

D.

Criteria for listing on the local register.

1.

A site, building, or district must meet the following criteria before it may be listed on the local register:

a.

The site, building, or district possesses integrity of location, design setting, materials, workmanship, feeling and association; and

b.

The site, building or district is associated with events that are significant to local, state, or national history; or the district site, building, structure, or object embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction.

2.

A site or building located in a local register of historic places district shall be designated as contributing to that district if it meets the following criteria:

a.

The property is one which, by its location, design, setting, materials, workmanship, feeling and association adds to the district's sense of time and place and historical development.

b.

A property should not be considered contributing if the property's integrity of location, design, setting, materials, workmanship, feeling and association have been so altered that the overall integrity of the property has been irretrievably lost.

c.

Structures that have been built within the past 50 years shall not be considered to contribute to the significance of a district, unless a strong justification concerning their historical or architectural merit is given or the historical attributes of the district are considered to be less than 50 years old.

E.

Effect of listing on local register.

1.

The department may issue an official certificate of historic significance to the owner of properties listed individually on the local register or judged as contributing to the character of a district listed on the local register. The county manager is authorized to issue and place official signs denoting the geographic boundaries of each district listed on the local register.

2.

Structures and buildings listed individually on the local register or judged as contributing to the character of a district listed on the local register shall be deemed historic and entitled to modified enforcement of the Standard Building Code as provided by chapter 1, section 101.5 of the Standard Building Code Congress International, Inc.

3.

No demolition, alteration, relocation or construction activities may take place except as provided below.

A.

When required.

1.

A certificate of appropriateness must be obtained before making certain alterations, described below as regulated work items, to contributing structures and structures listed individually on the local register.

2.

For each of the regulated work items listed below, the following applies:

a.

Ordinary maintenance. If the work constitutes "ordinary maintenance" as defined in this code, the work may be done without a certificate of appropriateness.

b.

Staff approval. If the work is not "ordinary maintenance," but will result in the "original appearance" as defined in this code, the certificate of appropriateness may be issued by the director of planning and development.

c.

Board approval. If the work is not "ordinary maintenance" and will not result in the "original appearance," a certificate of appropriateness must be obtained from the historic preservation board before the work may be done.

3.

The following are regulated work items:

a.

Installation or removal of metal awnings or metal canopies.

b.

Installation of all decks above the first-floor level and/or on the front of the structure.

c.

Installation of an exterior door or door frame, or the infill of an existing exterior door opening.

d.

Installation or removal of any exterior wall, including the enclosure of any porch or other outdoor area with any material other than insect screening.

e.

The installation or relocation of wood, chainlink, masonry (garden walls) or wrought iron fencing, or the removal of masonry (garden walls) or wrought iron fencing.

f.

The installation or removal of all fire escapes, exterior stairs or ramps for the handicapped.

g.

Painting unpainted masonry including stone, brick, terracotta and concrete.

h.

Installation or removal of railings or other wood, wrought iron or masonry detailing.

i.

Abrasive cleaning of exterior walls.

j.

Installation of new roofing materials, or removal of existing roofing materials.

k.

Installation or removal of security grilles, except that in no case shall permission to install such grilles be completely denied.

l.

Installation of new exterior siding materials, or removal of existing exterior siding materials.

m.

Installation or removal of exterior skylights.

n.

Installation of exterior screen windows or exterior screen doors.

o.

Installation of an exterior window or window frame or the infill of an existing exterior window opening.

4.

A certificate of appropriateness must be obtained from the historic preservation board to erect a new building or parking lot within a district listed on the local register.

5.

A certificate of appropriateness must be obtained from the historic preservation board to demolish a building, structure, or object listed individually on the local register, or designated as contributing to a district listed on the local register.

6.

A certificate of appropriateness must be obtained from the board of county commission[ers] to relocate a building, structure, or object listed individually on the local register, or designated as contributing to a district listed on the local register.

B.

Criteria for issuing.

1.

The decision on all certificates of appropriateness, except those for demolition, shall be guided by the United States Secretary of the Interior's standards for rehabilitation and guidelines for rehabilitating historic buildings and the following visual compatibility standards:

a.

Height. Height shall be visually compatible with adjacent buildings.

b.

Proportion of building, structure or object's front facade. The width of building, structure or object to the height of the front elevation shall be visually compatible to buildings and places to which it is visually related.

c.

Proportion of openings within the facility. The relationship of the width of the windows in a building, structure, or object shall be visually compatible with buildings and places to which the building, structure or object is visually related.

d.

Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building, structure or object shall be visually compatible with buildings and places to which it is visually related.

e.

Rhythm of buildings, structures, or objects on streets. The relationship of the buildings, structures, or objects to open space between it and adjoining buildings and places shall be visually compatible to the buildings and places to which it is visually related.

f.

Rhythm of entrance and/or porch projection. The relationship of entrances and projections to sidewalks of a building, structure, or object shall be visually compatible to the buildings and places to which it is visually related.

g.

Relationship of materials, texture, and color. The relationship of materials, texture and color of the facade of a building, structure or object shall be visually compatible with the predominant materials used in the buildings to which it is visually related.

h.

Roof shapes. The roof shape of the building, structure, or object shall be visually compatible with the buildings to which it is visually related.

i.

Walls of continuity. Appurtenances of a building, structure, or object such as walls, fences, landscape masses shall, if necessary, form cohesive walls of enclosure along a street, to ensure visual compatibility of the building, structure, or object to the building and places to which it is visually related.

j.

Scale of a building. The size of the building, structure, or object, the building mass of the building, structure or object in relation to open space, the windows, door openings, porches, and balconies shall be visually compatible with the buildings and places to which it is visually related.

k.

Directional expression of front elevation. A building, structure, or object shall be visually compatible with the buildings and places to which it is visually related in its directional character.

2.

In addition to the guidelines provided in subparagraph 1 above, issuance of certificates of appropriateness for relocations shall be guided by the following factors:

a.

The historic character and aesthetic interest the building, structure, or object contributes to its present setting;

b.

Whether there are definite plans for the area to be vacated and the effect of those plans on the character of the surrounding area;

c.

Whether the building, structure, or object can be moved without significant damage to its physical integrity; and

d.

Whether the proposed relocation area is compatible with the historical and architectural character of the building, structure or object.

3.

Issuance of certificates of appropriateness for demolitions shall be guided by the following factors:

a.

The historic or architectural significance of the building, structure, or object;

b.

The importance of the building, structure, or object to the ambience of a district;

c.

The difficulty or the impossibility of reproducing such a building, structure or object because of its design, texture, material, detail, or unique location;

d.

Whether the building, structure, or object is one of the last remaining examples of its kind in the neighborhood, the county, or the region;

e.

Whether there are definite plans for reuse of the property if the proposed demolition is carried out, and the effect of those plans on the character of the surrounding;

f.

Whether reasonable measures can be taken to save the building, structure, or object from collapse; and

g.

Whether the building, structure, or object is capable of earning reasonable economic return on its value.

C.

Procedure.

1.

A person wishing to undertake any of the actions specified in section 3.02.03A shall file an application for a certificate of appropriateness and supporting documents, with the director.

2.

The prospective applicant shall confer with the director concerning the nature of the proposed action and requirements related to it. The director shall advise the applicant of the nature and detail of the plans, designs, photographs, reports or other exhibits required to be submitted with the application. Such advice shall not preclude the historic preservation board from requiring additional material prior to making its determination in the case. Following the conference with the director, a preapplication conference shall be held with the historic preservation board if requested by the applicant.

3.

Upon receipt of a completed application and all required submittals and fees, the director shall place the application on the next regularly scheduled meeting of the historic preservation board allowing for notice as required herein. Applications for certificates of appropriateness may be heard at specially called meetings of the historic preservation board provided all notice requirements are met. Upon mutual agreement between the applicant and the director, the application may be set for hearing at a meeting later than the next regularly scheduled meeting.

4.

At least 15 days, but not more than 30 days, prior to the meeting at which the application is to be heard, the director shall give the following notice:

a.

Written notice of the time and place of the meeting shall be sent to the applicant and all persons or organizations filing written requests with the department.

b.

One advertised notice in a newspaper of general circulation.

5.

The hearing shall be held at the time and place indicated in the notice. The decision of the historic preservation board shall be made at the hearing.

6.

The historic preservation board shall use the criteria set forth in section 3.02.03B of this article to review the completed application and accompanying submittals. After completing the review of the application and fulfilling the public notice and hearing requirements set forth above, the board shall take one of the following actions:

a.

Grant the certificate of appropriateness with an immediate effective date;

b.

Grant the certificate of appropriateness with special modifications and conditions;

c.

Deny the certificate of appropriateness.

7.

The historic preservation board shall make written findings and conclusions that specifically relate the criteria for granting certificates of appropriateness. All parties shall be given the opportunity to present evidence through documents, exhibits, testimony, or other means. All parties shall be given the opportunity to rebut evidence through cross examination or other means.

8.

The department shall record and keep records of all meetings. The records shall include the vote, absence, or abstention of each member upon each question, all official actions of the historic preservation board, and the findings and conclusions of the board. All records shall be filed in the department.

9.

Any person aggrieved by a decision reached by the historic preservation board may appeal the decision to the board of county commissioners.

10.

No work for which a certificate of appropriateness is required may be undertaken unless a certificate of appropriateness authorizing the work is conspicuously posted on the property where the work is to be performed.