(a)

Except as provided in this subdivision, and in addition to any other requirements of this Code, the Palm Beach County "Airport Zoning Ordinance" contained in their Unified Land Development Code at article 16, Airport Regulations, as adopted by Ordinance No. 2017-025 and amended by Ordinance No. 2019-02, is hereby incorporated by reference.

(b)

For the purposes of this subdivision, the terms defined in the county airport zoning ordinance shall have the meaning given therein, except the following terms shall have the meaning given in this subdivision:

DOA means the Palm Beach County Department of Airports.

FDOT means the Florida Department of Transportation.

ULDC means the Palm Beach County Unified Land Development Code.

(Ord. No. 2018-10, § 2, 6-14-2018; Ord. No. 2019-02, § 2, 3-14-2019)

(a)

The village and the county have entered into an interlocal agreement, pursuant to F.S. chs. 163 and 333 for coordinated administration and enforcement of airport zoning regulations to prevent encroachment into airport operational areas or airspace surfaces.

(b)

All new construction, reconstruction or land alteration that adds height to any obstruction within areas shown on the "Airspace Notification Map" shall be reviewed for compliance with the standards of the county airport zoning ordinance. Airspace Height Review Procedures outlined in ULDC article 16.B.1.H are replaced with standard village development review and approval processes, and permitting requirements.

(1)

No permit for obstruction will be issued if all FAA, county DOA, and FDOT comments are not addressed to the satisfaction of the village planning, zoning and building director. No development permit application shall be issued if the proposed construction or alteration exceeds an obstruction standard of the Federal Aviation Regulations, Part 77, or other applicable federal or state rules or regulations.

(2)

An application for the construction, reconstruction or alteration of any obstruction must be reviewed in accordance with the site plan review procedures contained in the Village Code prior to issuance of a building permit for a permanent or temporary obstruction located within area regulation by this subdivision, and shall require the FAA finding of aeronautical affect. The village planning, zoning and building department, with input from the county DOA and FDOT, may recommend approval of a development application with or without conditions of approval, including obstruction lighting and marking conditions, or recommend issuance or denial of a building permit. Denial of a proposed obstruction shall state the reasons for denial and inform the applicant that they may appeal the decision pursuant to paragraph (f) below.

(c)

No use may be made of land or water within a runway protection zone (RPZ) in such manner as to interfere with the operation of an airborne aircraft. Review procedures outlined in ULDC article 16.C.1 are replaced with standard village development review and approval processes, and permitting requirements. The off-airport land use compatibility schedule, appendix 8 of the county ULDC, shall be used to determine additional land development requirements for permitted or special exception uses identified in division 6 of the Village Code. All areas defined as an RPZ or airport land use noise zone (ALUNZ) or "zone 3" are subject to review and technical analysis by the village and county DOA, in accordance with the regulations for RPZ, ALUNZ, zone 3, and Village Code. Prior to approval of a site plan, special exception use, or building permit, the village planning, zoning and building department and county DOA shall review the application for compliance with ALUNZ and zone 3 standards.

(d)

The village planning, zoning and building department shall administer the review of development applications and building permits for compliance with the county airport zoning regulations within the municipal limits, in consultation with county DOA and FDOT, as applicable, and pursuant to the procedures outlined in the interlocal agreement.

(e)

Any violation or non-compliance of airport regulations on a property within the Palm Springs municipal limits shall be deemed a violation of Village Code and shall be subject to the village's code compliance process as well as any other legal action available to the village including, but not limited to, injunctive relief.

(f)

Appeals. Any person aggrieved by the decision of the village planning, zoning and building director in the administration of this subdivision may appeal the decision pursuant to the procedures contained in subsection 34-602(f)(3).

(g)

Uses and structures nonconforming to the county airport zoning ordinance shall be administered in accordance with Village Code, division 3, nonconformities.

(h)

Variances may not be granted from the county airport zoning ordinance, pursuant to F.S. ch. 333.

(Ord. No. 2018-10, § 2, 6-14-2018; Ord. No. 2019-02, § 3, 3-14-2019)