The purpose of this chapter is to prevent obstructions that are potentially hazardous to aircraft operations as well as persons or property in the vicinity of the obstruction; for the prevention of incompatible land use within certain airport noise zones where aircraft noise may be an annoyance or objectionable to the residents within said zones; to provide for the prevention of these obstructions and incompatible land uses, to the extent legally possible. 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.

(Code 1986, § 12-11-1; Ord. No. 13-17, § 2, 6-8-2017)

(a)

No structure or obstruction will be permitted within the city or county that would cause a minimum obstruction clearance altitude, a minimum descent altitude or a decision height to be raised or would be permitted that was determined to be a hazard to air navigation by a Federal Aviation Administration aeronautical study (7460-1) or conflict with 14 CFR part 77.

(1)

Airport land use restrictions. Notwithstanding any provision to the contrary in this chapter, no use may be made of land or water within any zone established by this chapter 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.

Lights or illumination. All lights or illumination used in conjunction with street, parking, signs or use of land structures shall be arranged and operated in such a manner that is not misleading or dangerous to aircraft operating from a public airport or in the vicinity thereof.

b.

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

c.

Visual hazards. No continuous commercial or industrial operations of any type shall produce smoke, glare or other visual hazards, within three statute miles of any usable runway of a public airport, which would limit the use of the airport.

d.

Sanitary landfills. Sanitary landfills will be considered as an incompatible use if located within areas established for the airport through the application of the following criteria:

1.

Landfills located within 10,000 feet of any runway used or planned to be used by turbine aircraft.

2.

Landfills located within 5,000 feet of any runway used only by nonturbine aircraft.

3.

Landfills outside the above perimeters but within conical surfaces described by FAR Part 77 and applied to an airport will be reviewed on a case-by-case basis.

4.

Any landfill located and constructed in a manner that attracts or sustains hazardous bird movements from feeding, water, or roosting areas into, or across, the runways or approach and departure patterns of aircraft. The landfill operator must incorporate bird management techniques or other practices to minimize bird hazards to airborne aircraft.

e.

Obstruction lighting. Notwithstanding the preceding provisions of this section, the owner of any structure over 150 feet above ground level shall install lighting on such structure in accordance with Federal Aviation Administration Advisory Circular 70/7460-1 and amendments thereto. Additionally, the 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 70/7460-1 and amendments thereto.

f.

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 70/7460-1 or subsequent revisions. The permit may be conditioned to permit the county or the city 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.

g.

Nonconforming uses. The regulations prescribed by this subsection shall not be construed to require the removal, lowering or other changes or alteration of any existing structure not conforming to the regulations as of the effective date of this chapter. Nothing herein contained shall require any change in the construction or alteration of which was begun prior to the effective date of this chapter, and is diligently prosecuted and completed within two years thereof.

Before any nonconforming structure may be replaced, substantially altered, repaired or rebuilt a permit must be secured from the building official. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure to become a greater hazard to air navigation than it was as of the effective date of this chapter. Whenever the building official determines that a nonconforming use or nonconforming structure has been abandoned or that the cost of repair, reconstruction, or restoration exceeds the value of the structure, no permit shall be granted that would allow said structure to be repaired, reconstructed, or restored except by a conforming structure.

(b)

Airport obstruction notification zone.

(1)

Purpose. The purpose of the airport obstruction notification zone is to regulate obstructions to air navigation that affect the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities.

(2)

Location and map of zone. An airport obstruction notification zone is established around Pensacola International Airport (PNS) and consists of an imaginary surface extending from any point of PNS runway at a slope 100 to 1 for a horizontal distance of 20,000 feet and a height of 200 feet above ground level. The airport obstruction notification zone map may be reviewed annually by the airport staff and updated/amended by the airport executive director as needed to ensure currency.

(3)

Development compliance. No object, structure, or alteration to a structure will be allowed within an airport obstruction notification zone at a slope exceeding 100 to 1 for a horizontal distance of 20,000 feet from the nearest PNS runway or 200 feet above ground level without an approved permit issued by the building inspections department.

(Code 1986, § 12-11-2; Ord. No. 13-17, § 2, 6-8-2017)

(a)

Permitting.

(1)

Building inspection services (BIS) will make the initial determination with respect to whether proposed development exceeds the height and surface within the airport obstruction notification zone based on the maps in Appendix C as an element of the zoning, development order and building permit application process. If BIS determines the proposed development, including associated use of temporary construction equipment, exceeds an airport obstruction notification zone surface or height threshold, then the applicant is required to obtain a structures permit from BIS prior to the issuance of any further development orders or permits. This provision applies to all development or improvements to land, including new development, redevelopment, building or use modifications, etc.

(2)

The permitting procedures for a structures permit are outlined as follows. If a structures permit application is deemed necessary by BIS as determined through the use of the airport obstruction notification zone map, the following procedures will apply:

a.

PSD will give a written notice to the applicant that a structures permit is required and that no further permits or development orders can be issued until a structures permit is obtained.

b.

The applicant must then submit a completed structures permit application to Inspections Services, 222 W. Main Street, Pensacola, FL 32502. The BIS will complete a sufficiency review and then route the application to Pensacola International Airport. The airport will review the application, and provide comment within a timely manner.

c.

Upon receipt of a complete permit application, BIS shall provide a copy of the application to the Florida Department of Transportation's (FDOT) aviation office by certified mail, return receipt requested, or by a delivery service that provides a receipt evidencing delivery. To evaluate technical consistency with this subsection, the department shall have a 15-day review period following receipt of the application, which must run concurrently with the local government permitting process. Cranes, construction equipment, and other temporary structures in use or in place for a period not to exceed 18 consecutive months are exempt from the FDOT's review, unless such review is requested by the department. Temporary structures are still to be reviewed by the PSD.

(3)

In determining whether to issue or deny a permit, BIS will consider the following, as applicable:

a.

The safety of persons on the ground and in the air.

b.

The safe and efficient use of navigable airspace.

c.

The nature of the terrain and height of existing structures.

d.

The effect of the construction or alteration on the state licensing standards for a public-use airport contained in F.S. ch. 330 and rules adopted thereunder.

e.

The character of existing and planned flight operations and developments at public-use airports.

f.

Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated by the Federal Aviation Administration.

g.

The effect of the construction or alteration of the proposed structure on the minimum descent altitude or the decision height at the affected airport.

h.

The cumulative effects on navigable airspace of all existing structures and all other known proposed structures in the area.

(4)

Approval of a permit will not be based solely on the determination by the Federal Aviation Administration that the proposed structure is not an airport hazard.

(b)

Appeals and variances. Appeals and variances from the provisions of this chapter shall be considered by the zoning board of adjustment established in section 12-12-1 in accordance with the procedures established in section 12-11-2. The Florida Department of Transportation (FDOT) shall be notified of all variance requests from the provisions of this chapter.

(Code 1986, § 12-11-3; Ord. No. 13-17, § 2, 6-8-2017)

It is hereby declared that the purpose of this section is to provide for the health, safety and welfare of the general public located in proximity to the Pensacola International Airport by establishing standards for construction materials for sound level reduction with respect to exterior noise resulting from the legal and normal operations at the Pensacola International Airport. This section establishes noise zones in the vicinity of Pensacola International Airport; establishes permitted land uses and construction materials in these noise zones; and establishes notification procedures to prospective purchasers of real estate within the noise zones.

(1)

Noise zones.

a.

Establishment of noise zones. There are hereby created and established three land use noise zones; zone A, zone B, and zone C. Such zones are shown on the airport noise zone maps, dated November 1993, for the City of Pensacola and Escambia County which are adopted by reference and are on file and available for review at the city planning office. The noise zones contained herein are based on the Pensacola International Airport FAR Part 150 Study adopted in 1990.

b.

Definition of noise zone boundaries.

1.

Zone A. A land use noise zone is hereby established and designated as zone A, being that area commencing at the outer boundary line indicated on the noise zone map as "B" and extending outward therefrom to the furthermost boundary line indicated on the noise zone map. The outer contour of noise zone A approximates a noise level of 65 Ldn.

2.

Zone B. A land use noise zone is hereby established and designated as zone B, being that area commencing at a boundary line indicated on the noise zone map as the outer boundary line of noise zone C and extending outward therefrom to a boundary line indicated on the noise zone map as "A." The outer contour of noise zone B approximates a noise level of 70 Ldn.

3.

Zone C. A land use noise zone is hereby established and designated as zone C, being that area commencing at the outermost boundary line of the airport and extending outward therefrom to a boundary line indicated on the noise zone map as "B." The outer boundary line of noise zone C approximates a noise level of 75 Ldn.

c.

Definition of overflight areas. Overflight areas are those areas that lie directly below and 500 feet on either side of the centerline of runways 17/35 and 08/26 and extend 3,000 feet from the runway ends. No new residential construction will be allowed in these overflight areas.

d.

Noise zone boundaries. The boundaries of noise zones A, B, and C are depicted on the airport impact district map located in the city planning office. A complete legal description of the boundaries of each noise zone is on file in the city clerk's office and the airport. In determining the location of noise zone boundaries on the map accompanying and made a part of these regulations, the following rules shall apply:

1.

Where boundaries are shown to follow streets or alleys, the centerline of such streets or alleys, as they exist at the time of adoption of these regulations, shall be the noise zone boundary;

2.

Where boundaries are shown to enter or cross platted blocks, property lines of lots, as they exist at the time of adoption of these regulations, shall be the noise zone boundary;

3.

Notwithstanding the above, where a noise zone boundary line is shown dividing a platted lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the legal description appearing in this chapter. Where a noise zone boundary line divides a lot into equal sections, the higher noise zone requirements shall apply. If a lot is divided into unequal sections, the noise zone shall be the same as that in the largest section;

4.

Where a noise zone boundary line is shown dividing an unsubdivided piece of property, less than ten acres in area, into equal sections, the higher zoning classification shall regulate. If this acreage is divided into unequal sections, the noise zone shall be the same as that in the largest section; or

5.

Where boundaries are shown on unsubdivided property of ten or more acres the location shall be determined by scale shown on the map unless dimensions are given on the map.

(2)

Land use activities permitted and restricted. Residential land uses shall be permitted in the several noise zones as provided in Table 12-10.1, and residential uses and other types of land uses shall be permitted as specified in section 12-3-11.

(3)

Noise reduction standards, methods and construction list. The provisions of this subsection shall apply to new construction and moving of buildings into said noise zones A, B and C, as described herein. Noise reduction standards, construction and methods are specified in Appendix G of the Part 150 study, which is available for review in the inspection services department.

a.

Noise Zone A. Appendix G of the Part 150 Study recommends a sound reduction 25 decibels (dB) for residential construction within the 65—70 Ldn noise contour. The standards specified in Appendix G for a reduction of 25 dB are recommended in Noise Zone A.

b.

Noise Zone B. Appendix G of the Part 150 Study recommends a sound reduction of 30 decibels (dB) for residential construction within the 70—75 Ldn noise contour. The standards specified in Appendix G for a reduction of 30 dB are required in Noise Zone B.

c.

Noise Zone C. No residential construction is permitted in Noise Zone C within the city.

Any existing residence may be added to, structurally altered or repaired without conforming to the referenced specifications provided the property owner signs a waiver acknowledging notification of said specifications.

   TABLE 12-10.1. PENSACOLA INTERNATIONAL
AIRPORT NOISE IMPACT DISTRICT RESIDENTIAL
LAND USE GUIDANCE CHART

(4)

Filing of maps. Maps depicting noise impacted areas shall be available for public inspection and filed in the official records of the county.

(Code 1986, § 12-11-4; Ord. No. 13-17, § 2, 6-8-2017)

It shall be the duty of the building official to administer and enforce the regulations prescribed in this chapter within the territorial limits over which the city has jurisdiction. Prior to the issuance or denial of a tall structure permit by the building official, the Federal Aviation Administration must review the proposed structure plans and issue a determination of hazard/no hazard. In the event that the building official finds any violation of the regulations contained herein, he or she shall give written notice to the person responsible for such violation. Such notice shall indicate the nature of the violation and the necessary action to correct or abate the violation. The building official shall, prior to granting approval of any alternate materials other than those listed in the noise reduction materials, methods and construction list, require a qualified acoustical consultant to certify, at the owner's expense, that the alternate materials and methods are either equal to or greater than the noise reduction capabilities of the materials and methods itemized in the approved noise reduction materials, methods and construction list.

(Code 1986, § 12-11-5; Ord. No. 13-17, § 2, 6-8-2017)

An appeal from any interpretation or administrative decision of the building official may be taken, and requests for variance or exception may be made to the zoning board of adjustment as provided in section 12-11-2.

(1)

A person, a political subdivision or its administrative agency, or a joint airport zoning board that contends a decision made by a political subdivision or its administrative agency is an improper application of airport zoning regulations may use the process established for an appeal.

(2)

All appeals must be made within a reasonable time as provided by the rules of the zoning board of adjustment. The building official shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the appeal was taken.

(3)

An appeal shall stay all proceedings in the furtherance of the action appealed unless the building official certifies to the zoning 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 zoning board of adjustment on notice to the building official and after due cause is shown.

(4)

The zoning board of adjustment shall fix a reasonable time for hearings appeals, give public notice and due notice to the interested parties and render a decision within a reasonable time. The zoning board of adjustment shall notify in writing, the airport director and Naval Air Station facilities management office of all meetings. During the hearing, any party may appear in person, by agent, or by attorney.

(5)

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

(Code 1986, § 12-11-6; Ord. No. 13-17, § 2, 6-8-2017)

No change shall be made in the use of land, and no structure shall be altered or otherwise established in any zone hereby created except in accordance with this chapter.

(Code 1986, § 12-11-7; Ord. No. 13-17, § 2, 6-8-2017)

A variance may be granted by the zoning board of adjustment where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship, and would prevent the substantial enjoyment of property rights as shared by nearby properties that do conform to this chapter.

(Code 1986, § 12-11-8; Ord. No. 13-17, § 2, 6-8-2017)

All single-family development proposals located in ATZ-1 and ATZ-2 zones in existing subdivisions are exempt from the provisions of this chapter, except for sections 12-10-2 and 12-10-3.

(Code 1986, § 12-11-9; Ord. No. 13-17, § 2, 6-8-2017)

Permitted use, regulations of land and other development requirements set forth in this chapter shall be reviewed within one year of the date of completion of the update to the airport master plan. This review shall be undertaken to determine if any parts herein require amendment in order to be made consistent with the most current airport master plan. When such amendment is deemed necessary, it will be promulgated by official city council action, with due public notice.

(Code 1986, § 12-11-10; Ord. No. 13-17, § 2, 6-8-2017)