The purpose of the airport regulations adopted under this section is to provide both airspace protection and land uses compatible with airport operations in order to promote the public interest in safety, health, and general welfare.

(Ord. No. 319-H, § 2, 2-15-2018)

The owner of any proposed construction or alteration of a structure more than 200 feet in height above the ground level at its site, or any proposed construction or alteration which exceeds a slope of 100:1 extending outward and upward for a horizontal distance of 20,000 feet from the nearest point of each runway from the Albert Whitted Airport shall comply with the provision of 14 CFR part 77, subpart B, by filing a notice of construction or alteration with the Federal Aviation Administration. Prior to the issuance of any building permit or consideration of any request for a variance to this chapter the applicant shall submit documentation showing compliance with the federal requirement for notification of proposed construction and a valid aeronautical evaluation.

(Code 1992, § 16.30.010.1; Ord. No. 985-G, § 36, 7-15-2010; Ord. No. 319-H, § 2, 2-15-2018)

Editor's note— Ord. No. 319-H, § 2, adopted February 15, 2018, renumbered §§ 16.30.010.1—16.30.010.6 as §§ 16.30.010.2—16.20.010.7.

For the purposes of this section, the following words shall have the following meanings:

Aeronautical study means a Federal Aviation Administration study, conducted in accordance with the standards of 14 C.F.R. part 77, subpart C, and Federal Aviation Administration policy and guidance, on the effect of proposed construction or alteration upon the operation of air navigation facilities and the safe and efficient use of navigable airspace.

Airport. See Matrix: Use Permissions and Parking Requirements.

Airport elevation means the established elevation of the highest point on the usable landing area in feet above mean sea level (AMSL).

Airport hazard means an obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities.

Airport hazard area means any area of land or water upon which an airport hazard might be established.

Airport reference point means the point established as the approximate geographic center of the airport landing area and so designated.

Education facility means any structure, land, or use that includes a public or private kindergarten through 12 ^th grade school, charter school, magnet school, college campus, or university campus. The term does not include space used for educational purposes within a multi-tenant building.

Height means, for the purpose of determining height limits in this section, measured from the mean sea level elevation datum, unless otherwise specified.

Landfill means any solid waste land disposal area for which a permit, other than a general permit, is required by F.S. § 403.707 and which receives solid waste for disposal in or upon land. The term does not include a land-spreading site, an injection well, a surface impoundment, or a facility for the disposal of construction and demolition debris.

Minimum decent altitude (MDA) means the lowest AMSL altitude to which descent is authorized on final approach or during circling-to-land maneuvering in execution of a standard instrument approach procedure (SIAP) where electronic glide slope is not provided.

Minimum en route altitude (MEA) means the lowest published altitude between radio fixes that ensures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.

Minimum obstruction clearance altitude (MOCA) means the lowest published altitude between radio fixes on federal VOR airways, off-airway routes or route segments that meets obstruction clearance requirements for the entire route segment and ensures acceptable navigational signal coverage only within 22 miles of a VOR.

Minimum vectoring altitude (MVA) means the lowest AMSL altitude at which aircraft operating on instrument flight rules (IFR) will be vectored by a radar controller, except when otherwise authorized for radar approaches, departures or missed approaches.

Obstruction means any existing or proposed object, terrain, or structure construction or alteration that exceeds the federal obstruction standards contained in 14 CFR part 77, subpart C. The term includes:

• Any object of natural growth or terrain;

• Permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus; or

• Alteration of any permanent or temporary existing structure by a change in the structure's height, including appurtenances, lateral dimensions, and equipment or materials used in the structure.

Runway means the paved surface of an airport landing strip.

Structure means any object constructed, erected, altered, or installed, including, but not limited to, buildings, towers, smokestacks, utility poles, power generation equipment, and overhead transmission lines.

Substantial modification means any repair, reconstruction, rehabilitation, or improvement of a structure when the actual cost of the repair, reconstruction, rehabilitation, or improvement of the structure equals or exceeds 50 percent of the market value of the structure.

(Code 1992, § 16.30.010.2; Ord. No. 319-H, § 2, 2-15-2018)

Note— See editor's note, § 16.30.010.2

There are hereby created and established certain zones which include all of the land and waters lying within the approach zones, transition zones, horizontal zone and conical zone. Such area and zones are shown on the Albert Whitted Airport Zoning Map which is incorporated by reference herein as part of this article and is on file in the office of the City Clerk. The various zones are hereby established and defined as follows:

A.

Primary zone. An area longitudinally centered on each runway, extending 200 feet beyond each end of that runway with a width of 500 feet on Runway 18-36 and Runway 7-25.

B.

Approach zone. An area longitudinally centered on the extended runway centerline, extending outward from the end of the primary zone. The inner edge of the approach zone is the same width as the primary zone extending thereafter to a width of 2,000 feet for Runway 18-36 and Runway 7-25 at a distance of 5,000 feet from the edge of the primary zone.

C.

Transition zone. An area extending outward from the sides of each primary zone and approach zone which connects them to the horizontal zone.

D.

Horizontal zone. An area around the airport with an outer boundary the perimeter of which is constructed by swinging arcs of a radii of 5,000 feet from the center of each end of the primary zone of each runway and connecting the adjacent arcs by lines tangent to those arcs.

E.

Conical zone. A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward a distance of 4,000 feet. The conical zone does not include the approach zones and transition zones.

(Code 1992, § 16.30.010.3; Ord. No. 985-G, § 38, 7-15-2010; Ord. No. 319-H, § 2, 2-15-2018)

Note— See editor's note, § 16.30.010.2

Except as otherwise provided in this section, no obstruction shall be erected, altered, allowed to grow or maintained in excess of the height limit herein established. The height limitations for each of the airport zones are:

1.

Approach zone. One foot in height for each 20 feet in horizontal distance from the end of the primary zone.

2.

Transition zone. One foot in height for each seven feet in horizontal distance from the adjoining boundary of the primary or approach zone 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.

3.

Horizontal zone. 150 feet above the airport elevation of a height of 5.8 feet above mean sea level.

4.

Conical zone. One foot in height for each 20 feet of horizontal distance from the periphery of the horizontal zone extending to a height of 350 feet above the airport elevation.

5.

Other restrictions. In addition to the height limitations imposed in section, no structure or obstruction will be permitted within the City that would cause an MDA, MOCA, MVA or a decision height to be raised or which would impose either the establishment of restrictive minimum climb gradients or nonstandard takeoff minimums, as determined by the Federal Aviation Administration in response to the filing of a notice of construction or alteration.

6.

More than one height limitation. Where an area is covered by more than one height limitation, the more restrictive limitation prevails.

7.

Not prohibitive. Nothing in this section shall be construed as prohibiting the growth, construction or maintenance of any tree or structure below these height limitations.

(Code 1992, § 16.30.010.4; Ord. No. 985-G, § 39, 7-15-2010; Ord. No. 319-H, § 2, 2-15-2018)

Note— See editor's note, § 16.30.010.2

Airport land use compatibility regulations govern the use of land on, adjacent to, or in the immediate vicinity of airports:

A.

Notwithstanding any other provisions of this section, no use may be made of land or water within any zone established by this section in such manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft.

B.

New landfills shall be prohibited and existing landfills shall be restricted within the following areas:

1.

Within 10,000 feet from the nearest point of any runway used or planned to be used by turbine aircraft;

2.

Within 5,000 feet from the nearest point of any runway used by only non-turbine aircraft;

3.

When located outside the perimeters defined in subsection 1 and 2, but still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. § 77.19, a case-by-case review of such landfill is recommended.

4.

Where any landfill is 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.

C.

New residential units and new education facilities, with the exception of aviation school facilities, shall be prohibited within the boundary of the 65 day-night average sound level ("DNL") contour; however, the prohibition shall not extend more than an area measuring one-half (½) the length of the longest runway on either side of and at the end of each runway centerline.

D.

Subsection C. shall not be construed to require the removal, alteration, sound conditioning, or other change, or to interfere with the continued use or adjacent expansion of any educational facility or site in existence on July 1, 1993.

(Code 1992, § 16.30.010.5; Ord. No. 319-H, § 2, 2-15-2018)

Note— See editor's note, § 16.30.010.2

A.

Regulations not retroactive. These regulations shall not require the removal, lowering or other changes or alteration of any obstruction not conforming to the regulations as of the effective date of this section, or otherwise interfere with the continuance of any nonconforming use.

B.

Nonconforming uses, abandoned or destroyed. Whenever the POD determines that a nonconforming obstruction has been abandoned or is more than 80 percent torn down, destroyed, deteriorated, or decayed, no permit shall be granted that would allow such obstruction to exceed the applicable height limit or otherwise deviate from the provisions of this section.

C.

Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any nonconforming structure or tree is hereby required to install, operate and maintain thereof such markers and lights as shall be deemed necessary by the City to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstructions. Such markers and lights shall be installed, operated and maintained at the expense of the owner.

(Code 1992, § 16.30.010.6; Ord. No. 319-H, § 3, 2-15-2018)

Note— See editor's note, § 16.30.010.2

Any permit or variance granted shall, as a specific condition, require the owner of the obstruction in question to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to aircraft operators the presence of an airport obstruction. Such markings and lighting shall conform to the specific standards established by the Federal Aviation Administration.

(Code 1992, § 16.30.010.7; Ord. No. 985-G, § 40, 7-15-2010; Ord. No. 319-H, § 2, 2-15-2018)

Editor's note— Ord. No. 319-H, § 2, adopted February 15, 2018, repealed § 16.30.010.8 and renumbered § 16.30.010.7 as § 16.30.010.8. Former § 16.30.010.8 pertained to restrictions in airport noise impact area and derived from the Code of 1992; and Ord. No. 985-G, adopted July 15, 2010.

A person proposing the construction or alteration of an obstruction must obtain a permit from the City. The requirement for a permit will be required only within an airport hazard area where federal obstruction standards are exceeded and if the proposed construction or alteration is within a ten nautical-mile (11.5077945 statute mile) radius of the airport reference point, located at the approximate geometric center of all usable runways. Permit requirements are outlined in Section 16.70 outlining applications and procedures.

(Ord. No. 319-H, § 2, 2-15-2018)

Editor's note— Ord. No. 319-H, § 2, adopted February 15, 2018, repealed § 16.30.010.9 and enacted a new § 16.30.010.9 as set out herein. Former § 16.30.010.9 pertained to variances and derived from the Code of 1992.

In the event of conflict between these regulations and any other regulations applicable to the same property, the more stringent limitation or requirement shall govern and prevail.

(Code 1992, § 16.30.010.10)