This Schedule shall be known and may be cited as "Schedule R, Airports and Aircraft."

(Ord. No. 3950, § 7(1.0), 8-8-2005; Ord. No. 4705, § 1(Exh. A), 8-22-2022)

For the purposes of this schedule, the following terms shall have the meanings ascribed to them in this section:

Above Mean Sea Level (AMSL) - Refers to the height or elevation of an object, relative to the average sea level datum. For the purposes of this schedule, the datum line for mean sea level measurements shall be the same as the datum line for the geoid-based North American Vertical Datum of 1988 (NAVD 88).

Aeronautical Study - A FAA study, conducted in accordance with the standards of 14 CFR 77, Subpart C, and FAA 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.

Aircraft - Any fixed wing, blimp, airship or rotorcraft device capable of atmospheric flight and requiring a paved or turf landing or take-off area.

Airport - The area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for purposes relating to the Orlando-Sanford International Airport.

Airport Board of Adjustment - The County Board of Adjustment/City Planning and Zoning Commission which shall have jurisdiction over the matters as set forth in this schedule.

Airport Elevation - The highest point of an airport's usable landing area measured in feet above mean sea level. The established airport elevation of the Orlando Sanford International Airport, Sanford, Florida, is fifty-five feet (55') Above Mean Sea Level (AMSL).

Airport Hazard - An obstruction to air navigation that affects the safe and efficient use of navigable airspace or the operation of planned or existing airport or communication facilities.

Airport Hazard Area - Any area of land or water upon which an airport hazard might be established.

Airport Height Zone - Any area described herein or shown on the Airport Height Zoning Map R-1 indicating the height at which a proposal for development, construction, establishment, enlargement, or substantial alteration of repair of a structure requires an airport height zoning permit.

Airport Height Zoning Map - A map or map series depicting the Airport Height Zones, included in the Interlocal Agreement Among Seminole County, Florida, and Sanford Airport Authority and City of Sanford, Florida Regarding Airport Zoning Ordinance.

Airport Land Use Compatibility Zoning - Airport zoning land development regulations governing the use of land on, adjacent to, or in the immediate vicinity of airports.

Airport Layout Plan (ALP) - A set of scaled drawings that provides a graphic representation of the existing and future development plan for the Airport and demonstrates the preservation and continuity of safety, utility, and efficiency of the Airport.

Airport Master Plan - A comprehensive plan of an airport which typically describes current and future plans for airport development designed to support existing and future aviation demand.

Airport Obstruction - Any existing or proposed structure or object of natural growth that exceeds federal obstruction standards as contained in 14 CFR Sections 77.13, 77.15, 77.17, 77.19, 77.21, 77.23 and any other Federal airspace obstruction related standards such as OEL TERPS and TSS.

Airport Primary Surface - A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.

Airspace Surface - Any surface established and described in these Land Development Regulations used to evaluate whether an application for an airport height zoning permit or any existing or proposed structure or object of natural growth complies with Federal obstruction standards as contained in 14 CFR Sections 77.13, 77.15, 77.17, 77.19, 77.21 and 77.23; terminal instrument procedures as contained in FAA Order 8260.3C and Order 8260.58A, TERPS, Federal regulations for turbine powered aircraft as contained in 14 CFR Section 121.189, OEL and TSS.

Airport Surveillance Radar - A radar used for FAA air traffic management.

Airport Planning/Zoning Director - The City Administrative Official, as defined in the Land Development Regulations, or designee, responsible for administering and enforcing these Land Development Regulations.

Airport Zoning Chart - Refers to a chart or map of the area affected by the airport zoning, which shows the layout of the runways, the airport boundaries and the airport elevation. The chart also sets forth the various zones with the applicable height limitations for each. The chart identifies topographic features such as major streams, rivers, railroads, roads and streets.

Airspace Hazard - Any structure, object of natural growth or use of land which would exceed the Federal obstruction standards as contained in 14 CFR Sections 77.13, 77.15, 77.17, 77.19, 77.21 and 77.23, TERPS, OEL TSS, and which obstructs the airspace required for the flight of aircraft in taking off, maneuvering, or landing or is otherwise hazardous to such taking off, maneuvering, or landing of aircraft and for which no person has previously obtained a permit pursuant to these land development regulations.

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

Avigation Easement - The right to use the airspace over real property.

Control Zone - Airspace extending upward from the surface of the earth which may include one or more airports and is normally a circular area of five (5) statute miles in radius, with extensions where necessary to include instrument approach and departure paths.

Decision Height - The height at which a decision must be made during a precision instrument approach, to either continue the approach or to execute a missed approach.

Educational Facility - Any structure, land, or use that includes a public or private kindergarten through 12th grade school, charter school, magnet school, college campus, or university campus. The term does not include space used for educational purposes within a multitenant building.

Existing Nonconforming Use - Any structure, object of natural growth, or use of land that does not conform to the provisions of these land development regulations or any amendments hereto as of the effective date of such regulation or amendment.

Federal Aviation Administration (FAA) - A Federal agency charged with regulating air commerce to promote its safety, encouraging, and developing civil aviation, air traffic control and air navigation and promoting the development of a national system of airports.

Instrument Runway - A runway having an existing instrument approach procedure or planned in the Orlando Sanford International Airport Master Plan, July 2002 and FAA approved amendments, utilizing air navigation facilities or area-type navigation equipment, for which an instrument approach procedure has been approved or planned.

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 slope is provided.

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.

Minimum Obstruction Clearance Altitude - The specified altitude in effect between radio fixes on VHF omnidirectional radio range (VOR) airways, off-airway routes, or route segments which meets route segment and which assures acceptable navigational signal coverage only within twenty-two (22) miles of a VOR.

Non-Vertically Guided Instrument Runway - A runway having an existing, published, or planned instrument approach procedure utilizing air navigation facilities with only lateral guidance or area type navigation equipment, for which a straight-in non-vertically guided instrument approach procedure has been approved or planned on a FAA planning document or approved ALP.

Object of Natural Growth - Any organism of the plant kingdom, including a tree.

OEI (One-Engine Inoperative) - As defined in AC 120-91A which is an Airport Obstacle Analysis promulgated by the FAA which describes acceptable methods and guidelines for developing takeoff and initial climb out airport obstacle analyses and in-flight procedures to comply with the intent of the regulatory requirements of 14 CFR, Part 121, Sections 121.177 and 121.189; Part 135, Sections 135.367, 135.379, and 135.398; and other associated OEI requirements relating to turbine-engine-powered airplanes operated under Parts 121 and 135; and ICAO Annex 6 published by the International Civil Aviation Organization which relates to the operation of aircraft/aero planes and helicopters.

Person - Any individual, firm, co-partnership, corporation, company, association, joint-stock association, or body politic, including any trustee, receiver, assignee, or other similar representative thereof.

Real Property - A lot, parcel, tract of land, or water together with any structure, object of natural growth, or natural feature located thereon.

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

Runway Protection Zone - Area at the end of a runway designed to enhance the protection of people and property on the ground; the dimensions of which are based on aircraft category and visibility minimums defined in FAA Advisory Circular 150/5300-13A, Change 1, entitled "Airport Design" and in accordance with 14 CFR Section 151.9(b).

SAA - Sanford Airport Authority.

SAA Airspace Director - A person at the SAA designated by the SAA responsible for administering these land development regulations.

Structure - Any permanent or temporary object, including, but not limited to, buildings, antenna, towers, cellular towers, smokestacks, utility or light poles, overhead transmission lines, advertising signs, billboards, poster panels, fences, construction cranes, derricks, draglines, boom-equipped machinery, balloons, kites, watercraft, retaining walls, and navigation aids including, but not limited to, the Omnidirectional Range Beacon/Tactical Air Navigation System, the Low Level Wind Shear Alert System, ASOS, approach lighting systems and radar facilities, as FAA Navigation Aids.

TERPS - The criteria for terminal instrument procedures for arriving and departing aircraft as established in FAA Order 8260.3C and Order 8260.58A, entitled "United States Standards for Terminal Instrument Procedures," OEL, TSS.

Vertically Guided Instrument Runway - A runway having an existing, published, or planned instrument approach procedure utilizing air navigation facilities or an instrument landing system with lateral and vertical guidance or area type navigation equipment, for which a straight-in vertically guided instrument approach procedure has been approved or planned, and for which a vertically guided approach is planned or indicated on an FAA planning document or approved ALP.

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 an FAA-approved airport layout plan, a military service's approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.

(Ord. No. 3950, § 7(2.0), 8-8-2005; Ord. No. 4705, § 1(Exh. A), 8-22-2022)

The purpose and intent of the airport zoning map is: to provide both airspace protection and land uses compatible with airport operations; to promote the coordinated use of lands and foster orderly development; to protect the health, safety, and welfare of the public; to ensure the economic benefits and capacity of aviation related businesses; and to ensure compliance with all Federal and State aviation laws, rules, and regulations.

(Ord. No. 3950, § 7(3.0), 8-8-2005; Ord. No. 4705, § 1(Exh. A), 8-22-2022)

In order to regulate the height of permanent and temporary structures and objects of natural growth, this section establishes permitting requirements in certain zones based on height. These zones, and the heights established for each zone, provide for the review by the City of the height of land development proposals over which the City may have jurisdiction to regulate, as well as objects of natural growth

1.

Horizontal surface: The land lying under a horizontal plane two hundred (200) feet above the established airport elevation. The perimeter of the horizontal zone at Orlando Sanford International Airport is constructed by swinging arcs of ten thousand (10,000) feet radii from the center of each end of the primary surface of each end of runway and connecting the adjacent arcs by lines tangent to those arcs.

No structure shall be permitted in the horizontal zone that would exceed two hundred (200) feet above the established airport elevation as depicted on the Airport Height Zoning Map of Sanford, Florida.

2.

Conical zone: The land lying under a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20 to 1) for a horizontal distance of four thousand (4,000) feet at Orlando Sanford International Airport. The conical surface extends upward to an elevation of four hundred five (405) AMSL.

No structure shall be permitted in the conical zone that would penetrate the conical surface as depicted on the Airport Height Zoning Map of Sanford, Florida.

3.

Approach zones: The land lying under a surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for the runway end and is depicted on the Airport Height Zoning Map of Sanford, Florida.

a.

The inner edge of the approach surface is the same width as the primary surface of each runway, two hundred and fifty (250) feet wide for runways 9C and 27C; and one thousand (1,000) feet wide for runways 9L, 9R, 27L, 27R, 18 and 36 at Orlando Sanford International Airport. The outer edge of the approach surface is:

i.

One thousand two hundred and fifty (1,250) feet for runways 9C and 27C.

ii.

Sixteen thousand (16,000) feet for runway 9L, 9R, 27L, 27R, 18 and 36.

b.

The approach zone extends for a horizontal distance of five thousand (5,000) feet for runways 9C, 27C, and fifty thousand (50,000) feet for runway 9R, 9L, 27L, 27R, 18 and 36.

c.

The slopes of the approach zones are as follows:

i.

Twenty to one (20 to 1) for runways 9C and 27C.

ii.

Fifty to one (50 to 1) for the first ten thousand (10,000) feet horizontal distance with an additional twelve thousand (12,000) feet horizontal distance at a slope of forty to one (40 to 1) until intersection with a plane five hundred (500) feet above the airport elevation for twenty-eight thousand (28,000) feet for runways 9L, 27R, 9R, 27L, 18 and 36 as depicted on the Airport Height Zoning Map of Sanford, Florida.

d.

No structure shall be permitted in the approach zone that would penetrate the approach slope that runway, as depicted on the Airport Height Zoning Map of Sanford, Florida.

4.

Transitional zone: The land lying under surfaces extending outward and upward at right angles to the runway center line and the runway center line extended at a slope of seven to one (7 to 1) form the sides of the primary and approach surfaces. However, when the slope of seven to one (7 to 1) intersects a plane five hundred (500) feet above the established airport elevation, the transitional surface becomes a plane five hundred (500) feet above the established airport elevation as depicted on the Airport Height Zoning Map of Sanford, Florida.

No structure shall be permitted that would penetrate the transitional surface as depicted on the Airport Height Zoning Map of Sanford, Florida.

5.

Altitude: No structure shall be permitted in the City of Sanford that would raise an existing published minimum descent altitude or decision height for any instrument approach to any runway at the Orlando Sanford International Airport, nor shall any structure be permitted that would raise or increase the minimum obstruction clearance altitude or minimum en route altitude on any federal airway in the City of Sanford.

(Ord. No. 3950, § 7(4.0), 8-8-2005; Ord. No. 4705, § 1(Exh. A), 8-22-2022)

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

1.

All lights of illumination used in conjunction with streets, 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 the Orlando Sanford International Airport or in the vicinity thereof.

2.

No operation from any use shall project smoke, glare or other visual hazards within three (3) statute miles of any usable runway of the Orlando Sanford International Airport.

3.

No operations from any use in the City of Sanford shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.

4.

Proposed land fill applications are prohibited within 10,000 feet from the nearest point of any proposed runway used or planned to be used or (ii) within the lateral limits of the civil airport imaginary surfaces defined in 14 CFR Section 77.19.

(Ord. No. 3950, § 7(5.0), 8-8-2005; Ord. No. 4705, § 1(Exh. A), 8-22-2022)

The regulations prescribed in Sections 4.0 and 5.0 of this Schedule 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 of this Schedule, 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 Schedule. Any structure, object of natural growth, or use of land existing on the effective date of these land development regulations, which exceeds any height limit established herein or otherwise fails to comply with any provision of these land development regulations, is hereby declared to be an existing nonconforming use and in violation of these land development regulations.

Existing Nonconforming Educational Facilities. Except as provided in these land development regulations or any other controlling provisions of law, there is no required removal, alteration, sound conditioning, or other change to or interference with the continued use, modification, or adjacent expansion of any educational facility in existence on or before July 1, 1993, or be construed to prohibit the construction of any new educational facility for which a site has been determined as provided in former Section 235.19, Florida Statutes, as of July 1, 1993.

Declaration of Abandoned or Deteriorated Existing Nonconforming Use. In the event the Airport Planning/Zoning Director and/or the SAA Airspace Director determines that an existing nonconforming use is abandoned or more than eighty percent (80%) torn down, destroyed, deteriorated, or decayed, no permit will be issued that would allow such existing nonconforming use to exceed the applicable height limit or otherwise deviate from these land development regulations; and whether application is made for a permit under these land development regulations or not, the Airport Planning/Zoning Director may petition the Board of Adjustment/Planning, and Zoning Commission.

(Ord. No. 3950, § 7(6.0), 8-8-2005; Ord. No. 4705, § 1(Exh. A), 8-22-2022)

Notwithstanding the provisions of this Schedule, the owner of any structure over two hundred (200) feet above ground level must install on that structure lighting in accordance with Federal Aviation Administration Advisory Circular 70-7460-1L, FAA amendments and interlocal agreement among Seminole County, Florida and Sanford Airport Authority and City of Sanford, Florida Regarding Airport Zoning.

(Ord. No. 3950, § 7(7.0), 8-8-2005; Ord. No. 4705, § 1(Exh. A), 8-22-2022)

1.

General. Any person desiring to erect or increase the height of any structure, or use his property not in accordance with the regulations prescribed in this Schedule may apply to the Administrative Official or the Planning and Zoning Commission. A variance shall be required for single-family homes or duplexes. A conditional use shall be required for all other uses. No application for variance or conditional use to the requirements of this Schedule may be considered by Administrative Official or the Planning and Zoning Commission unless a copy of the application has been provided the airport manager of Orlando Sanford International Airport for his review and advice as to aeronautical effects of the variance or conditional use. If the Orlando Sanford International Airport manager does not respond to the application for variance or conditional use within fifteen (15) days after receipt, the Administrative Official or the Planning and Zoning Commission may act on its own to grant or deny said application for a variance or conditional use, respectively.

2.

Criteria for Granting a Variance. No variance shall be approved solely on the basis that such proposed structure will not exceed federal obstruction standards as contained in 14 C.F.R. 77.11, 77.21, 77.23, 77.25, 77.28, 77.29, 77.5, 77.7, 77.9 or any other federal aviation regulation.

When determining whether to issue or deny a variance, the following shall be considered:

a.

The nature of the terrain and the height of existing structures.

b.

Public and private interests and investments.

c.

The character of flying operations and planned developments of the airport.

d.

Federal airways as designated by the Federal Aviation Administration.

e.

Whether the construction of the proposed structure would cause an increase in the minimum descent altitude or the decision height at the airport.

f.

Technological advances.

g.

Land use density or intensity.

h.

The safe and efficient use of navigable airspace.

i.

The cumulative effects on navigable airspace of all existing structures, proposed structures identified in the Sanford Comprehensive Plan and all other known proposed structures in the area.

3.

Documentation Required. Each person applying for a variance shall submit documentation showing compliance with the federal requirement for notification of proposed construction and a valid aeronautical evaluation.

(Ord. No. 3950, § 7(8.0), 8-8-2005; Ord. No. 4172, § 10, 5-11-2009; Ord. No. 4705, § 1(Exh. A), 8-22-2022)

1.

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 zone, horizontal zone, conical zone or transitional zone, unless a permit therefore shall have been applied for and granted by the Administrative Official or the Planning and Zoning Commission. However, a permit for a tree or structure of less that seventy-five (75) feet of vertical height above the ground shall not be required in the horizontal or conical zone or in any approach or transition zone beyond a horizontal distance or five thousand (5,000) feet from each end of the runway, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the respective zone.

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 and is consistent with the Interlocal Agreement among Seminole County, Florida and Sanford Airport Authority and City of Sanford, Florida regarding Airport Zoning. If such determination is in the affirmative, the permit applied for shall be granted.

2.

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 zone, horizontal zone, conical zone or transitional zone, a permit must be secured authorizing such replacement, change or repair from the Administrative Official or the Planning and Zoning Commission. 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 that it was on the effective date of this Schedule or than it is when the application for a permit for replacement, change or repair of existing use, structure or tree shall be granted if consistent with the Interlocal Agreement among Seminole County, Florida and Sanford Airport Authority and City of Sanford, Florida regarding Airport Zoning.

3.

Abandoned or Destroyed Nonconforming Use or Structure: Whenever the Administrative Official or the Planning and Zoning Commission determines that a nonconforming use or nonconforming structure or tree has been abandoned for a period of six (6) months or is more than eighty (80) percent torn down, destroyed, deteriorated or decayed, no permit shall be granted that would allow said structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations as required by this Schedule and is consistent with the Interlocal Agreement among Seminole County, Florida and Sanford Airport Authority and City of Sanford, Florida regarding Airport Zoning.

(Ord. No. 3950, § 7(9.0), 8-8-2005; Ord. No. 4705, § 1(Exh. A), 8-22-2022)

The Administrative Official, as determined by action of the City Commission, or the Planning and Zoning Commission shall have the administrative power to implement the provisions of this Schedule.

(Ord. No. 3950, § 7(10.0), 8-8-2005; Ord. No. 4705, § 1(Exh. A), 8-22-2022)

Editor's note— Ord. No. 4705, § 1(Exh. A), adopted Aug. 22, 2022, amended the title of § 10.0 to read as herein set out. The former § 10.0 title pertained to administrative agency.

Where this Schedule in conjunction with the Interlocal Agreement among Seminole County, Florida and Sanford Airport Authority and City of Sanford, Florida regarding Airport Zoning impose a greater or more stringent restriction upon the use of land than is imposed or required by any other ordinance or regulation, the provisions of this Schedule and the Interlocal Agreement among Seminole County, Florida and Sanford Airport Authority and City of Sanford, Florida regarding Airport Zoning shall govern.

(Ord. No. 3950, § 7(11.0), 8-8-2005; Ord. No. 4705, § 1(Exh. A), 8-22-2022)