(a)

Administration and enforcement It shall be the duty of the city planning director in coordination with the airport director to administer and enforce the requirements of this chapter.

(b)

Permit required: Any person proposing to construct, alter, or allow an obstruction in the airport protection overlay zone, runway protection zone, or runway approach surface zone must apply for a development permit pursuant to chapter 64 of this title. Such permit may not be issued if it would allow the establishment or creation of an airport hazard or if it would permit a nonconforming obstruction to become a greater hazard to air navigation.

(c)

Permit application: In addition to the standard submittal documents associated with a development permit application, all permit applications under this chapter shall include documentation showing compliance with the federal requirement for notification of proposed construction or alteration of structures and a valid aeronautical study conducted in accordance with the standards of 14 CFR, part 77, subpart C and FAA policy and guidance.

(d)

Review criteria: In addition to other provisions of this title for development permit approval, the following criteria shall be considered when determining whether to issue or deny a permit:

(1)

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

(2)

The safe and efficient use of navigable airspace;

(3)

The nature of the terrain and height of existing structures;

(4)

The effect of the construction or alteration on the state licensing standards for a public-use airport contained in F.S. chapter 330, and rules adopted there under;

(5)

The character of existing and planned flight operations and developments at the Vero Beach Regional Airport;

(6)

Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designed by the FAA;

(7)

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

(e)

FDOT review. Upon receipt of a complete permit application a copy of the application shall be provided to the Florida Department of Transportation (FDOT) Aviation Office by certified mail, return receipt requested, or by a delivery service that provides a receipt evidencing delivery. Pursuant to F.S. § 333.025(4), the FDOT shall have 15 days to review the application and provide comments, if any, to the city, said time running concurrently with the review of the application by the city.

(f)

Hazard marking and lighting: The owner of a permitted obstruction shall be required to install, operate, and maintain thereon, at his or her own expense, marking and lighting in conformance with the specific standards set forth by the FAA.

(g)

Landfills: Landfills are prohibited within the corporate limits of the city.

(h)

Residential uses and educational facilities: Residential uses and educational facilities, with the exception of aviation school facilities, are prohibited within the 65 decibel day-night average sound level (DNL) noise contour as adopted in the most recent Vero Beach Regional Airport FAR Part 150 Noise Study.

(i)

Exemptions: Notwithstanding any provisions herein, the following activities and structures shall be exempt from the permitting requirements of this chapter:

(1)

Existing structures that received construction permits from the Federal Communications Commission that exceed federal obstruction standards before May 20, 1975. A permit is not required pursuant to this chapter for any necessary replacement or repairs to such existing structures if the height and location are unchanged.

(2)

Nonsubstantial modifications to existing structures provided that the principal use of the property has not been discontinued for a period of no less than 180 consecutive days.

(3)

Cranes, construction equipment, and other temporary structures in use or in place for a period not to exceed 18 consecutive months are exempt from review by the Florida Department of Transportation, unless required by that agency or by the FAA.

(Ord. No. 2017-13, § 2, 9-19-2017; Ord. No. 2019-07, § 3, 5-21-2019)

Note— See editor's note, § 68-06.