(a)

The purpose of this chapter is to establish reasonable airport zoning regulations to implement the provisions of federal and state law related to airport zoning; ensure adequate airspace protection for, and compatibility of land use with, continuation of normal and routine operation of the Vero Beach Regional Airport; protect the public health, safety, and welfare in the vicinity of the airport by minimizing the exposure to hazards and noise levels generated by aircraft operations; and to provide a process to issue or deny permits and enforcement thereof for airport obstructions.

(b)

The following definitions apply to this chapter:

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

Airport hazard: 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: Any area upon which an airport hazard may be established.

Airport layout plan: 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 protection overlay zone: A protected imaginary surface zone that includes all land lying beneath the primary, approach, transitional, horizontal and conical surfaces of the Vero Beach Regional Airport, in accordance with the FAA's definition of these surfaces.

Aviation easement: An easement permitting unimpeded aircraft flights in the airspace above or in the vicinity of a particular property.

Noise impact zone: The area extending from the edge of pavement of each runway of the Vero Beach Regional Airport, a distance equal to one-half the length of the longest runway. The noise impact zone is depicted on the noise impact zone map, on file at both the e planning director's and airport director's offices.

Obstruction. 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:

(a)

Any object of natural growth or terrain; or

(b)

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

(c)

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 approach surface: A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the runway.

Runway approach surface zone: The two-dimensional trapezoidal area on the land below the runway approach surface of each runway at the Vero Beach Regional Airport as defined by the Federal Aviation Administration (FAA). The runway approach surface is depicted on the airport layout plan map and airport airspace drawing in the airport master plan and is incorporated by reference and made part of this title. A copy of the airport master plan is on file at both the planning director's and airport director's offices.

Runway protection zone: The two-dimensional trapezoidal area at the approach end of each runway at the Vero Beach Regional Airport as defined by the Federal Aviation Administration and depicted on the airport layout plan map. The term "Runway Protection Zone (RPZ)," as defined herein and used in this chapter, is intended to mean the same as defined in F.S. Ch. 333.01. The RPZ is depicted on the airport layout plan map in the airport master plan and is incorporated by reference and made part of this title. A copy of the airport master plan is on file at both the planning director's and airport director's offices.

Runway object free area: A component of the RPZ which is defined as the two-dimensional ground area surrounding each runway at the Vero Beach Regional Airport as defined by the Federal Aviation Administration and extending a fixed distance into the RPZ as depicted on the airport layout plan map.

Substantial modification: 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.

(Ord. No. 95-16, § 1, 6-20-1995; Ord. No. 2017-13, § 2, 9-19-2017; Ord. No. 2019-07, § 3, 5-21-2019)

Where there exists a conflict between any of the requirements or limitations prescribed in this chapter and any other requirements, regulations or zoning applicable to the same area, this chapter controls.

(Ord. No. 95-16, § 1, 6-20-1995; Ord. No. 2017-13, § 2, 9-19-2017)

Prior to the issuance of a building permit for construction of a new residential building or addition or the substantial improvement of an existing residential building in the noise impact zone, the property owner shall:

(a)

Grant an aviation easement to the City of Vero Beach, as owner and operator of the Vero Beach Regional Airport, a right to continue to operate the airport as a public transportation facility in accordance with federal and state laws, despite potential nuisance effects upon uses that may be established in close proximity to the airport; or

(b)

Provide soundproofing sufficient to achieve an outdoor to indoor noise level reduction of 25 decibels. Soundproofing work shall be performed by a person or firm qualified to do such work and shall meet any applicable city, state or federal law requirements. Written verification shall be submitted to the city planning and development department that the residential structure is so designed and constructed prior to the issuance of the certificate of occupancy.

(Ord. No. 95-16, § 1, 6-20-1995; Ord. No. 2017-13, § 2, 9-19-2017)

(a)

To carry out the provisions of this chapter, there are hereby created and established, pursuant to Subpart C of 14 CFR Part 77, certain protected imaginary surface zones that include all land lying beneath the primary, approach, transitional, horizontal and conical surfaces of the Vero Beach Regional Airport. These imaginary surfaces provide the vertical boundaries for the airport protection overlay zone used in determining existing and potential obstructions penetrating airspace subject to city and FAA review.

(b)

The imaginary surfaces are described and displayed in the Vero Beach Airport Layout Plan of the Airport Master Plan. The airport protection overlay zone is incorporated by reference and made part of this title. A copy of the airport protection overlay zone is on file at both the planning director's and airport director's offices.

(c)

Any proposed construction or alteration that equals or exceeds the height limits of the imaginary surfaces depicted by the primary, approach, transitional, horizontal, and conical zones of the airport protection overlay zone shall be prohibited unless approved by FAA.

(d)

Any proposed construction or alteration that is determined to interfere with the flight navigation within the runway approach surface of the airport protection overlay zone shall be prohibited unless approved by FAA.

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

Editor's note— Ord. No. 2017-13, § 2, adopted September 19, 2017, renumbered § 68.04 and § 68.05.

Construction and compatible uses within the runway protection zone (RPZ) shall meet the requirements as defined under F.S. § 333.03 and applicable restrictions in accordance with Federal Aviation Administration Advisory Circular 150/5300-13 as amended or superseded. There shall be no structures or use other than open space in the object free area (OFA).

(Ord. No. 95-16, § 1, 6-20-1995; Ord. No. 2017-13, § 2, 9-19-2017)

Editor's note— Ord. No. 2017-13, § 2, adopted September 19, 2017, repealed § 68.05 and renumbered § 68.04 as § 68.05. Former § 68.05 pertained to Federal Aviation Administration obstruction standards and derived from Ord. No. 95-16, adopted June 20, 1995.

No use of land within the runway approach surface zone shall occur in such a manner as to create interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in anyway endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(Ord. No. 2019-07, § 3, 5-21-2019)

Editor's note— Ord. No. 2019-07, § 3, adopted May 21, 2019, renumbered §§ 68.06—68.09 as §§ 68.07—68-10.

A person shall file a completed FAA Form 7460-1, Notice of Proposed Construction or Alteration with the FAA for any of the following types of construction or alteration:

(a)

Any construction or alteration that is more than 200 feet above ground level (AGL):

(b)

Any construction or alteration that exceeds an imaginary surface extending outward and upward of the following slope—100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway;

(c)

Any construction or alteration requiring site plan review, pursuant to Chapter 64 and is in the runway approach surface zone; and

(d)

Other types of construction or alteration identified in section 77.9, 14 CFR Part 77, Safe, Efficient Use, and Preservation of Navigable Airspace, as amended or superseded.

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

Note— See editor's note, § 68-06.

(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.

Appeals of the administrative decisions of the planning director shall be acted upon by the planning director in accordance with the provisions of section 66.04 of this title.

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

Note— See editor's note, § 68-06.

Variances to the provisions of this chapter shall be acted upon by the planning and zoning board in accordance with the provisions of section 66.04 of this title.

(Ord. No. 95-16, § 1, 6-20-1995; Ord. No. 2012-05, § 5, 4-3-2012; Ord. No. 2017-13, § 2, 9-19-2017; Ord. No. 2019-07, § 3, 5-21-2019)

Note— See editor's note, § 68-06.