HomeMy WebLinkAbout1260 ORDINANCE NO. 1260
AN ORDINANCE TO BE KNOWN AS THE AIRPORT AND
AIRSPACE HAZARD ZONING ORDINANCE, SAID
ORDINANCE PROVIDING FOR THE ESTABLISHMENT
OF AN AIRPORT ZONING COMMISSION AS AUTHORIZED
BY CHAPTER 333, FLORIDA STATUTES, AND AS SET
FORTH IN RESOLUTION NO. 1158 ADOPTED AUGUST 15,
1974, SAID RESOLUTION AUTHORIZING THE CREATION
OF AN AIRPORT ZONING COMMISSION.
THIS ORDINANCE HAS THE EFFECT OF CREATING AN
AIRPORT ZONING COMMISSION WHICH IS TO RECOMMEND
TO THE CITY COMMISSION THE BOUNDARIES OF THE
VARIOUS ZONES TO BE ESTABLISHED AND THE ZONING
REGULATIONS TO BE ADOPTED RELATIVE TO AIRSPACE
HAZARD ZONING, AND FURTHER TO PROTECT AERIAL
APPROACHES OF ANY AIRPORT LOCATED, IN WHOLE
OR IN PART, WITHIN THE CITY OF SANFORD: AUTHOR-
IZING THE APPOINTMENT AND CREATION OF THE
AIRPORT ZONING COMMISSION: PROVIDING GUIDELINES
AND STANDARDS TO BE CONSIDERED BY THE AIRPORT
ZONING COMMISSION IN MAKING RECOMMENDATIONS
TO THE CITY COMMISSION TO ESTABLISH BOUNDARIES
OF AIRPORT ZONING DISTRICTS AND IN DETERMINING,
ADOPTING, AMENDING, MODIFYING, REVISING, OR
CHANGING AIRPORT ZONING REGULATIONS: PROVIDING
FOR THE ADMINISTRATION AND ENFORCEMENT OF
AIRPORT ZONING REGULATIONS: CREATING A BOARD
OF ADJUSTMENT, PROVIDING FOR APPEALS IN CERTAIN
CASES AND AUTHORIZING SAID BOARD TO EXCERCISE
CERTAIN POWERS, SUBJECT TO GUIDELINES AND
STANDARDS IN CERTAIN CASES: PROVIDED THAT AIRPORT
ZONING REGULATIONS SHALL BE REASONABLE, HAVE
THE FORCE OF LAW, AND SHALL NOT INTERFERE
WITH ANY NON-CONFORMING USE: DEFINING CERTAIN
WORDS AND PHRASES: PROVIDING THAT AIRPORT
ZONING REGULATIONS AND ALL AUTHORITY GRANTED
SHALL BE KEPT ON FILE AT CERTAIN PLACES WHICH
SHALL BE OPEN TO PUBLIC INSPECTION: PROVIDING
FOR VIOLATIONS AND PENALTIES: PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford did~ on the
15th day of August 1974, adopt a resolution which now appears among the
records of the City Clerk of the City of Sanford Resolution No. 1158, and which
pertains to the matter of airport zoning as authorized by Chapter 333,
Florida Statutes, and
WHEREAS, it is the feeling and judgment of the City Commission
of the City of Sanford that there should be airport zoning regulations to
protect the aerial approaches of airports located, in whole or in part, within
the City of Sanford; and that under authority of Chapter 333° Florida Statutes,
there should 'be regulations adopted relating to the height of structures
and objects and natural growth and otherwise regulating the use of property
in the vicinity of airports located, in whole or in part, within the City of
Sanford; and
WHEREAS, it is the desire of the City Commission of the C[ty of
Sanford to create an Airport Zoning Commission in order that the enabling
legislation for the creating of such Zoning CommissKon shall conforn~ to
the requirements of Chapter 333, Florida Statutes, 1957, said Chapter being
the authority for the creation of such Commission, and
WHEREAS, it iS hereby found and declared that airport hazards
endanger the lives and property of users of airports and of occupants of
land in their vicinity, and al~o in effect reduce the size of the area available
for the landing, taking off and maneuvering of aircraft; thus tending to destroy
and impair the utility of airports and the public investment therein, and it
is in the interest of the public health, safety, order, security and general
welfare to prevent the establishment of airport hazards by means of airport
zoning regulations;
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE
CITY OF SANFORD, FLORIDA, AS FOLLOWS:
SECTION 1 Definitions
Unless the context otherwise requires, the following words or
phrases shall have the meanings set opposite them for any and all purposes
of this ordinance:
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(1) Aircraft means and includes balloons, airplanes, hydroplanes,
gliders and every other vehicle used for navigation thro ugh the air.
(2) Airport means any area of land or water, or both, designed
or set aside for the landing and taking off of aircraft, located, in whole or
in part, w~lh;ih the City of Sanford.
(3) Airport Hazard. Any structure or object of natural growth
or use of land which protrudes above or with the nav[gatable airspace.
(4) Airport elevation - the highest point of an airports usable
landing area measured in feet from mean sea level.
(5) Height. For the purpose of determining the highest limits
in all zones set forth in this ordinance and shown on the zoning map, the
datum shall be mean sea level unless otherwise specified.
(6) ALrport hazard means any structure, tree or use of land which
interferes with communications between an airport and aircraft approaching or
leaving the same or which obstructs the aerial approaches of an ai/'port or
which is otherwise hazardous to its use for landing or taking off of aircraft.
(7) Landing area means the area of an airport used for the
landing, taking off and taxiing of aircraft.
(8) Non-conforming means that which does not conform to any
ai/'port zoning regulations or rule or any amendment thereto, as of the
effective date of such regulations, rule or amendment.
(9) Person means any individual, firtoo copartnership0 corporation,
company, association, joint stock association, or 'body politic, and includes
any trustee, receiver, committee, assignee or other similar representatives
thereof.
(10) Structure means any object or thing constructed erected, placed
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or installed above the surface of the ground, including, but without limitation,
buildings, fences, derricks haystacks, poles, wires, towers and smokestacks.
(11) Tree means any object of natural growth.
SECTION 2 AirpOrt Zoning Cqrnm[s sKDn -- Created:
Composition: appointment of members.
The City Commission shall appoint an Airport Zoning Commission
to cinsist of five members, two of said members to be members of the Sanford
Airport Authority who are residents of the city of Sanford, and the other three
members shall be from the present membership of the City Zoning and Planning
Commission. The members of the Commission shall serve without compensation
and at the pleasure of the City Commis§ion. The Commission members shall
elect a chaLrman by majority vote of the members of the Commission.
SECTION 3 AdSption of Rules
The Airport Zoning Commission shall adopt whatever rules as it
deems necessary for the conduct of its business, and meetings of the Commission
shall be held at the call of the chairman and at such thnes as a majority of
the Commission may determine. All meetings of the ALrport Zoning Commission
shall be open to the public. The Commission shall keep minutes of its
proceedings and shall keep records of its official actions as a matter of public
record.
SECTION 4 Power of authority of Airport Zoning Commission
Subject to the applicable rules, restrictions, guides and standards
established by this ordinance, the Airport Zoning Commission shall recommend
to the City Commission the boundaries of the various zones to be established and
the regulations to be adopted therefor. The Commission shall make a
preliminary report and hold public hearings thereon before submitting its final
report to the City Commission, and upon receipt of said final report the City
Commission shall hold a public hearing, said public hearing to be held at least
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fifteen (15) days after the receipt of the final report of the Airport Zoning
Cornmiss[on° After such public hearing before the City Commission, the City
Commission shall take official act[on to approve or disapprove the report of the
Airport Zoning Commission and in the event of approval shall authorize the
adoption of an appropriate ordinance.
The Airport Zoning Commission may from time to time thereafter make
further recommendations as to the amendments of the boundaries of the various
zones and amendments to regulations and shall make a report to the City
Cornmiss[on of such recommendations in accordance with the provisions of the
sibove paragraph.
The Airport Zoning Commission shall have an executive secretary, and
the Airport Manager of the Sanford Airport is hereby designated as the
executive secretary of the Airport Zoning Commission.
SECTION 5 Establishing boundaries of d[str~ts: amending
revising, modifying, etc., zon[ng:?regulat[0ns or
restr ict[ons.
In establishing boundaries of a~rport zoning districts0 or in delterrnLning,
adopting, amending, revising, modifying, supplementing or changing any aL~port
zoning regulations or restrictions, the Airport Zoning Commission, for its
guidance, among other things, shall give cc~ls[deratio.n to the following:
(1) The character of the flying operations conducted or expected to
be conducted at the particular airport;
(2) The nature and topography of the terrain in the vicinity of the
particular airport;
(3) The height of existing structures and trees on and in the vicinity
of the particular airport;
(4) The possibility of lowering or removing existing structures or
trees in the vicinity of the particular airport;
(5) The views of the federal agency charged with the fostering of
civil aeronautics as to the aerial approaches necessary to safe flying operations
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at the particular airport;
(6) The hazards, risks and dangers of aerial traffic at the
particular airport;
(7) The type, size, weight and load capacity of aircraft using or
which may use the particular airport;
(8) The weather conditions generally prevailing in the vicinity
of the particular airport;
(9) The size and layout of the landing area of the particular airport;
(10) The present and future needs of the inhabitants of the city with
reference to the use of the particular airport for public transportation.
SECTION 6 Construction, repair, e!c,, of buLldingS and use
of land to comply with district regulations.
No person shall establish or construct any new structure or make
any new use of any land or replace any existing structure o~make any new
use of any land or structure or make any substantial change therein or thereon
or substantial repai~Is thereto, located in any particular airport zoning district,
in violations of any aLeport zoning regulation or rule applicable to such
particular airport zoning district.
SECTION 7 Permits -- When required.
Before any non-conforming structure or tree may be replaced,
substantially altered or repaired, rebuilt, allowed to grow higher or replanted,
the owner thereof shall secure from the exect~tive secretary of the ~irpDrt
Zoning Commission the manner provided in this articl~e, a permit authorizing
such replacement, change, or repair before any work is started.
SECTION 8 Application.
Before any person shall establish or contract any new structure or make
any new use of any land or replace any existing structure or make any new use
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· of land or structure located ha any airport zoning district, or shall make any
substantial change '~herefn or thereon or substantial repair thereto, the
owner of such structure, tree, as provided for ha the preceding section,
or }and shall file an application with the executive secretary of the ia/rport
Zoning Commission for a permit to do so and shall secure such permit
before commenchag any work in cbnn'ec:~ion therewith. Each application for
a permit shall contaha such haformation and be accompanied by such plats,
drawings and other data as may be necessary to enable the executi~,e secretary
to determhae whether or not the proposed operation or project will comply with
all ~pplicable aLrport zonhag reEulations.
If any proposed operation or project, for which an application for
a permit ~s filed, does not conform with the provisions of any applicable
airport zoning regulation or rule, the application shall be disapproved by the
executive secretary, who shall notify'the applicant ha writhag to that effect,
with the reasons for the disapproval. In cases where the board of adjustment
fs authorized to grant special exceptions or variances from the applicable
atrport zonhag regulations, such application shall be transmitted forthwith
by the executive secretary to the board of adjustment for its action and such
application shall be returned to the executive secretary with the action of the
board noted in writhag. If such application fs disapproved by the board of
adjustment, the board shall forthwith notify the app]:icant to that effect.
SECTION 9 Granted as right for replacement, change,
etc., of structures and trees: exception.
All permits shall be granted as a matter of right for the replacement,
change or repair of non-conforming uses, structures or trees, except in those
cases herehabefore specifically mentioned.
SECTION 10 When not to be granted.
No permit as required by this ordinance shall be granted that will
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allow the structure or tree in question to be made or become higher or
become a greater hazard to 'air navigation than it was when the applicable
airport zoning regulation was adopted.
SECTION 11 Compliance with zoning ~egulati~onS
required prior to issuance.
The executive secretary of the Airport Zoning Commission shall
not issue any permit required by section 7 of this ordinance° unless all
airport zoning regulations or rules applicable to the particular airport zoning
district in which the structure, tree or land is located, shall be fully complied
with.
SECTION 12 Enforcement of airport zoning regulations,
The executive secretary of the 'A'irpor't 'Zoriing Commission is
hereby authorized and empowered to administer and enforce all of the airport
zonhng regulations, but the executive secretary or administrative agency
in excercising any or all of the power and authority hereby delegated to them
shall at all times and in all respects comply with all the terms, conditions and
provisions contained in sections 333.01 to 333.14, Florida Statutes, and
the airport zoning rules and regulations.
SECTION 13 Correction, abatement° etc., of unlawful
action or condition.
In case any of the operations or projects mentioned in this
ordinance are performed in violation of any applicable zoning regulation or
rule, the executive secretary, in addition to other remedies, may institute
or cause to be instituted, any~appropriate action or proceeding to prevent,
restrain, correct or abate such unlawful action or condition.
SECTION 14 Board of adjustment -- Created: powers generally.
There shall be a board of adjustment, which shall have and excercise
all of the powers contained in section 333.10o Florida Statutes.
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The board of adjustment shall consist of five members who shall
be appointed by the C~ty Commission and shall serve at the pleasure of the
City Commission. The present members of the City of Sanford Board of
Adjustment shall constitute the initial membership of the Board of Adjustment
established under th~s ordinance. The Board of Adjustment shall be subject
to and comply with all the applicable terms and provisions contained in sections
333.01 to 333.14~ Florida Statutes, and in thi-s ordinance:
The members of the Board of Adjustment shall be residents of
the city. The chairman of such board shall be d~ignated 'by the members of
said board. Vacancies on such board shall be filled in the same manner as
original members are appointed for the unexpired term of any member whose
term becomes vacant and any member of the Board of Adjustment shall serve
until his successor takes office.
The Board of Adjustment is hereby authorized to app6int a secretary
of such board and such other assistants as may 'be necessary for the purposes
of proper performance of the duties and business of such 'board.
SECTION 15 Variances.
Yhe lB oard of Adjustment is hereby authorized and empowered to hear,
decide and grant specific variances from airport zoning regulations in cases
of practical difficulty or unnecessary hardship after public notice has 'been
given in connection therewith. Any person deskring to erect any structure or
increase the height of any structure, or permit the growth of any tree or other-
wise use his property in violation of any airport zoning regulations may make
application in the manner provided in this ordinance for a variance from the
airport zoning regulations in question. In all applications for variance permits
arising under this ordinance, such variances shall be allowed where a literal
application or enforcement of the regulations would result in practical difficulty
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or unnecessary hardship and the relief granted would not be contrary to the public
interest but do substantial justice and be in accordance with the spirit of the
regulations and this ordinance. ~Provided, that any variance may be allowed
subject to any reasonable conditions that the Board of Adjustment may deem
necessary to effectuate the purposes of this airport zoning law. The Board of
Adjustment shall act as a fact finding body and as a guide to its decision, it shall
g~ve consideration, among other things, to the rules, ~egulations, restrictions,
guides and standards set forth in sections 333.01 to 333.14, Florida Statutes, in
this ordinance and in the a~rport zoning rules and regulations, and especially to
the following:
(1) The guides and standards set forth in section 5 of this ordinance.
(2) The height and width or proposed height and width and use or
proposed use of the particular structure or tree in connection with which a
variance from the aLPport zoning regulations is being requested.
(3) Whether or not the particular structure or tree will create or
become an airport hazard.
(4) Whether or not the issuance of such permit will result in
endangering the public health, safety, security, or order.
SECTION 16 Hazard marking and lighting.
in granting any permit or variance under ~h~s ordinance, the Board of
Adjustment may if ~t deems such action adv~sableo in order to effectuate the
purposes of this ordinance to condition such permit or variance to require the
owner of the structure or 'tree in question to permit the City of Sanford at the
expense of the owner of such structure or tree to install, operate and maintain
such markers and lights as may be necessary to indicate to flyers the presence
of an airport hazard.
SECTION 17 Appeals from dec~Si6ns taken t0cou~ ~record.
Any and all appeals which may be taken from a decision of the
board of adjustment to a court of record as indicated in section 333.11,
Florida Statutes, shall be f~led in the appropriate Circuit Court, and the
City Commission of the city shall have the right to take an appeal from a
decision of the board of adjustment in the manner indicated in section 333.11
of the above-mmtioned Act.
SECTION 18 Airport zoning r~gula. tions tobe.~eaS0nable and
have full force of law.
Any and all airport zoning regulations adopted or promulgated under
the power and authority contained in Chapter 333, Florida Statutes, or in
this article shall be reasonable and shall have full force of law, and none
shall require the removal, lowering or other change or alteration of any
structure or trees not conforming to airport zoning regulations, when adopted
or revised, or otherwise interfere with the continuance of any non-conforming
use.
SECTION 19 Availability of airport zoning regulations.
The airport zoning regulations adopted pursuant to the power and
authority contained in Chapter 333, Florida Statutes, and in this article shall
be so arranged so that all of the ordinances applicable to airport zoning
may be found in the office of the City Clerk of the City of Sanford. A true
and correct copy of any and all such ordianances pertaining to airport
zoning shall be kept on file at all times in the office of the executive secretary
of the airport zoning commission, which shall be open to inspection by the
public at all times during regular office hours.
SECTION 20 Enforcement and remedies.
(1) Each violation of this airport zoning law or of any regulations,
orders or rulings° promulgated or made pursuant to th~s article° shall
constitute a misdeameanor, and shall be punishable by a f~ne of not more than
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five hundred dollars, or by imprisonment in the county jail for not more than
six months, or by both fine and imprisonment, and each day a violation
continues to exist shall constitute a separate offense.
(2) In addit[on the City Commission may institute in any court of
competent jurisdiction, an act[on to prevent, restrain, correct or abate any
violation of this ordinance, or of airport zoning regulations adopted under this
ordinance, or of any order or ruling made in connect[on with their administration
or enforcement, and the court shall adjudge to the plaintiff such relief, by way of
injunction (which may be mandatory) or otherwise, as may be proper under all
the facts and circumstances of the case, in order to fully effectuate the purposes
of this ordinance and of the regulations adopted and orders and rulings made
pursuant thereto.
SECTION 2 1
In any sect[on, sub-section, sentence, clause° phrase or port[on
of this ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction such port[on shall be deemed a separate, distinct
and independent provision and such holding shall not effect the validity of the
remaining port[on hereof.
SECTION 22
That this ordinance shall become effective immediately upon its
passage and adoption.
THIS
ORDINANCE PASSED AND ADO E this l__2th day of
November , 1974.
Mayor
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CERTIFICATE
I, H. N. Tamm, Jr., City Clerk of the City of Sanford, Florida, do
hereby certify that a true and correct copy of the foregoing Ordinance
No. 1260, PASSED and ADOPTED by the City Commission of the City of San-
ford, Florida, on the 12th day of November, 1974, was POSTED at the front
door of the City Hall in the City of Sanford, Florida, on the 13th day of
November, 1974.
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