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2413 Interlocal Agreement - Airport Zoning OrdinanceINTERLOCAL AGREEMENT AMONG SEMINOLE COUNTY, FLORIDA AND SANFORD AIRPORT AUTHORITY AND CITY OF SANFORD, FLORIDA REGARDING AIRPORT ZONING ORDINANCE THIS INTERLOCAL AGREEMENT is made and entered into this 1st day of March, 2022, by and among Seminole County, Florida, a Charter County and political subdivision of the State of Florida ("Seminole County"), whose address is 1101 East First Street, Sanford, Florida 32771; the Sanford Airport Authority, a public agency and dependent special district of the State of Florida authorized by Chapter 71-924, Laws of Florida, as amended by as amended by Chapter 2005-306, Laws of Florida ("SAA"), whose address is 1200 Red Cleveland Boulevard, Sanford, Florida 32773; and the City of Sanford, Florida a municipal corporation created and existing under the laws of the State of Florida ("Sanford"), whose address is 300 North Park Avenue, Sanford, Florida 32771; referred to herein collectively as the "Local Governments" and each as a "Local Government," RECITALS WHEREAS, the Local Governments recognize their respective obligations, in the interest of the public health, safety, and general welfare to prevent the creation of airspace hazards and the use of land that is incompatible with the airport operated by the SAA and known as the "Orlando Sanford International Airport" (the "Airport"); and WHEREAS, Section 333.03, Florida Statutes, requires every political subdivision that has an airport hazard area within its territorial limits, to adopt, administer, and enforce a set of airport protection land development regulations; and I I P a g e WHEREAS, Section 333.03, Florida Statutes, further requires that when an airport is owned or controlled by a political subdivision and if any other political subdivision has land upon which an obstruction may be constructed or altered which underlies any surface of the airport as provided in Title 14, Code of Federal Regulations, Part 77, Subpart C, the political subdivisions adopt, administer, and enforce a set of airport protection land development regulations; and WHEREAS, Sections 333.03 and 333.025, Florida Statutes, require airport zoning protection land development regulations be adopted either by means of an Interlocal Agreement or by enactment of an ordinance or regulation, or the adoption of a resolution; and WHEREAS, Sections 333.03 and 333.025, Florida Statutes, further require that such airport zoning protection land development regulations provide for a permitting process for the construction or alteration of any obstruction, including providing documentation showing compliance with the federal requirement for notification of proposed construction or alteration of structures and a valid aeronautical study submitted by each person applying for a permit and the criteria that must be considered when determining whether to issue or deny a permit; and WHEREAS, the Local Governments have jurisdiction over all public airports within their limits and therefore have the power to prepare, adopt, and enforce these land development regulations pursuant to Chapter 333, Florida Statutes, as amended, and such other authorities and provisions established in statutory or common law; and WHEREAS, the Florida Interlocal Act of 1969, as amended, Section 163.01, Florida Statutes, provides that a joint exercise of power by public agencies may be made 2 1 P a g e by a binding agreement in the form of an interlocal agreement; and WHEREAS, each of the Local Governments have authority pursuant to Section 163.01, Florida Statutes, to enter into interlocal agreements; and WHEREAS, the Local Governments to this Interlocal Agreement desire to collaborate in the establishment of airport protection land development regulations for the Airport property as currently outlined in the map attached hereto as Exhibit "1" and incorporated herein by this reference, in fulfillment of the foregoing statutory requirements. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, to include the mutual terms, conditions, promises, and covenants hereinafter contained, the Local Governments agree as follows: SECTION 1. RECITALS. The Local Governments acknowledge the recitals herein to be true and correct and form a material part of this Interlocal Agreement and the Local Governments agree to be bound by each and every of the terms thereof, which recitals and terms are incorporated herein by this reference and which the Local Governments shall perform. SECTION 2. AUTHORITY. This Interlocal Agreement is a Florida Interlocal Cooperation Agreement negotiated, executed, and to be implemented expressly under the authority of the Florida Interlocal Act of 1969, as amended, Section 163.01, Florida Statutes. The Local Governments hereby, and, accordingly, may exercise, jointly and bilaterally, those powers that each may exercise separately within the respective jurisdiction of each Local Government to prepare, adopt, and enforce these land development regulations pursuant to Chapter 333, Florida Statutes, as amended. The 3IPc,;._ Local Governments each hereby represents, warrants, and covenants to and with the other that this Interlocal Agreement has been validly approved by its respective governing body at a duly held public meeting, and that this Interlocal Agreement constitutes a legal, valid, and binding contract enforceable in accordance with the terms hereof. SECTION 3. DUTIES OF THE LOCAL GOVERNMENTS. The Local Governments shall have the duty to adopt Airport Protection Zoning Land development regulations as set forth in Exhibit "2," attached hereto, and to perform their respective obligations pursuant to such Airport Protection Zoning Land development regulations for the Airport, including, but not limited to, Chapter 333, Florida Statutes. SECTION 4. TERM. The term of this Interlocal Agreement shall be from the first day of the first month following execution of this Interlocal Agreement and shall continue until Sanford and Seminole County have enacted ordinances implementing the provisions of this Interlocal Agreement. SECTION 5. RELATIONSHIP OF THE LOCAL GOVERNMENTS. The Local Governments' relationship is such that no Local Government hereto shall function or operate as the agent of the other. SECTION 6. UNDERSTANDING OF THE LOCAL GOVERNMENTS. It is the understanding of the Local Governments to protect themselves from the liability exposure to claims from the actions taken herein and each Local Government shall rely upon the doctrine of sovereign immunity to the maximum extent permitted under controlling law. SECTION 7. COMMUNICATION. The Local Governments hereby commit to the implementation and maintenance of clear and open communication in order to further the 4IP",= purposes of this Interlocal Agreement. SECTION 8. ASSIGNABILTIY/NO THIRD -PARTY BENEFICIARIES. (a). This Interlocal Agreement is not assignable. No Local Government shall assign this Interlocal Agreement or the rights and obligation to any other Local Government. (b). Third parties shall not be the direct or indirect beneficiaries of any of the agreements, terms, covenants or promises herein contained. To that end, this Interlocal Agreement is solely for the benefit of the Local Governments herein, and no right or cause of action shall accrue upon or by reason hereon, to or for the benefit of any third party not a formal party hereto. SECTION 9. NOTICES. All notices or other communication required or permitted to be given pursuant to this Interlocal Agreement shall be in writing and shall be construed as properly given if mailed by registered or certified mail with return receipt requested and a copy sent via electronic mail. It is agreed that notice so mailed shall be reasonable and effective upon the expiration of 3 business days after its deposit. Notice given in any other manner shall be effective only if and when received by the addressee. For purposes of notice, the addresses of the Local Governments shall be the address as follows: For the City: Norton N. Bonaparte, Jr., ICMA-CM City Manager City of Sanford City Hall 300 North Park Avenue 51 a Sanford, Florida 32771 Email: Norton. Bonaparte@Sanfordfl.gov With a copy to: William L. Colbert, Esquire City Attorney City of Sanford 300 International Parkway Suite 100 Lake Mary, Florida 32746 Email: wlcolbert@stenstrom.com For Seminole County: Joseph R. Abel Interim County Manager County Services Building 1101 East First Street Sanford, Florida 32771 Email: jabel@seminolecountyfl.gov With a copy to: A. Bryant Applegate, Esquire County Attorney Seminole County Services Building 1101 East First Street Sanford, Florida 32771 Email: bapplegate@seminolecountyfl.gov For the SAA: Tom Nolan President Sanford Airport Authority Orlando -Sanford International Airport 1200 Red Cleveland Boulevard Sanford, Florida 32773 Email: tnolan@osaa.net With a copy to: Kenneth W. Wright, Esquire General Counsel Sanford Airport Authority 6 1 P a g e 300 South Orange Avenue Suite 1600 Orlando, Florida 32835 Email: Kwright@shutts.com SECTION 10. DEFAULT. (a). In the event of default by a Local Government, the other Local Governments shall be entitled to any and all legal remedies available under Florida law. (b). Each of the Local Governments hereto shall give the other Local Government written notice of any defaults hereunder and shall allow the defaulting Local Government 30 days from the date of receipt to cure such defaults. SECTION 11. SEVERABILITY. If any part of this Interlocal Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Interlocal Agreement if the rights and obligations of the Local Governments contained therein are not materially prejudiced and if the intentions of the Local Governments can continue to be affected. To that end, the terms of this Interlocal Agreement are declared severable. SECTION 12. TIME OF THE ESSENCE. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Interlocal Agreement. SECTION 13. APPLICABLE LAWIVENUE. This Interlocal Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Venue for any legal proceeding related to this Interlocal Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. 7 1 P a g e SECTION 14. COMPLIANCE WITH LAWS. Each Local Government shall comply with all provisions of controlling law in the implementation of this Interlocal Agreement. SECTION 15. ATTORNEY FEES. In the event it becomes necessary to institute legal action to enforce any of the terms of this Interlocal Agreement, the prevailing Local Government shall be entitled to recover all out-of-pocket expenses and costs and all reasonable attorneys' fees, paralegal fees and associated fees and costs from the date of filing until the termination of litigation whether incurred at trial, on appeal, or otherwise. SECTION 16. EFFECTIVE DATE. This Interlocal Agreement shall take effect when fully executed by each of the Local Governments. SECTION 17. FAILURE TO ENFORCE NOT WAIVER OF RIGHT. Failure by a Local Government to enforce any provision contained herein shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to any breach occurring prior or subsequent thereto. To that end, no waiver of any clause of this Interlocal Agreement or of the breach thereof shall be taken to constitute a waiver of any subsequent breach of this Interlocal Agreement, nor to justify or authorize the non- observance of any other occasion of the same or any other agreement nor shall any waiver or indulgence granted by a Local Government to the other be taken as an estoppel against the Local Government. SECTION 18. CONFLICT OF INTEREST. The Local Governments agree that they will not engage in any action that would create or cause a conflict of interest in the performance of its obligations pursuant to this Interlocal Agreement by the other Local Governments, or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government or create or cause a 81 Page violation of said provisions of law by and officer, employee or agent of the other Local Governments. SECTION 19. FURTHER DOCUMENTS. Each of the Local Governments hereto hereby agree that they will execute and deliver such further instruments and do such further acts and things as may be necessary or desirable to carry out the purpose of this Interlocal Agreement. SECTION 20. RECORDS. Should any Local Government receive a public record request pursuant to Chapter 119, Florida Statutes, concerning (i) this Interlocal Agreement, (ii) the Airport Protection Zoning Land Development Regulations or (iii) the process outlined therein, then each Local Government shall promptly provide the other Local Governments with a copy of any request and shall promptly provide the other Local Governments with a copy of the responses to any such request. SECTION 21. CAPTIONS. Sections and other captions contained in this Interlocal Agreement are for reference purposes only and are in no way intended to describe, interpret, define, or limit the scope, extent or intent of this Interlocal Agreement, or any provision hereto. SECTION 22. FORCE MAJEURE. The obligations hereunder shall be subject to the concept of force majeure. Accordingly, in the event of Acts of God, riot, weather disturbances, permitting, war, terrorism, cyber breaches, civil disobedience, geologic subsidence, electrical failure, malfunctions, epidemic, pandemic and events of a similar nature, the obligations shall be excused until the cause or causes thereof have been remedied. 91 Page SECTION 23. INTERPRETATION. The Local Governments agree that all words, terms and conditions contained herein are to be read in concert, each with the other, and that a provision contained under any heading may be considered to be equally applicable under another in the interpretation of this Interlocal Agreement. This Interlocal Agreement is the result of bona fide arm's length negotiations between the Local Governments and all Local Governments have contributed substantially and materially to the preparation of this Interlocal Agreement. This Interlocal Agreement shall not be construed more strictly against any Local Government on the basis of being the drafter thereof, and all Local Governments have contributed to the drafting of this Interlocal Agreement. All provisions of this Interlocal Agreement shall be read and applied in para materia with all other provisions hereof. SECTION 24. MODIFICATION. This Interlocal Agreement may not be amended, changed, or modified, and material provisions hereunder may not be waived, except by a written document, of equal dignity herewith executed by all Local Governments to this Interlocal Agreement. SECTION 25. COUNTERPARTS. This Interlocal Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. SECTION 26. ENTIRE AGREEMENT: EFFECT ON PRIOR AGREEMENT. This instrument constitutes the entire agreement between the Local Governments and supersedes all previous discussions, understandings, and agreements between Local Governments relating to the subject matter of this Interlocal Agreement. Amendments to 101 Page and waivers of the provisions herein shall be made by the Local Governments in writing by formal amendment. IN WITNESS WHEREOF, the Local Governments hereto have entered this Interlocal Agreement and executed and delivered this instrument on the days and year indicated below and the signatories below hereby represent that they have full authority to execute this Interlocal Agreement and to bind the Local Governments set forth herein. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SIGNATURE BLOCKS FOLLOW: 111 Page Grant aloy Clerk of Circuit ourt Approved as to form and legality: A Bryant Applegate, Esquire County Attorney SEMINOLE COUNTY By: Bob Drthe ri Chair Date: ATTEST.• SAA Kennet Bentley e6Wife ne Sec r a /Tres rerliairmamf the Board Date: -3 - 1 - aa- as to finality: _i 0Y/. Wright, Esqui ral Counsel ATTEST: CITY O SANFORD Traci Houchin, MMC, F M ArtA446ru City Clerk Mayor Date: Approved as to form and legality: William L. Colbert, City Attorney Commissioners 12 1 Page EXHIBIT 1 AIRPORT VICINITY (10-MILE BUFFER) MAP 13 1 P �, L_ :v Lid O r EXHIBIT 2 AIRPORT PROTECTION ZONING LAND DEVELOPMENT REGULATIONS Title. These land development regulations will be known and may be cited as "Airport Zoning Land Development Regulations for the Orlando Sanford International Airport." Authority. (a). Seminole County/The City of Sanford has land use jurisdiction over all lands located within its jurisdictional limits. (b). Seminole County/The City of Sanford has the power to prepare, adopt and enforce these land development regulations pursuant to Chapter 333, Florida Statutes, as amended from time -to -time. These land development regulations apply to all land within the jurisdictional limits of Seminole County/the City of Sanford except to the extent that may be preempted by controlling State or Federal law. (c). The Sanford Airport Authority is required by Federal Aviation Administration regulations to protect the airspace surfaces being regulated herein. Legislative Findings and Intent. (a). The Board of County Commissioners of Seminole County/City Commission of the City of Sanford hereby declares and finds that use of lands within the County/City in relation to the Orlando Sanford International Airport's facilities could impact the orderly development and the health, safety, order, convenience, prosperity, and welfare of the present and future citizens of the County/City and that Seminole County, the City of Sanford, and the Sanford Airport Authority have worked together to create safe, healthful, productive, and aesthetically and culturally pleasing surroundings for the citizens and businesses proximate to the Orlando Sanford International Airport (the "Airport") and to maximize compatibility for surrounding communities as well as aviation's important economic development impacts relative to City, County, and regional economic growth. (b). The creation or establishment of an airport obstruction hazardous to the operation of aircraft reduces the navigable airspace available to the region served by the Airport. (c). It is necessary, in the interest of the public health, public safety, and general welfare, to prevent the creation of airspace hazards and the use of land incompatible with Airport operations. The prevention of these hazards and incompatible land uses should be accomplished, to the extent legally possible, without compensation being paid to real property owners or others. (d). The Florida Legislature has mandated the adoption of land development regulations to assure compatible land uses surrounding the Airport. 141 Page (e). The Board of County Commissioners of Seminole County/City Commission of the City of Sanford understand the need for, and public good resulting from, ongoing communications, collaboration, and cooperation with the Sanford Airport Authority, the Florida Department of Transportation, and other agencies with regard to the regulation and promotion of the aviation industry within the jurisdictional limits of the County/City. Abbreviations. (a). For the purpose of these land development regulations, the following abbreviations shall have the following meanings: (1). AGL. Above ground level. (2). ALP. Airport layout plan. (3). AMSL. Above mean sea level. (4). CFR. Code of Federal Regulations. (5). FAA. Federal Aviation Administration. (6). FCC. Federal Communications Commission. (7). FDOT. Florida Department of Transportation. (8). navaid. Navigational aids. (9). OEI. One Engine Inoperative -Obstacle Identification Surfaces. (10). TERPS. Terminal Instrument Procedures. (11). TSS. Threshold Siting Surface. (b). These abbreviations may be used in the context of administrative rules that may be adopted to implement the provisions of these land development regulations. Definitions. (a). For the purpose of these land development regulations, certain words and terms used herein are defined as follows: (1). AMSL. the height or elevation of an object, relative to the average sea level datum. For the purposes of this Ordinance, 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). 151 Page (2). 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. (3). Aircraft. Any fixed wing, blimp, airship or rotorcraft device capable of atmospheric flight and requiring a paved or turf landing or take -off area. (4). 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. (5). 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 Ordinance. (6). Airport Elevation. The established elevation of the highest point on the usable runway measured in feet AMSL. (6). 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. (7). Airport Hazard Area. Any area of land or water upon which an airport hazard might be established. (8). Airport Height Zone. Any area described herein or shown on the Airport Height Zoning Map 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. (9). Airport Height Zoning Map. A map or map series depicting the Airport Height Zones, attached hereto and incorporated herein as Exhibit 2, as may be modified or amended from time to time. (10). 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. (11). 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. (12). 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 161 Page aviation demand. (14). 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 OEI, TERPS and TSS. (15). 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, OEI, and TSS. (16). Airport Surveillance Radar. A radar used for FAA air traffic management. (17). Airport Planning/Zoning Director. The County/City Administrative Official, as defined in the Land Development Code/Land Development Regulations, or designee, responsible for administering and enforcing these land development regulations. (18). 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, OEI, 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. (19). Avigation Easement. The right to use the airspace over real property. (20). 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. (21). 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. (22). 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. (23). 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- 171 Page vertically guided instrument approach procedure has been approved or planned on a FAA planning document or approved ALP. (24). Object of Natural Growth. Any organism of the plant kingdom, including a tree. (25). OEI. As defined in AC 120-91A which is 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. (26). 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. (27). 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. (28). Real Property. A lot, parcel, tract of land, or water together with any structure, object of natural growth, or natural feature located thereon. (29). Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length. (30). 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). (31). SAA Airspace Director. A person at the SAA designated by the SAA responsible for administering these land development regulations. (32). 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. 18I Page (33). TERPS. 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," OEI, TSS. (b). These definitions may be used in the context of administrative rules that may be adopted to implement the provisions of these land development regulations. (c). In addition to the definitions of this Ordinance, the definitions set forth in the Land Development Code/Land Development Regulations may be used to implement the provisions of this Ordinance and, to that end, shall be read in pari materia. Purposes. (a). The purposes of these land development regulations are as follows: (1). To promote the maximum safety of aircraft using the Airport. (2). To promote the maximum safety of persons and property located near the Airport. (3). To promote the full utility of the Airport to ensure the welfare and convenience of citizens and visitors. (4). To provide limits on the height of structures and objects of natural growth within the 14 CFR Part 77 surface primary, horizontal, conical, approach and transitional, TERPS surfaces, and other imaginary airport airspace surfaces, OEI and TSS to ensure proper and sound development of the areas within these surfaces. (5). To discourage new land uses, activities or construction incompatible with existing and planned airport operations or public health, safety, and welfare. (6). To provide administrative procedures for the efficient and uniform review of land development proposals in the areas surrounding the Airport. (b). The purpose of these land development regulations 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. Rules of Interpretation. (a). Unless the natural construction of the wording indicates otherwise, all words used 191 Page in the present tense include the future tense; all words in the plural number include the singular number; all words in the singular number include the plural number and all words of the masculine gender include correlative words of the feminine and neuter genders. Any reference herein to a rule, statute, regulation, or other legal requirement or form shall also include any modification, amendment, alteration, or replacement thereof subsequent to the effective date hereof. (b). An area located in more than one of the described airport height zones or airspace surfaces must comply with the most restrictive height limit or surface. In the event a conflict arises between an Airspace Surface and the regulations as set forth 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 entitled "United States Standards for Terminal Instrument Procedures"; Federal regulations for turbine powered aircraft as contained in 14 CFR Section 121.189; and any other FAA Advisory Circulars or guidelines relating to airspace, the most restrictive regulation will prevail. Zones and Heights Requiring Airport Height Zoning Permit. This establishes permitting requirements for permanent structures, temporary structures, and objects of natural growth that may create an Airport Hazard. (a). Standard for required review and permitting. Structures or objects of growth that would exceed: (i) two hundred (200) feet above ground level for any property within the bounds of the ten (10) mile radius provided in Exhibit 1, (ii) any Federal obstruction standards, or (iii) the 14 CFR Part 77C (primary, horizontal, conical approach and transitional) airspace surfaces which currently for the Sanford Airport Authority are illustrated on the maps incorporated herein on Exhibit 2, as may be modified or amended from time to time, require County/City review and issuance of an airport height permit by the Airport Planning/Zoning Director. (b). Applicable activities. No structure or object of natural growth may be developed, constructed, established, enlarged, substantially altered, repaired, approved for construction, issued a natural resources permit, issued a building permit, planted, allowed to grow, or replanted, unless the Airport Planning/Zoning Director has issued an airport height zoning permit in accordance with these land development regulations. Airport Height Zoning Permit Application Procedure. A request for an airport height zoning permit may be initiated by filing with the Airport Planning/Zoning Director a completed application for airport height zoning permit on a form prescribed by the County/City including a copy of the Form 7460-1 and/or FAA's online OE/AAA website tool, Notice of Proposed Construction or Alteration filed with the FAA, as required pursuant to 14 CFR Sections 77.5, 77.7, 77.9 and 77.11. An FAA airspace review determination resulting from the submittal of a Notice of Proposed Construction or Alteration does not preclude the requirement to obtain an airport height zoning permit from the County/City. An application for an airport height zoning permit 20I Page must contain: (i) a site survey, with an FAA accuracy code of 1A, which certifies the site coordinates and elevations with an accuracy of +/- 20-feet horizontal and +/- 3-feet vertical (all site coordinates must be based on North American Datum of 1983 and National Geodetic Vertical Datum of 1988); (ii) site plans; and (iii) drawings and other data as may be necessary to enable the Airport Planning/Zoning Director to determine whether or not the proposal will comply with these Land development regulations. A separate application for an airport height zoning permit must be submitted for permanent or temporary derricks, draglines, cranes, and other boom -equipped machinery to be used during construction or installation at heights greater than the height of proposed structure. Applications for an airport height zoning permit must be signed by the property owner or an authorized agent of the property owner. Pre -Application Conference Procedure. Prior to submittal of any application for an airport height zoning permit, a prospective applicant shall request a pre -application conference with the Airport Planning/Zoning Director. This meeting will include the SAA Airspace Director or his or her designee. The pre -application conference is intended to advise the applicant of the information needed for submittal and the standards and other requirements so that issues can be identified, and costly modifications avoided. Information provided as a result of the conference is for conceptual purposes only, is given solely as a means to assist the applicant, and does not take the place of the formal application review process. Review of Airport Height Zoning Permit Application. Before an application for an airport height zoning permit will be considered, the applicant must submit to the Airport Planning/Zoning Director a copy of the final airspace review determination by the FAA of the applicant's Notice of Proposed Construction or Alteration. Upon receipt of a completed application and copy of the final determination, the Airport Planning/Zoning Director shall forward the application packet to the SAA Airspace Director and to the FDOT Aviation Office, by means of certified mail, return receipt requested, or by means of a delivery service that provides evidence of delivery. FDOT shall have fifteen (15) days to review the application for technical consistency with Chapter 333, Florida Statutes, with said review period running concurrently with the review by the County/City and the SAA Airspace Director. The SAA Airspace Director shall produce an analysis and recommendation as to consistency with these land development regulations to the Airport Planning/Zoning Director. The Airport Planning/Zoning Director upon receipt of the application and analysis from the SAA Airspace Director will review the application for consistency with the height limits for the airspace surfaces as set forth in this section 3 and the guidelines, procedures and criteria set forth in chapter 6, section 3, part 2 of FAA Order 7400.2k, entitled "Procedures for Handling Airspace Matters", as provided in section 3.6 herein. Within a period of twenty- one (21) calendar days from receipt of (i) a completed application, (ii) the analysis of the SAA Airspace Director, and (iii) the final determination by the FAA, the Airport Planning/Zoning Director will either approve or disapprove the application. The Airport Planning/Zoning Director may consider an application for an airport height zoning permit 211 Page concurrently with the development plan approval. The provisions of Section 125.0221166.033, Florida Statutes, shall govern applications together with the provisions of the Land Development Code/Land Development Regulations. Airspace Surfaces. There are hereby created and established certain airspace imaginary surfaces in order to evaluate whether 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, entitled "United States Standards for Terminal Instrument Procedures" and Federal regulations for turbine powered aircraft as contained in 14 CFR Section 121.189. The airspace surfaces are hereby specified for the most restrictive approach existing or planned for each runway and any planned extension of existing runways and include all of the land lying beneath the airspace surface, as applied to each airport. Except as otherwise provided in these land development regulations, no application for an airport height zoning permit may be approved; no structure may be developed, constructed, established, enlarged, substantially altered or repaired, approved for construction, or issued a natural resources permit or building permit; and no object of natural growth may be planted, allowed to grow or be replanted, in any airspace surface at a height above the height limit established herein for the airspace surface in which the structure or object of natural growth is located or proposed to be located. Such height limits will be computed from mean sea level elevation, unless otherwise specified. The 14 CFR Part 77C (primary, horizontal, conical approach and transitional) airspace surfaces have been analyzed by the Sanford Airport Authority and are illustrated on the maps incorporated herein on Exhibit 2, as may be modified or amended from time to time, and further defined as illustrated in FAA Order 7400.2, entitled "Procedures for Handling Airspace Matters," as applied to the Orlando -Sanford International Airport. Objects Affecting Navigable Airspace. Any existing or proposed structure or object of natural growth that exceeds the standards for identifying and evaluating aeronautical effect as defined in Section 3, Chapter 6, Part 2 of FAA Order 7400.2, entitled "Procedures for Handling Airspace Matters," is presumed to be a hazard to air navigation unless an obstruction evaluation study determines otherwise. Any structure or object of natural growth in violation of the aforementioned standard will be evaluated by the FAA and the SAA Airspace Director to determine if the structure has a substantial adverse effect on navigable airspace effecting airport operations and said evaluations shall be presumed correct absent evidence of gross negligence or malice. The Airport Planning/Zoning Director shall consider the determination of the FAA and SAA Airspace Director with this presumption in approving or denying an application for an airport height zoning permit. 22 1 f,", Supportive Screening Criteria. (a). Antenna Installations. Antenna installations used to transmit over navigable airspace may produce a harmful electromagnetic interference with navigation aids or radio communications or aircraft, airport, or air traffic control facility. An antenna installation shall comply with the permitting requirements of this Section unless the antenna is to be co -located on an existing structure and: (1). The antenna does not increase the height of the existing structure; (2). The structure has a current no hazard determination on file with the FAA; and (3). The transmission of the antenna has been coordinated and approved by the FCC. The controlling provisions of Federal law shall prevail over the provisions of any conflicting County/City land development regulations. (b). FAA Navigation Aids. The FAA owns and operates navigation aids at the Airport. These include, but are not limited to, ILS, DME, and the automated surface observation system. The FAA provides guidance on the required clear areas around navaids. Any structure or object of natural growth within the vicinity of an FAA navaid must be evaluated by the FAA for interference with the navaid. If the FAA determines that such proposed structure or object of natural growth will adversely affect the utilization of the navaid, such determination by the FAA will be presumed shall be presumed correct absent evidence of gross negligence or malice. The Airport Planning/Zoning Director shall take the determination of the FAA with this presumption into account when reviewing the application. Criteria for Approval or Disapproval of Airport Height Zoning Permit Application. (a). Criteria. In determining whether to issue or deny an Airport Height Zoning Permit, the County/City shall consider the following: (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 of an obstruction on the state licensing standards for a public -use airport contained in Chapter 330, Florida Statutes, and rules adopted thereunder; (5). The character of existing and planned flight operations and 231 Page developments at public -use airports; (6). Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated 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; and (8). The cumulative effect on navigable airspace of all existing obstructions and all known proposed obstructions in the area. (b). Approval. A permit application for the construction or alteration of an obstruction may not be approved unless the applicant submits documentation showing both compliance with the Federal requirement for notification of proposed construction or alteration and a valid aeronautical study, as defined in 14 CFR Part 77. A permit may not be approved solely on the basis that the FAA determined that such proposed structure or object of natural growth will not exceed Federal obstruction standards and was not an airport hazard, as contained in 14 CFR Part 77, or any other Federal aviation regulation. Upon consideration of the above requirements, as set forth in Section 333.025, Florida Statutes, and if the FAA and the SAA Airspace Director have issued determinations that the proposed structure will not constitute an airspace hazard and the applicant has established by clear and convincing evidence provided to the Airport Planning/Zoning Director that the proposed structure or object of natural growth will not exceed the height limits established for the airspace surfaces and other applicable standards, and will not otherwise constitute an airspace hazard, the Airport Planning/Zoning Director may approve an application for an airport height zoning permit. In the event of approval, the permit will be issued within fourteen (14) business days. No airport zoning height permit will be issued after the expiration date indicated on the FAA's final determination. Each airport height zoning permit will specify an expiration date as a condition. Development authorized by the permit must commence prior to the permit's expiration date and must continue without interruption in good faith until development is complete; otherwise it shall lapse. After a permit has been issued, no change, modification, alteration, or deviation may be made from the terms or conditions of the permit without first obtaining a modification of the permit. A modification may be applied for in the same manner as the original permit. (c). Disapproval. The Airport Planning/Zoning Director will not approve an application for an airport height zoning permit if the FAA or the SAA Airspace Director has issued a determination that the proposed structure would constitute an airspace hazard, or the Airport Planning/Zoning Director has determined that the proposed structure or object of natural growth would exceed the height limits established for the airspace surfaces or otherwise would constitute an airspace hazard. In the event of a denial, a denial development order consistent with the provisions of Section 125.0221166.033, Florida Statutes, shall be issued. (d). Appeals. Any decision of the Airport Planning/Zoning Director disapproving an 241 Page airport height zoning permit application may be appealed set forth in the provisions of the Land Development Code/land Development Regulations pertaining to appeals from the Administrative Official. For any appeals, a copy of the appeal must be provided to the SAA Airspace Director by sending the copy by certified mail to 1200 Red Cleveland Blvd, Sanford FL 32773. On any appeal, a decision by the Airport Planning/Zoning Director based upon the determination of the SAA Airspace Director or the FAA shall be presumed to be correct and requires a finding by the Board on appeal that the determination of the SAA Airspace Director or the FAA is grossly negligent or was created with malice. Abandoned or Deteriorated Uses. Upon petition by the Airport Planning/Zoning Director, or upon application by a property owner, the Board of AdjustmentlPlanning and Zoning Commission may review any existing nonconforming use to determine if it is abandoned or more than eighty percent (80%) torn down, destroyed, deteriorated, or decayed. Upon declaring an existing nonconforming use abandoned or more than eighty percent (80%) torn down, destroyed, deteriorated, or decayed, the Board of Adjustment/Planning and Zoning Commission will hear the matter in accordance with the provisions of these land development regulations. Hazard Marking and Lighting. If a structure or object of natural growth meets the specifications set forth in Advisory Circular 70-7460- 1 L, Change 1, or otherwise as recommended by the FAA or the SAA Airspace Director, the Airport Planning/Zoning Director shall require, as a condition of approval of an application for an airport height zoning permit, the property owner to install prior to the issuance of a certificate of occupancy, and to operate and maintain, at the property owner's own expense, such marking and/or lighting on the permitted structure as may be necessary to indicate to aircraft pilots the presence of the structure or object of natural growth. Such marking and lighting must conform to the specific standards in FAA Advisory Circular 70-7460-1 L, Change 1, entitled "Obstruction Marking and Lighting" and Rule 14-60.009, Florida Administrative Code. Permit Required; Addition to Those Issued by Other Agencies. A permit required by these land development regulations is in addition to any other building, zoning, environmental, or occupancy permits required by any other governmental agency or jurisdiction. Pursuant to Section 125.0221166.033, Florida Statutes, issuance of a airport height zoning permit by the County/City does not in any way create or vest any rights on the part of the applicant or property owner to obtain a permit from a State or Federal agency and does not create any liability on the part of the County/City for issuance of the permit if the applicant or property owner fails to obtain requisite approvals or fulfill the obligations imposed by a state or Federal agency or undertakes actions that result in a violation of state or Federal law. Pursuant to Section 125.0221166.033, Florida Statutes, the property owner shall obtain all other applicable State or Federal permits before commencement of development. 25I Page Existing Nonconforming Use. 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. Change of Existing Nonconforming Use. It is prohibited and unlawful for an existing nonconforming use to be enlarged, increased in height, expanded, replaced, substantially altered or repaired at a cost which exceeds fifty percent (50%) of the value of the existing nonconforming use, rebuilt, or allowed to grow higher or to be replanted, unless the Airport Planning/Zoning Director has issued an airport height zoning permit in conformance with these land development regulations. Continuance of Existing Nonconforming Uses. (a). Existing Nonconforming Uses. Except as provided in these land development regulations or any other controlling provisions of law, there is no required removal, lowering, alteration, sound conditioning or other change to or interference with a nonconforming use in existence before the effective date of these land development regulations. The continuation of any existing nonconforming use will be governed by the County/City airport zoning land development regulations in effect on the date of the creation of the existing nonconforming use, and such other controlling law currently in effect or lawfully enacted. (b). 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. (c). 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, upon due notice to the owner of the real property on which it is located, to compel the property owner to lower, remove, reconstruct, equip, or otherwise alter the abandoned, destroyed, deteriorated, or decayed nonconforming use as may be necessary to conform to these 26I Page land development regulations. Upon receipt of such petition, the Board of Adjustment/Planning and Zoning Commission will conduct a public hearing pursuant to these land development regulations after due notice to the owner. If, after a public hearing, the Board of Adjustment/Planning and Zoning Commission determines the existing nonconforming use to be abandoned, or more than eighty percent (80%) torn down, destroyed, deteriorated, or decayed, the Board of Adjustment/Planning and Zoning Commission may compel the owner, at the owner's own expense to lower, remove, reconstruct, equip, or otherwise alter the existing nonconforming use as may be necessary to conform to these land development regulations. (d). Failure to Remove Abandoned or Deteriorated Existing Nonconforming Use. If the property owner neglects or refuses to comply with such order within thirty (30) calendar days after notice thereof, the County/City may proceed to lower, remove, reconstruct, equip, or otherwise alter the structure or use and assess the cost and expense thereof on the structure or the real property whereon it is or was located. Noise Where an airport authority or other governing body operating a public -use airport has conducted a noise study in accordance with 14 C.F.R. part 150, or where a public -use airport owner has established noise contours pursuant to another public study approved by the Federal Aviation Administration, the prohibition of incompatible uses, as established in the noise study in 14 C.F.R. part 150, Appendix A or as a part of an alternative Federal Aviation Administration -approved public study, within the noise contours established by any of these studies, except if such uses are specifically contemplated by such study with appropriate mitigation or similar techniques described in the study. Landfills There is a prohibition of new landfills: (i) within 10,000 feet from the nearest point of any runway used or planned to be used or (ii) within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. s. 77.19. Enforcement. In the event of a violation of these land development regulations or an order, ruling, or permit issued hereunder, the Airport Planning/Zoning Director shall request that the code enforcement staff of the County/City initiate code enforcement actions in accordance with controlling law. Further, if a nonconforming use or structure interfere with the use the Airport, if the property owner neglects or refuses to comply with such order within thirty (30) calendar days after notice thereof, the County/City may proceed to lower, remove, reconstruct, equip, or otherwise alter the structure or use and assess the cost and expense thereof on the structure or the real property whereon it is or was located. The forgoing sentence is in addition to other code enforcement actions provided under law. 27 1 Penalties; Remedies. Each violation of a provision of these land development regulations shall be subject to the penalties authorized by controlling law and the County/City may exercise any legal remedy available under controlling law to include, but not be limited to, judicial relief. The remedies provided in this section are cumulative in nature such that seeking civil penalty does not preclude the County/City from seeking any alternative form of relief including, but not limited to, an order for abatement or injunctive relief. Powers of Board of Adjustment/Planning and Zoning Commission. (a). The Board of Adjustment/Planning and Zoning Commission is vested with and may exercise all the powers permitted by the provisions of Chapter 333, Florida Statutes, and this Ordinance; provided, however, that, in accordance with the provisions of the Land Development Code/City Code, matters may be referred to hearing officers when the Board of County Commissioners/City Commission determines that such action would be prudent and appropriate. (b). Without limiting the provisions of Subsection (a), the Board of Adjustment/Planning and Zoning Commission is assigned the following powers and duties: (1). To hear and decide appeals from any order, requirement, decision, or determination made by the Airport Planning/Zoning Director in the application or enforcement of these land development regulations, subject to the presumptions provided by these land development regulations. (2). To hear and decide petitions to declare an existing nonconforming use abandoned or more than eighty percent (80%) torn down, destroyed, deteriorated, or decayed. Appeals from the Administrative Official. Any applicant, property owner, or other lawful participant in such proceeding, who is affected by any decision of the Airport Planning/Zoning Director made in the administration of these land development regulations, or any governing body of a political subdivision, which is of the opinion that a decision of the Airport Planning/Zoning Director is an improper application of these land development regulations, may appeal to the Board of Adjustment/Planning and Zoning Commission. Such appeals must be filed no later than ten (10) calendar days after the date of notification of the decision appealed from by filing with the Airport Planning/Zoning Director a notice of appeal specifying the grounds therefor and by sending a copy of the appeal by certified mail to the SAA Airspace Director at 1200 Red Cleveland Blvd, Sanford FL 32773. The Airport Planning/Zoning Director will transmit to the Board of Adjustment/Planning and Zoning Commission copies of the record of the action appealed and ensure that the SAA Airspace Director has a copy as well. An appeal stays all proceedings in furtherance of the action appealed from, unless the Airport Planning/Zoning Director certifies to the 28 1 P Board of Adjustment/Planning and Zoning Commission after the notice of appeal has been filed that, by reason of facts stated in the certificate, a stay would result in imminent peril to life and property. In such case, proceedings will not be stayed other than by order by the Board of Adjustment/Planning and Zoning Commission or by a court of competent jurisdiction with notice of any action being provided to the Airport Planning/Zoning Director and the SAA Airspace Director, and only upon due cause shown. Judicial Review. After appeal to the Board of County Commissioners/City Commission in accordance with the provisions of the Land Development Code/Land Development Regulations of the County/City; judicial review of any decision of the Board of Adjustment/Planning and Zoning Commission, if not reversed, will be in the manner provided by Section 333.11, Florida Statutes, and other controlling law. Implementing Administrative Actions; Administration; Amendment. (a). The County/City Manager, or designee, is hereby authorized and directed to implement the provisions of this Ordinance and to take any and all necessary administrative actions to bring into effect the provisions of this Ordinance including, but not limited to, the promulgation of rules and forms. (b). The provisions of these land development regulations will be interpreted, administered, and enforced by the Airport Planning/Zoning Director, with input provided by the SAA Airspace Director and other aviation experts. The duties of the Airport Planning/Zoning Director shall include that of hearing and deciding all permits and all other matters under these land development regulations except any of the duties or powers herein delegated to the Board of Adjustment/Planning and Zoning Commission. The Airport Planning/Zoning Director shall coordinate the administration of these land development regulations with, at a minimum, the SAA Airspace Director, the FAA, the County/City and the FDOT. (c). This Ordinance may be amended in conformance with the interlocal agreement entered by the Sanford Airport Authority and the County/City, as well as Chapter 333, Florida Statutes; provided, however, that, before advertising a proposed amendment, the County/City shall provide notice to the other parties of the interlocal agreement, and provide public notice and hold a public hearing as provided by Section 333.05, Florida Statutes, and other controlling law. Conflicts. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Savings; Effect of Ordinance. The prior actions of Seminole County/the City of Sanford in terms of the matters relating 291 Page to any and all actions and activities of the County/City pertaining to the regulation of Airport area land use regulation, are hereby ratified and affirmed. Codification; Scrivener's Errors. (a). The provisions of this Ordinance shall be codified in the Land Development Code/Land Development Regulations of the County/City. (b). Typographical errors and other matters of a similar nature that do not affect the intent of this Ordinance, as determined by the County/City Clerk and County/City Attorney, may be corrected with the endorsement of the County/City Manager, or designee, without the need for a public hearing. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Effective Date. 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