4705 Update to Schedule R Airports and AircraftOrdinance No. 2022-4705
An ordinance of the City Commission of the City of Sanford, Florida
substantially and comprehensively revising and amending the
provisions of Schedule "R", City of Sanford Code/Land Development
Regulations (LDRs), relating to Airports and Aircraft; providing for a
savings provision; providing for conflicts; providing for severability;
providing for an exhibit, codification and the correction of scrivener's
errors; and providing for an effective date.
Be it enacted by the People of the City of Sanford, Florida:
Section 1. Substantial And Comprehensive Revision And Amendment Of
Schedule "R", City of Sanford CodelLand Development Regulations, Airports and
Aircraft.
(a). Schedule "R" of the City of Sanford Code/Land Development Regulations,
Airports and Aircraft is substantially revised and amended to read as set forth in Exhibit
"A" to this Ordinance which, by this reference thereto, is incorporated herein as if fully set
forth herein verbatim.
(b). The Exhibit to this Ordinance is, to a large extent, legislatively coded with
underlining representing additions or amendments and strikethroughs as deletions.
(c). Regardless as to whether the coding is present or not, the City Commission
adopts the text that is not stricken through as part of the text that is enacted by this
Ordinance.
Section 2. Conflicts.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed.
Section 3. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
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invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 4. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to any and
all actions and activities of the City pertaining to the City's Land Development
RegulationslLand Development Code, or of an associated nature, are hereby ratified and
affirmed.
Section 5. Codification; Scrivener's Errors.
(a). The Exhibit referenced in Section 1 of this Ordinance shall be codified and
all other sections of this Ordinance shall not be codified.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not affect
the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be
corrected with the endorsement of the City Manager, or designee, without the need for a
public hearing.
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Section 6. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 22nd day of August, 2022.
Attest: City Commission, of �IelCity of
Sanford! Florida
Traci Houchin, MMC, FCRM �Artta
City Clerk 'r - llttpyc
Approved as to form and legal sufficiency.
William L. Colbert
City Attorney
31 Page
EXHIBIT "Al
SCHEDULE R
AIRPORTS AND AIRCRAFT
SECTION 1.0 SHORT TITLE
This Schedule shall be known and may be cited as "Schedule R, Airports and Aircraft."
SECTION 2.0 DEFINITIONS
For the purposes of this Schedule, the following terms shall have the meanings ascribed to them in
this section:
Above Mean Sea Level (AMSL) — Refers to the height or elevation of an object, relative to the
average sea level datum. For the purposes of this Ordinance, the daturn line for mean sea level
measurements shall be the same as the datum line for the geoid -based North American Vertical
Datum of 1988 (NAVD 88).
Aeronautical Study - A FAA study, conducted in accordance with the standards of 14 CFR 77,
Subpart C, and FAA policy and guidance. on the effect of proposed construction or alteration upon
the operation of air navigation facilities and the safe and efficient use of navigable airspace.
Aircraft - Any fixed wing blimp, airship or rotorcraft device capable of atmospheric flight
requiring a paved or turf landing or take -off area.
Airport - means t Or -la de Sanford i.,+o,..,ationa n :,...,,,.,, San fi .a, Flefi a ---The area of land or
water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in
the interest of the public for purposes relating to the Orlando -Sanford International Airport.
Airport Board of Adjustment - The County Board of Adjustment/City Planning and Zoning
Commission which shall have jurisdiction over the matters as set forth in this Ordinance.
Airport Elevation - The highest point of an airport's usable landing area measured in feet above
mean sea level. The established airport elevation of the Orlando Sanford International Airport,
Sanford, Florida, is fifty-five feet (55') Above Mean Sea Level (AMSL).
Airport Hazard -
b landing,
aker-a& An obstruction to air navigation that affects the safe and efficient use of navigable airspace
or the operation of planned or existing airport or communication facilities.
Airport Hazard Area - Any area of land or water upon which an airport hazard might be
established.
Airport Height Zone - Any area described herein or shown on the Airport Height Zoning Map
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indicating the height at which a proposal for development, construction, establishment,
enlargement, or substantial alteration of repair of a structure requires an airport height zoning
permit.
Airport Height Zoning Man - A may or map series depicting the Airport Height Zones.
included in the Interlocal Agreement Among Seminole County. Florida, and Sanford Airport
Authority and City of Sanford. Florida Regarding Airport Zoning Ordinance.
Airport Land Use Compatibility Zoning - Airport zoning land development regulations
governing the use of land on, adjacent to. or in the immediate vicinity of airports.
Airport Layout Plan (ALP) - A set of scaled drawings that provides a graphic representation of
the existing and future development plan for the Airport and demonstrates the preservation and
continuity of safety. utility., and efficiency of the Airport.
Airport Master Plan - A comprehensive plan of an airport which typically describes current and
future plans for airport development designed to support existing and future aviation demand.
Airport Obstruction - Any existing or proposed structure or object of natural growth that exceeds
federal obstruction standards as contained in 14 CFR Sections 77.13, 77.15, 77.17, 77.19, 77.21.
77.23 and any other Federal airspace obstruction related standards such as OEI. TERPS and TSS.
Airport Primary Surface - A surface longitudinally centered on a runway. When the runway has
a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each
end of that runway. The width of the primary surface of a runway will be that width prescribed in
Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or
planned for either end of that runway. The elevation of any point on the primary surface is the same
as the elevation of the nearest point on the runway center line.
Airspace Surface - Any surface established and described in these Land Development Regulations
used to evaluate whether an application for an airport height zoning, permit or any existing or
proposed structure or object of natural growth complies with Federal obstruction standards as
contained in 14 CFR Sections 77.13, 77.15, 77.17. 77.19, 77.21 and 77.23; terminal instrument
procedures as contained in FAA Order 8260.3C and Order 8260.58A, TERPS. Federal regulations
for turbine powered aircraft as contained in 14 CFR Section 121.189, OEI. and TSS.
Airport Surveillance Radar - A radar used for FAA air traffic management.
Airport Planning/Zoning Director - The City Administrative Official, as defined in the Land
Development Regulations, or designee. responsible for administering and enforcing these Land
Development Regulations.
Airport Zoning Chart - Refers to a chart or map of the area affected by the airport zoning, which
shows the layout of the runways, the airport boundaries and the airport elevation. The chart also
sets forth the various zones with the applicable height limitations for each. The chart identifies
topographic features such as major streams, rivers, railroads, roads and streets.
Airspace Hazard - Any structure. object of natural growth or use of land which would exceed
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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.
Airspace Height - For the purpose of determining the height limits in all zones set forth in this
Schedule and shown on the zoning map, the datum shall be mean sea level elevation unless
otherwise specified.
Avigation Easement - The right to use the airspace over real property.
Control Zone - Airspace extending upward from the surface of the earth which may include one or
more airports and is normally a circular area of five (5) statute miles in radius, with extensions
where necessary to include instrument approach and departure paths.
Decision Height - The height at which a decision must be made during a precision instrument
approach, to either continue the approach or to execute a missed approach.
Educational Facility structure, land, or use that includes a public or private kindergarten
through 12`' grade school, charter school, magnet school. college campus, or universi1y campus.
The term does not include space used for educational purposes within a multitenant building.
Existing Nonconforming Use - Any structure, object of natural growth, or use of land that does not
conform to the provisions of these land development regulations or any amendments hereto as of
the effective date of such regulation or amendment.
Federal Aviation Administration (FAA) - A Federal agency charged with regulating air
commerce to promote its safety, encouraging, and developing civil aviation, air traffic control and
air navigation and promoting the development of a national system of airports.
Instrument Runway - A runway having an existing instrument approach procedure or planned in
the Orlando Sanford International Airport Master Plan, July 2002 and FAA approved amendments,
utilizing air navigation facilities or area -type navigation equipment, for which an instrument
approach procedure has been approved or planned.
Minimum Descent Altitude - The lowest altitude, expressed in feet above mean sea level, to
which descent is authorized on final approach or during circle -to -land maneuvering in execution of
a standard instrument approach procedure, where no electronic glide slope is provided.
Minimum En route Altitude - The altitude in effect between radio fixes which assures acceptable
navigational signal coverage and meets obstruction clearance requirements between those fixes.
Minimum Obstruction Clearance Altitude - The specified altitude in effect between radio fixes
on VHF omnidirectional radio range (VOR) airways, off -airway routes, or route segments which
meets route segment and which assures acceptable navigational signal coverage only within twenty-
two (22) miles of a VOR.
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Non -Vertically Guided Instrument Runway - A runway having an existing, published, or
planned instrument approach procedure utilizing air navigation facilities with only lateral guidance
or area type navigation equipment, for which a straight -in non -vertically guided instrument
approach procedure has been approved or planned on a FAA planning document or approved ALP.
Object of Natural Growth - Any organism of the plant kingdom, including a tree.
OEI (One -Engine Inoperative) - As defined in AC 120-91A which is an Airport Obstacle
Analysis promulgatedy the FAA which describes acceptable methods and guidelines for
developing takeoff and initial climb out airport obstacle analyses and in-flight procedures to
comply with the intent of the regulatory requirements of 14 CFR, Part 121, Sections 121.177 and
121.189; Part 135, Sections 135.367, 135.379, and 135.398; and other associated OEI
requirements relating to turbine -engine -powered airplanes operated under Parts 121 and 135; and
ICAO Annex 6 published by the International Civil Aviation Organization which relates to the
operation of aircraft/aero planes and helicopters.
Person - Any individual, firm, co -partnership, corporation, company. association, joint-stock
association, or body politic. including any trustee, receiver. assignee, or other similar
representative thereof.
Real Property - A lot, parcel, tract of land, or water together with any structure, object of natural
growth, or natural feature located thereon.
Runway - A defined area on an airport prepared for landing and takeoff of aircraft along its length.
Runway Protection Zone. Area at the end of a runway designed to enhance the protection of
people and property on the ground; the dimensions of which are based on aircraft category
visibility minimums defined in FAA Advisory Circular 150/5300-13A. Change 1, entitled
"Airport Design" and in accordance with 14 CFR Section 151.9(b).
SAA- Sanford Airport Authority
SAA Airspace Director - A person at the SAA designated by the SAA responsible for
administering these land development regulations.
Structure - Any permanent or temporary object, including but not limited to buildings, antenna.
towers, cellular towers, smokestacks, utility or light poles. overhead transmission lines,
advertising signs, billboards, poster panels, fences, construction cranes, derricks. draglines,
boom -equipped machinery, balloons, kites, watercraft, retaining walls, and navigation aids
including, but not limited to, the Omnidirectional Range Beacon/Tactical Air Navigation System.
the Low Level Wind Shear Alert System. ASOS, approach lighting systems and radar facilities,
as FAA Navigation Aids.
TERPS — The criteria for terminal instrument procedures for arriving and departing aircraft as
established in FAA Order 8260.3C and Order 8260.58A, entitled "United States Standards for
Terminal Instrument Procedures," OEI. TSS.
Vertically Guided Instrument Runway - A runway having an existing, published. or planned
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instrument approach procedure utilizing air navigation facilities or an instrument landing system
with lateral and vertical guidance or area type navigation equipment, for which a straight- in
vertically_ guided instrument approach procedure has been approved or planned, and for which a
vertically guided approach is planned or indicated on an FAA planning document or approved
ALP.
Visual Runway - A runway intended solely for the operation of aircraft using visual approach
procedures with no straight -in instrument approach procedure and no instrument designation
indicated on an FAA -approved airport layout plan, a military service's approved military airport
layout plan, or by any planning document submitted to the FAA by competent authority.
SECTION 3.0 AIRPORT ZONING MAP
The purpose and intent of the airport zoning map is: to provide both airspace protection and land
uses compatible with airport operations; to promote the coordinated use of lands and foster
orderly development; to protect the health, safety, and welfare of the public: to ensure the
economic benefits and capacity of aviation related businesses, and to ensure compliance with all
Federal and State aviation laws, rules, and regulations.
SECTION 4.0 AIRPORT HEIGHT ZONES AND LIMITATIONS
In order to regulate the height of permanent and temporary structures and objects of natural growth,
this section establishes permitting requirements in certain zones based on height. These zones, and
the heights established for each zone, provide for the review by the City of the height of land
development proposals over which the City may have jurisdiction to regulate, as well as objects
of natural growth
1. Horizontal surface: The land lying under a horizontal plane two hundred (200 ) feet above
the established airport elevation. The perimeter of the horizontal zone at Orlando Sanford
International Airport is constructed by swinging arcs of ten thousand (10,000) feet radii
from the center of each end of the primary surface of each end of runway and connecting
the adjacent arcs by lines tangent to those arcs.
No structure shall be permitted in the horizontal zone that would exceed two hundred (200 )
feet above the established airport elevation as depicted on the Airport Height Zoning Map
of Sanford, Florida.
2. Conical zone: The land lying under a surface extending outward and upward from the
periphery of the horizontal surface at a slope of twenty to one (20 to 1) for a horizontal
distance of four thousand (4000) feet at Orlando Sanford International Airport. The conical
surface extends upward to an elevation of four hundred five (405) AMSL.
No structure shall be permitted in the conical zone that would penetrate the conical surface
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as depicted on the Airport Height Zoning Map of Sanford, Florida.
3. Approach zones: The land lying under a surface longitudinally centered on the extended
runway center line and extending outward and upward from each end of the primary
surface. An approach surface is applied to each end of each runway based upon the type of
approach available or planned for the runway end and is depicted on the Airport Height
Zoning Map of Sanford, Florida.
a. The inner edge of the approach surface is the same width as the primary surface of
each runway, two hundred and fifty (250) feet wide for runways 9C and 27C; and
one thousand (1,000) feet wide for runways 9L, 9R, 27L, 27 R. 18 and 36 at
Orlando Sanford International Airport. The outer edge of the approach surface is:
i. One thousand two hundred and fifty (1,250) feet for runways 9C and 27C.
ii. Sixteen thousand (16,000) feet for runway 9L, 9R, 27L, 27R, 18 and 36.
b. The approach zone extends for a horizontal distance of five thousand (5,000) feet
for runways 9C, 27C, and fifty thousand (50,000) feet for runway 9R, 9L, 27L, 27R,
18 and 36.
C. The slopes of the approach zones are as follows:
i. Twenty to one (20 to 1) for runways 9C and 27C.
ii. Fifty to one (50 to 1) for the first ten thousand (10,000) feet horizontal
distance with an additional twelve thousand (12,000) feet horizontal distance
at a slope of forty to one (40 to 1) until intersection with a plane five
hundred (500) feet above the airport elevation for twenty-eight thousand
(28,000) feet for runways 9L, 27R, 9R, 27L, 18 and 36 as depicted on the
Airport Height Zoning Map of Sanford, Florida.
d. No structure shall be permitted in the approach zone that would penetrate the
approach slope that runway, as depicted on the Airport Height Zoning Map of
Sanford, Florida.
4. Transitional zone: The land lying under surfaces extending outward and upward at right
angles to the runway center line and the runway center line extended at a slope of seven to
one (7 to 1) form the sides of the primary and approach surfaces. However, when the slope
of seven to one (7 to 1) intersects a plane five hundred (500) feet above the established
airport elevation, the transitional surface becomes a plane five hundred (500) feet above the
established airport elevation as depicted on the Airport Height Zoning Map of Sanford,
Florida.
No structure shall be permitted that would penetrate the transitional surface as depicted on
the Airport Height Zoning Map of Sanford, Florida.
5. Altitude: No structure shall be permitted in the City of Sanford that would raise an existing
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published minimum descent altitude or decision height for any instrument approach to any
runway at the Orlando Sanford International Airport, nor shall any structure be permitted
that would raise or increase the minimum obstruction clearance altitude or minimum en
route altitude on any federal airway in the City of Sanford.
SECTION 5.0 USE RESTRICTIONS
Notwithstanding any other provision of this Schedule, no use may be made of land or water within
the City of Sanford in such a manner as to interfere with the operation of an airborne aircraft. The
following special requirements shall apply to each permitted use:
All lights of illumination used in conjunction with streets, parking, signs or use of land and
structures shall be arranged and operated in such a manner that it is not misleading or
dangerous to aircraft operating from the Orlando Sanford International Airport or in the
vicinity thereof.
2. No operation from any use shall project smoke, glare or other visual hazards within three
(3) statute miles of any usable runway of the Orlando Sanford International Airport.
3. No operations from any use in the City of Sanford shall produce electronic interference with
navigation signals or radio communication between the airport and aircraft.
4. Proposed land fill applications are prohibited within 10,000 feet from the nearest point of
any proposed runway used or planned to be used or (ii) within the lateral limits of the civil
airport imaginary surfaces defined in 14 CFR Section 77.19.
SECTION 6.0 NONCONFORMING USES
The regulations prescribed in Sections 4.0 and 5.0 of this Schedule shall not be construed to require
the removal, lowering or other change or alteration of any structure or tree not conforming to the
regulations as of the effective date of this Schedule, or otherwise interfere with the continuance of
any nonconforming use. Nothing herein contained shall require any change in the construction,
alteration or intended use of any structure the construction or alteration of which was begun prior to
the effective date of this Schedule. Any structure, object of natural growth, or use of land existing
on the effective date of these land development regulations, which exceeds any height limit
established herein or otherwise fails to comply with any provision of these land development
regulations, is hereby declared to be an existing nonconforming use and in violation of these land
development regulations.
Existing Nonconforming Educational Facilities. Except as provided in these land development
regulations or anv 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 anv 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
deterniined as provided in former Section 235.19, Florida Statzttes, as of July 1, 1993.
Declaration of Abandoned or Deteriorated Existing Nonconforming Use. In the event the
Airport Planning/Zoning_ Director and/or the SAA Airspace Director determines that an existing
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nonconforming use is abandoned or more than eighty percent (80%) torn down, destroy
deteriorated. or decayed. no permit will be issued that would allow such existing nonconforming
use to exceed the applicable height limit or otherwise deviate fiom 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 Ad and
Zoning Commission
SECTION 7.0 LIGHTING
Notwithstanding the provisions of this Schedule, the owner of any structure over two hundred (200)
feet above ground level must install on that structure lighting in accordance with Federal Aviation
Administration Advisory Circular 70/_7460-IKL_ FAA amendments and interlocal agreement
among Seminole County, Florida and Sanford Airport Authority and City of Sanford, Florida
Regarding Airport Zoning. A ddii ,,nail . any "t..,,etur-" o eeding nine h.,ndfed ..a c nine (949)
b
SECTION 8.0 HEIGHT VARIANCES AND CONDITIONAL USES
1. General. Any person desiring to erect or increase the height of any structure, or use his
property not in accordance with the regulations prescribed in this Schedule may apply to the
Administrative Official or the Planning and Zoning Commission. A variance shall be
required for single-family homes or duplexes. A conditional use shall be required for all
other uses. No application for variance or conditional use to the requirements of this
Schedule may be considered by Administrative Official or the Planning and Zoning
Commission unless a copy of the application has been provided the airport manager of
Orlando Sanford International Airport for his review and advice as to aeronautical effects of
the variance or conditional use. If the Orlando Sanford International Airport manager does
not respond to the application for variance or conditional use within fifteen (15) days after
receipt, the Administrative Official or the Planning and Zoning Commission may act on its
own to grant or deny said application for a variance or conditional use, respectively.
2. Criteria for granting a variance. No variance shall be approved solely on the basis that
such proposed structure will not exceed federal obstruction standards as contained in 14
C.F.R. 77.11 77.21, 77.23, 77.25, 77.28, of 77.29, 77.5. 77.7. 77.9 or any other federal
aviation regulation.
When determining whether to issue or deny a variance, the following shall be considered:
a. The nature of the terrain and the height of existing structures.
b. Public and private interests and investments.
C. The character of flying operations and planned developments of the airport.
d. Federal airways as designated by the Federal Aviation Administration.
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e. Whether the construction of the proposed structure would cause an increase in the
minimum descent altitude or the decision height at the airport.
f. Technological advances.
h. Land use density or intensity.
i. The safe and efficient use of navigable airspace.
j. The cumulative effects on navigable airspace of all existing structures, proposed
structures identified in the Sanford Comprehensive Plan and all other known
proposed structures in the area.
C. Documentation Required. Each person applying for a variance shall submit
documentation showing compliance with the federal requirement for notification of
proposed construction and a valid aeronautical evaluation.
SECTION 9.0 PERMITS
1. Future Uses: No material change shall be made in the use of land, and no structure or tree
shall be erected, altered, planted or otherwise established in any airport approach zone,
horizontal zone, conical zone or transitional zone, unless a pennit therefore shall have been
applied for and granted by the Administrative Official or the Planning and Zoning
Commission. However, a permit for a tree or structure of less that seventy-five (75) feet of
vertical height above the ground shall not be required in the horizontal or conical zone or in
any approach or transition zone beyond a horizontal distance or five thousand (5,000) feet
from each end of the runway, except when such tree or structure, because of terrain, land
contour or topographic features, would extend above the height limit prescribed for the
respective zone.
Each such application shall indicate the purpose for which the permit is desired, with
sufficient particularity to permit it to be determined whether the resulting use, structure or
tree would conform to the regulations herein prescribed and is consistent with the Interlocal
Agreement among Seminole County, Florida and Sanford Airport Authority and City of
Sanford, Florida regarding Airport Zoning. If such determination is in the affirmative, the
permit applied for shall be granted.
2. Existing Uses: Before any existing use, structure or tree may be replaced, substantially
altered or repaired, rebuilt, allowed to grow higher or replanted within any airport approach
zone, horizontal zone, conical zone or transitional zone, a permit must be secured
authorizing such replacement, change or repair from the Administrative Official or the
Planning and Zoning Commission. No such permit shall be granted that would allow the
establishment or creation of an airport hazard or permit a nonconforming use, structure or
tree to be made or become higher, or become a greater hazard to air navigation that it was
on the effective date of this Schedule or than it is when the application for a permit for
replacement, change or repair of existing use, structure or tree shall be granted if consistent
with the Interlocal Agreement among Seminole County, Florida and Sanford Airport
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Authority and City of Sanford, Florida regarding Airport Zoning.
3. Abandoned or Destroyed Nonconforming Use or Structure: Whenever the
Administrative Official or the Planning and Zoning Commission determines that a
nonconforming use or nonconforming structure or tree has been abandoned for a period of
six (6) months or is more than eighty (80) percent torn down, destroyed, deteriorated or
decayed, no permit shall be granted that would allow said structure or tree to exceed the
applicable height limit or otherwise deviate from the zoning regulations as required by this
Schedule and is consistent with the Interlocal Agreement among Seminole County, Florida
and Sanford Airport Authority and City of Sanford, Florida regarding Airport Zoning.
SECTION 10.0 ADMINISTRATIVE OFFICIAL
The Administrative Official, as determined by action of the City Commission, or the Planning and
Zoning Commission shall have the administrative power to implement the provisions of this
Schedule.
SECTION 11.0 CONFLICTING REGULATIONS
Where this Schedule in conjunction with the Interlocal Agreement among Seminole County,
Florida and Sanford Airport Authority and City of Sanford, Florida regarding Airport Zoning
impose a greater or more stringent restriction upon the use of land than is imposed or required by
any other ordinance or regulation, the provisions of this Schedule and the Interlocal Agreement
among Seminole County, Florida and Sanford Airport Authority and City of Sanford, Florida
regarding Airport Zoning shall govern.
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EXHIBIT "A'
SCHEDULE R
AIRPORTS AND AIRCRAFT
SECTION 1.0 SHORT TITLE
This Schedule shall be known and may be cited as "Schedule R, Airports and Aircraft."
SECTION 2.0 DEFINITIONS
For the purposes of this Schedule, the following terms shall have the meanings ascribed to them in
this section:
Above Mean Sea Level (AMSL) — Refers to the height or elevation of an obiect. 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).
Aeronautical Study - A FAA study, conducted in accordance with the standards of 14 CFR 77,
Subpart C. and FAA policy and guidance. on the effect of proposed construction or alteration upon
the operation of air navigation facilities and the safe and efficient use of navigable airspace.
Aircraft - Any fixed wing, blimp, airship or rotorcraft device capable of atmospheric flight and
requiring a paved or turf landing or take -off area.
Airport - means -the Orlando Cance -a intentional i-peA, Sanf ra, F'aThe area of land or
water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in
the interest of the public for purposes relating to the Orlando -Sanford International Airport.
Airport Board of Adjustment - The County Board of Adjustment/City Planning and Zoning
Commission which shall have jurisdiction over the matters as set forth in this Ordinance.
Airport Elevation - The highest point of an airport's usable landing area measured in feet above
mean sea level. The established airport elevation of the Orlando Sanford International Airport,
Sanford, Florida, is fifty-five feet (55') Above Mean Sea Level (AMSL).
Airport Hazard -
aifpoi4, or- any use of land near- sueh aifpai4, whieh ebstpdets the —i—ed for- the flig
An obstruction to air navigation that affects the safe and efficient use of navigable airspace
or the operation of planned or existing airport or communication facilities.
Airport Hazard Area - Any area of land or water upon which an airport hazard might be
established.
Airport Height Zone - Any area described herein or shown on the Airport Height Zoning Map
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indicating the height at which a proposal for development, construction, establishment,
enlargement, or substantial alteration of repair of a structure requires an airport height zoning
permit.
Airport Height Zoning Map - A man or map series depicting the Airport Height Zones.
included in the Interlocal Agreement Among Seminole County. Florida. and Sanford Airport
Authority and City of Sanford, Florida Regarding Airport Zoning Ordinance.
Airport Land Use Compatibility Zoning - Airport zoning land development regulations
governing the use of land on, adjacent to, or in the immediate vicinity of airports.
Airport Layout Plan (ALP) - A set of scaled drawings that provides a graphic representation of
the existing and future development plan for the Airport and demonstrates the preservation and
continuity of safe!y. utility, and efficiency of the Airport.
Airport Master Plan - A comprehensive plan of an airport which typically describes current and
future plans for airport development designed to support existing and future aviation demand.
Airport Obstruction - Any existing or proposed structure or object of natural growth that exceeds
federal obstruction standards as contained in 14 CFR Sections 77.13, 77.15, 77.17, 77.19, 77.21,
77.23 and any other Federal airspace obstruction related standards such as OEI, TERPS and TSS.
Airport Primary Surface - A surface longitudinally centered on a runway. When the runway has
a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each
end of that runway. The width of the primary surface of a runway will be that width prescribed in
Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or
planned for either end of that runway. The elevation of any point on the primary surface is the same
as the elevation of the nearest point on the runway center line.
Airspace Surface - Any surface established and described in these Land Development Regulations
used to evaluate whether an application for an airport height zoning permit or any existing or
proposed structure or object of natural growth complies with Federal obstruction standards as
contained in 14 CFR Sections 77.13. 77.15. 77.17. 77.19, 77.21 and 77.23; terminal instrument
procedures as contained in FAA Order 8260.3C and Order 8260.58A. TERPS, Federal regulations
for turbine powered aircraft as contained in 14 CFR Section 121.189, OEI, and TSS.
Airport Surveillance Radar - A radar used for FAA air traffic management.
Airport Planning/Zoning Director - The City Administrative Official. as defined in the Land
Development Regulations or designee, responsible for administering and enforcing these Land
Development Regulations.
Airport Zoning Chart - Refers to a chart or map of the area affected by the airport zoning, which
shows the layout of the runways, the airport boundaries and the airport elevation. The chart also
sets forth the various zones with the applicable height limitations for each. The chart identifies
topographic features such as major streams, rivers, railroads, roads and streets.
Airspace Hazard - Any structure, object of natural growth or use of land which_ would exceed
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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.
Airspace Height - For the purpose of determining the height limits in all zones set forth in this
Schedule and shown on the zoning map, the datum shall be mean sea level elevation unless
otherwise specified.
Avitzation Easement - The right to use the airspace over real property.
Control Zone - Airspace extending upward from the surface of the earth which may include one or
more airports and is normally a circular area of five (5) statute miles in radius, with extensions
where necessary to include instrument approach and departure paths.
Decision Height - The height at which a decision must be made during a precision instrument
approach, to either continue the approach or to execute a missed approach.
land
college campus. or uni
The term does not include space used for educational purposes within a multitenant building.
Existing Nonconforming Use - Any structure, object of natural growth, or use of land that does not
conform to the provisions of these land development regulations or any amendments hereto as of
the effective date of such regulation or amendment.
Federal Aviation Administration (FAA) - A Federal agency charged with regulating air
commerce to promote its safety, encouraging, and developing civil aviation, air traffic control and
air navigation and promoting the development of a national system of airports.
Instrument Runway - A runway having an existing instrument approach procedure or planned in
the Orlando Sanford International Airport Master Plan, July 2002 and FAA approved amendments,
utilizing air navigation facilities or area -type navigation equipment, for which an instrument
approach procedure has been approved or planned.
Minimum Descent Altitude - The lowest altitude, expressed in feet above mean sea level, to
which descent is authorized on final approach or during circle -to -land maneuvering in execution of
a standard instrument approach procedure, where no electronic glide slope is provided.
Minimum En route Altitude - The altitude in effect between radio fixes which assures acceptable
navigational signal coverage and meets obstruction clearance requirements between those fixes.
Minimum Obstruction Clearance Altitude - The specified altitude in effect between radio fixes
on VHF omnidirectional radio range (VOR) airways, off -airway routes, or route segments which
meets route segment and which assures acceptable navigational signal coverage only within twenty-
two (22) miles of a VOR.
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Non -Vertically Guided Instrument Runway - A runway having an existing, published, or
Manned instrument approach procedure utilizing air navigation facilities with only lateral guidance
or area type navigation equipment for which a straight -in non -vertically guided instrument
approach procedure has been approved or planned on a FAA planning document or approved ALP
Object of Natural Growth - Any organism of the plant kingdom, including a tree.
OEI (One -Engine Inoperative) - As defined in AC 120-91A which is an Airport Obstacle
Analysis promulgated by the FAA which describes acceptable methods and guidelines for
developing takeoff and initial climb out airport obstacle analyses and in-flight procedures to
comply with the intent of the regulatory requirements of 14 CFR Part 121. Sections 121.177 and
121.189• Part 135. Sections 135.367. 135.379. and 135.398; and other associated OEI
requirements relating to turbine -engine -powered airplanes operated under Parts 121 and 135; and
ICAO Annex 6 published by the International Civil Aviation Organization which relates to the
operation of aircraft/aero planes and helicopters.
Person - Any individual, firm. co -partnership, corporation, company, association, joint-stock
association. or body politic, including any trustee, receiver, assignee, or other similar
representative thereof.
Real Property - A lot parcel tract of land or water together with any structure object of natural
growth, or natural feature located thereon.
Runway - A defined area on an airport prepared for landing and takeoff of aircraft along its length.
Runway Protection Zone. Area at the end of a runway designed to enhance the protection of
people and property on the ground,• the dimensions of which are based on aircraft category and
visibility minimums defined in FAA Advisory Circular 150/5300-13A. Change 1, entitled
"Airport Design" and in accordance with 14 CFR Section 151.9(b).
SAA- Sanford Airport Authority
SAA Airspace Director - A person at the SAA designated by the SAA responsible for
administering these land development regulations.
Structure - Any permanent or temporary object, including but not limited to buildings, antenna.
towers cellular towers smokestacks, utilily or light poles, overhead transmission lines,
advertising signs billboards poster panels, fences, construction cranes, derricks, draglines,
boom -equipped machinery. balloons. kites, watercraft, retaining walls, and navigation aids
including but not limited to. the Omnidirectional Range Beacon/Tactical Air Navigation System.
the Low Level Wind Shear Alert System. ASOS, approach lighting systems and radar facilities.
as FAA Navigation Aids.
TERPS — The criteria for terminal instrument procedures for arriving and departing aircraft as
established in FAA Order 8260.3C and Order 8260.58A, entitled "United States Standards for
Terminal Instrument Procedures." OEI, TSS.
Vertically Guided Instrument Runway - A runway having an existing, published, or planned
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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
verticallyguidedinstrument approach procedure has been approved or planned, and for which a
vertically guided approach is planned or indicated on an FAA planning document or approved
ALP.
Visual Runway - A runway intended solely for the operation of aircraft using visual approach
procedures with no straight -in instrument approach procedure and no instrument designation
indicated on an FAA -approved airport layout plan, a military service's approved military airport
layout plan, or by any planning document submitted to the FAA by competent authority.
SECTION 3.0 AIRPORT ZONING MAP
The purpose and intent of the airport zoning map is: to provide both airspace protection and land
uses compatible with airport operations; to promote the coordinated use of lands and foster
orderly development; to protect the health, safety, and welfare of the public; to ensure the
economic benefits and capacity of aviation related businesses; and to ensure compliance with all
Federal and State aviation laws, rules, and regulations.
SECTION 4.0 AIRPORT HEIGHT ZONES AND LIMITATIONS
In order to regulate the height of permanent and temporary structures and objects of natural growth,
this section establishes permitting requirements in certain zones based on height. These zones, and
the heights established for each zone, provide for the review by the City of the height of land
development proposals over which the City may have jurisdiction to regulate, as well as objects
of natural growth
1. Horizontal surface: The land lying under a horizontal plane two hundred (200 ) feet above
the established airport elevation. The perimeter of the horizontal zone at Orlando Sanford
International Airport is constructed by swinging arcs of ten thousand (10,000) feet radii
from the center of each end of the primary surface of each end of runway and connecting
the adjacent arcs by lines tangent to those arcs.
No structure shall be permitted in the horizontal zone that would exceed two hundred (200 )
feet above the established airport elevation as depicted on the Airport Height Zoning Map
of Sanford, Florida.
2. Conical zone: The land lying under a surface extending outward and upward from the
periphery of the horizontal surface at a slope of twenty to one (20 to 1) for a horizontal
distance of four thousand (4000) feet at Orlando Sanford International Airport. The conical
surface extends upward to an elevation of four hundred five (405) AMSL.
No structure shall be permitted in the conical zone that would penetrate the conical surface
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10
SECTION 4.0 AIRPORT HEIGHT ZONES AND LIMITATIONS
In order to regulate the height of permanent and temporary structures and objects of natural growth,
this section establishes permitting requirements in certain zones based on height. These zones, and
the heights established for each zone, provide for the review by the City of the height of land
development proposals over which the City may have jurisdiction to regulate, as well as objects
of natural growth
1. Horizontal surface: The land lying under a horizontal plane two hundred (200 ) feet above
the established airport elevation. The perimeter of the horizontal zone at Orlando Sanford
International Airport is constructed by swinging arcs of ten thousand (10,000) feet radii
from the center of each end of the primary surface of each end of runway and connecting
the adjacent arcs by lines tangent to those arcs.
No structure shall be permitted in the horizontal zone that would exceed two hundred (200 )
feet above the established airport elevation as depicted on the Airport Height Zoning Map
of Sanford, Florida.
2. Conical zone: The land lying under a surface extending outward and upward from the
periphery of the horizontal surface at a slope of twenty to one (20 to 1) for a horizontal
distance of four thousand (4000) feet at Orlando Sanford International Airport. The conical
surface extends upward to an elevation of four hundred five (405) AMSL.
No structure shall be permitted in the conical zone that would penetrate the conical surface
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as depicted on the Airport Height Zoning Map of Sanford, Florida.
3. Approach zones: The land lying under a surface longitudinally centered on the extended
runway center line and extending outward and upward from each end of the primary
surface. An approach surface is applied to each end of each runway based upon the type of
approach available or planned for the runway end and is depicted on the Airport Height
Zoning Map of Sanford, Florida.
a. The inner edge of the approach surface is the same width as the primary surface of
each runway, two hundred and fifty (250) feet wide for runways 9C and 27C; and
one thousand (1,000) feet wide for runways 9L, 9R, 27L, 27 R, 18 and 36 at
Orlando Sanford International Airport. The outer edge of the approach surface is:
i. One thousand two hundred and fifty (1,250) feet for runways 9C and 27C.
ii. Sixteen thousand (16,000) feet for runway 9L, 9R, 27L, 27R, 18 and 36.
b. The approach zone extends for a horizontal distance of five thousand (5,000) feet
for runways 9C, 27C, and fifty thousand (50,000) feet for runway 9R, 9L, 27L, 27R,
18 and 36.
C. The slopes of the approach zones are as follows:
i. Twenty to one (20 to 1) for runways 9C and 27C.
ii. Fifty to one (50 to 1) for the first ten thousand (10,000) feet horizontal
distance with an additional twelve thousand (12,000) feet horizontal distance
at a slope of forty to one (40 to 1) until intersection with a plane five
hundred (500) feet above the airport elevation for twenty-eight thousand
(28,000) feet for runways 9L, 27R, 9R, 27L, 18 and 36 as depicted on the
Airport Height Zoning Map of Sanford, Florida.
d. No structure shall be permitted in the approach zone that would penetrate the
approach slope that runway, as depicted on the Airport Height Zoning Map of
Sanford, Florida.
4. Transitional zone: The land lying under surfaces extending outward and upward at right
angles to the runway center line and the runway center line extended at a slope of seven to
one (7 to 1) form the sides of the primary and approach surfaces. However, when the slope
of seven to one (7 to 1) intersects a plane five hundred (500) feet above the established
airport elevation, the transitional surface becomes a plane five hundred (500) feet above the
established airport elevation as depicted on the Airport Height Zoning Map of Sanford,
Florida.
No structure shall be permitted that would penetrate the transitional surface as depicted on
the Airport Height Zoning Map of Sanford, Florida.
5. Altitude: No structure shall be pennitted in the City of Sanford that would raise an existing
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published minimum descent altitude or decision height for any instrument approach to any
runway at the Orlando Sanford International Airport, nor shall any structure be permitted
that would raise or increase the minimum obstruction clearance altitude or minimum en
route altitude on any federal airway in the City of Sanford.
SECTION 5.0 USE RESTRICTIONS
Notwithstanding any other provision of this Schedule, no use may be made of land or water within
the City of Sanford in such a manner as to interfere with the operation of an airborne aircraft. The
following special requirements shall apply to each permitted use:
1. All lights of illumination used in conjunction with streets, parking, signs or use of land and
structures shall be arranged and operated in such a manner that it is not misleading or
dangerous to aircraft operating from the Orlando Sanford International Airport or in the
vicinity thereof.
2. No operation from any use shall project smoke, glare or other visual hazards within three
(3) statute miles of any usable runway of the Orlando Sanford International Airport.
3. No operations from any use in the City of Sanford shall produce electronic interference with
navigation signals or radio communication between the airport and aircraft.
4. Proposed land fill applications are prohibited within 10,000 feet from the nearest point of
any proposed runway used or planned to be used or (ii) within the lateral limits of the civil
airport imaginary surfaces defined in 14 CFR Section 77.19.
SECTION 6.0 NONCONFORMING USES
The regulations prescribed in Sections 4.0 and 5.0 of this Schedule shall not be construed to require
the removal, lowering or other change or alteration of any structure or tree not conforming to the
regulations as of the effective date of this Schedule, or otherwise interfere with the continuance of
any nonconforming use. Nothing herein contained shall require any change in the construction,
alteration or intended use of any structure the construction or alteration of which was begun prior to
the effective date of this Schedule. Any structure, object of natural growth, or use of land existing
on the effective date of these land development regulations, which exceeds any height limit
established herein or otherwise fails to comply with any provision of these land development
regulations, is hereby declared to be an existing nonconforming use and in violation of these land
development regulations.
Existing Nonconforming Educational Facilities. Except as provided in these land development
regulations or any other controlling_ provisions of law, there is no required removal, alteration,
sound conditioning or other change to or interference with the continued use, modification, or
adjacent expansion of any educational facility in existence on or before July 1. 1993, or be
construed to prohibit the construction of any new educational facility for which a site has been
determined as provided in former Section 235.19. Florida Statutes. as of July 1. 1993.
Declaration of Abandoned or Deteriorated Existing Nonconforming Use. In the event the
Airport Planning/Zoning Director and/or the SAA Airspace Director determines that an existing
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nonconforming use is abandoned or more than ei hly percent (80%) torn down, destroy
deteriorated, or deca ed, 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 ME petition the Board of Adiustment/Planning and
Zoning Commission
SECTION 7.0 LIGHTING
Notwithstanding the provisions of this Schedule, the owner of any structure over two hundred (200)
feet above ground level must install on that structure lighting in accordance with Federal Aviation
Administration Advisory Circular 701-7460-lKL_ FAA amendments and interlocal agreement
among Seminole County, Florida and Sanford Airport Authority and City of Sanford, Florida
Regarding Airport Zoning. Additionally, any stt. ,.tune e eedi g nine i,,,ndr-oa an f� ", nine (949)
feet above mean sea level shall install on that stfuetufe b
b
h intensity white ebs4uefien lights must be in aeeer-danee with the Feder -a! A,44ien Advisefy
Gir-eulaf 7044 60 1 K and FAA Amendments.
SECTION 8.0 HEIGHT VARIANCES AND CONDITIONAL USES
1. General. Any person desiring to erect or increase the height of any structure, or use his
property not in accordance with the regulations prescribed in this Schedule may apply to the
Administrative Official or the Planning and Zoning Commission. A variance shall be
required for single-family homes or duplexes. A conditional use shall be required for all
other uses. No application for variance or conditional use to the requirements of this
Schedule may be considered by Administrative Official or the Planning and Zoning
Commission unless a copy of the application has been provided the airport manager of
Orlando Sanford International Airport for his review and advice as to aeronautical effects of
the variance or conditional use. If the Orlando Sanford International Airport manager does
not respond to the application for variance or conditional use within fifteen (15) days after
receipt, the Administrative Official or the Planning and Zoning Commission may act on its
own to grant or deny said application for a variance or conditional use, respectively.
2. Criteria for granting a variance. No variance shall be approved solely on the basis that
such proposed structure will not exceed federal obstruction standards as contained in 14
C.F.R. 77.11 77.21, 77.23, 77.25, 77.28. of 77.29, 77.5. 77.7. 77.9 or any other federal
aviation regulation.
When determining whether to issue or deny a variance, the following shall be considered:
a. The nature of the terrain and the height of existing structures.
b. Public and private interests and investments.
C. The character of flying operations and planned developments of the airport.
d. Federal airways as designated by the Federal Aviation Administration.
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e. Whether the construction of the proposed structure would cause an increase in the
minimum descent altitude or the decision height at the airport.
f. Technological advances.
h. Land use density or intensity.
i. The safe and efficient use of navigable airspace.
j. The cumulative effects on navigable airspace of all existing structures, proposed
structures identified in the Sanford Comprehensive Plan and all other known
proposed structures in the area.
C. Documentation Required. Each person applying for a variance shall submit
documentation showing compliance with the federal requirement for notification of
proposed construction and a valid aeronautical evaluation.
SECTION 9.0 PERMITS
1. Future Uses: No material change shall be made in the use of land, and no structure or tree
shall be erected, altered, planted or otherwise established in any airport approach zone,
horizontal zone, conical zone or transitional zone, unless a permit therefore shall have been
applied for and granted by the Administrative Official or the Planning and Zoning
Commission. However, a permit for a tree or structure of less that seventy-five (75) feet of
vertical height above the ground shall not be required in the horizontal or conical zone or in
any approach or transition zone beyond a horizontal distance or five thousand (5,000) feet
from each end of the runway, except when such tree or structure, because of terrain, land
contour or topographic features, would extend above the height limit prescribed for the
respective zone.
Each such application shall indicate the purpose for which the permit is desired, with
sufficient particularity to permit it to be determined whether the resulting use, structure or
tree would conform to the regulations herein prescribed and is consistent with the Interlocal
Agreement among Seminole County, Florida and Sanford Airport Authority and City of
Sanford, Florida regarding Airport Zoning. If such determination is in the affirmative, the
permit applied for shall be granted.
2. Existing Uses: Before any existing use, structure or tree may be replaced, substantially
altered or repaired, rebuilt, allowed to grow higher or replanted within any airport approach
zone, horizontal zone, conical zone or transitional zone, a permit must be secured
authorizing such replacement, change or repair from the Administrative Official or the
Planning and Zoning Commission. No such permit shall be granted that would allow the
establishment or creation of an airport hazard or permit a nonconforming use, structure or
tree to be made or become higher, or become a greater hazard to air navigation that it was
on the effective date of this Schedule or than it is when the application for a permit for
replacement, change or repair of existing use, structure or tree shall be granted if consistent
with the Interlocal Agreement among Seminole County, Florida and Sanford Airport
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Authority and City of Sanford, Florida regarding Airport Zoning.
3. Abandoned or Destroyed Nonconforming Use or Structure: Whenever the
Administrative Official or the Planning and Zoning Commission determines that a
nonconforming use or nonconforming structure or tree has been abandoned for a period of
six (6) months or is more than eighty (80) percent torn down, destroyed, deteriorated or
decayed, no permit shall be granted that would allow said structure or tree to exceed the
applicable height limit or otherwise deviate from the zoning regulations as required by this
Schedule and is consistent with the Interlocal Agreement among Seminole County, Florida
and Sanford Airport Authority and City of Sanford, Florida regarding Airport Zoning.
SECTION 10.0 ADMINISTRATIVE OFFICIAL
The Administrative Official, as determined by action of the City Commission, or the Planning and
Zoning Commission shall have the administrative power to implement the provisions of this
Schedule.
SECTION 11.0 CONFLICTING REGULATIONS
Where this Schedule in conjunction with the Interlocal Agreement among Seminole County,
Florida and Sanford Airport Authority and City of Sanford, Florida regarding Airport Zoning
impose a greater or more stringent restriction upon the use of land than is imposed or required by
any other ordinance or regulation, the provisions of this Schedule and the Interlocal Agreement
among Seminole County, Florida and Sanford Airport Authority and City of Sanford, Florida
regarding Airport Zoning shall govern.
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INTERLOCAL 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
11 Page
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
2I Page
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
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Local Governments each hereby represents, vxanants, and covenants to and with the
other that this Interlocal Agreement has been validly approved bvits 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 hJadopt 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 ba[rn of this |nhadooa| /\onaen1eOt 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 amthe agent ofthe 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 tothe
implementation and maintenance of clear and open communication in order to further the
41PuQe
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 Page
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: wicolbert@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
61 Page
300South Orange Avenue
Suite 1600
Orlando, Florida 32835
Email: Kxvhght88shufts.cPD1
SECTION 10. DEFAULT.
(a). In the event ofdefault byoLocal Government, the other Local Governments
shall beentitled hoany and all legal remedies available under Florida law.
/U\. 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 ofreceipt hJ cure such defaults.
SECTION11. SEVERABILITY. |fany part ofthis Interlocal Agreement iafound
invalid or unenforceable byany 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 aDd if the intentions 0fthe
Local Governments can continue toboaffected. To that end, the terms ofthis Interlocal
Agreement are declared severable.
SECTION 12. TIME OF THE ESSENCE. Time is hereby dmo|onad of the
essence tothe lawful performance ofthe duties and obligations contained iOthis Interlocal
Agreement.
SECTION 13. APPLICABLE LAWNENUE. 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
8I Pa e
violation of said provisions of kavx by and officer, employee or agent of the other Local
Governments.
SECTION 19. FURTHER DOCUMENTS. Each ofthe 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
118, Florida Statutes, concerning (i) this Interlocal Agreement, 00the Airport Protection
Zoning Land Development Regulations or/ii0the process outlined therein, then each
Local Government shall promptly provide the other Local Governments with a copy of any
request and ehoU promptly provide the other Local Governments with m copy of the
responses toany such request.
SECTION 21. CAPTIONS. Sections and other captions contained inthis Interlocal
Agreement are for n*fensnoa purposes only and are in no way intended to deecribe,
interpret, define. or limit the scope, extent or intent of this Interlocal Agree[DeDt, or any
provision hereto.
SECTION 22. FORCE MAJEURE. The obligations hereunder shall be subject to
the concept of force majeure. Accordingly, inthe event of Acts of God, riot, weather
disturbances, pWrmdbng, war, terrorism, cyber bFeachee, civil disobedienoe. geologic
subsideDme, electrical foi|una, malfunctions, epidemic, pendmrnic and events of similar
notuna, the obligations shall be excused until the cause orcauses thereof have been
remedied,
91Pego
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
ZD
SEMINOLE COUNTY
By:
Grant Waloy Bob Dari
Clerk of Circuit urt Chair f the Board of i
Date:
Approved as to form and legality:
A Bryant Applegate, Esquire
County Attorney
ountv Commissioners
ATTEST.- SAA
Kennet Bentley d�ane
Sec /Tres Mfr �Ctaririfme�f the Board
I Date: � — 1 - ��-
as to f rr�-legality:
ht, Esqui
neral Counsel
ATTEST. -CITY O SANFORD
'.�r O'H .
Traci Houchin, MMC, F E PM Art* ru
Y
Cit Clerk Mayor
Y,
Approved as to form and legality: -
William L. Colbert, City Attorney
121 Pale
EXHIBIT 1
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EXHIBIT
Title.AIRPORT PROTECTION ZONING LAN12 DEVELOPMENT REGULATIONS
—
These land development regulations will beknown and may becited oS"Airport Zoning
Land Development Regulations for the Orlando Sanford International Airport.^
Authority.
kd. Seminole County/The City of Sanford has land use jurisdiction over all lands
located within its jurisdictional limits.
(b). Seminole CoUntu/7heCity ofSanford has the power tVprepare, adopt and enforce
thane land development regulations pursuant to Chapter 333. Florida 8&ybyb9s' as
amended from time -to -time. These land development regulations apply to all land within
the jurisdictional limits of 8eyn/nOb* Countmlthe City VfSanford except to the extent that
may bepreempted bycontrolling State OrFederal 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 0fCounty Commissioners ofSem/no/e COuntm4CitvCommission Ofthe
City of Sanford hereby declares and finds that use of lands within the C0unh/lCitv in
relation to the Orlando Sanford International Airport's facilities could impact the orderly
development and the hRo|1h, mafetv, onder, con*onience, pnoope[itv, and xve|fons of the
present and future citizens of the CouD/ulCitvaUd that Seminole {}ounb/. the City of
Sanford, and the Sanford Airport Authority have worked together to create safe, healthful,
pnoduotiwe, and aesthetically and culturally pleasing surroundings for the citizens and
businesses proximate to the Orlando Sanford International Airport (the "Airpod.) and to
maximize compatibility for surrounding communities as well as aviation's important
economic development impacts relative hmCity, 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, toprevent the creation ofairspace hazards and the use 0fland 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 orothers.
(d). The Florida Legislature has mandated the adoption of land development
regulations to assure compatible land uses surrounding the Airport.
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(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 CountylCity.
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 Planning2oning Director. The County/City Administrative Official, as
defined in the Land Development CodelLand 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). OE1. 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.
181 Page
0�. TERP3.C��ah��0liDa|��um�t un�for a��ngand �i �raft as established in FAA Order 8260.3C and Order 8260.58A, entitled "United States
Standards for Terminal Instrument Pr0cedVnes."OE|'TSS.
(b). These definitions may be used in the context of administrative rules that may be
adopted to implement the provisions ofthese land development regulations.
/c\. |naddi§ontothe definiUODsofthis Ordinance, the definitions set 6o�hinthe Land
' 'velopmn8Ot Code/lend Development Regulations may be used to implement the
provisions of this Ordinance and, to that end, shall be read in pari materia.
(a). The purposes ofthese land development regulations are aafollows:
(1). To promote the maximum safety of aircraft using the Airport.
(2). To promote the rnaX[numn safety of persons and property located
near the Airport.
(0. To promote the full utility of the Airport to aneUne the welfare and
convenience ofcitizens and visitors.
(4). To provide limits on the height of structures and objects of natural
growth xxiUliO the 14 (�FFl P�� 77 Su��o� primary, horizontal, conical,
�no ' '
approach and traDsitioM8|. TERPS eurfmoes, and other imaginary airport
airspace surfaces, OE|and TSS tnensure proper and sound development
of the areas within these surfaces.
/5\. Todiscourage new land uses, activities orconstruction incompatible
with existing and planned airport operations or public health, omfetv, and
welfare.
(8). 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 deve|op[Uantregulations ishm provide both airspace
' ' b�otiOD and land um�� compatible airport to promote the coordinated
pro
use oflands 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 ofInterpretation.
/a\. Unless the natural construction of the wording indicates otherwise, all words used
I9|Pago
in the present tense iDC|Vda the future tense; all xVopde 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 toarule, statute, regulation, orother legal requirement orform 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
conflict arises between an Airspace Surface and the regulations as set forth in 14 CFR
Sections 77.13, 77.15' 77.17.77.1S.77.21. and 77.23;terminal instrument procedures
as contained in FAA [)ndm[ 8260.3c and Order 8260.58A entitled "United States
Standards for Terminal Instrument Procedures"; Federal regulations for turbine powered
aircraft mscontained in14CFR Section 121.18S; and any other FAA Advisory Circulars
or guidelines relating to airopoce, 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 ofnatural growth that may create anAirport Hazard.
/a1. 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, horioonta|, conical approach and
transitional) airspace surfaces which currently for the Sanford Airport Authority any
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. Nostructure orobject ofnatural growth maybe developed,
constructed, established, eD|a[ged, substantially a|tered, uapaired, 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 Cnuntm4CitvindudiOg o copy of the FQ[[n 7480-1 and/or FAA's
online OE/AA4vvebsite tool, Notice of Proposed Construction or Alteration filed with the
FA\, 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 {}oun/ulCitv. An application for an airport height zoning permit
2U|Pago
must contain: 0@site survey, with an FAA accuracy code of1Awhich certifies the site
coordinates and elevations with an accuracy of +/- 20'feet horizontal and t/- 3 -feet
vertical /oU 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
aomay benecessary to enable the Airport Planning/Zoning Director t0determine whether
ornot the proposal will comply with these Land development regulations. Ageparate
application for an airport height zoning permit must be submitted for permanent or
temporary derricks, drag|inoo, cngnea, 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
aOauthorized agent ofthe property owner.
Pre -Application Conference Procedure.
Prior to submittal of any application for an airport height zoning pernmit, 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 sVthat issues can be idenUfied,
and costly modifications avoided. Information provided aearesult ofthe conference iafor
conceptual purposes only, is given solely as a means to assist the applicant, and does
not take the place ofthe formal application review process.
Review of Airport Height Zoning Permit Application.
Before anapplication for Gnairport 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 o completed application and copy of the final determination, the Airport
Planning/Zoning Director aho|| forward the application packet to the SAA Airspace
Director and to the FDOT Aviation Office' by means of certified nmai|, return receipt
requested, or by means of delivery sen/ice that provides evidence of delivery. FOOT
shall have fifteen (15) days to review the application for technical consistency with
Chapter 333, Florida StGb/tea, with said review period running concurrently with the
review by the Counh«Y3/vand the GAA Airspace Director. The SAA Airspace Director
ehoU 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 app|\n@bOR 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 8' section 3. part 2 of FAA Order 7400.3K. entitled "Procedures for
Handling Airspace K8attero", as provided in section 3.0 herein. Within a period oftwenty-
one (21)calendar days from receipt of(i)acompleted application, (ii) the analysis ofthe
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
2l|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 CodelLand Development Regulations.
Airspace Surfaces.
There are hereby created and established certain airspace imaginary surfaces inorder to
evaluate whether any existing or proposed structure or object of natural growth complies
with Federal obstruction standards Gs contained io14CFR 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, coOst[ucted, astabUshed, en|arged, substantially altered or repaired.
approved for construction, or issued a natural resources permit or building permit; and no
object ofnatural growth may be p|anted, allowed to grow or be rep|anbad, in any airspace
surface at @ height above the height limit established herein for the airspace surface in
which the structure orobject 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 /pri0ary, horizontal, conical approach and transitional) airspace
surfaces have been analyzed bythe Sanford Airport Authority and are illustrated onthe
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 awa|Ue1ing aeronautical effect as defined in Section 3' Chapter 6, Pad
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 bythe FAA and the SAA Airspace Director todetermine ifthe
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 BAA Airspace Director with this presumption in approving
o[denying anapplication for aDairport height zoning permit.
22|Page
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 334,
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 925.0221966.033, Florida
Statutes, shall be issued.
(d). Appeals. Any decision of the Airport Planning/Zoning Director disapproving an
241 Page
airport h���Di��r�a���nM��������iM�e of the
Land Development- CDdeYand Development Regulations pertainingto appeals from the
Administrative Official. For any appeals, a copy of the appeal must be provided to the
SAA Airspace Director b«sending the copy by certified mail to12OORed Cleveland Blvd,
Sanford FL 32773. On any appeal, a decision bvthe Airport Planning/Zoning Director
based upon the determination of the SAA Airspace Director or the FAA shall be presumed
tobecorrect and requires a finding bythe Board onappeal that the determination nfthe
SAA Airspace Director orthe F/\/\ in QPoem|y 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/\duGtnenticYann/OQ and Zoning Commission may review any
existing nonconforming use to determine if it is abandoned or more than eighty percent
/O096) torn doxvn, degtnoyed, detehonated, or decayed. Upon declaring on existing
'nonconforming use abandoned or more than eighty percent (80%) torn down, destroyed,
deteriorated, or decayed, the Board of AdjustmenUPlanning 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 get forth in Advisory
Cin:U|mr 70-7480' 1L. Change 1' or otherwise as recommended by the FAA or the GAA
/\ino9ame Director, the Airport Planning/Zoning Director shall Pequine, as o condition of
approval of an application for an airport height zoning permit, the property owner to install
prior to the issuance of certificate of occupancy, and to operate and rnaintgin, at the
property owner's own expeOse, such marking and/or lighting on the permitted structure
as maybe necessary to indicate to aircnRftpilots the presence of the structure orobject
ofnatural 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 14-6O.0DS.Florida Administrative Code.
Permit Required; Addition toThose Issued by Other Agencies.
ApenDit required by these land development regulations is in addition to any other
building, zoDiDg, envinJnmnen1a|, or occupancy permits required by any other
governmental agency or jurisdiction. Pursuant to Section 125.022/106.033. Florida
Stabuh9o, iSSUaDna of airport height zoning permit by the CountmlCih/does not in any
way create o[vest any rights onthe part ofthe applicant orproperty owner toobtain a
permit from a State or Federal agency and does not create any liability on the part of the
CountylCity for issuance of the permit if the applicant or property owner fails to obtain
requisiteapprovals or fulfill the obligations imposed by a state Or Federal agency or
undertakes actions that result in G violation of state or Federal law. Pursuant to Section
125.0221166.033. Florida 3tgbutes, the property owner shall obtain all other applicable
State o[Federal permits before commencement ofdevelopment.
25|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
261Page
land development regulations. Upon receipt of such . the Board Of
,4 , ' - and Zoning Commission m�conduct a public hearing pursuant to
these land development regulations after dug notice to the owner. If, after a public
hearing` the Board of/ldjuabnenb9zlaOn/ng and Zoning Commission determines the
existing nonconforming use to be abondOned, ormore than eighty percent /8O%\torn
down, destroyed, deteriorated, or decayed, the Board of AdjustmentlPlanning and Zoning
CoO?rnisak}n may compel the mwner, at the owner's own expense to |ower, remove,
recoDmtruct, equip, or otherwise alter the existing nonconforming use as may be
necessary to conform bJthese land development regulations.
�
\. �i|u���mo�A�mdo�d� Existing i�U�'
If `'epnoperty owner neglects or refuses to comply with such order within thirty 80
calendar d s/�rn���er��C����ypn�����r.�m'�.
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 oFother governing body operating a pVb|io-Voa airport has
conducted a noise study 'n 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 Adnninistration, the prohibition of incompatible Voeo' as
established in the noise study in 14 C.F.R. part 150. Appendix or as o part ofan
alternative Fodgnm| Aviation Ad[ninimtna1iVO-approved public study, within the noise
contours established by any of these o1Vdiea' except if such uses are specifically
contemplated by such study with appropriate rnibg@tiqO orsimilar techniques described
in the study.
Landfills
There is @ 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 |a0enB| limits of the civil airport
imaginary surfaces defined in 14 C.F.R. o.77.19.
Enforcement.
In the event of violation of these land development regulations or an oPder, ruling, or
permit issued hereunder, the Airport Planning/Zoning Director shall request that the code
enforcement staff ofthe OOun/u1ci/vinitiate code enforcement actions inaccordance 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
(3O) calendar days after notice thereof, the (�oun/mY3tvrnmy proceed to lower, remove,reco' 'DstruCt, equip. Or otherwise @\har the structure or use and mes8gs the cost and
expense thereof oOthe structure o[the real property whereon itisorwas located. The
forgoing sentence is in addition to other code enforcement actions provided under law.
27}PoQe
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 AdjustmentlPlanning 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 AdjustmentlPlanning
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 AdjustmentlPlanning 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 AdjustmentlPlanning 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 a„e
Board of AdjustmentlPlanning 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 AdjustmentlPlanning 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 CodelLand Development Regulations of the
CountylCity; judicial review of any decision of the Board of AdjustmentlPlanning 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 CountylCity 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 AdjustmentlPlanning 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
CountylCity and the FDOT.
(c). This Ordinance may be amended in conformance with the interlocal agreement
entered by the Sanford Airport Authority and the CountylCity, as well as Chapter 333,
Florida Statutes; provided, however, that, before advertising a proposed amendment, the
CountylCity 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 Countylthe City of Sanford in terms of the matters relating
291 Page
to any and all actions and activities of the CountylCity 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
CodelLand Development Regulations of the CountylCity.
(b). Typographical errors and other matters of a similar nature that do not affect the
intent of this Ordinance, as determined by the CountylCity Clerk and CountylCity
Attorney, may be corrected with the endorsement of the CountylCity 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.
This Ordinance shall take effect immediately upon enactment.
301 Page
EXHIBIT 1
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CITY OF
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WS_ RM X
FLORIDAFORD
Item No.
CITY COMMISSION MEMORANDUM 22200
AUGUST 22, 2022 AGENDA
TO: Honorable Mayor and Members of the City Commi
PREPARED BY: Eileen Hinson, AICP — Director of Planning
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Update to Schedule R Airports and Aircraft, based on the recently adopted
Interlocal Agreement 2413, and in compliance with Chapter 333, Florida
Statutes
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
Update Regulatory Framework
Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
On March 12022, the Sanford City Commission adopted an Interlocal Agreement with Seminole
County and the Sanford Airport Authority (SAA) to ensure compliance with Chapter 333, Florida
Statutes. Staff has reviewed the agreement and has presented the proposed changes to Schedule R
Airports and Aircraft.
FISCAL/STAFFING STATEMENT:
There is no fiscal impact associated with this item.
BACKGROUND:
Schedule R is being updated based on the recently adopted interlocal agreement between Seminole
County, the Sanford Airport Authority and the City of Sanford related to the application of zoning
regulations in and adjacent to the Orlando -Sanford International Airport. The intention of the
interlocal agreement is to provide standard review processes to prevent obstructions within the
airspace of the airport and adjacent to the airport. As a result of the interlocal agreement, several
sections in Schedule R require revision and/or inclusion of new language to promote consistency
between Seminole County and the City of Sanford in application of zoning regulations related to
the airport.
State law now requires Certified Local Governments in the same status as the City, to address the
subject areas of the following: aircraft noise, educational facilities, sanitary landfills (bird
attractants), and tall structure permits (only required for structures where Federal obstruction
standards are exceeded and if the proposed construction or alteration is within a 10 -nautical mile
radius of the airport reference point located at the approximate geometric center of all usable
runways of a public -use airport or military airport).
The sum of all revisions to Schedule R fall into to five (5) subject areas:
(1). Updated Definitions
(2). Educational facilities.
(3). Sanitary landfills (as bird attractants).
(4). Existing Nonconformities.
(5). Tall structures.
These five (5) areas will be regulated in conformance with the procedures set forth with the adopted
Interlocal Agreement 2413, and in Compliance with Chapter 333, Florida Statutes.
On July 7, 2022, the Planning and Zoning Commission recommended the City Commission adopt
an ordinance to update Schedule R Airports and Aircraft, based on the recently adopted Interlocal
Agreement 2413, and in compliance with Chapter 333, Florida Statutes.
LEGAL REVIEW:
The City Attorney's office has reviewed this request and has prepared the interlocal agreement
and Ordinance for this matter.
The City Commission approved the first reading of Ordinance No. 4705 on August 8, 2022.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on August 15,
2022.
RECOMMENDATION:
City staff recommends to adopt Ordinance No. 4705.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4705."
Attachments: Exhibit A "Schedule R Airports and Aircraft"
Ordinance No. 4705
Interlocal Agreement 2413 with Exhibit 1 and Exhibit 2
T:Oevelopment Review\03-Land Development\2022\Schedule R Update\CC\CC Memo - Airport Schedule R Update.docx
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