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