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HomeMy WebLinkAbout1358-18 Airport Zoning (revising Ordinance 996-07) IIIIIIIIIIIIIIIIIIIIII1IIIIIIIIIIIIIIIIIIIII1IIIIIIIIIIIIIII r 2018071995 ORDINANCE NO. 1358-18 AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, TO BE KNOWN AS THE ZEPHYRHILLS MUNICIPAL AIRPORT ZONING ORDINANCE; SETTING FORTH DEFINITIONS; ESTABLISHING AN APPLICATION PROCESS; CONSTRUCTION; NOTICE REQUIREMENTS; AIRPORT HAZARD ZONES AND AIRSPACE HEIGHT LIMITATIONS; LAND USE RESTRICTIONS; NOISE IMPACT AREA; NONCONFORMING USES; ENFORCEMENT PROCEDURE; APPEAL PROCEDURES; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. Rcpt:1952731 Rec: 112.00 DS: 0.00 IT: 0.00 04/30/2018 E. M, , Doty Clerk SECTION 1. TITLE. \� A. This Ordinance supersedes and repeals the AirportZoning Ordinance provisions contained in Zoning Ordinance Nos. 295 and 315, ZEPHYRHILLS CITY CODE, Appendix A—Zoning, and shall be known and may be cited as "Zephyrhills Municipal Airport Zoning Ordinance." (-PAULA S.O'NEIL,Ph.D.PASCO CLERK & COMPTROLLER. 04/30/2018 10:22am 1 of 13 SECTION 2. DEFINITIONS. OR BK 9716 PG 1956 The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Aeronautical Study means a Federal Aviation Administration study, conducted in accordance with the standards of 14 C.F.R. part 77, subpart C, and Federal Aviation Administration 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. Airport means any area of land or water designed and set aside for the landing and taking off of aircraft and used or to be used in the interest of the public for such purpose. For the purpose of this ordinance "Airport" refers to the Zephyrhills Municipal Airport. Airport Hazard means an obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities. Airport Hazard Area mean any area of land or water upon which an airport hazard might be established. Airport Elevation or Height means the highest point of an Airport's usable landing area measured in feet above mean sea level. Airport Land Use Compatibility Zoning means airport zoning regulations governing the use of land on, adjacent to, or in the immediate vicinity of airports. Airport Protection Zoning Regulations means airport zoning regulations governing airport hazards. Airport Reference Point means the point established as the approximate geographic center of the airport landing area and so designated. Airspace Hazard means any Structure or object of natural growth or use of land,which protrudes above or into the navigable airspace. Airspace Height means the height limits in all zones set forth in this Ordinance. The datum shall be mean sea level elevation(AMSL)unless otherwise specified. Avigation Easement means a covenant running with the land in which the property owner grants to the county the right to use the airspace above the owner's property and to create noise normally ,ev Record and Return to: City Clerk's Office i I. 5335 8th Street 1 Zephyrhills, FL 33542 OR BK 9716 PG 1957 2 of 13 associated with aircraft operation without liability. The avigation easement shall be drafted by the city attorney's office and executed by both the City and the property owner. Clearance Determination is a determination based upon the standards herein,made by the airport manager or designee in conjunction with development review services prior to the issuance of any development or use authorization, that the proposed development or use would not intrude into any airport zone as defined within this regulation. CFR is the Code of Federal Regulations. Educational Facility means 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 multi- tenant building. FAA is the Federal Aviation Administration, a division of the U.S. Department of Transportation. FAR is the Federal Aviation Regulations, Title 14, Code of Federal Regulations. FAR Part 77 is entitled "Safe, Efficient Use, and Preservation of the Navigable Airspace". Height Limitation Zone Map means the aerial photograph attached to this Ordinance and made a part hereof, with the imaginary or hazard zoning surfaces drawn thereon, the layout of the runways, the Airport zoning reference point,the Airport elevation and the topography of the area. The aerial also depicts the various zones with the applicable height limitations for each, and identifies topographic features such as major streams, rivers,railroads, roads and streets. Landing Area means the area of the airport used for the landing, takeoff or taxiing of aircraft. Landfill is the same meaning as provided in s. 403.703. Minimum Descent Altitude means the lowest altitude, expressed in feet above mean sea level,to which descent is authorized on final approach or during circling-to-land maneuvering in execution of a standard instrument approach procedure where no electronic glide slope is provided. Minimum En-Route Altitude means 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 means the specified altitude in effect between radio fixes on VOR airways, off-airway routes, or route segments which meets Obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage only within 22 miles of a VOR(very high omnirange) station. Nonconforming Use means any preexisting Structure or use of land which lawfully exists at a specific height at the time of this regulation, and which existence or height is inconsistent with the provisions of this regulation or an amendment thereto. Non-Precision Instrument Runway means a runway having a non-precision-instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non=precision-instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document or military service's military airport planning document. Obstruction means any existing or proposed object,terrain, or structure construction or alteration that exceeds the federal obstruction standards contained in 14 C.F.R. part 77, subpart C. The term includes: (a) Any object of natural growth or terrain; (b) Permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus; or (c) Alteration of any permanent or temporary existing structure by a change in the structure's height, including appurtenances, lateral dimensions, and equipment or materials used in the structure. 2 OR BK 9716 3 of s 1958 Person means any individual, firm, copartnership, corporation, company, association,joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. Political Subdivision means the local government of any county, municipality, town, village, or other subdivision or agency thereof, or any district or special district, port commission, port authority, or other such agency authorized to establish or operate airports in the state. Precision Instrument Runway means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS), or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and so indicated by an FAA approved airport layout plan or any other FAA planning document. Public-Use Airport means an airport,publicly or privately owned, licensed by the state, which is open for use by the public. Runway means a defined area on an Airport prepared for landing and takeoff of aircraft along its length. Runway Protection Zone(RPZ)means an area at ground level beyond the runway end to enhance the safety and protection of people and property on the ground. Structure means any object, constructed, erected, altered or installed, including but not limited to: buildings, towers, smoke stacks, utility poles, power generation equipment, and overhead transmission lines. Substantial Modification mean any repair, reconstruction, rehabilitation, or improvement of a structure when the actual cost of the repair, reconstruction, rehabilitation, or improvement of the structure equals or exceeds 50 percent of the market value of the structure. Object of Natural Growth means any organism of the plant kingdom, including a tree. Utility Runway means a runway that is constructed for and intended to be used by propeller- driven aircraft of 12,500 pounds maximum gross weight and less. Visual Runway means 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 a 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. PURPOSE. The purpose of this Ordinance is to implement Airport Protection Zoning Regulations which provide airspace and land use protection for the existing and expected future operations of the Zephyrhills Municipal Airport in order to promote the public interest in safety,health, and general welfare. Also,to provide efficient use of the Airport lands, to provide protection for adjacent land uses and the residents of Zephyrhills and surrounding areas. The Zephyrhills City Council, as the adopting political subdivision, finds that: A. The creation or establishment of an airport hazard and incompatible land use reduces the navigable airspace available in the region served by the airport; B. It is necessary in the interest of the public health,public safety, and general welfare that the creation or establishment of airport hazards and land incompatible with airport operations; C. The prevention of these airport hazards and incompatible land uses should be accomplished, to the extent legally possible, without compensation; and D. Preventing the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes 3 j OR BK 9716 PG 1959 4 of 13 for which the City Council may raise and expend public funds and acquire land or property interests therein, or air rights thereover. SECTION 4. APPLICATION PROCESS. To prevent the Construction of Structures deemed to be hazardous to air navigation, each person proposing to construct any.Structure, which will fall within one or more of the categories detailed under Sections 5 and 6 of this Ordinance shall submit a Development Permit application to the City of Zephyrhills Building Department(Building Department). A. Any person proposing to construct any Structure, within 10 nautical miles of the airport reference point, shall utilize the FAA Notice Criteria Tool(https://oeaaa.faa.gov)to determine if the FAA will require the filing of a Form 7460-1, Notice of Proposed Construction or Alteration. This shall be completed prior to submitting an application for Development Permit to the City Building Depaitment for review. The Form 7460-1 will allow the FAA to conduct a full Aeronautical Study in conformance with CFR Part 77 Subparts B and C. The Aeronautical Study shall determine if the proposed structure is an obstruction and/or an airport hazard. Coordination with the FAA typically can take up to 90 days to process. The FAA issued Determination Letter shall be provided to the Airport manager at the pre-application meeting and submitted to the Building Department along with the application form. B. Pre-Application Meeting. Prior to applying for a Development Permit under Section 11.01.00 as amended of the Zephyrhills Land Development Code, applicants must coordinate with the Airport Manager to ensure that the proposed development is in compliance with the provisions of the Zephyrhills Municipal Airport Zoning Ordinance. (1) Processing Development Permit Application. An application for a development permit must contain a copy of the final FAA Determination Letter indicating No Hazard to Air Navigation, if applicable; elevation drawings; and proposed plans for the structure. The Airport Manager will indicate compliance with the height and land use limitations prescribed by this Ordinance by annotating signature approval on the Development Permit application. The Building Department shall consider F.S. § 333.07(2) during the determination process. Where the FAA has issued a Notice of Presumed Hazard, the Building Department shall deny the Development Permit. (2) A copy of the complete permit application shall be provided to the Florida Department of Transportation Aviation and Space Ports Office via certified mail or email for a 15-day review. (a) In the event the Airport Manager denies an application for violating the provisions of this Ordinance, the proposed Construction shall not be permitted by the Building department. The applicant may appeal the decision of the Building department to the Board of Adjustment pursuant to Florida Statute 333 SECTION 5. AIRPORT HAZARD ZONES AND AIRSPACE HEIGHT LIMITATIONS. A. To implemenrtle provisions of thisOrdinance,there are hereby-created-and established certain zones,based upon airport imaginary surfaces identified in Section 77.19 of 14 CRF Part 77, which include all of the land lying beneath the approach, transitional, horizontal and conical surfaces (zones) as they apply to Zephyrhills Municipal Airport. Such zones are shown on the Zephyrhills Municipal Airport Height Zoning Map which is attached to this Ordinance and made a part hereof. B. Except as otherwise provided in this Ordinance, no structure or object of natural growth shall be constructed,erected,altered,or allowed to grow beyond the height of any imaginary surface or zone created by this Ordinance in accordance with 14 CFR Part 77, Subparts B and C without the FAA Aeronautical Evaluation Determination of No Hazard to Air Navigation obtained through the Aeronautical Study process which is initiated by the submittal of the FAA Form 7460-1. The FAA Notice Criteria Tool shall be utilized by the permit applicant, to 4 q OR BK 9716 PG 1960 5 of 13 determine if a structure requires a Form 7460-1 submittal. Where an area is covered by more than one height limitation under this section, the more restrictive limitation shall prevail. The imaginary surfaces are established and defined as follows: (1) Primary Surface (Zone): An area longitudinally centered on a runway, extending 200 feet beyond each end of that runway. The width of the primary surface is for the most precise approach existing or planned for either end of that runway as follows: Runways 5 and 23: 500 feet for Non-Precision-Instrument Runways having visibility iminimums greater than three-fourths statute mile. Runways 1 and 19: 1,000 feet for Precision Instrument Runways having visibility minimums less than three-fourths statute mile. No Structure or Obstruction will be permitted within the primary surface(zone)that is not a critical part of the airfield and is of a greater height than the nearest point on the runway centerline. (2) Horizontal Surface (Zone): A horizontal plan 150 feet above the established airport elevation,the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is: Runways 5, 23, 1, and 19: 10,000 feet for all runways not designated as visual or utility. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest composite value determined for either end of the runway. When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000- foot arc shall be disregarded on the construction of the perimeter of the horizontal zone. (3) Conical Surface (Zone): The area extending outward and upward from the periphery of the horizontal surface slope of 20 to 1 for a horizontal surface for a distance of 4,000 feet. Height limitations for Structures in the conical surface are 150 feet above Airport Elevation at the inner boundary with permitted height increasing one foot vertically for every 20 feet of horizontal distance measured outward from the inner boundary to a height of 350 feet above Airport Height at the outer boundary. (4) Approach Surface (Zone): An area longitudinally centered on the extended runway centerline and extending outward from each end of the primary surface. An approach surface is designated for each runway based upon the type of approach available or planned for that runway end. The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of: Runways 1 and 19 (precision instrument runways): 16,000 feet. Runways 5 and 23: 3,500 feet for that end of a Non-Precision-Instrument Runway other than utility,having visibility minimums greater than three-fourths of a statute mile. The approach surface extends for a horizontal distance of: Runways -1=and-.19.(precision instrument-runways): 50,000 feet. The-:height increases 1 foot vertically for every 50 feet of horizontal distance for the first 10,000 feet, and then increases 1 foot vertically for every 40 feet horizontal distance for an additional 40,000 feet. Runways 5 and 23: 10,000 feet with a height increasing 1 foot vertically for every 34 feet of horizontal distance for all Non-Precision-Instrument Runways other than utility. The outer width of an approach zone to an end of a runway will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end. (5) Transitional Surface (Zone): The area extending outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the 5 OR BK 9716 PG 1961 6 of 13 sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline. (6) Other areas: In addition to the height limitations imposed in subsections (b) (1) through (5) of this section, no Structure or Obstruction will be permitted within the limits of the City of Zephyrhills that would cause a Minimum Obstruction Clearance Altitude, a Minimum Descent Altitude or a decision height to be raised. C. Nothing in this Ordinance shall be construed as prohibiting the growth, construction or maintenance of any object of natural growth(tree) or structure to a height up to 25 feet above the surface of the land. SECTION 6. AIRPORT LAND USE RESTRICTIONS. A. Use Restrictions: Notwithstanding any other provisions of this Ordinance, no use may be made of land within any zones established by this Ordinance in such a manner as to create a hazard to the safe operation of an airborne aircraft.The following special requirements shall apply to each permitted use: (1) All lights or 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 a public airport or in the vicinity thereof. (2) No operations of any type shall produce smoke, glare or other visual hazards within three(3) statute miles of any usable runway of the Zephyrhills Municipal Airport. (3) No operations of any type shall produce electronic interference with navigation signals or radio communications between the Zephyrhills Municipal Airport and aircraft. (4) Zone Establishment. There is hereby created and established as an overlay zone on the adopted Municipal Boundary Map a Runway Protection Zone for areas at each end of every active runway at the Zephyrhills Municipal Airport.Within a runway protection zone, certain uses are restricted or prohibited to reduce incompatibilities with normal airport operations and danger to public health. The following types of uses shall be prohibited within the runway protection zone: i. Educational Facilities. ii. Hospitals,medical inpatient treatment facilities,nursing/convalescent home facilities. iii. Places of worship. iv. Hazardous Materials or Fuel Storage. v. Recreational (including place of public assembly). -.wi._..>.Residential. (5) Solid Waste Disposal Sites shall be reviewed in accordance with the State of Florida Department of Environmental Protection (DEP) Rule Chapter 17-701, which requires the following: i. No Solid Waste Disposal Sites shall be permitted to be located within 10,000 feet of any publicly licensed airport active runway used or planned to be used by turbine powered aircraft; or ii. within 5,000 feet of any publicly licensed airport active runway used only by piston type aircraft; or 6 • OR BK 9716 PG 1962 7 of 13 iii. locations outside the above locations but still within the limits of any airport imaginary surface as defined in 14 CFR Part 77, Section 77.19 and determined by the FAA to pose a hazard. Where any landfill is located and constructed in a manner that attracts or sustains hazardous bird movements from feeding, water, or roosting areas into, or across, the runways or approach and departure patterns of aircraft. The landfill operator must, at their own expense, incorporate bird management techniques or other practices to minimize bird hazards to airborne aircraft (6) Lighting. The FAA Aeronautical Study determination will specify requirements for obstruction lighting. The owner of the obstruction must install, operate, and maintain obstruction lighting at his/her own expense. Obstruction lighting shall conform with the FAA Advisory Circular 70/7460-1, Obstruction Marking& Lighting. (7) No educational facility, with the exception of aviation school facilities, shall be permitted within an area extending along the centerline of any runway and measured from the end of the runway and extending for a distance of five miles and having a width equal to one-half of the runway length. Exceptions approving construction of an educational facility within the delineated area shall only be granted when the Zephyrhills City Council makes specific findings detailing how the public policy reasons for allowing the construction outweigh health and safety concerns prohibiting such a location. SECTION 7. RESTRICTIONS IN AIRPORT NOISE IMPACT AREA. A. Construction of any new educational facility,with the exception of aviation school facilities, or residential construction shall not be permitted within an Airport Noise Impact Area until such time as the City amends this section. The provisions of this subsection do not apply to existing residential or new residential construction within platted residential areas established on or before September 1, 2007. B. Construction of any educational facility within an area extending five miles along the runway centerline of the airport and which has a width measuring one-half the length of the runway shall be prohibited. The continued use or adjacent expansion of existing structures or new structures for which a site has been determined as provided in F.S. § 235.19 as of July 1, 1993 are excluded. SECTION 8. NONCONFORMING USES. A. Regulations not retroactive. The regulations prescribed by this Ordinance shall not be construed to require the removal, lowering or other changes or alteration of any structure not conforming to the regulations as of January 1, 2008, or otherwise interfere with the continuance of any nonconforming use. Nothing contained in this Ordinance shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to January 1, 2008, and has not been abandoned. B. Abandoned or Deteriorated Existing Nonconforming Use. In the event the City of Zephyrhills Building Department determine that a nonconforming obstruction has been abandoned or is more than 80% torn down, destroyed, deteriorated, or decayed, a permit may not be granted if it would allow the obstruction to exceed the applicable height limit or otherwise deviate from this airport protection zoning regulation. The owner of the nonconforming obstruction may be required, at his or her own expense, to lower,remove,reconstruct, alter, or equip such obstruction as may be necessary to conform to the current airport protection zoning regulations. Should the owner neglect or refuse to comply within 10 days of notice, the City of Zephyrhills Building Department may proceed to have the obstruction lowered, removed, reconstructed, altered, or equipped, and assess the cost and expense thereof upon the owner of the obstruction or the land whereon it is or was located. C. Marking and lighting. Notwithstanding the provision of subsection (a) of this section, the owner of any obstruction is hereby required to permit the installation, operation and maintenance thereof of such markers and lights as deemed necessary by the FAA through the Aeronautical Study. The FAA's Determination of No Hazard will identify the type of obstruction lighting and marking required in accordance with Advisory Circular 70/7460-1, Obstruction Marking and 7 OR BKi61963 8 of 13 Lighting to indicate the presence of an obstruction to aircraft operators in the vicinity. Such markers and lights shall be installed,operated and maintained at the expense of the property owner. D. Acquisition of Air Rights(Avigation Easement). In the event the City of Zephyrhills Building Department determine a nonconforming obstruction is an airport hazard and the owner will not remove, lower, or otherwise eliminate it; the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations. The board of adjustment, with recommendations by the airport authority,may acquire an avigation easement. The Board of Adjustment shall,in addition to the damages for the taking,injury, or destruction of property, also pay the cost of the removal and relocation of any structure or any public utility that is required to be moved to a new location. SECTION 9. ENFORCEMENT OF ORDINANCE. It shall be the duty of the City of Zephyrhills Building Department, with recommendations from the Airport Manager, to administer and enforce the regulations prescribed in this Ordinance. Applications for clearance determinations and permits shall be required to be made to the Building Depar tiuent upon a form furnished by it. Applications required by this Ordinance to be submitted to the Building Department shall be promptly considered and granted or denied. Applications for action by the Zephyrhills City Council shall be forthwith transmitted by the planning department. SECTION 10. BOARD OF ADJUSTMENT, CODE ENFORCEMENT,AND APPEALS. A The Board of Adjustment, Code Enforcement, and Appeals established under Ordinance 1329-17 shall hear and decide appeals from any order, requirement, decision or determination made by the Building Department in the enforcement of this Ordinance. B. The Board of Adjustment, Code Enforcement, and Appeals shall consist of the members appointed in accordance with the terms of Ordinance 1329-17. C. Board of Adjustment, Code Enforcement, and Appeals Review Criteria. The following criteria shall be considered by the Board of Adjustment, Code Enforcement, and Appeals in making a determination on any appeal to a decision made by the Building Department in its administration of this Ordinance: (1) The nature of the terrain and height of existing structures. (2) Public and private interests and investments. (3) The character of flying operations and planned developments of airports. (4) Federal airways as designated by the Federal Aviation Administration. (5) Whether the construction of the proposed structure would cause an increase in the minimum descent altitude or the descent height at the affected airport. (6) Technological advances. (7) The safety of persons on the ground and in the air. (8) Land use density. (9) The safe and efficient use of navigable airspace. (10) The cumulative effects on navigable airspace of all, existing structures, proposed structures identified in the applicable jurisdictions' comprehensive plans, and all other known proposed structures in the area. (11) The need for the establishment of an avigation easement. 8 OR BK 9716 PG 1964 9 of 13 (12) The recommendation from the Zephyrhills Airport Authority (13) Federal Aviation Administration Aeronautical Study Determination SECTION 11. APPEALS. A. Any person aggrieved by any decision of the Building Depai talent made in its administration of this Ordinance, if of the opinion that a decision of the Building Department, or the airport manager or designee is an improper application of these regulations, may appeal to the Board of Adjustment, Code Enforcement, and Appeals. B. All appeals must be taken within 14 days by filing with the agency from which the appeal is taken and the Board of Adjustment, Code Enforcement, and Appeals a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the Board of Adjustment, Code Enforcement, and Appeals all the papers constituting the record upon which the action appealed from was taken or properly certified copies thereof in lieu of originals as the agency involved may elect. C. An appeal shall stay all proceedings in furtherance of the action appealed from unless the agency from which the appeal is taken certifies to the Board of Adjustment, Code Enforcement, and Appeals after notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril of life or property. In such cases, proceedings shall not be stayed otherwise than by an order of the Board of Adjustment, Code Enforcement,and Appeals on notice to the agency from which the appeal is taken and on due cause shown. D. The Board of Adjustment, Code Enforcement, and Appeals shall hold a public hearing prior to making a determination on any appeal. The Board or Adjustment, Code Enforcement, and Appeals shall issue a notice, via certified mail, of the time and place of such public hearing to the petitioner no later than 14 days prior to the hear date. Such notice will contain the name of the petitioner; date and time of the hearing; and,a brief statement of the error alleged by the petitioner. The Board of Adjustment, Code Enforcement, and Appeals will publish an advertisement of the public hearing in the local newspaper at least 14 days prior to the date of the public hearing. E. The Board of Adjustment, Code Enforcement, and Appeals may, in conformity with the provisions of this Ordinance,reverse or affirm,wholly or partly,or modify,the order,requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken. SECTION 12. JUDICIAL REVIEW. Any person or political subdivision affected by any decision of the Board of Adjustment, Code Enforcement, and Appeals may apply for judicial relief to the circuit court within 30 days after rendition of the decision.Review shall be by petition for writ of certiorari,which shall be governed by the Florida Rules of Appellate Procedure. The court has exclusive jurisdiction to affirm, reverse,or modify the decision on the permit or other determination from which the appeal is taken and, if appropriate, to order further proceedings by the political subdivision or its administrative agency. The findings of fact by the Board of Adjustment, Code Enforcement, and Appeals,if supported by substantial evidence, shall be accepted by the court as conclusive, and an objection to a decision of the political subdivision or its administrative agency may not be considered by the court unless such objection was raised in the underlying proceeding. Should this ordinance be held by a court to interfere with the use and enjoyment of a particular structure or parcel of land, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the State Constitution or the Constitution of the United States, such holding shall not affect the application of such 9 OR BK 9 716 PG of 1965 13 regulations to other structures and parcels of land, or such regulations as are not involved in the particular decision. A judicial appeal to any court may not be permitted until the appellant has exhausted all its remedies through application for local government permits, exceptions, and appeals. State law references: Judicial review, F.S. § 333.11. SECTION 13. PENALTY FOR VIOLATION OF ORDINANCE. (a) Any person violating any regulations, orders, or rulings adopted by the provisions of this Ordinance, upon conviction in the County Court, shall be charged with.a misdemeanor of-the second degree punishable as provided in s. 775.085 or s. 775.083. Each day.a violation continues to exist shall constitute a separate offense. (b) In addition to the provisions of subsection(a) of this section, the City may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violations of this Ordinance or of any airport zoning regulation adopted under this Ordinance or of any order or ruling made in connection with the administration or enforcement thereof seeking such relief, by., way of injunction or otherwise, as may be proper under the facts and circumstances of the case. State law references: Penalties for violation of airport zoning ordinances;F.S. § 333.13(1) and(2). SECTION 14. CONFLICTING REGULATIONS. (a) Incorporation. In the event that a political subdivision has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating,among other things,the height ofbuildings,structures and natural objects, and uses of property, any airport zoning regulations applicable to the same area or portion thereof may be incorporated in and made a part of such comprehensive zoning regulations for that political subdivision, and be administered and enforced in connection therewith. (b) Conflict. In the event of any conflict between the airport zoning regulations adopted under this Ordinance and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, and whether such regulations were adopted by the political subdivision which adopted the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail. State law references: Similar provisions, F.S. § 333.04. SECTION 15. SEVERABILITY. If any of the provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance, which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable. SECTION 16, REPEALER. Any ordinance, or part of any ordinance, in conflict herewith is hereby repealed to the extent of any conflict. SECTION 17. INCLUSION IN CODE. The provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Zephyrhills, Florida. The sections of this Ordinance may be renumbered or re- lettered and the word"ordinance"may be changed to"section","article"or such other appropriate word or phrase in order to accomplish such. 10 OR BK 9716 PG 1966 of 13 SECTION 18. EFFECTIVE DATE. This Ordinance shall become effective upon passage on the second reading and signing by the Mayor. ........S The + iii u'`.;e.-,,,No. 1358-18 was read andpassed on the first readingin an open and �' �....91 � P re;` . .,rt'i'G+.`•"• ,;of •.k i'y: ouncil of the City of Zephyrhills, Florida, on this 9th day of April, . ai(724Xtestes #%�'•Vlb AP- ' , �`-p = -- e al, C'`y lerk W. Alan Council President The foregoitig Ordinance No. 1358-18 was read and passed on the second reading, following a uliig1JMirgie• .. open and regular meeting of the City Council of the City of Zephyrhills, 7 flida, on fhisA`+ ;:of April, 2018. v. tz �- .A' `, .41 ��. _ /_icear -e•. , City Clerk Lance S ith, Council President 1* .....•.. .0., - - 0 I./W.,c`e The foregoing Ordinance No. 1358-18 was approved by me this 23rd day of April, 2018. Gene rtfie d, ay --ji° • Approved as to legal form and legal content for the reliance of the City of Zephyrhills only: ,2/7 M thew E. Maggar , City Attorney I 11 OR BK 9716 PG 1967 12 of 13 APPENDIX 1 Airspace Plan FAA Part 77 Surfaces Please note that maps in the Airport Zoning Ordinance are representational only. Locational requirements can be verified by the Zephyrhills Municipal Airport. Hard copy, scaled maps are available upon request from the airport. • • 12 y 4 -,,,v__am- _ a a y v. S. T+i4 i tr II P T / I - -CONICAL SURFACE - - '\\ y �..'\. r w" ' � 4°Ay SLOPE 20' \ hi �' t Pr.:*"";*' ,fes ..4 w.'• ° �/ y'� Y .< ; i ° ,,1I� j s ,' /`__ 5J \ -� - - GRAPHIC SCALE ;'1 I ��', t. `' �� I Leon' Lear ,,,, eiR tY. ar I f Flir r �� ELISION APPROACH .'`s-�(�� Ai i ,, ,. M-4 _ 1 w,+... e (�xertR) / �^ =� , I•-3.800' sok, • 111 1 } ' �-I, f - A.. �y -.'moi' • / ♦-, : \ ' c • 1. 1 1 d'� i. b. \ 1 / , i _ / ■it A� 'r�, " x � � 'fin'� KL 19,00 �'3'�a -, HORIZONTAL SURFACE f V. 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