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Home My WebLink About316 Airport Ordinance Noise Hazard 41 \ o, CAro,j, ORDINANCE NO . 316 VY AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS , FLORIDA, DECLARING AN AIRPORT ' OBSTRUCTION AS POTENTIALLY HAZARDOUS TO AIRPORT OPERATIONS AND, THEREFORE , A PUBLIC NUISANCE ; PREVENTING INCOMPATIBLE STRUCTURES OR LAND. USES IN AIRPORT NOISE AREAS AND/OR POTENTIALLY HAZARDOUS ACCIDENT AREAS ; THE PREVENTION OR ELIMINATION OF AIRPORT HAZARDS IS A PUBLIC PURPOSE FOR WHICH THE CITY OF ZEPHYRHILLS MAY RAISE AND. EXPEND PUBLIC FUNDS AND ACQUIRE LAND OR INTERESTS IN LAND; ESTABLISHING SPECIAL REQUIREMENTS FOR PERMITTED USES OF LAND OR WATER WITHIN ANY ZONES ESTABLISHED BY THIS ORDINANCE ; PROVIDING PROCEDURES TO OBTAIN A VARIANCE FROM ' SUCH REQUIREMENTS ; REQUIRING NOTICE TO BE GIVEN TO PROSPECTIVE BUYERS OR LESSEES OF LAND WITHIN THE AIRPORT NOISE ZONE; REQUIRING ALL OCCUPANCY AND USE OF AIRPORT LANDS TO BE IN CONFORMANCE CD WITH THE AIRPORT MASTER PLAN, AIRPORT ZONING DISTRICT AND OTHER APPLICABLE CITY ORDINANCES . CO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS , FLORIDA, as follows : SECTION 1 . It is hereby found that an airport obstruction has the potential for being hazardous to aircraft operations as well as the personsand property on the ground in the vicinity of the ob- i' struction. An obstruction may affect land use in the vicinity of the obstruction, and in effect reduces the size of areas available for the landing, taking off and maneuvering of aircraft , thus tending to destroy or impair the utility of, Zephyrhills Municipal Airport and the public investment therein. SECTION 2 . Accordingly, it shall be the purpose of this Ordi- nance that : (a) The creation or establishment of an airport obstruction is a public nuisance and aninjury to the region served by Zephyrhills Municipal Airport . (b) It is necessary in the interest of the public health, public safety, and general welfare that the creation of airport obstructions be prevented. (c) It is necessary in the interest of the public health and general welfare that theestablishment of incompatible structures or land uses be prevented in the areas defined as the CNR 100 contour (ASDS 85 dBA) noise area and/or the potentially hazardous accident area. This Ordinance incorporates specifically ui Q1,,.,--L,Figure 5-1 , Sheet 5 of 8 of the AIRPORT. MASTER PLAN. . _. 73_4 4,, :'. .. 01. 1128 PG 0563 , i ,/ Y f y tea St -p� �p' c+P..;9`a?d�<64�ar't�.JZ.0+'°.J�['-r .. .✓b � a s .ate �1�J 42 (d) The prevention of these obstructions and in- compatible structures or land uses should be accomplished to the extent legally possible, by the exercise of the police power without compensation. (e) The prevention and the creation or establish- " ment of airport obstructions and incompatible structures or land uses and the elimination, removal , alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which the City of Zephyrhills may raise and expend public funds and acquire land or interests in land. SECTION 3 . Notwithstanding any other provision of this Ordi- nance, no use may be made of land or water within any zones established by this Ordinance in such a manner as to interfere with the operation of an airborne aircraft . The following special requirements shall apply to each permitted use : (a) All lights or illumination used in conjunction with street , parking, signs or use of land and structures shall be arranged._and__operated:win--such- a-manne-r- --that- it is- not-misleading- ordangerous to aircraft operating from a public airport or in vicinity thereof. (b) No operations of any type shall produce smoke , glare or other visual hazards within three (3) statute miles of any usable runway of a public airport . (c) No operations of any type shall produce elec- tronic interference with navigation signals or radio communication between the airport and aircraft. (d) Use of land within the potentially hazardous accident areas for high density residential use , schools , hospitals , storage of explosive material , assemblage of large groups of people or any other use that could produce a major catastrophe as a result of an aircraft crash, shall be prohibited. SECTION 4. Notwithstanding the preceding provisions of this section, the owner of any structure over 200 feet above ground level shall install lighting in accordance with Federal Aviation Adminis- tration Advisory Circular. 70-7460-1 and Amendments thereto on such structure. Additionally, high intensity white obstruction lights O.R. 1128 PG 9564 99 4 3 shall be installed on a high structure which exceeds 749 feet above mean sea level . The high intensity white obstruction lights must be in accordance with Federal Aviation Administration Advisory 7 Circular 70-7460-1 and Amendments . SECTION 5 . Any person desiring to erect or increase the height of any structures , or use his property not in accordance with: the:, regulations prescribed in this Ordinance, may apply to. the Board of'- y Adjustment for a variance from such regulations . No application ,for variance to the requirements of this Ordinance may be considered__by the Board of Adjustment unless a copy of the application 'has been CO furnished to the Building Department. CO SECTION 6 . Any permit or variance granted shall require the czt OD owner to mark and light the structure in accordance with the FAA Advisory Circular 70/7460-1 or subsequent revisions . The permit may be conditioned to permit Pasco County or the City of Zephyrhills at its own expense to install , operate and maintain such markers ander' lights as may be necessary to indicate to pilots the presence of an airspace hazard if special conditions so so warr-an-t .- - - SECTION 7 : No person shall sell , lease , or offer-to sell or lease any land within the airport noise zone (100 CNR 85cBA> contour) unless the prospective buyer or lessee has been given the following. notice in writing : "Noise Warning - this land lies beneath aircraft approach and departure routes for Zephyrhills Municipal Airport and is subject to noise that may be objectionable . " SECTION 8. The ZEPHYRHILLS CITY CODE, Chapter 3 Airport , Article IV - Operation of Motor Vehicles shall be amended--to;-inc1-ude the foregoing as Sections 3 - 41 Control of Land Uses Adjacent to and Surrounding the Zephyrhills Municipal Airport . - SECTION 9 . The ZEPHYRHILLS CITY CODE , Chapter 3. Airport , - Article I - In General, Section 3 - 10 Occupancy and rental of space by businesses , etc . , generally; fees and charge to aircraftgenerally ; landing weights . shall be amended to include the following : (d) All occupancy and use of premises on airport lands shall be in conformance with the AIRPORT MASTER PLAN and the 011128 PG 9565 C- - `A 44 Airport Zoning District and other applicable city ordinances adopted by the Zephyrhills City Council . The foregoing Ordinance No . 316 was read and passed on its first reading by the City Council of the City of Zephyrhills , Florida, on the 27th day of April . , 1981 . ,,,��'"�( Z r p f1' ..r1 v \. / \\\ I; i %N 1esi.ent of City Council' '', et .:. :1 Ukii-S'%;F:'' ' I clfv"-- . 7,;,.....- RA PH ` STER o•. "it '°• ,- •' qc ity Manager UHTY.0 The foregoing Ordinance No. 316 was read and passed on its second reading by the City Council of the City of Zephyrhills , Florida, on the 29th day of April , 1981 . " Z E P V\ ' OF ••• Hr y� ' -sident of City Councill 1 ca A'i-4$;T4.[. .• cP▪ ) de---- C.- — _s fi„ ` .,,s: RALPH H^STER 1/^a a '=..= _---- ..Manager - - t'ti-•l T � tit-1Z foregoing Ordinance No . 316 was approved by me this • 11th day of May , . 1981. , , # til ' A / jrAire /# ROBERT JOHN 0 i Mayor ' The foregoing Ordinance No. 316 was read and passed on its third reading by the City Council of the City of Zephyrhills , Florida, on the 11t-day of May , 1981. , ej Zi P.1q.,-. r k. , // / : /,:,.....- C resident of City Cou 1 if i ! i _ _�..,- `-,_ `RALPH HE TER 7' • - ,b. =_ - .Caa'•y Manager ' tv LL.) + ;:s u cycx s !Li . Y co -� �'` x ®®'a 02.1128 PG 0566