996-07 Airport Zoning - Laserfiche WebLink

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OR BK 7714 PG 852 8 of 19 (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. (12) The recommendation from the Zephyrhills Airport Authority (d) Variances may be granted by the Board of Adjustment upon evaluation of the criteria contained in this Airport Zoning Ordinance and a Federal Aviation Administration (FAA) finding that the proposed building height does not constitute a hazard to air navigation (if applicable). All requests for variances must be accompanied by a completed application (obtained from the Zephyrhills Development Services Department) and the required exhibits. The application for variance to the Zephyrhills Municipal Airport Zoning Ordinance must be completed in addition to the Development Permit Application. The applicant will provide the following: (1) A narrative which provides a response to each of the review criteria of Section 11(c) of this Ordinance; (2) A copy of the certified mail receipt card showing that a copy of the variance application has been forwarded to the FDOT Aviation Office, Tallahassee, at least 45 days in advance of the scheduled hearing date; (3) A copy of the submitted FAA Notice of Proposed Construction or Alteration (if applicable); (4) A copy of the Notice of No Hazard to Air Navigation issued by the FAA (if applicable); (5) A building elevation drawing showing the elevation of existing grade(s), building height, and the overall height above mean sea level. SECTION 12. APPEALS. (a) Any person aggrieved by any decision of the Building Department or the airport manager or designee 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. (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 a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the board of adjustment 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, 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 on notice to the agency from which the appeal is taken and on due cause shown. (d) The board of adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the appeal within a reasonable time. 8