1358-18 Airport Zoning (revising Ordinance 996-07)

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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