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

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• 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