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Article 16
Airport Regulations
These provisions
are intended to regulate permitted construction to promote the maximum safety
of aircraft arriving at and departing from the publicly-owned airports within
PBC; to promote the maximum safety of residents and property in areas surrounding
PBC Airports; to promote the full utility of PBC Airports and public use
airports; to provide structure height standards for airport hazards and uses
within airport primary, horizontal, conical, approach, and transitional
surfaces so as to encourage and promote compatible development of land beneath
said areas; and to provide administrative procedures for the efficient and
uniform regulation of all development proposals within said zones. [Ord. 2017-025]
A. This Article shall be known
and cited as the “Airport Zoning Ordinance.”
B. This Article is enacted
pursuant to the provisions of Art. VIII,
§ 1(g), Fla. Const., F.S.
ch. 125 (1995), F.S.
ch. 333 (2016), or as amended. [Ord. 2017-025]
A. This Article regulates height and land uses
around publicly owned airports in PBC. The height standards for structures or
obstructions provide maximum height limits and a review procedure to determine
if structures or obstructions will have an adverse impact on safe and efficient
airspace use. The land use standards provide restrictions and a review
procedure within four nautical miles of publicly owned airports to determine if
the land use is compatible with normal airport operation and Federal Aviation
Administration (FAA) guidelines. The land use standards apply to the most
restrictive airport hazard areas and Noise Zones, and limit uses which include,
but are not limited to, hazardous material storage, emissions of light or
smoke, or uses which attract concentrations of people or birds. [Ord. 2017-025]
B. This Article applies to all land in unincorporated PBC.
C. This Article also applies to all municipalities that may elect to participate
through interlocal agreement, pursuant to F.S.
ch. 163 and F.S.
§ 333.03(1)(b)1. [Ord. 2017-025]
D. These regulations supplement other land development regulations in
this Code.
E. Where there exists a conflict between any of the regulations or
limitations prescribed in this Article and any other regulations applicable to
the same area, the more stringent limitation or requirement shall govern and
prevail.
See Art.
1.I, Definitions and Acronyms.
Maps and related information contained in Appendices 1-15 are
incorporated herein by reference and are available for review at the Department
of Airports or may be obtained from their web site. [Ord.
2017-025]
CHAPTER
B AIRPORT
PROTECTION ZONING REGULATIONS GOVERNING AIRPORT HAZARDS
In order to carry out the provisions of this Article, there are
hereby created and established certain zones which include all of the
applicable land lying beneath the primary, horizontal, conical, approach, and
transitional surfaces as they apply to a particular airport. To regulate
height, an Airspace Notification Map, Appendix 1, and a procedure to review and
permit obstructions has been established. Airport height limitations and the
notification procedures established in this Section conform to the standards
for determining obstructions to air navigation of F.A.R. 14
CFR 77, §
77.17. [Ord. 2017-025] [Ord. 2019-005]
For purposes of this Section, obstructions include but are not
limited to, any existing or proposed permanent or temporary object, natural
growth or structures, or adding height to any existing structure and shall
include the location of derricks, draglines, cranes, and other boom-equipped
machinery. Obstruction does not include any development which does not have the
effect of adding height to the land or other structure, such as paving, draining,
or roofing. [Ord. 2017-025]
The various surfaces displayed as Zone 1 and Zone 2 on the PBC
"Airspace Notification Map" are defined below. Penetration of one of
these zones shall require a technical analysis by FAA and obtaining a Permit
for Obstruction from the DOA following a review by the DOA, PZB Department, and
other applicable governmental agencies in accordance with this Article. [Ord.
2017-025]
a. Zone 1
That area within the County limits extending outward 20,000 feet
from the nearest point of the nearest runway of each County owned and operated
airport, excluding heliports, as depicted on the Airspace Notification Map as
Zone 1. This zone depicts an imaginary surface extending outward and upward at
a slope of 100 to 1 for a horizontal distance of 20,000 feet. [Ord. 2019-005]
b. Zone 2
That area within the County outside the limits of Zone 1 as
depicted on the Airspace Notification Map. The height for Zone 2 is 200 feet
above ground level (AGL). [Ord.
2019-005]
c. Any
construction or alteration of a height greater than an imaginary surface
extending outward and upward for a distance of 20,000 feet from the reference
point of any terminal navigational aid facility up to a height of 200 feet
above ground level.
Any construction or alteration of a height greater than an
imaginary surface extending outward and upward from any point of any public or
private State licensed Heliport for a distance of 5,000 feet up to a height of
200 feet above ground level. [Ord.
2017-025]
Any construction or alteration within 5,000 feet of any
navigational aid facility; and
Any construction or alteration of a height greater than 200 feet
above ground level.
Primary, Horizontal, Conical, Approach, and Transitional Airport Zones
are shown on maps described below. These maps are available online utilizing
the County’s myGeoNav application http://maps.co.palm-beach.fl.us/mygeonav/.
These maps are also included
by reference and attached as Appendices 2-7, available at The Department
of Airports. [Ord. 2019-005]
Map A – PBIA (Appendix 2)
Map B – PBC Park
Airport (Lantana) (Appendix 3)
Map C – PBC Glades
Airport (Pahokee) (Appendix 4)
Map D – Belle Glade
Municipal Airport (Appendix 5)
Map E – Palm Beach
North County Airport (Appendix 6)
Map F – Boca Raton
Airport (Appendix 7)
The size and dimensions
of each zone created and established as part of this Section is based upon the
category of each runway, according to the type of approach available or planned
for that runway. The zones associated with each airport in this Article
correspond to the civil airport imaginary surfaces defined in F.A.R. 14
CFR 77, §
77.17, and are contained
within the Airport Layout Plan for each airport, available at the Department of
Airports, and provided graphically on the County’s myGeoNav application http://maps.co.palm-beach.fl.us/mygeonav/.
[Ord. 2019-005]
Where any two
limitations in this Article are in conflict, the more stringent applies. Except
as otherwise provided in this Section, no obstruction including any structure
or object of natural growth, shall be erected, altered, or be maintained
without prior approval by DOA or PZB, which is or would be an obstacle to air
navigation, as defined in this Article, or of a height greater than: [Ord. 2017-025]
a. 500 feet above ground level at the site of
the object;
b. 200 feet above ground level or the
established airport elevation, whichever is higher. These heights shall be measured
within three nautical miles of the established reference point of an airport;
and which height increases up to a maximum of 500 feet, at a slope of one foot
vertically for every 100 feet horizontally, for a distance of 50,000 feet; or,
c. Any object within the approach segment,
departure area, or any missed approach or circling approach area which is
determined by the Director of Airports, or designee, to be a hazard to the safe
and efficient use of airspace around an airport. [Ord. 2019-005]
A property located in
more than one of the described zones is considered to be only in the zone with
the more restrictive height limitation. The various zones are hereby
established and defined below. These zones are depicted in plan view in the
County’s myGeoNav application http://maps.co.palm-beach.fl.us/mygeonav/.
General definition and height limitations are described in the Subsections to
follow. [Ord. 2019-005]
An area longitudinally
centered on a runway, extending 200 feet beyond each end of that runway with
the width so specified for each runway for the most precise approach existing
or planned for either end of the runway.
a. Primary
Zone Height Limitations
No structure or
obstruction will be permitted within the Primary Zone that is not part of the
landing, maneuvering, and taking-off facilities and is of a greater height than
the nearest point of the runway centerline.
b. Primary
Zone Width for each Specific Airport
The specific width of
each Primary Zone for each airport is contained within the Airport Layout Plan for
each airport, available at the Department of Airports, and provided graphically
on the County’s myGeoNav application http://maps.co.palm-beach.fl.us/mygeonav/.
[Ord. 2019-005]
The area around each
airport with an outer boundary the perimeter of which is constructed by
swinging arcs of specified radii from the center of each end of the Primary
Zone of each airport's runways and connecting adjacent area by lines tangent to
those arcs. The radius of the arc specified for each end of a 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.
a. Horizontal
Zone Height Limitations
Only structures or
obstructions for which the FAA has issued
a determination of no hazard,
will be permitted in the Horizontal Zone. [Ord.
2019-005]
b. Horizontal
Arc Radius for each Specific Airport
The specific horizontal
arc Radius of each airport is contained within the Airport Layout Plan for each
airport, available at the Department of Airports, and provided graphically on
the County’s myGeoNav application http://maps.co.palm-beach.fl.us/mygeonav/.
[Ord. 2019-005]
The area extending
outward from the periphery of the Horizontal Zone for a distance of 4,000 feet. The specific Conical Zone distance
for each airport is contained within the Airport Layout Plan for each airport,
available at the Department of Airports, and provided graphically on the
County’s myGeoNav application http://maps.co.palm-beach.fl.us/mygeonav/.
[Ord. 2019-005]
a. Conical Zone Height Limitation
Only structures or obstructions for which the FAA has
issued a determination of no hazard will be permitted in the Conical
Zone. [Ord. 2019-005]
An area longitudinally centered on the extended runway
centerline and extending outward and upward from each end of the primary zone.
An Approach Zone is designated for each runway based upon the type of approach
available or planned for that runway end.
a. Approach Zone Height Limitations
Only structures or obstructions for which the FAA has issued a
determination of no hazard will be permitted in the Approach Zone. [Ord. 2019-005]
b. Approach
Zone Horizontal Distance for each Specific Airport
The specific Approach
Zone dimensions for each airport is contained within the Airport Layout Plan
for each airport, available at the Department of Airports, and provided
graphically on the County’s myGeoNav application http://maps.co.palm-beach.fl.us/mygeonav/.
[Ord. 2019-005]
The area extending outward from the sides of the Primary Zones and
Approach Zones connecting them to the Horizontal Zone. Height limits within the
Transitional Zone are the same as the Primary Zone or Approach Zone at the
boundary line where these Zones meet (i.e., level with the nearest point on the
runway centerline) and increase at a rate of one foot vertically for every
seven feet horizontally, with the horizontal distance measured at right angles
to the runway centerline and extended centerline, until the height matches the
height of the Horizontal Zone, the Conical Zone or for a horizontal distance of
5,000 feet from the side of the part of the Precision Approach Zone that extends
beyond the Conical Zone.
a.
Transitional Zone Height Limitation
Only structures or obstructions for which the FAA has issued a determination of
no hazard will be permitted within the Transitional Zone. [Ord. 2017-025] [Ord. 2019-005]
Operation of a Navigational Aid Facility is electromagnetic in nature
therefore, objects constructed off of airport property may have an adverse
effect on the safe and efficient operation of navigational facilities. A
Navigational Aid Obstruction Zone has been established extending outward 3,500
feet from the nearest point of the nearest runway of each County owned and
operated airport, excluding heliports, as depicted on the Airspace Notification
Map as Zone 1. This zone is shown on the Airspace Notification Map, Appendix 1.
[Ord. 2017-025] [Ord. 2019-005]
a. Terminal Navigational Aid Obstruction Zone
Limitation
No construction or alteration or installation of any electromagnetic
device shall be permitted within this Navigation Aid Obstruction Zone without
prior technical review by the FAA. If deemed necessary by the results of the
FAA review, a Permit for Obstruction must be obtained from DOA following a
review by the DOA and PZB. [Ord. 2017-025]
a. Primary Zone Definition
The Primary Zone coincides in size and shape with the designated
take-off and landing area of a Heliport/Vertiport.
1) Primary Zone Limitation
This primary zone height limitation is described by a horizontal plane
at the elevation of the established elevation.
b. Approach Zone Definition
The Approach Zone begins at each end of the Heliport/Vertiport Primary
Zone with the same width as the Primary Zone and extends outward and upward for
a horizontal distance of 4,000 feet where its width is 500 feet.
1) Approach Zone Height
Limitation
The Approach Zone height limitation is a slope of one foot vertically
for every eight feet horizontally.
c. Transitional Zone Definition
The Transitional Zone extends outward and upward from the lateral boundaries
of the Primary Zone and from the Approach Zone for a distance of 250 feet
measured horizontally from the centerline of the Primary and Approach Zones.
1) Transitional Zone Height
Limitation
The Transitional Zone has a height limitation at a slope of one foot
vertically for every two feet horizontally.
All new construction, reconstruction or alteration that adds height to
any obstruction within areas shown on the “Airspace Notification Map,” Appendix
1, shall be reviewed for compliance with the standards of this Section. [Ord. 2017-025]
No Permit for Obstruction will be issued if all FAA and DOA comments are
not addressed to the satisfaction of DOA, PZB, and County Attorney. No
development permit application shall be issued if the proposed construction or
alteration is found to violate the provisions of this Article, or is determined
a hazard by the Federal
Aviation Regulations Part 77 or other applicable Federal or State
rules or regulations. [Ord. 2017-025]
[Ord. 2019-005]
a. Exemption
A Permit is not required for existing structures that received
construction permits from the Federal Communications Commission for structures
exceeding federal obstruction standards before May 20, 1975; a permit is not
required for any necessary replacement or repairs to such existing structures
if the height and location are unchanged. [Ord.
2019-005]
An application for the construction, reconstruction, or alteration of
any obstruction must be reviewed in accordance with the development review
procedures in Art. 2, Application
Processes and Procedures, prior to certification or approval of an
application by DRO or issuance of a building permit for a permanent or
temporary obstruction located within areas Regulated by this Article. [Ord. 2017-025] [Ord. 2019-005]
a. FAA Review
1) The applicant
must utilize the FAA’s Notice Criteria Tool found on the FAA’s Obstruction
Evaluation/Airport Airspace Analysis website at https://oeaaa.faa.gov/ and submit the
results to DOA. This tool will inform the applicant that review by the FAA is
required if the proposed obstruction represented in the application may exceed:
[Ord.
2017-025] [Ord. 2019-005]
a) The structure will
exceed 200 feet above ground level; [Ord. 2019-005]
b) The structure
will be in proximity to an airport and will exceed the slope ratio of 100:1; [Ord. 2019-005]
c) The structure
involves construction of a traverseway (i.e. highway, railroad, waterway, etc.)
and once adjusted upward with the appropriate vertical distance would exceed a
standard of Part 77.9(a) or (b); [Ord. 2019-005]
d) The structure
will emit frequencies, and does not meet the conditions of the FAA Co-location
Policy; [Ord.
2019-005]
e) The structure
will be in an instrument approach area and might exceed F.A.R. 14
CFR 77, Subpart C; [Ord. 2019-005]
f) The proposed
structure will be in proximity to a navigation facility and may impact the assurance
of navigation signal reception; [Ord. 2019-005]
g) The structure
will be on an airport or heliport; or, [Ord. 2019-005]
h) A filing has
been requested by the FAA. [Ord. 2019-005]
2) If the results
of the Notice Criteria Tool indicate that the applicant must file, the FAA must
review and issue a determination of the proposal's effect on navigable airspace
where such notification under F.A.R. 14
CFR 77 is required. PZB shall suspend any review of any development
permit application process until FAA findings of aeronautical affect are
determined. [Ord. 2019-005]
a) Responsibility
of the Applicant
(1) The Applicant
shall submit FAA Form 7460-1 electronically via the FAA’s website at https://oeaaa.faa.gov/.
[Ord. 2017-025]
(2) When the results are received, the Applicant
shall submit in person or forward by Certified Mail (Return Receipt
Requested) to the DOA the FAA's determination of aeronautical affect, including
a valid aeronautical study number and a copy of the original electronic
submittal of FAA Form 7460-1. [Ord. 2017-025]
[Ord. 2019-005]
b.
DOA Review
1) No application for development shall be
approved solely on the basis that the FAA has issued a determination of no
hazard to air navigation under a valid aeronautical study. Following receipt of the FAA determination, if required, the DOA shall
consider the following criteria when determining whether to recommend certification
or approval of a development application with or without conditions of
approval; or recommend issuance or denial of a building permit with or without
conditions. [Ord. 2017-025]
[Ord. 2019-005]
a) The
safety of persons on the ground and in the air; [Ord. 2017-025]
b) The
safe and efficient use of navigable airspace; [Ord. 2017-025]
c) The
nature of the terrain and height of existing structures; [Ord. 2017-025]
d) The
effect of the construction or alteration on the state licensing standards for a
public-use airport contained in F.S.
ch. 333 and rules adopted thereunder; [Ord. 2017-025]
e) The
character of existing and planned flight operations and developments at
public-use airports; [Ord. 2017-025]
f) Federal
airways, visual flight rules, flyways, and corridors, and instrument approaches
as designated by the FAA; [Ord. 2017-025]
g) The
effect of the construction or alteration of the proposed structure on the
minimum descent altitude or the decision height at the affected airport; [Ord. 2017-025]
h) The
cumulative effects on navigable airspace of all existing structures and all
other known proposed structures in the area; and, [Ord. 2017-025]
i) Any additional code requirements pertinent
to evaluate and protect airspace and airport operations. [Ord. 2019-005]
2) FDOT Review
Following receipt of a complete application indicating that the
proposed construction or alteration could be an obstruction, the DOA shall
provide a copy of the application to the FDOT aviation office for their review
and evaluation pursuant to F.S.
§ 333.025. [Ord. 2019-005]
3) Structure(s) Not Exceeding
Obstruction Standards or Other Provisions
DOA shall review the FAA's determination issued in response to
the applicant's FAA Form 7460-1, any comments received from FDOT and the permit
application. If the proposed construction or alteration is not a hazard, the
DOA shall recommend certification or approval of an application by the DRO with
or without conditions of approval or issuance of a building permit with or
without conditions so that the proposed structure may be erected in accordance
with permitting requirements of PZB. PZB may certify the development
application or issue a building permit, as applicable. The applicant shall
present a copy of the permit to PZB with the development application or
building permit application. [Ord. 2017-025] [Ord. 2019-005]
4) Structure(s) Exceeding
Obstruction Standards or Other Provisions
DOA shall review the FAA's determination issued in response to
the applicant’s FAA Form 7460-1, any comments received by FDOT and the permit
application. If the proposed obstruction is a hazard, then the DOA shall deny
the permit. The notice shall state the reasons for denial and inform the
applicant that they may appeal the decision pursuant to Art. 16.C.2,
Nonconforming Uses. [Ord. 2017-025] [Ord. 2019-005]
c. Building Permit Requirement
The applicant shall present a copy of the Permit, along with all
Development Order comments and conditions of approval, to the Building Director
in order to ensure that any conditions are adequately addressed prior to the
issuance of a building permit, including obstruction lighting and marking
conditions, if applicable. [Ord. 2017-025]
[Ord. 2019-005]
d. Obstruction Marking and Lighting
The owner shall mark and light the structure in accordance with the
provisions of F.S.
ch. 333; Rules
of Florida Department of Transportation, Chapter 14-60, and the FAA
Advisory Circular 70/7460-1L, Obstruction Marking and Lighting,
as may be amended from time to time. The permit may be conditioned to require
the applicant to mark and light the structure, at applicant’s own expense, or
to allow DOA to install, operate, and maintain at its own expense, such markers
and lights as may be necessary to indicate to pilots the presence of an
airspace obstruction if warranted. [Ord.
2019-005]
In order to carry out the provisions of this Article, there are hereby
created and established certain zones, which include all the land lying beneath
the Runway Protection Zone (RPZ) and within Airport Land Use Noise Zone(s)
(ALUNZ), as they apply to a particular airport, and within Zone 3. All areas
defined as the RPZ and areas displayed as ALUNZ in Appendices 2 through 7 and 9
through 14 are subject to review and technical analysis by DOA, and other
applicable governmental agencies, in consultation with PZB, in accordance with
this Article. [Ord. 2017-025] [Ord. 2019-005]
To regulate land uses
within these zones, an Off-Airport Land Use Compatibility
Schedule Appendix 8, maps, and review procedures have been
established.
Notwithstanding any
other provisions of this Article, no use may be made of land or water within
the RPZ in such manner as to interfere with the operation of an airborne
aircraft. The Off-Airport Land Use Compatibility Schedule, Appendix 8, shall be used to determine
additional land development requirements for uses identified in Art.
4, Use Regulations. Those activities and land uses not specifically
listed in the Airport Land Use Compatibility Schedule are permitted or
restricted based on their similarity to noise tolerance and compatibility with
normal airport operations as exhibited by the activities and land uses which
are listed in the Schedule.
For purposes of this Section, construction includes but is not limited
to creating new structures, making alterations or repairs and additions to any
existing building or structure, or moving or relocating a building(s) or
structure(s) within a Regulated Area. Construction does not include paving, underground
utility infrastructure, or similar types of improvements. [Ord. 2017-025] [Ord. 2019-005]
2. Review
Procedure for Regulated Land Use
All new construction or reconstruction for temporary or permanent uses
shall be reviewed for compliance with the standards of this Section in
accordance with the development review procedures in Art. 2, Application
Processes and Procedures, or at the time of application for a
building permit. Prior to issuance of a development order or a building permit,
the DOA, in consultation with PZB, shall review the application for compliance
with this Article. [Ord. 2017-025]
To regulate land uses
within the RPZ and ALUNZ, an Off-Airport Land Use Compatibility Schedule, maps,
and review procedures have been established. Only the portion of the lot
falling within the RPZ or ALUNZ shall be subject to the provisions of this
Article. The Off-Airport Land Use Compatibility Schedule, Appendix
8, shall be used to determine compatibility of land use with
airport operations within these zones. [Ord. 2017-025]
The RPZ includes all
land lying beneath the defined RPZ, as shown on the applicable Airport Zoning
Maps, on the County’s myGeoNav application http://maps.co.palm-beach.fl.us/mygeonav/, or on the Airport Layout Plan for all County-owned airports in PBC,
available at the Department of Airports. [Ord.
2019-005]
The ALUNZ include all
land area lying within the defined ALUNZ as shown on the applicable Airport
Land Use Zone Maps, on the County’s myGeoNav application http://maps.co.palm-beach.fl.us/mygeonav/ in for all airports in
PBC. [Ord. 2019-005]
That area within the County limits extending outward 10,000 feet
from the nearest point of the nearest runway for each County owned and operated
airport, excluding heliports, as depicted on the Airspace Notification Map as
Zone 3. [Ord. 2019-005]
All land uses shall be
permitted within ALUNZ as provided in the Off-Airport
Land Use Compatibility Schedule, Appendix 8.
Several airports within
PBC have completed a noise study in accordance with F.A.R. 14
CFR 150. Land uses within the area contiguous to these airports,
within an area defined as the outer noise contour, or equivalent thereof shall
be consistent with the type of use listed in Airport Land Use Compatibility
Schedule. [Ord. 2017-025]
The Palm Beach
International ALUNZ has been established and is incorporated herein as Appendix 9. This Zone is created based on yearly
averaged, 24-hour day/night average noise level projections arising from
aircraft flight operations at PBIA.
1) Palm Beach International
Airport Land Use Noise Zone (ALUNZ) Define
That area commencing at the outermost boundary of the airport and
extending outward therefrom to a boundary indicated on the Palm Beach
International Airport Land Use Noise Zone Map. The boundary of the zone
approximates a projected yearly averaged, 24-hour day/night average noise level
contour of 65 Ldn. [Ord. 2017-025]
The Boca Raton ALUNZ
has been established and is incorporated herein as Appendix 10.
This Zone is created based on projections of aircraft flight operations at Boca
Raton Airport.
1) Boca Raton Airport Land Use Noise Zone
(ALUNZ) Defined
That area commencing at
the outermost boundary of the airport and extending outward there from to a
boundary indicated on the Boca Raton Airport Land Use Noise Zone Map. The outer
boundary of the zone approximates a projected yearly averaged, 24-hour
day/night average noise level contour of 60 Ldn or greater.
An overlay Land Use
Noise Zone has been established for the civil airports which have not completed
an F.A.R. Part 150 Noise and Land Use
Compatibility Study. This Zone is created as an area beneath the standard VFR
traffic pattern and buffer airspace established in FAA
Order 7400.2D, Procedures for Handling Airspace Matters,
which underlies the majority of recurring aircraft flight paths. Land Uses
within this zone may be subject to aircraft noise that may be considered
objectionable.
Land Use Noise Zones
for these airports are established as the land lying within parallel lines
9,108 feet in both directions from the approach and departure end of each
runway, the runway centerline, and all airspace in between. These zones are
established and attached as Appendices 11 through 14.
Lists land uses as
defined below:
a. Land Uses Compatible without Restriction (“P”)
Uses noted with a “P”
may develop pursuant to the development review procedures in the Use Matrices
in Art. 4, Use
Regulations, Art. 3.B, Overlays, and Art. 2, Application
Processes and Procedures, and are not required to comply with the
conditional requirements set forth in Appendix
8, The Off-Airport Land Use Compatibility Schedule. [Ord. 2017-025]
b. Land
Uses Qualified As Compatible Only If In Compliance With Conditional
Requirements (“Q”)
Uses noted with a “Q”
may develop pursuant to the development review procedures in the Use Matrices
in Art. 4, Use
Regulations, Art. 3.B, Overlays, and Art. 2, Application
Processes and Procedures, if regulated and constructed in accordance
with the conditional notes in Appendix 8. [Ord.
2006-036] [Ord. 2017-025]
c. Incompatible Land Uses (“N”)
Uses noted as an “N” are considered to be incompatible in the Regulated
Areas. These uses shall not be allowed in the Runway Protect Zone (RPZ) and
variance relief is not available. [Ord. 2017-025]
a. In no case shall a new Limited or General Day Care,
School – Elementary or Secondary, or College or University, with the exception
of aviation school facilities, be permitted within an area contiguous to the airport measuring ½ the length of the
longest runway on either side of and at the end of each runway centerline. [Ord. 2011-016] [Ord. 2017-025]
[Ord. 2019-005]
1) Exemption
For Palm Beach International Airport
(PBIA) and Boca Raton Airport that have completed Federal Aviation Regulation
14 CFR Part 150 Noise and Land Use Compatibility Studies, educational land uses
within regulated areas defined in Art. 16.C.1.D.1.a, Palm Beach International
Airport (PBIA) and Art. 16.C.1.D.1.b, Boca Raton Airport “Airport Land Use Noise Zones” shall meet
the standards set forth in the study or be compliant with 14 CFR 150 Appendix A to Part 150. [Ord.
2019-005]
2) Nothing in subsection a. above shall be
construed to require the removal, alteration, sound conditioning, or other
change, or to interfere with the continued use or expansion to contiguous
properties of any public or private educational structure in existence, or real
property in use, on November 1, 1996. Construction of new education structures
shall meet the provisions of Art.
16.B.1.H, Airspace Height Review, and the provision of sound
insulation materials in accordance with established architectural and
acoustical principles as contained in document DOT/FAA/PP-92-5
(or later version), Guidelines for the Sound Insulation of Residences Exposed
to Aircraft Operations, is encouraged.
3) The language in subsection a. above shall not
be construed to require the removal, alteration, sound conditioning, or other
change, or to interfere with the continued use or expansion of any Limited or
General Day Care use in existence, or real property in use, or with a valid
development order prior the effective date of this Ordinance. Expansion or
alterations of a Day Care located within the runway area that represents an
increase in the number of occupants shall be prohibited. [Ord. 2011-016]
b. In no case shall new residential construction
be permitted within an area contiguous to the airport measuring ½ the length of
the longest runway on either side of and at the end of each runway centerline
unless it meets the conditional notes in the Off-Airport
Land Use Compatibility Schedule, Appendix 8. This area is shown
as the “New Residential Construction Limit” on Appendices
10-14.
1) Exemption
For Palm Beach International Airport (PBIA) and Boca Raton
Airport that have completed Federal Aviation Regulation 14 CFR Part 150 Noise
and Land Use Compatibility Studies, residential land uses within regulated
areas defined in Art.
16.C.1.D.1.a, Palm Beach International Airport (PBIA) and Art.
16.C.1.D.1.b, Boca Raton Airport “Airport Land Use Noise Zones”
shall meet the standards set forth in the study or be compliant with 14
CFR 150 Appendix A to Part 150. [Ord. 2019-005]
c. In no case
shall a new Landfill be permitted, or an existing Landfill expanded, within
10,000 feet from the nearest point of any Airport runway used by only turbine
aircraft; within 5,000 feet from the nearest point of any Airport runway used
by only nonturbine aircraft; or within the lateral limits of the civil airport
imaginary surfaces. [Ord. 2017-025]
In addition to the
requirements contained in the Off-Airport Land Use Compatibility
Schedule, Appendix 8, all uses within Regulated Areas shall
comply with the following provisions: [Ord.
2019-005]
a. Lights
and Illuminations
All lights or
illumination used in conjunction with streets, parking, signs, or use of land
and structures shall be arranged and operated in such manner that is not
misleading or dangerous to aircraft operating from or to a public airport or in
vicinity thereof.
b. Electronic
Devices
No application, use, or
operations of any type shall produce electronic interference with navigation
signals or radio communication between aircraft; the airport tower, or other
air traffic control facility.
c. Obscuration
No operations of any
type shall produce smoke, glare, or other obscuration.
d. Bird
Concentrations
No use of any type
shall be permitted that attract or sustain hazardous bird movements, feeding,
water, or roosting areas into or across an airport's runways' approach and
departure pattern.
e. Disclosure
The owner of any new
building or structure or any existing building or structure which is
substantially repaired, reconstructed, or altered, as provided in Art. 16,
Airport Regulations, proposed to be located within regulated areas shall
provide disclosure to all prospective purchasers or tenants of such building or
structure that the building or structure is located within the Land Use
Compatibility Noise Zone and that aircraft noise may be objectionable.
All new construction or
reconstruction for temporary or permanent structures within ALUNZ shall be
reviewed for compliance with the standards of this Section. Prior to acceptance
of a development order or issuance of a building permit, the DOA in
consultation with PZB shall review the application for compliance with this
Article. [Ord. 2017-025]
If a proposed land use within an Airport Land Use Noise Zone is designated
generally compatible (Q), or incompatible (N), then measures to achieve 30 dB
NLR shall be incorporated into the regulated use.
a. Exemptions
Land Uses within regulated areas defined in Art.
16.C.1.D.2.a, Land Use Noise Zone(s) Defined for PBC Park Airport (Lantana),
PBC Glades Airport (Pahokee), Belle Glade Municipal Airport, and Palm Beach
North County Airport.
b. Use and Occupancy
Buildings or structures supporting a legal use(s) which existed
prior to (the effective date of this Article), may continue to support the
existing use or occupancy provided such continued use does not jeopardize life
or health.
c. Relocated Buildings
Buildings or structures moved into a RPZ or ALUNZ shall comply
with the height and noise level reduction provisions of this Article, as
applicable.
d. Proposed or Newly Constructed
Buildings
Valid permits to construct a building, submitted to the Building
Division of PZB prior to June 16, 1992, shall not be required to comply with
the provisions of Art. 16, Airport Regulations, as long as the building permit
has not been amended or expired. [Ord.
2017-025]
e. Design Requirements
The NLR requirements of the Off-Airport
Land Use Compatibility Schedule, Appendix 8, may be achieved by
any suitable combination of building design, choice of building materials, and
construction techniques in accordance with established architectural and
acoustical principles as contained in DOT document DOT/FAA/PP-92-5,
Guidelines for the Sound Insulation of
Residences Exposed to Aircraft Operations. This document is
on file at the offices of the DOA and PZB. The noise level reduction
requirements shall apply to all occupied rooms having one or more exterior
walls or ceilings, when furnished in accordance with the intended final usage
of the room. [Ord. 2017-025]
Uses nonconforming to the Airport Regulations shall be administered in
accordance with the provisions identified within Art. 16, Airport Regulations
and Art. 1.F,
Nonconformities. [Ord.
2017-025]
A. This Article of the ULDC shall be interpreted by the Director of
Airports. DOA, in consultation with the PZB, shall administer the review of
development applications for compliance with this Article within the
territorial limits over which PBC has jurisdiction. DOA by Interlocal Agreement
with any jurisdiction which has permitting authority may administer the review
of development applications for compliance with this Article within the
territorial limits of the municipality. If a Permit for Obstruction is
required, then the DOA may administer review with the FAA. Fees shall be established
by the DOA and PZB to administer this
Article. [Ord. 2008-003] [Ord.
2017-025] [Ord. 2019-005]
B. In the event that any violation of the requirements of this
Article are found, the Director of Code Enforcement shall give written notice
to the property owner. Such notice shall indicate the nature of the violation
and the necessary action to correct or abate the violation. A copy of said
notice shall be sent to the Code Enforcement Board and DOA. PZB shall require
work to stop and may take any or all other action necessary to correct
violations and obtain compliance with all the provisions of this Article. [Ord. 2017-025] [Ord. 2019-005]
C. The DOA shall notify the Executive Director of PZB of all
amendments to the airport master plan(s), or other regulations that affect the
definitions or height limitations of the zones established herein. [Ord. 2017-025]
D. Airport signage shall not be subject to the requirements of Art. 8, Signage
of the ULDC. Proposed signage shall be approved or amended in conjunction with
the Airport master plan. [Ord. 2008-003] [Ord. 2017-025]
Failure to comply with
the requirements of this Article or any permit or Approval granted or
authorized hereunder shall constitute a violation of this code. PZB or DOA may
issue a Cease and Desist Order or withhold a Certificate of Occupancy until the
provisions of this Article have been met. PBC may subject the owner of the
premises to the violation and enforcement provisions in F.S.
§ 333.07, and F.S.
§ 333.13, as may be amended from time to time, or may pursue any
other remedy available at law, in order to fully effectuate the purposes of
this Ordinance. Each violation of this Ordinance or of any regulation, order,
or ruling promulgated herein shall be considered a separate offense and
enforced in accordance with the provisions of Art. 10, Enforcement.
[Ord.
2017-025] [Ord. 2019-005]
A. Hearing Officers, as established in Art. 2.G.3.G,
Hearing Officers, are hereby authorized to hear and decide appeals
of final decisions by the DOA. [Ord.
2017-025]
B. An applicant shall file an appeal with DOA within 20 working days
of a final decision by the DOA. The appeal must state with specificity the
reasons for the appeal and shall contain such data and documentation upon which
the applicant seeks to rely. The DOA, by Resolution of the BCC, may establish a
reasonable fee to be paid by the applicant upon filing an appeal. This fee
shall not exceed the cost to the County in processing the appeal. [Ord. 2017-025]
C. The DOA shall schedule a hearing before the Hearing Officer no
later than 90 working days after an appeal has been filed. The DOA shall notify
the applicant of the hearing date at least 15 working days in advance of the
hearing and invite the applicant or the applicant’s representative to attend
the hearing. Any of the time limitations set forth in this paragraph may be
waived upon mutual agreement of the DOA and the party filing the appeal. [Ord. 2017-025]
D. An appeal shall stay all proceedings in the underlying action
appealed from, unless the DOA certifies that a stay would, in its opinion,
cause imminent peril to life or property. In such cases, proceedings may not be
stayed except by order of the BCC for good cause shown. [Ord. 2017-025]
E. At the hearing, the Hearing Officer shall provide the applicant
and the DOA an opportunity to present testimony and evidence, provided such
information was part of the review before the DOA. The Hearing Officer shall
affirm, reverse, or modify the final decision of the DOA in conformity with
this Chapter. The Hearing Officer shall affirm the decision of the DOA if there
is substantial competent evidence in the record that the DOA properly applied
the standards in this Chapter. [Ord.
2017-025]
F. Any aggrieved party, including PBC, may appeal an order of the
Hearing Officer to the Fifteenth Judicial Circuit Court of PBC. Such appeal
shall not be a hearing de novo, but
shall be a petition for Writ of Certiorari and the Court shall be limited to
appellate review of the record created before the Hearing Officer. PBC may
assess a reasonable fee for the preparation of the record to be paid by the
Petitioner in accordance with F.S.
§ 119.07, as amended from time to time. [Ord. 2017-025]
AIRPORT ZONING REGULATIONS
|
APPENDIX 1 THROUGH 15
|
NOTE: MAPS AND
SCHEDULES IN THESE APPENDICES ARE REPRESENTATIONAL ONLY AND MAY BE AMENDED
FROM TIME TO TIME. LOCATIONAL REQUIREMENTS CAN BE VERIFIED BY THE DEPARTMENT
OF AIRPORTS. HARD COPY, SCALED MAPS ARE AVAILABLE UPON REQUEST FROM THE
DEPARTMENT OF AIRPORTS, OR MAY BE OBTAINED FROM THE WEB SITE.
|
|
APPENDIX 1
|
AIRSPACE
NOTIFICATION MAPS
|
APPENDIX 2
|
MAP A – PALM
BEACH INTERNATIONAL AIRPORT
|
APPENDIX 3
|
MAP B – PBC
PARK AIRPORT
|
APPENDIX 4
|
MAP C – PBC
GLADES AIRPORT
|
APPENDIX 5
|
MAP D – BELLE
GLADE MUNICIPAL AIRPORT
|
APPENDIX 6
|
MAP E – PALM BEACH NORTH COUNTY AIRPORT
|
APPENDIX 7
|
MAP F – BOCA
RATON AIRPORT
|
APPENDIX 8
|
OFF-AIRPORT
LAND USE COMPATIBILITY SCHEDULE
|
APPENDIX 9
|
AIRPORT LAND
USE NOISE ZONE – PALM BEACH INTERNATIONAL AIRPORT
|
APPENDIX 10
|
AIRPORT LAND
USE NOISE ZONE – BOCA RATON AIRPORT
|
APPENDIX 11
|
AIRPORT LAND
USE NOISE ZONE – PBC PARK
|
APPENDIX 12
|
AIRPORT LAND
USE NOISE ZONE – PBC GLADES AIRPORT
|
APPENDIX 13
|
AIRPORT LAND
USE NOISE ZONE – BELLE GLADE MUNICIPAL AIRPORT
|
APPENDIX 14
|
AIRPORT LAND
USE NOISE ZONE – PALM BEACH NORTH COUNTY AIRPORT
|
APPENDIX 15
|
ISOMETRIC VIEW
OF AIRPORT HEIGHT ZONES AND IMAGINARY SURFACES
|
Amendment
History:
[Ord. 2003-067,
January 1, 2004] [Ord. 2005-002; February 2, 2005] [Ord. 2006-036, August 29,
2006] [Ord. 2008-003; January 30, 2008] [Ord. 2011-016; September 6, 2011]
[Ord. 2017-025; August 28, 2017] [Ord. 2019-005; January 29, 2019]