§ 3-9-63. Airport protection and land use compatibility overlay code.

(a)

Establishment and title. The Airport Protection and Land Use Compatibility Overlay Code for Charlotte County is hereby established. The short title of this section shall be the "airport overlay code".

(b)

Purpose. The purpose of this section is to establish reasonable airport zoning regulations to implement the provisions of state and federal law relating to land uses and height of structures near airports; to provide for airspace protection and land use compatibility with airport operations; to protect the public health, safety and welfare in the vicinity of an airport by minimizing the exposure to hazards and noise levels generated by aircraft operations; to facilitate proper land use planning and to prohibit the location of incompatible land uses and structures in areas surrounding existing or future airports; to provide a process to issue or deny permits and enforcement thereof for airport obstructions or hazards; to provide for coordination and notification of airport protection permitting between municipalities and the county; and to provide for coordination of permit applications between the county and state.

(c)

Applicability. The airport overlay code shall apply to development and redevelopment of all land uses within ten (10) nautical miles from the airport reference point and all other matters referenced in this airport overlay code. The terms development and redevelopment shall be construed liberally and shall include any plat, special exception, variance, development review committee approval, site plan approval, building or sign permit, or any other official action of Charlotte County that has the effect of permitting development and redevelopment or any application for any of the preceding. The airport overlay code shall apply to the preceding matters notwithstanding the application of another provision(s) of the County Code to said matter(s). In the event of a conflict between another provision of County Code and the airport overlay code, the terms of the more restrictive regulations shall govern and prevail.

(d)

Definitions. The following definitions shall apply in this section.

Aeronautical Study: A Federal Aviation Administration study, conducted in accordance with the standards of Title 14 Code of Federal Regulations part 77 and Federal Aviation Administration policy and guidance, on the effect of proposed construction or alteration upon the operation of air navigation facilities and the safe and efficient use of navigable airspace.

Airport: Any area of land or water designed and set aside for the takeoff and landing of aircraft and used or to be used in the interest of the public for such purpose.

Airport elevation: The highest point of an airport's usable landing area measured in feet above mean sea level. The airport elevation at the Punta Gorda Airport is twenty-six (26) feet.

Airport hazard area: Any area of land or water upon which an airport hazard might be established.

Airport hazard: Any structure, object of natural growth, or use of land which would exceed the federal obstruction height standards as contained in Title 14 of the Code of Federal Regulations (C.F.R.) Chapter One, Subchapter E, Part 77 and which obstructs the airspace required for flight of aircraft in takeoff, maneuvering, or landing at an airport or is otherwise hazardous to such taking off, maneuvering, or landing of aircraft.

Airport layout plan: A set of scaled drawings that provide a graphic representation of the existing and future development plan for the airport and demonstrate the preservation and continuity of safety, utility, and efficiency of the airport.

Airport notification area for the Federal Aviation Administration (FAA): All lands within six (6) statute miles of the airport reference point for public-use airports.

Airport notification area for the Florida Department of Transportation (FDOT): All lands within ten (10) nautical miles of the airport reference point for public-use airport.

Airport notification area for the heliports: All lands within one (1) statute miles of the airport reference point for heliports.

Airport operational area: The area that includes all areas designated and used for landing, taking off, or surface maneuvering of aircraft. The area includes ramps, aprons, runways and taxiways.

Avigation easement: The assignment of a right to an airport proprietor to a portion of the total benefits of the ownership of real property. The selected rights may be granted to the airport proprietor or may be purchased by him.

Day-Night Sound Levels (DNL): A day-night twenty-four-hour average sound level measurement, expressed in decibels, obtained after addition of ten (10) decibels to sound levels during the nighttime period from 10:00 p.m. to 7:00 a.m.

Heliport: A landing facility to be used by helicopters only

Nautical mile: A nautical mile is equal to six thousand seventy-six (6,076) feet.

Noise reduction (NR): Reduction in decibels of sound pressure levels between two (2) designated locations or rooms for a stated frequency or band.

Nonconforming use: For purposes of airport protection and land use compatibility regulations in this section, any preexisting structure, object of natural growth, or use of lands, which is inconsistent with these provisions.

Non-precision instrument runway: A runway having a non-precision instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document or military services' military airport planning document.

Precision instrument runway: A runway having an instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an FAA-approved airport layout plan; a military services' approved military airport layout plan; any other FAA planning document, or military services' military airport planning document.

Private-use airport: A privately-owned airport not open to the public or operated for public benefit.

Public-use airport: An airport, licensed by the state, which is open to public use without prior permission. It may or may not be publicly owned. The Punta Gorda Airport, also referred to as "PGD", operated by the Charlotte County Airport Authority is a public-use airport.

Qualified acoustical consultant: A person who, because of his training and experience in the science and technology of acoustics and his knowledge of construction methods and materials, is considered qualified to pass judgment on acoustical designs, materials and methods of construction for the attenuation of noise.

Runway: A defined rectangular area on an airport prepared or suitable for the landing or takeoff of aircraft.

Runway protection zone: An area at ground level beyond the runway end to enhance the safety and protection of people and property on the ground.

Sound level reduction (SLR): Different in decibels between the sound level outside a building and the sound level inside a designated room of the building which is caused by exterior noise.

Site-specific analysis (SSA): The process by which a proposed land use in a designated aircraft noise-impacted area is examined for compliance with the county land use plan, and the noise zone map or land use guidance chart contained herein. Site-specific analysis enables the permit or plot applicant to be advised of the type of construction needed to meet the sound level reduction requirements.

Statute mile: A statute mile is equal to five thousand two hundred eighty (5,280) feet.

Structure: Any object, constructed or installed by man, including but not limited to: buildings, towers, smoke stacks, utility poles and overhead transmission lines.

Utility runway: A runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.

Visual runway: A runway intended solely for the operation of aircraft using visual approach procedures and without an existing straight-in instrument approach.

(e)

Permitting, administration and enforcement.

(1)

Administration and enforcement. It shall be the duty of the zoning official to administer and enforce the requirements prescribed herein within the territorial limits over which Charlotte County has jurisdiction through the permitting process.

(2)

Permit required. Any person proposing to construct, alter, or allow an obstruction in an airport hazard area, as determined by the FAA, must apply for a building or development permit, as applicable. Such permit may not be issued if it would allow the establishment or creation of an airport hazard or if it would permit a nonconforming obstruction to become a greater hazard to air navigation than it was when the applicable airport protection zoning regulation was adopted which allowed the establishment or creation of the obstruction, or than it is when the application for a permit is made.

(3)

Permit application. In addition to the standard submittal documents associated with a building or development permit application, permit applications under this section shall include documentation showing compliance with the federal requirement for notification of proposed construction or alteration of structures and a valid aeronautical study. All such applications shall be accompanied by the appropriate review fee established by resolution.

(4)

Review criteria. The following criteria shall be considered when determining whether to issue or deny a permit:

a.

The safety of persons on the ground and in the air.

b.

The safe and efficient use of navigable airspace.

c.

The nature of the terrain and height of existing structures.

d.

The effect of the construction or alteration on the state licensing standards for a public-use airport contained in F.S. ch. 330, and rules adopted thereunder.

e.

The character of existing and planned flight operations and developments at public-use airports.

f.

Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designed by the Federal Aviation Administration.

g.

The effect of the construction or alteration of an obstruction on the minimum descent altitude or the decision height at the affected airport.

h.

The cumulative effects on navigable airspace of all existing structures and all other known proposed structures in the area.

i.

Additional requirements adopted by Charlotte County or the Charlotte County Airport Authority pertinent to evaluation and protection of airspace and airport operations.

j.

Comments provided by other affected municipal jurisdictions, if any.

(5)

Florida Department of Transportation (FDOT) Review. Upon receipt of a complete permit application, a copy of the application shall be provided to the Florida Department of Transportation Aviation Office by certified mail, return receipt requested, or by a delivery service that provides a receipt evidencing delivery. Pursuant to F.S. § 333.025(5), the Department of Transportation shall have thirty (30) days to review the application and provide comments, if any, to the county, said time running concurrently with the review of the application by the county.

(6)

Nonconforming uses. This section may not require the removal, lowering, or other change or alteration of any obstruction not conforming to the regulation when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in subsection (e)(1) above.

a.

Application to existing buildings.

1.

General buildings or structures to which additions, alterations, or repairs are made shall comply with all the requirements of this part except as specifically provided in this subsection.

2.

When additions, alterations or repairs within any three-year period exceed fifty (50) percent of the value of an existing building or structure, such buildings or structures shall be made to conform to the requirements of this part.

3.

Alterations or repairs, not exceeding fifty (50) percent of the value of an existing building or structure may be made with the same materials of which the building or structure is constructed.

4.

Not more than fifty (50) percent of the roof covering of any building shall be replaced in any three-year period unless the next roof covering is made to reduce noise from aircraft overflights to less than sixty-five (65) decibels measured inside the building.

5.

Buildings in existence at the time of the passage of these regulations may have their existing use or occupancy continued if such use or occupancy was legal at the time of passage of these regulations, provided such continued use is not dangerous to life.

b.

Application to moved buildings. Buildings or structures moved into an identified noise zone shall comply with applicable provisions of this section.

(7)

Hazard marking and lighting. Notwithstanding other provisions on lighting in this section, the owner of any structure over two hundred (200) feet above ground level or an airport hazard shall install, operate, and maintain, at his or her own expense, marking and lighting on such structure in accordance with Federal Aviation Administration Advisory Circular 70/7460-1K and subsequent amendments.

(8)

Abandonment. A nonconforming obstruction that has been abandoned or is more than fifty (50) percent torn down, destroyed, deteriorated, or decayed shall not be granted a permit if it would allow the obstruction to exceed the applicable height limit or otherwise deviate from the airport protection zoning regulations. Whether or not an application is made for a permit under this subsection, the owner of the nonconforming obstruction may be required, at his own expense, to lower, remove, reconstruct, alter, or equip such obstruction as may be necessary to conform to the current airport protection zoning regulations. If the owner of the nonconforming obstruction neglects or refuses to comply with such requirement for thirty (30) days after notice, the county 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.

(9)

Appeals. Any person desiring to appeal a decision or determination made by the zoning official in accordance with this section may apply to the board of zoning appeals for an appeal of the decision or determination according to the provisions of section 3-9-6.

(10)

Variances. Any person desiring to erect or increase the height of any structures, or use his property not in accordance with this chapter, may apply to the board of zoning appeals for a variance from the requirements of this section according to the provisions of section 3-9-6. No application for a variance to the requirements of this section may be considered by the board of zoning appeals unless a copy of the application, along with a site-specific analysis, has been furnished to the appropriate airport manager at least thirty (30) days prior to the date of the board of zoning appeals meeting date. In granting any variance, the board of zoning appeals may prescribe appropriate conditions, requirements and safeguards in conformity with these regulations and the intent hereof including avigation easements or sound level reduction techniques, if deemed necessary.

(11)

Exemptions. Notwithstanding any other provisions herein, the following activities and structures shall be exempt from the permitting requirements of this section.

a.

Existing structures that received construction permits from the Federal Communications Commission (FCC) that exceed 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.

b.

Non-substantial improvements of existing residential structures and parcels, and non-residential structures or parcels provided the principal use of the property has not been discontinued for a period of no less than one (1) year.

c.

Cranes, construction equipment, and other temporary structures in use or in place for a period not to exceed eighteen (18) consecutive months are exempt from review by the Florida Department of Transportation, unless request by FDOT.

(12)

Transmittal. Political subdivisions shall provide a copy of all airport protection zoning regulations and airport land use compatibility zoning regulations, and any related amendments, to the FDOT's aviation office within thirty (30) days after adoption.

(f)

Airport Protection Overlay Zones. To carry out the provisions of this section, there are hereby created and established certain " protected zones " that include lands, in the unincorporated portions of Charlotte County and portions of the City of Punta Gorda, lying beneath the primary, approach, transitional, horizontal, and conical zones or imaginary surfaces as they apply to a public-use airport. The boundaries of the airport protection overlay zones shall apply to all zoning classifications established in chapter 3-9. An area located in more than one (1) of the airport protection overlay zones is considered to be in the zone with the more restrictive height limitation. The airport protection overlay zones are hereby established and defined as follows:

(1)

Primary zone: A rectangular area longitudinally centered on a runway, extending two hundred (200) feet beyond each end of that runway with the width as specified below for each runway for the most precise approach existing or planned for either end of the runway. No structure or obstruction shall be permitted within the primary zone that is not part of the landing and take-off area, and is of a greater height than the nearest point on the runway centerline. The width of the primary zone of a runway is as follows:

a.

For precision instrument runways ..... 1,000 feet.

b.

For non-precision instrument runways ..... 500 feet.

c.

For public utility, visual runways ..... 250 feet.

d.

For private utility, visual runways ..... 100 feet.

(2)

Runway protection zone: A trapezoidal area at ground level beginning at the end of the primary zone, two hundred (200) feet beyond the end of a runway, and centered about the extended runway centerline, with the shortest side of the trapezoid matching the width of the primary zone. The runway protection zone dimension for a particular runway end is a function of the type of aircraft associated with that runway end. Its width corresponds to that approach zone. Its length varies as follows:

a.

For precision instrument runways ..... 2,500 feet.

b.

For non-precision instrument runways ..... 1,500 feet.

c.

For public utility, visual runways ..... 1,000 feet.

(3)

Horizontal zone: The area around a runway 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 runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc for the horizontal surface is five thousand (5,000) feet for visual approach runways, and ten thousand (10,000) feet for all other approach types. The horizontal zone extends outward from the transitional zone to the edge of the conical zone. No structure or obstruction can extend one hundred fifty (150) feet above the established airport elevation.

(4)

Conical zone: The area extending outward from the periphery of the horizontal zone for a distance of four thousand (4,000) feet. Height limitations for structures in the conical zone are one hundred fifty (150) feet above airport height at the inner boundary with permitted height increasing one (1) foot vertically for every twenty (20) feet of horizontal distance measured outward from the inner boundary to a height of three hundred fifty (350) feet above airport height at the outer boundary.

(5)

Approach zone: An area longitudinally centered on the extended runway centerline and extending outward and upward from each end of a runway's primary zone. An approach zone is determined for each runway based upon the type of approach available or planned for that runway end. Permitted height limitations within the approach zones is the same as the runway end height at the inner edge and increases with horizontal distance outward from the inner edge as follows:

a.

Precision instrument runway: Permitted height increases one (1) foot vertically for every fifty (50) feet horizontal distance for the first ten thousand (10,000) feet (two hundred (200) feet vertically) and then increases one (1) foot vertically for every forty (40) feet horizontal distance for an additional forty thousand (40,000) feet (one thousand (1,000) feet vertically). The maximum outer width is sixteen thousand (16,000) feet.

b.

Non-precision instrument runways: Permitted height increases one (1) foot vertically for every thirty-four (34) feet horizontal distance for a total distance of ten thousand (10,000) feet. The maximum outer width is three thousand five hundred (3,500) feet.

c.

Visual runways: Permitted height increases one (1) foot vertically for every twenty (20) feet horizontal distance for a total distance of five thousand (5,000) feet (two hundred fifty (250) feet vertically). The maximum outer width is one thousand two hundred fifty (1,250) feet.

(6)

Transitional zone: The area extending outward and upward at a 7:1 slope 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 zones or approach zones at the boundary line where it adjoins and increases at a rate of one (1) foot vertically for every seven (7) 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 or conical zone or for a horizontal distance of five thousand (5,000) feet from the side of the part of the precision approach zone that extends beyond the conical zone.

(g)

Airport land use restrictions. Notwithstanding any other provision of this chapter, no use may be made of land or water within any zones established by this section in such a manner as to interfere with the operation of an airborne aircraft. The following special requirements shall apply to any proposed use:

(1)

Prohibited uses in runway protection zone. Notwithstanding the uses permitted in the underlying zoning classifications as provided in chapter 3-9, the following uses are prohibited within any runway protection zone.

a.

Assisted living facilities.

b.

Group homes.

c.

Hospitals.

d.

Multifamily standard or manufactured modular dwellings.

e.

Schools, public, parochial or private.

f.

Storage of explosive material.

g.

Uses that assemble large groups of people or any other use that could produce a major catastrophe as a result of an aircraft crash.

(2)

Restricted areas for residential development and educational facilities. New residential development and educational facilities, as defined in F.S. § 333.01, as amended, shall be prohibited within an area contiguous to an airport runway measuring one-half (½) the length of the longest runway on either side of and at the end of each runway centerline.

(3)

Additional restricted areas for educational facilities. New educational facilities, as defined in F.S. § 333.01, as amended, shall be prohibited within a rectangular area having a width of one-half (½) of the runway length and a length of five (5) statute miles. Said rectangular area shall be centered on the runway centerline as extended and begin at the physical end of the runway pavement.

(4)

Lighting. All lights or illumination used in conjunction with streets, parking, signs or uses of land or structures shall be arranged and operated in such a manner that they are not misleading or dangerous to aircraft operating from a public airport or in the vicinity thereof, by shielding, directing downwards, or other means as necessary.

(5)

Visibility and glare. No operations from any type of land use shall produce smoke, glare or other visual hazards that endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(6)

Electrical interference. No operations of any type shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.

(7)

Wildlife hazard attractants. Landfills, waste disposal facilities, and other facilities that store, handle, or process organic or any other material that foster or harbor the growth of insects, rodents, amphibians, or other organisms that result in significant bird population increases above the normal background level, as well as storm-water management facilities, wetlands, and other areas containing aquatic life and vegetation also attract birds and other wildlife that may increase the potential for aircraft bird strikes, resulting in damage to aircraft and injury to occupants shall be subject to the following regulations.

a.

New landfills shall not be located:

1.

Within ten thousand (10,000) feet of the nearest point of any runway used or planned to be used by turbine aircraft; or

2.

Within five thousand (5,000) feet of the nearest point of any runway used or planned to be used by only non-turbine aircraft.

3.

Outside the perimeters described in subsections 1 and 2 above, but within the lateral limits of the civil airport imaginary surfaces as defined by federal regulations, as amended from time to time, for approaching, departing, and circling aircraft.

b.

All proposed and existing landfills shall be reviewed to determine whether they attract or sustain hazardous bird movements from feeding, water, or roosting areas into or across the runways or approach and departure patterns of aircraft. The existence of such hazards shall be considered in deciding whether to permit a proposed landfill, and whether to require an existing or proposed landfill to use bird management techniques or other practices to minimize bird hazards to airborne aircraft.

c.

Above-ground storm-water management facilities, including open water features, canals, marsh areas, dry detention, and littoral zone areas should not be placed within airport operations areas due to their aquatic and vegetative environments and potential to attract wildlife. Where such facilities are unavoidable, best management practices shall be used to decrease the potential to attract wildlife, such as steep slopes, rip-rap lined detention areas, vegetation management, and use of dry detention areas.

(Ord. No. 2017-030, § 1(Exh. A), 6-13-17)

Editor's note

Ord. No. 2017-030, § 1(Exh. A), adopted June 13, 2017, amended § 3-9-63 in its entirety to read as herein set out. Former § 3-9-63 pertained to airport zones, airspace height limitations and noise zones and derived from minutes of Dec. 2, 1981, § 8; Res. No. 85-312, § 1, adopted Nov. 19, 1985; Res. No. 89-27, § 1, adopted May 8, 1989; and Ord. No. 2014-041, § 1(Exh. A), adopted Nov. 25, 2014.