§ 16.70.030.1.16. Airport obstruction permit.

A .

Applicability . A person proposing the construction or alteration of an obstruction must obtain a permit from the City. The requirement for a permit will be required only within an airport hazard area where federal obstruction standards are exceeded and if the proposed construction or alteration is within a ten nautical-mile (11.5077945 statute mile) radius of the airport reference point, located at the approximate geometric center of all usable runways.

Permit 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.

B.

Application . An application shall include the following information in addition to the information that the POD may generally require for a zoning permit application:

1.

A copy of the notice of no hazard to air navigation issued by the FAA. This satisfies the statute requirement to submit a valid aeronautical study;

2.

A building elevation showing the elevation of existing grade, building height, and the overall height above mean sea level;

3.

The application shall demonstrate that the existing conditions and circumstances are such that the strict application of the provisions of the Land Development Regulations would deprive the applicant of reasonable use of said land, building, or structure, equivalent to the use made of lands, buildings, or structures in the same district and permitted under the terms of this provision and that the peculiar conditions and circumstances are not the result of the actions of the applicant.

C.

Procedure.

1.

External agency review and comment. At the time of filing an airport obstruction permit application, the local government shall forward a copy of the application to the Florida Department of Transportation (FDOT) Aviation and Spaceports Office. A second copy shall be forwarded to the local airport POD. The airport obstruction permit application shall be submitted by certified mail return receipt requested, or a digital copy may be submitted electronically by email or digital upload, where permitted.

The FDOT Aviation and Spaceports Office shall have 15 calendar days from receipt of the application to provide comments to the POD, after which time that right is waived. No application for an airport obstruction permit shall be considered unless the applicant shows compliance with this requirement.

Cranes, construction equipment, and other temporary structures in use or in place for a period not to exceed 18 consecutive months are exempt from review by the FDOT Aviation and Spaceports Office, unless such review is requested by the FDOT.

2.

Staff review and recommendation. Upon receipt of an airport obstruction permit application, the POD shall determine whether the application complies with all submittal requirements and standards for review.

a.

Administrative approval. If the POD determines that the application complies with all submittal requirements and standards for review and further considers comments from the FDOT and the local airport POD, if remitted, the POD may approve such application with or without conditions. The POD's final decision shall be in writing and shall state the reasons for such approval.

b.

Appeals . A decision of the POD to approve, approve with conditions or deny an application may be appealed to the Development Review Commission, acting as the Airport Zoning Commission, whose decision shall be deemed the final decision of the City.

3.

Commission review and decision.

a.

Public hearing. If the POD decision is appealed or if the POD determines that because of new or unusual circumstances the application requires review by the Commission, the POD shall send a report to the Development Review Commission, acting as the Airport Zoning Commission, with a copy to the applicant recommending whether the application should be approved, approved with conditions or denied and the grounds for such recommendation.

b.

Commission decision. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application and shall approve, approve with conditions, or deny the requested permit. After considering the application and evidence, the Commission may defer action for no more than 60 days to obtain additional information.

D .

Standards for review . In determining whether to issue or deny a permit, the POD or Commission must consider the following, as applicable:

1.

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

2.

The safe and efficient use of navigable airspace;

3.

The nature of the terrain and height of existing structures;

4.

The effect of the construction or alteration on the state licensing standards for a public-use airport contained in the state chapter regulating aircraft, pilots, and airports;

5.

The character of existing and planned flight operations and developments at Albert Whitted Airport;

6.

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

7.

The effect of the construction or alteration of the proposed structure on the minimum descent altitude or the decision height at Albert Whitted Airport; and

8.

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

E.

Expiration. Approval of the airport obstruction permit shall be subject to any expiration dates identified in the letter of no hazard authorized by the Federal Aviation Administration.

(Ord. No. 319-H, § 4, 2-15-2018)