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AIRPORT ZONING REGULATIONS SECTION 1 TITLE, AUTHORITY, JURISDICTION, FINDINGS AND PURPOSE 1.01 Title These regulations shall be known and cited as “Airport Zoning Regulations for Sarasota Bradenton International Airport”. 1.02 Authority The Sarasota Manatee Airport Authority (the “Airport Authority”) is a bi-county independent special district created by special act of the Florida Legislature, Chapter 2003-309, Laws of Florida, as amended. The Airport Authority owns and operates the 1,100-acre Sarasota Bradenton International Airport (“SRQ”), which serves scheduled passenger air carriers in Sarasota and Manatee Counties. The Airport straddles the county line between the two counties, and a portion of the Airport is located in the City of Sarasota. The Airport Authority is empowered to acquire, lease as lessee or lessor, construct, reconstruct, improve, extend, enlarge, equip, repair, maintain, and operate any airport facilities within either or both of the Sarasota and Manatee counties. It is also empowered to exercise and perform all powers and prerogatives conferred upon political subdivisions by Chapter 333, Florida Statutes, as from time to time amended, or any successor statute, with respect to the adoption and enforcement of airport zoning regulations under the provisions of that chapter, and, if the Airport Authority adopts or causes to be adopted airport zoning regulations pursuant to that chapter, the regulations so adopted supersede the regulations theretofore adopted by the airport zoning board of Sarasota and Manatee Counties, insofar as such regulations of the airport zoning board of Sarasota and Manatee Counties pertain to airports that are under the jurisdiction of the Airport Authority. Federal Aviation Regulation (FAR) Part 77, 14 C.F.R. part 77, subpart C, ss. 77.13, 77.17, 77.19, 77.21, and 77.23, establishes standards for determining obstructions to air navigation. As the recipient of airport financial assistance administered by the Federal Aviation Administration (FAA), the Airport Authority has assured the FAA that it will take appropriate action to assure that airspace as is required to protect instrument and visual operations to the Airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards; and that it will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the Airport to activities and purposes compatible with normal Airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the Airport, of the noise compatibility program measures upon which Federal funds have been expended. Accordingly, following the passage of the Airport Zoning Law of 1945, the Airport Authority enacted airport zoning regulations and later amended and re-stated those regulations with an effective date of February 20, 1975. The Airport Authority subsequently updated those regulations by the adoption of Resolution 2012-01, with an effective date of March 12, 2012. The Airport Authority and now desires to supersede those regulations by the adoption of the revised and restated regulations set forth herein in order to comply with revisions to Chapter 333 enacted by Chapter 2016-206, Laws of Florida.

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Page 1: AIRPORT ZONING REGULATIONS SECTION 1 TITLE, AUTHORITY ... · and 77.23, establishes standards for determining obstructions to air navigation. As the recipient of airport financial

AIRPORT ZONING REGULATIONS

SECTION 1 TITLE, AUTHORITY, JURISDICTION, FINDINGS AND PURPOSE 1.01 Title

These regulations shall be known and cited as “Airport Zoning Regulations for Sarasota Bradenton International Airport”.

1.02 Authority

The Sarasota Manatee Airport Authority (the “Airport Authority”) is a bi-county independent special district created by special act of the Florida Legislature, Chapter 2003-309, Laws of Florida, as amended. The Airport Authority owns and operates the 1,100-acre Sarasota Bradenton International Airport (“SRQ”), which serves scheduled passenger air carriers in Sarasota and Manatee Counties. The Airport straddles the county line between the two counties, and a portion of the Airport is located in the City of Sarasota.

The Airport Authority is empowered to acquire, lease as lessee or lessor, construct, reconstruct, improve, extend, enlarge, equip, repair, maintain, and operate any airport facilities within either or both of the Sarasota and Manatee counties. It is also empowered to exercise and perform all powers and prerogatives conferred upon political subdivisions by Chapter 333, Florida Statutes, as from time to time amended, or any successor statute, with respect to the adoption and enforcement of airport zoning regulations under the provisions of that chapter, and, if the Airport Authority adopts or causes to be adopted airport zoning regulations pursuant to that chapter, the regulations so adopted supersede the regulations theretofore adopted by the airport zoning board of Sarasota and Manatee Counties, insofar as such regulations of the airport zoning board of Sarasota and Manatee Counties pertain to airports that are under the jurisdiction of the Airport Authority.

Federal Aviation Regulation (FAR) Part 77, 14 C.F.R. part 77, subpart C, ss. 77.13, 77.17, 77.19, 77.21, and 77.23, establishes standards for determining obstructions to air navigation. As the recipient of airport financial assistance administered by the Federal Aviation Administration (FAA), the Airport Authority has assured the FAA that it will take appropriate action to assure that airspace as is required to protect instrument and visual operations to the Airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards; and that it will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the Airport to activities and purposes compatible with normal Airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the Airport, of the noise compatibility program measures upon which Federal funds have been expended.

Accordingly, following the passage of the Airport Zoning Law of 1945, the Airport Authority enacted airport zoning regulations and later amended and re-stated those regulations with an effective date of February 20, 1975. The Airport Authority subsequently updated those regulations by the adoption of Resolution 2012-01, with an effective date of March 12, 2012. The Airport Authority and now desires to supersede those regulations by the adoption of the revised and restated regulations set forth herein in order to comply with revisions to Chapter 333 enacted by Chapter 2016-206, Laws of Florida.

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1.03 Jurisdiction

The airport hazard areas appertaining to the Airport are located within unincorporated Manatee County, unincorporated Sarasota County, or the City of Sarasota, or the Town of Longboat Key and are depicted on the Airspace Drawings. Unlike the Airport Authority, Manatee County, Sarasota County, and the City of Sarasota, and the Town of Longboat Key constitute general purpose Local Governments granted broad powers to regulate land use under s. 163.3171, Florida Statutes; and each such general purpose Local Government also constitutes a “political subdivision” under Chapter 333, having an independent legislative mandate to adopt, administer, and enforce parallel airport zoning regulations for airport hazard areas within its own territorial limits. Likewise, the Airport Authority constitutes a “political subdivision” under Chapter 333. Accordingly, as the Airport Authority invokes its jurisdiction to revise and restate these airport zoning regulations, such jurisdiction is exercised simultaneously or concurrently with that of the four three general purpose Local Governments for the purpose of regulating Airport hazards within their respective territorial limits. In the event of conflict between these airport zoning regulations and those adopted by the other three governmental entities applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether such regulations were adopted by the Airport Authority or by one of the other four three entities, the more stringent limitation or requirement shall govern and prevail.

1.04 Findings

It is hereby found that an airport hazard endangers the lives and property of users of the Airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the taking off, maneuvering, or landing of aircraft, thus tending to destroy or impair the utility of the Airport and the public investment therein, and is therefore not in the interest of the public safety, or general welfare. It is further found that certain activities and uses of land in the immediate vicinity of airports as enumerated in s. 333.03(2), are not compatible with normal Airport operations, and may, if not regulated, also endanger the lives of the participants, adversely affect their health, or otherwise limit the accomplishment of normal activities. Accordingly, it is hereby declared: A. That the creation or establishment of an airport hazard and the incompatible use of land in the

vicinity of the Airport are public nuisances and may injure the communities served by the Airport; and

B. That it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards and incompatible land uses that are a hazard to air navigation be prevented; and

C. That the prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power, without compensation; and

D. The limitation of land uses incompatible with normal Airport operations, the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which Airport Authority may raise and expend funds and acquire land or property interests therein, or air rights thereover.

SECTION 2 DEFINITIONS

2.01 Definitions

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• Aeronautical study – A Federal Aviation Administration study, conducted in accordance with the standards of 14 C.F.R. part 77, subpart C, and Federal Aviation Administration policy and guidance, on the effect of proposed construction or alteration on the operation of air navigation facilities and the safe and efficient use of navigable airspace.

• Airport - Sarasota Bradenton International Airport (SRQ). • Airport Elevation - The highest point of the Airport usable landing area measured in feet above

mean sea level. The Airport Elevation of the Airport is 29.9 feet above mean sea level. • Airport Hazard - An obstruction to air navigation that affects the safe and efficient use of

navigable airspace or the operation of planned or existing air navigation and communication facilities any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C.F.R. ss. 77.13, 77.17, 77.19, 77.21, and 77.23 and which obstructs the airspace required for the flight of aircraft in taking off, maneuvering, or landing or is otherwise hazardous to such taking off, maneuvering, or landing of aircraft and for which no person has previously obtained a permit or variance pursuant to s. 333.025 or s. 333.07.

• Airport hazard area – Any area of land or water upon which an airport hazard might be

established.

• Airport land use compatibility zoning – Airport zoning regulations governing the use of land on, adjacent to, or in the immediate vicinity of airports.

• Airport layout plan – A set of scaled drawings that provides a graphic representation of the

existing and future development plan for the airport and demonstrates the preservation and continuity of safety, utility, and efficiency of the airport.

• Airport master plan – A comprehensive plan of an airport which typically describes current and

future plans for airport development designed to support existing and future aviation demand.

• Airport protection zoning regulations – Airport zoning regulations governing airport hazards.

• Airspace Drawings - FAA approved Airport Layout Plan Set drawings dated July 2010, depicting the airport imaginary surfaces and the application of the federal obstruction standards contained in 14 C.F.R. ss. 77.13, 77.17, 77.19, 77.21, and 77.23, to the conditions at the Airport. These drawings consist of the following:

• Appendix “A” (attached hereto) --Drawing No. 1, Sheet No. 1.00 – Plan view of the

Airport compatibility land use composite overlay of all zoning requirements on aerial photo.

• Sheet 2 -- Airport Layout Plan showing existing conditions, near-term and long-term Airport development, including the Runway Protection Zone;

• Appendix “B” (attached hereto) -- Sheet 4 -- Plan view and profile view of Runway 14-32 and their precision approach, the horizontal, the conical, and transitional surfaces.

• Sheet 5 -- Plan view and profile view of Runway 4-22 and their precision approach, the horizontal, conical, and transitional surfaces.

• Sheet 6 -- Plan view and profile view of Runway 14 and its precision approach, horizontal, conical, and transitional surfaces.

• Sheet 7 -- Plan view and profile view of Runway 32 and its precision approach, horizontal, conical, and transitional surfaces.

• Sheet 8 -- Plan view and profile view of Runway 4 inner approach surfaces.

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• Sheet 9 -- Plan view and profile view of Runway 22 inner approach surfaces. • Sheet 10 -- Plan view and profile view of Runway 14 inner approach surfaces. • Sheet 11 -- Plan view and profile view of Runway 32 inner approach surfaces. • Sheet 12 -- Plan view and profile view of Runway 32 departure surfaces. • Appendix “C” (attached hereto) – Isometric view of foregoing surfaces.

These drawings are maintained at the Airport Engineering & Environmental Affairs office at 6000 Airport Circle, Sarasota, Florida, and are available for inspection during regular business hours. Copies of the drawings may be viewed on the Airport Authority’s website at http://srq-airport.com/; or may be viewed at the Manatee County Building and Development Services Department, 1112 Manatee Avenue West, Bradenton, Florida; the Sarasota County Planning and Development Services office, 1660 Ringling Boulevard, Sarasota, Florida; or the City of Sarasota Neighborhood and Development Services office, 1565 1st Street, Sarasota, Florida; or the Town of Longboat Key Planning, Zoning, and Building department at 501 Bay Isles Road, Longboat Key, FL 34228.

• Approach Surface - A surface longitudinally centered on the extended runway centerline,

extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 3 of these regulations. In plan view, the perimeter of the approach surface coincides with the perimeter of the approach zone.

• Approach, Transitional, Horizontal, and Conical Zones - These zones are set forth in Section 3 of

these regulations.

• Board of Adjustment – The Manatee County Board of County Commissioners shall constitute the “Board of Adjustment” with respect to land uses, trees, structures or activities within unincorporated Manatee County. The Sarasota County Board of Zoning Appeals shall constitute the “Board of Adjustment” with respect to land uses, trees, structures or activities within unincorporated Sarasota County. The Sarasota Board of Adjustment shall constitute the “Board of Adjustment” with respect to land uses, trees, structures or activities within the City of Sarasota. The Town of Longboat Key Board of Zoning Appeals shall constitute the “Board of Adjustment” with respect to land uses, trees, structures or activities within the Town of Longboat Key. Provided, however, that the governing bodies of the respective Local Governments shall have the prerogative to designate different collegial bodies to constitute the “Board of Adjustment” with respect to land uses, trees, structures or activities within their jurisdictions, in lieu of those specified herein. In the event any of these collegial bodies decline to function in this capacity, the governing body of the Authority shall constitute the “Board of Adjustment” as to matters otherwise under the jurisdiction of the declining collegial body under these regulations. In each case, the Board of Adjustment shall have and exercise the following powers pursuant to s. 333.10: to hear and decide appeals from any order, requirement, decision, or determination made by the Local Government in the enforcement of these airport zoning regulations, as provided in s. 333.08. 333.09(3).

(1) To hear and decide appeals from any order, requirement, decision, or determination made by the Local Government in the enforcement of these airport zoning regulations, as provided in s. 333.08. 333.09(3)

(2) To hear and decide any special exceptions to the terms of these airport zoning regulations upon which such board may be required to pass under such regulations.

(3) To hear and decide specific variances under s. 333.07(2).

• Conical Surface - A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

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• Department - The Florida Department of Transportation, Aviation Office.

• Development Permit (or Permit) - Any building permit, zoning permit, subdivision approval,

rezoning, certification, special exception, variance, or any other official action of Local Government issued in accordance with its land development regulations adopted pursuant to s. 163.3202, Florida Statutes, and having the effect of permitting the development of land.

• Educational facility – Any structure, land, or use thereof that includes a public or private K-12 school, charter school, magnet school, college campus, or university campus. The term does not include space used for educational purposes within a multi-tenant building.

• Future (2000) Noise Exposure Map - Map (see Appendix “D” attached hereto) based on a noise study conducted pursuant to 14 C.F.R. Part 150, which depicts the contour lines for areas within the boundaries of the Airport and adjacent thereto, experiencing sound levels of 65, 70, and 75 DNL (day-night level). This map is maintained at the Airport Engineering & Environmental Affairs office at 6000 Airport Circle, Sarasota, Florida, and is available for inspection during regular business hours. A copy of the map may be viewed on the Airport Authority’s website at http://srq-airport.com/; or may be viewed at the Manatee County Building and Development Services Department, 1112 Manatee Avenue West, Bradenton, Florida; the Sarasota County Planning and Development Services office, 1660 Ringling Boulevard, Sarasota, Florida; or the City of Sarasota Neighborhood and Development Services office, 1565 1st Street, Sarasota, Florida; or the Town of Longboat Key Planning, Zoning, and Building department at 501 Bay Isles Road, Longboat Key, FL 34228.

• Hazard to Navigation - An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

• Height - For the purpose of determining the height limits in all zones set forth in this regulation and

shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

• Horizontal Surface - A horizontal plane 150 feet above the established Airport Elevation (which is

29.9 feet above mean sea level), the perimeter of which in plan coincides with the perimeter of the horizontal zone.

• Landfill – has the same meaning as provided in s. 403.703.

• Local Government – The county or municipality exercising land use jurisdiction under s. 163. 3171

as to the use and development of lands within its territorial limits. For purposes of these airport zoning regulations the Local Government will either be Manatee County, Sarasota County, or the City of Sarasota or the Town of Longboat Key.

• Noise Compatibility Plan -- The most recent plan adopted by the Airport Authority, and approved by the Federal Aviation Administration, pursuant to 14 CFR Part 150, to show what measures have been taken to reduce non-compatible land uses and for preventing the introduction of additional non-compatible uses within the area covered by the Future (2000) Noise Exposure Map. This plan is maintained at the Airport Engineering & Environmental Affairs office at 6000 Airport Circle, Sarasota, Florida, and is available for inspection during regular business hours.

• Non-Precision Instrument Runway - A runway having an instrument approach procedure utilizing

air navigational facilities with only horizontal guidance, or area type navigation equipment, for

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which a straight-in non-precision instrument approach procedure has been approved or planned.

• Nonconforming Use - Any pre-existing structure, object of natural growth, or use of land which

lawfully exists at a specific height at the time these regulations were adopted, but which existence or height is inconsistent these regulations in their present form.

• Obstruction - Means any object of natural growth or terrain, or permanent or temporary

construction or alteration, including equipment or materials used and any permanent or temporary apparatus, or alteration of any permanent or temporary existing structure by a change in its height, including appurtenances, or lateral dimensions, including equipment or material used therein, existing or proposed which exceeds the federal obstruction standards contained in manmade object or object of natural growth or terrain that violates 14 C.F.R. part 77, subpart C ss. 77.13, 77.17, 77.19, 77.21, and 77.23.

• Person - Any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.

• Political subdivision – The Local Governments and/or the Airport Authority.

• Precision Instrument Runway - A runway having an existing 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 approved airport layout plan or any other planning document.

• Primary Surface - A surface longitudinally centered on a runway, extending 200 feet beyond

each end of that runway. The width of the primary surface is set forth in Section 3 of this regulation. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

• Public-use airport – An airport, publicly or privately owned, licensed by the state, which is open

for use by the public. SRQ is a public-use airport.

• Runway - A defined area on an airport prepared for landing and takeoff of aircraft along its length. The Airport has four runways, designated as Runway 4, Runway 14, Runway 22 and Runway 32.

• Runway Protection Zone - An area off at ground level beyond the runway end to enhance the safety and protection of people and property on the ground (formerly the clear zone). The Runway Protection Zone (“RPZ”) is trapezoidal in shape and centered about the extended runway center lines of each of the runways, and begins 200 feet beyond the end of the area suitable for takeoff and landing;

• The RPZs for Runway 14 and Runway 32 are 2,500 feet in length, and they have an inner width (closest to the runway end) of 1,000 feet, and an outer width of 1,750 feet.

• The RPZs for Runway 4 and Runway 22 (with design enhancements) are 1,700 feet in length; and have an inner width (closest to the runway end), of 500 feet, and an outer width of 1,010 feet.

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• Structure - Any object constructed, erected, altered, or installed by man, including, but without limitation, buildings, towers, smoke stacks, utility poles, power generation equipment, cranes, earth formations and overhead transmission lines.

• Substantial modification – Any repair, reconstruction, rehabilitation, or improvement of a structure the actual cost of which equals or exceeds 50 percent of the market value of the structure.

• Table 1 (see Appendix “E” attached hereto) – Appendix to C.F.R. Part 150, which describes

compatible land use information for various land uses as a function of Yearly Day-Night Average Sound Levels (YDNL) with respect to airport noise.

• Transitional Surface - These surfaces extend outward at 90 degree angles to the runway centerline

and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 ft measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline.

• Tree - Any object of natural growth.

SECTION 3 AIRPORT ZONES

In order to carry out the provisions of these airport zoning regulations, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Airport. Such zones for the Airport are depicted on the Airport Airspace Drawings. An area located in more than one (1) of the following zones shall be considered to be only in the zone with the more restrictive height limitation. The various zones and height limitations are hereby established and defined as follows:

A. Precision Instrument Approach Zone - The inner edge of this approach zone coincides with the

width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

B. Non-Precision Instrument Approach Zone - The inner edge of this approach zone coincides with

the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

C. Visual Approach Zone - The inner edge of this approach zone coincides with the width of the

primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

D. Horizontal Zone - The horizontal zone is established by swinging arcs of 10,000 feet from the

center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

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E. Conical Zone - The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet.

F. Transitional Zone - The transitional zones are the areas beneath the transitional surfaces.

SECTION 4 COORDINATION OF AIRPORT PROTECTION ZONING REGULATIONS

A. Because there are lands within the respective land use jurisdictions of the Local Governments upon which an obstruction may be constructed or altered, which land underlies the surfaces of the Airport described in 14 C.F.R. part 77, subpart C, the Airport Authority has entered, or proposes to enter, into separate interlocal agreements with each of the Local Governments pursuant to s. 333.03, providing for the adoption, administration, and enforcement of a set of airport protection zoning regulations requiring at a minimum:

(1) A permit for the construction or alteration of any obstruction; (2) Marking and lighting for obstructions; (3) Documentation showing compliance with the federal requirement for notification of

proposed construction or alteration of structures and a valid aeronautical study submitted by each person applying for a permit;

(4) Consideration of the criteria in s. 333.025(6) when determining whether to issue or deny a permit; and

(5) That a permit may not be approved solely because the Federal Aviation Administration determines that the proposed obstruction is not an airport hazard.

B. The Local Governments and the Airport Authority shall coordinate with regard to federal obstruction standards as needed.

SECTION 5 AIRPORT ZONE HEIGHT LIMITATIONS

Except as otherwise provided in this regulation, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this regulation to a height in excess of the applicable height herein established for such zone as depicted in the Airspace Drawings. Such applicable height limitations are hereby established for each of the zones in question as follows: A. Precision Instrument Approach Zone - Runway(s) 14 and 32: Slopes fifty (50) feet outward for

each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

B. Non-Precision Instrument Approach Zone - Runway 22: Slopes thirty-four (34) feet outward for

each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

C. Visual Approach Zone - Runway 4: Slopes twenty (20) feet outward for each foot upward

beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

D. Horizontal Zone - Established at 150 feet above the Airport Elevation (which is 29.9 feet above

mean sea level) or at a height of 179.9 feet above mean sea level.

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E. Conical Zone - Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the Airport Elevation (which is 29.9 feet above mean sea level) and extending to a height of 350 feet above the Airport Elevation.

F. Transitional Zone - Slope seven (7) feet outward for each foot upward beginning at the sides of

and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the Airport Elevation (which is 29.9 feet above mean sea level). In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.

SECTION 6 AIRPORT LAND USE RESTRICTIONS

Notwithstanding any other provisions of this regulation, no use may be made of land or water within any zone established by this regulation in such a manner as to create electrical interference with navigational signals or radio communication between the airport and Aircraft, make it difficult for pilots to distinguish between Airport lights and others, result in glare in the eyes of pilots using the Airport, impair visibility in the vicinity of the Airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the Airport. Except as otherwise provided herein, the following land uses, structures or activities shall be prohibited:

A. Any sanitary landfill:

(1) located within 10,000 feet from the nearest point of any runway used or planned to be used

by turbine aircraft at the Airport;

(2) within 5,000 feet from the nearest point of any runway used only by nonturbine aircraft;

(3) outside the perimeters defined in subparagraphs 1. and 2., but still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. s. 77.79. .19

(4) located more than 10,000 feet from the nearest point of any runway at the Airport, but still

within the lateral limits of the civil airport imaginary surfaces depicted in the Airspace Drawings; or

(5) where any landfill is located and constructed so that it 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 operator of such landfill must be required to Local Government may request from the Airport Authority a report on such bird feeding or roosting areas that at the time of the request are known to the Airport Authority. In preparing its report, the Airport Authority shall consider whether the landfill will incorporate bird management techniques or other practices to minimize bird hazards to airborne aircraft. The Airport Authority shall respond to the Local Government no later than 30 days after receipt of such request.

B. Restricting Any new incompatible uses, activities, or substantial modifications to existing

incompatible uses construction within the Airport’s Runway Protection Zones. including uses, activities, or construction within said zones which are incompatible with normal airport

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operations or endanger public health, safety, and welfare by resulting in congregations of people, emissions of light or smoke, or attraction of birds, as determined by standards and recommendations contained in Federal Advisory Administration (FAA) Advisory Circular 150/5300-13.

C. The Airport Authority shall provide a copy of all airport protection zoning regulations and airport

land use compatibility zoning regulations, together with any related amendments, to the department’s Aviation and Spaceports Office within 30 days after adoption. The construction of an educational facility of a public or private school at either end of an Airport runway within an area which extends 5 miles in a direct line along the centerline of the runway, and which has a width measuring one-half the length of the runway; provided that exceptions approving construction of an educational facility within the delineated area may be granted when the governing body or Board of Adjustment of the general purpose Local Government administering the airport zoning regulations, makes specific findings detailing how the public policy reasons for allowing the construction outweigh health and safety concerns prohibiting such a location, and further provided that no such restriction or prohibition shall be construed to require the removal, alteration, sound conditioning, or other change, or to interfere with the continued use or adjacent expansion of any educational structure or site in existence on July 1, 1993.

D. Non-compatible land uses, as established in the Future (2000) Noise Exposure Map and Noise

Compatibility Plan, are not permitted within the noise contours established there, except where such land use is specifically contemplated therein, with appropriate mitigation or similar techniques described therein.

E. Residential construction and any educational facility as defined in Chapter 1013, Florida Statutes, within the area contiguous to the Airport defined by the outer noise contour depicted on the Airport Authority’s Future (2000) Noise Exposure Map (see Appendix “D” attached hereto) that is considered incompatible with that type of construction by Table 1 (Exhibit “E” attached hereto) with the exception of an aviation school facility, facilities. Provided, however, that this restriction shall not be construed to require the removal, alteration, sound conditioning, or other change to, or to interfere with the continued use or adjacent expansion of any educational facility structure or site in existence on July 1, 1993.

F. Any lights and illumination used in connection with streets, parking, signs or uses of land that are arranged or operated in such manner that it is misleading to or obscures pilots’ vision during critical take-off or landing stages of flight or is otherwise dangerous to aircraft operations or flight operations at the Airport.

G. Any use of high energy beam devices where the energy transmission is not fully contained in a

building or some type of absorbing or masking vessel.

H. Any activity that produces interference with navigational signals or radio communication between aircraft, the Airport, or an air traffic control facility.

I. This section does not preclude the Airport Authority, a Local Government or its administrative

agency, from establishing airport zoning regulations more restrictive than prescribed in this section in order to protect the health, safety, and welfare of the public in the air and on the ground.

SECTION 7 NON-CONFORMING USES

7.01 Regulations Not Retroactive -

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A. Nothing in these regulations shall require the removal, lowering, or other change or alteration of any obstruction structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, unless the nonconforming use has been abandoned or is more than 80 percent torn down, destroyed, deteriorated, or decayed, or unless, with respect to existing obstruction marking or lighting, whenever such marking or lighting requires replacement. Nothing in these regulations shall be construed to require the removal, alteration, sound conditioning, or other change, or to interfere with the continued use or adjacent expansion of any educational structure or site in existence on July 1, 1993, or be construed to prohibit the construction of any new structure for which a site has been determined as provided in former s. 235.19, Florida Statutes, as of July 1, 1993.

SECTION 8. MARKING AND LIGHTING

Notwithstanding Section 10.01 7, the owner of any existing nonconforming structure or tree shall be required to install, operate, and maintain, or to permit the Airport Authority to install, operate and maintain thereon of such markers and lights as shall be deemed necessary by the Airport Authority to indicate to the operators of aircraft in the vicinity of the Airport the presence of such airport obstructions. If installed by the Airport Authority, such markers and lights shall be installed, operated and maintained at the expense of the Airport Authority.

SECTION 9 PERMITS AND VARIANCES 9.01 Local Government Permit Required

A. To the extent required by the land development regulations adopted by a Local Government pursuant to s. 163.3202, Florida Statutes, a Development Permit shall be obtained from the said Local Government having land use jurisdiction over the site location (Manatee County, Sarasota County, or the City of Sarasota, or the Town of Longboat Key). A person proposing to construct, alter, or allow an airport obstruction in an airport hazard area in violation of the airport protection zoning regulations adopted under this chapter shall apply for a permit. A before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed or substantially altered or repaired. Additionally, before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a Permit must be secured from said Local Government, authorizing such replacement, change, or repair. No permit shall may not be issued granted that would allow the establishment or creation of an airport hazard or that would permit a nonconforming obstruction structure or tree or nonconforming use to be made or become higher to be become a greater hazard to air navigation than it was when the applicable airport protection zoning regulation was adopted that allowed the establishment or creation of the obstruction or than it was when the application for permit is made.

B. Except as otherwise provided herein, no Development Permit shall be issued by the Local Government that would be prohibited under Sections 5 and 6 of these airport zoning regulations. Each application for a Permit shall indicate the purpose for which the Permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the Permit shall be granted. No Permit for a use inconsistent with the provisions of these regulations shall be granted unless a variance has been approved in accordance with Section 11.02, below. Vertical height shall be measured from the highest point on the ground along the periphery of the structure or tree to the highest point on the structure or tree.

C. Within ten (10) fifteen (15) days after receiving an application for Development Permit, the Local Government shall provide the Airport Authority and the department with written notice and an

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opportunity to comment on the application, if:

(1) The application proposes vertical development in excess of 40 feet above the Airport

Elevation (which is 29.9 feet above mean sea level) on a parcel that is within a horizontal distance of less than 4,200 feet from the end of an Airport runway; or

(2) The application proposes a land use or activity deemed incompatible under Table 1 (see Appendix “E” attached hereto) on a parcel that is within the outer noise contour depicted on the Airport Authority’s Future (2000) Noise Exposure Map (see Appendix “D” attached hereto); or

(3) The application proposes development on a parcel that is within an Airport Runway Protection Zone; or

(4) The application proposes the development of an educational facility of a public or private school at either end of an Airport runway within an area which extends 5 miles in a direct line along the centerline of the runway, and which has a width measuring one-half the length of the runway the area contiguous to the Airport defined by the outer noise contour depicted on the Airport Authority’s Future (2000) Noise Exposure Map and Noise Compatibility Plan; or

(5) The application proposes the development of a sanitary landfill located within 10,000 feet from the nearest point of any runway at Airport, or located more than 10,000 feet from the nearest point of any runway at the Airport, but still within the lateral limits of the civil airport imaginary surfaces depicted in the Airspace Drawings.

Failure to provide such notice to the Airport Authority shall not constitute a jurisdictional or procedural defect in an approval of an application for Development Permit.

D. Whenever the political subdivision or Local Government having land use jurisdiction determines that a nonconforming use or nonconforming obstruction structure or tree has been abandoned or that is more than 80 percent of the obstruction is torn down, destroyed, deteriorated, or decayed, a no Permit may not shall be granted that would allow the obstruction said structure or tree to exceed the applicable height limit or otherwise deviate from these airport protection zoning regulations.; and, Regardless of whether an application is made for a Permit under this subsection or not, the said Local Government or the Airport Authority may by appropriate action, compel the owner of the nonconforming obstruction may be required structure or tree, at his or her own expense, to lower, remove, reconstruct, alter, or equip such obstruction object as may be necessary to conform to the current airport protection zoning regulations. If the owner of the nonconforming obstruction fails or refuses structure or tree shall neglect or refuse to comply with such requirement within order for 10 days after notice thereof, the Local Government or the Airport Authority may proceed to have the obstruction object so lowered, removed, reconstructed, altered, or equipped and assess the cost and expense thereof upon the owner of the obstruction object or the land whereon it is or was located. and, unless such an assessment is paid within 90 days from the service of notice thereof on the owner or the owner’s agent, of such object or land, the sum shall be a lien on said land, and shall bear interest thereafter at the rate of 6 percent per annum until paid, and shall be collected in the same manner as taxes on real property are collected by said political subdivision, or, at the option of the Local Government or Airport Authority, said lien may be enforced in the manner provided for enforcement of liens by chapter 85, Florida Statutes.

E. Applications for permits shall be granted, provided the matter applied for meets the provisions of

these airport zoning regulations and regulations of the Local Government and Chapter 333, Florida Statutes.

F. Nothing in these airport zoning regulations shall obligate a Local Government to revise its land development regulations to regulate (1) the height that trees are permitted to grow; (2) the

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offsite impacts of lights and illumination used in connection with streets, parking, signs and uses of land; (3) the offsite use of high energy beam devices; or (4) activities that produce offsite interference with navigational signals or radio communications, except to the extent the Local Government shall voluntarily obligate itself to do so pursuant to an interlocal agreement executed pursuant to the provisions of s. 163.01 and s. 333.03(b)1., Florida Statutes.

9.02 Department Permit Required in Absence of Local Government Airport Protection Zoning

A. For those Local Governments that have not adopted airport zoning regulations pursuant to Chapter 333, and established the procedures set forth in Section 9.01, above, the department shall administer the permitting process as set forth in this Section 9.02. A permit proposing the construction or alteration of an obstruction shall not be required to seek a permit from the department under this Section 9.02, when the applicable Local Government has, in compliance with Chapter 333, adopted adequate airport protection zoning regulations. In order for such exemption to apply, the Local Government must place such regulations on file with the department's Aviation and Spaceports Office, and must establish a permitting process, and the Local Government must provide a copy of the complete permit application to the department's Aviation and Spaceports Office by certified mail, return receipt requested, or by delivery service that provides a receipt evidencing delivery. Compliance with the foregoing requirements shall be presumed if the Local Government certifies compliance in writing, and makes such certification available for inspection by permit applicants. Cranes, construction equipment, and other temporary structures in use or in place for a period not to exceed 18 consecutive months are exempt from department review unless such review is requested by the department.

B. Unless the exemption provided under subsection A, above, shall apply, a person proposing the

construction or alteration of an obstruction shall obtain a permit from the department, subject to subsections C through G., below. However, permits from the department are required only within an airport hazard area where federal obstruction standards are exceeded and if the proposed construction or alteration is within a 10-nautical-mile radius of the airport reference point, located at the approximate geometric center of all usable runways of the Airport.

C. Existing, planned, and proposed facilities at the Airport contained in its airport master plan, or in

its airport layout plan submitted to the Federal Aviation Administration, shall be protected from airport hazards.

D. 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, and a permit is not required for any necessary replacement or repairs to such existing structures provided the height and location are unchanged.

E. The department shall, within 30 days after receipt of an application for a permit, issue or deny a

permit for the construction or alteration of an obstruction. The department shall review permit applications in conformity with s. 120.60.

F. The department may not approve a permit for the construction or alteration of an obstruction

unless the applicant submits documentation showing compliance with the federal requirement for notification of proposed construction or alteration and a valid aeronautical study. A permit may not be approved solely because the Federal Aviation Administration determines that the proposed obstruction is not an airport hazard.

G. The denial of a permit under this Section 9.02 is subject to administrative review under Chapter

120

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9.03. Considerations when Issuing or Denying Permits.

The Local Government, when acting pursuant to Section 9.01, and the department, when acting pursuant to Section 9.02, shall consider the following factors in issuing or denying permits:

(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 Chapter 330 and rules adopted thereunder. (5) The character of existing and planned flight operations and developments at public-use

airports. (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 the affected airport. (8) The cumulative effects on navigable airspace of all existing structures and all other known

proposed structures in the area. (9) Additional requirements adopted by the political subdivision or administrative agency pertinent

to evaluation and protection of airspace and airport operations.

7.02 Variances —

A. Any person desiring to erect any structure, increase the height of any structure, permit the growth of any tree, or otherwise use his or her property in violation of these airport zoning regulations or any land development regulation adopted pursuant to the provisions of chapter 163, Florida Statutes, pertaining to Airport land use compatibility, may apply to the Board of Adjustment for a variance from the zoning regulations in question. At the time of filing the application, the applicant shall forward to the Department by certified mail, return receipt requested, a copy of the application. The Department shall have 45 days from receipt of the application to comment and to provide its comments or waiver of that right to the applicant and the board of adjustment. The Department shall include its explanation for any objections stated in its comments. If the Department fails to provide its comments within 45 days of receipt of the application, its right to comment is waived. The Board of Adjustment may proceed with its consideration of the application only upon the receipt of the Department’s comments or waiver of that right as demonstrated by the filing of a copy of the return receipt with the Board. Noncompliance with this section shall be grounds to appeal pursuant to s. 333.08, Florida Statutes, and to apply for judicial relief pursuant to s. 333.11. Such variances may only be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and where the relief granted would not be contrary to the public interest but would do substantial justice and be in accordance with the spirit of the regulations and Chapter 333. However, any variance may be allowed subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes of these regulations and chapter 333.

B. The Department of shall have the authority to appeal any variance granted under this section

pursuant to s. 333.08, Florida Statutes, and to apply for judicial relief pursuant to s. 333.11.

9.04 Obstruction Marking and Lighting

When issuing a In granting any Permit or variance under this Section 9.01, the Local Government or Board of Adjustment shall require the owner of the obstruction structure or tree in question to

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install, operate, and maintain thereon, at the owner’s his or her own expense, such marking and lighting in conformance with the specific standards established by the Federal Aviation Administration may be necessary to indicate to aircraft pilots the presence of an obstruction.

A. Such marking and lighting shall conform to the specific standards established by rule by the Department.

B. Existing structures that were not in compliance on October 1, 1988, shall be required to comply whenever the existing marking requires refurbishment, whenever the existing lighting requires replacement by January 23, 2016, whichever occurs first.

SECTION 10 APPEALS

10.01 Any A person aggrieved by any that contends a decision of made by an administrative official or governing body of the Local Government made in its administration of these airport zoning regulations; or by the Airport Authority, or the Department, which is of the opinion that such decision is an improper application of these airport zoning regulations of concern to such aggrieved party, may appeal to the Board of Adjustment authorized to hear and decide appeals from such decision using the process established for an appeal.

10.02 All appeals taken under this section must be taken within a reasonable time, as provided by the rules

of the Board of Adjustment, by filing with the administrative official or governmental entity from whom the appeal is taken and with the Board, a notice of appeal specifying the grounds thereof. The administrative official or governmental entity from which the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken, or properly certified copies thereof in lieu of originals, as the official involved may elect.

10.03. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the official

from which the appeal is taken certifies to the board pursuant to the rules for appeal, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the opinion of the official, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by an order of the Board of Adjustment on notice to the agency from which the appeal is taken and on due cause shown.

10.04. The Board of Adjustment shall fix a reasonable time for the hearing of appeals, give public notice

and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

10.05. The Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm

wholly or partly, or modify, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative official from which the appeal is taken.

SECTION 11 JUDICIAL REVIEW 11.01. A Any person, political subdivision, affected by a decision of a political subdivision or its

administrative agency aggrieved by any decision of a Board of Adjustment, or the applicable Local Government, the Department, the Airport Authority, or of any administrative official hereunder, may apply for judicial relief to the circuit court in the judicial circuit where the political subdivision Board of Adjustment is located within 30 days after rendition of the decision by the Board of Adjustment.

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Review shall be by petition for writ of certiorari, which shall be governed by the Florida Rules of Appellate Procedure.

A. Upon presentation of such petition to the court, it may allow a writ of certiorari, directed to the

Board of Adjustment, to review such decision of the board. The allowance of the writ shall not stay the proceedings upon the decision appealed from, but the court may, on application, on notice to the board, on due hearing and due cause shown, grant a restraining order.

B. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

11.02. The court has shall have exclusive jurisdiction to affirm, reverse, or modify, or set aside the decision on the permit or other determination from which the appeal is taken and if appropriate brought up for review, in whole or in part, and if need be, to order further proceedings by the political subdivision or its administrative agency board of adjustment. The findings of fact by the political subdivision or its administrative agency board, if supported by substantial evidence, shall be accepted by the court as conclusive, and an no objection to a decision of the political subdivision or its administrative agency Board of Adjustment shall be considered by the court unless such objection was raised in the underlying proceeding shall have been urged before the Board of Adjustment, or, if it was not so urged, unless there were reasonable grounds for failure to do so.

11.03. In any case in which airport zoning regulations, although generally reasonable, are held by a court to

interfere with the use and enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the State Constitution or the Constitution of the United States, such holding shall not affect the application of such regulations to other structures and parcels of land, or such regulations as are not involved in the particular decision.

11.04. A judicial No appeal to any court may not shall be or is permitted under this section until the

appellant has exhausted all of its remedies through application for Local Government permits, exceptions, and appeals to any courts, as herein provided, save and except an appeal from a decision of the Board of Adjustment, the appeal herein provided being from such final decision of such board only, the appellant being hereby required to exhaust his or her remedies hereunder of application for permits, exceptions and variances, and appeal to the board of adjustment, and gaining a determination by said board, before being permitted to appeal to the court hereunder.

SECTION 12 ACQUISITION OF AIR RIGHTS If a nonconforming obstruction is determined to be an airport hazard and the owner will not

remove, lower, or otherwise eliminate it; if the approach protection necessary cannot, because of constitutional limitations, be provided by airport regulations under this chapter; or if it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the Airport Authority or the Local Government within which the property or nonconforming obstruction is located, may acquire by purchase, grant, or condemnation in the manner provided by Chapter 73, such property, air right, avigation easement, or other estate, portion, or interest in the property or nonconforming obstruction air above property as may be necessary to effectuate the purposes of this chapter, and, if by condemnation, may take immediate possession of the property, interest in property, air right, or other right sought to be condemned, at the time, in the manner and form, and as authorized by Chapter 74. If the Airport Authority or Local Government acquires interest therein by purchase or by the power of eminent domain, it shall, in addition to the damages for the taking, injury, or destruction of property, pay the

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cost of the removal and relocation of any structure or any public utility that must be moved to a new location.

SECTION 13 ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO AFFECTED LOCAL GOVERNMENTS

The Airport Authority has heretofore prepared an airport master plan. Hereafter, when either requesting from or submitting to a state or federal governmental agency with funding or approval jurisdiction a “finding of no significant impact,” an environmental assessment, a site-selection study, or any amendment to the airport master plan, the Airport Authority shall submit simultaneously a copy of said request, submittal, assessment, study, plan, or amendments by certified mail to Manatee County, Sarasota County, and the City of Sarasota, and the Town of Longboat Key.

SECTION 14 ENFORCEMENT AND REMEDIES 14.01. A violation of this chapter or any airport zoning regulations, orders, or rulings adopted or made

under this chapter is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and each day a violation continues to exist constitutes a separate offense.

14.02 In addition, The the Local Government or Airport Authority may institute in any court of competent

jurisdiction an action to prevent, restrain, correct, or abate any a violation of these any airport zoning regulations or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case in order to fully effectuate the purposes of this chapter and of the regulations adopted and orders and rulings made pursuant thereto.

14.03 The Department may institute a civil action for injunctive relief in the appropriate circuit court to

prevent violation of any provision of these airport zoning regulations. SECTION 15 CONFLICTING REGULATIONS

Where there exists a conflict between any of the regulations or the limitations prescribed in these regulations and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees vegetation, and the use of land, or any other matter, and whether such regulations were adopted by the political subdivision that adopted the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail.

SECTION 16 SEVERABILITY

If any of the provisions of these regulations or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application, and to this end, the provisions of these regulations are declared to be severable.

SECTION 17 EFFECTIVE DATE

These regulations shall be in full force and effect from and after their passage by the Sarasota Manatee Airport Authority and publication and posting as required by law. 1511936.v7

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SECTION 333.03(2), FLORIDA STATUTE: LANDFILL LOCATION CONSIDERATIONS; NO CLOSER THAN 10,000FT or 5,000FT FROM RUNWAYS, DEPENDANT ON A/C TYPE USE, OR w/o LATERAL LIMITS OF PART 77 SURFACES.
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SECTION 333.03(3), FLORIDA STATUTE AND FAA REGULATIONS: DEVELOPMENT SHOULD BE OUTSIDE RPZ (RUNWAY PROTECTION ZONE).
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10/28/10
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SMAA ENGINEERING
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www.srq-airport.com
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6000 AIRPORT CIR., SARASOTA, FL 34243
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SARASOTA MANATEE AIRPORT AUTHORITY
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PLOTTED: 3/10/2017 9:52:40 AM; || BY: Rob Walker; || DWG To PDF.pc3; ANSI expand A (11.00 x 8.50 Inches); SMAA_FULL-LRG-3.stb; Dwg-PDF_Arch-E_Ansi-A_FIT ;Scale: 1" = .376' ||LOTab: LO2_ALL-ZONING_ARCH-E (FIT-ANSI-A) ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg 3/10/2017 9:52:40 AM; || BY: Rob Walker; || DWG To PDF.pc3; ANSI expand A (11.00 x 8.50 Inches); SMAA_FULL-LRG-3.stb; Dwg-PDF_Arch-E_Ansi-A_FIT ;Scale: 1" = .376' ||LOTab: LO2_ALL-ZONING_ARCH-E (FIT-ANSI-A) ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg ; || BY: Rob Walker; || DWG To PDF.pc3; ANSI expand A (11.00 x 8.50 Inches); SMAA_FULL-LRG-3.stb; Dwg-PDF_Arch-E_Ansi-A_FIT ;Scale: 1" = .376' ||LOTab: LO2_ALL-ZONING_ARCH-E (FIT-ANSI-A) ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg Rob Walker; || DWG To PDF.pc3; ANSI expand A (11.00 x 8.50 Inches); SMAA_FULL-LRG-3.stb; Dwg-PDF_Arch-E_Ansi-A_FIT ;Scale: 1" = .376' ||LOTab: LO2_ALL-ZONING_ARCH-E (FIT-ANSI-A) ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg ; || DWG To PDF.pc3; ANSI expand A (11.00 x 8.50 Inches); SMAA_FULL-LRG-3.stb; Dwg-PDF_Arch-E_Ansi-A_FIT ;Scale: 1" = .376' ||LOTab: LO2_ALL-ZONING_ARCH-E (FIT-ANSI-A) ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg DWG To PDF.pc3; ANSI expand A (11.00 x 8.50 Inches); SMAA_FULL-LRG-3.stb; Dwg-PDF_Arch-E_Ansi-A_FIT ;Scale: 1" = .376' ||LOTab: LO2_ALL-ZONING_ARCH-E (FIT-ANSI-A) ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg ; ANSI expand A (11.00 x 8.50 Inches); SMAA_FULL-LRG-3.stb; Dwg-PDF_Arch-E_Ansi-A_FIT ;Scale: 1" = .376' ||LOTab: LO2_ALL-ZONING_ARCH-E (FIT-ANSI-A) ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg ANSI expand A (11.00 x 8.50 Inches); SMAA_FULL-LRG-3.stb; Dwg-PDF_Arch-E_Ansi-A_FIT ;Scale: 1" = .376' ||LOTab: LO2_ALL-ZONING_ARCH-E (FIT-ANSI-A) ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg ; SMAA_FULL-LRG-3.stb; Dwg-PDF_Arch-E_Ansi-A_FIT ;Scale: 1" = .376' ||LOTab: LO2_ALL-ZONING_ARCH-E (FIT-ANSI-A) ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg SMAA_FULL-LRG-3.stb; Dwg-PDF_Arch-E_Ansi-A_FIT ;Scale: 1" = .376' ||LOTab: LO2_ALL-ZONING_ARCH-E (FIT-ANSI-A) ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg ; Dwg-PDF_Arch-E_Ansi-A_FIT ;Scale: 1" = .376' ||LOTab: LO2_ALL-ZONING_ARCH-E (FIT-ANSI-A) ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg Dwg-PDF_Arch-E_Ansi-A_FIT ;Scale: 1" = .376' ||LOTab: LO2_ALL-ZONING_ARCH-E (FIT-ANSI-A) ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg ;Scale: 1" = .376' ||LOTab: LO2_ALL-ZONING_ARCH-E (FIT-ANSI-A) ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg 1" = .376' ||LOTab: LO2_ALL-ZONING_ARCH-E (FIT-ANSI-A) ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg ||LOTab: LO2_ALL-ZONING_ARCH-E (FIT-ANSI-A) ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg LO2_ALL-ZONING_ARCH-E (FIT-ANSI-A) ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg ||FILE: L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg L:\MAPS\SRQ\CompatLandUse\2017-03\Dwg\SRQCompatLandUse_2017-03_r000.dwg
AutoCAD SHX Text
NOTES: 1. SECTION TWO OF THE AIRPORT COMPATIBLE LAND USE GUIDEBOOK PROVIDES SECTION TWO OF THE AIRPORT COMPATIBLE LAND USE GUIDEBOOK PROVIDES INFORMATION ON STATUTES, REGULATIONS, AND PROCESSES RELATED TO COMPATIBLE LAND USE PLANNING FOR AIRPORTS IN FLORIDA. COMPATIBLE LAND USE AROUND AIRPORTS IN FLORIDA IS REGULATED PRIMARILY BY THE FOLLOWING STATUTES AND RULES: CHAPTER 333, F.S., AIRPORT ZONING. CHAPTER 163, PART II, F.S., GROWTH POLICY: COUNTY AND MUNICIPAL PLANNING; LAND DEVELOPMENT REGULATION. RULE 14-60, F.A.C., AIRPORT LICENSING, REGISTRATION, AND AIRSPACE PROTECTION. RULE 9J-5, F.A.C., MINIMUM CRITERIA FOR REVIEW OF LOCAL GOVERNMENT COMPREHENSIVE PLAN AND PLAN AMENDMENTS, EVALUATION AND APPRAISAL REPORTS, LAND DEVELOPMENT REGULATIONS, AND DETERMINATIONS OF COMPLIANCE. FEDERAL REGULATIONS GOVERN PRIMARILY THE HEIGHT OF OBJECTS AROUND AIRPORTS (FEDERAL AVIATION REGULATIONS TITLE 14 PART 77). LAND USE DETERMINATIONS ARE MADE ON THE STATE AND LOCAL LEVEL. SECTION ONE OF THE AIRPORT COMPATIBLE LAND USE GUIDEBOOK INCLUDES INFORMATION REGARDING FAA NOTIFICATION RELATED TO TALL STRUCTURES. 2. LAND USE APPROVAL PROCESS: LAND USE APPROVAL PROCESS: A. RUNWAY PROTECTION ZONES RUNWAY PROTECTION ZONES DETERMINE IF THE PROPOSED DEVELOPMENT IS WITHIN AN AREA DEFINED BY THE FAA AS A RUNWAY PROTECTION ZONE (RPZ), FORMERLY KNOWN AS CLEAR ZONES. THE RPZ SHOULD BE OWNED BY THE AIRPORT AND SHOULD BE CLEAR OF INCOMPATIBLE DEVELOPMENT. IF THE DEVELOPMENT COULD LEAD TO THE CONGREGATION OF PEOPLE, THE ATTRACTION OF BIRDS, OR THE EMISSION OF LIGHT, GLARE, OR SMOKE, THE DEVELOPMENT APPLICATION SHOULD BE DENIED. B. SANITARY LANDFILLS SANITARY LANDFILLS ANY SANITARY LANDFILL SHOULD BE OUTSIDE OF THE LATERAL EXTENT OF AN AIRPORT'S PART 77 SURFACES (SEE SECTION 3 OF THE AIRPORT COMPATIBLE LAND USE GUIDEBOOK FOR INFORMATION REGARDING PART 77 SURFACES). IF A RUNWAY IS USED BY PISTON-POWERED AIRCRAFT, SANITARY LANDFILLS SHOULD BE PROHIBITED IN THE AREA 5,000 FEET OUT FROM THE EDGE OF THE RUNWAY IN ALL DIRECTIONS. IF THE RUNWAY IS USED BY TURBOPROP OR JET-POWERED AIRCRAFT, SANITARY LANDFILLS SHOULD BE PROHIBITED IN THE AREA 10,000 FEET OUT FROM THE EDGE OF THE RUNWAY IN ALL DIRECTIONS. C. EDUCATIONAL FACILITIES EDUCATIONAL FACILITIES NO RESIDENTIAL CONSTRUCTION OR ANY EDUCATIONAL FACILITY AS DEFINED IN CHAPTER 1013, WITH THE EXCEPTION OF AVIATION SCHOOL FACILITIES, SHALL BE PERMITTED WITHIN THE AREA CONTIGUOUS TO THE AIRPORT DEFINED BY AN OUTER NOISE CONTOUR THAT IS CONSIDERED INCOMPATIBLE WITH THAT TYPE OF CONSTRUCTION BY 14 C.F.R. PART 150, APPENDIX A OR AN EQUIVALENT NOISE LEVEL AS ESTABLISHED BY OTHER TYPES OF NOISE STUDIES.
Page 19: AIRPORT ZONING REGULATIONS SECTION 1 TITLE, AUTHORITY ... · and 77.23, establishes standards for determining obstructions to air navigation. As the recipient of airport financial

400'

350'

400'

350'

150'

100'

50'

50'

100'

150'

50'

100'

150'

180'

180'

50'

100'

150'

180'

50'

100'

150'

180'

150'

100'

50'

50'

100'

150'

180'

3

0

0

'

3

5

0

'

3

8

0

'

2

5

0

'

2

0

0

'1

8

0

'

1

0

,

0

0

0

'

4

,

0

0

0

'

4

,

0

0

0

'

40:150:1

34:1

34:1

29

30

76

78

79

80

81

82

83

84

8589

118

119

120

121

122

14

32

4

22

T24

T23

T22

T21

HORIZONTAL

SURFACE

EL. 180'

HORIZONTAL

SURFACE

EL. 180'

RW END

EL. 26.1'

RW END

EL. 29.9'

C

O

N

I

C

A

L

S

U

R

F

A

C

E

300'

300'

REFER TO INNER PORTION OF THE

APPROACH SURFACE DRAWINGS

FOR CLOSE-IN OBSTRUCTIONS

3

8

0

'

3

5

0

'

3

0

0

'

2

5

0

'

2

0

0

'

1

8

0

'

180'

150'

100'

50'

50:140:1

T20

T17

REFER TO INNER PORTION OF THE

APPROACH SURFACE DRAWINGS

FOR CLOSE-IN OBSTRUCTIONS

200'

-200'

4,000'6,000'8,000'10,000'12,000'14,000'16,000'18,000'

400'

600'

0

14

2,000'

800'

0

200'

-200'

4,000' 6,000' 8,000' 10,000' 12,000' 14,000' 16,000'

400'

600'

2,000'

800'

0

32

0

20:1 CONICAL SURFACE

50:1 PRECISION APPROACH SURFACE 50:1 PRECISION APPROACH SURFACE

20:1 CONICAL SURFACE

HORIZONTAL SURFACE EL. 180'

RUNWAY 14 END

EL. 26.1'

R/W 32 END

EL. 29.9'

4

0

:1

5

0

:1 5

0

:1

4

0

:1

EXISTING RUNWAY

CENTERLINE PROFILE

EXISTING RUNWAY

CENTERLINE PROFILE

Project Number:

Checked by:

Technician:

Designer:

Drawing Number:

Division:Date:

Scale:

Drawing Name:

FAA A.I.P. Project Number:

Autocad Drawing Reference:

ByDate

REVISIONS

No. Description

Project Name:

Sarasota Bradenton

International Airport

Master Plan Update

JULY, 2010 PLANNING

APN

APN

RWO

PL133057

3-12-0071-039-2006

Sarasota Manatee Airport

Authority

Sarasota, FL

srq-airport.com

CONSTRUCTION NOTICE REQUIREMENT

To protect operational safety and future

development, all proposed construction on the

airport must be coordinated by the airport

owner with the FAA Airports District Office prior

to construction. FAA's review takes

approximately 60 days.

NOTES

In association with

SCALE: 1" = 2000'

0

AIRPORT AIRSPACE

DRAWING (1 OF 4)

4

AS SHOWN

(V

ER

TIC

AL

S

CA

LE

)

SC

AL

E: 1" =

200'

0

QUAD MAP SOURCE: WWW.LABINS.ORG 9/2007

TOWER DATA TABLE

# CITY TYPE AGL AMSL LIGHTINGMARKING FAA STUDY #

PROFILE VIEW RUNWAY 14 - 32

T21 SARASOTA TOWER 141' 159' NO LIGHTSNONE 2007ASO03479OE

T22 BRADENTON TOWER 162' 177' NO LIGHTSNONE 2002ASO04660OE

T23 BRADENTON TOWER 134' 151' NO LIGHTSNONE 1999ASO02235OE

T24 BRADENTON TOWER 122'140'

NO LIGHTSNONE

1999ASO04182OE

(HORIZONTAL / PLAN SCALE)

OBSTRUCTION DATA SOURCE

NATIONAL GEODETIC SURVEY

SURVEY DATE: 01/25/2006

HORIZONTAL DATUM: NAD83

VERTICAL DATUM: NAVD88

# TYPE

OBSTRUCTION

ELEVATION

ALLOWABLE

PART 77

ELEVATION

PART 77

PENETRATION

DISPOSITION

SURFACE

AFFECTED

# TYPE

OBSTRUCTION

ELEVATION

ALLOWABLE

PART 77

ELEVATION

PART 77

PENETRATION

DISPOSITION

SURFACE

AFFECTED

PLAN VIEW RUNWAY 14 - 32

47'69'ROD ON OL GS30

34'59'ROD ON OL GS29 25'

22'

LIGHTED

LIGHTED

PRIMARY

PRIMARY

091'TREE85

-46'134'ANT ON ATCT84

041'TREE83

-15'90'FLDLT82

51'135'ROD ON ASR81

-8'43'TREE80

3'42'TREE79

7'81'

ROD ON OL

APBN

78

6'63'

ROD ON OL

POLE

76

39'

51'

84'

105'

41'

180'

91'

57'

74'

TRIM / REMOVE

NONE

LIGHTED

NONE

NONE

LIGHTED

NONE

LIGHTED

LIGHTED

TRANSITIONAL

TRANSITIONAL

TRANSITIONAL

TRANSITIONAL

TRANSITIONAL

HORIZONTAL

TRANSITIONAL

TRANSITIONAL

TRANSITIONAL

-44'82'FLDLT89 126' NONETRANSITIONAL

2'181'OL ON TANK118 179' LIGHTEDHORIZONTAL

-2'178'ROD ON OL ANT122 176' NONEHORIZONTAL

OBSTRUCTION DATA TABLE

600'

200'

100'

200'

400'

6000'2000'

1000'2000' 4000'

1. ALL ELEVATIONS SHOWN ARE ABOVE MEAN SEA

LEVEL (AMSL)

2. NEGATIVE PENETRATIONS INDICATE DISTANCE

BELOW FAR PART 77 SURFACE

3. ZONING / ORDINANCES / STATUTES

SARASOTA COUNTY CODE OF ORDINANCES,

CHAPTER 18, ARTICLE II, AIRPORT ZONING

MANATEE COUNTY CODE OF ORDINANCES,

CHAPTER 2-25, PLANNING AND DEVELOPMENT

NOTES:

NONE OF THE TOWERS SHOWN PENETRATE THE FAR PART 77 SURFACE

TOWER OBSTRUCTION DATA OBTAINED FROM THE FAA'S DIGIITAL OBSTACLE FILE (DOF)

DATED 3/9/2008

T17 SARASOTA TOWERS 3 212' 240' RED LIGHTING MARKED 1981ASO00830OE

T20 SARASOTA TOWER 156' 190' NO LIGHTS NONE 1996ASO02013OE

-24'156'ANT119 180' NONEHORIZONTAL

-2'178'ANT121 180' NONEHORIZONTAL

FAA CLEARANCE REQUIREMENTS NOTE

SECTION 77.23 OF FEDERAL AVIATION REGULATIONS

(FAR) PART 77 SPECIFIES CLEARANCE

REQUIREMENTS FOR ROADS, RAILROADS, AND

WATERWAYS AS FOLLOWS:

1) SEVENTEEN FEET FOR AN INTERSTATE HIGHWAY

THAT IS PART OF THE NATIONAL SYSTEM OF

MILITARY AND INTERSTATE HIGHWAYS WHERE

OVERCROSSINGS ARE DESIGNED FOR A MINIMUM OF

17 FEET VERTICAL DISTANCE.

2) FIFTEEN FEET FOR ANY OTHER PUBLIC ROADWAY.

3) TEN FEET OR THE HEIGHT OF THE HIGHEST MOBILE

OBJECT THAT WOULD NORMALLY TRAVERSE THE

ROAD, WHICHEVER IS GREATER, FOR A PRIVATE

ROAD.

4) TWENTY-THREE FEET FOR A RAILROAD, AND,

5) FOR A WATERWAY OR ANY OTHER TRAVERSE WAY

NOT PREVIOUSLY MENTIONED, AN AMOUNT EQUAL

TO THE HEIGHT OF THE HIGHEST MOBILE OBJECT

THAT WOULD NORMALLY TRAVERSE IT.

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Appendix "B"
Page 20: AIRPORT ZONING REGULATIONS SECTION 1 TITLE, AUTHORITY ... · and 77.23, establishes standards for determining obstructions to air navigation. As the recipient of airport financial

JO 7400.2K 4/3/14

6 3 10 Identifying/Evaluating Aeronautical Effect

FIG 6 3 7

PART 77, APPROACH SURFACE DATA

3/15/077110.65R CHG 2JO 7400.2K CHG 1 7/24/14Appendix "C"

Page 21: AIRPORT ZONING REGULATIONS SECTION 1 TITLE, AUTHORITY ... · and 77.23, establishes standards for determining obstructions to air navigation. As the recipient of airport financial

JO 7400.2J 2/9/12

6 3 6 Identifying/Evaluating Aeronautical Effect

FIG 6 3 3CIVILIAN AIRPORT IMAGINARY SURFACES

Isometric View of Section A ­ A

Appendix "C"

Note: THIS SHEET IS FOR VISUAL EXAMPLE OF IMAGINARY SURFACES ONLY ! ! ! This sheet superseded by Appendix "C", Fig. 6-3-7, Date: 7/14/14; PART77, Approach Surface Data; FAA JO 7400.2K

DO NOT ! use values from this table, Refer to Appendix "C", Fig. 6-3-7, Date: 7/14/14.

Page 22: AIRPORT ZONING REGULATIONS SECTION 1 TITLE, AUTHORITY ... · and 77.23, establishes standards for determining obstructions to air navigation. As the recipient of airport financial
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Appendix "D"
Page 23: AIRPORT ZONING REGULATIONS SECTION 1 TITLE, AUTHORITY ... · and 77.23, establishes standards for determining obstructions to air navigation. As the recipient of airport financial

Appendix E

TABLE 1—LAND USE COMPATIBILITY* WITH YEARLY DAY-NIGHT AVERAGE SOUND LEVELS

Land use

Yearly day-night average sound level (Ldn) in decibels

Below 65 65-70 70-75 75-80 80-85 Over 85

RESIDENTIAL

Residential, other than mobile homes and transient lodgings

Y N(1) N(1) N N N

Mobile home parks Y N N N N N

Transient lodgings Y N(1) N(1) N(1) N N

PUBLIC USE

Schools Y N(1) N(1) N N N

Hospitals and nursing homes Y 25 30 N N N

Churches, auditoriums, and concert halls Y 25 30 N N N

Governmental services Y Y 25 30 N N

Transportation Y Y Y(2) Y(3) Y(4) Y(4)

Parking Y Y Y(2) Y(3) Y(4) N

COMMERCIAL USE

Offices, business and professional Y Y 25 30 N N

Wholesale and retail—building materials, hardware and farm equipment

Y Y Y(2) Y(3) Y(4) N

Retail trade—general Y Y 25 30 N N

Utilities Y Y Y(2) Y(3) Y(4) N

Communication Y Y 25 30 N N

MANUFACTURING AND PRODUCTION

Manufacturing, general Y Y Y(2) Y(3) Y(4) N

Photographic and optical Y Y 25 30 N N

Agriculture (except livestock) and forestry Y Y(6) Y(7) Y(8) Y(8) Y(8)

Livestock farming and breeding Y Y(6) Y(7) N N N

Mining and fishing, resource production and extraction Y Y Y Y Y Y

RECREATIONAL

Outdoor sports arenas and spectator sports Y Y(5) Y(5) N N N

Outdoor music shells, amphitheaters Y N N N N N

Nature exhibits and zoos Y Y N N N N

Amusements, parks, resorts and camps Y Y Y N N N

Golf courses, riding stables and water recreation Y Y 25 30 N N

Page 24: AIRPORT ZONING REGULATIONS SECTION 1 TITLE, AUTHORITY ... · and 77.23, establishes standards for determining obstructions to air navigation. As the recipient of airport financial

Appendix E

Numbers in parentheses refer to notes.

*The designations contained in this table do not constitute a Federal determination that any use of land covered by the program is acceptable or unacceptable under Federal, State, or local law. The

responsibility for determining the acceptable and permissible land uses and the relationship between specific properties and specific noise contours rests with the local authorities. FAA determinations under

part 150 are not intended to substitute federally determined land uses for those determined to be appropriate by local authorities in response to locally determined needs and values in achieving noise

compatible land uses.

KEY TO TABLE 1

SLUCM = Standard Land Use Coding Manual.

Y (Yes) = Land Use and related structures compatible without restrictions.

N (No) = Land Use and related structures are not compatible and should be prohibited.

NLR = Noise Level Reduction (outdoor to indoor) to be achieved through incorporation of noise attenuation into the design and construction of the structure.

25, 30, or 35 = Land use and related structures generally compatible; measures to achieve NLR of 25, 30, or 35 dB must be incorporated into design and construction of structure.

NOTES FOR TABLE 1

(1) Where the community determines that residential or school uses must be allowed, measures to achieve outdoor to indoor Noise Level Reduction (NLR) of at least 25 dB and 30 dB should be incorporated into building codes and be considered in individual approvals. Normal residential

construction can be expected to provide a NLR of 20 dB, thus, the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation and

closed windows year round. However, the use of NLR criteria will not eliminate outdoor noise problems.

(2) Measures to achieve NLR 25 dB must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the

normal noise level is low.

(3) Measures to achieve NLR of 30 dB must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the

normal noise level is low.

(4) Measures to achieve NLR 35 dB must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the

normal level is low.

(5) Land use compatible provided special sound reinforcement systems are installed.

(6) Residential buildings require an NLR of 25.

(7) Residential buildings require an NLR of 30.

(8) Residential buildings not permitted.