§ 58.384. Avigation Easement and Waiver of Claims.
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An avigation easement and/or waiver of claim, consistent with Section 58.381, shall be required as a condition of development approval for certain lot-splits,
short form and long form subdivisions in Aircraft Noise Zones A, B, C, and D. The
avigation easement and/or waiver of claim shall be executed between the applicant
and the Greater Orlando Aviation Authority and delivered to the Planning and Development
Department before a building permit may be issued for a building or structure located,
or to be located, within Aircraft Noise Zones A, B, C, or D.
The Board of Zoning Adjustment or Municipal Planning Board may require the execution
and delivery of an avigation easement and/or waiver of claim as a condition of granting
variances for nonconforming construction or land uses within any of the Aircraft Noise
Zones. The land use controls, avigation easement, waiver of claim, and sound level
reduction requirements specified in this Part shall be consistent with agreements
reached between the property owner and the Greater Orlando Aviation Authority established
prior to the effective date of this ordinance revision. Adoption of this ordinance
shall in no way invalidate or modify such recorded avigation easements, or noise damage
waivers of claim.
(Ord. of 8-23-1999, § 17, Doc. #32283)
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