§ 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)