§ 58.1220. Approval or Disapproval of Airport Height Zoning Permit Application.

a)

Criteria. In determining whether to issue or deny an Airport Height Zoning Permit, the City must consider:

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 of an obstruction on the state licensing standards for a public-use airport contained in Chapter 330, Florida Statutes, 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 FAA;

7.

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

8.

The cumulative effect on navigable airspace of all existing obstructions and all known proposed obstructions in the area.

b)

Approval. A permit application for the construction or alteration of an obstruction may not be approved unless the applicant submits documentation showing both compliance with the federal requirement for notification of proposed construction or alteration and a valid aeronautical study, as defined in 14 CFR Part 77. A permit may not be approved solely on the basis that the FAA determined that such proposed structure or object of natural growth will not exceed federal obstruction standards and was not an airport hazard, as contained in 14 CFR Part 77, or any other federal aviation regulation(s). Upon consideration of the above requirements and if the FAA has issued a determination that the proposed structure will not constitute an airspace hazard and the applicant has established by clear and convincing evidence provided to the Airport Zoning Director that the proposed structure or object of natural growth will not exceed the height limits established for the airspace surfaces or standards set forth herein and will not otherwise constitute an airspace hazard, the Airport Zoning Director may approve an application for an airport height zoning permit. In the event of approval, the permit will be issued within fourteen (14) business days. No airport zoning height permit will be issued after the expiration date indicated on the FAA's final determination. Each airport height zoning permit will specify an expiration date as a condition. Development authorized by the permit must commence prior to the permit's expiration date and must continue without interruption in good faith until development is complete; otherwise it will lapse. After a permit has been issued, no change, modification, alteration or deviation may be made from the terms or conditions of the permit without first obtaining a modification of the permit. A modification may be applied for in the same manner as the original permit.

c)

Disapproval. The Airport Zoning Director will not approve an application for an airport height zoning permit if the FAA has issued a determination that the proposed structure would constitute an airspace hazard or the Airport Zoning Director has determined that the proposed structure or object of natural growth would exceed the height limits established for the airspace surfaces or standards herein, or otherwise would constitute an airspace hazard.

(Ord. No. 2017-48, § 5, 8-8-2017, Doc. #1708081202)