HomeMy WebLinkAbout17-007ORDINANCE NO. 2017-007
AN ORDINANCE AFFECTING THE USE OF LAND IN ST. LUCIE COUNTY, FLORIDA,
RELATING TO AIRPORT PROTECTION ZONING REGULATIONS BY AMENDING
SECTION 2.00.00 (DEFINITIONS), AMENDING SECTION 4.00.00 (AIRPORT
OVERLAY ZONES), SECTION 4.00.01 (GENERALLY), SECTION 4.00.02 (AIRPORT
ZONES), SECTION 4.00.03 (AIRPORT ZONE HEIGHT LIMITATIONS) AND SECTION
4.00.04 (USE RESTRICTIONS) IN ACCORDANCE WITH CHAPTER 333, FLORIDA
STATUTES (2016); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY
AND APPLICABILITY, PROVIDING FOR FILING WITH DEPARTMENT OF STATE;
PROVIDING FOR ADOPTION AND CODIFICATION AND EFFECTIVE DATE
WHEREAS, the Board of County Commissioners, St. Lucie County, Florida, has made the
following determinations:
1. Pursuant to Ch. 2016-239, Laws of Florida, the 2016 Florida Legislature adopted
amendments to Chapter 333, Florida Statutes, regarding airport zoning regulations; and,
2. Pursuant to Section 333.003, Florida Statutes, counties with airports in their
jurisdictions are required to adopt and/or amend the zoning regulations governing the zoning
and land use regarding such airports to incorporate the amendments under Ch. 2016-239; and,
3. In order to comply with the provisions of Ch. 2016-239, it is necessary to
amendment the St. Lucie County Land Development Code by amending Section 2.00.00
(Definitions), Section 4.00.00 (Airport Overlay Zones), and Section 4.00.001 (Generally), Section
4.00.02 (Airport Zones), Section 4.00.03 (Airport Zone Height Limitations)m, and Section 4.00.04
(Use Restrictions); and,
4. On May 18, 2017, the Planning and Zoning Commission held a public hearing on
the proposed ordinance after publishing a notice in the St. Lucie News Tribune at least ten (10)
days prior to the hearing and recommended that the proposed ordinance be adopted. '
5. On June 6, 2017, this Board held its first public hearing on the proposed ordinance,
after publishing a notice of such hearing in the St. Lucie News Tribune at least ten (10) days in
advance.
6. On June 20, 2017, this Board held its second public hearing on the proposed
ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least ten (10)
days in advance.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners of St. Lucie
County, Florida:
CLERK
Underlined
OF THE CIRCUIT COURT
JOSEPH E. SMITH,
Underlined words are added. SAINT LUCIECOUNTY PM
StFUGI(thF.,FILE# 432406406!27/2017 -281515 Dor ,,rth e:ORDN
words are deleted. ORBOOK4012 PAGE 2805 281
RECORDING: $95.00
PART A. The specific amendments to the St. Lucie County Land Development Code are as
follows:
CHAPTER 2. DEFINITIONS.
When used in this Code, the following terms shall have the meanings herein ascribed to
them.
Airports: The following terms are used in conjunction with Article 4.00.00 Airport Overlay
Zones.
Airport: The Treasure Coast International Airport.
Airport Elevation: The highest point of the Airport usable landing area measured in
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.
Airport Hazard Area: Any area of land or water upon which an airport hazard might
be established.
Airspace Drawings: FAA approved Airport Layout Plan Set drawings, 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 6t the
Airport.
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.
Landfill: The same meaning as provided in Section 403.703, Florida Statutes.
Noise Exposure Map (NEM): A map based on a noise study conducted pursuant to 14
C.F.R. Part 150, which depicts the contour lines for certain 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 by St. Lucie County.
Obstruction: 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 14 C.F.R. part 77, subpart C.
Runway Protection Zone: An area 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
Underlined words are added.
Stru .kthr„„„4 words are deleted.
Structure: Any object constructed, erected, altered, or installed, including, without
limitation, buildings, towers, smoke stacks, utility poles, power generation equipment, and
overhead transmission lines.
SECTION 4.00.00. AIRPORT OVERLAY ZONE
4.00.01. Generally.
A. In order to carry out the provisions of this Code, 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 St. Lucie County
International Airport.
B. Such zones are shown on the St. Lucie County International Airport Ultimate Capability
Approach Clear Zone Plan consisting of one (1) sheet dated May, 1984, which is adopted by
reference. An area located in more than one (1) of the following zones is considered to be
only in the zone with the more restrictive height limitation.
C. Except as specifically provided in Section 10.01.00_and Section 11.05.08, no material
change shall be made in the use of land, no structure shall be erected or otherwise
established, and no tree shall be planted in any airport zone hereby created unless a permit
therefore shall have,been applied for and granted.
D. Definitions specific to the Airport Overlay Zones are provided in Article 2.00.00 Definitions
"Airports".
E. In the event of conflict between any airport zoning regulations adopted under this chapter and
any other regulations applicable to the same area, whether the conflict be with respect to the
height of structures or vegetation, the use of land, or any other matter, and whether such
regulations were adopted by the County or by some other political subdivision, the more
stringent limitation or requirement shall govern and prevail
4.00.02. AoFpeFt ZGn Surfaces.
A. The various Airport Zones Surfaces are hereby established and defined as follows:
A-1.) Primary Zones. The areas longitudinally centered on each runway, extending two
hundred (200) feet beyond the end of the prepared hard landing surface of each
runway. The primary zones for runways 9L/27R, 9R/27L and 14/32 are one thousand
(1,000), one thousand (1,000) and five hundred (500) feet wide, respectively.
8, 2.) Nonprecision Instrument Approach Zones. The inner edge of the approach zones to
runway ends 27L, 27R, 14 and 32 coincide with the width of the primary surface and are
one thousand (1,000), one thousand (1,000), five hundred (500) and five hundred (500)
feet wide, respectively. The approach zones expand outward uniformly to widths of
three thousand five hundred (3,500) feet, at horizontal distances of ten thousand
3
Underlined words are added.
StF UGl.+h.9 ..1, words are deleted.
(10,000) feet from the primary surface. Their centerlines are the continuation of the
centerline of the respective runways.
C, 3.) Precision Instrument Approach Zones. The inner edge of the approach zones to runway
end 911 and 9L coincides with the width of the primary surface and are one thousand
(1,000) feet wide. The approach zones expand outward uniformly to widths of sixteen
thousand (16,000) feet at horizontal distances of fifty thousand (50,000) feet from the
primary surface. Their centerlines are the continuation of the centerline of the
respective runways.
S-: 4.) Transitional Zones. The transitional zones are the areas beneath the transitional
surfaces.
Horizontal Zone. The horizontal zone is established by swinging arcs of ten thousand
(10,000) feet for runways designated nonprecision or precision 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 any approach or
transitional zones.
6.) Conical Zone. The conical zone is established as the area that commences at the
periphery of the horizontal zone and extends outward therefrom a horizontal distance
of four thousand (4,000) feet.
4
Underlined words are added.
Qr-rL+hm ,,h words are deleted.
Figure 4.1— Civil Airport Imaginary Suraces
A - UWay Run-ayi
6 -Runways L rgerThtnVtRiV
C Vr5 1711&j!AiphTwins atrf thanV4 Mik
D bS sty NI nt,uuU,os as Lo, ax 3M }r S e
E 3 Proc qn Instrument Apptoat h Stops15, Al far knncr I0, OO
7;1 feet z, €d X I for ary or Uhtontt 261 3 tce.
Cinr✓Ar. �.,arr.t[
la C�i +vats x t A zTh4�A"e
. bAjLk I�NcAir�'i4 Ar'"rY�:+KN
MR
ISOMETRIC VIEW QE SECTION' A_A �a
Underlined words are added.
StFUG'440 ^" words are deleted.
DUMENTIGN It STANDARDS � FEET
%gSUALRQNINAYlTtSiRtiS
i. �rtE�fTRYimhu lY'1,'1:+"
f'fiEGt53flD3
Du
fTEm
t
R
A
6
A
P�TRWITUT
AY
C
A
F.t410 f",MA'ait`£ FAt IVIER
220
so
'
{
$
A4S.e'bi CA k 6A4+peA.rt
L}S1ENTION1LSTANDARDS -FEET
"SUALRU4NAYNt,Wuu
n
NSTAWMENT RUNWAY
PUC1SON
INSTR#S ACUT
R
A R
A
Ru"IWAY
D
,. - „u�u saa,vr�r. nrcwv
L200
20,000
7,0coo
tat s
('
;d"rf'th'Cd#StJi;S..SfS.it."iaiti
",ow
Sol=
Mow
E
E
A"V; I1,„ "A
2iR1
30a
241
E
A - UWay Run-ayi
6 -Runways L rgerThtnVtRiV
C Vr5 1711&j!AiphTwins atrf thanV4 Mik
D bS sty NI nt,uuU,os as Lo, ax 3M }r S e
E 3 Proc qn Instrument Apptoat h Stops15, Al far knncr I0, OO
7;1 feet z, €d X I for ary or Uhtontt 261 3 tce.
Cinr✓Ar. �.,arr.t[
la C�i +vats x t A zTh4�A"e
. bAjLk I�NcAir�'i4 Ar'"rY�:+KN
MR
ISOMETRIC VIEW QE SECTION' A_A �a
Underlined words are added.
StFUG'440 ^" words are deleted.
4.00.03. Airport Zone Height Limitations.
Except as otherwise provided in this Code, no structure shall be erected, altered, or maintained,
and no tree shall be allowed to grow in any zone created by this Code to a height in excess of
the applicable height limit herein established for such zone. Such applicable height limitations
are hereby established for each of the zones in question as follows:
A. Primary Zones. Established as the same height as the elevation of the nearest point on
the respective runway centerlines.
B. Nonprecision Instrument Approach Zones. Slope one (1) foot upward for each thirty-four
(34) feet outward beginning at the end of and at the same elevation as the primary zone
extending to a horizontal distance of ten thousand (10,000) feet along the extended
runway centerline.
C. Precision Instrument Approach Zones. Slope one (1) foot upward for each fifty (50) feet
outward beginning at the end of and at the same elevation as the primary zone
extending to a horizontal distance of thousand (10,000) feet along the extended
runway centerlines; thence slope upward one (1) foot vertically for each forty (40) foot
horizontally for an additional horizontal distance of forty thousand (40,000) feet along
the extended runway centerlines.
D. Transitional Zones. Slope one (1) foot upward for each seven (7) feet outward beginning
at the sides of and at the same elevation as the primary zone and the approach zone,
extending to one hundred seventy-four (174) feet above mean sea level. In addition to
the foregoing, there are established height limits sloping one (1) foot upward for each
seven (7) feet outward beginning at the sides of and at the same elevation as the
approach zone, extending to where they intersect the conical zone. Where the precision
instrument runway approach zone projects beyond the conical zone, there are
established height limits sloping one .(1) foot upward for each seven (7) feet outward
beginning atthe sides of and at the same elevation as the approach zone, and extending
a horizontal distance of five thousand (5,000) feet measured at ninety -degree angles to
the extended runway centerlines.
Horizontal Zone. Established at one hundred fifty (150) feet above the airport elevation
or at a height of one hundred seventy-four (174) feet above mean sea level.
Conical Zone. Slopes one (1) foot upward for each twenty (20) feet outward beginning at
the periphery of the horizontal zone one hundred fifty (150) feet above the airport
elevation extending to a height of three hundred fifty (350) feet above the airport
elevation.
Underlined words are added.
StFUG1411FOu^" words are deleted.
G. Other Areas. In addition to the height limitations imposed in sections A through F above,
no structure or obstruction will be permitted in St. Lucie County that would cause a
minimum obstruction clearance altitude, a minimum descent altitude, minimum vector
altitude or decision height to be raised or that would impose a climb gradient for any
runway departure at Treasure Coast International Airport.
4.00.04. Use Restrictions.
A. Generally. Notwithstanding any other provisions of this Code, no use may be made of land
or water within any zone established by this section in such a manner as to create electrical
interference with navigational signals or radio communication between aircraft and the
airport; result in glare in the eyes of pilots using the airport; impair visibility in the vicinity
of the airport; operate or install lights which are misleading or dangerous to aircraft
operation; 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.
B. Prohibited Uses. Except as otherwise provided herein, the following land uses, structures or
activities shall be prohibited:
1.)Any sanitary landfill:
a. located within 10,000 feet from the nearest point of any runway used or planned
to be used by turbine aircraft at the Airport;
b. within 5,000 feet from the nearest point of any runway used only by nonturbine
aircraft;
C. outside the perimeters defined in subparagraphs a. and b., but still within the
lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. s. 77.79;
d. 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
e. 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 incorporate bird management techniques or other.practices to minimize
bird hazards to airborne aircraft.
2.) Restricting new incompatible uses, activities, or substantial modifications to existing
incompatible uses within the Airport's Runway Protection Zones.
3.) Non -compatible land uses, within the boundaries established in the airport's, which is
derived from the St. Lucie County International Airport Master Plan Update: 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.
7
Underlined words are added.
Stirurekthreugh words are deleted.
4.) Residential construction and any educational facility facilities as defined in Chapter
1013, Florida Statutes, within the area contiguous to the Airport defined by the outer noise
contour depicted on the Airport Noise Exposure Map that is considered incompatible with
that type of construction with the exception of an aviation school facility. Provided,
however, that this restriction shall not require the removal, alteration, sound conditioning,
or other change to, or interfere with the continued use or adjacent expansion of any
educational facility or site in existence on July 1, 1993.
5.)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.
6.)Any use of high energy beam devices where the energy transmission is not ful
contained in a building or some type of absorbing or masking vessel.
7.)Any activity that produces interference with navigational signals or radio
communication between aircraft, the Airport, or an air traffic control facility.
C. Permits Required
1.) Permits shall be reauired from the FAA. FDOT-Central Aviation Division. and St.
Lucie County, as may be applicable, for the following activities. Applications for development
or redevelopment shall be provided to FDOT-Central Aviation Office within 15 days of receipt
by the County and may be submitted via the following: DOTAirportZoning@dot.state.fl.us
a. 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
must apply for a permit. A permit may not be issued if it would allow the establishment or
creation of an airport hazard or if it would permit a nonconforming obstruction to become a
greater hazard to air navigation than it was when the applicable airport protection zoning
regulation was adopted which allowed the establishment or creation of the obstruction, orthan
it is when the application for a permit is made.
b. 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. 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. If it is determined that a nonconforming obstruction has been abandoned or is more
than 80 percent torn down, destroyed, deteriorated, or decayed, a permit may not be granted
if it would allow the obstruction to exceed the applicable height limit or otherwise deviate from
8
Underlined words are added.
c+.--,..k+hre .,4 words are deleted.
the airport protection zoning regulations. Whether or not an application is made for a permit
under this subsection, the owner of the nonconforming obstruction may be required, at his or
her own expense, to lower, remove, reconstruct, alter, or equip such obstruction as may be
necessary to conform to the current airport protection zoning regulations. If the owner of the
nonconforming obstruction neglects or refuses to comply with such requirement for 10 days
after notice, the administrative agency including but not limited to FAA and or FDOT may report
the violation to the St Lucie County, as applicable.
d. Owner(s) of the obstruction shall be required to install, operate, and maintain thereon,
at -his or her own expense, marking and lighting in conformance with the specific standards
established by the Federal Aviation Administration.
2.) Consideration of Issuing Permits. The following items shall be taken into consideration
by the St. Lucie County Planning and Zoning Commission and the Board of County
Commissioners during the review, including subsequent approval and or denial, of any permits
within the Airport Overlay Zone.
a.The Board of County Commissioners may defer review and approval or denial pending
information from the Applicant and recommendation from FDOT and or FAA, as may be
applicable.
L The safety of persons on the ground and in the air.
H. The safe and efficient use of navigable airspace.
iiia The nature of the terrain and height of existing structures.
iv. 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.
V. The character of existing and planned flight operations and developments at
public -use airports.
vi. Federal airways, visual flight rules, flyways and corridors, and instrument
approaches as designated by the Federal Aviation Administration.
vii. The effect of the construction or alteration of the proposed structure on the
minimum descent altitude or the decision height at the affected airport.
viii. The cumulative effects on navigable airspace of all existing structures and all
other\known proposed structures in the area.
ix. Additional requirements as may be adopted within these "•regulations pertinent
to evaluation and protection of airspace and airport open;tions.
X. Applications for permits shall be granted, provided the matter applied for meets
the provisions of these airport zoning regulations and regu;ations of St. Lucie
County and Chapter 333, Florida Statutes.
Underlined words are added.
Qtrureldh.-eug words are deleted.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie
County, County ordinances and County resolutions, or parts thereof, in conflict with this
ordinance are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART E. CODIFICATION.
It is the intention of the Board of County Commissioners, and it is hereby ordained that
the provisions of this Ordinance shall become and be made a part of the Code of the County of
St. Lucie, Florida; that the Sections of this Ordinance may be renumbered or re -lettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section' or other
appropriate word.
PART F. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the
Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida
32304.
PART G. EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PART H. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
10
Underlined words are added.
StFUGI(th a .,h words are deleted.
Commissioner Chris Dzadovsky, Chairman
Commissioner Tod Mowery, Vice Chairman
Commissioner Linda Bartz
Commissioner Frannie Hutchinson
Commissioner Cathy Townsend
PASSED AND DULY ADOPTED this 20th day of June, 2017.
ATTEST:
Deputy Clerk
11
Underlined words are added.
StFUGI(thFeUg4 words are deleted.
AYE
AYE
AYE
AYE
AYE
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COU FLOR
BY:
Chair an
APPROVED TO FORM AND
CORRECTNESS - „ „ n
BY:
County
RICK SCOTT KEN DETZNER
Governor Secretary of State
June 27, 2017
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Melissa Upton
Dear Mr. Smith:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 2017-007, which was filed in this office on June 27,
2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us