CCPC Agenda 08/07/2019 S
Collier County Planning Commission Page 1 Printed 7/23/2019
COLLIER COUNTY
Collier County Planning Commission
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
August 7, 2019
5: 05 PM
Mark Strain - Chairman
Karen Homiak - Vice-Chair
Edwin Fryer - Secretary
Patrick Dearborn
Karl Fry
Stan Chrzanowski, Environmental
Joseph Schmitt, Environmental
Thomas Eastman, Collier County School Board
Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak
on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on
an item if so recognized by the chairman. Persons wishing to have written or graphic materials
included in the CCPC agenda packets must submit said material a minimum of 10 days prior to
the respective public hearing. In any case, written materials intended to be considered by the
CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the
public hearing. All material used in presentations before the CCPC will become a permanent part
of the record and will be available for presentation to the Board of County Commissioners if
applicable.
Any person who decides to appeal a decision of the CCPC will need a record of the proceedings
pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
August 2019
Collier County Planning Commission Page 2 Printed 7/23/2019
1. Pledge of Allegiance
2. Roll Call by Secretary
3. Addenda to the Agenda
4. Public Hearings
A. Advertised
1. An Ordinance of the Board of County Commissioners of Collier County, Florida,
Amending Ordinance Number 04-41, as amended, the Collier County Land
Development Code, which includes the comprehensive land regulations for the
unincorporated area of Collier County, Florida, to amend the Airport Zoning Maps
for Naples Municipal Airport, Marco Island Executive Airport, Everglades Airpark,
and Immokalee Airport; to add a review process for airspace obstructions; to add
airport land use restrictions; to allow additional pricing signage for facilities with
fuel pumps and allow electronic message boards for price signage; by providing for:
Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of
Amendments to the Land Development Code, more specifically amending the
following: Chapter Two – Zoning Districts and Uses, including Section 2.03.07
Overlay Zoning Districts, Chapter Four – Site Design and Development Standards,
including Section 4.02.06 Standards for Development in Airport Zones, Chapter
Five – Supplemental Standards, including Section 5.05.05 Facilities with Fuel
Pumps, Section 5.06.00 Sign Regulations and Standards by Land Use Classification,
Section 5.06.06 Prohibited Signs, and Appendix D Airport Zoning; Section Four,
Conflict and Severability; Section Five, Inclusion in the Collier County Land
Development Code; and Section Six, Effective Date. [Coordinator: Ellen Summers,
Senior Planner]
B. Noticed
5. Public Comment
6. Adjourn
08/07/2019
COLLIER COUNTY
Collier County Planning Commission
Item Number: 4.A.1
Item Summary: An Ordinance of the Board of County Commissioners of Collier County, Florida,
Amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to
amend the Airport Zoning Maps for Naples Municipal Airport, Marco Island Executive Airport,
Everglades Airpark, and Immokalee Airport; to add a review process for airspace obstructions; to add
airport land use restrictions; to allow additional pricing signage for facilities with fuel pumps and allow
electronic message boards for price signage; by providing for: Section One, Recitals; Section Two,
Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more
specifically amending the following: Chapter Two – Zoning Districts and Uses, including Section 2.03.07
Overlay Zoning Districts, Chapter Four – Site Design and Development Standards, including Section
4.02.06 Standards for Development in Airport Zones, Chapter Five – Supplemental Standards, including
Section 5.05.05 Facilities with Fuel Pumps, Section 5.06.00 Sign Regulations and Standards by Land Use
Classification, Section 5.06.06 Prohibited Signs, and Appendix D Airport Zoning; Section Four, Conflict
and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six,
Effective Date. [Coordinator: Ellen Summers, Senior Planner]
Meeting Date: 08/07/2019
Prepared by:
Title: Planner – Zoning
Name: Ellen Summers
07/16/2019 3:29 PM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
07/16/2019 3:29 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Judy Puig Review item Completed 07/16/2019 3:44 PM
Zoning Michael Bosi Review item Completed 07/18/2019 4:42 PM
Zoning Ray Bellows Review Item Completed 07/18/2019 4:57 PM
Zoning Jeremy Frantz Additional Reviewer Completed 07/22/2019 12:14 PM
Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 07/22/2019 1:35 PM
Zoning Camden Smith Review Item Completed 07/22/2019 4:47 PM
Growth Management Department James C French Review Item Completed 07/22/2019 4:54 PM
Zoning Michael Bosi Review Item Completed 07/23/2019 1:49 PM
Planning Commission Mark Strain Meeting Pending 08/07/2019 5:05 PM
4.A.1
Packet Pg. 3
Memorandum
To: Collier County Planning Commission (CCPC)
From: Jeremy Frantz, LDC Manager
Date: July 15, 2019
Re: Gas Station Signs LDC Amendment (PL20180003669)
On May 16, 2019, the CCPC made a recommendation of approval to the Board regarding the LDC
amendment to sections 5.05.05, 5.06.00, and 5.06.06 for gas station signs.
Prior to bringing the amendment to the Board, Staff has made additional changes related to the
potential for adding an Electronic Message Board on Directory Signs. Since this is a substantive
change, an additional review by the CCPC, and updated recommendation to the Board is needed.
All language that has been changed after the May 16 hearing has been highlighted in the
amendment.
Please contact us if you have any questions.
Sincerely,
Jeremy Frantz, AICP
JeremyFrantz@colliergov.net
(239) 252-2305
4.A.1.a
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20180003669
SUMMARY OF AMENDMENT
This amendment modifies standards for ground signs for facilities with fuel
pumps.
LDC SECTION TO BE AMENDED
5.05.05 Facilities with Fuel Pumps
5.06.00 Sign Regulations and Standards by Land Use Classification
5.06.06 Prohibited Signs
ORIGIN
Growth Management
Department (GMD)
HEARING DATES
BCC TBD
CCPC 08/07/2019
05/16/2019
03/07/2019
02/07/2019
DSAC 02/06/2019
DSAC-LDR 12/18/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
Approval
CCPC
TBD
BACKGROUND
On December 11, 2018, the Board of County Commissioners (Board) directed staff to draft an ordinance to address
signage visibility for facilities with fuel pumps (See Exhibit A).
Section 553.79(20)(a)2 of the Florida Statutes, was recently amended to prohibit any requirement on gasoline
pricing signs that, “prevents the sign from being clearly visible and legible to drivers of approaching motor
vehicles from…any lane of traffic...” (See Exhibit B).
In coordination with local developers of facilities with fuel pumps, Staff has developed alternative standards for
signs at facilities with fuel pumps which are consistent with Section 553.79(20)(a)2 of the Florida Statutes. The
attached LDC amendment proposes the following changes to current standards for fuel pricing signs only:
• One ground or pole sign is permitted for each site with a maximum of two signs for corner lots, instead
of only one ground sign per site.
• A maximum sign height of 12 feet instead of 8 feet.
• Each such sign may include an “Electronic Message Board” (EMB) only for advertising fuel prices. These
EMBs are subject to limitations on the movement of images, brightness, resolution, and other design
standards and which are allowed on arterial and collector roadways.
• Allows EMBs on directory signs only through the variance, or PUD or SRA deviation processes.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
The proposed LDC amendment may be deemed
consistent with the GMP. -DW
EXHIBITS: A) Executive Summary Providing Board Direction, and B) F.S. 553.79(20)
4.A.1.b
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Amend the LDC as follows:
5.05.05 - Facilities with Fuel Pumps 1
2
* * * * * * * * * * * * * 3
4
C. Building architecture, site design, lighting, and signage requirements. 5
6
* * * * * * * * * * * * * 7
8
4. Signage for facilities with fuel pumps. The following are the only signs allowed in 9
facilities with fuel pumps and convenience stores with fuel pumps. 10
11
a. Window, Wall, and other signs: As allowed in LDC section 5.06.00. 12
13
b. An illuminated corporate logo with a maximum area of 12 square feet shall 14
be allowed on a canopy face which is adjacent to a dedicated street or 15
highway. Otherwise accent lighting and back lighting are prohibited on 16
canopy structures. Color accent banding on canopies may be approved as 17
established in LDC section 5.05.05 C.1.b.iv.(b), above. 18
19
c. One ground sign shall be permitted for each site and shall be placed within 20
a 200 square foot landscaped area. Height is limited so that the top edge 21
of the sign face is less than eight feet above grade. Maximum permitted 22
area is 60 square feet. Said sign shall be consistent with the color scheme 23
and architectural design of the principal structure. 24
25
c. One ground or pole sign that advertises the retail price of fuel in accordance 26
with Section 553.79(20)(a)2., F.S. shall be permitted for each site. 27
However, a maximum of two ground signs, two pole signs or one ground 28
and one pole sign shall be permitted for corner lots. The maximum sign 29
copy area is 60 square feet. The sign must maintain a minimum setback 30
of 10 feet from any property line or road right -of-way. A minimum of a 31
200 square foot landscaped area shall be provided around the base of 32
the sign. The sign structure shall be consistent with the color scheme and 33
architectural design of the principal structure. The maximum height 34
established below shall be measured from the average elevation of the 35
vehicle use area to the uppermost portion of the sign structure. 36
37
i. One fuel pricing ground or pole sign will be permitted on a frontage 38
of a parcel that abuts an arterial or collector road right -of-way. The 39
maximum height is limited to twelve feet. An electronic message 40
board (EMB) may be part of the sign area, subject to the standards 41
in 5.05.05 C.4.c.iii. 42
43
ii. One fuel pricing ground sign will be permitted on a frontage of a 44
parcel that abuts a road right-of-way other than an arterial or 45
collector road right-of-way. The maximum height is limited to eight 46
feet. An electronic message board is prohibited as part of the sign. 47
48
4.A.1.b
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iii. If an electronic message board (EMB) is used as allowed in 1
5.05.05 C.4.c.i., each of the following apply: 2
3
a) The EMB is limited to fuel prices only. 4
5
b) Changes to the EMB shall occur instantaneously. The EMB 6
shall remain static without scroll, fade, flash, zoom, 7
sparkle, color change, or any illusion of movement. 8
9
c) Such signs shall be constructed with a photocell to 10
compensate for all conditions, day or nighttime hours, and 11
shall adjust the display's brightness to a level that is not in 12
excess of 0.3 foot-candles above ambient light levels, as 13
measured from the most restrictive of the nearest abutting 14
property line or a distance equal to the square root of [the 15
EMB sign copy area multiplied by 100]. 16
17
d) Exposed lamps, bulbs, or LEDs that are not covered by a 18
lens, filter, or sunscreen are prohibited. 19
20
e) EMBs for fuel pricing will be allowed on directory signs only 21
through a variance, or PUD or SRA deviation. 22
23
d. Signage is prohibited above fuel pumps. 24
25
* * * * * * * * * * * * * 26
27
5.06.00 - SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 28
29
A. Definitions. The definitions of the following terms shall apply to the requirements of the 30
Land Development Code, in particular this section 5.06.00, to be known as the "Collier 31
County Sign Code." 32
33
Activated sign: Any sign which contains or uses for illumination any light, lighting 34
device, or lights which change color, flash, or alternate; or change appearance of said sign 35
or any part thereof automatically; any sign which contains moving parts as part of its 36
normal operation, such as rotating signs, shall be considered an activated sign. 37
38
Animated/Activated sign: A sign depicting or involving action, motion, through 39
electrical or mechanical means. 40
41
* * * * * * * * * * * * * 42
5.06.06 - Prohibited Signs 43
44
A. Prohibited. Any sign not specifically permitted by this sign code shall be prohibited. 45
46
* * * * * * * * * * * * * 47
48
6. Animated signs /activated or Activated signs. Except see Section 5.05.05 C.4 for 49
fuel pricing signs when located along an arterial or collector road right-of-way. 50
4.A.1.b
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7. Clear or uncovered neon and exposed LED signs. Except see Section 5.05.05 C.4 2
for fuel pricing signs when located along an arterial or collector road right-of-way. 3
4
# # # # # # # # # # # # #5
4.A.1.b
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Exhibit A – Executive Summary Providing Board Direction
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4.A.1.b
Packet Pg. 9 Attachment: PL20180003669 Gas Station Signs LDC Amendment 7-15-19 (9605 : LDC Amendments - Airport Zoning and Gas Station Signs)
Exhibit A – Executive Summary Providing Board Direction
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4.A.1.b
Packet Pg. 10 Attachment: PL20180003669 Gas Station Signs LDC Amendment 7-15-19 (9605 : LDC Amendments - Airport Zoning and Gas Station Signs)
Exhibit B – F.S. 553.79(20)
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553.79 Permits; applications; issuance; inspections.
* * * * * * * * * * * * *
(20)(a) A political subdivision of this state may not adopt or enforce any ordinance or impose
any building permit or other development order requirement that:
1. Contains any building, construction, or aesthetic requirement or condition that conflicts with
or impairs corporate trademarks, service marks, trade dress, logos, color patterns, design scheme
insignia, image standards, or other features of corporate branding identity on real property or
improvements thereon used in activities conducted under chapter 526 or in carrying out business
activities defined as a franchise by Federal Trade Commission regulations in 16 C.F.R. ss. 436.1,
et. seq.; or
2. Imposes any requirement on the design, construction, or location of signage advertising the
retail price of gasoline in accordance with the requirements of ss. 526.111 and 526.121 which
prevents the signage from being clearly visible and legible to drivers of approaching motor
vehicles from a vantage point on any lane of traffic in either direction on a roadway abutting the
gas station premises and meets height, width, and spacing standards for Series C, D, or E signs, as
applicable, published in the latest edition of Standard Alphabets for Highway Signs published by
the United States Department of Commerce, Bureau of Public Roads, Office of Highway Safety.
(b) This subsection does not affect any requirement for design and construction in the Florida
Building Code.
(c) All such ordinances and requirements are hereby preempted and superseded by general law.
This subsection shall apply retroactively.
(d) This subsection does not apply to property located in a designated historic district.
Link:
http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=
&URL=0500-0599/0553/Sections/0553.79.html
4.A.1.b
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20180001993
SUMMARY
This amendment proposes a new review process for airspace obstructions
within Collier County and proposes new compatibility regulations based on
the requirements within Chapter 333, Florida Statutes (F.S.).
LDC SECTIONS TO BE AMENDED
2.03.07 Overlay Zoning Districts
4.02.06 Standards for Development in Airport Zones
Appendix D Airport Zoning
ORIGIN
Growth Management
Department
HEARING DATES
BCC TBD
CCPC 8/7/2019
DSAC 4/3/2019
DSAC-LDR 10/16/2018
and 12/18/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approved
DSAC
Approved
CCPC
TBD
BACKGROUND
In 2016, the provisions within Chapter 333, F.S., were modified with the passing of HB 7061. The
changes to Chapter 333, F.S., include: modifications and additions to the existing defined terms; updates
to the standards for airport land use compatibility zoning regulations; updates to the appeals and judicial
review processes; updates to the criteria for Florida Department of Transportation (FDOT) evaluation of
airport protection zoning permit applications; and updates to the criteria and processes for political
subdivisions’ airport protection zoning regulations.
Section 333.03, F.S. states that political subdivisions having airport protection zoning regulations must,
at a minimum, require:
• A permit for the construction or alteration of any obstruction;
• Obstruction marking and lighting for obstructions;
• 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;
• Consideration of the criteria in section 333.025(6), F.S., when determining whether to issue
or deny a permit; and
• That the approval of a permit not be based solely on the determination by the Federal Aviation
Administration that the proposed structure is not an airport hazard.
Additionally, section 333.135, F.S., requires any airport zoning regulation that conflicts with Ch. 333,
F.S. to be amended for conformity. To comply with the requirements of Ch. 333. F.S., the following
changes to LDC section 4.02.06 have been made:
(1) A new Definitions section that references Ch. 333, F.S. The referenced definitions, as amended,
will be applicable to terms utilized within this section.
4.A.1.c
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(2) A new Requirements for Airspace Obstructions section was added to create a new process for
reviewing potential airspace obstructions and hazards. This process was previously under the
jurisdiction of the FDOT and deemed a variance process. The specific considerations for
approving or denying airspace obstructions have been established by Ch. 333, F.S., which have
been incorporated into this LDC section. This added section also includes the requirements of
airspace obstruction marking and lighting.
(3) The Airport Land Use Restrictions section was renamed to Airport Land Use Compatibility
Regulations. This section has also been updated to address airport land use compatibility
regulations that relate to the prohibition of new landfills and the restriction of existing landfills,
within a certain proximity to airports.
(4) Throughout the text, terminology updates have been made for consistency with state and federal
regulations.
The following additional changes, that are not a direct result of the update to Ch. 333, F.S, have been
made:
(1) LDC section 2.03.07 C has been updated to include a reference to the airport maps within
Appendix D and to the Official Zoning Atlas, and to the additional regulations set forth within
LDC section 4.02.06.
(2) The information within Tables 4-8 have been updated with assistance from the Naples Airport
Authority (NAA) and Collier County Airport Authority (CCAA). The updates reflect the accurate
runway numbers and correlated runway type.
(3) The Exemptions section has been relocated for organizational purposes and contains no change to
content.
(4) In coordination with the NAA and the CCAA, the Naples Airport Map, the Marco Island Executive
Airport Map, and the Immokalee Airport Map, located within Appendix D of the LDC, have been
replaced with new maps. The existing maps have become outdated and are illegible. The maps
play an important role in visually depicting the various airspace surfaces, identified within LDC
section 4.02.06, and aid in determining height limitations for obstructions.
The new maps accurately reflect the location and scope of the different airspace surfaces that have
changed based on the updates to the airport’s master plans. For instance, the existing surface contours
on the Naples Airport Map that extend NE to SW are noticeably missing from the new map, this is due
to an approach surface that no longer exists.
FISCAL & OPERATIONAL IMPACTS
There will be operational and fiscal impacts to the
County due to this amendment. The amendment
will require an additional component of review
for airspace obstructions and will require
additional zoning reviews for building permits
that would not have previously been required.
GMP CONSISTENCY
The proposed amendment is deemed consistent with
the GMP.
EXHIBITS: A) Administrative Code B) Implementation of Airspace Obstruction Review C) Chapter
333 Florida Statutes
4.A.1.c
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Amend the LDC as follows:
1
2.03.07 – Overlay Zoning Districts 2
A. Corridor Management Overlay (CMO). 3
* * * * * * * * * * * * * 4
C. Airport Overlay (APO). The purpose and intent of the (APO) district is to provide both 5
airspace protection and land use compatibility in relation to the normal operation of public-6
use airports located within the County, including the Naples Municipal Airport, Everglades 7
City Airpark, Marco Island Executive Airport, Immokalee Regional Airport, and all existing 8
and future public-use airports and heliports in the County. The purpose and intent of these 9
regulations shall be as follows: 10
1. To attempt to promote maximum safety of aircraft arriving at and departing from 11
all public-use airports located within the County; 12
a. To attempt to promote maximum safety of residents and property within 13
areas surrounding public-use airports located within the County; 14
b. To attempt to promote full utility of the public-use airports within the County; 15
c. To provide development standards for land uses within prescribed noise 16
zones associated with the normal operation of public-use County airports; 17
d. To provide building height standards for use within the approach, 18
transitional, horizontal, and conical zonessurfaces so as to encourage and 19
promote proper development beneath such areas; 20
e. To provide administrative and enforcement procedures for the efficient and 21
uniform regulation of all development proposals within such areas; and 22
f. That in addition to the regulations applicable to land zoned, as indicated in 23
the Official Zoning Atlas, the following regulations are additionally 24
applicable to lands in the County in the vicinity of the Naples Municipal, 25
Everglades, Marco Island, and Immokalee airports as indicated on the 26
airport zoning maps of the County. The APO is shown on the Airport Zoning 27
Maps in Appendix D, and the boundaries of the APO are identified on the 28
Official Zoning Atlas with a reference to Appendix D. The Llands lying 29
within various zonessurfaces as indicated on the airport zoning maps are 30
subject to the additional regulations set out in thisLDC sSection 4.02.06. 31
* * * * * * * * * * * * * 32
# # # # # # # # # # # # # 33
34
4.02.06 - Standards for Development within the Airport Overlay (APO)Zones 35
A. Definitions. The definitions of Chapter 333, F.S, Airport Zoning, as amended, shall be 36
applicable to the terms of this section, unless the text and/or context of this section 37
provides otherwise. 38
AB. There are hereby created and established certain surfaces, which include all of the land 39
lying beneath the approach, transitional, primary, horizontal, and conical surfaces, and 40
other surfaces upon which an obstruction may be established as they apply to public-use 41
a particular airports. The surfaces Such zones are shown on the Naples Municipal, Marco 42
Island Executive, Everglades City, and Immokalee Regional Airport zoning maps, 43
contained within Appendix D of the LDC and declared to be made a part of this LDC. An 44
area located in more than one of the described zones surfaces is subject to the most 45
restrictive surface standard considered to be only in the zone with the most restrictive 46
height limitation. 47
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BC. Primary surface. An area longitudinally aligned along the runway centerline, extending 1
200 feet beyond each end of the runway with the width so specified for each runway for 2
the most precise approach existing or planned for either end of the runway. 3
CD. Primary surface height. No structure or obstruction will be permitted within the primary 4
surface area that is not part of the landing and takeoff area and is of greater height than 5
the nearest point on the runway centerline with the exception of FAA approved navigation 6
aids. 7
DE. The width of each primary surface is as follows: 8
Table 4. Primary Surface Width 9
Airports Runway Type Width
(feet)
Naples Municipal 14-32 Other than utility/non-precision
instrument
500
5-23 Other than utility/non-precision
instrument
1,000
500
Marco Island Executive
Airport
17-35 Other than utility/non-precision
instrument
500
Everglades City Airpark 15-33 Utility/Visual 250
Immokalee Regional Airport 9-27 Other than utility/ non-precision
instrument
1,000
500 18-36 Other than utility/non-precision
instrument
500
4-22 Utility/Visual 250
10
EF. Horizontal zone surface. A horizontal plane 150 feet above the established airport 11
elevation, the perimeter of which is constructed by swinging arcs for specified radii from 12
the center of each end of the primary surface of each runway of each airport and 13
connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is as 14
follows: 15
Table 5. Horizontal Zone Surface Radius 16
Airports Runway Type Radius
(feet)
Naples Municipal 14-32 Other than utility/non-precision
instrument
10,000
5-23 Other than utility/non-precision
instrument
10,000
Marco Island Executive
Airport
17-35 Other than utility/non-precision
instrument
10,000
Everglades City Airpark 15-33 Utility/Visual 5,000
Immokalee Regional Airport 9-27 Other than utility/ non-precision
instrument
10,000
18-36 Other than utility/non-precision
instrument
10,000
4-22 Utility/Visual 5,000
17
FG. Horizontal zone surface height. No structure or obstruction will be permitted in the 18
horizontal zone surface that has a height greater than 150 feet above the airport height. 19
GH. Conical zone surface. The conical zone surface is the area extending outward and upward 20
from the periphery of the horizontal zone surface for a distance of 4,000 feet. Height 21
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limitations for structures in the conical zone surface are 150 feet above airport height at 1
the inner boundary with permitted height increasing one (1) foot vertically for every twenty 2
(20) feet of horizontal distance measured outward from the inner boundary to a height of 3
350 feet above airport height at the outer boundary. 4
HI. Approach zone surface. The approach zone surface is an area longitudinally centered on 5
the extended runway centerline and extending outward and upward from each end of the 6
primary surface. An approach zone surface is designated for the end of each runway 7
based upon the type of approach available or planned for that runway end. 8
1. Approach zone surface width. The inner edge of the approach zone surface is the 9
same width as the primary surface. The outer width of the approach zone surface 10
is prescribed for the most precise approach existing or planned for that runway 11
end expanding uniformly to the following widths: 12
Table 6. Approach Zone Surface Width (feet) 13
Airports Runway Type Width
Naples Municipal 14-32 Other than utility/non-precision
instrument
3,500
5 Other than utility/non-precision
instrument
16,000
3,500
23 Other than utility/non-precision
instrument
16,000
3,500
Marco Island Executive
Airport
17-35 Other than utility/non-precision
instrument
3,500
Everglades City Airpark 15-33 Utility/visual 1,250
Immokalee Regional Airport 9 Other than utility/non-precision
instrument
16,000
3,500 27 Other than utility/non-precision
instrument
3,500
18 Other than utility/non-precision
instrument
3,500
36 Other than utility/visualnon-precision
instrument
1,500
3,500
4-22 Utility/visual 1,250
14
2. Approach zone surface lengths. The approach zone surface extends for the 15
applicable horizontal distance as follows: 16
Table 7. Approach Zone Surface Length (feet). 17
Airports Runway Type Length
Naples Municipal 14-32 Other than utility/non-precision
instrument
10,000
5 Other than utility/non-precision
instrument
10,000
23 Other than utility/non-precision
instrument
50,000
10,000
Marco Island Executive
Airport
17-35 Other than utility/non-precision
instrument
10,000
Everglades City Airpark 15-33 Utility/visual 5,000
Immokalee Regional
Airport
27 Other than utility/non-precision
instrument
10,000
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9 Other than utility/non-precision
instrument
5,000
10,000 18 Other than utility/non-precision
instrument
10,000
36 Other than utility/visualnon-precision
instrument
5,000
10,000 4-22 Utility/visual 5,000
1
3. Approach zone surface height. Permitted height limitation within the approach 2
zone surface shall not exceed the runway end height at the inner edge and 3
increases uniformly with horizontal distance outward from the inner edge as 4
follows: 5
Table 8. Approach Zone Surface Height. 6
Airports Runway Type Height
Naples Municipal 14-32 Other than utility/non-precision
instrument
34:1
5 Other than utility/non-precision
instrument
50:0/40:1
34:1 23 Other than utility/non-precision
instrument
50:1/40:1
34:1
Marco Island Executive
Airport
17-35 Other than utility/non-precision
instrument
2034:1
Everglades City Airpark 15-33 Utility/visual 20:1
Immokalee Regional
Airport
9 Other than utility/non-precision
instrument
50:1/40:1
34:1 27 Other than utility/non-precision
instrument
34:1
18 Other than utility/non-precision
instrument
34:1
36 Other than utility/visualnon-precision
instrument
2034:1
4-22 Utility/visual 20:1
7
4. Precision instrument runway(s). One (1) foot vertically for every fifty (50) feet 8
horizontally for the first 10,000 feet, increasing to one (1) foot vertically for every 9
forty (40) feet horizontally for additional 40,000 feet. 10
5. Non-precision instrument runways. One (1) foot vertically for every thirty-four (34) 11
feet horizontally. 12
6. Visual runways. One (1) foot vertically for every twenty (20) feet horizontally. 13
IJ. Transitional zone surfaces. The area extending outward from the sides of the primary 14
surface and approach zones surfaces connecting them to the horizontal zone surface or 15
for a horizontal distance of 5,000 feet from the side of the part of the precision approach 16
zone surface that extends beyond the conical zone surface. Height limits within the 17
transitional zone surface are the same as the primary surface or approach zone surface 18
at the boundary line where it adjoins and increases at a rate of one (1) foot vertically for 19
every seven (7) feet horizontally, with the horizontal distance measured at right angles to 20
the runway centerline and extended centerline until the height matches the height of the 21
horizontal zone surface or for a horizontal distance of 5,000 feet from the side of the part 22
of the precision approach zone surface that extends beyond the conical zone surface. 23
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JK. Heliport primary zone surface. The area of the primary zone surface coincides in size and 1
shape with the designated take-off and landing area of a heliport. This surface is a 2
horizontal plane at the established heliport elevation. 3
1. Heliport approach zone surface. The approach zone surface begins at each end 4
of the heliport primary zone surface with the same width as the primary zone 5
surface, and extends outward and upward for a horizontal distance of 4,000 feet 6
where its width is 500 feet. The slope of the approach zone surface is eight (8) to 7
one (1) (one (1) foot vertically for every eight (8) feet horizontally.) 8
2. Heliport transitional zone surface. These zones surfaces extend outward and 9
upward from the lateral boundaries of the heliport primary zone surface and from 10
the approach zone surface at a slope of two (2) to one (1) (one (1) foot vertically 11
for every two (2) feet horizontally) for a distance of 250 feet measured horizontally 12
from the centerline of the heliport primary and approach zone surface. 13
KL. Other areas. In addition to the height limitations imposed in LDC sections 4.02.06(EC)-14
(HK) above, no structure or obstruction will be permitted within Collier County that would 15
cause a minimum obstruction clearance altitude (MOCA), a minimum descent altitude 16
(MDA), decision height (DH), or a minimum vectoring altitude (MVA) to be raised nor which 17
would impose either the establishment of restrictive minimum climb gradients or 18
nonstandard takeoff minimums. 19
1. Except as expressly provided in these APO regulations this section of the LDC, no 20
structure or object of natural growth shall be erected, altered, allowed to grow, or 21
be maintained to a height which exceeds the height of any zone surface created 22
in these APO regulations. 23
2. Except as otherwise provided in these APO regulations this section of the LDC, no 24
structure, or object of natural growth shall be erected, altered, allowed to grow or 25
be maintained, which is or would be an result in a potential hazard obstruction to 26
air navigation within Collier County or of a height greater than by exceeding any of 27
the following: 28
a. A height of 500 feet above ground level at the site of the object. 29
b. A height that is 200 feet above ground level or above the established airport 30
elevation, whichever is higher, within three (3) nautical miles of the 31
established reference point of an airport, excluding heliports, with its 32
longest runway more than 3,200 feet in actual length, and that height 33
increases in the proportion of 100 feet for each additional nautical mile of 34
distance from the airport up to a maximum of 500 feet. 35
c. A height within a terminal obstacle clearance area, including an initial 36
approach segment, a departure area, and a circling approach area, which 37
would result in the vertical distance between any point on the object and 38
an established minimum instrument flight altitude within that area or 39
segment to be less than the required obstacle clearance. (Refer to FAR 40
77.23.(a.)(2)). 41
L. Exemptions. 42
1. Development of the Marco Shores Golf Course Community that comports with the 43
location and height requirements of Ordinance No. 81-6, as amended by 44
Ordinance No. 85-56 and Ordinance No. 94-41, is exempted from the provisions 45
of section 4.02.06 only to the following extent: 46
a. The agreement between Johnson Bay Development Corporation Collier 47
County Airport Authority and the BCC, dated August 8, 1995. 48
b. Prior issuance of a Federal Aviation Administration "Determination Of No 49
Hazard To Air Navigation." 50
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2. Development of the Mini-Triangle Mixed Use Subdistrict of the Urban Designation. 1
Urban Mixed Use District of the Growth Management Plan that comports with 2
height requirements of Ordinance 2018-25, is exempted from the maximum 3
allowable horizontal zone height of 150 feet from the established elevation of the 4
Naples Airport, as established in LDC Sections 4.02.06.E. and 4.02.06.F. 5
Buildings are allowed up to 160 feet in height from the established elevation of the 6
Naples Airport. Development within the Mini-Triangle Mixed Use Subdistrict shall 7
comply with the conditions set forth in the Federal Aviation Administration letters 8
of “Determination Of No Hazard To Air Navigation”, dated January 20, 2017, or 9
any subsequent letters or extensions thereof. 10
M. Requirements for airspace obstructions. 11
1. Applicability. An airspace obstruction approval is required when a proposed 12
airspace obstruction exceeds one or more of the criteria established in LDC section 13
4.02.06 C-L. Review of airspace obstructions shall occur at the time of the site 14
development plan review, if applicable. If a site development plan is not required, 15
the airspace obstruction shall be reviewed at time of building permit submittal. 16
2. Criteria for review. The airspace obstruction may not be approved solely on the 17
basis that the FAA determined that the proposed construction or alteration of an 18
obstruction was not an airport hazard. In determining whether to approve or deny 19
an airspace obstruction, the County Manager or designee, in coordination with the 20
affected airport, must also consider the following, as applicable: 21
a. The safety of persons on the ground and in the air. 22
b. The safe and efficient use of navigable airspace. 23
c. The nature of the surrounding terrain and height of existing structures. 24
d. The effect of the construction or alteration on the state licensing standards 25
for a public-use airport contained in Ch. 330, F.S. and administrative code 26
rules adopted thereunder. 27
e. The character of existing and planned flight operations and developments 28
at the public-use airport. 29
f. Federal airways, visual flight rules, flyways and corridors, and instrument 30
approaches as designated by the FAA. 31
g. The effect of the construction or alteration of the proposed structure on the 32
minimum descent altitudes or the decision heights at the affected airport. 33
h. The cumulative effects on navigable airspace of all existing structures and 34
other known proposed structures in the area. 35
3. Supplemental standards for the development of airspace obstructions: 36
a. The owner of the obstruction will be required to install, operate, and 37
maintain thereon and at their own expense, obstruction marking and 38
lighting in conformance with the specific standards established by the FAA. 39
MN. Airport land use restrictions. Notwithstanding any other provision of this LDC, no use may 40
be made of land or water within any zone surfaces established by this LDC in such a 41
manner as to interfere with the operation of an airborne aircraft. The following special 42
requirements shall apply to each permitted use: 43
1. All lights or illumination used in conjunction with street, parking, signs, or use of 44
land or structures shall be arranged and operated in such a manner that it is not 45
misleading to pilots or dangerous to aircraft operating to and from a public use 46
airport or in the vicinity thereof. 47
2. All flood lights, spot lights, or any type of pulsating, flashing, rotating, or oscillating 48
light shall be modified or prohibited if determined by the executive director who has 49
authority over that public airport to be a possible risk to safety of aircraft operation. 50
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3. No operations of any type shall produce smoke, glare, or other visual impairment 1
to pilots within three (3) miles of any usable runway of a public airport. 2
4. No operations of any type shall produce electronic interference with navigation 3
signals or radio communication between the airport and aircraft, or other air traffic 4
control facility. 5
5. Land within runway clear zones (runway protection zones) shall be prohibited from 6
use for high density residential use, schools, hospitals, storage of explosives, or 7
flammable material, assemblage of large groups of people or any other use that 8
could produce a major catastrophe as a result of an aircraft crash. 9
6. Based on the possibility that solid waste management facilities may attract birds, 10
any solid waste management facility located so that it places the runways and/or 11
approach and departure pattern of an airport between bird feeding, water, or 12
roosting areas shall be considered as an incompatible use and is therefore 13
prohibited in and around the airports in Collier County.New landfills shall be 14
prohibited and existing landfills shall be restricted within the following areas: 15
a. Within 10,000 feet from the nearest point of any runway used or planned 16
to be used by turbine aircraft. 17
b. Within 5,000 feet from the nearest point of any runway used by only 18
nonturbine aircraft. 19
c. Outside the perimeters defined in LDC section 4.02.06 O.6.a-b. but still 20
within the lateral limits of the civil airport imaginary surfaces defined in 14 21
C.F.R. s. 77.19. 22
7. Where any landfill is located and constructed in a manner that attracts or sustains 23
hazardous bird movements from feeding, water, or roosting areas into, or across, 24
the runways or approach and departure patterns or aircraft. The landfill operator 25
must incorporate bird management techniques or other practices to minimize bird 26
hazards to airborne aircraft. 27
78. Any type of tethered dirigible, balloon, or other type of hovering or floating object 28
the height of which exceeds the airspace notification limits criteria outlined in LDC 29
section 4.02.06 EF. shall be is prohibited limited as provided in section 4.02.06 E. 30
89. No structure of any height, type or material shall be constructed or altered which 31
could possibly so as to cause interference to with any radio or airport surveillance 32
radar system electronic navigational aids or systems as determined by the Federal 33
Aviation Administration, or by the executive director who has jurisdiction over the 34
airport deemed to be effectedaffected. 35
NO. Naples Municipal Airport noise zones, land use restrictions, sound level requirements 36
(SLR) for buildings or structures, and SLR design requirements. 37
1. The purpose of this section 4.02.06 is to establish standards for land use and for 38
sound level reduction requirements with respect to exterior noise resulting from the 39
legal and normal operations at the airports within Collier County. This section 40
establishes noise zones of differing intensities and land use in the vicinity of the 41
Naples Municipal airport, as identified in the most recent Naples airport FAA Part 42
150 Study; establishes permitted land uses in the noise zones; establishes 43
soundproofing requirements for residential development within the noise zones; 44
and establishes notification procedures to prospective purchasers of real estate 45
within the noise zones. 46
2. In addition to the prior three (3) noise zones, there is hereby created and 47
established a fourth noise zone D; there are now noise zones A, B, C, and D. Such 48
zones are shown on the Naples Airport noise zone map(s) which are incorporated 49
and made a part herein and are described in LDC section 4.02.06 NO.3. below. 50
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The noise zones contained herein are based on a projection of future aircraft 1
operations at the Naples Municipal Airport. The purpose of these noise zones is to 2
define and set forth specific regulations for all properties within the described 3
areas. 4
3. Noise zone boundaries. 5
a. Zone A. That area commencing at the outermost boundary of the airport 6
and extending outward therefrom to a boundary indicated on the noise 7
zone map as "B." The outer contour of noise zone A approximates a noise 8
level of seventy-five (75) Ldn. 9
b. Zone B. That area commencing at the boundary indicated on the noise 10
zone map as the outer boundary of noise zone A and extending outward 11
therefrom to the boundary indicated on the noise zone map as "C." The 12
outer contour of noise zone B approximates a noise level of seventy (70) 13
Ldn. 14
c. Zone C. That area commencing at the boundary indicated on the noise 15
zone map as the outer boundary of noise zone B and extending outward 16
therefrom to the boundary indicated on the noise zone map as "D". The 17
outer contour of noise zone C approximates a noise level of sixty-five (65) 18
Ldn. 19
d. Zone D. This new noise zone commences at the boundary indicated on the 20
noise zone map as the outer boundary of noise zone C and extending 21
outward therefrom to the furthermost boundary indicated on the noise zone 22
map. The outer contour of noise zone D approximates a noise level of sixty 23
(60) Ldn and is the Naples Airport noise zone (This area is referenced in 24
the 1996 Naples Airport FAA Part 150 Study). 25
4. Where boundaries of a described noise zone are shown to extend over a portion, 26
but not all, of a platted lot or unsubdivided property, the owner or owners of the 27
entire property will be notified of potential noise impact in accordance with notice 28
procedures set forth in Chapter 10. 29
a. Where boundaries of a described noise zone are shown to extend over a 30
portion, but not all of a platted lot or un-subdivided property, the owner or 31
owners of the entire property will be notified of potential noise impact in 32
accordance with notice procedures set forth in Chapter 10. 33
b. Where boundaries of more than one (1) described noise zone are shown 34
on a platted lot or unsubdivided property, provisions of the most restricted 35
zone shall apply. 36
5. Land use restrictions. 37
a. Permitted and restricted activities. All land uses shall be permitted in the 38
noise zone pursuant to the applicable zoning district and as provided in the 39
activities and/or land use guidance chart made a part hereof. Those 40
activities and land uses not specifically listed in the land use guidance chart 41
are permitted or restricted in the noise zones based on their similarity to 42
noise tolerance as exhibited by the activities and land uses which are listed 43
in the guidance chart. 44
b. Nonconforming uses. The regulations prescribed by this section shall not 45
be construed to require the sound conditioning or other changes or 46
alteration of any preexisting structure not conforming to this part as of the 47
effective date of this section or to otherwise interfere with the continuance 48
of any such preexisting nonconforming use. Nothing herein contained shall 49
require any such change in the construction of or alteration of a structure 50
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which has commenced construction prior to the effective date of this 1
section and which is diligently pursued. 2
6. Sound level requirements (SLR) for buildings or structures. 3
a. The provisions of these APO special regulations shall apply to the 4
construction, alteration, moving, demolition, repair, and use of any building 5
or structure within unincorporated Collier County except work located 6
primarily in a public right-of-way, on public utility towers, poles, and 7
mechanical equipment not specifically regulated by these APOs 8
regulations. Additions, alterations, repairs, and changes of use in all 9
buildings and structures shall comply with the provisions of these APOs 10
regulations. 11
b. Buildings or structures constructed prior to the initial adoption of this 12
amended section, to which additions, alteration, or repairs are made to the 13
exterior walls and ceilings of rooms having one (1) or more exterior walls 14
or ceilings shall be required to meet the SLR requirements of these APOs 15
regulations. 16
c. Alterations or repairs which are nonstructural and do not affect the exterior 17
walls or ceilings of an existing building or structure may be made with the 18
same materials of which the building or structure is constructed and shall 19
not be required to meet the SLR requirements. 20
d. Buildings in existence at the time of the initial adoption of these APOs 21
regulations may have their existing use or occupancy continued if such use 22
or occupancy was legal at the time of the initial adoption of these APOs 23
regulations provided such continued use is not dangerous to life. A change 24
in the use of a structure may require additional sound level reduction. 25
e. Buildings or structures moved into or within the vicinity of the established 26
noise zone must comply with applicable provisions of these APOs 27
regulations. 28
f. The County Manger or his designee may approve any type construction 29
that complies with the SLR requirements of the activities and/or land use 30
guidance chart (appendix III of Appendix D). The SLR requirements 31
specified in appendix III of Appendix D shall be achieved by the use of 32
assemblies having the South Transmission Class Ratings specified in table 33
403.2, Minimum Sound Transmission of Assemblies, of the Southern 34
Building Code Congress International, Inc., Standard for Sound Control, 35
SSTD 8-87, incorporated herein and adopted by reference as appendix IV 36
of appendix D. 37
g. The SLR requirements of the land use guidance chart at appendix III of 38
Appendix D may be achieved by any suitable combination of building 39
design, choice of building materials, and execution of construction details 40
in accordance with established architectural and acoustical principles. The 41
SLR requirements shall apply to the exterior walls and ceilings only of all 42
rooms having one (1) or more exterior walls or ceilings. Regulations to 43
achieve the SLR requirements specified in appendix III of Appendix D, shall 44
be found in appendix IV of Appendix D and shall be used by the County 45
Manger or his designee during the building plan review process. 46
h. No building or structure for which an SLR 25, SLR 30, or SLR 35 is required 47
by appendix III of Appendix D may be constructed, altered, moved, 48
demolished, or repaired unless and until a building permit has been issued. 49
No such permit shall be issued unless and until the requirements contained 50
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in appendix III of Appendix D are met as indicated by plans and 1
specifications for the building or structure. Such plans and specifications 2
shall result in a sound level reduction for the applicable exterior walls and 3
ceilings only of room(s) having one (1) or more exterior walls or ceilings, at 4
least as great as the SLR value specified in appendix III of Appendix D for 5
the particular usage involved. These plans and specifications shall be 6
reviewed during the building plan review process in accordance with the 7
sound transmission ratings specified in table 403.2 of appendix IV of 8
Appendix D. 9
P. Exemptions. 10
1. Development of the Marco Shores Golf Course Community that comports with the 11
location and height requirements of Ordinance No. 81-6, as amended by 12
Ordinance No. 85-56 and Ordinance No. 94-41, is exempted from the provisions 13
of section 4.02.06 only to the following extent: 14
a. The agreement between Johnson Bay Development Corporation Collier 15
County Airport Authority and the BCC, dated August 8, 1995. 16
b. Prior issuance of a Federal Aviation Administration "Determination Of No 17
Hazard To Air Navigation." 18
2. Development of the Mini-Triangle Mixed Use Subdistrict of the Urban Designation. 19
Urban Mixed Use District of the Growth Management Plan that comports with 20
height requirements of Ordinance 2018-25, is exempted from the maximum 21
allowable horizontal zone height of 150 feet from the established elevation of the 22
Naples Airport, as established in LDC Sections 4.02.06 E. and 4.02.06 F. 23
Buildings are allowed up to 160 feet in height from the established elevation of the 24
Naples Airport. Development within the Mini-Triangle Mixed Use Subdistrict shall 25
comply with the conditions set forth in the Federal Aviation Administration letters 26
of “Determination Of No Hazard To Air Navigation”, dated January 20, 2017, or 27
any subsequent letters or extensions thereof. 28
# # # # # # # # # # # # # 29
30
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APPENDIX D – Airport Zoning 1
APPENDIX I. – [AIRPORT ZONING MAPS] 2
APPENDIX I. – [Airport Zoning Maps] 3
4
5
6
7
ZONING MAP A. NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP 8
(SEE SECTION 4.02.06 (N)) 9
ZONING MAP B. MARCO ISLAND [EXECUTIVE] AIRPORT 10
(SEE SECTION 4.02.06 (N)) 11
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1
2
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ZONING MAP C. EVERGLADES AIRPORT 1
(SEE SECTION 4.02.06 (N)) 2
3
4
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ZONING MAP D. IMMOKALEE AIRPORT 1
(SEE SECTION 4.02.06 (N)) 2
3
4
5
6
7
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ZONING MAP A. NAPLES MUNICIPAL AIRPORT 1
(SEE LDC SECTION 4.02.06) 2
3
{Map to be added} 4
5
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ZONING MAP B. MARCO ISLAND EXECUTIVE AIRPORT 1
(SEE LDC SECTION 4.02.06) 2
3
{Map to be added} 4
5
6
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ZONING MAP C. EVERGLADES AIRPARK 1
(SEE LDC SECTION 4.02.06) 2
3
4
{Map to be added} 5
6
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ZONING MAP D. IMMOKALEE AIRPORT 1
(SEE LDC SECTION 4.02.06) 2
3
4 {Map to be added} 5
* * * * * * * * * * * * * 6
# # # # # # # # # # # # # 7
8
9
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Collier County Land Development Code | Administrative Procedures Manual
Chapter 4 | Administrative Procedures
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I.2. Site Development Plans (SDP)
Reference LDC section 10.02.03 and other provisions of the LDC.
Applicability All development is subject to this subchapter, unless it is exempt pursuant to LDC
subsection 10.02.03 A.3.
Pre-Application A pre-application meeting is required unless waived by the County Manager or designee
at the request of the applicant, pursuant to LDC subsection 10.02.03 D.
Initiation The applicant files an “Application for Site Development Plan” with the Development
Review Division.
Application
Contents and Site
Plan Requirements
Submittal Credentials: The engineering plans shall be signed and sealed by the
applicant’s professional engineer licensed to practice in the State of Florida. The
landscape plans shall be signed and sealed by a landscape architect registered
in the State of Florida. For projects subject to LDC section 5.05.08, architectural
drawings, shall be signed and sealed by a licensed architect, registered in the
State of Florida.
Sheet size: The site development plan and the coversheet shall be prepared on a
maximum size sheet measuring 24 inches by 36 inches, drawn to scale.
The application shall include the following, if applicable:
1. Applicant contact information.
2. Addressing checklist.
3. Warrant deed.
4. Property information, including:
• Project title;
• Legal description;
• Property identification number;
• Section, township and range;
• Subdivision name, unit, lot and block; and
• Scale, north arrow, and date.
5. Electronic copies of all documents.
6. Proof of ownership, including a copy of the recorded deed, contract for sale or
agreement for sale, or a notarized statement of ownership clearly demonstrating
ownership and control of the subject lot or parcel of land.
• The applicant shall also present a notarized letter of authorization from the
property owner(s) designating the applicant as the agent acting on behalf
of the owner(s).
7. Owner/agent affidavit as to the correctness of the application.
8. PUD Ordinance and Development Commitment Information .
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9. PUD Monitoring Report and Schedule, if applicable.
10. A Cover Sheet with the following information:
• The project title and the name, address and phone number of the firm or
agent preparing the plans and the name, address and telephone number of
the property owner;
• Zoning designation of the subject property. In the event that the property is
zoned PUD, the name of the PUD and the number of the ordinance
approving the PUD;
• Vicinity map clearly identifying the location of the development and its
relationship to the surrounding community; and
• A legal description and the property appraiser's property identification
number(s)/folio number(s) for the subject property or properties.
11. The following information shall be set forth on the site development plan and/or on
a separate data sheet used exclusively for that purpose:
• A narrative statement on the plan identifying the provisions of ownership
and maintenance of all common areas, open space, preservation areas,
private streets, and easements;
• A site summary in chart form which shall include the following information,
with development and dimensional standards based on the provisions of
the LDC and/or applicable PUD ordinance:
o Total site acreage;
o Total square footage of impervious area (including all parking
areas, drive-aisles, and internal streets) and its percentage of the
total site area;
o Total square footage of landscape area/open space and its
percentage of the total site area;
o For projects that include residential uses, total number of units,
density, units per acre, and a unit breakdown by square footage
and number of bedrooms, as well as minimum/maximum (as
applicable) floor area required and floor area proposed;
o For projects that include non-residential uses, total building
footage and a square footage breakdown by use (i.e., office, retail,
storage, etc.) and its percentage of the total building; for hotels
and motels, the minimum/maximum (as applicable) floor area, or
proposed floor area ratio, required, and floor areas;
o All required and provided setbacks and separations between
buildings and structures in matrix form;
o Maximum zoned building height allowed and actual building height
as defined in LDC section 1.08.00;
o Zoning and land use of the subject property and adjacent
properties, including properties abutting an adjacent right-of-way
or right-of-way easement; and
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o North arrow, scale, and date.
• A parking summary in matrix form which shall include:
o Type of use;
o Total square footage per use;
o Required parking ratio, number of standard spaces required by
use, and number provided;
o Number of loading spaces required and provided (if applicable);
and
o Total number of spaces provided by use.
• The following building construction information must be included in the
SDP packet:
o Information in the Standard Building Code, type of construction,
number of stories, total square footage under roof, occupancy/use
and fire sprinkler intentions of all proposed structures so that a
needed fire flow may be determined;
o A fire hydrant flow test report from the applicable fire district for
the closest hydrant(s) to the project so that the available fire flow
may be determined; and
o Location of existing and proposed fire hydrants.
• Illustrative information accurately depicted unless waived at the pre-
application meeting:
o A boundary survey, prepared by a professional surveyor, showing
the location and dimensions of all property lines, existing streets or
roads, easements, rights-of-way, and areas dedicated to the
public. This survey shall be accompanied either by an attorney's
opinion of title, or by a sworn statement from the property
owner(s) stating that he or she has provided sufficient information
to the surveyor to allow the accurate depiction of the above
information on the survey;
o Name, alignment and existing/proposed rights-of-way of all streets
which border the development (including raised islands, striping,
right/left turn lanes, median cuts and nearby intersections), the
location of all existing driveways or access points on the opposite
sides of all streets which border the development, and the location
of all traffic calming devices;
o Location and configuration of all development ingress and egress
points;
o Location and arrangement of all proposed buildings (including
existing buildings that are to remain);
o Location and configuration of all parking and loading areas;
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o Name, alignment, and existing/proposed right-of-way of all
internal streets and alleys;
o Directional movement of internal vehicular traffic and its
separation from pedestrian traffic;
o Location and configuration of recreational facilities (including
related buildings, golf course areas, tennis courts, pools, etc.);
o Location and general configuration of all water and drainage
retention/detention areas as well as all existing and proposed
easements, and water and sewer lines intended to serve the
development;
o Location and general configuration of such natural features as
preservation/conservation areas, water bodies, and wetlands;
o Location of emergency access lanes, fire hydrants and fire lanes;
o Location of all handicapped parking spaces;
o Location of trash enclosures;
o Location and heights of proposed walls or fences; and
o Accurate dimensions which include the following:
▪ All building setbacks;
▪ Distance between buildings and accessory structures;
▪ Width of all internal streets;
▪ All parking areas and drive-aisles; and
▪ Landscape areas adjacent to all vehicular drives, interior
property lines and all parking areas.
o Traffic circulation, signing and marking plan, to include outside and
inside radii for all turn movements using a common pivot point for
both radii at each location;
o Access Management Exhibit, identifying existing and proposed
access points, nearest U turns and legal access to the site;
o Roadway elevations; and
o Any additional relevant information required by the Development
Review.
12. Architectural Plans. See Chapter 4.A of the Administrative Code for Architectural
Plan submittals. The plans shall also include:
• If proposed, dumpster enclosure details depicting height and material and
color of walls and gates; and
• If proposed, light pole details depicting height and colors of pole and
housing.
13. Stormwater management information as follows:
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• The South Florida Water Management District Environmental Resource
Permit or General Permit number, if obtained;
• Stormwater management control structure(s) location (referenced to State
Plane Coordinates, Florida East Zone, North American Datum 1983 (NAD
'83), latest adjustment);
• Stormwater management control elevation(s) and overflow elevation(s)
(referenced to the North American Vertical Datum, 1988 (NAVD '88), latest
adjustment), and NGVD;
• Twenty-five-year/3-day design discharge at control structure(s);
• Drainage calculations, including pipe sizing calculations;
• Estimated cost of construction of roadways, paving, and drainage;
• Engineer’s Report with Assumptions and Explanations;
• Engineering Review Checklist, signed by a professional engineer;
• Hydraulic Grade Line Pipe calculations for culverts; and
• Streetlight plan, for multi-family housing.
14. For residential projects subject to the provisions of LDC section 10.04.09, a
completed School Impact Analysis (SIA) application, location map and review fee.
15. Certificate of Adequate Public Facilities application, if applicable.
16. Landscaping Plan. A landscape plan which shall contain the following:
• Landscape summary. A landscape summary in matrix form which shall
include:
o Graphic symbol to indicate each type of plant material;
o Botanical name;
o Common name;
o Total number of each type of plant material;
o Height and spread of each type of plant material; and
o Spacing of each type of plant material.
• Illustrative information. Illustrative information consisting of the following
shall be accurately depicted on the landscape plan:
o The location, configuration, and arrangement of all proposed
buildings, internal streets and parking areas as reflected on the site
plan;
o The location and dimensions of all proposed landscaped areas with
appropriate graphic symbols including existing trees that are being
credited toward the development's landscaping requirements;
o Location and configuration of all special or textured paving areas;
o Provisions for site irrigation; and
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o Any additional relevant information as may be required by the
County Manager or designee.
17. Vegetation inventory. A generalized vegetation inventory of the property sh all be
required to the extent necessary, as determined at the pre-application meeting,
indicating the approximate location, densities and species of the following:
• Upland, wetland and estuarine vegetation including prohibited exotic
vegetation, mapped using FLUCFCS terminology;
• Any type of vegetation identified for preservation;
• Conservation easement including signed and sealed legal description and
boundary survey for preserve, include protective language, and provide a
sketch and description in construction plans.
• Projects containing the following shall provide a survey identifying species
and locations on a current aerial photograph at a scale of 1 inch equals 200
feet or larger or superimposed on the site plan:
o Plants specified to remain in place or to be transplanted to other
locations on the property as specified in the applicable
development order.
o Specimen trees designated by the BCC, pursuant to LDC section
3.05.09.
o State or federal rare, threatened or endangered plan species
surveyed according to accepted Florida Fish and Wildlife
Conservation Commission or U.S. Fish and Wildlife Service
methods.
o Existing trees that may be credited toward the development's
landscaping requirements.
• For proposed site alteration(s) within the coastal zone as depicted on the
future land use map, in addition to the foregoing requirements, the
vegetation inventory shall depict the categories of impact in accordance
with LDC sections 3.03.03-3.03.04.
18. A recent aerial photo shall be provided at the same scale as the plan delineating the
development boundaries, unless waived at the pre-application meeting.
19. Density bonus. If a residential bonus is requested, as provided for in the Growth
Management Plan, a certified survey that clearly illustrates the location and
relationship of the development to the appropriate activity center and the related
activity band shall be required.
20. Building plans. Plans showing proposed building footprints, spatial relationship to
one another when there are multiple buildings and building heights.
21. Traffic Impact Study. See Chapter 7 of the Administrative Code.
22. Soil erosion and sediment control plan. See Chapter 7 of the Administrative Code.
23. Construction Plans. Detailed on-site and off-site infrastructure improvement plans
and construction documents prepared in conformance with the design standards
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identified in LDC section 10.02.04 and any current county ordinances, regulations,
policies and procedures, which consist of, but are not limited to, the following items:
• A cover sheet setting forth the development name, applicant name, name
of Engineering firm, and vicinity map;
• Improvements for water and sewer service as needed or as may have been
specified during a site development plan review prepared in conformance
with the Utilities Standards and Procedures Ordinance, 2004-31, as
amended;
• Improvements for roadway, motor vehicle and non-motorized circulation,
ingress and egress, parking and other transportation needs, including traffic
calming devices, required or as may have been specified during the site
development plan review, prepared in conformance with the subdivision
design requirements. Non-motorized circulation is defined as movement by
persons on foot, bicycle, or other human-powered device. Non-motorized
circulation depicting sidewalks and bicycle facilities shall be consistent with
LDC subsection 5.05.08 A.5. Cross sections and details for improvements
are required;
• The absence of obstructions in the public right-of-way shall be
demonstrated, including provisions for safe and convenient street crossing;
• Cross sections and details for improvements required in LDC subsections
6.06.02 A.7 through 6.06.02 A.9;
• Improvements for water management purposes as needed or as may have
been specified during the site development plan review, prepared in
conformance with subdivision design requirements and pursuant to South
Florida Water Management District rules, chapter 40E-4, 40E-40 and 40E-
41, Florida Administrative Code;
• Citation to the applicable technical specifications for all infrastructure
improvements to be constructed;
• Engineering design computations and reports for water, sewer, roads, and
water management facilities, as required by federal, state, and local laws
and regulations.
• Topographical map of the property including:
o Existing features, such as, watercourses, drainage ditches, lakes,
marshes.
o Existing contours or representative ground elevations at spot
locations and a minimum of 50 feet beyond the property line.
o Benchmark locations and elevations (to both NGVD and NAVD).
• Site clearing plan and methods of vegetation protection.
• Where jurisdictional wetlands occur onsite, approved wetland jurisdictional
lines shall be shown on the construction plans.
24. County-Permits: All necessary permits and applications requiring County approval
and other permitting and construction related items, including but not limited to the
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following, shall be submitted and approved with the site development plan. These
permits may include, but are not limited to the following:
• Excavation permit;
• A Collier County right-of-way permit;
• Blasting permit, prior to commencement of any blasting operation;
• Interim wastewater and/or water treatment plant construction or interim
septic system and/or private well permits prior to building permit approval;
• Any additional state and federal permits which may be required prior to
commencement of construction, addressing the impacts on jurisdictional
wetlands and habitat involving protected species;
• All other pertinent data, computations, plans, reports, and the like
necessary for the proper design and construction of the development that
may be submitted; and
• All necessary performance securities required by Collier County ordinances
in effect at the time of construction.
25. Non-County Permits: All Federal, State, and other local permits shall be submitted
prior to construction and before the pre-construction meeting. If approved by the
County Manager or designee, an applicant may submit Federal, State and local
agency permits at the pre-construction meeting.
• Florida Department of Environmental Protection water and sewer facilities
construction permit application;
• Notice of Intent (NOI) to issue either a Florida Department of
Transportation Right-of-Way permit;
• South Florida Water Management District permit, if required or, Collier
County general permit for water management prior to site development
plan approval; and
• Any additional state and federal permits which may be required prior to
commencement of construction, addressing the impacts on jurisdictional
wetlands and habitat involving protected species, such as:
o USACOE permit and exhibits. If no USACOE permit, SFWMD permit
and exhibits shall be submitted; and
o For the RFMUD, Agency accepted UMAM/WRAP scores.
26. Airspace obstruction review materials, if applicable. An airspace obstruction review
is required for any proposed obstruction that exceeds the criteria established in LDC
section 4.02.06 C-L. The following items shall be provided for review:
• A copy of the FAA form 7460-1 ‘Notice of Proposed Construction or
Alteration’, and all supporting materials, filed with the FAA;
• A copy of the final FAA Obstruction Evaluation/Airport Airspace Analysis
(OE/AAA) determination; and
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• A narrative statement with a detailed description/explanation of the
proposed airspace obstruction and response to the applicable criteria from
LDC section 4.02.06 M.
Completeness and
Processing of
Application
The Planning & Zoning Department will review the application for completenes s. After
submission of the completed application packet accompanied with the required fee, the
applicant will receive a mailed or electronic response notifying the applicant that the
petition is being processed. Accompanying that response will be a receipt for the
payment and the tracking number (i.e., XX201200000) assigned to the petition. This
petition tracking number should be noted on all future correspondence regarding the
petition.
Notice No notice is required.
Public Hearing No public hearing is required.
Decision maker The County Manager or designee.
Review Process The Planning & Zoning Department will review the application, identify whether
additional materials are needed and approve, approve with conditions or deny the
application utilizing the criteria identified in the applicable LDC sections.
Pre-Construction
Meeting
A pre-construction meeting shall be scheduled with the Engineering Services Department
prior to the commencement of construction. All Federal, State, and local permits shall be
submitted prior to construction and before the pre-construction meeting. If approved by
the County Manager or designee, an applicant may submit Federal, State and local
agency permits at the pre-construction meeting.
The following permits, if applicable, require final approval and issuance prior to the
County pre-construction meeting:
1. Florida Department of Transportation Right-Of-Way Construction Permit.
2. Collier County right-of-way [ROW] permit.
Digital Submittal
Requirements
After the final site development plan has been approved by the County Manager or
designee for compliance with the LDC as provided in section 10.02.03, the applicant's
professional engineer shall submit:
1. Digitally created construction/site plan documents, and
2. 1 disk (CDROM) of the master plan file, including, where applicable, easements,
water/wastewater facilities, and stormwater drainage system. The digital data to be
submitted shall follow these formatting guidelines: All data shall be delivered in the
state plane coordinate system, with a Florida East Projection, and a North American
Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET)
units; as established by a Florida registered surveyor and mapper. All information
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shall have a maximum dimensional error of +0.5 feet. Files shall be in an AutoCad
(DWG) or Digital Exchange File (DXF) format; information layers shall have common
naming conventions (i.e. right-of-way—ROW, centerlines—CL, edge-of-pavement—
EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily
understood by county staff. All property information (parcels, lots, and requisite
annotation) shall be drawn on a unique information layer, with all linework
pertaining to the property feature located on that layer. Example: parcels—All lines
that form the parcel boundary will be located on 1 parcel layer. Annotations
pertaining to property information shall be on a unique layer. Example: Lot
dimensions—Lottxt layer.
Updated
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As the changes to Chapter 333, F.S., shifted the responsibility of airspace obstruction review from
the Florida Department of Transportation - Aviation and Spaceports Office (FDOT-ASO) to the
local level, it is important to include the details of how this LDC amendment will be implemented.
Updates to Runway Surfaces and Map Data
In coordination with the Naples Airport Authority (NAA) and the Collier County Airport Authority
(CCAA), this amendment updates the existing Airport Zoning Maps located within Appendix D
of the LDC, as well as Tables 4-8 within LDC Section 4.02.06. Tables 4-8 within LDC Section
4.02.06 provides the primary surface width, horizontal surface radius, approach surface width,
approach surface length, and approach surface height for each of the airports, or airspaces, located
within or adjacent to Collier County and the correlated runway number.
(Image Source: Published FDOT-ASO PowerPoint Chapter 333 FS – Airport Zoning PowerPoint Presentation)
Each of the surface standards described within LDC Section 4.02.06 C.-J., and Tables 4-8, reflect
the federal obstruction standards contained in 14 C.F.R. part 77, subpart C, and are visually
depicted on the maps found within Appendix D. The content within Tables 4-8 were updated due
to the changes in runway numbers and runway types at the different airports, which also had an
impact to location of the various surfaces on the Airport Zoning Maps.
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Exhibit B – Implementation of Airspace Obstruction Review
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Reviewing Obstructions
Per Ch. 333, F.S., an obstruction is defined as follows: An obstruction can be any existing or
proposed object, terrain, or structure that exceeds the federal obstruction standards contained in
14 C.F.R. part 77, subpart C. The term includes:
• Any object of natural growth or terrain;
• 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 the structures
height, including appurtenances, lateral dimensions, and equipment or materials used in
the structure.
The term obstruction, as defined above, references the federal obstruction standards contained in
14 C.F.R. part 77, subpart C, these standards are also incorporated within LDC sections 4.02.06
C-L, and Appendix D. Therefore, staff will be able to compare the height of the proposed
obstruction against the federally mandated standards to determine if an airspace obstruction review
is required. Making this determination will be further aided by the incorporation of the maps
within Appendix D into a layer of the ArcGIS system (pictured below). The ArcGIS system is
utilized by staff during the review process and will allow staff to search a specific address or folio
number and see the contours with reference to the specific obstruction standards.
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As this is a new process, certain safeguards will be implemented to ensure that a building permit
for an airspace obstruction will not be issued without the necessary review. When a building
permit or site development plan application is submitted, the property address and/or folio number
will be linked in CityView to that specific application. Depending on the specific permit type, if
a property is located within the area covered by the Airport Zoning overlay, a property alert and
permit condition will automatically load.
To determine if an airspace obstruction review is required, the assigned staff member will utilize
the site plan, aerial photography, or any other documentation as part of the SDP or building permit,
in conjunction with the Airport Zoning Maps obstruction contours. Additionally, the Federal
Aviation Administration’s (FAA) website has a Notice Criteria Tool to assist in applying the Part
77 Notice Criteria.
Required Correspondence with FDOT-ASO
Pursuant to Ch. 333, F.S., upon receipt of a complete permit application, the local government
shall provide a copy of the application to the Florida Departments of Transportation - Aviation and
Spaceports Office (FDOT-ASO) by certified mail, return receipt requested, or by a delivery service
that provides a receipt evidencing delivery. In lieu of sending FDOT-ASO this information by
certified mail, it has been confirmed that staff may send this information to a dedicated email
address, with a return receipt. This will serve as meeting the intent of Ch. 333, F.S.
Coordination with Naples Airport Authority and Collier County
Airport Authority
During the review of airspace obstructions, staff will coordinate with the applicable airport
authority to determine whether to approve or deny an airspace obstruction based on the
considerations within LDC section 4.02.06 M. If the proposed airspace obstruction is required to
be reviewed as part of a SDP, the applicable airport authority will be contacted after the Pre -
Application Meeting to start the coordination efforts with the applicant, prior to the finalization
and submittal of the proposed plans. If the airspace obstruction is proposed at time of building
permit, the applicable airport authority will be notified at time of review.
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Exhibit C – Chapter 333 Florida Statutes
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CHAPTER 333
AIRPORT ZONING
333.01 Definitions.
333.02 Airport hazards and uses of land in airport vicinities contrary to public interest.
333.025 Permit required for obstructions.
333.03 Requirement to adopt airport zoning regulations.
333.04 Comprehensive zoning regulations; most stringent to prevail where conflicts occur.
333.05 Procedure for adoption of airport zoning regulations.
333.06 Airport zoning regulation requirements.
333.07 Local government permitting of airspace obstructions.
333.09 Administration of airport protection zoning regulations.
333.11 Judicial review.
333.12 Acquisition of air rights.
333.13 Enforcement and remedies.
333.135 Transition provisions.
333.01 Definitions.—As used in this chapter, the term:
(1) “Aeronautical study” means 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 upon the
operation of air navigation facilities and the safe and efficient use of navigable airspace.
(2) “Airport” means any area of land or water designed and set aside for the landing and taking
off of aircraft and used or to be used in the interest of the public for such purpose.
(3) “Airport hazard” means an obstruction to air navigation which affects the safe and efficient
use of navigable airspace or the operation of planned or existing air navigation and communication
facilities.
(4) “Airport hazard area” means any area of land or water upon which an airport hazard might
be established.
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(5) “Airport land use compatibility zoning” means airport zoning regulations governing the use
of land on, adjacent to, or in the immediate vicinity of airports.
(6) “Airport layout plan” means 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.
(7) “Airport master plan” means a comprehensive plan of an airport which typically describes
current and future plans for airport development designed to support existing and future aviation
demand.
(8) “Airport protection zoning regulations” means airport zoning regulations governing airport
hazards.
(9) “Department” means the Department of Transportation as created under s. 20.23.
(10) “Educational facility” means any structure, land, or use that includes a public or private
kindergarten through 12th grade school, charter school, magnet school, college campus, or
university campus. The term does not include space used for educational purposes within a
multitenant building.
(11) “Landfill” has the same meaning as provided in s. 403.703.
(12) “Obstruction” means any existing or proposed object, terrain, or structure construction or
alteration that exceeds the federal obstruction standards contained in 14 C.F.R. part 77, subpart C.
The term includes:
(a) Any object of natural growth or terrain;
(b) Permanent or temporary construction or alteration, including equipment or materials used
and any permanent or temporary apparatus; or
(c) Alteration of any permanent or temporary existing structure by a change in the structure’s
height, including appurtenances, lateral dimensions, and equipment or materials used in the
structure.
(13) “Person” means any individual, firm, copartnership, corporation, company, association,
joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar
representative thereof.
(14) “Political subdivision” means the local government of any county, municipality, town,
village, or other subdivision or agency thereof, or any district or special district, port commission,
port authority, or other such agency authorized to establish or operate airports in the state.
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Exhibit C – Chapter 333 Florida Statutes
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(15) “Public-use airport” means an airport, publicly or privately owned, licensed by the state,
which is open for use by the public.
(16) “Runway protection zone” means an area at ground level beyond the runway end to enhance
the safety and protection of people and property on the ground.
(17) “Structure” means any object constructed, erected, altered, or installed, including, but not
limited to, buildings, towers, smokestacks, utility poles, power generation equipment, and
overhead transmission lines.
(18) “Substantial modification” means any repair, reconstruction, rehabilitation, or improvement
of a structure when the actual cost of the repair, reconstruction, rehabilitation, or improvement of
the structure equals or exceeds 50 percent of the market value of the structure.
History.—s. 1, ch. 23079, 1945; s. 2, ch. 75-16; s. 1, ch. 88-356; s. 70, ch. 90-136; s. 84, ch. 91-
221; s. 482, ch. 95-148; s. 1, ch. 2016-209; s. 21, ch. 2016-239.
333.02 Airport hazards and uses of land in airport vicinities contrary to public interest.—
(1) 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. 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
airport vicinities are public nuisances and injure the community served by the airport in question;
(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 be
prevented; and
(c) That this should be accomplished, to the extent legally possible, by the exercise of the police
power, without compensation.
(2) It is further declared that 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 political subdivisions may raise and expend public funds and acquire land or
property interests therein, or air rights thereover.
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Exhibit C – Chapter 333 Florida Statutes
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History.—s. 2, ch. 23079, 1945; s. 2, ch. 88-356; s. 71, ch. 90-136.
333.025 Permit required for obstructions.—
(1) A person proposing the construction or alteration of an obstruction must obtain a permit from
the department, subject to subsections (2), (3), and (4). However, permits from the department will
be 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 a public-use
airport or military airport.
(2) Existing, planned, and proposed facilities on public-use airports contained in an airport
master plan, in an airport layout plan submitted to the Federal Aviation Administration, or in
comparable military documents shall be protected from airport hazards.
(3) 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; a permit is not required for any necessary replacement or repairs to such
existing structures if the height and location are unchanged.
(4) If political subdivisions have, in compliance with this chapter, adopted adequate airport
protection zoning regulations, placed such regulations on file with the department’s aviation office,
and established a permitting process, a permit for the construction or alteration of an obstruction
is not required from the department. Upon receipt of a complete permit application, the local
government shall provide a copy of the application to the department’s aviation office by certified
mail, return receipt requested, or by a delivery service that provides a receipt evidencing delivery.
To evaluate technical consistency with this subsection, the department shall have a 15-day review
period following receipt of the application, which must run concurrently with the local government
permitting process. Cranes, construction equipment, and other temporary structures in use or in
place for a period not to exceed 18 consecutive months are exempt from the department’s review,
unless such review is requested by the department.
(5) 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.
(6) In determining whether to issue or deny a permit, the department shall consider:
(a) The safety of persons on the ground and in the air.
(b) The safe and efficient use of navigable airspace.
(c) The nature of the terrain and height of existing structures.
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(d) The effect of the construction or alteration of an obstruction on the state licensing standards
for a public-use airport contained in chapter 330 and rules adopted thereunder.
(e) The character of existing and planned flight operations and developments at public-use
airports.
(f) Federal airways, visual flight rules, flyways and corridors, and instrument approaches as
designated by the Federal Aviation Administration.
(g) The effect of the construction or alteration of an obstruction on the minimum descent altitude
or the decision height at the affected airport.
(h) The cumulative effects on navigable airspace of all existing obstructions and all known
proposed obstructions in the area.
(7) When issuing a permit under this section, the department shall require the owner of the
obstruction to install, operate, and maintain, at the owner’s expense, marking and lighting in
conformance with the specific standards established by the Federal Aviation Administration.
(8) The department may not approve a permit for the construction or alteration of an obstruction
unless the applicant submits documentation showing both compliance with the federal requirement
for notification of proposed construction or alteration and a valid aeronautical study. A permit may
not be approved solely on the basis that the Federal Aviation Administration determined that the
proposed construction or alteration of an obstruction was not an airport hazard.
(9) The denial of a permit under this section is subject to administrative review pursuant to
chapter 120.
History.—s. 3, ch. 75-16; s. 3, ch. 88-356; s. 7, ch. 92-152; s. 2, ch. 2016-209; s. 22, ch. 2016-239.
333.03 Requirement to adopt airport zoning regulations.—
(1)(a) Every political subdivision having an airport hazard area within its territorial limits shall
adopt, administer, and enforce, under the police power and in the manner and upon the conditions
prescribed in this section, airport protection zoning regulations for such airport hazard area.
(b) If an airport is owned or controlled by a political subdivision and if any other political
subdivision has land upon which an obstruction may be constructed or altered which underlies any
surface of the airport as provided in 14 C.F.R. part 77, subpart C, the political subdivisions shall
either:
1. By interlocal agreement, adopt, administer, and enforce a set of airport protection zoning
regulations; or
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2. By ordinance, regulation, or resolution duly adopted, create a joint airport protection zoning
board that shall adopt, administer, and enforce a set of airport protection zoning regulations. The
joint airport protection zoning board shall have as voting members two representatives appointed
by each participating political subdivision and a chair elected by a majority of the members so
appointed. The airport manager or a representative of each airport in the affected participating
political subdivisions shall serve on the board in a nonvoting capacity.
(c) Airport protection zoning regulations adopted under paragraph (a) must, at a minimum,
require:
1. A permit for the construction or alteration of any obstruction;
2. Obstruction 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 approval of a permit not be based solely on the determination by the Federal Aviation
Administration that the proposed structure is not an airport hazard.
(d) The department shall be available to provide assistance to political subdivisions regarding
federal obstruction standards.
(2) In the manner provided in subsection (1), political subdivisions shall adopt, administer, and
enforce airport land use compatibility zoning regulations. Airport land use compatibility zoning
regulations shall, at a minimum, address the following:
(a) The prohibition of new landfills and the restriction of existing landfills within the following
areas:
1. Within 10,000 feet from the nearest point of any runway used or planned to be used by turbine
aircraft.
2. Within 5,000 feet from the nearest point of any runway used by only 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. 77.19. Case-by-case review of such
landfills is advised.
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Exhibit C – Chapter 333 Florida Statutes
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(b) Where any landfill is located and constructed in a manner that 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 landfill operator must incorporate bird management
techniques or other practices to minimize bird hazards to airborne aircraft.
(c) Where an airport authority or other governing body operating a public-use airport has
conducted a noise study in accordance with 14 C.F.R. part 150, or where a public-use airport owner
has established noise contours pursuant to another public study approved by the Federal Aviation
Administration, the prohibition of incompatible uses, as established in the noise study in 14 C.F.R.
part 150, Appendix A or as a part of an alternative Federal Aviation Administration-approved
public study, within the noise contours established by any of these studies, except if such uses are
specifically contemplated by such study with appropriate mitigation or similar techniques
described in the study.
(d) Where an airport authority or other governing body operating a public-use airport has not
conducted a noise study, the prohibition of residential construction and any educational facility,
with the exception of aviation school facilities, within an area contiguous to the airport measuring
one-half the length of the longest runway on either side of and at the end of each runway centerline.
(e) The restriction of new incompatible uses, activities, or substantial modifications to existing
incompatible uses within runway protection zones.
(3) Political subdivisions shall provide a copy of all airport protection zoning regulations and
airport land use compatibility zoning regulations, and any related amendments, to the department’s
aviation office within 30 days after adoption.
(4) Subsection (2) may not 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
facility or site in existence on July 1, 1993.
(5) This section does not prohibit an airport authority, a political subdivision or its administrative
agency, or any other governing body operating a public-use airport 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.
History.—s. 3, ch. 23079, 1945; s. 4, ch. 75-16; s. 4, ch. 88-356; s. 72, ch. 90-136; s. 8, ch. 92-
152; s. 10, ch. 93-164; s. 1, ch. 94-201; s. 958, ch. 95-148; s. 971, ch. 2002-387; s. 3, ch. 2016-
209; s. 23, ch. 2016-239.
333.04 Comprehensive zoning regulations; most stringent to prevail where conflicts occur.—
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(1) INCORPORATION.—In the event that a political subdivision has adopted, or hereafter
adopts, a comprehensive plan or policy regulating, among other things, the height of buildings,
structures, and natural objects, and uses of property, any airport zoning regulations applicable to
the same area or portion thereof may be incorporated in and made a part of such comprehensive
plan or policy, and be administered and enforced in connection therewith.
(2) CONFLICT.—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 political subdivision that adopted the airport zon ing
regulations or by some other political subdivision, the more stringent limitation or requirement
shall govern and prevail.
History.—s. 4, ch. 23079, 1945; s. 4, ch. 2016-209; s. 24, ch. 2016-239.
333.05 Procedure for adoption of airport zoning regulations.—
(1) NOTICE AND HEARING.—Airport zoning regulations may not be adopted, amended, or
repealed under this chapter except by action of the legislative body of the political subdivision or
affected subdivisions, or the joint board provided in s. 333.03(1)(b)2. by the political subdivisions
therein provided and set forth, after a public hearing in relation thereto, at which parties in interest
and citizens shall have an opportunity to be heard. Notice of the hearing shall be published at least
once a week for 2 consecutive weeks in a newspaper of general circulation in the political
subdivision or subdivisions where the airport zoning regulations are to be adopted, amended, or
repealed.
(2) AIRPORT ZONING COMMISSION.—Before the initial zoning of any airport area under
this chapter, the political subdivision or joint airport zoning board that is to adopt, administer, and
enforce the regulations must appoint a commission, to be known as the airport zoning commission,
to recommend the boundaries of the various zones to be established and the regulations to be
adopted therefor. Such commission shall make a preliminary report and hold public hearings
thereon before submitting its final report, and the legislative body of the political subdivision or
the joint airport zoning board may not hold its public hearings or take any action until it has
received the final report of such commission, and at least 15 days shall elapse between the receipt
of the final report of the commission and the hearing to be held by the latter board. If a planning
commission, an airport commission, or a comprehensive zoning commission already exists, it may
be appointed as the airport zoning commission.
History.—s. 5, ch. 23079, 1945; s. 74, ch. 90 -136; s. 23, ch. 90-279; s. 39, ch. 95-143; s. 5, ch.
2016-209; s. 25, ch. 2016-239.
333.06 Airport zoning regulation requirements.—
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(1) REASONABLENESS.—All airport zoning regulations adopted under this chapter shall be
reasonable and may not impose any requirement or restriction which is not reasonably necessary
to effectuate the purposes of this chapter. In determining what regulations it may adopt, each
political subdivision and joint airport zoning board shall consider, among other things, the
character of the flying operations expected to be conducted at the airport, the nature of the terrain
within the airport hazard area and runway protection zones, the character of the neighborhood, the
uses to which the property to be zoned is put and adaptable, and the impact of any new use, activity,
or construction on the airport’s operating capability and capacity.
(2) INDEPENDENT JUSTIFICATION.—The purpose of all airport zoning regulations adopted
under this chapter is to provide both airspace protection and land uses compatible with airport
operations. Each aspect of this purpose requires independent justification in order to promote the
public interest in safety, health, and general welfare. Specifically, construction in a runway
protection zone which does not exceed airspace height restrictions is not conclusive that such use,
activity, or construction is compatible with airport operations.
(3) NONCONFORMING USES.—An airport protection zoning regulation adopted under this
chapter may not require the removal, lowering, or other change or alteration of any obstruction not
conforming to the regulation when adopted or amended, or otherwise interfere with the
continuance of any nonconforming use, except as provided in s. 333.07(1) and (3).
(4) ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO AFFECTED LOCAL
GOVERNMENTS.—An airport master plan shall be prepared by each public-use airport licensed
by the department under chapter 330. The authorized entity having responsibility for governing
the operation of the airport, 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, an airport master plan, or any amendment to
an airport master plan, shall submit simultaneously a copy of said request, submittal, assessment,
study, plan, or amendments by certified mail to all affected local governments. As used in this
subsection, the term “affected local government” is defined as any municipality or county having
jurisdiction over the airport and any municipality or county located within 2 miles of the
boundaries of the land subject to the airport master plan.
History.—s. 6, ch. 23079, 1945; s. 75, ch. 90-136; s. 76, ch. 2002-20; s. 6, ch. 2016-209; s. 26, ch.
2016-239.
333.07 Local government permitting of airspace obstructions.—
(1) PERMITS.—
(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
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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, or than it is when the application for a
permit is made.
(b) If the political subdivision or its administrative agency determines 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 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 may report the violation to the political
subdivision involved, which subdivision, through its appropriate agency, may proceed to have the
obstruction so lowered, removed, reconstructed, altered, or equipped and assess the cost and
expense thereof upon the owner of the obstruction or the land whereon it is or was located.
(2) CONSIDERATIONS WHEN ISSUING OR DENYING PERMITS.—In determining
whether to issue or deny a permit, the political subdivision or its administrative agency must
consider the following, as applicable:
(a) The safety of persons on the ground and in the air.
(b) The safe and efficient use of navigable airspace.
(c) The nature of the terrain and height of existing structures.
(d) 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.
(e) The character of existing and planned flight operations and developments at public-use
airports.
(f) Federal airways, visual flight rules, flyways and corridors, and instrument approaches as
designated by the Federal Aviation Administration.
(g) The effect of the construction or alteration of the proposed structure on the minimum descent
altitude or the decision height at the affected airport.
(h) The cumulative effects on navigable airspace of all existing structures and all other known
proposed structures in the area.
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(i) Additional requirements adopted by the political subdivision or administrative agency
pertinent to evaluation and protection of airspace and airport operations.
(3) OBSTRUCTION MARKING AND LIGHTING.—In issuing a permit under this section, the
political subdivision or its administrative agency shall require the owner of the obstruction 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.
History.—s. 7, ch. 23079, 1945; s. 5, ch. 88-356; s. 76, ch. 90-136; s. 483, ch. 95-148; s. 33, ch.
2016-10; s. 7, ch. 2016-209; s. 28, ch. 2016-239.
333.09 Administration of airport protection zoning regulations.—
(1) ADMINISTRATION.—All airport protection zoning regulations adopted under this chapter
shall provide for the administration and enforcement of such regulations by the political
subdivision or its administrative agency. The duties of any administrative agency designated
pursuant to this chapter must include that of hearing and deciding all permits under s. 333.07, as
they pertain to such agency, and all other matters under this chapter applying to said agency.
(2) LOCAL GOVERNMENT PROCESS.—
(a) A political subdivision required to adopt airport zoning regulations under this chapter shall
provide a process to:
1. Issue or deny permits consistent with s. 333.07.
2. Provide the department with a copy of a complete application consistent with s. 333.025(4).
3. Enforce the issuance or denial of a permit or other determination made by the administrative
agency with respect to airport zoning regulations.
(b) If a zoning board or permitting body already exists within a political subdivision, the zoning
board or permitting body may implement the airport zoning regulation permitting and appeals
processes.
(3) APPEALS.—
(a) A person, a political subdivision or its administrative agency, or a joint airport zoning board
that contends a decision made by a political subdivision or its administrative agency is an improper
application of airport zoning regulations may use the process established for an appeal.
(b) All appeals taken under this section must be taken within a reasonable time, as provided by
the political subdivision or its administrative agency, by filing with the entity from which the
appeal is taken a notice of appeal specifying the grounds for appeal.
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(c) An appeal shall stay all proceedings in the underlying action appealed from, unless the entity
from which the appeal is taken certifies pursuant to the rules for appeal that by reason of the facts
stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In
such cases, proceedings may not be stayed except by order of the political subdivision or its
administrative agency on notice to the entity from which the appeal is taken and for good cause
shown.
(d) The political subdivision or its administrative agency shall set 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, by agent, or by
attorney.
(e) The political subdivision or its administrative agency may, in conformity with this chapter,
affirm, reverse, or modify the decision on the permit or other determination from which the appeal
is taken.
History.—s. 9, ch. 23079, 1945; s. 8, ch. 2016-209; s. 30, ch. 2016-239.
333.11 Judicial review.—
(1) Any person, political subdivision, or joint airport zoning board affected by a decision of a
political subdivision or its administrative agency may apply for judicial relief to the circuit court
in the judicial circuit where the political subdivision is located within 30 days after rendition of
the decision. Review shall be by petition for writ of certiorari, which shall be governed by the
Florida Rules of Appellate Procedure.
(2) The court has exclusive jurisdiction to affirm, reverse, or modify the decision on the permit
or other determination from which the appeal is taken and, if appropriate, to order further
proceedings by the political subdivision or its administrative agency. The findings of fact by the
political subdivision or its administrative agency, if supported by substantial evidence, shall be
accepted by the court as conclusive, and an objection to a decision of the political subdivision or
its administrative agency may not be considered by the court unless such objection was raised in
the underlying proceeding.
(3) If airport zoning regulations adopted under this chapter 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.
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(4) A judicial appeal to any court may not be permitted under this section until the appellant has
exhausted all of its remedies through application for local government permits, exceptions, and
appeals.
History.—s. 11, ch. 23079, 1945; s. 43, ch. 63-512; s. 7, ch. 88-356; s. 485, ch. 95-148; s. 9, ch.
2016-209; s. 32, ch. 2016-239.
333.12 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; the approach protection
necessary cannot, because of constitutional limitations, be provided by airport zoning regulations
under this chapter; or it appears advisable that the necessary approach protection be provided by
acquisition of property rights rather than by airport zoning regulations, the political subdivision
within which the property or nonconforming obstruction is located, or the political subdivision
owning or operating the airport or being served by it, 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 or such interest in
the air above such property, in question, as may be necessary to effectuate the purposes of this
chapter, and in so doing, if by condemnation, to have the right to take immediate possession of the
property, interest in property, air right, or other right sought to be condemned, at the time, and in
the manner and form, and as authorized by chapter 74. In the case of the purchase of any property,
easement, or estate or interest therein or the acquisition of the same by the power of eminent
domain, the political subdivision making such purchase or exercising such power shall, in addition
to the damages for the taking, injury, or destruction of property, also pay the cost of the removal
and relocation of any structure or any public utility that is required to be moved to a new location.
History.—s. 12, ch. 23079, 1945; s. 10, ch. 2016-209; s. 33, ch. 2016-239.
333.13 Enforcement and remedies.—
(1) Each violation of this chapter or of any airport zoning regulations, orders, or rulings adopted
or made pursuant to this chapter shall constitute 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 shall constitute
a separate offense.
(2) In addition, the political subdivision or agency adopting the airport zoning regulations under
this chapter may institute in any court of competent jurisdiction an action to prevent, restrain,
correct, or abate any violation of this chapter or of airport zoning regulations adopted under this
chapter 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
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effectuate the purposes of this chapter and of the regulations adopted and orders and rulings made
pursuant thereto.
(3) The department may institute a civil action for injunctive relief in the appropriate circuit court
to prevent violation of any provision of this chapter.
History.—s. 13, ch. 23079, 1945; s. 232, ch. 71-136; s. 5, ch. 75-16; s. 11, ch. 2016-209; s. 34, ch.
2016-239.
333.135 Transition provisions.—
(1) Any airport zoning regulation in effect on July 1, 2016, which includes provisions in conflict
with this chapter shall be amended to conform to the requirements of this chapter by July 1, 2017.
(2) Any political subdivision having an airport within its territorial limits which has not adopted
airport zoning regulations shall, by July 1, 2017, adopt airport zoning regulations consistent with
this chapter.
(3) For those political subdivisions that have not yet adopted airport zoning regulations pursuant
to this chapter, the department shall administer the permitting process as provided in s. 333.025.
History.—s. 12, ch. 2016-209; s. 35, ch. 2016-239.
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