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Ordinance 77-40 ORDINANCE NO, 77- 40 AN ORDINANCE AMENDING ORDINANCE 76-30 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNIN- CORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY ADDING A NEW SECTION 10 PART II - SPECIAL REGULATIONS GOVERNING HAZARDS IN AND AROUND EVERGLADES, AERO OASIS AND MARCO ISLAND AIRPORTS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Coastal Area Planning Commission petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance 76-30 as described hereinbelow; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COM- MISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Comprehensive Zoning Regulations, Ordinance 76-30, of the Coastal Area Planning District are hereby amended as described hereinbelow: AMEND SECTION 10 - SPECIAL REGULATIONS FOR SPECIFIED AREAS IN AND AROUND NAPLES AIRPORT BY ADDING A NEW PART II - SPECIAL REGULATIONS PREVENTING HAZARDS IN AND AROUND EVERGLADES, AERO OASIS, AND MARCO ISLAND AIRPORTS: Section 10. Part II Special Regulations Preventing Hazards in and Around Everglade., Aero Oasis and Marco Island Airports 1. Intent and Purpose Certain areas in and around Collier County, Florida, require special regulation to prevent hazards which endanger the lives and property of users of the airports and of occupants of land in their vicinity and which, if oz the obstruction type, reduce the size of the area available for the landing, ~ ~aking off and maneuvering of aircraft _~]~s t~ding destroy or impair the utilit, of the >. ~.- ~';~tte public investment therein. According~t.~, ~-~ ~' keby declared that: -= ~ ~ That the creation or establishment ~ an.~rp~d~t ~- obstruction is a public nuisance and an injury to the region within Coastal Area Planning District served by Everglades, Aero Oasis, and Marco Island Airports. That it is necessary in the interest of public health, public safety, and general welfare that the creation of airport obstructions and structures C. That it is necessar7 in the in~erest of the public health and general welfare that the establishment of incompatible land uses be prevented in the areas defined as the CNI{ 100 contour (ASDS 85 dBA) noise area and/or the' accident potential hazard area; and D. That the prevention of these obstructions, structures and incompatible land uses should be accomplished to the extent legally possible, by the exercise of the police power without compensation. E. In addition to the regulations applicable to land zoned as indicated in the Official Zoning Atlas, the following regulations are additionally applica- ble to lands in the Coastal Area Planning District in the vicinity of the Everglades, Aero Oasis and Marco Island Airports as indicated on the Airport Zoning Maps of Collier County. Land, lying within various zones as indicated on the Airport Zoning Maps are subject to the additional regulations set out in this section. Definitions As used in this Section, unless the context otherwise requires: A. AIRPORT - Everglades, Aero Oasis and Marco Island Airport B. AIRPORT ELEVATION - The highest point of an airport's usable landing area measured in feet above mean sea level. C. AIRPORT OBSTRUCTION - Any structure or object of natural growth or use of land which would exceed the federal obstruction standards as contained in 14 CFR ss. 77.21, 77.23, 77.25 and 77.28 or which obstructs the airspace required for flight of aircraft in landing and take-off at an airport or is otherwise hazardous to such landing and take- off of aircraft. K AIRSPACE HEIGHT - To determine the height limits in all zones set forth in this ordinance, the datum shall be mean sea level elevation (AMSL) unless otherwise specified. RUNWAY - A defined area on an airport prepared for landing and takeoff of aircraft along its length. VISUAL RUNWAY - A runway intended solely for the operation of aircraft using visual approach pro- cedures with no straight-in instrument approach procedure and no instrument designation indicated on a FAA approved airport layout plan, a military services approved military airport layout plan, or by any planning document submitted to the FAA by competent authority. UTILITY RUNWAY - A runway that is constructed for and intended tO be used by propeller driven air- craft of 12,500 pounds maximum gross weight and less. STRUCTURE - Any object, constructed or installed by man, including but not limited to: buildings, towers, smoke stacks, utility poles and overhead transmission lines. ZONING ADMINISTRATOR - THe administrative office or agency responsible for administering zoning within the Coastal Area Planning District. NONCONFORMING USE - Any pre-existing structure, object of natural growth or use of land which is inconsistent with the provisions of this Ordinance, or amendments thereto. ACCIDENT POTENTIAL HAZARD AREA - An area within 5000 feet of the approach or departure end of a runway or in proximity to an airport which aircraft may maneuver after takeoff or before landing and are subject to the greatest potential to crash into a structure or the ground. ~irport Zones an~ Airspace ltei~ht In order ~o carry out ~he provisions of this ordinance, there are hereby created, and established certain zones which includes all of the land lyin~ beneath the approach, transitional, horizontal and conical surfaces as they apply to a particular airport. Such zones are shown on the Everglades, Aero Oasis and Marco Island Airports Zonin~ Maps which are attached to this Ordinance and made a part hereof. Zoning Map .A Zonin~ Map B Zoning Ma~ C Marco Island Everglades Aero Oasis Airport Airport Airport An area located in more than one of the described zones is considered to be only in the zone with the more restr'ictive height limitation. The various zones are hereby es~ablished and defined as follows: Marco Island, Everglades and Aero Oasis Airports. A. Public Civil Airport HeiKht Zones and Limitations (1) Primary Zone - An area longitudinally centered on a runway, extending 200 feet beyond each end of that runway with the width so specified for each runway for the most precise approach existing or planned for either end of the runway. No structure or obstruction will be permitted within the p~imary zone, that is not part of the landing and take-off area, and is of a greater height than the nearest point on the runway centerline. The width of the primary zone is as follows: Everglades and Aero Qasis Airports 250 feet for utility runways having only visual approaches. Marco Island Airport 500 feet for visual runways having only visual approaches. The width of the primary zone of a runway will be that width prescribed in this section for the most precise approach existing or planned for either end of that runway. 007 No structure or obstruction will be permitted within the primary zone, that is not parc of the landing and take-off facilities and is of a greater height than the nearest point on the runway center- line. (2) (3) (4) Horizontal Zone - The area around each civil airport with an outer boundary the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary zone of each airport's runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is: ~ Marco Island and Aero Oasis 5,000 feet for all runways designated as utility or visual. No structure or obstruction will be permitted in the horizontal zone that has a height greater than 150 feet above the airport height. Conical Zone - The area extending outward from the periphery of the horizontal zone for a distance of 4,000 feet. Height limitations for structures in the conical zone are 150 feet above airport height at the inner boundary with permitted height increasing one foot ~ertically for every 20 feet of horizontal distance measured outward from the inner boundary to a height of 350 feet above airport height at the outer boundary. Approach Zone - An area longitudinally centered on the extended runway centerline and extending outward from each end of the primary surface. An approach zone is designated for each ,. runway based upon the type of approach available or planned for that runway end. (5) (a) The inner edge of the approach zone is the same width as the primary zone and ic expands uniformly Co a width of: ~veratades and Aero Oasis Airports 1,250 fee~ for ChaC end o£ a utility runway with only visual approaches. Marco Island 1,500 feet for =haC end of a runway ocher than a utility runway with only visual approaches (b) The approach surface extends for a hori- zontal distance of: 5,000 feec for all u=iliCy and visual runways. (c) The outer width of an approach zone co an end of a runway will be chat wid=h prescribed in chis subsection for the mos= precise approach existing or planned for chaC runway end. (d) Permit=ed height limitation within the approach zones is the same as the runway end height aC the inner edge and increases with horizontal distance outward from the inner edge as 'follows: Ever;ladesr Marco Island and Aero Oasis Airports Permitted height increases one foot vertically for every 20 feec horizontal distance for all utility and visual runways Transitional Zone - The area exCendin$ outward from the sides of the primary zones and approach zones connecting then to the horizontal zone. tteighc limits within the transitional zone are the same as the primary zone or approach zone ac the boundary line where adjoins and increases ac a rate o~ one vertically ~or every seven ~eeC horizontally, 007 with the horizontal distance measured at right angles to the runway centerline and extended certerline, until the height matches the height of the horizontal zone or conical zone or for a horizontal distance of 5,000 feet from the side of the part of the precision approach zone that extends beyond the conical zone. (6) Other Areas - In addition to the height limitations imposed in paragraph 1 through 5 above, no structure or obstruction will be permitted within Collier County chat would cause a minimum obstruction clearance altitude, a minimum descent altitude or a decision height to be raised. Airport and Land Use Restrictions A. Use Restrictions Notwithstanding any other provision of this Ordinance, no use may be made of land or water within any zones established by this Ordinance in such a manner as to interfere with the operation of an airborne aircraft. The following special require- ments shall apply to each permitted use: (1) Ail lights or illumination used in conjunction with street, parking, signs or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from a public airport or in vicinity thereof. (2) No operations from any type shall produce smoke, glare or other visual hazards within three (3) statute miles of any usable runway of a public airport. (3) No operations from any type shall produce '~! electronic interference with navigation signals or radio communication between the airport and aircraft. - 7 ~f 9 007 2,07 '.';' Bo D° (4) Use of land~ithin the accident potential hazard area shall prohibit high density resi- dential use, schools, hospitals, storase of explosive material, assemblage of large groups of people or any other uae that could produce a major catastrophe as a result of an aircraft crash. LiKhtin~ Notwithstanding the preceding provisions of this Section, the owner of any structure over 200 feet above ground level shall install lighting in accordance with Federal Aviation Administration Advisory Circular 70-7460-1 and Amendments thereto on such structure. Additionally, high intensity white obstruction lights shall be installed on a high structure which exceeds 749 feet above mean sea level. The high intensity white obstruction lights must be in accordance with Federal Aviation Administration Advisory Circul,r 70-7460-1 and Amendments. Variances Any person desiring to erect or increase the height of any structures, or use his property not in accordance with the regulations prescribed in this Ordinance, may apply to the Board of Adjustment for a variance from such resulations. No application for variance to the requirements of this Ordinance may be considered by the Board of Adjustment unless a copy of the application has been furnished to the appropriate zoning administrator. Hazard Marking and Lighting Any permit or variance granted shall require the owner to mark and light the structure in accordance with FAA Advisory Circular 70/7460-1 or subsequent revisions. The permit may be conditioned to [}07 Or~ 0 ~ ~0 ~ SECTION ~O: permit Collier County at ica own expense to install, operate and maintain such markers and lights as may be necessary to indicate to pilots the presence of an airspace hazard if special conditions so warrant, Airport Noise Zones h No person shall sell, lease or offer to sell or lease any land within the airport noise zone (100 CNK 85dBA contour) unless the prospective buyer or lessee has been given the following notice in writing: "Noise Warning - this land lies beneath the aircraft approach and departure routes for Marco Island, Everglades, and Aero Oasis Airports and is subject to noise chat may be objectionable". This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. DATE: August 16, 1977 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing true original of Ordinance No. 77-40 which was adopted by the Board of C~ty Commissioners during Regular Session of August WITNESS myhhand and the official seal of t~e~'.~ ~,ounty Commissio~ers of Collier County, Florida, this 17th day of Au~hs_~_~'l~7.?