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Ordinance 77-53ORDINANCE NO. 77-53 .AN ORDINANCE AKENDING ORDINANCE NO. 74-15 T~E ZONING REGULATIOSS FORT HE IMMOKALEE AR~A PLANNING DISTRICT BY ADDING A NEW SECTION 12 SPECIAL REGULATIONS ~OVERNING ~AtAPDS l~ AND AROUND THE Z~,~rOKALEE AIRRORT(ED SCOTT,AI~ FIELD) AND PROVIDING AN EFFECTIVE DATEz W~EREAS,The I,~okalee Area Planning Commission petitioned the ~oard of County Commissioners of Collier County,Florida, to emend Ordinance 74-15 as described hsreinbelow; NOW,THE~FORE BE IT ORDAINED BY THE BOAR~ OF COU~ CO~MI~SIOHE~t8 OF CO~IER CO~,~DA~ ~ ~ ~ ~ ssc~zoN o~, ~ ~ ~ ~ '~e Zo~nq ~latio~,O~n~ ~o. 74~ th~l~kalee Area Pla~in~ .Dls~lc~ ~e hereby ~nded as desc~ her~b~s aDD SE~I~ 12 - SP~I~ ~TIO~S FOR SPECIFIE~A~A IN MD ~O~ ~ I~K~E AI~O~ (ED SC~T ~IELD) ~ ADDIN~ A ~ SE~I~ 12. 1. Intent and Purpoeg~ Certain areas in and around Collier County,Florida,require special regulation to prevent hazards whiah endanger the lives and property o£ users of the airports and of occupants of land in their vicinity and ~hioh,if of the obetr~ction type,reduce the size of the area available for the landing,taking off, and maneuv~ring of aircraft,thus tending to destroy or utility of ~ af~r~ and it 1. hereb7 deola~ ~att A. That the creation O= establish~nt of an airport obst~lo~l~ served by Xmmokalee A~rport.(X~ Scott Airfield). B. That it is necessary in the interest of the public health,public safety,and general welfare that the creation of airport obstructions and structures be prevented~ C. That it is necessary in the interest of the public health and general welfare that the establishment of incompatible land uses be prevented in the areas defined as the CNR 100 contour (ASDS 85 dBA) noise area and/or the accident potential hazard area~ and D. That the prevention of these obetruct'ions,struc~uree 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 applicabl~ to land zoned as indicated in the Official ~oning Atlas,Ordinance ?4-14,the following regulations are.. additionally applicable to lands in the Imz~okalee Area Planning District in the vicinit~ of the Immokalee Airport (Ed Scott) as indicated on the Airport Zoning Maps Ordinance No. 74-14 of Collier County. Lands lying within various sones as indicated on the Airport Zoning Maps are subject to the additional regulations se t out in this section. 2. Definitions: As used in this Section,unless the context otherwise re.suites, A. AIRPORT - X~mokalee Airport (Ed Scott Airfield) B. AIRPORT ELEVATIO~ - The highest ~oint of an airport*s usable landing area measured in feet above mean sea level. C. AIRPORT OBSTRUCTION - AnF Structure or object of natural growth or use of land which would excee~ the federal obstruction standards as contained in 14 CFR ss. 77.21,22.23,77.25 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. D~ AIRSPACE ~EI~T - To determine the height limits in all zones set forth in this ordinance,the datum shall be mean sea level elevation (~SL) unless otherwise specified. E. RUNWAY - A defined area on a~ airport prepared for landing and takeeff of aircraft along its length. F. VISUAL PNNNAY - A runway in~ended solely for the operation of aircraft using Visual approach'procedures 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. ' G. UTILITY RUNWAY - A runway that is constructed for and lntende~ to be used by propeller driven air-craft of 12,500 pounds naximum gross weight and less. H. STRUCTURE - Any object,constructed or installed by man,including but not limited toz buildings,towers,smok~ stacks,utility ~olee and ove~aad transmission lines. "'' I. ZONING ADMTNISTRATO~ - The administrative of£1oe or aqencF re-ponlihle for a~nllterin~ zoning within the I~okalee ~ea Planning Dl~trict. d. ~CO~FO~IBO USE - ~n2 pre-axiatinq et~cture,ob~ect o~ ~tural growth or uae o~ land which le lnconaletent ~th the p~vialone off this Ordinance,or ~n~en~ ~ereto. x. ACCID~ P~ItL R~ A~ - ~ area ~ithin ~000 fleet o~ appr~ch or' departure end of a ~a~ or tn p~x~l~ ~ an which aircraft ma~ ~ver affter tak~f~ or before Ian~ a~ a~ sub,eot to the ~reateat ~t~tial ~ c~aeh into a a~oture or 9round. In order to ca~ out ~e proviaio~ o~ ~ta ordi~nce,~a~ are hereby created,and eat~liehed certain zones which inclose all o~ land l~ing beneath ~e a~roach,tranaltional,ho~izontal and ~nical aurffacea as the2 apply to a particular a~rt. Such zones ~e on ~e I~okalee (:d Scott).Zoninq ~pe ~ich are at.chad ~ this Ordinance and made a part -her~. ZO~X~ ~ X~ X~gle'e' ~t~ort (Ed Scott lir~ield~ ~n area located in ~re ~an one o~ ~e ~e~or~ed zonea ia ~aide~ to ~ onl~ ~ the :one with ~e more ~ea~lcti~ heiqht l~tion. The varioue zones ~e he~e~ eetabli~h~ ~d de~in~ ae Xl~k~lee ~i~2 (Ed Scott I. ~lic civil ~~ ~ei~ht (1) Prima~ ~o~e - ~ area lonqitudin~ll~ cente~ on a extendinq 200 fleet he.nd each end o~ that ~ wl~ wid~ ~o specified ~or each r~ ~or ~e ~.t precise approach exiaitinq or planned flor eider end o~ hhe ~a~. No st~cture or obstruction will be pe~itt~ within ~e prima~ zone,that ia not part o~ the landin9 and off~ area,and Aa o~ a qreater heiqht ~an the nearest ~lnt on ~e ~nwaM centerllne. The width of ~e pri~ zone as follows: 250 ~eet ~or utility ~nwa~e havi~q onlF visual approaches. ~e width of .the prima~ zone o~ a r~way will ~ ~at width prescribed in 'this section for the ~st'preciae approa~ I I I ! I I existing or planned for either mhd of that runway. NO ltrUcture or cbstr~ction will be permitted within the 9rimary zone, that is not part of the landing and take-off facllitiel and ia of a greater height than the nearest point on the runway center-line. (2) Horizontal Zone - The area around each civil airport with an outer boundary the perimeter of which is oonstr~oted by swinging lrO1 of specified ra41i from tht oen~ar of each end of ~he primary lone for each airport's runway and conneoting ~he adjacent arcs hF lines tangent to ~hose arcs. The radiu~ of each sro is: 5,000 feet for all ~unwaya designated aa ~tillty or visual. No structure or obstruction will ~e permitted in the horizon~al zone that has a height greater ~hem 150 feet above the airport height. ¢3) Conical Zone - The area extandin~ ou~war~ from the periphery of the horizontal zone for & distance of 4,000 feet. ~eight limitation~ for structures in the comical zone a~e 150 feet aho~e airport height at the inner boundar~ with pe~mitte~ height lncreaein~ one foot vertically for ever~ 20 feet of horizontal distance measured outward ~rom the inner boundary to a height of ~50 ~eet above airport heigh~ at the outer boundary. (~) lpproach Zone - ~n area longitudinall~ centered on ~he extende~ ~un~a¥ centerline and extending ou~ar~ ~rom each end of ~l~e primary surface. ~n approach zone ii deel~nated for each based upon the type of approach available or planned for ~hat runway end. Ca) The inner edge of ~he approach zone ia ~he same vid~ as the primary zone and it expands unl£ormly to a width 1,250 feet for ~hat end of a u~ilitF ~nway wi~h only visual approcchea. Ch) The approach surface extends for a horizontal distance 5,000 feet for all utility and visual runways. Cc) The outer width o~ an approach zone to an end of a runwaM will he ~hat width prescribed in this au~sec~ion for the moat precise approach existing or planned for that rurm~a¥ end. Cd) Permitted height limitation within ~he approach zones in the same as the runway end height at ~he inner edge and increases wi~h horiaontal distance outward from the inner edge as followe, Permitted height increases one foot vertically for every 20 feet horizontal distance for all utility and visual runways ($) Transitional Zone - The area extending outward from the sides of the primar~ zones and approach zones connecting then to horizontal zone. ~eight limits within the transitional zone are the same as the pr£mar~ zone or approach zone at the boundary line where it adjoins and increases st a rite of one ~oot vertically ~or every leven feet horizontally,with the horizontal distance measur~ at right angles to the runway certerline and exe~nde~ centerline,unttl the height matches the height of the horizontal zone or conics1 zone or for a horizontal distance o~ 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 in paragraph 1 through 5 above,no structure or obstruction will be permitted within Collier County that would cause minimum obstruction clearance altitude,a minimum descent altitude or a decision height to be raised. 4. Airport and Land Use Rastrictio~s~ A. Use R~strl=tionl: Notwithst_nding any other provision of thisOrdinance,n~use may be made of land or water within anF zones thl= ordinance in such a manner as to in~erfere with the operation o~ an airborne aircraft. The following special requirements shall appl~ to each permitted use: (1) All l~ghts or illumination used in conjunction with street, parking,signs or use of land and structures she1! arranged and operated in such a manner that it is not misleading or dangeIous to aircraft operating from public airport or in vicinity thereof. (2) No operations from any tvpe shall produce smoke,glar~ or other visual hazards within three (3) statute miles of any usable runway of a public resort. (3) No operations from any type shall produce electronic ~nter- ~erence with naviqat~on signals or radio c~mmunicat~on Ii ..... II !1 between the airport and aircraft. (4) Use o~ land within the accident potential hazard area shall prohibit high density residential use,schools,hospitals, storage of explosive material,asaembla,e of large groups of people or any other use that could produce a major catastrophe ~a a result ok an aircraft crash. .B. Lighting, No~withstanding the proceding provisions of this Section,the owner of an s~ructure over 200 feet above qround level shall install lighting in accordance with Federal Aviation Administration Advisory CircuLar 70-7460-1 and A~endmanta thereto on such structure. Additionally,high intensity White obstruction lights shall be installed on a high structure Which excoe~a 749 feet above mean sea level. The high intensity white obstruction ligh~ must be in accordance with Federal Aviation Administration Advisory Circular 70-7460-1 and Amendments. C. 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 Boa~xl of Adjustment for a variance from such regulations. No applioatton for variance to the requirements of this Ordinance may be considered by the Board of Adjustment unless a copy of the ar,~lication has been furnished to the appropriate zoning administrator. D. Hazard Markin~ and Lighting: Any permit or variancw'granted shall require the owner ~omark and light the s~ruoture in accordance with FAA Advisory CircuXar 70/7460-! .'or subsequent revisions. The permit may he conditioned to permit Collier County as its operate and maintain such ~ark may he necessary to indicate to o~ an airspace hazard if special warrant. E. Airport Noise Zones: No person shall sell,lease or offer to sell or lease any land within the airport noise zone (i00 CN~ 8SdBA contour) unless the prospective buyer or lessee has been given the following notice in writing: 'Noise Warning - this land lies beneath the airora£t approach and aaparture routes for Immokalee Airport (Ed Scott Airfield} objectionable". SECTION TWO~ This Ordinance shall become e£fective upon receipt o~ notice that it has been filed with the Secretary. of.State. Da~e, 0c~ober 2~, 1977 BOARD OF COUN%~ COMMISSIONERS :~ AND LEC~LI~"Z~ DO~m-A i ' pI~WORT~, C~Lr~TY ATTOrNeY STATE OF FLORIDA ) COU~T~ OF COLLIER ) Jud,_~!,~_IA~._J._.K~..~%N,_Cle~k o~.Cov~=s ~n and for Che~=ie~h _. -~a~ ~c, c?A~xer ~, ~or~a, do hereby certify =~e zo~e~'.x~ za a ~a o=~xnaA of ~n~ce l~o. 7~-~3 w~b was aa~ed by ~he Board of C~ C~iuo~er~ ~=i~ ~la= Sessi~ ~ob~ 25, 197~. ~SS ~ ~nd ~d ~he official seal off ~ha Board C~issi~ero off Collier C~, Florida, ~his 31sc d~ of October, 1977. WILL~J. Clerk of Cour~o and Clerk Ex-o~ficio ~o ~ard o~ Co~y ~ .J. ~'~ ' .., .~. ,., This ordinance filed with the Secretary of State's offf~ the 2nd day of Nove~er, 19~7 and acknowled~ent of tha~.~ filing received this 4th Day of November, 1~-7. '~".? .':-'.~..,"~' $'. .......... Depue~Clerk ''~ -7- 007