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<br />COUNTY ATTORNEY'S OFFICE
<br />INDIAN RIVER COUNTY
<br />1801 27th Street
<br />Vero Beach, Florida 32960
<br />3120170040665
<br />RECORDED IN THE PUBLIC RECORDS OF
<br />JEFFREY R SMITH, CLERK OF COURT
<br />INDIAN RIVER COUNTY FL
<br />BK: 3040 PG: 1167 Page 1 of 5 7/13/2017 10:24 AM
<br />INTERLOCAL AGREEMENT BETWEEN T.
<br />CITY OF SEBASTIAN AND INDIAN RIVER COMFY.'
<br />AIRPORT ZONING REGULATIONS
<br />CHAPTER 333 FLORIDA STATUTES
<br />THIS INTERLOCAL AGREEMENT is made and entered into this 1 lth day
<br />of mil , 2017, by and between the City of Sebastian, Florida, hereinafter
<br />referred to as the "CITY", and Indian River County, Florida, a political subdivision of the
<br />State of Florida, hereinafter referred to as the "COUNTY,"
<br />WHEREAS, the CITY and the COUNTY constitute "political subdivisions" pursuant
<br />to chapter 333 of the Florida Statutes, with respect to the adoption and enforcement of
<br />airport zoning regulations under the provisions of that chapter; and
<br />WHEREAS, the CITY owns and operates the Sebastian Municipal Airport
<br />(hereafter the "AIRPORT") which is situated entirely within the municipal limits of the CITY
<br />and is bordered by unincorporated Indian River County; and
<br />WHEREAS, certain activities and uses of land in the immediate vicinity of
<br />airports as enumerated in s. 333.03(2), F.S., are not compatible with normal airport
<br />operations, and may, if not regulated, also endanger the lives of airport users, adversely
<br />affect their health, or otherwise limit the accomplishment of normal activities; and
<br />WHEREAS, some airport hazard areas appertaining to the AIRPORT are located
<br />wholly or partly in the territorial limits of the CITY, while other such areas are located
<br />wholly or partly in the territorial limits of the COUNTY; and
<br />WHEREAS, the CITY and COUNTY have heretofore adopted regulations pursuant
<br />to chapter 333, and those regulations will be updated, if necessary, in order to comply with
<br />subsequent changes to the statute; and
<br />WHEREAS, by entering into this Interlocal Agreement pursuant to the provisions of
<br />s. 163.01 and s. 333.03(b)1., F.S., the CITY and the COUNTY acknowledge their
<br />obligation, in conformity with s. 333.03(1)(b)1., F.S., to adopt, administer, and enforce
<br />airport zoning regulations applicable to the airport hazard areas, and to the extent allowed
<br />by law restrict the use of land adjacent to or in the immediate vicinity of the Airport to
<br />activities and purposes compatible with the continuation of normal airport operations
<br />including landing and takeoff of aircraft in order to promote public health, safety, and
<br />general welfare.
<br />NOW, THEREFORE, in consideration of the forgoing and the mutual covenants
<br />hereinafter contained, it is agreed between the CITY and the COUNTY as follows:
<br />Section 1. Airport Zoning Regulations.
<br />Pursuant to the procedures specified in s. 333.05, F.S., the CITY and the COUNTY
<br />shall proceed to concurrently develop, administer, and enforce updated airport
<br />protection zoning regulations and airport land use compatibility zoning regulations
<br />governing the use of land on, adjacent to, or in the immediate vicinity of the AIRPORT,
<br />in compliance with Chapter 333, Florida Statutes. Nothing in this Agreement shall
<br />obligate the CITY or the COUNTY to revise its land development regulations to
<br />regulate: (1) the height that trees are permitted to grow; (2) the offsite impacts of lights
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