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Indian River County, FL Code of Ordinances Page 5 of 6 xiv. Golf courses, riding stables and water recreation. xv. Agricultural operations. xvi. Similar uses. Restricted uses and criteria. The following uses shall be permitted within the established noise overlay zone, (unless prohibited by overflight zone or zoning district regulations) only if the proposed development complies with the applicable criteria described below: Child care, transient lodgings, educational centers, residential (other than mobile homes), and similar uses. Developers of proposed child care facilities, transient lodgings, educational centers and residential uses (other than mobile homes) shall verify to the county in writing that proposed buildings are designed to achieve an outdoor to indoor noise level reduction (NLR) of at least twenty-five (25) decibels. (Normal residential construction can be expected to provide an NLR of twenty (20) to twenty-five (25) decibels). Hospitals, homes for the aged, places of worship, auditoriums, concert halls and similar uses. Hospitals, homes for the aged, places of worship, auditoriums and concert halls shall verify to the county in writing that proposed buildings are designed to achieve an outdoor to indoor noise level reduction (NLR) of at least twenty-five (25) decibels. iii. Outdoor sports arenas, spectator sports and similar uses. Outdoor sports arenas and spectator sports facilities must be constructed with special sound reinforcement systems consistent with building code regulations. In lieu of providing written verification that a proposed building is designed for an NLR oftwenty-five (25) decibels (as stated in i., ii., and iii, above), a developer may execute and record an aviation easement as provided in 9 i 1.1 7(4xc)2.e. below. Prohibited uses. Uses which are not specified in section 911.17(4xc)2.a and b. as permitted or restricted are prohibited within the noise overlay zone Appeals. Determinations by the community development director, relating to use interpretations involving sections "a" or "b." or "c." above, may be appealed to the planning and zoning commission, sitting as the airport zoning commission, in the manner prescribed by section 902.07(1) through (4) of the Code. Further appeal may be made to the board of adjustment by an applicant any aggrieved person, taxpayer affected, governing body of a political subdivision, or FDOT. All such appeals to the board of adjustment shall be fled, reviewed, and heard in a manner consistent with F.S. §§ 333.08 and 333.10. Aviation easements. An aviation easement is a legal document that grants to the owner/operator of a nearby airport a right to continue to operate the airport in a manner similar to current operations, despite potential nuisance effects upon uses that are being established in close proximity to the airport. Applicants choosing to provide an aviation easement shall execute said easement to the appropriate airport authority. The easement shall be in a form acceptable to the county attorney's office and shall be executed in a recordable form by the property owner. • Prior to release of a development site plan, • Prior to or via recording of a final plat, or • Prior to issuance of a building permit, as applicable. The property owner shall record the easement and provide a copy of same to the county. (d) Special requirements applicable throughout the unincorporated area of the county. Notwithstanding any other provision of this section (911.17), no use may be made of land or water within the unincorporated area of the county in such a manner as to interfere with operation of an airborne aircraft using a publicly licensed airport The following special requirements shall apply to proposed developments: Solid waste disposal sites shall be reviewed in accordance with the State of Florida Department of Environmental Regulation (DER) Rule Chapter 17-701, which requires the following: No solid waste disposal sites shall be permitted to be located as follows: Within ten thousand (10,000) feet of any publicly licensed airport active runway used or planned to be used by turbine powered aircraft, or Within five thousand (5,000) feet of any publicly licensed airport active runway used only by piston type aircraft, or about:blank 5/31/2017 P44