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r MAR - 2,199'x. <br />BOOK 88 PAGF-998? -7 <br />Warren Dill, 11675 Roseland Road, which is in proximity to the <br />Sebastian Airport, stated that his comments pertained to the <br />ordinance in general. He realized that the Florida Statute and FAA <br />regulations require the County to adopt an airport ordinance but it <br />should be a bare -bones or a scaled-down version to comply with the <br />law without all the extras that are included in the proposed <br />ordinance. He cautioned that the County is adding another layer of <br />regulations at the very time we are trying to attract new business <br />and streamline the LDRs, and study nonconforming uses to make it a <br />little easier for people to expand. He maintained that the Height <br />Notification Zone simply means that the FAA must be notified. They <br />do not have the authority to deny or approve anything that comes <br />before them concerning a height obstruction. The Height <br />Notification Zone extends 20,000 feet out, which means that three <br />quarters of a mile from the runway a structure is limited to 35 <br />feet -in height. The County does not have too many buildings over <br />35 feet in height. If a potential structure is considered to be a <br />hazard, the ordinance would require the developer to obtain a <br />construction waiver which involves fees and applications, but that <br />is not mentioned in federal or state laws and is not necessary in <br />this ordinance. The Overflight Zone is not mandated but is a <br />recommendation by safety experts, so it is not necessary in the <br />ordinance. The Noise Impact Zone is based on the state law <br />boundaries if a noise study is not done. There should be a noise <br />study done to determine the area of impact. Additions to existing <br />structures and outside uses are unclear in this paragraph. <br />Residential uses are authorized within this noise zone provided <br />that the noise level reduction in the house is down to 20 to 25 <br />decibels. The property is required to give avigation easements to <br />the City of Vero Beach and to the City of Sebastian. An avigation <br />easement is a severe restriction on property rights and there is no <br />reference in the state or federal law requiring an avigation <br />easement. Easements should be purchased. Property buyers should <br />see the avigation easement to see what it is going to be and we <br />should not say that whatever the airport wants to do is okay in the <br />future. Mr. Dill felt that by adoption of this ordinance we are <br />creating nonconforming uses in the County. Chapter 904 of the LDR <br />deals with nonconformity. If a building does not meet a setback <br />restriction, the owner is restricted in adding to the structure. <br />If they are in nonconformance with the noise restriction, <br />structures cannot be altered or rebuilt. The wording should be <br />changed to 'snot increase the height or exceed federal obstructions <br />standards. 11 Mr. Dill realized the Board has discretion to adopt <br />this ordinance and he distributed a summary sheet of his suggestions. <br />18 <br />