HomeMy WebLinkAbout1993-07ORDINANCL-9-1— 7
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, TO BE KNOWN AS THE
AIRPORT ZONING ORDINANCE, AMENDING THE FOLLOWING CHAPTERS OF THE
LAND DEVELOPMENT REGULATIONS (LDRS); CHAPTER 901, DEFINITIONS;
CHAPTER 911, ZONING; AND PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE.
SECTION 1: Section 911.17 of the Zoning Chapter is hereby
established to read as follows:
Section 911.17 Airport Zoning
'� Title
Purpose and Intent
(3) Definitions
(� Airport Zones–OFInfluence
(a) A>_rport Height Notification Zones and Regulations
1. Zone Establishment
2. Height Notification Regulations
3. Airport Obstruction Waiver Procedures and criteria for
2. Runty
Airport no
1. Zone
AIRPORT ZONING
u TITLE.
This section shall be known as the Indian River County Airport
Zoning Ordinance.
u PURPOSE AND INTENT.
The purpose of this airport zoning ordinance is to
airspace protection and land use com atibilit
operations in Indian River Countv. This ordini
can
ishment of airport overlay zones ar
tions, provides for independent review
als in order to promote the public int
oners aeems it nec
near the traffic
runway clear zone areas.
in I
radian
to re
,ns o
ects
noise
in
-weY
,River
Count
uses
hed the official airport
ity conferred on the Bo
Dr County, Florida, cons
Statutes.
0
Coding: Words in • • type -are m existing law.
Words underlined are additions.
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ORDINANCE 93- 7
DEFINITIONS.
All terms defined in the Indian River County Land Development
Regulations, Chapter 901, are applicable in this section.
u AIRPORT ZONES OF INFLUENCE.
Indian River County hereby adopts three (3) airport overlay zones
which are shown on the county's-off-ic-ial-zoni.ng-atlas.- These -zones
are established to regulate development in proximity to the
following licensed public use airports located within Indian River
County: Vero Beach Municipal Airport, Sebastian Municipal Airport,
and New Hibiscus Airport, The location of these zones of influence
is hereby established by this Ordinance. Boundaries of these Zones
of Influence may be changed only by way of an amendment of the
official zoning atlas, pursuant to Section 902.12 of the land
development regulations. All development applications for land
within these zones of influence-shall—comply with the airport
zoning regulations of Section 911.17. In addition, development
within these airport overlay zones shall also comply with
applicable underlying zoning district requirements as referenced in
Chapter 911, Zoning, of the county's land development regulations.
Following are the three airport overlay zones:
• Airport Height Notification Zone (Subzone A and Subzone
• Airport Runway Clear Zone; and
Airport Noise Impact Zone.
Where a zone of influence overlays a portion of a property, only
that portion within the zone shall be affected by the zone
regulations Furthermore, in relation to applying runway clear
zone and noise impact zone requirements, use regulations shall
apply to the structure or facilities constituting the use and shall
not generally- app-ly—to accessor--y--open—space, landscape and
buffering, stormwater management, or driveway and parking uses.
a) Airport Height Notification Zone and Regulations.
1. Establishment of Zone. The Airport Height
Notification zone is hereby established as an
overlay zone on the adopted county zoning atlas.
This zone is established to regulate the height of
proximity to the licensed puollc use airports
located within Indian River County. The Airport
Height Notification Zones, consists of two
subzones, defined as follows:
Subzone A. The area surrounding each Licensed
Public Use Airport extending outward
2Q,000 feet from the ends_ and each
side of all active runways.
Subzone B. That area within the unincorporated
area of the county not within
Airport Height Notification Subzone
A.
2.Height Notification Regulations. All development
- ,
proposals- -forland- within -the -height -notification
zone shall be forwarded to the Federal Aviation
Administration (FAA) to be reviewed for conformance
with the Obstructions Standards detailed in Title
14, Code of Federal Regulations, Part 77 Subpart C.
(14 CFR Part 77).
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ORDINANCE 93- 7
a. A proposed development shall be determined to
be a "potential airport obstruction" if the
proposed development would result in a
structure or natural vegetation having a
extending outward and upward from the ends and
sides of a publically licensed airport active
runway at a slope of 1 foot vertical to 100
feet horizontal outward to 20,000 feet for
Subzone A or 200 feet above ground level for
Subzone B. Applicants of any development
proposal determined by the county to result in
a structure(s) that constitutes a "potential
airport obstruction-"- shall-be—imed a Notice
of Potential Airport Obstruction during the
development proposal review process by the
communitv development director or his
i. No proposal for development will be
approved for construction and no permit
for construction will be issued for any
proposal to construct any structure which
is determined by the county to be a
"potential airport obstruction" unless a
county Airport Construction Permit is
granted or unless a county Airport_
Obstruction Variance is granted.
b. Any proposed development which is not
determined—to be a "potential airport
obstruction" is exempt from any airport height
notification zone permitting regulations
contained herein.
3. Airport Construction Permit Procedures and Criteria
for Approval. Any applicant affected by a Notice
of Potential Obstruction may apply to the community
development director for an Airport Construction
Permit.
a. Procedures for Obtaining an Airport
Construction Permit.
i. Applicants shall submit to the Planning
Division a completed Airport Construction
Permit application form (as provided by
the county)- and -a -copy of the notice of
proposed construction form submitted to
the FAA for the project, Permit requests
may be considered by the community
development director concurrent with
b. Criteria for Granting an Airport Construction
Permit.
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ORDINANCE 93- 7
i. Where the FAA has reviewed the proposed
development and determined its
construction would not exceed an
Obstruction Standard of 14 CFR Part 77,
the -community -development-director-shall_
grant an Airport Construction Permit for
the proposed development provided that a
condition is attached to the permit
approval to ensure that the approved
structure(s) is marked and lighted prior
to the issuance of a Certificate of
Occupancy (C.O.) if so required by
Chapter 14-60, in accordance with the
standards of -Rules- of -the Department of
Transportation and Federal Aviation
Administration Advisory Circular 70/7460-
1, as amended.
ii. Where the FAA has reviewed a proposed
developmentand determined that the
proposed development exceeds the
Obstruction Standards of 14 CFR Part 77,
approved, and a county Airport
Obstruction Variance (see regulations
below) must be obtained by the applicant
S. Appeals.
Aetions--Gf-the community development -director
relating to granting or denying an Airport
Construction Permit may be appealed within 15
days of the decision rendered. Appeals shall
be heard by the Board of Adjustment and may be
filed by the applicant, staff, or any person
aggrieved or taxpayer affected or governing
body of a political subdivision or FDOT. All
appeals shall be filed, reviewed, and heard in
a manner consistent with sections 333.06 and -
333.10 of the Florida Statutes.
4. Airport Obstruction Variance Procedures and
Criteria.
a. Procedures for Obtaining an Airport
Obstruction Variance.
i. ADDlicants shall submit to the Plannin
Division a completed Airport Construction
Variance application form, as provided by
the county. Variance requests shall be
considered by the Board of Adjustment.
The request may be approved, approved
with conditions, or denied.
ii. -Prior to variance requester being
scheduled for consideration by the Board
of Adjustment, the applicant shall submit
to the Planning Division the following:
A copy of the notice of proposed
construction form submitted to the FAA,
9 A final Determination issued by the FAA
based oft its review of the applicant's
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ORDINANCE 93- 7
Notice of Proposed Construction submitted
in accordance with 14 CFR Part 77;
• A valid aeronautical evaluation (may
rnncicf of i-hn ovaii.atinn narfnrmwi by
•Comments from the FDOT or evidence that
the FDOT has made no comments during its
required 45 day comment timeframe. Said
evidence shall include a return receipt
showing that the FDOT comment timeframe
has been exceeded.
b. Criteria for Granting an Airport Obstruction
Variance
Where the FAA has reviewed the proposed
development and determined its construction
would exceed an Obstruction Standard of 14 CFR
Part 77, the Board of Adjustment may grant an
Airnnrt nhstrurtion Variance for a proposed
the Board determines tnaL a IlLeral
enforcement of the regulations would result in
practical difficulty or unnecessary hardship
and where the relief granted would not be
contrary to the public interest (i.e. the
development can be accommodated in navigable
airspace without adverse impact to the
county's- public—ase airports or aviation
nnarAtions) but would do substantial iustice
and be in accordance with Lne splrlL of
chapter 333, Florida Statutes, and provided
that:
i. A condition is attached to the variance
approval to require that the approved
structure(s) is marked and lighted to
indicate to aircraft pilots the presence -
of an obstruction in accordance with the
standards of FAA Advisory Circular Number
70/7460-1G., as it may be amended, Where
such marking or lighting is required,
such requirement shall be satisfied prior
to the issuance of a Certificate of
Occupancv (C.O.) for the affected
strur-ture-
ii. FAA determines the aeronautical
evaluations submitted are valid.
iii. Consideration is given to:
1. The nature of the terrain and height
of existing structures.
2. Public and private interests and
Investments.
3. The character of flying operations
and planned development of airports.
4. FAA designated federal airways.
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ORDINANCE 93- 7
5. Whether construction of the proposed
6. Technological advances.
7. The safety of persons on the ground
and in the air.
8. Land use density.
9. The ---safe- and efficient use of
navigable airspace.
10. The cumulative effects on navigable
airspace of all existing structures,
proposed structures identified in
the applicable jurisdictions'
s
area.
11. FAA determinations and results of
aeronautical studies conducted by or
for the FAA.
13. Comments and recommendations from
local airport authorities.
14. Other testimony and findings of
aviation operations and safety
experts.
Chapter 902 variance criteria shall not be
applicable to Airport Obstruction Variance
requests.
u Airport Runway Clear Zone and Regulations.
1. Zone Establishment. There is hereby created and
county zoning atlas a runway clear zone for area
at each end of every active runway at all publicl
licensed airports. Within a runway clear zone
certain uses are restricted or prohibited to reduc
incompatibilities with normal airport operation
and danoer to public health.
2. Runway Clear Zone Regulations.
a. The following types of uses shall be
prohibited within the runway clear zone:
i. Educational centers (including all types
of primary and secondary schools, pre-
schools, child care facilities).
ii. Hospitals, medical inpatient treatment
facilities, nursing/convalescent home
facilities.
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ORDINANCE 93- 7
iii. Places of Worship.
b. Allowable Uses. Any use which is not
prohibited in a runway clear zone as
determined—i".. above,is allowable within
the runway clear zone, subject to compliance
with applicable noise impact zone and zoning
district regulations.
C. Appeals. Determinations by the community
development director, relating to use
interpretations involving section "a." above,
may be appealed to the Plannina and Zoninq
Commission, in the manner prescriDea Dy
section 902.07(1) through (4) of the Code.
Further appeal may be made to the Board of
Adjustment by an applicant or any person
aggrieved or taxpayer affected or governing
body of a political subdivision or FDOT. All
such appeals to the Board of Adjustment shall
be filed, reviewed, and heard in a manner
consistent with sections 333.09 --and 333 -.10 -of
the Florida Statutes.
u Airport Noise Impact Zone and Regulations.
1. Zone Establishment. There is hereby created and
established as an overlay zone on the adopted
county zoning atlas an airport noise impact zone
for— areas sur-rounding—al]---publicly_ licenses
air orts. The noise zone is an area in which uses
are restricted and special construction standards
are to be used to minimize the impact of airport
generated noise routinely produced by continuation
of normal airport operations. The airport noise
impact zone is defined as follows:
An area contiguous to a publicly licensed airport
measuring one-half (1/Z) -the length of the -longest
active runway on either side of and at the end of
each active runway centerline. For land use
control purposes, this boundary shall be considered
to be consistent with the 65 to 70 ldn zone
determined by an official Part 150 Noise Study.
Notwithstanding other provisions of this section,
Should any publicly—licensed airport conduct an
official 14 CFR Part 150 study, the boundaries of
that airport's noise impact zone shall be modified
to comply with the official noise study, subject to
amendment of the official zoning atlas as addressed
in Section 911.17(4) of these regulations.
2. Noise Impact Zone Land Use Regulations.
a. Permitted Uses. The followinq uses shall be
permitted within the established noise overlay
zone, unless prohibited by overflight zone or
zoning district regulations:
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ORDINANCE 93- 7
i. Governmental Services
ii. Transportation
iii. Off -Street Parking
iv. Offices, business and professional
_v.Wholesale_ and retail_ building materials,
hardware and farm equipment
vi. Retail trade - general
vii. Utilities, Heavy or Limited
viii.Communications
ix. Manufacturing - general
x. Photographic and optical services
xi. Mining and fishing, resource production
and extraction
xii. Nature exhibits -and -zoos
xiii.Amusement parks, resorts and camps
xiv. Golf courses, riding stables and water
recreation
xv. Agricultural operations
xvi. Similar Uses.
b. Restricted Uses and Criteria. The followi
uses shall be permitted within the establish
noise overlay zone, (unless proh-lbited -
overflight zone or zoning distri
regulations) only if the proposed developme
complies with the applicable crater
described below:
i. Child Care, Transient Lodging
Educational Centers. Residential (oth
s of proposed child care
es, transient ' lodgings,
al centers and residential uses
an mobile homes) shall verify to
buildings are designed to achieve an
outdoor to indoor noise level reduction
(NLR) of at least 25 decibels. (Normal
residential construction can be -expected
to provide an NLR of 20-25 decibels).
ii. Hospitals, Homes for the Aged, Place
Worship, Auditoriums, Concert Halls
similar uses. Hospitals, homes for
aged, places of worship, auditoriums
concert halls shall verify to the co
in writing that proposed buildings_
designed to achieve an outdoor to in
t
6°M
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 Drovidina written verification that
a proposed building is designed for an NLR of
25 decibels (as stated in i, ii, and iii
above), a developer may execute and record an
avigation easement as provided in
911.17(4)(c)2.e. below.
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ORDINANCE 93- 7
C. Prohibited Uses. Uses which are not specified
in Section 911.17(4)(c)2.a. and b. as
permitted or restricted are prohibited within
the noise overlay zone.
d. 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
niaggrieved person, taxpayer affected, governing
body of a political subdivision, or FDOT. All
such appeals to the Board of Adjustment shall
be filed, reviewed, and heard in a manner
consistent with sections 333.08 and 333.10 of
the Florida Statutes.
e. Aviaation Easements. An aviqation easement is
a Lega.L aocumenL LnaL gLCHI b w LI«
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
avioation easement shall execute said easement
asement shall be in a form acceptable to
ounty attorney's office and shall be execu
n 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--u issuance of a building permit, as
applicable.
The Droperty owner shall record the easement
and provide a copy of same to the county.
u 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:
1. 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:
a. No Solid Waste Disposal Sites shall be
permitted to be located as follows:
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ORDINANCE 93-7
i. within 10,000 feet of any publicly
licensed airport active runway used or
planned to be used by turbine powered
aircraft, or
ii. within 5,000 feet of any publicly
licensed airport active runway used only
by piston type aircraft, or
iii. so that it places the active runways
and/or approach and departure patterns of
an airport between the solid waste
disposal site and bird feeding, water or
roosting- areas, or -
iv. locations outside the above locations but
still within the limits of any airport
overlay zone(s) if determined by the FAA
to pose a hazard.
2. Proposed developments which produce liqhts or
illumination, smoke, glare or other visual hazards,
or produce electronic inference with a -- —
airplane navigation signals are subject to the
standards specified in the FAA Procedures Manual
7400-2C, consistent with Chapter 333.03(3), Florida
Statutes, as may be applied and enforced by the
state and/or federal governments.
(e) Nonconforming Uses.
The regulations prescribed herein shall not be construed
to require the removal, lowering, or other change to or
alteration of any structure or natural vegetation not
conforming to the regulations as of the effective date of
this ordinance, or to otherwise interfere with
continuance of any nonconforming use except as provided
in 333.07(1) and (3). However, no pre-existing
nonconforming structure, natural vegetation, or use shall
be replaced, rebuilt, altered, or allowed to grow higher,
or to be replanted, so as to constitute an increase in
the degree of nonconformity with these regulations
(911.17). Nothing contained herein shall require any
change in the construction, alteration, or intended use
of any structure, where the construction or alteration
was begun prior to the effective date of this ordinance
and is completed within one year thereafter.
The provisions of Chapter 904 of the land development
regulations also apply to non -conformities.
SECTION 2:
Section 901 of the Definitions Chapter is hereby amended to include
the following definitions in alphabetical order:
AIRPGRT, LICENSED PUBLIC USE - an—area oflandor water --
designed and set aside for the landing and taking off of
aircraft, utilized or to be utilized in the interest of the
public for such purpose and validly licensed by the State in
the Public Airport category. Publicly licensed airports
include: The Vero Beach Municipal Airport, the Sebastian_
Municipal Airport, and the New Hibiscus Airport.
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ORDINANCE 93- 7
AIRPORT HEIGHT LIMITATION ZONE -
surrounding each Licensed Public Use
Subzone B. That area within the unincorporated area of the
county not within Airport Height Notification Subzone A.
AIRPORT NOISE IMPACT ZONE - An area contiguous to a publicly
licensed airport measuring one-half (1/2) the length of the
longest active runway on either side of and at the end of each
active runway centerline. For land use control purposes, this
boundary shall be -considered to be consistent—with—the 65 to
70ldn zone determined by an official Part 150 Noise Study.
AIRPORT OBSTRUCTION (Hazard) - Any structure or object of
natural growth or use of land which would exceed the federal
obstruction standards as contained in 14 CFR Parts 71.21,
77 23, 77.25, 77.28, and 77.29 and which obstructs the
airspace required for flight of aircraft in taking off,
maneuvering or landinq at an airport or is otherwise hazardous
', maneuvering or langlnd Ul dILGLG161 auu
or for which a variance has not been granted.
AIRPORT RUNWAY CLEAR ZONE
An area at ground level which begins at the end of a primary
surface (as defined in 14 CFR Part 77) and extends with the
width of each approach surface (as defined in 14 CFR part 77)
to -terminate directly belav-each-approach_surface slope at the -
point, or points, where the slope reaches a height of 50 feet
above the elevation of the runway or 50 feet above the terrain
at the outer extremity of the clear zone, whichever distance
is shorter.
EASEMENT, AVIGATION - A right of use over property whereby an
airport proprietor may operate over real property of another.
ELEVATION, AIRPORT - The highest point of the airport's usable
landing area measured in feet Above Mean Sea Level (AMSL).
LANDING AREA - The area of the airport used for the landing,
take -off, or taxiing of aircraft.
Ldn - a day/night 24-hour average sound level, in decibels,
obtained after addition of 10 decibels to sound levels
occurring during the night time period from 10 PM to 7 AM.
NOISE LEVEL REDUCTION (NLR) - (also known as Sound Level
Reduction (SLR)) Reduction in sound level decibels between
two designated locations or rooms for a stated frequency or
band.
ROOMS, OCCUPIED - Rooms within enclosed structures which are
or may reasonably be expected to be used for human activities
which involve speech communication; sleeping-; eating-;
listening to live, recorded or broadcast music or speech; or
the regular use of telephones.
RUNWAY - A defined area on an airport prepared for landing and
takeoff of aircraft along its length.
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ORDINANCE 93- 7
SECTION 3: Section 911.15(1)(b) is hereby amended to read as
follows:
Height limitations. No structure shall be erected which
would conflict with the height r-egu-lat-ions of section
911.17(4)(a).
SECTION 4:
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the Board
ofCountyCommissionersofIndian —River County, Floridawhich-
conflict with the provisions of this ordinance are hereby repealed
to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 5:
CODIFICATION
The provisions of this ordinance shall be incorporated into
the County Code and the word "Ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 6:
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or word
of this ordinance is for any reason held to be unconstitutional,
inoperative or void, such holdings shall not affect the remaining
portions hereof and it shall be construed -to—have— been the
legislative intent to pass this ordinance without such
unconstitutional, invalid or inoperative part.
SECTION 7:
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of official
acknowledgement that this ordinance has been filed with the
Department of State of the State of Florida.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 18th day of March ,
1993.
This ordinance was advertised in the Vero Beach Press -Journal on
the 23 day of February , 1993, and on the -11_ day of
March , 1993, for public hearings to be held on the 2
day of March , 1993, and on the 1A day of
March , 1993 at which time at the final hearing it was
moved for adoption by Commissioner FQQprt. , seconded
by Commissioner Macht. , and adopted by the
following vote;
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ORDINANCE 93-_7
Chairman Richard N. Bird Aye
Vice Chairman John W. Tippin Absent
Commissioner Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
BOARD OF COUNTY COMMISSIONERS',;
OF INDIAN IVER COUNTY
By
Richard -N. Bird, °Chairman
ATTEST BY: '
Je , .KBartDb n'e rfkl . C.
Acknowledgement by the Department of State(/of the. State)df'Florida
this 26 day of March 1993.
Effective Date: Acknowledgement from the Department of State
received on this 29th day of March , 1993 at
10:00 A.M.MIX and filed in the office of :the'`Clerk of the
Board of County Commissioners of Indian River County Florida.
APPROVED AS TO FOR AND LEGAL SUFFICIENCY.
Jilliam G. Collins, II, Deputy County Attorney
APPROVED AS TO PLANNING MATTERS
�
-
Robert M. Keati , AIC
Community Development irector
u\c\s\911fdot2.azo
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3 / 931 doc\airport7ZRGWI, CWC-C-%n—hm-)
INTERLOCAL AGREEMENT
ON
AIRPORT ZONING REGULATIONS
Indian River County, a political subdivision, and the City of Vero
Beach, a municipal corporation, having airport hazard areas within their
territorial limits, hereby enter into an interlocal agreement in accordance
with the provisions of Chapter 163.01, Florida Statutes for the purpose of
coordinating the adoption, administration and enforcement of airport zoning
regulations applicable to airport hazard areas appertaining to airports located
wholly within the territorial limits of the City of Vero Beach where the
airport hazard area is located partly outside the territorial limits of those
cities.
The parties to this agreement hereby agree as follows; -
1. The purpose of this interlocal agreement is to effectuate a
cooperative method_ to adopt, administer and enforce airport zoning
regulations applicable to airport hazard areas located wholly or partly outside
the territorial limits of the party having the airport within their territorial
limits (reference--F-.S:—X33.03f1)(b)1).
2. The parties agree that each party shall adopt, administer and
enforce airport zoning regulations for any airport hazard area within their
respective territorial limits.
3. This agreement shall remain in full force and effect so long as
necessary to effectuate the intent of Chapter 333, Florida Statutes dealing
with airport zoning and the cooperation among affected jurisdictions.
4. Each party to this agreement shall implement the airport
zoning regulations attached to this agreement as Exhibits "A" and "B",
respectively for Indian River County, and the City of Vero Beach.
5. Pursuant to F.S. 163.01(11), this agreement shall be filed
with the Clerk of the Circuit Court of Indian River County.
6. The City or County may amend their respective airport zoning
regulations, from time to time, by providing the other party with a copy
thereof, as well as filing a copy of the revised airport zoning regulations
with the Clerk of the Circuit Court for Indian River County, Florida.
1
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7. This agreement shall become effective upon the last date
signed by either party.
IN WITNESS WHEREOF, the undersigned affixed their hands and
seals on the date shown below.
Date: %�iu 1`"10.3
AZEST
Jef . Barton, t1 'rk
Date:
ATTEST
Phyllis A. Neuberger, Clerk
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
INDIAN RIVER COUNTY, FLORIDA
By
Richard N. Bird, Chairman
Board of County Commissioners
CITY OF VERO BEACH
By
Jay Smith, Mayor
The foregoing instrument was acknowledged before me this P
day of , 19$3 by Richard N. Bird, Chairman of the Board of
County Cmissioners of Indian River County, Florida, who is personally
known to e, and who did not take an oath.
NOTARY PUBLIC
0
A"i , &,@) C, %'Aj"
Fri
ted name: 5 j
Commission No. t�$'
My Commission Expires:
F�6T�
JANICE G. MASI
State of Florida
omm. Exp. Aug. 13, D3
2
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STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of , 199_ by Jay Smith, the Mayor of the City of Vero
Beach, who is personally known to me, and who did not take an oath.
My Commission Expires:
1.
3
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NOTARY PUBLIC
printed name:
Commission No.
1'1
11is docuiiient was prepared by
and should be returned to
(J the County Attorney's Office,
1840 25th St,, Vero Beach,
Florida 32960
3/93( \ don\alrportI)LEGAL(WGC/nhm)
Vr,Zi,
Jk'rFF1t Y I;. BARTON
C%LERI( CI,ICUIT COURT
INUTAIII RIVEF; CO., FLA
INTERLOCAL AGREEMENT
ON
AIRPORT ZONING REGULATIONS
Indian River County, a political subdivision, and the City of
Sebastian, a municipal corporation, having airport hazard areas within their
territorial limits, hereby enter into an interlocal agreement in accordance
with the provisions of Chapter 163.01, Florida Statutes for the purpose of
coordinating the adoption, administration and enforcement of airport zoning
regulations applicable to airport hazard areas appertaining to airports located
wholly within the territorial limits of the City of Sebastian where the airport
hazard area is located partly outside the territorial limits of the city.
The parties to this agreement hereby agree as follows:
1. The purpose of this interlocal agreement is to effectuate a
cooperative method to adopt, administer and enforce airport zoning
regulations applicable to airport hazard areas located wholly or partly outside
the territorial limits of the party having the airport within their territorial
limits (reference F.S. 333.03(1)(b)1).
2. The parties agree that each party shall adopt, administer and
enforce airport zoning regulations for any airport hazard area within their
respective territorial limits.
3. This agreement shall remain in full force and effect so long as
necessary to effectuate the intent of Chapter 333, Florida Statutes dealing
with airport zoning and the cooperation among affected jurisdictions.
4. Each party to this agreement shall implement the airport
zoning regulations attached to this agreement as Exhibits "A" and "B",
respectively for Indian River County, and the City of Sebastian.
5. Pursuant to F.S. 163.01(11), this agreement shall be filed
with the Clerk of the Circuit Court of Indian River County.
6. The City or County may amend their respective airport zoning
regulations, from time to time, by providing the other party with a copy
thereof, as well as filing a copy of the revised airport zoning regulations
with the Clerk of the Circuit Court for Indian River County, Florida.
1
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anuary 26, 2015 - 14:00:11 - OfficialDocuments:458, Attachment Id 1, Page 17
I
G
C
G
C
7. This agreement shall become effective upon the last date
signed by either party.
IN WITNESS WHEREOF, the undersigned affixed their hands and
seals on the date shown below.
Date:
Jeffrey K Ba .ton,er�P
T.
1593
! , ATT T o `•�,
�'..Kathr5 M.,O!Hallbran
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
INDIAN RIVER COUNTY, FLORIDA
By
Richard N. Bird, Chairman
Board of County Commissioners
/�P p�,vcs �� -tpl �� �4e•y
1 pGU1 N
he foregoing instrument was acknowledged before me this
day ofqhiL , 1993 by Richard N, Bird, Chairman of the Board of
County Com issloners of Indian River County, Florida, who is personally
known to me, and who did not take an oath.
NOTARY PUBLIC
G mawj
grin ed name: e $
Commission No. #
My Commission Expires:
4F, JANICE G. MASI
f State of Florida
My Comm. Exp. Au& 13, 1 93
E
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0
C
tLc
a
c
n
C
�L
l
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this Z5�
day of Q h 1993 by Lonnie Powell, the Mayor of the City of
Sebastian, who is personally known to me, and who did not take an oath.
NOTARY PUBLIC
printed me: U cL,'o
Commission No: CC aµ59°6
My Commission Expires:
SALLY A. MAID
NOW, Pubk-SC+ts Of MMS
W CCmmissW E Vires OCT WWI
COMM I Cc 045906
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X:
CD
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IV
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3
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nuary 26, 2015 - 14:00:11 - OfficialDocuments:458, Attachment Id 1, Page 19