PUBLIC HEARING: April 11, 2017 – Planning and Land Development Regulation Commission (PLDRC) Meeting

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GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, DeLand, FL 32720 (386) 736-5959

PUBLIC HEARING: April 11, 2017 – Planning and Land Development Regulation Commission (PLDRC) meeting

SUBJECT: Request to amend Chapter 72, Section 72-296 Airport Hazards, of the Volusia County Zoning Code, creating Airport Protection and Land Use Compatibility Zone regulations pursuant to F.S. Ch. 333; and request to establish the Airport Protection and Land Use Compatibility Overlay Zone over unincorporated lands in the vicinity of publicly owned and maintained airports and radar navigation facilities

LOCATION: Unincorporated Volusia County properties adjacent to airports operated by the Cities of New Smyrna Beach, Daytona Beach, Ormond Beach, Pierson, DeLand and Sanford, along with the ASR-9 radar site

APPLICANT: County of Volusia

STAFF: Michael E. Disher, AICP, Planner III

I. SUMMARY OF REQUEST

In response to statutory requirements and mandatory deadlines of F.S. 333 regarding airport protection zoning, Volusia County proposes the creation of an overlay zoning classification covering unincorporated property in the vicinity of airports publicly owned and operated by the Cities of New Smyrna Beach, Daytona Beach, Ormond Beach, Pierson, DeLand and Sanford, along with the ASR-9 radar site. All local governments in the state of Florida are required by F.S. 333 to adopt airport protection standards if located in the “airport hazard area” of a public-use airport. The purpose of these standards is to establish reasonable protections for airport operations and aircraft, to minimize the exposure of adjacent properties to airport hazards and noise, to prohibit incompatible land uses and structures around airports, and to provide for coordination between municipalities and the county.

Staff Recommendation: Forward to the county council for final action with a recommendation of approval.

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II. OVERVIEW

The Federal Aviation Administration (14 CFR Part 77) and the State of Florida (F.S. Ch. 333) have regulated development around airports for decades to prevent obstructions that could pose a hazard to aircraft and airport operations. Local governments with public-use airports are required to implement their own land use regulations at the local level. Additionally, since 2016, they have been required to review permits for potential airport obstructions that were formerly reviewed by FDOT. Last the year the Florida Legislature established a deadline of July 1, 2017 for local city and county governments to adopt airport protection zoning and land use compatibility regulations if they had not already done so. Private airports are exempt from these regulations.

The Volusia County Zoning Code currently contains only minimal local requirements for airport protection. Section 72-296 of the zoning code simply defers to the federal and state standards for construction around airports. However, the code does limit development specifically around the ASR-9 radar site located in the central undeveloped part of the county. Of the jurisdictions in Volusia County affected by public- use airports and flight patterns, all but Pierson and Volusia County have a form of overlay zone that limits construction height and noise-sensitive land uses. Several jurisdictions go further by regulating landscaping, lights, glare, and electromagnetic interference that would interfere with aircraft.

The Statute also requires multiple jurisdictions affected by airports to either form a joint airport zoning board or to enter into an interlocal agreement to ensure notification and protection on airport-related zoning and/or permitting. Volusia County is proposing agreements with the other five municipalities with airports rather than create a joint airport zoning board. And as owner and operator of the Daytona Beach International Airport, Volusia County will be entering into an agreement with the nearby jurisdictions affected by its airport hazard area, including Daytona Beach, Holly Hill, South Daytona, Daytona Beach Shores, and Port Orange.

IV. ANALYSIS

The area around and airspace above public-use airports is required to be protected by the FAA and F.S. 333 from hazards on the ground and those projecting into the air. The proposed overlay zone is intended to apply to land uses and structures on unincorporated properties within these protected areas. It is also intended to protect nearby existing structures from noise and other hazards created by airports. The cities affected by their own airports or within the protected area of adjacent airports will be responsible for their own airport protection zoning within their municipal boundaries.

Protected Areas Before discussing the proposed regulations, it is helpful to first describe and illustrate the areas being protected. These zones are defined by the FAA and are created around all airports. Several of these zones are applied horizontally on the ground surface, while the others are in form of imaginary, three-dimensional “surfaces” in the air. Such “surfaces” define parts of the airspace above an airport for take-off, landing, and other Page 3 of 37

maneuvering. The “surface” represents the minimum altitude of safe navigable airspace above the ground that must be kept free of obstructions and other hazards to navigation. The size, shape, and slope of these spaces depends in large part on the size of the planes using the airport. For example, the zones at the Daytona Beach International Airport are larger than those for the DeLand Municipal Airport.

Zones on the ground Primary zone: A rectangular area located at the end of each runway extending out to 200 feet beyond the runway.

Runway protection zone: A trapezoidal area at ground level beginning 200 feet beyond the end of a runway, where a majority of air crashes are likely to occur.

Zones in the air Approach zone: An imaginary surface lane extending outward and upward from the end of the runway’s primary zone. The length and width of the slope increases with larger aircraft. The slope angle decreases with larger aircraft to allow for more gradual ascent and descent. For example, the approach zone for the DeLand airport is 5,000 feet long, while for the main runways at Daytona Beach and Sanford Airport, it is approximately 10 miles long.

Transitional zone: The area extending outward and upward at a 7:1 slope from the sides of the primary zones and approach zones, connecting them to the horizontal zone.

Horizontal zone: An area encompassing and extending beyond the airport grounds, set at 150 feet above the established airport elevation. The horizontal zone extends outward from the transitional zone to the edge of the conical zone.

Conical zone: The area extending outward from the periphery of the horizontal zone for a distance of 4,000 feet. Height limitations on structures or obstructions begin at 150 feet above the established airport elevation at the inner edge, with permitted height increasing at a 20:1 slope.

ASR-9 radar zone: A circle eight miles in diameter centered on the ASR-9 radar site in central Volusia County, within which all structures 100 feet or higher are subject to permitting.

The various zones on the ground and in the air are illustrated below.

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Land Use Restrictions To protect aircraft, airports, and the lands around them, F.S. 333 requires land use restrictions on be put in place.

Prohibited uses: Residential development and uses that assemble large groups of people are prohibited within the runway protection zone. The FAA requires this zone to be located within the property owned by the airport, where it can be controlled by the airport. However, this is not always the case, especially where the airport is already surrounded by development. The requirement is put in place to ensure no new development occurs that could put lives and property at risk if a crash occurs. In addition to the runway protection zone, new residential construction specifically is also prohibited in a radius around the airport equal to half the length of the longest runway.

Lighting: Lights in the vicinity of the airport must be directed downward and shielded so as not to be mistaken for airport navigation lights.

Height: In addition to the height restrictions in the various zones, any structure over 200 feet must have warning lights installed in accordance with FAA guidelines.

Visibility/Glare: The regulations prohibit activities and land uses that could generate dust, smoke, or haze, and thus obscure aircraft takeoff, landing, or maneuvering. Objects that generate glare are also prohibited that could cause visual problems for pilots or air traffic controllers.

Noise: The noise level generated by planes and airports is often studied as part of each airports required periodic master planning process. The noise levels, measure in decibels, are then mapped along “noise contours,” similar in concept to the elevation contours on a topographic map. Where such a noise study has been conducted, the proposed regulations restrict “noise-sensitive” uses, as established by the FAA, within the 65-decible level contour. These include residential development, houses of worship, schools, hospitals, day care centers, and museums. Expansion or renovation of existing noise-sensitive uses may take place only if the structures are insulated to reduce sound by 25 decibels, or if the owner provides the county with a recorded “avigation” easement and non-suit covenant as a condition for allowing the construction without sound insulation. If a noise study has not been conducted to define the 65-decibel contour, noise-sensitive uses will be prohibited in a radius around the airport equal to half the length of the longest runway.

Hazardous Wildlife Attractants. Additional land uses and activities are to be limited that could attract birds and other wildlife that may be hazardous to aircraft operations. This primarily includes landfills, but may also include open water such as stormwater retention ponds and canals, exposed trash/refuse, or any fruit/nut/berry bearing trees/shrubs. New landfills are prohibited between 5,000 to 10,000 feet from a runway, depending on the type of aircraft. Where such uses are unavoidable, best management practices must be used to decrease their potential to attract wildlife.

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Permitting F.S. 333 requires local governments to establish permitting procedures and criteria to review proposed structures for compliance with the height and land use restrictions. The county’s Zoning Enforcement Official will have authority to enforce and administer these requirements. The county’s standard building permit process will need to be modified to include this process. The county’s fee resolution will also need to be amended to account for this additional review step.

Also as required by statute, copies of all permit applications within the airport protection overlay zone will be sent to FDOT, which will have 15 days to review and provide comments to the county. The review by FDOT is required to run simultaneously with the county’s review.

Nonconforming uses and abandonment Statute requires affected local governments to allow nonconforming structures to remain as they are. Provided they are not abandoned or more than 80 percent destroyed, any change to the structure must be authorized by a permit. However, non-conforming structures that have been abandoned or more than 80 percent demolished may only be permitted to rebuild in compliance with this code. The county also has authority to require them to be removed or altered to comply with code.

Variances and modifications The airport protection statute further requires local governments to establish a variance process from these requirements. Variances from the airport protection overlay zone will be heard by the PLDRC. Requested modifications to land development requirements are to be decided by the Development Review Committee.

Exemptions Finally, F.S. 333 requires local airport protection zones to exempt communication structures permitted by the FCC before 1975, non-substantial improvements of residential structures and parcels, and cranes, construction equipment, and temporary structures used for 18 months or less.

V. STAFF RECOMMENDATION

Staff finds the requested zoning code amendment and rezoning to be consistent with the comprehensive plan and with F.S 333. Therefore, staff recommends that the PLDRC forward the request to amend Chapter 72, Section 72-296 Airport Hazards, of the Volusia County Zoning Code, creating Airport Protection and Land Use Compatibility Zone regulations pursuant to F.S. Ch. 333; and request to establish the Airport Protection and Land Use Compatibility Overlay Zone over unincorporated lands in the vicinity of publicly owned and maintained airports and radar navigation facilities to the County Council with a recommendation of approval.

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VI. ATTACHMENTS

 Ordinance No. 2017-XX  Map Exhibits  Florida Statute Ch. 333  Sample Interlocal Agreement

VII. AUTHORITY AND PROCEDURE

Pursuant to Section 72-414, the county council shall hold a public hearing after due public notice on all recommendations from the commission. It may accept, reject, modify, return, or seek additional information on those recommendations. No approval of a rezoning application shall be made unless, upon motion, four members of the county council concur. The county council will thereafter forward its decision to the applicant.

Any new information presented at the planning and land development regulation commission for any application will be grounds to continue an application to the next planning and land development regulation commission. Applicants shall inform and provide staff with the new information prior to the planning and land development regulation commission.

Any new information presented at the county council meeting not previously presented to the planning and land development regulation commission for any application will be grounds to return an application to the planning and land development regulation commission for further review. Applicants shall inform and provide staff with the new information prior to the council meeting.

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1 ORDINANCE 2017-___ 2 3 AN ORDINANCE OF THE COUNTY COUNCIL OF VOLUSIA 4 COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES 5 OF THE COUNTY OF VOLUSIA, BY AMENDING CHAPTER 72, 6 ARTICLE II, ZONING, ESTABLISHING AIRPORT 7 PROTECTION AND LAND USE COMPATIBILITY OVERLAY 8 ZONE REGULATIONS; PROVIDING FOR SEVERABILITY; 9 PROVIDING FOR CONFLICTING ORDINANCES; AND 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, airport obstruction hazards endanger the lives and property of users of an airport and 13 of the occupants of land in its vicinity by reducing the size of the area available for aircraft taking off, 14 maneuvering, or landing, thus tending to destroy or impair the utility of the airport and the public investment 15 therein; and 16 17 WHEREAS, it is further found that certain activities and uses of land in the immediate vicinity of 18 airports as enumerated in Section 333.03(2), Florida Statutes, are not compatible with normal airport 19 operations, and may, if not regulated, also endanger the lives of the participants, adversely affect their 20 health, or otherwise limit the accomplishment of normal activities; and 21 22 WHEREAS, the creation or establishment of an airport hazard and the incompatible use of land in 23 airport vicinities are public nuisances and injure the community served by the airport in question; and 24 25 WHEREAS, it is therefore necessary in the interest of the public health, public safety, and general 26 welfare that the creation or establishment of airport hazards and incompatible land uses be prevented; and 27 28 WHEREAS, the limitation of land uses incompatible with normal airport operations, the prevention 29 of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or 30 marking and lighting of existing airport hazards are public purposes for which political subdivisions may 31 raise and expend public funds and acquire land or property interests therein, or air rights thereover; and 32 33 WHEREAS, every political subdivision having an airport hazard area within its territorial limits is 34 required by Section 333.03(1)(a), Florida Statutes, to adopt, administer, and enforce, under the police power 35 and in the manner and upon the conditions prescribed in this section, airport protection zoning regulations 36 for such airport hazard area. 37 38 BE IT ORDAINED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AS 39 FOLLOWS: 40 41 SECTION I. Chapter 72, Article II, Section 72-296 of the Code of Ordinances of Volusia County, 42 is repealed in its entirety and replaced with the following: 43 44 Sec. 72-296. Airport protection overlay zone. 45 46 (a) Purpose. The purpose of this section is to establish reasonable airport zoning regulations 47 to implement the provisions of state and federal law relating to airport zoning; to provide 48 for airspace protection and land use compatibility with airport operations; to protect the 49 public health, safety and welfare in the vicinity of an airport by minimizing the exposure 50 to hazards and noise levels generated by aircraft operations; to facilitate proper land use 51 planning and to prohibit the location of incompatible land uses and structures in areas Page 9 of 37

1 surrounding existing or future airports; to provide a process to issue or deny permits and 2 enforcement thereof for airport obstructions; to provide for coordination and notification 3 of airport protection permitting between municipalities and the county; and to provide for 4 coordination of permit applications between the county and state. 5 6 (b) Definitions. In addition to the definitions contained in Section 72-2, the following terms 7 shall have the following meanings: 8 9 (1) Aeronautical study: A Federal Aviation Administration study, conducted in 10 accordance with the standards of 14 C.F.R. part 77, subpart C, and Federal 11 Aviation Administration policy and guidance, on the effect of proposed 12 construction or alteration upon the operation of air navigation facilities and the safe 13 and efficient use of navigable airspace. 14 15 (2) Airport: See section 72-2. For purposes of airport protection and land use 16 compatibility regulations in this section, the term also includes all land lying 17 vertically under the designated approach zones. 18 19 (3) Airport elevation: The highest point of an airport’s usable landing area measured 20 in feet above Mean Sea Level. 21 22 (4) Airport hazard: An obstruction to air navigation which affects the safe and 23 efficient use of navigable airspace or the operation of planned or existing air 24 navigation and communication facilities. 25 26 (5) Airport hazard area: Any area of land or water upon which an airport hazard might 27 be established. 28 29 (6) Airport layout plan: A set of scaled drawings that provide a graphic representation 30 of the existing and future development plan for the airport and demonstrate the 31 preservation and continuity of safety, utility, and efficiency of the airport. 32 33 (7) Decision height: The height at which a decision must be made during all ILS 34 instrument approach to either continue the approach or to execute a missed 35 approach. 36 37 (8) Educational facility: Any structure, land, or use that includes a public or private 38 kindergarten through 12th grade school, charter school, magnet school, college 39 campus, or university campus. The term does not include space used for 40 educational purposes within a multi-tenant building. 41 42 (9) Ldn: A day/night 24-hour average sound level measurement, expressed in decibels, 43 obtained after addition of ten decibels to sound levels occurring during the 44 nighttime period from 10:00 p.m. to 7:00 a.m. 45 46 (10) Minimum descent altitude: The lowest altitude, expressed in feet above Mean Sea 47 Level, to which descent is authorized on final approach or during circling-to-land 48 maneuvering in execution of a standard instrument approach where no electronic 49 glide slope is provided. 50 Page 10 of 37

1 (11) Nonconforming use: For purposes of airport protection and land use compatibility 2 regulations in Section 72-296, any preexisting structure, object of natural growth 3 or use of lands which is inconsistent with the provisions therein. 4 5 (12) Obstruction: Any existing or proposed object, terrain, or structure construction or 6 alteration that exceeds the federal obstruction standards contained in 14 C.F.R. part 7 77, subpart C that obstructs the airspace required for flight of aircraft in landing 8 and takeoff at an airport or is otherwise hazardous to such landing or takeoff of 9 aircraft. The term includes: Any object of natural growth or terrain; Permanent or 10 temporary construction or alteration, including equipment or materials used and 11 any permanent or temporary apparatus; or Alteration of any permanent or 12 temporary existing structure by a change in the structure's height, including 13 appurtenances, lateral dimensions, and equipment or materials used in the 14 structure. 15 16 (13) Precision instrument runway: A runway having an instrument approach procedure 17 utilizing an instrument landing system (ILS) or a precision approach radar (PAR). 18 It also means a runway for which a precision approach system is planned and is so 19 indicated on an FAA-approved airport layout plan; a military service's approved 20 military airport layout plan; any other FAA planning document, or military 21 service's military airport planning document. 22 23 (14) Public-use airport: An airport, publicly owned and maintained, licensed by the 24 state, which is open for use by the public. For the purposes of this section, the 25 publicly owned and maintained airports are: Daytona Beach International Airport 26 (DAB), DeLand Municipal Aiport – Sidney H. Taylor Field (DED), New Smyrna 27 Municipal Airport (EVB), Ormond Beach Municipal Airport (OMN), Pierson 28 Municipal Airport (2J8), and Orlando-Sanford International Airport (SFB). 29 30 (15) Runway: A defined area on an airport prepared for landing and takeoff of aircraft 31 along its length. 32 33 (16) Runway protection zone: An area at ground level beyond the runway end to 34 enhance the safety and protection of people and property on the ground. 35 36 (16) Visual runway: A runway intended solely for the operation of aircraft using visual 37 approach procedures with no straight-in instrument approach procedures and no 38 instrument designation indicated on an FAA approved airport layout plan, a 39 military services approved military layout plan, or by any planning document 40 submitted to the FAA by competent authority. 41 42 (c) Airport protection overlay zone. In order to carry out the provisions of this section, there 43 are hereby created and established certain “protected surface zones” that include all lands, 44 in the unincorporated portions of the county, lying beneath the primary, approach, 45 transitional, horizontal, and conical surfaces as they apply to a particular public-use airport. 46 An additional zone also includes the land surrounding an ASR-9 radar site. The boundaries 47 of the airport protection overlay zone shall apply to all zoning classifications established 48 in article II, division 7 of this chapter, and the official zoning map shall identify said overlay 49 zone by adding the letter “A” as a suffix to the existing zoning classification. The zones, 50 or portions thereof, to which these regulations apply are as follows: 51 Page 11 of 37

1 (1) Primary zone. A rectangular area located at each end of a runway, longitudinally 2 centered on the runway. For hard surface runways, the primary surface extends 3 200 feet beyond each end. For runways without a hard surface, the primary zone 4 ends at each runway end. The width depends on the existing or planned approach 5 and runway type, as follows: 6 7 a. Precision Instrument Runways: 1,000 feet. 8 9 b. Non-Precision Instrument Runways: 500 feet. 10 11 c. Public Utility Visual Runways: 250 feet. 12 13 d. Private Utility Visual Runways: 100 feet. 14 15 No structure or obstruction that is not part of the landing and takeoff area and is of 16 a greater height than the nearest point on the runway centerline will be permitted 17 within the primary zone. 18 19 (2) Runway protection zone. A trapezoidal area at ground level beginning 200 feet 20 beyond the end of a runway and centered about the extended runway centerline, 21 with the shortest side of the trapezoid closest to the runway. The runway protection 22 zone dimension for a particular runway end is a function of the type of aircraft and 23 approach visibility minimum associated with that runway end. Its width 24 corresponds to that approach zone. Its length varies as follows: 25 26 a. Precision Instrument Runways: 2,500 feet 27 28 b. Non-precision Instrument Runways: 1,000 – 1,700 feet 29 30 c. Public Utility Visual Runways: 1,000 feet 31 32 (3) Horizontal zone. An area around each airport with an outer boundary, the 33 perimeter of which is constructed by swinging arcs or specified radii from the 34 center of each end of the primary zone of the airport's runways and connecting the 35 adjacent arcs by lines tangent to those arcs. The radius for each arc for the 36 horizontal surface is 5,000 feet for visual approach runways, and 10,000 feet for 37 all other approach types. The horizontal zone extends outward from the transitional 38 zone to the edge of the conical zone. No structure or obstruction can extend 150 39 feet above the established airport elevation. 40 41 (4) Conical zone. The area extending outward from the periphery of the horizontal 42 zone for a distance of 4,000 feet. Height limitations on structures or obstructions 43 begin at 150 feet above the established airport elevation at the inner edge, with 44 permitted height increasing one foot vertically for every 20 feet of horizontal 45 distance. 46 47 (5) Approach zone. An area longitudinally centered on the extended runway 48 centerline, and extending outward and upward from the end of the runway’s 49 primary surface. The approach surface begins at the end of the primary surface. An 50 approach zone is designated for each runway based upon the type of approach 51 available or planned for that runway end. Permitted height limitation within the Page 12 of 37

1 approach zones is the same as the runway end height at the inner edge and increases 2 with horizontal distance outward from the inner edge as follows: 3 4 a. Precision Instrument Runway: Permitted height increases one foot 5 vertically for every 50 feet horizontal distance for the first 10,000 feet and 6 then increases vertically for every 40 feet horizontal distance for an 7 additional 40,000 feet. 8 9 b. Non-precision instrument runways: Permitted height increases one foot 10 vertically for every 34 feet horizontal distance for a total distance of 11 10,000 feet. 12 13 c. Visual runways: Permitted height increases one foot vertically for every 14 20 feet horizontal distance for a total distance of 5,000 feet. 15 16 (6) Transitional zone. The area extending outward and upward at a 7:1 slope from the 17 sides of the primary zones and approach zones connecting them to the horizontal 18 zone. Height limits within the transitional zone are the same as the primary zone 19 or approach zone at the boundary line where it adjoins and increases at a rate of 20 one foot vertically for every seven feet horizontally, extending out at right angles 21 to the runway center line and extended center line for a distance of 5,000 feet. 22 23 (7) ASR-9 radar zone. The area extending outward in a four-nautical-mile radius from 24 the ASR-9 radar site. Within a one-mile radius, all proposed above-ground 25 structures are subject to permitting. Within a four-mile radius, all proposed 26 structures 100 feet or higher are subject to permitting. 27 28 (d) Airport land use restrictions. Notwithstanding any other provision of this chapter, no use 29 may be made of land or water within any zones established by this section in such a manner 30 as to interfere with the operation of an airborne aircraft. The following special requirements 31 shall apply to each permitted use: 32 33 (1) Prohibited uses. Notwithstanding the uses permitted in the underlying zoning 34 classifications as provided in section 72-241, the following uses are prohibited 35 within any runway protection zone: 36 37 Community residential homes 38 Group homes 39 Hospitals 40 Multifamily standard or manufactured modular dwellings 41 Schools, public, parochial or private 42 Storage of explosive material 43 Uses that assemble large groups of people or any other use that could 44 produce a major catastrophe as a result of an aircraft crash. 45 46 New residential construction shall be further prohibited within an area contiguous 47 to the airport measuring one-half the length of the longest runway on either side of 48 and at the end of each runway centerline. 49 50 (2) Lighting. All lights or illumination used in conjunction with street, parking, signs 51 or use of land and structures shall be arranged and operated in such a manner that Page 13 of 37

1 it is not misleading or dangerous to aircraft operating from a public airport or in 2 the vicinity thereof, by shielding, directing downwards, or other means as 3 necessary. 4 5 (3) Height. Notwithstanding the preceding provisions in this section, the owner of any 6 structure over 200 feet above ground level shall install lighting in accordance with 7 Federal Aviation Administration Advisory Circular 70-7460-1D, and amendments 8 thereto, on such structure. Additionally, high intensity white obstruction lights 9 shall be installed on a high structure which exceeds 749 feet above Mean Sea 10 Level. The high intensity white obstruction lights must be in accordance with 11 Federal Aviation Administration Advisory Circular 70-7460-1D, and amendments 12 thereto. 13 14 (4) Visibility/glare. No operations from any type shall produce smoke, glare or other 15 visual hazards that endanger or interfere with the landing, takeoff, or maneuvering 16 of aircraft intending to use the airport. 17 18 (5) Airport noise zones. 19 20 a. No new noise-sensitive land uses shall be established within the limits of 21 the 65 Ldn/DNL noise exposure contour as delineated in the most current 22 14 CFR part 150 Airport Noise Compatibility Study in effect at the time 23 of a development proposal. Noise-sensitive land uses include, but are not 24 limited to: single family residential, multi-family residential, mobile 25 homes, houses of worship, schools (with the exception of aviation 26 schools), group homes, hospitals, day care centers and museums. A 27 complete listing of land use types by their compatibility with aircraft- 28 related noise levels is set forth under 14 CFR Part 150, Appendix A, and 29 is incorporated herein by reference. 30 31 b. Expansion, replacement, or renovation (with a cost at least 60% of the 32 existing assessed value) of an existing noise-sensitive use or structure 33 within the 65 DNL noise exposure contour may be approved if: 34 35 1. The work incorporates building techniques and materials that will 36 result in a 25-decibel reduction between the exterior noise level 37 and that inside the structure; or 38 2. The owner/developer voluntarily provides a recorded avigation 39 easement for noise with non-suit covenant running with the land 40 in a format acceptable to the county. 41 42 c. If a noise study has not been conducted by a public airport, residential 43 construction and any educational facility, with the exception of aviation 44 school facilities, shall be prohibited within an area contiguous to the 45 airport measuring one-half the length of the longest runway on either side 46 of and at the end of each runway centerline. 47 48 d. Subsection 5 may not be construed to require the removal, alteration, 49 sound conditioning, or other change, or to interfere with the continued use 50 or adjacent expansion of any educational facility or site in existence as of 51 July 1, 1993. Page 14 of 37

1 2 (6) Wildlife Hazard Attractants. Landfills, waste disposal facilities, and other 3 facilities that store, handle, or process organic or any other material that foster or 4 harbor the growth of insects, rodents, amphibians, or other organisms that result in 5 significant bird population increases above the normal background level, as well 6 as stormwater management facilities, wetlands, and other areas containing aquatic 7 life and vegetation also attract birds and other wildlife that may increase the 8 potential for aircraft bird strikes, resulting in damage to aircraft and injury to 9 occupants shall be subject to the following regulations: 10 11 a. New landfills shall not be located: 12 13 1. Within 10,000 feet of the nearest point of any runway to be used 14 by turbine aircraft; or 15 16 2. Within 5,000 feet from the nearest point of any runway used by 17 only non-turbine aircraft. 18 19 3. Outside the perimeters described in subparagraphs 1 and 2 above, 20 but within the lateral limits of the civil airport imaginary surfaces 21 as defined by federal regulations, as amended from time to time, 22 for approaching, departing, and circling aircraft. 23 24 b. All proposed and existing landfills shall be reviewed to determine whether 25 they attract or sustain hazardous bird movements from feeding, water, or 26 roosting areas into or across the runways or approach and departure 27 patterns of aircraft. The existence of such hazards shall be considered in 28 deciding whether to permit a proposed landfill, and whether to require an 29 existing or proposed landfill to use bird management techniques or other 30 practices to minimize bird hazards to airborne aircraft. 31 32 c. Above-ground stormwater management facilities, including open water 33 features, canals, marsh areas, dry detention, and littoral zone areas should 34 not be placed within airport operations areas due to their aquatic and 35 vegetative environments and potential to attract wildlife. Where such 36 facilities are unavoidable, best management practices shall be used to 37 decrease the potential to attract wildlife, such as steep slopes, rip-rap lined 38 detention areas, vegetation managements, and use of dry detention areas, 39 subject to DRC review and approval. 40 41 (e) Permitting. 42 43 (1) Administration and enforcement. It shall be the duty of the Zoning Enforcement 44 Official to administer and enforce the requirements prescribed herein within the 45 territorial limits over which Volusia County has jurisdiction through the permitting 46 process. 47 48 (2) Permit required. Any person proposing to construct, alter, or allow an obstruction 49 in an airport hazard area, as determined by the FAA, must apply for a building or 50 development permit, as applicable. Such permit may not be issued if it would 51 allow the establishment or creation of an airport hazard or if it would permit a Page 15 of 37

1 nonconforming obstruction to become a greater hazard to air navigation than it was 2 when the applicable airport protection zoning regulation was adopted which 3 allowed the establishment or creation of the obstruction, or than it is when the 4 application for a permit is made. 5 6 (3) Permit application. In addition to the standard submittal documents associated 7 with a building or development permit application, permit applications under this 8 section shall include documentation showing compliance with the federal 9 requirement for notification of proposed construction or alteration of structures and 10 a valid aeronautical study. All such applications shall be accompanied by the 11 appropriate review fee established by council resolution. 12 13 (4) Review criteria. The following criteria shall be considered when determining 14 whether to issue or deny a permit: 15 16 a. The safety of persons on the ground and in the air; 17 18 b. The safe and efficient use of navigable airspace; 19 20 c. The nature of the terrain and height of existing structures; 21 22 d. The effect of the construction or alteration on the state licensing standards 23 for a public-use airport contained in Chapter 330, Florida Statutes, and 24 rules adopted thereunder; 25 26 e. The character of existing and planned flight operations and developments 27 at public-use airports; 28 29 f. Federal airways, visual flight rules, flyways and corridors, and instrument 30 approaches as designed by the Federal Aviation Administration; 31 32 g. The effect of the construction or alteration of an obstruction on the 33 minimum descent altitude or the decision height at the affected airport; 34 and 35 36 h. Comments provided by affected municipal jurisdictions, if any. 37 38 (f) FDOT review. Upon receipt of a complete permit application, a copy of the application 39 shall be provided to the Florida Department of Transportation Aviation Office by certified 40 mail, return receipt requested, or by a delivery service that provides a receipt evidencing 41 delivery. Pursuant to Section 333.025(4), Florida Statutes, the Department of 42 Transportation shall have 15-days to review the application and provide comments, if any, 43 to the county, said time running concurrently with the review of the application by the 44 county. 45 46 (g) Hazard marking and lighting. The owner of a permitted obstruction shall be required to 47 install, operate, and maintain thereon, at his or her own expense, marking and lighting in 48 conformance with the specific standards set forth by the Federal Aviation Administration. 49 50 (h) Nonconforming uses. This section may not require the removal, lowering, or other change 51 or alteration of any obstruction not conforming to the regulation when adopted or amended, Page 16 of 37

1 or otherwise interfere with the continuance of any nonconforming use, except as provided 2 in subsection (e)(1) above. 3 4 (i) Abandonment. A nonconforming obstruction that has been abandoned or is more than 80 5 percent torn down, destroyed, deteriorated, or decayed shall not be granted a permit if it 6 would allow the obstruction to exceed the applicable height limit or otherwise deviate from 7 the airport protection zoning regulations. Whether or not an application is made for a 8 permit under this subsection, the owner of the nonconforming obstruction may be required, 9 at his own expense, to lower, remove, reconstruct, alter, or equip such obstruction as may 10 be necessary to conform to the current airport protection zoning regulations. If the owner 11 of the nonconforming obstruction neglects or refuses to comply with such requirement for 12 10 days after notice, the county may proceed to have the obstruction so lowered, removed, 13 reconstructed, altered, or equipped, and assess the cost and expense thereof upon the owner 14 of the obstruction or the land whereon it is or was located. 15 16 (j) Variances and modifications. Unless otherwise provided in this section, a petition for 17 variance from the requirements of this section shall be governed by the provisions of 18 section 72-379. Petitions for modifications from applicable land development 19 requirements shall be governed by section 72-501. 20 21 (k) Exemptions. Notwithstanding any other provisions herein, the following activities and 22 structures shall be exempt from the permitting requirements of this section: 23 24 (1) Existing structures that received construction permits from the Federal 25 Communications Commission that exceed federal obstruction standards before 26 May 20, 1975. A permit is not required for any necessary replacement or repairs 27 to such existing structures if the height and location are unchanged. 28 29 (2) Non-substantial improvements of existing residential structures and parcels, and 30 non-residential structures or parcels provided the principal use of the property has 31 not been discontinued for a period of no less than 180 consecutive days. 32 33 (3) Cranes, construction equipment, and other temporary structures in use or in place 34 for a period not to exceed 18 consecutive months are exempt from review by the 35 Florida Department of Transportation, unless request by FDOT. 36 37 SECTION II. SEVERABILITY - Should any word, phrase, sentence, subsection or 38 section be held by a court of competent jurisdiction to be illegal, void, unenforceable, or 39 unconstitutional, then that word, phrase, sentence, subsection or section so held shall be severed 40 from this ordinance and all other words, phrases, sentences, subsections, or sections shall remain 41 in full force and effect. 42 43 SECTION III: CONFLICTING ORDINANCES - All ordinances, or part thereof, in 44 conflict herewith are, to the extent of such conflict, repealed. 45 46 SECTION IV: EFFECTIVE DATE – A certified copy of this Ordinance shall be filed 47 with the Department of State by the County Manager within ten (10) days after enactment by the 48 County Council and this Ordinance shall take effect upon filing with the Department of State. 49 50 Page 17 of 37

1 ADOPTED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, IN OPEN 2 MEETING DULY ASSEMBLED IN THE COUNTY COUNCIL CHAMBERS AT THE 3 THOMAS C. KELLY ADMINISTRATION CENTER, 123 WEST INDIANA AVENUE, 4 DELAND, FLORIDA, THIS _____ DAY OF ____, 2017. 5 6 7 COUNTY COUNCIL 8 ATTEST: COUNTY OF VOLUSIA, FLORIDA 9 10 11 12 ______13 James T. Dinneen, County Manager Ed Kelley, County Chair 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35

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INTERLOCAL AGREEMENT BETWEEN CITY OF [______] AND COUNTY OF VOLUSIA

AIRPORT HAZARD AND INCOMPATIBLE LAND USE ZONING CHAPTER 333, FLORIDA STATUES

This Interlocal Agreement is made and entered between the CITY OF [______] (hereinafter referred to as the “City”), and the COUNTY OF VOLUSIA (hereinafter referred to as the “County”) (jointly, the “parties hereto”), this ___ day of ______, 2017.

WHEREAS, Section 163.01, Florida Statutes, authorizes local governments to enter into interlocal agreements providing for the joint exercise of any power, privilege or authority which the public agencies involved share in common and which each might exercise separately; and

WHEREAS, the City owns and operates the [______] (hereinafter referred to as the “Airport”), which is situated entirely within the municipal limits of the City; and

WHEREAS, the Airport Hazard Area, as defined in Section 333.01(4), Florida Statutes, as it pertains to the Airport, is located both within the City’s municipal limits and unincorporated Volusia County; and

WHEREAS, the City and the County are required by Section 333.03(1)(b), Florida Statutes, to either: 1. enter into an interlocal agreement to adopt, administer, and enforce a set of airport protection zoning regulations; or 2. adopt an ordinance, regulation or resolution creating a joint airport protection zoning board that shall adopt, administer, and enforce a set of airport protection zoning regulations;

WHEREAS, the City and the County have determined that the requirements of Section 333.03(1)(b), Florida Statutes, can best be complied with by this Interlocal Agreement (hereinafter referred to as the “Agreement”);

NOW, THEREFORE, in consideration of the following, and the mutual promises as contained herein, the sufficiency of which are hereby acknowledged, the City and the County agree as follows:

1. Airport Zoning Regulations. Pursuant to the procedures specified in Section 333.05, Florida Statutes, the County and the City shall concurrently develop, administer, and enforce updated airport protection zoning regulations governing the use of land on, adjacent to, or in the immediate vicinity of the Airport, in compliance with Sections 333.01 – 333.13, Florida Statutes.

2. Notification Provided to the City. The County shall, in writing, notify the City of each and every of the following:

A. Amendments. Any proposed amendment to the County’s Land Development Regulations or Comprehensive Plan that may directly or indirectly affect any property within the Airport Hazard Area as defined in Section 333.01(4), Florida Statutes, shall be disclosed to the City no later than thirty (30) calendar days prior to the date set for the initial Local Planning Agency public hearing to consider such Code or Plan amendments.

Page 34 of 37

B. Applications – Obstacle Hazards to Air Navigation. Any application for development activity, including any building permit, development order, subdivision approval, rezoning, conditional use, comprehensive plan amendment, non-conforming petition, variance, or any other official action of the County that will have the effect of permitting the development or alteration of land or a structure (hereafter referred to as the “Application”) for any property owned or controlled by any petitioner required to provide notice or prevent a hazard defined by Section 333.025, Florida Statutes, and/or Title 14, CFR, Subpart C, which include notice requirements and technical definitions for obstacles dangerous to air navigation, shall be disclosed to the City within ten (10) calendar days of the filing of such Application.

C. Applications – Noise Compatible Land Use. Any Application for development activity for any property within the area of a ______noise contour as designated in the Airport Zoning Regulations, including any building permit, development order, subdivision approval, rezoning, conditional use, comprehensive plan amendment, non-conforming petition, variance or any other action of the County which would have the effect of permitting development or alteration of land or structure, shall be disclosed to the City within ten (10) calendar days of the filing of such Application.

D. Applications – Education Facilities Near Airports. Any Application for a public or private educational facility within runway protection zones, as defined by Section 333.01(16), Florida Statutes, shall be disclosed to the City within ten (10) calendar days of the filing of such Application.

E. Applications – Staff Discretion. Any Application for development activity that could reasonably be expected to have an impact on the Airport shall be disclosed to the City within ten (10) calendar days of the filing of such Application. Applications expected to have an impact on the Airport include, without limitation, any Application reflecting a potential hazard to air navigation or a potential land use that is incompatible with normal airport operations or endangers the public health, safety or welfare, as described in Section 333.03(2), Florida Statutes; any Application subject to Florida Department of Transportation Aviation Office (hereinafter referred to as “FDOT Aviation”) or Federal Aviation Administration (hereinafter referred to as the “FAA”) permits or findings; and any Application for activities such as sanitary landfills, bird and other wildlife attractants, congregations of people, or emissions of light, smoke or other impairments to visibility.

F. Correspondence. When the County corresponds with the FAA or FDOT regarding land uses at the Airport or Airport operations, the County shall simultaneously provide the City with a copy of said correspondence.

3. City Comments. The City may provide comments on any Code or Plan amendment or Application for which notice was provided as required in Section 2, above, within fourteen (14) calendar days of receipt of notice as to any building permit and within thirty (30) calendar days of receipt of notice as to all other applications. The County must consider all City comments before making its final decision regarding each such amendment or Application.

4. Notification Provided to the County. The City shall provide the following to the County:

A. Correspondence to and from FAA and FDOT. The City shall copy the County with all correspondence to and from the FAA and FDOT Aviation relating to operation, maintenance, planning, evaluation, reporting, permitting and/or construction at, or for, the Airport which could reasonably be expected to affect the interests of the County. Page 35 of 37

B. Complaints Received. The City shall, on a quarterly basis, provide to the County as summary of the types and numbers of complaints received from citizens regarding Airport operations or activities (including the operation of aircraft), and shall also provide a summary of the responses thereto.

C. Airport Master Plan and/or Airport Layout Plan. In order to assist the County in land use planning as relates to areas of the County affected by Airport operations, the City shall review the [Airport Master Plan and/or Airport Layout Plan] at least once every five (5) years to determine whether updates or amendments are needed. The County shall be allowed input and involvement concerning any such updates or amendments. The City shall provide the County with copies of all correspondence concerning the [Airport Master Plan and/or Airport Layout Plan], and shall provide the County with copies of all [Airport Master Plan and/or Airport Layout Plan] update or amendment drafts, upon request. The City shall provide copies to the County of the final version of any proposed amendments or updates to the [Airport Master Plan and/or Airport Layout Plan] no later than thirty (30) calendar days prior to the date set for the initial City public hearing to consider such amendments or updates. The City shall notify the County within thirty (30) calendar days of when application is made for federal funding sought as a result of updates or amendments to the [Airport Master Plan and/or Airport Layout Plan].

D. Change in Use, Activities, or Operations. The City shall provide written notice to the County of any change in Airport use, activities, or operations which may reasonably be expected to have a material impact on adjacent and nearby land uses. Such notice shall be in writing and provided at least thirty (30) calendar days before the change is implemented.

5. FDOT Obstruction Permits Required. The Airport Zoning Regulations shall continue to require that no development order be issued by the County for the construction or alteration of structures dangerous to air navigation or for structures governed by Title 14, CFR, Part 77 unless a permit has first been obtained from FDOT Aviation (or FDOT Aviation confirms that no such permit is required) or the City, as applicable. The City shall be given the opportunity to review and make recommendations regarding whether the issuance of such permit adversely impacts Airport operations.

6. Enforcement of Agreement. Each party hereto may enforce this Agreement by any legal means whatsoever.

7. Recording and Filing. This Agreement (and all future amendments hereto, if any) shall be recorded in the Public Records of Volusia County, Florida, and filed with FDOT Aviation, pursuant to Section 333.03(3), Florida Statutes. The County shall files its respective Airport Zoning Regulations (and all future amendments thereto) and related variances decisions with FDOT Aviation, pursuant to Section 333.03(3), Florida Statutes.

8. Amendment and Termination of Agreement. The Agreement may be amended from time to time, as deemed desirable or necessary, and shall be amended, to the extent required by law; and shall continue until lawfully terminated by mutual agreement.

9. Governing Statutes. Chapter 333, Florida Statutes, Airport Zoning, and Title 14, CFR, Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace, subpart C shall be utilized to clarify ambiguities, if any, with regard to relevant aspects of the Agreement, including its scope, use, obstruction standards and definitions. Future amendments to Chapter 333 or Part 77 may also be utilized to clarify ambiguities with respect to the interpretation of this Agreement.

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10. Sovereign Immunity. The parties agree that nothing contained herein is intended to, nor shall be construed as, a waiver of the City or County’s rights and immunities under common law or Section 768.28, Florida Statutes, as might be amended from time to time.

11. Notice. Any official notice or correspondence, copy of correspondence, copy of Application, copy of [Airport Master Plan and/or Airport Layout Plan] amendment or update, copy of report, request for comment, or other written communication that is required by the terms of this Agreement by either the City or the County shall be provided to the following:

To the County: County Manager 123 West Indiana Avenue DeLand, Florida 32720

To the City: City Manager [______] [______]

12. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.

CITY OF [______], FLORIDA, a municipal corporation, Attest:

______[______], City Clerk [______], Mayor

Approved as to form and legal sufficiency:

______[______], City Attorney

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COUNTY OF VOLUSIA, a political subdivision of the State of Florida,

ATTEST:

______James T. Dinneen, County Manager Ed Kelley, County Chair

Approved as to form and legal sufficiency:

______