Florida Statutes 333.06 – Airport zoning regulation requirements
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Terms Used In Florida Statutes 333.06
- Airport: means any area of land or water designed and set aside for the landing and taking off of aircraft and used or to be used in the interest of the public for such purpose. See Florida Statutes 333.01
- Airport hazard: means an obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities. See Florida Statutes 333.01
- Airport master plan: means a comprehensive plan of an airport which typically describes current and future plans for airport development designed to support existing and future aviation demand. See Florida Statutes 333.01
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Continuance: Putting off of a hearing ot trial until a later time.
- Department: means the Department of Transportation as created under…. See Florida Statutes 333.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obstruction: means any existing or proposed object, terrain, or structure construction or alteration that exceeds the federal obstruction standards contained in 14 C. See Florida Statutes 333.01
- Political subdivision: means the local government of any county, municipality, town, village, or other subdivision or agency thereof, or any district or special district, port commission, port authority, or other such agency authorized to establish or operate airports in the state. See Florida Statutes 333.01
- Public-use airport: means an airport, publicly or privately owned, licensed by the state, which is open for use by the public. See Florida Statutes 333.01
- Runway protection zone: means an area at ground level beyond the runway end to enhance the safety and protection of people and property on the ground. See Florida Statutes 333.01
(1) REASONABLENESS.–All airport zoning regulations adopted under this chapter shall be reasonable and may not impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations it may adopt, each political subdivision and joint airport zoning board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area and runway protection zones, the character of the neighborhood, the uses to which the property to be zoned is put and adaptable, and the impact of any new use, activity, or construction on the airport’s operating capability and capacity.
(2) INDEPENDENT JUSTIFICATION.–The purpose of all airport zoning regulations adopted under this chapter is to provide both airspace protection and land uses compatible with airport operations. Each aspect of this purpose requires independent justification in order to promote the public interest in safety, health, and general welfare. Specifically, construction in a runway protection zone which does not exceed airspace height restrictions is not conclusive that such use, activity, or construction is compatible with airport operations.
(3) NONCONFORMING USES.–An airport protection zoning regulation adopted under this chapter may not require the removal, lowering, or other change or alteration of any obstruction not conforming to the regulation when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in s. 333.07(1) and (3).
(4) ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO AFFECTED LOCAL GOVERNMENTS.–An airport master plan shall be prepared by each public-use airport licensed by the department under chapter 330. The authorized entity having responsibility for governing the operation of the airport, when either requesting from or submitting to a state or federal governmental agency with funding or approval jurisdiction a “finding of no significant impact,” an environmental assessment, a site-selection study, an airport master plan, or any amendment to an airport master plan, shall submit simultaneously a copy of said request, submittal, assessment, study, plan, or amendments by certified mail to all affected local governments. As used in this subsection, the term “affected local government” is defined as any municipality or county having jurisdiction over the airport and any municipality or county located within 2 miles of the boundaries of the land subject to the airport master plan.