§ 260-10. Airport proximity and navigational hazard regulations.

(A)

[Height limitations, review requirements.] See article 220 for special height limitations and Federal Aviation Administration (FAA) and Florida Department of Transportation (FDOT) review requirements.

(B)

[Additional regulations.] See F.S. ch. 333 for additional height, land use, and zoning regulations in the vicinity of airports.

(C)

[Visual hazards, electronic interference.] Proposed developments that produce light or illumination, smoke, glare or other visual hazards, or produce electronic interference with airport/airplane navigation signals are subject to the standards specified in the FAA Procedures Manual 7400-2 G, as amended, consistent with F.S. § 333.03(3), as may be applied and enforced by the state and/or federal governments.

(D)

[Illumination.] Lights or illumination used in conjunction with streets, parking, signs or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from a public airport or in the vicinity thereof.

(E)

[Visual hazards.] No operations of any type shall produce smoke, glare or other visual hazards within three (3) statute miles of any usable runway of the airport.

(F)

Obstruction marking and lighting. Notwithstanding the preceding provisions of this section, the owner of any structure (1) that has been classified by the FAA as an "obstruction to air navigation," or (2) measures over two hundred (200) feet above ground level, or (3) has been required to do so as a provisions of an FAA airspace determination shall install and perpetually maintain obstruction marking and lighting in accordance with Federal Aviation Administration Advisory Circular 70-7460-1K and amendments thereto on such structure. This obstruction marking and lighting may include highly contrasting paint patterns, flashing red beacons, steady-burning red obstruction lights or high-intensity obstruction lights. All required obstruction marking and lighting must be installed and perpetually maintained in accordance with Federal Aviation Administration Advisory Circular 70-7460-1K and amendments thereto.

(G)

[Safety of aircraft.] No permit will be granted for any development or structure if the FAA or FDOT determines that the proposed development activity would endanger the landing, takeoff, or maneuvering of any aircraft in violation of state or federal law. Federal regulation 14 CFR part 77 provides that FAA review will include review of obstructions that would affect airport facilities and also planned airport facilities or uses, or planned change in an existing airport facility or use.

(H)

Wildlife attraction. Any proposed development or the expansion of an existing development having the potential to attract wildlife shall not be permitted within a five-thousand-foot radius of Fort Lauderdale/Hollywood International Airport unless the applicant can demonstrate that the development will not pose a hazard to aircraft operations. The city will discourage any use having the potential to attract wildlife within a radius of ten thousand (10,000) feet of the airport, per FAA Advisory Circular.

(I)

Runway protection zone (RPZ). The RPZ's function is to enhance the protection of people and property on the ground. This is achieved through airport owner control over RPZs. Such control includes clearing RPZ areas (and maintaining them clear) of incompatible objects and activities. Land uses prohibited from the RPZ are residences and places that are involve concentrations of people (places of public assembly, schools, hospitals, office buildings, shopping centers, and other uses with similar concentrations of persons.) Fuel storage facilities may not be located in the RPZ. This subsection shall prevail in the event of conflict with any other provision of the Land Development Code.

(J)

Educational facilities. Pursuant to F.S. § 333.03(3), construction of any educational facility of a public of private school shall be prohibited at either end of a runway within an area which extends five (5) miles in a direct line along the centerline of the runway, and which has a width measuring one-half (½) the length of the runway. Consistent with F.S. § 333.03(3), an exception approving construction of an educational facility within the delineated area shall only be granted if the city commission makes specific findings detailing how the public policy reasons for allowing the construction outweigh health and safety concerns prohibiting such a location.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2011-007, § 11, 2-22-11)