§ 5. Airport permit procedure and criteria.

A.

Airport permit required: Any person proposing to construct, alter, or allow an obstruction in an airport hazard area, as required by this Article, shall apply for an airport permit, as applicable. An airport permit may not be issued if it would allow the establishment or creation of an airport hazard or if it would permit a nonconforming obstruction to become a greater hazard to air navigation than it was when the applicable airport zoning ordinance was adopted which allowed the establishment or creation of the obstruction, or than it is when the application for a permit was made.

B.

Federal Aviation Administration (FAA) Coordination: All applicable FAA forms shall be completed, and a determination letter shall be filed with the application for a permit. Refer to the FAA Notice Criteria Tool on the FAA website to determine whether an aeronautical study is required for the proposed development.

C.

Airport permit application:

1.

In addition to the standard requirements to obtain a permit, the applicant shall submit to the county airport manager a completed airport permit application form (as provided by the county). Airport permit requests may be considered concurrent with development plan or other permit approval process. The FAA Determination Letter received as part of the FAA coordination shall be submitted to the county along with the airport permit application, if applicable.

2.

The county airport manager shall provide a copy of the application to the Florida Department of Transportation Aviation and Spaceports Office by certified mail, return receipt requested or by email to [e-mail]. In accordance with subsection 333.025(4), Florida Statutes, the Department has a fifteen-day (15) review period following receipt of the application, which runs concurrently with the county's permitting process.

3.

Cranes, construction, equipment, and other temporary structures in use or in place for a period not to exceed eighteen (18) consecutive months are exempt from the department review unless such review is requested by the department.

D.

Criteria for granting or denying an airport permit:

1.

In determining whether to issue or deny an airport permit, the following criteria shall be considered, as applicable:

a.

The safety of persons on the ground and in the air.

b.

The safe and efficient use of navigable airspace.

c.

The nature of the terrain and height of existing structures.

d.

The effect of the construction or alteration on the state licensing standards for a public-use airport contained in chapter 330 and rules adopted thereunder.

e.

The character of existing and planned flight operations and developments at public-use airports.

f.

Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated by the Federal Aviation Administration.

g.

The effect of the construction or alteration of the proposed structure on the minimum descent altitude or the decision height at the affected airport.

h.

The cumulative effects on navigable airspace of all existing structures and all other known proposed structures in the area.

(Ord. No. 2018-14, § 1, 8-28-18)