Fort Walton Beach Ordinance — 2121--Amend LDC CH 1&2 Prohibition of Aircraft ops Within City Limits — reading text

READI 1, DATE Iat S-9- q 2nd S-Zi-a 3 ORDINANCE 2121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING CHAPTER 1 AND CHAPTER 2 OF THE LAND DEVELOPMENT CODE FOR PROHIBITION OF AIRCRAFT OPERATIONS WITHIN THE CITY LIMITS; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the current Land Development Code provides a list of allowable uses in each zoning district; and WHEREAS, the current Land Development Code prohibits all uses not specifically allowed; and WHEREAS, the current Land Development Code does not specifically address aircraft operations; and WHEREAS, after review of surrounding jurisdictions, the Growth Management Department believes the addition of specific prohibitions against aircraft operations would alleviate potential issues in the future; and WHEREAS, the City Council finds that this prohibition will help ensure the public health and safety of citizens and visitors who use the public waterways located within the limits or jurisdiction of, or bordering on, the City of Fort Walton Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority and Intent The authority for enactment of this ordinance is contained in Chapter 166. 021, 163. 3202, 330. 36 and other provisions of the Florida Statutes and Section 2 of the City Charter. Section 2. Amendment of Land Development Code Section 1. 08. 02 - List of Defined Terms Aircraft: as described herein, is hereby defined as a manned powered or unpowered machine or device capable of atmospheric flight except an unpowered parachute or other such device used primarily as safety equipment. This does not include drones as defined in 934. 50 F. S. Section 3. Amendment of Land Development Code Chapter 2 - Zoning Districts and Uses. 2. 03. 06 Aircraft Operations within the City Limits: 2. 03. 06. 01. Except as otherwise specifically authorized by applicable federal law, it shall be unlawful for any aircraft to land, takeoff or otherwise operate within the city limits or on any public waters of the state located within the limits of, or bordering on, the City of Fort Walton Beach other than in the  event of a bonafide emergency. 2.03. 06.02. Ground- based locations for seaplanes ( nick -up and drop off locations) are prohibited. 2. 03. 06.03. Any person who violates any of the provisions of this section or any of the rules or orders issued pursuant thereto is guilty of a misdemeanor of the second degree, punishable as provided in 775. 082 F. S. or 775. 083 F.S. Section 4. Applicability For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Fort Walton Beach. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance. Section 5. Inclusion into the Land Development Code It is the intent of the City Council that the provisions of this ordinance shall become and be made a part of the City of Fort Walton Beach' s Land Development Code, and that the sections of this ordinance may be renumbered or relettered and the word `ordinance" may be changed to section," " article," " regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. Severability In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are declared severable. Section 7. Findings The City Council of the City of Fort Walton Beach finds that the Local Planning Agency reviewed and recommended approval of the ordinance on May 4, 2023. The City Council of the City of Fort Walton Beach finds that the proposed ordinance is consistent with the goals, objectives, and policies of the City' s Comprehensive Plan. The City Council of the City of Fort Walton Beach finds that all notice requirements for enactment of the ordinance have been met in accordance with the Florida Statutes and the City' s Land Development Code. Section 7. Effective Date This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor. Attest: Kim aures, City Cle Additions are underlined;