Okaloosa County BOCC — October 4, 2013 — Exhibit 3 - Ordinance — reading text

ORDINANCE NO. 13- AN ORDINANCE AMENDING THE OKALOOSA COUNTY LAND DEVELOPMENT CODE, ORDINANCE NO. 91-1, AS AMENDED, AMENDING CHAPTER 2, SECTION 2.20.00 “SPECIAL USES”; CREATING NEW SUBSECTION 2.20.09 ENTITLED “* AIRCRAFT RESTRICTED ZONE”; REPEALING ALL ORDINANCES, OR PORTIONS THEREOF, IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE, WHEREAS, the Board of County Commissioners of Okaloosa County (the “Board”) is specifically empowered by Section 125.01, Florida Statutes to establish, coordinate, and enforce zoning regulations as are necessary for protection of the public, and; WHEREAS, Section 7.46, Florida Statutes sets forth the county boundary of Okaloosa County including surface waters within the jurisdiction of the State of Florida, and; WHEREAS, Section 163.3171, Florida Statutes requires counties to adopt and enforce a Comprehensive Plan, including land development regulations pursuant to s.163.3201 and s.163.3202, for the total unincorporated land and water area under its jurisdiction, and; WHEREAS, the Board enacted Ordinance Number 91-1, as amended, which establishes the Land Development Code including Chapter 2, “Zoning Regulations”, and; WHEREAS, the Board enacted Ordinance Number 96-1 lestablishing a “Restricted Area” for the water bodies known as Destin Harbor, East Pass, and Sandpipier Cove citing necessity to protect the public safety due to vessel traffic congestion, obstructed visibility, and the likelihood of boating accidents, and; WHEREAS, the Boating Accidents Statistical Report 2012 published by the Florida Fish and Wildlife Conservation Commission lists Okaloosa County as number 5 out of the top ten counties for reportable boating accidents, and; WHEREAS, the aforementioned boating accident report shows a preponderant occurrence of boating accidents in the vicinity of the water body known as “East Pass”, and; WHEREAS, the Board finds that the introduction of aircraft operations such as hang gliders, parasail rides, hot air balloons, helicopter rides, seaplane rides, glider excursions, and similar operations in the vicinity of East Pass creates unnecessary potential conflict between aircraft take-off and landing operations and lawful water-related recreational activities such as boating, fishing, swimming, fishing, etc. due to intense and extensive boating activity and water-related recreational use, vessel traffic congestion, obstructed visibility, danger of crash and collision, frequency dnd occurrence of boating accidents, and availability of other areas for aircraft take-off and landing operations. WHEREAS, the area regulated by this Ordinance represents a fraction of the surface waters in Okaloosa County available for aircraft take-off and landing operations, and; WHEREAS, this Ordinance is for zoning purposes only and relates strictly to local control over ground and water space, andis not intended in any way to regulate aircraft safety, navigable airspace, aircraft noise, aircraft in flight, vessel equipment performance or safety standards, or the operation of vessels. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA. Section 1. The Okaloosa County Land Development Code, Ordinance Number 91-1, as amended, is hereby amended and revised as follows. Section 2. Chapter 2, Section 2.20.00 “Special Uses” is revised and amended to create a new Subsection 2.20.09 entitled “Aircraft Restricted Zone” as shown in Exhibit 1. Section 3. This Ordinance shall become effective as provided by law, and does hereby repeal any ordinances, or provisions thereof, in conflict herewith. Should any word, phrase, sentence, subsection, section or other part of this Ordinance be held by a court of competent jurisdiction to be illegal, void, unenforceable, or unconstitutional then the part so held shall be severed from this Ordinance and the remainder of this Ordinance shall remain in full force and effect. DULY PASSED AND ADOPTED in regular session this the 9" day of November, 2013, BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA Don R. Amunds Chairman ATTEST: Don W. Howard Clerk of Court Exhibit 7 2.20.09 AIRCRAFT RESTRICTED ZONE 2.20.001. Purpose: Protect the public health, safety, and welfare by reducing potential conflicts between aircraft operations and lawful water-related recreational activities such as boating, fishing, swimming, etc. due to intense and extensive boating activity and water-related recreational use, vessel traffic congestion, obstructed visibility, danger of crash and collision, frequency and occurrence of boating accidents, and availability of other areas for aircraft operations, 2.20.092: Aircraft Restricted Zone: The Aircraft Restricted Zone is the water surface included within the area described as follows and referenced to NOAA Chart No.11385: beginning at beacon G “15” heading 90 degrees east, more or less, to the city limits of the City of Destin; thence following the city limit boundary through the area known as “East Pass” to a line between channel lights G “3” and R “4”; thence northwesterly along the shoreline of Okaloosa Island to a point-southwest of beacon G-“5"-thence in-a-line-heading-15-degrees-north;more-or-less,-to- - - beacon G “18”. 2.20.093 Aircraft Defined: For purposes of this subsection “aircraft” means a device that is used or intended to be used for flight in the air. This specifically includes: hang gliders, parasail rides, hot air balloons, helicopter rides, seaplane rides, glider excursions, water-propelled “jetoacks”, and similar operations. 2.20.094 Restrictions: Within the zone described in 2.20.92 above the departure and takeoff or arrival and landing of any aircraft as defined herein shall be prohibited. This includes any such departure and takeoff or arrival and landing conducted from the water, a vessel, barge, platform, floating structure or other similar means. This restriction relates strictly to control over ground space and is not intended in any way to regulate aircraft safety, navigable airspace, aircraft noise, aircraft in flight, vessel equipment performance or safety standards, or the operation of vessels. .