Okaloosa County BOCC — 2013 meeting #1141 (date undetermined) — Airpark Group 7-9-13 Recommendations for Section 2-20-06 Amendments — reading text

OPTION 3: The substantive changes to existing regulations are to include restrictions on “Aerial Scenic and Sightseeing Business” as specified in Section C, change paragraph iii in Section B at the request of concerned citizens, and the addition of Section D which specifies exemptions. Existing regulations to remain unchanged are shown in black font. New language is shown in blue underlined font. Language to be deleted is shown in strike-through red font. Strike-through green font are recommended edits of the airpark group. 2.20.06 Private Airports; Residential Airparks; Aerial Scenic and Sightseeing Business A. Private Airport 1. "Airport" means an area of land or water used for, or intended to be used for, landing and takeoff of aircraft, including appurtenant areas, buildings, facilities, or rights-of-way necessary to facilitate such use or intended use. “Aircraft” means a powered or unpowered machine or device capable of atmospheric flight, except a parachute or other such device used primarily as safety equipment. "Private airport" means an airport, publicly or privately owned, which is not open or available for use by the public, but may be made available to others by invitation of the owner or manager. “Public airport” means an airport, publicly or privately owned, which is open for use by the public. Private airports may be allowed by special exception in AA, INST, and I-1 zoning districts subject to requirements specified herein. 2. All private airports must comply with the provisions of Chapter 330, Fla. Stat. as well as any other federal or state permits, licenses or authorizations. Any such authorizations must be obtained prior to or as a condition of the granting of a special exception. 3. Uses and activities allowed within a private airport include the following: a. Runway(s), taxiways, parking ramps, and hangars for the use of the licensee and licensee invitees for the parking and storing of aircraft. b. Residential dwellings provided that it does not constitute a subdivision as defined in Chapter 177, Fla. Stat., a copy of which is attached hereto. Noncommercial fuel facilities for the not for profit use of the licensee and invitees, provided the facility is properly permitted to meet health and safety standards. c. Permitted and accessory uses as allowed by the applicable zoning district regulations. d. Activities essential to and commensurate with the operation of an airport, including but not limited to flight instruction, aircraft storage, aircraft maintenance, aircraft fueling and other activities appropriate at a private airport. B. Residential Airparks 1. A Residential Airpark is a residential subdivision containing a private airport for the use of the owner(s) and invitees. Residential airparks may be allowed by special exception in the AA and RR zoning districts subject to requirements specified herein. a. All requirements for a private airport shall apply. b. Any residential airpark shall be compatible with the established character of the surrounding neighborhood and be of a scale and intensity that shall not result in an adverse impact on residential uses in the surrounding neighborhood. c. A legal entity shall be created to be responsible for ownership and maintenance of any common space. The legal entity may be a property owner’s association, homeowner’s association or other appropriate entity approved by the County. A document shall be prepared and recorded which contains either restrictions or protective covenants. The document shall be included with the recorded plat for the subdivision. d. The following uses may be allowed within the airpark to be determined by the special exception. i. Single and multi-family dwelling units provided they do not exceed the Future Land Use category density, and aircraft hangars on individual platted lots. ii. Private runway(s), taxiway(s), and parking ramp(s) on designated common areas or area under unified control of the subdivision. iii. Noncommercial fuel facilities for the not for profit use of owners of platted lots and invitees. iii. Activities essential to and commensurate with the operation of an airport, including but not limited to flight instruction, aircraft storage, aircraft maintenance, aircraft fueling and other activities appropriate at a private airport. C. Aerial Scenic and Sightseeing Business These are businesses primarily engaged in providing scenic and sightseeing transportation from aircraft including helicopter rides, hot air balloon rides (except moored balloons), and glider excursions. The services provided are usually local and involve same-day return to place of departure. Any aerial scenic and sightseeing business conducted from land or a water body must be undertaken from a duly licensed and permitted public or private airport, unless otherwise specifically approved as a special exception by the Board of Adjustment. D. Exemptions The provisions of this section shall not apply to the following. 1. Public aircraft, those of the federal government, state or political subdivision hereof, or any tax district, city, county, mosquito control district, or the emergency use of helicopters while such aircraft are providing services to the citizens, nor shall this section apply to publicly or privately owned helicopters serving as ambulances, or search and rescue vehicles, or when in use for police, fire, or public service or like duties. 2. The incidental use of privately owned locations for the occasional, non-commercial use as a private helistop. Such incidental use is defined as no more than two operations (one takeoff and one landing) at that location within any given 24-hour period, and no more than six operations (three takeoffs and three landings) within any seven-day period, and for no longer than a 30-day period after the time of the first operation. 3. The incidental use of public waters for the occasional, non-commercial use as a seaplane landing area, provided such use does not threaten the health, safety and welfare of any member of the public. 4. Aerial spraying or “crop-dusting” when conducted in association with farm operations or bona fide agricultural activities, and when authorized by applicable federal and state laws and rules. 5. The provisions and requirements of this section shall apply to any private airport or residential airpark established after the effective date of this regulation. Any private airport or residential airpark in existence as of the effective date of this regulation that is moved or relocated shall be subject to the provisions and requirements of this section.