Okaloosa County BOCC — 2013 meeting #1141 (date undetermined) — Ordinance Amending Section 2-20-06 — reading text

ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY FLORIDA REPEALING AND REPLACING SECTION 2.20.06 OF THE LAND DEVELOPMENT CODE, ORDINANCE 91-1, AS AMENDED; PROVIDING SITING CRITERIA FOR THE ESTABLISHMENT OF PRIVATE AIRPORTS, AIRPARKS, AND SCENIC TOUR OPERATIONS, PROVIDING FOR EXEMPTIONS; PROVIDING FOR COMPATIBILITY ANALYSES; PROVIDING FOR INCLUSION IN THE COUNTY CODE; PROVIDING FOR GENERAL REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SERVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. RECITALS WHEREAS, Chapter 125, Florida Statutes, grants counties broad authority and provides for the adoption of ordinances to provide for self-governance; and WHEREAS, the Florida Legislature has enacted a Local Government Comprehensive Planning and Land Development Regulation Act (Chapter 163, Part II, Florida Statutes) which authorizes and directs local governments to prepare and implement comprehensive plans and land development regulations; and, WHEREAS, Okaloosa County first adopted its Comprehensive Plan pursuant to County Ordinance 90-1 and its first implementing land development regulations pursuant to County Ordinance 91-1 which is also known as the “Land Development Code”; and WHEREAS, the Board of County Commissioners has determined that it is in the best interests of the general public to amend the Ordinance 91-1, Land Development Code, to revise those provisions pertaining to pertaining to the siting and operation of private airports, airparks, and scenic aerial sightseeing operations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSINERS OF OKALOOSA COUNTY, FLORIDA: Section 1. Conformance with Applicable Laws. This ordinance is hereby adopted in conformity with Chapter 125, FS, and all other applicable laws. Section 2. Amendment of Ordinance 91-1, Land Development Code. Ordinance 91-1, also referred to as the Land Development Code, is hereby amended as follows: A. Section 2.20.06 of the Land Development Code is hereby repealed and replaced in its entirety as provided, below: 2.20.06 Private Airports; Residential Airparks; Aerial Scenic and Sightseeing Business A. Private Airport 1.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. 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. 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. 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. 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, residential airpark, or aerial scenic and sightseeing business established after the effective date of this regulation. Any private airport, residential airpark, or aerial scenic and sightseeing business 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. Section 3. Incorporation into County Code. It is hereby directed by the Board of County Commissioners that the amendments provided herein be incorporated into the Code of Ordinances of Okaloosa County, Florida, and that any renumbering of the various sections is hereby authorized as necessary to achieve that directive. Section 4. General Repeal of Conflicting Provisions. Any ordinances or portions of the Code of Ordinances of Okaloosa County in conflict herewith are hereby repealed. Section 5. Severability. If any section, subsection, clause, or other part of this ordinance is deemed unlawful in any court of law competent to decide such matters, said section, subsection, clause, or other part shall be severed and held as a separate provision and shall have no effect on the remainder. Section 6. Effective Date. This ordinance shall take effect as provided by law. PASSED AND DULY ADOPTED in regular session this _______ day of ___________, 2013. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: ____________________________________ Don R. Amunds, Chairman ATTEST: _________________________________ Don Howard Clerk of Circuit Court