HomeMy WebLinkAboutItem #34 - Discussion ItemCITY OF MIAMI, FLORIDA 22
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members DATE: JAN 3 0 2003 FILE:
f the Ci Commission
SUBJECT: Discussion item concerning
proposed Miami -Dade County
airport zoning Ordinance
FROM: oe Arriola REFERENCES:
ity Manager/Chief Executive Officer
ENCLOSURES: Map, County Ordinance
BACKGROUND
In November 2002 the Board of County Commissioners was scheduled to consider an Ordinance
"providing land use compatibility between Miami International Airport and off -airport
development." The item was withdrawn but now is scheduled for Transportation Committee
consideration on February 13'h and Board of County Commissioners consideration in March. The
proposed Ordinance establishes various zones and districts within which limitations on
development are imposed, including zones within which new residential and school facilities
development are prohibited and zones within which new residential and school facilities
development must incorporate noise reduction measures.
The City administration expressed concern to the County Manager in a letter dated December
18`" regarding this item's potential negative impact on the quality of life of Miami's residents,
and requested that the County postpone action on the item until the concerns of the City of
Miami had been addressed. A February 10th meeting is scheduled for City staff to discuss the
proposed Ordinance with County airport officials.
JA/GCl/ A
/SWI
Y
DI CUSSED
JAN.-24'03(FRI) 14:51 AIRCRAFT NOISE/ENVR PLANNING TEL:305 869 3908 P.001
Approved Mayor Substitute No. 2
Veto Agenda Item No. 4(1)
Override
DIM
ORDINANCE NO.
ORDINANCE RELATING TO MIAMI INTERNATIONAL
AIRPORT (WILCOX FIELD) ZONING; AMENDING ARTICLE
XXXVIi, PERTAINING TO MINIMUM STANDARDS,
DEFINITIONS, AIRPORT ZONING, ZONE CLASSIFICATION
DISTRICTS, HEIGHT LIMITATIONS, LAND USE ZONING
CRITERIA, USE RESTRICTIONS, ADMINISTRATION AND
ENFORCEMENT, PERMITS, NONCONFORMING USES,
VARIANCES, CONDITIONS TO VARIANCES; PROVIDING
FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COM HSSIONERS OF
MIAMI-DADE COUNTY, FLORIDA:
Section 1. Article XXXVII of the Code of Miami -Dade County, Florida, is hereby
amended as follows:/
ARTICLE XXXVII. MIAMI
INTERNATIONAL AIRPORT (WILCOX
FIELD) ZONING
See. 33-331. Provisions hereof established as minimum standards
governing zoning.
It is established that the airport zoning area for Miami International Airport
(Wilcox Field), the zone classification districts therein and the height limitations
applicable to such districts, as the same are hereinafter set forth, shall be
incorporated with all other minimum standards governing zoning heretofore or
hereinafter adopted pursuant to Section 4.07 of the Home Rule Charter for
[[Mem]] >>ni-«Dade County, Florida.
Sec. 33-332. Definitions.
'Words stricken through and/or [[double bracketed]] shall be deleted. Words =tersoored
and/or >>double arrowed« constitute the amendment proposed. Remaining provisions are now
in effect and remain unchanged.
wfi
JAN.-24'03(FRI) 14:51 AIRCRAFT NOISE/ENVR PLANNING TEL:305 869 3908
Substitute No. 2
Agenda Item No. 4(n
Page 2
In construing the provisions hereof and each and every word, term, phrase or part
thereof, where the context will permit, the definitions provided in Section 1.01,
Florida Statutes, and Section 33-1 and Section 33-302 of the Code of
[[Me#epelit ) »Miami -«Dade County, Florida, and the following definitions
shall apply:
(3) [[ e�]]>>H<<azard >>to Air Navigation« means >>an
obiect which the Federal Aviation Administration determines will
have substantial adverse effect upon the safe and efficient use of
navigable airspace by aircraft. operation of air navigation_ facilities. or
existing or potential airport capacity.« [[
of
]]
(10) Runway means [[a]] >> the «[
]] »defined area on an airport prepared for
<< landing and [[fig-eff ]] >> take -off of aircraft alone its
len .«
>>(141 Obstruction means any structure, erowth, or other object including
a mobile object, which exceeds the height limitation as set forth
herein.
Airport hazard means any structure, obstruction. tree or use of land
which would exceed the federal obstruction standards as contained
in 14 C.F.R., SS. 77.21, 77,23. 77.25, 77.28 and 77.29 and which
obstructs the airsvace required for the flight of aircraft in takirt
off, maneuvering, or landing or is otherwise hazardous to such
taking ofE maneuvering, or landing of aircraft.
1U6Z Educational facilities shall mean those facilities as defined by
Chapter 1013, Florida Statutes, as amended, and as defined by the
Code of Miami -Dade County. It isRrovided, however that for
purposes of this article educational facilities shall not include
"baby -situps services for shoppers" and "family day care homes"
as those terms are defined in section 33-151.11 of the Code
P. 002
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%M
Substitute No. 2
Agenda Item No. 4(1)
Page 3
Aviation -related schools shall mean any educational facility whose
to: the operation and construction of aircraft, aircraft power Plants
and accessories mclu&g the repair packing and maintenance of
parachutes• the des' establishment, constriction. extension.
gperation improvement: repair or maintenance of airports or other
air navigation facilities: and instruction in flying or subiects
»ertainin tg_hereto.
(Ug New Construction shall mean any residential or educational facility
or other structure constructed after the effective date of this
Ordinance.
Height • For the purpose of determining the height limits in all
districts set forth in this article and shown on the boundary map for
airport zone classification districts, the datum shall be mean sea
level (MSL) elevation unless otherwise specified
20Day Night Noise Level MN
L) Noise Contour • Mgp showing
concentrations of aircraftnoise around an airgort This is
calculated based on DNL or day night noise levels which are
averaged over a year.
fM Qfficial Noise Contour Maw : A noise contour map prepared for an
airport and approved by the operator of that airport.«
Sec. 33-333. Establishment of airport zoning area for Miami
International Airport (Wilcox Field).
For the purpose of this article there is hereby created and established the airport
zoning area for Miami International Airport (Wilcox Field), and it is hereby
ordained that such area shall include, and that the provisions—of this article shall
be applicable to and embrace, all of the unincorporated and incorporated land and
water area lying, situate and being in those certain portions of »Miami -«Dade
County, Florida, within the following described boundaries:
(1) Northern boundary. Commencing at the intersection of the
»Miami-« Dade County-Broward County line and the centerline of
U.S. Highway 27, proceed easterly along the County line to the range
line between Range 42 and Range 43 East.
(2) Eastern boundary. Commencing at the intersection of the
>>iami-<< Dade County-Broward County extended, and the range
JAN.-24'O3(FRI) 14:52 AIRCRAFT NOISE/ENVR PLANNING TEL:305 869 3908
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Agenda Item No. 4(n
Page 4
line between Range 42 East and Range 43 East, proceed southerly
along said range line to the intersection of theoretical S.E. 152 Street.
See. 33-334. Establishment of zone classification districts for airport
zoning nrea.[j, MWU for review of land moo and me
madifies0eas in air -port aerAng are11
(A) For the purpose of this article all of the airport zoning area for Miami
International Airport (Wilcox Field), as the same is created, established and
described hereinbefore, is hereby divided into airport zone classification districts
as follows;
(1) Lor Landing districts »(Primary cess << A "landing
district" is established for each instrument runway. A landing
district for an instrument runway shall have a uniform width of one
thousand (1,000) feet, shall extend for the full length of such
runway plus a distance of two hundred (200) feet beyond each end
thereof and shall include such runway and be symmetrical about the
centerline thereof. Each landing district shall embrace and include
all of the land and water area lying vertically beneath an imaginary
surface referred to as the primary surface which shall have an
elevation equal to the elevation of the nearest point on the runway
centerline.
(2) L4 or Instrument approach districts. An "instrument approach
district" is established for each end of each instrument runway for
instrument landings and takeoffs, and it is finther established that
each instrument approach district shall embrace and include all of
the land and water area lying vertically beneath an imaginary
inclined surface which shall hereafter, for the purposes of this article,
be referred to and described as the instrument approach surface.
The instrument approach surface shall begin on a base
one thousand (1,000) feet wide, such base to be at a
position two hundred (200) feet beyond the end of the
runway and from such base the approach surface shall
widen uniformly to sixteen thousand (16,000) feet at a
horizontal distance of fifty thousand »two hundred«
(50,[[889]]»200«) feet beyond the [ -ase of 46a
appmach swKaee, I »end of the runway« the centerline
Of [[euah 4gprear jI »tom' << surface being the
] »extension« of the centerline of the
runway.
P. 004
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Substitute No. 2
Agenda Item No. 4(1)
Page 5
(5) DZ or Departure zone district. A "departure zone district" is hereby
established adjacent to each instrument runway, aqd it is further
established that each departure zone district shall embrace and
include all of the land and water area lying vertically beneath
imaginary inclined surfaces which shall hereafter, for the purpose of
this article, be referred to and described as departure [[zeniarefw
�]] >>zone surface 1 and departure zone surface 2. The
high structure set-aside district, which is hereinafter established and
described, shall not be a part of and is herebyspecifically excluded
from the departure zone district «.
See. 33-335. EstabUshment of height limitations for zone classification
districts in the airport zoning area.
Except as otherwise provided elsewhere in this article, no structure shall be
erected or altered and no tree shall be allowed to grow or be maintained in any
district created and established by this article to a height in excess of the height
limits herein established for such district. Such height limitations will, in
applying the provisions of this article, be corrected to elevations referred to the
heretofore established mean sea level datum plane, by adding such height
limitations to the mean sea level elevation of the point, line or plane to which such
height limitation is referenced, or to the airport elevation, as the context of this
article requires. An area, a structure or a tree located in more than one (1) of the
described districts is considered to be only in the district with the more restrictive
height limitation. Such limitations are hereby established for the districts as
follows:
(1) H
eavatap I > q1 Runways 9L 2M 12
vertically for each sixty five (65) feet horizontally
and 30• Qne
beginn;i,
(1) foot
g at a
point two hundred (200)
feet from the end of each instrument
runway and extending
for a distance of ten
thousand two
hundred
(10,200) feet from the
end of each runway
thence one
(1) soot
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JAN.-24'03(FRI) 14;53 AIRCRAFT NOISE/ENVR PLANNING TEL:305 869 3908
Substitute No. 2
Agenda Item No. 4(I)
Page 6
vertically for each fby (40) feet horizontally for a distance of forty
thousand (49,000) feet to a point fifty thousand two hundred
(50,200) feet from the end of each nmwway.«
(b)]]For Runways 9R and 27L, one (1) foot vertically for
each fifty (50) feet horizontally beginning at a point two
hundred (200) feet from the end of these instrument runways
and extending for a distance of ten thousand two hundred
(10,200) feet from the end of each runway-, thence one (1)
foot vertically for each forty (40) feet horizontally for a
distance of forty thousand (40,000) feet to a point fifty
thousand two hundred (50,200) feet fiom the end of each
runway.
Sec. 33-336. [j
zoningarealj »Establishment of land use zoning classification
mans, criteria and use restrictions for N_iami International
Airport. <<
dmmag ..
Z-
.-.a .r each aifiway� thongs
e
(1) _f et
1,
(b)]]For Runways 9R and 27L, one (1) foot vertically for
each fifty (50) feet horizontally beginning at a point two
hundred (200) feet from the end of these instrument runways
and extending for a distance of ten thousand two hundred
(10,200) feet from the end of each runway-, thence one (1)
foot vertically for each forty (40) feet horizontally for a
distance of forty thousand (40,000) feet to a point fifty
thousand two hundred (50,200) feet fiom the end of each
runway.
Sec. 33-336. [j
zoningarealj »Establishment of land use zoning classification
mans, criteria and use restrictions for N_iami International
Airport. <<
dmmag ..
Z-
1,
the airpeft Rasing
wee and
" beundar;eq M4 by Gentew
lines, &a how
established hemift
and as
the some may he ehe"Od, vNied;
amended
P. 006
1 i S
Z-
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Substitute No. 2
Agenda Item No. 4(I)
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>>Aj For the _Mose of this article all of the land use zoning criteria. for
Miami International Ate' ort, as the same is created established and
described hereinbefore, is hereby divided into classifications as follows:
Inner District (ILZ1. An ILZ for Miami International Airport
is considered to be within the 75 DNL and greater noise
contour of the latest official Au!Mft noise contour map for the
lirport.
Q2j Quter District {QLZJ. The OLZ for Miami International
Airport is considered to be within the 65 DNL to 74 DNL
noise contour of the latest official aircraft noise contour map
for the airport.
No School Zone (NSZ). A NSZ for each runway covers
area that extends_ five 51 statute miles from the end of a
runway in a direct line along the extended centerline of the
runway, and has a width measuring one-half (1/2) the len t�h
of the runway.
,(4� Inner Safety Zone (ISZJ. also referred to as the Runwa
Protection Zone (UQ. For Miami International Airport. the
ISZ is defined as an area which is centered about the extended
runway centerline and begins 200 feet beyond the and of the
arca usable for take -off or landing, The ISZ dimension for
Ranw ys 12/30.9 7L. 9L/27R and propo 8/26 hpZin at a
width of 1.000 feet -and extends 2_,5 0 feet to a width of 1.750
feet
W Outer Safety Zone (OSZ).-The OSZ is descn`bed as an area
that extends outward from the ISZ. The OSZ dimensions for
Runw tis 12/30.9R/27L and 9L/27R begin at a yLidth of 1750
feet and extend outward 2.300 feet to a width 8t 2440 feet
(B) 1g pt as otherwise Mp34ed elsewhere in this article, or unless othwise
appproved at public hearing, limitations on develQWent of laud, stcyctares
and utilization of land within areas designated herein as being restricted due
to non-eomp_atib l ty with aircraft operations are in effect In situations
where land is beneath more than QRe land use classification the most
P. 007
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Subsdtate No. 2
Agenda Item No. 4(I)
Page 8
restrictive shall amply. Restrictions to insure land use compatibility around
Miami International Airport are hereby established as follows:
(1) Inner District OU). New residential construction and
educational facilities excluding aviation related schools are
Drohibited within this land use classification.
(2) Outer District (OLZ). Now residential construction
constructed after the effective date of this ordinance and
educational facilities, excluding aviation related schools,
within this land use classification are required to inmMorate at
least a 25 decibel (db) Noise Level Reduction (NLR) in the
desi construction of the structure
(3) No School Zone (NSZ). New educational facilities excluding
aviation related schools, are prohibited within this land use
classification. The requirement of section 33-284-51 (d) to
provide a child care use in a TND zoning district shall not
apply where the Director of Planning and Zoning determines
that the TND zoning district, is encumbered in whole or in
part by a NSZ and no suitable site within a TNb zoning
district exists for a child care facilityoutside the NSZ
(4) Inner Safety Zone Mj. New residential construction,
educational facilities (excluding aviation related schools),
churches and places of public assembly are prohibited within
this land use classification.
(5) Outer Safety Zone (OSZ). Residential units are limited to less
than two Der acre. Educational facilities (excluding aviation
related schools) and places of public assembly are prohibited
(C.) The Board of County Commissioners shall by ordinance adopt. 12prove and
ratify drawings which shall be entitled "Airport Land Use Zoning Mag for
N iami International Airport and Surrowding SurroundingArea" and "Airport Height
Zoning Man for Miami International Airport." Such drawings shall locate
and identify Miami International Airport and other togoWVWc data
Airport zone classification districts By ntour lines, the height limitations
and airport zone classification districts are established herein Cees or
prints of such drawings shall be maintained and keit on file in the offices of
P. 008
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Substitute No. 2
Agenda. Item No. 4(I)
Page 9
boundaries of the airport zone classification districts and the height
limitations applicable thereto and therein
Except as otherwise provided elsewhere in this article all use and
do-yelopment of land, water and structures within the airport zoning area of
Miami International Airport shall conform with the limitations established in
Section 33-336(B) above. These limitations shall serve as minimum
restrictions and the absence of a parcel's inclusion in a Mecific limitation
established by the article shall not serve as a basis to approve a land use not
otherwise m conformity with the #Mhp cable local government
comprehensive glag, nor as a basis to amend the comprehensive plan,
g basis to amend the comprehensive plan to authorize additional use in the
fli t Fath of Miami International AirportAddition ly, it shall be unlawful
to put M lead or water located within I.. -T, and within TR Districts
adjoining L and within the inner ten thousand (10.000) feet of 1A Districts
d the adjoining portions of TR Districts to any of the following prohibited
es:
Establishments or uses that emit smoke,_gases or dus inyuantities
or densities sufficient to jeopardize the safe use of the airport
f 2j Notwithstanding.any other provisions of this article no use may be
made of land or watcr within the airport zoning area in uch a
manner as to create electrical interference with radio
communications between the siaort and aircraft: make it difficult
for aircraft pilots and tower control operators to distinguish
between ailroort lights. aircraft and others: result in glare in the
eves of aircraftpilots using the airport, or in the eves of the tower
control operators: impair visibility in the vicinity of the air odor
otherwise endanger the landing,Ltakina off or maneuvering of
aircraft.
!� Neither residential construction nor any educational facility
construction, with the exception of aviation related school
facilities, shall be permitted within an area oontimous to the
airport measuring one-half the lenrttlt of the lo=st runway on
either side of and at the end of each runway centerline.
Land fills and associated uses w=it smoke gases dust or
any use that may attract birds shall be prohibited within
-10,000 feet of any runwgy
(.5) Aircraft touch and Wes are not permitted.
111--D
riff-cT-
s
JAN.-24'03(FRI) 14:54 AIRCRAFT NOISE/ENVR PLANNING
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Substitute No. 2
Agenda Item No. 4(1)
Page I0
Construction of any educational facility with the etccention of
aviation school related facilities is pmhibited at either end of a
runway of Miami International Airport within an area which extends
5 miles in a direct line along the centerline of the runway, and which
has a wv dth measUTLIIE One-half the length of the runway.
Sec. 33-337. [[Use ftstrieti ] »Reser ed.«
P. 010
See. 33-338. Noneonfornftg uses, regulations not retroactive.
The regulations prescribed by this article or any amendment thereto shall not
be construed to require the removal, lowering, or other change or alteration of any
permanent structure or tree or use Iawfully in existence not conforming to the
regulations as of [j ] >> MY 19. 1969.« or otherwise
interfere with the continuance of any nonconforming use. After the effective date
[[hemeflj »of this ordinance« property owners shall not be permitted to
»erect any structure or to<< grow or maintain trees to heights in excess of those
provided berein [
]] Notwithstanding the preceding provisions of
this article, the owner of any such nonconforming structure or tree is hereby
required to permit the installation, operation and maintenance thereon of such
in
NO—
See. 33-338. Noneonfornftg uses, regulations not retroactive.
The regulations prescribed by this article or any amendment thereto shall not
be construed to require the removal, lowering, or other change or alteration of any
permanent structure or tree or use Iawfully in existence not conforming to the
regulations as of [j ] >> MY 19. 1969.« or otherwise
interfere with the continuance of any nonconforming use. After the effective date
[[hemeflj »of this ordinance« property owners shall not be permitted to
»erect any structure or to<< grow or maintain trees to heights in excess of those
provided berein [
]] Notwithstanding the preceding provisions of
this article, the owner of any such nonconforming structure or tree is hereby
required to permit the installation, operation and maintenance thereon of such
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Substitute No. 2
Agenda Item No. 4(1)
Page 11
marling, or marling and lighting, as shall be deemed necessary by the Director of
the Miami -Dade County Aviation Department, to indicate to the operators of
aircraft in the vicinity of the airport the presence of such airport hazard. Such
marking, or marking and lighting, and the installation, operation and maintenance
thereof, or such disposition of the hazard as may be agreed upon by and between
the owner and the Director of the Miami -Dade County Aviation Department in
lieu of such marking, or marking and lighting, shall be at the expense of the
Miami -Dade County Aviation Department.
»Nothing contained herein shall be_consfrued to rea re the removal. alteratio
sound conditioning or other chance. or to interfere with the continued use or
&d"acent expansion_ of any educational structure or site in existence on July 1
1993 or be construed togrohibit the construction of any new structure for which
a site has been determined as provided in former Section _235.14 Florida Statutes.
as of July 1. 1993.
For the purposes of determining what shall constitute a nonconforming_„11se
n t ing contained herein shall be construed to prohibit or to Oguuire the removal
of any lawful residential construction existing on the effective date of this
ordinance or the approval of new residential construction on land located inside a
residential zoning district, or authorized for residential development by the
applicable comprehensive,,plan on the effective date of this ordinance Any neve
residential construction on land identified in this paragraph is required to
incorporate at least a 25 db Noise Level Reduction (NLRL into the
design/construction of the
For the p-w-Mses of determining what shall constitute a non conforming use
nothing contained herein shall be construed -to prohibit the construction of
educational facilities approved by appropriate zoning resolution prior to the
effective date of this ordinance <<
Sec. 33,339. Administration and enforcement.
It shall be the duty of the Director > �n�u'ng and Zoning
of Miami -Dade County Florid << to administer [[wee]] the regulations
presented herein in accordance with Section 2-[[4$S]p>1 1 S<<, Code of Miami -
Dade County, Florida »within unincorporat Miami -Dade CoWtv«. It shall
be the duty of Team Metro to enforce these regulations »within uninNr rated
IMiagvi-Dade County The 14MMMigg muniaiW official shill administer and
enforce logx=gations in the incorporated areas for Miami Dia de County.«
In the event of any violation of the regulations contained herein, the person
responsible for such violation shall be given notice in writing by Team Metro
»or the appropriate municipal administrative of5cial«. Such notice shall
indicate the nature of the violation and the necessary action to correct or abate the
'wD
. ( -
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Substitute No, 2
Agenda Item No, 4(1)
Page 12
violation. A copy of said notice shall be sent to the Director»s« of the Miami -
Dade County Aviation Department,>>the Department of Planning and Zoning
the g=gqdate munigj1W administrative official-- [[A]] »The Director of the
Department of Planning and Zoning or the Director of the appropriate municipal
office «[ ]j »or desinnee < shall order
discontinuance of use of land or buildings, removal of trees to conform with
height limitations set forth herein, removal of buildings, additions, alterations, or
structures, discontinuance of any work being done; or shall take any or all other
action necessary to correct violations and obtain compliance with all the
provisions of this article.
»Applications for variances, exceptions or any authorization for ani
construction or use not authorized by Sections 33-334. 33-335, 33-336, 33-337
33-339, 33-342 or 33-343 shall be submitted to the Director of the Department
of Planning and Zoning or apkrgpriate municipal administrative official and
determined in accordance with the procedures and requirements set forth in
Section 33-3J2 in the unincor-porated area or applicable lures iu the
incorporated area and 333 07. Florida Statutes. For purposes of the aforesaid
applications only these procedures shall replace any dif emt procedures set
forth elsewhere in the Code of Mani -Dade County <<
See. 33-340. Permits.
[[
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JAN.-24'03(FRI) 14:55 AIRCRAFT NOISE/ENVR PLANNING
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Substitute No. 2
Ageada Item No. 4(I)
Page 13
or successor agency of a municipality for the Mgpose of assuring conialiauce with
the , 'mum zoning swdards as set forth in this article In the [ppr W
ON. ayPrQval ofperniits under this article shall be obtained from the Directors
of the Miami -Dade Coi�My BWldmg Degartment and the Depaatmeat of Planning
and Zoning- In all instances, a copy of the application for vennit shall be
provided to the Director of the Miami -Dade viation Depargn+n�e t at the time said
permit„gpnli� on is submitted Proof of notice to the Muni Dade Aviation
Department shall be submitted to the appropriate zoning official and to the
appropriate building department rnior to issuance of it verb. 3k Director of
Miami -Dade Aviation Aepartrneat shall have seven f71 days to submit written
P. 013
izDCUSSED
n
-
-WYM
or successor agency of a municipality for the Mgpose of assuring conialiauce with
the , 'mum zoning swdards as set forth in this article In the [ppr W
ON. ayPrQval ofperniits under this article shall be obtained from the Directors
of the Miami -Dade Coi�My BWldmg Degartment and the Depaatmeat of Planning
and Zoning- In all instances, a copy of the application for vennit shall be
provided to the Director of the Miami -Dade viation Depargn+n�e t at the time said
permit„gpnli� on is submitted Proof of notice to the Muni Dade Aviation
Department shall be submitted to the appropriate zoning official and to the
appropriate building department rnior to issuance of it verb. 3k Director of
Miami -Dade Aviation Aepartrneat shall have seven f71 days to submit written
P. 013
izDCUSSED
n
..
-
_
or successor agency of a municipality for the Mgpose of assuring conialiauce with
the , 'mum zoning swdards as set forth in this article In the [ppr W
ON. ayPrQval ofperniits under this article shall be obtained from the Directors
of the Miami -Dade Coi�My BWldmg Degartment and the Depaatmeat of Planning
and Zoning- In all instances, a copy of the application for vennit shall be
provided to the Director of the Miami -Dade viation Depargn+n�e t at the time said
permit„gpnli� on is submitted Proof of notice to the Muni Dade Aviation
Department shall be submitted to the appropriate zoning official and to the
appropriate building department rnior to issuance of it verb. 3k Director of
Miami -Dade Aviation Aepartrneat shall have seven f71 days to submit written
P. 013
izDCUSSED
n
JAN.-24'03(FR1) 14:56 AIRCRAFT NOISEIENVR PLANNING TEL:305 869 3908
Substitute No. 2
Agenda Item No. 4(n
Page 14
objections to the requested permit application. if any, to the permit applicant, to
the appropriate zoning official and to the appropriate building department
Approval of permits is teouired for all constructim for adding height to any
exist' g structure, for all alterations. repairs. or additions that will chane the use
unincorporated as well as the incoMQrated areas of Miami -Dade County for
with airport zone classification district boundaries have been established herein.
Such applications for permits shall include the height and location of derricks
draglines cranes and other boom -Q -W: ed machinery if such machinery is used
during tconstruction No person s13a11 operate such equipment until approval from
the Director gf the Miami -Dade County Aviation Dgpartment is obtained.
Notwithstanding gay provisions of this ordinance, in @ r -vLm ; any tsermit antler
this article the Director of the Miami -Dade County Aviation i -apartment shall
require the owner of the structure or tree for which a permit is being sou t to
install operate and maintain thereon at the owners sole expense. such marking
and lishtingMmay be nMess y to indicate to airer— pilots the Wsence of Sri
obstruction. such marking and lighting to conform to the specific standard
es blished by rule of the Department of ImMortattion
Any decision of the
Miami -Dade County Department
of Planning and
Zoning
shall be appealed as
mvided and Wescribed under Article XQQVI. of
Chapter
33. Code of Miami -Dade CountW, Florida. Any
decision of the Miami
-Dade
Coouty Building Department
regarding the aaulication
of airport
gLmIng
roaatigns shall be appealed
to the Board of County
Commissioners acting
as the
Board of Adjustment. Any decision of -a municipal
official shall be aped
pursuant to the aAn�a_l.arocedures
of the municipality
havine iurisdiction_over the
subject Mgpq L<<
See. 33.341. Nonconforming uses abandoned or destroyed.
Whenever the »appropriate zoning<< Director determines that the height limits
or use standards of this article will be violated by the reconstruction, substitution
or replacement of an existing nonconforming use, structure or tree, no permit shall
be granted for such reconstruction, substitution or replacement. Whether
application is made for a permit under this paragraph or not, the >>aMWMriate
zgMag<< Director may by appropriate action require. the owner of the
nonconforming structure or tree to permit the Miami -Dade County Aviation
Department at its expense to lower, remove, or mark, or mark and light such
object as may be necessary to conform to these regulations.
See. 33-342. Vartanees limited.
P. 014
ED
nom...... �:... 4r. i SS
s
JAN.-24'03(FR1) 14:56 AIRCRAFT NOISE/ENVR PLANNING
TEL:305 869 3908 P.015
Substitute No. 2
Agenda Item No. 40)
Page 15
>>g) A plica tions for variances or any other authorization for any construction
or use not authorized by Sections 33-334.33-335.33-336, 33-337. or 33-338 shall
be submitted and determined in accordance 'with the_,R_rocedures„ Mo -visions and
requirements set forth in Florida Statutes, Section 333.03 and Sections 333.07
through and including 333 11 (1998) or successor legrslafiog Notwiti�
My gM3jsions of the Code of Miami -Dade County to the contrary for the
djMjU+Mnt MM=t to Florida Statutes Section 333 10 and shall utilize the
procedures for nrocessinE zonine aMlications M_mn ittoo this r-bV—W
Apbcations within the incoruorated area .shall be heard by the board of
adjustment designated by the U=ggdate municipality.
Qj Prior to filing the p=hl gation, the applicant shall forward to the Florida
Department of Transportation as well as the Director gf the Miami-DadeCM
Aviation Dem=ent by certified maid return receipt Mgucsted. a cove of the
atrplicatiort fior both the Florida DMa-rtment of Transportation and Aviation
Dgpm_rtm is review and comment. if env Copies of thee; _turn receipts must be
Transportation and the Miami -Dade County Aviation ft=Mt
Notwithst_ftg anyZvi r&n 4f the Code of Miami -Dade 'County or other
applicable municipal code, failure to comfy with the requirements of this
subsection shall be ounds for a, pgW as set forth in FhL Stat. s. 333.07(2 1.
f J4 Qrroroval of�ch variances shall be limited to thm cases in which it is
duly found that a literal application or enforccmmt- of the regulations would result
JAN.-24'03�FR1) 14:57 AIRCRAFT NOISE/ENVR PLANNING TEL:305 869 3908 P.016
Substitute No. 2
Agenda Item No. 4(1)
Page 16
ecessary hardshin and the mliefaranted would not be contrary to the public
interest but gantinir thereof would do substantial justice and be in accordance
wi 2"sirit of this article. and such zoning bow hereby admonished that
the intent and pose of this article is to promote the health, safer a� d general
welfare of the inhabitants of Miami -Dade County~ Florida. by rneventing the
land in its vicinity and preventine destruction or impairment of the utility of the
airport and the public investment therein.
L& Notwithstanding any n in the Code of Miami -Dade Cg= or any
municipal codes to the contrary, the Board of County Commissioners shall have
exclusive authority over exceptions permittinngeducational facilities in the no
school zone. In addition to any findings required in this chapter, exceptions
Dying construction of ag educational facility, excludm an aviation -related
school within the no school zone shall only be granted when the Board of County
Commissioners makes specific findings detailing how the _public policy reasons
for_allowinR, construction outweigh health and safety concerns prohibitina such a
location.
u Notwithstanding the fore og ng pMvisions of this section, in gra nting_my
variances orany other authorization for any construction or use not authorized by
Sections 33-334, 33-335. 33-336, 33-337, or 33-338 under this article, the Board
of County Commissioners or the aoronriate board shall require the owner of the
structure or tree for which such authorization is being 9—oupht to install, operate
and maintain thereon, at the owner's sole expense. such marking and lighting as
may be necessary to indicate to aircraftpilots the presence of an obstruction, such
m_ srj&g and lighting to conform to the specific standards established by rule of
the Department of Transportation«
Sec. 33-343. Conditions to varimces.
Any variance granted under this article may, if such action is deemed advisable
to effectuate the purposes of this article and reasonable in the circumstances, be so
conditioned as to require the owner of the structure or tree in question to install,
operate, and maintain >>at hg's or herexpense<<, or to permit the Miami -Dade
County Aviation Department to install, operate, and maintain thereon at the
owner's expense, such marking, or marking and lighting, as may be necessary to
indicate to aircraft pilots the presence of an airport hazard.
JAN.-24'03(FRI) 14:57 AIRCRAFT NOISEIENVR PLANNING TEL:305 869 3908 P.017
Substitute No. 2
Agenda Item No. 4(1)
Page 17
Section 2. If any section, subsection, sentence, clause or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby
ordained that the provisions of this ordinance, including any Sunset provision, shall become and
be made a part of the Code of Miami -Dade County, Florida. The sections of this ordinance may
be renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section," or "article," or other appropriate word.
Section 4, This ordinance shall become effective ten (10) days after the date of
enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon override
by this Board.
Section S. This ordinance does not contain a sunset provision.
PASSED AND ADOPTED:
Approved by County Attorney as to
form and legal sufficiency.
Prepared by:
Abigail Price -Williams
DjSr
;USSED