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TITLE VIII: AVIATION
APPENDIX A: AIRPORT LAYOUT PLAN
APPENDIX B: POLICY, REGULATIONS AND MINIMUM AERONAUTICAL SERVICE STANDARDS FOR AERONAUTICAL TENANTS AT KISSIMMEE MUNICIPAL AIRPORT
8-1-1 Short title
8-1-4 Emergency action by City Commission
8-1-5 Deemed private property
Department of Aviation
8-1-10 Department of Aviation created; composition
8-1-11 Authority of Airport Director to regulate
8-1-12 Director of Department of Aviation; powers and duties
8-1-13 Charges for use; lien
8-1-14 Appeals from decisions
8-1-15 Aeronautical activities prohibited
8-1-16 Emergency landings
8-1-17 Use prohibited without permission; compliance
8-1-18 Applicability of other laws
8-1-19 Permitted use by general public and suppliers
8-1-20 Assumption of liability
8-1-21 Personal conduct; rules promulgated
8-1-22 Commercial activities; permits
8-1-23 Obligation of tenants and permittees
8-1-24 Fixed base operations
8-1-25 Aircraft regulations
8-1-26 Renting counter space at terminal
8-1-27 Commercial ground transportation
8-1-28 Flying clubs
Land Use in Noise Zones
8-1-42 Noise zones; boundaries
8-1-43 Land use restrictions
8-1-44 Public notice of potential noise impact
8-1-45 Sound level requirements
8-1-46 SLR design requirements
8-1-47 Authority to test noise level reduction
8-1-48 Future uses
8-1-49 Appeals; variances
8-1-61 Obstruction lighting
8-1-62 Hazard marking and lighting
8-1-63 Auxiliary use restrictions
8-1-64 Nonconforming uses
8-1-66 Airport zones and height limitations
8-1-67 Conflicting regulations
Appendix A: Airport Layout Plan
Appendix B: Fixed Base Operations – Minimum Standards and Regulations
This chapter shall be known and may be cited as the Kissimmee Aviation Act.
(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In those cases wherein a word or words are not defined, its definition shall be as found in Black's Law Dictionary, latest edition, or in American Heritage College Dictionary, third edition.
AERONAUTICAL ACTIVITIES. The landing, taxiing, parking, standing and taking off of aircraft.
AIRCRAFT. Any contrivance now known or hereafter invented, used or designed for navigation of, or flight in the air, except a parachute or other contrivance used primarily as safety equipment.
AIR NAVIGATION. The operation or navigation of aircraft in the air space over the city or over any city airport.
AIR NAVIGATION FACILITY. Any facility used in, available for use in, or designed for use in, aid of air navigation, including airports, restricted landing areas, and any structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, or restricted landing area, and any combination of any or all of such facilities.
AIR OPERATIONS AREA. Any area of an airport used, or intended to be used for landing, takeoff, or surface maneuvering of aircraft, including, but not limited to runways, taxiways, ramps and aprons.
AIRMAN. Any individual, including the person in command and any pilot, mechanic or member of a crew, who engages in the navigation of aircraft while under way, and any individual who is in charge of the inspection, overhauling or repairing of aircraft.
AIRPORT. The Kissimmee Municipal Airport, or any area of land or water or elevated area on a building or other structure which is designed for the landing and take-off of aircraft, air navigation facilities referable thereto, and any facilities thereat provided for the shelter, servicing or repair of aircraft, or for receiving and discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant access roads and other rights-of-way, whether heretofore or hereafter established, located in the city, or at any place owned, leased or operated by the city for the landing and taking off of aircraft.
AIRPORT ADVISORY BOARD. The Airport Advisory Board of the City of Kissimmee.
BUS. Any motor vehicle designed for carrying more than 15 passengers including the driver.
CITY AIRPORT. The Kissimmee Municipal Airport.
COMMERCIAL ACTIVITY. Any activity conducted for compensation, direct or indirect, and any activity incidental thereto. The charging of fees by any person, whether or not resulting in a profit or gain, shall be deemed to constitute the receipt of compensation and any activities conducted by such person in consideration therefor shall be deemed to constitute a commercial activity.
COMMERCIAL OPERATIONS. All operations of aircraft in connection with a commercial activity and shall include, without limitation, the following:
(1) Operations by a scheduled air carrier not currently holding a permit from the city to regularly conduct scheduled air service at an airport operated by the city;
(2) Operations of nonscheduled air service for transportation of freight, express or passengers, or charter service;
(3) Scheduled operations, as further defined herein; and
(4) The giving of flight instruction.
CONTROL. When used in reference to any property, right to grant and deny entry thereon or otherwise to dictate the use thereof.
COURTESY CAR. Any motor vehicle having a seating capacity of not more than 18 passengers, including the driver, which is operated by, or in behalf of, any person engaged in a commercial activity to transport such person's customers or prospective customers to or from the city airport where no separate charge is made for transporting such customers or prospective customers and such transportation service is regularly provided in the course of such person's conduct of his commercial activities.
CURBSIDE. Curbs adjacent to any terminal building excluding such portions of such curbs designated by appropriate signs as reserve spaces or parking spaces.
DEPARTMENT. The department of aviation of the city.
DIRECTOR. The Director of Aviation.
FLYING CLUB. Any profit making or nonprofit organization organized or operated for the primary purpose of leasing or owning one or more aircraft for the use of its members.
HELICOPTER. A rotary wing aircraft that depends principally upon the lift generated by one or more power-driven rotors rotating on substantially vertical axes for its support and motion in the air.
HELIPORT. An airport or portion of an airport that is used for the landing and taking off of helicopters.
LANDING WEIGHT. The maximum gross certified landing weight of a particular make, model and type of aircraft, as approved by the Federal Aviation Administration or other governmental agency having jurisdiction.
LIMOUSINE. Any motor vehicle having a rated seating capacity of more than six and less than 16 persons not including the driver, which carries persons for a fare; the term LIMOUSINE shall not include TAXICABS, BUSES or COURTESY CARS.
MOTOR VEHICLE. Any vehicle, other than aircraft, which is designed to be capable of being propelled under its own power.
PARKING AREA. Any area at the city airport designated by the Director by signs as being set aside for the parking of motor vehicles.
RESERVED PARKING SPACE. Any parking space designated by the Director by one or more signs as being reserved for the parking of motor vehicles operated by the city, its employees, its tenants or patrons, employees or suppliers of its tenants.
RESTRICTED AREA. Any area at the city airport designated by the Director by one or more signs as being reserved for use by a specified person or class of persons and restricted from all others.
SCHEDULED OPERATIONS. All operations of aircraft by scheduled air carriers holding certificates of convenience and necessity from the Civil Aeronautics Board designating Kissimmee as a service point and holding a valid permit from the city authorizing it to conduct such operations at the city airport.
SOLICIT. To directly or indirectly, actively or passively, openly or subtly, ask (or endeavor to obtain by asking), request, implore, plead for, importune, seek or try to obtain funds, property or anything of economic value.
SOLICITATION. The act of soliciting.
TAXI. To move an aircraft under its own power when not in flight or actually landing or taking off.
TAXICAB. Any motor vehicle engaged in the transportation of persons for hire pursuant to a master taxicab permit issued by the Florida Public Service Commission or pursuant to a taxicab permit issued in accordance with the provisions of the city code.
TERMINAL. A terminal building.
TERMINAL BUILDING. A common use building at the city airport through which passengers regularly pass prior to enplaning or after deplaning from an aircraft.
TRANSIENT AIRCRAFT. An aircraft not using the airport as its permanent base of operations.
VEHICLE. Any device on wheels, treads or runners, or which is propelled across the ground by air pressure, designated or used for the conveying of person or objects.
(B) Any terms defined in FAA regulations, F.S. Chs. 330, 332, 333.
(C) Words relating to aeronautical practices, processes, procedures and equipment shall be construed according to their general usage in the aviation industry.
('76 Code, § 6-1) (Am. Ord. 1848, passed 9-8-92)
Notwithstanding the provisions outlined in § 2-3-10, the City Commission may by a two-thirds vote, enact or pass emergency action concerning this chapter without Airport Advisory Board action or recommendation.
(Ord. 1863, passed 11-17-92; Am. Ord. 2154, passed 1-28-97)
The airport now or hereafter existing, and the property comprising the same, shall be deemed to be held and operated by the city in a proprietary capacity, and the city shall have all rights with respect thereto as a private owner thereof would have. Those areas on the airport which are now, or hereafter may be, used for vehicular traffic, including, but not limited to access roads and parking areas, are not dedicated to or for the use of the public as public streets and are not a part of the public street system of the city; the land on which such access roads and parking areas are, or may hereafter be located is declared to be an integral part of the city airport. No person shall have any vested right to use the city airport or any portion thereof except to such extent as the city may grant herein or in a permit issued pursuant hereto. Notwithstanding, all existing paved roadways located outside of the fenced airport operation area are hereby deemed opened the public
('76 Code, § 6-31) (Am. Ord. 2154, passed 1-28-97; Am. Ord. 2351, passed 8-1-00) Penalty, see § 8-1-99
DEPARTMENT OF AVIATION
A department known as the Department of Aviation is hereby created; it shall consist of a Director of Aviation who shall be the City Manager or his appointee and such other city employees as shall from time to time be assigned to such department by the City Manager.
('76 Code, § 6-16)
(A) The Airport Director or his designated representative may prohibit aircraft landings and departures at the airport at any time when and under any circumstances under which the Airport Director deems such landings and departures likely to endanger persons or property.
(B) No person shall engage in aerial acrobatics at the airport except by the express written permission of the Director, and such acrobatic activity shall be in strict compliance with this ordinance and with the provisions set forth in the permission granted by the Director.
('76 Code, § 6-37) Penalty, see § 8-1-99
(A) Subject to the supervision and control of the City Manager, the Director shall manage and have charge of the airport and all aviation activities over which the city has jurisdiction.
(B) The Director shall represent the city in negotiating leases with tenants and prospective tenants of airport property and in negotiating concession agreements and other permits. No lease, concession agreement or permit relating to the use of the city airport, or any part thereof or activity thereon, having a stated term, including any renewal periods shall be binding upon the city until duly executed in behalf of the city by the City Commission.
(C) The Director shall prescribe, amend and repeal rules and regulations:
(1) Designating the areas of the airports which are to be air operations areas and restricted areas;
(2) Regulating the conduct of persons within the air operations area, restricted areas and other areas of the airport which he deems necessary or desirable for the safety or welfare of persons, for the protection of property, or for the efficient operation of security of the airport; provided, however, that regulations relating to vehicular traffic on access roads and parking areas at the airport shall be prescribed jointly and concurrently by the Director and the Chief of Police. Such regulations shall be signed by the Director, and filed with the City Manager. A copy of such regulations shall be maintained at the office of the Director and shall be available for public inspection during normal business hours.
(D) The powers conferred upon the Chief of Police as City Traffic Engineer by this code with respect to the public streets of the city shall be jointly and concurrently exercised by the Chief of Police and the Director with respect to the access roads and parking areas on the city airport.
(E) When an emergency exists at the airport the Director, or in his absence his authorized representative, shall be empowered to take such action as he shall deem to be necessary or desirable for the safety and welfare of persons, or the protection of property, or for the efficient operation or security of the city airport. During such an emergency the Director or his authorized representative may suspend all airport rules and regulations promulgated by the Director or promulgated concurrently and jointly by the Director and the Chief of Police and he may issue such oral or written emergency orders as he may deem to be necessary or desirable.
(F) All rules, regulations and emergency orders prescribed by the Director or his authorized representative shall be presumed to be lawful and valid, and any person challenging the same shall have the burden of establishing the invalidity thereof. All such rules, regulations and emergency orders shall be sustained as proper and valid unless conclusively established in a court of competent jurisdiction to be improper or invalid.
(G) The Director shall be responsible to the City Manager for the enforcement of this chapter.
(H) The Director may post such signs upon the property of the airport as he feels are necessary and desirable to put the users thereof on notice of matters contained herein and in rules, regulations and emergency orders promulgated hereunder.
(I) Any and all powers and duties granted to the Director herein may be delegated by him to one or more city employees who are assigned to the Department of Aviation.
('76 Code, § 6-17)
(A) Except to the extent charges are specified herein for permits authorizing the use of any part of the airport, such charges shall be determined by contract between the city and the person to whom the permit is issued. The Director may promulgate a schedule setting forth reasonable charges for permits of different types which have a duration of one year or less.
('76 Code, § 6-45)
(B) The Director of Aviation shall have and exercise a lien to enforce payment for all charges, fees and tolls for storage, commercial privileges and other services rendered, or for or on account of, any aircraft landing upon or stationed at or upon the airport. Such lien shall be of the character and enforced in the manner provided by the laws of the state. No person shall remove any aircraft or other property held under any such lien unless written authority is given therefor to such person by the Director or his authorized representative.
('76 Code, § 6-46)
(Am. Ord. 2154, passed 1-28-97) Penalty, see § 8-1-99
Any person who deems any action taken by the Director pursuant to the authority vested in him by this chapter to be irregular, unlawful, erroneous, or otherwise improper or objectionable, and who is adversely affected thereby, shall have the right to appeal such action to the commission. A written notice of such appeal, setting forth the action complained of, the date of such action, and the basis for objection thereto, shall be filed within ten days following the date upon which the Director gave notice to the person appealing, or his agents, of the action complained of; otherwise, the right of appeal provided herein shall be forfeited, and the Director's actions shall be confirmed. Promptly following receipt by the City Manager of a notice of appeal conforming to the foregoing requirements, the City Commission shall conduct a public hearing on the appeal. The person appealing shall be given not less than four days prior notice of such hearing, and shall have the right to be present at such hearing, and to be represented by counsel, and to present testimony and exhibits in support of his position.
('76 Code, § 6-18) (Am. Ord. 2154, passed 1-28-97)
(A) It shall be unlawful for any person to conduct any aeronautical activities on any property located within the city or on any property outside the city which is controlled by the city, except as expressly permitted by this chapter.
(B) It shall be unlawful for any person to permit aeronautical activities to be conducted on property controlled by him, except as expressly permitted by this chapter.
('76 Code, § 6-57) (Am. Ord. 2154, passed 1-28-97) Penalty, see § 8-1-99
(A) Nothing contained in this chapter shall be deemed to make it unlawful to conduct an emergency landing of an aircraft necessitated by a malfunction of the aircraft, illness of the pilot, a fuel shortage or inclement weather. An allegation that a particular landing was such an emergency landing shall be an affirmative defense to a prosecution for a violation of the provisions of this chapter and the person making such defense must establish by clear and convincing evidence:
(1) That such landing was necessitated by one of the aforesaid conditions; and
(2) That the person making such landing did not willfully cause the condition making such emergency landing necessary.
(B) Nothing contained in this section shall be deemed to relieve any person of any civil liability arising out of such emergency landing.
('76 Code, § 6-58) (Am. Ord. 2154, passed 1-28-97)
(A) General prohibition. No person, except air passengers and their parties, and except the patrons, guests, invitees, licensees and employees of persons holding permits to engage in aeronautical activities or commercial activities, shall enter upon or use the facilities of the airport without first obtaining permission from the city.
(B) Compliance with law. Any permission granted by the city herein or pursuant hereto, directly or indirectly, expressly or by implication, to any person to enter or to use the city airport, or any part thereof, is conditioned upon strict compliance with this chapter as the same shall from time to time be amended and all valid rules, regulations and emergency orders prescribed hereunder.
('76 Code, § 6-33) (Am. Ord. 2154, passed 1-28-97) Penalty, see § 8-1-99
(A) Applicability of federal laws relating to air traffic. In order to protect and prevent undue burdens upon air commerce the air-traffic rules promulgated by and under the authority of the laws of the United States shall be deemed a controlling part of this chapter, whether the aircraft is engaged in a commercial or noncommercial activity, or in foreign, intrastate or interstate navigation or flight, and whether or not the aircraft is registered or is navigating or flying in a civil airway. All laws and regulations pursuant thereto governing the operations of aircraft now or hereafter enacted by Congress or promulgated pursuant to its authority are hereby adopted by reference, made a part hereof and declared applicable to the airport as fully as if the same were completely set forth herein, and this chapter shall be deemed to be supplemental and additional thereto, and in aid thereof. In the event that any provision of this chapter or any other provision of this code or ordinance of the city or any regulations promulgated under such ordinance shall be repugnant to any such federal law or regulation such federal law or regulation shall be controlling. The city retains the right, however, to set and require higher or more restrictive criteria.
(B) Applicability of other laws. All laws of the United States and the state, and all provisions of this code and ordinances of the city, and all rules and regulations promulgated under any of the foregoing are made a part hereof and declared applicable on the property of the city airport as fully as if the same were completely set forth herein. In the event that any provision of any such law, ordinance or regulation shall be repugnant to or in conflict with this ordinance or any regulation promulgated hereunder, this chapter and the regulations promulgated hereunder shall be controlling.
(C) Ground traffic laws and ordinances.
(1) All traffic laws of the state and all provisions of this code and ordinances and regulations of the city applicable in any manner to the public streets generally of the city, or to the use thereof or traffic thereon, shall apply to and be in force with respect to the access roads and parking areas at the airport and to the use thereof and traffic thereon and any provision now or hereafter contained in this code applicable to public streets within the city shall apply to access roads and parking areas on the airport and traffic control devices, signs and markings placed upon such access roads and parking areas shall have the same force, effect and application as upon public streets of the city; provided, however, that any ordinance or regulation which by its terms or the necessary intention of its context, is expressly applicable to one or more access roads or parking areas of the airport, and which may be in conflict with or inconsistent with any law, ordinance or regulation applicable to the public streets generally, shall be controlling with respect to such access roads and parking areas; provided further, however, that any law, ordinance or regulation applicable to the public streets generally which confers upon any person a right to use the public streets of the city shall have no application to the access roads and parking areas of the airport.
(2) Unless approved by the Director, no tenant shall use or operate any ground vehicle upon the airport property with any signs or any effort indicating to aircraft that aircraft should follow such vehicle, except that a fixed base operator may use such sign or such vehicle, on his own leased ramp area.
('76 Code, § 6-32) (Am. Ord. 2154, passed 1-28-97)
(A) Members of the general public shall be permitted to use those areas of the city's airport designated by the Director for use by the general public for the purposes for which such areas are intended and designated to be used, provided, however, that no member of the general public shall use the airport or any part thereof for the conduct of any commercial activity without first obtaining a permit from the city authorizing him to conduct such commercial activity at such airport. The use of the airport by any passenger for the purpose of enplaning or deplaning on a flight conducted in connection with a commercial activity shall not be deemed to constitute the conduct of a commercial activity for purposes of this chapter. The providing of transportation to any person without charge to or from any airport shall not be deemed to constitute the conduct of a commercial activity, even though the person transported is a business associate, customer or prospective customer of the person furnishing such transportation.
('76 Code, § 6-34)
(B) Persons supplying goods or services, or both goods and services, or making freight and mail deliveries, to persons leasing space at the city airport at the airport tenant's place of business at the airport are herein permitted to use the airport for the sole purpose of supplying such goods or services, or both goods and services, to the airport tenant, and for making freight and mail deliveries to such tenant, provided, however, that the permission granted in this section shall not apply to the furnishing of goods and services or the delivery of freight or mail on the air operations area of the city airport and shall not apply to the supplying of passenger or luggage ground transportation services at the airport. For purposes of this section the term TENANT OF THE CITY AIRPORT means any person leasing or subleasing space at the city airport.
('76 Code, § 6-35) (Am. Ord. 2154, passed 1-28-97) Penalty, see § 8-1-99
When any person uses the airport or any part thereof, or flies to, from and over the same, he shall, at all time assume all liabilities and consequences arising out of activities conducted by such person pursuant to such permission. Such person, as a consideration for the use of the airport or any of the facilities thereof, shall release, hold harmless and indemnify the city, the Director and all officers and employees of the city, from any and all responsibility, liability, loss or damage resulting to it or them, or caused by or on his behalf and incident to the manner in which the municipal airport or its facilities shall be used. The city, as a condition precedent to the issuance of a permit to any person for the conducting of commercial activities at the airport, may require such person to obtain and maintain liability and property damage insurance for the benefit of the city in such amounts as the Director shall deem to be appropriate.
('76 Code, § 6-38) (Am. Ord. 2154, passed 1-28-97)
(A) General. All persons while on the property of the airport shall comply with the provisions of this chapter and all rules, regulations and emergency orders promulgated hereunder.
(B) Obedience to signs. All persons while on the property of the airport shall observe and obey all signs prohibiting entry upon restricted areas or governing the activities and demeanor of persons which may from time to time be posted by the Director or at his direction.
(C) Barricades and fences. No person while on the property of the airport shall cross any barricade or fence without the prior consent of the Director.
(D) Compliance with oral directives. No person while on the property of the airport shall fail to comply with any lawful oral directive of the Director, his authorized representatives, or personnel of the city police department.
(E) Restricted areas. No person shall enter or go upon any area of the airport designated by the Director as being restricted without first obtaining permission of a person duly authorized by the Director to supervise the use of such restricted area.
(F) Environmental pollution and sanitation.
(1) To the maximum extent reasonably possible, each person while upon the airport shall conduct his activities thereon in such a manner as not to cause environmental pollution.
(2) No person shall dispose of any garbage, papers, refuse, trash or any other material on the airport except in the receptacles intended for that purpose.
(3) No person shall dispose of any fill or building materials or any other materials on the airport except in such areas as are specifically designated by the Director.
(4) No person shall use a comfort station or restroom, toilet or lavatory facility at the airport other than in a clean and sanitary manner.
(5) No person shall dispose of waste material from aircraft restrooms in areas other than those designated by the Director.
(6) No liquids shall be placed in storm drains or in the sanitary sewer system at the airport which will damage such drains or system or will result in water pollution upon having passed through such drains or system.
(7) Any solid or liquid material which may be spilled at the airport shall immediately be cleaned up by the person responsible for such spillage.
(8) No person shall unnecessarily cause to be emitted on the airport any smoke, dust, fumes, gaseous matter or any other matter which shall become a part of the atmosphere or be carried by the atmosphere. This restriction is not intended to forbid normal emissions from internal combustion engines and jet aircraft engines nor emission of smoke from cigarettes, cigars and pipes. No refuse shall be burned on the airport without first obtaining a permit from the Director and the Fire Department.
(9) No person shall abandon any personal property at the airport; provided, however, that members of the public may deposit small amounts of personal trash in trash receptacles provided for such purposes and airport tenants may deposit waste materials resulting from their operations at the airport in areas designated to be used for such purposes by the Director.
(G) Loitering. No person shall loiter or loaf on the airport, and any person engaging in such practices shall be subject to removal from the airport in addition to any other penalty prescribed herein.
(H) Air navigation hazards. No person shall operate or release any model aircraft, rocket, kite, balloon, parachute, or other similar contrivance at or upon any airport without the prior written consent of the Director. Such prohibition shall not extend to the use of weather balloons by any airport weather station when such activity is conducted as a regular operational function of such station.
(1) No person shall enter any building at the airport with any animal or permit any animal under his control or custody to enter such area except:
(a) Animals that are properly confined for air travel;
(b) Domestic animals confined by cage or leash;
(c) Seeing eye dogs; and
(d) Guard dogs under the control of the airport security officers.
(2) No person shall allow any animal to run loose upon any portion of airport property, except that tenants may allow watch dogs to run loose in buildings leased by them.
(K) Explosives and flammable material. No person shall carry any explosives or flammable material on the airport without first having obtained the permission of the Director; provided, however, that this shall not apply to:
(1) Flammable fuel contained in fuel tanks or motor vehicles and aircraft;
(3) Lighter and cleaning fluid in containers not larger than one pint in capacity; or
(4) Pistol, rifle or shotgun ammunition which is properly encased for shipment.
(L) Travel. No person shall travel upon the airport other than on roads, walks or other rights-of-way provided for such specific purpose.
(M) Lost articles. Any person finding a lost article in public areas of the airport shall promptly deposit it with the Director or his representative. Lost articles which remain unclaimed for six months shall be disposed of in accordance with law. Nothing in this section will be construed to deny the right of scheduled air carriers to maintain “lost and found” and “unclaimed baggage” services for property of their passengers.
(N) Solicitation and polls. No person shall solicit business, alms or funds for any purpose or conduct any poll on the property of the airport without first having obtained a permit from the Director. Persons who have obtained permission to conduct a commercial activity at the airport may solicit business at the airport to the extent and in the manner authorized by such permit.
(O) Advertising and display. No unauthorized person shall post, distribute or display signs, advertisements, literature, circulars, pictures, sketches, drawings, handbills or other forms of printed or written matter at the airport without first having obtained a permit from the Director.
(P) Picketing, marching and demonstrating. No person may walk in any picket line or picket, or take part in any labor, political or other demonstration on the airport without first having obtained a permit from the Director. If a permit shall be issued, such permit shall specify the area of the airport on which picketing, marching or demonstrating shall be permitted, the date and time such activity shall be permitted, the number of persons who shall be permitted to engage in such activity, and any other conditions which the Director may deem necessary for the safety of persons and property or for the efficient operation and security of the airport. Any permitted picketing, marching or demonstrating shall be conducted in a peaceful, orderly and lawful manner without physical harm, molestation, threat or harassment of persons, obscenities, violence, breach of the peace, or other unlawful conduct; without obstructing the use of the airport by others; and without hindrance to or interference with the proper, safe, orderly and efficient operation of the airport and the lawful activities conducted thereupon; any authorized picketing, marching or demonstrating shall be conducted pursuant to conditions outlined in the permit issued by the Director.
('76 Code, § 6-39) (Am. Ord. 2154, passed 1-28-97; Am. Ord. 2809, passed 9-27-11) Penalty, see § 8-1-99
(A) Permit required. Except as provided in § 8-1-22, no person shall conduct any commercial activity on the city airport unless he first obtains a permit from the city authorizing him to conduct such commercial activity at the airport.
(B) Other permits. The holding by a person of any occupational license, issued by the city, authorizing the holder thereof to conduct a specified commercial activity within the city shall not authorize the holder thereof to conduct such commercial activity on the airport. The holding by a person of a permit issued by the city authorizing the holder thereof to conduct a specified commercial activity on the city airport shall not relieve such holder of his obligation to obtain any occupational or other licenses required by law to be obtained from the city, the county, the state or the United States. A permit, license, or certificate issued by the city, the county, the state or the United States authorizing any person to operate an air or ground transportation service between the city airport and any other location shall not be deemed to entitle the holder thereof to enter upon the property of the airport. The said permit, license or certificate shall only apply with respect to the public roads of the state, the county and the city and the airways subject to the jurisdiction of the United States, and shall not apply to any air operations area, access road or parking area on the airport. The holding by any person of a permit issued by the city authorizing the holder thereof to conduct a commercial air or ground transportation business on the property of the airport shall not relieve such holder of his obligation to obtain from the city, the county, the state or the United States, such other permits, licenses or certificates as may be required by law.
(C) Permit defined. The term PERMIT as used herein shall include leases, space use permits, concession agreements, landing fee agreements, or other written or oral grants of permission to use the city airport, or part thereof, for the conduct of a commercial activity.
(D) Application for permits. All applications for the issuance by the city of a permit authorizing the conduct of a commercial activity on the airport shall be delivered to the Director; such application shall specify the type of commercial activity proposed to be conducted, the space, if any, at the airport the applicant proposes to lease for such purpose, and the proposed duration of such permit. In considering whether or not to issue or authorize the issuance of the requested permit, the Director and the commission shall take into account the following factors:
(1) The efficient operation and security of the airport with respect to which the permit is requested;
(2) The needs of air passengers;
(3) The revenues to the city from fees to be derived under the proposed permit;
(4) The city's contractual obligations to other persons;
(5) The nature of the activity the permit is to encompass;
(6) The proposed duration of the permit;
(7) The financial responsibility of the person requesting the permit and his ability to otherwise fulfill his obligations thereunder; and
(8) The availability of space at the airport which may, or should properly be, devoted to the proposed commercial activity. Except in cases where the granting of exclusive permits is prohibited by federal law, the city may grant exclusive permits.
(E) Nature of permits. Permits issued by the city to any person authorizing him to conduct a specified commercial activity at the airport shall be contractual in nature and shall contain such terms and conditions as the city shall deem desirable in any particular case, including, but not limited to, provisions relating to rents, fees, charges and other payments to be made to the city by the person to whom the permit is issued. No person shall have a vested right to be issued a permit to conduct a commercial activity on the airport.
(F) Revocation of permits. Any person who has obtained a permit from the city to conduct a specified commercial activity at the airport shall conduct such activity in strict compliance with the provisions of such permit and in strict compliance with this chapter and all valid rules, regulations and emergency orders promulgated hereunder. If the Director finds that the provisions of the preceding sentence have been violated by any person holding a permit to conduct a commercial activity at any airport, he shall:
(1) Seek to obtain voluntary compliance with the provisions of the permit; or
(2) Notify the holder of the permit by certified mail that the city proposes to revoke the permit. Within 14 days after the receipt of the foregoing notice, the holder of such permit may file with the City Manager a petition requesting a hearing before the City Commission on the propriety of the Director's proposed revocation of the permit.
(G) If no such petition is filed within the said 14 days the permit shall terminate at midnight on the said fourteenth day. Upon receipt of such petition the City Manager shall schedule a hearing on the revocation of the permit at the regular meeting of the City Commission next following the date of receipt of the said petition and shall notify the petitioner of the time, place and date of the hearing. At such hearing the Director or his representative shall first present the facts and argument in support of the revocation of such permit and immediately thereafter the petitioner shall present the facts and argument in opposition to the revocation of the permit. If the Director or his representative establishes by a preponderance of evidence that the petitioner has failed strictly to comply with the provisions of such permit or with the provisions of this ordinance or with the provisions of any valid rules, regulations or emergency orders promulgated hereunder, the commission may approve the revocation of such permit.
('76 Code, § 6-36) Penalty, see § 8-1-99
(A) Definition of tenant and compliance to rules. Any person who occupies any space at the city airport under a lease, permit, franchise or concession agreement authorizing him to conduct a commercial activity thereat shall be deemed a “tenant” and shall abide by all the rules contained in the following subsections.
(B) Signs and bulletin boards. Fixed base operators shall maintain a bulletin Board in a conspicuous place for the purpose of posting any and all notices issued by the Director or his authorized representatives.
(C) Unairworthy aircraft. Unairworthy aircraft, wrecks, “junkers” or parts thereof shall not be parked or stored anywhere on the airport except aircraft awaiting repairs leading to certification; aircraft awaiting such repairs shall not be parked or stored in excess of six months without the permission of the Director.
(D) Storage of equipment. No tenant shall store or stack material or equipment in such a manner as to constitute a hazard to either persons or property.
(E) Fire extinguishers; maintenance and annual inspection.
(1) All tenants including hangar tenants shall supply and maintain an adequate number of readily accessible fire extinguishers as determined by the Director or by the Chief of the Fire Department of the city; such fire extinguishers shall be inspected not less often than annually. All tenants shall instruct their employees at the airport in the proper use of fire extinguishers and shall conduct such periodic fire drills as the Director or Fire Chief may prescribe. Such fire extinguishers shall be approved by the Inspection and Prevention Bureau of the Department of Public Safety.
(2) Fire extinguishing equipment at the airport shall not be tampered with at any time or used for any purpose other than firefighting or fire prevention. All such equipment shall be inspected by the Inspection and Prevention Bureau of the Department of Public Safety, annually. Tags showing the date of last inspection shall be attached to each unit.
(F) Motor vehicle operation in hangars or aircraft maintenance buildings. No person shall operate a tractor or tug in any hangar or building used for aircraft maintenance unless the exhaust of such tractor or tug is protected by screens or baffles to prevent the escape of sparks or the propagation of flame. Other motor vehicles shall not be operated in any hangar or building for aircraft maintenance at any time except in necessary emergencies.
(G) Emergency phone numbers. Each tenant shall forward to the Director the phone numbers of its personnel who are to be contacted in case of emergency.
(H) Tenant construction. Each tenant planning any construction at the city airport shall:
(1) Submit a written site plan of the proposed work to the Director for preliminary approval;
(2) Final plans and specifications shall be submitted to the Director in four copies;
(3) Approval of the plans and specifications shall be obtained from the Director prior to the commencement of construction (FAA Form 7640-1);
(4) A performance and payment bond shall be obtained prior to the commencement of construction;
(5) Such public liability insurance as the Director may require shall be obtained prior to commencement of construction;
(6) A lease, lease modification, or space use permit shall be executed, if required, where any additional airport facilities are involved prior to commencement of construction;
(7) The contractor shall obtain all necessary permits from the city building department;
(8) The tenant, contractor and the Director or his representative shall conduct a preconstruction conference when requested by the Director, in order to resolve all questions relating to construction including; construction storage areas, contractor's employee parking, work areas, public protection and barricades, housekeeping, construction noise, contractor's employee conduct, material delivery and hours of work.
(9) The Director shall issue a “Notice to proceed” prior to commencement of construction;
(10) The tenant shall notify the Director upon completion of construction.
(I) Handling and storing hazardous materials. All persons handling or planning to handle any type of hazardous cargo, including but not limited to flammable materials, corrosive materials, compressed gases, explosives (including ammunition other than pistol, rifle or shotgun ammunition), magnetized or radioactive material, and bacteriological material, shall prior to bringing such material on the airport notify the Director of the type of material involved, the amount of material involved, the time and place the same is to arrive at the particular airport and the time at which the material is to depart from the airport. The shipper shall also provide the Director with the names and telephone numbers of all personnel who are to receive and handle such hazardous materials and shall be advised of any special handling procedures required for safety. The Director shall be given satisfactory assurance from the shipper that the cargo can be handled safely. The Director may designate special areas for storage of such material while on the airport.
(J) Cleaning of equipment. No person shall use flammable or volatile liquids unless such use is conducted in open air, or in a room or building specifically set aside for such purposes, which room or building must be properly fireproofed and equipped with adequate, readily accessible fire extinguishing apparatus, conforming to the rules of the National Fire Protection Association.
(K) Open flame operations. No person shall conduct any open flame operations on the property of the airport without the prior permission of the Director.
(L) Storage. No person shall keep or store material or equipment in such manner as to constitute a fire hazard.
(M) Storage of flammable material. No person shall keep or store any flammable liquids, gases, signal flares, lubricating oils or other similar material in any building on the airport; provided, however, that such materials may be kept in aircraft in the proper receptacles installed in aircraft for such purposes, or in rooms or areas specifically approved for such storage by the city's fire insurance underwriters and the Director.
(N) Waste. All waste susceptible to spontaneous combustion shall be deposited in metal receptacles with self-closing covers; all waste within this general classification shall be removed from the airport premises daily.
(O) Floor care. Each tenant of the airport shall keep the floors of its leased space and any outside paved areas adjacent thereto used by him, free and clear of oil, grease, fuel and other flammable material and rubbish.
(P) Fueling and defueling operations. The following rules shall govern and control the fueling and defueling of aircraft:
(1) Upon the request of the Director, any person or fueling company shall refuse and refrain from fueling any aircraft upon which a lien has been placed or for which charges for services of any nature rendered by the Department of Aviation remains unpaid;
(2) No aircraft shall be fueled or defueled while any of its engines are running, or being warmed by applications of exterior heat, including any welding or fusing processes, or while such aircraft is in a hangar or other enclosed space;
(3) Smoking is absolutely prohibited within 100 feet of an aircraft being fueled or defueled;
(4) No person shall operate any radio transmitter or receiver or any other electronic devices or attempt to place into operation any electrical appliances, or to turn “on” or “off” any electrical appliances by means of a switch or any other device, in an aircraft, when the aircraft is being fueled or defueled except in aircraft where established operating procedures require deviation;
(5) During fueling or defueling, the aircraft and the fuel dispensing apparatus shall both be electrically grounded to a point or points of zero electrical potential;
(6) Every person engaged in the fueling or defueling of aircraft shall exercise the greatest degree of care to prevent overflow or spillage of fuel. No fuel pumping apparatus or hoses shall be unattended during any fueling or defueling process. Any person causing any overflow of fuel during fueling or defueling operations otherwise, shall be responsible for all consequences arising from such act and shall immediately notify the city Fire Department. Such person shall also be responsible for cleaning any areas upon which fuel has spilled or flowed over, and in the event such areas are not cleaned immediately after the occurrence of such spillage, the Director shall take steps to have the areas cleaned at the expense of the offending person;
(7) Only personnel engaged in the fueling, defueling, servicing or operation of an aircraft shall be permitted within 100 feet of such aircraft during such operation, excluding passengers or cabin attendants as provided in division (P)(8) of this section.
(8) No passengers shall be permitted in any aircraft during fueling or defueling unless a cabin attendant is present at or near the cabin door;
(9) No person shall use any material during fueling or defueling which may or is likely to cause a static spark;
(10) Adequate fire extinguishers shall be within ready reach of all fueling and defueling operations and shall be supplied by the operator of the fueling facility;
(11) No person shall start or attempt to start the engine of any aircraft when there is fuel on the ground within 100 feet of such aircraft;
(12) All hoses and other apparatus used for fueling and defueling shall be maintained in a safe, sound and nonleaking condition;
(13) All hoses and other apparatus used in fueling or defueling shall be equipped with a grounding device in good order to prevent ignition of volatile liquids;
(14) The fueling and defueling of aircraft shall be conducted at a distance of at least 50 feet from any hangar or other building.
(Q) Fire apparatus instructions. All employees of the airport or employees of lessees and tenants, shall be and remain proficient with respect to the operation of fire extinguishing apparatus and equipment in the immediate vicinity of their usual place of employment.
(R) Radio operation. No person shall operate any radio equipment of any aircraft when such aircraft is in hangars or other buildings except by authorized, qualified personnel engaged in the repair, installation, maintenance and overhaul of such radio equipment.
(S) Cleanliness of airport. Each airport tenant shall keep the floors, walls and ceilings of any area on the airport leased by him in clean and sanitary condition and free of dirt and grime. Airport tenants shall not permit waste to accumulate in their leased space and shall take such steps as are necessary to prevent the presence of rats, mice, roaches and other vermin within the space leased by them.
(T) Prices. Each airport tenant selling goods and services to the public at any airport shall provide such goods and services at a price comparable to and competitive with prices charged by similar business for substantially similar goods and services in the city unless such tenant can establish that higher prices are justifiable by increased costs necessarily incurred by it at the airport; in the latter case such prices may be no higher than justified by such increased costs.
('76 Code, § 6-40) Penalty, see § 8-1-99
The City Commission shall establish by resolution the minimum standards and regulations by which all persons, firms or other legal entities engaged in commercial and noncommercial aeronautical activities at the Kissimmee Airport shall obey. (See Appendix B)
(Ord. 2154, passed 1-28-97)
(A) General rules.
(1) All aeronautical activities at the city airport, and all flying of aircraft departing from or arriving at the airport shall be conducted in conformity with applicable provisions of the regulations of the Federal Aviation Administration or any successor agencies.
(2) The pilot or operator of any aircraft involved in an accident at the airport or within the city causing personal injury or property damage shall in addition to all other reports required to be made to other agencies, make a prompt and complete report concerning said accident to the office of the Director. When a written report of an accident is required by the Federal Aviation Regulations, a copy of such report may be submitted to the Director in lieu of the report required above.
(3) Aircraft owners, their pilots or agents shall be responsible for the prompt disposal of disabled aircraft and parts thereof unless required or directed to delay such action pending an investigation of an accident. When a disabled aircraft is blocking or impairing the use of any portion of the air operations area, the pilot or other person in control of the aircraft shall make immediate arrangements to have the aircraft moved as soon as the N.T.S.B. or Federal Aviation Administration has cleared the same. In the event that the aircraft is not removed as soon as is reasonably possible, the Director may remove the aircraft at the expense of the owner, and in the event payment is not made therefor by the owner, a lien for the charges therefor will be placed upon the aircraft; the city shall not be liable for any damage or injury arising out of such removal.
(4) The Director shall have the right at any time to close the airport in its entirety or any portion thereof to air traffic, to delay or restrict any flight or other aircraft operation, to refuse takeoff permission to aircraft, and to deny the use of such airport or any portion thereof to any specified class of aircraft or to any individual or group, when he considers any such action to be necessary and desirable to avoid endangering persons or property and to be consistent with the safe, proper and efficient operation of the airport. In the event the Director believes the condition of such airport to be unsafe for landings or takeoffs, it shall be within his authority to issue, or cause to be issued, a NOTAM (Notice to Airmen), closing the airport or any portion thereof.
(5) The Director may require from time to time and may designate, at his discretion, appropriate locations for the registration of pilots and aircraft using the city airport, and such pilots shall comply with the requirements of such registration.
(6) The payment of rentals, fees and charges relating to the use of airport premises and facilities shall be made before takeoff unless credit arrangements shall theretofore have been made by the pilot or owner of aircraft with the Director or his representative.
(7) The owner or owners of each aircraft based at the airport must maintain public liability and property damage insurance on such aircraft. It shall be the responsibility of the fixed base operator from whom the owner rents tie-down or hangar space to ascertain that such insurance is in force. The minimum amounts of insurance are:
Public liability, per person $100,000
Public liability, per accident, per seat in such aircraft 100,000
Property damage 100,000
(B) Air traffic rules.
(1) No lighter-than-air aircraft or gliders shall land or take off from the airport without the prior permission of the Director, except in the event of an emergency.
(2) The Director shall have the right to deny the use of the airport to any aircraft or pilot violating this ordinance, or the rules and regulations promulgated hereunder.
(3) All aircraft operations shall be confined to hard-surfaced runways, taxiways, ramps and aprons in the air operations area, unless permission is first obtained from the Director or his representative to use other area.
(4) Runways shall be used for takeoffs or landings of aircraft other than helicopters. Helicopters shall take off and land only on areas designated by the Director or his representative.
(C) Taxiing and ground rules.
(1) No aircraft engine shall be run at the airport unless a pilot or a certificated A&P (airframe and power plant) mechanic qualified to run the engines of that particular type of aircraft is attending the controls.
(2) No person shall taxi an aircraft on the airport until he has ascertained that there will be no danger of collision with any persons or objects.
(3) All aircraft shall be taxied at a safe and reasonable speed.
(4) All aircraft operating on the airport shall be equipped with wheel brakes in proper working order.
(5) No aircraft shall be taxied into or out of any hangar under its own power.
(6) All aircraft being taxied, towed or otherwise moved at the airport shall proceed with navigation lights on during the hours between sunset and sunrise.
(7) Aircraft at the airport are restricted from “running up” aircraft engines between the hours of 2300 (11:00 p.m.) and 0600 (6:00 a.m.) for maintenance purposes. This procedure in no way should be construed that pre-takeoff engine checks cannot be made.
(8) All repairs to aircraft or engines shall be made in the areas designated for this purpose. Minor adjustments and repairs may be performed on air carrier aircraft at passenger gate positions on the terminal ramp when such repairs can be accomplished without inconvenience to other persons. Any aircraft being repaired at a passenger gate position shall be moved immediately upon the request of the Director or his representative. No aircraft engine shall be run-up for test purposes at any gate position.
(9) Aircraft shall not be parked on the airport except in areas and in the manner designated by the Director. The city assumes no responsibility for aircraft parking on any airport.
(10) Aircraft shall not be washed except in areas designated by the Director.
(D) Helicopter operations at the airport.
(1) Helicopters shall avoid fixed-wing aircraft traffic patterns and altitudes to the maximum extent possible.
(2) Helicopters shall not be taxied, towed or otherwise moved with rotors turning unless there is a clear area of at least 50 feet in all directions from the outer tips of the rotors.
(3) Helicopters shall not be operated within 100 feet of any areas on the city airport where unsecured light aircraft are parked.
(4) During landings and takeoffs, helicopters shall not pass over any airport buildings, structures, their adjacent auto parking areas, or passenger concourses.
(E) Manifests. Upon request of any authorized employee or representative of the Director to an authorized pilot or other person charged with the duty of supervising the loading of aircraft or the preparation or certification of flight manifest therefor, such person shall produce any specific flight manifest or manifests for inspection by the Director or his authorized representative.
('76 Code, § 6-44) Penalty, see § 8-1-99
(A) Any person, firm or corporation desiring to rent counter space in the terminal building at Kissimmee Municipal Airport are hereby exempt from the requirements of § 8-1-25 of this chapter.
(B) The city may negotiate with any person, firm or corporation desiring to rent counter space at the terminal building provided said negotiations are incorporated in a written lease signed by the city and the lessee.
('76 Code, § 6-42.1) (Am. Ord. 862, passed 3-15-77)
(A) Commercial ground transportation defined. All transportation of persons or baggage on city airport property by taxicabs, limousines and buses and the picking up or delivering of rental motor vehicles shall be deemed to constitute commercial ground transportation.
(B) Commercial ground transportation without a permit is prohibited, except as is expressly provided in this section. No person shall enter upon the city airport, or the access roads or parking areas thereat, for the purpose of conducting commercial ground transportation without first obtaining a permit from the city, except as expressly provided in this section.
(C) Taxicabs. Drivers of taxicabs which are operated by a person who does not hold a permit to conduct a taxicab business on the airport may enter upon the access roads of the airport and unload passengers and baggage at the curbside area designated by the Director for the unloading of taxicab passengers, and shall immediately thereafter leave the property of the airport without picking up any other taxicab passenger. Except to the extent permitted above, no taxicab shall pick up or discharge passengers at the airport without first obtaining a permit from the city authorizing the person owning the taxicab to conduct a taxicab ground transportation business on the said airport. Solicitation by drivers of cabs is prohibited. Solicitation by dispatchers and starters shall be conducted only in a manner approved by the Director. The term SOLICITATION as used in this subsection shall be specifically defined to mean the asking of a passenger or other person if he desires a taxicab. Upon request, taxicab dispatchers and starters shall courteously inform passengers or others of alternate means of ground transportation, their location, and their frequency. Cruising of taxicabs is prohibited.
(D) Limousines. No owner or operator of any limousine shall conduct a limousine transportation business at the airport without a written permit therefor granted by the city. Only limousine dispatchers as are authorized by limousine companies under written contract with the city may solicit limousine fares on the airport. Such limousine dispatchers shall be clearly identified as dispatchers and they shall perform their duties only in those areas designated for limousine loading. The term SOLICITATION as used in this section shall be specifically defined to mean the asking of a passenger or other person if he desires limousine service. Upon request limousine dispatchers shall courteously inform passengers or others of alternate means of ground transportation and where they can be obtained. Limousine drivers or any other persons connected therewith shall be specifically prohibited from soliciting limousine fares on the airport.
(E) Rental motor vehicles. No person shall solicit, carry on, conduct or engage in the business of renting motor vehicles on the city airport or deliver rental motor vehicles to his customers or pick up rental motor vehicles from his customers at the airport without a written permit therefor granted by the city.
(F) Courtesy cars. Courtesy cars, as heretofore defined, may operate at the airport as long as their activities fall within the definition of a courtesy car as previously defined herein.
(1) General prohibition. No person shall operate a bus on the airport without first obtaining a permit from the airport Director; such permit is required whether or not such bus is engaged in a commercial activity on such airport.
(2) Per trip permits. Each entry of a bus upon the property of the airport shall be deemed to constitute a single trip for purposes hereof, whether passengers are loaded or unloaded or whether one group of passengers is unloaded and another group of passengers is immediately thereafter loaded. Unless the bus operator holds a permit issued pursuant to division (G)(3) of this section, such operator shall, prior to causing a bus to enter the property of the airport, obtain a bus trip permit from the Director and pay a permit fee of $5.
(3) Other permits. The city may issue permits to bus operators permitting them to operate one or more buses on the airport during a period of time specified in such permit, on such terms and conditions as the city shall deem appropriate.
(4) Solicitations of fares. Only bus dispatchers as are authorized by bus companies holding a permit issued pursuant to this section may solicit fares on the airport. Such bus dispatchers shall be clearly identified as dispatchers and they shall perform their duties only in those areas designated for bus loading. The term SOLICITATION as used in this section shall be specifically defined to mean the asking of a passenger or other person if he desires bus service. Upon request, bus dispatchers shall courteously inform passengers or others of alternate means of ground transportation and where such can be obtained. Bus drivers or any other persons connected therewith shall be specifically prohibited from soliciting bus fares on the city airport.
('76 Code, § 6-41) Penalty, see § 8-1-99
(A) Any flying club based at the airport must furnish the Director of Aviation with a list of officers, Directors and members and shall notify the Director immediately of any changes or additions.
(B) No flying club shall engage in any commercial activity reserved for fixed base operators mentioned herein.
('76 Code, § 6-43) (Am. Ord. 2154, passed 1-28-97) Penalty, see § 8-1-99
LAND USE IN NOISE ZONES
It is hereby declared that the purpose of this subchapter is to provide for the health, safety and welfare of the general public located in proximity to the Kissimmee Municipal Airport by establishing standards for land use and for sound level reduction requirements with respect to exterior noise resulting from the legal and normal operations at the Kissimmee Municipal Airport. This subchapter establishes noise zones of differing intensities on land use in the vicinity of Kissimmee Municipal Airport; establishes permitted land uses in the noise zones; and establishes notification procedures to prospective purchasers of real property within the noise zones.
('76 Code, § 6-93) (Ord. 1161, passed 9-18-82)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In those cases wherein a word or words are not defined, its definition shall be as found in Black's Law Dictionary, latest edition, or in American Heritage College Dictionary, third edition.
AVIATION EASEMENT. An aviation easement is the assignment of a right to an airport proprietor to a portion of the total benefits of the ownership of real property. The selected rights may be granted to the airport proprietor or may be purchased by him.
BUILDING INSPECTOR. The administrative officer within the city who will inspect the acoustical design of building constructed within noise zones to ensure that they meet the requirements of this subchapter.
LDN. A day/night average sound level which is the 24-hour average sound level, in decibels, obtained after the addition of ten decibels to sound levels during the night from 10:00 p.m. to 7:00 a.m.
NOISE REDUCTION (NR). Reduction in decibels of sound pressure levels between two designated locations or rooms for a stated frequency or band.
NOISE ZONES. Noise Zone A is an area within the 75 Ldn noise contour in which land use should be limited to activities that are not noise sensitive. Noise Zone B is an area between the 70 to 75 Ldn noise contour in which land use should require a site specific analysis, aviation easements and appropriate sound level reduction measures for construction of buildings. Noise Zone C is an area between the 65 to 70 Ldn noise contour in which land use is normally acceptable for construction of buildings which include appropriate noise attenuation measures.
OCCUPIED ROOMS. Rooms within enclosed structures which are or may reasonably be expected to be used for human activities which involve speech communication, sleeping, eating, listening to live, recorded or broadcast music or speech, or the regular use of telephones.
PERSON. Individual, firm, partnership, corporation, company, association, joint stock association or political body including the trustee, receiver, assignee, administrator, executor, guardian or other representative.
QUALIFIED ACOUSTICAL CONSULTANT. A person who, by reason of his training and experience in the science and technology of acoustics and his knowledge of construction methods and materials, is considered qualified to pass judgment on acoustical designs, materials and methods of construction for the attenuation of noise.
SITE SPECIFIC ANALYSIS (SSA). The process by which a proposed land use in a designated aircraft noise-impacted area is examined for compliance with the city or the county Land Use Plan, the attached [by reference] noise zone map and the land use guidance chart contained herein. Site specific analysis enables the permit/plot applicant to be advised of the type of construction needed to meet the sound level reduction requirements.
SOUND ABSORPTION. Capacity of materials and furnishings in a room to absorb sound. For the purposes of this subchapter, the sound absorption is equal to 0.05 times the room volume in cubic feet divided by the measured reverberation time in seconds determined with an octave band of noise centered at 500 hertz.
SOUND LEVEL. In decibels, the quantity measured by an instrument satisfying the requirements of American Standard Specification for Type I Sound Level Meters. The sound level shall be the frequency weighted sound pressure level obtained with the frequency weighing “A” and the standardized dynamic characteristic “SLOW.”
SOUND LEVEL REDUCTION (SLR). Difference in decibels between the sound level outside a building and the sound level inside a designated room of the building which is caused by exterior noise.
('76 Code, § 6-94) (Ord. 1161, passed 9-18-82)
(A) Establishment of noise zones. There are hereby created and established three land use noise zones; Zone A, Zone B and Zone C. Such zones are shown on the airport zones map for the city and the county which is attached and made a part hereto [by reference] as Appendix 4 and are described in division (D) of this section. The noise zones contained herein are based on a projection of future noise environments arising from aircraft flight operations at Kissimmee Municipal Airport through the year 2000.
(B) Identification of noise zone boundaries.
(1) Zone A. A land use noise zone is hereby established and designated as Zone A, being that area commencing at the outermost boundary of the airport and extending outward therefrom to a boundary indicated on the noise zone map as “B” and as described in division (D) of this section. The outer boundary of noise Zone A approximates a noise level of 75 Ldn.
(2) Zone B. A land use noise zone is hereby established and designated as Zone B, being that area commencing at a boundary indicated on the noise zone map as the outer boundary of noise Zone A and extending outward therefrom to a boundary indicated on the noise zone map as “C” and as described in division (D) of this section. The outer contour of noise Zone B approximates a noise level of 70 Ldn.
(3) Zone C. A land use noise zone is hereby established and designated as Zone C, being that area commencing at the outer boundary indicated on the noise zone map as “B” and extending outward therefrom to the furthermost boundary indicated on the noise zone map and as described in division (D) of this section. The outer contour of noise Zone C approximates a noise level of 65 Ldn.
(C) Definition of overflight areas. Overflight areas are those areas that lie directly below and 500 feet on either side of the center line of Runways 15-33 and 6-24 and extend 3,000 feet from the runway ends.
(D) Legal description of noise zone boundaries.
(1) Zone A (75 Ldn and above). Noise Zone A applies to an area of 75 Ldn entirely within the Kissimmee Municipal Airport in Osceola County, Florida, and surrounding Runway 15-33 at depths varying from 275 to 550 feet from the center line of said runway.
(2) Zone B (70 Ldn to 75 Ldn). Noise Zone B applies to an area of 70 Ldn surrounding the Kissimmee Municipal Airport in Osceola County, Florida, more particularly described as follows:
Beginning at a point approximately 1,000 feet south of Vine Street on the Armstrong Boulevard center line extended and proceeding westerly approximately 500 feet to a point; thence due south 250 feet to a point; thence westerly 150 feet to a point on the northeast extremity of the airport crash hazard zone; thence southwesterly along said crash hazard zone boundary approximately 550 feet to a point; thence due west to the center line of Airport Road; thence north along the center line of Airport Road approximately 250 feet to a point; thence westerly along existing city limits line to its intersection with the northern right-of-way of the SeaBoard Coastline Railroad spur; thence northwesterly 350 feet; thence crossing the SeaBoard Coastline Railroad spur right-of-way; thence southeasterly along the SeaBoard Coastline Railroad right-of-way southern boundary approximately 700 feet to a point; thence southeasterly in a varying line through airport property and approximately parallel to and from 750 to 1,000 feet from Runway 15-33 to a point approximately 175 feet east of Gilbert Avenue; thence to the northern extension of Gilbert Avenue; thence southerly along the centerline of Gilbert Avenue approximately 1,450 feet to a point on the center line of Pershing Street (Grey); thence easterly along the center line of Pershing Street (Grey) approximately 650 feet to a point opposite Wilson Avenue; thence southerly along the center line of Wilson Avenue approximately 850 feet to the right-of-way of the SeaBoard Coastline Railroad; thence northeasterly approximately 850 feet along the SeaBoard Coastline Railroad to a point on the existing city limits line; thence southerly along the existing city limits line approximately 1,200 feet to a point; thence easterly approximately 550 feet to a point following the existing city limits line; thence southerly approximately 200 feet to a point following the existing city limits line; thence easterly approximately 1,500 feet to a point following the existing city limits line; thence due north approximately 1,450 feet to a point opposite the center line of Thacker Avenue; then northwesterly along the boundary of Osceola Park Estates approximately 950 feet to a point on the center line of the SeaBoard Coastline Railroad; thence 850 feet to Anthony Street and the city ditch; thence northerly along the eastern bank of the city ditch approximately 650 feet to a point coincident with airport property boundaries; thence northwesterly approximately 1,425 feet along airport boundaries; thence continuing in a northwesterly direction through airport property on a varying line 750 to 1,000 feet from runway 15-33 to a point on the SeaBoard Coastline Railroad spur, which is 750 feet west of Dyer Boulevard; thence along the center line of the SeaBoard Coastline Railroad spur westerly approximately 750 feet to a point opposite the center line of Armstrong Boulevard extended; thence north approximately 1,350 feet along the center line of Armstrong Boulevard extended to the point of beginning.
(3) Zone C (65 Ldn to 70 Ldn). Noise Zone C applies to an area of 65 Ldn surrounding the Kissimmee Municipal Airport in Osceola County, Florida, more particularly described as follows:
Beginning at the center line of U.S. 192 (Vine Street) coincident with an extension of the center line of Dyer Boulevard and proceeding west on Vine Street approximately 6,700 feet to a point coincident with the extension of center line of Bass Road; thence proceeding south from that point along the center line of Bass Road approximately 2,450 feet to a point; thence proceeding easterly along the existing city limits of the City of Kissimmee approximately 2,800 feet to a point at the center line of Airport Road; thence south along the center line of Airport Road approximately 2,000 feet to a point; thence easterly along the center line of Airport Road 650 feet to a point on Airport property; thence southeasterly in a varying line through airport property essentially parallel and 1,350 feet from the center line of Runway 15-33 to a center point of the most easterly ninety-degree east-south curve of Airport Road; thence southerly along the center line of Airport Road approximately 3,050 feet to the right-of-way of the SeaBoard Coastline Railroad; thence due east approximately 1,050 feet to a point approximately 500 feet south of the center line of the SeaBoard Coastline Railroad; thence due south approximately 950 feet to a point approximately 1,450 feet south of the center line of the SeaBoard Coastline Railroad; thence easterly approximately 3,050 feet to a point on the center line on U. S. 17-92; thence northerly along the center line of U. S. 17-92 approximately 3,300 feet to the eastern bank of the city ditch; thence northerly along the bank of the city ditch approximately 1,700 feet to a point opposite the center line of Martin Street; thence due west along the extension of the center line of Martin Street to the right-of-way of the SeaBoard Coastline Railroad; thence southerly along the city limit enclave line approximately 500 feet to a point; thence westerly approximately 1,225 feet to a point opposite the center line of Thacker Avenue and on the SeaBoard Coastline Railroad right-of-way; thence northerly along Thacker Avenue approximately 1,650 feet to a point; thence due west approximately 275 feet to a point on an existing city limit line extending down the back of lots on Hudson Street; thence southerly approximately 450 to the center line of Sunny Street; thence westerly from the center line of Sunny Street approximately 200 feet to a point on the center line of Hudson Street; thence northerly on Hudson Street approximately 500 feet; thence westerly approximately 200 feet to a point; thence due north approximately 200 feet to the center line of Ernest Street; thence westerly along the center line of Ernest Street approximately 1,350 feet to a point; thence northerly along the east property lines of Lot 26 and Lot 7 Pinedale Subdivision, Plat Book “A,” page 26 according to the public record of Osceola County, Florida, approximately 1,300 feet to a point on the center line of Patrick Street; approximately 550 feet to a point approximately midway of the northern county enclave boundary; thence in a northwesterly direction through airport property on a varying line essentially parallel to and 1,350 feet from the center line of Runway 15-33 or 400 feet from the southern extension of Dyer Boulevard to a point at the intersection of Dyer Boulevard and the northern right-of-way of the
SeaBoard Coastline Railroad spur; thence northerly along the center line of Dyer Boulevard approximately 2,550 feet to the point of beginning.
(E) Determination of boundaries. In determining the location of noise zones boundaries on the map accompanying and made a part of these regulations the following rules shall apply:
(1) Where boundaries are shown to follow streets or alleys, the center line of such streets or alleys, as they exist at the time of adoption of these regulations, shall be the noise zone boundary; or
(2) Where boundaries are shown to enter or cross platted blocks, property lines of lots, as they exist at the time of adoption of these regulations, shall be the noise zone boundary; or
(3) Notwithstanding the above where boundaries are shown on any platted lot, provisions of the more restricted zones shall apply; or
(4) Where boundaries are shown on unsubdivided property, less than ten acres in area, provisions of the more restricted zone shall apply; or
(5) Where boundaries are shown on unsubdivided property, ten or more acres in area, the location shall be determined by scale shown on the map unless dimensions are given on the map.
('76 Code, § 6-95) (Ord. 1161, passed 9-18-82)
(A) Activities permitted and restricted. All land uses shall be permitted in the several noise zones as provided in the land use guidance chart. Those activities and land uses not specifically listed in the land use guidance chart are permitted or restricted in the appropriate zones based on their similarity to noise tolerance as exhibited by the activities and land uses which are listed in the land use guidance chart.
(B) Nonconforming uses. The regulations prescribed by this subchapter shall not be construed to require the sound conditioning or other changes or alteration of any preexisting structure not conforming to this subchapter as of the effective date of this subchapter or otherwise interfere with the continuance of any such preexisting nonconforming use. Nothing herein contained shall require any such change in the construction, alteration of which was begun prior to the effective date of this division, and is diligently prosecuted.
('76 Code, § 6-96) (Ord. 1161 passed, 9-18-82)
(A) Noise Zone A. No residential development shall be allowed within noise Zone A.
(B) Noise Zones B and C.
(1) Constructive knowledge shall be made available to all purchasers of residential property as provided for in F.S. § 475.25, and Public Law 96-163 (49 USC 2101). Public notice through the use of maps depicting noise impacted areas shall be available at the planning departments of the city and county and a listing of all residential property within noise impacted areas, shall be made available from the public records of the county annotating all residential property within noise Zones B and C.
(2) A listing of all residential property within noise Zones B and C will be compiled by the county tax assessor of the county from public records. It shall be updated at least once each year and this listing will be used by title companies, real estate agencies and individuals to determine the notice required to be given to prospective purchasers of residential property. A disclosure statement at Appendix 6 [attached hereto by reference] shall be completed for the sale of all residential property located in noise Zones B and C. This statement shall be filed with the property deed.
('76 Code, § 6-100) (Ord. 1161, passed 9-18-82)
(A) Scope of requirements.
(1) The provisions of this subchapter shall apply to the construction, alteration, moving, demolition, repair and use of any building or structure within the city or the county, except work located primarily in a public right-of-way, public utility towers and poles, mechanical equipment not specifically regulated in this subchapter.
(2) Additions, alterations, repairs and changes of use or occupancy in all buildings and structures shall comply with the provisions of this subchapter.
(B) Application to existing buildings.
(1) Generally. General buildings or structures to which additions, alterations or repairs are made shall comply with all the requirements of this division except as specifically provided in this section.
(2) Additions, alterations and repairs. More than 50%. When additions, alterations, or repairs within any three-year period exceed 50% of the value of an existing building or structure, such building or structure shall be made to conform to the requirements of this subchapter.
(3) Nonstructural alteration and repairs. Fifty per cent or less. Alterations or repairs, not exceeding 50% of the value of an existing building or structure and which are nonstructural, may be made with the same materials of which the building or structure is constructed.
(4) Repairs. Roof covering. Not more than 50% of the roof covering of any building or structure shall be replaced in any three-year period unless the new roof covering is made to conform to the requirements of this division.
(5) Existing occupancy. Buildings in existence at the time of the passage of this chapter may have their existing use or occupancy continued if such use or occupancy was legal at the time of passage of this article, provided such continued use is not dangerous to life.
(C) Moved buildings. Buildings or structures moved into or within the city or county shall comply with applicable provisions of this subchapter.
(D) Approval of methods of construction.
(1) The Building Inspector may approve any methods of construction provided for in the recommended material and construction list (Appendix 5 [attached hereto by reference]) and that the proposed design is satisfactory and complies with the sound level reduction requirements.
(2) The Building Inspector may require that sufficient evidence or proof be submitted to substantiate any claims made as to the performance of submitted construction methods.
('76 Code, § 6-97) (Ord. 1161 passed 9-18-82)
(A) General requirements. The SLR requirements of Table I may be achieved by any suitable combination of building design, choice of building materials and execution of construction details in accordance with established architectural and acoustical principles. The SLR requirements shall apply to all occupied rooms having one or more exterior walls or ceilings, when furnished in accordance with the intended final usage of the room.
(B) Meeting SLR requirements. No building or structure, for which an SLR 25, SLR 30, or SLR 35 is required by Table I of this division, may be constructed, altered, moved, demolished, or repaired unless and until a building permit therefor has been issued by the Building Inspector. No such permit shall be issued unless and until conformance with the requirements contained in § 8-1-64 is indicated, by plans and specifications for the building or structure and when such plans and specifications include the provisions of Appendix 3 [attached hereto by reference] and will result in a sound level reduction for the applicable room(s) at least as great as the SLR value specified in Table I for the particular usage involved.
(C) SLR design information.
(1) For calculations undertaken for purposes of meeting the requirements of division (B) of this section, the Building Inspector may use the assumed outside spectrum shown in Figure I following this section. Such calculations shall take into account the area of exposed room surfaces, the sound transmission loss characteristics of exposed room surfaces, and the amount of sound absorption in the room. For rooms in residential structures, it can be assumed that the ratio of the sound absorption in each room to the room floor area is as follows:
RATIO OF SOUND ABSORPTION TO ROOM FLOOR AREA
Octave Frequency Band, Hz
Sound Absorption Floor Area
500 and higher
(2) In the calculations, allowance shall be made for a decrement of at least two decibels for sound leaks and flanking sound transmission paths.
('76 Code, § 6-98) (Ord. 1161, passed 9-18-82)
Tables I-1 - I-4 not shown. See printed code to view tables.
(A) General responsibilities.
(1) The Building Inspector may, prior to granting final approval of the finished building construction, require, as the expense of the owner, field tests by a qualified acoustical consultant to verify the sound level reduction (SLR) of the building. The Building Inspector may require such verification whenever it appears that variations from sound-isolation features in the approved plan, poor sealing methods or defective workmanship may have been employed. The report of verification shall be filed with the Building Inspector which shall include a description of the verification method, measurement instrumentation and the results of the noise level reduction measurements.
(2) The noise level reduction requirements of § 8-1-45 must be satisfied for each occupied room. For the purpose of verification, it will suffice to test only in those occupied rooms in which exterior noise is most likely to penetrate.
(B) Verification test procedure.
(1) For the purpose of verifying compliance with the noise level reduction requirements in a completed building, aircraft noise prevailing outside the building may be used as the sound source.
(2) Using the noise signal generated by an individual aircraft operation (fly-over event), outside and inside noise levels shall be measured simultaneously. The difference between the maximum noise levels outside and inside the room for the fly-over event should be taken as the measured SLR for the fly-over event, provided that the maximum inside noise level exceeds, by at least seven decibels, the background noise level of the absence of the fly-over.
(3) The SLR should be determined for at least four fly-over events for each room tested. The resulting SLR value assigned to the room shall be the arithmetic average of the individual fly-over event SLR values.
(4) For occupied rooms in residential structures, the inside noise level shall be measured with a single microphone four feet above the floor near the center of the room. For other residential structures, the inside noise level shall be measured with a single microphone five feet above the floor, either near the center of the room, or eight feet into the room from the center of the exterior almost directly exposed wall is smaller. The outside noise level shall be measured at an unobstructed location approximately five feet above the level of the floor of the room under test and eight feet outside the exterior wall most directly exposed to the aircraft noise source near the center of the wall.
(5) For structures in which several rooms are to be evaluated, the tests need only be conducted for those rooms whose exterior walls are most directly exposed to the noise source. If noise level reduction requirements are met for these rooms, the tests need not be repeated for rooms of similar construction which are not as directly exposed to the fly-over event.
(6) For structures where a number of rooms receive nearly-equal exposure to aircraft noise, tests need be constructed in only two of the near-identical rooms.
(7) For residential units, it will usually be sufficient to conduct tests in two rooms. One of the rooms to be tested shall be the bedroom most directly exposed to aircraft noise. The other room to be tested shall be either the living room, dining room or family room, whichever is most directly exposed to the aircraft noise source.
(8) When the sound level reduction is measured in an unfurnished room or a room furnished less than normally, the adjusted sound level reduction shall be computed by adding ten times the logarithm to the base ten of the ratio of the floor area of the room to the sound absorption in the unfurnished room, but in any event, such correction shall not exceed two decibels. The adjusted noise level reduction value shall be used in determining compliance with the SLR requirements. If the noise level reduction is measured in a furnished room, no adjustment in the noise level reduction shall be made.
(9) The noise levels measured outside and inside the room under test may be observed directly by simultaneously reading the maximum noise levels on two sound level meters. Alternatively, the outside and inside fly-over event noise signals should be recorded on magnetic tape with noise level reduction determined by analysis of the recorded signals. In either case, the two measuring systems used for outside and inside noise measurements must each satisfy the requirements for a Type 2 sound level meter according to ANSI SI.4-197 and be operated in the manner designated by ANSI SI.13-197 or latest revisions thereof. Further, the two systems are to be calibrated prior to and following the fly-over events so that they indicate the same level, within one decibel, for the same noise, using suitable calibration procedures as specified by the sound level meter manufacturer.
('76 Code, § 6-99) (Ord. 1161, passed 9-18-82)
No change shall be made in the use of land and no structure shall be altered or otherwise established in any zone hereby created except in accordance with this subchapter.
('76 Code, § 6-102) (Ord. 1161, passed 9-18-82)
(A) An appeal from any interpretation of administrative decision of the Building Inspector may be taken and requests for variance or exception may be made to the Board of Adjustment and appeals as provided in § 8-1-48 of this chapter.
('76 Code, § 6-101)
(B) A variance may be granted by the Board of Adjustment where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship, and would prevent the substantial enjoyment of property rights as shared by nearby properties which do conform to this chapter.
('76 Code, § 6-103)
(Ord. 1161, passed 9-18-82)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In those cases wherein a word or words are not defined, its definition shall be as found in Black's Law Dictionary, latest edition, or in American Heritage College Dictionary, third edition.
AIRPORT. Kissimmee Municipal Airport.
AIRPORT ELEVATION. The highest point of an airport's usable landing area measured in feet above mean sea level.
AIRPORT OBSTRUCTION. Any structure or object of natural growth or use of land which would exceed the federal obstruction standards as contained in 14 CFR Sections 71.21, 77.22, 77.25 and 77.28 or which obstruct the airspace required for flight of aircraft in landing and take-off at an airport or is otherwise hazardous to such landing or takeoff of aircraft.
AIRSPACE HEIGHT. To determine the height limits in all zones set forth in this subchapter, the datum shall be mean sea level elevation (AMSL) unless otherwise specified.
MINIMUM DESCENT ALTITUDE (MDA). The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circling-to-land maneuvering in execution of a standard instrument approach procedure where no electronic glide slope is provided.
MINIMUM ENROUTE ALTITUDE (MEA). The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.
MINIMUM OBSTRUCTION CLEARANCE ALTITUDE (MOCA). The specified altitude in effect between radio fixes on VOR airways, off-airway routes, or route segments which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage only within 22 miles of a VOR.
MINIMUM VECTORING ALTITUDE (MVA). The lowest MSL altitude at which IFR aircraft will be vectored by a radar controller, except when otherwise authorized for radar approaches, departures or missed approaches.
NONCONFORMING USE. Any pre-existing structure, object or natural growth or use of land which is inconsistent with the provisions of this subchapter, or amendments thereto.
NONPRECISION INSTRUMENT RUNWAY. A runway having a nonprecision instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document or military service's military airport planning document.
RUNWAY. A defined area on an airport prepared for landing and takeoff of aircraft along its length.
STRUCTURE. Any object, constructed or installed by man, including, but not limited to, buildings, towers, smoke stacks, utility poles and overhead transmission lines.
VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on a FAA approved airport layout plan, a military services approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.
ZONING ADMINISTRATOR. The administrative office or agency responsible for administering zoning within each of the political subdivisions that adopt this Kissimmee Airport Ordinance.
('76 Code, § 6-74) (Ord. 1161, passed 9-18-82)
(A) Notwithstanding the preceding provisions of this section, the owner of any structure over 200 feet above ground level shall install lighting in accordance with Federal Aviation Administration Advisory Circular 70/7460-1 and amendments thereto on such structure. Additionally, high intensity white obstruction lights shall be installed on a high structure which exceeds 749 feet above mean sea level. The high intensity white obstruction lights must be in accordance with Federal Aviation Administration Advisory Circular 70/7460-1 and amendments.
('76 Code, § 6-77) (Ord. 1161, passed 9-18-82)
Any permit or variance granted shall require the owner to mark and light the structure in accordance with FAA Advisory Circular 70/7460-1 or subsequent revisions. The permit (Appendix 3 [attached hereto by reference]) may be conditioned to permit the county or the city at its own expense to install, operate and maintain such markers and lights as may be necessary to indicate to pilot the presence of an airspace hazard if special conditions so warrant.
('76 Code, § 6-79) (Ord. 1161, passed 9-18-82)
Notwithstanding any other provisions of this subchapter, no use may be made of land or water within any zones established by this division in such a manner as to interfere with the operation of an airborne aircraft. The following special requirements shall apply to each permitted use:
(A) All lights or illumination used in conjunction with street, parking, signs or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from a public airport or in vicinity thereof.
(B) No operations from any type shall produce smoke, glare or other visual hazards within three statute miles of any usable runway of a public airport.
(C) No operations from any type shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.
(D) Sanitary landfills will be considered as an incompatible use if located within areas established for the airport through the application of the following criteria:
(1) Landfills located within 10,000 feet of any runway used or planned to be used by turbojet or turboprop aircraft.
(2) Landfills located within 5,000 feet of any runway used only by piston type aircraft.
(3) Landfills outside the above perimeters but within conical surfaces described by FAR Part 77 and applied to an airport will be reviewed on a case-by-case basis.
(4) Any landfill located so that it places the runways and/or approach and departure patterns of an airport between bird feeding, water or roosting areas.
(E) No public or private school or any other educational facility shall be constructed at either end of a runway in an area which extends five miles in a direct line along the centerline of the runway and which has a width measuring one-half the length of the runway. The City Commission may grant an exception to this prohibition upon specific findings detailing how the public policy reason for the exception outweighs the health and safety concerns for such prohibition.
('76 Code, § 6-76) (Ord. 1161, passed 9-18-82; Am. Ord. 2660, passed 9-11-07)
The regulations prescribed by this subchapter shall not be construed to require the removal, lowering or other changes or alteration of any existing structure or tree not conforming to the regulations as of the effective date of this subchapter. Nothing herein contained shall require any change in the construction or alteration of which was begun prior to the effective date of this subchapter, and is diligently prosecuted and completed within two years thereof. The cost of removing or lowering any tree not conforming to the requirements of this division shall be borne by the proprietor of the airport affected by the nonconforming tree. Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt or allowed to grow higher or replanted, a permit must be secured from the Zoning Administrator or his duly appointed designee. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was as of the effective date of this subchapter. Whenever the Zoning Administrator determines that a nonconforming use or nonconforming structure or tree has been abandoned or that the cost of repair, reconstruction or restoration exceeds the value of the structure or tree, no permit shall be granted that would allow said structure or tree to be repaired, reconstructed, or restored except by a conforming structure or tree.
('76 Code, § 6-80) (Ord. 1161, passed 9-18-82)
Any person desiring to erect or increase the height of any structure or use his property, not in accordance with the regulations prescribed in this subchapter, may apply to the Board of Adjustment for a variance from such regulations. No application for variance (Appendix 2 [attached hereto by reference]) to the requirements of this subchapter may be considered by the Board of Adjustment unless a copy of the application has been furnished to the appropriate Zoning Administrator.
('76 Code, § 6-78) (Ord. 1161, passed 9-18-82)
(A) Zones established. In order to carry out the provisions of this subchapter, there are hereby created and established certain zones which include all of the land lying beneath the approach, transitional, horizontal and conical surfaces as they apply to a particular airport. Such zones are shown on the Kissimmee Airport Zoning Map which is attached to this subchapter (by reference) and made a part hereof as Appendix 1.
(B) Public civil airport height zones and limitations. An area located in more than one of the described zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:
(1) Primary zone.
(a) An area longitudinally centered on a runway, extending 200 feet beyond each end of that runway with the width so specified for each runway for the most precise approach existing or planned for either end of the runway. No structure or obstruction will be permitted within the primary zone, that is not part of the landing and take-off area, and is of a greater height than the nearest point on the runway center line. The width of the primary zone is as follows:
(b) For other than utility runways the width is:
1. Runways 33, 06 and 24. Five hundred feet for visual runways having only visual approaches.
2. Runway 15. Five hundred feet for nonprecision instrument runways having visibility minimums greater than three-fourths statute mile.
(c) The width of the primary zone of a runway will be that width prescribed in this section for the most precise approach existing or planned for either end of that runway.
(d) No structure or obstruction will be permitted within the primary zone that is not part of the landing and take-off facilities and is of a greater height than the nearest point on the runway center line.
(2) Horizontal zone.
(a) The area around each civil airport with an outer boundary the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary zone of each airport's runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:
1. Runways 33, 06 and 24. Five thousand feet for all runways designated as utility or visual.
2. Runway 15. Ten thousand feet for all other runways.
(b) The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest composite value determined for either end of the runway. When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded on the construction of the perimeter of the horizontal zone. No structure or obstruction will be permitted in the horizontal zone that has a greater height than 150 feet above the airport height.
(3) Conical zone. The area extending outward from the periphery of the horizontal zone for a distance of 4,000 feet. Height limitations for structures in the conical zone are 150 feet above airport height at the inner boundary with permitted height increasing one foot vertically for every 20 feet of horizontal distance measured outward from the inner boundary to a height of 350 feet above airport height at the outer boundary.
(4) Approach zone. An area longitudinally centered on the extended runway center line and extending outward from each end of the primary surface. An approach zone is designated for each runway based upon the type of approach available or planned for that runway end.
(a) The inner edge of the approach zone is the same width as the primary zone and it expands uniformly to a width of:
1. Runways 33, 06 and 24. One thousand five hundred feet for that end of a runway other than a utility runway with only visual approaches.
2. Runway 15. Three thousand five hundred feet for that end of a nonprecision instrument runway other than utility, having visibility minimums greater than three-fourths of a statute mile.
(b) The approach surface extends for a horizontal distance of:
1. Runways 33, 06 and 24. Five thousand feet for all utility and visual runways.
2. Runway 15. Ten thousand feet for all nonprecision instrument runways other than utility.
(c) The outer width of an approach zone to an end of a runway will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end.
(d) Permitted height limitation within the approach zones is the same as the runway end height at the inner edge and increases with horizontal distance outward from the inner edge as follows:
1. Runways 33, 06 and 24. Permitted height increases one foot vertically for every 20 feet horizontal distance for all utility and visual runways.
2. Runway 15. Permitted height increases one foot vertically for every 34 feet horizontal distance for all nonprecision instrument runways other than utility.
(5) Transitional zone. The area extending outward from the sides of the primary zones and approach zones connecting them to the horizontal zone. Height limits within the transitional zone are the same as the primary zone or approach zone at the boundary line where it adjoins and increases at a rate of one foot vertically for every seven feet horizontally with the horizontal distance measured at right angles to the runway center line and extended center line, until the height matches the height of the horizontal zone or conical zone or for a horizontal distance of 5,000 feet from the side of the part of the precision approach zone that extends beyond the conical zone.
(6) Other areas. In addition to the height limitations imposed in divisions (B)(1) through (5) of this section, no structure or obstruction will be permitted within the city or county that would cause a minimum obstruction clearance altitude, a minimum descent altitude, minimum vectoring altitude or a decision height to be raised.
('76 Code, § 6-75) (Ord. 1161, passed 9-18-82)
Airport zoning districts, see §§ 15-2-22 and 15-2-23
Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.
('76 Code, § 6-85) (Ord. 1161, passed 9-18-82)
(A) Any person violating any provision of this chapter shall, upon conviction, be punished as provided in § 1-1-99.
(B) Any person who violates any of the provisions of this chapter or any valid rules, regulations or emergency orders promulgated hereunder, on any property owned, operated, managed or controlled by the city, may be forcibly removed or ejected from said property by the Director, his authorized representatives or the city Police Department.
(C) (1) Any person who conducts a commercial activity as defined in this chapter, on the airport, without obtaining a permit from the Director of aviation, as provided in this chapter, shall, upon conviction, be fined not more than, nor less than $500. Such fine shall not be suspended. The Director may suspend the permission, of any person or group of persons convicted of such an offense, to enter upon the property of the airport.
(2) Upon conviction of the above offense on the second occasion, the Director shall revoke the permission of such a person or group of persons to enter upon the property of the airport.
('76 Code, § 6-2)
(D) Each violation of this chapter or of any regulation, order or ruling promulgated herein shall constitute a violation and shall be punished according to § 1-1-99 of the city code. Each day a violation continues to exist shall constitute a separate offense. Furthermore, any violation of §§ 8-1-60 through 8-1-69 is hereby declared a public nuisance actionable by civil legal process.
('76 Code, §§ 6-86, 6-104) (Ord. 1161, passed 9-18-82)
(A) Purpose, intent and requirements.
(1) The purpose of these standards is to allow for the establishment and orderly development of a sound economic base upon which the airport will thrive and experience a stable growth pattern; to insure that the public receives reliable, safe, adequate and nondiscriminatory services from any tenant conducting aeronautical activities at, or from, the airport; and to insure that all tenants conducting aeronautical activities at the airport receive fair, equitable, and nondiscriminatory treatment as compared to others conducting the same or similar activities at the airport.
(2) The intent herein is to categorically identify those minimum standards and regulations by which all persons, firms or other legal entities engaging in commercial (revenue producing) or noncommercial aeronautical activities at the airport shall conduct their respective operations.
(3) The requirements, as set forth in these standards and regulations, are intended to ultimately protect the public health, safety and other interests and, to foster and promote the continued development of the airport in a safe and efficient manner.
(4) Any provision contained herein to the contrary notwithstanding, it is not intended that these minimum standards and regulations are applicable to scheduled certificated or scheduled commuter airlines operating under Federal Aviation Regulations Part 121 or 135 and as such are specifically exempted from these minimum standards and regulations. However, any scheduled certificated or commuter airline desiring to operate at the airport shall be required to enter into a lease agreement with the city. This agreement shall make provision for payment of fees, leasing of space and establishment of operating rules and regulations relative to such airline operations at the airport.
(B) Implementation and application.
(1) It is intended that the implementation and application of these standards and regulations shall be accomplished by the City of Kissimmee (hereinafter “the city”) through its appointed city Manager and Director of Aviation.
(2) These Standards and Regulations shall be published to all existing tenants and shall be incorporated as a part of all future aeronautical lease/operating agreements or permits which the city may enter into relating to Kissimmee Municipal airport.
(3) Any person(s), firm or legal entity wishing to obtain the right to operate and/or establish a leasehold on the airport shall make written application to the city in the manner and form prescribed in these standards. Application for permission to establish, acquire and/or use airport land or any facilities thereon shall be exclusively within the purview of the city; however, in no case shall an applicant submit anything less than the following information:
(a) The applicant's legal name and address.
(b) The applicant's primary business.
(c) The applicant's express intent for utilization of land and/or facilities to be occupied, and more importantly, the services which are intended to be provided to the public.
(d) The applicant must present a preliminary site plan of the proposed leasehold showing all proposed improvements and phasing.
(e) The applicant's estimate of development cost for the improvements.
(f) The applicant's schedule for commencement of lease term, operation and construction of leasehold improvements.
(g) The applicant shall provide qualified references attesting to their financial responsibility and technical ability as related to the proposed business. The information will include the proposed method of financing and list of investors, if any.
(h) The applicant shall provide, before commencement of operation, the names, addresses and qualifications of those key management personnel who will be involved with the daily operation of the business.
(i) The applicant shall provide a list of employees involved with the daily operation of the proposed business.
(j) It will be the city's prerogative to issue identification cards to all persons having and conducting business upon the airport. The applicant agrees to pay the cost of such required identification.
(k) The applicant shall provide a current financial statement.
(l) The applicant shall have, or show the ability to obtain, all city, county, state and federal licenses necessary to conduct the proposed operation.
(1) AERONAUTICAL ACTIVITIES. Any activity which involves, makes possible, or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations. "Commercial" aeronautical activities shall mean any activity by any person(s), firm or legal entity intended to result in a monetary gain. "Noncommercial' aeronautical activities shall mean any activity by any person(s), firm or legal entity intended for their own benefit without the intent of monetary gain.
(2) AIRCRAFT. Includes all contrivances now or from now on used for flight, including but not necessarily limited to airplanes, blimps, rotorcraft, gliders, and free balloons.
(3) AIRPORT. The aeronautical lands, known as the Kissimmee Municipal Airport, and all developments thereon. Lands abutting the airport granted through-the-fence rights shall also be considered part of the airport. The airport shall also include, but not necessarily be limited to all runways, taxiways, rights-of-way, ramps, aprons, aircraft and vehicle parking areas, storage areas of all kinds and descriptions, improvements, utilities, facilities or other real property, necessary or convenient, or desirable, for the landing, takeoff, accommodation or servicing of aircraft of all types.
(4) APPLICANT. Those person(s), firms, or legal entities wanting to acquire use of part of the airport, or establish or use any facility on the airport for an aeronautical activity or other purpose, and, who have applied in writing and in the manner and form prescribed for permission to establish such operations on the airport.
(5) CITY. The City of Kissimmee, Florida, and shall extend to include its several officers, agents and employees.
(6) CODE. The Land Development Code, the Fire Code and the Building Code of the city.
(7) COMMERCIAL ACTIVITY. Any activity conducted for compensation, direct or indirect, and any activity incidental thereto. The charging of fees by any person, whether or not resulting in a profit or gain, shall be deemed to constitute the receipt of compensation and any activities conducted by such persons in consideration therefore shall be deemed a commercial activity.
(8) FAA. The Federal Aviation Administration.
(9) FIXED BASE OPERATOR. ("FBO"). Any aeronautical tenant who fulfills and meets the minimum standards and provides any of the following aeronautical services:
(a) Category "A" - Aviation fuel sales and related services. This tenant shall provide line services to include the sale and into-plane delivery of aviation fuels, lubricants and other related aviation petroleum products. This FBO must also provide facilities for tie-down or other storage of aircraft, ramp services and minor flight line repairs.
(b) Category "B" - Flight instruction and aircraft rental. This tenant shall provide flight training and instruction, in fixed or rotary wing aircraft, and may provide related ground school instruction as is required by the FAA for the category or categories of pilot licenses and ratings involved. This tenant may also rent aircraft (fixed or rotary wing) for use by student or other pilots.
(c) Category "C" - Aircraft charter and air taxi. This tenant shall provide air transportation to the public for hire or on a charter basis as defined in FAR Part 135 as amended, revised or replaced.
(d) Category "D" - Airframe and powerplant repair. This tenant shall be engaged in the maintenance and repair of aircraft and may sell aircraft parts and accessories.
(e) Category "E" - Avionics, instrument and/or propeller repair service. This tenant shall be engaged in the business of maintenance and repair of aircraft radios, instruments, and/or propellers and accessories for aircraft. This tenant category may sell new or used aircraft radios, instruments, propellers, and accessories.
(f) Category "F" - Other aeronautical services. This tenant category encompasses those various aeronautical activities that are not essential to the flying public and are secondary to the traditional primary services as outlined in Categories A-E. Category "F" tenants are specifically excluded from providing any services as defined in Categories A through E. The following list is intended to illustrate typical activities that would fall within this category, but it is not meant to be all inclusive or restrictive:
1. Aircraft painting;
2. Aircraft upholstery shop hangar rental services;
3. Aircraft sales;
4. Any specialized commercial flight services excluded from FAR Part 135;
5. Corporate flight departments;
6. Any other commercial flight services specifically.
(g) Category G - Aircraft restoration / museum. This tenant category encompasses those various aeronautical activities that are associated with restoration and the display of vintage aircrafts.
(10) LEASEHOLD IMPROVEMENT. Shall include, but not necessarily be limited to, any modification, alteration, or repair, either of structural or architectural nature, accomplished by the tenant at their sole cost and expense. Any such improvement shall begin only after the city has approved the tenant's written application requesting same. In all instances, unless provided otherwise in the lease/operating agreement, upon the termination or natural expiration of a lease/operating agreement, title to such improvements shall revert to the city, at the option of the city.
(11) MINIMUM STANDARDS. The qualifications established herein by the airport owner as the minimum requirements to be met as a condition for the right to conduct an aeronautical activity on the airport.
(12) OPERATOR, Any person(s), firm, or legal entities who have applied for and received written permission to engage in a commercial activity, on or from the airport and, have executed the required lease/operating agreement.
(13) OWNER. The City of Kissimmee.
(14) STANDARD CONSTRUCTION SPECIFICATIONS. Shall include, but not necessarily be limited to:
(a) Federal Aviation Administration "Standards for Specifying Construction of Airports."
(b) All other applicable federal, state, county, local and/or airport building codes or other rules and/or regulations controlling construction on public airports.
(15) TENANT. Any person(s), firm or legal entities who have applied for and received written permission to establish a leasehold or other right at the airport whether for commercial activity or not.
(D) Statement of policy.
(1) It is the policy of the city to grant a lease and/or operating rights on the airport to those qualified applicants who have applied for said lease rights in the manner and form prescribed.
(2) Upon considering the applicant, the city shall determine whether the applicant meets the standards and qualifications as herein set out and whether or not such application should be granted in whole or in part, and if so, upon what terms and conditions.
(3) It is the city's intent to have prepared, and make available, a current airport layout plan that will be a scaled, dimensional layout of the entire airport property, indicating, overall, the current and proposed usage for each identifiable segment.
(4) All existing tenants with approved leases conducting operations on the airport, before the effective date of these standards and regulations, are "grandfathered" and will be allowed to continue operations without fully complying with these standards and regulations if the city determines that the continuation of such an operation is in the public interest and does not conflict with any FAA requirement, or if the city determines that it would be an extreme hardship, financial or otherwise, for such a tenant to comply with these standards and regulations fully. When an existing lease of any present tenant, who according to this subsection has not been required to comply with these minimum standards and regulations fully, is extended, renegotiated, or amended such tenant shall be required to comply, within a reasonable time, with all applicable provisions of these minimum standards and regulations. It shall be the policy of the city to afford ample time for each tenant to come into compliance with these minimum standards. Each tenant's situation will be reviewed on an individual basis and an equitable arrangement will be negotiated and documented in the new or amended lease document.
(5) All applicants shall meet the minimum standards, as recited herein, which pertain to their respective category.
(6) It is the intent of the city to examine each application on its own merit. Each applicant shall be responsible to satisfactorily evidence to the city, their respective technical ability and financial responsibility, including the capability to meet the insurance requirements as stated herein.
(7) The city may review the "Minimum Standards and Regulations for Kissimmee Airport" from time to time and may make such revisions or amendments as shall be deemed necessary under the circumstances surrounding the airport to properly protect the health, safety and interest of the public. Upon enactment of any such amendments, all operators and tenants shall be required to conform to such amended standards, except as hereinbefore stated.
(8) In addition to any FAA requirements, the city may establish and set up such rules and regulations as may be required for the: (i) safe and orderly operation of the airport; (ii) the safe and orderly operation of aircraft in the airport traffic area and airspace surrounding the airport; and (iii) the safe and orderly operation of aircraft on the ground.
(9) No person(s), firm or legal entities shall act as an operator/tenant or conduct any commercial activity of any kind or nature at all on the airport, until that person(s), firm or legal entities have: (i) applied for and received permission to so act; and (ii) has entered and executed a lease/operating agreement with the city. Each successful applicant, shall, within 30 business days after having received written approval of their application be ready, willing, and able to enter a written lease/operating agreement with the city, in a form and manner prescribed by the city. For an air charter operation that is not based at the airport but operates to and from the airport, the payment of all applicable landing, parking or other levied fees by the nonbased air charter operation shall be deemed sufficient to meet the requirements of this paragraph.
(10) It is the intention of the city to enter into and execute a lease/operating agreement with the approved applicant as soon as possible after such application is approved.
(11) No application approved, or lease and/or operating agreement executed under these standards and regulations shall be transferable without first obtaining the prior written consent of the city. Sale of a majority of voting stock of a corporation shall be deemed to be a transfer which consent cannot be unreasonably withheld.
(12) All lease/operating agreements shall contain a covenant reciting the operator's obligation to pay an amount for the basic annual rental of agreed space. Such stipulation and covenant will be recited in the applicable lease/operating agreement.
(13) Concerning land having access to the airport runway/taxiway system, it is the intent of the city to restrict the amount of land leased to any operator/tenant to the minimum area reasonably required for the specific aviation purposes that the operator/tenant agrees to conduct on the leased premises within two years of the effective date of the Lease. The city will include a provision in each lease providing for the end of the operator/tenant's rights on the leased premises, or any portion thereof on which the operator/tenant has not made improvements or otherwise utilized for an approved aviation purpose within two years. This time period may be extended for delays not the fault of the operator/tenant.
(14) No revenue producing aeronautical related operation shall be conducted out of a T-hangar or private hangar except by permission of the city.
(15) With respect to the requirement to lease land from the city to perform one or more of the hereinafter listed FBO functions at Kissimmee Municipal Airport, the city recognizes and acknowledges that a negotiated through-the-fence easement agreement will be the equivalent of a lease with respect to FBO rights.
(16) No co-op (an organization formed by several aircraft owner's for self-fueling purposes) fueling is allowed.
(E) Standards and regulations for tenant Category 'A' - Aviation Fuel Sales and Related Services. This tenant provides aviation fuels, lubricants and other services to the public in support of aircraft operations on the airport.
(1) The tenant shall lease, or have under their control, an area of not less than six contiguous acres, and provide, by constructing or leasing, a building that provides adequate space to conduct the business or businesses provided for in the lease agreement with the city. The building shall meet all applicable city codes and be properly conditioned and lighted. The tenant shall also provide public telephone facilities both inside and outside the building for customer use. Any approved through-the-fence operators may meet this standard at the discretion of the city by leasing on-airport property that is contiguous to the property they own.
(2) The tenant shall provide a paved aircraft apron of concrete rigid pavement or flexible asphalt surface of not less than two acres with fuel resistant sealcoating within the leased area. The tenant shall provide a paved taxiway within and without the leased area to satisfy aircraft movement from the tenant's facilities to the existing airport taxiway system. The tenant shall provide adequate paved automobile parking space within the leased area in accordance with City Code. The tenant shall also provide paved walkways and landscaping to meet code requirements.
(3) The tenant shall provide a full range of approved retail fuel services, including jet fuel and avgas. The tenant shall provide at least one 8,000 gallon fuel storage tank for each grade of fuel and maintain an adequate supply of the product. The tenant shall provide metered, filter-equipped dispensers, fixed or mobile, for dispensing required grades of fuel. Separate dispensing pumps and meters are required for each grade of fuel. Existing tenants, that are currently only providing one type of fuel, may, at the discretion of the city, meet this standard by utilizing another FBO on the airport for the other type of fuel.
(4) The tenant shall provide, usual and customary cabin and aircraft services on the ramp or apron parking area, but only within the premises leased to the tenant. The tenant may perform minor or major repair services or may contract for this service.
(5) The tenant shall have such equipment as necessary to provide for aircraft towing and for recharging and energizing aircraft batteries and starters. All equipment shall be maintained and operated according to federal, state, local and/or airport codes.
(6) Any tenant who maintains fuel storage facilities that are subject to registration by the State of Florida shall be required to purchase a pollution liability policy. This policy shall name the city as an additional insured, and shall be in such amount as recommended by the city's insurance carrier and shown on the attached Minimum Insurance Requirement chart.
(7) In conducting refueling operations, every tenant shall install and use adequate grounding facilities at fueling locations to eliminate the hazards of static electricity and shall provide fire extinguishers or other equipment, approved by the National Fire Protection Association, of such types and in such numbers as are commensurate with the hazards involved in refueling and servicing aircraft.
(8) The tenant shall provide for the adequate and sanitary handling and disposal away from the airport, of all trash, waste, and other materials, including but not limited to: used oil, solvents, and other waste. The piling or storage of crates, boxes, barrels and other containers will not be permitted within the leased premises.