155.2422. AIR PARK OBSTRUCTION PERMIT
   A.   Purpose
      The purpose of this section is to establish a standard process for reviewing and approving objects or structures that exceed the federal obstruction standards contained in 14 C.F.R. part 77, subpart C including any object of natural growth or terrain; permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus; or alteration of any permanent or temporary existing structure by a change in the structure's height, including appurtenances, lateral dimensions, and equipment or materials used in the structure. Objects or structures that require notice under 14 C.F.R. Part 77.9 shall utilize the FAA Notice Criteria Tool and submit FAA form 7460-1 to the FAA in accordance with FAA requirements, if applicable.
   B.   Applicability
      An Air Park Obstruction permit approved in accordance with the standards in this section is required before approval of a Zoning Compliance Permit for development of any Air Park obstruction. City staff may use an outside aviation/airport consultant to make a determination of applicability of this section to any development proposal within the designated Air Park Zones Map (aka airspace plan) provided as Figure 155.3707.B for Pompano Air Park when the proposed structure height is 75% or more of the allowable Air Park Zone height limit. If a structure is proposed within the Fort Lauderdale Executive (FXE) Airport airspace within Pompano Beach and is 75% or more of the allowable Airport Zone height limit for FXE shown in Figure 155.3707.D the applicant will be required to obtain a finding of no obstruction or an obstruction permit from the FXE Airport Manager, or the appropriate City of Fort Lauderdale designee, prior to issuance of a development order from the City of Pompano Beach.
      1.   Abbreviated Process for Cranes and Temporary Construction Equipment
         Cranes and construction equipment in use or in place for a period not to exceed 18 consecutive months will be permitted with an abbreviated obstruction permit review process which requires the applicant obtain a determination of no hazard to air navigation from the FAA for temporary crane and construction equipment usage. This determination of no hazard will be in addition to the determination assigned to the proposed structure. The Air Park Obstruction Permit Approval Review Standards in Section 155.2422.D will not apply. The cost recovery review and P&Z public hearing typically required for obstruction permits will not be necessary for these temporary obstructions. The applicant will comply with any applicable obstruction lighting and other potential restrictions associated with lowering during inclement weather, etc., which may be required by the FAA or the city as conditions of building permit approval. Cranes or construction equipment within FXE's airspace will be required to submit all required plans to the FXE Airport Manager for purposes of obstruction review and permitting. No permit for this equipment will be issued by the City of Pompano Beach until the applicant provides the appropriate approval from the City of Fort Lauderdale.
   C.   Air Park Obstruction Permit Procedure
      Applications for Air Park Obstruction permits for new buildings shall be submitted concurrently with an application for Planned Development Rezoning or Site Plan, as applicable. All other applications for Air Park Obstruction permits may be submitted as a stand-alone applications. In accordance with the required review process in F.S. Ch. 333.025(4), upon receipt of the complete permit application and cost-recovery review fee, Development Services shall provide a copy of the application to the FDOT aviation office by certified mail, return receipt requested or by email with receipt to evidence delivery. The aviation office shall have 15 days to review the application following receipt. The FDOT review period shall run concurrently with the city's review period. Development Services will also provide the complete application to the city's aviation consultant to conduct a cost-recovery review of the application to determine compliance with the criteria contained in Section 155.2422.D. If the potential obstruction is within the FXE airspace, the applicant will be directed to the FXE Airport Manager for review and obstruction permitting. No development order for an obstruction in FXE's airspace will be issued until a finding of no obstruction or an obstruction permit has been provided to the applicant by the City of Fort Lauderdale.
      1.   Step 1: Pre-Application Meeting
         Optional (See Section 155.2301.).
      2.   Step 2: Neighborhood Meeting
         Not applicable.
      3.   Step 3: Application Submittal and Acceptance
         Applicable (See Section 155.2303.). The application must include documentation showing both compliance with the federal requirement for notification of proposed construction or alteration and a valid aeronautical study. Approval of a permit is not based solely on the determination by the Federal Aviation Administration (FAA) that the proposed structure is not an Air Park hazard.
      4.   Step 4: Staff Review and Action
         Applicable to a recommendation by the Development Services Director based on cost recovery consultant review and FDOT review.
      5.   Step 5: Public Hearing Scheduling and Notice
         Not Applicable.
      6.   Step 6: Advisory Body Review and Recommendation
         Not Applicable.
      7.   Step 7: Decision-Making Body Review and Decision
         Applicable to a final decision by the P&Z (See Section 155.2307.) and shall be placed on the same P&Z agenda as the concurrent Planned Development Rezoning or Site Plan, if applicable.
   D.   Air Park Obstruction Permit Approval Review Standards
      Following the receipt of a determination by the Federal Aviation Administration (FAA) that the proposed development would not result in an Air Park hazard, the Planning and Zoning Board may approve an Air Park Obstruction permit based on the following considerations, as applicable, per Ch. 333.025(6) F.S.:
      1.   Any comments received from the Florida Department of Transportation regarding the technical consistency with F.S. 333.025, as amended.
      2.   The safety of persons on the ground and in the air.
      3.   The safe and efficient use of navigable airspace and any other aeronautical impacts.
      4.   The nature of the terrain and height of existing structures.
      5.   Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated by the Federal Aviation Administration.
      6.   The cumulative effects on navigable airspace of all existing structures and all other known proposed structures in the area.
      7.   The development order for Air Park Obstruction, if issued, would not permit a nonconforming obstruction to become a greater hazard to air navigation than it was when the applicable airport protection zoning regulation was adopted which allowed the establishment or creation of the obstruction, or than it is when the application for a permit is made.
      8.   Approval of a permit is not to be based solely on the determination by the Federal Aviation Administration that the proposed structure is not an airport hazard.
      9.   The following impacts to the Pompano Air Park:
         i.   The potential to destroy or impair the utility of the Pompano Air Park and the public investment therein.
         ii.   The character of existing and planned flight operations and developments at the Pompano Air Park.
         iii.   The effect of the obstruction on the state licensing standards for a public-use airport contained in chapter 330 and rules adopted thereunder.
         iv.   The effect of the construction or alteration of the proposed obstruction on the minimum descent altitude or the decision height at the Pompano Air Park.
      10.   The marking and lighting is in conformance with the specific standards established by the FAA.
   E.   Appeal
      A party aggrieved by the final decision of the P&Z Board on an application for an Air Park Obstruction permit may appeal the decision to the City Commission in accordance with the procedures and standards in Section 155.2424., Appeal. A judicial appeal to any court may not be permitted in accordance with Chapter 333.11 F.S., "Judicial Review," until the appellant has exhausted all of its remedies through application for local government permits, exceptions and appeals.
   F.   Effect of Approval
      A development order for Air Park Obstruction authorizes the submittal of an application for a Zoning Compliance Permit and any other development permit that may be required before construction or other development approved by the development order.
   G.   Expiration
      An Air Park Obstruction Permit shall automatically expire if a Site Plan or Zoning Compliance Permit, as appropriate, for the development incorporating the obstruction is not obtained within two years after the date of the permit or an extension of this time period as authorized in accordance with the procedures in Section 155.2308.B.2. Extension of Expiration Time Period.
(Ord. 2017-60, passed 7-25-17 ; Am. Ord. 2019-29 , passed 2-26-19 ; Am. Ord. 2019-110 , passed 9-24-19)