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A. Findings and Purpose
The City Commission hereby finds:
a. The city, as owner and operator of the Pompano Beach Air Park, is concerned with the safety and welfare of the traveling public as pilots and passengers of aircraft using runways at the air park;
b. Certain obstructions, whether natural or man-made, that intrude into airspace near runways have the potential to be hazardous to aircraft operations and endanger the lives and property of users of the air park and of occupants of land in the vicinity of the obstruction;
c. Such obstructions effectively reduce the size of the area available for the taking off, maneuvering, or landing of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein;
d. Certain activities and uses of land in the immediate vicinity of airports are not compatible with normal airport operations, and may, if not regulated, also endanger the lives of the participants, adversely affect their health, or otherwise limit the accomplishment of normal activities;
e. The creation or establishment of an air park hazard and the incompatible use of land in airport vicinities are public nuisances and injure the community served by the air park;
f. It is therefore necessary in the interest of the public health, public safety, and general welfare to prevent the creation or establishment of air park hazards and limit land use incompatible with normal air park operations; and
g. The prevention of these hazards, limitation of incompatible land uses, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards should be accomplished, to the extent legally possible, by the exercise of the police power of the city.
It is the purpose of the Air Park Overlay (APO) district to recognize an area adjacent to the runways of the Pompano Beach Air Park in which obstructions and incompatible land uses may pose a hazard to safe Air Park operations and to apply reasonable regulations that prevent such obstructions and limit such incompatible uses and are consistent with F.S. Ch. 333, Airport Zoning, and the standards for civilian airports established by the Federal Aviation Administration (FAA). The standards contained herein reflect the character of the flying operations expected to be conducted at the Pompano Beach Air Park, the nature of the terrain within the Air Park hazard area and runway protection zones, the character of the surrounding neighborhoods, and the impact of any new use, activity, or construction on the Pompano Beach Air Park's operating capability and capacity.
For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
a. Aeronautical study. A Federal Aviation Administration study, conducted in accordance with the standards of 14 C.F.R. part 77, subpart C and Federal Aviation Administration policy and guidance, on the effect of proposed construction or alteration upon the operation of air navigation facilities and the safe and efficient use of navigable airspace.
b. Air Park hazard. An obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities. The term includes use, development or activity which:
i. Has been determined by the FAA to pose a hazard to air navigation;
ii. Creates electrical interference with radio or navigational equipment used by aircraft, the airfield, or the FAA;
iii. Produces smoke, dust, steam, or other airborne substances in such amounts as to impair pilot visibility, mislead pilots, or otherwise interfere with the safe operation of overhead aircraft;
iv. Produces light emissions–either direct or indirect (reflective)–of such intensity and directed in such directions as to impair pilot visibility or otherwise interfere with the safe operation of overhead aircraft;
v. Causes glare which would interfere with airport operations; or
vi. Attracts birds or other wildlife, thereby creating hazards either on the ground or in the air.
c. Air Park hazard area. Any area of land or water upon which an air park hazard might be established.
d. Air Park Master Plan. A comprehensive plan for the Air Park which typically describes current and future plans for Air Park development designed to support existing and future aviation demand.
e. Obstruction. Any existing or proposed object, terrain, or structure construction or alteration that exceeds the federal obstruction standards contained in 14 C.F.R. part 77, subpart C. The term includes:
i. Any object of natural growth or terrain;
ii. Permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus; or
iii. 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.
f. Public use airport. An airport publically or privately owned, licensed by the state, which is open for use by the public.
g. Runway protection zone. An area at ground level beyond the runway end to enhance the safety and protection of people and property on the ground.
h. Structure. Any object constructed, erected, altered, or installed, including, but not limited to. buildings, towers, smokestacks, utility poles, power generation equipment, and overhead transmission lines.
i. Substantial modification. Any repair, reconstruction, rehabilitation, or improvement of a structure when the actual cost of the repair, reconstruction, rehabilitation, or improvement of the structure equals or exceeds 50 percent of the market value of the structure.
The air park zones established below (Primary Zone, Approach Zone, Horizontal Zone, Conical Zone, and Transitional Zone) comprise the Air Park Overlay (APO) district for the Air Park. Although the same zones apply to FXE Airport's airspace, not all of the zones for FXE are within the jurisdiction of Pompano Beach as shown in Figure 155.3707.D. Only a portion of the horizontal and conical zones associated with FXE are subject to potential obstruction permitting by the City of Fort Lauderdale for proposed projects within the City of Pompano Beach.
1. Primary Zone
A Primary Zone is established as a rectangular area longitudinally centered on each air park runway, extending 200 feet beyond each end of the runway (as existing or proposed to be extended in accordance with the Pompano Beach Air Park Master Plan, as updated and amended), and extending outward at a right angle from each side of the centerline for a horizontal distance equal to one-half the Primary Zone width set forth in Table 155.3707.B, Air Park Zone Dimensions, for the particular runway. (See Figure 155.3707.B: Air Park Zones.)
b. Prohibition of Objects Unrelated to Air Park Facilities
Within a Primary Zone, no structure, tree, or other object shall be allowed that is not part of the air park's landing and take-off facilities and is of a greater elevation than the nearest point of the runway centerline.
2. Approach Zone
An Approach Zone is established at each end of each air park runway as a trapezoidal area longitudinally centered on the extended centerline of the runway. The Approach Zone begins with an inner edge adjoining the Primary Zone (and has the same width) and expands uniformly in width to a wider outer edge. The outer edge is located a horizontal distance from the Primary Zone (measured along the extended runway centerline) equal to the Approach Zone length set forth in Table 155.3707.B, Air Park Zone Dimensions, for the particular runway, and extends at right angles to each side of the runway centerline for a horizontal distance equal to one-half the Approach Zone outer width set forth in Table 155.3707.B, Air Park Zone Dimensions, for the particular runway. (See Figure 155.3707.B: Air Park Zones.)
b. Height Limit
Within an Approach Zone, the height limit applicable to any structure, tree, or other object shall be the elevation of the runway at the inner edge of the Approach Zone, and shall increase with horizontal distance outward from the inner edge at the Approach Zone height limit ratio set forth in Table 155.3707.B, Air Park Zone Dimensions, for the particular runway. (See Figure 155.3707.B: Air Park Zones.)
3. Horizontal Zone
A Horizontal Zone is established as a circle- or oval-like area around the air park, the perimeter of which is formed by constructing arcs at the end of each runway that extend from a point at the intersection of the extended runway centerline and the inner edge of the Primary Zone, and connecting the arcs by lines tangent to the arcs. The radius of an arc is set forth in Table 155.3707.B, Air Park Zone Dimensions, for the particular runway. (See Figure 155.3707.B: Air Park Zones.) Where a 5,000-foot arc is encompassed by tangent lines connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded in determining the perimeter of the Horizontal Zone. A portion of the horizontal zone for FXE also lies within the City of Pompano.
b. Height Limit
Within the Horizontal Zone, no structure, tree, or other object may exceed a height limit of 150 feet above the established air park elevation of 19 feet above mean sea level—i.e., may not be higher than an elevation of 169 feet msl. The 150 foot height limit in the Horizontal Zone around FXE also applies to lands within Pompano Beach. The Horizontal Zone height limit of 163 feet msl applies to FXE which has an elevation of 13 feet above mean sea level.
4. Conical Zone
b. Height Limit
Within the Conical Zone, the height limit applicable to any structure, tree, or other object shall be the same as that for the Horizontal Zone (150 feet above the established airport elevation) at the inner perimeter of the Conical Zone, and shall increase outward by one foot vertically for every 20 feet of horizontal distance from the inner perimeter of the Conical Zone (up to 350 feet above the established air park elevation at the outer perimeter of the Conical Zone). (See Figure 155.3707.B: Air Park Zones. The Conical Zone and Horizontal Zone height limits also applies to Figure 155.3707.D FXE Zones.)
5. Transitional Zone
Transitional Zones are established alongside and off the ends of each air park runway as irregular areas extending outward from the sides of the Primary Zones and Approach Zones to a point where the increasing height limit established for the Transitional Zone (See subsection b below.) equals that for the Horizontal Zone. (See Figure 155.3707.B: Air Park Zones.)
b. Height Limit
Within a Transitional Zone, the height limit applicable to any structure, tree, or other object shall be the same as that for the adjoining Primary Zone (runway elevation) or Approach Zone (variable) at the inner perimeter of the Transitional Zone, and shall increase outward by one foot vertically for every seven feet of horizontal distance from the inner perimeter of the Transitional Zone, up until it equals the height limit for the Horizontal Zone (150 feet above the established airport elevation). (See Figure 155.3707.B: Air Park Zones.)