Chapter 333, Florida Statues, which is related to airport zoning, was amended during the 2016 legislative session. The amended statute requires that local governments update their airport zoning regulations to conform with the requirements of Chapter 333 by July 1, 2017. Chapter 333 requires that the Land Development Code of each local government with an airport address the following four (4) subject areas: 1) Aircraft Noise; 2) Education Facilities; 3) Sanitary Landfills; and 4) Tall Structure Permits. In reviewing Chapter 333, staff determined that the City's LDC is consistent with the statute in regards to aircraft noise and educational facilities, but that changes would be required to comply with the provisions related to sanitary landfills and tall structure permits. The sanitary landfills provisions are minor and are not the subject of this Interlocal Agreement.
The Tall Structure Permit concept represents the most significant change component of the required amendments to the Land Development Code. Essentially, the State is requiring that local governments issue a permit for tall structures that impact an airport's imaginary airspace surfaces in such a way as to cause an obstruction. They are shifting responsibility for such permits from the Florida Department of Transportation to local government.
Chapter 333 allows jurisdictions impacted by an airport's imaginary airspace surfaces to enter into an Interlocal Agreement so long as each jurisdiction's regulations contain substantially the same content. For the past several months, the City, Orange County, and the Greater Orlando Aviation Authority (GOAA) have been working together on a revised set of regulations associated with the tall structure permit process. In addition, this Interlocal Agreement includes all of the jurisdictions that may be impacted by the Orlando International Airport and/or Orlando Executive Airport's imaginary surfaces.
This Interlocal Agreement contains a set of regulations for tall structure permits, along with maps depicting the airports' imaginary surfaces. Once the Interlocal Agreement is approved, each jurisdiction will then amend their individual Land Development Codes to contain substantially the same content as provided for in Exhibit "1" of the Agreement. It is understood that the form of each jurisdiction's revised Land Development Code will be different.
The Municipal Planning Board considered the draft airport zoning Land Development Code revisions at their meeting of April 19, 2017. It is anticipated that the GOAA Board will approve the Interlocal Agreement at their meeting of June 21, 2017. Finally, it is anticipated that the City's Land Development Code amendment ordinance related to airport zoning regulations will be considered by the City Council on July 10 and July 24, 2017.