The proposed Orlando City Code/Land Development Code Amendment implements updates to Chapters 5, 58, 65, and 66 in order to ensure compliance with Chapter 333, Florida Statutes. Chapter 333, which is related to airport zoning, was amended during the 2016 legislative session, requiring local governments to update their airport zoning regulations to conform with the requirements of Chapter 333 by July 1, 2017. Chapter 333 requires that the LDC 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 landfill provisions are very minor, while the tall structure permit concept represents the most significant change component of the proposed LDC amendments. 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. On June 19, 2017, the Orlando City Council approved the Interlocal Agreement and the Greater Orlando Aviation Authority approved the same agreement on June 21, 2017. It is anticipated that Orange County, Seminole County, Osceola County, Winter Park, Oviedo, Belle Isle, and Kissimmee will approve the Interlocal Agreement and subsequently amend their land development regulations over the next few months.
The Municipal Planning Board considered the draft airport zoning LDC revisions at their meeting of April 19, 2017 (LDC2017-00091). City Council approved the ordinance on 1st Reading on July 24, 2017. Following adoption, the ordinance and associated Interlocal Agreement will be transmitted to the Florida Department of Transportation in accordance with Chapter 333, Florida Statutes.