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ORDINANCE NO. 14 - 1979
AN ORDINANCE RELATING TO MONROE COUNTY, FLORIDA ,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE,
(ORDINANCE NO. 1-1973, AS AMENDED) TO PROVIDE FOR
THE CREATION OF A PRIVATE AIRPORT DISTRICT ZONING
CLASSIFICATION. PROVIDING DEFINITIONS OF A PRI-
VATE AIRPORT, RUNWAY AND STRUCTURE; REQUIRING A
MINIMUM LENGTH AND WIDTH FOR LANDING STRIPS, RE-
QUIRING MINIMUM LENGTHS AND WIDTHS FOR LANDING
APPROACH ZONES; PROHIBITING WITHIN OR ADJACENT
TO SAID DISTRICT, THE CONSTRUCTION OR STRUCTURES
AND/OR GROWTH OF TREES WHICH EXCEED CERTAIN PER-
MITTED HEIGHTS, SAID PERMITTED HEIGHTS BEING
BASED UPON A RATIO OF 1 FOOT IN STRUCTURED HEIGHT
BEING ALLOWED FOR EVERY 20 FEET SAID STRUCTURE IS
SITUATED AWAY FROM THE END OF A USABLE RUNWAY;
PROHIBITING USES WITHIN OR ADJACENT TO SAID DIS-
TRICT WHICH WOULD CREATE AVIATION HAZARDS BY
REASONS OF EMISSION OF SMOKE, GAS, DUST, OR THE
CREATION OF ELECTRICAL INTERFERENCE OR GLARE OR
USE OF LIGHTS WHICH COULD CAUSE PIOLETS TO MISS
RUNWAY LOCATION. PROVIDING FOR RETROACTIVE EF-
FECT OF SAID PROVISIONS TO EXISTING PRIVATE AIR-
PORTS BUT PROVIDING FOR GRANDFATHERING OF EXIST-
ING STRUCTURES AND/OR NON-CONFORMING USES; PRO-
HIBITING THE OPERATION OF PRIVATE HELICOPTERS ON
RESIDENTIAL PROPERTIES; PROVIDING FOR PENALTY
FOR VIOLATION AND FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA as follows :
Section 1. That Article XVI be and the same is hereby added
to Monroe County Ordinance No. 1-1973, as amended, to read as
follows :
ARTICLE XVI
PA - PRIVATE AIRPORT DISTRICT
This District is intended to provide a classification of
property where the private airport may be established . The
provisions of this Article shall apply to all presently
existing private airports in Monroe County, as well as to all
private airports which may be established in Monroe County here-
after . A11 requests for PA classifications hereunder shall be
deemed major Development Projects and shall be processed accordingly.
The Zoning Director shall not give zoning approval for any
building permits for any structure to be located within or ad-
APPROVED ON .5:-)1 ~-
BOOK _ PAGE 0
130
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jacent to any private airport area which when built, said struc-
ture would constitute a violation of the protective provisions
of this Article.
Section 1. Definitions.
1.1 "Private airport" means an airport used primarily
by the licensee but available for use by invitation of licensee.
Limited service may be provided if authorized by the Zoning De-
partment.
1.2 "Runway" means the paved or unpaved surface of an
airport landing strip.
1.3 "Structure" means an object constructed or installed
by man, including, but without being limited to, buildings, derricks,
draglines, cranes and other boom - equipped machinery, towers,
signs, smokestacks, utility poles or overhead transmission lines.
1.4 "Helicopter" means a powered rotorhead vehicle that
can hover. All other aircraft shall utilize airports.
Section 2. Landinq Strip Lengths & Widths.
2.1 Effective landing length shall be no less than
1800 feet.
2.2 Primary surface width shall be 100 feet.
2.3 Usable width shall be no more than 50 feet.
Section 3. Landing Approach Zones.
3.1 The landing approach zone for private airports is
a trapezoidal area increasing gradually in width from 50 feet
elther side of the runway centerline, at the ends of each usable
runway, to a width of 350 feet either side of the runway center-
line at a distance of 3000 feet outward from the ends of each
runway.
(See Chart Below)
3.2 Approach zones shall be clear of obstructions above
a glide path of 20:1 from the ends of each usable runway. When
the approach zone to any runway crosses a road, the glide path
must pass at least 15 feet above the edge of the nearest traffic
lane.
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Section 4.
Prohibited Uses.
4.1 Within or adjacent to this District, no establish-
ments or uses that emit smoke, gas or dust in quantities or den-
sities sufficient to jeopardize the safe use of private airports
shall be allowed.
Section 5. Nonconforming Uses.
5.1 One purpose of these regulations is to insure the con-
tinued use of existing private airports.
Under the provisions of
the Monroe County Zoning Ordinance, should there be conflict between
the rights of the existing airports and surrounding properties, the
rights of the existing airports shall take precedence. The Zoning
Board and/or County Commission may grant variances to any surrounding
property owner so that reasonable use of the surrounding property may
be had without interfering with the operation of the private airport.
The provisions of this Article shall not be construed
to require the removal, lowering or other change or alternation of
any structure or tree or use lawfully in existence not conforming
to the regulations as of the effective date hereof. After the
effective date hereof, property owners shall not be permitted to
grow or maintain trees to heights in excess of those provided herein.
Nothing h.?rein contained sha 11 require any change in the construction,
alteration, or intended use of any existing structure, the construc-
tion or alteration of which was lawfully begun prior to the effec-
tive date of these articles.
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On any new proposed private airports, the rights of the
surrounding property owners shall take precedence. All regulations
involving private airports, such as runway lengths, etc. shall be
predicated on the priority rights of surrounding properties.
Section 6. Private Helicopters.
Private helicopters, after meeting all the following re-
quirements, and after receiving Zoning Board approval, may receive a
1 year permit to operate same from any Zoning District and said
permit shall be renewable by the Zoning Director if he deems
appropriate - otherwise the same will require approval of the Zoning
Board.
1. A corridor of 360 degrees from the landing spot shall
be established, with a radius of 500 feet, in which there shall be
no residential use, except for the applicant.
2. Any obstruction within the corridor shall be lower than
an approach slope of a 5 horizontal to 1 verticle ratio.
3. The center landing spot shall be marked as designated
by FAA regulations. All landings shall be accomplished to the center
landing spot.
4. All distances and heights shall be based on ground level.
5. All helicopters may land at any airport subject to FAA
and local airport regulations.
None of the above regulations shall apply to medical or emer-
gency evacuation.
Special medical evacuation locations may be granted by the
Zoning Boa:rd without meeting the above requirements, as may be judged
to be in the public interest.
Section 7. Penalties & Enforcement.
Each violation of this ARTICLE or any regulation, order,
or. ruling promulgated hereunder shall be punishable as provided by
paragraph 4.3 of ARTICLE VI.
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Section 8. That paragraph 1.5 of Section 1 of ARTICLE VIII
of Monroe County Ordinance No. 1-1973, as amended be and the same
is hereby added to read as follows:
"1.5 Airport.
PA - Private Airport District"
Section 9. This Ordinance shall take effect upon receipt
of the official acknowledgment from the Department of State acknow-
ledging receipt of certified copy of this Ordinance and that said
Ordinance has been filed in said office by the Department of
Administration, Division of State Planning pursuant to the require-
ments of Florida Statutes, Section 380.05 and Florida Statutes,
Chapter 120.
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A..I. ClIUIl tl Jl ttorney
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NOTICE OF REGULATION OF LAND USE
The Board of County Commissioners of Monroe county, Florida,
proposes to regulate the use of land within the area shown on the
map in this advertisement by adoption of the following amendatory
ordinance entitled as follows:
ORDINANCE NO.
- 1979
AN ORDINANCE RELATING TO MONROE COUNTY, FLORIDA,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE
(ORDINANCE NO. 1-1973, AS AMENDED) TO PROVIDE
FOR THE CREATION OF A PRIVATE AIRPORT DISTRICT
ZONING CLASSIFICATION. PROVIDING DEFINITIONS OF
A PRIVATE AIRPORT, RUNWAY AND STRUCTURE; REQUIRING
A MINIMUM LENGTH AND WIDTH FOR LANDING STRIPS, RE-
QUIRING MINIMUM LENGTH AND WIDTH FOR LANDING AP-
PROACH ZONES, PROHIBITING WITHIN OR ADJACENT TO
SAID DISTRICT THE CONSTRUCTION OF STRUCTURES AND/
OR GROWTH OF TREES WHICH EXCEED CERTAIN PERMITTED
HEIGHTS, SAID PERMITTED HEIGHTS BEING BASED UPON
A RATIO OF ONE FOOT IN STRUCTURED HEIGHT BEING
ALLOWED FOR EVERY 20 FEET SAID STRUCTURE IS SITU-
ATED AWAY FROM THE END OF A USABLE RUNWAY; PROHI-
BITING USES WITHIN OR ADJACENT TO SAID DISTRICT
WHICH WOULD CREATE AVIATION HAZARDS BY REASON OF
EMISSION OF SMOKE, GAS DUST, OR THE CREATION OF
ELECTRICAL INTERFERENCE OR GLARE OR USE OF LIGHTS
WHICH COULD CAUSE PILOTS TO MISS RUNWAY LOCATIONS;
PROVIDING FOR RETROACTIVE EFFECT OF SAID PROVI-
SIONS TO EXISTING PRIVATE AIRPORTS BUT PROVIDING
FOR GRANDFATHERING OF EXISTING STRUCTURES AND/OR
NON-CONFORMING USES; PROHIBITING THE OPERATION OF
PRIVATE HELICOPTERS ON RESIDENTIAL PROPERTIES;
PROVIDING FOR PENALTY FOR VIOLATION AND FOR AN
EFFECTIVE DATE.
Publ.ic hearings on the proposal will be held at 5:30 P.M.
on Tuesday', May 8, 1979 at the Marathon Branch Courthouse and the
final public hearing at 5:30 P.M., Tuesday, May 22, 1979 at the
Monroe County Courthouse Annex, 500 Whitehead Street, Key West,
Florida.
Publish: April 24, 1979
M1lY 1, 1979
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RALPHW. WHITE
aerie of the Circuit Court
and ex officio aerk 10 the
Boord of County ConimissiDllefS
of Monroe County. Florida
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Dated:
April 9, 1979
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Publish:
April 24, 1979
May 1, 1979
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P.O. Box
#1617
OFFIc.'E OF; RICHARD G. PAYNE, ESQ. . "..:?T>
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Assistant County Attorney-...~.. -~.
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OK~~r:~R~~~gE
(305) 294.4641
April 9, 1979
Key West, Citizen
Legal Ad Department
515 Greene Street
Key West, Florida 33040
BOARD Of COUNTY COMMISSIONERS
DON SCHLOESSER, Chairman
RICHARD A. KERR, Vice.Chairman
JERRY HERNANDEZ, JR.
PURIE HOWANITZ
JEROME SHIPLEY
a
.,
INSTRUCTIONS FOR PUBLICATION:
Pursuant to Florida Statutes 125.66 (5) (b) 2,
the advertisements shall be no less than 1/4
page in a standard size newspaper and the head-
line in the advertisement shall be in a type no
smaller than 18 point. The advertisements shall
not be placed in that portion of the newspaper
where legal notices and classified advertisements
appear.
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~~.cr.ctarg of ~tate
STATE OF' FLORIDA
THE CAPITOL
TALLAHASSEE 32304
GEORGE FIRESTONE
SECRETARY OF" STATE
BETTY CASTOR
Director, Division of Elections
904/488-7690
June 18, 1979
Honorable Ralph W. White
Clerk of Circuit Court
r'lonroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Virginia Pinder, Deputy Clerk
Dear I'lr. Whi te :
,Putsuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge;
v~
Receipt of your letter/s of
and certified copy/ies of
County Ordinance/s No./s
<; 14
We have filed this/these Ordinance/s in this office
June 15, 1979
June 13, 1979
r'ionroe
7Q-10 7Q-11, 79-12 _
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Receipt of an original/s and certified copy/ies of
County Ordinance/s No./s
4.
Receipt of
relative to
County Ordinance/s
5. We have numbered this/these Ordinance/s
and was/were filed
in this office 1979.
6. The original/duplicate copy/ies showing filing date
is/are being returned for your records.
NK/mb
Cordially,
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