§ 142-36. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Cross references to F.S. ch. 333 Zoning, are provided where applicable:

Aeronautical study means 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. (F.S. § 333.01)

Airport means any area of land or water designed and set aside for the landing and taking off of aircraft and used or to be used in the interest of the public for such purpose (F.S. § 333.01). Specific to this chapter, airport means the St. Pete-Clearwater International Airport.

Airport elevation means the established elevation of the highest point on the usable landing area, as measured in feet above mean sea level.

Airport hazard means 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 and for which no person has previously obtained a permit or variance.

Airport land use compatibility zoning means airport zoning regulations governing the use of land on, adjacent to, or in the immediate vicinity of airports. (F.S. § 333.01)

Airport layout plan means a set of scaled drawings that provide a graphic representation of the existing and future development plan for the airport and demonstrate the preservation and continuity of safety, utility, and efficiency of the airport.

Airport master plan means a comprehensive plan of an airport which typically describes current and future plans for airport development designed to support existing and future aviation demand. (F.S. § 333.01)

Airport protection zoning regulations means airport zoning regulations governing airport hazards. (F.S. § 333.01)

Airport reference point means the point established as the approximate geographic center of the airport landing area and so designated.

Avigation easement means a covenant running with the land in which the property owner grants to the county the right to use the airspace above the owner's property and to create noise normally associated with aircraft operation without liability.

Board of adjustment and appeals means a board consisting of seven members of the appointed in accordance with the terms of chapter 138, to hear and decide upon variances.

CFR is the Code of Federal Regulations.

Clearance determination is a determination based upon the standards herein, made by the airport director or designee in conjunction with development review services prior to the issuance of any development or use authorization, that the proposed development or use would not intrude into any airport zone as defined within this regulation. Local clearance determinations shall be based upon FAA Determinations which are issued following an FAA Obstruction Evaluation for one or more natural or manmade objects.

Day-night average sound level (DNL) is the cumulative average sound levels in decibels (dB) over a 24-hour period, and symbolized L(dn), as measured in accordance with FAR Part 150 and FAA Orders #1050.ID and #5050.4A.

Development review committee means the reviewing body as defined in section 138-64 of this Code.

Educational facility means any structure, land, or use that includes a public or private kindergarten through 12th grade school, charter school, magnet school, college campus, or university campus. The term does not include space used for educational purposes within a multi-tenant building.

FAA is the Federal Aviation Administration, a division of the U.S. Department of Transportation.

FAR is the Federal Aviation Regulations, Title 14, Code of Federal Regulations. FAR Part 77 is entitled "Objects Affecting Navigable Airspace." FAR Part 150 is entitled "Airport Noise Compatibility Planning."

Height. For the purpose of determining the height limits in all zones set forth in this article and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

Landing area means the area of the airport used for the landing, takeoff or taxiing of aircraft.

Nonconforming use means any structure, tree, or use of land which is lawfully in existence at the time the regulation is prescribed or an amendment thereto becomes effective and does not then meet the requirements of such regulation.

Obstruction means any existing or proposed manmade object or object of natural growth or terrain that violates the standards contained in 14 C.F.R. part 77, subpart C. The term includes:

(a)

Any object of natural growth or terrain.

(b)

Permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus.

(c)

Alteration of any permanent or temporary existing structure by a change in the structure's height, including appurtenances, lateral dimensions, and equipment of materials used in the structure.

Person means any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.

Runway means the paved surface of an airport landing strip.

Structure means any object, constructed or installed by man, including, but without limitation thereof, buildings, towers, smokestacks, utility poles and overhead transmission lines.

Substantial modification means 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.

TERPS means United States Standard for Terminal Instrument Procedures for arriving and departing aircraft as established by the Federal Aviation Administration.

Tree includes any plant of the vegetable kingdom.

(Ord. No. 18-36 , § 3(Att. C), 10-23-18)