§ 33-296. Permits.  


Latest version.
  • Within the land area regulated by this article, before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed or substantially altered or repaired, and before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the Department or applicable municipal department. Except as provided herein, applications for permits shall be granted, provided the matter as applied for meets the provisions of this article.

    (a)

    New uses. No material change shall be made in the use of land, and no structure shall be erected, altered, or otherwise established, in the Airport Land Use Restriction Area or Airport Height Zones, unless a permit has been applied for and granted by the Department or applicable municipal department. No tree shall be planted within the transitional surface zones, within 3,000 feet from the ends of the runways, unless a permit has been applied for and granted by the Department or applicable municipal department. Each such application shall indicate the purpose for which the permit is desired, with sufficient particularity to permit the Department or applicable municipal department to determine whether the resulting use, structure, or tree would conform to this chapter. If such determination is in the affirmative, the permit applied for shall be granted. If such determination is in the negative, the permit applied for shall be denied.

    (b)

    Existing uses. Before any existing use, structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, in the Airport Land Use Restriction Area or Airport Height Zones, a permit must be secured from the Department or applicable municipal department, authorizing such replacement, change or repairs. No such permit shall be granted that would allow the establishment or creation of any airport hazard or permit a nonconforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation, than it was on March 31, 1968 or than it was when the application for a permit is made.

    (c)

    Nonconforming uses. Notwithstanding any other provisions in this chapter or municipal regulations to the contrary, whenever the Department or applicable municipal department determines that a nonconforming structure or tree has been abandoned or is more than eighty (80) percent torn down, destroyed, deteriorated or decayed:

    (1)

    No permit shall be granted that would allow said structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations; and

    (2)

    Whether application is made for a permit under this subsection or not, the said department may, by appropriate action, compel the owner of the nonconforming structure or tree, at his own expense, to lower, remove, reconstruct, or equip such object as may be necessary to conform to the regulations. If the owner of the nonconforming structure or tree shall neglect or refuse to comply with such order for 10 days after notice thereof, the said department may report the violation to the political subdivision involved therein, which subdivision, through its appropriate department, may proceed to have the object lowered, removed, reconstructed, or equipped and assess the cost and expense thereof upon the object or the land, whereon it is or was located, and unless such an assessment is paid within 90 days from the service of the notice thereof on the owner or his agent of such object or land, the sum shall be a lien on said land, and shall bear interest thereafter at the rate of 6 percent per annum until paid, and shall be collected in the same manner as taxes on real property are collected by said political subdivision, said lien may be enforced in the manner provided for enforcement of liens by Chapter 86, Florida Statutes.

    (d)

    Courtesy notice to HARB. Courtesy notice of permit applications for new residential and non-residential land uses within the Airport Land Use Restriction Area should be forwarded by the Department to HARB. Failure to provide the courtesy notice does not affect the validity of any permit issued in response to such application.

(Ord. No. 68-33, § 1, 5-21-68; Ord. No. 17-06, § 2, 1-24-17)