§ 33-332. Definitions.

For purposes of this article, the following definitions shall apply:

(1)

Airport means Miami International Airport (Wilcox Field), including those lands owned by Miami-Dade County generally from NW 12 to 36 Street, between NW 42 Avenue (LeJeune Road) to the Palmetto Expressway (SR 826).

(2)

Airport elevation means the established elevation of the highest point on the usable landing area. The airport elevation for Miami International Airport (Wilcox Field) is ten (10.0) feet, mean sea level.

(3)

Airport hazard means any structure, obstruction, tree or use of land which exceeds the federal obstruction standards contained in 14 C.F.R. sections 77.21, 77.23, 77.25, 77.28 and 77.29, or which obstructs the airspace required for the flight of aircraft in taking off, maneuvering, or landing, or which is otherwise hazardous to taking off, maneuvering, or landing of aircraft.

(3.1)

Aviation-related school shall mean any educational facility whose greater portion of curriculum is in the education or training in the science and art of flight and airports, including, but not limited to: the operation and construction of aircraft, aircraft power plants and accessories, including the repair, packing and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair or maintenance of airports or other air navigation facilities; and instruction in flying or subjects pertaining thereto.

(3.2)

Educational facilities shall mean both those facilities as defined by Chapter 1013, Florida Statutes, as amended, including, but not limited to, traditional public schools and charter schools, and also private schools, as defined by the Code of Miami-Dade County. It is provided, however, that for purposes of this article, educational facilities shall not include "baby-sitting services for shoppers" or "family day care homes," or, in the CA-B and CA-C sub-zones as defined in this article, day nurseries and after-school care, as those terms are defined in Section 33-151.11 of the Code, or day nurseries serving the workers in a lawful commercial or industrial use, when fully contained in the structure accommodating such commercial or industrial use.

(3.3)

Hazard to Air Navigation means an object which will have substantial adverse effect upon the safe and efficient use of navigable airspace by aircraft, operation of air navigation facilities, or existing or potential airport capacity.

(4)

Height shall mean the maximum vertical distance Above Mean Sea Level (AMSL) to the highest point of the structure or tree.

(5)

Instrument runway means a runway equipped or to be equipped with electronic or visual air navigation aids adequate to permit the landing or takeoff of aircraft under restricted visibility conditions. The instrument runways at Miami International Airport are designated as Runways 8R/26L, 9/27 and 12/30. Their centerlines are described as follows:

(a)

Runway 8R/26L: Commending at the SE corner of the NW ¼ of Section 29, Township 53 South, Range 41 East, Miami-Dade County, Florida; thence N 1° 43′ 33.8″ W a distance of 459.03 feet; thence S 87° 04′ 03″ W a distance of 1685.80 feet to the east end of the runway and the point of beginning; thence S 87° 04′ 03″ W a distance of 10,502 feet to the west end of the runway.

(b)

Runway 9/27: Commencing at the SE corner of the NW ¼ of Section 31, Township 53 South, Range 41 East, Miami-Dade County, Florida; thence S 87° 20′ 34.4″ W a distance of 920.11 feet; thence N 10° 42′ 02″ W a distance of 670.40 feet; thence S 87° 04′ 03″ W a distance of 10,310 feet to the west end of the runway and the point of beginning; thence N 87° 04′ 03″ E a distance of 13,000 feet to the east end of the runway.

(c)

Runway 12/30: Commencing at the SE corner of the NW ¼ of Section 31, Township 53 South, Range 41 East, Miami-Dade County, Florida; thence N 69° 45′ 53″ E a distance of 986.62 feet to the southeasterly end of the runway and the point of beginning; thence N 60° 51′ 27″ W a distance of 9,355 feet to the northwesterly end of the runway.

(6)

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

(7)

Nonconforming use means any structure, tree or use of land lawfully in existence on the effective date hereof which does not conform to a regulation prescribed in this article or any amendment thereto, as of the effective date of such regulations.

(7.1)

Non-instrument runway means a runway other than an instrument runway. The non-instrument runway at Miami International Airport is designated as Runway 8L/26R. Its centerline is described as follows:

(a)

Runway 8L/26R: Commencing at the Northwest corner of Section 25, Township 53 South, Range 40 East, Miami-Dade County, Florida; thence southward along the west line of said Section 25 a distance of 3245.23 feet; thence N 87° 22' 38" E a distance of 1138.87 feet to the west end of the runway and the point of beginning; thence N 87° 22' 44" E a distance of 8,600 feet to the east end of the runway.

(7.2)

Obstruction means any structure, growth, or other object including a mobile object, which exceeds the height limitation as set forth in this article.

(8)

Person means an individual, firm, copartnership, corporation, company, association, joint stock association, any trustee, receiver, assignee, administrator, executor, governmental agency or body politic, and includes any trustee, receiver, assignee, administrator, executor, guardian or other similar representative thereof.

(9)

Precision approach surface means an inclined imaginary surface centered on the extended centerline of a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR) or centered on the extended centerline of a runway for which such a precision approach system is planned and so indicated on an airport layout plan or on any other airport planning document. For the purposes of this article a precision approach surface is hereby established for each end of each runway. The positioning, extent and configuration for a precision approach surface shall be the same as hereinafter described for an IA or Instrument Approach District.

(10)

Runway means the defined area on an airport prepared for landing and take-off of aircraft along its length.

(11)

Primary surface, sometimes hereinafter called "landing district," means a surface longitudinally centered on a runway and extending two hundred (200) feet beyond each end of that runway. The elevation of any point on a primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface for instrument runways is one thousand (1,000) feet. The width of the primary surface for non-instrument runways is five hundred (500) feet.

(12)

Structure means an object constructed, installed, or transported by man, including, but without being limited to, buildings,, flagpoles, lightning rods, parapets, antennas, spires, cell towers, roof-mounted equipment or appurtenances, derricks, draglines, cranes and other boom-equipped machinery, towers, signs, smokestacks, utility poles, or overhead transmission lines, whether temporary or permanent.

(13)

Tree means trees or other flora, whether naturally occurring or placed by man or machine, whether temporary or permanent.

(14)

All Objects AMSL Review Boundary shall be defined by constructing 2000 foot radius arcs from the centerline of each runway end and connecting the outermost arcs with tangent lines. This boundary shall encircle the airport.

(15)

35 foot AMSL Review Boundary shall be defined by connecting the 200 foot AMSL height limits contained in the various airport height zoning districts established within this article. This boundary shall encircle the airport.

(16)

200 foot AMSL or greater review area shall be defined by all areas beyond the 35 foot AMSL Review Boundary and lying within the airport zoning area defined in Section 33-333 of this article.

(17)

Development Permit is any building permit, zoning permit or approval, subdivision approval, rezoning, certification, special exception, variance, or any other official action of the County or any municipality having the effect of permitting the development, alteration, use or occupancy; or change of use or occupancy, of any land or structure.

(Ord. No. 69-39, § 3, 7-9-69; Ord. No. 78-78, § 1, 11-7-78; Ord. No. 86-83, § 1, 10-28-86; Ord. No. 04-203, § 3, 11-30-04; Ord. No. 05-187, § 1, 10-18-05; Ord. No. 07-92, § 2, 7-10-07)