§ 33-336. Establishment of airport land use zoning map, criteria and use restrictions for Miami International Airport and surrounding zones and sub-zones.

The Board of County Commissioners hereby adopts, approves and ratifies the map "Airport Land Use Zoning Map for Miami International Airport and Surrounding Area," as prepared by the Miami-Dade Aviation Department MDAD, dated July 19, 2004, reflecting the location and identifying Miami International Airport and other topographic data pertinent thereto depicting the boundaries of the airport zoning area and the land use zones and sub-zones. Such map establishes the boundaries of the airport zoning area, land use zones and sub-zones, and the prohibitions, restrictions and limitations on uses permitted thereon. The above defined map, which is on file in the Miami-Dade County Department of Planning and Zoning, shall be an official land use zoning map for the Miami International Airport and surrounding area, shall evidence the boundaries of the zones and sub-zones depicted thereon, and shall be applicable to and controlling of zoning for such land use zones and sub-zones.

(A)

For the purpose of this article all of the land use zoning criteria for Miami International Airport, and surrounding area, as the same is created established and described hereinbefore, is hereby divided into zones as follows:

(1)

Inner Safety Zone (ISZ), also referred to as the Runway Protection Zone (RPZ). For Miami International Airport, the ISZ is defined as an area which is centered about the extended runway centerline and begins 200 feet beyond the end of the area usable for take-off or landing. The ISZ dimension for Runways 12/30, 9R/27L, 9L/27R and 8/26 begin at a width of 1,000 feet and extends 2,500 feet to a width of 1,750 feet. The ISZ dimension for Runways 8/26 begin at a width of five hundred (500) feet and extends one thousand seven hundred (1,700) feet to a width of one thousand ten (1,010) feet.

(2)

Outer Safety Zone (OSZ). The OSZ is described as an area that extends outward from the ISZ to a point that is five thousand (5,000) feet from the runway end. The OSZ dimensions for Runways 12/30, 9R/27L and 9L/27R begin at a width of 1,750 feet and extend outward 2,300 feet to a width at 2,440 feet. The OSZ dimensions for Runways 8/26 begin at a width of one thousand ten (1,010) feet and extend outward three thousand one hundred (3,100) feet to a width at one thousand nine hundred forty (1,940) feet.

(3)

Inner Land Use Zone (ILZ). An ILZ for Miami International Airport is considered to be within the 75 decibel and greater Day Night Noise Level (DNL) Noise Contour which depicts concentrations of aircraft noise around an airport based on day night noise levels averaged over a year. The ILZ is depicted on the Airport Land Use Zoning Map for Miami International Airport and Surrounding Area defined herein.

(4)

Outer Land Use Zone (OLZ). The OLZ for Miami International Airport is within the 65 to 74 decibel Day Night Noise Level (DNL) Noise Contour, which depicts concentrations of aircraft noise around an airport based on day night noise levels averaged over a year. The OLZ is depicted on the Airport Land Use Zoning Map for Miami International Airport and Surrounding Area defined herein.

(5)

Critical Area Approach Zone (CA). A CA for each runway at Miami International Airport covers an area that extends five (5) statute miles from the end of a runway in a direct line along the extended centerline of the runway, and has a width measuring one-half (½) the length of the longest runway at Miami International Airport. The CA for each runway consist of a CA-A, a CA-B and a CA-C sub-zone. The CA-A is the area closest to the runway and extends out two (2) miles from the end of the runway; the CA-B extends out the next one-and-one-half miles from the end of the CA-A; and the CA-C extends out the remaining one-and-one-half miles from the end of the CA-B. The CA is depicted on the Airport Land Use Zoning Map for Miami International Airport and Surrounding Area.

(B)

No land, body of water or structure shall be used, or permitted to be used and no structures shall be hereafter erected, constructed, moved or reconstructed, structurally altered or maintained for any purpose in the Miami International Airport (Wilcox Field) Zoning Area, which is designed, arranged, or intended to be used or occupied for any purpose otherwise permitted in the underlying zoning district, except in compliance with the following restrictions, limitations and prohibitions:

(1)

Inner Safety Zone (ISZ). New residential construction, educational facilities (excluding aviation related schools), and buildings for public assembly in excess of 1000 persons are prohibited within this land use zone. It is provided, however, that the prohibition on buildings for public assembly shall not apply to hotels or motels and their ancillary uses. Additionally, the prohibition on buildings for public assembly as provided herein shall not apply to structures used in connection with public transportation. In no event shall this prohibition be varied.

(2)

Outer Safety Zone (OSZ). New residential construction, educational facilities (excluding aviation related schools), and buildings for public assembly in excess of 1000 persons are prohibited within this zone. It is provided, however, that the prohibition on buildings for public assembly shall not apply to hotels or motels and their ancillary uses. Additionally, the prohibition on buildings for public assembly as provided herein shall not apply to structures used in connection with public transportation. There shall be no variance pertaining to the residential and educational uses prohibited herein nor any variance permitting a use for public assembly other than as permitted in this Section 33-336.

(3)

Inner Land Use Zone (ILZ). New residential construction and educational facilities (excluding aviation related schools) are prohibited within this zone. In no event shall this prohibition be varied.

(4)

Outer Land Use Zone (OLZ). New residential construction constructed after the effective date of this ordinance and educational facilities (excluding aviation related schools) within this land use zone are only permitted where not otherwise prohibited and where a minimum of 25 decibel (db) Noise Level Reduction (NLR) materials are incorporated in the design and construction of the structure.

(5)

Critical Area Approach Zone (CA). Educational facilities in the CA (excluding aviation related schools) are subject to the following prohibitions, restrictions and limitations. Exceptions listed in this paragraph shall be applicable to all sub-zones, except when particular sub-zones are expressly indicated.

Nothing in this subsection shall be construed to require the removal, alteration, sound conditioning, or other change, or to interfere with the continued use or adjacent expansion of any educational structure or site in existence on July 1, 1993, or be construed to prohibit the construction of any new structure for which a site has been determined as provided in former Section 235.19, Florida Statutes, as of July 1, 1993. It is provided, however, that applicants for new structures or modifications to existing structures shall be subject to all other zoning regulations in this Code applicable to charter schools and private schools.

A new public educational facility site proposed or selected after the effective date of this ordinance (February 24, 2005), when located partially within the CA-B or CA-C sub-zone, shall not be subject to the requirements of this subsection, where no more than 49% of the site is within the CA and no portion of the site within the CA is designated or will be used for classroom space.

The requirements of this subsection shall not apply to replacement or modification of an existing public educational facility where there is no increase in the total number of student stations authorized for such facility as of the effective date of this ordinance (February 24, 2005) and there is no expansion of the site.

CA-A. No new educational facilities (except aviation related schools and except as provided above) are permitted in the CA-A sub-zone. In no event shall this prohibition be varied.

Educational facilities existing as of the effective date of this ordinance (February 24, 2005), except as otherwise provided in this section, shall be permitted to expand, upon demonstration that the requirements and standards established in Section 33-337(A), the underlying applicable zoning district standards, and all other standards in this Chapter have been met. In no event shall this provision be varied.

CA-B. Except as otherwise provided in this section, establishment of an educational facility is permitted in the CA-B sub-zone, after public hearing upon demonstration that the requirements and standards established in Section 33-337(A), the underlying applicable zoning district standards, and all other standards in this Chapter applicable to educational facilities have been met. Expansions and modifications of an educational facility shall be permitted in the CA-B sub-zone, upon application for building permit pursuant to Section 33-340 of this Code, when otherwise in compliance with the zoning regulations, including all prior zoning approvals, where any of the following is proposed:

(i)

any on-site expansion or modification of non-occupied space, including, but not limited to, bus drop-offs, parking lots, and playing field improvements;

(ii)

any on-site expansion or modification of non-classroom occupied space, up to 40% above the square footage of the educational facility as of the effective date of this ordinance (February 24, 2005); or

(iii)

any on-site expansion or modification of classroom space, up to 40% above the number of student stations at a traditional public educational facility authorized as of the effective date of this ordinance (February 24, 2005), or in the case of private and charter educational facilities, the number of students lawfully authorized for the facility as of the effective date of this ordinance (February 24, 2005) by zoning action or building permit, whichever is less restrictive.

Any applicant for a building permit pursuant to the foregoing shall certify that the proposed expansion or modification, together with all prior expansions or modifications after the effective date of this ordinance (February 24, 2005), does not exceed the limitations prescribed, and with such certification shall provide a listing of all building permits issued after such date authorizing expansions or modifications.

All other applications for expansions or modifications of an educational facility in the CA-B sub-zone shall be permitted upon demonstration that the requirements and standards established in Section 33-337(B)(2), (3) and (4) have been met.

A new traditional public educational facility proposed in this sub-zone for the sole purpose of relieving overcrowding at an existing traditional public educational facility shall be deemed an expansion and subject to the requirements and standards of Section 33-337(B)(2), (3), and (4), where the School Board has provided assurances by interlocal agreement that:

(i)

the existing public educational facility is at or exceeds 115% of the Florida Inventory of School Houses capacity, as of the effective date of this ordinance (February 24, 2005), and that the existing and new educational facilities shall not cumulatively provide for a greater number of students than enrolled in the existing educational facility as of the effective date of this ordinance (February 24, 2005);

(ii)

the new reliever public educational facility will provide for a number of students equal to or fewer than the reduction of the number of students at the existing educational facility, and

(iii)

the new reliever school will be located in a sub-zone no more restrictive than the sub-zone of the existing educational facility.

Any facility not in compliance with the foregoing shall be deemed a new school subject to the requirements of the sub-zone for which it is proposed.

CA-C. Except as otherwise provided in this section, establishment of an educational facility is permitted in the CA-C sub-zone, when in compliance with the requirements of Section 33-337(B), the underlying applicable zoning district standards, and all other standards in this Chapter applicable to educational facilities. Expansions and modifications of an educational facility shall be permitted in the CA-C sub-zone, upon application for building permit pursuant to Section 33-340 of this Code, when otherwise in compliance with the zoning regulations, including all prior zoning approvals, where any of the following is proposed:

(i)

any on-site expansion or modification of non-occupied space, including, but not limited to, bus drop-offs, parking lots, and playing field improvements;

(ii)

any on-site expansion or modification of non-classroom occupied space, up to 40% above the square footage of the educational facility as of the effective date of this ordinance (February 24, 2005); or

(iii)

any on-site expansion or modification of classroom space, up to 40% above the number of student stations at a traditional public educational facility authorized as of the effective date of this ordinance (February 24, 2005), or in the case of private and charter educational facilities, the number of students lawfully authorized for the facility as of the effective date of this ordinance (February 24, 2005) by zoning action or building permit, whichever is less restrictive.

Any applicant for a building permit pursuant to the foregoing shall certify that the proposed expansion or modification, together with all prior expansions or modifications after the effective date of this ordinance (February 24, 2005), does not exceed the limitations prescribed, and with such certification shall provide a listing of all building permits issued after such date authorizing expansions or modifications.

All other applications for expansions or modifications of an educational facility in the CA-C sub-zone shall be permitted upon demonstration that the requirements and standards established in Section 33-337(B)(2), (3) and (4) have been met.

A new traditional public educational facility proposed in this sub-zone for the sole purpose of relieving overcrowding at an existing traditional public educational facility shall be deemed an expansion and subject to the requirements and standards of Section 33-337(B)(2), (3), and (4), where the School Board has provided assurances by interlocal agreement that:

(i)

the existing public educational facility is at or exceeds 115% of the Florida Inventory of School Houses capacity, as of the effective date of this ordinance (February 24, 2005), and that the existing and new educational facilities shall not cumulatively provide for a greater number of students than enrolled in the existing educational facility as of the effective date of this ordinance (February 24, 2005);

(ii)

the new reliever public educational facility will provide for a number of students equal to or fewer than the reduction of the number of students at the existing educational facility, and

(iii)

the new reliever school will be located in a sub-zone no more restrictive than the sub-zone of the existing educational facility.

Any facility not in compliance with the foregoing shall be deemed a new school subject to the requirements of the sub-zone for which it is proposed.

(C)

Additional limitations. Any use otherwise permitted under this section or pursuant to the underlying zoning district shall be prohibited in the L, T, and TR Districts and within the inner ten thousand (10,000) feet of any IA District and the adjoining portions of TR Districts, all as depicted in the Airport Height Zoning Area Map defined herein, where such use constitutes or includes any of the following uses:

(1)

establishments or uses that emit smoke, gases, or dust in quantities or densities sufficient to jeopardize the safe use of the airport;

(2)

any establishment or use within the airport zoning area that may create electrical interference with radio communications between the airport and aircraft; make it difficult for aircraft pilots and tower control operators to distinguish between airport lights, aircraft and others; result in glare in the eyes of aircraft pilots using the airport, or in the eyes of the tower control operators; impair visibility in the vicinity of the airport; or otherwise endanger the landing, taking off or maneuvering of aircraft;

(3)

landfills and associated uses that emit smoke gases, or dust or any use that may attract birds, within 10,000 feet of any runway; and

(4)

aircraft touch and goes.

(D)

The prohibitions, restrictions and limitations in this section are minimum standards. Compliance with these standards shall not serve as a conclusive basis to approve a land use not otherwise in conformity with the CDMP, nor as a basis to amend the CDMP.

(Ord. No. 69-39, § 7, 7-9-69; Ord. No. 78-78, § 1, 11-7-78; Ord. No. 86-83, § 1, 10-28-86; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 04-203, § 7, 11-30-04; Ord. No. 07-92, § 4, 7-10-07)