§ 33-349. Airspace approvals.

No permanent structure may be erected, constructed, located or otherwise established within the MIA Airport Zoning Area unless it has been issued an appropriate development permit(s) by Miami-Dade County or the municipality in which it is located. Except as provided for hereunder, no development permit for any structure or tree (whether permanent or temporary, natural or man made) to be erected, planted, located or otherwise established, within the MIA Airport Zoning Area shall be issued by the county or any municipality unless such development permit has been approved in writing by MDAD and meets the review criteria created pursuant to this article.

For permanent structures or trees, such approval is required for (1) all structures or trees on property located within or bifurcated by the all objects review boundary; (2) for all structures or trees greater than or equal to 35 feet AMSL on property located within or bifurcated by the 35 foot AMSL review boundary; and for all structures or trees greater than or equal to 200 feet AMSL on property located within or partially within the MIA airport zoning area but outside the 35 foot AMSL review boundary. For temporary cranes or other temporary structures, such approval is required if such structures meet either the crane review criteria or the events review criteria set forth in this section.

In all instances, whether in the incorporated or unincorporated areas of Miami-Dade County, a copy of any application for a development permit that requires approval by MDAD pursuant to this Section 33-349 must be submitted to MDAD for review prior to the issuance of any development permit based on such application. Each such application for a development permit shall indicate the height (AMSL) of all applied-for structures. Any development permit subject to the review and approval process of this Section 33-349 that is issued without the written approval of MDAD shall be voidable through an original action by a court of competent jurisdiction regardless of the expiration of any otherwise applicable appeal period for the challenge of such development permit.

Temporary cranes or other temporary structures, which meet the crane review criteria of this article, but which do not require a development permit for their erection, installation, siting, operation, or use, shall receive written approval from MDAD prior to their erection, installation, siting, operation or use if so erected, installed, sited, operated or used anywhere within the MIA airport zoning area. Temporary events, which meet the temporary events review criteria of this article, but which do not require a development permit for their installation, siting, operation or use, shall receive written approval from MDAD prior to their installation, siting, operation or use if so installed, sited, operated or used anywhere within the MIA airport zoning area.

In addition, neither Miami-Dade County nor any municipality or other entity shall issue any development permit, or allow the use of a crane, or otherwise allow any other structure to be erected, located or otherwise established within the airport zoning area unless such structure has been reviewed and approved by the FAA if the structure meets FAA notification criteria set forth in Title 14 of the Code of Federal Regulations, Part 77, as amended.

Notwithstanding any provisions of this chapter, in approving any permit under this article, the Director of the Miami-Dade Aviation Department shall require the owner of the structure for which a permit is being sought, to install, operate and maintain thereon at the owner's sole expense, such marking and lighting as may be necessary to indicate to aircraft pilots the presence of a structure, such marking and lighting to conform to the specific standard established by rule of the Department of Transportation and Federal Aviation Administration Advisory Circular 70/7460-1k change 1, or most recent update.

In order to comply with Federal Aviation Regulations, the Director of the Miami-Dade Aviation Department shall have the right to order structure or tree heights to be lower than the height limitations established in this article. For the sake of aviation safety and airport viability, there shall be no variances from or exceptions to the height zoning limitations of this article, except that a variance may be applied for pursuant to Section 33-342 in the areas identified on the map entitled "Height Zoning Surfaces - Variance Eligible Areas," a full scale copy of which is on file with the Miami-Dade Aviation Department, provided the proposed structure or use meets applicable federal standards and regulations and has been approved by the Federal Aviation Administration.

The Director of the Miami-Dade Aviation Department or designee is authorized to appeal or otherwise legally contest decisions of a municipality granting development permits that are subject to compliance with this article, for failure to comply with the airport height zoning standards of this article.

Applicant shall pay any applicable review fees to MDAD for its reviews performed in accordance with this article. Review shall not commence until the appropriate fees are paid to MDAD.

(A)

Permanent structures or trees.

(1)

Review process for permanent structures or trees shall be as follows:

(a)

Applicant shall provide the Latitude and Longitude coordinates in NAD 83 (in degrees, minutes, and seconds format and to an accuracy of three decimal places for the seconds), job site address, height to tallest point of structures and trees, name of structures and trees, folio number(s), site location sheet and profile sheet (both 11×17 inch format) indicating the maximum height AMSL of the structures and trees. If any structure or tree meets the FAA notification criteria set forth in Title 14 of the Code of Federal Regulations, Part 77, a valid "Determination of No Hazard" issued by the FAA must be submitted to MDAD at the same time.

(b)

Upon receipt of the required information, MDAD shall initiate the review process. Should MDAD require more information, MDAD shall notify the applicant of this deficiency and place the review process on hold until receipt of the requested information.

(c)

For permanent structures or trees, MDAD shall issue a letter indicating if the proposed structure or tree height does or does not conform to the criteria established within this article. The letter shall also indicate whether the applicant needs to submit their information to the FAA for their own evaluation. No building permit or other development permit shall be issued by any incorporated municipality or Miami-Dade County unless the applicant can provide a valid "Determination of No Hazard" issued by the FAA, if the project meets FAA notification criteria as stated in Title 14 of the Code of Federal Regulations, Part 77. No building permit or other development permit shall be issued for, and no structure or tree shall be allowed to a height greater than the lower of (1) that height stated on a valid "Determination of No Hazard" issued by the FAA, or (2) that height allowed by the regulations set forth in this article.

(2)

Certificate of Use and Certificate of Occupancy requirements for permanent structures. Upon completion of any project, no certificate of occupancy or certificate of use shall be issued by a municipality or Miami-Dade County until approval is obtained from MDAD certifying that the structure was built no higher than the height approved by MDAD in compliance with this article. This approval shall be issued by MDAD after submittal by applicant of the required information including as-built elevations certified and prepared, signed and sealed by a State of Florida licensed surveyor, architect or engineer. Such elevation as-built certification shall be 8.5" × 11" in size and contain an elevation view of as-built construction with Latitude and Longitude coordinates in NAD 83 (in degrees, minutes, seconds format with at least 2 decimal places accuracy for the seconds number) noted for the height of the structure and the height of any appurtenances thereto. The height shall also be indicated for the point closest to Miami International Airport.

(B)

Temporary Cranes and Other Temporary Structures.

(1)

Crane review criteria. Any crane or other temporary structure shall be reviewed if its height may at any time exceed an imaginary surface extending outward and upward at a slope of 100 to 1 from the nearest point of the nearest runway at MIA, or if its height may at any time equal or exceed 200 feet AMSL.

(2)

No temporary crane or other temporary structure meeting the crane review criteria above shall be erected, installed, sited, operated or used unless it has been approved in writing by MDAD.

(3)

Review and approval process for temporary cranes and other temporary structures shall be as follows:

(a)

Applicant shall provide to the Aviation Department the Latitude and Longitude coordinates in NAD 83 (in degrees, minutes, and seconds format and to an accuracy of three decimal places for the seconds), job site address, height to tallest point of crane or structure, dates and times of operation, whether nighttime operation is requested, applicant's name, phone number, email, fax number, and the crane or structure operator's 24 hour phone number. This information should be provided to the MDAD, Aviation Planning Division, using MDAD's "Permissible Crane Height Determination" form. If the structure meets FAA notification criteria as stated in Title 14 of the Code of Federal Regulations, Part 77, a valid "Determination of No Hazard" as issued by the FAA must be submitted at the same time.

(b)

Upon receipt of the required information, MDAD shall process the application. Should MDAD require more information, MDAD shall notify the applicant of this deficiency and place the review process on hold until receipt of the requested information.

(c)

MDAD shall indicate on the "Permissible Crane Height Determination" form the allowable crane or structure height. MDAD shall not approve an application unless a valid FAA "Determination of No Hazard" has been attached, if the crane or structure meets FAA notification criteria set forth in Title 14 of the Code of Federal Regulations, Part 77.

(4)

Crane lighting. Any crane or other temporary construction equipment shall comply with FAA Advisory Circular 70/7460-1K "Obstruction Marking and Lighting", as amended.

(C)

Temporary Events Affecting Navigable Airspace.

(1)

Temporary events review criteria. A temporary event that could affect navigable airspace shall be reviewed by MDAD if its height may at any time exceed an imaginary surface extending outward and upward at a slope of 100 to 1 from the nearest point of the nearest runway at MIA, or if its height may at any time equal or exceed 200 feet AMSL.

(a)

Balloons, kites, unmanned rockets and unmanned free balloons shall be reviewed, operated, and marked in accordance with Title 14 of the Code of Federal Regulations, Part 101, as amended.

(b)

Fireworks shall be reviewed and operated in accordance with Title 14 of the Code of Federal Regulations, Part 101, as amended.

(c)

Outdoor laser operations shall be reviewed in accordance with FAA Advisory Circular 70-1, as amended.

(d)

Radio controlled aircraft or other radio controlled objects shall be operated in accordance with FAA Advisory Circular 91-57, as amended.

(2)

Review and approval process for temporary events impacting airspace shall be as follows:

(a)

Applicant shall provide a written request to MDAD indicating the nature of the temporary event and any other pertinent details including the Latitude and Longitude coordinates in NAD 83 (in degrees, minutes, and seconds format and to an accuracy of three decimal places for the seconds), address where the temporary event will be located, operated, sited, installed, launched or otherwise used, height to tallest reasonably anticipated point of the temporary event, dates and times of operation, whether nighttime operation is requested, applicant's name, phone number, email, fax number, and the temporary event operator's 24 hour phone number. This information should be provided to MDAD, Aviation Planning Division, using MDAD's "Permissible Crane Height Determination" form. If the temporary event meets FAA notification criteria as stated in Title 14 of the Code of Federal Regulations, Part 77, a valid "Determination of No Hazard" as issued by the FAA must be submitted at the same time.

(b)

Upon receipt of the required information, MDAD shall process the application. Should MDAD require more information, MDAD shall notify the applicant of this deficiency and place the review process on hold until receipt of the requested information.

(c)

MDAD shall respond in writing stating whether the temporary event will be allowed to be used, operated or installed, and, if allowed, the allowable maximum height of the temporary event. MDAD shall not approve an application unless a valid FAA "Determination of No Hazard" has been attached, if the temporary event meets FAA notification criteria set forth in Title 14 of the Code of Federal Regulations, Part 77.

(d)

In addition, the following temporary events shall meet and comply with the following criteria prior to approval from MDAD:

1.

Lasers. Outdoor laser operations must receive and submit to MDAD a letter of non-objection from the FAA and be operated in accordance with FAA Advisory Circular 70-1.

2.

Fireworks. Fireworks operations shall receive and submit to MDAD an acknowledgement letter from the FAA indicating that the operation meets the criteria of FAR Title 14, Part 101. Operations shall abide by all conditions prescribed in such FAA-issued acknowledgement letter.

3.

Balloons, kites, unmanned rockets, and unmanned free balloons. These operations shall receive and submit to MDAD a waiver issued by the FAA as specified in FAR Title 14, Part 101.

(D)

Violations. In addition to any other remedies or penalties set forth in this article or elsewhere in this Code for violations of the provisions of this article, any structure, tree, temporary crane or structure, or temporary event that violates the provisions of this article is subject to a stop work order issued by MDAD or other appropriate county or municipal official, and is also subject to an order to lower, remove, or cease the operation or use of the structure, tree, temporary crane or structure, or temporary event that is in violation of the provisions of this article.

(Ord. No. 07-92, § 15, 7-10-07; Ord. No. 18-40, § 1, 5-1-18)