2025-02-10-BOCC-Workshop-and-Special-Meeting

Flagler County Board of County Commissioners Workshop Agenda Monday, February 10, 2025• 1:00 p.m. (Special Meeting to Follow) Government Services Complex, 1769 E. Moody Blvd., Bldg 2, Board Chambers, Bunnell, FL 32110 View the meeting broadcast live on cable television: Spectrum Channel 492 View the meeting streamed live on the County’s YouTube Channel: www.YouTube.com/FlaglerCounty 1. Call to Order 2. Pledge to the Flag and Moment of Silence 3. Welcome: Flagler County Board Chair 4. Lobbying 101 5. Legislative Updates 6. Old Brick Road Discussion 7. Land Acquisition Committee Ranking Board Discussion 8. Budget Kick Off 9. Airport Ordinance Discussion 10. Comprehensive Plan Discussion 11. Other Items for Discussion as Needed 12. Public Comment: This thirty-minute time period has been allocated for public comment. Each speaker will be allowed up to three (3) minutes to address the Commission. Speakers should approach the podium, identify themselves and direct comments to the Chair. 13. Adjournment While this is a workshop only and no decisions are expected to be made by any of the governmental bodies, if a person decides to appeal any matter that may be discussed for a future proceeding, a record of the workshop may be needed and, for such purposes, the person may need to ensure that a verbatim record of the workshop is made. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in this meeting should contact the (386) 313-4001 at least 48 hours prior to the meeting.

F lagler County Board of County Commissioners Special Meeting Agenda Monday, February 10, 2025 Following Workshop Government Services Complex, 1769 E. Moody Blvd., Bldg 2, Board Chambers, Bunnell, FL 32110 View the meeting broadcast live on cable television: Spectrum Channel 492 View the meeting streamed live on the County’s YouTube Channel: www.YouTube.com/FlaglerCounty 1. Call to Order 2. Public Comment 3. Consideration of a Purchase and Sale Agreement 4. Request the Board take actions as deemed necessary regarding issues discussed at the workshop this date. 5. Adjournment Section 286.0105, Florida Statutes states that if a person decides to appeal any decision made by a board agency, or commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

Land Acquisition Committee Ranking

Primary Program Objectives a) Preserve wildlife habitats and protect the health and diversity of wildlife, especially threatened and endangered species of plants and animals. b) Promote improved water quality and protect the Floridan aquifer and preserve water recharge areas. c) Preserve rare natural communities and wildlife habitats/ecosystems. d) Preserve unique cultural, historic, scenic, and signifi cant geologic features. e) Promote economic development through the creation of nature tourism property, infrastructure, and opportunities. f) Promote appropriate public use and enjoyment of acquired lands including public access to water bodies for recreation activities that are consistent with ESL stewardship principles.

Secondary Program Objectives a) Preserve green space as passive recreation in close proximity to development to provide refuge for residents, visitors and wildlife, in coordination with the Land Development Code and Comprehensive Plan where possible. b) Reduce capital acquisition and land management costs by partnering with other agencies. c) Enhance existing recreation facilities and natural reserve areas throughout the County by acquiring adjoining properties. d) Establish wildlife corridors throughout the county promoting wildlife protection, habitat preservation and migration, in coordination with the Land Development Code and Comprehensive Plan where possible.

Secondary Program Objectives e) Establish recreational trail corridors throughout the County promoting alternative transportation modes, nature viewing, and fitness/exercise recreation opportunities. f) Restore damaged habitats that can have substantial positive environmental impacts with restoration. Higher weight will be given if this action can produce a tangible financial return to offset purchase or land management costs.

Prioritization and Ranking The A list is reserved for the projects found to be the highest priority of the LAC. Listing on the A list should be based on: 1. Comparing the project to other listed projects based upon the number of project objectives the project meets, 2. Availability of matching funds, 3. Urgency of purchase based on imminent threat of loss, 4. The “weight” or significance of the program objectives met, and 5. Other factors deemed appropriate by the LAC.

FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS WORKSHOP / AGENDA ITEM # 8 SUBJECT: Consideration of Fiscal Year 2025-26 Budget Guidelines and Calendar. DATE OF MEETING: February 10, 2025 OVERVIEW/SUMMARY: Every year the budget office creates a calendar and guidelines to provide direction on how to build the upcoming fiscal year’s budget. FUNDING INFORMATION: N/A DEPARTMENT CONTACT: E. John Brower, Financial Services Director (386) 313-4036 RECOMMENDATION: Request the Board accept and approve the initial guidelines and calendar for the creation of the FY26 Tentative Budget. ATTACHMENTS: 1. FY 2025-26 Budget Calendar 2. Presentation

External (Public) Dates Internal Dates Budget Workshop CIP Kickoff Budget Workshop 1:1 Meetings with Commissioners Budget Guidelines & S M T W TH F S S M T W TH F S S M T W TH F S Calendar Presented to BOCC 1 2 3 4 1 1 CA Kickoff Meeting & Budget 5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8 Module Open for Entry Budget Workshop for 12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 CA Kickoff with Constitutionals Non-General Fund & CIP 19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29 CIP Year 1 Due Budget Workshop 30 31 for Constitutionals FY26 Budgets, Operating & Capital Outlay, & Decision Units Due Budget Workshop for S M T W TH F S S M T W TH F S S M T W TH F S General Fund 1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 CA Department Meetings 6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14 Budget Workshop (if necessary) 13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 CIP Year 2-5 Due FY26 Tentative Budget Review 27 28 29 30 25 26 27 28 29 30 31 29 30 Notice of Proposed Spec Assesment Performance Measures Due Set Proposed Millage Rates Announce 1st Public Hearing Additional CA Budget Meetings S M T W TH F S S M T W TH F S S M T W TH F S with all Depts (if necessary) Final Review of Tenatitve Budget 1 2 3 4 5 1 2 1 2 3 4 5 6 Presented to BOCC 6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13 FCSO, Clerk, SOE, and PA Submit Policy Updates 13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20 Budget to BOCC 20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 Preliminary Estimate of Property CIP Adoption & 27 28 29 30 31 24 25 26 27 28 29 30 28 29 30 Tax Value Due from Prop. Appraiser Budget Workshop (if necessary) 31 Certification of Taxable Value by First TRIM Public Hearing the Property Appraiser to Adopt: Tentative Millage Rates, S M T W TH F S S M T W TH F S S M T W TH F S Assessment Fees, Tentative 1 2 3 4 1 1 2 3 4 5 6 Tax Collector Submits Certified Budget, and to set Final Public 5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13 Budget to BOCC Hearing Date, Time, and Place 12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 Submit Budget Adoption Resolutions Final Public Hearing to Adopt 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31 to Property Appraiser & Tax Collector Final Millage 30 1/23/25 7/1/25 4/28/25 5/16/25 6/1/25 5/13/25- 3/21/25 4/25/25 2/10/25 6/2/25 6/9/25 4/25/25 4/8/25- 2025 Calendar 6/16/25 BOCC Agenda Meeting Dates in Red / Holidays & Weekends in Gray 1/6/25- 1/10/25 2/11/25 3/14/25 January February March April May June 12/16/24 1/13/25 9/25/25 December 9/22/25 October November9/11/25 6/23/25 7/14/25 8/4/25 8/1/25 August SeptemberJuly 8/18/25

February 10, 2025 Board Workshop FY26 Budget Development

FY2026 Budget Development • Budget Process and Calendar • Board Policies & Priorities • Budget Focus • Key Budget Factors • Budget Guidance

Budget Process Pre-Budget Budget Development Budget Review Citizen Engagement Budget Approval & Adoption Budget Communication

Budget Preparation Timeline December - February March/April May/June July/August October/December September • Initial Planning & Guidelines • Budget Kickoff • Budget Development (CIP, Operating, Performance Measures) • Department Budget Requests • Commission Meetings & Workshops • Constitutional Officers Budgets • County Administrator's Tentative Budget • Commission Meetings & Workshops • Public Hearing & TRIM • Budget Adoption • New Fiscal Year Begins • Implementation & Monitoring

FY26 Budget Board Policies and Priorities

• Flagler County Strategic Plan - Vision • Effective Government • Economic Vitality • Growth and Infrastructure • Public Health and Safety • Economic Impacts and Financial Feasibility • Leverage Available Sources of Funding • Resource Optimization • Effective Financial Planning Board Budget Policies and Priorities – FY2026

Budget Guidance – FY2026 • Flat or Reduced Millage Rate • Focus on Beach Management Funding • Employee Retention and Merit Pay • Control Expenditures/Hold the Line (Board and Constitutionals) • Capital projects reviewed for necessity and approved based on funding availability

Key Budget Factors – FY2026 • Employer Contribution Health Insurance • Collective Bargaining Negotiations • Liability/Property Insurance • Cost Allocation to Constitutional Officers • Cost of Living & CPI • Contractual Costs • Board Policy Decisions • Legislative Impacts

Next Steps Continued DiscussionsConsideration of Approval Budget Kick Off 2/11/2025

Questions? Comments

v. 2.0 02/06/2025 Page 1 of 17 ORDINANCE 2025-___1 2 AN ORDINANCE OF THE BOARD OF COUNTY3 COMMISSIONERS OF FLAGLER COUNTY, FLORIDA,4 AMENDING THE FLAGLER COUNTY LAND5 DEVELOPMENT CODE (APPENDIX C TO THE FLAGLER6 COUNTY CODE OF ORDINANCES), BY AMENDING7 SECTION 3.06.00, SPECIAL PROVISIONS OTHER,8 ARTICLE III, ZONING DISTRICT REGULATIONS, BY9 ESTABLISHING AIRPORT ZONING REGULATIONS;10 PROVIDING FOR FISCAL IMPACTS; PROVIDING FOR11 APPLICABILITY; PROVIDING FOR CODIFICATION;12 PROVIDING FOR SEVERABILITY; AND PROVIDING FOR13 AN EFFECTIVE DATE.14 15 WHEREAS, Flagler County is a political subdivision of the State of Florida, as16 established through Section 1 of Article VIII of the Constitution of the State of Florida, as17 revised in 1968 and as subsequently amended; and18 19 WHEREAS, Flagler County is the owner and operator of a general aviation public20 airport identified as Flagler Executive Airport (KFIN); and21 22 WHEREAS, the Flagler Executive Airport is within the unincorporated area of23 Flagler County and is subject to the land use regulations as established by the Board of24 County Commissioners of Flagler County, Florida, through its Land Development Code,25 as established in Appendix C to the Flagler County Code of Ordinances; and26 27 WHEREAS, while the Flagler Executive Airport is located within the28 unincorporated area of Flagler County and is subject to the County’s Land Development29 Code, the Airport is bordered by lands within incorporated municipalities which are subject30 to the applicable land development regulations of the respective municipalities; and31 32 WHEREAS, the County is desirous of adopting airport zoning protection as33 provided in Section 330.35(2), Florida Statutes, so as to protect the Airport’s infrastructure34 and in recognition of the public’s substantial investment in the Airport’s development; and35 36 WHEREAS, the adoption of airport protection overlay zoning formalizes review37 processes that the County and municipalities have been utilizing for the evaluation of38 development within the vicinity of the Airport, and the adoption of airport protection39 overlay zoning is in the best interest of the public; and40 41 WHEREAS, while airport protection overlay zoning primarily concerns airport42 obstruction hazards which may impact the vertical and horizontal airspace surrounding43 the Airport, airport protection overlay zoning, among ither things, additionally identifies44 incompatible uses that should be discouraged or prohibited proximate to the Airport; and45 46

v. 2.0 02/06/2025 Page 2 of 17 WHEREAS, airport obstruction hazards endanger the lives and property of users47 of an airport and of the occupants of land in its vicinity by reducing the size of the area48 available for aircraft taking off, maneuvering, or landing, thus tending to destroy or impair49 the utility of the Airport and the public investment therein; and50 51 WHEREAS, it is further found that certain activities and uses of land in the52 immediate vicinity of airports as enumerated in Section 333.03(2), Florida Statutes, are53 not compatible with normal airport operations, and may, if not regulated, also endanger54 the lives of the participants, adversely affect their health, or otherwise limit the55 accomplishment of normal activities; and56 57 WHEREAS, the creation or establishment of an airport hazard and the58 incompatible use of land in airport vicinities are public nuisances and injure the community59 served by the airport in question; and60 61 WHEREAS, it is therefore necessary in the interest of the public health, public62 safety, and general welfare that the creation or establishment of airport hazards and63 incompatible land uses be prevented; and64 65 WHEREAS, the limitation of land uses incompatible with normal airport operations,66 the prevention of the creation or establishment of airport hazards, and the elimination,67 removal, alteration, mitigation, or marking and lighting of existing airport hazards are68 public purposes for which political subdivisions may raise and expend public funds and69 acquire land or property interests therein, or air rights thereover; and70 71 WHEREAS, every political subdivision having an airport hazard area within its72 territorial limits is required by Section 333.03(1)(a), Florida Statutes, to adopt, administer,73 and enforce, under the police power and in the manner and upon the conditions74 prescribed in this section, airport protection zoning regulations for such airport hazard75 area; and76 77 WHEREAS, the Board of County Commissioners has determined that it is in the78 best interest of the citizens of Flagler County to adopt the proposed Airport Zoning79 Regulations, that these Regulations meet the requirements of Chapter 333, Florida80 Statutes, with regards to Airport Zoning, and that this amendment to the Land81 Development Code is consistent with the Comprehensive Plan; and82 83 WHEREAS, the Board of County Commissioners approved this ordinance on first84 reading at its March 3, 2025 regular meeting; and85 86 WHEREAS, following public hearings on March 3, 2025 and on March 17, 2025,87 including the presentation by staff and public comments as part of the public hearings,88 the Board of County Commissioners adopted this ordinance on second and final reading89 at its March 17, 2025 regular meeting; and90 91

v. 2.0 02/06/2025 Page 3 of 17 WHEREAS, public notice has been provided in accordance with Section 125.66,92 Florida Statutes.93 94 NOW, THEREFORE, BE IT ORDAINED BY THE FLAGLER COUNTY BOARD95 OF COUNTY COMMISSIONERS:96 97 Section 1. RECITALS.98 99 A. The foregoing whereas clauses are incorporated herein by reference and made a part100 hereof.101 102 Section 2. CODE AMENDMENT.103 104 A. Section 3.06.17, Airport Zoning Regulations, Article III, Zoning District Regulations, of105 the Flagler County Land Development Code (Appendix C to the Code of Ordinances106 of Flagler County, Florida), is hereby created:107 108 Sec. 3.06.17. Airport zoning regulations.109 110 a. Title. These regulations shall be known as the Flagler County Airport111 Zoning Regulations.112 113 b. Purpose and intent. The purpose of these airport zoning regulations is to114 provide both airspace protection and land use compatibility in relation to the115 normal operation of the Flagler Executive Airport (KFIN) licensed for public-116 use by the State of Florida Department of Transportation (FDOT) in Flagler117 County, Florida. These regulations, through the establishment of airport118 zones and corresponding regulations, provide for the independent review119 of development proposals in order to promote the public interest in safety,120 health, and general welfare within the territorial limits over which Flagler121 County has jurisdiction, and to ensure that all airports licensed for public-122 use in the County can effectively function.123 124 Therefore, Flagler County deems it necessary to regulate the uses of land125 located around said airports relative to the:126 • Height of structures and objects of natural growth on such land;127 • Uses of land in areas subject to airport noise;128 • Uses of land in areas subject to aircraft overflight potential;129 • Establishment of residential use or educational facilities of public and130 private schools on such land;131 • Uses of land which result in the generation of in-flight visual or electronic132 interference; and133 • Uses of land which result in aircraft bird strike hazards.134 135

v. 2.0 02/06/2025 Page 4 of 17 There is hereby adopted and established these airport zoning regulations136 pursuant to the authority conferred on Flagler County by Chapters 163 and137 333, Florida Statutes (F.S.), as they may be amended from time to time.138 139 c. Definitions. The following terms shall be defined herein as follows:140 141 1. Aeronautical study: a Federal Aviation Administration study,142 conducted in accordance with the standards of 14 C.F.R. part 77,143 subpart C, and Federal Aviation Administration policy and guidance,144 on the effect of proposed construction or alteration upon the145 operation of air navigation facilities and the safe and efficient use of146 navigable airspace.147 148 2. Affected local governments: any municipality or county having149 jurisdiction over the airport and any municipality or county located150 within two (2) miles of the boundaries of the land subject to the airport151 master plan. For purposes of this section, Flagler County is the152 owner and operator of the Flagler Executive Airport (KFIN), while the153 City of Bunnell and the City of Palm Coast are municipalities located154 within two (2) miles of the boundaries of the land subject to the airport155 master plan.156 157 3. Airport: any area of land or water designed and set aside for the158 landing and taking off of aircraft and used or to be used in the interest159 of the public for such purpose. The term “airport” shall mean the160 Flagler Executive Airport (KFIN), a general aviation public-use airport161 owned and operated by Flagler County. For purposes of airport162 protection and land use compatibility regulations in this section, the163 term “airport” also includes all land lying vertically under the164 designated approach zones.165 166 4. Airport elevation: the highest point of an airport’s usable landing area167 measured in feet above Mean Sea Level.168 169 5. Airport hazard: an obstruction to air navigation which affects the safe170 and efficient use of navigable airspace or the operation of planned or171 existing air navigation and communication facilities.172 173 6. Airport hazard area: any area of land or water upon which an airport174 hazard might be established.175 176 7. Airport land use compatibility zoning: airport zoning regulations177 governing the use of land on, adjacent to, or in the immediate vicinity178 of airports.179 180

v. 2.0 02/06/2025 Page 5 of 17 8. Airport layout plan: a set of scaled drawings that provide a graphic181 representation of the existing and future development plan for the182 airport and demonstrates the preservation and continuity of safety,183 utility, and efficiency of the airport.184 185 9. Airport master plan: a comprehensive plan of an airport which186 typically describes current and future plans for airport development187 designed to support existing and future aviation demand.188 189 10. Airport protection zoning regulations: airport zoning regulations190 governing airport hazards.191 192 11. Airport zoning administrator: the Airport Director shall serve as the193 Airport Zoning Administrator.194 195 13. Avigation easement: an agreement that compels property owners to196 surrender their property’s air rights to the government.197 198 14. Day/night sound level (DNL): the system used by the FAA and the199 Department of Housing and Urban Development (HUD) to measure200 noise. Contours representing DNL levels are generated from the201 INM. The military also uses the DNL methodology to express noise202 impacts. Sound levels in the DNL contours are expressed in decibel203 units.204 205 15. Decision height: the height at which a decision must be made during206 all ILS instrument approach to either continue the approach or to207 execute a missed approach.208 209 16. Department: the Department of Transportation as created under210 Section 20.23, Florida Statutes.211 212 17. Educational facility: any structure, land, or use that includes a public213 or private kindergarten through 12th grade school, charter school,214 magnet school, college campus, or university campus. The term215 does not include space used for educational purposes within a multi-216 tenant building.217 218 18. Landfill: has the same meaning as provided in Section 403.703,219 Florida Statutes.220 221 19. Minimum descent altitude: the lowest altitude, expressed in feet222 above Mean Sea Level, to which descent is authorized on final223 approach or during circling-to-land maneuvering in execution of a224 standard instrument approach where no electronic glide slope is225 provided.226

v. 2.0 02/06/2025 Page 6 of 17 227 20. Nonconforming use: for purposes of this section, any preexisting228 structure, object of natural growth or use of lands which is229 inconsistent with the provisions therein.230 231 21. Object of natural growth: a woody plant.232 233 22. Obstruction: any existing or proposed object, terrain, or structure234 construction or alteration that exceeds the federal obstruction235 standards contained in 14 C.F.R. part 77, subpart C that obstructs236 the airspace required for flight of aircraft in landing and takeoff at an237 airport or is otherwise hazardous to such landing or takeoff of aircraft.238 The term includes: any object of natural growth or terrain; permanent239 or temporary construction or alteration, including equipment or240 materials used and any permanent or temporary apparatus; or241 alteration of any permanent or temporary existing structure by a242 change in the structure's height, including appurtenances, lateral243 dimensions, and equipment or materials used in the structure.244 245 23. Person: any individual, firm, co-partnership, corporation, company,246 association, joint-stock association, or body politic, and includes any247 trustee, receiver, assignee, or other similar representative thereof.248 249 24. Political subdivision: the local government of any county,250 municipality, town, village, or other subdivision or agency thereof, or251 any district or special district, port commission, port authority, or252 other such agency authorized to establish or operate airports in the253 state. For purposes of this section, this term shall mean Flagler254 County as the owner and operator of the Flagler Executive Airport255 (KFIN).256 257 25. Precision instrument runway: a runway having an instrument258 approach procedure utilizing an instrument landing system (ILS) or a259 precision approach radar (PAR). It also means a runway for which a260 precision approach system is planned and is so indicated on an FAA-261 approved airport layout plan; a military service's approved military262 airport layout plan; any other FAA planning document, or military263 service's military airport planning document.264 265 26. Public-use airport: an airport, publicly owned and maintained,266 licensed by the state, which is open for use by the public. For the267 purposes of this section, the publicly owned and maintained airport268 within Flagler County is Flagler Executive Airport (KFIN).269 270 27. Runway: A defined rectangular surface on an airport prepared or271 suitable for the landing or takeoff of airplanes.272

v. 2.0 02/06/2025 Page 7 of 17 273 28. Runway protection zone (RPZ): an area at ground level beyond the274 runway end to enhance the safety and protection of people and275 property on the ground.276 277 29. Sound exposure level: see “Day/night sound level (DNL)”.278 279 30. Sound level: see “Day/night sound level (DNL)”.280 281 31. Structure: any object constructed, erected, altered, or installed,282 including, but not limited to, buildings, towers, smokestacks, utility283 poles, power generation equipment, and overhead transmission284 lines.285 286 32. Substantial modification: any repair, reconstruction, rehabilitation, or287 improvement of a structure when the actual cost of the repair,288 reconstruction, rehabilitation, or improvement of the structure equals289 or exceeds 50 percent of the market value of the structure.290 291 33. Visual runway: a runway intended solely for the operation of aircraft292 using visual approach procedures with no straight-in instrument293 approach procedures and no instrument designation indicated on an294 FAA approved airport layout plan, a military service approved military295 layout plan, or by any planning document submitted to the FAA by296 competent authority.297 298 d. Airport zones of influence. Flagler County hereby establishes two (2) airport299 zones of influence. Said zones are established to regulate land300 development in relation to the Flagler Executive Airport in Flagler County.301 The location of these airport zones of influence and restrictions on the use302 of land within said zones are hereby established by these regulations. The303 boundaries of said zones and restrictions on the use of land within said304 zones shall be changed only through the amendment of these regulations305 by the Flagler County Board of County Commissioners.306 307 Any application for land development within these airport zones of influence308 shall comply with these regulations, any applicable state or federal309 regulations, and any applicable requirements of the land development310 regulations of Flagler County. The airport zones of influence established in311 these regulations include:312 • Airport Height Notification Zone; and313 • Airport Overflight Zone.314 315 1. Airport height notification zones and regulations.316 317 a. Establishment of zone.318

v. 2.0 02/06/2025 Page 8 of 17 319 For the Flagler Executive Airport in Flagler County, the320 boundary of the Airport Height Notification Zone established321 in these regulations is based on the runway configuration322 which is planned and documented as such in its approved323 airport layout plan, which is defined as the airport layout plan324 submitted by the owner of each such airport to the FAA for325 approval.326 327 An Airport Height Notification Zoning Map series shall be328 maintained by Flagler County based on an application of the329 boundaries set forth herein. This map shall be updated as330 necessary to reflect any changes in the documentation of the331 runway configuration on which said zone is based. The332 dimensions of the Airport Height Notification Zone boundaries333 as prescribed in these regulations shall serve as the334 authoritative source for said boundaries.335 336 In the event a discrepancy arises between an Airport Height337 Notification Zone boundary depicted on the map and the338 boundary located by application of the definition of said339 boundary as set forth in these regulations, the boundary as340 prescribed by the latter shall prevail.341 342 There is hereby established the Airport Height Notification343 Zone as an airport zone of influence. The Airport Height344 Notification Zone is established to regulate the height of345 structures and objects of natural growth in areas lying beneath346 the primary, approach, transitional, horizontal, and conical347 surfaces around Flagler Executive Airport in Flagler County.348 A site located in more than one of the described surfaces shall349 apply the most restrictive height limitation. The various350 surfaces as defined in 14 CFR, Part 77 are hereby established351 as the Airport Height Notification Zones.352 353 b. Airport height notification regulations.354 355 All development proposals for land lying within an Airport356 Height Notification Zone shall be reviewed for conformance357 with the federal obstruction standards contained in 14 CFR,358 Part 77, for civil airports.359 360 Relative to the Flagler Executive Airport in Flagler County, any361 proposed land development shall be considered a “potential362 airport obstruction,” if the proposed land development would363

v. 2.0 02/06/2025 Page 9 of 17 result in a structure or object of natural growth having a height364 which would exceed the previously prescribed standards.365 366 Any person that is planning to sponsor construction or367 alterations which may affect navigable airspace, must file a368 Notice of Proposed Construction or Alteration (FAA Form369 7460-1) either electronically or manually with the FAA. No370 land development proposal determined to result in a structure371 or object of natural growth that constitutes a “potential airport372 obstruction” shall be approved for construction unless an373 Airport Obstruction Permit is issued by the Airport Zoning374 Administrator and has been coordinated through the FAA.375 376 2. Airport overflight zones and regulations.377 378 a. Establishment of zone.379 380 There is hereby established the Airport Overflight Zone as an381 airport zone of influence. The Airport Overflight Zone is382 established to regulate the uses of land lying in specified383 areas above which aircraft must routinely operate at low384 altitudes and climb from or descend to the runways of public-385 use airports. Within an Airport Overflight Zone, certain land386 uses are restricted or prohibited due to land use387 characteristics which could result in further death, injury, and388 property damage in the event of an aircraft accident, as such389 areas are more likely, statistically, to be exposed to accidents390 involving aircraft climbing from or descending to the runway391 at low altitudes.392 393 The Airport Overflight Zone includes the area over which394 aircraft routinely operate at low altitudes and includes395 protections against:396 • Development within runway protection zones397 • Development within airport noise zones398 • Development of educational or residential land uses399 • Development within FAA approved noise studies400 • Development of landfills401 402 For the Flagler Executive Airport in Flagler County, the403 boundary of the Airport Overflight Zone established in these404 regulations is based on the runway configuration documented405 in its approved airport layout plan, which is defined as the406 airport layout plan submitted by the owner of each such airport407 to the FAA for approval.408 409

v. 2.0 02/06/2025 Page 10 of 17 An Airport Overflight Zoning Map series shall be maintained410 by Flagler County based on an application of the boundaries411 set forth herein. These maps shall be updated as necessary412 to reflect any changes in the documentation of the runway413 configuration on which said zone is based. The Airport414 Overflight Zone boundaries as prescribed in these regulations415 shall serve as the authoritative source for said boundaries.416 417 In the event a discrepancy arises between an Airport418 Overflight Zone boundary depicted on the maps and the419 boundary located by application of the definition of said420 boundary as set forth in these regulations, the boundary as421 prescribed by the latter shall prevail.422 423 b. Airport overflight zone regulations.424 425 i. Prohibited land uses.426 All development proposals for land lying within an427 Airport Overflight Zone shall be reviewed for428 conformance with the state standards contained in Ch.429 333, F.S. Referencing and adhering to the guidelines430 set forth in this statute when planning future431 development is required.432 433 c. Determination of boundaries.434 435 In determining the location of airport zone boundaries, the436 following rules shall apply:437 • Where boundaries are shown to follow streets or alleys,438 the centerline of such streets or alleys as they exist at the439 time of adoption of these regulations, shall be the airport440 zone boundary;441 • Where boundaries are shown to enter or cross platted lots,442 property lines of lots as they exist at the time of adoption443 of these regulations shall be the airport zone boundary;444 • Notwithstanding the above, where boundaries are shown445 on any platted lot, provisions of the more restrictive airport446 zone shall apply;447 • Where boundaries are shown on unsubdivided property of448 less than five (5) acres in area, provisions of the more449 restrictive airport zone shall apply; and450 • Where boundaries are shown on unsubdivided property of451 five (5) or more acres in area, the location shall be452 determined by the Airport Noise Zone boundary the Airport453 Height Notification Zone or Airport Overflight Zone454

v. 2.0 02/06/2025 Page 11 of 17 boundary located by application of the definition of said455 zone boundaries set forth in these regulations.456 457 d. Nonconforming uses.458 459 If a nonconforming obstruction has been abandoned or is460 more than eighty (80) percent torn down, destroyed,461 deteriorated, or decayed, a permit may not be granted if it462 would allow the obstruction to exceed the applicable height463 limit or otherwise deviate from the Airport Zoning Regulations.464 Whether or not an application is made for a permit, the owner465 of the nonconforming obstruction may be required, at his or466 her own expense, to lower, remove, reconstruct, alter, or467 equip such obstruction as may be necessary to conform to the468 current Airport Zoning Regulations. If the owner of the469 nonconforming obstruction neglects or refuses to comply with470 such requirement for ten (10) days after Notice, the County471 may proceed to have the obstruction so lowered, removed,472 reconstructed, altered, or equipped and assess the cost and473 expense thereof upon the owner of the obstruction or the land474 whereon it is or was located.475 476 If a nonconforming obstruction is determined to be an airport477 hazard and the owner will not remove, lower, or otherwise478 eliminate it, the approach protection necessary cannot,479 because of constitutional limitations, be provided by the480 Flagler County Airport Zoning Regulations; or it appears481 advisable that the necessary approach protection be provided482 by acquisition of property rights rather than by the Flagler483 County Airport Zoning Regulations, the County may acquire,484 by purchase, grant, or condemnation in the manner provided485 by Chapter 73 and 74, F.S.486 487 e. Administration and enforcement.488 489 1. Duties of the airport zoning administrator.490 491 It shall be the duty of the Airport Zoning Administrator to administer492 and enforce the regulations prescribed herein. Permits shall be493 requested through the submission of an application to the Airport494 Zoning Administrator.495 496 Temporary or conditional permits pending completion of review,497 comment, or approval by any other local, state, or federal agency498 shall not be issued.499 500

v. 2.0 02/06/2025 Page 12 of 17 2. Permits.501 502 Any applicant receiving a “Notice of Potential Airport Obstruction”503 may apply to the Airport Zoning Administrator for an Airport504 Obstruction Permit.505 506 a. Procedures for requesting and airport obstruction permit.507 508 The applicant shall submit a completed Airport Obstruction509 Permit application, as provided by the Airport Zoning510 Administrator, to include the final written Determination of the511 “Notice of Proposed Construction or Alteration” issued by the512 FAA.513 514 Upon receipt of a complete permit application, the County515 shall provide a copy of the application to the FDOT Aviation516 Office by certified mail, return receipt requested, or by a517 delivery service that provides a receipt evidencing delivery.518 To evaluate technical consistency, FDOT shall have a 15-day519 review period following receipt of the application, which shall520 run concurrently with the County permitting process. Cranes,521 construction equipment, and other temporary structures in522 use or in place for a period not to exceed eighteen (18)523 consecutive months are exempt from the FDOT’s review,524 unless such review is requested by FDOT. The FDOT shall,525 within thirty (30) days after receipt of an application for a526 permit, issue or deny a permit for the construction or alteration527 of an obstruction. The Department shall review permit528 applications for issuance by the Department in conformity with529 Section 120.60, F.S.530 531 b. Criteria for granting an airport obstruction permit.532 533 In determining whether to issue or deny a permit, the following534 shall be considered:535 536 i. The safety of persons on the ground and in the air;537 ii. The safe and efficient use of navigable airspace;538 iii. The nature of the terrain and height of existing539 structures;540 iv. The effect of the construction or alteration on the state541 licensing standards for a public-use airport contained542 in Chapter 330, F.S., and rules adopted thereunder;543 v. The character of existing and planned flight544 operations and developments at public-use airports;545

v. 2.0 02/06/2025 Page 13 of 17 vi. Federal airways, visual flight rules, flyways and546 corridors, and instrument approaches as designated547 by the FAA;548 vii. The effect of the construction or alteration of the549 proposed structure on the minimum descent altitude550 or the decision height at the affected airport;551 viii. The cumulative effects on navigable airspace of all552 existing structures and all other known proposed553 structures in the area; and554 ix. The County shall require the owner of the obstruction555 to install, operate, and maintain thereon, at his or her556 own expense, marking and lighting in conformance557 with the specific standards established by the FAA.558 559 Where the FAA has reviewed a proposed development and560 determined it would not affect the safe and efficient use of561 navigable airspace and the operation of planned or existing562 air navigation and communication facilities, the Airport Zoning563 Administrator may grant an Airport Obstruction Permit for a564 proposed development, provided that conditions are attached565 to said permit to ensure the installation, operation, and566 maintenance of appropriate obstruction marking, lighting,567 and/or flagging, if such obstruction marking, lighting, and/or568 flagging is required in its written Determination. No Airport569 Obstruction Permit shall be issued after the expiration date570 indicated on the FAA’s written Determination. Each Airport571 Obstruction Permit issued shall specify a reasonable572 expiration date as a condition.573 574 Where the FAA has reviewed a proposed land development575 request and determined it would affect the safe and efficient576 use of navigable airspace and the operation of planned or577 existing air navigation and communication facilities for civil578 airports, or the establishment of a “Hazard to Air Navigation,”579 or both, no Airport Obstruction Permit shall be granted by the580 Airport Zoning Administrator.581 582 3. Notification requirements.583 584 a. Notification of airport noise potential.585 586 The following notification requirement shall apply to property587 lying within any Airport Noise Zone defined in these588 regulations.589 590

v. 2.0 02/06/2025 Page 14 of 17 Constructive knowledge shall be made available to all591 purchasers of property located in any Airport Noise Zone592 defined in these regulations.593 • Public notice, via maps depicting said zones, shall be594 made available by the (Name of Political Subdivision).595 • A disclosure statement shall be completed upon the sale596 of all residential property located in any such zone and597 shall be filed with the property deed.598 599 b. Notification of aircraft overflight potential.600 601 The following notification requirement shall apply to property602 lying within any Airport Overflight Zone defined in these603 regulations.604 605 Constructive knowledge shall be made available to all606 purchasers and users of property in any Airport Overflight607 Zone defined in these regulations.608 • Constructive knowledge shall be accomplished in the609 manner and form prescribed in Section 3.06.17.e.3.a. of610 these regulations.611 • When the end user of any property located in any Airport612 Overflight Zone defined in these regulations is not the613 purchaser, the purchaser shall convey the notification614 condition to the user. Such notification shall be in writing,615 shall be acknowledged by user’s signature, and shall be616 accomplished prior to the user occupying or making any617 type of legally binding obligation to occupy said property.618 A copy of the user’s acknowledgment shall be filed with619 the property deed.620 621 When said property also lies partially or entirely within any622 Airport Noise Zone defined in these regulations, notification623 shall include specific reference to both airport noise and624 aircraft overflight potential.625 626 f. Judicial review.627 628 1. Any person, political subdivision, or joint airport zoning board629 aggrieved by a decision of Flagler County or its administrative630 agency may seek judicial relief by filing an application within thirty631 (30) days after the decision is rendered. The review shall be632 conducted through a petition for writ of certiorari, governed by the633 Florida Rules of Appellate Procedure.634 635

v. 2.0 02/06/2025 Page 15 of 17 2. The circuit court in the Seventh Judicial Circuit shall have exclusive636 jurisdiction to affirm, reverse, or modify the decision on the permit or637 other determination being appealed. The court may also order638 further proceedings by Flagler County or its administrative agency, if639 deemed necessary. The court shall accept the findings of fact made640 by Flagler County or its administrative agency as conclusive if641 supported by substantial evidence. Only objections raised during the642 underlying proceeding shall be considered by the court.643 644 3. In the event that airport zoning regulations adopted under this645 chapter are determined by a court to unduly interfere with the use646 and enjoyment of a specific structure or parcel of land, to the extent647 that it constitutes a taking or deprivation of property in violation of the648 State Constitution or the Constitution of the United States, such649 holding shall not affect the application of such regulations to other650 structures and parcels of land not involved in the particular decision.651 652 4. A judicial appeal to any court under this section shall not be permitted653 until the appellant has exhausted all available remedies through the654 application for local government permits, exceptions, and appeals.655 656 g. Acquisition of air rights.657 658 If a nonconforming obstruction is deemed to pose a hazard to the airport659 and the owner refuses to remove, lower, or otherwise eliminate it, and if660 providing necessary approach protection through airport zoning regulations661 under Chapter 333, F.S., is not feasible due to constitutional limitations, or662 if it is determined that acquiring property rights would be more advisable663 than relying on airport zoning regulations, the political subdivision in which664 the property or nonconforming obstruction is located, or the political665 subdivision that owns or operates the airport or is served by it, may acquire666 the necessary property, air rights, avigation easements, or other interests667 in the property or nonconforming obstruction through purchase, grant, or668 condemnation as provided by Chapter 73, F.S. In the case of669 condemnation, the political subdivision shall have the right to take670 immediate possession of the property, interest in property, air rights, or671 other rights sought to be condemned in accordance with the provisions of672 Chapter 74, F.S. Additionally, if any property, easement, or interest therein673 is purchased or acquired through eminent domain, the political subdivision674 shall be responsible for not only compensating for the taking, injury, or675 destruction of the property, but also for covering the costs associated with676 the removal and relocation of any structure or public utility that needs to be677 moved to a new location.678 679 h. Enforcement and remedies.680 681

v. 2.0 02/06/2025 Page 16 of 17 1. Each violation of Chapter 333, F.S., or of any airport zoning regulations,682 orders, or rulings adopted or made pursuant to Chapter 333, F.S., shall683 constitute a misdemeanor of the second degree, punishable as provided684 in s. 775.082 or s. 775.083, F.S., and each day a violation continues to685 exist shall constitute a separate offense.686 687 2. In addition, Flagler County may institute in any court of competent688 jurisdiction an action to prevent, restrain, correct, or abate any violation689 of Chapter 333, F.S., or of airport zoning regulations adopted under690 Chapter 333, F.S., or of any order or ruling made in connection with their691 administration or enforcement, and the court shall adjudge to the plaintiff692 such relief, by way of injunction, which may be mandatory, or otherwise,693 as may be proper under all the facts and circumstances of the case in694 order to fully effectuate the purposes of this chapter and of the695 regulations adopted and orders and rulings made pursuant thereto.696 697 3. The Department may institute a civil action for injunctive relief in the698 appropriate circuit court to prevent violation of any provision of this699 chapter.700 701 Section 3. FISCAL IMPACT STATEMENT.702 703 The amendment to the Land Development Code included in this Ordinance should have704 a negligible effect upon property owners relative to the cost of compliance.705 706 Section 4. APPLICABILITY.707 708 This Ordinance shall be effective within the unincorporated areas of Flagler County,709 Florida, and shall include such incorporated areas of Flagler County if provisions of this710 Ordinance are specifically recognized through one or more interlocal agreements as711 applicable and enforceable within such incorporated areas.712 713 Section 5. CODIFICATION.714 715 A. Only Section 2 of this Ordinance shall be codified and included within the Code of716 Ordinances of Flagler County, Florida.717 718 B. It is the intent of the Board of County Commissioners that the provisions of this719 Ordinance shall become and be made a part of the Flagler County Code of720 Ordinances, and that the sections of this Ordinance may be renumbered or relettered721 and the word “ordinance” may be changed to “section,” “article,” “regulations,” or such722 other appropriate word or phrase in order to accomplish such intentions.723 724 Section 6. SEVERABILITY.725 726 If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason,727

v. 2.0 02/06/2025 Page 17 of 17 declared by the courts to be unconstitutional or invalid, such decision shall not affect the728 validity of the Ordinance as a whole, or any part thereof, other than the part so declared.729 730 Section 7. EFFECTIVE DATE.731 732 A. This Ordinance shall become effective upon filing of this Ordinance with the733 Department of State.734 735 B. A certified copy of this Ordinance shall be filed with the Department of State within ten736 (10) days after enactment by the Board of County Commissioners.737 738 PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF739 FLAGLER COUNTY, FLORIDA, UPON SECOND AND FINAL READING THIS 17TH740 DAY OF MARCH, 2025.741 742 BOARD OF COUNTY COMMISSIONERS743 OF FLAGLER COUNTY, FLORIDA744 745 746 _______________________________747 Andrew S. Dance, Chair748 749 ATTEST: APPROVED AS TO FORM:750 751 752 _______________________________ _______________________________753 Tom Bexley, Clerk of the Al Hadeed, County Attorney754 Circuit Court and Comptroller755 756 757 758 759 Edits:760 10/31/2023 – removed references to ASR-9 radar site761 01/08/2025 – changed ordinance year in heading from 2023 to 2025762 01/08/2025 – changed Chair from Hansen to Dance763 02/06/2025 – revised ordinance to FDOT model ordinance text as provided on pages 70-77 in the FDOT764 Aviation Airport Land Use Compatibility Guidebook published in 2024.765 766 767 768 769 770 771

Airport Zoning Regulations

• Horizontal Surface. A flat plane extending 150 feet above the airport, encompassing a larger area for larger runways. • Conical Surface. An outward sloping zone from the horizontal surface, providing additional clearance. • Primary Surface. A centered area along the runway, extending slightly beyond each end. The width varies based on the runway type and approach procedures. • Approach Surface. An extended area beyond the runway end, ensuring a clear path for landing aircraft. The width and length depend on the approach precision (visual or instrument). Precision runways have much larger approach surfaces. • Transitional Surfaces. Sloped areas connecting the other surfaces, ensuring a smooth transition between them. 14 CFR Part 77

• 16,120 total parcels are within one of the zones • 9,495 parcels are coded as single family • 46 parcels are manufactured homes • 3,450 parcels are vacant • 278 parcels are municipal • 121 parcels are county • 454 parcels are drop lots • 442 parcels are multi-family (<10 units) • 6 parcels are multi-family (>10 units) • 21 parcels are churches • 4 parcels are homes for the aged By the Numbers

• Population Estimates (2024 data) • 10,686 population within horizontal zone • 23,086 population within conical zone • 5 population within primary zone • 4,188 population within approach zone • 3,487 population within transitional zone • 0 population within runway protection zone • 5 population within noise zone By the Numbers