§ 5.5.3. Design, development, and use standards and restrictions.

A.

All MOA area, including all sub-areas, as noted:

(1)

Acknowledgment Military Operating Area (AMOA).

(a)

Prior to the issuance of a building permit for construction, expansion, and/or renovation of a new or existing structure for human habitation/occupancy wherein a new Certificate of Occupancy/Final Inspection will be required prior to habitation/occupancy of the structure consistent with Florida Building Code, the property owner shall sign and submit a written acknowledgement that the project site is located within the Marion County Military Operating Area. The acknowledgement shall be recorded in the Marion County Official Records by the owner or permit applicant prior to issuance of the permit and shall conform to the following, allowing for the appropriate owner signature (e.g., individual, corporate, etc.):

ACKNOWLEDGEMENT OF MILITARY OPERATING AREA (AMOA)

 

(printed/typed name of property owner)

(printed/typed building permit number)

(printed/typed address of permitted structure)

(printed/typed parcel identification number of structure property)

 I, the above stated, understand that my property located as referenced above and further described in the attached legal description, is located within the Marion County Military Operating Area as established by the Marion County Comprehensive Plan and Land Development Regulations, consistent with § 163.3175 FS.

 I acknowledge and understand that military operations may be conducted within the Military Operating Area as authorized by Federal and/or State agencies with such jurisdiction, and such operation may affect this property. I further understand that I should contact the appropriate Federal or State agency for information regarding such military operations.

 

Signature: ...(signature of property owner)

Date: ...(date)

(b)

The requirement to complete and record the AMOA shall be deemed satisfied once a minimum of one executed AMOA has been recorded in the Marion County Official Records in regards to the permit's subject property, and the execution and recording of a new/additional AMOA for subsequent permits shall not be required.

(2)

Height Limits. No structure shall be erected, and no vegetation shall be permitted to grow, that exceeds any of the following height limitations, subject to compliance with the most restrictive height limit applicable by area/sub-area designation:

(a)

Military Operating Area: 500 feet

(b)

Range Safety Zone "C" West: 400 feet

(c)

Range Safety Zone "C" East: 300 feet

(d)

Restricted Airspace: 200 feet

B.

Restricted Airspace prohibited land uses:

(1)

Any use which interferes with the lawful operation of an airborne aircraft.

(2)

Any permanent use of any type which produces electronic interference with navigation signals or with radio communication between aircraft and the airport.

(3)

Any airport obstruction, as prohibited by the Federal Aviation Administration.

C.

East Range Safety Zone "C":

(1)

Residential development shall comply with one of the following:

(a)

A gross density greater than one dwelling unit per 10 acres shall be prohibited;

(b)

A legally created parcel of record established prior to October 12, 2013, or a lot/parcel within a subdivision eligible for continued development under Section 4.3.2, may be eligible for one single-family residence, subject to compliance with the underlying zoning classification, DOH standards, and the other applicable design standards within this division; or

(c)

A parcel is eligible for family division consistent with Section 2.16.1.B(10) and subject to the following requirements:

1.

No resulting parcel (parent and each division) shall be less than two (2) acres in size,

2.

An AMOA shall be executed and recorded for all resulting parcels (parent and each division), and

3.

Development of each parcel shall be subject to compliance with the underlying zoning classification, DOH standards, and the other applicable design standards within this section.

(2)

Non-residential development shall comply with one of the following:

(a)

No new lots/parcels shall be less than ten (10) acres in size; or

(b)

A legally created parcel of record established prior to October 12, 2013, or a lot/parcel within a subdivision eligible for continued development under Section 4.3.2, may be eligible for development, subject to compliance with the underlying zoning classification, DOH standards, and the other applicable design standards within this division.

(3)

Prohibited land uses:

(a)

The storage of explosive materials above the ground.

(b)

Any use which interferes with the lawful operation of an airborne aircraft.

(c)

Any permanent use of any type which produces electronic interference with navigation signals or with radio communication between aircraft and the airport.

(d)

Any airport obstruction, as prohibited by the Federal Aviation Administration.

(4)

A private property owner participating in one of the Marion County Transfer of Development Rights Programs in Division 3.4, may be eligible for up to a 20 percent bonus in Transfer of Development Credits as determined by the Board, depending upon the location and extent of the Conservation Easement provided by the owner.

D.

West Range Safety Zone "C":

(1)

Prohibited land uses:

(a)

The storage of explosive materials above the ground.

(b)

Any use which interferes with the lawful operation of an airborne aircraft.

(c)

Any permanent use of any type which produces electronic interference with navigation signals or with radio communication between aircraft and the airport.

(d)

Any airport obstruction, as prohibited by the Federal Aviation Administration.

(2)

A private property owner participating in one of the Marion County Transfer of Development Rights Programs in Division 3.4, may be eligible for up to a 10 percent bonus in Transfer of Development Credits as determined by the Board, depending upon the location and extent of the Conservation Easement provided by the owner.

(Ord. No. 13-20, § 2, 7-11-2013)