Attn: All aircraft modelers in Jacksonville, FL

[Red Scholefield]

ORDINANCE NO. 2006-543-E



Introduced by Council Member Ray and amended on the Floor of Council:





ORDINANCE 2006-543-E


AN ORDINANCE AMENDING CHAPTER 656 (ZONING CODE), PART 4 (SUPPLEMENTARY
REGULATIONS), SUBPART B (MISCELLANEOUS REGULATIONS),ORDINANCE CODE,
ESTABLISHING SECTION 656.420 (PARKING, STORAGE AND REPAIR OF FLYING CRAFT
AND AIRBOATS IN RESIDENTIAL DISTRICTS), AND AMENDING PART 16 (DEFINITIONS),
SECTION 656.1601 (DEFINITIONS),ORDINANCE CODE TO INCLUDE A DEFINITION FOR
FLYING CRAFT; PROVIDING AN EFFECTIVE DATE.




WHEREAS , parking or storing flying craft and airboats in unenclosed
spaces, including a carport, is not an operation in keeping with the
character of a residential neighborhood, and


WHEREAS , repairing, testing, operating, constructing, modifying or
altering flying aircraft and airboats anywhere on a residential lot is not
an operation in keeping with the character of a residential neighborhood,
now therefore,


BE IT ORDAINED by the Council of the City of Jacksonville:

Section 1. Creation of Section 656.420, Chapter 656 Ordinance Code.
Chapter 656 (Zoning Code), Part 4 (Supplementary Regulations), Ordinance
Code is amended to create a new section 656.420 (Parking, storage, repair
and operation of flying craft and airboats in residential districts) to read
as follows:








Chapter 656 ZONING CODE


* * *


PART 4. SUPPLEMENTARY REGULATIONS


Subpart A. Performance Standards and Development Criteria


* * *


Sec. 656.420. Parking, storage, repair and operation of flying craft and
airboats in residential districts.


(a) Flying craft and airboats shall not be parked or stored, other than in
completely enclosed buildings, on residentially-zoned property, including
residential PUD districts and properties with a residential component in a
mixed-use PUD district. Airboats may, however, be parked or stored in the
water adjacent to, on docking facilities of, or in a yard fronting a
navigable waterbody of, a waterfront residentially-zoned property, including
a property in a residential PUD district and a property in the residential
portion of a mixed-use PUD district.


(b) Repairing, testing, operating, constructing, modifying or altering
flying craft and airboats shall be prohibited in all residential districts,
including residential PUD districts and properties with a residential
component in a mixed-use PUD district.


* * *


Section 2. Amendment to Section 656.1601, Ordinance Code.

Section 656.1601,Ordinance Code , is hereby amended as follows:


Chapter 656 ZONING CODE


* * *


Part 16. Definitions


Sec. 656.1601. Definitions.


* * *





Floor area means, except as specifically indicated in relation to
particular districts and uses, the sum of the gross horizontal areas of
several floors of a building measured from the exterior faces of the
exterior walls or from the centerline of walls separating two buildings,
excluding attic areas with a headroom of less than seven feet, unenclosed
stairs or fire escapes, elevator structures, cooling towers, areas devoted
to air conditioning, ventilating, heating or other building machinery and
equipment, parkingstructures and basement space where the ceiling is not
more than an average of 48 inches above the general finished and graded
level of the adjacent portion of the lot.


Flying craft means any vehicle designed for navigation in the air or
through outer space, including but not limited to airplanes, helicopters and
hot air balloons.


Foster care home means a facility located within a single-family residence
located in a residential neighborhood and providing a means of resuming the
experience of family living for a child who cannot remain in the home of the
natural parents. The family foster home is a service designed to provide
substitute family and parenthood relationships to foster care children. No
more than six foster children shall be in a foster care home


* * *


Section 3. Effective Date. This ordinance shall become effective
upon signature by the Mayor or upon becoming effective without the Mayor's
signature.


Form Approved:




/s/ Dylan T. Reingold __________


Office of General Counsel


Legislation Prepared By: Dylan Reingold


6/19/2006 G:\shared\LEGIS.CC\2006\ord\Airplaine Enclosure (Enrolled).doc
----- Original Message -----
From: "Tony Stillman AMA D5 Vice-President" <tony@amadistrict-v.org>
To: "Red Scholefield" <redscho@bellsouth.net>
Sent: Thursday, August 24, 2006 10:15 AM
Subject: Fw: jacksonville ordinance


> Red:
> Could you post this on the discussion group to see if anyone out there can
> provide me and/or Jay with additional information? We need to address
> this or it might become a BIG problem!
>
> Tony Stillman
> AMA District V Vice-President
> 850-324-5832
> www.amadistrict-v.org
> ----- Original Message -----
> From: "Jay Mealy" <jmealy@modelaircraft.org>
> To: "Tony Stillman AMA D5 Vice-President" <tony@amadistrict-v.org>
> Cc: <Daniel.Reed@wilsonco.com>
> Sent: Thursday, August 24, 2006 8:47 AM
> Subject: FW: jacksonville ordinance
>
>
> Good morning Tony,
>
> Hope all is well with you.
>
> Attached is a note from Dan Reed with a question I would like to
> investigate further in an attempt to assist. Do you have any info
> regarding this ordinance, or one of your AVPs, that you could share?
>
> Jay Mealy
> AMA Programs Director
>
> -----Original Message-----
> From: Mary Lou Vojslavek
> Sent: Thursday, August 24, 2006 7:43 AM
> To: Jay Mealy
> Subject: FW: jacksonville ordinance
>
>
>
>
> Mary Lou Vojslavek
> Administration/Operations Director
> Academy of Model Aeronautics
> (765) 287-1256 ext. 201
> mvojslav@modelaircraft.org
>
>
> -----Original Message-----
> From: Reed, Daniel B. [mailtoaniel.Reed@wilsonco.com]
> Sent: Wednesday, August 23, 2006 5:03 PM
> To: Mary Lou Vojslavek
> Subject: FW: jacksonville ordinance
>
>
>
>> -----Original Message-----
>> From: Reed, Daniel B.
>> Sent: Wednesday, August 23, 2006 3:57 PM
>> To: 'tony@amadistrict-v.org'
>> Subject: jacksonville ordinance
>>
>> Hello. I am an EAA member who has just become aware of a problem in
> the city of Jacksonville , Florida that will affect AMA members in that
> city. In June, the city council passed an ordinance outlawing the
> building, repairing, maintaining, etc. of aircraft in peoples'
> residences. The language of this ordinance is reported to affect ALL
> aircraft, not just full size aircraft- that means ANYTHING THAT FLIES.
> The ordinance number is 2006-543-E. Do you have members in that city who
> would be opposed to such an ordinance? If so, please contact the EAA in
> Oshkosh, Wisconsin to determine if AMA's efforts could be helpful in
> getting this nuisance law repealed. This law presents a serious
> precedent. Thanks.
>>
>> Daniel Reed
>> Salina, Kansas
>
>
>

[NUTS]

Hi Red
I think this about full scale home built aircraft, not RC. But it's still an ordinance that shows the the total disregard for private property rights.
What a bunch of *&%$@. I lived in Jacksonville until 4 years ago, I miss a lot of things down there but not stuff like this.

Best Regards,
Nuts

[firemanbill]

You are probably right nuts but all it will take is 1 irate neighbor and 1 overzealous lawyer (that may be a double negative ) to file a lawsuit and set a precedent and get model planes banned from an entire town!

[NUTS]

Bill, Your right on track. That's probably where it started, an ignorant neighbor with an ax to grind with a connection in city hall.

Regards,
Nuts