An avigation easement and/or waiver of claim, (see Exhibits 1 and 2, [incorporated
herein by reference only]), consistent with section 9-604, shall be required as a condition of development approval for lot-splits and subdivisions
in aircraft noise zones A, B, C, D, and E. The avigation easement and/or waiver of
claim shall be executed between the applicant and the Greater Orlando Aviation Authority
and delivered to the planning and/or zoning divisions, as appropriate, before a building
permit may be issued for a building or structure located, or to be located, within
aircraft noise zones A, B, C, D, or E.
The board of zoning adjustment or planning and zoning commission/local planning agency
may require the execution and delivery of an avigation easement and/or waiver of claim
as condition of granting variances for nonconforming construction or land uses within
any of the aircraft noise zones. The land use controls, avigations easement, waiver
of claim, and sound level reduction requirements specified in this section shall be
consistent with agreements reached between the property owner and the Greater Orlando
Aviation Authority established prior to the adoption of this article. Adoption of
this article shall in no way invalidate or modify such recorded avigation easements
or noise damage waiver of claim.
