11-269.33. Prohibition on unmanned aircraft; exceptions; definitions

A. Except as otherwise provided by law, a county may not enact or adopt any ordinance, policy or rule that relates to the ownership or operation of an unmanned aircraft, unmanned aircraft system or commercial drone delivery system or otherwise engage in regulating the ownership or operation of an unmanned aircraft, an unmanned aircraft system or commercial drone delivery system. Any ordinance, policy or rule that violates this subsection, whether enacted or adopted by the county before or after August 6, 2016, is void.

B. This section does not:

1. Prohibit a county from enacting or adopting an ordinance or rule on any of the following:

(a) Operating or using a public unmanned aircraft that is owned by the county.

(b) Taking off or landing a model aircraft in a park or preserve that is owned by the county if either of the following applies:

(i) There are other parks or preserves that are within the county and that are available for operating model aircraft.

(ii) The county has only one park or preserve that is within the county.

(c) Land use approvals for taking off, docking and landing a commercial drone delivery system in an area zoned for residential use or within a one hundred fifty-foot radius of the outer boundary of the area zoned for residential use.

(d) Taking off, docking or landing a commercial drone delivery system from a county-owned facility or property.

2. Prohibit a county from requiring or enforcing existing regulations that are not explicitly for an unmanned aircraft, unmanned aircraft system or a commercial drone delivery system.

3. Allow a county to withhold issuing a permit or approval for operating, taking off, docking or landing an unmanned aircraft, unmanned aircraft system or a commercial drone delivery system in an area that is not zoned for residential use.

4. Limit a county's authority to apply and enforce generally applicable zoning, land use, site plan, building, fire and public safety regulations to the physical location of facilities that are used for taking off, docking or landing an unmanned aircraft or commercial drone delivery system within two and one-half miles of a small, medium or large hub airport's latitude and longitude as recorded in the federal aviation administration's master airport records, if the regulations do not govern the flight path, navigation or operation of the unmanned aircraft and do not have the effect of prohibiting commercial drone delivery systems within the jurisdiction and if the commercial drone delivery system operator consults with the airport regarding the regulations.

C. For the purposes of this section:

1. "Commercial drone delivery system" means an unmanned aircraft system engaged in the delivering of goods via drone and is approved to operate for that purpose by the federal aviation administration.

2. "Model aircraft" means an unmanned aircraft that is:

(a) Capable of sustained flight in the atmosphere.

(b) Flown within the visual line of sight of the person operating the model aircraft.

(c) Flown for hobby or recreational purposes.

3. "Public unmanned aircraft" means an unmanned aircraft or unmanned aircraft system that is operated by a public agency for a government-related purpose.

4. "Unmanned aircraft" means an aircraft, including an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft.

5. "Unmanned aircraft system" means an unmanned aircraft and associated elements, including any communication links and components that control the unmanned aircraft.