[Adopted 3-10-2009 by Ord. No. 240-09]
[Amended 9-27-2011 by Ord. No. 235-2011]
This article is adopted pursuant to the authority conferred
upon the Board of Commissioners of Doña Ana County by NMSA
§§ 4-37-1 and 3-39-16 through 3-39-26 and Section 511
of the Airport and Airway Improvement Act of 1982 (49 U.S.C. 47107).
Compliance with Code of Federal Regulations Title 14, Part 77, and
other federal, state, and local statutes is implied.
A.
It is hereby found that an obstruction has the potential for endangering
the lives and property of users of the Doña Ana County Airport
at Santa Teresa and property or occupants of land in its vicinity;
that an obstruction may affect existing and future instrument approach
minimums of the Airport; and that an obstruction may reduce the size
of areas available to the landing, takeoff, and maneuvering of aircraft,
thus tending to destroy or impair the utility and safety of the Airport
and the public investment therein. Accordingly it is declared:
(1)
That the creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by the
Doña Ana County Airport at Santa Teresa;
(2)
That it is necessary in the interest of public health, public safety,
and general welfare that the creation or establishment of obstructions
that are a hazard to air navigation be prevented;
(3)
That the prevention of these obstructions should be accomplished,
to the extent legally possible, by the exercise of the police power
without compensation; and
(4)
That the prevention of the creation of or establishment of hazards
to air navigation, marking and lighting of obstructions are public
purposes for which a political subdivision may raise and expend public
funds and acquire land or interests in land.
B.
To achieve the foregoing declaration and purposes, the Board of County
Commissioners hereby ordains as follows.
This article shall be known and may be cited as the "Doña
Ana County Airport Zoning Height Obstruction Ordinance."
As used in this Chapter 125, the following definitions shall apply unless the context of a particular section provision otherwise requires:
The Doña Ana County Airport at Santa Teresa.
The Board of County Commissioners sitting as the Airport
Board of Appeals.
The highest point of an airport's usable landing surface
measured in feet from sea level (currently 4,112.25 feet per the 2004
Airport Layout Plan or as otherwise amended and adopted by the FAA).
The designated individual or duly authorized individual appointed
by the County to administer and manage all operations of the Airport
and Airport facilities, and to supervise all Airport projects.
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 125-5 of this article. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
These zones are defined as set forth in § 125-5 of this article.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to one for a horizontal
distance of 4,000 feet.
Doña Ana County or the Board of County Commissioners
of Doña Ana County as the context requires.
The Federal Aviation Administration.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
For the purpose of determining the height limits in all zones
set forth in this article and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
The area of the primary surface that coincides in size and
shape with the designated takeoff and landing area of a heliport.
This surface is a horizontal plane at the elevation of the elevation
of the established heliport elevation.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal zone.
A runway that is constructed for and intended for use by
propeller-driven aircraft of greater than 12,500 pounds' maximum gross
weight and jet-powered aircraft.
Any proposed or preexisting structure, object of natural
growth or use of land which is inconsistent with the provisions of
this article or amendments thereto.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area-type navigation equipment for which a straight-in non-precision-instrument
approach procedure has been approved or planned.
Any structure, growth, or other object, including a mobile
object that extends a limiting height set forth in this article.
An individual, firm, partnership, corporation, company, association,
joint stock association, or governmental entity; includes a trustee,
a receiver, an assignee, or a similar representative of any of them.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) precision approach radar
(PAR) or other system using precision vertical guidance and horizontal
guidance allowing a straight-in approach. It also means a runway for
which a precision approach system is planned and so indicated on an
approved airport layout plan or other planning document.
A surface longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is set forth in § 125-5 of this article. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, constructed or installed
by man, including, but without limitation, buildings, towers, cranes,
smokestacks, earth formations, and overhead transmission lines.
Surfaces that extend outward at ninety-degree angles to the
runway center line and the runway center line extended at a slope
of seven feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces for those portions of
the precision approach surfaces, which project through and beyond
the limits of the conical surface, extend a distance of 5,000 feet
measured horizontally from the edge of the approach surface and at
90° to the extended runway center line.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds' maximum gross weight
and less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
A map depicting imaginary surfaces defined by approach, transitional,
horizontal, and conical zones.
A.
In order to carry out the provisions of this article, there are hereby
created and established certain zones, which include all of the land
lying beneath the approach surface, transitional surfaces, horizontal
surfaces, and conical surfaces as they apply to the Doña Ana
County Airport at Santa Teresa. Such zones are shown on the Doña
Ana County Airport at Santa Teresa Zoning Overlay Map,[1] which is made a part hereof by reference. An area located
on more than one of the following zones is considered to be only in
the zone with the more restrictive height limitation.
[1]
Editor's Note: The Zoning Overlay Map is available in the
County offices.
B.
The various zones are hereby established and defined as follows:
(1)
Utility runway visual approach zone. The inner edge of this approach
zone coincides with the width of the primary surface as depicted in
the most current Airport Layout Plan, which is made a part hereof
by reference.[2] The approach zone extends outward uniformly to a width
of 1,250 feet at a horizontal distance of 5,000 feet from the primary
surface. Its center line is the continuation of the center line of
the runway.
[2]
Editor's Note: The Airport Layout Plan is available in the
County offices.
(2)
Utility runway non-precision-instrument approach zone. The inner
edge of this approach zone coincides with the width of the primary
surface and is 500 feet wide. The approach zone extends outward uniformly
to a width of 2,000 feet at a horizontal distance of 5,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
(3)
Runway larger-than-utility visual approach zone. The inner edge of
this approach zone coincides with the width of the primary surface
and is as depicted in the most current Airport Layout Plan. The approach
zone expands outward uniformly to a width of 1,500 feet at a horizontal
distance of 5,000 feet from the primary surface. Its center line is
the continuation of the center line of the runway.
(4)
Runway larger-than-utility with a visibility minimum greater than
3/4 mile non-precision-instrument approach zone. The inner edge of
this approach zone coincides with the width of the primary surface
and is as depicted in the most current Airport Layout Plan. The approach
zone expands outward uniformly to a width of 3,500 feet at a horizontal
distance of 10,000 feet from the primary surface. Its center line
is the continuation of the center line of the runway.
(5)
Runway larger-than-utility with a visibility minimum as low as 3/4
mile non-precision-instrument approach zone. The inner edge of this
approach zone coincides with the width of the primary surface and
is 1,000 feet wide. The approach zone expands outward uniformly to
a width of 4,000 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
(6)
Precision-instrument runway approach zone. The inner edge of this
approach zone coincides with the width of the primary surface and
is 1,000 feet wide. The approach zone expands outward uniformly to
a width of 16,000 feet at a horizontal distance of 50,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
(7)
Heliport approach zone. The inner edge of this approach zone coincides
with the width of the primary surface and is as depicted in the most
current Airport Layout Plan. The approach zone expands outward uniformly
to a width of 500 feet at a horizontal distance of 4,000 feet from
the primary surface.
(8)
Transitional zones. The transitional zones are the areas beneath
the transitional surfaces.
(9)
Heliport transitional zones. These zones extend outward from the
sides of the primary surface and the heliport approach zones a horizontal
distance of 250 feet from the primary surface center line and the
heliport approach zone center line.
(10)
Horizontal zone. The horizontal zone is established by swinging
arcs of 10,000 feet radii from the center of each end of the primary
surface of each runway and connecting the adjacent arcs by drawing
lines tangent to those arcs. The horizontal zone does not include
any of the approach and transitional zones.
(11)
Conical zone. The conical zone is established as the area that
commences at the periphery of the horizontal zone and extends outward
therefrom a horizontal distance of 4,000 feet.
Except as otherwise provided in this article, no structure shall
be erected, altered, or maintained, and no tree shall be allowed to
grow in any zone created by this article to a height in excess of
the applicable height limit herein established for each such zone.
A.
Such applicable
height limitations are hereby established for each of the zones in
question as follows:
(1)
Utility runway visual approach zone: slopes 20 feet outward for each
foot upward beginning at the end of and at the same elevation as the
primary surface and extending to a horizontal distance of 5,000 feet
along the extended center line.
(2)
Utility runway non-precision-instrument approach zone: slopes 20
feet outward for each foot upward beginning at the end of and at the
same elevation as the primary surface and extending to a horizontal
distance of 5,000 feet along the extended runway center line.
(3)
Runway larger-than-utility visual approach zone: slopes 20 feet outward
for each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 5,000
feet along the extended runway center line.
(4)
Runway larger-than-utility with a visibility greater than 3/4 mile
non-precision-instrument approach zone: slopes 34 feet outward for
each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 10,000
feet along the extended runway center line.
(5)
Runway larger-than-utility with a visibility minimum as low as 3/4
mile no-precision-instrument approach zone: slopes 34 feet outward
for each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 10,000
feet along the extended runway center line.
(6)
Precision-instrument runway approach zone: slopes 50 feet outward
for each foot upward beginning at the surface and extending to a horizontal
distance of 10,000 feet along the extended runway center line, thence
slopes upward 40 feet horizontally for each foot vertically to an
additional horizontal distance of 40,000 feet along the extended runway
center line.
(7)
Heliport approach zone: slopes eight feet outward for each foot upward
beginning at the end of and at the same elevation as the primary surface
and extending to a distance of 4,000 feet along the heliport approach
zone center line.
(8)
Transitional zones: slope seven feet outward for each foot upward
beginning at the sides of and at the same elevation as the primary
surface and the approach surface, and extending to a height of 150
feet above the airport elevation (4,112.25 feet, 2004 Airport Layout
Plan). In addition to the foregoing, there are established height
limitations sloping seven feet outward for each foot upward beginning
at the sides of and at the same elevation as the approach surface
and extending to where they intersect the conical surface. Where the
precision-instrument runway approach zone projects beyond the conical
zone, there are established height limits sloping seven feet outward
for each foot upward beginning at the sides of and at the same elevation
as the approach surface and extending a horizontal distance of 5,000
feet measured at ninety-degree angles to the extended runway center
line.
(9)
Heliport transitional zones: slope two feet outward for each foot
upward beginning at the sides of and at the same elevation as the
primary surface and the heliport approach zones and extending a distance
of 250 feet measured horizontally from and at ninety-degree angles
to the primary surface center line and heliport approach zones center
line.
(10)
Horizontal zone: established at 150 feet above the airport elevation.
(11)
Conical zone: slopes 20 feet outward for each foot upward beginning
at the periphery of the horizontal zone and at 150 feet above the
airport elevation and extending to a height of 350 feet above the
airport elevation.
B.
Excepted height limitations. Nothing in this article shall be construed
as prohibiting the construction or maintenance of any structure, or
growth of any tree to a height up to 50 feet above the surface of
the land.
Notwithstanding any other provisions of this article to the
contrary, no use may be made of land or water within any zone established
by this article in such a manner as to create electrical interference
with navigational signals or radio communication between the airport
and aircraft that makes it difficult for pilots to distinguish between
airport lights and others, that result in glare in the eyes of pilots
using the airport, that impair visibility in the vicinity of the airport,
that create bird strike hazards, or otherwise in any way endanger
or interfere with the landing, takeoff or maneuvering of aircraft
intending to use the airport.
A.
Regulations not retroactive. The regulations prescribed by this article
shall not be construed to require the removal, lowering, or other
change or alteration of any structure or tree not conforming to the
regulations as of the effective date of predecessor Ordinance No.
30-83, which date is June 15, 1983.
B.
Marking and lighting. Notwithstanding the grandfathering provision of Subsection A above, the owner of any existing nonconforming structure or tree is required to permit the installation, operation, and maintenance thereon at County expense of such markers and/or lights as are deemed necessary by the Airport Manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such nonconforming use.
C.
Abandonment or destruction of nonconforming use. Whenever the County
determines that a nonconforming use has been abandoned or a nonconforming
structure or tree has been abandoned or more than eighty-percent torn
down, physically deteriorated or decayed, no permit shall be granted
that would allow such use to continue or such structure or tree to
be replaced or restored so as to exceed the height limits or otherwise
deviate from the current article provisions.
This article shall be administered by the County's Community
Development Director with the assistance of his staff and the advice
of the Airport Manager.
A.
Applications for permits and variances shall be made to the Community
Development Director, with a copy being provided to the Airport Manager,
upon a form published by the County for that purpose.
B.
Except as specifically provided for in Subsection B(1), (2) and (3) below, no material change may be made in the use of airport land, no structure shall be erected or enlarged and no tree shall be planted or altered in any zone created under this article unless a permit shall have been applied for and granted.
(1)
In the area lying within the limits of the horizontal zone and conical
zone, no permit shall be required for any tree or structure less than
75 feet of vertical height above the ground, except when, because
of terrain, land contour, or topographic features, such tree or structure
would extend above the height limits prescribed for such zones.
(2)
In areas lying within the limits of the approach zones, but at a
horizontal distance of not less than 4,200 feet from each end of the
runway, no permit shall be required for any tree or structure less
than 75 feet of vertical height above the ground, except when such
tree or structure would extend above the height limit prescribed for
such approach zones.
(3)
In the areas lying within the limits of the transition zones beyond
the perimeter of the horizontal zone, no permit shall be required
for any tree or structure less than 75 feet of vertical height above
the ground, except when such tree or structure, because of terrain,
land contour or topographical features, would extend above the height
limit prescribed for such transition zones.
C.
Each applicant for a permit shall indicate in writing the purpose
for which the permit is sought and shall describe with particularity
the use to be made of the land or the structure or tree to be erected
or planted or altered to include, but not be limited to, its dimensions
and construction components.
D.
No permit shall be granted for which the purpose, use, dimensions or construction particulars of the project are inconsistent with the provisions of this article, unless a variance has been applied for and approved as provided for in § 125-10.
A.
Any person desiring to erect a new structure or increase the height
of any existing structure, or permit the growth of any tree, or otherwise
use property not in accordance with the regulations prescribed in
this article may apply to the Airport Board of Appeals for a variance
from such regulations. The application for variance shall be accompanied
by a determination from the Federal Aviation Administration as to
the effect of the proposal on the operation of air navigation facilities
and the safe, efficient use of navigable airspace. Such variances
shall be allowed where it is duly found that a literal application
or enforcement of the regulations will result in unnecessary hardship
and the relief granted will not be contrary to the public interest,
will not create a hazard to air navigation, will do substantial justice
and will be in accordance with the spirit and intent of this article.
B.
Additionally, no application for variance to the requirements of
this article shall be considered unless a copy of the application
has been furnished to the Airport Manager for advice and comments
upon the aeronautical effects of the variance. If the Airport Manager
does not respond to the application within 15 days after receipt,
the Airport Board of Appeals may act on its own to grant or deny said
application without such advice or comments.
C.
Obstruction marking and lighting. Any variance granted may, if such
action is deemed advisable to effectuate the purpose of this article
and be reasonable in the circumstances, be so conditioned as to require
the owner of the structure or tree in question to install, operate,
and maintain, at the owner's expense, such markings and lights
as may be necessary. However, if deemed proper, and in the sole discretion
of the Airport Board of Appeals, this condition may be modified to
require the owner to permit the County at its own expense to install,
operate and maintain the necessary markings and lights.
Fees shall be charged by the County for permit and variance applications and processing and for the filing of appeals to the Airport Board of Appeals consistent with such fees in the County's Land Use Regulations and Zoning Ordinance as set forth in Chapter 179, Fees and Permits, Article XI, as amended.
A.
This article shall be enforced by the Community Development Director,
the Airport Manager and County codes enforcement.
B.
Each violation of this article or of any regulation, order or ruling
promulgated under its authority shall constitute a misdemeanor and
is punishable by a fine of not more than $100 or imprisonment for
not more than 90 days, or both such fine and imprisonment. Each day
a violation exists may be considered a separate offense.
C.
In addition, the County may institute in any court of competent jurisdiction
an action to prevent, restrain, correct or abate any violation of
this article or of any order or ruling made in connection with the
administration and enforcement this article.
A.
Any person aggrieved or any other officer or department of the County
affected by any decision of Community Development Director may appeal
such decision to the Airport Board of Appeals.
B.
Appeals must be taken within 30 days of the decision being appealed
by filing a notice of appeal in writing with the Community Development
Director, with a copy to the Airport Manager, specifying the grounds
for the appeal, the right of the person to appeal and how the person
appealing is negatively affected by the decision. Within 30 days of
the receipt of a notice of appeal, the Community Development Director
shall transmit to the Airport Board of Appeals all of the papers constituting
the record upon which the decision appealed from was made.
[Amended 9-27-2011 by Ord. No. 235-2011]
C.
An appeal shall stay all proceedings in furtherance of the decision
appealed from, unless the Community Development Director from whom
the appeal was taken certifies to the Airport Board of Appeals, after
the notice of appeal has been filed, that by reason of the facts stated
in the certification a stay would cause imminent peril to life or
property. In such a case, the decision shall not be stayed except
by a restraining order granted by the Airport Board of Appeals or
by a court of competent jurisdiction on notice to the Community Development
Director and on due cause shown.
D.
The Airport Board of Appeals shall set a public hearing for the appeals
within 60 days of the filing of the notice of appeals and shall decide
the appeal within 30 days of the conclusion of the appeal hearing.
Upon the hearing, any party may appear in person or by agent or by
attorney.
[Amended 9-27-2011 by Ord. No. 235-2011]
E.
The Airport Board of Appeals may, by a majority vote of the members
present and voting and in conformity with the provisions of this article,
reverse, or affirm, in whole or in part, or modify the decision or
order or determination made by the Community Development Director,
and to that end, the Board shall have all the powers of the Community
Development Director from which the appeal was taken.
A.
Any person aggrieved by a decision of the Airport Board of Appeals,
any taxpayer or any officer or department of the County may file an
appeal pursuant to the provisions of NMSA § 39-3-1.1.
B.
Costs shall not be allowed against the Airport Board of Appeals unless
it appears to the court that the Board acted with gross negligence,
in bad faith or with malice in making the decision appealed from.
A.
In addition to the remedies provided for in § 125-12 above, the County may, whenever in its judgment any structure or object located adjacent to the Airport or landing field constitutes a hazard to the efficient and safe use of the Airport or landing field, require the removal and elimination or relocation of such structure or object and may acquire all necessary lands or rights-of-way and easements over lands incidental to such removal, elimination or relocation upon payment to the owner of any land that may be affected thereby and the damages, if any, that may be occasioned by such removal, elimination or relocation.
B.
Further, in addition to the remedies provided for in § 125-12 above and in Subsection A of this section, the County may, when it desires to remove, lower or otherwise terminate a nonconforming use, or when it finds that it cannot provide adequate Airport approach protection by the application of the regulations set out in this article or when it determines that it is more advisable to provide Airport approach protection by the acquisition of property rights rather than by Airport regulation, acquire by purchase, grant or condemnation in the manner provided by law real property for public purposes, such as an air right, easement or other estate in the property or nonconforming use in question as may be necessary to effectuate the purposes of this article.
