[HISTORY: Adopted by the Board of County Commissioners of
Otero County 1-29-1974 by Ord. No. 74-01. Amendments noted where
applicable.]
STATE LAW REFERENCES
Municipal Airport Zoning Law — See NMSA 1978,
§§ 3-39-16 through 3-39-26.
This chapter shall be known and may be cited as the "Alamogordo
Municipal Airport Hazards Zoning Ordinance."
As used in this chapter, unless the context otherwise requires,
the following terms shall have the meanings indicated:
The Alamogordo Municipal Airport Alamogordo, Otero County,
New Mexico.
The established elevation of the highest point on the usable
landing area, which is 4,197 feet, MSL.
Any structure or object of natural growth located on or in
the vicinity of the airport, or any use of land near the airport,
which obstructs the air space required for the flight of aircraft
in landing or takeoff at such airport or is otherwise hazardous to
such landing or takeoff of aircraft.
The Otero County-Alamogordo Airport Zoning Board established
by Ordinance No. 508 adopted by the governing body of the City of
Alamogordo on the 13th day of November, 1973, and by Ordinance No.
73-1 adopted by the Board of County Commissioners of Otero County
on the 29th day of November, 1973,[1] as provided in NMSA 1953, § 14-40-20B.[2]
For the purpose of determining the height limits in all zones
set forth in this chapter and shown on the Zoning Map[3], the datum shall be mean sea level elevation unless otherwise
specified.
Any structure, tree, or use of land which is lawfully in
existence at the time the regulation is prescribed in this chapter
or an amendment thereto becomes effective, and which is inconsistent
with the provisions of this chapter or an amendment 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 nonprecision
instrument approach procedure has been approved or planned, and for
which no precision approach facilities are planned or indicated on
an FAA planning document or military service's military airport
planning document.
An individual, firm, partnership, corporation, company, association,
joint stock association, or governmental entity. It includes the trustee,
receiver, assignee, or similar representative of any of them.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an FAA approved airport layout
plan; a military service's approved military airport layout plan;
any other FAA planning document, or military service's military airport
planning document.
A surface longitudinally centered on a runway. When the runway
has a specially prepared hard surface, the primary surface extends
200 feet beyond each end of that runway; but when the runway has no
specially prepared hard surface, or planned hard surface, the primary
surface ends at each end of that runway. The width of the primary
surface of a runway will be that width prescribed in Part 77 of the
Federal Aviation regulations for the most precise approach existing
or planned for either end of that runway. The elevation of any point
on the primary surface is the same as the elevation of the nearest
point on the runway center line.
The defined area on the airport prepared for landing and
takeoff of aircraft along its length.
An object constructed or installed by man, including, but
not limited to, building, towers, smokestacks, earth formations and
overhead transmission lines.
Any object of natural growth.
In order to carry out the provisions of this chapter, there
is hereby created and established certain zones which include all
of the land lying within the precision instrument runway approach
to the zone, transition zones, horizontal zone and conical zone. Such
areas and zones are shown on the Alamogordo Municipal Airport Zoning
Map, consisting of one sheet, prepared by Quinton Daniel, the City
Engineer, Alamogordo, New Mexico, and dated December 1, 1972, which
is hereby made a part hereof.[1] The various zones are hereby established and defined as
follows:
A.
Runway larger than utility with a visibility minimum as low as 3/4
mile nonprecision 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 being the continuation of the
center line of the runway.
B.
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 5,000 feet, 50,000
feet from the primary surface, its center line being the continuation
of the center line of the runway.
C.
Transition zones. Transition zones are hereby established adjacent
to each nonprecision instrument runway and precision instrument runway
and approach zone as indicated on the Zoning Map. Transition zones
symmetrically located on either side of runways have variable width
as shown on the Zoning Map. Transition zones extend outward from a
line 500 feet (nonprecision instrument) and 500 feet (precision instrument)
on either side of the center line of the nonprecision or precision
instrument runway for the length of such runway plus 200 feet on each
end, and are parallel and level with such runway center lines. The
transition zones along such runways slope upward and outward one foot
vertically for each seven feet horizontally to the point where they
intersect the surface of the horizontal zone. Further, transition
zones are established adjacent to noninstrument approach zones for
the entire length of the approach zone. These transition zones have
variable widths as shown on the Zoning Map. Such transition zones
flare symmetrically with either side of the runway approach zone from
the base of such zone, and slope upward and outward at the rate of
one foot vertically for each seven feet horizontally to the point
where they intersect the surface of the horizontal and conical zones.
Transition zones for those portions of the precision instrument approach
zones 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 zones and at 90° angles to the extended runway
center line.
D.
Horizontal zone. A horizontal zone is hereby established by swinging
arcs of ten-thousand-foot radii from the center of each end of the
primary surface of each runway, and connecting the adjacent arcs by
drawing a line tangent to those arcs. The horizontal zone does not
include the approach and transition zones.
E.
Conical zone. A conical zone is hereby established as the area that
commences at the periphery of the horizontal zone and extends outward
and upward therefrom at a slope of 20:1 a distance of 4,000 feet.
The conical zone does not include the precision instrument approach
zone and the transition zone.
[1]
Editor's Note: The Airport Zoning Map is on file in the City
of Alamogordo offices.
Except as otherwise provided in this chapter, no structure or
tree shall be erected, altered, allowed to grow, or be maintained
in any zone created by this chapter to a height in excess of the applicable
height limit herein established for such zone. Such applicable height
limitations are hereby established for each of the zones in question
as follows:
A.
Runway larger than utility with a visibility minimum as low as 3/4
mile nonprecision instrument approach zone: slopes upward 34 feet
horizontally for each foot vertically 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.
B.
Precision instrument runway approach zone: slopes upward 50 feet
horizontally for each foot vertically, 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; 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.
C.
Transition zones:
(1)
Slope upward and outward seven feet horizontally for each foot vertically
beginning at the sides of and at the same elevation as the primary
surface and the approach zones, and extending to a height of 150 feet
above the airport elevation, which is 4,197 feet above mean sea level.
(2)
In addition to the foregoing, there are established height limits
sloping upward and outward seven feet horizontally for each foot vertically
beginning at the sides of and at the same elevation as the approach
zones and extending to where they intersect the conical surface. Where
the precision instrument runway approach zone projects beyond the
conical zone, height limits sloping upward and outward seven feet
horizontally for each foot vertically shall be maintained beginning
at the sides of and at the same elevation as precision instrument
runway approach surface, and extending to a horizontal distance of
5,000 feet measured at 90° angles to the extended runway center
line.
D.
Horizontal zone: 150 feet above the airport elevation or a height
of 4,347 feet above mean sea level.
E.
Conical zone: slopes upward and outward 20 feet horizontally for
each foot vertically 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.
F.
Excepted height limitations. Nothing in this chapter shall be construed
as prohibiting the growth, construction, or maintenance of any tree
or structure to a height up to 50 feet above the surface of the land.
G.
Conflicting height limitations. Where an area is covered by more
than one height limitation, the more restrictive limitation shall
prevail.
Notwithstanding any other provisions of this chapter, no use
may be made of land within any zone established by this chapter in
such a manner as to create electrical interference with navigational
signals or radio communication between the airport and the aircraft,
make it difficult for pilots to distinguish between airport lights
and others, result in glare in the eyes of pilots using the airport,
impair visibility in the vicinity of the airport or otherwise in any
way create a hazard or endanger the landing, takeoff, or maneuvering
of aircraft intending to use the airport.
A.
Regulations not retroactive. The regulations prescribed in this chapter
shall not be construed to require the removal, lowering, or other
changes or alterations of any structure or tree not conforming to
the regulations as of the effective date of this chapter, or otherwise
interfere with the continuance of a nonconforming use. Nothing contained
herein shall require any change in the construction, alteration, or
intended use of any structure, the construction or alteration of which
was begun prior to the effective date of this chapter, and is diligently
prosecuted.
B.
Marking and lighting. Notwithstanding the preceding provision of
this section, the owner of any nonconforming structure or tree is
hereby required to permit the installation, operation and maintenance
thereon of such markers and lights as shall be deemed necessary by
the administrative agency to indicate to the operators of aircraft
in the vicinity of the airport the presence of such airport hazards.
Such markers and lights shall be installed, operated, and maintained
at the expense of the City of Alamogordo, New Mexico.
A.
Future uses.
(1)
Except as specifically provided in Subsection A(1)(a), (b) and (c) hereunder, no material change shall be made in the use of the land, and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purposes for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.
(a)
In the area lying within the limits of the horizontal zone and
the conical zone, but not within the limits of a precision instrument
or nonprecision approach zone or transition zone, no permit shall
be required for any tree or structure less than 150 feet of vertical
height above the airport elevation, except when, because of terrain,
land contour or topographic features, such tree or structure would
extend above the height limits prescribed for such zones.
(b)
In the areas lying within the limits of the nonprecision instrument
approach zone, but at a horizontal distance of not less than 2,500
feet from each end of the runways, no permit shall be required for
any tree or structure less than 75 feet of vertical height above the
established airport elevation, except when, because of terrain, land
contour or topographic features, such tree or structure would extend
above the height limits prescribed for such zones.
(c)
In the areas lying within the limits of the precision instrument
approach zone, but at a horizontal distance of not less than 3,750
feet from each end of the runways, no permit shall be required for
any tree or structure less than 75 feet of vertical height above the
established airport elevation, except when, because of terrain, land
contour, or topographic features, such tree or structure would extend
above the height limits prescribed for such zone.
(d)
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 topographic features would extend above the height
limit prescribed for such transition zones.
B.
Existing uses. No permit shall be granted that would allow the establishment
or creation of an airport hazard or permit a nonconforming use, structure
or tree to become a greater hazard to air navigation than it was on
the effective date of this chapter or any amendments thereto, or than
it was when the application for a permit is made. Except as indicated,
all applications for such a permit shall be granted.
C.
Nonconforming uses abandoned or destroyed. Whenever the administrative
agency determines that a nonconforming tree or structure has been
abandoned or more than 80% torn down, physically deteriorated, or
decayed, no permit shall be granted that would allow such structure
or tree to extend the applicable height limit or otherwise deviate
from the zoning regulations.
D.
Variances. Any person desiring to erect or increase the height of
any structure, or permit the growth of any tree, or use his property
not in accordance with the regulations prescribed in this chapter,
may apply to the Board of Appeals for a variance from such regulations.
Such variances shall be allowed where it is duly found that a literal
application or enforcement of the regulations would result in practical
difficulty or unnecessary hardship and relief granted would not be
contrary to the public interests, but will do substantial justice
and be in accordance with the spirit of this chapter.
E.
Hazard marking and lighting. Any permit or variance granted may,
if such action is deemed advisable to effectuate the purpose of this
chapter and be reasonable in the circumstances, be so conditioned
as to require the owner of the structure or tree in question to permit
the City of Alamogordo, at its own expense, to install, operate and
maintain thereon, such markers and lights as may be necessary to indicate
to pilots the presence of an airport hazard.
The governing body of the City of Alamogordo, New Mexico, is
hereby designated the administrative agency or administrative officer.
It shall be the duty of the administrative agency or officer to administer
or enforce the regulations prescribed herein. Applications for permits
shall be made to the administrative agency upon a form furnished by
it. Applications required by this chapter to be submitted to the administrative
agency shall be promptly considered and granted or denied by it. Applications
for action by the Board of Appeals shall be forthwith transmitted
by the administrative agency.
A.
There is hereby created a Board of Appeals to exercise the following
powers:
(1)
To hear and decide appeals from any order, requirement, decision,
or determination made by the administrative agency or officer in the
enforcement of this chapter.
(2)
To hear and decide special exceptions to the terms of this chapter
upon which such Board of Appeals under such regulations may be required
to pass.
(3)
To hear and decide specific variances. The Alamogordo-Otero County
Airport Zoning Board is hereby designated and appointed the Board
of Appeals.
B.
The Board of Appeals shall adopt rules for its governance and procedure
in harmony with the provisions of this chapter. Meetings of the Board
shall be held at the call of the Chairman and at such other times
as the Board of Appeals may determine. The Chairman, or in his absence,
the acting Chairman, may administer oaths and compel the attendance
of witnesses. All hearings of the Board shall be published. The Board
shall keep minutes of its proceedings showing the vote of each member
upon each question, or his absence or failure to vote, indicating
such fact, and shall keep records of its examinations and other official
actions, all of which shall immediately be filed in the office of
the administrative agency and shall be a public record.
C.
The Board of Appeals shall make written findings of fact and conclusions
of law giving the facts upon which it acted and its legal conclusion
from such fact in reversing, affirming, or modifying any order, requirement,
decision, or determination which comes before it under the provisions
of this chapter.
D.
The concurring vote of a majority of the members of the Board shall
be sufficient to reverse an order, requirement, decision or determination
of the administrative agency or decide in favor of the applicant upon
any matter in which it is required to pass under this chapter or to
effect any variation in this chapter.
A.
Any person aggrieved, or any taxpayer affected, by any decision of
the administrative agency made in its administration of this chapter
may appeal to the Board of Appeals.
B.
All appeals hereunder must be taken within a reasonable time as provided
by the rules of the Board of Appeals, by filing with the administrative
agency a notice of appeal specifying the grounds thereof. The administrative
agency shall forthwith transmit to the Board of Appeals all the papers
constituting the record upon which the action appealed from was taken.
C.
An appeal shall stay all proceedings in furtherance of the action
appealed from, unless the administrative agency certifies to the Board,
after the notice of appeal has been filed with it, that by reason
of the fact stated in the certificate a stay would, in its opinion,
cause imminent peril to life or property. In such case, proceedings
shall not be stayed except by order of the Board on notice to the
agency from which the appeal is taken and on due cause shown.
D.
The Board of Appeals shall fix a reasonable time for hearing appeals,
give public notice and due notice to the parties in interest, and
decide the same within a reasonable time. Upon the hearing, any party
may appear in person or by an agent or by an attorney.
E.
The Board of Appeals may, in conformity with the provisions of this
chapter, reverse or affirm, in whole or in part, or modify the order,
requirement, decision or determination appealed from, and may make
such order, requirement, decision or determination as may be appropriate
under the circumstances.
Any person aggrieved, or any taxpayer affected by any decision
of the Board of Appeals, may appeal to the District Court as provided
in NMSA 1953, § 14-40-21.[1]
[1]
Editor's Note: See now NMSA 1978, § 3-39-23.
Each violation of this chapter or of any regulation, order,
or ruling promulgated hereunder shall constitute a misdemeanor and
be punishable by a fine of not more than $100 or imprisonment for
not more than 90 days, or both such fine and imprisonment, and each
day a violation continues to exist shall constitute a separate offense
as provided by NMSA 1953, § 14-40-22.[1]
[1]
Editor's Note: See now NMSA 1978, § 3-39-24.
Where there exists a conflict between any one of the regulations
or limitations described in this chapter, and any other regulations
applicable to the same area, whether the conflict be with respect
to the height of the structure or trees, the use of land, or any other
matter, the more stringent limitation or requirement shall govern
and prevail.
