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:
AIRPORT
The Alamogordo Municipal Airport Alamogordo, Otero County,
New Mexico.
AIRPORT ELEVATION
The established elevation of the highest point on the usable
landing area, which is 4,197 feet, MSL.
AIRPORT HAZARD
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.
BOARD OF APPEALS
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, as provided in NMSA 1953, § 14-40-20B.
HEIGHT
For the purpose of determining the height limits in all zones
set forth in this chapter and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise
specified.
NONCONFORMING USE
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.
NONPRECISION INSTRUMENT RUNWAY
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.
PERSON
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.
PRECISION INSTRUMENT RUNWAY
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.
PRIMARY SURFACE
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.
RUNWAY
The defined area on the airport prepared for landing and
takeoff of aircraft along its length.
STRUCTURE
An object constructed or installed by man, including, but
not limited to, building, towers, smokestacks, earth formations and
overhead transmission lines.
TREE
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. 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.
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.
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.
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.
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.
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.