These regulations shall be known as the “Lubbock Preston
Smith International Airport Hazard Area Zoning Regulations.”
(Ordinance 2017-O0014 adopted 2/9/2017)
Unless the context requires otherwise, throughout this division:
(1)
Airport
means the Lubbock Preston Smith
International Airport and all related installations used in the interest
of the public for flights, including any installation, facility, or
base of operations for tracking flights or acquiring data concerning
flights.
(2)
Airport elevation
means the established
elevation of the highest point on any existing or planned runway at
the airport, being three thousand two hundred eighty-two and four-tenths
feet above mean sea level (3,282.4' FMSL).
(3)
Approach surface
means a surface longitudinally
centered on an extended runway centerline, extending outward and upward
from each end of the primary surface and at the same slope as the
approach zone height limitation slope set forth in these regulations
and with its perimeter coinciding with the perimeter of the approach
zone.
(4)
Airport hazard
means a structure, or
object of natural growth, that obstructs the air space required for
the taking off, landing, and flight of aircraft or that interferes
with visual, radar, radio, or other systems for tracking, acquiring
data relating to, monitoring, or controlling aircraft.
(5)
Airport hazard area
means any area
of land or water on which an airport hazard could exist.
(6)
Airport hazard area zoning appeals board
means the City of Lubbock Zoning Board of Adjustment acting under
the authority granted to it under these regulations.
(7)
Airport hazard area zoning commission
means the City of Lubbock Planning and Zoning Commission acting under
the authority granted to it under these regulations.
(8)
Airport hazard area zoning map
means
the Lubbock Preston Smith International Airport Hazard Zoning Map
consisting of one (1) sheet, prepared by Coffman Associates, and dated
April 2016 which is hereby made a part of these regulations, kept
on file with the city secretary of the City of Lubbock and the City
of Lubbock Planning Department, and included in the official Lubbock
Preston Smith International Airport Layout Plan 14 CFR part 77 drawing.
(9)
Board
means the airport hazard area
zoning appeals board.
(10)
Centerline
means a line extending through
the midpoint of each end of a runway.
(11)
City
means the City of Lubbock, Texas.
(12)
Commission
means the airport hazard
area zoning commission.
(13)
Conical surface
means a surface extending
outward and upward from the periphery of the horizontal surface at
a slope of twenty feet (20') horizontally for each one foot (1') vertically
for a horizontal distance of four thousand feet (4,000').
(14)
FMSL
means feet above mean sea level.
(15)
Height
means the distance above mean
sea level elevation as measured in feet.
(16)
Horizontal surface
means the horizontal
plane one hundred fifty feet (150') above the airport elevation that
shall coincide with the perimeter of the horizontal zone.
(17)
Instrument runway
means an existing
or planned runway of at least three thousand two hundred feet (3,200')
for which an instrument landing procedure published by a defense agency
of the federal government or the Federal Aviation Administration exists
or is planned.
(18)
Nonconforming use
means any land use,
including a structure or tree, which is inconsistent with the provisions
of these regulations and which is in existence as of the effective
date of these regulations.
(19)
Nonprecision instrument runway
means
a runway having an existing instrument approach procedure utilizing
air navigation facilities or other equipment that provides only horizontal
guidance or area type navigation equipment. This also includes a runway
for which a nonprecision instrument approach procedure has been approved
or planned. Runway 8 at the airport shall be considered a nonprecision
instrument runway.
(20)
Other than utility runway
means a runway
designed for, and intended to be used by, propeller-driven aircraft
of more than twelve thousand five hundred pounds (12,500 lbs.) maximum
gross weight and jet-powered aircraft. Runways 17R-35L and 8-26 at
the airport shall be considered other than utility runways.
(21)
Person
means an individual, firm, partnership,
corporation, company, association, joint stock association, or body
politic, including a trustee, receiver, assignee, administrator, executor,
guardian, or other representative.
(22)
Precision instrument runway
means a
runway having an existing instrument approach procedure utilizing
air navigation facilities or other equipment that provide both horizontal
and vertical guidance. This also includes a runway for which a precision
instrument approach procedure has been approved or planned. Runways
17, 35, and 26 at the airport shall be considered precision instrument
runways.
(23)
Primary surface
means a one thousand
foot (1,000') surface longitudinally centered on a runway extending
the full length of the runway configuration plus two hundred feet
(200') beyond each end of the runway. The elevation of any point on
the primary surface shall be considered the same as the nearest point
on the centerline.
(24)
Regulations
means these Lubbock Preston
Smith International Airport Hazard Area Zoning Regulations.
(25)
Runway
means the defined area at the
airport prepared for the landing and taking off of aircraft along
its length. The length of runway 17-35 at the airport is eleven thousand
five hundred feet (11,500'). The length of runway 8-26 at the Airport
is eight thousand three feet (8,003').
(26)
Structure
means an object constructed
or installed by one or more persons and includes, but is not limited
to, a building, tower, crane, smokestack, pole, earth formation, and
overhead transmission line.
(27)
Transitional surface
means the area
extending outward perpendicular to the centerline from the edges of
the primary surface and the approach surface at a slope of seven feet
(7') horizontally for each one foot (1') vertically to where it intersects
the horizontal surface. The transitional surface for that portion
of the approach surface that extends through and beyond the limits
of the conical surface extends at a slope of seven feet (7') horizontally
for each one foot (1') vertically for a distance of five thousand
feet (5,000') measured horizontally from the edge of the approach
surface and perpendicular to the centerline. Transitional surfaces,
symmetrically located on either side a runway, have variable widths
as depicted on airport hazard area zoning map.
(28)
Tree
means any type of flora or object
of natural growth.
(29)
Zone
means an approach, conical, horizontal,
or transitional zone as more particularly described in these regulations.
(Ordinance 2017-O0014 adopted 2/9/2017)
The City of Lubbock Planning and Zoning Commission is hereby
designated as the Airport Hazard Area Zoning Commission and shall:
(1)
Administer and enforce these regulations, and
(2)
Shall hear and decide all applications for permits under these regulations.
(Ordinance 2017-O0014 adopted 2/9/2017)
(a)
The City of Lubbock Zoning Board of Adjustment is hereby designated
as the airport hazard area zoning appeals board for the purposes of
these regulations and shall have and exercise the following powers:
(1)
To hear and decide an appeal from an order, requirement, decision,
or determination made by the commission in the administration or enforcement
of these regulations;
(2)
To hear and decide special exceptions to the terms of these regulations
when the board may be required to do so; and
(3)
To hear and decide specific variance requests from these regulations.
(b)
The board shall make written findings of fact and conclusions of
law stating the facts upon which it relied when making its legal conclusions
in reversing, affirming, or modifying any order, requirement, decision,
or determination that comes before it under the provisions of these
regulations.
(Ordinance 2017-O0014 adopted 2/9/2017)
In order to carry out the provisions of these regulations, there
are hereby created and established certain zones that include all
of the land lying beneath the approach surfaces, conical surfaces,
horizontal surfaces, and transitional surfaces at the airport as well
as any airport hazard area. Such surfaces are shown on the airport
hazard area zoning map. An area located in more than one of the following
zones is considered to be only in the zone with the more restrictive
height limitation.
(1)
Approach zone.
An approach zone is hereby established
beneath the approach surface at each end of runways 17-35 and 8-26
at the airport.
(A)
Precision instrument approach zone.
Precision instrument
runways 17, 35, and 26 shall have an approach surface with an inner
edge width of one thousand feet (1,000'), coinciding with the width
of the primary surface, at a distance of two hundred feet (200') beyond
the end of each runway, thereafter uniformly widening to sixteen thousand
feet (16,000') at a horizontal distance of fifty thousand feet (50,000')
beyond the end of the primary surface. The overall length for the
precision instrument approach zone is fifty thousand feet (50,000').
(B)
Nonprecision instrument approach zone.
Nonprecision
instrument runway 8 shall have an approach surface with an inner edge
width of one thousand feet (1,000'), coinciding with the width of
the primary surface, at a distance of two hundred feet (200') beyond
the end of each runway, thereafter uniformly widening to four thousand
feet (4,000') at a horizontal distance of ten thousand feet (10,000')
beyond the end of the primary surface. The centerline of the approach
surface is the continuation of the centerline.
(2)
Conical zone.
A conical zone is hereby established beneath
the conical surface at the airport that extends outward from the periphery
of the horizontal surface for a horizontal distance of four thousand
feet (4,000').
(3)
Horizontal zone.
A horizontal zone is hereby established
along the horizontal surface at the airport which is a plane one hundred
fifty feet (150') above the airport elevation, the perimeter of which
is constructed by swinging arcs of ten thousand feet (10,000') radii
from the center of each end of the primary surface and connecting
the adjacent arcs by lines tangent to those arcs.
(4)
Transitional zone.
A transitional zone is hereby established
along the transitional surface at the airport where the precision
instrument runway approach surface projects through and beyond the
conical surface at runways 17, 26, and 35 at the airport. The transitional
zone begins at the side of, and at the same elevation as, the approach
surface and extends outward for a horizontal distance of five thousand
feet (5,000') perpendicular to the centerline.
(Ordinance 2017-O0014 adopted 2/9/2017)
Except as may be otherwise provided in these regulations, no
structure and no tree shall be allowed to exceed the applicable height
limitations established for each zone.
(1)
Approach zone height limitation.
(A)
Precision instrument approach zone height limitation.
Precision instrument runways 17, 35, and 26 shall have a height limitation
at a slope of one foot (1') in height for each fifty feet (50') in
horizontal distance beginning at the end of, and at the same elevation
as, the primary surface and extending to a point ten thousand feet
(10,000') beyond the end of the primary surface, then outward another
forty thousand feet (40,000') at a slope of one foot (1') in height
for each forty feet (40') in horizontal distance.
(B)
Nonprecision instrument approach zone height limitation.
Nonprecision instrument runway 8 shall have a height limitation at
a slope of one foot (1') in height for each thirty-four feet (34')
in horizontal distance beginning at the end of, and at the same elevation
as, the primary surface and extending to a point ten thousand feet
(10,000') beyond the end of the primary surface.
(2)
Conical zone height limitation.
The conical zone shall
have a height limitation at a slope of one foot (1') in height for
each twenty feet (20') in horizontal distance beginning at the periphery
of the horizontal zone and at one hundred fifty feet (150') above
the airport elevation and extending to a height of three hundred fifty
feet (350') above the airport elevation, being a height of three thousand
six hundred thirty-two feet above mean sea level (3,632' FMSL).
(3)
Horizontal zone height limitation.
The horizontal zone
shall have a height limitation of one hundred fifty feet (150') above
the airport elevation, being a height of three thousand four hundred
thirty-two and four-tenths feet above mean sea level (3,432.4' FMSL).
(4)
Transitional zone height limitation.
The transitional
zone shall have a height limitation at a slope one foot (1') in height
for each seven feet (7') in horizontal distance beginning at the side
of, and at the same elevation as, the primary surface and the approach
surface.
(Ordinance 2017-O0014 adopted 2/9/2017)
Except as otherwise provided in these regulations, no use may
be made of land or water within any zone in such a manner as to:
(1)
Create an electrical interference with navigational signals or radio
communications between the airport and aircraft;
(2)
Make it difficult for pilots to distinguish between airport and non-airport
lights;
(3)
Result in glare in the eyes of pilots using the airport;
(4)
Impair visibility in the vicinity of the airport;
(5)
Create the potential for bird strike hazards; or
(6)
Otherwise endanger or interfere with the landing, taking off, or
maneuvering of aircraft intending to use the airport.
(Ordinance 2017-O0014 adopted 2/9/2017)
(a)
Nothing in these regulations shall be construed as requiring changes
in, or interference with, any nonconforming use.
(b)
Nothing in these regulations shall be construed as to require the
removal, lowering, or other change to any existing nonconforming use
structure, including all phases or elements of a multiphase structure,
the construction of which was begun prior to the date of adoption
of these regulations.
(c)
Nothing in these regulations shall be construed as to require the
removal of any nonconforming use tree. However, any nonconforming
use tree that grows higher than it was as of the date of adoption
of these regulations shall be required to satisfy the height limitations
of the zone in which the tree is located.
(Ordinance 2017-O0014 adopted 2/9/2017)
(a)
The commission must receive an application for a permit by any person
who, within a zone established by these regulations, desires to:
(b)
Subject to the prohibitions listed in this section, the commission
shall not unreasonably withhold any permit applied for under this
section.
(c)
No permit shall be granted by the commission which would allow:
(1)
The establishment of an airport hazard;
(2)
A nonconforming use to be made;
(3)
A nonconforming use or nonconforming tree to exceed the height that
it had as of the date of adoption of these regulations; or
(4)
A nonconforming use to become a greater airport hazard than it was
as of the date of adoption of these regulations.
(d)
Any permit granted may, at the discretion of the commission and at
the expense of the city, impose a reasonable requirement to allow
the installation and maintenance of any markers or lights as may be
necessary to indicate the presence of an airport hazard.
(Ordinance 2017-O0014 adopted 2/9/2017)
(a)
A person who desires to erect or increase the height of a structure,
establish or allow the growth of any tree in excess of the height
limitations of the zone in which the tree is located, or otherwise
use property in violation of these regulations, may apply to the board
for a variance from these regulations.
(b)
The board shall allow a variance when the board finds that:
(1)
A literal application or enforcement of these regulations will result
in practical difficulty or unnecessary hardship; and
(c)
The application for variance must be accompanied by a determination
from the Federal Aviation Administration under 14 CFR part 77 as to
the effect the proposed variance will have on the operation of the
airport and the affected zones.
(d)
Any variance granted by the board may impose any reasonable conditions
as may be necessary to accomplish the purpose of these regulations.
(Ordinance 2017-O0014 adopted 2/9/2017)
(a)
A decision of the commission made in its administration of these
regulations may be appealed to the board by:
(1)
Any person aggrieved by the decision;
(2)
Any taxpayer affected by a decision; or
(3)
The governing body of a political subdivision that believes the decision
is an improper application of these regulations, including the governing
bodies of the City of Idalou, the City of New Deal, the City of Abernathy,
and Lubbock County, Texas.
(b)
Within a reasonable time as provided by the rules of the board, an
appellant must file with the board and the commission a notice of
appeal that specifies the grounds for the appeal. Upon receipt of
the notice of appeal, the commission shall immediately transmit to
the board all papers constituting the record of the action that was
appealed.
(c)
An appeal shall stay all proceedings in furtherance of the action
that is appealed unless the commission certifies in writing to the
board that by reason of the facts stated in the certificate, a stay
would, in the opinion of the commission, cause imminent peril to life
or property. In such case, the proceedings may be stayed only by order
of the board upon notice to the commission and if due cause is shown.
(d)
The board shall fix a reasonable time for the appeal hearing and
shall give public notice and due notice to the parties in interest.
At the appeal hearing, a party may appear in person, by agent, or
by attorney. The board shall decide the appeal within a reasonable
time.
(e)
The board may reverse or affirm, in whole or in part, or modify the
commission’s order, requirement, decision, or determination
from which an appeal is taken and make the correct order, requirement,
decision, or determination, and for that purpose, the board has the
same authority as the commission.
(Ordinance 2017-O0014 adopted 2/9/2017)
Subject to the provisions of chapter 241 of the Texas Local
Government Code, any person aggrieved or any taxpayer affected by
a decision of the board that believes a decision of the board is illegal,
may present to a court of record a verified petition stating that
the decision of the board is illegal in whole or in part and specifying
the grounds of the illegality. The petition must be presented within
ten (10) days after the date the decision is filed by the board. This
same right of appeal is extended to the governing bodies of the City
of Idalou, the City of New Deal, the City of Abernathy, and Lubbock
County, Texas, and to the City of Lubbock.
(Ordinance 2017-O0014 adopted 2/9/2017)
Subject to the provisions of chapter 241 of the Texas Local
Government Code, the governing bodies of the City of Lubbock, the
City of Idalou, the City of New Deal, the City of Abernathy, and Lubbock
County, Texas, may institute in a court of competent jurisdiction
an action to prevent, restrain, correct, or abate any violation of
these regulations or of any order or ruling made in connection with
their administration or enforcement including, but not limited to,
an action for injunctive relief.
(Ordinance 2017-O0014 adopted 2/9/2017)
Where there exists a conflict between any of these regulations
or limitations prescribed herein and any other regulation applicable
to the same area, the more stringent limitation or requirement shall
control.
(Ordinance 2017-O0014 adopted 2/9/2017)
Any action brought forth by any person, taxpayer, or applicable
governing body as a result of the administration, enforcement, or
contesting of these regulations will be in accordance and subject
to the provisions of chapter 241 of the Texas Local Government Code
and all other applicable federal, state, and local laws.
(Ordinance 2017-O0014 adopted 2/9/2017)
