7-1.1 This Article
is intended to regulate height obstructions and other hazards to air
navigation in the vicinity of Majors Field Airport, pursuant to the
authority conferred by Article 46e-3, Vernon’s Texas Civil Statutes.
(Ordinance 08-059, ex. A, adopted 5/27/08)
7-2.1 Unless
otherwise expressly stated, or unless the context clearly indicates
a different meaning, the words and phrases defined in this Section
shall for the purposes of this Article have the meanings indicated.
1. AIRPORT:
Majors Field Airport, the same being the municipal airport of
the City of Greenville, Texas.
2. AIRPORT
ADVISORY BOARD:
The Airport Advisory Board as appointed
by the City Council of the City of Greenville, as provided for in
the City Charter of the City of Greenville, Texas.
3. AIRPORT
ELEVATION:
The highest point of an airport’s usable
landing area measured in feet from mean sea level.
4. AIRPORT
HAZARD:
Any structure or tree or use of land which obstructs
the air space required for the flights of aircraft or which obstructs
or interferes with the control or tracking and/or data acquisition
in the landing, taking off or flight at an airport, or at any installation
or facility relating to flight, and tracking and/or data acquisition
of the flight craft; hazardous, interfering with or obstructing such
landing, taking off or flight of aircraft, or which is hazardous to
or interferes with tracking and/or data acquisition pertaining to
flight and flight vehicles.
5. AIRPORT
HAZARD AREA:
Any area of land or water upon which an
airport hazard might be established if not prevented as provided in
this Article.
6. AIRPORT
REFERENCE POINT:
The point established as the approximate
geographic center of the airport landing area and so designated.
7. APPROACH
SURFACE:
A surface longitudinally centered on the extended runway centerline, 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 Section
7-4 of this Article. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
8. CONICAL
SURFACE:
A surface extending outward and upward from
the periphery of the horizontal surface at a slope of twenty (20)
to one (1) for a horizontal distance of four thousand (4,000) feet.
9. HAZARD
TO AIR NAVIGATION:
An obstruction determined to have
a substantial adverse effect on the safe and efficient utilization
of the navigable airspace.
10. HEIGHT:
For the purpose of determining the height limits in all zones
set forth in this Article and shown on the Airport Zoning Map, the
datum shall be mean sea level elevation unless otherwise specified.
11. HELIPORT
PRIMARY SURFACE:
The area of the primary surface 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 established heliport elevation.
12. HORIZONTAL
SURFACE:
A horizontal plane one hundred fifty (150) feet
above the established airport elevation, the perimeter of which in
plan coincides with the perimeter of the horizontal zone.
13. LANDING
AREA:
The surface area of the Airport used for the landing,
takeoff or taxiing of aircraft.
14. LARGER
THAN UTILITY RUNWAY:
A runway that is constructed for
and intended to be used by propeller driven aircraft of greater than
twelve thousand five hundred (12,500) pounds maximum gross weight
and jet-powered aircraft.
15. NONCONFORMING
USE:
Any pre-existing structure, object of natural growth,
or use of land which is inconsistent with the provisions of this Article
or an amendment thereto.
16. 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.
17. OBSTRUCTION:
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section
7-4 of this Article.
18. PERSON:
An individual, firm, partnership, corporation, company, association,
joint stock association, or body politic, and includes a trustee,
receiver, assignee, administrator, executor, guardian, or other representative.
19. 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 approved
airport layout plan or any other planning document.
20. PRIMARY
SURFACE:
A surface longitudinally centered on a runway.
When the runway has a specially prepared hard surface, the primary
surface extends two hundred (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 runaway.
The width of the primary surface of a runway will be that width prescribed
in Part 77 of the Federal Aviation Regulations (FAR) 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 centerline. The width
of a primary surface for other than utility runways is five hundred
(500) feet for visual runways having only visual approaches and for
nonprecision instrument runways have visibility minimums greater than
three fourths (.75) statute mile. The width of a primary surface for
other than utility runways is one thousand (1,000) feet for nonprecision
instrument runways having non-precision instrument approaches with
visibility minimums as low as three fourths (.75) statute mile, and
for precision instrument runways.
21. RUNWAY:
A defined area on an airport prepared for landing and take-off
of aircraft along its length.
22. STRUCTURE:
An object, including a mobile object, constructed or installed
by man, including, but not limited to, building, towers, cranes, smokestacks,
earth formation, and overhead transmission lines.
23. TRANSITIONAL
SURFACES:
Surfaces extending outward at ninety (90) degree
angles to the runway centerline and the runway centerline extended
at a slope of seven (7) 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 five thousand (5,000) feet measured horizontally from the edge
of the approach surface and at ninety (90) degree angles to the extended
runway centerline.
24. TREE:
Any object of natural growth, including shrubs and vines.
25. UTILITY
RUNWAY:
A runway that is constructed for and intended
to be used by propeller driven aircraft of twelve thousand five hundred
(12,500) pounds maximum gross weight and less.
26. VISUAL
RUNWAY:
A runway intended solely for the operation of
aircraft using visual approach procedures.
(Ordinance 08-059, ex. A, adopted 5/27/08)
7-3.1 There
are hereby created and established certain zones which include all
of the land lying beneath the Approach Surfaces, Transition Surfaces,
Horizontal Surface and Conical Surface as they apply to Majors Field
Municipal Airport. Such zones are shown on the Majors Field Municipal
Airport Zoning Map consisting of one (1) sheet, prepared by Shimek,
Roming, Jacobs and Finklea Consulting Engineers, Dallas, Texas, dated
December 1974 and updated on April 12, 1979, which is attached to
this Ordinance and made a part hereof. An area located in more than
one of the following zones is considered to be only in the zone with
the most restrictive height limitation. The various zones are hereby
established and defined as follows.
7-3.2 Approach
Zones
(A) Runway
17 Approach Zone
The Runway 17 Approach Zone is established
beneath the approach surface at the end of runway 17 on Majors Field
Municipal Airport for precision instrument landings and take-offs.
The inner edge of the approach zone shall have a width of one thousand
(1,000) feet which coincides with the width of the primary surface
at a distance of two hundred (200) feet beyond each end of the runway,
widening thereafter uniformly to a width of sixteen thousand (16,000)
feet at a horizontal distance of fifty thousand two hundred (50,200)
feet beyond each end of the runway, its centerline being the continuation
of the centerline of the runway.
(B) Runway
35 Approach Zone
The Runway 35 Approach Zone is established
beneath the approach surface at the end of runway 35 on Majors Field
Municipal Airport for nonprecision instrument landings and take-offs.
The inner edge of the approach zone shall have a width of one thousand
(1,000) feet which coincides with the width of the primary surface
at a distance of two hundred (200) feet beyond each end of the runway,
widening thereafter uniformly to a width of four thousand (4,000)
feet at a horizontal distance of ten thousand two hundred (10,200)
feet beyond each end of the runway, its centerline being the continuation
of the centerline of the runway.
(C) Runway
13 Approach Zone
The Runway 13 Approach Zone is established
beneath the approach surface at the end of runway 13 on Majors Field
Municipal Airport for nonprecision instrument landings and take-offs.
The inner edge of the approach zone shall have a width of five hundred
(500) feet which coincides with the width of the primary surface at
a distance of two hundred (200) feet beyond each end of the runway,
widening thereafter uniformly to a width of three thousand five hundred
(3,500) feet at a horizontal distance of ten thousand two hundred
(10,200) feet beyond each end of the runway, its centerline being
the continuation of the centerline of the runway.
(D) Runway
31 Approach Zone
The Runway 31 Approach Zone is established
beneath the approach surface at the end of runway 31 on Majors Field
Municipal Airport for visual landings and take-offs. The inner edge
of the approach zone shall have a width of five hundred (500) feet
which coincides with the width of the primary surface at a distance
of two hundred (200) feet beyond each end of the runway, widening
thereafter uniformly to a width of one thousand five hundred (1,500)
feet at a horizontal distance of five thousand two hundred (5,200)
feet beyond each end of the runway, its centerline being the continuation
of the centerline of the runway.
7-3.3 Transition
Zones
Transition zones are hereby established beneath
the transition surface adjacent to each runway and approach surface
as indicated on the Airport Zoning Map. Transition surfaces, symmetrically
located on either side of the runways, have variable widths as shown
on the Airport Zoning Map. Transitional surfaces extend outward and
upward at right angles to the runway centerline and the runway centerline
extended at a slope of seven (7) to one (1) from the sides of the
primary surface and from the sides of approach surfaces. Transitional
surfaces, for those portions of the precision approach surface which
project through and beyond the limits of the conical surface, extend
a distance of five thousand (5,000) feet measured horizontally from
the edge of the approach surface and at right angles to the runway
centerline.
7-3.4 Horizontal
Zone
The area beneath a horizontal plane one hundred
fifty (150) feet above the established airport elevation, the perimeter
of which is constructed by swinging arcs of ten thousand (10,000)
feet radii from the center of each end of the primary surface of runway
17/35 and connecting the adjacent arcs by lines tangent to those arcs.
7-3.5 Conical
Zone
The area beneath the conical surface extending outward
and upward from the periphery of the horizontal surface at a slope
of twenty (20) to one (1) for a horizontal distance of four thousand
(4,000) feet.
(Ordinance 08-059, ex. A, adopted 5/27/08)
7-4.1 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 such zone. Such applicable height
limitations are hereby established for each of the zones as follows.
7-4.2 Approach
Zone Height Limitations
(A) Runway
17
One (1) foot in height for each fifty (50) feet in
horizontal distance beginning at the end of and at the elevation of
the primary surface and extending to a point ten thousand two hundred
(10,200) feet from the end of the runway, then rising one (1) foot
in height for each forty (40) feet in horizontal distance for an additional
forty thousand (40,000) feet from the end of the runway.
(B) Runway
35
One (1) foot in height for each thirty-four (34) feet
in horizontal distance beginning at the end of and at the elevation
of the primary surface and extending to a point ten thousand two hundred
(10,200) feet from the end of the runway.
(C) Runway
13
One (1) foot in height for each thirty-four (34) feet
in horizontal distance beginning at the end of and at the elevation
of the primary surface and extending to a point ten thousand two hundred
(10,200) feet from the end of the runway.
(D) Runway
31
One (1) foot in height for each twenty (20) feet in
horizontal distance beginning at the end of and at the elevation of
the primary surface and extending to a point five thousand two hundred
(5,200) feet from the end of the runway.
7-4.3 Transition
Zone Height Limitations
(A) Runway
17/35
Slope seven (7) 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 one
hundred fifty (150) feet above the airport elevation, which is five
hundred forty-four (544) feet above mean sea level. In addition to
the foregoing, there are established height limits sloping seven (7)
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 horizontal or conical surface. Where the precision
instrument runway approach zone projects beyond the conical zone,
there are established height limits sloping seven (7) 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 five
thousand (5,000) feet measured at ninety (90) degree angles to the
extended runway centerline.
(B) Runway
13/31
Slope seven (7) 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 one
hundred fifty (150) feet above the airport elevation, which is five
hundred forty-four (544) feet above mean sea level. In addition to
the foregoing, there are established height limits sloping seven (7)
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 horizontal surface.
7-4.4 Horizontal
Zone Height Limitations
Established at one hundred fifty
(150) feet above the airport elevation, or a height of six hundred
ninety-four (694) feet above mean sea level.
7-4.5 Conical
Zone Height Limitations
Slopes twenty (20) feet outward
for each foot upward beginning at the periphery of the horizontal
zone and at one hundred fifty (150) feet above the airport elevation
and extending to a height of three hundred fifty (350) feet above
the airport elevation.
7-4.6 Excepted
Height Limitations
Nothing in this Article shall be construed
as prohibiting the growth, construction or maintenance of any tree
or structure to a height of up to fifty (50) feet above the surface
of the land.
(Ordinance 08-059, ex. A, adopted 5/27/08)
7-5.1 Notwithstanding
any other provisions of this Article, no use may be made of land or
water within any zone established by this Article in such a manner
as to:
(A) Create
electrical interference with navigational signals or radio communication
between the airport and aircraft;
(B) Make
it difficult for pilots to distinguish between airport light and others;
(C) Result
in glare in the eyes of pilots using the airport;
(D) Impair
visibility in the vicinity of the airport;
(E) Create
bird strike hazards; or
(F) Otherwise
in any way endanger or interfere with the landing, taking off, or
maneuvering of aircraft intending to use the airport.
(Ordinance 08-059, ex. A, adopted 5/27/08)
7-6.1 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 this Article, or otherwise interfere with
the continuance of any nonconforming use. Nothing herein contained
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 Article, and is diligently
prosecuted.
7-6.2 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 City of Greenville Airport Advisory Board 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 owner of said structure or tree.
(Ordinance 08-059, ex. A, adopted 5/27/08)
7-7.1 Future
Uses
(A) Except
as specifically provided in [subsections] (1), (2) and (3) hereunder,
no material change shall be made in the use of land, no structure
shall be erected or otherwise established, and no tree shall be planted
in any zone hereby created unless a permit therefor shall have been
applied for and granted.
(1) In
the area lying with the limits of the horizontal zone and conical
zone, no permit shall be required for any tree or structure less than
seventy-five (75) feet of vertical height above the ground, except
when, because of terrain, land contour, topographic features or natural
growth, 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 four thousand two hundred (4,200) feet from
each end of the runway, no permit shall be required for any tree or
structure less than seventy-five (75) feet of vertical height above
the ground, except 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 seventy-five (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 transitional zones.
(B) Each
application for a permit shall indicate the purpose 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. Each application shall also
include a completed FAA Form 7460-1 which will be submitted to the
appropriate State or Federal authority for review. The City of Greenville
will determine if the permit shall be granted based comments received
and on the application’s conformance with all Federal, State
and local regulations. If such a determination is in the affirmative,
the permit shall be granted. No permit for a use inconsistent with
the provisions of this Article shall be granted unless a variance
has been approved in accordance with Section 7-7.4.
(C) Nothing
contained in any of the foregoing exceptions shall be construed as
permitting or intending to permit any construction or alteration of
any structure or growth of any tree in excess of any of the height
limits established by this Article except as set forth in Section
7-4.5.
7-7.2 Existing
Uses
No permit shall be granted that would allow the
establishment or creation of any airport hazard or permit a nonconforming
use, structure, or tree to be made or become higher, or become a greater
hazard to air navigation, than it was on the effective date of this
Article or any amendments thereto or than it is when the application
for a permit is made. Except as indicated, all applications for such
a permit shall be granted upon review by the City Planner.
7-7.3 Nonconforming
Uses Abandoned or Destroyed
Whenever the City Planner
determines that a nonconforming structure or tree has been abandoned
or more than fifty (50) percent torn down, physically deteriorated,
destroyed or decayed, no permit shall be granted that would allow
such structure or tree to exceed the applicable height limit or otherwise
deviate from the zoning regulations. Thereafter, the nonconforming
use must comply with the provisions of Section 7-1.1 above.
7-7.4 Variances
Any person desiring to erect or increase the height of any structure,
or permit the growth of any tree, or use his property, in violation
of the regulations prescribed in this Article, may apply to the Board
of Adjustment for a variance from such regulations in question.
(A) 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.
(B) 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 will not be contrary to the public interest, will not
create a hazard to air navigation, would do substantial justice, and
be in accordance with the spirit of this Article.
(C) Additionally,
no application for variance to the requirements of this Article may
be considered by the Board of Adjustment unless a copy of the application
has been furnished to the Greenville Airport Advisory Board for advice
as to the aeronautical effects of the variance. If the Airport Advisory
Board does not respond to the application within fifteen (15) days
after receipt, the Board of Adjustment may act on its own to grant
or deny said application.
7-7.5 Obstruction
Marking and Lighting
Any permit or variance granted may,
if such action is deemed advisable by the Board of Adjustment 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.
(Ordinance 08-059, ex. A, adopted 5/27/08)
7-8.1 It shall
be the duty of the City of Greenville City Planner to administer and
enforce the regulations prescribed herein. Applications for permits
shall be made to the City Planner upon a form published for that purpose[.]
Applications required by this Article to be submitted to the City
Planner shall be promptly processed and forwarded to the appropriate
agency for review and comment. Applications for variances shall be
made to the Board of Adjustment by first filing said application for
variance with the City Planner who shall forthwith transmit said application
to the Board of Adjustment for determination.
(Ordinance 08-059, ex. A, adopted 5/27/08)
7-9.1 The Zoning
Board of Adjustment of the City of Greenville, Texas, hereinafter
called Board of Adjustment, shall have and exercise the following
powers:
(A) To hear
and decide appeals from any order, requirement, decision or determination
made by the City Planner or other administrative official in the enforcement
of this Article;
(B) To hear
and decide special exceptions to the terms of this Article upon which
such Board of Adjustment under such regulations may be required to
pass; and,
(C) To hear
and decide specific variances.
7-9.2 The Board
of Adjustment shall adopt rules for its governance and in harmony
with the provisions of this Article. Meetings of the Board of Adjustment
shall be held at the call of the Chairperson and at such other times
as the Board of Adjustment may determine. The Chairperson or, in the
absence of the Chairperson, the Acting Chairperson, may administer
oaths and compel the attendance of witnesses. All hearings of the
Board of Adjustment shall be public. The Board of Adjustment shall
keep minutes of its proceedings showing the vote of each member upon
each question; or is absent or failing 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 City
Planner and on due cause shown.
7-9.3 The Board
of Adjustment shall make written findings of fact and conclusions
of law giving the facts upon which it acted and its legal conclusions
from such facts in reversing, affirming, or modifying any order, requirement,
decision, or determination which comes before it under the provisions
of this Article.
7-9.4 The concurring
vote of four (4) of the members of the Board of Adjustment shall be
necessary to reverse any order, requirement, decision or determination
of the City Planner or decide in favor of the applicant on any matter
upon which it is required to pass under this Article or to effect
variation to this Article.
(Ordinance 08-059, ex. A, adopted 5/27/08)
7-10.1 Any
person aggrieved, or any taxpayer affected, by any decision of the
City Planner made in his administration of this Article, if of the
opinion that a decision of the City Planner is an improper application
of these regulations, may appeal to the Board of Adjustment.
7-10.2 All
appeals hereunder must be taken within a reasonable time as provided
by the rules of the Board of Adjustment, by filing with the City Planner
a notice of appeal specifying the grounds thereof. The City Planner
shall forthwith transmit to the Board of Adjustment all the papers
constituting the record upon which the action appealed from was taken.
7-10.3 An appeal
shall stay all proceedings in furtherance of the action appealed from,
unless the City Planner certifies to the Board of Adjustment, after
the notice of appeal has been filed with it, that by reason of the
facts stated in the certificate, a stay would, in the opinion of the
City Planner cause imminent peril to life or property. In such case,
proceedings shall not be stayed except by order of the Board of Adjustment
on notice to the City Planner and on due cause shown.
7-10.4 The
Board of Adjustment 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 agent or by attorney.
7-10.5 The
Board of Adjustment may in conformity with the provisions of this
Article, reverse or affirm, in whole or in part, or modify the order,
requirement, decision of determination appealed from and may make
such order, requirement, decision or determination, as may be appropriate
under the circumstances.
(Ordinance 08-059, ex. A, adopted 5/27/08)
7-11.1 Any
person aggrieved, or any taxpayer affected, by any decision of the
Board of Adjustment, may appeal to a court of competent jurisdiction,
as provided by the Texas Local Government Code, Subchapter D.
(Ordinance 08-059, ex. A, adopted 5/27/08)
7-12.1 Each
violation of this Article or of any regulation, order, or ruling promulgated
hereunder shall constitute a misdemeanor and upon conviction shall
be punishable by a fine of not more than two thousand dollars ($2,000.00),
and each day a violation continues to exist shall constitute a separate
offense.
(Ordinance 08-059, ex. A, adopted 5/27/08)