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)