Smithville Crawford Municipal Airport Hazard Zoning Regulations
Regulating and restricting the height of structures and objects
of natural growth and otherwise regulating the use of property in
the vicinity of the Smithville Crawford Municipal Airport, Smithville,
Texas, by creating the appropriate zones and establishing the boundaries
thereof; providing for restrictions of such zones and the enforcement
of such restrictions; defining certain terms used herein; referring
to the Smithville Crawford Municipal Airport Hazard Zoning Map prepared
by the TxDOT Aviation Division, dated May 18, 2010, which is incorporated
in and made a part of these regulations; providing for a board of
adjustment; and imposing penalties.
Whereas, these regulations are adopted pursuant to the authority
conferred by the Airport
Zoning Act, Texas Local Government Code, sections 241.001 et
seq.
Whereas, the Legislature of the State of Texas finds that:
* an airport hazard endangers the lives and property of users
of the airport and of occupants of land in the vicinity of the airport;
* an airport hazard that is an obstruction reduces the size
of the area available for the landing, taking off, and maneuvering
of aircraft, tending to destroy or impair the utility of the airport
and the public investment in the airport;
* the creation of an airport hazard is a public nuisance and
an injury to the community served by the airport affected by the hazard;
* it is necessary in the interest of the public health, public
safety, and general welfare to prevent the creation of an airport
hazard;
* the creation of an airport hazard should be prevented, to
the extent legally possible, by the exercise of the police power without
compensation; and
* the prevention of the creation of an airport hazard and the
elimination, the removal, the alteration, the mitigation, or the marking
and lighting of an airport hazard are public purposes for which a
political subdivision may raise and spend public funds and acquire
land or interests in land.
Accordingly, it is declared that the City of Smithville benefits
from the use of the Smithville Crawford Municipal Airport and the
City Council of the City of Smithville permits the Smithville Crawford
Municipal Airport to be used by the public to an extent that the airport
fulfills an essential community purpose; therefore, the Smithville
Crawford Municipal Airport is used in the interest of the public.
Therefore, be it ordered by the City of Smithville-Bastrop County
Joint Airport Zoning Board of the City Council of the City of Smithville,
Texas, and the Commissioners Court of Bastrop County, Texas:
These regulations shall be known and may be cited as the “Smithville
Crawford Municipal Airport Hazard Zoning Regulations.”
(Ordinance 2010-06-471 adopted 6/14/10)
As used in these regulations, unless the context otherwise requires:
A. Administrative
Agency -
The appropriate person or office of
a political subdivision which is responsible for the administration
and enforcement of the regulations prescribed herein. The administrative
agency is set forth in Section 3 of these regulations.
B. Airport
-
The Smithville Crawford Municipal Airport,
Smithville, Texas; including the ultimate development of that facility.
C. Airport
Elevation -
The established elevation of the
highest point on the runway, either existing or planned, at the airport
measured in feet above mean sea level (MSL). The airport elevation
of the Smithville Crawford Municipal Airport is 323.20 feet above
mean sea level (MSL).
D. Airport
Hazard -
Any structure, tree, or use of land
which obstructs the airspace required for the flight of aircraft or
obstructs or interferes with the control, tracking, and/or data acquisition
in the landing, takeoff, or flight at an airport or any installation
or facility relating to flight, tracking, and/or data acquisition
of the flight craft; is hazardous to, interferes with, or obstructs
such landing, takeoff, or flight of aircraft; or is hazardous to or
interferes with tracking and/or data acquisition pertaining to flight
and flight vehicles.
E. Approach/Threshold
Siting Surface -
Surfaces longitudinally centered
on the 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 Section 5 of these regulations.
In plan view, the perimeter of the approach surface coincides with
the perimeter of the approach zone.
F. Approach,
Conical, Horizontal, and Transitional Zones -
These zones are set forth in Section 4 of these regulations.
G. Board
of Adjustment -
A board so designated by these
regulations as provided in Texas Local Government Code, section 241.032.
Provisions for the board of adjustment are set forth in Section 9
of these regulations.
H. Conical
Surface -
A surface extending outward and upward
from the periphery of the horizontal surface at a slope of twenty
(20) feet horizontally for each one (1) foot vertically for a horizontal
distance of four-thousand (4,000) feet.
I. Hazard
to Air Navigation -
An obstruction or use of
land determined to have a substantial adverse effect on the safe and
efficient utilization of navigable airspace.
J. Height
-
For the purpose of determining the height
limits in all zones set forth in these regulations and shown on the
hazard zoning map, the datum shall be height above mean sea level
(MSL) elevation as measured in feet.
K. Horizontal
Surface -
A horizontal plane one-hundred fifty
(150) feet above the established airport elevation which in plan view
coincides with the perimeter of the horizontal zone.
L. Nonconforming
Use, Structure, or Tree -
Any structure, tree,
or use of land which is inconsistent with the provisions of these
regulations and which is existing as of the effective date of these
regulations.
M. Obstruction
-
Any structure, tree, or other object, including
a mobile object, which exceeds a limiting height set forth in Section
5 of these regulations or is an airport hazard.
N. Utility
Runway with Visual Approach -
A runway designed
for and intended to be used by propeller driven aircraft of up to
twelve-thousand five-hundred (12,500) pounds maximum gross weight
aircraft. Runway 17-35 at the Smithville Crawford Municipal Airport
is considered a utility runway with visual approach.
O. 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.
P. Primary
Surface -
A 250 foot wide surface longitudinally
centered on the runway extending the full length of the ultimate runway
configuration plus two-hundred (200) feet beyond each ultimate end
of the runway. The elevation of any point on the primary surface is
the same as the nearest point on the existing or ultimate runway centerline.
Q. Runway
-
A defined area on the airport prepared for
the landing and taking off of aircraft along its length. The zoned
length of Runway 17-35 at the Smithville Crawford Municipal Airport
is 4,000 feet.
R. Structure
-
An object, including a mobile object, constructed
or installed by man including, but not limited to, buildings, towers,
cranes, smokestacks, poles, earth formations, overhead power lines,
and traverse ways. Traverse ways are considered to be the heights
set forth in 14 C.F.R. Part 77.23.
S. Transitional
Surfaces -
Surfaces extending perpendicular
to the runway centerline and the extended runway centerline outward
from the edges of the primary surface and the approach surfaces at
a slope of seven (7) feet horizontally for each one (1) foot vertically
to where they intersect the horizontal surface.
T. Tree
-
Any type of flora and an object
of natural growth.
(Ordinance 2010-06-471 adopted 6/14/10)
It shall be the duty of the office of the City Manager, City
of Smithville to administer and enforce the regulations prescribed
herein and is hereby designated as the administrative agency.
(Ordinance 2010-06-471 adopted 6/14/10)
In order to carry out the provisions of these regulations, there
are hereby created and established certain zones which include all
of the land lying beneath the approach surfaces, conical surface,
horizontal surface, and transitional surfaces as they apply to the
airport. Such surfaces are shown on the Smithville Crawford Municipal
Airport Hazard Zoning Map consisting of one (1) sheet, prepared by
TxDOT Aviation Division and dated May 18, 2010, which is hereby attached
to these regulations 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 more restrictive height limitation. The various zones are
hereby established and defined as follows:
A. Approach Zones
-
Approach zones are hereby established beneath the approach
surfaces at each end of Runway 17-35 at the airport for a utility
runway with visual approach landings. The approach surface shall have
an inner edge width of 250 feet, which coincides with the width of
the primary surface, at a distance of two-hundred (200) feet beyond
each runway end, widening thereafter uniformly to a width of 1,250
feet at a horizontal distance of 5,000 feet beyond the end of the
primary surface. The centerline of the approach surface is the continuation
of the centerline of the runway.
B. Conical Zone
-
A conical zone is hereby established beneath the conical
surface at the airport which extends outward from the periphery of
the horizontal surface for a horizontal distance of four-thousand
(4,000) feet.
C. Horizontal
Zone -
A horizontal zone is hereby established beneath
the horizontal surface at the airport which is a plane one-hundred
fifty (150) feet above the established airport elevation, the perimeter
of which is constructed by swinging arcs of five-thousand (5,000)
feet radii from the center of each end of the primary surface and
connecting the adjacent arcs by lines tangent to those arcs.
D. Transitional
Zones -
Transitional zones are hereby established beneath
the transitional surfaces at the airport. Transitional surfaces, symmetrically
located on either side of the runway, have variable widths as shown
on the Smithville Crawford Municipal Airport Hazard Zoning Map. Transitional
surfaces extend outward perpendicular to the runway centerline and
the extended runway centerline from the periphery of the primary surface
and the approach surfaces to where they intersect the horizontal surface.
E. Threshold
Siting Surface Zone -
Threshold Siting Surface zones
are hereby established beneath the threshold siting surfaces at each
end of Runway 17-35 at the airport to support future night time straight-in
approaches for category A and B aircraft. The threshold siting surface
zones shall have an inner edge width of four-hundred (400) feet, which
extends beyond the width of the primary surface, at a distance of
two-hundred (200) feet beyond each runway end, widening thereafter
uniformly to a width of three thousand-eight hundred (3,800) feet
at a horizontal distance of ten-thousand (10,000) feet beyond the
end of the primary surface. The centerline of the threshold siting
surface slopes at 20:1 and is the continuation of the centerline of
the runway.
(Ordinance 2010-06-471 adopted 6/14/10)
Except as otherwise provided in Section 8 of these regulations,
no structure shall be erected, altered, or replaced and no tree shall
be allowed to grow in any zone created by these regulations to a height
in excess of the applicable height limitations herein established
for such zone except as provided in Paragraph F of this Section. Such
applicable height limitations are hereby established for each of the
zones in question as follows:
A. Approach Zones
-
Slope one (1) foot in height for each 20 feet in horizontal
distance beginning at the end of and at the same elevation as the
primary surface and extending to a point 5,000 feet beyond the end
of the primary surface.
B. Conical Zone
-
Slopes one (1) foot in height for each twenty (20)
feet in horizontal distance 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, or to a height of 673.20 feet above mean sea
level.
C. Horizontal
Zone -
Established at one-hundred fifty (150) feet above
the airport elevation, or at a height of 473.20 feet above mean sea
level.
D. Transitional
Zones -
Slope one (1) foot in height for each seven (7)
feet in horizontal distance beginning at the sides of and at the same
elevations as the primary surface and the approach surfaces.
E. Threshold
Siting Zones -
Slope one (1) foot in height for each
20 feet in horizontal distance beginning at the end of and at the
same elevation as the primary surface and extending to a point 10,000
feet beyond the end of the primary surface.
F. Excepted Height
Limitation -
Nothing contained in these regulations shall
be construed as prohibiting the growth, construction, or maintenance
of any structure or tree to a height of up to fifty (50) feet above
the surface of the land at its location.
(Ordinance 2010-06-471 adopted 6/14/10)
Except as provided in Section 7 of these regulations, no use
may be made of land or water within any zone established by these
regulations in such a manner as to create electrical interference
with navigational signals or radio communications between the airport
and 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, create
potential bird strike hazards, or otherwise in any way endanger or
interfere with the landing, taking off, or maneuvering of aircraft
intending to use the airport.
(Ordinance 2010-06-471 adopted 6/14/10)
A. Nonconforming
Uses -
Nothing contained in these regulations shall be
construed as requiring changes in or interference with the continuance
of any nonconforming use of land.
B. Nonconforming
Structures -
Nothing contained in these regulations shall
be construed as to require the removal, lowering, or other change
to any existing nonconforming structure including all phases or elements
of a multiphase structure the construction of which was begun prior
to the effective date of these regulations and is diligently prosecuted.
C. Nonconforming
Trees -
Nothing in these regulations shall be construed
as to require the removal, lowering, or other change to any nonconforming
tree. However, any nonconforming tree which grows to a greater height
than it was as of the effective date of these regulations is subject
to the provisions of these regulations as described in Section 5 herein
above.
(Ordinance 2010-06-471 adopted 6/14/10)
A. Permits -
Any person who desires to replace, rebuild, substantially change,
or repair a nonconforming structure or replace or replant a nonconforming
tree must apply for and receive a permit, and the permit shall be
granted. However, no permit shall be granted which would allow the
establishment of an airport hazard or allow a nonconforming structure
or tree to exceed its original height or become a greater hazard to
air navigation than it was at the time of the adoption of these regulations.
Applications for permit shall be applied to and issued by the administrative
agency.
B. Variances
-
Any person who desires to erect, substantially change,
or increase the height of any structure or establish or allow the
growth of any tree which would exceed the height limitations set forth
in Section 5 of these regulations or change the use of property in
such a way as to create a hazardous condition as described in Section
6 of these regulations must apply to the board of adjustment and receive
a variance. The application for variance must be accompanied by a
determination from the Federal Aviation Administration under 14 C.F.R.
Part 77 as to the effect of the proposal on the operation of air navigation
facilities and the safe, efficient use of navigable airspace. Such
variances shall be allowed where it is duly found that a literal application
or enforcement of the regulations will result in practical difficulty
or unnecessary hardship and the granting of relief would result in
substantial justice, not be contrary to the public interest, and be
in accordance with the spirit of these regulations.
C. Requirements
and Reasonable Conditions
(1) Any permit
granted may, at the discretion of the administrative agency, impose
a requirement to allow the installation and maintenance, at the expense
of the administrative agency, of any markers or lights as may be necessary
to indicate to flyers the presence of an airport hazard.
(2) Any variance
granted may, at the discretion of the board of adjustment, impose
any reasonable conditions as may be necessary to accomplish the purpose
of these regulations.
(Ordinance 2010-06-471 adopted 6/14/10)
A. The Board of
Adjustment of the City of Smithville is hereby designated as the board
of adjustment for the purposes of these regulations and shall have
and exercise the following powers:
(1) to hear
and decide appeals from any order, requirement, decision, or determination
made by the Administrative Agency in the administration or enforcement
of these regulations;
(2) to hear
and decide special exceptions to the terms of these regulations when
the board is required to do so; and
(3) to hear
and decide specific variances.
B. The board of
adjustment shall be comprised of five (5) members and shall adopt
rules for its governance and procedure in harmony with the provisions
of these regulations. Meetings of the board of adjustment shall be
held at the call of the chairman and at such times as the board of
adjustment may determine. The chairman, or in his/her absence the
acting chairman, 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 if any member is absent
or fails 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 board of adjustment or in the office
of the City Manager, City of Smithville. All such records shall be
public records.
C. The board of
adjustment 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 which comes before it under the provisions of these
regulations.
D. The concurring
vote of four (4) members of the board of adjustment shall be necessary
to reverse any order, requirement, decision, or determination of the
administrative agency, to decide in favor of the applicant on any
matter upon which it is required to pass under these regulations,
or to effect any variance to these regulations.
(Ordinance 2010-06-471 adopted 6/14/10)
A. Any person
aggrieved or any taxpayer affected by a decision of the administrative
agency made in the administration of these regulations may appeal
to the board of adjustment if that person or taxpayer is of the opinion
that a decision of the administrative agency is an improper application
of these regulations. This same right of appeal is extended to the
governing bodies of the City of Smithville and Bastrop County, Texas,
and to the City of Smithville-Bastrop County Joint Airport Zoning
Board.
B. All appeals
hereunder must be taken within a reasonable time as provided by the
rules of the board of adjustment by filing a notice of appeal with
the board of adjustment and the administrative agency specifying the
grounds for the appeal. The administrative agency shall forthwith
transmit to the board of adjustment all papers constituting the record
upon which the action appealed was taken.
C. An appeal
shall stay all proceedings in furtherance of the action appealed unless
the administrative agency certifies in writing to the board of adjustment
that by reason of the facts stated in the certificate, a stay would,
in the opinion of the administrative agency, 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 administrative
agency and on due cause shown.
D. 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, by agent, and/or by attorney.
E. The board
of adjustment may reverse or affirm, in whole or in part, or modify
the administrative agency’s order, requirement, decision, or
determination from which an appeal is taken and make the correct order,
requirement, decision, or determination, and for this purpose the
board of adjustment has the same authority as the administrative agency.
(Ordinance 2010-06-471 adopted 6/14/10)
Any person aggrieved or any taxpayer affected by a decision
of the board of adjustment may present to a court of record a petition
stating that the decision of the board of adjustment is illegal and
specifying the grounds of the illegality as provided by and in accordance
with the provisions of Texas Local Government Code, section 241.041.
This same right of appeal is extended to the governing bodies of the
City of Smithville, Texas, and Bastrop County, Texas, and to the City
of Smithville-Bastrop County Joint Airport Zoning Board.
(Ordinance 2010-06-471 adopted 6/14/10)
The governing bodies of the City of Smithville, Texas, or Bastrop
County, Texas, or the City of Smithville-Bastrop County Joint Airport
Zoning Board 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 2010-06-471 adopted 6/14/10)
Each violation of these regulations or of any order or ruling
promulgated hereunder shall constitute a misdemeanor and upon conviction
shall be punishable by a fine of not more than $200 and each day a
violation continues to exist shall constitute a separate offense.
(Ordinance 2010-06-471 adopted 6/14/10)
Where there exists a conflict between any of the regulations
or limitations prescribed herein and any other regulation applicable
to the same area, whether the conflict be with respect to the height
of structures or trees, the use of land, or any other matter, the
more stringent limitation or requirement shall control.
(Ordinance 2010-06-471 adopted 6/14/10)
If any of the provisions of these regulations or the application
thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or application of these regulations
which can be given effect without the invalid provision or application
and to this end, the provisions of these regulations are declared
to be severable.
(Ordinance 2010-06-471 adopted 6/14/10)
Any actions brought forth by any person or taxpayer as a result
of the administration, enforcement, or the contesting [of] these regulations
will be in accordance with the provisions of Texas Local Government
Code, sections 241.001 et seq. and other applicable State laws.
(Ordinance 2010-06-471 adopted 6/14/10)
Sixty (60) days following the date of adoption of the Smithville-Bastrop
County Airport Hazard Zoning Ordinance, the duties, responsibilities,
and authority of the City of Smithville-Bastrop County Joint Airport
Zoning Board will become inactive subject to recall jointly by the
City of Smithville and Bastrop County.
(Ordinance 2010-06-471 adopted 6/14/10)
The Smithville-Bastrop County Airport Hazard Zoning Ordinance
dated October 4, 1977, adopted by the City of Smithville-Bastrop County
Joint Airport Zoning Board is repealed the effective date of this
ordinance.
(Ordinance 2010-06-471 adopted 6/14/10)
Whereas, the immediate operation of the provisions of these
regulations is necessary for the preservation of the public health,
safety, and general welfare, an emergency is hereby declared to exist
and these regulations shall be in full force and effect from and after
their adoption by the City of Smithville-Bastrop County Joint Airport
Zoning Board.
(Ordinance 2010-06-471 adopted 6/14/10)