This division shall be known and may be cited as the “Plainview/Hale County Airport Zoning Ordinance.”
(Ordinance 04-3437, sec. I (2-151), adopted 12/14/04)
An administrative agency to be designated by the Plainview/Hale County Joint Airport Zoning Board to administer and enforce airport zoning regulations.
Any weight-carrying structure for navigation of the air that is either self-propelled or mechanically propelled, including but not limited to airplanes, helicopters, gliders and balloons.
Plainview/Hale County Airport.
The established elevation of the highest point on the usable landing area measured in feet from mean sea level (MSL). The elevation of the Plainview/Hale County Airport is 3,374.0 feet above MSL.
Any structure or tree or use of land which obstructs the airspace required for the flights or takeoff or which obstructs or interferes with the central or tracking and/or data acquisition in the landing, taking off or flight at an airport, or any installation or facility relating to flight, and tracking and/or data acquisition of the flight craft; which is 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.
Any area of land or water upon which an airport hazard might be established if not prevented as provided in this division.
The point established as the approximate geographic center of the airport landing area and so designated. The airport reference point for the Plainview/Hale County Airport is latitude 34° 10' 05.3" north, longitude 101° 43' 02.4" west.
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 1.14.064. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
These zones are set forth in section 1.14.063.
A board consisting of five (5) members appointed by the city council.
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 4,000 feet.
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
For the purpose of determining the height limits in all zones set forth in this division and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
A board consisting of five (5) members, two (2) members appointed by the city council and two (2) members appointed by the commissioners court of the county; the four (4) members so appointed shall elect a fifth member, the chairman.
The surface area of the airport used for the landing, takeoff or taxing of aircraft.
Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this division or an amendment thereto.
A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or any area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.
Any structure, growth, or other object, including a mobile object, which exceeds the limiting height set forth in section 1.14.064.
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.
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width prescribed in part 77 of the Federal Aviation Regulations (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 is, for other than utility runways, 500 feet for non-precision instrument runways having visibility minimums greater than three-fourths statute mile.
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
An object, including a mobile object, constructed or installed by man, including but not limited to buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.
These surfaces extend outward at 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 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline.
Any object of natural growth.
(Ordinance 04-3437, sec. I (2-152), adopted 12/14/04)
In order to carry out the provisions of this division, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surface and conical surface as they apply to Plainview/Hale County Airport. Such zones are shown on the Plainview/Hale County airport zoning map consisting of one (1) sheet, prepared by the state department of transportation, aviation division, planning and programming section, and dated January 19, 2004, which is attached to Ordinance 04-3437 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:
(1)
Approach zones.
(A)
Runway 4/22 approach zone is established beneath the approach surface at the end of runway 4/22 on Hale County Airport for non-precision instrument landings and takeoffs. The inner edge of the approach zone shall have a width of 500 feet which coincides with the width of the primary surface at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 3,500 feet at a horizontal distance of 10,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. The approach slope extends one (1) foot in height for each thirty-four (34) feet in horizontal distance beginning at the end of and at the same elevation as primary surface.
(B)
Runway 13/31 approach zone is established beneath the approach surface at the end of runway 13/31 on Hale County Airport for non-precision instrument landings and takeoffs. The inner edge of the approach zone shall have a width of 500 feet which coincides with the width of the primary surface at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 3,500 feet at a horizontal distance of 10,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. The approach slope extends one (1) foot in height for each thirty-four (34) feet in horizontal distance beginning at the end of and at the same elevation as primary surface.
(2)
Transition zones.
Transition zones are hereby established beneath the transition surface adjacent to each runway and approach surface as indicated on the zoning map. Transition surfaces, symmetrically located on either side of runways, have variable widths as shown on the zoning map. Transitional surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of approach surfaces.
(3)
Horizontal zone.
The area beneath a horizontal plane 150 feet above the established airport elevation, or a height of 3,524.0 feet above mean sea level, the perimeter of which is constructed by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of runways 4/22 and 13/31 and connecting the adjacent arcs by lines tangent to those arcs.
(4)
Conical zone.
The area beneath the conical surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.
(Ordinance 04-3437, sec. I (2-153), adopted 12/14/04)
Except as otherwise provided in this division, no structure shall be created, altered, or maintained, and no tree shall be allowed to grow, in any zone created by this division to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
(1)
Approach zones.
(A)
Runway 4/22: One (1) foot in height for each 34 feet in horizontal distance beginning at the end of and at the elevation of the primary surface and extending to a point 10,200 feet from the end of the runway.
(B)
Runway 13/31: One (1) foot in height for each 34 feet in horizontal distance beginning at the end of and at the elevation of the primary surface and extending to a point 10,200 feet from the end of the runway.
(2)
Transition zones.
(A)
Runway 14/22: 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 150 feet above the airport elevation, which is 3,374.0 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.
(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 150 feet above the airport elevation, which is 3,374.0 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.
(3)
Horizontal zone.
Established at one hundred fifty (150) feet above the airport elevation, or a height of 3,524.0 feet above mean sea level.
(4)
Conical zone.
Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
(5)
Exceptions.
Nothing in this division shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 35 feet above the surface of the land.
(Ordinance 04-3437, sec. I (2-154), adopted 12/14/04)
(a)
Generally.
Notwithstanding any other provisions of this division, no use may be made of land or water within any zone established by this division in such a manner as to create electrical interference with navigational signals or radio communication 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 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.
(b)
Nonconforming uses.
(1)
Regulations not retroactive.
The regulations prescribed by this division 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 division (ordinance adopted December 14, 2004), 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 division, and is diligently prosecuted.
(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 airport manager 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 city and the county.
(c)
Permits.
(1)
Future uses.
Except as specifically provided in subsections (A), (B), and (C) 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 by the administrative agency. 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. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this division shall be granted unless a variance has been approved in accordance with subsection (f) of this section.
(A)
In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
(B)
In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.
(C)
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 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 transition zones.
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 height limits established by this division, except as set forth in section 1.14.064(5). |
(d)
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 division (ordinance adopted December 14, 2004) 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.
(e)
Nonconforming uses abandoned or destroyed.
Whenever the administrative agency determines that a nonconforming structure or tree has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to extend above the applicable height limit or otherwise deviate from the zoning regulations.
(f)
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 division may apply to the city board of adjustment for a variance from such regulations in question. The application for a 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. 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 granted would not be contrary to the public interest, but would do substantial justice, and be in accordance with the spirit of this division. Additionally, the board of adjustment may consider no application for variance to the requirements of this division unless a copy of the application has been furnished to the Plainview/Hale County airport board for advice as to the aeronautical effects of the variance. If the Plainview/Hale County airport 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.
(g)
Obstruction marking and lighting.
Any permit or variance granted, if such action is deemed advisable by the airport manager or the board of adjustment to effectuate the purpose of this division and be reasonable in the circumstances, may be so conditioned as to require the owner of the structure or tree in question to allow the airport manager to install, operate, and maintain, at the expense of the city and the county, such markings and lights as may be necessary.
(h)
Enforcement.
The director for planning for the city, or his designee, shall be the official responsible for the administration and enforcement of the airport height hazard zoning regulations and to hear and decide all applications for permits. Applications for permits shall be made to the administrative agency upon a form published for that purpose. Applications required by this division to be submitted to the administrative agency shall be promptly considered and granted or denied. Applications for variances shall be made to the board of adjustment by first filing said application for variance with the administrative agency, which shall forthwith transmit said application to the board of adjustment for determination.
(i)
Appeals.
(1)
Any person aggrieved, or any taxpayer affected, by any decision of the airport manager made in his administration of this division, if of the opinion that a decision of the administrative agency is an improper application of these regulations, may appeal to the city board of adjustment.
(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 administrative agency a notice of appeal specifying the grounds thereof. The administrative agency shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.
(3)
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative agency 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 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 due cause shown.
(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.
(5)
The board of adjustment may, in conformity with the provisions of this division, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision or determination as may be appropriate under the circumstances.
(6)
Any person aggrieved, or any taxpayer affected, by any decision of the board of adjustment may appeal to a court of competent jurisdiction.
(Ordinance 04-3437, sec. I (2-155), adopted 12/14/04)
(a)
Authorization required.
It shall be unlawful for any person to take off or land or, being the owner or operator of any aircraft, to permit or authorize the taking off or landing of any aircraft within the corporate limits of the city, unless such aircraft has been duly authorized under the provisions of this section or shall be taking off or landing from an airport that has been previously approved and designated by the airport board as a public airport.
(b)
Authorization procedure.
(1)
Any person desiring a permit for the purposes of aircraft activity within the corporate limits of the city shall file with the director of municipal services a request therefor in writing. Such request shall specify the following:
(A)
The name and address of the owner of the aircraft and the type of aircraft to operated within the city;
(B)
The date or dates such aircraft activity will take place;
(C)
The location of the aircraft activity and route of the aircraft;
(D)
The duration of the aircraft activity;
(E)
The purposes(s) of the aircraft activity; and
(F)
The liability insurance carrier of the owner for the aircraft and the activity, and the amount of such coverage.
(2)
Upon the receipt of the request for authorization of aircraft activity, the director of municipal services shall make a determination as to whether such authorization should be given. Factors which the director shall consider include, but are not limited to, the location and proposed route of the aircraft, the date(s) of the proposed activity, and the purpose(s) of the activity. The primary consideration for authorization shall be the safety of the citizens and property of the city.
(3)
The request for authorization shall be acted upon by the director within five (5) calendar days.
(4)
If the request for authorization is denied by the director, the applicant shall have ten (10) calendar days in which to file a written request of appeal to the city manager. If no written request is received by the city manager within such time, the director’s decision shall be final.
(5)
If an appeal is properly filed with the city manager, the city manager shall hold a hearing with ten (10) calendar days from the date such request is received. The city manager shall hear evidence by all interested parties and no formal rules of evidence shall apply. The city manager shall issue a decision affirming, modifying, or reversing the director’s decision within 48 hours of the closing of the hearing. Such decisions shall be final.
(c)
Exceptions.
This section shall not apply to properly licensed emergency helicopters or other similar aircraft operated or directed by law enforcement agencies acting in emergency situations or to other official government activity.
(2000 Code, secs. 2-152–2-154; Ordinance 04-3437, sec. II (2-156–2-158), adopted 12/14/04)
Any violation under this article shall be subject to the penalty provision of section 1.01.009 of this code.
(2000 Code, sec. 2-155; Ordinance 04-3437, sec. II (2-159), adopted 12/14/04)