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Editor’s note–Ordinance 19-845, adopted June 17, 2019, repealed former art. III, secs. 19-31– 19-69, and enacted a new art. III, secs. 19-26–19-40. Former art. III pertained to similar subject matter and derived from Ordinance of July 28, 1978. In order to facilitate inclusion of the zoning ordinance as art. I of chapter 19, the provisions of Ordinance 19-845 have been redesignated by the editor as secs. 19-66–19-80.
This article shall be known and may be cited as the “Eastland Municipal Airport Hazard Zoning Ordinance.”
(Ordinance 19-845, sec. 19-26, adopted 6/17/19)
For the purpose of this article, the following words, terms, and phrases shall have the meaning ascribed to them below, except where the context clearly indicates a different meaning:
Administrative agency.
The appropriate person or office of a political subdivision, which is responsible for the administration and enforcement of this article. The administrative agency is set forth in section 19-68 of this article.
Airport.
The Eastland Municipal Airport, Eastland, Texas, including the ultimate development of that facility.
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 Eastland Municipal Airport is 1468.0 feet above mean sea level (MSL).
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.
Approach surface.
A surface 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 19-70 of this article. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
Approach and transitional zones.
These zones are set forth in section 19-69 of this article.
Board of adjustment.
A board so designated by this article as provided in Texas Local Government Code, section 241.032. Provisions for the board of adjustment are set forth in section 19-74 of this article.
Conical surface.
An imaginary surface which extends upward and outward from the outer limits of the horizontal surface for an additional, horizontal distance of 4,000 feet at a slope of 20H:1V measured in a vertical plane.
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.
Height.
For the purpose of determining the height limits in all zones set forth in this article and shown on the hazard zoning map, the datum shall be height above mean sea level (MSL) elevation, as measured in feet.
Horizontal surface.
A horizontal plane 150 feet above the established Eastland Municipal Airport elevation of 1468. The horizontal surface is constructed by swinging arcs around the end of the primary surface, which is aligned (longitudinally) with each runway and extends 200 feet from each runway end. The radius of the horizontal surface’s arcs for all runways designated as non-precision or precision instrument runways is 10,000 feet.
Nonconforming use, structure, or tree.
Any structure, tree, or use of land which is inconsistent with the provisions of this article and which is existing as of the effective date of this article.
Non-precision instrument runway.
A runway having an existing instrument approach procedure utilizing air navigation facilities or other equipment that provides only horizontal guidance or area type navigation equipment. This also includes a runway for which a non-precision instrument approach procedure has been approved or planned. Runway 17-35 is considered a non-precision instrument runway.
Obstruction.
Any structure, tree, or other object, including a mobile object, which exceeds a limiting height set forth in section 19-70 of this article or is an airport hazard.
“Other than utility” runway.
A runway designed for and intended to be used by propeller driven aircraft of more than twelve thousand five hundred (12,500) pounds maximum gross weight and jet powered aircraft. Runway 17-35 at the Eastland Municipal Airport is considered an “other than utility” runway.
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.
Precision instrument runway.
A runway having an existing instrument approach procedure utilizing air navigation facilities or other equipment which provide both horizontal and vertical guidance. This also includes a runway for which a precision instrument approach procedure has been approved or planned. Runway 17-35 at the Eastland Municipal Airport would be considered a precision instrument runway if in the future, LPV instrument approach(es) are provided for this runway.
Primary surface.
A 500-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.
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 Eastland Municipal Airport is 5,000 feet.
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.
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. Transitional surfaces for those portions of the approach surface which extend through and beyond the limits of the conical surface extend at a slope of seven (7) feet horizontally for each one (1) foot vertically for a distance of 5,000 feet measured horizontally from either edge of the approach surface and perpendicular to the extended runway centerline.
Tree.
Any type of flora and an object of natural growth.
(Ordinance 19-845, sec. 19-27, adopted 6/17/19)
The city manager or his or her designee is hereby designated as the administrative agency under this article. It shall be the duty of the city manager or his or her designee to administer and enforce this article.
(Ordinance 19-845, sec. 19-28, adopted 6/17/19)
(a) 
In order to carry out this article, 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.
(b) 
Such surfaces up to the 1600 aerial contours are shown on the airport hazard zoning map which is available on the city web page at www.cityofeastland.com (click on City Maps and then click on Eastland Municipal Airport Zoning Map). It is also available for viewing at Eastland City Hall, 113 E. Commerce St., and the Eastland Municipal Airport, 524 Joe Beaty Rd.
(c) 
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.
(d) 
The various zones are hereby established and defined as follows:
(1) 
Approach zones.
Approach zones are hereby established beneath the approach surfaces at each end of Runway 17-35 at the airport for an “other than utility” runway with instrument landings. The approach surface shall have an inner edge width of 800 feet, which is 300 feet wider than 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 3,800 feet at a horizontal distance of 10,000 feet beyond the end of the primary surface. The centerline of the approach surface is the continuation of the centerline of the runway. For the RW 17 approach end, the trapezoidal area to the 1600 aerial contour is 800.0 feet Inner Width x 2,146.4 feet Outer Width x 4,488.0 feet Length. For the RW 35 approach end, the trapezoidal area to the 1600 aerial contour is 800 feet Inner Width x 2,375.9 feet Outer Width x 5,253.0 feet Length.
(2) 
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 Eastland 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 or conical surfaces. Where the non-precision or precision LPV instrument runway approach surface projects through and beyond the conical surface, there are hereby established transitional zones beginning at the sides of and at the same elevation as the approach surface and extending for a horizontal distance of 5,000 feet, as measured perpendicular to the extended runway centerline.
(Ordinance 19-845, sec. 19-29, adopted 6/17/19)
Except as otherwise provided in section 19-73 of this article, no structure shall be erected, altered, or replaced and no tree shall be allowed to grow in any zone created by this article to a height in excess of the applicable height limitations herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
(1) 
Approach zones.
Slope one (1) foot in height for each 34 feet in horizontal distance beginning at 800 feet 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.
(2) 
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 and until it intersects the horizontal or conical surfaces. Where the non-precision or precision LPV instrument runway approach surface projects through and beyond the conical surface, there are hereby established transitional zones beginning at the sides of and at the same elevation as the approach surface and extending for a horizontal distance of 5,000 feet, as measured perpendicular to the extended runway centerline.
(3) 
Excepted height limitation.
Nothing contained in this article 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 19-845, sec. 19-30, adopted 6/17/19)
Except as provided in section 19-72 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 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 19-845, sec. 19-31, adopted 6/17/19)
(a) 
Nonconforming uses.
Nothing contained in this article shall be construed as requiring changes in or interference with the continuance of any nonconforming use of land.
(b) 
Nonconforming structures.
Nothing contained in this article 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 this article and is diligently prosecuted.
(c) 
Nonconforming trees.
Nothing in this article 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 this article is subject to the height limitations as described in section 19-70 above.
(Ordinance 19-845, sec. 19-32, adopted 6/17/19)
(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 with the exception that 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 this article. Applications for permit shall be submitted to, and permits shall be 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 19-70 or change the use of property in such a way as to create a hazardous condition as described in section 19-71, 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 this article 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 this article.
(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 19-845, sec. 19-33, adopted 6/17/19)
(a) 
The board of adjustment of the city is hereby designated as the board of adjustment for the purposes of this article and shall have and exercise the following powers:
(1) 
Hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the administration or enforcement of this article;
(2) 
Hear and decide special exceptions to the terms of this article when the board of adjustment is required to do so; and
(3) 
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 this article. 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 secretary. 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 this article.
(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 this article, or to effect any variance to this article.
(Ordinance 19-845, sec. 19-34, adopted 6/17/19)
(a) 
Any person aggrieved, or any taxpayer affected, by a decision of the administrative agency made in the administration of this article 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 this article. This same right of appeal is extended to the governing bodies of the City of Eastland and Eastland County, and to the Eastland Municipal Airport joint 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 19-845, sec. 19-35, adopted 6/17/19)
Any person aggrieved or any taxpayer affected by a decision of the board of adjustment may present to a court of record a verified 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 Eastland and Eastland County, and to the Eastland Municipal Airport joint zoning board. The petition must be presented to the court within ten (10) days of the date the decision is filed with the office of the board of adjustment.
(Ordinance 19-845, sec. 19-36, adopted 6/17/19)
The governing body of the city or the Eastland Municipal Airport joint zoning board may institute, in a court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of this article or of any order or ruling made in connection with its administration or enforcement including, but not limited to, an action for injunctive relief.
(Ordinance 19-845, sec. 19-37, adopted 6/17/19)
Each violation of this article or of any order or ruling promulgated hereunder shall constitute a Class C misdemeanor and, upon conviction, shall be subject to a fine in accordance with the city Code of Ordinances, general penalty provision, section 1-14. Each day said violation shall be permitted to exist shall constitute a separate offense.
(Ordinance 19-845, sec. 19-38, adopted 6/17/19)
Where there exists a conflict between this article 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 19-845, sec. 19-39, adopted 6/17/19)
Any actions brought forth by any person or taxpayer as a result of the administration, enforcement, or the contesting of this article will be in accordance with the provisions of Texas Local Government Code, section 241.001 et seq. and other applicable state laws.
(Ordinance 19-845, sec. 19-40, adopted 6/17/19)