ORDINANCE NO. 2005-0927-4
Littlefield 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 LFD Municipal Airport, Littlefield, 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
LFD Municipal Airport Hazard Zoning Map prepared by TXDOT, dated May
4, 2004, 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 §§
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 as 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 Littlefield benefits
from the use of the LFD Municipal Airport and the City Council of
the City of Littlefield permits the LFD Municipal Airport to be used
by the public to an extent that the airport fulfills an essential
community purpose; therefore, the LFD Municipal Airport is used in
the interest of the public.
Therefore, be it ordered by the Littlefield Joint Airport Zoning
Board of the City Council of the City of Littlefield, Texas, and the
Commissioners Court of Lamb County, Texas:
These regulations shall be known and may be cited as the “LFD
Municipal Airport Hazard Zoning Regulations.”
(Ordinance 2005-0927-4 adopted 8/8/05)
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 -
LFD Municipal Airport, Littlefield, 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 LFD Municipal
Airport is 3,615.6 feet above [mean sea level].
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 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
5 of these regulations. In plan, 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 § 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 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. Nonprecision
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 nonprecision instrument approach
procedure has been approved or planned. Runway 01-19 is considered
a nonprecision instrument runway.
N. 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.
O. Utility Runway
-
A runway designed for and intended to be used by propeller-driven
aircraft of less than twelve thousand five hundred (12,500) pounds
maximum gross weight and jet-powered aircraft. Runway 13-31 at the
LFD Municipal Airport is considered a utility runway.
P. 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.
Q. 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 ________ at the LFD Municipal Airport
is considered a precision instrument runway.
R. 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.
S. Runway -
A defined area on the airport prepared for the landing and taking
off of aircraft along its length. The zoned length of Runway 01-19
at the LFD Municipal Airport is 402 feet.
T. 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 CFR Part 77.23.
U. 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 surface 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 precision 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 five thousand (5,000) feet measured horizontally from either edge
of the approach surface and perpendicular to the extended runway centerline.
V. Tree -
Any type of flora and an object of natural growth.
(Ordinance 2005-0927-4 adopted 8/8/05)
It shall be the duty of the office of the City Mgr. to administer
and enforce the regulations prescribed herein and is hereby designated
as the administrative agency.
(Ordinance 2005-0927-4 adopted 8/8/05)
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 LFD Municipal Airport Hazard
Zoning Map consisting of one (1) sheet, prepared by TXDOT and dated
May 4, 2004, 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 01-19 at the airport for an other than
utility runway with nonprecision ins. landings. The approach surface
shall have an inner edge width of 500 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
10,000 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 ten thousand (10,000)
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 LFD 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.
Where the precision 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 five thousand (5,000)
feet as measured perpendicular to the extended runway centerline.
(Ordinance 2005-0927-4 adopted 8/8/05)
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 E 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 3965.6 feet above mean sea
level.
C. Horizontal
Zone -
Established at one hundred fifty (150) feet above
the airport elevation, or at a height of 3765.6 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. 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 2005-0927-4 adopted 8/8/05)
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 2005-0927-4 adopted 8/8/05)
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 hereinabove.
(Ordinance 2005-0927-4 adopted 8/8/05)
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 to 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 2005-0927-4 adopted 8/8/05)
A. The airport
board of LFD Municipal Airport 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. 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 2005-0927-4 adopted 8/8/05)
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 Littlefield and Lamb County, Texas
and to the LFD/Lamb 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 is 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 2005-0927-4 adopted 8/8/05)
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, § 241.041.
This same right of appeal is extended to the governing bodies of the
City of Littlefield, Texas, and Lamb County, Texas, and to the LFD/Lamb
Joint Airport Zoning Board.
(Ordinance 2005-0927-4 adopted 8/8/05)
The governing bodies of the City of Littlefield, Texas, or Lamb
County, Texas or the LFD/Lamb 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 2005-0927-4 adopted 8/8/05)
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 2005-0927-4 adopted 8/8/05)
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 2005-0927-4 adopted 8/8/05)
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 2005-0927-4 adopted 8/8/05)
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, §§ 241.001 et seq. and other applicable State laws.
(Ordinance 2005-0927-4 adopted 8/8/05)
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 LFD/Lamb Joint Airport Zoning Board.
(Ordinance 2005-0927-4 adopted 8/8/05)