Ordinance No. 2010-0315
Regulating and restricting the height of structures and objects of natural growth and otherwise regulating the use of property in the vicinity of the Denver City Municipal Airport, Denver City, 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 Denver City Municipal Airport Hazard Zoning Map prepared by the TxDOT Aviation Division, dated January 27, 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 Denver City, Yoakum County, and Gaines County benefit from the use of the Denver City Municipal Airport and the City Council of the City of Denver City permits the Denver City Municipal Airport to be used by the public to an extent that the airport fulfills an essential community purpose; therefore, the Denver City Municipal Airport is used in the interest of the public.
Therefore, be it ordered by the Denver City-Yoakum County-Gaines County Joint Airport Zoning Board of the City Council of the City of Denver City, Texas, the Commissioners Court of Yoakum County and the Commissioners Court of Gaines County, Texas:
These regulations shall be known and may be cited as the “Denver City Municipal Airport Hazard Zoning Regulations.”
(Ordinance 2010-0315 adopted 3/15/10)
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 Denver City Municipal Airport, Denver City, 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 Denver City Municipal Airport is 3,575 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 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, 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 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. 
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.
O. 
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.
P. 
Runway.
A defined area on the airport prepared for the landing and taking off of aircraft along its length. The zoned length of Runway 8-26 at the Denver City Municipal Airport is 5,780 feet. The zoned length of Runway 4-22 at the airport is 3,960 feet.
Q. 
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.
R. 
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.
S. 
Tree.
Any type of flora and an object of natural growth.
T. 
Utility Runway.
A runway designed for and intended to be used by propeller driven aircraft of no more than twelve thousand five hundred (12,500) pounds maximum gross weight. Runway 8-26 and Runway 4-22 at the Denver City Municipal Airport are considered utility runways.
U. 
Visual Runway.
A runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan. Runway 8-26 and Runway 4-22 are considered visual runways.
(Ordinance 2010-0315 adopted 3/15/10)
It shall be the duty of the City Manager of the City of Denver City, or his designee, to administer and enforce the regulations prescribed herein. The Manager or his/her designee is hereby designated as the administrator of this article. The duties of the administrative agency shall include:
(a) 
To promulgate rules and forms as necessary to administer and enforce the provisions of this article;
(b) 
To review and approve or disapprove applications for airport land use permits in accordance with the provisions and timelines of this article and Chapter 241; and
(c) 
To charge and collect applicable fees, as set by the city council, for processing each airport land use permit.
(Ordinance 2010-0315 adopted 3/15/10)
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 Denver City Municipal Airport Hazard Zoning Map consisting of one (1) sheet, prepared by the TxDOT Aviation Division and dated January 27, 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 8-26 and Runway 4-22 at the airport for a utility runway with visual 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 one thousand two hundred and fifty (1,250) feet at a horizontal distance of five thousand (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 Denver City 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.
(Ordinance 2010-0315 adopted 3/15/10)
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. 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 twenty (20) feet in horizontal distance beginning at the end of and at the same elevation as the primary surface and extending to a point five thousand (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 3,925 feet above mean sea level.
C. 
Horizontal Zone.
Established at one hundred fifty (150) feet above the airport elevation, or at a height of 3,725 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 2010-0315 adopted 3/15/10)
Notwithstanding any other provisions 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.
Notice on plats; affidavit when no subdivision plat required
(a) 
Subdivisions requiring subdivision plat.
The recorded subdivision plats of any land located wholly or partially within an “Airport Overlay Zone,” as those zones are defined in Section 4 of these regulations, shall include on its face the following statement:
NOTICE: Individual lots or parcels within this subdivision may be located in an airport overlay zone and may be subject to use restrictions, or increased noise or hazard levels associated with air traffic operations.
(b) 
For construction on land not requiring subdivision plat.
Prior to the issuance of a city building permit for construction of a residential structure or use on property located within any airport overlay zone that has been platted prior to the effective date of this article, or that is not otherwise required to be platted, an affidavit, in the form prescribed by the City Manager of the City of Denver City shall be executed by the owners of the property setting forth, at a minimum, the notice language set forth in subparagraph (a) above. The affidavit shall be recorded by the city in the real property records in the county in which the property is located.
(Ordinance 2010-0315 adopted 3/15/10)
Continuation of Nonconforming Uses, Structures, and Trees
(a) 
Any nonconforming use of land, nonconforming structure, or nonconforming tree existing on or prior to the date of the adoption of these regulations is exempt from all restrictions and requirements set forth in these regulations.
(b) 
No provision contained in these regulations shall be construed as requiring changes in or interference with the nonconforming use or nonconforming planned use of land, so long as such nonconforming use or planned use was in effect, had been previously approved by the appropriate local zoning authority, or was under consideration for approval by the appropriate local zoning authority as of the date of the adoption of these regulations.
(c) 
Nothing contained in these regulations shall be construed as to require the removal, lowering, or other change to any nonconforming structure or tree existing as of the date of the adoption of these regulations.
(d) 
Nothing contained in these regulations shall be construed as to require any change in the construction, alteration, or intended use of any nonconforming structure or land, including all phases or elements of a multiphase structure or planned development, the construction or development of any part of which was begun on or prior to the date of the adoption of these regulations and is diligently prosecuted.
(e) 
A nonconforming structure existing or under construction at the time these regulations are adopted may be extended or enlarged, provided the extension or enlargement meets the requirements of the relevant local zoning authority or is approved by the relevant local zoning authority without regard to these regulations, and provided the extension or enlargement does not exceed the height limitations contained in Section 5 herein, including the excepted height limitation contained in Section 5(e).
(Ordinance 2010-0315 adopted 3/15/10)
A. 
Future uses:
Subject to the provisions of Section 7 above, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted.
(1) 
Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine 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.
B. 
Existing uses:
Subject to the provisions of Section 7 above, no permit shall be granted that would allow the establishment or creation of an 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 these regulations 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.
C. 
Variances:
Subject to the provisions of Section 7 above, any person who desires to erect 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, including the excepted height limitation contained in Section 5(e), 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. Notwithstanding any provision to the contrary, no height variance or application for height variance will be necessary if the excepted height limitation set forth in Section 5(e) will not be exceeded, regardless of the zone. The application for variance may be subjected to an airspace analysis by the Federal Aviation Administration under 14 C.F.R. Part 77, if applicable, 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.
D. 
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 2010-0315 adopted 3/15/10)
A. 
The Board of Adjustment of the City of Denver City 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 Secretary of the City of Denver City, or a designee of such officer, and in the office [of] the County Clerk of Yoakum County. 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 2010-0315 adopted 3/15/10)
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 Denver City, Texas, Yoakum County and Gaines County, Texas and to the Denver City-Yoakum County-Gaines 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 2010-0315 adopted 3/15/10)
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 Denver City, Texas, Yoakum County and Gaines County, Texas and to the Denver City-Yoakum County-Gaines County Joint Airport Zoning Board.
(Ordinance 2010-0315 adopted 3/15/10)
The governing bodies of the City of Denver City, Texas, Yoakum County and Gaines County, Texas and the Denver City-Yoakum County-Gaines 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 2010-0315 adopted 3/15/10)
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 2010-0315 adopted 3/15/10)
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 is 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 2010-0315 adopted 3/15/10)
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 2010-0315 adopted 3/15/10)
Any actions brought forth by any person or taxpayer as a result of the administration, enforcement, or the contesting 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 2010-0315 adopted 3/15/10)
Sixty (60) days following the date of adoption of the Denver City Airport Hazard Zoning Ordinance, the duties, responsibilities, and authority of the Denver City-Yoakum County-Gaines County Joint Airport Zoning Board will become inactive subject to recall jointly by the City of Denver City, and the commissioners court of Yoakum County and Gaines County, Texas.
(Ordinance 2010-0315 adopted 3/15/10)
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 Denver City-Yoakum County-Gaines County Joint Airport Zoning Board.
(Ordinance 2010-0315 adopted 3/15/10)