This division shall be known and may be cited as “Slaton
Municipal Airport Hazard Zoning Ordinance.”
(Ordinance 519, sec. 1, adopted 7/8/91)
As used in this division, unless the context otherwise requires:
The Slaton Municipal Airport.
The established elevation of the highest point on the usable
landing area measured in feet from mean sea level.
Any structure or tree or use of land which obstructs the
airspace required for the flight of aircraft or which obstructs or
interferes with the control or tracking and/or data acquisition in
the landing, taking off or flight at an airport, or at any installation
or facility relating to flight, and tracking and/or data acquisition
of the flight craft; which is hazardous, interferes with or obstructs
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.
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 1.11.104 of this division. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
These zones are set forth in section 1.11.103 of this division.
A board consisting of five (5) members appointed by the city
commission as provided by Texas Local Government Code, section 241.032
(Vernon 1988).
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 four thousand (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.
A horizontal plane one hundred fifty (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 commission and two (2) members appointed by the commissioners
court of the county. The four (4) members so appointed shall elect
a fifth (5th) member who shall serve as chairman of said Slaton-Lubbock
County Joint Airport Zoning Board.
The surface area of the airport used for the landing, takeoff
or taxiing 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 area-type navigation equipment, for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in section 1.11.104 of this division.
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
two hundred (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 the primary
surface is:
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 ninety-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
surface.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller-driven aircraft twelve thousand five hundred (12,500)
pounds maximum gross weight and less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
(Ordinance 519, sec. 2, adopted 7/8/91)
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, transition surfaces,
horizontal surface and conical surface as they apply to the municipal
airport. Such zones are shown on the hazard zoning map consisting
of one (1) sheet, prepared by the state department of aviation [now
the state department of transportation] and dated December 5, 1990,
which is attached to Ordinance 519 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 18-36.
Approach zone is established beneath the
approach surface at the ends of runway 18-36 on the municipal airport
for nonprecision instrument landings and takeoffs. The inner edge
of the approach zone shall have a width of five hundred (500) feet
which coincides with the width of the primary surface at a distance
of two hundred (200) feet beyond each end of the runway, widening
thereafter uniformly to a width of two thousand (2,000) feet at a
horizontal distance of five thousand (5,000) feet beyond each end
of the primary surface, its centerline being the continuation of the
centerline of the runway.
(B)
Runway 8-26.
Approach zone is established beneath the
approach surface at the ends of runway 8-26 on the municipal airport
for visual landings and takeoffs. The inner edge of the approach zone
shall have a width of two hundred fifty (250) feet which coincides
with the width of the primary surface at each end of the runway, widening
thereafter uniformly to a width of one thousand two hundred fifty
(1,250) feet at a horizontal distance of five thousand (5,000) feet
beyond each end of the primary surface, its centerline being the continuation
of the centerline of the runway.
(2)
Transition zones.
Transition zones are hereby established
beneath the transition surfaces adjacent to each runway and approach
surfaces as indicated on the zoning map. Transition surfaces, symmetrically
located on either side of the 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 seven (7) to one (1) from the sides of the
primary surface and from the sides of the approach surfaces.
(3)
Horizontal zone.
The area beneath a horizontal 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
of runway 18-36 and runway 8 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 twenty (20) to one (1) for a horizontal distance of four
thousand (4,000) feet.
(Ordinance 519, sec. 3, adopted 7/8/91)
(a)
Except
as otherwise provided in this division, no structure shall be erected,
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 18-36.
One (1) foot in height for each twenty
(20) feet in horizontal distance beginning at the end of and at the
elevation of the primary surface and extending to a point five thousand
(5,000) feet from the end of the primary surface.
(B)
Runway 2-26.
One (1) foot in height for each twenty
(20) feet in horizontal distance beginning at the end of and at the
elevation of the primary surface and extending to a point five thousand
(5,000) feet from the end of the primary surface.
(2)
Transition zone.
Slopes 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 one hundred fifty (150) feet above the airport elevation which
is three thousand one hundred thirty-one (3,131) feet above mean sea
level.
(3)
Horizontal zone.
Established at one hundred fifty (150)
feet above the airport elevation, or a height of three thousand two
hundred eighty-one (3,281) 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 one hundred fifty (150) feet above the airport elevation and extending
to a height of three hundred fifty (350) feet above the airport elevation
which is three thousand four hundred eighty-one (3,481) feet above
mean sea level.
(b)
Excepted height limitations.
Nothing in this division
shall be construed as prohibiting the growth, construction or maintenance
of any tree or structure to a height up to fifty (50) feet above the
surface of the land.
(Ordinance 519, sec. 4, adopted 7/8/91)
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.
(Ordinance 519, sec. 5, adopted 7/8/91)
(a)
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 (July
8, 1991) 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 (July 8, 1991) and is diligently prosecuted.
(b)
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 city building inspector 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.
(Ordinance 519, sec. 6, adopted 7/8/91)
(a)
Future uses.
Except as specifically provided in subsections (1) and (2) 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. 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 (d).
(1)
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 (75) 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.
(2)
In areas lying within the limits of the approach zones, but at a
horizontal distance of not less than four thousand two hundred (4,200)
feet from each end of the runways, no permit shall be required for
any tree or structure less than seventy-five (75) feet of vertical
height above the ground, except when such tree or structure would
extend above the height limit prescribed for such approach zones.
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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 of the height limits established by this division except as set forth in section 1.11.104(b).
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(b)
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 date
application for a permit is made. Except as indicated, all applications
for such permit shall be granted.
(c)
Nonconforming uses abandoned or destroyed.
Whenever
the city building inspector determines that a nonconforming structure
or tree has been abandoned or more than eighty (80) percent torn down,
physically deteriorated, or decayed, no permit shall be granted that
would allow such structure or tree to exceed the applicable height
limit or otherwise deviate from the zoning regulations.
(d)
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 board of adjustment for a variance from
such regulations in question. The application for 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 do substantial justice, and be in accordance with the spirit of
this division. Additionally, no application for a variance to the
requirements of this division may be considered by the board of adjustment
unless a copy of the application has been furnished to the municipal
airport advisory board for advice as to the aeronautical effects of
the variance. If the municipal airport advisory 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.
(e)
Obstruction marking and lighting.
Any permit or variance
granted may, if such action is deemed advisable by the city building
inspector or the board of adjustment to effectuate the purpose of
this division and be reasonable in the circumstances, be so conditioned
as to require the owner of the structure or tree in question to allow
the city building inspector to install, operate, and maintain, at
the expense of the city, such markings and lights as may be necessary.
(Ordinance 519, sec. 7, adopted 7/8/91)
It shall be the duty of the city building inspector to administer
and enforce the regulations prescribed herein. Applications for permits
shall be made to the city building inspector upon a form published
for that purpose. Applications required by this division to be submitted
to the city building inspector 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
city building inspector who shall forthwith transmit said application
to the board of adjustment for determination.
(Ordinance 519, sec. 8, adopted 7/8/91)
(a)
There
is hereby created a board of adjustment to have and exercise the following
powers:
(1)
To hear and decide appeals from any order, requirement, decision,
or determination made by the city building inspector in the enforcement
of this division;
(2)
To hear and decide special exceptions to the terms of this division
upon which such board of adjustment under such regulations may be
required to pass;
(3)
To hear and decide specific variances.
(b)
The
board of adjustment shall consist of five (5) members appointed by
the city commission and each shall serve for a term of two (2) years
and removable for cause by the appointment authority upon written
charges, after a public hearing.
(c)
The
board of adjustment shall adopt rules for its governance and procedure
in harmony with the provisions of this division. 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 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 absent
or failing 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 city secretary and shall be a public
record.
(d)
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 this division.
(e)
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 city building inspector or to decide in favor of the applicant
on any matter upon which it is required to pass under this division,
or to effect any variation in this division as provided in the Texas
Local Government Code, section 241.032(d) (Vernon 1988).
(Ordinance 519, sec. 9, adopted 7/8/91)
(a)
Any
person aggrieved, or any taxpayer affected, by any decision of the
city building inspector made in his administration of this division,
if of the opinion that a decision of the city building inspector is
an improper application of these regulations, may appeal to the board
of adjustment.
(b)
All
appeals hereunder must be taken within a reasonable time as provided
by the rules of the board of adjustment, by filing with the city building
inspector a notice of appeal specifying the grounds thereof. The city
building inspector shall forthwith transmit to the board of adjustment
all the papers constituting the record upon which the action appealed
from was taken.
(c)
An
appeal shall stay all proceedings in furtherance of the action appealed
from, unless the city building inspector 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 the city building inspector, 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 city building
inspector 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 or by agent or by attorney.
(e)
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.
(Ordinance 519, sec. 10, adopted 7/8/91)
Any person aggrieved, or any taxpayer affected, by any decision
of the board of adjustment, may appeal to a court of competent jurisdiction,
as provided by the Airport Zoning Act, Texas Local Government Code,
section 241.041 (Vernon 1988).
(Ordinance 519, sec. 11, adopted 7/8/91)
The city commission may institute, in any court of competent
jurisdiction, an action to prevent, restrain, correct, or abate any
violation of this division or of any order or ruling made in connection
with its administration or enforcement including, but not limited
to, an action for injunctive relief as provided by the Airport Zoning
Act, Texas Local Government Code, section 241.044 (Vernon 1988).
(Ordinance 519, sec. 12, adopted 7/8/91)
Each violation of this division or of any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor and, upon conviction, shall be punishable by a fine as provided in section 1.01.009 of this chapter, and each day a violation continues to exist shall constitute a separate offense.
(Ordinance 519, sec. 13, adopted 7/8/91)
Where there exists a conflict between any of the regulations
or limitations prescribed in this division and any other regulations
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 govern
and prevail as provided by the Airport Zoning Act, Texas Local Government
Code, section 241.901 (Vernon 1988).
(Ordinance 519, sec. 14, adopted 7/8/91)
