This division shall be known and may be cited as the city municipal
airport hazard zoning ordinance.
(Ordinance 936B adopted 3/7/1978)
As used in this division, unless the context otherwise requires:
The Stanton Municipal Airport.
The highest point of an airport's usable landing area measured
in feet from mean sea level.
Any structure or object of natural growth located on or in
the vicinity of a public airport, or any use of land near such airport,
which obstructs the airspace required for the flight of aircraft in
landing or takeoff at such airport or is otherwise hazardous to such
landing or takeoff of aircraft.
These zones apply to the area under the approach, transitional,
horizontal, and conical surfaces defined in FAR part 77.
A board consisting of five (5) members appointed by the city
council as provided in V.T.C.A., Local Government Code section 241.032.
These are synonymous terms.
For the purpose of determining the height limits in all zones
set forth in this division and shown on the zoning map, the datum
shall be mean sea level elevation unless otherwise specified.
A 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 non-precision
instrument approach procedure has been approved or planned and for
which no precision approach facilities are planned or indicated on
an FAA planning document or military service's military airport planning
document.
Any pre-existing structure, object of natural growth, or
use of land which is inconsistent with the provisions of this division
or an amendment thereto.
An individual, firm, partnership, corporation, company, association,
joint stock association, or governmental entity. It includes a trustee,
receiver, assignee, or similar representative of any of them.
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.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
Any object constructed or installed by man, including, but
without limitation, buildings, towers, smokestacks, earth formations,
and overhead transmission lines.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
and less.
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 plant, a military service's approved military airport
layout plan, or by any planning document submitted to the FAA by competent
authority.
(Ordinance 936B adopted 3/7/1978; Ordinance adopting 2024 Code)
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 within the approach zones, transitional zones, horizontal
zones, conical zones, as they apply to a particular airport. Such
zones are shown on the Stanton Municipal Airport Hazard Zoning Map,
consisting of one sheet, prepared by Freese, Nichols & Richmond
and dated January 1977, which is attached to Ordinance 936B 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)
Utility runway visual approach zone.
The inner edge
of this approach zone coincides with the width of the primary surface
and is two hundred fifty (250) feet wide. The approach zone expands
outward uniformly to a width of one thousand two hundred fifty (1,250)
feet at a horizontal distance of five thousand (5,000) feet from the
primary surface. Its centerline being the continuation of the centerline
of the runway.
(2)
Utility runway non-precision instrument approach zone.
The inner edge of this approach zone coincides with the width of
the primary surface and is five hundred (500) feet wide. The approach
zone expands outward uniformly to a width of two thousand (2,000)
feet at a horizontal distance of five thousand (5,000) feet from the
primary surface. Its centerline being the continuation of the centerline
of the runway.
(3)
Transitional zones.
These zones are hereby established
as the area beneath the transitional surfaces. These surfaces extend
outward and upward at ninety (90) degree angles to the runway centerline
and the runway centerline extended at a slope of seven (7) feet horizontally
for each foot vertically from the sides of the primary and approach
surfaces to where they intersect the horizontal and conical surfaces.
Transitional zones for those portions of the precision approach zones
which project through and beyond the limits of the conical surface
extend a distance of five thousand (5,000) feet measured horizontally
from the edge of the approach zones and at ninety (90) degree angles
to the extended runway centerline.
(4)
Horizontal zone.
The horizontal zone is hereby established
by swinging arcs of five thousand (5,000) feet radii from the center
of each end of the primary surface of each runway, and connecting
the adjacent arcs by drawing lines tangent to those arcs. The horizontal
zone does not include the approach and transitional zones.
(5)
Conical zone.
The conical zone is hereby established
as the area that commences at the periphery of the horizontal zone
and extends outward therefrom a horizontal distance of four thousand
(4,000) feet. The conical zone does not include the precision instrument
approach zones and the transitional zones.
(Ordinance 936B adopted 3/7/1978)
(a)
Except
as otherwise provided in this division, no structure or tree shall
be erected, altered, allowed to grow, or be maintained 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)
Utility runway visual approach zone.
Slopes upward twenty
(20) feet horizontally for each foot vertically, beginning at the
end of and at the same elevation as the primary surface and extending
to a horizontal distance of five thousand (5,000) feet along the extended
runway centerline.
(2)
Utility runway non-precision instrument approach zone.
Slopes upward twenty (20) feet horizontally for each foot vertically
beginning at the end of and at the same elevation as the primary surface
and extending to a horizontal distance of five thousand (5,000) feet
along the extended runway centerline.
(3)
Transitional zone.
Slopes upward and outward seven (7)
feet horizontally for each foot vertically beginning at the sides
of and at the same elevation as the primary surface and the approach
zones, and extending to a height of one hundred and fifty (150) feet
above the airport elevation which is two thousand seven hundred thirty
(2,730) feet above mean sea level. In addition to the foregoing, there
are established height limits sloping upward and outward seven (7)
feet horizontally for each foot vertically beginning at the sides
of and at the same elevation as the approach zones, and extending
to where they intersect the conical surface.
(4)
Horizontal zone.
One hundred fifty (150) feet above
the airport elevation or a height of two thousand eight hundred eighty
(2,880) feet above mean sea level.
(5)
Conical zone.
Slopes upward and outward twenty (20)
feet horizontally for each foot vertically 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.
(6)
Exceptions to 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, except within restricted areas of clear zone
approaches to any runway.
(b)
Where
an area is covered by more than one (1) height limitation, the more
restrictive limitation shall prevail.
(Ordinance 936B adopted 3/7/1978)
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 or otherwise in any way
create a hazard or endanger the landing, takeoff, or maneuvering of
aircraft intending to use the airport.
(Ordinance 936B adopted 3/7/1978)
(a)
Regulations not retroactive.
The regulations prescribed
by this division shall not be construed to require the removal, lowering,
or other changes or alteration of any structure or tree not conforming
to the regulations as of the effective date of this division, or otherwise
interfere with the continuance of a nonconforming use. Nothing contained
herein shall require any change in the construction, alteration, or
intended use of any structure, the construction or alteration of which
was begun prior to the effective date of this division and is diligently
prosecuted.
(b)
Marking and lighting.
Notwithstanding the preceding
provisions of this section, the owner of any existing nonconforming
structure or tree is hereby required to permit the installation, operation,
and maintenance thereon of such markers and lights as shall be deemed
necessary by the airport manager to indicate to the operators of aircraft
in the vicinity of the airport the presence of such airport hazards.
Such markers and lights shall be installed, operated, and maintained
at the expense of the city.
(Ordinance 936B adopted 3/7/1978)
(a)
Future uses.
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)
However, a permit for a tree or structure of less than seventy-five
(75) feet of vertical height above the ground shall not be required
in the horizontal and conical zones or in any approach and transitional
zones beyond a horizontal distance of four thousand two hundred (4,200)
feet from each end of the runway except when such tree or structure,
because of terrain, land contour, or topographic features, would extend
above the height limit prescribed for the respective zone.
(2)
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.
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 become a greater hazard
to air navigation than it was on the effective date of this division
or any amendments thereto or than it is when the 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 airport manager determines that a nonconforming tree or structure
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 not in accordance with the regulations prescribed
in this division, may apply to the board of adjustment for a variance
from such regulations. Such variances may be allowed where it is duly
found that a literal application or enforcement of the regulations
would result in practical difficulty or unnecessary hardship and relief
granted would not be contrary to the public interest, but will do
substantial justice and be in accordance with the spirit of this division.
(e)
Hazard marking and lighting.
Any permit or variance
granted may, if such action is deemed advisable 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 permit the city, at its own expense, to install, operate,
and maintain thereon such markers and lights as may be necessary to
indicate to pilots the presence of an airport hazard.
(Ordinance 936B adopted 3/7/1978)
It shall be the duty of the airport manager to administer and
enforce the regulations prescribed herein. Applications for permits
and variances shall be made to the airport manager upon a form furnished
by him. Applications required by this division to be submitted to
the airport manager shall be promptly considered and granted or denied
by him. Application for action by the board of adjustment shall be
forthwith transmitted by the airport manager.
(Ordinance 936B adopted 3/7/1978)
(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 airport manager 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; and
(3)
To hear and decide specific variances.
(b)
The
board of adjustment shall consist of five (5) members appointed by
the city council and each shall serve for a term of two (2) years
and until his successor is duly appointed and qualified. Of the members
first appointed, one (1) shall be appointed for a term of one (1)
year, two (2) for a term of two (2) years, and two (2) for a term
of three (3) years. Members shall be removable by the appointing authority
for cause, upon written charges, after a public hearing.
(c)
The
board of adjustment shall adopt rules for its governance and 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 other 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 airport manager, and on due cause shown.
(d)
The
board of adjustment shall make written findings of facts and conclusions
of law giving the facts upon which it acted and its legal conclusions
from such facts 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 a majority of the members of the board of adjustment
shall be sufficient to reverse any order, requirement, decision, or
determination of the airport administrator or to decide in favor of
the applicant on any matter upon which it is required to pass under
this division, or to effect variation in this division.
(Ordinance 936B adopted 3/7/1978)
(a)
Any
person aggrieved, or any taxpayer affected, by any decision of the
airport manager made in his administration of this division, 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 airport
manager a notice of appeal specifying the grounds thereof. The airport
manager 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 airport manager 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 his opinion,
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 airport manager, 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.
(f)
The
city council shall have full authority to act in all matters herein
set out for the office of board of adjustment and/or airport manager
should such office or board be vacant or unable to act for any reason.
(Ordinance 936B adopted 3/7/1978)
Any person aggrieved, or any taxpayer affected, by any decision
of the board of adjustment, may appeal to the county court, court
of record, as provided in V.T.C.A., Local Government Code section
241.041.
(Ordinance 936B adopted 3/7/1978; Ordinance adopting 2024 Code)
Each violation of this division or of any regulation, order,
or ruling promulgated hereunder shall constitute a misdemeanor and
be punishable by a fine of not more than two hundred dollars ($200.00),
and each day a violation continues to exist shall constitute a separate
offense.
(Ordinance 936B adopted 3/7/1978)
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.
(Ordinance 936B adopted 3/7/1978)
Subject to like provisions being made by the commissioners'
court of Martin County, Texas, by proper order, duly promulgated and
entered on its minutes, and as authorized by the provisions of the
Airport Zoning Act, as amended, V.T.C.A., Local Government Code chapter
241, there is hereby created a joint airport zoning board, to be known
as the Stanton-Martin County Joint Airport Zoning Board, which shall
have the powers and exercise the duties set forth in V.T.C.A., Local
Government Code chapter 241.
(Ordinance 1042, sec. 1, adopted 11/9/1983; 1994 Code, sec. 12.101; Ordinance adopting 2024 Code)
The Stanton-Martin County Joint Airport Zoning Board shall be
composed of five (5) members, two to be appointed by the city council
of the City of Stanton, Texas, and two (2) members to be appointed
by the commissioners' court of Martin County, Texas. The fifth member
shall be elected by a majority of the members so appointed and said
fifth member shall serve as chairman of the said Stanton-Martin County
Joint Airport Zoning Board.
(Ordinance 1042, secs. 2, 3, adopted 11/9/1983; 1994 Code, sec. 12.102; Ordinance adopting 2024 Code)
