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HomeMy WebLinkAbout04-3437 ord302 ORDINANCE AMENDMENT ORDINANCE NO. 04-3437 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE VIII DIVISION 2, OF THE CITY OF PLAINVIEW CODE OF ORDINANCES TO REGULATE AND RESTRICT THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY IN THE VICINITY OF THE HALE COUNTY AIRPORT BY CREATING THE APPROPRIATE'ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE HALE COUNTY AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE PART 'OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; AND IMPOSING PENALTIES; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; SEVERABILITY CLAUSE; AND EFFECTIVE DATE. WHEREAS, Chapter 2, Article VIII, Division 2, regulates airport activity; and WHEREAS, Texas Administrative Code (TAC), Title 43, Chapter 30, Subchapter C, Section 30.210(d)(13), requires the adoption of airport hazard zoning regulations to restrict the use of land adjacent to or in the immediate vicinity of the airport, and WHEREAS, the Plainview/Hale County Airport Board has reviewed the amendments and made recommendations to the City Council; and WHEREAS, a hearing was held in the Council Chambers of City Hall, Plainview, Texas, at which time persons appeared in support of the proposal; and WHEREAS, it was determined by the City Council that it would be in the best interest to the health, welfare, and safety of the citizens of Plainview, to amend Chapter 2, Article VIII, Division 2, in the manner hereinafter set forth in this ordinance; NOW THEREFORE, The City of Plainview Hereby Ordains That: SECTION I Chapter 2, Article VIII, Division 2, is amended as follows: Amended to add: Section 2-151 Short Title. This Ordinance shall be known and may be cited as the "Plainview/Hale County Airport Zoning Ordinance". Ordinance 04-3437 Airport Zoning Ordinance Page 1 of 10 30 3 Section 2-152 Definitions. As used in this Ordinance, unless the context otherwise requires: Administrative Agency - means an administrative agency to be designated by the PlainviewlHale County Airport Joint Airport Zoning Board to administer and enforce airport zoning regulations. Aircraft - means any weight carrying structure for navigation of the air that is either self propelled or mechanically propelled, including but not limited to, airplanes, -helicopters, gliders and balloons. Airport- means Plainview/Hale County Airport. Airport Elevation - means the established elevation of the highest point on the usable landing area measured in feet from mean sea level (MSL). The elevation of the Plainview/Hale .County Airport is 3,374.0 feet above MSL. Airport Hazard - means any structure or tree or use of land which obstructs the air space required for the flights or takeoff or which obstructs or interferes with the central or tracking and/or data acquisition in the landing, taking off or flight at an airport, or any installation or facility relating in flight, and tracking and/or data acquisition of the flight craft; hazardous, interfering with or obstructing 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. Airport HaZard Area - means any area of land or water upon which an airport hazard might be established if not prevented as provided in this Ordinance. Airport Reference Point - means the point established as the approximate geographic center of the airport landing area and so designated. The airport reference point for the Plainview/Hale County Airport is Latitude 34© 10' 05.3" North; Longitude 101° 43' 02.4' West. Approach Surface - 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 2- 154 of this Ordinance. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone. Approach, Transitional, Horizontal, and Conical Zones - These zones are set forth in Section 2,153 of this Ordinance. Board of Adiustment - A Board consisting of Five (5) members appointed by the City Council, City of Plainview, Hale County, Texas. Conical Surface - 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 4,000 feet. Hazard to Air Navigation - An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. Height - For the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified. Horizontal Surface - A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone. Ordinance 04-3437 Airport Zoning Ordinance Page 2 of 10 304 Joint Airport Zoning Board - means a Board consisting of five (5) members, two (2) members appointed by the City Council, City of Plainview, Texas, and two (2) members appointed by the Commissioners' Court, Hale County, Texas, the four (4) members so appointed shall elect a fifth member, the Chairman. Landinq Area - means the surface area of the Airport used for the landing, take-off or taxing of aircraft. Nonconformin.q Use - any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this Ordinance or an amendment thereto. .Non-precision Instrument Runway - A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or any area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned. Obstruction - Any structure, growth, or other object, including a :mobile.object, which exceeds limiting t~eight set forth in Section 2-15,~ of this Ordinance.- - .Person, means 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. .Primary Surface - A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface: extends 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 betha:t 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 a primary surface is, for other than utility runways~ 500 fee~ for non- preCision instrument runways having visibility minimums greater than three-fourths statute mile. Runway - A defined area on an airport prepared for landing and take-off of aircraft along its length. Structure - An object, including a mobile object, constructed or installed by man, including, but not limited to buildings, towers, cranes, smokestackS, earth formation, and overhead transmission lines. .,Transitional Surfaces - These surfaces extend outward at 9( to the runway centerline and the runway centerline extended at a slope !of (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 surfaces for those portions of the precision approach surfaces, which h and beyond the limits of the conical surface, extend a: distance )0 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centedine. Tree - Any object of natural growth. Ordinance 04-3437 Airport Zoning Ordinance Page 3 of 10 3O5 Section 2-153 Zones. In order to carry out the provisions of this Ordinance, there are hereby created and established certain zones which include all of the land lying beneath the Approach Surfaces, Transitional Surfaces, Horizontal Surface and Conical Surface as they apply to Plainview/Hale County Airport. Such zones are shown on the Plainview/Hale County Airport Zoning Map consisting of one (1) sheet(s), prepared by the Texas Department of Transportation, Aviation Division, Planning and Programming Section and dated January 19, 2004, which is attached to this Ordinance and made 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 1. Runway 4/22 Approach zone is established beneath the approach surface at the end of runway 4/22 on Hale County Airport for non-precision instrument landings and take-offs. The inner edge of the approach zone shall have a width of 500 feet which coincides with the width of the primary surface at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 3,500 feet at a horizontal distance of 10,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. The approach slope extends one (1) foot in height for each thirty-four (34) feet in horizontal -distance beginning at the end of and at the same elevation as primary surface. 2. Runway 13/31 Approach zone is established beneath the approach surface at the end of runway 13/31 on Hale County Airport for non-precision instrument landings and take-offs. The inner edge of the approach zone shall have a width of 500 feet which coincides with the width of the primary surface at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 3,500 feet at a horizontal distance of 10,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. The approach slope extends one (1) foot in height for each thirty-four (34) feet in horizontal distance beginning at the end of and at the same elevation as primary surface. (b) TRANSITION ZONES - Transition zones are hereby established beneath the transition surface adjacent to each runway and approach surface as indicated on the zoning map. Transition surfaces, symmetrically located on either side of runways, have variable widths as shown on the zoning map. Transitional surfaces extend outward and upward at right angles to the runway centedine and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of approach surfaces. (c) HORIZONTAL ZONE - The area beneath a horizontal plane 150 feet above the established airport elevation, or a height of 3,524.0 feet above mean sea level, the perimeter of which is constructed by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of runways 4/22 & 13/31 and connecting the adjacent arcs by lines tangent to those arcs. Ordinance 04-3437 Airport Zoning Ordinance Page 4 of 10 306 (d) CONICAL ZONE - The area beneath the conical surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet. Section 2-154 Heiqht Limitations Except as otherwise provided in this Ordinance, no structure shall be created, altered, or maintained, and no tree shall be allowed to .grow in any zone created by this Ordinance 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: (a) APPROACH ZONES 1. Runway 4/22 - One (1) foot in height for each 34 feet in horizontal distance beginning at the end of and at the elevation of the primary surface and extending to a point 10,200 feet from the end of the runway. 2. Runway 13/31 - One (1) foot in height for each 34 feet in horizontal distance beginning at the end of and at the elevation of the primary surface and extending to a point 10,200 feet from the end of the runway. (b) TRANSITION ZONES 1. Runway 14/22 - Slope 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 150 feet above the airport elevation which is 3,374.0 feet above main sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the horizontal surface. 2. Runway 13/31 - Slope 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 150 feet above the airport elevation which is 3,374.0 feet above main sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the horizontal surface. (c) HORIZONTAL ZONE - Established at one hundred fifty (150) feet above the airport elevation, or a height of 3,524.0 feet above mean sea level. (d) CONCIAL ZONE - Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. Ordinance 04-3437 Airport Zoning Ordinance Page 5 of 10 3O7 (e) EXCEPTED HEIGHT LIMITATIONS - Nothing in this Ordinance shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 35 feet abo~ie the surface of the land. Section 2-155 Use Restrictions. (a) Notwithstanding any other provisions of this Ordinance, no use may be made of land or water within any zone established by this Ordinance 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. (b) Nonconformin,q Uses. (1) Regulations Not Retroactive. The regulations prescribed by this Ordinance 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 Ordinance, 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 Ordinance, and is diligently prosecuted. (2) Markin,q and Li~htin.q. 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 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 City of Plainview and Hale County. (c) Permits (1) Future Uses - Except as specifically provided in A, B, and C, 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 thereafter shall have been applied for and granted by the Administrative Agency. 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 Ordinance shall be granted unless a variance has been approved in accordance with Section 2-155 (f) of this Ordinance. Ordinance 04-3437 Airport Zoning Ordinance Page 6 of 10 3,0 A. 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 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. B. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones. C. in the areas lying within the limits of. the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones. 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 height limits established by this O~'dinance except as set forth in Section 2-154 (e) of this ordinance. (d) 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 effective date of this Ordinance 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. (e) Nonconforminq Uses Abandoned or Destroyed. Whenever the Administrative Agency determines that a nonconforming structure or tree has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to extend the applicable height limit or otherwise deviate from the zoning regulations. (f) 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 Ordinance, may apply tothe City of Plainview Board of Adjustment for a variance from such regulations in question. The application for a 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 would do Ordinance 04-3437 Airport Zoning Ordinance Page 7 of 10 3 09 substantial justice, and be in accordance with the spirit of this ordinance. Additionally, the Board of Adjustment may consider no application for variance to the requirements of this Ordinance, unless a copy of the application has been furnished to the Plainview/Hale County Airport Board for advice as to the aeronautical effects of the variance. If the Plainview/Hale County airport 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. (g) Obstruction Marking and Li~htin.q Any permit or variance granted, if such action is deemed advisable by the Airport Manager or the Board of Adjustment to effectuate the purpose of this Ordinance and be reasonable in the circumstances, may be so conditioned as to require the owner of the structure or tree in question to allow the Airport manager to install, :operate, and maintain, at the expenSe of City of Plainview and Hale County, such markings and lights as may be necessary. (h) Enforcement The Director for Planning for the City of Plainview, or his designee, shall be the official responsible for the administration and enforcement of the airport height hazard zoning regulations and to hear and decide all applications for permits Applications for permits shall be made to the Administrative Agency upon a form published for that purpose. Applications required by this Ordinance to be submitted to the Administrative Agency 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 Administrative Agency who shall forthwith transmit said application to the Board of Adjustment for determination. (i) Appeals. 1. Any person aggrieved, or any taxpayer affected, by any decision of the Airport Manager made in his administration of this Ordinance, if of the opinion that a decision of the Administrative Agency is an improper application of these regulations, may appeal to the City of Plainview Board of Adjustment. 2. All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Adjustment, by filing with the Administrative Agency a notice of appeal specifying the grounds thereof. The Administrative Agency shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. 31. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrative Agency 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 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 due cause shown. Ordinance 04-3437 Airport Zoning Ordinance Page 8 of 10 310 4. 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. 5. The Board of Adjustment may, in conformity with the provisions of this Ordinance, 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. 6. Any person aggrieved, or any taxpayer affected, by any decision of the :Board of Adjustment, may appeal to a court of competent jurisdiction. SECTION II The following sections are changed for purpose of renumbering: Section 2-156 Section 2-157 Section 2-158 Section 2-159 Section 2-160 Prohibition Authorization Procedure Exceptions Penalty Reserved SECTION III Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter herein. SECTION IV All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION V Should any section, subsection, or any portion hereof be deemed invalid for any reason, such holding shall not render or invalidate any other section, subsection,-sentence, provision, clause, phrase or word severable therefrom and the same shall be deemed severable for this purpose. SECTION VI This ordinance shall be of full force and effect upon its passage and publication as required by law. Ordinance 04-3437 AirPort Zoning Ordinance Page 9 of 10 311 PASSED AND APPROVED on first reading this 23rd day of November, 2004. PASSED AND APPROVED on second reading this 14th day of December, 2004. ' ojosa, City~ 3h~~jol~n ~S~rv,ces ' ' APPROVED AS TO FORM: Ily Hatch', City Attorney Ordinance 04-3437 Airport Zoning Ordinance Page 10 of 10 fl ? ~,\ / \., \ EXHIBIT A draft >ntal 3524.0' RW 13 3372.4' End / Source: USGS 7.5' QuadranOes Plainview, Wasson, Hale Center. Happy Union, TX -.% APPROVED. CHAIRMAN JOINT AIRPORT ZONING BOARD D. Benson TxDOTAviadon Divis[or DRAWN 19 Ja~ua~ 2004 DATE LAINVIEW-HALE COUNTY MUNICIPAL AIRPOR-I PLAINVIEW. HALE COUNTY,TEXAS HEIGHT HAZARD ZONING MAP TEXAS DEPARTMENT OF TRANSPORTATION AVIATION DIVISION PLANNING AND PROGRAMMING SECTION 3574.0' 2.000 4.000 6,000 Feet N S Surface / ! 8,0O0 10,000 ,% SECTION THROUGH RUNWAY 04 APPROACH SURF~.CE SECTION NOT TO SCALE CONICAL SURFACE ELEVATION 3724.0' MSL I~r~~HORiZONTAL SURFACE ELEVATION 3524.0' M L