The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative agency shall mean the planning and zoning commission of the city.

Airport shall mean the Cavern City Air Terminal located in the county.

Airport elevation shall mean the established elevation of the highest point on the usable landing area, which is 3,293 M.S.L.

Airport hazard shall mean any structure or tree or use of land which obstructs the air space 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 the airport.

Airport hazard area shall mean any area of land or water upon which an airport hazard might be established if not prevented as provided in this article, and is that area limited by the imaginary surface boundaries, as fully described in Part 77 of the Federal Aviation Regulations.

Airport reference point shall mean the point established as the approximate geographic center of the landing area, and so designated. The geographic coordinates of this point are latitude 32° 20′ 14″ North and longitude 104° 15′ 35″ West.

Airport zoning map shall mean the map, as filed in the office of the planning and zoning commission, dated August 29, 1972, and prepared by D. F. Molzen and Associates, Consulting Engineers.

Board of appeals shall mean the zoning board of appeals of the city.

Height shall mean the distance between the lower limit of an imaginary surface and the mean sea level elevation of the underlying ground or water as shown on the airport zoning map.

Landing area shall mean the area of the airport used for the landing, taking off or taxiing of aircraft.

Nonconforming use shall mean any structure, tree or use of land which is lawfully in existence at the time this chapter is adopted or amended.

Noninstrument runway shall mean a runway other than an instrument runway.

Nonprecision instrument runway shall mean 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, and for which no precision approach facilities are planned or indicated on an FAA planning document.

Precision instrument runway shall mean a runway having an existing instrument approach procedure utilizing instrument landing system (ILS), or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated by an FAA approved airport layout plan.

Runway shall mean any clearly defined strip or pathway designated by appropriate authority for the landing and take-off of aircraft.

Structure shall mean an object constructed or installed by man, including but without limitation, buildings, towers, smokestacks and overhead transmission lines.

Tree shall mean any object of natural growth.

(Code 1974, § 38-81)

(a)

The following airport imaginary surfaces are hereby created and establish the limit above which any projection of a structure, natural growth or object constitutes an airport hazard under this article:

(1)

Primary surface. The primary surface is centered longitudinally and laterally about each runway. It extends 200 feet beyond each end of each runway in a horizontal plane at the same elevation as the associated runway end. Between the ends of the runway it has a uniform gradient as established by the runway and elevations. The width varies as follows:

a.

Precision instrument runways .....1,000 feet

b.

Noninstrument and nonprecision instrument runways .....500 feet

(2)

Approach-departure surface. The approach-departure surface begins at the end of the primary surface, and is centered about the runway centerline extended. From a width equal to that of the primary surface it extends outward and upward and increases uniformly in width as follows:

a.

For precision instrument runways, the approach-departure surface extends outward from the primary surface a distance of 50,000 feet, at which point it is 16,000 feet wide. This approach-departure surface extends outward and upward at a slope of 50 to one for a distance of 10,000 feet from the primary surface, thence at a slope of 40 to one thereafter.

b.

For nonprecision instrument runways the approach-departure surface extends outward from the primary surface a distance of 10,000 feet, at which point it is 3,500 feet wide. This approach-departure surface extends outward and upward at a slope of 34 to one.

c.

For noninstrument runways, the approach-departure surface extends outward from the primary surface a distance of 5,000 feet, at which point it is 1,500 feet wide. This approach-departure surface extends outward and upward at a slope of 20 to one.

(3)

Transitional surface. For all runways, these surfaces extend outward and upward, at right angles to the runway centerline and the runway centerline extended, at a slope of seven to one, from the sides of the primary surface and from the sides of the approach-departure surface, until they intersect the horizontal surface or the conical surface. Transitional surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet, measured horizontally from the approach-departure surfaces and at right angles to the runway centerline extended.

(4)

Horizontal surface. This surface is a horizontal plane, 150 feet above the established airport elevation. The perimeter of the horizontal surface is determined by swinging arcs of specified radii, from the center of each end of the primary surface for each runway, and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:

a.

Five thousand feet for all runways designated as "noninstrument."

b.

Ten thousand feet for all other runways.

The radius of the arc specified for each end of a runway will have the same arithmetic value. That value will be the highest determined for either end of the runway. When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded for the determination of the perimeter of the horizontal surface.

(5)

Conical surface. This surface extends outward and upward, from the periphery of the horizontal surface, at a slope of 20 to one, for a horizontal distance of 4,000 feet at right angles to the tangent of any point on the horizontal surface.

(b)

The airport zoning map, as filed in the office of the planning and zoning commission, is hereby adopted and supersedes all prior airport zoning maps. The imaginary surface boundaries are shown on this exhibit by aerial contours.

(Code 1974, § 38-82)

(a)

Except as otherwise provided in this article, no structure or natural growth shall be erected, altered, allowed to grow, or maintained in an airport hazard area in excess of the height of the imaginary surface above such structure or natural growth.

(b)

Where more than one imaginary surface or the imaginary surfaces of more than one airport exist in the same area, the more restrictive limitation shall prevail.

(c)

In addition to the height restrictions imposed by the imaginary surfaces, no structure or natural growth shall be erected, altered, allowed to grow, or maintained in an airport hazard area at such height as would result in the raising of any minimum flight altitude or ceiling and/or visibility minimum established by federal aviation authorities.

(d)

In the event the imaginary surface boundaries established above are less restrictive for a specific instance than those specified in the Federal Aviation Regulations Part 77, "Objects Affecting Navigable Airspace" as amended or any subsequent amendments thereof, then such federal regulations shall, in effect, be a part of this article and shall be the applicable restriction hereunder. A true and correct copy of such federal regulations and subsequent amendments thereto, shall be kept in the office of the city clerk for the use of the public and those affected thereby.

(Code 1974, § 38-83)

(a)

Except as specifically provided in subsections (a)(1), (2) and (3) of this section, 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 an airport hazard area except by permit. Each application for a permit shall indicate the purpose for which the permit is desired, and shall include sufficient information to allow the administrative agency to determine whether the resulting use, structure or tree would conform to these regulations. If such determination is in the affirmative, the permit shall be granted.

(1)

In the area lying within the limits of the horizontal surface and the conical surface boundaries, no permit shall be required for any tree or structure whose height is less than 75 feet above the ground, except when because of terrain, land contour or topographic features such tree or structure would extend above an imaginary surface.

(2)

In the areas lying within the limits of the approach-departure surface boundaries but farther than 4,200 feet from each end of a runway, no permit shall be required for any tree or structure whose height is less than 75 feet above the ground, except when such tree or structure would extend above the height limit prescribed for such approach-departure surface.

(3)

In the areas lying within the limits of the transition surface boundaries beyond the perimeter of the horizontal surface, no permit shall be required for any tree or structure whose height is less than 75 feet 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 surfaces.

(b)

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this article.

(Code 1974, § 38-84)

A permit shall be required before any nonconforming structure, natural growth or land use in the airport hazard area may be altered, repaired, rebuilt, replaced, replanted or relocated. No permit shall be granted that would allow a nonconforming structure, natural growth or land use to be made or become higher, or become a greater hazard to air navigation than it was on February 27, 1973. Whenever the administrative agency hereof determines that a nonconforming land use has been abandoned or more than 80 percent torn down, damaged, physically deteriorated or decayed, no permit shall be granted that would allow the nonconforming land use to be replaced, repaired or reestablished unless the use fully conforms with the height and use restrictions of this article.

(Code 1974, § 38-85)

Any person desiring to erect or increase the height of any structure, or permit any natural growth, or use his property, not in accordance with the regulations prescribed in this article, shall apply to the administrative agency for a variance from such regulations. Such variances shall be allowed where it is found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship, and the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this article. Applications for such action by the administrative agency shall be made to the building inspector of the city.

(Code 1974, § 38-86)

Any permit or variance granted may 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 flyers the presence of an airport hazard.

(Code 1974, § 38-87)

(a)

Sponsors who propose any construction or alteration of the following type shall give notice to the administrator of the federal aviation administration under the provisions of Part 77, Federal Aviation Regulations:

(1)

Any construction or alteration of more than 200 feet in height above the ground level at its site.

(2)

Any construction or alteration of greater height than an imaginary surface extending outward and upward at a slope of 100 to one for a horizontal distance of 20,000 feet from the nearest point of the nearest runway.

(b)

In the event the construction, alteration or growth for which a permit or variance is being requested falls under these notice requirements or Part 157 entitled "Notice of Construction, Alteration or Deactivation of Airports," final action on applicant's request for a permit or variance shall be deferred until a final determination has been made by the federal aviation authorities.

(Code 1974, § 38-88)

Notwithstanding any other provisions of this article, no use may be made of land within the airport hazard area in such manner as to:

(1)

Create electrical or visual interference with any electronic facility or instrumentation, wherever located, within the airport hazard area, including but not limited to, radio transmitters and receivers, radar installations, landing and navigational aids and weather instruments where such facilities are used in connection with the landing, taking off and maneuvering of aircraft.

(2)

Make it difficult for flyers to distinguish between airport lights and others.

(3)

Result in glare in the eyes of flyers using the airport.

(4)

Impair visibility in the vicinity of the airport.

(5)

Cause physical objects of any nature to penetrate, however briefly, the air space above the imaginary surfaces established herein, such objects including, but not limited to, kites, balloons, projectiles, rockets, model aircraft, derricks and cranes, unless a special temporary permit be obtained from the authorities in charge of the airport.

(6)

Establish or alter privately owned flying fields, strips or heliports, unless found not to be objectionable after a special aeronautical study by the FAA.

(7)

Otherwise endanger the landing, taking off or maneuvering of aircraft.

(Code 1974, § 38-89)

The regulations prescribed in this chapter shall not be construed to require the removal, lowering or other change or alteration of any structure or natural growth in previous lawful existence, but not conforming to these regulations as of February 27, 1973, or otherwise interfere with the continuance of any previously lawful nonconforming use. Nothing contained in this chapter shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to February 27, 1973, and is diligently prosecuted, and would otherwise have been in legal existence upon completion.

(Code 1974, § 38-90)

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 February 27, 1973, or any amendments hereto or than it is when application for a permit is made. Except as indicated, all applications for such permits shall be granted.

(Code 1974, § 38-91)

Notwithstanding the provision of section 56-371 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 administrative agency 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.

(Code 1974, § 38-92)

The planning and zoning commission is hereby designated as the agency charged with the administration and enforcement of this article.

(Code 1974, § 38-93)

The zoning board of appeals of the city is hereby designated as the board of appeals for these regulations, to have and exercise the powers set forth in New Mexico Statutes, 1953 Compilation, section 14-40-20.

(Code 1974, § 38-94)

Any person aggrieved or taxpayer affected by any decision of the administrative agency made in its administration of this article or any officer, department, board or bureau of the city, which is of the opinion that a decision of such administrative agency is an improper application of airport zoning regulations may appeal to the board of appeals under the provisions of New Mexico Statutes, 1953 Compilation, section 14-40-20.

(Code 1974, § 38-95)

Any person aggrieved by any decision of the board of appeals or any taxpayer or any officer, department, board or bureau of the city who is of the opinion that a decision of the board of appeals is illegal, may present to a court of record a verified petition setting forth that the decision is illegal, in whole or in part and specifying the grounds of illegality as provided in New Mexico Statutes, 1953 Compilation, section 14-40-21.

(Code 1974, § 38-96)

Code of Ordinances [Chapter] 56 Permit Fee Schedule

(Ord. No. 2011-15, 10-11-11; Ord. No. 2018-02, Att., 2-13-18)