(a)

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

Airport means the Valley International Airport located in Harlingen, Texas.

Airport overlay zoning districts means the areas of land use within the controlled area of the airport and within the 65 and Greater LDN contours of the airport as established in the Federal Aviation Administration, FAR Part 150 Study and attached as Exhibit A to Ord. No. 01-31.

Board of adjustment means the Harlingen Zoning Board of Adjustment as set out in this chapter.

Centerline means a line extending through the midpoint of each end of a runway.

Elevation, airport, means the established elevation of the highest point on the usable landing area measured in feet from mean sea level which is 35 feet above mean sea level.

Hazard, airport, means a structure or object of natural growth that obstructs that air space required for the taking off, landing, and flight of aircraft or that interferes with visual, radar, radio, or other systems for tracking, acquiring data relating to, monitoring, or controlling aircraft.

Hazard area, airport, means any area of land or water upon which an airport hazard might be established if not prevented as provided in this article.

Landing area means the surface area of the airport used for the landing and taking off of aircraft.

Land use, compatible, means the use of land adjacent to the airport that does not endanger the health, safety, or welfare of the owners, occupants, or users of the land because of levels of noise or vibrations, or the risk of personal injury or property damage created by the operations of the airport, including the taking off and landing of aircraft.

LDN. See Yearly day-night average sound level.

Noise level reduction (NLR) means the reduction of outside noise transmitted inside a structure achieved through the incorporation of noise attenuation into the design and construction of the structure.

Structure means an object, including a mobile object, constructed or installed by one or more persons and includes, but is not limited to a building, tower, cranes, smokestacks, earth formation, and overhead transmission lines.

Tree means any object of natural growth.

Yearly day-night average sound level (LDN) means the 24-hour average sound level in decibels, for the period from 12:00 midnight to 12:00 midnight, obtained after the addition of ten decibels to sound levels for the period between 12:00 midnight and 7:00 a.m. and between 10:00 p.m. and 12:00 midnight (local time) as averaged over a span of one year. A mathematical definition of LDN can be found in Federal Aviation Regulation Part 150 on file in the department of planning and development of the City of Harlingen.

(b)

Governing authority; administration and enforcement. In accordance with Texas Local Government Code ch. 241, the planning and zoning commission shall act as the airport zoning commission and the Harlingen City Commission shall act as the airport zoning board.

(c)

Administration and enforcement.

(1)

It shall be the duty of the director of planning and development and chief building official in conjunction with the director of aviation to administer and enforce the regulations prescribed herein. Applications for permits shall be made to the chief building official. Applications for variances shall be made to the director of planning and development and may be considered and granted or denied by the zoning board of adjustments.

(2)

The director of planning and development shall, when directed by the airport zoning board, initiate in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of this chapter or of any order ruling made in connection with its administration or enforcement.

(d)

Airport overlay zones established. The prevention of the establishment of incompatible land use on properties adjacent to the airport are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land. Therefore, for the purpose of regulating the development of noise sensitive land uses to promote compatibility between the airport and the surrounding land uses, to protect the airport from incompatible development and to promote the health, safety, and general welfare of property users, the controlled area of Valley International Airport is divided into three airport overlay zoning districts. The three airport overlay zoning districts established herein shall be known as:

(e)

Airport overlay zoning district map.

(1)

The boundaries of the airport overlay zoning districts set out herein are delineated upon the airport overlay zoning district maps of the city, said airport overlay zoning district map being adopted by reference and made a part of this chapter as fully as if the same were set forth herein in detail.

(2)

An official copy of the airport overlay zoning district map dated November 1992, reflecting the boundaries of the airport overlay zoning districts is hereby adopted; and the mayor and city secretary are authorized to sign and attest the map as the airport overlay zoning district map of the City of Harlingen, a copy of which be incorporated into the official zoning map of the city. Map copies shall be filed as follows:

a.

One copy shall be filed to permanent record as part of this chapter in the office of the city secretary.

b.

One copy shall be filed in the office of the director of planning and development.

c.

One copy shall be filed in the office of the airport manager.

(f)

Airport overlay zoning district boundaries.

(1)

The airport overlay zoning district boundary lines shown on the official airport overlay zoning district map shall be located and delineated along contour lines established in the Federal Aviation Administration FAR Part 150 Study. Where uncertainty exists as to the boundaries of the airport overlay zoning districts as shown on the official maps, the following rules shall apply:

a.

Boundaries shall be scaled from the nearest physical feature shown on the map.

b.

Boundaries may be scaled from the nearest platted lot line as shown on the map.

c.

Distances not specifically indicated on the original airport overlay zoning district map shall be determined by a scaled measurement on the map.

(2)

Where physical features on the ground differ from the information shown on the official airport overlay zoning district map or when there arises a question as to how or where a parcel of property is zoned and such questions cannot be resolved by the application of subsection (g) of this section, the property shall be considered to be classified as the more restrictive airport overlay zoning district.

(3)

Where a parcel of land lies within more than one airport overlay zoning district, the zone within which each portion of the property is located shall apply individually to each portion of the development.

(g)

Use of land and buildings.

(1)

Within the airport overlay zoning districts as defined herein, no land shall hereafter be used and no structure or other object shall hereafter be erected, altered, converted, or modified other than for existing structures which have nonconforming status or for those compatible land uses permitted by underlying comprehensive zoning districts, as specified in the Harlingen Zoning Ordinance (No. 97-35), as amended. Additional land uses are prohibited in the airport overlay zoning districts, regardless of underlying zoning, as set forth in the following land use table:

(2)

Where any use of prohibited land and buildings set forth in subsection (h)(1) of this section conflicts with any use of land and buildings set forth in zoning ordinance No. 97-35, as amended, as an allowed use on the zoning district map, this section shall apply.

(3)

Where the official airport overlay zoning district map indicates an area as being outside the limits of the City of Harlingen, the prohibited uses, as set forth in subsection (h)(1) of this section, shall apply as though the area is within the city and no structure or object shall be erected, altered, converted, or modified except to comply with uses not prohibited by this section.

(4)

Subsection (h) of this section does not apply to property within the official boundaries of the airport.

(5)

As an accessory use to an office, commercial or, industrial development located on a tract of land consisting of 20 or more acres in size, one dwelling unit may be located on the site provided the property owner dedicates, in advance of receiving a building permit, an aviation clear zone easement to the city. The purpose of this easement shall be to establish a maximum height restriction on the use of property and to hold the public harmless for any damages caused by noise, vibration, fumes, dust, fuel, fuel particles or other effects that may be caused by the operation of aircraft landing at, taking off from, or operating on or at, public airport facilities.

(h)

Additional land use regulations.

(1)

Within the City of Harlingen, all regulations in the zoning ordinance (No. 97-35), as amended, shall apply to the development of all property covered by the airport overlay zoning district map based on the underlying zoning of the property.

(2)

On property within the airport overlay zoning district map jurisdiction, but outside the city limits of the City of Harlingen, subsection (i)(1) of this section shall apply to the property to establish the prohibited uses, but no other provisions of the zoning ordinance (No. 97-35), as amended, shall apply to this property.

(3)

Notwithstanding any other provisions of this chapter or other chapter of the city of this Code, no use may be made of land, water, or structures within any zone established by this chapter 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 or 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 flight operations of aircraft utilizing the airport.

(4)

When a subdivision plat or building permit is required for any property within an airport overlay zoning district for Valley International Airport, the property owner shall dedicate an aviation hazard easement to the city over and across that property. This easement shall establish a height restriction on the use of the property and hold the public harmless from any damages caused by noise, vibration, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft taking off, landing, or operating on or near Valley International Airport.

(i)

Noise attenuation requirements.

(1)

Noise zones. For the purpose of this chapter, certain areas within the city boundaries are established as zones subject to significant noise from aircraft. These zones shall be known and designated 65 through 69 LDN and the 70 and greater LDN noise zones; both areas being shown on the airport overlay zoning district map.

(2)

A structure which is located partly within a noise zone and partly outside, or located partly within one or more noise zones shall be considered to be entirely within the more restrictive of the noise zones within which it is located.

(j)

Certification of plans.

(1)

The chief building official shall not issue a building permit for any structure within the zones set forth in subsection (i) of this section unless the plans and specifications accompanying the application for said building permit have been certified by a registered professional engineer or registered professional architect in the State of Texas as meeting the noise level reduction (NLR) standards specified in subsection (k) of this section.

(2)

The registered professional architect or engineer must certify that said plans and specifications shall reduce the noise impact from outdoor to indoor noise level, at least the minimum specified in this division, using commonly accepted engineering and architectural acoustical practices.

(k)

Noise level reduction (NLR) standards.

(1)

In the noise zones, whether inside or outside the limits of the city, allowed land uses shall meet minimum construction standards to achieve a minimum outdoor to indoor NLR as follows:

a.

Airport noise level of 65 through 69 LDN must be reduced by a minimum of 25 decibels.

b.

Airport noise level of 70 and greater LDN must be reduced by a minimum of 30 decibels.

(2)

The required minimum NLR applies to all portions of a structure where the public is received, office areas, public assembly rooms, sleeping areas, noise sensitive areas, or where the normal noise level is low.

(l)

Permits.

(1)

No structure or tree shall be built or located in an airport overlay zoning district unless a permit is obtained.

(2)

The chief building official shall not issue building or remodeling permits for any structure in an airport overlay zoning district unless the applicant fully complies with all provisions of this chapter.

(3)

The environmental public health administrator shall not issue a permit for the installation of a water well and/or septic tank in an airport overlay zoning district unless the chief building official has stated that the permit applicant has complied with all provisions of this chapter.

(4)

Each application for a permit shall indicate the purpose for which the permit is desired with sufficient details to determine whether the resulting use would conform to the regulations of this chapter. If such determination is found to be in compliance with this chapter, the permit may be granted. No permit inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with article XVI of this chapter.

(m)

Public improvements. The city shall withhold all public improvements including the maintenance of streets and the furnishings of water and sewer service unless the applicant for a building permit fully complies with all provisions of this chapter.

(n)

Nonconforming uses and structures. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure not conforming to the regulations as of the effective date of this chapter or otherwise interfere with the continuance of any legal nonconforming use as set forth and governed by sections 111-357 and 111-358.

(o)

Marking and lighting. Notwithstanding subsection (n) 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 manager, to indicate to the operators of aircraft in the vicinity of Valley International Airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the Valley International Airport, City of Harlingen, Texas.

(p)

Appeals.

(1)

Any person aggrieved, or any taxpayer affected by any decision of the city staff made in administration of this chapter may appeal to the board of adjustment.

(2)

All appeals hereunder must be taken within a reasonable time as provided by section 111-442(c).

(Code 1997, § 159.210; Ord. No. 01-31, 4-4-2001; Ord. No. 08-29, 4-2-2008)

(a)

Notification of FAA. Any person who proposes the following construction or alteration shall notify the Federal Aviation Administration (FAA) in accordance with 14 CFR 77 (FAR):

(1)

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

(2)

Any construction or alteration of greater height than an imaginary surface extending outward and upward from an airport runway at a 100:1 slope for a horizontal distance of 20,000 feet from the nearest point of the nearest runway.

It is further declared that the prevention of the creation or establishment of hazards to air navigation; the elimination, removal, alteration or mitigation of hazards to air navigation; or the marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interest in land.

(b)

Airport zones.

(1)

In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land lying beneath the approach surface area, transitional surfaces, horizontal surface area, and conical surfaces as they apply to Valley International Airport. Such zones are shown on the map located in this section of the article. An area located in the zone is considered to have restrictive height limitations as described herein.

(2)

For all areas within the 135-foot elevation contour as identified on the map, any structure erected shall be restricted to height not to exceed the 50-foot limitation allowable for commercially zoned property and 30-foot for residentially zoned property. Height variances will not be allowed within this contour boundary. Wireless communications facilities (WCFs) will not be allowed to exceed these height limits within this contour boundary.

(3)

For all areas within the 85-foot elevation contour as identified on the map, any structure erected shall be restricted to height not to exceed 20 feet at the edge of the airport boundary (unless a more restrictive aerial easement is in effect) and continuing in a straight line incline at the rate of one foot for every 40 feet in distance to a height of 50 feet or elevation contour 135 feet, where the condition in subsection (b)(2) of this section shall commence. WCFs will not be allowed to exceed these height limits within this contour boundary.

(c)

Airport height restriction map.

(1)

The boundaries of the airport height restriction contours set out herein are delineated upon the airport height restriction map of the City of Harlingen, said map being adopted by reference and made a part of this chapter as fully as if the same were set forth herein in detail.

(2)

An official copy of the airport height restriction map, reflecting the boundaries of the height restrictions hereby adopted; and the mayor and city secretary are authorized to sign and attest the map as the Airport Height Restriction Map of the City of Harlingen, a copy of which is incorporated into the official zoning map of the city. Map copies shall be filed as follows:

a.

One copy shall be filed to permanent record as part of this chapter in the office of the city secretary.

b.

One copy shall be filed in the office of the director of planning and development.

c.

One copy shall be filed in the office of the airport manager.

(d)

Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitations or requirements shall govern and prevail.

(Code 1997, § 159.211; Ord. No. 01-27, 3-21-2001)