This Chapter shall be known and may be cited as "San Angelo-Tom Green County Airport Zoning Ordinance."

The following words and terms shall, unless the context requires otherwise, have the following respective meanings:

AIRPORT: The word "airport" shall mean San Angelo Regional Airport/Mathis Field and Goodfellow Air Force Base.

AIRPORT ELEVATION: The term "airport elevation" shall mean the established elevation of the highest point on the usable landing areas.

AIRPORT HAZARD: The term "airport hazard" shall mean any structure, tree or use of land which obstructs the airspace required for or is otherwise hazardous to the flight of aircraft in landing or taking-off at either of the two (2) airports.

AIRPORT MANAGER: All references to the "Airport Manager" in this regulation shall mean the appointed Airport Manager of Mathis Field, San Angelo's Municipal Airport.

AIRPORT REFERENCE POINT: The term "airport reference point" shall mean the point established as the approximate geographic center of the airport landing area and so designated.

BOARD OF ADJUSTMENT: The term "Board of Adjustment" shall mean a board consisting of five (5) members appointed by the joint Airport Zoning Board as provided in Vernon's Annotated Civil Statutes, Article 46e-3.

HEIGHT: The word "height" shall mean, for the purpose of determining the height limits in all zones set forth in this Chapter and shown on the zoning map, mean sea level elevation unless otherwise specified.

INSTRUMENT RUNWAY: The term "instrument runway" shall mean a runway equipped or to be equipped with electronic or visual air navigation aids adequate to permit the landing of aircraft under restricted visibility conditions.

LANDING AREA: The term "landing area" shall mean the area of the airport used for the landing, take-off or taxiing of aircraft.

NONCONFORMING USE: The term "nonconforming use" shall mean any structure, tree or use of land which is lawfully in existence at the time the regulation is prescribed in the ordinance or an amendment thereto becomes effective and does not then meet the requirements of said regulation.

NON-INSTRUMENT RUNWAY: The term "non-instrument runway" shall mean a runway other than an instrument runway.

PERSON: The word "person" shall mean 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.

RUNWAY: The word "runway" shall mean the paved surface of an airport landing strip.

STRUCTURE: The word "structure" shall mean any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead transmission lines.

TREE: The word "tree" shall mean any object of natural growth.

In order to carry out the provisions of this Chapter, there are hereby created and established certain zones which include all of the land lying within the Instrument Approach Zones, Non-Instrument Approach Zones, Transition Zones, Horizontal Zone and Conical Zoning Map consisting of two (2) sheets, prepared by Roy Huffman, City Engineer, City of San Angelo, and dated January 22, 1969, and on Goodfellow Air Force Base Zoning Map, prepared by the Goodfellow Air Force Base Civil Engineer, and dated May, 1973, which by reference are made a part hereof. The various zones are hereby established and defined as follows:

I.

SAN ANGELO REGIONAL AIRPORT/MATHIS FIELD:

(A)

Instrument Approach Zone: An instrument approach zone is established at each end of the instrument runway for instrument landings and take-offs. The instrument approach zone shall have a width of one thousand feet (1,000') at a distance of two hundred feet (200') beyond each end of the runway, widening thereafter uniformly to a width of sixteen thousand feet (16,000') at a distance of fifty thousand two hundred feet (50,200') beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

(B)

Non-Instrument Approach Zone: A non-instrument approach zone is established at each end of all non-instrument runways on San Angelo Regional Airport/Mathis Field for non-instrument landings and take-offs. The non-instrument approach zone shall have a width of five hundred feet (500') at a distance of two hundred feet (200') beyond each end of the runway, widening thereafter uniformly to a width of two thousand five hundred feet (2,500') at a distance of ten thousand two hundred feet (10,200') beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

(C)

Transition Zones: Transition zones are hereby established adjacent to each instrument and non-instrument runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of runways have variable widths as shown on the zoning map. Transition zones extend outward from a line two hundred fifty feet (250') on either side of the centerline of the non-instrument runway, for the length of such runways, plus two hundred feet (200') on each end; and five hundred feet (500') on either side of the centerline of the instrument runway, for the length of such runway plus two hundred feet (200') on each end, and are parallel and level with such runway centerlines. The transition zones along such runways slope upward and outward one foot (1') vertically for each seven feet (7') horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to both instrument and non-instrument approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the zoning map. Such transition zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one foot (1') vertically for each seven feet (7') horizontally to the points where they intersect the surfaces of the horizontal and conical zones. Additionally, transition zones are established adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, extending a distance of five thousand feet (5,000') measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the centerline of the runway.

(D)

Horizontal Zone: A horizontal zone is hereby established as the area within a circle with its center at the Airport Reference Point and having a radius of eleven thousand five hundred feet (11,500'). The horizontal zone does include the instrument and non-instrument approach zones and the transition zones.

(E)

Conical Zone: A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of seven thousand feet (7,000'). The conical zone does not include the instrument approach zones and transition zones.

II.

GOODFELLOW AIR FORCE BASE:

(A)

Instrument Approach Zones: An instrument approach zone is hereby established at each end of the instrument runway for instrument landings and take-offs. The instrument approach zone shall have a width of two thousand feet (2,000') at a distance of two hundred feet (200') beyond each end of the runway, widening thereafter uniformly to a width of sixteen thousand feet (16,000') at a distance of fifty thousand two hundred feet (50,200') beyond each end of the runway, the centerline of said zone being the continuation of the centerline of the runway.

(B)

Non-Instrument Approach Zone: A non-instrument approach zone is hereby established at each end of all non-instrument runways for non-instrument landings and take-offs. This zone shall be identical in shape and height to the instrument approach zone described in paragraph (A) above.

(C)

Transition Zones: Transition zones are hereby established adjacent to each instrument and non-instrument runway as indicated on the zoning map. All transition zones are established as the area beneath the transitional surfaces. Those surfaces extend outward and upward at ninety degree (90°) angles to the runway centerlines and the runway centerlines extended at a slope of seven feet (7') horizontally for each foot vertically from the sides of the primary and approach surfaces to the point at which 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 feet (5,000') measured horizontally from the edge of the approach zones and at ninety degree (90°) angles to the extended runway centerline.

(D)

Horizontal Zone: The horizontal zone is hereby established by swinging arcs of seven thousand five hundred feet (7,500') 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.

(E)

Conical Zone: A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom for a distance of seven thousand feet (7,000'). The conical zone does not include the instrument approach zone and the transition zone.

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow or maintained in any zone created by this Chapter to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones in question as follows:

I.

SAN ANGELO REGIONAL AIRPORT/MATHIS FIELD:

(A)

Instrument Approach Zone: One foot (1') in height for each fifty feet (50') in horizontal distance beginning at a point two hundred feet (200') from and at the elevation of the end of the instrument runway and extending to a distance of ten thousand two hundred feet (10,200') from the end of the runway; thence one foot (1') in height for each forty feet (40') in horizontal distance to a point fifty thousand two hundred feet (50,200') from the end of the runway.

(B)

Non-Instrument Approach Zone: One foot (1') in height for each forty feet (40') in horizontal distance beginning at a point two hundred feet (200') from and at the elevation of the end of the non-instrument runway and extending to a point ten thousand two hundred feet (10,200') from the end of the runway.

(C)

Transition Zones: One foot (1') in height for each seven feet (7') in horizontal distance beginning at any point two hundred fifty feet (250') normal to and at the elevation of the centerline of non-instrument runways extending two hundred feet (200') beyond each end thereof and five hundred feet (500') normal to and at the elevation of the centerline of the instrument runway, extending two hundred feet (200') beyond each end thereof, extending to a height of one hundred fifty feet (150') above the airport elevation which is one thousand nine hundred fifteen feet (1,915') above mean sea level. In addition to the foregoing, there are established height limits of one foot (1') vertical height for each seven feet (7') horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one foot (1') for each seven feet (7') of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of five thousand feet (5,000') from the edge of the instrument approach zone measured normal to the centerline of the runway extended.

(D)

Horizontal Zone: One hundred fifty feet (150') above the airport elevation or a height of two thousand sixty-five feet (2,065') above mean sea level; and

(E)

Conical Zone: One foot (1') in height for each twenty feet (20') of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of five hundred feet (500') above the airport elevation.

Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail.

Nothing in this Chapter shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to forty-five feet (45') above the surface of the land.

II.

GOODFELLOW AIR FORCE BASE:

(A)

Instrument and Non-Instrument Approach Zone: One foot (1') in height for each fifty feet (50') in horizontal distance beginning at a point two hundred feet (200') from and at the elevation of the end of the runway and extending to a distance of ten thousand two hundred feet (10,200') from the end of the runway. It then continues horizontally at this elevation to a point fifty thousand feet (50,000') from the point of beginning.

(B)

Transition Zones: Slopes upward and outward seven feet (7') 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 fifty feet (150') above the airport elevation, which is one thousand eight hundred and seventy-seven feet (1,877') above the mean sea level. In addition to the foregoing, there are established height limits sloping upward and outward seven feet (7') horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zone, and extending to where they intersect the conical surface. Where the runway approach zone projects beyond the conical zone, height limits sloping upward and outward seven feet (7') horizontally for each foot vertically shall be maintained beginning at the sides of and at the same elevation as the precision instrument runway approach surface, and extending to a horizontal distance of five thousand feet (5,000') measured at ninety degree (90°) angles to the extended runway centerline.

(C)

Horizontal Zone: One hundred fifty feet (150') above the airport elevation or a height of two thousand twenty-seven feet (2,027') above mean sea level.

(D)

Conical Zone: Slopes upward and outward twenty feet (20') horizontally for each foot vertically beginning at the periphery of the horizontal zone and at one hundred fifty feet (100') [sic] above the airport elevation and extending to a height of five hundred feet (500') above the airport elevation.

Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail.

Nothing in this chapter shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to forty-five feet (45') above the surface of the land.

Notwithstanding any other provisions of this chapter, no use may be made of land within any zone established by this chapter, in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking-off or maneuvering of aircraft.

(A)

Regulation Not Retroactive. The regulations prescribed in this Chapter 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 Chapter, 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 Chapter 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 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.

(A)

Future Uses. Except as specifically provided in subsections (A) 1., 2. and 3. hereunder, 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. 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.

1.

In the area lying within the limits of the Horizontal Zone and the Conical Zone, no permit shall be required for any tree or structure less than seventy-five feet (75') 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 zone.

2.

In the areas lying within the limits of the instrument and non-instrument approach zones but at a horizontal distance of not less than four thousand two hundred feet (4,200') from each end of the runways, no permit shall be required for any tree or structure less than seventy-five feet (75') of vertical height above the ground, except when such tree or structure would extend above the height limits prescribed for such instrument or non-instrument approach zone.

3.

In the area 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 (75') 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, alteration or growth of any structure or trees in excess of any of the height limits established by this Chapter except as set forth in Section 3-3-4.

(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 be made or become higher, or become a greater hazard to air navigation, than it was on the effective date of this Chapter 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.

(C)

Nonconforming Uses Abandoned or Destroyed. Whenever the Airport Manager determines that a nonconforming structure or tree has been abandoned or more than eighty percent (80%) 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 Chapter, may apply to the Board of Adjustment for a variance from such regulations. Such variances shall 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 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 Chapter.

(E)

Hazard Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Chapter 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 flyers the presence of an airport hazard.

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 Chapter to be submitted to the Airport Manager shall be promptly considered and granted or denied by him. Applications for action by the Board of Adjustment shall be forthwith transmitted by the Airport Manager.

(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 Chapter; (2) to hear and decide special exceptions to the terms of this Chapter 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 Joint Airport Zoning Board and each shall serve for a term of three (3) years and until his successor is duly appointed and qualified. Of the members first appointed one shall be appointed for a term of one 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 procedure [in] harmony with the provisions of this chapter. 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 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 shall be a public record.

(D)

The Board of Adjustment shall make written findings of fact 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 chapter.

[(E) Reserved]

(F)

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 Manager or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in this chapter.

State Law reference— Airport zoning board of adjustment, V.T.C.A., Local Government Code, sec. 241.032.

(A)

Any person aggrieved or any taxpayer affected by any decision of the Airport Manager made in his administration of this Chapter if of the opinion that a decision of the Airport Manager 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 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 agency from which the appeal is taken 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 Chapter, 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.

Any person aggrieved or any taxpayer affected by any decision of the Board of Adjustment may appeal to the Court of Competent Jurisdiction as provided in Vernon's Annotated Civil Statutes, Article 46e-1-15, "Airport Zoning Regulations."

(Amended 3-5-74)

Any person violating any of the provisions of this Chapter shall, upon conviction, be fined in any sum of money not less than one dollar ($1.00) nor more than two hundred dollars ($200.00). Each day any such violation of this Chapter shall exist shall constitute a separate offense.

(Amended 3-5-74 and 6-8-76)