Sherman City Zoning Code
ARTICLE 14
11 SHERMAN MUNICIPAL AIRPORT HAZARD ZONING ORDINANCE
§ 14.11.001 Purpose; findings.
(a)
The city council finds that an airport hazard has the potential for endangering the lives and property of users of the city's municipal airport and property or occupants of land in its vicinity, that an obstruction may affect existing and/or future instrument approach minimums at the city's municipal airport, and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the city's municipal airport and the public investment therein. Accordingly, the city council declares that:
(1)
The city's municipal airport fulfills an essential community purpose;
(2)
The creation or establishment of an airport hazard is a public nuisance and injures the region served by the city's municipal airport;
(3)
It is necessary in the interest of the public health, safety, and general welfare to prevent the creation or establishment of airport hazards; and
(4)
The prevention of these airport hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
(b)
The city council further declares that the prevention of the creation or establishment of airport hazards; the elimination, removal, alteration, or mitigation of airport hazards; and the marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.
(c)
The city council further finds that the city's municipal airport is used in the interest of the public because the city, by contract, license, or otherwise, permits the airport to be used by the public to an extent that the airport fulfills an essential community purpose.
(Ordinance 6555 adopted 12/5/2022)
§ 14.11.002 Short title.
This article shall be known and may be cited as the "Sherman Municipal Airport Hazard Zoning Ordinance."
(Ordinance 6555 adopted 12/5/2022)
§ 14.11.003 Definitions.
As used in this article, the following words have the meanings set forth below unless the context otherwise requires:
Sherman Municipal Airport, Sherman, Texas, including the ultimate development of that facility.
The established elevation of the highest point on the usable landing area measured in feet above mean sea level (MSL). The airport elevation of the city's municipal airport is seven hundred forty-six and one-tenth (746.1) feet above mean sea level (MSL).
Any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft or obstructs or interferes with the control, tracking, and/or data acquisition in the landing, takeoff, or flight at an airport or any installation or facility relating to flight, tracking, and/or data acquisition of the flight craft; that is hazardous to, interferes with, or obstructs such landing, takeoff, or flight of aircraft; or that is hazardous to or interferes with tracking and/or data acquisition pertaining to flight and flight vehicles.
Any area of land or water upon which an airport hazard might be established if not prevented as provided by this article.
A surface longitudinally centered on the extended runway centerline, extending outward and upward from each end of the primary surface and at the same slope as the approach zone height limitation slope set forth in section 14.11.004 of this article. In plan the perimeter of the approach surfaces coincide with the perimeter of the approach zones.
A board appointed by the city council as provided by section 211.008 of Texas Local Government Code.
A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) feet horizontally for each one (1) foot vertically for a horizontal distance of four thousand (4,000) feet.
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of navigable airspace.
For the purpose of determining the height limits in all zones set forth in this article and shown on the hazard zoning map, the datum shall be height above mean sea level (MSL) elevation as measured in feet.
A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance or area type navigation equipment, or a runway for which a straight-in non-precision instrument approach procedure has been approved or planned.
Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this article on the effective date of this article or the effective date of an amendment thereto.
Any structure, tree, or other object, including a mobile object, which exceeds Federal Aviation Regulations (FAR) part 77 imaginary surfaces.
A document issued by development services to erect, replace, or increase the height of any structure, or the construction of a new structure on property, which may include an airspace determination, Form 7460-1, from the FAA.
An individual, firm, partnership, coloration, company, association, joint stock association, or body politic and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative.
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. 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 or crown. The width of the primary surface is five hundred (500) feet for a utility runway having a non-precision instrument approach to either or both ends of that runway.
A defined area on an airport prepared for the landing and taking off of aircraft along its length. The zoned length of runway 16-34 at the city's municipal airport is four thousand (4,000) feet.
An object, including a mobile object, constructed or installed by man including, but not limited to: Buildings, towers, cranes, smokestacks, earth formations, and overhead transmission or power lines.
Surfaces extending outward at ninety (90) degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each one (1) foot vertically from the sides of the primary surface and the approach surfaces to where they intersect the horizontal surface.
Any object of natural growth.
A runway constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight or less.
A runway intended solely for the operation of aircraft using visual approach procedures.
(Ordinance 6555 adopted 12/5/2022)
§ 14.11.004 Airport overlay height zones.
In order to carry out the provisions of this article, 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 the city's municipal airport, as shown in attachment A to Ordinance No. 6413 "airport airspace drawing," and made a part hereof. These zones are created and established for the purposes of regulating and developing uses of land within each zone that do not endanger the health, safety, and general welfare of the owners, occupants, or users of the land because of noise or vibrations or the risk of personal injury or property damage created by the operations of the city's municipal airport, including the taking off and landing of aircraft. 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)
Approach zones.
(A)
An approach zone is hereby established beneath the approach surface at the end of runway 34 at the city's municipal airport for a utility runway with non-precision instrument landings and takeoffs. The approach zone shall have an inner edge width of five hundred (500) feet which coincides with the width of the primary surface at a distance of two hundred (200) feet beyond the runway end, widening thereafter uniformly to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet beyond the end of the primary surface. Its centerline being the continuation of the centerline of the runway.
(B)
An approach zone is hereby established beneath the approach surface at the end of runway 16 at the city's municipal airport for a utility runway with visual landings and takeoffs. The approach zone shall have an inner edge width of five hundred (500) feet which coincides with the width of the primary surface at a distance of two hundred (200) feet beyond the runway end, widening thereafter uniformly to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet beyond the end of the primary surface. Its centerline being the continuation of the centerline of the runway.
(2)
Transitional zones.
Transitional zones are hereby established beneath the transitional surfaces for the runway as indicated on the hazard zoning map. Transitional surfaces, symmetrically located on either side of the runway, have variable widths as shown on the hazard zoning map. Transitional surfaces extend outward at right angles to the runway centerline and the runway centerline extended from the periphery of the primary surface and the approach surfaces to where they intersect the horizontal surface.
(3)
Horizontal zone.
A horizontal zone is hereby established beneath the horizontal surface which is a plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of ten thousand (10,000) feet radii from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs.
(4)
Conical zone.
A conical zone is hereby established beneath the conical surface which extends outward from the periphery of the horizontal surface for a horizontal distance of four thousand (4,000) feet.
(Ordinance 6555 adopted 12/5/2022)
§ 14.11.005 Height limitations.
Except as otherwise provided in this article, no structure shall be erected, altered, or maintained and no tree shall be allowed to grow in any zone created by this article 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)
Approach zones.
Slope one (1) foot in height for each twenty (20) feet in horizontal distance beginning at the ends of and at the same elevation as the primary surface and extending to points ten thousand (10,000) feet from the ends of primary surface. The city's engineering department will review the airspace determination, as issued by the FAA, resulting from the submission of the FAA notice of proposed construction or alteration to determine if any remediation is required as part of the development.
(2)
Transitional zones.
Slope one (1) foot in height for each seven (7) feet in horizontal distance beginning at the sides of and at the same elevation as the primary surface and the approach surfaces and extending to a height of one hundred fifty (150) feet above the airport elevation, or to a height of eight hundred ninety-six (896) feet above mean sea level. The city's engineering department will review the airspace determination, as issued by the FAA, resulting from the submission of the FAA notice of proposed construction or alteration to determine if any remediation is required as part of the development.
(3)
Horizontal zone.
Established at one hundred fifty (150) feet above the airport elevation, or at a height of eight hundred ninety-six (896) feet above mean sea level. The city's engineering department will review and determine if the development has the potential to be a hazard to the navigable airspace, and may require the filing of an FAA Form 7460-1 to receive an airspace determination as part of the development. The development will adhere to the requirements of the airspace determination.
(4)
Conical zone.
Slopes one (1) foot in height for each twenty (20) feet in horizontal distance 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) above the airport elevation, or to a height of one thousand ninety-five (1,095) feet above mean sea level. The city's engineering department will review and determine if the development has the potential to be a hazard to the navigable airspace, and may require the filing of an FAA Form 7460-1 to receive an airspace determination as part of the development. The development will adhere to the requirements of the airspace determination.
(Ordinance 6555 adopted 12/5/2022)
§ 14.11.006 Land use restrictions.
(a)
Unlawful interference.
Notwithstanding any other provision of this article, no use may be made of land or water within any zone established by this article in such a manner as to create electrical interference with navigational signals or radio communications 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)
Permitted uses.
All uses are permitted within each applicable zone established by this article that are permitted by other existing zoning ordinances except as prohibited or regulated by these zoning regulations. Where there is a conflict between the zone restrictions and other zoning regulations, the provisions of the zone shall prevail. Uses within the zones that are not permitted and uses that are hereby regulated are shown in attachment A to Ordinance 6413 "airport airspace drawing," which is attached to and made a part of these zoning regulations.
(Ordinance 6555 adopted 12/5/2022)
§ 14.11.007 Nonconforming uses and structures.
(a)
Regulations not retroactive.
Except as provided by section 241.035 of the Local Government Code, the provisions of this article do not require:
(1)
Changes in nonconforming land use existing on the date of the adoption of the regulations;
(2)
The removal, lowering, or other change of a structure that does not conform to the regulations on the date of their adoption, including all phases or elements of a multi-phase structure, regardless of whether actual construction has commenced, that received a determination of no hazard by the Federal Aviation Administration under 14 C.F.R., part 77, before the regulations were adopted;
(3)
The removal, lowering, or other change of an object of natural growth that does not conform to the regulations on the date of their adoption; or
(4)
Any other interference in the continuation of a use that does not conform to the regulations on the date of their adoption.
(5)
Nothing herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alternation of which was begun prior to the effective date of this article and is diligently prosecuted. Trees are not a permitted nonconforming use.
(b)
Lighting and marking.
Notwithstanding subsection (a) of this section, the owner of any nonconforming structure is required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the city manager or their designated representative to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights, if installed by the city, shall be operated, and maintained at the expense of the city.
(Ordinance 6555 adopted 12/5/2022)
§ 14.11.008 Permits.
(a)
Future uses.
Except as specifically provided hereunder, no structure shall be erected or otherwise established and no tree shall be permitted to grow in any zone hereby created in excess of the excepted height limitation of the zone, and no material change shall be made in the use of land that would create a hazardous condition as described in section 14.11.005, unless a permit therefor shall have been applied for and granted by the city manager or their designated representative. 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 structure, tree, or use would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit allowing inconsistency with the provisions of this article shall be granted unless a variance has been approved in accordance with subsection (d) of this section.
(b)
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.
(c)
Nonconforming uses abandoned or destroyed.
Whenever the city manager or their designated representative determines that a nonconforming use or structure has been abandoned, physically deteriorated, or decayed, as defined in section 14.01.007 (nonconforming uses and structures), no permit shall be granted that would allow such structure to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(d)
Variances.
Any person desiring to erect, replace, or increase the height of any structure, permit the growth of any tree, or use his property in violation of the regulations prescribed in this article must apply to the board of adjustments for a variance from such regulations in question. The application for 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 (form 7460-1 or approved equal form) 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 do substantial justice, and be in accordance with the spirit of this article.
(e)
Obstruction, marking and lighting.
Any permit granted under these regulations may require the owner of the structure, tree or installation in question to install, operate, and maintain thereon such markers and lights as the board of adjustments may find necessary to indicate the presence of the airport hazard. The owner will install, operate and maintain the marking and/or lighting. If the owner does not maintain the marking and/or lighting, the city has the right to enter, make repair and bill the owner for the cost of the repair.
(Ordinance 6555 adopted 12/5/2022)
§ 14.11.009 Enforcement.
It shall be the duty of the city manager or a representative designated by development services to administer and enforce the regulations prescribed herein. Applications for permits shall be made to the office of development services or the designated representative and shall be promptly considered and granted or denied. Applications for variances shall be made to the board of adjustments by first filing said application for variance with development services or the designated representative who shall forthwith transmit said application to the board of adjustments for determination.
(Ordinance 6555 adopted 12/5/2022)
§ 14.11.010 Board of adjustment.
(a)
The board of adjustment appointed by the city council as provided by section 211.008 of Texas Local Government Code is designated as the board of adjustment under this article.
(b)
The board of adjustment has the following powers:
(1)
To hear and decide an appeal, as provided by section 241.036 of the Texas Local Government Code, from any requirement, decision or determination made by the city manager or the designated representative in the enforcement of this article;
(2)
To hear and decide special exceptions to the terms of this article upon which such board of adjustments under such regulations may be required to pass; and
(3)
To hear and decide specific variances under section 241.034 of the Texas Local Government Code.
(c)
The schedule of meetings of the board of adjustment are published annually and are available as part of the development application checklist. The board of adjustment shall comply with section 241.032 of the Texas Local Government Code.
(d)
The concurring vote of four (4) members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of the city manager or their designated representative, to decide in favor of the applicant on any matter upon which it is required to pass under this article, or to effect any variation in this article as provided in section 241.032(d) of the Texas Local Government Code.
(Ordinance 6555 adopted 12/5/2022)
§ 14.11.011 Appeals.
A decision of the city manager or their designated representative made in the administration of this article may be appealed to the board of adjustment in accordance with section 241.036 of the Texas Local Government Code.
(Ordinance 6555 adopted 12/5/2022)
§ 14.11.012 Judicial review.
A person who is aggrieved or a taxpayer who is affected by a decision made under this article by the board of adjustment, or the city council, may appeal to a court of competent jurisdiction as provided by subchapter D of chapter 241 of the Texas Local Government Code.
(Ordinance 6555 adopted 12/5/2022)
§ 14.11.013 Conflicting regulations.
Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulation 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 as provided by section 241.901 of the Texas Local Government Code.
(Ordinance 6555 adopted 12/5/2022)