These regulations may be known and cited as the Airport Zoning Regulations.

A.

In this Chapter:

Act means the Airport Zoning Act [Tex. Loc. Gov't. Code Ann, Chapter 241, as amended].

Airport means the Sugar Land Regional Airport.

Airport Elevation means the highest point of an Airport's usable landing area measured in feet from mean sea level. For the purposes of this Article, Airport elevation is established at 83 feet above mean sea level (MSL).

Airport Hazard means a structure or object of natural growth that obstructs the 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.

Airport Height Hazard Zoning Map means the map showing the height hazard zones around the Airport. The Airport Height Hazard Zoning Map shall be kept on file with the City Secretary and another shall be kept by the Aviation Director.

Airport Zoning Commission means the Sugar Land Planning and Zoning Commission.

Airport Use Zoning Map means the map showing the real property included in the Airport compatible land use zoning districts and Airport noise impact district established by these regulations.

Approach Surface means 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 these regulations. The perimeter of the approach surface coincides with the perimeter of the approach zone.

Avigation Easement means a conveyance of airspace over another property for use by the Airport. An Avigation Easement is used to secure airspace for Airport and runway approach protection and for noise compatibility programs.

Conical Surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet of vertical distance to 1 foot of horizontal distance for a horizontal distance of 4,000 feet.

Controlled Compatible Land Use Area means an area of land located outside Airport boundaries and within a rectangle bounded by lines located no further than 1½ statute miles from the centerline of an instrument or primary runway and lines located no farther than 5 statute miles from each end of the paved surface of an instrument or primary runway.

Department means the City of Sugar Land's Planning Department, or successor by whatever name, that is responsible for the administration and enforcement of the City's zoning ordinance.

District means an Airport zoning district as established by Article III.

Height means, for the purpose of determining height limits in the height hazard zones, the height based on mean sea level elevation, unless otherwise specified.

Horizontal Surface means a horizontal plane 150 feet above the established Airport elevation, the perimeter of which coincides with the perimeter of the horizontal zone.

Nonconforming Structure means a Structure that was lawfully existing on December 4,1996, that did not comply with the height restrictions of this Chapter.

Nonconforming Use means any use of land which does not comply with these regulations and was lawfully erected prior to the date of these regulations.

Non-precision Instrument Runway means 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, non-precision instrument approach procedure has been approved or planned.

Precision Instrument Runway means a runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS), a Microwave Instrument Landing System (MILS), or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved Airport layout plan (ALP) or any other planning document.

Primary Surface means 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. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR Part 77) 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 the primary surface for other than utility runways is 1,000 feet for precision instrument runways and 1,000 feet for non-precision instrument runways with visibility minimums as low as ¾ of a statute mile.

Runway means a defined area on an Airport prepared for landing and take-off of aircraft along its length.

Structure means an object constructed or installed by 1 or more persons and includes a building, tower, smokestack, and overhead transmission lines.

Tree means any object of natural growth.

Transitional Surfaces means surfaces that extend outward at 90 degree angles 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 approach surface, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline.

Zone or Zones means the approach, transitional, horizontal, and conical zones established by these regulations.

B.

Definitions by Reference. Any other words used in these regulations that are not defined herein, shall have the definition as provided for in the Act, this Code or the Code of Ordinances, if any, unless the context clearly indicates otherwise.

The Department is designated as the agency responsible for and shall have the authority to administer and enforce these regulations.

Except as otherwise provided for in these regulations, any nonconforming use of land subject to these regulations shall be governed by the provisions of the Act and the provisions of this Code governing nonconforming uses. If there is a conflict between the Act and this Code governing nonconforming uses, the provisions of the Act control.

A.

Established; Procedures. The City's Zoning Board of Adjustment serves as the Airport Zoning Board of Adjustment for any appeal of or request for a variance to the provisions of these regulations. The Airport Zoning Board of Adjustment has the authority granted by the Act. Except as otherwise provided for herein or the Act, all appeals of or requests for variances to the provisions of these regulations are to be filed, processed, reviewed, determined, and appealed in accordance with the provisions governing appeals and variances to Chapter 2 of this Code.

B.

Variances. Any application for a variance from the provisions of these regulations 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. A variance from the provisions of these regulations may be granted in accordance with the Act. Any variance granted may require that the owner of the structure or tree in question permit the City, at its own expense, to install, operate, and maintain thereon markers and lights as may be necessary to indicate to flyers the presence of an Airport hazard.

C.

Appeals. Appeals from a decision of the Airport Zoning Board of Adjustment shall be made in accordance with the Act.

D.

Conflicts. If any provision of these regulations conflict with the provisions of the Act relating to the duties or procedures of the Airport Zoning Board of Adjustment, the provisions of the Act shall govern.

A.

It is unlawful for any person to intentionally, knowingly, or recklessly violate a provision of these regulations. Any person found guilty of a violation thereof may be fined up to a maximum of $2,000.00 per offense. Each day a violation occurs is a separate offense.

B.

As authorized by the Act, the City Attorney may institute appropriate legal action, including an action for injunctive relief, to prevent or restrain a violation of these regulations.

Four zones, which includes all the land lying beneath the approach surface, transition surface, horizontal surface, and conical surface, as shown on the Airport Height Hazard Zoning Map are established. An area located in more than 1 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.

Runways 17 and 35 - Approach zones are established beneath the approach surface at the end of runways 17 and 35 of the Airport for precision instrument landings and take-offs. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface, its centerline being the continuation of the centerline of the runway.

2.

Transitional Zones - These zones are hereby established as the area beneath the transitional surfaces adjacent to the runways and approach surfaces as indicated on the Airport Height Hazard Zoning Map. These surfaces extend outward and upward at 90 degree angles 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 zones for those portions of the precision approach zones which project through and beyond the limits of the conical surface, extend a distance of 3,000 feet measured horizontally from the edge of the approach zones and at 90 degree angles to the extended runway centerline.

3.

Horizontal Zone - The horizontal zone is hereby established as the area beneath a horizontal plane 150 feet above the established Airport elevation, the perimeter of which is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of the runway 17 and runway 35, and connecting the adjacent arcs by drawing lines tangent to those arcs.

4.

Conical Zone - The area beneath the conical surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

A.

Height Limitations. Except as otherwise provided in this Article, it is unlawful for a person to erect, alter, or maintain a structure or to allow a tree to grow or be maintained in any zone created by these regulations to a height in excess of the applicable height limit for each zone, established as follows:

1.

Runway 17 and 35 Approach Zones - 1 foot in height, 50 feet in horizontal distance beginning at the end of and at the elevation of the primary surface and extending to a horizontal distance of 10,000 feet from the end of the primary surface, then rising 1 foot in height for each 40 feet horizontal distance for an additional 40,000 feet.

2.

Transitional Zones - Slopes 7 feet outward for each 1 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 83 feet above mean sea level. In addition to the foregoing, there are established height limits sloping 7 feet outward for each 1 foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the horizontal and conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping 7 feet for each 1 foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.

3.

Horizontal Zone - Established at 150 feet above the Airport elevation or a height of 233 feet above mean sea level.

4.

Conical Zone - Slopes 20 feet outward for each 1 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.

B.

Excepted Height Limitations. This Article does not prohibit the construction or maintenance of a structure or the growth of a tree to a height of less than 35 feet above the surface of the ground in any zone.

The Airport Height Hazard Zoning Map is adopted as part of this Article. An official copy of the Airport Height Hazard Zoning Map is kept on file with the Director and another by the Director of Aviation.

A person shall not make use of land or water within any zone established by these regulations so 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 or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft using or intending to use the Airport.

Upon receiving a written application, the Department may approve a temporary use permit to allow the temporary erection or use of a crane, tower, or similar structure that would violate a height limitation imposed under these regulations, if the Department determines that the temporary erection and use of the Structure would not create an Airport Hazard. In approving a permit under this Section, the Department may impose conditions or restrictions on the activity allowed under the permit, including lighting requirements and the duration of the permit. Any application for a permit shall be accompanied by a determination from the Federal Aviation Administration as to the effect the proposed activity allowed under the permit would have on the safe use of the navigable airspace. If the Department approves a temporary use permit, any activity allowed under the permit shall be performed in strict accordance with the conditions and restrictions of the permit.

A person must apply for a permit from the Department before replacing, rebuilding, or substantially changing an existing Nonconforming Structure. The Department will grant the permit, unless the replacement, rebuilding, or substantial change would allow the Nonconforming Structure to become higher than it was on December 4, 1996, or become a greater hazard to air navigation than it was on December 4, 1996.

Avigation Easements are a tool to maintain the right for aircraft flight to cause noise or dust and utilize airspace above a property. As of July 21, 2015, the following locations in Sugar Land Avigation Easements have been recorded to maintain air rights for aircrafts traveling to and from Sugar Land Regional Airport:

1.

An Avigation Easement (FBC File No. 2011062765) covering 585 acres in Tract 3, known as the Imperial development, was recorded in 2011.

2.

An Avigation Easement (FBC File No. 2005146908) covering 1651 acre, known as the Telfair development, was recorded in 2005.

3.

Avigation easement(s) adopted after the date above are available in the Director's Office.

A.

To promote compatibility between the Airport and the surrounding land uses, to protect the Airport from incompatible encroachment, and to promote the good health, safety, and general welfare of property users, the following Airport zoning districts are established for a portion of the land located within the Airport's controlled compatible land use area:

These land use zoning districts establish additional regulations to the underlying zoning districts established in Chapter 2.

B.

It is unlawful for any person:

1.

To make use of any premises for a purpose other than what is permitted in the district in which the premises is located; or

2.

To erect, convert, enlarge, reconstruct, or structurally alter any Building or Structure for a purpose other than what is permitted in the district where the Building or Structure is located.

A.

To encourage the appropriate use of land that may be affected by noise from Airport operations, but is not in such close proximity to the Airport as to require restrictions on its use to protect the health or safety of persons residing on or using the land, the following district is established:

B.

There are no land use restrictions imposed in the Airport Noise Impact District under these zoning regulations, but land owners should carefully consider the possible impact of noise from Airport operations on land uses located in the ANID.

A.

All plats approved by the City for any real property located in Airport Zoning District 1 or 2 will contain a statement similar to the following:

The property shown in this plat is located in a compatible land use zoning district established by the Sugar Land City Council. All residential uses and some nonresidential uses are prohibited in the district. Any person proposing to construct improvements or make use of the land included in this plat should contact the City to determine whether the proposed improvements or use are allowed.

B.

Any plats approved by the City for any real property located in the ANID will contain a statement similar to the following:

The property shown in this plat is located within the Airport Noise Impact District (ANID) established by the Sugar Land City Council. Decisions on the use of land located in the ANID should carefully consider the impact of noise from Airport operations on the land use. Any Buildings constructed for human use or occupancy on the property should include noise attenuation measures.

C.

The Department will request that any other governmental entity having jurisdiction over plats located in Airport Zoning District or the ANID, place the applicable statement of this section on the plat.

A.

The Permitted Uses Table is based on the land uses and definitions listed and described in Sections 2-71 and 2-91 of this Code.

B.

In interpreting the Land Use Matrix:

1.

A blank rectangle below a zoning district designation means that the corresponding listed land use is prohibited in that district.

2.

A "P" below a zoning district designation means that the corresponding listed land use is permitted in that district.

C.

The land use matrix is as follows:

(Ord. No. 2149, § 14, 2-19-2019)

The location and boundaries of the districts are shown on the Airport Use Zoning Map, which is adopted herein by reference. The Department is responsible for custody of the Airport Use Zoning Map and will promptly make any changes thereon approved by the City Council. The provisions of an order establishing a district, amending a district classification, or amending a district boundary, controls over any conflicting information shown on the Airport Use Zoning Map.

The boundaries of the districts will be interpreted in accordance with the provisions of the City's zoning ordinance relating to the interpretation of the boundaries of the City's zoning districts.

A.

If the Director determines that a proposed use is not a listed use or there is some ambiguity of its proper classification under the Land Use Matrix, the Director will consider the proposed use and its compatibility with the other uses permitted in the various districts and make a determination as to the district or districts within which the use should be located. In making a determination on the proposed use and appropriate district or districts where the use should be located, the Director will take into account elements such as:

1.

The intensity of the use;

2.

Uses that are similar to the proposed use and districts allowing those uses; and

3.

Operations of the proposed use and its impacts on surrounding areas.

B.

An applicant may appeal the Director's determination to the Zoning Board of Adjustment.

The following procedures apply to any change in a zoning district boundary, classification, or regulation:

1.

Initiation. A zoning change may be initiated by the Aviation Director, the Department, by the Airport Zoning Commission, City Council, or by the landowner filing an application with the Department. The fee for filing the application is the same as required for filing an application for a change in zoning in a City district classification.

2.

Commission Report and Hearing. The Airport Zoning Commission will make a preliminary report on the proposed zoning change and hold a public hearing before submitting a final report to the City Council.

3.

Council Hearing. After receiving the final report of the Airport Zoning Commission, the City Council will hold a public hearing on the proposed zoning change.

4.

Notice of Hearings. The notices of the required public hearings before the Airport Zoning Commission and City Council will be published in an official newspaper or a newspaper of general circulation in each political subdivision in which the Airport hazard area or controlled compatible land use area is located, before the 15th day before the date of the hearings.

5.

Council Action. After the close of the public hearing, the City Council may approve or deny the request, or take whatever other action the City Council deems appropriate.

6.

Reconsideration. If the City Council denies an application for a change in zoning district classification, the Department will not accept an application for the same zoning change within 6 months following the filing date of the application that was denied.

Pursuant to section 241.013 (c) of the Local Government Code, the City Council has determined that the Sugar Land Regional Airport fulfills an essential community purpose.

A.

The hazard area zoning regulations and compatible land use zoning regulations adopted under this Chapter apply to portions of the area located within the City's corporate limits and its extraterritorial jurisdiction as shown on the adopted Airport Height Hazard Zoning Map and Airport Use Zoning Map. The hazard areas zoning regulations and compatible land use zoning regulations that apply within the City's corporate limits are in addition to the zoning regulations imposed under Chapter 2 of this Code for that same area.

B.

As provided for by section 241.901 of the Local Government Code, if the hazard area zoning regulations of this Chapter conflict with any other regulation applicable to the same area, including the zoning regulations adopted under Chapter 2 of this Code, the more stringent limitation or requirement controls.

C.

As provided for by section 241.902 of the Local Government Code, if the compatible land use zoning regulations of this chapter conflict with any other regulation applicable to the same area, including the zoning regulations adopted under Chapter 2 of this Code, the more stringent limitation or requirement controls.