Truth Or Consequences
City Zoning Code

ARTICLE XVII

OVERLAY DISTRICTS

Sec. 11-17-1.- Airport overlay districts.

PURPOSE. The intent of this Overlay District is to provide supplemental development requirements and restrictions on land in the airport environs, in order to protect the public safety and welfare of people and land uses on the ground and the safety of the flying public. This zone lies atop the general, or base, zone: development must be consistent with both the General Zoning District and this Overlay Zone District.

Developers are encouraged to meet with staff early for a clear understanding of the special processing requirements within this Overlay Zone.

DEFINITIONS. As used in this ordinance, unless the context otherwise requires:

AIRPORT. The Truth or Consequences Municipal Airport.

AIRPORT ELEVATION. The highest point of an airport's existing or proposed usable landing area measured in feet from sea level as shown on the FAA approved ALP. For the Truth or Consequences Municipal Airport, the airport elevation is 4,910 feet.

AIRPORT LAYOUT PLAN (ALP). The plan of existing and planned airport conditions as prepared by the City and approved by the FAA.

AVIGATION EASEMENT. Avigation easement is an easement or right of overflight in the airspace above or in the vicinity of a particular property. It also includes the right to create such noise or other effects as may result from the lawful operation of aircraft in such airspace and the right to remove any obstructions to such overflight.

FEDERAL AVIATION ADMINISTRATION (FAA). The National Aviation Authority of the United States.

FEDERAL AVIATION REGULATIONS (FAR). The rules prescribed by the FAA governing all aviation activities in the United States and codified in the Code of Federal Regulations. The rules are designed to promote safe aviation and for protecting the general public from unnecessary risk. FAR Part 77 is the subsection that addresses the safe, efficient use, and preservation of the navigable airspace.

NON-CONFORMING USE. Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this ordinance, its predecessors, or an amendment thereto.

OBSTRUCTION. Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in this ordinance.

PERSON. An individual, firm, partnership, corporation, company, association, joint stock association, limited liability corporation, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.

10.

PROJECT SPONSOR. The person who is proposing a permanent or temporary structure or tree in any of the zones contained in this ordinance.

11.

RUNWAYS.

LARGER THAN UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.

NON-PRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a non-precision instrument approach procedure has been approved or planned.

PRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing all 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 on an approved airport layout plan or any other planning document.

RUNWAY. A defined area on an airport prepared for landing and takeoff of aircraft along its length. The runway ends are as indicated on the FAA approved ALP.

SMALL or UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.

VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual approach procedures.

12.

RUNWAY PROTECTION ZONE (RPZ). A defined area on an airport to enhance the protection of people and property on the ground.

13.

STRUCTURE. An object, including a mobile or temporary object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

14.

TREE. Any object of natural growth.

15.

SURFACES.

APPROACH SURFACE. 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 set forth in Table 2 of this ordinance. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

CONICAL SURFACE. A 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.

HORIZONTAL SURFACE. A horizontal plane 150 feet above the established airport elevation.

INNER END and OUTER END. The inner end of a surface is the end closest to the runway, the outer end of a surface is the end furthest from the runway.

PRIMARY SURFACE. 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; when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in Table 2 of this ordinance. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

TRANSITIONAL SURFACES. These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (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 precision approach surfaces, 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.

DEVELOPMENT STANDARDS. The Airport Impact Overlay District is divided into six (6) Airport Overlay Impact Sub-Districts (Sub-Districts) as shown in Table 1. The Sub-Districts are based on areas described in FAR Part 77 and FAA Advisory Circulars (AC). Tables 2 and 3 provide dimensional standards for the Sub-Districts. The Sub-Districts are specific to the Airport and are based on the runway configurations as shown on the FAA approved ALP. In addition to development standards for each of the six Sub-Districts, development must also comply with the requirements applicable to the entire overlay, as described below and to the underlying zoning.

Differing development criteria are applied to each Sub-District. Prior to proposed development and/or to the issuance of a building permit, the project shall be reviewed according to the development standards identified in Table 4 and this section, to ensure compatibility with airport operations and to protect the health and safety of people and property on the ground. As Sub-Districts may overlap, the more restrictive Sub-Districts govern.

Table 5 provides the FAR Part 77 Classification and RPZ number for the runways at the Truth or Consequences Municipal Airport.

Table 1: Airport Overlay Impact Districts

Airport Overlay Impact Sub-District	Description	Dimensions		Elevation	Slope (feet horizontal to feet vertical)
1. Primary Surface	An area longitudinally centered on a runway. The runway and close proximity are in this surface.	Length: Paved—the Runway length plus 200 feet each end	Width: Per Table 2	Same as runway	None
1. Primary Surface		Length: Unpaved—the Runway length	Width: Per Table 2	Same as runway	None
2. Approach Surface	An area that begins at the end of the Primary Surface and extends outward and upward. This surface approximates the aircraft flight path during landings and take-offs.	Length: Per table 2	Width: Inner and Outer widths per Table 2	Starts at Primary Surface elevation and gains elevation based on the slope.	Per Table 2
3. Transitional Surface	An area that begins at the edge of the Primary Surface and extends outward and upward until it intersects the Horizontal Surface.	A minimum of 1,050 feet horizontally. The maximum is based on the lowest Primary Surface elevation to the Horizontal Surface elevation.		Starts at Primary Surface elevation and gains elevation based on the slope.	7:1
4. Horizontal Surface	An area above the airport environment where flight operations take place. The Horizontal Surface does not include the Primary, Approach, or Transitional Surfaces.	Connected arcs off of the ends of the Primary Surfaces per Table 2.		150 feet above the airport elevation	None
5. Conical Surface	An area extending outward and upward from the periphery of the Horizontal Surface.	Extends 4,000 feet horizontally from Horizontal Surface.		Starts at Horizontal Surface elevation and gains elevation based on the slope.	20:1
6. Runway Protection Zone(RPZ)	An area off the end of each runway to enhance the protection of people and property on the ground.	Dimensions: Per Table 3, trapezoidal in shape		Ground elevation	None

Table 2: FAR Part 77 Classifications and Dimensions.

Part 77 Classifications	FAR Part 77 Category	Width of Primary Surface and Width of Approach Surface at inner end (feet) (Figure 1, dimension A)	Radius of Horizontal Surface (feet)	Approach Surface Width at End (feet) (Figure 1, dimension C)	Approach Surface Length (feet) (Figure 1, dimension B or D)	Approach Surface Slope (x feet horizontally to y feet vertically)
Visual, Utility Runway	Visual-A	250	5,000	1,250	5,000	20:1
Visual, Larger than Utility Runway	Visual-B	500	5,000	1,500	5,000	20:1
Non-Precision Instrument, Utility Runway	NPI-A	500	5,000	2,000	5,000	20:1
Non-Precision Instrument, Larger than Utility Runway, Visibility Minimums greater than ¾ mile	NPI-C	500	10,000	5,500	10,000	34:1
Non Precision Instrument, Larger than Utility Runway, Visibility Minimums as low as ¾ mile	NPI-D	1,000	10,000	4,000	10,000	34:1
Precision Instrument Runway	PIR	1,000	10,000	16,000	50,000	50:1 for 10,000′, then 40:1 for 40,000′

Source: FAR Part 77

Figure 1 shows the various Part 77 surfaces used in Table 2.

Table 3: Runway Protection Zone Classifications and Dimensions

RPZ Number	Length (feet) Starts 200 feet beyond the physical end of the runway	Inner Width (feet)	Outer Width (feet)
1	1,000	250	450
2	1,000	500	700
3	1,700	500	1,010
4	1,700	1,000	1,510
5	2,500	1,000	1,750

Source: FAA AC 150/5300-13A

Table 4: Developmental Standards

Airport Impact Overlay Sub-District	Height Limit	Residential Development and Density	Non-Residential Development and Density
1. Primary Surface Note (1)	Note (1)	Note (1)	Note (1)
2. Approach Surface	The lower of 45-foot maximum, underlying zoning, or a height under the Approach Surface slope height.	No residential development when the Approach Surface elevation is less than 100 feet.	No non-residential development when the Approach Surface elevation is less than 50 feet.
2. Approach Surface		R-l Single-Family, Low Density Residential standard is allowed when the Approach Surface elevation is more than 100 feet.	Underlying zone standard is allowed when the Approach Surface elevation is more than 50 feet.
3. Transitional Surface	The lower of 45-foot maximum, the underlying zoning, or a height under the Transitional Surface slope height.	No residential development when the Transitional Surface elevation is less than 100 feet.	No non-residential development when the Transitional Surface elevation is less than 50 feet.
3. Transitional Surface		R-l Single-Family, Low Density Residential standard is allowed when the Transitional Surface elevation is more than 100 feet.	Underlying zone standard is allowed when the Transitional Surface elevation is more than 50 feet.
4. Horizontal Surface	45-foot maximum.	Per underlying zoning.	Per underlying zoning.
5. Conical Surface	45-foot maximum.	Per underlying zoning.	Per underlying zoning.
6. Runway Protection Zone Note (1)	Note (1)	Note (1)	Note (1)

Notes:

(1) Only items approved by FAA are allowed in the Primary Surface and Runway Protection Zone

Table 5: Runway FAR Part 77 Classification and RPZ number

Runway (surface)	Part 77 Classifications	RPZ Number
Runway 13-31 (asphalt paved) (Future Runway 13L-31R)	Non-Precision Instrument, Larger than Utility Runway, Visibility Minimums greater than ¾ mile	4
Runway 1-19 (unpaved)	Visual, Larger than Utility Runway	2
Runway 11-29 (unpaved)	Visual, Larger than Utility Runway	2
Runway 7-25 (unpaved)	Visual, Larger than Utility Runway	2
Runway 15-33 (unpaved)	Visual, Larger than Utility Runway	2
Future Runway 7-25 (asphalt paved)	Non-Precision Instrument, Larger than Utility Runway, Visibility Minimums greater than ¾ mile	2
Future Runway 13R-31L (asphalt paved)	Visual, Utility Runway	1

Entire Airport Impact Overlay District

The Municipal Airport Zoning Law (3-39-16 to 3-39-26 NMSA 1978) is hereby incorporated and made a part of this zoning regulation.

Avigation Easement: An avigation easement is required for the development of property within the Airport Impact Overlay Districts Primary Surface, Approach Surface, Transitional Surface, and Runway Protection Zones. Sample avigation easements are available from the City Clerk.

Electronic Interference: Uses that produce electronic or radio interference with the airport's navigation aids will not be permitted.

Lights/Glare: Lighting and building materials must not interfere with visual flight operations, including landing, or make it difficult for flyers to distinguish between airport lights and others. Artificial lighting for buildings, parking lots and landscaped areas must be clearly distinguishable from airport lighting. Reflective surfaces must not cause glare that could temporarily blind a pilot.

Wildlife Attractants: Uses that attract wildlife will not be permitted. Ponds, feedlots, landfills and other uses that attract birds are not compatible land uses within the Airport Impact Overlay District.

No structures, trees, fixed, temporary, or mobile objects shall be erected or allowed to be erected which would exceed the above height limitations.

Other: No use may be made of land within the Airport Impact Overlay District in such a manner as to impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off, or maneuvering of aircraft.

As all development on airport land requires FAA review, FAA approval of City projects constitutes compliance with this ordinance, and no permits or variances are required.

Private development on airport land requires review in accordance with this ordinance as well as FAA approval.

PERMITTED USES. Uses permitted by the underlying General District are allowed only if the use also meets the additional requirements of the Airport Impact Overlay District.

SPECIAL USES. Special uses allowable under the General District may be allowed only if they also meet the supplemental criteria set forth in this Overlay District.

CONDITIONAL USES. Conditional uses allowable under the General District may be allowed if they also meet the criteria set forth in this Overlay District.

NON-CONFORMING USES. Legal uses that existed as of the date of adoption of this ordinance but do not meet the requirements of this Overlay District will be grandfathered in as non-conforming uses.

The owner of any legal non-conforming structure or natural growth is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the City 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 of Truth or Consequences.

COMPLIANCE WITH FAR PART 77. FAR, Part 77, Section 77.9 states that any person/organization who intends to sponsor any of the following construction or alterations must notify the Administrator of the Federal Aviation Administration (FAA):

• Any construction or alteration exceeding 200 feet above ground level.

• Any construction or alteration:

• Within 20,000 feet of a public use airport which exceeds one hundred (100) feet outward for each one (1) foot upward surface from any point on the runway of each airport;

• Any highway, railroad or other traverse way whose prescribed adjusted height would exceed the FAR adjusted heights;

• When requested by the FAA; or

• Any construction or alteration located on a public use airport or heliport regardless of height or location.

Notification is accomplished through the process prescribed by the FAA.

When notice is required under the FAR Part 77, the project sponsor shall provide a copy of the FAA issued Airspace Number to the City Airport Manager at the time of submission to FAA. A copy of the FAA airspace determination for each notice to FAA shall be provided to the City Airport Manager upon receipt from the FAA and shall be included in any permit or variance request. The Building Inspector will assist project sponsors in determining if notice is required.

When notice is not required under the FAR Part 77, the project sponsor shall include the calculations or information from the FAA supporting this decision to the City Airport Manager and Building Inspector for verification.

The City Airport Manager will evaluate all FAA airspace determinations received from the project sponsor and shall inform the project sponsor and the Building Inspector within 15 working days of receipt, if the FAA airspace determination contains any adverse impact to the airport or airspace.

A FAA airspace determination that has an adverse impact will not be issued a permit. Examples of an adverse impact are any condition that changes the airspace, instrument approach procedures, limits airport development, or similar. A variance may be considered after consultation with the FAA on mitigation measures and the project sponsor agreement to the mitigation measures.

APPEALS. The process contained in the Comprehensive Planning and Zoning Code will be used for any appeals or variances requested under this ordinance.

(Ord. No. 633, § 2, 1-8-13)

Editor's note— Ord. No. 633, §§ 1, 2, adopted Jan. 8, 2013, repealed the former § 11-17-1, and enacted a new § 11-17-1 as set out herein. The former § 11-17-1 pertained to overlay districts and derived from Ord. No. 574, adopted Aug. 28, 2007.