This chapter shall be known and may be cited as "The Garner Field Airport zoning ordinance."

(Prior code § 3-51)

As used in this chapter, unless the context otherwise requires:

"Airport" means Garner Field Airport.

"Airport elevation" means the established elevation of the highest point on the usable landing area measured in feet from mean sea level.

"Airport hazard" means any structure or tree or use of land; which obstructs the air space required for the flights of aircraft or which obstructs or interferes with the control or tracking anchor data acquisition in the landing, taking off or flight at an airport, or at any installation or facility relating to flight, and tracking and/or data acquisition of the flight craft; (or which is) hazardous to, interfering with or obstructing such landing, taking off or flight of aircraft or which is hazardous to or interferes with tracking and/or data acquisition pertaining to flight and flight vehicles.

"Airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.

"Airport reference point" means the point established as the approximate geographic center of the airport landing area and so designated.

"Approach surface" means a surface longitudinally centered on the extended runway center line, 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 Section 17.44.040 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

"Approach, transitional, horizontal, and conical zones" are set forth in Section 17.44.030 of this chapter.

"Board of adjustment" means a board consisting of five members appointed by the city council as provided by Article 46e-10, Revised Civil Statutes.

"Conical surface" means a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand (4,000) feet.

"Hazard to air navigation" means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

"Height", for the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

"Horizontal surface" means 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.

"Joint airport zoning board" means a board consisting of five members, two members of the city council and two members of the commissioner s court of the county. The four member's terms of office shall coincide with their respective elected term of office. The four members so appointed shall elect a fifth member who will be the chairperson of the board. The chairperson's tenure of office will be dependent on the will of the majority of the board members.

"Landing area" means the surface area of the airport used for the landing, take-off or taxiing of aircraft.

"Nonconforming use" means any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.

"Nonprecision 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 nonprecision instrument approach procedure has been approved or planned.

"Obstruction" means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 17.44.040 of this chapter.

"Person" means 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.

"Primary surface" means 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; but 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 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.

For other than utility runways the width is five hundred (500) feet for nonprecision instrument runways having visibility minimums greater than three-fourths 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 any object, constructed or installed by man, including, but without limitation, to buildings, towers, smokestacks and overhead transmission lines.

"Transitional surfaces" means those surfaces which extend outward at ninety (90) degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

"Tree" means any object of natural growth.

(Prior code § 3-52)

In order to carry out the provisions of this chapter, there are created and established certain zones which include all of the land lying beneath the approach surfaces, transition surfaces, horizontal surface and conical surface as they apply to Garner Field Airport. Such zones are shown on zoning map consisting of one sheet, prepared by the Texas Aeronautics Commission, Austin, Texas, and dated April 20, 1982, which is on file with the city and made a part hereof. 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 established and defined as follows:

A.

Approach Zones.

1.

Runway 15 approach zone is established beneath the approach surface at the end of runway 15 on Garner Field Airport for nonprecision instrument landings and take-offs. The inner edge of the approach zone shall have a 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 end of the runway, widening thereafter uniformly to a width of two thousand (2,000) feet at a horizontal distance of five thousand (5,000) feet beyond the end of the primary surface, its centerline being the continuation of the centerline of the runway.

2.

Runway 33 approach zone is established beneath the approach surface at the end of runway 33 on Garner Field Airport for nonprecision instrument landings and take-offs. The inner edge of the approach zone shall have a 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 end of the runway, 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.

Transition Zones. Transition zones are established beneath the transition surface adjacent to each runway and approach surface as indicated on the zoning map. Transition surfaces, symmetrically located on either side of runways, have variable widths as shown on the zoning map. Transitional surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven to one (7:1) from the sides of the primary surface and from the sides of approach surfaces.

C.

Horizontal Zone. The area beneath a horizontal 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 of runway 15-33 and connecting the adjacent arcs by lines tangent to those arcs.

D.

Conical Zone. The area beneath the conical surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand (4,000) feet.

(Prior code § 3-53)

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

A.

Approach Zones.

1.

Runway 15. One foot in height for each twenty (20) feet in horizontal distance beginning at the end of and at the elevation of the primary surface and extending to a point five thousand (5,000) feet from the end of the primary surface.

2.

Runway 33. One foot in height for each thirty-four (34) feet in horizontal distance beginning at the end of and at the elevation of the primary surface and extending to a point ten thousand (10,000) feet from the end of the primary surface.

B.

Transition Zones. Slope seven feet outward for each 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 one hundred fifty (150) feet above the airport elevation which is nine hundred forty-one (941) feet above mean sea level.

C.

Horizontal Zone. Established at one hundred fifty (150) feet above the airport elevation, or a height of one thousand ninety-one (1,091) feet above mean sea level.

D.

Conical Zone. Slopes twenty (20) feet outward for each foot upward 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) feet above the airport elevation.

E.

Excepted Height Limitations. Nothing in this chapter shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to fifty (50) feet above the surface of the land.

(Prior code § 3-54)

Notwithstanding any other provisions of this chapter, no use may be made of land or water 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, 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.

(Prior code § 3-55)

A.

Regulations Not Retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of Ordinance No. 82-22A, 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 begin prior to the effective date of Ordinance No. 82-22A, and was diligently prosecuted.

B.

Marking and Lighting. Notwithstanding subsection A of this section, the owner of any nonconforming structure or tree is required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the city manager of 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.

(Prior code § 3-56)

A.

Future Uses. Except as specifically provided in subsections(A)(1) and (2) of this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone created by this chapter 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. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with subsection D of this section.

1.

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

2.

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

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this chapter except as set forth in Section 17.44.040(E).

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, 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 city manager determines that a nonconforming structure or tree has been abandoned or more than eighty (80) percent 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 or her property, in violation of the regulations prescribed in this chapter, may apply to the board of adjustment 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 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 chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the board of adjustment unless a copy of the application has been furnished to the Uvalde-Uvalde County joint airport zoning board for advice as to the aeronautical effects of the variance. If the Uvalde-Uvalde County joint airport zoning board does not respond to the application within fifteen (15) days after receipt, the board of adjustment may act on its own to grant or deny such application.

E.

Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable by the city manager or the board of adjustment 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 allow the city to install, operate, and maintain, at the expense of the city, such markings and lights as may be necessary.

(Prior code § 3-57)

It shall be the duty of the city manager to administer and enforce the regulations prescribed in this chapter. Applications for permits shall be made to the city manager upon a form published for that purpose. Applications required by this chapter to be submitted to the city manager shall be promptly considered and granted or denied. Applications for variances shall be made to the board of adjustment by first filing such application for variance with the city manager who shall forthwith transmit such application to the board of adjustment for determination.

(Prior code § 3-58)

A.

There is 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 city manager of the city, 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 members appointed by the city council and each shall serve for a term of two years and be removable for cause by the appointment authority 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 chairperson and at such times as the board of adjustment may determine. The chairperson, or in his or her absence the acting chairperson 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 city manager and shall be a public record.

D.

The board of adjustment shall make written findings of fact and conclusions of law stating the facts upon which it relied when making its legal conclusions in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this chapter.

E.

The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the city 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.

(Prior code § 3-59)

A.

Any person aggrieved, or any taxpayer affected, by any decision of the city manager of the city, made in his or her administration of this chapter, if of the opinion that a decision of the city 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 city manager a notice of appeal specifying the grounds thereof. The city 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 city 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 the opinion of city manager 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 city manager 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 ought to be made, and to that end shall have all the powers of the manager.

(Prior code § 3-60)

Any person aggrieved, or any taxpayer affected, by any decision of the board of adjustment, may appeal to a court of competent jurisdiction, as provided by the Airport Zoning Act, as amended, Revised Civil Statutes, Article 46e-11.

(Prior code § 3-61)

The city council may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of this chapter/order or of any order or ruling made in connection with its administration or enforcement including, but not limited to, an action for injunctive relief as provided by the Airport Zoning Act, as amended, Revised Civil Statutes, Article 46e-12.

(Prior code § 3-62)

Each violation of this chapter or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and upon conviction shall be punishable as provided in Section 1.12.010 of this code.

(Prior code § 3-63)