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Ord 2849 1/22/1974 ORDINANCE NO. 2849 AN ORDINANCE AMENDING ORDINANCE NO. 2409, REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINITY OF THE SHEPPARD AIR FORCE BASE/WICHITA FALLS MUNICIPAL AIRPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES OF SUCH ZONES: DEFINING CERTAIN TERMS USED HEREIN: REFERRING TO THE SHEPPARD AIR FORCE BASE/WICHITA FALLS MUNICIPAL AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE: PROVIDING FOR ENFORCEMENT: ESTABLISHING A BOARD OF ADJUSTMENT: AND IMPOSING PENALTIES. This ordinance is adopted pursuant to the authority conferred by Articles 46e-1 through 46e-15, Vernon's Annotated Texas Statutes. It is hereby found that an airport hazard endangers the lives and property of users of Sheppard Air Force Base/Wichita Falls, Texas Municipal Airport, and property or occu- pants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, takeoff, and maneuver- ing of aircraft, thus tending to destroy or impair the utility of Sheppard Air Force Base/Wichita Falls, Texas Municipal Airport and the public investment therein. Accordingly, it is declared: that the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by Sheppard Air Force Base/ Wichita Falls Municipal Airport; that it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and that the prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. It is further declared that both the prevention of the creation or establish- ment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivision may raise and expend public funds and acquire land or interests in land. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Ordinance No. 2409 is hereby amended to read as follows: "SECTION I: SHORT TITLE This ordinance shall be known and may be cited as Sheppard Air Force Base/Wichita Falls Municipal Airport Hazard Zoning Ordinance. SECTION II: DEFINITIONS As used in this Ordinance, unless the context otherwise requires: (1) AIRPORT - The Sheppard Air Force Base/Wichita Falls Municipal Airport. (2) AIRPORT ELEVATION - The highest point of an airport's usable landing area measured in feet from mean sea level. This elevation has been established at Sheppard Air Force Base/Wichita Falls Municipal Airport as 1015 feet above mean sea level. (3) AIRPORT HAZARD - Any structure or object of natural, growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft. (4) STRUCTURE - An object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, earth formation and overhead transmission lines. (5) TREE - Any object of natural growth. (6) NONCONFORMING USE - Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this Ordinance or an amendment thereto. (7) HEIGHT - For the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the zgning map, the datum shall be mean sea level elevation unless otherwise specified. (8) PERSON - An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them. (9) BOARD OF ADJUSTMENT - A board consisting of five members appointed by the Board of Aldermen as provided in Art. 46e-10 of the Revised Civil Statutes of Texas. (10) RUNWAY - A defined area on an airport prepared for landing and takeoff of aircraft along its length. (11) VISUAL RUNWAY - A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, or by any planning document submitted to the FAA by competent authority. (12) UTILITY RUNWAY - A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less. (13) 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; 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. The width of the primary surface for runways longer than 5,000 feet is 2,000 feet. (14) CLEAR ZONE SURFACE - A surface located on the ground or water at each end of the primary surface, with a length of 1,000 feet and the same width as the primary surface. (15) APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES - These zones apply to the area under the approach, transitional, horizontal, and conical surfaces defined in FAR 77.28. (16) NON-PRECISION INSTRUMENT RUNWAY - A runway having an existing instru- ment 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, and for which no precision approach facilities are planned or indicated on an FAA planning document. (17) PRECISION INSTRUMENT RUNWAY - A runway having an existing instrument approach procedure utilizing an 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 FAA approved airport layout plan; a military ariport layout plan; any other FAA planning document or military service's military airport planning document. (18) HELIPORT PRIMARY SURFACE - The area of the primary surface coincides in size and shape with the designated landing and takeoff area of a heliport (runway) . This surface is a horizontal plane at the eleva- tion of the established heliport elevation. -2- (19) STOL PRIMARY SURFACE - An imaginary plane, 300 feet wide, centered on the runway. Its length extends 100 feet beyond each runway end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. SECTION III: AIRPORT ZONES In order to carry out the provisions of this Ordinance, there are hereby created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones, and conical zones as they apply to a particular airport. Such zones are shown on Sheppard Air Force Base/ Wichita Falls Municipal Airport Airspace Obstruction Vicinity Map consisting of 1 sheet prepared by U.S. Air Force, and dated July, 1967, which is attached to this Ordinance and made a part hereof. An area located in more than one (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 those areas underneath the following surfaces. (1) PRIMARY SURFACE - A surface located on the ground or water longitudi- nally centered on each runway with the same length as the runway. The width of the primary surface for runways longer than 5,000 feet is 2,000 feet. However, at established air force bases/municipal airports where substantial construction has taken place in accordance with a previous lateral clearance criteria, the 2,000-foot width may be reduced to the former criteria. (2) CLEAR ZONE SURFACE - A surface located on the ground or water at each end of the primary surface, with a length of 1,000 feet and the same width as the primary surface. (3) APPROACH CLEARANCE SURFACE - An inclined plane, symmetrical about the runway centerline extended, beginning 200 feet beyond each end of the primary surface at the centerline elevation of the runway end and extending for 25,000 feet. The slope of the approach clearance surface is 50 to 1 along the runway centerline extended until it reaches an elevation of 500 feet above the established airport eleva- tion (1515 MSL) . (4) APPROACH DEPARTURE CLEARANCE SURFACE (HORIZONTAL) - The continuation horizontally at the approach clearance surface at an elevation of 500 feet above the established airport elevation (1515 MSL) to a point 25,000 feet from the point of beginning. The width of this surface is the same as the end of the approach clearance surface; it flares uniformly to a width of 16,000 feet at 50,000 feet from the runway end. (5) INNER HORIZONTAL SURFACE - A plane, oval in shape, at a height of 150 feet above the established airport elevation (1165 MSL). The plane is constructed by scribing an arc with a radius of 7,500 feet about the centerline at the end of each runway and interconnecting these arcs with tangents. (6) CONICAL SURFACE - A surface extending from the periphery of the inner horizontal surface outward and upward at a slope of 20 to 1 for a horizontal distance of 7,000 feet to a height of 500 feet above the established airport elevation (1515 MSL). (7) OUTER HORIZONTAL SURFACE - A plane, located 500 feet above the estab- lished airport elevation (1515 MSL) , extending outward from the outer periphery of the conical surface for a horizontal distance of 30,000 feet. (8) TRANSITIONAL SURFACES - These surfaces connect the primary surface, the first 200 feet of the clear zone surfaces, and the approach clearance surfaces to the inner horizontal surface, conical surface, outer horizontal surface or other transitional surfaces. The slope of the transitional surface is 7 to 1 outward and upward at right angles to the runway centerline. -3- As Sheppard Air Force Base/Wichita Falls, Texas Municipal Airport is used jointly by military and civilian aircraft, the following airport zones are listed and describe civilian airport zones. Since civilian aircraft zones are less restrictive than military aircraft zones, these zones are included in the most restrictive eight zones previously mentioned in this section. (9) Runway Larger Than Utility Visual Approach Zone - The inner edge of this approach zone coincides with the width of the primary surface and is 2,000 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline being the continuation of the center- line of the runway. (10) Runway Larger Than Utility With a Visibility Minimum Greater Than 3/4 Mile Non-Precision Instrument Approach Zone - The inner edge of this approach zone coincides with the width of the primary surface and is 2,000 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline being the continuation of the centerline of the runway. (11) Precision Instrument Runway Approach Zone - 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 center- line of the runway. (12) Heliport Visual Flight Rules (VFR) Approach Zone - The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 500 feet at a horizontal distance of 4,000 feet from the primary surface. Its centerline being the continuation of the center- line of the primary surface. (13) Heliport Instrument Flight Rules (IFR) Approach Zone - The inner edge of this approach zone coincides with the width of the primary surface and is 300 feet wide. The approach zone expands outward uniformly to a width of 3,400 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline being the continuation of the center- line of the primary surface. (14) STOL Precision Instrument Approach Zone - The inner edge of this approach zone coincides with the primary surface and is 300 feet wide. The approach zone expands outward uniformly to a width of 3,400 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline being the continuation of the centerline of the runway. (15) Heliport VFR Transitional Zones - These zones extend outward from the sides of the primary surface and the approach zones a horizontal distance of 250 feet from the primary surface centerline and the extended primary surface centerline. (16) Heliport IFR Transitional Zones - These zones extend outward from the sides of the primary surface and a portion of the sides of the approach zones a horizontal distance of 350 feet from the primary surface center- line and the extended primary surface centerline. (17) STOL Precision Instrument Transitional Zones - These zones extend outward from the sides of the primary surfaces a horizontal distance of 400 feet and from a portion of the sides of the approach zones a variable horizontal distance of 400 feet at the primary surface end to zero feet at a horizontal distance of 1,500 feet measured outward along the extended primary surface centerline. -4- SECTION IV: AIRPORT ZONE HEIGHT LIMITATIONS Except as otherwise provided in this Ordinance, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this Ordinance to a height in excess of the applicable height limit herein established for such zone. These zones are shown on Sheppard Air Force Base/ Wichita Falls, Texas Municipal Airport Airspace Obstruction Vicinity Map attached to this Ordinance and made a part hereof. Such applicable height limitations are hereby established for each of the zones in question as follows: (1) Primary Surface - No structure or tree will be allowed in the primary surface. (2) Clear Zone Surface - No structure or tree will be allowed in the clear zone surface. (3) Approach Clearance Surface - Slopes upward 50 feet horizontally for each foot vertically beginning 200 feet beyond each end of the primary surface at the centerline elevation of the runway end and extending for 25,000 feet. The slope of the approach clearance surface is 50 to 1 along the runway centerline extended until it reaches an elevation of 500 feet above the established airport elevation (1515 MSL) . (4) Approach Departure Clearance Surface (Horizontal) - A continuation of the approach clearance surface at an elevation of 500 feet above the established airport elevation to a point 25,000 feet from the point of beginning. The width of this surface at the runway end is the same as the primary surface, widening uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet. (5) Inner Horizontal Surface - One hundred and fifty (150) feet above the airport elevation or a height of 1,165 feet above mean sea level (MSL) . (6) Conical Surface - Slopes upward and outward twenty (20) feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at one hundred and fifty (150) feet above the airport elevation (1165 MSL) and extending to a height of 500 feet above the airport elevation (1515 MSL). (7) Outer Horizontal Surface - A plane, located 500 feet above the established airport elevation (1515 MSL), extending outward from the outer periphery of the conical surface for a horizontal distance of 30,000 feet. (8) Transitional Surfaces - Slopes upward and outward seven (7) feet horizontally for each foot vertically beginning at the sides of and at the primary surface and the approach zones, and extending to a height of 150 feet above the airport elevation (1165 MSL) . In addition to the foregoing, there are established height limits sloping upward and outward seven (7) feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones, and extending to where they intersect the inner horizontal surface. Where an area is covered by more than one (1) height limitation, the more restrictive limitation shall prevail. SECTION V: USE RESTRICTIONS Notwithstanding any other provisions of this Ordinance, no use may be made of land or water within any zone established by this Ordinance 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 or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport. -5- SECTION VI: NONCONFORMING USES Regulations Not Retroactive - The regulations prescribed by this Ordinance 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 Ordinance, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein 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 Ordinance, and is diligently prosecuted. Marking and Lighting - Notwithstanding the preceding provision of this section, the owner of any existing 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 Sheppard Air Force Base/Wichita Falls Municipal Airport 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 Sheppard Air Force Base/Wichita Falls Municipal Airport. SECTION VII: PERMITS (1) Future Uses - 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. However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for the respective zone. Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine 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. (2) 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 become a greater hazard to air navigation than it was on the effective date of this Ordinance 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. (3) Nonconforming Uses Abandoned or Destroyed - Whenever the Building Official determines that a nonconforming tree or structure has been abandoned or more than 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. (4) 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 Ordinance, 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 applica- tion or enforcement of the regulations would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this Ordinance. (5) Hazard Marking and Lighting - Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Ordinance and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit Sheppard Air Force Base/Wichita Falls Municipal Airport at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard. -6- SECTION VIII: ENFORCEMENT It shall be the duty of the Building Official to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Building Official upon a form furnished by him. Applications required by this Ordinance to be submitted to the Building Official shall be promptly considered and granted or denied by him. Application for action by the Board of Adjustment shall be forthwith transmitted by the Building Official. SECTION IX: BOARD OF ADJUSTMENT There is hereby created a Board of Adjustment to have and exercise the follow- ing powers: (1) to hear and decide appeals from any order, requirement, deci- sion, or determination made by the Building Official in the enforcement of this Ordinance; (2) to hear and decide special exceptions to the terms of this Ordinance upon which such Board of Adjustment under such regulations may be required to pass; and (3) to hear and decide specific variances. 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 until his successor is duly appointed and qualified. Of the members first appointed, two shall be appointed for a term of 1 year, and three for a term of 2 years. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing. The Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of this Ordinance. 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 the 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 Building Official and shall be a public record. The Board of Adjustment shall make written findings of facts 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 Ordinance. The concurring vote of four members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the Building Official or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect variation in this Ordinance. SECTION X: APPEALS Any person aggrieved, or any taxpayer affected, by any decision of the Building Of- ficial made in his administration of this Ordinance, may appeal to the Board of Adjustment as provided in Article 46e-8 of the Revised Civil Statutes of Texas. All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Adjustment, by filing with the Building Official a notice of appeal specifying the grounds thereof. The Building Official shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Official 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. -7- 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. The Board of Adjustment may, in conformity with the provision of this Ordinance, 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. SECTION XI: JUDICIAL REVIEW The City of Wichita Falls, or any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment, may appeal to any Court of record in Wichita County, as provided in Article 46e-11, Revised Civil Statutes of Texas. SECTION XII: PENALTIES Each violation of this Ordinance or of any regulation, order, or ruling, pro- mulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than $200 dollars, and each day a violation continues to exist shall constitute a separate offense. SECTION XIII: CONFLICTING REGULATIONS Where there exists a conflict between any of the regulations or limitations prescribed in this Ordinance and any other regulations 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. SECTION XIV: SEVERABILITY If any of the provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordi- nance are declared to be severable. SECTION XV: EFFECTIVE DATE WHEREAS, the immediate operation of the provisions of this Ordinance is necessary for the preservation of the public health, public safety, and general welfare, an EMERGENCY is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage and publication." PASSED AND APPROVED THIS 22nd day of January, 1974. MAYOR ATTEST: CITY CLERK -8- SHEPPARD AFB/WICHITA FALLS MUNICIPAL AIRPORT ZONING MAP FILED WITH ORIGINAL ORDINANCE 2849 IN VAULT FILING CABINET