Loading...
Ord 2409 4/16/1968 4 t - ORDINANCE NO. 60 AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINITY OF SHEPPARD AIR FORCE BASE BY CREATING AIRPORT APPROACH ZONES, TRANSITION ZONES, HORIZONTAL ZONE AND CONICAL ZONE, AND ESTABLISHING THE BOUNDARIES THEREOF: PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES -OF SUCH ZONES: DEFINING CERTAIN TERMS USED HEREIN: REFERRING TO THE SHEPPARD AIR FORCE BASE, AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE: PROVIDING FOR ENFORCEMENT: ESTABLISHING A BOARD OF APPEALS: AND IMPOSING PENALTIES. It is hereby found that an airport hazard endangers the lives and property of users of Sheppard Air Force Base and of occupants of land or to property in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of Sheppard Air Force Base and the public investment therein. Accordingly, it is declared: (1) that the creation or establishment or an airport hazard is a public nuisance and an injury to the region served by Sheppard Air Force Base; (2) 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; (3) 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 establishment of airport hazards and the elimi- nation, removal, alteration, mitigation, or marking and lighting of existing • airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or interests in land. IT IS HEREBY ORDAINED BY The Board of Aldermen of the City of Wichita Falls, Texas as follows: SECTION I. SHORT TITLE This Ordinance shall be known and may be cited as "Sheppard Air Force Base Airport Zoning Ordinance." SECTION II: DEFINITIONS As used in this Ordinance, unless the context otherwise requires: (1) AIRPORT - Means Sheppard Air. Force Base. (2) AIRPORT ELEVATION - Means the established elevation of the highest point on the usable landing area (1,015 feet) . (3) AIRPORT HAZARD - Means any structure or tree or use of land which obstructs the air space required for the flight of aircraft or which obstructs or interferes with the control or tracking and/or 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 flight craft; hazardous, 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. (4) AIRPORT REFERENCE _POINT - Means the point established as the approximate geographic center of the airport landing area and so designated. (5) BOARD OF ADJUSTMENT - Means 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. (6) HEIGHT - For the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the zoning map, the datum shall be mean • sea level elevation unless otherwise specified. (7) INSTRUMENT RUNWAY - Means a runway equipped or to be equipped with a precision electronic navigation aid or landing aid or other air navigation facilities ,. suitable to permit the landing of aircraft by an instrument approach under restricted visibility conditions. (8) LANDING AREA - Means the area of the Airport used for the landing, taking , off or taxiing of aircraft, (9) NONCONFORMING USE - Means any pre-existing structure, tree, natural growth or use of land which is inconsistent with the provisions of this Ordinance or an amendment thereto. 4 . (10) NONINSTRUMENT RUNWAY - Means a runway other than an instrument runway. (11.) 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. (12) RUNWAY - Means the paved surface of an airport landing strip. (13) STRUCTURE - Means an object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines. (14) TREE - Means any object of natural growth. SECTION III: 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 instrument approach zones, noninstrument approach zones, transi- tion zones, horizontal zone and conical zone. Such areas and zones are shown on Sheppard Air Force Base Airport Zoning Map Consisting of one sheet, pre- pared by the U. S. Air Force, And dated July 1947, which is attached to this Ordinance and made a part hereof. The various zones are hereby established and defined as follows: (1) INSTRUMENT APPROACH ZONE - An instrument approach zone is established at each end of the instrument runway for instrument landings and takeoffs. The instrument approach zones shall have a width of 1,000 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 16,000 feet at a distance of 50,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. (2) NONINSTRUMENT APPROACH ZONE - A noninstrument approach zone is established at each end of all noninstrument runways for noninstru- ment landings and takeoffs. The noninstrument approach zone shall have a width of 500 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 2,500 feet at a distance of 10,000 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. (3) TRANSITION ZONES - Transition zones are hereby established adjacent to each instrument and noninstrument runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of runways have variable .widths as shown on the zoning map. Transition zones extend outward from a line 250 feet on either side of the centerline of the noninstrument runway, for the length of such runway plus 200 feet on each end; and 500 feet on either side of the centerline of the instrument runway, for the length of such runway plus 200 feet on each end,-and are parallel and level with such runway centerlines. The transition zones along such runways slope upward and outward one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to both instrument and noninstrument approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the zoning map. Such transition zones flare symme- 'trically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one (1) foot vertically for each seven (7) feet horizontally to the points where they intersect the surfaces of the horizontal and conical zones. Additionally, transition zones are established adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, it projects through and beyond the limits of the conical zone, extending a distance of 5,000 feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the centerline of the runway. (4) INNER HORIZONTAL ZONE - An inner horizontal zone is hereby established as the area within an oval shape which 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. -2- • (5) CONICAL ZONE - A conical zone is hereby established as the area that commences at the periphery of the inner horizontal zone and extends outward there from a distance of 7,000 feet. The conical zone does not include the instrument approach zones and transition zones. (6) OUTER HORIZONTAL ZONE - An outer horizontal zone is hereby estab- lished as the area that extends outward from the outer periphery of the conical zone for a horizontal distance of 30,000 feet. SECTION IV: HEIGHT LIMITATIONS Except as otherwise provided in this Ordinance, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this Ordinance to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones in question as follows: (1) INSTRUMENT APPROACH ZONE - One (1) foot in height for each fifty (50) feet in horizontal distance beginning at a point 200 feet from and at the centerline elevation of the end of the instrument runway and extending to a distance of 10,200 feet from the end of the run- way; thence one (1) foot in height for each forty (40) feet in horizontal distance to a point 50,200 feet from the end of the runway; (2) NONINSTRUMENT APPROACH ZONES - One (1) foot in height for each forty (40) feet in horizontal distance beginning at a point 200 feet from and at the centerline elevation of the end of the non- instrument runway and extending to a point 10,200 feet from the end of the runway; (3) TRANSITION ZONES - One (1) foot in height for each seven (7) feet in horizontal distance beginning at any point 250 feet normal to and at the elevation of the centerline of noninstrument runways, extending 200 feet beyond each end thereof, and 500 feet normal to and at the elevation of the centerline of the instrument runway, extending 200 feet beyond each end thereof, extending to a height of 150 feet above the airport- elevation which is 1165 feet above mean sea level. In addition to the foregoing, there are estab- lished height limits of one (1) foot vertical height for each seven (7) feet horizontal distance measured from the edges of all ap- proach zones for the entire length of the approach zones and ex- tending upward and outward to the points where they intersect the inner horizontal or conical surfaces. Further, where the instru- ment approach zone projects through and beyond the conical zone, a height limit of one (1) foot for each seven (7) feet of horizontal beginning distance shall be maintained be g g a t the edge of the instru- ment g ment approach zone and extending a distance of 5,000 feet from the edge of the instrument approach zone measured normal to the center- line of the runway extended; (4) INNER HORIZONTAL ZONE - One hundred fifty (150) feet above the air- port elevation or a height of 1165 feet above mean sea level; (5) CONICAL ZONE - One (1) foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the 'inner hori- zontal zone, extending to a height of 500 feet above the airport elevation; and (6) OUTER HORIZONTAL ZONE - Five hundred (500) feet above the estab- lished airfield elevation, extending outward from the outer peri- phery of the conical zone for a horizontal distance of 30,000 feet. Where an area is covered by more than one (1) height limitation, the more re- strictive limitations shall prevail. SECTION V: USE RESTRICTIONS Notwithstanding any other provisions of this Ordinance, no use may be made of land within any zone established by this Ordinance in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off, or maneuvering of aircraft. -3- SECTION VI: NONCONFORMING USES (a) 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 regula- tions as of the effective date of this Ordinance, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall re- quire 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. (b) Marking and Lighting. Notwithstanding the preceding provision of this Section, the Owner of any nonconforming structure or tree is hereby re- quired to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Building Official to indicate to the operators of aircraft in the vicinity of the airport, the pre- sence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of Sheppard Air Force Base. SECTION VII: PERMITS (a) Future Uses. Except as specifically provided in Paragraph 1, 2 and 3 hereunder, no material change shall be made in the use of land and no struc- ture 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. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularly 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. (1) In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than 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 zone. (2) In the areas lying within the limits of the instrument and noninstrument approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runways, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such instrument or noninstrument approach zone. (3) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground except when such tree or structure, because of terrain, land contour or topographic features would extend above the height limit prescribed for such transition zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this Ordinance except as set forth in Section IV. (b) 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 be made or become higher, or 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. (c) Nonconforming Uses Abandoned or Destroyed. Whenever the Building Official determines that a nonconforming structure or tree has been abandoned or more than 80 per cent 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- (d) 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 Adjustments for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforce- ment of the regulations would result in practical difficulty or unnecessary hardship and the 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. (e) 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, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. 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. Applications for action by the Board of Adjustment shall be forthwith transmitted by the Building Official. SECTION IX: BOARD OF ADJUSTMENT ABoard of Adjustment shall exist and have the powers authorized by Art. 46e-10 of the Revised Civil Statutes of Texas. SECTION X: APPEALS Any person aggrieved by any decision of the Building Official made in his administration of this Ordinance, may appeal to the Board of Adjustment as provided in Art. 46e-8 of the Revised Civil Statutes of Texas. SECTION XI: 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 XII: 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 Ordinance are declared to be severable. SECTION III: 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. -5- r A i . 7 SECTION XIV: CODIFICATION The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Wichita Falls, Texas, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. PASSED AND APPROVED this the 16th day of April, 1968. c / .#: , ..e, AV _'_Y MAYOR ATTEST: \. 1,<-6-)2,4 . 1-07-21-,e-ia• • City Clerk • • • • -6- • • SHEPPARD AIR FORCE BASE AIRPORT ZONING MAP FILED WITH ORIGINAL ORDINANCE 2409 IN VAULT FILING CABINET