HomeMy WebLinkAboutOrdinance - 2017-O0014 - Amending Chapter 40 - Zoning - 02/09/2017First Reading
Item No. 7. 1.1
January 26, 2017
ORDINANCE NO. 2017.00014
Second Reading
Item No. 5.19
February 9, 2017
AN ORDINANCE AMENDING CHAPTER 40, "ZONING", OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING DIVISION 3
"LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT HAZARD AREA
ZONING REGULATIONS" TO ARTICLE 40.02 "ADMINISTRATION AND
ENFORCEMENT"; ESTABLISHING DEFINED TERMS FOR SAID DIVISION 3;
DESIGNATING THE CITY OF LUBBOCK PLANNING AND ZONING
COMMISSION AND THE CITY OF LUBBOCK ZONING BOARD OF
ADJUSTMENT AS THE ADMINISTRATIVE AGENCIES THAT SHALL
ADMINISTER AND ENFORCE SAID DIVISION 3; ESTABLISHING CERTAIN
ZONES AND HEIGHT LIMITATIONS ON AND WITHIN THE VICINITY OF THE
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT; ESTABLISHING A
PROCESS FOR THE APPLICATION, GRANTING, AND APPEAL OF PERMITS
AND VARIANCES FOR CERTAIN ACTIVITIES WITHIN THE ZONES CREATED
BY SAID DIVISION 3; PROVIDING A PENALTY; AND PROVIDING A SAVINGS
CLAUSE.
WHEREAS, the Airport Zoning Act, codified in Chapter 241 of the Texas Local Government
Code, authorizes certain political subdivisions to adopt airport height hazard zoning
regulations; and
WHEREAS, in accordance with the Airport Zoning Act, the City Council of the City of
Lubbock, Texas finds that:
(a) An airport hazard endangers the lives and property of users of the airport and of
occupants of land in the vicinity of the airport,
(b) An airport hazard that is an obstruction reduces the size of the area available for the
landing, taking off, and maneuvering of aircraft, tending to destroy or impair the utility
of the airport and the public investment in the airport;
(c) The creation of an airport hazard is a public nuisance and an injury to the community
served by the airport affected by the hazard;
(d) It is necessary in the interest of the public health, public safety, and general welfare to
prevent the creation of an airport hazard;
(e) The creation of an airport hazard should be prevented, to the extent legally possible,
by the exercise of the police power without compensation;
(f) The prevention of the creation of an airport hazard and the elimination, the removal,
the alteration, the mitigation, or the marking and lighting of an airport hazard are public
purposes for which a political subdivision may raise and spend public funds and
acquire land or interests in land; and
WHEREAS, the City Council of the City of Lubbock additionally finds that the use of the
Lubbock Preston Smith International Airport is a benefit to the public and that it fulfills an
essential community purpose; and
WHEREAS, the City of Lubbock Planning and Zoning Commission, at its meeting on
December 6, 2016, held a public hearing on, and unanimously approved a draft version of, the
Lubbock Preston Smith International Airport Hazard Area Zoning Regulations; and NOW
THEREFORE,
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
SECTION 1. THAT the Code of Ordinances, City of Lubbock. Texas, is hereby amended by
adding a Division, to be numbered Division 3, which said Division reads as follows:
Division 3. Lubbock Preston Smith International Airport
Hazard Area Zoning Regulations
Sec. 40.02.070 Short Title
These Regulations shall be known as the "Lubbock Preston Smith International Airport
Hazard Area Zoning Regulations."
Sec. 40.02.071 Definitions
Unless the context requires otherwise, throughout this Division:
(1) Airport means the Lubbock Preston Smith International Airport and all related
installations used in the interest of the public for flights, including any installation.
facility, or base of operations for tracking flights or acquiring data concerning flights.
(2) Airport Elevation means the established elevation of the highest point on any existing
or planned Runway at the Airport, being three thousand two hundred eighty-two and
four -tenths feet above mean sea level (3,282.4' MSL).
(3) Approach Surface means a surface longitudinally centered on an extended Runway
Centerline, extending outward and upward from each end of the Primary Surface and
at the same slope as the Approach Zone height limitation slope set forth in these
Regulations and with its perimeter coinciding with the perimeter of the Approach
Zone.
(4) 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.
(5) Airport Hazard Area means any area of land or water on which an Airport Hazard
could exist.
(6) Airport Hazard Area Zoning Appeals Board means the City of Lubbock Zoning Board
of Adjustment acting under the authority granted to it under these Regulations.
(7) Airport Hazard Area Zoning Commission means the City of Lubbock Planning and
Zoning Commission acting under the authority granted to it under these Regulations.
(8) Airport Hazard Area Zoning Map means the Lubbock Preston Smith International
Airport Hazard Zoning Map consisting of one (1) sheet, prepared by Coffman
Associates, and dated April 2016 which is hereby made a part of these Regulations,
kept on file with the City Secretary of the City of Lubbock and the City of Lubbock
Planning Department, and included in the official Lubbock Preston Smith International
Airport Layout Plan 14 CFR Part 77 Drawing.
(9) Board means the Airport Hazard Area Zoning Appeals Board.
(10) Centerline means a line extending through the midpoint of each end of a Runway.
(11) Cy means the City of Lubbock, Texas.
(12) Commission means the Airport Hazard Area Zoning Commission.
(13) Conical Surface means a surface extending outward and upward from the periphery of
the Horizontal Surface at a slope of twenty feet (20') horizontally for each one foot
(1') vertically for a horizontal distance of four thousand feet (4,000').
(14) Hecht means the distance above mean sea level elevation as measured in feet.
(15) Horizontal Surface means the horizontal plane one hundred fifty feet (150') above the
Airport Elevation that shall coincide with the perimeter of the Horizontal Zone.
(16) Instrument Runway means an existing or planned Runway of at least three thousand
two hundred feet (3,200') for which an instrument landing procedure published by a
defense agency of the federal government or the Federal Aviation Administration
exists or is planned.
(17) MSL means feet above mean sea level.
(18) Nonconforming Use means any land use, including a structure or tree, which is
inconsistent with the provisions of these Regulations and which is in existence as of
the effective date of these Regulations.
(19) Nonprecision Instrument Runway means a Runway having an existing instrument
approach procedure utilizing air navigation facilities or other equipment that provides
only horizontal guidance or area type navigation equipment. This also includes a
Runway for which a non -precision instrument approach procedure has been approved
or planned. Runway 8 at the Airport shall be considered a Nonprecision Instrument
Runway.
(20) Other Than Utility Runway means a Runway designed for, and intended to be used by,
propeller -driven aircraft of more than twelve thousand five hundred pounds (12,500
lbs.) maximum gross weight and jet -powered aircraft. Runways 17R -35L and 8-26 at
the Airport shall be considered Other Than Utility Runways.
(21) Person means an individual, firm, partnership, corporation, company, association,
joint stock association, or body politic, including a trustee, receiver, assignee,
administrator, executor, guardian, or other representative.
(22) Precision Instrument Runways means a Runway having an existing instrument
approach procedure utilizing air navigation facilities or other equipment that provide
both horizontal and vertical guidance. This also includes a Runway for which a
precision instrument approach procedure has been approved or planned. Runways 17,
35, and 26 at the Airport shall be considered Precision Instrument Runways.
(23) Primary Surface means a one thousand foot (1,000') surface longitudinally centered
on a Runway extending the full length of the Runway configuration plus two hundred
feet (200') beyond each end of the Runway. The elevation of any point on the Primary
Surface shall be considered the same as the nearest point on the Centerline.
(24) Regulations means these Lubbock Preston Smith International Airport Hazard Area
Zoning Regulations.
(25) Runu,av means the defined area at the Airport prepared for the landing and taking off
of aircraft along its length. The length of Runway 17-35 at the Airport is eleven
thousand five hundred feet (11,500'). The length of Runway 8-26 at the Airport is eight
thousand three feet (8,003').
1
(26) Structure means an object constructed or installed by one or more persons and
includes, but is not limited to, a building, tower, crane, smokestack, pole, earth
formation, and overhead transmission line.
(27) Transitional Surface means the area extending outward perpendicular to the Centerline
from the edges of the Primary Surface and the Approach Surface at a slope of seven
feet (7') horizontally for each one foot (1') vertically to where it intersects the
Horizontal Surface. The Transitional Surface for that portion of the Approach Surface
that extends through and beyond the limits of the Conical Surface extends at a slope of
seven feet (7') horizontally for each one foot (1') vertically for a distance of five
thousand feet (5,000') measured horizontally from the edge of the Approach Surface
and perpendicular to the Centerline. Transitional Surfaces, symmetrically located on
either side a Runway, have variable widths as depicted on Airport Hazard Area Zoning
Map.
(28) Tree means any type of flora or object of natural growth.
(29) Zone means an Approach, Conical, Horizontal, or Transitional Zone as more
particularly described in these Regulations.
Sec. 40.02.072 The Airport Hazard Area Zoning commission
The City of Lubbock Planning and Zoning Commission is hereby designated as the Airport
Hazard Area Zoning Commission and shall:
(1) administer and enforce these Regulations, and
(2) shall hear and decide all applications for permits under these Regulations.
Sec. 40.02.073 Airport Hazard Area Zoning Appeals Board
(a) The City of Lubbock Zoning Board of Adjustment is hereby designated as the Airport
Hazard Area Zoning Appeals Board for the purposes of these Regulations and shall have and
exercise the following powers:
(1) To hear and decide an appeal from an order, requirement, decision, or
determination made by the Commission in the administration or enforcement of these
Regulations;
(2) To hear and decide special exceptions to the terms of these Regulations when
the Board may be required to do so; and
(3) To hear and decide specific variance requests from these Regulations.
(b) The Board 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 that comes before it under the provisions
of these Regulations.
Sec. 40.02.074 Zones
In order to carry out the provisions of these Regulations, there are hereby created and
established certain Zones that include all of the land lying beneath the Approach Surfaces,
Conical Surfaces, Horizontal Surfaces, and Transitional Surfaces at the Airport as well as any
Airport Hazard Area. Such surfaces are shown on the Airport Hazard Area Zoning Map. 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.
(1) Approach Zone. An Approach Zone is hereby established beneath the
Approach Surface at each end of Runways 17-35 and 8-26 at the Airport.
(A) Precision Instrument Approach Zone. Precision Instrument Runways
17, 35, and 26 shall have an Approach Surface with an inner edge width of one
thousand feet (1,000'), coinciding with the width of the Primary Surface, at a
distance of two hundred feet (200') beyond the end of each Runway, thereafter
uniformly widening to sixteen thousand feet (16,000') at a horizontal distance
of fifty thousand feet (50,000') beyond the end of the Primary Surface. The
overall length for the Precision Instrument Approach Zone is fifty thousand
feet (50,000').
(B) Nonprecision Instrument Approach Zone. Nonprecision Instrument
Runway 8 shall have an Approach Surface with an inner edge width of one
thousand feet (1,000'), coinciding with the width of the Primary Surface, at a
distance of two hundred feet (200') beyond the end of each Runway, thereafter
uniformly widening to four thousand feet (4,000') at a horizontal distance of
ten thousand feet (10,000') beyond the end of the Primary Surface. The
centerline of the Approach Surface is the continuation of the Centerline.
(2) Conical Zone. A Conical Zone is hereby established beneath the Conical
Surface at the Airport that extends outward from the periphery of the Horizontal
Surface for a horizontal distance of four thousand feet (4,000').
(3) Horizontal Zone. A Horizontal Zone is hereby established along the Horizontal
Surface at the Airport which is a plane one hundred fifty feet (150') above the Airport
Elevation, the perimeter of which is constructed by swinging arcs of ten thousand feet
(10,000') radii from the center of each end of the Primary Surface and connecting the
adjacent arcs by lines tangent to those arcs.
(4) Transitional Zone. A Transitional Zone is hereby established along the
Transitional Surface at the Airport where the Precision Instrument Runway Approach
Surface projects through and beyond the Conical Surface at Runways 17, 26, and 35
at the Airport. The Transitional Zone begins at the side of, and at the same elevation
as, the Approach Surface and extends outward for a horizontal distance of five
thousand feet (5,000') perpendicular to the Centerline.
Sec. 40.02.075 Zone Height Limitations
Except as may be otherwise provided in these Regulations, no Structure and no Tree shall be
allowed to exceed the applicable height limitations established for each Zone.
(1) Approach Zone Height Limitation.
(A) Precision Instrument Approach Zone Height Limitation. Precision
Instrument Runways 17, 35, and 26 shall have a height limitation at a slope of
one foot (1') in height for each fifty feet (50') in horizontal distance beginning
at the end of, and at the same elevation as, the Primary Surface and extending
to a point ten thousand feet (10,000') beyond the end of the Primary Surface,
then outward another forty thousand feet (40,000') at a slope of one foot (1')
in height for each forty feet (40') in horizontal distance.
(B) Nonprecision Instrument Approach Zone Height Limitation.
Nonprecision Instrument Runway 8 shall have a height limitation at a slope of
one foot (1') in height for each thirty-four feet (34') in horizontal distance
beginning at the end of, and at the same elevation as, the Primary Surface and
extending to a point ten thousand feet (10,000') beyond the end of the Primary
Surface.
(2) Conical Zone Height Limitation. The Conical Zone shall have a height
limitation at a slope of one foot (1') in height for each twenty feet (20') in horizontal
distance beginning at the periphery of the Horizontal Zone and at one hundred fifty
feet (150') above the Airport Elevation and extending to a height of three hundred fifty
feet (350') above the Airport Elevation, being a height of three thousand six hundred
thirty-two feet above mean sea level (3,632' MSL).
(3) Horizontal Zone Height Limitation. The Horizontal Zone shall have a height
limitation of one hundred fifty feet (150') above the Airport Elevation, being a height
of three thousand four hundred thirty-two and four -tenths feet above mean sea level
(3,432.4' MSL).
(4) Transitional Zone Height Limitation. The Transitional Zone shall have a height
limitation at a slope one foot (1') in height for each seven feet (7') in horizontal
distance beginning at the side of, and at the same elevation as, the Primary Surface and
the Approach Surface.
Sec. 40.02.076 Land Use Restrictions
Except as otherwise provided in these Regulations, no use may be made of land or water within
any Zone in such a manner as to:
(1) create an electrical interference with navigational signals or radio
communications between the Airport and aircraft;
(2) make it difficult for pilots to distinguish between Airport and non -Airport
lights;
(3) result in glare in the eyes of pilots using the Airport;
(4) impair visibility in the vicinity of the Airport;
(5) create the potential for bird strike hazards; or,
(6) otherwise endanger or interfere with the landing, taking off, or maneuvering of
aircraft intending to use the Airport.
Sec. 40.02.077 Nonconforming Use
(a) Nothing in these Regulations shall be construed as requiring changes in, or interference
with, any Nonconforming Use.
(b) Nothing in these Regulations shall be construed as to require the removal, lowering, or
other change to any existing Nonconforming Use Structure, including all phases or elements
of a multiphase Structure, the construction of which was begun prior to the date of adoption
of these Regulations.
(c) Nothing in these Regulations shall be construed as to require the removal of any
Nonconforming Use Tree. However, any Nonconforming Use Tree that grows higher than it
was as of the date of adoption of these Regulations shall be required to satisfy the height
limitations of the Zone in which the tree is located.
Sec. 40.02.078 Permit
(a) The Commission must receive an application for a permit by any Person who, within
a Zone established by these Regulations, desires to:
(1) Construct a new Structure or use;
(2) Substantially change or repair an existing Structure or use;
(3) Replace, rebuild, or substantially change any Nonconforming Structure or
Nonconforming Use.
(b) Subject to the prohibitions listed in this Section, the Commission shall not
unreasonably withhold any permit applied for under this Section.
(c) No permit shall be granted by the Commission which would allow:
(1) the establishment of an Airport Hazard;
(2) a Nonconforming Use to be made;
(3) a Nonconforming Use or Nonconforming Tree to exceed the height that it had
as of the date of adoption of these Regulations; or
(4) a Nonconforming Use to become a greater Airport Hazard than it was as of the
date of adoption of these Regulations.
(d) Any permit granted may, at the discretion of the Commission and at the expense of the
City, impose a reasonable requirement to allow the installation and maintenance of any
markers or lights as may be necessary to indicate the presence of an Airport Hazard.
Sec. 40.02.079 Variance
(a) A Person who desires to erect or increase the height of a Structure, establish or allow
the growth of any Tree in excess of the height limitations of the Zone in which the Tree is
located, or otherwise use property in violation of these Regulations, may apply to the Board
for a variance from these Regulations.
(b) The Board shall allow a variance when the Board finds that:
(1) a literal application or enforcement of these Regulations will result in practical
difficulty or unnecessary hardship; and
(2) the granting of the variance would:
(A) result in substantial justice being done;
(B) not be contrary to the public interest; and
(C) be in accordance with the spirit of these Regulations.
(c) The application for variance must be accompanied by a determination from the Federal
Aviation Administration under 14 CFR Part 77 as to the effect the proposed variance will have
on the operation of the Airport and the affected Zones.
(d) Any variance granted by the Board may impose any reasonable conditions as may be
necessary to accomplish the purpose of these Regulations.
Sec. 40.02.080 Appeal
(a) A decision of the Commission made in its administration of these Regulations may be
appealed to the Board by:
(1) Any person aggrieved by the decision;
(2) any taxpayer affected by a decision; or
(3) the governing body of a political subdivision that believes the decision is an
improper application of these Regulations, including the governing bodies of the City
of Idalou, the City of New Deal, the City of Abernathy, and Lubbock County, Texas.
(b) Within a reasonable time as provided by the rules of the Board, an appellant must file
with the Board and the Commission a notice of appeal that specifies the grounds for the appeal.
Upon receipt of the notice of appeal, the Commission shall immediately transmit to the Board
all papers constituting the record of the action that was appealed.
(c) An appeal shall stay all proceedings in furtherance of the action that is appealed unless
the Commission certifies in writing to the Board that by reason of the facts stated in the
certificate, a stay would, in the opinion of the Commission, cause imminent peril to life or
property. In such case, the proceedings may be stayed only by order of the Board upon notice
to the Commission and if due cause is shown.
(d) The Board shall fix a reasonable time for the appeal hearing and shall give public notice
and due notice to the parties in interest. At the appeal hearing, a party may appear in person,
by agent, or by attorney. The Board shall decide the appeal within a reasonable time.
(e) The Board may reverse or affirm, in whole or in part, or modify the Commission's
order, requirement, decision, or determination from which an appeal is taken and make the
correct order, requirement, decision, or determination, and for that purpose, the Board has the
same authority as the Commission.
Sec. 40.02.081 Judicial Review
Subject to the provisions of Chapter 241 of the Texas Local Government Code, any person
aggrieved or any taxpayer affected by a decision of the Board that believes a decision of the
Board is illegal, may present to a court of record a verified petition stating that the decision of
the Board is illegal in whole or in part and specifying the grounds of the illegality. The petition
must be presented within ten (10) days after the date the decision is filed by the Board. This
same right of appeal is extended to the governing bodies of the City of Idalou, the City of New
Deal, the City of Abernathy, and Lubbock County, Texas, and to the City of Lubbock.
Sec. 40.02.082 Enforcement and Remedy
Subject to the provisions of Chapter 241 of the Texas Local Government Code, the governing
bodies of the City of Lubbock, the City of Idalou, the City of New Deal, the City of Abernathy,
and Lubbock County, Texas, may institute in a court of competent jurisdiction an action to
prevent, restrain, correct, or abate any violation of these Regulations or of any order or ruling
made in connection with their administration or enforcement including, but not limited to, an
action for injunctive relief.
Sec. 40.02.083 Conflicting Regulations
Where there exists a conflict between any of these Regulations or limitations prescribed herein
and any other regulation applicable to the same area, the more stringent limitation or
requirement shall control.
Sec. 40.02.084 Adherence with Other Laws
Any action brought forth by any person, taxpayer, or applicable governing body as a result of
the administration, enforcement, or contesting of these Regulations will be in accordance and
subject to the provisions of Chapter 241 of the Texas Local Government Code and all other
applicable Federal, State, and local laws.
Secs. 40.02.085 — 40.02.999 Reserved
SECTION 2. THAT, the violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by fine not to exceed Two Thousand and No/ 100 Dollars ($2,000.00)
as provided in Section 40.01.006 of the Zoning Ordinance of the City of Lubbock.
SECTION 3. THAT should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 4. THAT this Ordinance shall become effective, except as may otherwise be
provided herein, upon its adoption by the City Council of the City of Lubbock.
SECTION 5. THAT the City Secretary shall act in accordance with Section 241.017(d) of
the Texas Local Government Code when performing its duties related to this Ordinance.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 26th day of Januarys _ , 2017.
Passed by the City Council on second reading this _9th_ day of February_ , 2017.
DANIEL M. POPE, MAYOR
ATTEST:
Q" -tt-' , A- -
Rebecca Garza, City Secreta
APPROVED AS TO CONTENT:
oe
J
Andrew Paxton, Director of Planning
I APPROVED AS TO CONTENT:
n
Kelly Campbell, Executive Director of t ze Airport
APPROVED AS TO FORM:
itt, Assist nt City Atto ney
Ord, Lubbock Preston Smith International Airport Hazard Area Zoning Regulations Chapter 40.02 Division 3 (40 02 070-085)
January 10, 2017
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City of Lubbock
Exhibit 1
LUBBOCK PRESTON SMITH ASR LOCATION & PART 77