§ 35-331. "AHOD" Airport Hazard Overlay District.
STATEMENT OF PURPOSE
This division is adopted pursuant to the authority conferred by V.T.C.A. Local Government Code Ch. 241. It is hereby found that an airport hazard endangers the lives and property of the users of San Antonio International Airport, Stinson Municipal Airport, Kelly Air Force Base, Randolph Air Force Base and of the occupants of land in the vicinity thereof, and also, if of the obstruction type, such hazard 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 these airports 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 communities served by these airports;
• 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 accompanied, to the extent legally possible, by the exercise of the police power without compensation.
(a)
Development Standards.
(1)
Future Uses. Within any airport hazard area which is within, or extends into, the controlled area of these regulations, no material change in the use of land and no structure or tree shall be erected, altered, planted or otherwise established at a height greater than two hundred (200) feet above the ground or above a 100 to 1 (100:1) slope from the nearest point of the nearest runway of any airport unless a permit therefor shall have been applied for and granted. Applications for permits shall be made to the department of planning and development services upon a form supplied for this purpose, and by submitting a map of sufficient accuracy and detail to allow an accurate determination of compliance with this division. No permit for a use inconsistent with this division shall be granted unless a variance has been approved in accordance with subsection (a)(4) of this section. Nothing in the foregoing shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of the height limits established by this division.
(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 be made or become higher or become a greater hazard to air navigation than it was on the effective date of the ordinance from which this division is derived 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 Structures, Natural Growths and Land Uses. A permit shall be required before any nonconforming structure, natural growth or land use in the airport hazard area may be altered, repaired, rebuilt, replaced, replanted or relocated. No permit shall be granted that would allow a nonconforming structure, natural growth or land use to be made or become higher, or become a greater hazard to air navigation than it was. Whenever the department of planning and development services or administrative agency outside of the City of San Antonio determines that a nonconforming land use has been abandoned or more than eighty (80) percent torn down, damaged, physically deteriorated or decayed, no permit shall be granted that would allow same to be replaced, repaired or re-established unless in full compliance with the height and use restrictions of this division.
(4)
Variances. Any person desiring to erect or increase the height of any structure or permit any natural growth or use his property, not in accordance with the regulations prescribed in this division, shall apply to the board of adjustment for a variance from such regulations. Such variances shall be allowed where it is found that a literal application or enforcement 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 division. Applications for such action by the board of adjustment shall be made to the director of planning and development services if inside the City of San Antonio, or the director of planning and development services if in the city's extraterritorial jurisdiction.
(5)
Federal Notification. Within any airport hazard area, any person who proposes any construction, alteration or tree growth meeting the following criteria shall give notice to the regional office of the Federal Aviation Administration if and as required by Part 77 of the Federal Aviation Regulations, titled "Objects Affecting Navigable Airspace":
• Any construction or alteration of more than two hundred (200) feet in height above the ground level at its site.
• Any construction or alteration of greater height than an imaginary surface extending upward and outward at any one (1) of the following slopes: (a) for International and Stinson, a slope of 100 to 1 (100:1) for a horizontal distance of twenty thousand (20,000) feet from the nearest point of the nearest runway; and (b) for military airports, a slope of 50 to 1 (50:1) for a horizontal distance of ten thousand (10,000) feet from the nearest point of the nearest runway.
Also, any person who proposes to construct, alter, activate or deactivate a civil or joint use, civil/military, airport shall likewise give notice to the Federal Aviation Administration as required by Part 157 of the Federal Aviation Regulations titled "notice of construction, alteration, activation, and deactivation of airports." If a request for a permit or variance is made from any action falling under any of the stated federal notice requirements, final action on the requested permit or variance may, at the discretion of the administrative agency or of the board of adjustment, be deferred until a final determination has been issued by the Federal Aviation Administration. However, in no event shall the requirements of this division be subordinate to a determination of the Federal Aviation Administration.
(6)
Marking and Lighting. Any permit or variance granted may require the owner of the structure or natural growth in question to install, operate and maintain thereon, at his own expense, such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. Any lights required under this paragraph shall be engineered and designed for the intended purpose by a recognized manufacturer, and it shall be the responsibility of the owner or any subsequent owner to see that the lights are properly installed and maintained so as to be functioning during darkness and all periods of low visibility, independently of the functioning of other lighting in or on the structure or growth.
(b)
Height-Limiting Imaginary Surfaces, International and Stinson. The height restrictions for structures and growths in the airport hazard areas are specified by means of imaginary planes or surfaces in the airspace above the airport hazard areas. Within the controlled area of this section, such surfaces are hereby established in the airspace surrounding each airport protected by this division to define the limit above which any projection of a structure or tree would be considered an airport hazard and thus be prohibited except as otherwise provided by this division. The surfaces are illustrated on the airport hazard zoning maps, which are adopted and made a part of this division, by means of elevation contour lines in a manner similar to the use of topographic contour lines to illustrate the variations in the elevation of natural terrain. Their geometric description is as follows:
(1)
Primary Surface. The primary surface is centered longitudinally and laterally about the runway, the ends extending two hundred (200) feet beyond the runway ends. The elevation of any point on the primary surface is the same as the nearest point on the runway centerline between the runway ends. The width of the primary surface varies according to the existing or planned classification of usage of the most critical end of the individual runways as follows per Part 77 of the Federal Aviation Regulations:
A.
San Antonio International Airport:
Runway
12"R-3"0L,one thousand (1,000) feet Runway
12L-30R,one thousand (1,000) feet Runway 3-21, one thousand (1,000) feet B.
Stinson Municipal Airport:
Runway 9-27, one thousand (1,000) feet Runway 14-32, five hundred (500) feet (2)
Approach Surface. The approach surface is an inclined plane, longitudinally centered on the extended runway centerline, which begins at the end of the primary surface, at the same width and elevation, and extends outward and upward at a specific horizontal to vertical slope, at a specific uniform rate of increase in width and for a specific distance as follows:
A.
San Antonio International Airport:
Runways 3, 12R, 12, 21, and 30L: 50 to 1 (50:1> slope for first ten thousand (10,000) feet, thence to a 40 to 1 (4:1) slope at an ultimate distance of fifty thousand (50,000) feet, at which the width is sixteen thousand (16,000) feet.
Runway 30R: 20 to 1 (20:1) slope for a distance of five thousand (5,000) feet, at which the width is one thousand five hundred (1,500) feet.
B.
Stinson Municipal Airport:
Runway 27: 50 to 1 (50:1) slope for first ten thousand (10,000) feet, thence at a 40 to 1 (40:1) slope to an ultimate distance of fifty thousand (50,000) feet, at which the width is sixteen thousand (16,000) feet.
Runway 32: 20 to 1 (20:1) slope for a distance of five thousand (5,000) feet, at which the width is two thousand (2,000) feet.
Runways 9 and 14: 20 to 1 (20:1) slope for a distance of five thousand (5,000) feet, at which the width is one thousand two hundred fifty (1,250) feet.
(3)
Transitional Surface. These surfaces extend outward and upward to a slope of 7 to 1 (7:1) from the longitudinal edges of the primary surfaces and approach surfaces, measured at right angles to the runway centerline and centerline extended. These surfaces connect the primary and approach surfaces with the other surfaces described in this section, including other transitional surfaces. Beyond the outer periphery of the conical surfaces, the transitional surfaces extend a maximum horizontal distance of five thousand (5,000) feet from the longitudinal edges of the precision approach surfaces, measured at right angles to the extended runway centerline.
(4)
Horizontal Surface. The horizontal surface is a horizontal plane one hundred fifty (150) feet above the established airport elevation, nine hundred fifty-nine (959) feet above mean sea level for San Antonio International; seven hundred twenty-seven (727) feet above mean sea level for Stinson Airport. The perimeter of the horizontal surface is constructed by swinging arcs of ten thousand (10,000) feet radius from the center of each end of the primary surfaces of Runways 3-21, 12"R-3"0L and 12L-30R at San Antonio International Airport and Runway 9-27 at Stinson Municipal Airport. The adjacent arcs are then connected by tangent lines.
(5)
Conical Surface. The conical surface extends outward and upward to a slope of 20 to 1 (20:1) from the periphery of arid at the same elevation as the horizontal surface. It extends for a horizontal distance of four thousand (4,000) feet, to a height of three hundred fifty (350) feet above established airport elevation.
(6)
Kelly Air Force Base and Randolph Air Force Base. In addition to the above described imaginary surfaces, the imaginary surfaces of Kelly Air Force Base and Randolph Air Force Base described by Section 77.28 of Part 77 of the Federal Aviation Regulations, and which extend into the corporate limits of the city, shall be enforceable under these regulations within the corporate limits.
(c)
Height Restrictions.
(1)
Except as otherwise provided in this article, no structure or natural growth shall be erected, altered, increased in height, allowed to grow or maintained in an airport hazard area in excess of the height of the imaginary surface above the structure or natural growth.
(2)
Where more than one (1) imaginary surface or the imaginary surfaces of more than one (1) airport exist in the same area, the more restrictive limitation shall prevail.
(3)
In addition to the height restrictions imposed by the imaginary surfaces, no structure or natural growth shall be erected, altered, increased in height, allowed to grow or maintained in an airport hazard area at such height as would result in the alteration of any flight procedure established by federal aviation authorities.
(4)
If tall construction cranes or other equipment will be used which are higher than a structure or growth which is being erected under a permit granted pursuant to this article, the operator of the cranes or equipment may be required, at the discretion of the authorities in charge of the airport affected, to maintain coordination with air traffic control personnel to keep them informed of his work schedule, to keep the equipment in a lowered position to the maximum extent possible, and to install appropriate hazard marking and/or lighting on the top extremity of the equipment.
(5)
Nothing in this division shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to twenty (20) feet above the surface of the land.
(6)
If the imaginary surface boundaries established above are less restrictive for a specific instance than those specified in the Federal Aviation Regulation Part 77, "Objects Affecting Navigable Airspace" as amended, or any subsequent Federal Aviation Agency criteria, then the criteria shall, in effect, be a part of these regulations and shall be the applicable restriction hereunder.
(d)
Use Restrictions. Notwithstanding any other provisions of this division no use may be made of land within the airport hazard area in such manner as to:
(1)
Create electrical or visual interference with any electronic facility or instrumentation, wherever located within the airport hazard area, including but not limited to, radio transmitters and receivers, radar installations, landing and navigational aids and weather instruments where such facilities are used in connection with the landing, taking-off and maneuvering of aircraft;
(2)
Make it difficult for flyers to distinguish between airport lights and others;
(3)
Result in glare in the eyes of flyers using the airport;
(4)
Impair visibility in the vicinity of the airport;
(5)
Cause physical objects of any nature to penetrate, however briefly, the air space above the imaginary surfaces established in this article, such objects including, but not limited to kites, balloons, projectiles, rockets, model aircraft, derricks and cranes, unless a special temporary permit be obtained from the authorities in charge of the affected airport;
(6)
Establish or alter privately owned flying fields, strips or heliports, unless found not to be objectionable after a special aeronautical study by federal aviation authorities;
(7)
Create bird strike hazards;
(8)
Otherwise endanger the landing, taking-off, or maneuvering of aircraft.
(e)
Nonconforming Uses.
(1)
Not Retroactive. The regulations prescribed in this division shall not be construed to require changes in land use or the removal, lowering, or other change or alteration of any structure or natural growth in previous lawful existence, but not conforming to the effective date of the ordinance from which this division is derived, or otherwise interfere with the continuance of any previously lawful nonconforming use. Nothing contained in this division 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 the ordinance from which this division is derived, is diligently prosecuted, and would have otherwise been in legal existence upon completion.
(2)
Marking and Lighting. Notwithstanding the preceding provision of this section, the owner of any nonconforming structure or natural growth is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary to indicate to the operators of aircraft in the vicinity of the airport the presence of such flight hazards. Such markers and lights shall be installed, operated and maintained at the expense of the airport desiring such marking and lighting.
(f)
Administrative Agency (Inside City Limits). The department of planning and development services of the city is hereby designated as the administrative agency charged with the administration and enforcement of this division. As such, it shall establish administrative procedures for requiring, accepting and subsequently approving or denying applications for airport zoning permits, in accordance with subsection (a) of this section. In this regard, the department of planning and development services will withhold any other permits normally issued under its jurisdiction which would allow construction or erection to proceed on any structure which would be in violation of these regulations. The administrative agency shall not have, or exercise any of the powers or duties, which are delegated to the board of adjustment under V.T.C.A. Local Government Code Ch. 241.
(g)
Board of Adjustment. The board of adjustment of the city is hereby designated to be the board of adjustment for this division, to have and exercise the powers set forth in V.T.C.A. Local Government Code Ch. 241.
(h)
Appeals. Any person aggrieved or taxpayer affected by any decision of the administrative agency made in its administration of this division, or any governing body of a political subdivision, which is of the opinion that a decision of such an administrative agency is an improper application of airport hazard zoning regulations may appeal to the board of adjustment under the provisions of V.T.C.A. Local Government Code Ch. 241.
(i)
Judicial Review (Inside City Limits). Any person aggrieved or taxpayer affected by any decision of the board of adjustment which is of the opinion that a decision of the board of adjustment is illegal, may present to a court of record a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of illegality as provided in V.T.C.A. Local Government Code Ch. 241. Such petition shall be presented to the court within ten (10) days after the decision is filed in the office of the board.
(j)
Conflicting Regulations. In the event of conflict between any airport zoning regulations adopted hereunder 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, and whether such other regulations were adopted by the city or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail.
(k)
Imaginary Surfaces (Kelly and Randolph Air Force Bases). The following airport imaginary surfaces are hereby created and establish the limit above which any projection of a structure, natural growth or object constitutes an airport hazard under these regulations:
(1)
Primary Surface. The primary surface is centered longitudinally and laterally about each runway. It extends two hundred (200) feet beyond each end of the runway in a horizontal plane at the same elevation as the associated runway end, except at military airports, where primary surface length is the same as the runway length. Between the ends of the runway it has a uniform gradient as established by the runway and elevations. The width varies as follows:
A.
Instrument runways, municipally-owned airports, one thousand (1,000) feet.
B.
Non-instrument runways, municipally owned airports, five hundred (500) feet.
C.
Runway 15-22, Kelly Air Force Base: two thousand (2,000) feet.
D.
Runway 14-32, Kelly Air Force Base, and all runways, Randolph Air Force Base: one thousand five hundred (1,500) feet.
(2)
Approach-Departure Surface.
A.
The approach-departure surface begins at the end of the primary surface, except at military airports where it begins two hundred (200) feet beyond the primary surface, and is centered about the runway centerline extended. From a width equal to that of the primary surface it extends outward and upward and increases uniformly in width as follows:
B.
For instrument runways at municipally owned airports, the approach-departure surface extends outward from the primary surface at a distance of fifty thousand (50,000) feet, at which point it is sixteen thousand (16,000) feet wide. It extends upward at a slope of 50 to 1 (50:1) to a distance of ten thousand (10,000) feet from primary surface, thence at a slope of 40 to 1 (40:1) thereafter.
C.
For non-instrument runways at municipally-owned airports, the approach departure surface extends outward from the primary surface a distance of ten thousand (10,000) feet, at which point it is two thousand five hundred (2,500) feet wide. It extends upward at a slope of 40 to 1 (40:1).
D.
For military airports, the approach-departure surface begins two hundred (200) feet beyond the primary surface and thereafter extends outward a distance of fifty thousand (50,000) feet, at which point it is sixteen thousand (16,000) feet wide. It extends upward at a slope of 50 to 1 (50:1) until it reaches an elevation five hundred (500) feet above the established airport elevation, then it continues horizontally to its outer end.
(3)
Transitional Surface. The transitional surface extends outward and upward at right angles to the runway centerline at a slope of 7 to 1 (7:1) until it intersects the horizontal or conical surface, except that transitional surfaces for those portions of ILS approach surfaces that project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edges of those portions of the approach surfaces and at right angles to the runway centerline. For military airports, the transitional surface does not apply for the horizontal portion of the approach-departure surface.
(4)
Inner Horizontal Surface. The inner horizontal surface is a horizontal plane at a height of one hundred fifty (150) feet above the established airport elevation. Its outer edge is determined by scribing an arc with a radius of seven thousand five hundred (7,500) feet above a point on the centerline at the end of all runways and interconnecting these arcs with tangents.
(5)
Conical Surface. The conical surface extends outward and upward from the outer edge of the inner horizontal surface at a slope of 20 to 1 (20:1) for a horizontal distance of seven thousand (7,000) feet to a height of five hundred (500) feet above the established airport elevation.
(6)
Outer Horizontal Surface. The outer horizontal surface is a horizontal plane which extends from the outer edge of the conical surface a distance of thirty thousand (30,000) feet at a height five hundred (500) feet above the established airport elevation.
(7)
Airport Zoning Maps. The attached airport zoning maps are hereby adopted and supersede all prior airport zoning maps. The imaginary surface boundaries are shown on these maps by aerial contours.
(Ord. No. 98697 § 1, 5 and 6)