§ 11-11-4. Definitions.

As used in this Chapter, unless the context otherwise requires, capitalized terms shall have the following meaning:

A.

Administrative Agency: The appropriate person or office of a political subdivision which is responsible for the administration and enforcement of the regulations prescribed herein. The Administrative Agency is set forth in Section 11-11-5 of this Chapter.

B.

Aircraft: Any device that is used or intended to be used for flight in the air, so long as such device is permitted to operate at an airport certificated by the Federal Aviation Administration under 14 Code of Federal Regulations Part 139 or at a site licensed by the Federal Aviation Administration to operate as a launch site under 14 Code of Federal Regulations Part 420.

C.

Airport: The Midland International Airport, Midland, Texas or Midland Airpark, Midland, Texas; including the ultimate development of such facilities, and all lands, buildings and other improvements owned, controlled, leased, or operated and maintained by the City of Midland appurtenant thereto.

D.

Airport elevation: The established elevation of the highest point on the runway, either existing or planned, at the airport measured in feet above mean sea level (MSL). The Airport Elevation of the Midland International Airport is 2,872 feet above MSL and the Airport Elevation of the Midland Airpark is 2,804 feet above MSL.

E.

Airport hazard: Any 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.

F.

Airport Zoning Commission: The City of Midland Planning and Zoning Commission.

G.

Approach surface: A surface longitudinally centered on the 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 Section 11-11-7 of this Chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

H.

Approach, conical, horizontal, and transitional zones: The zones set forth in Section 11-11-6 of this Chapter.

I.

Board of Adjustment: A board so designated by this Chapter as provided in the Texas Airport Zoning Act, codified at Texas Local Government Code §241.032. Provisions for the Board of Adjustment are set forth in Section 11-11-12 of this Chapter.

J.

Compatible land use: Any use of land adjacent to or in the immediate vicinity of the airport that does not endanger the health, safety, or welfare of the owners, occupants, or users of the land because of levels of noise or vibrations or the risk of personal injury or property damage created by the operations of the airport, including the taking off and landing of aircraft.

K.

Conical Surface: A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally for each one foot vertically for a horizontal distance of 4,000 feet.

L.

Controlled compatible land use area: An area of land located outside the airport boundaries and within a rectangle bounded by lines located no farther than 1½ statute miles from the centerline of an instrument or primary runway and lines located no farther than five statute miles from each end of the paved surface of an instrument or primary runway.

M.

DNL (yearly day-night average sound level): The 24-hour average sound level, in decibels, for the period from midnight to midnight obtained after the addition of ten decibels for the periods between midnight and 7:00 a.m. and between 10:00 p.m. and midnight (local time) as averaged over a span of one year. A mathematical definition of DNL may be found in Title 14 Code of Federal Regulations, Section 150.201.

N.

Hazard to air navigation: An obstruction or use of land determined to have a substantial adverse effect on the safe and efficient utilization of navigable airspace.

O.

Height: For the purpose of determining the height limits in all zones set forth in this Chapter and shown on the hazard zoning map, the datum shall be height above mean sea level (MSL) elevation as measured in feet.

P.

Horizontal surface: A horizontal plane one 150 feet above the established airport elevation.

Q.

Instrument runway: An existing or planned runway of at least 3,200 feet in length for which there is an existing or planned instrument landing procedure published by the Federal Aviation Administration or a defense agency of the federal government.

R.

Noise level reduction (NLR): The amount of reduction in noise for any given point as achieved through the incorporation of noise attenuation measures incorporated into the design and construction of buildings. These reductions may be incorporated during initial construction or as additional construction for existing buildings.

S.

Nonconforming use, structure, or tree: Any structure, tree, or use of land which is inconsistent with the provisions of this Chapter and which is existing as of the effective date of this Chapter. This definition is for purposes of this Chapter only. The definition of nonconforming use found at Section 11-1-11 of this Code does not apply to areas zoned under the authority of the Texas Zoning Airport Zoning Act, which are outside the territorial jurisdiction of the City of Midland.

T.

Nonprecision instrument runway: Runway(s) having an instrument approach procedure utilizing air navigation facilities with only horizontal guidance or area type navigation equipment, for which nonprecision instrument approach procedures have been planned or approved.

U.

Obstruction: Any structure, tree, or other object, including a mobile object, which exceeds a limiting height set forth in Section 11-11-7 of this Chapter or is an airport hazard.

V.

Other than utility runway: A runway designed for and intended to be used by propeller driven aircraft of more than 12,500 pounds maximum gross weight and jet powered aircraft.

W.

Person: 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.

X.

Precision instrument runway: Runway(s) having an existing or planned instrument approach procedure utilizing an instrument landing system (ILS) or other air navigation facilities or equipment which provides both horizontal and vertical guidance. This also includes a runway for which a precision instrument approach procedure has been approved or planned.

Y.

Primary runway: An existing or paved runway of at least 3,200 feet in length as shown on the official airport layout plan for the airport and on which a majority of the approaches to and departures from the airport occur.

Z.

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 ultimate end of that runway. The width of the primary surface of a runway will be that width prescribed in the Federal Aviation Regulations (FAR) at Title 14, Code of Federal Regulations Part 77, 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 nearest point on the existing or ultimate runway centerline.

The width of a primary surface for other than utility runway is 1,000 feet for precision instrument runways and 1,000 feet for a nonprecision instrument runway having a nonprecision instrument approach with visibility minimums as low as three-fourths of a statute mile.

AA.

Runway: A defined area on the Airport prepared for the landing and taking off of aircraft along its length.

BB.

Structure: An object, including a mobile object, constructed or installed by one or more persons including, but not limited to, buildings, towers, cranes, smokestacks, poles, earth formations, overhead transmission lines, and traverse ways. Traverse ways are considered to be the heights set forth in Title 14 Code of Federal Regulations, Part 77.23.

CC.

Transitional surfaces: Surfaces extending perpendicular to the runway centerline and the extended runway centerline outward from the edges of the primary surface and the approach surfaces at a slope of seven feet horizontally for each one foot vertically to where they intersect the horizontal surface. transitional surfaces for those portions of the precision approach surface which extend through and beyond the limits of the conical surface extend at a slope of seven feet horizontally for each one foot vertically for a distance of 5,000 feet measured horizontally from either edge of the approach surface and perpendicular to the extended runway centerline.

( Ord. No. 9302, § 2, 8-12-14 )