Ord 2023-073amending Chapter 10, Aviation, by adding a new Article 3, Airport Hazard Zoning and Surrounding Land Use Ordinance, that establishes Airport Zoning Regulations

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Sec. 10.040.General (a) Height Measurement-For the purpose of determining the height limits in all zones set forth in this ordinance and as shown on the zoning map,the datum shall be height above mean sea level(MSL)elevation as measured in feet. (b) Existing Nonconforming Uses—The regulations prescribed herein shall not be construed as to require changes in the use of any land or other change or alteration of any Structure or Tree not conforming to these regulations as of the effective date of these regulations or otherwise interfere with the continuance of any nonconforming use. Nothing contained herein shall be construed as to require any change in the construction,alteration,or intended use of any nonconforming Structure,the construction of which was begun prior to the effective date of these regulations and is diligently prosecuted. Any Person who desires to replace, rebuild,substantially change,or repair an Airport Hazard that is an existing nonconforming use shall be allowed to do so as long as the modification does not increase the height or makes it a greater Hazard to Air Navigation. (c) Communications Facilities and Electrical Interference—No proposed land-use or development shall cause electrical interference with navigational signals or radio communications at the Airport or with radio or electronic communications between the Airport,air traffic control,and an aircraft. Proposals for the location of new or expanded radio,radio-telephone,television transmission facilities,electrical transmission lines,or other transmission lines or facilities shall be coordinated with the FAA and TOOT—Aviation prior to approval. (d) Emissions—No proposed land-use or development shall,as part of its regular operation,cause emissions of smoke,ash,vapor,gas,dust,steam or other emissions that obscure visibility of pilots or conflict with airport operations as described in the Federal Aviation Administration's(FAA)Aeronautical Information Manual (AIM). Any proposed land-use or developments within any of the proposed height hazard zones identified in Section 4 of this ordinance that are expected to create said emissions should be studied in accordance with current FAA guidance materials and formally reviewed by the FAA through the submission of an FAA Form 7460-1. A"no hazard"determination must be obtained from the FAA to permit the proposed land-use or development. (e) Visual Impairment—No proposed land-use or development shall have exterior lighting or generate a glare/glint that could create a visual impairment or distraction to pilots or the Air Traffic Control Tower (ATCT)personnel at the Airport. Any proposed land-use or developments that are expected to potentially create a visual impairment must be reviewed in compliance with applicable FAA policies. (f) Wildlife Attractants—No proposed use or development within the buffer zone described in Section 4 of this ordinance shall be designed or constructed in a manner to attract birds or other wildlife near the airport. No proposed wastewater treatment facilities,wetlands mitigation,dredged spoil containment areas,or solid waste landfills shall be located within 10,000 ft of the end of a runway unless the development has been reviewed by a qualified wildlife biologist and proper wildlife mitigations have been established. (g) Variances—Any Person who desires to use their property in violation of any of these regulations contained herein must apply to the City of San Marcos Zoning Board of Adjustments(ZBOA)for a variance in accordance with Chapter 2,of the San Marcos Development Code. (h) Adherence with State Laws—Any actions brought forth by any Person or taxpayer as a result of the administration,enforcement,or the contesting of these regulations will be in accordance with the provisions of the Texas Local Government Code,§§241.001 and other applicable State laws. (Supp.No.36,Update 1) Page 3 of 9