ORD CC 11/23/76 - Municipal Joint Airport ZoningO R D E R
On this the 26th day of August , 1976, came
on to be considered by the Corn, issioners' Court of Walker County
Texas, at a regular term of such Court, the matter of the creation
of a joint airport zoning board to exercise the powers authorized
such boards by the provisions of Chapter 391 of the Acts of the
Regular Session of the 50th Legislature, 1947, to adopt, administer
and enforce airport zoning regulations applicable to airport hazard
areas in this county and it appearing to the Court that on the 24th
day of August , 1976, the City Council of the City of
Huntsville, Texas, did enact its ordinance creating such a joint
airport zoning board, to be known as the HUNTSVILLE MUNICIPAL
Joint Airport Zoning Board, and which ordinance was expressly made
subject, for its effectiveness, to a like provision being made by
the respective Commissioners' Court of Walker County, Texas, and it
further appearing to the Court that the creating of such a joint
airport zoning board is in the public interest of this county:
IT IS ACCORDINGLY ORDERED, AND there is hereby created the
HUNTSVILLE MUNICIPAL Joint Airport Zoning Board which Board shall
have the powers and exercise the duties set forth in Sections 2 and
3 of Chapter 391 of the Acts of the Regular Session of the 50th
Legislature, 1947.
IT IS FURTHER ORDERED, that the HUNTSVILLE MUNICIPAL Joint Airport
Zoning Board shall be composed of five (5) members, two (2) to be
appointed by the City Council of the City of Huntsville, Texas, and
two (2) to be appointed by this Commissioners' Court. The fifth
member shall be elected by a majority of the members so appointed
and said fifth member shall serve as Chairman of the Said HUNTSVILLE
MUNICIPAL Joint Airport Zoning Board.
IT IS FURTHER ORDERED that CARL V. BALLARD and LEONARD REDD
are hereby appointed as the County's members on said HUNTSVILLE
MUNICIPAL Joint Airport Zoning Board.
Passed by the Commissioners' Court of Walker County, Texas,
this the 26th day of August , 1976.
ATTEST: /t(A1A.
Coun y Clerk
Walker County, Trixas
1 ) i : (AL r1i�L�n a
(2)
County Judge, Walker County, Texas
, If / (../ CC t � e"
C. B oner Preci t 0 1
omru stoner Precinct
mrissioner Precinct
`Commissioner Precinct 4 4
HUNTSVILLE nUNICIPAL JOINT AIRPORT ZONING BOARD
O R D E R
WHEREAS, by Ordinance of the City of Huntsville, Texas, duly
enacted by the City Council of Huntsville, Texas, on the 24thday of
August , 1976, said City Council did establish this
Joint Airport Zoning Board, investing it with the powers such Boards
are authorized to exercise under the provisions of Chapter 391 of
the Acts of the Regular Session of the 50th Legislature, 1947,
subject to like provisions being made by the Commissioner's Court of
Walker County, Texas, and;
WHEREAS, by Order of the Commissioners' Court of Walker County,
Texas, dated the 26th day of August , 1976, said Court
did likewise make—Fir-Onion for and establish this Joint Zoning Board
investing such board with the powers such boards are authorized to
exercise under the provisions of Chapter 391 of the Acts of the
Regular Session of the 50th Legislature, 1947, which said order is
spread on the minutes of said Commissioners' Court of Walker County,
Texas; and
WHEREAS, The City Council of the City of Huntsville, Texas, has
appointed as members of this Joint Airport Zoning Board RALPH J.
LAWSON and DAVID TINSLEY, and the Commissioners' Court of Walker County,
Texas, has appointed as members CARL V. BALLARD and LEONARD REDD,
which said four (4) members have appointed as Chairman of said Board
WILLIAM H. HODGES all as authorized by said Ordinance and
Orders referred to, and said HUNTSVILLE MUNICIPAL Joint Airport Zoning
Board has organized itself and is ready to transact business; and
WHEREAS, it appears to the HUNTSVILLE MUNICIPAL Joint Airport
Zoning Board that Chapter 391 of the Acts of the Regular Session
of the 50th Legislature, 1947, requires that this Joint Airport Zoning
Board appoint an Airport Zoning Commission to recommend the boundaries
of airport hazard areas and zones, as those terms are defined in said
Chapter 391 of said Acts of 1947, and to recommend airport zoning
regulations to be adopted for such airport hazard areas;
IT IS THEREFORE ORDERED, and there is hereby appointed as Airport
Zoning Commission composed of the following members, to -wit:
WILLIAM H. HODGES , Chairman, LEONARD REDD
and CARL V. BALLARD ; which said members as such Commission
shall have and exercise the powers and duties prescribed in Section 5
of Chapter 391 of the Acts of the Regular Session of the 50th Legislature,
1947;
IT IS FURTHER ORDERED that said Airport Zoning Cor^.ission shall
make a preliminary report and hold public hearings thereon before
submitting its final report to this Board; thereafter, said Airport
Zoning Commission shall submit its final report to this Board recommend-
ing boundaries of the various zones of airport hazard areas and the
regulations to be adopted therefor, pursuant to the prcvisions of
Chapter 391 of the Acts of the Regular Session of the 50th Legislature,
1947.
PASSED this 7th day of September , 1976.
(6)
Huntsville Cunicipal Joint Airport
Zoning Board
ORDER
of the
HUNTSVILLE MUNICIPAL JOINT AIRPORT ZONING BOARD
WEEREAS, pursuant to the order of the HUNTSVILLE MUNICIPAL
Joint Airport Zoning Board dated 7th day of September
1976, there was created an airport zoning commission for this
City and County, which said Airport Zoning Commission did on the
27th day of September , 1976, make its preliminary report
relative to the adoption of airport zoning regulations by the
HUNTSVILLE MUNICIPAL JOINT AIRPORT ZONING BOARD and on the 15th
day of October , 1976, said Zoning Commission made its
final report to said Zoning Board for the purpose authorized by
Chapter 391 of the Acts of the Regular Session of the 50th
Legislature, 1947; and
WHEREAS, it appears to this Board that Chapter 391 of the Acts of
the Regular Session of the 50th Legislature, 1947, requires that
this Board hold a public hearing on said final report of the Airport
Zoning Commission at which hearing parties in interest and citizens
shall have an opportunity to be heard regarding the airport zoning
regulations proposed to be adopted for airport hazard area in this
City and County;
NOW, THEREFORE, pursuant to the provisions of Section 3 of
Chapter 391 of the Acts of the Regular Session of the 50th Legislature,
1947, notice is hereby given that a public hearing will be held before
this Board on the 15thday of October , 1976, at the City
Council Chambers in the City of Huntsville, Texas, at 9 o'clock
A.M, for the purpose of hearing all parties in interest and
citizens who desire to be heard on the final report of the Airpott
Zoning Commission proposing airport zoning regulations to be adopted
by this joint board prescribing regulations covering airport hazard
areas in this City and County.
IT IS FURTHER ORDERED that this Notice be published in the
Huntsville Item, a paper of general circulation in this City and
County.
DATED this 15th day of October , 1976.
J /
HUNTSVILLE MUNICIPAL JOINT AIRPORT
ZONING BOARD
(13)
A.UOP'iION BY HIUNTSVILLE `uNiciPAL JOINT AIRPORT ZONING
BOARD OF FINAL REPORT OF AIRPORT ZONING COi'_MISSION
WHEREAS, the Airport Zoning Commission heretofore appointed by
this Board did submit its Final Report on the 15th day of
October , 1976, and
WHEREAS, this Board did issue an order on the 27th -day of
September , 1976, giving notice of a public hearing to be
held before this Board on the 15th day of October
at the City Hall in Huntsville, Texas, at 9:00 o'clock
, 1976,
a.m.
for the purpose of hearing all parties in interest and citizens who
desire to be heard on the final report of said Airport Zoning
Commission; and
WHEREAS, no objections were made to such Report after the Board
had assembled at the appointed time and place to consider such
objections;
NOW THEREFORE, on a Motion by CARL V. BALLARD, JR.
and seconded by LEONARD REDD it is unanimously
ordered by the Huntsville Municipal Joint Airport Zoning Board that
the report of the Airport Zoning Commission be adopted. It
is further
ordered by this Board that JACK HANEY, Attorney, prepare the proper
ordinance to carry out the zoning regulations being consid red, and
that the ordinance carry provisions for injunctive relief according
to the State Law of Texas. That such ordinance shall be ih harmony
and alike to a map prepared by O'Malley & Clay, Consulting
on May, 1975, as to technical requirements of the various
heights as set out on such zoning map.
PASSED this 15th -day of October
, 1976.
Engineers
ones and
Chairman, Iuntsville iv:uaicipaoint Airport
.te g Board
Zoning n .J
(16)
ATTORNEY'S CEaTIFICATE
Airport Zoning Ordinance /Crder
DATED November 22, 1976
Huntsville Municipal Airport
I hereby certify that I have examined the attached Airport Zoning
Ordinance adopted by the Huntsville Municipal Joint Airport Zoning
Board on the 15th day of October , 1976, relating to
the Huntsville Municipal Airport and that said ordinance was enacted
pursuant to applicable State and Local Laws and that in my
opinion said
ordinance complies with the conditions set out in Section Six, Number 6
of the Application for Grant filed with the Texas Aeronautics
Commission on the 22nd day of November
, 1976,
and all
State and Local Laws, and is valid, binding and enforceable.
Colley, Haney & Kraemer
Attorneys at Law
P.O. Box 628
Huntsville, Texas
77340
BY:
HUNTSVILLE MUNICIPAL AIRPORT
AIRPORT HAZARD ZONING ODINANCE
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 THE HUNTSVILLE MUNICIPAL AIRPORT BY CRP TING THE
APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF;, PROVIDING
FOR CHANGES IN RESTRICTIONS AND BOUNDARIES OF SUCH ZONES;
EFINING
CERTAIN TERMS USED HEREIN; REFERRING TO THE HUNTSVILLE MUNICIPAL
AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS
ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD[ OF ADJUST-
MENT; AND IMPOSING PENALTIES.
This Ordinance is adopted pursuant to the authority conferred by the
provisions of Chapter 391 of the Acts of the Regular Session of the
50th Legislature 1947, as amended and specified by Article's 46e -3,
Revised Statutes of Texas. It is hereby found that an airport hazard
endangers the lives and property of users of Huntsville Municipal Air-
port, and property or occupants of land in its vicinity, and also if
the obstruction type, in effect reduces the size of the arha available
for the landing, takeoff, and maneuvering cf aircraft, thu
ending
to destroy or impair the utility of Huntsville Municipal Airport and
the public investment therein. According'_:, it is declared:
1
i
(1) that the creation or establishr:ent of an airport bazar
public nuisance and an injury to the region served by
Municipal Airport.
is a
untsville
(2) tha
is necessary i.^. the _.. __re:st
public heal
safety, and general welfare that the creation or establ
airport hazards be prevented; an
(3) that the prevention of these hazards should be accompli
extent legally possible, by the exercise of the police
out compensation.
It is further declared that both the prevention of the
th, public
ishment of
shed, to the
power with-
creation or
establishment of airport hazards and the elimination, removal,
alteration, mitigation, or marking and lighting of exis
port hazards are public purposes for which political s .division
may raise and expend public funds and acquire land or nterests
in land.
IT IS HEREBY ORDAINED BY THE CITY OF HUNTSVILLE AND WALKER COUNTY JOINT
ZONING BOARD as follows:
SECTION I: SHORT TITLE
This Ordinance shall be known and may be cited as "Huntsville Municipal
ting air-
Airport Hazard Zoning Ordinance."
SECTION II: DEFINITIONS
As used in this Ordinance, unless the context otherwise re es:
(1) AIRPORT - The Huntsville Municipal Airport.
(2) AIRPORT ELEVATION - The highest point of an airport's usable landing
area measured in feet from mean sea ley
(3) AIRPORT HAZARD - Any structure or object of natural gro,th located
on or in the vicinity of a public airport, or any use .f land near
such airport, which obstructs the airspace required for the flight
of aircraft in landing or takeoff at such airport or is otherwise
hazardous to such landing or takoo`f of aircraft.
(4) STRUCTURE - An object constructed or installed by man, including,
but without limitation, buildings, towers, smokestacks, earth
formation, and overhead transmission lines.
(5) TREE - Any object of natural growth.
(6) NONCONFORMING USE - Any pre - existing structure, object pf natural
growth, or use of land which is inconsistent with the provisions
of this Ordinance or an amendment thereto.
(7) HEIGHT - For the purpose of determining the height limi s in all
zones set forth in this Ordinance and shown on the zoni g map,
the datum shall be mean sea level elevation unless othe wise
specified.
(8) PERSON - An individual, firm, partnership, corporation, company,
association, joint stock association, or governmental e tity. It
includes a trustee, receiver, assignee, or similar repr sentative
of any of them.
(9) BOARD OF ADJUSTMENT - A board consisting of five (5) members
appointed by the City of Huntsville and Walker County Jeint Zoning
Board as prescribed by the provisions of Chapter 391 of the Acts
of the Regular Session of the 50th Legislature, 1947 as amended and
specified by Article 46e -10, Revised Statutes of Texas =nd each
shall serve for a term of two (2) years and removal for cause by
the appointment authority upon written charges, after a public
hearing.
-3--
(10) RUNWAY - A defined area on an airport prepared for la
takeoff of aircraft along its length.
(11) UTILITY RUNWAY - A runway that is constructed for and
to be used by propeller driven aircraft of 12,500 you
mum gross weight and less.
(12) NONPRECISION INSTRUMENT RUNWAY - A runway having an
instrument approach procedure utilizing air navagatio
with only horizontal guidance, or area type navigatio
for which a straight -in nonprecision instrument appro
ding and
intended
ds maxi-
fisting
acilities
equipment,
ch procedure
has been approved or planned, and for which no precisi.n approach
facilities are planned or indicated on an FAA planning document
or military service's military airport planning docume
(13) 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 end of that runwa,; but when
the runway has no specially prepared hard surface, or •lanned hard
surface, the primary surface ends at each end of tha nway. The
width of the primary surface of a runway will be that idth pre-
scribed in Part 77 of the Federal AViation Regulations (FAR) for
the most precise approach existing or planned for eith-r end of
that runway. The elevation of any point on the primar _urface
is the same as the elevation of the nearest point on t.e runway
centerline.
(14) APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES =hese zones
apply to the area under the approach, transitional, horizontal,
and conical surfaces defined in FAR Part 77.
-4-
=TON T _ ?T. AIRPORT
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 approach zones, transitional zones, horizontal zones,
and conical zones as they apply to a particular airport. Such zones
are shown on the Huntsville Municipal Airport Hazard Zoni g Map con-
sisting of one sheet, prepared by O'Malley & Clay, Inc., and dated
June 10, 1976, which is attached to this Ordinance and mad- a part
hereof. An area located in more than one (1) of the folio ing zones
is considered to be only in the zone with the more restrictive height
limitation. The various zones are hereby established and .efined as
follows:
1. Runwa Lar•er Than Utilit With a Visibilit Minimum G eater Than
3/4 MileNonprecision Instrument Approach Zone - The in
this approach zone coincides with the width of the pri
and is 500 feet wide. The approach zone expands outwa
to a width of 3,500 feet at a horizontal distance of 1
from the primary surface. Its centerline being the co
of the centerline of the runway.
2. Transitional Zones - These zones are hereby establishe
area beneath the transitional surfaces. These surface
outward and upward at 90 degree angles to the runway c
and the runway centerline extended at a slope of seven
horizontally for each foot vertically from the sides
primary and approach surfaces to where they intersect
horizontal surface.
-5-
er edge of
aty surface
d uniformly
1000 feet
tinuation
as the
xtend
erline
(7) feet
the
he
3. Horizontal Zone - The hor izontal zone is hereby establ
swinging arcs of 10,000 feet radii from the center of
of the primary surface of each runway, and connecting
adjacent arcs by drawing lines tangent to those arcs.
horizontal zone does not include the approach and tran
zones.
4. Conical Zone - The conical zone is hereby established
area that commences at the periphery of the horizontal
and extends outward therefrom a horizontal distance of
feet.
SECTION IV: AIRPORT ZONE HEIGHT LIMITATIONS.
shed by
ach end
he
The
nal
as the
zone
4,000
Except as otherwise provided in this Ordinance, no structure or
tree shall be erected, altered, allowed to grow, or be main ained
in any zone created by this Ordinance to a height in excess of the
applicable height limit herein established for such zone. .uch
applicable height limitations are hereby established for ea h of
the zones in question as follows:
1. Runwa Larger Than Utility With a Visibility Minimum Gr -ater
Than 3/4 Mile Nonprecision Instrument Approach Zone - S apes
upward thirty -four (34) feet horizontally for each foot vertically
beginning at the end of and at the same elevation as th- primary
surface and extending to a horizontal distance of 10,00. feet
along the extended runway centerline.
2. Transitional Zones - Slopes upward and outward seven (7 feet
horizontally for each foot vertically beginning at the '.ides of
-6-
and at the same elevation as the primary surface and t e approach
zones, and extending to a height of 150 feet above the airport
elevation which is 363 feet above mean sea level. In addition
to the foregoing, there are established height limits .loping
upward and outward seven (7) feet horizontally for eac
vertically beginning at the sides of and at the same elevation
as the approach zones, and extending to where they int -rsect
the horizontal or conical surface.
3. Horizontal Zone - One hundred and fifty (150) feet abo e the
airport elevation or a height of 513 feet above mean s a level.
4. Conical Zone - Slopes upward and outward twenty (20) f -et
horizontally for each foot vertically beginning at the periphery
of the horizontal zone and at one hundred and fifty (1'.0) feet
above the airport elevation and extending to a height 350
feet above the airport elevation.
Where an area is covered by more than one (1) height limitation, the
more restrictive limitation shall prevail.
SECTION V: USE RESTRICTIONS
Notwithstanding any other provisions of this Ordinance, no use may be
made of land or water within any zone established by this ordinance
in such manner as to create electrical interference with n.vigational
signals or radio communications between the airport and ai.c
make it difficult for pilots to distinguish between airper. lights
-7-
and others, results in Clare in the eyes of pilots using
impair visibility in the vicinity of the airport or other
way create a hazard or endanger the landing, takeoff, or m
of aircraft intending to use the airport.
SECTION VI: NONCONFORMING USES
1. Regulations not Retroactive - The regulations prescrib
Ordinance shall not be construed to require the remova
or other changes or alteration of any structure or tre
forming to the regulations as of the effective date of
Ordinance, or otherwise interfere with the continuance
nonconforming use. Nothing contained herein shall req
change in the construction, alteration, or intended us
structure, the construction or alteration of which was
prior to the effective date of this Ordinance, and is
prosecuted.
2 Marking and Lighting - Notwithstanding the preceding provision of
this Section, the owner of any existing nonconforming structure
or tree is hereby required to permit the installation, .peration,
and maintenance thereon of such markers and lights as s all be
deemed necessary by the Huntsville City Engineer to ind'cate to
the operators of aircraft in the vicinity of the airpor , the
presence of such airport hazards. Such markers and lig is shall
be installed, operated, and maintained at the expense o the
City of Huntsville.
e airport,
se in any
neuvering
d by this
lowering,
not con -
this
of a
ire any
of any
begun
iligently
-8-
SECTION VII: PE2YITS
1. Future Uses - No naterial change shall be made in the se of
land and no structure or tree shall be erected, altere., planted,
or otherwise established in any zone hereby created unless a
permit therefor shall have been applied for and grante
(a) However, a permit for a tree or structure of less han
75 feet of vertical height above the ground shall of
be required in the'horizontal and conical zones or in
any approach and transitional zones beyond a horiz.ntal
distance of 4,200 feet from each end of the runway except
when such tree or structure, because of terrain, 1 n
contour, or topographic feature, would extend above the
height limit prescribed for the respective zone.
(b) Each application for a permit shall indicate the p rpose
for which the permit is desired with sufficient pa.ticulars
to determine 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.
2. Existing Uses - No permit shall be granted that would .flow the
establishment or creation of an airport hazard or permit a non-
conforming use, structure, or tree to 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 appli.ation for
a permit is made. Except as indicated, all applicatiors for such
a permit shall be granted.
3. Nonconforming Oses Abandoned or Destroyed - Whenever t e Huntsville
City Engineer determines that a nonconforming tree or •tructure
has been abandoned or more than 80 percent torn down, .hysically
deteriorated, or decayed, no permit shall be granted t at would
allow such structure or tree to exceed the applicable eight limit
or otherwise deviate from the zoning regulations.
4. Variances - Any person desiring to erect or increase t e height
of any structure, or permit the growth of any tree, or se his
property not in accordance with the regulations prescril.ed in this
Ordinance, may apply to the Board of Adjustment for a v=riance
from such regulations. Such variances shall be allowed where it
is duly found that a literal application or enforcement of the
regulations would result in practical difficulty or unn- cessary
hardship and relief granted would not be contrary to th- public
interest but will do substantial justice and be in acco dance with
the spirit of this Ordinance.
5. Hazard Marking and Lighting - Any permit or variance gr.:nted may,
if such action is deemed advisable to effectuate the pu pose of
this Ordinance and be reasonable in the circumstances, •e so
conditioned as to require the owner of the structure or tree in
question to permit the City of Huntsville, at its owr, e pense,
to install, operate, indicate to pilots the presence of an airport
hazard.
-10-
SECTION ._II. EfFO`. E:!: J:'
It shall be the duty of the Building Inspector to adminis.er and
enforce the regulations prescribed herein. Applications for permits
and 'variances shall be made to the Building Inspector upo a form
furnished by him. Applications required by this Ordinanc to be
submitted to the Building Inspector shall be promptly con-idered and
granted or denied by him. Application for action by the :oard of
Adjustment shall be forthwith transmitted by the Building Inspector.
SECTION IX: BOARD OF ADJUSTMENT
1. There is hereby created a Board of Adjustment to have and exercise
the following powers: (1) to hear and decide appeals from any
order, requirement, decision, or determination made b the Building
Inspector in the enforcement of this Ordinance; (2) t. hear and
decide special exceptions to the terms of this Ordina ce upon which
such Board of Adjustment under such regulations may b required to
pass; and (3) to hear and decide specific variances.
2. The Board of Adjustment shall consist of five (5) mem.ers appointed
by the City of Huntsville and Walker County Joint Zon'ng Board and
each shall serve for a term of two (2) years and unti his
successor is duly appointed and qualified. Of the re first
appointed, one shall be appointed for a term of one ( ) year,
two (2) for a term of two (2) years and two (2) for a term of
three (3) years. Members shall be removable by the a. ointing
authority for cause, upon written charges, after a pu is hearing.
3. :'he Doard of Adjustment shall adopt rubs for its gore as
in harmony with the provisions of this Ordinance. Mee'ings of
the Board of Adjustment shall he held at the call of tle Chairman
and at such other times as the Board of Adjustment may determine.
The Chairman, or in his absence the acting chairman, m
administer oaths and compel the attendance of witnesse.. All
hearings of the Board of Adjustment shall be public. he Board
of Adjustment shall keep minutes of its proceedings showing the
vote of each member upon each question; or if absent o failing
to vote, indicating such fact, and shall keep records •f its
examinations and other official actions, all of which •hall
immediately be filed in the office of the Building Inspector,
and on due cause shown.
4. The Board of Adjustment shall make written findings of facts and
conclusions of law giving the facts upon which is act e• and its
legal conclusions from such facts in reversing, affirm "ng, or
modifying any order, requirement, decision, or determi ation
which comes before it under the provisions of this Ordinance.
5. The concurring vote of a majority of the members of the Board of
Adjustment shall be sufficient to reverse any order, requirement,
decision, or determination of the Building Inspector or to decide
in favor of the applicant on any matter upon which it i. required
to pass under this Ordinance, or to effect variation in this
Ordinance.
-12-
SECTION _PPE?.LS
1. Any person aggrieved, or any taxpayer affected, by any decision
of the Building Inspector made in his administration o
Ordinance, may appeal to the Board of Adjustm
2. All appeals hereunder must be taken with a reasonable •ime as
provided by the rules of the Board of Adjustment, by filing with
the Building Inspector a notice of appeal specifying the grounds
thereof. Building Inspector shall forthwith transmit t. the
Board of Adjustment all the papers constituting the rec.rd upon
which the action appealed from was taken.
3. An appeal shall stay all proceedings in furtherance of he action
appealed from unless the Building Inspector certified t• the
Board of Adjustment, after the notice of appeal has be filed
with it, that by reason of the facts stated in the cert ficate a
stay would, in his opinion, cause imminent peril to lif- or
property. In such case, proceedings shall not be staye.; except
by order of the Board of Adjustment on notice to the Bu lding
Inspector, and on due cause shown.
4. The Board of Adjustment shall fix a reasonable time for hearing
appeals, give public notice and due notice to the part i=s in
interest, and decide the same within a reasonable time. Upon
the hearing, any party may appear in person or by agent or by
attorney.
-13-
The Board of Adjustment nay, in con
to with the p ovision of
this Ordinance, reverse or affirm, in whole or in par •, or modify
the order, requirement, decision or determination appealed from
and may make such order, requirement, decision or determination,
as may appropriate under the circumstances.
SECTION XI: JUDICIAL REVIEW
Any person aggrieved, or any taxpayer affected, by any decision of
the Board of Adjustment, may appeal to the District Court =s provided
in Section 11 of Chapter 391 of the Public Laws of the Sta e of Texas,
as amended, Article 46e -11 of the Revised Statutes of Tex s.
SECTION XII: PENALTIES
Each violation of this Ordinance or of any regulation, or r, or
ruling promulgated hereunder shall constitute a misdemeano and be
punishable by a fine of not more than One Thousand Dollars ($1,000.00)
or imprisonment for not more than cne hundred eighty (180) days or
both; and each day a violation continues to exist shall co stitute
a separate offense.
SECTION XIII: CONFLICTING REGULATIONS
Where there exists a conflict between any of the regulatio s or
limitations prescribed in this Ordinance and any other reg lations
applicable to the same area, whether the conflict be with .expect
to the height of structure or trees, the use of land, or a y other
matter, the more stringent linitation or requirement shall govern
and prevail.
SECTION XIV: SEVERABILITY
If any of the provisions of this Ordinance or the applicat on thereof
dity shall
ce which
ation, and
to any person or circumstances is held invalid, such inval
not affect other provisions or applications of the Ordina
can be given effect without the invalid provision or appli
to this end the provisions of this Ordinance are declared
severable.
SECTION XV: EFFECTIVE DATE
o be
WHEREAS, the immediate operation of the provisions of this Ordinance
is necessary for the preservation of the public health, pu•lic safety,
and general welfare, an EMERGENCY is hereby declared to e t, and
this Ordinance shall be in full force and effect from and after its
passage by the City of Huntsville and Walker County Joint Zoning Board
and publication and posting as required by law. Adopted by the City
of Huntsville and Walker County Joint Zoning Board this 15t day of
October, 1976.
ATTEST:
CITY OF HUNTSVILLE AND WAL ER
COUNTY JOINT ZONING BOARD
-15-
H. HODGES, CHAIRY
HUNTSVILLE MUNICIPAL JOINT AIRPORT ZONING BOA •D
ELECTION OF MEMBER - CHAIRMAN
We the undersigned, majority of the representatives o the
County Commissioners of Walker County, Texas, and of the C'ty
Council of the City of Huntsville, Texas having been heret.fore
duly appointed as Members of the HUNTSVILLE MUNICIPAL Join Zoning
Board by said bodies and having qualified as Members of su h Board
by acceptance of such appointments and duly taking and sub.cribing
the oaths of office, do hereby, in regular and open meetin elect
WILLIAM H. HODGES as the additional Member -C airman
of such Board, as authorized and provided by the Airport Zoning Act
of Texas.
Such Member- Chairman, after taking and subscribing th consti-
tutional and statutory oaths of office, shall have and exe cise all
the duties and powers prescribed by law in such cases made and provided.
1976.
Dated at Huntsville, Texas, this the 7th day of S
(4)
ember
RALPH J LA4_fiu L1 • E
v--
DA ID TINSLEY, MEMBER
lL V if iJJL o
CARL BALLARD, ME_
LEONARD REDD, MEMBER
OATH OF OFFICE
I DO SOLEMNLY SWEAR THAI_ I WILL FAITHFULLY EXECUTE THE DUTIES
OF THE OFFICE 0E THE CHAIR= OF THE IIUNTSVILLE MUNICIPAL JOINT
AIRPORT ZONING BOARD OF THE CITY OF HUNTSVILLE, TEXAS AND COUNTY OF
WALKER, TEXAS, AND WT_LL TO THE BEST OF MY ABILITY PRESERVE, PROTECT,
AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES AND OF THIS
STATE: AND I FURTHERMORE SOLEMNLY SWEAR THAT I HAVE NOT DIRECTLY NOR
INDIRECTLY PAID, OFFERED, OR PROMISED TO PAY, CONTRIBUTED, NOR PROMISED
TO CONTRIBUTE ANY MONEY, OR VALUABLE THING, OR PROMISED ANY PUBLIC
OFFICE OR EMPLOYMENT AS A REWARD FOR THE GIVING OR WITHHOLDING A
VOTE AT THE TIME OF MY APPOINTMENT. SO HELP ME GOD.
Member Chairman
Subscribed and sworn to before me this 7th day of September
, 1976.
•
-Ruth DeShaw
City Secretary of the City of
Huntsville, Texas
I, RUTH DeSHAW, City Secretary of the City of Huntsville, Texas,
hereby certify that this is a true and correct copy of the oath of
office of the above as executed before me.
,(
\ i //- L" /' ` .' %f ?" %., C
Ruth DeShaw, City Secretary of the
City of Huntsville, Texas
(5)
FUNTSVILLE MUNICIPAL AIRPORS: ZONING COMMIS'•ION
OATH OF OFFICE
NE DO SOLE :INLY SWEAR TIIAT WE WILL FAITHFULLY EXECUTE THE
DUTIES OF THE OFFICE 0? THE MEMBER OF THE AIRPORT ZONING COMMISSION
APPOINTED BY TEE HUNTSVILLE :UNICIPAL JOINT AIRPORT ZONING BOARD
OF THE CITY OF HUNTSVTILL AND COUNTY OF WALKER COUNTY, TE +S, AND
WILL TO THE BEST OF OUR AEILITY PRESERVE, PROTECT AND DEFE,D THE
CONSTITUTION AND LAWS OF THE UNITED STATES AND CF THIS STA E; AND
WE FURTHERMORE SOLEMNLY SWEAR THAT WE HAVE NOT DIRECTLY NO
INDIRECTLY PAID, OFFERED, OR PROMISED TO PAY, CONTRIBUTED, NOR
PROMISED TO CONTRIBUTE ANY MONEY, OR VALUABLE THING, OR PROMISED
ANY PUBLIC OFFICE OR EMPLOYMENT, AS A REWARD FOR THE GIBINe OR
WITHHOLDING A VOTE AT THE TIME OF OUR APPOINTMENT. SO HELP ME GOD.
I FLMAN
MEMBER
MEMBER io
Subscribed and sworn to before me this 7th day of
September , 1976.
re,
Rtth De Shaw, City Secret ry of
the City of Huntsville, T as
I, RUTH DeSHAW, City Secretary of the City of Huntsville, Texas,
hereby certify that this is a true and correct copy of the •ath of
office of,the above as executed before n-e->
/ /ter)
h,DeShaw, City Secrete y of
City of Huntsville, Texas
(7)
PIIELI=TY R1.'.,TT l' i:L' T ,'TILE _`iICIPAL J IN'_' AI p0 „= oNI ?,G
CO_24155I0`:
The HUNTSVILLE MUNICIPAL JOINT AIRPORT ZONING COMMISSION, having
heretofore been appointed by the HUNTSVILLE MUNICIPAL JOINT AIRPORT
ZONING BOARD on the 7th day of September 1976,
does hereby make a prelio.inary report of such Commission to the
HUNTSVILLE MUNICIPAL Joint Airport Zoning Board.
The Commission has considered a zoning map and accompanying
documents of the HUNTSVILLE MUNICIPAL AIRPORT ZONING BOARD, such
map dated May, 1975, and after examining such documents, does hereby
adopt the plan of zoning as in such set out. The Commission will
publish a notice in the Huntsville Item in the issue of 9th day
of September , 1976, advising all interested parties that
a public hearing will be held at Huntsville, Texas, on the 27th day
of September , 1976, in the City Council Chambers of the
City of Huntsville, Texas, to consider the proposed zoning plan.
The Commission will conduct such hearing and make a final report
thereafter to the HUNTSVILLE MUNICIPAL Joint Airport Zoning Board.
Signed at Huntsville, Texas, this 7th day of September
1976.
(8)
(17 24(7A )7.q.
i ,[77;(,
Members, Huntsville Municipal Joint
Airport Zoning Commission
ON AIRPORT ZONING
IN ARET SURROUNDING
i:�N I
HUNTSVILLE HUNTSVILLE FPAL AIRPORT
Notice is hereby given. that HUNTSVILLE ,-Municipal Airpo
Zoning Commission, previously appointed by the HUNTSVILLE M
Joint Airport Zoning Board, will conduct a public hearing r
to the adoption of airport zoning regulations in the area s
the HUNTSVILLE Municipal Airport, Huntsville, Texas. Detai
garding the proposed regulations may be obtained by contact
office of the City Secretary, Huntsville, Texas. The propo
regulations are those set out in that certain map dated May
and accompanying documents prepared by O'MALLEY & CLAY, Con
Engineers, Brenham, Texas, which documents may be examined
office of the City Secretary.
This Notice is being published in the Huntsville Item
Texas, in the issue of the 9th day of September
and is a length of time of more than fifteen (15) days pri
date set for the public hearing.
The public hearing will be held at Huntsville, Texas,
day of September , 1976, in the City Council Chamber
City Hall in Huntsville, Texas. All interested parties sho
present to bring up any questions or objections they may ha
proposed regulations.
1976.
Signed at Huntsville, Texas, this the 7th
HUNTSVILLE ?UNICIPAL AIRPORT ZONING C
2
j�
nicipal
lative
rrounding
s re-
ng the
ed
1975,
ulting
t the
Huntsville,
1976,
o the
n the 27th
in the
ld be
e to such
mbar
"hISSION
ber
er
ber
FINAL RIPOR? OF HUNTSVILLE MUNICIPAL AIRPORT ZO
COMMISSIOi TO HUNTSVILLE JOINT AIRPORT ZONING E
The HUNTSVILLE Municipal ,airport Zoning Commission, h
:ointed by the HUNTSVILLE Joint Airport Zoning Board on
day of September , 1976, submits to the said HUNT
tint Airport Zoning Eoard a final report of activities a
completed the following details.
NG
D
retofore
ie 7th
ILLE
er having
The HUNTSVILLE Municipal Airport Zoning Commission sucmitted a
preliminary report to the Board on the 27th day of Septem
1976, issued a notice on the 27th day of September , 9 6, to
all interested persons of plans for airport zoning, publis ed such
notice in the Huntsville Item, Huntsville, Texas, in the i -sue of
the 28th day of September , 1976, and held a p blic
hearing in compliance with such notice on the 15th day o
October , 1976.
The following Municipal Airport Zoning Commission me '•ers were
present:
After having heard all evidence offered in favor of a
zoning plan as set out in the map dated May, 1975, prepare
& Clay Consulting Engineers, Brenham, Texas, and after hav
all others present in support of and against the adoption o
zoning plan as set out, the Huntsville Municipal Airport Zo
Commission finds that the plan asset out on the map of May,
prepared by O'Malley & Clay Consulting Engineers, Brenham,
necessary to the proper use of the Huntsville Municipal Air
is practical for such purposes. It is therefore recommende
Huntsville Joint Airport Zoning Beard that such plan be ad
pting the
by O'Malley
heard
the
.ing
1975,
exas, is
ort and
to the
ed.
1976.
Signed at Huntsville, Texas, this day of
(12)
PROOF OF PUBLIC 1.TION Oc NOTICE OF HEATING
BY HUNTSVILLE MUNICIPAL JOINT ZONING BOARD
THE STATE OF TEXAS
COUNTY OF WALKER
BEFORE ME, the undersigned authority, cn this day per ally
ared J;n T , known to re to be the person,
and being by me auly sworn, stated to me on his oath, that he
attached copy of printed notice is a true and correct copy Rf an
original notice which was published in the issue of the new .paper
known as the Huntsville Item, bearing as its date the 29t1i ay of
September , 1976; that such newspaper was on such dale and
all during and exceeding twelve months prior to such date a news-
paper of general circulation in the county in which the pro.eedings
mentioned in such notice were, and still are; pending; that a copy
of such notice as so published on such date is attached her to; that
such issue of such newspaper was so published in Walker Cou ty, Texas,
that the affiant is the publisher of such newspaper and kno-s that
what is stated in this affidavit is true; that such notice as
published as provided in Chapter 391 of the Acts of the Reg lar Session
of the 50th Legislature, 1947, and amendments thereto, and •eing
Article 46e, Section 5 of the Revised Civil Statutes of Tex -s for
the service of notice by publications; that such newspaper as and
is one printed in the County where the proceeding mentioned in such
notice is pending; and further that the proper charge of such publisher
for such publication is $ 15.8)
2
PUBLISEEI4
SUBSCRIBED AND SWORN TO BEFORE 1.7E by the said Don Re
, this the 5th day of October
to certify which witness my hand and seal of office.
-fl
ORDER
NOTICE OF HEARING
BY
HUNTSVILLE MUNICIPAL)*
JOINT ZONING BOARD
WHEREAS. pursuant to me`order
cf the Summating joint Airport
Zoning Board dated me eth.day of
Sept., 1976, there was er 7sted an
airport zoning cOmmi5siod for this
Cty and County. which sand Airoort
Zoning Commission did bn the zm
day of Sept. , 1974. make i^5
vreIln- nary report rratae 10 the
trop' on of airport zoning
'egulat,ons 3y Inc hurniine ;ant
Airport Zoning Board and On the Z]!n
ddi of SSep'.. 976, sa -d Arroor'
Zoning Cornmission mac, Its final
report to s.ni ?l .taint A rpert Zanino
Bnar910r Ihq p'uroose a utnor:zed by
Chaser 39' .9 09 ^p9
R.' ,.);,3t ..on 9. 7e 57"
L11: ;lal.rr,:, 1947. o 4
Fv0 11n1 'J .0ons
Sec ]afC 'lab"er :9i,
;solar S i :n id'1
alare 199,7 ro ^r ^ryn..yit V
f.Yvvr. tne: a aun.,C riier n9 .
tl 0
J1 Ddnr= ,iS 1,45 nn 73, ,S'n
4? it LC; :9,1!
of _n >; nnl a +1 rVpr'sl ;0-.1 nt ^ ^5
.,rl of U'� :.yams ;.)n -2 rpm
I �.,',JI ._,[,pal a,_.. 1,9n,5/
9 4,n ;rrl 9r's <r'b :ttl - 0R,H unA
tn- nf9�•'IrfTOnrt npalr7, pas:0ID's
07.11c 0 Sr, :tin ': „ .f ,rte
It' naer. 9+79
At I? .we" ..•,ng.s
V J'I
PaBtl M.^,rppr'Z'1b
\�\
NY 299
Notary Public in a
Texas
(15)
PROOF OF PUBLICATION OF NOTICE OF HEARING ON PRELIMINARY R
AIRPORT ZONING COMMISSION OF THE HUNTSVILLE ^UNICIPAL AIRP
HUNTSVILLE, TEXAS
THE STATE OF TEXAS
COUNTY OF WALKER
BEFORE ME, the undersigned authority, on this day per
appeared Don Reid, Jr. , known to me t
person, and being by me duly sworn, stated to me on his oa
the attached copy of printed notice is a true and correct
an original notice which was published in the issue of the
known-as the Huntsville Item, bearing as its date the 9t
Se ^tecber , 1976; that such newspaper was on such
all during and exceeding twelve months prior to such date
or general circulation in the county in which the proceedi
mentioned in such notice were, and still are, pending; tha
of such notice as so published on such date is attached he
that such issue of such newspaper was so published in Walk
Texas, and that the affiant is the publisher of such newsp
knows that what is stated is this affidavit is true; that
notice was published as provided in Chapter 391 of the Act
Regular Session of the 50th Legislature, 1947, and amendme
and being Article 46 e, Section 5 of the Revised Civil Sta
Texas for the service of notice by publication; that such
was and is one printed in the County where the proceedings
in such notice is pending; and further that the proper cha
publisher for such publication is $ 15.26
PORT OF
ally
be this
h that
opy of
newspaper
day of
ate and
newspaper
gs
a copy
eto;
r County,
per and
uch
of the
s thereto,
utes of
ewspaper
mentioned
ge of such
r J.
PUBLISHER
SUBSCRIBED AND SWORN TO BEFORE ME by the said Don Rei
, this 9th day of Septe =ber , 1
certify which witness my hand and seal of office.
NOTICE OF NEARING
ON PRELIMINARY REPORT
OF AIRPORT ZONING
COMMISSION OF THE '
HUNTSVILLE MUNICIPAL
AIRPORT,
HUNTSVILLE, TEXAS
Notice is hereby given What the
Airport Zoning COr11miSSiOr° of the
HUNTSVILLE Municipal Airport at
Hun?Svale, Texas has tiled with the
HUNTSVILLE Municipal Joint'
Airport Zoning Board Of the HUNTS.
VILLE Municipal Airport, HuntS-
vil :e, Texas, in its offices at Hunts,
vine, Texas, a preliminary report
and recommendations 01 the
boundaries of the hazard areas and
the var.OUs zones 10 be estaolished •
and the regulatiOGS to be adopted
therefor aopertaibrng to HUNTS.
VILLE Municipal Airport as
provided by provisions of Chapter
791 0] the Acts of the Regular
Session of •ne 50th Legislature,
and the a'lenOmentS Mereto
NoaCe 6 further -acer that a
pub6C r, «aring will be held thereon
a, the rO r of 9 O'CiOCe a en on the
2718 Jaya of St-Wender, 1976, Ib me
C''Y Cu/ c I ChaMber in the Ci"y
Hain Inc Citf of HuntsviBe Texas.
A' suCr e and place parties •0
irreres' and cslens shall have me
opoortu ^'y
ro ^_e present and r0 be
heard.
Nonce turner given that
rret,rr =nay/ report, togefnnr w,1n d
naps, J * and regulation,
recom^'ven ^d ?Or adopt on may se
exammea -n me office of the Pty
Secre'ar/ 1I Huntsville, Texas.
H'T,NTSVILLE MUNICIPAL
AIRPORT
ZONING COMMISSION
BY William H Hodges,
CHAIRMAN
ATTES'
Leonard 4 Redd,
SECRE 'rut
!, ir.
76, to
Nota 'f Pub is in .nd f
Court 6, Texas
ker
OATH Cd OFFICE
WE DO SOLEMNLY SWEAR, THAT WE WILL FAITHFULLY EXECUTE iiE
DUTIES OF THE OFFICE OF THE MEMBER CF THE HUNTSVILLE MUNICI'AL
JOINT AIRPORT ZONING BOARD OF THE CITY OF HUNTSVILLE, TEXAS AND
COUNTY OF WALKER COUNTY, TEXAS, AND WILL TO THE BEST OF OUR ABILITY
PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION AND LAWS OF HE
UNITED STATES AND OF THIS STATE: AND WE FURTHERMORE SOLEMNL SWEAR,
THAT WE HAVE NOT DIRECTLY NOR INDIRECTLY PAID, OFFERED, OR "ROMISED
TO CONTRIBUTE ANY MONEY, Or VALUABLE THING, OR PROMISED ANY PUBLIC
OFFICE OR EMPLOYMENT, AS A REWARD FOR THE GIVING OR WI •• DING A
VOTE AT THE TINE OF OUR APPOINTMENT. SO HELP U
DA
ID TINSLEY
CA T %. BALLARD
EONARD
Subscribed and sworn to before me, this ?3,-.1 day of
i> ,n� oini,9r.^J>/ . 1976.
RU ' HAW
City Secretary of the Ci y of
Huntsville, Texas
I, RUTH DeSHAW, City Secretary of the City of Huntsvil e, Texas,
hereby certify that this is a true and correct copy of the oath of
office of the above as executed before me.
(3)
RUTH DeS.HA'i
City Secretes_ of the Ci
Huntsville, Texas