ORD CC 06/27/1949 - Airport Zoning Ordinance AIRPORT ZONING ORDINANCE OF 1949
WEEREAS, by ordinance duly adopted and enacted by
the City Council of the City of Huntsville, Texas, on Janu-
ary 18, 1949, which is of record in Volume H, page 552, of
the 'r.-inutes of the City Council of the City of Huntsville,
Texas, R. C. Stiernberg, Lewis E. Ball and H. 0 . Leigh were
appointed as the members of the Airport Zoning Commission,
in connection with the recommendation of boundaries of the
various zones to be established and the regulations to be
adopted in connection with the Huntsville P;4unicipal Airport,
as provided in Article 46E of the Revised Civil Statutes of
the State of Texas of 1925; and,
!vH ;REAS, thereafter and on April 27, 1949 the Air-
port Zoning Commission made its preliminary report, and af-
ter due and legal notice in the manner and for the length of
time required by law, held public hearings thereon on May 16,
1949, and thereafter on the 1,7 day of I4ay, 1949 made its
final report to the City Council of the City of Huntsville,
Texas; and,
I�riREAS , after due and legal notice by publication
in the manner and for the length of time required by law, the
City Council of the City of Huntsville, Texas held a public
hearing on the final report of the Airport Zoning Commission
on the _.LL_ day of jcne , 1949 , which said final report
proposed airport zoning regulations for airport hazard areas
surrounding the Huntsville P,4unicipal Airport, Huntsville, Tex-
as; and ,
tioHEREAS , it appears to the City Council of the City
of Huntsville that the following airport zoning regulations
are necessary and in the public interest:
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FFUNTSVILLE, TEXLS:
Section 1. Short Title. This ordinance shall be
known and may be cited as toe "Airport Zoning Ordinance of
1949."
Section 2. Definitions. .s used in this Ordi-
nance , unless the context otherwise requires:
(1) "t,irport" means the Huntsville F;iunicipal Air-
port.
(2) "Airport hazard" means any structure or tree
or use of land which obstructs the airspace required for the
flight of aircraft in landing or taking-off at the airport
or is otherwise hazardous to such landing or taking-off of
aircraft.
(2a) "Airport hazard area" means any area of land
or water upon which an airport hazard might be established if
not prevented as provided in this Ordinance .
(2b) "Airport hazard space" means any space in
which an airport hazard might be established if not prevented
as provided in this Ordinance.
(3) "Non-conforming use" means any structure, tree,
or use of land which does not conform to a regulation pre-
scribed in this Ordinance or any amendment thereto, as of
the effective date of such Ordinance or amendment.
(4) "Person" means any individual, firm, co-part-
nership, corporation, company, association, joint stock as-
sociation or body politic, and includes any trustee, receiver,
assignee , or other similar representative thereof.
( 5) "Structure" means any object constructed or
installed by man, including, but without limitation, build-
ings, towers, smokestacks, and overhead transmission lines.
(6) "Landing area" means the area of the Airport
used for the landing, take-off, or taxiing of aircraft.
(7) "Tree" means any object of natural growth.
(8) "Plat of hazard area" means a plat on which
has been delineated the horizontal limits of the Airport
Hazard Area and the horizontal and vertical limits of the
Airport Hazard Space .
Section 3. Plat of Airport Hazard Area. In order
to definitely outline the horizontal and vertical, limits be-
yond which the projection of any structure or tree will con-
stitute an airport hazard, the attached Plat of Airport Hazard
Area, Huntsville 11,flunicipal Airport, Huntsville , Texas, marked
Exhibit "A" , which plat has been filed with the City Secretary
of the City of Huntsville, is hereby made a part of this Or-
dinance.
Section 4.. Airport Hazard Area . In order to carry
out the purposes of this Ordinance , all of the following de-
scribed lands are hereby declared as an airport hazard area :
All area contained within a circle, the radius of
which is two and one half (2.50) miles in length and the cen-
ter of which is a point lying within the airport boundaries
and located six thousand six hundred twenty two (6622.0) feet
East and two thousand twenty five (2025.0) feet North of the
Southeast corner of Hillary Crabb Survey, 'jalker County, Tex-
as , as shown on the Plat of Airport Hazard area, Huntsville
Municipal 9_irport, Huntsville, Texas.
Section Airport Hazard apace. To further
carry out the purposes of this ordinance, the following
space is hereby declared as airport hazard space:
All space within the airport hazard area as de-
scribed in Section 4 above lying above the elevations as
denoted by the contour lines drawn on the Plat of Airport
Hazard Area , Huntsville Municipal Airport , Huntsville , Tex-
as, or lying above five hundred feet above TrJean Sea Level,
whichever is lesser.
P!Iean Sea Level is to be determined with relation
to Bench ::dark #PL-205, United States Coast and Geodetic Sur-
vey, 1933, showing an elevation of 361.105 feet above llean
Sea Level_, which Bench !mark is approximately 3380 feet N
73-17 'oi and 38. 5 feet S 16-43 11 from the intersection of
the center line of Federal Highway No. 75 with the center
line of the N-S (N5-50E) paved runway projected to the cen-
ter line of said highway.
Section 6. Heiwht Limitations. Lxcept as other-
,;rise provided in this Ordinance , no structure , or tree shall
be erected, altered, allowed to grow, or maintained with-
in the Airport Hazard Area which will project into the
Airport Hazard Space as established by Section 5 of this
Ordinance.
Section 7. Use Restrictions. Notwithstanding
any other provisions of this Ordinance no use may be made
of land within the Airport Hazard Area , in such a manner
as to create electrical interference with radio communica-
tion between the Airport and aircraft, make it difficult
for flyers to distinguish bet✓✓een airport lights and others,
result in glare in the eyes of flyers using the Airport,
impair visibility in the vicinity of the Airport, or other-
wise endanger the landing, taking-off, or maneuvering of
aircraft.
Section 8. Non-conforming uses. The regulations
prescribed in Sections 6 and 7 of this Ordinance shall not
be construed to require the removal, lowering, or other
change or alteration of any structure or tree not conform-
ing to the regulations as of the effective date hereof, or
otherwise interfere with the continuance of any noncon-
forming use. Nothing herein contained shall require any
change in the construction, alteration, or intended use
of any structure the construction or alteration ofwhich
was begun prior to the effective date of these regulations,
and is diligently prosecuted and completed within two years
thereof.
Section 9. Permits. Before any existing non-
conforming structure or tree may be replaced, substantial-
ly altered or repaired, rebuilt, allowed to grow higher,
or replanted, a permit must be secured from the Airport Com-
mittee of the City Council authorizing such replacement,
change or repair. No permit shall be granted that would
allow the establishment or creation of an airport hazard or
permit a non-conforming structure or tree or non-conform-
ing use to be made or become higher or become a greater haz-
ard to air navigation than it was arhen the application re-
gulation was adopted or than it is when the application
for a permit is made . Except as provided herein, all ap-
plications for permits shall be granted.
Section 10. Variances. Any person desiring to
erect any structure , or increase the height of any struc-
ture , or permit the growth of any tree, or otherwise use
his property in violation of this Ordinance, may apply to
the Board of Adjustment for a variance from the zoning regu-
lations in question. Such variances shall be allowed where
a literal application or enforcement of the regulations
would result in practical difficulty or unnecessary hard-
ship and the relief granted would not be contrary to the
public interest but do substantial justice and be in ac-
cordance with the spirit of this Ordinance and of the Air-
port Zoning Act , Chapter 391 of the Acts of the Regular Ses-
sion of the 50th Legislature, 1947; provided, that any var-
iance may be allowed subject to any reasonable conditions
that the Board of Adjustment may deem necessary to effect-
uate the purposes of these Regulations.
Section 11. Hazard Marking and_Lightin s Any per-
mit or variance granted under Section 9 or 10 may, if such
action is deemed advisable to effectuate the purposes of this
Ordinance and reasonable in the circumstances , be so condi-
tioned as to require the owner of the structure or tree in
question to permit the City of Huntsville , at its own expense ,
to install, operate , and maintain thereon such markers and
lights as may be necessary to indicate to flyers the presence
of an airport hazard.
Section 12. Appeals.
(1) Any person aggrieved, or taxpayer affected,
by any decision of the Airport Committee made in its admini-
stration of this Ordinance , or the City Council of the City
{
1.
of Huntsville, if of the opinion that a decision of the Air
port Committee is an improper application of these regulations'
may appeal to the Board of Adjustment for which provision is
made in Section 14.
(2) All appeals taken under this Section must be
takaiurithin a reasonable time, as provided by the rules of
the Board, by filing with the Airport Committee and with the
Board, a notice of appeal specifying the grounds thereof. The
Airport Committee shall forthwith transmit to the Board all
the papers constituting the record upon which the action ap-
pealed from was taken.
(3) An appeal shall stay all. proceedings in fur-
therance of the action appealed from, unless the Airport Com-
mittee certifies to the Board, after the notice of appeal has
been filed with it, that by reason of the facts stated in the
certificate a stay would, in its opinion, cause imminent peril
to life or property. In such case, proceedings shall not be
stayed otherwise than by order of the Board on notice to the
Airport Committee and on due cause shown.
(4) The Board shall. fix a reasonable tine for the
hearing of the appeal, give public notice and due notice to
the parties in interest, and decide the same within a reason-
able time. Upon the hearing any party may appear in person
or by agent or by attorney.
( ;) The Board may, in conformity with the provi-
sions of this Ordinance, reverse or affirm, wholly or partly,
or modify, the order, requirement, decision, or determina-
tion appealed from anc may take such order, requirement , de-
cision, or determination as ought to be made, and to that end
shall have all the powers of the Airport Committee.
(6) The Board shall make written findings of
fact and conclusions of law giving the facts upon which
it acted and its legal conclusions from such facts in re-
versing, or affirming, or modifying any order , requirement,
decision, or determination which comes before it under the
provisions of this Ordinance.
(7) The concurring vote of four (4) members of
the Board shall be necessary to reverse any order , require-
ment, decision, or determination of the Airport Committee
or to decide in favor of the applicant on any matter upon
which it is required to pass under this Ordinance, or to
effect any variation in this Ordinance.
Section 13 . idministrative Agency. The Airport
Committee of the City Council is hereby designated the ad-
ministrative agency charged with the duty of administering
and enforcing the regulations herein prescribed. The duties
of the Airport Committee shall include that of hearing and
deciding all permits under Section 9 , but the Airport Com-
o
mittee shall not have or exercise any of the powers or dut-
ies herein delegated to the Board of Adjustment.
Section 14. Board of Adjustment.
(1) Where is hereby created a Board of Adjustment
to have and exercise the following powers:
(a) To hear and decide appeals from any order,
requirement, decision, or determination made by the Airport
Committee in the enforcement of this Ordinance.
(b) To hear and decide special exceptions to the
terms of this Ordinance upon which such Board may be required
to pass by subsequent regulations.
(c) To hear and decide specific variances under
Section 10.
(2) The Board of Adjustment shall consist of five
( 5) members , each to be appointed for a term of two (2) years
and to be removable for cause upon written charges and after
public hearing. Vacancies shall be filled for the unexpired
term of any member whose term becomes vacant.
(3) The Board shall adopt rules for its governance
and procedure in harmony with the provisions of this Ordi-
nance . i,ieetings of the Board shall be held at the call of
the chairman and at such other times as the Board may deter-
mine. The chairman, or in his absence the acting chairman,
may administer oaths and compel the attendance of witnesses.
All hearings of the Board shall be public. The Board shall
keep minutes of its proceedings, showing the vote of each
member upon each question, or, if absent or failing to vote,
indicating such fact, and shall keep records of its examina-
tions and other official actions , all of which shall immed-
iately be filed in the office of the Board and shall be a
public record.
Section 15. Judicial Review. Any person aggrieved,
or taxpayer affected, by any decision of the Board of Adjust-
ment , or the City Council of the City of Huntsville , if of
the opinion that a decision of the Board of Adjustment is
illegal, may appeal to a Court of Competent Jurisdiction in
the manner provided in uection 8 of Chapter 391 of the facts
of the Regular Session of tiie 50th Legislature , 1947.
Section 16. Conflicting Re,7ulations. There this
Ordinance imposes a greater or more stringent restriction
upon the use of land than is imposed or required by any
other ordinance or regulation, the provisions of this ordi-
nance shall govern.
Section 17. Severability. If any of the provisions
of this Ordinance or the application thereof to any person
or circumstances is held invalid, such invalidity shall not
affect other provisions or applications of the Ordinance
which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance
are declared to be severable.
Section 18. Effective Date. n-'his Ordinance shall
take effect immediately after its passage and approval, and
it is so ordained.
The above and foregoing Ordinance was duly passed
and is approved this the day o , 1949,
iAYOR
eT``=E5T
CITY SECRETlhRY