Loading...
ORD CC 10/15/76 - Airport Hazard ZoningORDINANCE NO. 76 -20 HUNTSVILLE MUNICIPAL AIRPORT AIRPORT HAZARD ZONING ORDINANCE 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 CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING 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 ADJUSTMENT; AND IMPOSING PENALITIES. 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 Articles 46e -3, Revised Statutes of Texas. It is hereby found that an airport hazard endangers the lives and property of users of Huntsville Municipal Airport, and property or occupants of land in its vicinity, and also if the obstruction'type, in effect reduces the size of the area available for the landing, takeoff, and manuevering of aircraft, thus tending to destroy or impair the utility of Huntsville MunichNi Airport ., and the public investment therein. Accordingly, it is declared: (1) that the creation pr establishment of an air nuisance and an in4ur r to the region served (2) that it is Necessary in the interest of the safety, and general Welfare that the creation"',1 port hazards be prevan; and (3) that the prevention Of these hazards should be extent legally possible, by the exercise of the police compensation. It is further declared that both the prevention of the establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivision may raise and expend public funds and acquire land or interests 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 Airport Hazard Zoning Ordinance." SECTION II: DEFINITIONS As used in this Ordinance, unless the context otherwise requires: (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 level. (3) AIRPORT HAZARD - Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of air- craft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff 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. -2- 511 (6) NONCONFORMING USE - Any pre- existing structure, object of 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 limits in all zones set forth in this Ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified. (8) PERSON - An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them. (9) BOARD OF ADJUSTMENT - A board consisting of five (5) members appointed by the City of Huntsville and Walker County Joint 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 and 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. (10) RUNWAY - A defined area on an airport prepared for landing and takeoff of aircraft along its length. (11) UTILITY RUNWAY - A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less. (12) NONPRECISION INSTRUMENT RUNWAY - A runway having an existing instrument approach procedure utilizing air navagation facilities with only horizontal guidance, or area type navigation equipment, for which a straight -in nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document or military service's military airport planning document. -3- 53 (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 runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) 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 elevation of the nearest point on the runway centerline. (14) APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES - These zones apply to the area under the approach, transitional, horizontal, and conical surfaces defined in FAR Part 77. SECTION III: 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 Zoning Map consisting of one sheet, prepared by O'Malley & Clay, Inc., and dated June 10, 1976, which is attached to this Ordinance and made a part hereof. An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: 1. Runway Larger Than Utility With a Visibility Minimum Greater Than 3/4 Mile Nonprecision Instrument Approach Zone - The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline being the continuation of the centerline of the runway. -4- 56 2. Transitional Zones - These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal surface. 3. Horizontal Zone - The horizontal zone is hereby established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. 4. Conical Zone - The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. SECTION IV: AIRPORT ZONE HEIGHT LIMITATIONS Except as otherwise provided in this Ordinance, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this Ordinance to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows: 1. Runway Larger Than Utility With a Visibility Minimum Greater Than 3/4 Mile Nonprecision Instrument Approach Zone - Slopes upward thirty -four (34) feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a hori- zontal distance of 10,000 feet along the extended runway centerline. 2. Transitional Zones - Slopes upward and outward seven (7) feet horizontally -5- 5% for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the 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 sloping upward and outward seven (7) feet horizontally for each foot vertically beginning at the sides of and at the same eleva- tion as the approach zones, and extending to where they intersect the horizontal or conical surface. 3. Horizontal Zone - One hundred and fifty (150) feet above the airport elevation or a height of 513 feet above mean sea level. 4. Conical Zone - Slopes upward and outward twenty (20) feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at one hundred and fifty (150) feet above the airport elevation and extending to a height of 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 a manner as to create electrical interference with navigational signals or radio com- munications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, results in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff, or -6- 51 maneuvering of aircraft intending to use the airport. SECTION VI: NONCONFORMING USES 1. Regulations not Retroactive - The regulations prescribed by this Ordinance shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this Ordinance, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein 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 this Ordinance, and is diligently 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, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Huntsville City Engineer to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the City of Huntsville. SECTION VII: PERMITS 1. Future Uses - No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted. (a) However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway except -7- 57 when such tree or structure, because of terrain, land coutour, or topographic feature, would extend above the height limit prescribed for the respective zone. (b) Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars 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 allow the establish- ment or creation of an airport hazard or permit a nonconforming use, structure, or tree to become a greater hazard to air navagation than it was on the effective date of this Ordinance or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applica- tions for such a permit shall be granted. 3. Nonconforming Uses Abandoned or Destroyed - Whenever the Huntsville City Engineer determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. 4. Variances - Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this Ordinance, may apply to the Board of Adjustment for a variance 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 unnecessary hardship and relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this Ordinance. 5. Hazard Marking and Lighting - Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Ordinance -8- 6D and be reasonable in the circumstances, be so conditioned 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, indicate to pilots the presence of an airport hazard. SECTION VIII: ENFORCEMENT It shall be the duty of the Building Inspector to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Building Inspector upon a form furnished by him. Applications required by this Ordinance to be submitted to the Building Inspector shall be promptly considered and granted or denied by him. Application for action by the Board of Adjustment shall be forthwith transmitted by the Building Inspector. SECTION IX: BOARD OF ADJUSTMENT 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 by the Building Inspector in the enforcement of this Ordinance; (2) to hear and decide special exceptions to the terms of this Ordinance upon which such Board of Adjustment under such regulations may be required to pass; and (3) to hear and decide specific variances. 2. The Board of Adjustment shall consist of five (5) members appointed by the City of Huntsville and Walker County Joint Zoning Board and each shall serve for a term of two (2) years and until his successor is duly appointed and qualified. Of the members first appointed, one shall be appointed for a term of one (1) 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 appointing authority for cause, upon written charges, after a public hearing. -9- 6J 3. The Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of this Ordinance. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine. The Chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment 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 examinations and other official actions, all of which shall 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 acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination 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 is required to pass under this Ordinance, or to effect variation in this Ordinance. SECTION X: APPEALS 1. Any person aggrieved, or any taxpayer affected, by any decision of the Building Inspector made in his administration of this Ordinance, may appeal to the Board of Adjustment. 2. All appeals hereunder must be taken with a reasonable time 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 to the Board of Adjustment all the -10- papers constituting the record upon which the action appealed from was taken. 3. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector certified to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the Building Inspector, and on due cause shown. 4. The Board of Adjustement shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties 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. 5. The Board of Adjustment may, in conformity with the provision of this . Ordinance, reverse or affirm, in whole or in part, 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 Court of as provided in Section 11 of Chapter 391 of the Public Laws of the State of Texas, as amended, Article 46e -11 of the Revised Statutes of Texas. SECTION XII: PENALTIES Each violation of this Ordinance or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by 63 a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment for not more than one hundred eighty days or both; and each day a violation continues to exist shall constitute a separate offense. SECTION XIII: CONFLICTING REGULATIONS Where there exists a conflict between any of the regulations or limitations prescribed in this Ordinance and any other regulations applicable to the same area, whether the conflict be with respect to the height of structure or trees, the use of land, or any other matter, the more stringent limitation or requirementt shall govern and prevail. SECTION XIV: 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 XV: EFFECTIVE DATE WHEREAS, the immediate operation of the provisions of this Ordinance is necessary for the preservation of the public health, public safety, and general welfare, an EMERGENCY is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage by the City of Huntsville and Walker County Joint Zoing Board and publication and posting as required by law. Adopted by the City of Huntsville and Walker County Joint Zoing Board this 27th day of February , 1978' ATTEST: Ruth DeShaw, City Secretary APPRO AS CITY OF HUNTSVTTJF, TERM BY:Ii -12- rris I. Waller, Mayor MEMORANDUM TO: Jim McAlister, City Manage FROM: Ruth DeShaw, City Secret February 22, 1979 SUBJECT: Formal Adoption of the T ville Municipal Airport Hazard Zoning Ordinance by the Council The Huntsville City Council informally discussed the City's Municipal Airport Hazard Zoning Ordinance in their work session of August 3, 1976. It was then formally presented on August 10, 1976 for their consideration; however, Mr. Jack Haney, City Attorney, advised the Council that the state statute had not been complied with in regard to zoning and the approval that must be obtained from the Zoning Commission before passing the ordinance. Mayor Waller then requested a delay in action on this ordinance until additional study could be made of it in the next work session of the Council. The matter was then placed on the agenda for the work session of August 17, 1976. On August 24, 1976, the Huntsville Municipal Airport Zoning Board was formally appointed by the Mayor and City Council. This Board subsequently approved the Huntsville Airport Hazard Zoning Ordinance on October 15, 1976. The ordinance was then published in the Huntsville Item on October 16, 1976, as prescribed by law, and it was felt all requirements had been met and the matter was considered completed. The last step in this chain of events was to again take the Ordinance before the City Council for their final adoption, however this was not done. Attached is a copy of the Huntsville Municipal Airport Hazard Zoning Ordinance which is now quite ready for the Council's formal adoption. RD:rd Attachment 52 HUNTSVILLE MUNICIPAL AIRPORT AIRPORT HAZARD ZONING ORDINANCE 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 CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING 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 Articles 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 area available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of Huntsville Municipal Airport and the public investment therein. Accordingly, it is declared: (1) that the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by Huntsville Municipal Airport. (2) 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 (3) that the prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power with- out compensation. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing air- port hazards are public purposes for which political subdivision may raise and expend public funds and acquire land or interests 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 Airport Hazard Zoning Ordinance." SECTION II: DEFINITIONS As used in this Ordinance, unless the context otherwise requires: (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 level. (3) AIRPORT HAZARD - Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of 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 takeoff 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 of 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 limits in all zones set forth in this Ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified. (8) PERSON - An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them. (9) BOARD OF ADJUSTMENT - A board consisting of five (5) members appointed by the City of Huntsville and Walker County Joint 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 and 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 landing and takeoff of aircraft along its length. (11) UTILITY RUNWAY - A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maxi- mum gross weight and less. (12) NONPRECISION INSTRUMENT RUNWAY - A runway having an existing instrument approach procedure utilizing air navagation facilities with only horizontal guidance, or area type navigation equipment, for which a straight -in nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document or military service's military airport planning document. (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 runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width pre- scribed in Part 77 of the Federal AViation Regulations (FAR) 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 elevation of the nearest point on the runway centerline. (14) APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES - These zones apply to the area under the approach, transitional, horizontal, and conical surfaces defined in FAR Part 77. -4- SECTION III: 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 Zoning Map con- sisting of one sheet, prepared by O'Malley & Clay, Inc., and dated June 10, 1976, which is attached to this Ordinance and made a part hereof. An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: 1. Runway Larger Than Utility With a Visibility Minimum Greater Than 3/4 Mile Nonprecision Instrument Approach Zone - The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline being the continuation of the centerline of the runway. 2. Transitional Zones - These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal surface. -5- 3. Horizontal Zone - The horizontal zone is hereby established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. 4. Conical Zone - The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. SECTION IV: AIRPORT ZONE HEIGHT LIMITATIONS Except as otherwise provided in this Ordinance, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this Ordinance to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows: 1. Runway Larger Than Utility With a Visibility Minimum Greater Than 3/4 Mile Nonprecision Instrument Approach Zone - Slopes upward thirty -four (34) feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline. 2. Transitional Zones - Slopes upward and outward seven (7) feet horizontally for each foot vertically beginning at the sides of -6- and at the same elevation as the primary surface and the 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 sloping upward and outward seven (7) feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones, and extending to where they intersect the horizontal or conical surface. 3. Horizontal Zone - One hundred and fifty (150) feet above the airport elevation or a height of 513 feet above mean sea level. 4. Conical Zone - Slopes upward and outward twenty (20) feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at one hundred and fifty (150) feet above the airport elevation and extending to a height of 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 navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights -7- and others, results in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport. SECTION VI: NONCONFORMING USES 1. Regulations not Retroactive - The regulations prescribed by this Ordinance shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not con- forming to the regulations as of the effective date of this Ordinance, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein 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 this Ordinance, and is diligently 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, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Huntsville City Engineer to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the City of Huntsville. -8- SECTION VII: PERMITS 1. Future Uses - No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted. (a) However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway except when such tree or structure, because of terrain, land contour, or topographic feature, would extend above the height limit prescribed for the respective zone. (b) Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars 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 allow 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 application for a permit is made. Except as indicated, all applications for such a permit shall be granted. - 9- 3. Nonconforming Uses Abandoned or Destroyed - Whenever the Huntsville City Engineer determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. 4. Variances - Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this Ordinance, may apply to the Board of Adjustment for a variance 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 unnecessary hardship and relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this Ordinance. 5. Hazard Marking and Lighting - Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Ordinance and be reasonable in the circumstances, be so conditioned 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, indicate to pilots the presence of an airport hazard. -10- SECTION VIII: ENFORCEMENT It shall be the duty of the Building Inspector to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Building Inspector upon a form furnished by him. Applications required by this Ordinance to be submitted to the Building Inspector shall be promptly considered and granted or denied by him. Application for action by the Board 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 by the Building Inspector in the enforcement of this Ordinance; (2) tq hear and decide special exceptions to the terms of this Ordinance upon which such Board of Adjustment under such regulations may be required to pass; and (3) to hear and decide specific variances. 2. The Board of Adjustment shall consist of five (5) members appointed by the City of Huntsville and Walker County Joint Zoning Board and each shall serve for a term of two (2) years and until his successor is duly appointed and qualified. Of the me*bers first appointed, one shall be appointed for a term of one (1) year, two (2) for a term of two (2) years and two (2) for alterm of three (3) years. Members shall be removable by the a authority for cause, upon written charges, after a pu pointing lic hearing. 3. The Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of this Ordinance. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may, determine. The Chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings sjowing the vote of each member upon each question; or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall 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 acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination 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 is required to pass under this Ordinance, or to effect variation in this Ordinance. -12- SECTION X: APPEALS 1. Any person aggrieved, or any taxpayer affected, by any decision of the Building Inspector made in his administration of this Ordinance, may appeal to the Board of Adjustment. 2. All appeals hereunder must be taken with a reasonable time 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 to the Board of Adjustment all the papers constituting the redord upon which the action appealed from was taken. 3. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector certified to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the Building 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 parties 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- 5. The Board of Adjustment may, in conformity with the prevision of this Ordinance, reverse or affirm, in whole or in part the order, requirement, decision or determination appe or modify led 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 as provided in Section 11 of Chapter 391 of the Public Laws of the State of Texas, as amended, Article 46e -11 of the Revised Statutes of Texas. SECTION XII: PENALTIES Each violation of this Ordinance or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment for not more than one hundred eighty (180) days or both; and each day a violation continues to exist shall constitute a separate offense. SECTION XIII: CONFLICTING REGULATIONS Where there exists a conflict between any of the regulations or limitations prescribed in this Ordinance and any other regulations applicable to the same area, whether the conflict be with respect to the height of structure or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. -14- --r SECTION XIV: 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 Ordina ?ce which can be given effect without the invalid provision or applipation, and to this end the provisions of this Ordinance are declared to be severable. SECTION XV: EFFECTIVE DATE WHEREAS, the immediate operation of the provisions of this Ordinance is necessary for the preservation of the public health, public safety, and general welfare, an EMERGENCY is hereby declared to exist, 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 15th day of October, 1976. ATTEST. LEONARD B. REDD, SECRETARY CITY OF HUNTSVILLE AND WALKER COUNTY JOINT ZONING BOARD', rW LLIAM H. HODGES, CHAI -15-