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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