ORD CC 07/05/1949 - airport zoning ordinance & commission reportTHE STATE OF TEXAS
COUNTY OF VvALM,R
TO TiM CITY COUNCIL OF THE CITY OF HUNTSVILLE, Th�1"[S:
The undersigned, your Airport Zoning Commission,
beg leave to report that heretofore on April 27, 1949 they
filed with the City Council their preliminary report, and
after giving notice in the manner and for the length of time
required by law, held public hearings upon such report on
iay 16, 1949.
tie now beg leave to file with you our final re-
port, and recommend the adoption ol- the following ordinances
establishing regulations restricting the heighth of struc-
tures and objects of natural growth, and otherwise regulat-
ing the use of property in the vicinity of the Huntsville
,r nicipal Airport by declaring airport hazard areas and es-
tablishing boundaries thereof as in said ordinance provided,
to -wit:
I
AIRPORT ZONING OMINANCE Oil 1949
V.UL'h1,.Sj by ordinance du'J.7 adopted nn` enacted by
the City Council of the City of huntsville, Tey sj on JiRnu-
ary 18, 1949, Nihich is of record in Voltu;ie 119 page 5527 of
the --Inates of t;'lc City Of th* City Of Hur-tsvill0i
)exvs, R. C. 6tiernbergj Lewis 1:1. B. all and U. 0. Leigh were
appointed as the members of the airport Zoning Commission,
-A;Ji connection with the recoir-mendpition of Of the
varil out zones to be established and the regulations to be
adopted in connection with the Huntsville (AuniciPsl ikirport,
as provided in article 46E of the F.Levised Civil Ststutes of
the of Texas of 1921�; and,
thereafter and on April 27s 1949 the Air-
port A''011 jig Commission made its preliminary report, and. af-
ter due and legal notice In the manner and for the length of
time required by lair, held public hearings thereon on 7ley 169
1949, and thereaftc,,r on the day of May, 1949 made Its
final report to the City Council of the City of liuntsville7
Texas; and
MiMka, after due and legal notice by publication
in the manner and for the length of time required "by law, the
City Colancil of the City of Huntsville, 'T'axas held -! public
hearing on the final report of the Airport ',Ioning Commission
on. the day of JjZN� -, 1949, ahicii soil final report
proposed cirpor;j 4-
zoning regulstions for airport hazard arias
surrounding the hun svil'ie Municips.]. �Arportj 11untsville, Tex-
as; and,
V4T3LREAS139 it appears to the City Council of the City
of nuntsville that the following airport zoning regulations
are necessary and in tnia public interest:
'IRMEPOEE, BE IT OPJ)AlNED BY THE CITY COUNCIL
OF TIR,", CITY OF HUNTSXIL111 YE.-KAS:
Section 1. Short Title. This ordinance shall be
known and may be cited as the "airport Zoning Ordinance of
1949.11
r,-�ection 2. Definitions. Ls used in this Ordi-
nance, unless the context otherwise requires;
port.
(1) "Airport" means the Hunt-sville, lilunicipal Air-
(2) "Airport hazard" means any structure or tr,_e
or use of land which obstructs .he airspace required for ti-Le
flight of aircraft in landing or taking-off at the airport
or 51.S otherwise hazardous to such lani.inC or tFliing-off of
aircraft.
(2a) "Airport hazard area" meEins any area of land
or wator upon which an airport Lazard 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, treo,
or use of land which does not conform to a regulation pre-
ser"Lbed in this Ordinance or any amendment tftereto, as of
the effective date of Such Ordinance or amer6j.pent.
(4) "Person" means any individualt firm, co -part-
nership, corporation, company, a.-�socla'k-.ion, joint- stock as-
sociation or body politic, and includes any trustee, receiver,
assignee, or other similar representative thereof.
(5) "Structures' means any object constructed or
installed by man, including, but without liL,1it;1tio11, buIld-
4 irlgs, towers, smokestacks, and overhead transmission lines.
(6) "Landing area" means the area of the 1.irport
used for the lanuing, take-off, or taxiing of aircraft.
(7) "Tree" means any object of natural
,,,,,rowth.
"Plat Of hazard area" means a, plat on which
has been delineated the horizontal limits of the -'Lirport
Hazard Area and the horizontal. and vertical limits of the
kirport 11-,izard Space.
Section 3. Plat of Airport hazard Lrea. TrI
-L order
to definitely outline the horizontal and vertical liraits, be-
yond. ,!,ich the projection of any structure or tree will. cor.,_
stitute an airport hazard, the attached Plat of ,-irport Hazard
Area, Huntsville 44unicipal Airport, Huntsville, 'Texas, marked
hxhibit 1,,titil 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. Lirport hazard Area. In order to carry
Out tho purposes Of this Ordinance. all of the following de-
scribed lands are fiereby declared as an airport hazard area:
All ^rea contained within a circle, the radius of
ic!", 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 t�vo (6622.0) feet
�ast and two thousand twenty five (2025.0) feet North of the
Southeast corner of Hillary Crabb burvey, County, Tex-
as, as shown On the Plat of Lirport Hazard urea, Huntsville
Municipal .`airport, Huntsville, Texas.
Section 5. Airport Hazard Space. To further
carry out the purposes of this ordinance, the following
space is hereby declared as airport hazard space:
kll 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 i.,irport
Hazard Area, Huntsville Municipal Airport, Huntsville , Tex-
as, or lying above five hundred feet above Mean Sea Level,
whichever is lesser.
Mean Sea Level is to be determined with relation
to Bench IvIlark #R-2015
United States Coast and Geodetic Sur-
vey, 1933, showing an elevation of 361.105 feet above Ldean
Sea Level, which Bench Mark is approximately 3380 feet N
73-17 ,'d and 38.5 feet S 16-43 V.1, 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. Height Limitations. Lxcelpt as other-
,I structure, or tree shall
iise provided in this Ordinance, no
be erected, eltered, alloyed to grow, or maintained -aith-
in the Airport Hazard Area which will project into the
Airport Hazard Space as established by :section 5 of this
Ordinance.
Section 7. Use Iiestrictions. klotwithstanding
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, mal,,,e it difficult
for flyers to distinguish bet-vieen 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 u_ ses. '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 conforr.-
ing to the regulations as of the effective date hereoft or
otherwise interfere with the continuance of any non-con-
forming use. Noth-ing herein contained shall require any
change in the construction7 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 -,,,iithin two years
thereof.
Section 9. Pernits'. Pefore 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 ,could
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 �ihen 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 t'lesiring to
erect <<ry structure, or increase the height of any str,).c-
ture, or permit the grovith of any tree, or otherviise use
his pro-,erty in violation of this Ordinance, may apply to
the hoard of Adjustment for a variance from the zoning regu-
lations.in question. Such variances shall be allowed where
a literal application or enforceinent 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 iii ac-
cordance with. the spirit of t_Eiis Ordinance and. of the Air-
port 2'onlng Act, Chapter 391 of the pets of the �egular 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 1 Hazard Maj:kiA,,,P,, and Li Any per-
mit or variance granted under 6ection 9 or 10 may, if suer.
action is decmed advisable to effectuate the purposes of this
OrCl'I'nance eind reasonable in the circumstances, be so condl-
tioncd as to reciuire the owner of the structure or tree in
question. to permit the City of Huntsville, at its 0-viln expense,
to install, operate, and maintain thereon such, markers and
lights as may be necessary to indicate to flyers the presence
of tin airport hazard.
I action 19. A-Ppeals,
(1) Any person aggrieved, or taxpayer affected.,
by any decision of the Airport Comniittee made in its admini-
stration of this Ordinance, or the City Council of the City
of Huntsville, if of the opinion that a decision of the Air-
port Committee is an irproper 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
taken Within 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 QG 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 then by oider of the Board on notice to the
Airport Committee and on We 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 tWe. Upon the hearing any party may appear in person
or by agent or by attorney.
(11) The Board way, 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 frog: and may take sucL order, requirement, de-
cision, or determination as ought to be made, and to that end
shall have all the powers of the airport Committee.
( 0" ) The Board shall make writtei,, findings of
fact and conclusions of law giving the facts upon which
it acted and -Its legal conclusions frora such facts in re-
versing, or affirming, or modifying any order, requiremept,
6.6cision, or determination v4hic4 comes before it under the
provisions of t1zis Ordinar,.ce.
(7) The concurring vote of four (4) members of
the Board shall be necessar-,r to xcverse
W
ment, decision, or determirwtion of the
or to decide in favor of the applicant
which I't is recluirGd to -,ass under this
effect any variation in this Ordinance.
Section 13. itdrninistrative Aj
ony order, require-
&irport Committee
DL any matter upon
Ordinance, or to
tency. 7he iairport
COMMI-ittee of Cie City Council is hereby designated the ad.-
ministrativ:, z:-,gE)ncy charged witia the duty of administering
and enforcing the regulation, herein prescribed. The dut- Ps
of the .'irport Committee shall include that of hearing and
deciding all permits under 6ection 9, but the Airport Com-
mittee small not have or exercise any of the powers or dut-
ies herein delegated to the Board of A6djustment.
,: eCtiori 14. board of Adiustment.
(1) where -.Ls Hereby created a Board of 4djustment
to have and exercise the following powers:
(a) To hear and decide appeals frc)m any order7
requirement, decision, or deterraination made by the airport
Committee in the enforcement of this Ordinance.
(b) To hear and decide spec')-&I- exceptions to the
terms of this Ordinance upon which such Board may be required
to pass by subsequent regulations.
(c) "'Ll'o hear ane, decide specific variances under
Section 10.
(2) The board of Adjustment shall consist of five
(5) member.7., each to be i�-Dpointed for a term of two (2) years
and to be removable POr cr-iuse upon written charges and after
public hearing. Vacancies shall be filled for tfie une:pired
term of any member whose term becomes vacant.
( ) The Board shall adopt :r.ule,,) for its &OVernance
end procedure in hsirraony with the provisions of this Ordi-
nance. Ieetings of the Board shall be held at the call of
L
the chairman and at such other tirdes as the Board may deter-
mine. The chairman, or in his absence the acting chairman,
may admin-Ister oaths and compel the attendance of witnesses.
All. he-ciringc of the 1. of rd shall be public. ".he Board shall
keep minutes of its proceedings, sho-,,iing the vote of each
member upon e�3(3i' question, or, if absent or failing to vote,
in6icating such fact, and shall keep records of its examina-
tions anti otficr Offf.cj.@*i
Ect�Ons, 813. of shich shall immed-
,ately be filed i ice of' tk ,.r- -oard and st. -,all be a
public record.
Section l", . Judicial Review. Tiny person nggrieved,
.4_.
or taxpay---r affr
:�ctedq by any dadls�orj of the Board of Adjust-
ment, -
ment, or teie City Council of tae City of if of
C4 SJ
the opinion that a de Or I of tile ;joard of Adjustment is
illegal, may 2PP al to a 'Oust of Competent Jurisdiction in
S,
the manner provided in Section S of Chapter 391 of the acts
of the Regular J'--Ssdon of the 50th Legislature7 1947.
oection 16. Conf..1ict-Ing Regula t ions. ',,,here ttis
0-rdinance 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. Severy-bilitZ. If any of the provisions
Of this Ordinance or the aDDliCation thereof to any person
or circumstances is held invalid, such invalidity shall not
affect other provisions Or G.P.Plications 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. "his Ordinance shall
take effect immediately after its passage and approval, and
it is so ordained.
Q, ,
-4-he above and foregoing Ordinance was duly passed
and is approved this the 5th - July
(."ay of 1949.
L
Wilbourn S. Gibbs / signed
`:1YOR
aT'ZEST:
Kate Barr Ross /signed
CITY 6ECELiM
.NiRY
I (SEAL)
I, Kate Barr Ross, City Secretary, do hereby certify that the
foregoing Ordinance is filed in Minute Book H, on pages 578,
57§.,�xjd580.of Minutes of City of Huntsville, Walker County,
Texas.... *- e same is a true and correct copy.
j
JUTNEESFrmy hand and seal of said 6ffice this the 5th day of
-'Jant�z 1966"
0
I $
Kate Barr Ross,
...... City Secretary.
•' �e •r '.rw
wr.>
We respectfu y recommend the adoption of this
ordinance and that we be discharged as your i�irport Zoning
Commission.
1949.
Dated at Huntsville, Texas, this 27th day of !1ay,
R. C. STIERNBEPPIV-
LE14IS E. B &LL
N:
LEFG11 �
AIRPORT ZONING CO'iiIiISSION
THE STATE OF TEXAS
COUNTY OF WALKER �
CITY OF HUNTSVILLE I, Kate Barr Ross, City Secretary,
do hereby certify that the foregoing is a true and correct
copy of the AIRPORT ZONING ORDINANCE OF 1949, and that same
is recorded in l- iinute Records of the City of Huntsville
Walker County, Texas, in Volume H. Pages 578,579 and SH of
Minute..Records.
wiT a�3r ", hdna, and seal of said office this the 5th- day of
I9fr6.
r
Kate Barr Ross, City Secretary.
F J 1
r THE STATE OF TFX. AS, r 1 > =r' d:ounty Court in and for said t `.
1 COUNTY OF WALIi , .ii I• i F.
County,,h el;y cert),v that ti3e i >r n n of xuti►eniication was
»
,t,• '
day of- 19 - - --
filed for reco u:* office the. __- _
at 'clot - - - -M., and iuly recc rcied the --- -- Records
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at,fO'clock�_b1., in V0Q -? -- - -p b
of Walker County, Texas.
� lid and tine seal of said C.;.•ar', at office in Huntsville, ems
Witness my
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THE STATE OF TD,-AS I
COUNTY OF WALI�R I
TO TH1 CT TY COUNCIL OF TF E CITY OF HUNTSVILLE, TLI, S
The undersigned, your Airport Zoning Commission,
beg leave to report that they have investigated the ques-
tion of zoning regulations pertaining to the Huntsville Liu-
nicipal Airport, and make this preliminary report:
1. The creation and establishment of an airport
hazard area is desirable to prevent airport hazards.
2. That the creation and establishment of an air-
port hazard space is desirable for the best administration
and operation of the airport and as a matter of public safe-
ty.
3. That the prevention of the creation or estab-
lishment of airport hazards and the elimination, removal,
alteration, maintenance, marking or lighting of existing
airport hazards are deemed advisable as a matter of public
safety.
4. That these ends should be accomplished, to
the extent legally possible by the exercise of the police
pourer.
That your Comrnission proposes to hold public hear-
ings on this preliminary report and to make final report
to the City Council thereafter.
Executed at Huntsville, Texas, this the 27th day
of April, 1949.
IE
Respectfully submitted,
R. C. ST1`hRNBER
LEIViS E BALL
H . 0 LE� H
AIRPORT ZONING COMIiTISSION