This article shall be known and may be cited as the joint airport
hazard zoning regulations.
(1999 Code, sec. 12.401)
As used in this article, unless the context otherwise requires:
The appropriate person or office of a political subdivision which is responsible for the administration and enforcement of the regulations prescribed herein. The administrative agency is set forth in section 14.03.003 of this article.
Houston Executive Airport, located in Waller County, Texas,
including the ultimate development of that facility.
The established elevation of the highest point on the runway,
either existing or planned, at the airport, measured in feet above
mean sea level (MSL). The airport elevation of Houston Executive Airport
is 168 feet above mean sea level (MSL).
Any structure, tree, or use of land which obstructs the airspace
required for the flight of aircraft or obstructs or interferes with
the control, tracking, and/or data acquisition in the landing, takeoff,
or flight at an airport or any installation or facility relating to
flight, tracking, and/or data acquisition of the flight craft; is
hazardous to, interferes with, or obstructs such landing, takeoff,
or flight of aircraft; or is hazardous to or interferes with tracking
and/or data acquisition pertaining to flight and flight vehicles.
These zones are set forth in section 14.03.004 of this article and are depicted in figure 1 below:
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FIGURE 1
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A surface longitudinally centered on the extended runway centerline, extending outward and upward from each end of the primary surface and at the same slope as the approach zone height limitation slope set forth in section 14.03.005 of this article. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
A board so designated by this article as provided in Texas Local Government Code, section 241.032. Provisions for the board of adjustment are set forth in section 14.03.009 of this article.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of twenty (20) feet horizontally
for each one (1) foot vertically for a horizontal distance of four
thousand (4,000) feet.
An obstruction or use of land determined to have a substantial
adverse effect on the safe and efficient utilization of navigable
airspace.
For the purpose of determining the height limits in all zones
set forth in this article and shown on the hazard zoning map, the
datum shall be height above mean sea level (MSL) elevation as measured
in feet.
A horizontal plane one hundred fifty (150) feet above the
established airport elevation which in plan coincides with the perimeter
of the horizontal zone.
Any structure, tree, or use of land which is inconsistent
with the provisions of this article and which is existing as of the
effective date of this article.
A runway having an existing instrument approach procedure
utilizing air navigation facilities or other equipment that provides
only horizontal guidance or area type navigation equipment. This also
includes a runway for which a nonprecision instrument approach procedure
has been approved or planned. Planned Runway 18R/36L is considered
a nonprecision instrument runway.
Any structure, tree, or other object, including a mobile object, which exceeds a limiting height set forth in section 14.03.005 of this article or is an airport hazard.
A runway designed for and intended to be used by propeller-driven
aircraft of more than twelve thousand five hundred (12,500) pounds
maximum gross weight and jet-powered aircraft. Runway 18/36 at Houston
Executive Airport is considered an other than utility runway.
An individual, firm, partnership, corporation, company, association,
joint stock association, or body politic, and includes a trustee,
receiver, assignee, administrator, executor, guardian, or other representative.
A runway having an existing instrument approach procedure
utilizing air navigation facilities or other equipment which provide
both horizontal and vertical guidance. This also includes a runway
for which a precision instrument approach procedure has been approved
or planned. Runway 18/36 at Houston Executive Airport is considered
a precision instrument runway.
A 7,400 foot wide surface longitudinally centered on the
runway extending the full length of the ultimate runway configuration
plus two hundred (200) feet beyond each ultimate end of the runway.
The elevation of any point on the primary surface is the same as the
nearest point on the existing or ultimate runway centerline.
A defined area on the airport prepared for the landing and
taking off of aircraft along its length. The current length of Runway
18/36 at Houston Executive Airport is 6,610 feet. The length of the
ultimate runway configuration of Runway 18/36 at Houston Executive
Airport is 7,780 feet. The length of the ultimate parallel 18R/36L
is 7,000 feet.
An object, including a mobile object, constructed or installed
by man, including, but not limited to, buildings, towers, cranes,
smokestacks, poles, earth formations, overhead power lines, and traverse
ways. Traverse ways are considered to be the heights set forth in
14 CFR part 77.23.
Surfaces extending perpendicular to the runway centerline
and the extended runway centerline outward from the edges of the primary
surface and the approach surfaces at a slope of seven (7) feet horizontally
for each one (1) foot vertically to where they intersect the horizontal
surface. Transitional surfaces for those portions of the precision
approach surface which extend through and beyond the limits of the
conical surface extend at a slope of seven (7) feet horizontally for
each one (1) foot vertically for a distance of five thousand (5,000)
feet measured horizontally from either edge of the approach surface
and perpendicular to the extended runway centerline.
Any type of flora and an object of natural growth.
(1999 Code, sec. 12.402)
It shall be the duty of the appropriate person or office of
each of the joined political subdivision which is responsible for
the administration and enforcement of the regulations prescribed herein.
(1999 Code, sec. 12.403)
In order to carry out the provisions of this article, there
are hereby created and established certain zones which include all
of the land lying beneath the approach surfaces, conical surface,
horizontal surface, and transitional surfaces as they apply to the
airport. Such surfaces are shown on the Houston Executive Airport
Hazard Zoning Map prepared by Garver Engineers, dated May 2008, which
is incorporated in and made a part of this article. An area located
in more than one 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)
Approach zones.
Approach zones are hereby established
beneath the approach surfaces at each end of Runway 18/36 at the airport
for an other than utility runway. The approach surface shall have
an inner edge width of 550 feet, which coincides with the width of
the primary surface, at a distance of two hundred (200) feet beyond
each runway end, widening thereafter uniformly to a width of 16,000
feet at a horizontal distance of 50,000 feet beyond the end of the
primary surface. The centerline of the approach surface is the continuation
of the centerline of the runway.
(2)
Conical zone.
A conical zone is hereby established beneath
the conical surface at the airport which extends outward from the
periphery of the horizontal surface for a horizontal distance of four
thousand (4,000) feet.
(3)
Horizontal zone.
A horizontal zone is hereby established
beneath the horizontal surface at the airport which is a plane one
hundred fifty (150) feet above the established airport elevation,
the perimeter of which is constructed by swinging arcs of ten thousand
(10,000) feet radii from the center of each end of the primary surface
and connecting the adjacent arcs by lines tangent to those arcs.
(4)
Transitional zones.
Transitional zones are hereby established
beneath the transitional surfaces at the airport. Transitional surfaces,
symmetrically located on either side of the runway, have variable
widths as shown on the Houston Executive Airport Hazard Zoning Map
prepared by Garver Engineers, dated May 2008, which is incorporated
in and made a part of this article. Transitional surfaces extend outward
perpendicular to the runway centerline and the extended runway centerline
from the periphery of the primary surface and the approach surfaces
to where they intersect the horizontal surface. Where the precision
instrument runway approach surface projects through and beyond the
conical surface, there are hereby established transitional zones beginning
at the sides of and at the same elevation as the approach surface
and extending for a horizontal distance of five thousand (5,000) feet
as measured perpendicular to the extended runway centerline.
(1999 Code, sec. 12.404)
Except as otherwise provided in section 14.03.008 of this article, no structure shall be erected, altered, or replaced and no tree shall be allowed to grow in any zone created by this article to a height in excess of the applicable height limitations herein established for such zone except as provided in subsection (5) of this section. Such applicable height limitations are hereby established for each of the zones in question as follows:
(1)
Approach zones.
Slopes one (1) foot in height for each
40 feet in horizontal distance beginning at the end of and at the
same elevation as the primary surface and extending to a point 50,000
feet beyond the end of the primary surface.
(2)
Conical zone.
Slopes one (1) foot in height for each
twenty (20) feet in horizontal distance beginning at the periphery
of the horizontal zone and at one hundred fifty (150) feet above the
airport elevation and extending to a height of three hundred fifty
(350) feet above the airport elevation, or to a height of 518 feet
above mean sea level.
(3)
Horizontal zone.
Established at one hundred fifty (150)
feet above the airport elevation, or at a height of 318 feet above
mean sea level.
(4)
Transitional zones.
Slope one (1) foot in height for
each seven (7) feet in horizontal distance beginning at the sides
of and at the same elevations as the primary surface and the approach
surfaces.
(5)
Excepted height limitation.
Nothing contained in this
article shall be construed as prohibiting the growth, construction,
or maintenance of any structure or tree to a height of up to fifty
(50) feet above the surface of the land at its location.
(1999 Code, sec. 12.405)
Except as provided in section 14.03.007 of this article, no use may be made of land or water within any zone established by this article in such a 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 and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create potential bird strike hazards, or otherwise in any way endanger or interfere with the landing, taking off, or maneuvering of aircraft intending to use the airport.
(1999 Code, sec. 12.406)
(a)
Nonconforming uses.
Nothing contained in this article
shall be construed as requiring changes in or interference with the
continuance of any nonconforming use of land.
(b)
Nonconforming structures.
Nothing contained in this
article shall be construed as to require the removal, lowering, or
other change to any existing nonconforming structure, including all
phases or elements of a multiphase structure the construction of which
was begun prior to the effective date of this article and is diligently
prosecuted.
(c)
Nonconforming trees.
Nothing in this article shall be construed as to require the removal, lowering, or other change to any nonconforming tree. However, any nonconforming tree which grows to a greater height than it was as of the effective date of this article is subject to the provisions of this article as described in section 14.03.005 hereinabove.
(1999 Code, sec. 12.407)
(a)
Permits.
Any person who desires to replace, rebuild,
substantially change, or repair a nonconforming structure or replace
or replant a nonconforming tree must apply for and receive a permit,
and the permit shall be granted. However, no permit shall be granted
which would allow the establishment of an airport hazard or allow
a nonconforming structure or tree to exceed its original height or
become a greater hazard to air navigation than it was at the time
of the adoption of this article. Applications for permits shall be
applied to and issued by the administrative agency.
(b)
Variances.
Any person who desires to erect, substantially change, or increase the height of any structure or establish or allow the growth of any tree which would exceed the height limitations set forth in section 14.03.005 of this article or change the use of property in such a way as to create a hazardous condition as described in section 14.03.006 of this article must apply to the board of adjustment and receive a variance. The application for variance must be accompanied by a determination from the Federal Aviation Administration under 14 CFR part 77 as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in practical difficulty or unnecessary hardship and the granting of relief would result in substantial justice, not be contrary to the public interest, and be in accordance with the spirit of this article.
(c)
Requirements and reasonable conditions.
(1)
Any permit granted may, at the discretion of the administrative agency,
impose a requirement to allow the installation and maintenance of
any markers or lights as may be necessary to indicate to flyers the
presence of an airport hazard.
(2)
Any variance granted may, at the discretion of the board of adjustment,
impose any reasonable conditions as may be necessary to accomplish
the purpose of this article.
(1999 Code, sec. 12.408)
(a)
The joint airport board of adjustments is hereby designated as the
board of adjustment for the purposes of this article and shall have
and exercise the following powers:
(1)
To hear and decide appeals from any order, requirement, decision,
or determination made by the administrative agency in the administration
or enforcement of this article;
(2)
To hear and decide special exceptions to the terms of this article
when the board is required to do so; and
(3)
To hear and decide specific variances.
(b)
The board of adjustment shall be comprised of five (5) members and
shall adopt rules for its governance and procedure in harmony with
the provisions of this article. Meetings of the board of adjustment
shall be held at the call of the chairman and at such times as the
board of adjustment may determine. The chairman, or in his/her 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 any member is absent
or fails 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 board of adjustment or in the office
of administrative agency. All such records shall be public records.
(c)
The board of adjustment shall make written findings of fact and conclusions
of law stating the facts upon which it relied when making its legal
conclusions in reversing, affirming, or modifying any order, requirement,
decision, or determination which comes before it under the provisions
of this article.
(d)
The concurring vote of four (4) members of the board of adjustment
shall be necessary to reverse any order, requirement, decision, or
determination of the administrative agency, to decide in favor of
the applicant on any matter upon which it is required to pass under
this article, or to effect any variance to this article.
(1999 Code, sec. 12.409)
(a)
Any person aggrieved or any taxpayer affected by a decision of the
administrative agency made in the administration of this article may
appeal to the board of adjustment if that person or taxpayer is of
the opinion that a decision of the administrative agency is an improper
application of this article. This same right of appeal is extended
to each administrative agency.
(b)
All appeals hereunder must be taken within a reasonable time as provided
by the rules of the board of adjustment by filing a notice of appeal
with the board of adjustment and the administrative agency specifying
the grounds for the appeal. The administrative agency shall forthwith
transmit to the board of adjustment all papers constituting the record
upon which the action appealed was taken.
(c)
An appeal shall stay all proceedings in furtherance of the action
appealed unless the administrative agency certifies in writing to
the board of adjustment that, by reason of the facts stated in the
certificate, a stay would, in the opinion of the administrative agency,
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 administrative agency and on due cause shown.
(d)
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, by agent, and/or by attorney.
(e)
The board of adjustment may reverse or affirm, in whole or in part,
or modify the administrative agency's order, requirement, decision,
or determination from which an appeal is taken and make the correct
order, requirement, decision, or determination, and for this purpose
the board of adjustment has the same authority as the administrative
agency.
(1999 Code, sec. 12.410)
Any person aggrieved or any taxpayer affected by a decision
of the board of adjustment may present to a court of record a petition
stating that the decision of the board of adjustment is illegal and
specifying the grounds of the illegality as provided by and in accordance
with the provisions of Texas Local Government Code, section 241.041.
This same right of appeal is extended to each administrative agency.
(1999 Code, sec. 12.411)
The joint airport safety board and each jurisdictional entity
may institute in a court of competent jurisdiction an action to prevent,
restrain, correct, or abate any violation of this article or of any
order or ruling made in connection with their administration or enforcement,
including, but not limited to, an action for injunctive relief.
(1999 Code, sec. 12.412)
Where there exists a conflict between any of the regulations
or limitations prescribed herein and any other regulation applicable
to the same area, whether the conflict be with respect to the height
of structures or trees, the use of land, or any other matter, the
more stringent limitation or requirement shall control.
(1999 Code, sec. 12.413)
