No person shall use the airport for carrying on of commercial activities, for the carrying for hire of passengers, freight, express or mail, for instruction in aviation in any of its branches, for the sale of fuels, refreshments, or any commodity, or for any other commercial purpose, unless approved by a written permit from the governing body or its duly authorized agent.
(Ordinance adopted 6/1/61, sec. 1)
(a) 
Federal.
The federal air traffic rules promulgated by the Federal Aviation Administration for observance by aircraft operated anywhere in the United States, and presently or hereafter effective, are hereby referred to, adopted and made a part hereof as though fully set forth and incorporated herein. For the convenience of the airmen, the city secretary and the airport manager shall each endeavor to always have on file in their respective offices a copy of said air traffic rules.
(b) 
Damage to airport.
Any person, including the owner of any aircraft, causing damage of any kind to the airport, whether through violation of any of these rules or through any act of negligence, shall be liable therefor to the city.
(c) 
Injury to person.
Any person going upon the grounds of the municipal airport, or using it for any purpose, shall do so at his own risk, to person and property; and shall hold the city harmless for and on account of any injury or damage to person or property suffered thereby. Such person shall be bound by and obey all the rules and regulations concerning and pertaining to the airport.
(d) 
Licensed pilots.
Only aircraft and airmen licensed by the Federal Aviation Administration shall operate upon or over the municipal airport; provided, this limitation shall not apply to students in training under licensed instructors nor to public aircraft of the Federal government or of a state, territory or political subdivision thereof, or to aircraft licensed by a foreign government with which the United States has a reciprocal agreement covering the operation of such licensed aircraft.
(e) 
Registration.
Every person stationed, employed, receiving instructions or operating upon the municipal airport shall register at the office of the airport manager, shall give his name, address, telephone number and the nature of his business or occupation. Identification numbers of all aircraft hangared at the municipal airport shall be registered at the office of the airport manager.
(f) 
Use of another’s property.
Unless authorized by the owner in writing, the use of any aircraft, parts, equipment, accessories or tools of another, situated on said airport, is forbidden.
(g) 
Intoxicants and narcotics forbidden.
No person under the influence of an intoxicant or narcotic shall operate or fly in any aircraft upon or over the municipal airport. Provided such inhibition shall not apply to a passenger when accompanied by a nurse or caretaker in an aircraft apart from the pilot.
(h) 
Lien for charges.
To enforce the payment of any charge made for repairs, improvements, storage or care of any personal property, made or furnished by the city or its agents, in connection with the operation of the municipal airport, the city shall have a lien upon such personal property, which shall be enforceable as provided by law.
(i) 
Lien possessory right.
To enforce the payment of any such charge, the airport manager may retain possession of such personal property until all reasonable, customary and usual compensation shall have been paid in full.
(j) 
Wrecked aircraft.
Every aircraft owner, his pilot and agents, shall be responsible for the prompt removal, under the direction of the airport manager, of wrecked aircraft.
(k) 
Repairs to aircraft.
No aircraft shall be repaired on any part of the landing or takeoff area, and all repairs shall be made at the places designated by the airport manager for such purpose.
(l) 
Takeoff periods.
Unless approved by the airport manager, the airport shall be closed to any takeoff during the time the beacon light is in operation during daylight hours, and, if at any time the ceiling is below seven hundred (700) feet and the visibility is under one (1) mile, the airport manager may deny clearance to any aircraft.
(m) 
Glass.
No bottle or glass shall be left or broken upon the floor of any building or upon any part of the surface area of the airport.
(n) 
Altitude and noise of engines.
No aircraft shall be operated over the city at an altitude of less than two thousand (2,000) feet above the ground. Aircraft engines shall not be accelerated or decelerated while over the city in such manner as to distract, excite or disturb persons on the ground, regardless of altitude.
(Ordinance adopted 6/1/61, sec. 2, Rules 1–14)
(a) 
Ground vehicular traffic.
All ground vehicular traffic shall be confined to the roads, streets, avenues and alleys provided on the grounds for that purpose, and shall not be operated at a speed in excess of twenty (20) miles per hour.
(b) 
Parking aircraft.
Aircraft shall not be parked on or within two hundred (200) feet of any part of the landing or takeoff area of the airport; and all unhoused aircraft shall be parked in the space designated by the airport manager for that purpose.
(c) 
Gassing.
All aircraft shall be gassed on the parking ramp clear of hangars.
(d) 
Taxiing in hangars.
There shall be no taxiing of aircraft by motor power into or out of hangars.
(e) 
Takeoffs on apron, etc.
No takeoffs or landings shall be made on the apron or parking ramp, except on special permission of the airport manager. All aircraft shall be taxied out from and into the parking ramp on the right side of the taxi strips.
(f) 
Takeoffs allowed.
Takeoffs will be allowed from the intersection of the runways at the pilot’s discretion; also touch-and-go landings may be made at the discretion of the pilot. All aircraft shall “clear” for incoming and take-off traffic before taxiing into take-off position.
(g) 
Takeoff climb.
On takeoff all aircraft shall climb straight out to a level of four hundred (400) feet, clear airport boundary and execute a ninety (90) degree turn to the left. To leave traffic, the aircraft shall climb to five hundred (500) feet before executing a forty-five (45) degree climbing turn to the right out of traffic.
(h) 
Traffic flow.
All aircraft landing at the municipal airport shall fly a standard left-hand traffic pattern at an altitude of at least eight hundred (800) feet above the ground. Pattern entry shall be made at an angle of forty-five (45) degrees to the active runway with the runway to the pilot’s left at all times. Entry shall be made at the midpoint of either the upwind or downwind leg.
(i) 
Clearing street.
No aircraft shall land or take off in such manner as to clear any public street or highway at an altitude of less than one hundred (100) feet, nor land or take off on the taxiway or over hangars or other structures, automobile parking areas or groups of spectators.
(j) 
Pattern on approach.
Any aircraft within three (3) miles of the airport at an altitude of less than one thousand five hundred (1,500) feet above the ground shall conform to the counterclockwise flow of traffic. All aircraft shall establish their pattern altitude before entering the traffic pattern and shall not deviate from this altitude, except in an emergency, until descent for landing is necessary.
(k) 
Taxiing precautions.
All aircraft shall be taxied at a slow and reasonable speed, and if not equipped with adequate brakes shall have an attendant beside at least one wing, when taxiing in the vicinity of a hangar or other building.
(l) 
Taxiing to a stop.
Aircraft shall be brought to a complete stop, when in the vicinity of aircraft either landing or taking off.
(m) 
Straight-in approaches.
Straight-in approaches shall not be used unless authorized by the airport manager or unless radio contact with the airport advisory radio has been established from at least five (5) miles out. Aircraft which find it dangerous or difficult to conform to the standard pattern due to their high speed or other special characteristics may fly a circular counterclockwise pattern with a radius of not more than three (3) miles and at an altitude of not more than one thousand (1,000) feet above the ground.
(n) 
Common courtesy.
The exercise of common courtesy is expected of all pilots in traffic pattern work on the airport.
(Ordinance adopted 6/1/61, sec. 2, Rules 15–28)
(a) 
If not equipped with adequate brakes, the engine shall not be started in an aircraft until and unless the wheels have been set with blocks attached to ropes or other suitable means for removing them.
(b) 
No engine shall be started or run unless a competent operator is at the controls of the aircraft; and no engine shall be started or run inside any building.
(c) 
No engine shall be started, run or warmed up until and unless the aircraft is in such position that the propeller stream will clear all buildings and groups of people in the observation areas and path of the aircraft.
(Ordinance adopted 6/1/61, sec. 2, Rules 29–31)
(a) 
Every person going upon or using the airport or its facilities in any manner shall exercise the greatest care and caution to avoid and prevent fire.
(b) 
Aircraft shall not be fueled while the engine is running or while in a hangar or other enclosed place. Fueling shall be done in such a manner and with such equipment that adequate connections for grounding static electricity shall be continuously maintained during the operation.
(c) 
Compressed flammable gas shall not be kept or stored upon the airport, except at such place as may be designated by the airport manager.
(d) 
No flammable substance shall be used in cleaning motors or other parts of an aircraft inside a hangar or other building. Flammable liquids may be only used for the purpose stated outside of and clear of any building.
(e) 
No person shall smoke, ignite a match or lighter in any building, except in offices, waiting rooms or buildings where specially permitted by the airport manager.
(f) 
Hangar entrances shall be kept clear at all times.
(g) 
The floors in all buildings shall be kept clean and free from oil; and no volatile, flammable substance shall be used for cleaning the floors.
(h) 
No boxes, crates, cans, bottles, paper or other litter shall be permitted to accumulate in or about a hangar.
(Ordinance adopted 6/1/61, sec. 2, Rules 32–39)
(a) 
Instructors in flying shall inform students and shall inform themselves of all rules and regulations in effect at the airport.
(b) 
By notices posted in his office, the airport manager may designate limited areas of the airport for practice flying by and training of students.
(c) 
Aircraft shall not be permitted to remain on the landing or take-off areas for the purpose of instructing students.
(d) 
The airport manager may, in the interest of safety, designate special traffic procedures for certain operations, such as air shows, agricultural operations, etc.
(Ordinance adopted 6/1/61, sec. 2, Rules 40–43)
By publication of this article as required by law, all persons will be deemed to have knowledge of its contents. However, the airport manager is directed to have copies printed and at all times available in his office, and to furnish such copies to owners and operators of aircraft using the airport.
(Ordinance adopted 6/1/61, sec. 2, Rule 44)
If and where there is conflict in these and the federal air traffic rules, the latter shall prevail.
(Ordinance adopted 6/1/61, sec. 2, Rule 45)
Any person operating or handling an aircraft in violation of any of these rules or refusing to comply therewith, may, at once, be ejected from the airport, or may for any period of time, not exceeding fifteen (15) days, be “grounded” by the airport manager, and, upon hearing by the governing body, may be deprived of the further use of the airport and its facilities for such period of time as may appear necessary for the protection of life and property. Provided that where any such penalty has been imposed, there shall be no prosecution for such violation.
(Ordinance adopted 6/1/61, sec. 3)
[1]
Editor’s note(s)–Sections 2-14 of an ordinance enacted March 10, 1983, not specifically amendatory of the Code, have been codified as superseding the provisions of secs. 2–13 of an ordinance enacted June 3, 1971, which provisions were formerly codified as secs. 3-20, 3-25–3-37.
As used in this article, unless the context otherwise requires, the following terms shall have the respective meanings ascribed to them in this section:
Airport:
Brenham Municipal Airport.
Airport elevation:
The established elevation of the highest point on the usable landing area measured in feet from mean sea level.
Airport hazard:
Any structure or tree or use of land which obstructs the air space required for the flights of aircraft or which obstructs or interferes with the control or tracking and/or data acquisition in the landing, taking off or flight at an airport, or at any installation or facility relating to flight, and tracking and/or data acquisition of the flightcraft; hazardous, interfering with or obstructing such landing, taking off or flight of aircraft or which is hazardous to or interferes with tracking and/or data acquisition pertaining to flight and flight vehicles.
Airport hazard area:
Any area of land or water upon which an airport hazard might be established if not prevented as provided in this article.
Airport reference point:
The point established as the approximate geographic center of the airport landing area and so designated.
Approach surface:
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in this article. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
Approach, transitional, horizontal, and conical zone:
These zones are set forth in section 3-33 of this article.
Board of adjustment:
A board consisting of five (5) members appointed by the city council of the City of Brenham, Texas, as provided by Article 46e-10, Texas Revised Civil Statutes Annotated (1969).
Conical surface:
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of four thousand (4,000) feet.
Hazard to air navigation:
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
Height:
For the purpose of determining the height limits in all zones set forth in this article and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
Horizontal surface:
A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
Joint airport zoning board:
A board consisting of five (5) members, two (2) members appointed by the city council of the City of Brenham, and two (2) members appointed by the Commissioner’s Court of Washington County, Texas. The four (4) members so appointed shall elect a fifth member who shall serve as chairman.
Landing area:
The surface area of the airport used for the landing, take-off or taxiing of aircraft.
Nonconforming use:
Any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this article or an amendment thereto.
Nonprecision instrument runway:
A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
Obstruction:
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in this article.
Person:
An individual, firm, partnership, corporation, company, association, joint stock association or body politic, and includes trustee, receiver, assignee, administrator, executor, guardian or other representative.
Primary surface:
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (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 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 center line. The width of a primary surface is seventy-five (75) feet. For other than utility runways the width is:
(a) 
Five hundred (500) feet for visual runways having only visual approaches.
(b) 
Five hundred (500) for nonprecision instrument runways having visibility minimums greater than three-fourths statute mile.
Runway:
A defined area on an airport prepared for landing and take-off of aircraft along its length.
Structure:
An object, including a mobile object, constructed or installed by man, including, but not limited to, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
Transitional surfaces:
These surfaces extend outward at ninety (90) degree angles to the runway center line and the runway center line 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.
Tree:
Any object of natural growth.
Visual runway:
A runway intended solely for the operation of aircraft using visual approach procedures.
Utility runway:
A runway that is constructed for and intended to be used by propeller-driven aircraft twelve thousand five hundred (12,500) pounds maximum gross weight and less.
(Ordinance adopted 3/10/83, sec. 2)
(a) 
Created; powers and duties.
Subject to like provisions being made by the Commissioner’s Court of Washington County, Texas, by proper order, duly promulgated and entered on their minutes, and as authorized by the provisions of the Airport Zoning Act, Texas Local Government Code, secs. 241.00 et seq., there is hereby created a joint airport zoning board, to be known as the Brenham-Washington County Joint Airport Zoning Board, which shall have the powers and exercise the duties set forth in Texas Local Government Code, sec. 241.014.
(b) 
Composition of board; appointment of members.
The Brenham-Washington County Joint Airport Zoning Board shall be composed of five (5) members, two (2) members to be appointed by the city council and two (2) members to be appointed by the Commissioner’s Court of Washington County, Texas. The fifth member shall be elected by a majority of the members so appointed and said fifth member shall serve as chairman of the City of Brenham-Washington County Joint Airport Zoning Board.
Editor’s note(s)–An ordinance enacted on Jan. 11, 1983, repealed an ordinance enacted Feb. 17, 1964, secs. 1–4, which has been included herein as secs. 3-21–3-24. Said sections were also derived from an ordinance of Feb. 20, 1950, secs. 1–4. A second ordinance of Jan. 11, 1983, enacted similar provisions which have been included herein, at the editor’s discretion, as a new sec. 3-21.
(Ordinance adopted 1/11/83, secs. 1, 2; Ordinance adopted 6/7/01, secs. 1, 2)
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 Brenham Airport Zoning Commission in the enforcement of this article;
(2) 
To hear and decide special exceptions to the terms of this article upon which such board of adjustment under regulations may be required to pass;
(3) 
To hear and decide specific variances.
(Ordinance adopted 3/10/83, sec. 9(1); Ordinance adopted 11/19/98, sec. 1)
The board of adjustment shall consist of five (5) members appointed by the city council and each shall serve a term of two (2) years and be removable for cause by the appointment authority upon written charges, after a public hearing.
(Ordinance adopted 3/10/83, sec. 9(2))
(a) 
The board of adjustment 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 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 city secretary and shall be a public record.
(b) 
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 provisions of this article.
(c) 
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 Brenham Airport Zoning Commission or to decide in favor of the applicant on any matter upon which it is required to pass under this article, or to effect any variation in this article.
(Ordinance adopted 3/10/83, sec. 9(3)–(5); Ordinance adopted 11/19/98, sec. 1)
(a) 
It shall be the duty of the Brenham Airport Zoning Commission to administer and enforce the regulations prescribed herein. Applications for permits shall be made to the Brenham Airport Zoning Commission upon a form published for that purpose. Applications required by this article to be submitted to the airport zoning commission shall be promptly considered and granted or denied. Applications for variances shall be made to the board of adjustment by first filing said application for variance with the airport zoning commission which shall forthwith transmit said application to the board of adjustment for determination.
(b) 
The city council may institute in any court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of this article/order or of any order or ruling made in connection with its administration or enforcement including, but not limited to, an action for injunctive relief as provided by the Airport Zoning Act.
(Ordinance adopted 3/10/83, secs. 8, 12; Ordinance adopted 11/19/98, sec. 1)
(a) 
Any person aggrieved, or any taxpayer affected, by any decision of the Brenham Airport Zoning Commission made in its administration of this article, if of the opinion that a decision of the Brenham Airport Zoning Commission is an improper application of these regulations, may appeal to the board of adjustment.
(b) 
All appeals hereunder must be taken within a reasonable time as provided by the rules of the board of adjustment, by filing with the Brenham Airport Zoning Commission a notice of appeal specifying the grounds thereof. The airport zoning commission shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.
(c) 
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the airport zoning commission certifies 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 the opinion of airport zoning commission, 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 airport zoning commission and 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 or by agent or by attorney.
(e) 
The board of adjustment may, in conformity with the provision of this article, 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 be appropriate under the circumstances.
(Ordinance adopted 3/10/83, sec. 10; Ordinance adopted 11/19/98, sec. 1)
Any person aggrieved, or any taxpayer affected, by any decision of the board of adjustment, may appeal to a court of competent jurisdiction, as provided by the Airport Zoning Act.
(Ordinance adopted 3/10/83, sec. 11)
Each violation of this article or any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and upon conviction shall be punishable by a fine of not more than two hundred dollars ($200.00) and each day a violation continues to exist shall constitute a separate offense.
(Ordinance adopted 3/10/83, sec. 12)
Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations 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 govern and prevail.
(Ordinance adopted 3/10/83, sec. 14)
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, transition surfaces, horizontal surfaces and conical surfaces as they apply to the Brenham Municipal Airport. Such zones are shown on zoning map consisting of one sheet, prepared by the Texas Aeronautics Commission, Austin, Texas, and dated December 10, 1982, which is attached to this article and made a part hereof. 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:
(a) 
Approach zones:
(1) 
Runway 16.
An approach zone is established beneath the approach surface at the end of Runway 16 on the municipal airport for nonprecision instrument landings and take-offs. The inner edge of the approach zone shall have a width of five hundred (500) feet which coincides with the width of the primary surface at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet beyond each end of the primary surface, its center line being the continuation of the center line of the runway.
(2) 
Runway 34.
An approach zone is established beneath the approach surface at the end of Runway 34 on the municipal airport for visual landings and take-offs. The inner edge of the approach zone shall have a width of the primary surface at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of one thousand five hundred (1,500) feet at a horizontal distance of five thousand (5,000) feet beyond each of the primary surface. Its center line being the continuation of the center line of the runway.
(b) 
Transition zones.
Transition zones are hereby established beneath the transition surface adjacent to each runway and approach surface as indicated on the zoning map. Transition surfaces, symmetrically located on either side of runways, have variable widths as shown on the zoning map. Transitional surfaces extend outward and upward at right angles to the runway center line and the runway center line extended at a slope of 7 to 1 from the sides of approach surfaces.
(c) 
Horizontal zone.
The area beneath a horizontal 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 of Runway(s) 16 and 34 and connecting the adjacent arcs by lines tangent to those arcs.
(d) 
Conical zones.
Slopes twenty (20) feet outward for each foot upward 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.
(Ordinance adopted 3/10/83, sec. 3(1)–(4))
Nothing in this article shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to fifty (50) feet above the surface of the land.
(Ordinance adopted 3/10/83, sec. 3(5))
Notwithstanding any other provisions 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 communication 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 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.
(Ordinance adopted 3/10/83, sec. 5)
(a) 
Regulations not retroactive.
The regulations prescribed of this article shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this article, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained 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 article, and is diligently prosecuted.
(b) 
Marking and lighting.
Notwithstanding the preceding provision of this section, the owner of any 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 Brenham Airport Zoning Commission 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.
(Ordinance adopted 3/10/83, sec. 6; Ordinance adopted 11/19/98, sec. 1)
(a) 
Future uses.
Except as specifically provided in subsections (1) and (2), hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined 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. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with paragraph (d) of this section:
(1) 
In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
(2) 
In areas lying within the limits of the approach zones, but at a horizontal distance of not less than four thousand two hundred (4,200) feet from each end of the runway, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this article, except as set forth in paragraph (d) of this section.
(b) 
Existing uses.
No permit shall be granted that would allow the establishment or creation of any airport hazard or permit a nonconforming use, structure or tree to be made or become higher, or become a greater hazard to air navigation, than it was on the effective date of this article 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.
(c) 
Nonconforming uses abandoned or destroyed.
Whenever the Brenham Airport Zoning Commission determines that a nonconforming structure or tree has been abandoned or more than eighty (80) per cent 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.
(d) 
Variances.
Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property in violation of the regulations prescribed in this article may apply to the board of adjustment for a variance from such regulations in question. The application for variance shall be accompanied by a determination from the Federal Aviation Administration 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 these regulations will result in unnecessary hardship and the relief granted would not be contrary to the public interest, but do substantial justice, and be in accordance with the spirit of this article. Additionally, no application for variance to the requirements of this article may be considered by the board of adjustment unless a copy of the application has been furnished to the Brenham-Washington County Joint Airport Zoning Board for advice as the aeronautical effects of the variance. If the Brenham-Washington County Airport Zoning Board does not respond to the application within fifteen (15) days after receipt, the board of adjustment may act on its own to grant or deny said application.
(e) 
Obstruction marking and lighting.
Any permit or variance granted may, if such action is deemed advisable by the municipal airport advisory board or the board of adjustment to effectuate the purpose of this article and be reasonable in the circumstance, be so conditioned as to require the owner of the structure or tree in question to allow the City of Brenham to install, operate and maintain, at the expense of the city, such marking and lights as may be necessary.
(Ordinance adopted 3/10/83, sec. 7; Ordinance adopted 11/19/98, sec. 1)