This Chapter shall be known and may be cited as the Airport
Height Hazard and Land Use Zoning Regulations for Midland International
Airport and Midland Airpark of the City of Midland Municipal Code.
(Ordinance 9302, sec. 2, adopted 8/12/14)
To ensure compliance with federal law and regulations governing
public safety and compatible land uses around commercial airports
and around authorized launch sites for reusable launch vehicles; to
regulate and restrict the height of structures and objects of natural
growth; and otherwise to regulate the use of property in the vicinity
of the Midland International Airport or Midland Airpark by creating
appropriate zones and establishing the boundaries thereof; to protect
public safety by restricting incompatible land uses in the vicinity
of Midland International Airport or Midland Airpark by creating appropriate
zones and establishing the boundaries thereof; to provide for restrictions
on use and development of property within such zones and the enforcement
of such restrictions; to define certain terms used herein; to refer
to the Midland International Airport Hazard Zoning Map, Midland International
Airport Compatible Land Use Zoning AOZ-1, AOZ-2 and AOZ-3 Map, the
Midland Airpark Hazard Zoning Map, and the Midland Airpark Compatible
Land Use Zoning Map, all dated June 2014, and the Midland International
Airport Compatible Land Use Zoning AOZ-4 Map dated April 2023, which
are collectively incorporated by reference and made a part of this
Chapter as if fully set forth herein; to provide for a board of adjustment;
and to impose penalties.
(Ordinance 9302, sec. 2, adopted 8/12/14; Ordinance
10459 adopted 12/12/2023)
This Chapter is adopted pursuant to the authority conferred
by the Airport Zoning Act, as codified in Texas Local Government Code,
§§ 241.001 et seq. The City of Midland operates the Midland
International Airport and Midland Airpark for public use such that
the Airport and Airpark each fulfills an essential community purpose.
(Ordinance 9302, sec. 2, adopted 8/12/14)
As used in this Chapter, unless the context otherwise requires,
capitalized terms shall have the following meaning:
A.
Administrative Agency:
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 11-11-5 of this Chapter.
B.
Aircraft:
Any device that is used or intended
to be used for flight in the air, so long as such device is permitted
to operate at an airport certificated by the Federal Aviation Administration
under 14 Code of Federal Regulations Part 139 or at a site licensed
by the Federal Aviation Administration to operate as a launch site
under 14 Code of Federal Regulations Part 420.
C.
Airport:
The Midland International Airport,
Midland, Texas or Midland Airpark, Midland, Texas; including the ultimate
development of such facilities, and all lands, buildings and other
improvements owned, controlled, leased, or operated and maintained
by the City of Midland appurtenant thereto.
D.
Airport elevation:
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 the Midland International Airport is 2,872 feet above
MSL and the Airport Elevation of the Midland Airpark is 2,804 feet
above MSL.
E.
Airport hazard:
Any structure or object of
natural growth that obstructs the air space required for the taking
off, landing, and flight of Aircraft or that interferes with visual,
radar, radio, or other systems for tracking, acquiring data relating
to, monitoring, or controlling aircraft.
F.
Airport Zoning Commission:
The City of Midland
Planning and Zoning Commission.
G.
Approach surface:
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 11-11-7 of this Chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
H.
Approach, conical, horizontal, and transitional zones:
The zones set forth in Section 11-11-6 of this Chapter.
I.
Board of Adjustment:
A board so designated by this Chapter as provided in the Texas Airport Zoning Act, codified at Texas Local Government Code §241.032. Provisions for the Board of Adjustment are set forth in Section 11-11-12 of this Chapter.
J.
Compatible land use:
Any use of land adjacent
to or in the immediate vicinity of the airport that does not endanger
the health, safety, or welfare of the owners, occupants, or users
of the land because of levels of noise or vibrations or the risk of
personal injury or property damage created by the operations of the
airport, including the taking off and landing of aircraft.
K.
Conical Surface:
A surface extending outward
and upward from the periphery of the horizontal surface at a slope
of 20 feet horizontally for each one foot vertically for a horizontal
distance of 4,000 feet.
L.
Controlled compatible land use area:
An area
of land located outside the airport boundaries and within a rectangle
bounded by lines located no farther than 1½ statute miles from
the centerline of an instrument or primary runway and lines located
no farther than five statute miles from each end of the paved surface
of an instrument or primary runway.
M.
DNL (yearly day-night average sound level):
The 24-hour average sound level, in decibels, for the period from
midnight to midnight obtained after the addition of ten decibels for
the periods between midnight and 7:00 a.m. and between 10:00 p.m.
and midnight (local time) as averaged over a span of one year. A mathematical
definition of DNL may be found in Title 14 Code of Federal Regulations,
Section 150.201.
N.
Hazard to air navigation:
An obstruction or
use of land determined to have a substantial adverse effect on the
safe and efficient utilization of navigable airspace.
O.
Height:
For the purpose of determining the
height limits in all zones set forth in this Chapter and shown on
the hazard zoning map, the datum shall be height above mean sea level
(MSL) elevation as measured in feet.
P.
Horizontal surface:
A horizontal plane one
150 feet above the established airport elevation.
Q.
Instrument runway:
An existing or planned runway
of at least 3,200 feet in length for which there is an existing or
planned instrument landing procedure published by the Federal Aviation
Administration or a defense agency of the federal government.
R.
Noise level reduction (NLR):
The amount of
reduction in noise for any given point as achieved through the incorporation
of noise attenuation measures incorporated into the design and construction
of buildings. These reductions may be incorporated during initial
construction or as additional construction for existing buildings.
S.
Nonconforming use, structure, or tree:
Any structure, tree, or use of land which is inconsistent with the provisions of this Chapter and which is existing as of the effective date of this Chapter. This definition is for purposes of this Chapter only. The definition of nonconforming use found at Section 11-1-4.08 of this Code does not apply to areas zoned under the authority of the Texas Zoning Airport Zoning Act, which are outside the territorial jurisdiction of the City of Midland.
T.
Nonprecision instrument runway:
Runway(s) having
an instrument approach procedure utilizing air navigation facilities
with only horizontal guidance or area type navigation equipment, for
which nonprecision instrument approach procedures have been planned
or approved.
U.
Obstruction:
Any structure, tree, or other object, including a mobile object, which exceeds a limiting height set forth in Section 11-11-7 of this Chapter or is an airport hazard.
V.
Other than utility runway:
A runway designed
for and intended to be used by propeller driven aircraft of more than
12,500 pounds maximum gross weight and jet powered aircraft.
W.
Person:
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.
X.
Precision instrument runway:
Runway(s) having
an existing or planned instrument approach procedure utilizing an
instrument landing system (ILS) or other air navigation facilities
or equipment which provides both horizontal and vertical guidance.
This also includes a runway for which a precision instrument approach
procedure has been approved or planned.
Y.
Primary runway:
An existing or paved runway
of at least 3,200 feet in length as shown on the official airport
layout plan for the airport and on which a majority of the approaches
to and departures from the airport occur.
Z.
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 ultimate end of that
runway. The width of the primary surface of a runway will be that
width prescribed in the Federal Aviation Regulations (FAR) at Title
14, Code of Federal Regulations Part 77, 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 nearest point
on the existing or ultimate runway centerline.
The width of a primary surface for other than utility runway
is 1,000 feet for precision instrument runways and 1,000 feet for
a nonprecision instrument runway having a nonprecision instrument
approach with visibility minimums as low as three-fourths of a statute
mile.
AA.
Runway:
A defined area on the Airport prepared
for the landing and taking off of aircraft along its length.
BB.
Structure:
An object, including a mobile object,
constructed or installed by one or more persons including, but not
limited to, buildings, towers, cranes, smokestacks, poles, earth formations,
overhead transmission lines, and traverse ways. Traverse ways are
considered to be the heights set forth in Title 14 Code of Federal
Regulations, Part 77.23.
CC.
Transitional surfaces:
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 feet horizontally for each one 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 feet horizontally for each one foot vertically for a distance
of 5,000 feet measured horizontally from either edge of the approach
surface and perpendicular to the extended runway centerline.
(Ordinance 9302, sec. 2, adopted 8/12/14)
It shall be the duty of the Office of Code Administration Division
to administer and enforce the regulations prescribed herein. The Code
Administration Division is hereby designated as the Administrative
Agency of this Chapter.
(Ordinance 9302, sec. 2, adopted 8/12/14)
In order to carry out the provisions of this Chapter, there
are hereby created and established certain geographic 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. These surfaces are shown on the Midland International
Airport Hazard Zoning Map and the Midland Airpark Hazard Zoning Map,
each consisting of one (1) sheet, dated June 2014, which is hereby
attached to this Chapter 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)
Midland international airport.
Runway 16R/34L and Runway
10/28 (Precision Instrument Runways) Approach zones are hereby established
beneath the approach surfaces at each end of Runway 16R/34L and Runway
10/28 at Midland International Airport for precision instrument landings
and takeoffs. The approach surface shall have an inner edge width
of 1,000 feet, which coincides with the width of the primary surface,
at a distance of 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 each end of the primary surface. The centerline of the
approach surface is the continuation of the centerline of the runway.
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Runway 16L/34R (Nonprecision Instrument Runways visibility minimums
as low as ¾ mile). Approach zones are hereby established beneath
the approach surfaces at each end of Runway 16L/34R at Midland International
Airport for nonprecision instrument landings and takeoffs. The approach
surface shall have an inner edge width of 1,000 feet, which coincides
with the width of the primary surface, at a distance of 200 feet beyond
each runway end, widening thereafter uniformly to a width of 4,000
feet at a horizontal distance of 10,000 feet beyond each end of the
primary surface. The centerline of the approach surface is the continuation
of the centerline of the runway.
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Runway 4/22 (Nonprecision Instrument Runways visibility minimums
greater than ¾ mile). Approach zones are hereby established
beneath the Approach Surfaces at each end of Runway 4/22 at Midland
International Airport for nonprecision instrument landings and takeoffs.
The approach surface shall have an inner edge width of 500 feet, which
coincides with the width of the primary surface, at a distance of
200 feet beyond each runway end, widening thereafter uniformly to
a width of 3,500 feet at a horizontal distance of 10,000 feet beyond
each end of the primary surface. The centerline of the approach surface
is the continuation of the centerline of the runway.
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(2)
Midland airpark.
Runway 7/25 and Runway 16/34 (Nonprecision
Instrument Runways visibility minimums greater than ¾ mile).
Approach zones are hereby established beneath the Approach Surfaces
at each end of Runway 7/25 and Runway 16/34 at Midland Airpark for
nonprecision instrument landings and takeoffs. The approach surface
shall have an inner edge width of 500 feet, which coincides with the
width of the primary surface, at a distance of 200 feet beyond each
runway end, widening thereafter uniformly to a width of 3,500 feet
at a horizontal distance of 10,000 feet beyond each end of the primary
surface. The centerline of the approach surface is the continuation
of the centerline of the runway.
B.
Conical
zone:
A conical zone is hereby established beneath the
conical surface at the airport which extends outward and upward from
the periphery of the horizontal surface at a slope of 20:1 for a horizontal
distance of 4,000 feet.
C.
Horizontal
zone:
A horizontal zone is hereby established beneath
the horizontal surface at the airport which is a plane 150 feet above
the established airport elevation, the perimeter of which is constructed
by swinging arcs of 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.
D.
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 Midland International and Midland Airpark Airport Hazard Zoning
Maps. 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 at a slope of 7:1 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 5,000 feet as measured perpendicular
to the extended runway centerline.
(Ordinance 9302, sec. 2, adopted 8/12/14)
Except as otherwise provided in Section 11-11-11 of this Chapter, no structure shall be erected, altered, or replaced and no tree shall be allowed to grow in any height hazard zone as defined in Section 11-11-6 to a height in excess of the applicable height limitations set forth in this Section 11-11-7 The applicable height limitations for each height hazard zone are as follows:
A.
Approach
zones:
(1)
Midland international airport.
Runway 16R/34L and Runway
10/28 (Precision Instrument Runways): Slope one foot in height for
each 50 feet in horizontal distance beginning at the end of and at
the same elevation as the primary surface and extending to a point
10,000 feet from the end of the primary surface, and then rising one
foot in height for each 40 feet in horizontal distance for an additional
40,000 feet from the end of the primary surface.
Runway 16L/34R and Runway 4/22 (Nonprecision Instrument Runways):
Slope one foot in height for each 34 feet in horizontal distance beginning
at the end of and at the same elevation as the primary surface and
extending to a point 10,000 feet from the end of the primary surface.
(2)
Midland Airpark.
Runway 7/25 and Runway 16/34 (Nonprecision
Instrument Runways): Slope one foot in height for each 34 feet in
horizontal distance beginning at the end of and at the same elevation
as the primary surface and extending to a point 10,000 feet from the
end of the primary surface.
B.
Conical
zone:
Slopes one foot in height for each 20 feet in horizontal
distance beginning at the periphery of the horizontal zone and at
150 feet above the airport elevation and extending to a height of
350 feet above the airport elevation.
C.
Horizontal
zone:
Established at 150 feet above the airport elevation.
D.
Transitional
zones:
Slope one foot in height for each seven feet in
horizontal distance beginning at the sides of and at the same elevations
as the primary surface and the approach surface, and extending to
a height of 150 feet above the airport elevation. There are also established
height limits sloping one foot in height for each seven feet in horizontal
distance beginning at the sides of and at the same elevation as the
approach surface, and extending to where they intersect the conical
surface. Where the precision instrument runway approach zone projects
beyond the conical zone, there are established height limits sloping
one foot in height for each seven feet in horizontal distance beginning
at the sides of and at the same elevation as the approach surface,
and extending a horizontal distance of 5,000 feet perpendicular to
the extended runway centerline.
E.
Excepted
height limitation:
Nothing contained in this Chapter
shall be construed as prohibiting the growth, construction or maintenance
of any structure or tree to a height of up to 50 feet above the natural
surface of the land at its location.
(Ordinance 9302, sec. 2, adopted 8/12/14)
A.
Creation
of airport overlay zones (AOZs):
In order to carry out the provisions of this chapter, there are hereby created and established certain airport overlay zones for the purposes of regulating and promoting uses of land within each zone that do not endanger the health, safety, and general welfare of the owners, occupants, or users of the land because of noise or vibrations or the risk of personal injury or property damage created by the operations of the airport, including the taking off and landing of aircraft. Within the controlled compatible land use areas around Midland International Airport and the Midland Airpark, four AOZs are defined in this section 11-11-8. These zones are shown on the Midland Airpark Compatible Land Use Zoning Map and the Midland International Airport Compatible Land Use Zoning AOZ-1, AOZ-2 and AOZ-3 Map, each dated June 2014, and the Midland International Airport Compatible Land Use Zoning AOZ-4 Map dated April 2023. All four zones are used at Midland International Airport, while only three zones are used at the Midland Airpark. The AOZs are hereby defined and established as follows:
(1)
Airport Overlay Zone 1 (AOZ-1):
That portion of the
controlled compatible land use area between the 65 and 70 DNL contour
lines.
(2)
Airport Overlay Zone 2 (AOZ-2):
That portion of the
controlled compatible land use area between the 70 and 75 DNL contour
lines.
(3)
Airport Overlay Zone 3 (AOZ-3):
That portion of the
controlled compatible land use area between the 75 and 80 DNL contour
lines.
(4)
Airport Overlay Zone 4 (AOZ-4):
That portion of the
controlled compatible land use area designated as launch site safety
corridors.
B.
Permitted
uses:
All uses are permitted within each applicable AOZ
that are permitted by other existing zoning ordinances except as prohibited
or regulated by the zoning regulations in this Chapter. Where there
is a conflict between the AOZ restrictions and other zoning ordinances
or where there are no other existing zoning ordinances, the provisions
of the AOZ shall prevail. Where there is a conflict between the restrictions
in overlapping AOZs, the more restrictive provisions prevail.
C.
Prohibited
uses:
Table 1 attached to this Chapter enumerates land
uses that are prohibited or restricted within each AOZ.
Editor’s note(s)—Table 1 is not set
out herein but is available at the Office of the City Secretary.
(Ordinance 9302, sec. 2, adopted 8/12/14; Ordinance
10459 adopted 12/12/2023)
Except as provided in Section 11-11-10 of this Chapter, no use may be made of land or water within the controlled compatible land use area established by this Chapter 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 other lights, 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 wildlife attractants, or otherwise in any way endanger or interfere with the landing, taking off, or maneuvering of aircraft intending to use the airport.
(Ordinance 9302, sec. 2, adopted 8/12/14)
A.
Nonconforming
uses.
Nothing contained in this Chapter 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 Chapter shall be
construed as to require the removal, lowering, or other change to
any existing nonconforming structure or to require the lowering of
any phases or elements of a multiphase structure that received a determination
of no hazard by the Federal Aviation Administration under 14 Code
of Federal Regulations Part 77 before this Chapter was adopted, regardless
of whether actual construction on the multiphase Structure has commenced.
A nonconforming structure that received a determination of no
hazard by the Federal Aviation Administration under 14 C.F.R. Part
77 before this Chapter was adopted shall be considered in violation
of this ordinance immediately upon expiration or revocation of the
determination of no hazard by the Federal Aviation Administration
unless the property owner of a nonconforming use applies for and receives
a new determination of no hazard from the Federal Aviation Administration
prior to the expiration of any previous determination.
Temporary structures that received a determination of no hazard
by the Federal Aviation Administration under 14 Code of Federal Regulations
Part 77 before this Chapter was adopted will continue to be determined
as not in violation of this ordinance as long as a determination of
no hazard by the Federal Aviation Administration remains in effect.
C.
Nonconforming
trees.
Nothing in this Chapter 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 Chapter is subject to the provisions of this Chapter as described in Section 11-11-7 herein above.
(Ordinance 9302, sec. 2, adopted 8/12/14)
A.
Permits.
(1)
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, provided such permit is otherwise consistent with this Chapter.
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 Chapter, or which
would allow the establishment of a nonconforming use. Applications
for permits shall be submitted to and issued by the Administrative
Agency.
(2)
Any person who desires to erect a new structure or rebuild, replace, or enlarge an existing structure or establish a new use or substantially change an existing use in AOZ-4 must apply for and receive a permit. A permit shall be granted unless the new structure or the new use would be a height hazard or a prohibited land use as set forth in Sections 11-11-8, 11-11-9, and Table 1 of this Chapter or would otherwise violate this Chapter. Applications for permits shall be submitted to and issued by the Administrative Agency.
B.
Variances.
(1)
A person who desires to use property in a manner inconsistent with
this Chapter may apply to the Board of Adjustment for a variance.
(2)
If the applicant for variance seeks to erect or alter a structure
or allow the growth of a tree which would exceed the Height limits
contained in this Chapter, the application must be accompanied by
a determination from the Federal Aviation Administration under 14
Code of Federal Regulations Part 77 that the proposed Structure or
tree would not constitute a hazard to air navigation.
(3)
The board of adjustment shall not issue a variance unless it shall
first make findings and show in its minutes such facts and/or special
conditions by which each of the following conditions listed below
has been satisfied.
(a)
A literal application or enforcement of the regulations will result
in unnecessary hardship; and
(b)
The granting of relief would:
(1)
Result in substantial justice being done;
(2)
Not be contrary to the public interest; and
(3)
Be in accordance with the spirit of the regulation and this
Chapter.
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In making its findings under (b)(2) and (b)(3) above, the Board
shall consider whether the granting of relief would jeopardize public
health and safety or otherwise result in the creation of an unacceptable
safety risk as defined in 14 Code of Federal Regulations Parts 420
and 431; and shall consider whether the granting of relief would impair
the ability of the City of Midland to accommodate aircraft which use,
or are projected to use, the airport or airpark.
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The Board shall allow a variance from the regulations in this
Chapter if the Board finds that all of the conditions above have been
satisfied. If the Board finds that not all such conditions have been
satisfied, its findings must state which conditions have not been
satisfied.
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(4)
The Board of Adjustment shall consult with the Director of Airports
before making its findings and shall set forth in its minutes the
objections or concurrence of the Director of Airports to each such
finding.
C.
Requirements
and reasonable conditions.
(1)
Any permit granted may, at the discretion of the Administrative Agency,
impose a requirement to install and maintain, at the expense of the
permit applicant, any markers or lights as may be necessary to indicate
to flyers the presence of an airport hazard.
(2)
A permit for a new structure in AOZ-4 will not be granted until the
design and construction of the proposed structure has been approved
by the City Engineer of the City of Midland, after consultation with
the Director of Airports.
(3)
Any variance granted may, at the discretion of the Board of Adjustment,
include any reasonable conditions as may be necessary to accomplish
the purpose of this Chapter.
D.
Exceptions.
No permit shall be required for any activity on property owned
or leased by the City of Midland or its tenants, or the federal government.
(Ordinance 9302, sec. 2, adopted 8/12/14)
A.
Pursuant
to Texas Local Government Code § 241.032, the City of Midland
Board of Adjustment is hereby designated as the Board of Adjustment
for the purposes of this Chapter and shall have and exercise the following
powers:
(1)
To hear and, after consultation with the Director of Airports of
the City of Midland, decide appeals from any order, requirement, decision,
or determination made by the Administrative Agency in the administration
or enforcement of this Chapter;
(2)
To hear and, after consultation with the Director of Airports of
the City of Midland, decide special exceptions to the terms of this
Chapter when the board is required to do so; and
(3)
To hear and, after consultation with the Director of Airports of
the City of Midland, decide specific variances regarding the administration
or enforcement of this Chapter.
B.
The Board of Adjustment organization and operation shall be in accordance with Title XI Planning and Development, Chapter 11-1 Zoning, Section 11-1-7 of the City of Midland Municipal Code. If Section 11-1-12 conflicts with the provisions of this Chapter, this Chapter shall govern with respect to matters related to airport zoning regulations imposed pursuant to Texas Local Government Code §§ 241.001 et seq.
(Ordinance 9302, sec. 2, adopted 8/12/14)
A.
A decision
of the Administrative Agency made in its administration of this Chapter
may be appealed to the Board of Adjustment by any person who is aggrieved
by the decision or by any taxpayer who is affected by the decision
or by the governing body of a political subdivision that believes
the decision is the result of an improper application of this Chapter.
B.
All
appeals hereunder must be taken in the time period and by the procedures
set forth in Section 11-1-7 of this Code.
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.
In accordance
with Section 11-1-7 of this Code, 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, after consultation with the Director of Airports
of the City of Midland, whose objections or concurrence shall be set
forth in writing, 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.
(Ordinance 9302, sec. 2, adopted 8/12/14)
Any person aggrieved or any taxpayer who is affected by a decision
of the Board of Adjustment, or a governing body of a political subdivision
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, § 241.041.
(Ordinance 9302, sec. 2, adopted 8/12/14)
The governing body of the City of Midland, Texas may institute
in a court of competent jurisdiction an action to prevent, restrain,
correct, or abate any violation of this Chapter or of any order or
ruling made in connection with their administration or enforcement
including, but not limited to, an action for injunctive relief.
(Ordinance 9302, sec. 2, adopted 8/12/14)
Each violation of this Chapter or of any order or ruling promulgated
hereunder shall constitute a misdemeanor and upon conviction shall
be punishable by a fine of not more than $2,000.00 and each day a
violation continues to exist shall constitute a separate offense.
(Ordinance 9302, sec. 2, adopted 8/12/14)
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.
(Ordinance 9302, sec. 2, adopted 8/12/14)
If any of the provisions of this Chapter or the application
thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or application of this Chapter which
can be given effect without the invalid provision or application and
to this end, the provisions of this Chapter are declared to be severable.
(Ordinance 9302, sec. 2, adopted 8/12/14)
Any actions brought forth by any Person or land owner as a result
of the administration, enforcement, or the contesting of this Chapter
will be in accordance with the provisions of Texas Local Government
Code,
§ 241.001 et seq and other applicable state laws.
(Ordinance 9302, sec. 2, adopted 8/12/14)
Whereas, the immediate operation of the provisions of this Chapter
is necessary for the preservation of the public health, safety, and
general welfare, an emergency is hereby declared to exist and this
Chapter shall be in full force and effect from and after their adoption
by the City of Midland.
(Ordinance 9302, sec. 2, adopted 8/12/14)
