Subject to like provisions being made by the county commissioner’s court, by proper order, duly promulgated and entered on its minutes, and as authorized by the provisions of V.T.C.A., Local Government Code, chapter 241, there is hereby created a joint airport zoning board, to be known as the Knox City Municipal Airport Zoning Board, which shall have the powers and exercise the duties set forth in V.T.C.A., Local Government Code, section 241.014.
(Ordinance 1039, sec. 1, adopted 3/3/75; 1996 Code, sec. 12.101)
The city/county joint airport board shall be composed of five (5) members, two to be appointed by the city council, and two members to be appointed by the county commissioner’s court. The fifth member shall be elected by a majority of the members so appointed and said fifth member shall serve as chairman of the said Knox City Joint Airport Zoning Board.
(Ordinance 1039, sec. 2, adopted 3/3/75; 1996 Code, sec. 12.102)
This article shall be known and may be cited as “Knox City Municipal Airport Zoning Ordinance.”
(Ordinance 1043, sec. 1, adopted 1/12/76; 1996 Code, sec. 12.103)
As used in this article, unless the context otherwise requires:
Airport.
Knox City Municipal Airport.
Airport elevation.
The established elevation of the highest point on the usable landing area.
Airport hazard.
Any structure, tree or use of land which obstructs the airspace required for or is otherwise hazardous to the flight of aircraft in landing or taking-off at the airport.
Airport reference point.
The point established as the approximate geographic center of the airport landing area and so designated.
Joint airport zoning board.
A board consisting of five (5) members, two (2) appointed by the city council and two (2) appointed by the county commissioners; the four (4) so appointed shall appoint a fifth, the chairman.
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.
Landing area.
The surface area of the airport used for the landing, take-off or taxiing of aircraft.
Nonconforming use.
Any structure, tree, or use of land which is lawfully in existence at the time the regulation is prescribed in the article or an amendment thereto becomes effective and does not then meet the requirements of said regulation.
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.
Runway.
The paved surface of an airport landing strip.
Structure.
An object constructed or installed by man, including, but not limited to, buildings, towers, smokestacks, and overhead transmission lines.
Tree.
Any object of natural growth.
(Ordinance 1043, sec. 2, adopted 1/12/76; 1996 Code, sec. 12.104; Ordinance adopting 2022 Code)
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 surface and conical surface. Such areas are shown on the Knox City Municipal Airport Zoning Map consisting of 1 sheet, prepared by the state aeronautics commission and dated January 13, 1975, which is attached to the ordinance from which this article derives and made a part hereof. The various zones are hereby established and defined as follows:
(1) 
Approach zone.
Approach zone is established beneath the approach surface at each end of all runways on the Knox City Municipal Airport for visual approaches to landings and take-offs. The approach zone shall have a width of 250 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 1,250 feet at a horizontal distance of 5,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.
(2) 
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. Transition surfaces extend outward from a line 125 feet on either side of the centerline of the runway, for the length of such runway plus 200 feet on each end. The line is parallel to and level with the runway centerlines. The transition surfaces along such runways slope upward and outward one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the horizontal surface. Further, transition surfaces are established adjacent to approach surfaces for the entire length of the approach surfaces. These transition surfaces have variable widths, as shown on the zoning map. Such transition surfaces flare symmetrically with either side of the runway approach surfaces from the base of such surfaces and slope upward and outward at the rate of one (1) foot vertically for each seven (7) feet horizontally to the points where they intersect the horizontal and conical surfaces.
(3) 
Horizontal zone.
The area beneath a horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.
(4) 
Conical zone.
The area beneath the conical surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.
(Ordinance 1043, sec. 3, adopted 1/12/76; 1996 Code, sec. 12.105)
(a) 
Except as otherwise provided in this article, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this article to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones in question as follows:
(1) 
Approach zones.
One (1) foot in height for each twenty (20) feet in horizontal distance beginning at a point 200 feet from and at the elevation of the end of the runway and extending to a point 5,200 feet from the end of the runway.
(2) 
Transition zones.
One (1) foot in height for each seven (7) feet in horizontal distance beginning at any point 125 feet normal to and at the elevation of the centerline of runways extending 200 feet beyond each end thereof, extending to a height of 150 feet above the airport elevation or a height of 1,654 feet above mean sea level. In addition to the foregoing, there are established height limits of one (1) foot vertical height for each seven (7) feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces.
(3) 
Horizontal zone.
That area beneath the horizontal surface which is located one hundred fifty (150) feet above the airport elevation, or a height of 1,654 feet above mean sea level.
(4) 
Conical zone.
That area beneath the conical surface which is one (1) foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal surface extending to a height of 350' above the airport elevation.
(5) 
Excepted height limitations.
Nothing in this article shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 20 feet above the surface of the land.
(b) 
Where an area is covered by more than one (1) height limitation, the more restrictive limitations shall prevail.
(Ordinance 1043, sec. 4, adopted 1/12/76; 1996 Code, sec. 12.106)
Not withstanding any other provisions of this article, no use may be made of land within any zone established by this article in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking-off, or maneuvering of aircraft.
(Ordinance 1043, sec. 5, adopted 1/12/76; 1996 Code, sec. 12.107)
(a) 
Regulations not retroactive.
The regulations prescribed by this article shall not be construed to require the removal, lowering, or other changes 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 article, 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 joint airport zoning board 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 1043, sec. 6, adopted 1/12/76; 1996 Code, sec. 12.108)
(a) 
Future uses.
Except as specifically provided in subsections (1), (2), and (3) hereunder, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established 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:
(1) 
In the area laying within the limits of the horizontal zone and the 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 zone.
(2) 
In the areas lying within the limits of the approach zones but at a horizontal distance of not less than 5,200 feet from each end of the runways, 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 zone.
(3) 
In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal 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 such tree or structure, because of terrain, land contour or topographic features would extend above the height limit prescribed for such transition zones.
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this article except as set forth in section 9.02.006(5).
(b) 
Existing uses.
No permit shall be granted that would allow the establishment or creation of an 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 joint airport zoning board determines that a nonconforming structure or tree has been abandoned or more than 80 percent 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 not in accordance with the regulations prescribed in this article, may apply to the board of adjustment for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to be public interest but will do substantial justice and be in accordance with the spirit of this article.
(e) 
Hazard marking and lighting.
Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the city at its own expense to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
(Ordinance 1043, sec. 7, adopted 1/12/76; 1996 Code, sec. 12.109)
It shall be the duty of the joint airport zoning board to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the joint airport zoning board through the office of the mayor upon a form furnished by him. Applications, required by this article to be submitted to the joint airport zoning board, shall be promptly considered and granted or denied. Applications for action by the board of adjustment shall be forthwith transmitted by the chairman of the joint airport zoning board.
(Ordinance 1043, sec. 8, adopted 1/12/76; 1996 Code, sec. 12.110)
(a) 
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 joint airport zoning board 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 such regulations may be required to pass;
(3) 
To hear and decide specific variances.
(b) 
The board of adjustment shall consist of five members appointed by the joint airport zoning board as prescribed in the provisions of V.T.C.A., Local Government Code, section 241.032, as amended and each shall serve for a term of two (2) years and removable for cause by the appointment authority upon written charges, after a public hearing.
(c) 
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.
(d) 
The board of adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this article.
(e) 
The concurring vote of a majority of the members or the board of adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the joint airport zoning board 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 1043, sec. 9, adopted 1/12/76; 1996 Code, sec. 12.111)
(a) 
Any person aggrieved, or any taxpayer affected by any decision of the joint airport zoning board made in its administration in this article, if of the opinion that a decision of the joint airport zoning board 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 joint airport zoning board a notice of appeal specifying the grounds thereof. The joint airport zoning board 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 joint airport zoning board 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 his opinion, 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 agency from which the appeal is taken 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 or by agent or by attorney.
(e) 
The board of adjustment may in conformity with the provisions 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 1043, sec. 10, adopted 1/12/76; 1996 Code, sec. 12.112)
Any person aggrieved, or any taxpayer affected, by any decision of the board of adjustment, may appeal to the court of record as provided in V.T.C.A., Local Government Code, chapter 241.
(Ordinance 1043, sec. 11, adopted 1/12/76; 1996 Code, sec. 12.113)
Each violation of this article or any regulation order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine as provided for in the general penalty provision found in section 1.01.009 of this code, and each day a violation continues to exist shall constitute a separate offense.
(Ordinance 1043, sec. 12, adopted 1/12/76; 1996 Code, sec. 12.114)