As used in this article, unless the context otherwise requires, the following terms shall have the respective meanings ascribed to them:
Airport.
Any area of land or water, whether of public or private ownership, designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interests of the public for such purposes. Such areas shall be deemed to be “utilized in the interests of the public” when the owner thereof, by contract, license, or otherwise, permits the use of such areas by others for the landing and taking off of aircraft, storage of aircraft, fueling of aircraft, repairing of aircraft, or the instruction of persons in the use of aircraft.
Airport hazard.
Any structure, tree, sign, vehicle or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.
Landing area.
The area or areas of an airport used for the landing, take-off or taxiing of aircraft.
Nonconforming use.
Any structure, pole, sign, vehicle, tree or use of land which does not conform to the regulations prescribed in this article.
Structure.
Any object constructed or installed by man, including, but without limitation, poles, signs, walls, vehicles, buildings, towers, smokestacks, tanks and overhead transmission lines.
Tree.
Any object of natural growth.
(Ordinance 622, sec. 2, adopted 3/24/70; 1972 Code, sec. 5-24)
(a) 
Created; powers and duties.
Subject to like provisions being made by the commissioner’s court of Ward County, 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 created a joint airport zoning board, to be known as the Roy Hurd Memorial Airport Zoning Board, which shall have the powers and exercise the duties set forth in V.T.C.A., Local Government Code, chapter 241.
(b) 
Membership.
The Roy Hurd Memorial Joint Zoning Airport Board shall be composed of five (5) members, two (2) to be appointed by the city council and two (2) members to be appointed by the commissioner’s court of Ward County. The fifth member shall be elected by a majority of the members so appointed and said fifth member shall serve as chairman of the Roy Hurd Memorial Joint Airport Zoning Board.
(Ordinance 613, secs. 1, 2, adopted 6/24/69; 1972 Code, secs. 5-25, 5-26)
The provisions of this article shall be administered and enforced by the building inspector of the city.
(Ordinance 622, sec. 9, adopted 3/24/70; 1972 Code, sec. 5-27)
(a) 
Created; membership.
(1) 
There is created the airport advisory board of the city, to be composed of five (5) members. All members shall be resident citizens of this county, and except for the first members of such advisory board, shall be appointed for two (2) year terms, and until their successors are appointed and qualified. Two (2) members of the board shall be appointed by the city council, two (2) members shall be appointed by the commissioners court of Ward County, and the four (4) members so appointed shall appoint the fifth member of the board. Appointments to the advisory board shall be made at the first regular meeting of the appointing group after the annual election, or as soon thereafter as possible. Two (2) members of the first advisory board shall be appointed to serve until the first regular meeting after the annual municipal election in 1970, and three (3) members shall be appointed to serve until the first regular meeting after the annual municipal election of 1971, so that thereafter the terms of two (2) members shall expire in the even-numbered years and the terms of the other three (3) members shall expire in the odd-numbered years.
(2) 
No person having any financial interest in any commercial carrier by air, or in any concession, right or privilege to conduct any business or render any service for compensation upon the premises of the municipal airport, shall be eligible for membership on the airport advisory board.
(3) 
All members of the airport advisory board shall serve without compensation, but may be reimbursed for all expenses reasonably incurred by them in the performance of their duties as members of such board when authorized by the city council.
(b) 
Organization.
The airport advisory board shall select from among its members a chairman and a vice-chairman, and it shall adopt, subject to the approval of the city council, such rules and regulations governing its proceedings as it may deem proper. Such rules and regulations shall not be inconsistent with the ordinances of the city. The advisory board shall appoint a secretary, who may, but need not be, a member of the board. The secretary shall keep a record of all transactions of the board. The manager of the airport shall provide the advisory board with all information necessary for the performance of its duties.
(c) 
Studies and recommendations.
The airport advisory board shall from time to time make such general studies of airport construction and operation as may be useful in keeping the municipal airport efficient and adequate to the needs of the city and of the air transportation industry; it shall make recommendations to the city council in respect to construction, expansion, improvements, maintenance and operation of such airport. It shall call the city manager’s attention to any failure by personnel of the airport to carry out any orders or policies adopted by the city council; and it shall, acting in an advisory capacity, work toward the general improvement of the airport and advancement of the city as an air transportation center.
(d) 
Powers.
The airport advisory board shall have and exercise the following powers:
(1) 
To hear and decide appeals from any order, requirement, decision or determination made by the building inspector in the enforcement of this article.
(2) 
To hear and decide any special exceptions to the terms of this article upon which such airport advisory board may be required to pass under the provisions of this article.
(3) 
To hear and decide specific variances as authorized under subsection (e) of this section.
(e) 
Granting of variances.
When, in its opinion, the public convenience will be served, the appropriate use of neighboring property will not be substantially injured or the safety of aircraft will not be jeopardized, the airport advisory board may, in specific cases, after due notice to all parties at interest, and after a public hearing, permit a variance in the height or use of any structure within any airport approach zone or airport area, turning zone or transition zone; and to this end may overrule the building inspector and direct him to issue the permit under such special conditions as the airport advisory board may deem necessary to preserve the safety of aircraft and to effectuate the purposes of this article.
(Ordinance 622, sec. 8(1)–(5), adopted 3/24/70; 1972 Code, secs. 5-28–5-32)
Permits to use property or to erect structures or to repair structures in any approach zone, turning zone or transition zone are required, and shall be obtained from the building inspector of the city.
(Ordinance 622, sec. 7, adopted 3/24/70; 1972 Code, sec. 5-33)
All applications for permits shall be accompanied by a plat in duplicate, drawn to scale, showing actual dimensions, the size, height and shape of the proposed use or structure, the altitude above sea level at the ground site involved, the altitude above sea level at the maximum height of the structure proposed or involved and such other information as may be necessary to provide for the enforcement of this article. A careful record of such applications and plats shall be kept in the office of the building inspector.
(Ordinance 622, sec. 9, adopted 3/24/70; 1972 Code, sec. 5-34)
(a) 
The airport advisory board shall hear appeals from the decision of the building inspector on the interpretation of this article, and shall also hear all appeals from the decision of the building inspector with reference to the enforcement of this article. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector, 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 such regulations.
(b) 
Any person aggrieved, or taxpayer affected, by a decision of the building inspector made with reference to the enforcement of this article may appeal to the airport advisory board for relief.
(Ordinance 622, sec. 8(5)(b), adopted 3/24/70; 1972 Code, sec. 5-35)
Any person aggrieved, or taxpayer affected, by any decision of the airport advisory board, and who is of the opinion that decision of the airport advisory board is illegal, in whole or in part, may appeal to a court of competent jurisdiction, specifying the grounds of illegality. Such petition shall be presented to the court within ten (10) days after the decision is filed in the office of the board.
(Ordinance 622, sec. 8(5)(c), adopted 3/24/70; 1972 Code, sec. 5-36)
The governing body may from time to time amend, supplement or change by ordinance the boundaries of the airport approach zones, turning zones, transition zones, and the airport areas herein established. A public hearing shall be held by the governing body before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication three (3) times in the official publication of the city, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first date of publication.
(Ordinance 622, sec. 10, adopted 3/24/70; 1972 Code, sec. 5-37)
Any person who shall violate any of the provisions of this article or who shall fail to comply with any requirements thereof or who shall build or alter any structure or use in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable to a fine as provided in section 1.01.009, and each day such violation shall be permitted to exist shall constitute a separate offense.
(Ordinance 622, sec. 11, adopted 3/24/70; 1972 Code, sec. 5-38)
In order to carry out the purposes and provisions of this article, all of the lands within the boundaries of the city and within the areas required for aircraft approach or maneuvering acts in the use of Roy Hurd Municipal Airport is divided into airport approach zones, airport turning zones, and airport transition zones, the boundaries of which are shown on the Roy Hurd Airport zoning maps, consisting of 1 page, dated the seventh day of May, 1969, prepared by the Texas Aeronautics Commission, which are filed in the office of the city secretary and hereby made a part hereof. The various zones are hereby established and defined as follows:
(1) 
Approach zone.
An approach zone is established at each end of all runways on Roy Hurd Memorial Airport for (non-instrument) landings and takeoffs. The approach zone shall have a width of two hundred fifty (250) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width on two thousand two hundred fifty (2,250) feet at a horizontal distance of ten thousand two hundred (10,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runways.
(2) 
Transition zones.
Transition zones are hereby established adjacent to each runway and approach zone as indicated on the zoning map. Transition zones, symmetrically located on either side of runways, have variable widths as shown on the zoning map. Transition zones extend outward from a line one hundred twenty-five (125) feet on either side of the centerline of the runway, for the length of such runway plus two hundred (200) feet on each end, and are parallel and level with such runway centerlines. The transition zones along such runways slope upward and outward one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the zoning map. Such transition zones flare symmetrically with either side of the runway approach zones from the base of such zones 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 surfaces on the horizontal and conical lines.
(3) 
Horizontal zones.
One hundred fifty (150) feet above the airport elevation or a height of two thousand six hundred twelve (2,612) feet above mean sea level.
(4) 
Conical zone.
One (1) foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of three hundred (300) feet above the airport elevation.
(Ordinance 622, sec. 3, adopted 3/24/70; 1972 Code, sec. 5-39)
(a) 
Nothing in this article shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to thirty (30) feet above the surface of the land.
(b) 
Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail.
(Ordinance 622, sec. 4, adopted 3/24/70; 1972 Code, sec. 5-40)
No land within any airport approach zone, airport turning zone or airport transition zone shall be used for and no structure shall be erected or any tree planted in such a manner as to create a hazard by reason of the height of the structure or trees, or cause interference with radio communication or transmission of electronic signals or landing aids between the airport and aircraft, impair the visibility of the airport or the lights thereof, or otherwise endanger the landing, takeoff or maneuvering of aircraft approaching or leaving the airport.
(Ordinance 622, sec. 5, adopted 3/24/70; 1972 Code, sec. 5-41)
(a) 
Any use of land or structure within any airport approach zone, airport turning zone or airport transition zone that, by reason of its height or position, created an airport hazard prior to the passage of this article, interferes with radio communication on the airport, interferes with transmission of electronic signals in landing aids from the airport, impairs visibility of the field or otherwise endangers the landing, takeoff or maneuvering of aircraft approaching or leaving the airport shall be called a nonconforming use.
(b) 
Nonconforming uses may be continued in airport approach zones, turning zones and transition zones for definite periods of time, subject to such rules and regulations as may be required by the airport advisory board to insure reasonably safe operation of aircraft in any airport approach zone, turning zone or transition zone.
(c) 
Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, a permit must be secured from the building inspector of the city, authorizing such replacement, change, or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard, or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made.
(Ordinance 622, sec. 6, adopted 3/24/70; 1972 Code, sec. 5-42)