HomeMy WebLinkAbout05641 1/2 ORD - 01/13/19601
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11
O R D E R
OF THE
JOINT AIRPORT ZONING BOARD
ADOPTING
AIRPORT ZONING REGULATIONS
WHEREAS, a public hearing was held on the
final report of the Airport Zoning Commission on the 25th
day of October, 1960, at 4:00 o'clock P.M. in the Council
Chambers of the City Hall of the City of Corpus Christi,
Nueces County, Texas, which said final report proposed
airport zoning regulations for airport hazard areas sur-
rounding the new Corpus Christi International Airport in
this county; and
WHEREAS, this Board believes that the following
airport zoning regulations are necessary and in the public
interest;
NOW THEREFORE, IT IS ORDERED that the following
regulations be and the same are hereby adopted:
Section 1, Short Title: These regulations shall
be known and may be cited as the "Airport Zoning Regulations
of the Corpus Christi International Airport'
Section 2. Definitions: As used in these regula-
tions, unless the context otherwise requires:
(1) "Airport" or "Corpus Christi International
Airport" means the airport in Nueces County, Texas, which lies
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adjacent to the south boundary line of State Highway No.
44 between the City of Corpus Christi and the town of
Clarkwood.
(2) "Airport Hazard" means any structure,
tree, or use of land which obstructs the air space required
for the flight of aircraft in landing or taking -off at the
airport or is otherwise hazardous to such landing or taking -
off of aircraft.
(3) "Airport Hazard Area" means the area
defined in Section 3 and 4 hereof upon and within which an
airport hazard might be established if not prevented as pro-
vided in these regulations.
(4) "Approach Zone" means any area at the end
of each runway as shown on the attached map.
(5) "Non- conforming use" means any structure,
tree, or use of land which does not conform to these regula-
tions or an amendment thereto, as of the effective date of
such regulations.
(6) "Person" means any individual, firm, copart-
nership, corporation, company, association, joint stock asso-
ciation or body politic, and includes any trustee, receiver,
assignee, or other similar representative thereof.
(7) "Structure" means any object constructed or
installed by man including, but without limitation, buildings,
towers, smokestacks and overhead transmission lines.
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(8) "Tree" means any object of natural
growth.
(9) "Plat of the Airport Hazard Area" means
the plat of the Airport Hazard Area that is attached hereto
and made a part of these regulations.
(10) "Smoke" means a suspension in a gas of
solid particles which are products of burning organic mate-
rial.
(11) "Fumes" means a noxious or corrosive
exhalation of a vaporous or odorous character.
(12) "Dust" means fine dry pulverized particles
of any material; a fine powder of any kind.
(13) "Balloon" means a nonporous bag of light
material filled with heated air or a gas lighter than air
so as to rise and float in the atmosphere.
(14) "Kite" means a light framework covered with
paper or cloth, intended to be flown in the air at the end of
a string, cable, wire or rope.
(15) "Gas" means any aeriform fluid, having
neither independent shape or volume, but tending to expand
indefinitely, or any gaseous mixture except the reasonably
normal atmosphere.
(16) "Air Space Reservation" means that space
within the airport hazard area containing certain height
limitations which result in clear space above such hazard
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area designated by specific zones and altitudes established
herein and above which no airport hazard may be installed
or projected.
(17) "Clear Zone" means the area reserved at
the end of runways or landing strips as safety factors as
shown on the Airport Hazard Space Map.
(18) "Landing Area" means the area of the air-
port used for the landing, take -off, or taxiing of aircraft.
(19) "Runway or Landing Strip" means surface
area of the airport used for the landing, take -off and taxiing
of aircraft, as shown on the exhibits which are made parts
hereof.
Section 3. Plate of the Airport Hazard Area: In
order to outline definitely the horizontal and vertical limits
beyond which the projection of any structure or tree will con-
stitute an airport hazard, the plats of the Airport Hazard Area
of the Corpus Christi Airport, Nueces County, Texas, attached
hereto are hereby incorporated into these regulations and made
a part hereof.
Section 4. Airport Hazard Area: In order to carry
out the purposes of these regulations, all of the following
described lands or waters are hereby declared Airport Hazard
Area:
All of the area contained within the horizontal sur-
face defined as a circle, the radius of which is
15,835 feet in length, and the center of which
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is a point lying within the Airport boundaries
and located at Longitude 97° 30' 6" West, Latitude
27° 46' 20" North, further defined by beginning at
the intersection of the main line of the Texas -
Mexican Railroad with the center line of the
Naval Air Station spur and traversing west along
the Texas- Mexican Railroad, a distance of 5050
feet, thence due south 4690 feet and in addition,
being located by the intersection of a line 2000
feet in length perpendicular to the centerline
of Runway 17 -35 and a line 1400 feet in length
perpendicular to the center line of Runway 13 -31.
All the area contained within the approach zones
lying outside the aforedescribed circle being
described as an area extending outward from a
point 200 feet from each end of runway 13-31 -
as built and also from parallel runway 13 -31
as proposed, 1,000 feet in width at the end
adjacent to the runways, extended along the center
line of the runways for 10,000 feet flaring uni-
formly out to a width of 4,000 feet and sloping
upward from the ground at 50:1 with a further
extension from this point outward along the
center line of the runways for an additional
40,000 feet, flaring uniformly to a width of
16,000 feet and eloping upward at 40:1, except
that portion lying in San Patricio County as
shown on the plats. All that area lying in the
transitional surface, being that area extending
along each side of the approach zone 5,000 feet
in length measured horizontally from the edge of
the approach zone and sloping upward from the
approach zone at 7:1 except that area lying in
San Patricio County.
Section 5. Height Limitations: Except as other-
wise provided in these regulations, no structure, or tree
shall be erected, replaced, repaired, substantially altered,
allowed to grow or be maintained within the Airport Hazard
Area which will be above the prohibited height appropriate
to its location as established by and shown on the Plat of
the Airport Hazard Area.
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Section 6, Use Restrictions: Notwithstanding
any other provision of these regulations, no use may be made
of or installation placed on the land within the Airport
Hazard Area:
(1) That will create electrical interference
with radio communication between the airport and
aircraft, or that will create any interference
with radar transmission or reception between air-
craft and any radar installation or between any
radar installation and the airport;
(2) That will make it difficult for aircraft
pilots to distinguish between airport lights and
other lights, or that will result in glare in the
eyes of aircraft pilots using the airport, or that
will impair visibility in the vicinity of the air-
port, or that will otherwise endanger the landing,
take -off or manuevering of aircraft;
(3) That will produce Smoke, fumes, gases and /or
odors which would interfere with the safe use of the
airport or which would interefere with the health,
safety and general welfare of the public in the use
of the airport;
(4) For rifle, pistol or skeet ranges or private
aircraft landing fields which would interfere with
the safe use of the airport or would interfere with
the health, safety and general welfare of the public
in the use of the airport;
(5) For the operation or flying of kites or
balloons above the height limitations as prescribed
by this order; no balloon having a diameter of more
than eia feet or a gas capacity of more than 115
cubic feet, or kite having a width of over four
feet in any direction, may be operated or flown
within the hazard area; or
(6) For sports arenas, schools, churches and
hospitals within the approach zones only.
(7) Paragraphs (2), (3), (4), (5) and (6) of
this section do not apply in the approach zones
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and transitional surfaces lying outside the
horizontal surface, The only building restric-
tions outside the horizontal surface apply to
height of the structure defined as elevation
above the natural ground.
Section 7. Non- conforming Structures or Trees,
Existing or Commenced Prior to the Effective Date of These
Regulations: These regulations shall not be construed to
require the removal, lowering, change or alteration of any
structure or tree, not conforming to these regulations and
existing at the effective date of these regulations. Further-
more, these regulations shall not require the removal, lower-
ing, change or alteration of any structure which was begun
prior to the effective date of these regulations, and which
is diligently prosecuted and completed within one year from
the effective date of these regulations.
Section 8. Permits: Before any new or existing
structure coming within the meaning of Section 7 above may
be built, replaced, rebuilt, substantially repaired or sub-
stantially altered, or in the case of a tree, replaced, re-
planted or allowed to grow substantially higher, so that it
will not conform to these regulations, a permit shall be
secured from the Building inspection Division of the Depart-
ment of Public Works of the City of Corpus Christi, author-
izing such replacement, rebuilding, repairing, alteration,
replanting or growth. No such permit shall be granted that
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would allow the establishment or creation of an additional
airport hazard or permit a non - conforming structure or tree
or non- conforming use to be made or become higher or become
a greater hazard to air navigation than it was at the effec-
tive date of these regulations or that it is when the appli-
cation for permit is made, but, except as provided in these
regulations to the contrary, all applications for permits
shall be granted.
Section 9. Variances and Temporary Permits: Any
person desiring to erect any structure or increase the height
of any structure or permit the growth of any tree not coming
within the meaning of Section 7 above, or otherwise use his
property in violation of these regulations, may apply directly
to the Board of Adjustment for a variance from the zoning reg-
ulations that would prohibit the same. No variance shall be
allowed in the approach zone to any runway that is shown on
the attached plat of the Airport gazerd Area except that upon
application therefor and following notice and hearing in accord-
ance with procedures adopted by it the Board of Adjustment
may grant temporary permits for the drilling of wells in
search of oil and gas in any such approach zone subject to
such limitations and conditions as the Board of Adjustment
determines would be necessary for the safe use of such
approach zone for flying. Variances will be granted in the
Airport Hazard Area only if such variances are not prohibited
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by Section 6 hereof and will not cause an increase of then
existing minimum requirements for instrument or night flying
in the Airport Hazard Area, However, variances shall be
allowed where a literal application or enforcement of the
regulations would result in practical difficulty or unnec-
essary hardship and the relief granted would mot be contrary
to the public interest but would do substantial justice and
be in accordance with the spirit of these regulations. Any
variance allowed may be made subject to any reasonable
conditions that the Board of Adjustment may deem necessary
to effect the intent and purpose of these regulations.
Section 10. Hazard Marking and Lighting: Any
permit or variance granted under these regulations may be
made subject to any reasonable conditions that the Board
of Adjustment may deem necessary.
Section 11, Administrative Agency: The Building
Inspection Division of the Department of Public Works of the
City of Corpus Christi, Texas, is hereby designated the
administrative agency charged with the duty of administering
and enforcing the regulations herein prescribed. The duties
of the Building Inspection Division shall include that of
receiving and approving or denying all applications for permits,
but the Building Inspection Division shall not have or exercise
any of the powers or duties herein delegated to the Board of
Adjustment.
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Section 12, Board of Adjustment:
1, There is hereby created a Board of Adjustment
to have and exercise the following powers:
A. To hear and decide appeals from any
order, requirements decision or determination
made by the Building Inspection Division or any
other action taken by it in the enforcement of
these regulations; and
B. To hear and decide applications made to
it for variances or temporary permits under
Section 9 hereof.
2. The Board of Adjustment shall consist of
five (5) members, each to be appointed for a term of two
(2) years and removable for cause by the Joint Airport Zoning
Board. Three members of the first Board of Adjustment shall
be appointed by the City Council of the City of Corpus Christi
and two members of such initial Board of Adjustment shall be
appointed by the Commissioners Court of Nnecea County. Three
members of the next succeeding Board of Adjustment shall be
appointed by the Commissioners Court of Nueces County, with
two members thereof appointed by the City Council of the City
of Corpus Christi, Thereafter the City Council of the City
of Corpus Christi and the Commissioners Court of Nuecea County
shall appoint three members and two members respectively and
alternately. Any vacancy or vacancies in membership on the
Board of Adjustment which occurs or occur during any term
shall be filled by appointment of the Joint Airport Zoning
Board, The Chairman of the Board of Adjustment Shall be
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elected by and from the members of the Board of Adjustment.
3, The Board of Adjustment shall adopt rules
for governing its action and procedure in harmony with the
provisions of these regulations. Meetings of the Board of
Adjustment shall be held at the call of the chairman and at
such other 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 be kept on file by the Board of Adjust-
ment and shall be a public record.
Section 13. Appeals: (1) Any person aggrieved
by any decision of the Building Inspection Division made in
the administration of these regulations, if of the opinion
that the decision of the Building Inspection Division is an
improper application of these regulations, may appeal to the
Board of Adjustment,
(2) Notice of any such appeal must be given
within fifteen (15) days after final ruling thereon by the
Building Inspection Division by filing with the Building
Inspection Division and with the Board of Adjustment a
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notice of appeal specifying the decision from which the
appeal is taken and the grounds of such appeal. The
Building Inspection Division shall forthwith transmit Bs
the Board of Adjustment all the documents constituting the
record upon which the action appealed from was taken.
(3) An appeal shall stay all proceedings in
furtherance of the action from which the appeal is taken,
unless the Building Inspection Division 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 its opinion, cause imminent
peril to life or property. In such case, proceedings shall
not be stayed otherwise than by order of the Board of Adjust-
ment on notice to the Building Inspection Division and on
due cause shown.
(4) The Board of Adjustment shall fix a
reasonable time for the hearing of the appeal, give public
notice and due notice to the parties in interest in accord-
ance with the rules of notice adopted by the Board of Adjust-
ment, and shall decide the same within a reasonable time.
Upon the hearing any party may appeal in person or by agent
or by attorney.
i (5) The Board of Adjustment, in conformity
with the provisions of these regulations, may reverse or
affirm, in whole or in part, or modify the order, require-
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meat, decision or determination appealed from and may make
such order, requirement, decision or determination as ought
to be made, and shall have all the powers of the Joint Air-
port Zoning Board in the particular case before it necessary
to effect that end,
(6) The Board of Adjustment shall make written
findings of fact and conclusions giving the facto upon which
it acted and its conclusions from such facts in reversing,
or affirming, or modifying any order, requirement, decision,
or determination which comes before it under the provisions
of these regulations.
(7) 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 Building
Inspection Division, to grant any application for variance,
or to decide in favor of the applicant on any other matter
upon which it is required to pass under these regulations.
Section 14. Conflicting Regulations: Where
these regulations impose a greater or more stringent re-
striction upon the use of land than is imposed or required
by any other ordinance or regulation, the provisions of
these regulations shall govern.
Section 15, Severability: If any of the provisions
of these regulations or the application thereof to any person
or circumstance is held invalid, such invalidity shall not
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affect other provisions or applications of the regulations
which can be given effect without the valid provisions or
application, and to this end the provisions of these regu-
lations are declared to be severable.
Section 16, Effective date: These regulations
shall take effect as of 7 o'clock A.M. on the 20 day of
April , 1961.
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The foregoing Rules and Regulations were
passed and approved on this the 19 day of April
1961,by the following vote:
Homer C. Innis
Hayden Head
B. F. Harrison
Jesse Laurence
Elbert Cox
ATTEST:
Secretary
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Airport Manager
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Chairman of the Board
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1111110011#44101101111
CORPUS CHRISTI INTERNATIONAL AIRPORT
HAZARD AREIA MAP'
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♦ Ill��41'd
AIRPORT ZON1140 =MAT IONS -
CP THE-
CORPUS CHRISTI AIRPCR'_
&SLIM i. Short Title: Those regulations shall
be .known cited &s the "Airport Zoning Regulation
or--the: Corpus Chrloti Airport",
SHCTION 2, Derintti•ans: As used in thee e ragu]a-
ess the context othertrise requires:
(i) "A.irpo t" or "CorP44 Christi Ai 'pert"' weans
the airport 10 Nueoes County, Texas, which IS presently
der construction it try the City of Cow Christi e: Bch
lies adjacent: to the south boundary lime or State VighOW
Now 44 between the City of Corpus Christi and ttin ` oirn or
(2) "Airport hazard' means any structure, tree,
installation, or Use of land Which obstx'uote the sir space
require oar the flight Of aircraft in lain of taking-
off at the airport or is otherwise hazardous to such land-
ing or tam -otr or siren".
(3) "Airport h za7d areal" means the area denim.
in Seeti€ .s 3 ash h borne upon and within which an airport
rt
hazard might bo established if not prevented as provided in
these regulations
(4) "Approach Zone means any area at the : end
or etch rUnway and shy on the attached
(5) 'Non.00nrorl ing use" means m structure,
ta+`ss ' e et land which tic"es not
y�confol*m to these regula-
tions on ♦. ame nt thereto, aa, e the orrev�tiw date of
ouch re6ulations.
(6) 7N-tram' arcane any individual, firm, co-
pe nosh p, corporation, cam, association, joint Stock
association or beiy politic, and includes any trustee, re -
_seiver, Assignee, or ether similar representative thereof.
( -' - - (f-) 'Structurep moans any cbieet con3tructed
J J
*St. 41 An or 416.1 "c but
-for sa'fek -clai &Y
or int led by lion ircludit, but without limitation,
bu31Uinga, tears, amokestacRo and Overhead transmission
11noS.
(8) "Tree" means any object of natural growth.
{9} " 1n tallati+on" to ens any object placed on
land or water that is not included within the definition of
°structur&1 or 'tree ".
(10) "Plat of the Ai Port guard a means the
Plat of the Airport 'ward Arta that la attached hereto and
made a part or these: regulations.
(31) °Smoke3 means a suspension in a gam of solid
particles which are products of burning organic material
(12) H a° means a :nox1aass or corrosive exhala-
tion or a vaporous or-odorous charaoter.
(13) "fit" maws fuse dry pulverised particles -
ef material; a fine powder of cry land
(14) ' "1 spoon" moans .c, nonporous bag ar lig
material filled e1th hearted air or a gas lighter than air
so ea to rise and float in the atmosphere.
(15) °Kite" means a light framework covered with
paper or cloth, Intended to bs flown in the air at the end
of a string, cable, Wire cr rope,
(16) °des° meow anyaerlform fluid, having
neither independent Shape or volute, but tensing to exPand
indefinitely, or any gaseous mixture except the reasonably
nil atmosphere.
(17) "Air apace reseervation° means that she
within the, airport hazard area eontaining certain height
limitations which result in clear apace abort such_ h$zard
area designated-by specific cones and altitudes establish
herein and above which no airport bait d may be installed or
projected.
(18) °Clear ?one° t$s the reserved at.
the end ax rumen or landing strips are safety fatore
es *hewn on the Airport Heserd Space NO.
(19) "Landing area° Ana the area of the
airport used for the Ong, take -oft, or taxiing of
aircr tt.
(20) _:"Sunway or Lending Strip" peens surface
area of the airport uud for the landing,-take-off and taxi-
ing of aircraft, as shown on the +exhibits whit are modes
parts hereof.
SIGH 3. P1*t of the Airport Hazard Amos in
carder to Outline definitely the horizontal and vertical
limits beyond which the projection or a structure or tree
will conetituta an airport baza'd,, the plat of the Airport
lietard Area of the Oorpuar - Vhristi Airport-, Nueces County,
?tea attached hereto le hereby Incorporated into theses
regulation and'sade apart hereof.
SECTION- h. amftliazard Arenas In order -to carry
out the puree of these regulation*, all of tho following
described lands or waters are hereby declared Airport Hazard
Arear
All of the area conked within a circle,
the radius of **hie 5,835 tot In ,gth,
and the minter or Which is appoint lying
within the Airport boundaries end located
by begtnni at the intersection of the main
lino of the Texas- oaken Railroad with this
center lid, of the Naval Air Station spur and
trsvereing *est aleng,th*Texas- Nexitan
road, distance a distance of 50,0 Beet, thencse due
south 4550 :let.
SSCrION 5 8ei, ht. L3mitatiOns a ' xcept is otherwise
provided In then regu1aticne no structure, inetailation, or
tame shall bs erected, replaced, repaired, aubat nt,
altar , allowed to grow or be maintained wwthin the Air-
port Hazard Are* which will ba above the prthib ted height
appropriate to its location as established by and thawm ca
the Plat or the Airport Hazard Area;
s not 6. Use lestrictior a s Notwithstanding anY
other provision of these reguiatitna,. no use may be made
oP or .11ation placed on, the land within the Airport
Ord Arius
(1} that will crenate, elsctrioal inter-
ranee with radio coermnication between: the
airport and aircraft, or that will create any
interference with radar transmission or recep-
tion between aircraft and any radar installa -
taoni or between any radar installation and
the airport;
(2) that will. mater it difficult 1 ar ai
craft pilots to distinguish between .*Inert
lights and owner lights, or that will result
in glare in the eyes of afrcrt piIots .using
the art, or that will fir visibility
In • the vicinity of the airport, or that will
otherwise endanger the landing, tea -cft or
ueverin g of aircraft;
(3) that will produce ate, fumea..gaaas
andfor odors which would interfere with the safe
use of the .airport or which would Interfere with
thabealth, safety and general welfare of the
public in the use of tho airport;
(b) for rifle, pistol or skeet ranges or
private aircraft landing fields which ld
_interfere with the roafe use of the airport eEr
would interfere with the health, sanity and
Viral welfare of the public in the use + f
the airport;.
(5) , for the operzAion or_rlytog or l too
ar b aloonu above the height limitations as
Prescribed by thief Hers no balloon baying
diaaeit of th n tit trot or i goo
p ic1ty or more th n 115 cubic teeit, or kite
,having width of over Pour feet in asyr d1r
tlon, may be operated or fly- within the
hams areal: or
(6) for egos arena** eohools, hurahee
and bowlful* within the approach zonee,
SECTION 7, 1t�eontorminr„8tructures Trefss or
It utalla ions Sxistin ,or Commenced Priem to the gsteotiue
Date of Thes. l eto uiationes Those regulations shall not be
construed to rewire tho -re;-Joval, lowering,-change or altera-
tion-Of otructuro, tip or installation not conforming
to-these regulations and esxio i at the sti ti date of -
tiea regulations. P rthe mare, these regulations. *ball not
require,tho removal, lowering,, char. o .alteration of: eel.
atrueture or installation which vet-begun, prior to the *tree-
. tiim date at these regulations, and which is dil.igentl
uteri curd Cot ploted within tuna Tsar fro, the. effective_
data oE' these regulations.
SECTION 43. Perraitst too any new cr eztitdng_:
tstrructu e : or lostsiiationa corn/or corn/or within tbq- ace eni eg of`
Sectjon 7 above - bet built, replaced, rebuilt, subatan
t repaired or substai:tiitily altered, or in t crier
a tom, replaced, replantaed, or allowed to ;gar sui tan,-
ti.al ly fir, ao that it will not conform to these regrtla-
tiona, a permit ill to secured frontlet Bid impact}
tic Dtvt; inn of the Department of Public htrbs, alt thca City
of Corps Christi, authorising such replacement, rebuilding,
repairing, alteration* replanting or growth. nos %
permit "all be sited that would allow the establish-
Mont or creation of an additional airport hazard se perrlt
a non-conferming structure or tree or nose- eonforiag use to
be made or become:higher or become a, meter hazard to air
ri414Zat1th than iteaa at the effective date or the rep*
lotions or that tt is When the applleation for' s permit
lamed*, , except as provided in these regulations to
the contrary* all applications for permits shall be granted*
sacrum 9. Variances and TemgorF'aa^s Any
persist desiring to erect any structure or installation,
Or increase the height of any structure or installation*
or permit the growth of cry tree not coal within the
eaning of Section 7 aabove, or otherwise use his property
in violAton of the r egulati ..eray sppiy directly to
trio Board of Adjustment for a variance from the stoning
regulations that would prohibit the ate. Ncyariat40
shall be allowed in the approach Bond to any runway that
is shown on the attached plat of the airport hazard area
except that open application thereter and following notice
and. hearing in accordance withproceduree adopted by it,
the !Board of Adjuatment way ,grant temporary permits for
the drilling of wails. -3m a Perch of nil amd gas in any math
approach sone sub eet to such limitationeAnd oonditicna
as the Board of .Ad jus nt del ns* would be necessary
far the sate Uae of nuah approach zone for flying. :Variances
win be granted in the Airport Hazard, Area only if' Math
variances are not prditbited Station 0 hereof and will
rant _eause an increase of then exiassting miasisassse rivitramenta
for i;nsttest or night flying in the Airport Hazard Area.
Bowyer. variances oh ll tot be allowed where a literal
eaitplieaticrr or enforcement or the regulations would result
In practical dii'tiaulty or unnecessary bardehip and the
relief granted would net be cimtr to the pubiie interest
but would do substantial justice and be in accordatce with
the spirit of thee* regulations, Any variance allowed mar
be node subject to reasonable conditicos that the Board
of AdjustmeMtleal dem neceee.ary to effect the intent and
purpoee of thew regulatioee.
eXTICN 10. fiaaeard WarkilLealightims AnY Parelt
anicnaa granted under these regulations may be made sub-
ject to ' reasonable cenditions that the Board of Adjust-
ment may deemnecessery requiringthe owner of the struetures
tsar er Installation fah te the aub$eet thereof, et bi
ear her own expense. to instell, operate and maintain there-
on aueh markers and obstractien lights as my he necessary
to Indicate to aircraft Picts the presence cC an airy
ba sa 3. All ouch worker* can Oetruetion lights *hall *en-
ters to the United .3tates Dptrtnent of Commerce Civil
Aeronautie Admiristration specification* or the specifi-
cations or any ether authority having jurisdiction in the
Vie.
SECTION Lt_r+ ftee _ 5S The Building
motion Division or the Department of Public. "Werke of
the City of Corp4 Christi, Texas. is herebY designated
the admintatrstive away charged with the duty of adminis-
tering and enforaiNg the regulutions herein proscribed. The
duties of thn DuilAing Inspection aeon shall include
that of receiving and approving or denying all $application*
for permits, but the Melding tto2t Divielon ehali not
'have or exercise of the powera or duties herein dele.
gated to the Board of Adjustment.
=MM 12, hoard of Adjustmtent s
14 There is hereby created a Board of A djuatment
and exercise tM _following powers:
sa. To hear and decide 4ppetsls from
• r order, requirement, decision er determina-
tion made b3► the Building Inspection Division
Cr any other action taken by it in the e sfores-
teent of these regulationai and
b. To-hear and dear applications
ode to it for variances or temporary permute
under Section 9 hereor.
2. The Board Of Adjustment shall consist of five
(5) members;, each to s appointed to a term of -two (2) yearn
and removable for eause by the Joint Airport Zoning Beard.
Three rembers of then first ward of Adjustment shall be--
:appointed by the City Council of the City .sir Cgrpus Christi
and two mseizers of such Initial Bosrd ot'Adjustment shall
be appointed by the Commissioners Court of 1ueees County.
Three lembera of the next succeeding ierd 'of Adjustment
eh 11 be appointed by the Commissioners Court of Moses
County, with two Members ti root appointed by the City
cutisri.l of the City of Cm= Christi. Thereafter the City!
Coun it of the City of Corpus Christi end the Commissioners
Court of Reece* County shall appoint three amphora and two
timbers respectively and alternately. Any vacancy or Vacanclese
in membership on the Board of Adjustment which *ours or occur
during any t+ere shall be filled by appointment or the joint
Airport Zoning Beard. The chairman or the Board of Adjust-
• nt shall `be elected by and f rost s embsrrs Of the Boaard
Of Adjustment.
. The Beard oi"'..Adtjuatment shall adopt rules for
goo log its action ad nprocedure in hareem/ with the Tiro-
visions of these regulations. Meetings or the Beard of Ad.
justeent shall he held at the eAll of the chairman and at
such other times as the board or Adjustment, may dceresife.
The chairman, or in hip absence the acting chair, n, may
administer oaths and compel the aWndence of watt. asea.
All hearings of the Board of Adjustment snail b+_
The Board of Adjustment-a:11/ keep minutes or its proceed-
ings. attowinR the vote of each renber upon each
or, tV Llbeent or fai fng Ito vote, lndienting nrrh faet,
and shall kp records of its oxamins: iofs and i - -r official
actions,' all at which shall be kept as rile by Board o£'
adjust. ;snt ,and shall be a public reoord,
Iota 13. aeals: (1) Any person sa ° rleyed by
any decision of the Building inspection Division r_,de In
the ssdmitki.etratt n of these regulations, it of the opinion
thst the 0001510n of the .ai1a?itrg Inspection O visirn is
u t proper aspplicati • cf theaaaat regulations, ray appeal.'
to the E and of Adjuast» tt.
(2) 'ic�ice of any such app ]. must be
given within fifteen 115) days arum* rinal ruling thereon
by the Building /nape -41b s Division by filing with the
Ti lding Inspection Divi ion and with the Boaz, a Ad,
,1ua tment a notice of qpp Al eoifying the doer : - t fro
whlrh the ay; + L 15 teWettAnd the grow of su . appe al.
. Pri1ding inspection DivIli_ 'hall forthwith. tranIn1t
to the end of Adjusstmest all the documents s.ticituting
the record upon which tail action appc,a4 ed fro' vas taken.
(3) appeal shall stay all proceed-
ings in furtherance of the action frc-c ehich t' e.71a1 is
taken, unless the )Building Inspection Division r:rttflea to
the Board of Adjustment,; after the notii of a.-_11 bas been
filed With it, that by reason.or the facts stated in the
certificate a at would. in its opinion, oaf, isntrnent
peril to life or property. In emit cite, S?r e:. Age shall
not be staff rther*tine than by oiler or the BtI7J of Adjust,
ment on a;Qtlos to the adding Inspection Dt'isicn and
Oft due ease. Awn.
(s) The Board of Adjustment :shall
t'ix a reasonable time to the hearing or the appeal, give
notice and due notice to the parties in interest
inacoardance with the rules of notiee adopted by the Board
of Adjustment, and shall decide the Se= within s re ert-
ab
vr by agent or by .e tom. Upon the aaring astir PAY ray aPrtatil in Person
y
(5) The Beard of Adjustment, in cat
corm.% with the viol of the regulations, ray re-
vomit or affirm, in *tole or in pert, or .modify the order,
requirement. declaim or detemination appealed from and
sea mice such or, requirement, decision or determination
at Otittht to be made, and ll have all the pcwere or the
Joint art rld2rang Board in they particular case before it
neceesarr to erroot that end.
(6) The Board or Adjustment shell stake
written fitelings or Pet and conc1ts1ons:giuing the feats
urn *Lich it acted and its conclusion* from each facts in
rovettanB, . at`tirmlog, or modifying any order, requirement,
decision, ar determinative fah oases before it under the
provisions of these regulations.
(7) The ocF►curri g rote or tour (4)
ss of t€i+e Board or E:diustrent shall bo necessary to
reverse any order, retp.tiresent, ` d cieioh or determination
xaf` the Building Inspection Division, to grant any applica-
tion .tor variance, or to decide in favor or the applicant
on any other natter upon Welch it is required to pass under
theca regulations.
I ik. noajL'liati 2eguiaticewt Where these
regula Hoare twee a greater sr more "t stringent restriction
ordimnse or is p;:+vi tone or two
ottbs
1 or the ePAteeelce there s
person or oircwinisnos _ id mod. soon 3hvoliAly
shall ;street otter provisions sr" apU catt of
sospaistions obtoh oast bnnivon without valid
provisions or Mill'
cation, and in sad ths provisions
1111. .to bs a3.
. f. 41,
x ZONING ISZOVidAntildH '' 5 G 41 z•
Acts 1947. 50th Leg. p. 7g4; Ch. 391, u Amended
by Acts 1951. 52nd Leg. p. 17. Ch. 12
Section 1. Definitions.
site used in this Act, unless the context otherwise requires:
(1) "Airport" means 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 interest of the public for such purpoeee. Such areas
shall be deemed to be "utilized in the interest of the public" when the owner thereof
by contract. license or otherwise permits the use of such areas by others. Such
areas also shall be deemed to be "utilized in the interest of the public" when utilized
by the Government of the State of Texas or an agency thereof or by the Government
of the United States or an agency thereof in furtherance of the national defense.
(2) "Airport hazard" means any structure or tree or use of land which
obatructe 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.
(3) "Airport hazard area means any area of land or water upon which an
airport hazard might be established if not prevented as provided in this Act.
(4) "Political subdivision" means any municipality. city, town, village
or county.
(5) "Person" means any individual, firm, co- partnership, corporation,
company. association, joint stock association. or body politic, and includes any
trustee, receiver, assignee, or other similar representative thereof.
(6) "Structure" means any object constructed or installed by man, in-
cluding, but without limitation. buildings, towers, smokestacks, and overhead
transmission lines.
(7) "Tree" means any object of natural growth.
Section 2. Airport Hazards Contrary to Public Interest.
It is hereby found that an airport hazard endangers the lives and property of
users of the airport and of occupants of land in its vicinity, and also, if of the
obstruction type, in effect reduces the size of the area available for the landing,
taking -off and maneuvering of aircraft, thus tending to destroy or impair the
utility of the airport and the public investment therein. Accordingly, it is hereby
declared: (a) that the creation or establishment of an airport hazard is a public
nuisance and an injury to the community served by the airport in question; (b) that it
is therefore necessary in the interest of the public health, public safety, and general
welfare that the creation or establishment of airport hazards be prevented; and
(c) that this should be accomplished, to the extent legally possible, by exercise of
the police power, without compensation. It is further declared that both the
prevention of the creation or establishment of airport hazards and the elimination,
removal, alteration, mitigation, or marking and lighting of existing airport hazards
are public purposes for which political subdivisions may raise and expend public
funds and acquire land or property interests therein.
Section 3. Power to Adopt Airport Zoning Regulations.
(1) In order to prevent the creation or establishment of airport hazards,
every political subdivision having an airport hazard within its territorial limits may
adopt. administer, and enforce, under the police power and in the manner and upon
the conditions hereinafter prescribed. airport zoning regulations for such airport
hazard area, which regulations may divide such area into zones. and, within such
zones, specify the land uses permitted and regulate and restrict the height to which
structures and trees may be erected or allowed to grow.
(2) Where an airport is owned or controlled by a political subdivision
and any airport hazard area appertaining to such airport is located outside the
Fi le w:.1-1) 5 4, 41
• page Z •
territorial limits of said political subdivision, the political ,subdivision ;awning or
controlling the airport and the political subdivision within which the airport hazard
area is located may, by ordinance or resolution duly adopted, create a joint airport
zoning board, which board shall have the s: :mo power to adopt, ac'minist; r and enforce
airport zoning regulations applicable to the airport hazard area in gtic: tion as that
vested by subsection (1) in the political sub : "i Sion within which. = :,_a area is located.
iiach such joint board shall have as :nembnri t,..o (L) rcprescntata es appointed by
each political subdivision participating to it creation and it atl•iitiln a chairman
elected by a majority of the members so aprointed.
Section 4. ,1.latton to Comprehensive i'.ontn,, R ; uiat
( l ) Ir.cor; o : ition. In the cv •nt that a r l i t i . ,d s u b i, :.:rn1 has adopted,
or hereafter adopts, ,r emmorchensiva zoning nrcli .ni r,;ei,iating, among otha-
things, the height of hidings, tiny airport : oritng ret'ul•,tin - anl'licablc. tc: Th:• ,- t.:e
area or portion thereof, may be incorporate -I u-. -.cal „u i s ., nary .,f such c ornt•r -
hensive zoning regulations, and be admini5t,rrcn ,nil „r,1' rt +d ut annection there-
with.
(2) Conflict. In the event of ((inflict bet .•trop any airport oning regulations
adopted under this Act and any other regulations applicable to the same area. whether
the conflict be with respect to the height of structures or trras, the use of land, or
anv other matter, and whether such other regulations were .adopted by the political
subdivision which adopted the airport zoning regulations nr by some other political
subdivision, the more •stringent limitation or requirement :;ball govern and prevail.
Section 5. Proeedur.. for Adoption of Zoning Regulations.
(1) N Ake and Hea: in';. No air' crt .: oning regulations shall be adopted,
amended, or changed under this A t excer.t by :,r tion of the leg,i ,-lativc body of +.h*
political subdivision in question, or the joint board provided for in Section 3 ('l•
after a public hearing in relation thereto, at which parties n: inter- at and citizens
shall have an opportunity to be heard. At least fifteen (15) day.; notice ci the L;•ario
shall be published in an official paper, or a paper of general circultation, in the
political subdivision or subdivisions in which is located the airport hazard arca to
be zoned.
(2) Airport ?ening Commission. Prior to the initial zoning of any
airport hazard area under this Act, the political subdivision or joint airport zonirg
board which is to adopt the regulations shall appoint a commis; ion, to be known
as the Airport Zoning Commission, to recommend the boundaries of the various
zones to be established and the regulationq to be adopted therefor. Such commission
shall make a preliminary report and hold public hearings thereon before submitting
its final report, and the legislative body of the political subdivision or the joint
airport zoning board shall not hold its public hearings or take other action until it
has received the final report of such c.ommission. Where a city plan commission
or comprehensive zoning commission already exists, it may be appointed as the
airport zoning commission.
Section 6. Airport Zoning Requirements.
(1) Reasonableness. All airport zoning regulations adopted under this
at shall be reasonable and none shall impose any requirement or restriction which
is not reasonably necessary to effectuate the purposes of this Act. In determining
what regulations it may adopt, each political subdivision and joint airport zoning
board shall consider, among other things, the character of the flying operations
expected to be conducted at the airport, the nature of the terrain within the airport
hazard area, the character of the neighborhood, and the uses to which the property
to be zoned is put and adaptable.
(2) Non - conforming Uses. No airport zoning regulations adopted under
this Act shall require the removal, lowering, or other change or alteration of any
structure or tree not conforming to the regulations when adopted or amended, or
otherwise interfere with the continuance of any non - conforming use, except as
provided in Section 7 (3).
•
page 3. •
Section 7. Permits and Variances.
(1) Permits. Any airport zoning regul _lions adopted under this Act may
require that a permit be obtained before any new structure or use may be constructed
or established and before any existing use or structure may be substantially altered
or repaired. In any event, however, all such regulations shall provide that before
any non - conforming structure or tree may be replaced, substantially altered or
repaired, rebuilt, allowed to grow high: r, or replanted, a permit must be secured
from the administrative agency authorized to administer and 2nforre t!-e regulation_,
authorizing such replacern:nt, chorea.. or repair. ^Jo permit shall he granted that
would allow the establishment or creation of an airport hazard or permit a non-
conforming structure er tree or non- cnnformin,e use to be made or become_ higher
or become a great; r hazard to air navi'>,ation thee et was when the applicable
regulation was adopted or than it is when the eppitcr,tion for a permit is made.
except as provided herein, all application, for permits shall be granted.
(2) Variances. Any person deairine to r et any structure, or increase
the height of any structure, or permit the growth of any tree, or otherwise use his
property in violation of airport zoning regulations adopted under this Act, may . pply
to the Board of Adjustment for a variance frnrn the zoning regulations in question.
Such variances shall be allowed where a literal application or enforcement of the
regulations would result in practical difficulty or unnecessary hardship and the re -
lief granted would not be contrary to the public interest but do substantial justice
and be in accordance with the spirit of regulations and this Act; provided, that any
variance may be allowed subject to any reasonable conditions that the Board of
Adjustment may deem necessary to effectuate the purposes of this Act.
(3) Hazard Marking and Lighting. In granting any permit or variance
under this Section, the administrative agency or Board of Adjustment may, if it
deems such action advisable to effectuate the purposes of this Act and reasonable
in the circumstances, so condition such permit or variance as to require the owner
of the structure or tree in question to permit the political subdivision, 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.
Section 8. Appeals.
(1) Any person aggricvedeor taxpayer affected, by any decision of an
administrative agency made in its administration of airport zoning regulations adopted
under this Act, or any governing body of a political subdivision, or any joint airport
zoning board, which is of the opinion that a decision of such an administrative agency
is an improper application of airport zoning regulations of concern to such govern-
ing body or board, may appeal to the Board of Adjustment authorized to hear and
decide appeals from the decisions of such administrative agency.
(2) All appeals taken under this Section must be taken within a reasonable
time, as provided by the rules of the Board, by filing with the agency from which the
appeal is taken and with the Board, a notice of appeal specifying the grounds thereof.
The agency from which the appeal is taken shall forthwith transmit to the Board all
the papers constituting the record upon which the action appealed from was taken.
(3) An appeal shall stay all proceedings in furtherance of the action
appealed from, unless the agency from which the appeal is taken certified to the
Board, after the notice of appeal has been filed with it, that by reason of the facto
stated in the certificate a stay would, in its opinion, cause imminent peril to life
or property. In such cases proceedings shall not be stayed otherwise than by
order of the Board on notice to the agency from which the appeal is taken and on due
cause shown.
(4) The Board shall fix a reasonable time for the hearing of 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.
(5) The Board may, inconformity with the provisions of this Act, reverse
• page 4. •
or affirm wholly or partly, or modify, the order, requirement, decision,
or determination appealed from and may mace such order, requirement, decision,
or determination as ought to be made, and to that end shall have all the powers o:
the administrative agency from which the appeal is taken.
Section 9. Administration of Airport Zoning Regulations.
All airport zoning regulations adopted under this Act shall provide for
the administration and enforcement of sup h regulations by an administrative agency
which may be an agency created by such regulations or any official, board, or other
existing agency of the political subdivision adopting the regulations or of one of the
political subdivisions which participated in the creation of the joint airport zoning
board adopting the regulations, if satisfactory to that political subdivision, but in
no case shall administrative agency be or include any member of the Board of
Adjustment. The duties of any administrative agency designated pursuant to this
Act shall include that of hearing and deciding all permits under Section 7 (1). but
such agency shall not have or exercise any of the powers herein delegated to the
Board of Adjustment.
Section 10. Board of Adjustment.
(1) All airport zoning regulations adopted under this Act shall provide for
a Board of Adjustment to have and exercise the following powers:
(a) To hear and decide appeals from any order, requirement, decision,
or determination made by the administrative agency in the enforcement of the airport
zoning regulations as provided in Section 3.
(b) To hear and decide any special exceptions to the terms of the airport
zoning regulations upon which such Board may be required to pass under such
regulations.
(c) To hear and decide specific variances under Section 7 (2).
(2) 4vhere a zoning board of appeals or adjustment already exists, it
may be appointed as the Board of Adjustment. Otherwise, the Board of Adjustment
shall consist of five (5) members, each to be appointed for a term of two (2) years
and removable for cause by the appointment authority upon written charges and
after public hearing. Vacancies shall be filled for the unexpired term of any member
whose term becomes vacant.
(3) The concurring vote of four (4) members of the Board shall be
necessary to reverse any order, requirement, decision, or determination of the
administrative agent, or to decide in favor of the applicant of any matter upon which
it is required to pass under the airport zoning regulations, or to effect any variation
in such regulations.
(4) The Board shall adopt rules in accordance with the provisions of the
ordinance or resolution by which it was created. Meetings of the Board shall be
held at the call of the Chairman and at such other times as the Board may determine.
The Chairman, or in his absence the acting chairman, may administer oaths ancj
compel the attendance of witnesses. All hearings of the Board shall be public. The'',
Board 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 Board and shall be a public record.
Section 11. Judicial Review.
(1) Any person aggrieved, or taxpayer affected, by any decision of a
Board of Adjustment, or any governing body of apolitical subdivision or any joint
airport zoning board which is of the opinion that a decision of a Board of Adjustment
is illegal, may present to a Court of record a verified petition setting forth that the
decision is illegal, in whole or in part, and 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.
(2) Upon presentation of such petition the Court may allow a writ of
certiorari directed to the Board of Adjustment to review such decision of the Board.
• •
page 5
The allowance of the writ shall not stay proceedings upon th.• decision appealed from,
but the Court may, on application, on notice to the Board and on due cause shown,
grant a restraining order.
(3) The 3oard of Adjustment shall nut be required to return the original
papers acted upon by it, but it shall be sufficient to r. -turn certified cr sworn copies
thereof or of such portions thereof as may 1:e call .:•d f,r by the writ. The return
shall concisely set forth such other fact:: as rr,:y be pertinent and material to show
the grounds of the decision appealed from and ,;hall be v.ritted.
(4) The Court shalt have c aclusivc Puri diction to affirm, modify, or
set aside the decision brou,,ht up for review, in whale or in part, and if need b:•. to
order further proceedings by the Board of Adjustm,_ -r,t. In all ippeals taken under
this Act such case shall be tried and rlehrrmined de :.nvo on the basis of the facts
adduced in the trial of the case in the r:ourt, and the Court independently shall pass
upon both the law and the facts as in an ordinary civil suit.
(5) Costs shall not be allowed against the Board of Adjustee•nt unlee,s
it appears to the Court that it acted with gross negligence, in bad faith, or with
malice, in making the decision appealed from.
(6) In any case in which airport zoning regulations adopted under this
Ac t, although generally reasonable, -are held by a Court to interfere with the use or
enjoyment of a particular structure or parcel of land to such an extent, or to be so
onerous in their application to such a structure or parcel of land, as to constitute
a taking or deprivation of that property in violation of the Constitution of this State
or the Constitution of the United States, such holding shall not affect the application
of such regulations to other structures and parcels of land.
Section 12. Enforcement and Remedies.
In addition, the political subdivision or agency adopting zoning regulations
under this Act may institute in any Court of competent jurisdiction, an action to
prevent, restrain, correct or abate any violation of this Act, or of airport zoning
regulations adopted under this Act, or of any order or ruling made in connection with
their administration or enforcement, and the Court shall adjudge to the plaintiff such
relief, by way of injunction (which may be mandatory) or otherwise, as may be
proper under all the facts and circumstances of the case, in order fully to effectuate
the purposes of this Act and of the regulations adopted and orders and rulings made
pursuant thereto.
—I J Se111-
L( J Cfarc Tn