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MINUTES
PLANNING AND ZONING COMMISSION
110 CITY OF COLLEGE STATION, TEXAS
July 6, 1970
7:00 p.m.
Members Present: Chairman C. D. Wells; Commissioners Douglas Stone,
Carl Tishler, Joe Orr, George Boyett; Council Liaison
Bill J. Cooley; City Engineer Lloyd James; and City
Planner George Eby
Members Absent: Commissioners Carl Landiss and Bob Evans
Visitors Present: Frank Griffis, S. McConnell, Mr. & Mrs. John D. Hoerner,
John F. Reynolds, Edward H. Miller, Phil Hobson, and
Robert W. Toler
Chairman Wells called the meeting to order at 7:00 p.m. in the Council Room of the
City Hall in College Station, Texas.
On motion by Commissioner Orr, seconded by Commissioner Tishler, the Minutes
of the June 15, 1970 meeting were approved.
46 The first item on the Agenda was a rezoningrequest, P&Z Case No. 26-70, a request
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from John D. Hoerner to rezone 24.758 acres from District No. 1, first dwelling house district
to District No. 4, first business district. This property is located at the intersection of
FM 2818 (West Loop) and FM 60.
Chairman Wells briefly explained the matter of zoning this property would also have
to be considered by the Joint Airport Zoning Board of Easterwood Airport. He then asked
City Planner Eby if the property owners in the area in question had been notified and City
Planner Eby stated that they had.
Mr. and Mrs. John D. Hoerner, owners of the property in question, and their
attorney, Mr. Gilmore, were present at the meeting.
Commissioner Wells opened the floor for the public hearing. The owners of the
property had some questions concerning the zoning of the property. Mr. Hoerner stated
that he had read the City Planner's brief on the case and felt his recommendations were
very good. There was considerable discussion concerning the brief, which is made a part
of these Minutes as ATTACHMENT A. Mr. Hoerner explained that his plans for the
development of the property would probably be to sell the property for some type of motel
complex, since it was located so near the airport. He stated that he felt although the noise
level would be loud, since it was in the airport flight area, he did not feel it would be a bad
location for some type of business such as a motel.
Commissioner Boyett asked Planner Eby why he had recommended Tract No. 2
as a industrial Tract. City Planner Eby stated that his main reasons for this recommendation
were that it was not a residential area, the 24 acres was too large for a commercial tract,
and he felt the West Loop area of the city, even though heavily wooded in places, would be
an ideal location for industrial. Commissioner Orr stated he was in agreement with this
recommendation.
Minutes of Planning and Zoning Commission Page 2
July 6, 1970
Commissioner Boyett moved that Tract No. 1 be approved for commercial
zoning, subject to concurrence of the Easterwood Airport Zoning Board and Tract No. 2
be disapproved.
Mr. Hoerner then asked if he could not informally change his request to conform
to the City Planner's brief. Commissioner Stone stated that this would not be fair to the
property owners who had been notified that the zone change request was for commercial
and not industrial, and that some of them might have an objection to the industrial.
Commissioner Boyett then reworded his motion to recommend approval of Tract
No. 1, an 11.583 acre tract as commercial, with the exception of the 1. 065 acre that is
clouded by F.A.A. condemnation, and subject to approval of the Easterwood Airport
Zoning Board (P&Z Case No. 26-70), and Tract No. 2, a 13.175 acre tract, located at
the corner of FM 60 and East of FM 2818, be tabled. Motion was seconded by Commissioner
Orr. Motion carried. Vote was unanimous.
Mr. Hoerner stated that he would write a letter requesting a zone change from
residential to industrial on Tract No. 2, which is a 13. 175 acre tract, located at the corner
of FM 60 and East of FM 2818.
The next item of business was a discussion of a letter received from the City
Attorney concerning the proposed Zoning Ordinance. Chairman Wells told City Engineer
James that a new up to date city map would be required for the new zoning ordinance. Mr.
James stated that he would begin work on this as soon as possible.
City Planner Eby stated that he had received a letter from City Planner Nelson in
the City of Bryan, which contained an up to date list of names of streets in Bryan. He
stated that the purpose of this letter was to avoid possible duplication of names. Mr. Eby
agreed to prepare a similar list for College Station.
Mr. Gilmore, attorney for Mr. Hoerner, asked if there was a date that would
automatically be set for the jurisdiction of the concerned areas for the airport. He was told
that it probably would not be too long.
On motion by Commissioner Boyett, seconded by Commissioner Orr, the meeting
adjourned.
APPROVED:
Ohair man
TEST;
C' y Secretary
4111 las
Planner' s Brief on P & Z Case No. 26-70 (John D. Hoerner)
This case is a request from John D. Hoerner of San Francisco,
• California for Commercial Zoning at the intersection of F. . M. 60
and F. M. 2818 (West By-Pass) . The property to be considered •
primarily faces F. M. 2818. It is on both sides of F. M. 2818
and is about 2000 feet long. The depth of Tract #1 (west of
F. M. 2818) tapers from 418 feet' to' A .point. The depth of Tract #2
(east of F. M. 2818) is approximately .250 feet: - •
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This area was recently annexed by the city and was zoned Single
Family District upon being annexed in accordance with City Policy.
Topography
Tract # 1 is on a ridge line with a general elevation of 340 feet
above sea level. Tract # 2 slopes from 320 to 340 feet depending
on the distance from F. M. 60. Generally drainage is addequate
with no areas subject to flooding.
Neighboring Areas
Tract #1 is immediatly adjacent to a Mobile Home Park owne4 by
Ralph Bobbitt. All other areas adjoining the requests are farm
and ranch lands, with no residences within 200 feet of the area.
The land on the south side of F. M. 60 is owned by the University
and is used as agricultural land on the east side of F. M. 2818
while Easterwood airport occupies the west corner.
Airport Zoning Ordi n
Enclosed with tr .s -- copy of Easterwood Joint Airport •
Zoning Ordinance , TLe areas under .: .: ,r on for commercial
zoning are within the instrument the Easterwood
Airport Runway No. 9. Basically, . is that there
are building height restrictions po:ed upon .,ures (and
trees) within this area. Tfae,; 1 :nor se . ... controlled
by the Airport Zoning Ordinance Circe ..s elevation
than Tract 2. Certain al.eas (as sho r. -:_ty map)
cannot have building or tree heights in execs ., ti :eet above
the local ground level. Tract # limited .
The lowest 'r ei ght 7.estriction f.n # 2 i ._tely 44 feet.
Technical:L ,he instrument Approach. bone die': .. . ._Aei height of
structures on a ratio basis. x,.ends from
a point 2i.'.: _ : ;: the centerline of tKa end of runway a distance
of 10,000 feaL, .:.0200 feet from the end of the runway. Within
this zone t e h:: ,; of the zone chat es .based upon a 50: 1 ratio.
For eves:: .5ii feet in distance from the -point 200 .feet from the
end of a.,6 the floor ,ot the zone is raised 1O feet. This
is based elevation of the end of the =way, which is
319 feet. & elevation of the land withi: . zone is also
consider and tr.= ?ifference in the land el ' . :or: and the
floor - of the zone is the. allowable height structure.
However , FAA rul :.es (Document - No.70/74 0 i, is ates `'
S 2RJCTUR - HIGHER THAN ONE THE ALLOWABLE E L is T BE A . _. V2.:,
BY FAA. Therefore the height of buildings no-7 ;c'ct _
approval is 14 feet for some noirts near F.• M. ' to .,
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(2 The zone actually continues past this point at a 1:40 ratio
„o a point 50,200 feet from the end of the runway. )
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Site Facilities
Presently there is REA electrictiy in .°the area. (to be 'taken over
• by the city) There is a major gas 'distribution line in the area.
Sewer services if and when mace available would require a
new treatment plant costing $80,000 which would serve at least :
1+000 future residents as per the EDA Grant Application for
Water and Sewer System Improvements dated May 1969. Water is
not available. There is however a 6" line between the University •
chicken farm and Masterwood Airport which belongs to the University.
Water from this system is not being made available to private
parties in the area, to quote Col. Parson of University Buildings
and Utilities. Major water distribution line's - to-this area .are
hot in the EDA Grant Application. Water will necessarily need to
be provided eventually if the area is to develop normally And to
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its maximum capability.
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Planning Problems
Certain portions of tracts I and 2 a:Y e to be condemmed by the
Easterwood Airport when Federal Funds are acquired through the
Federal Aid to Airports Act which goes into effect sometime this
summer. The reason the areas (marked on the enclosed maps) are :to
be condemmed is because the Federal Coverle7lent deems it essential
that a Clear Zone be provided ;, distance :f 2500 feet from the
end of dill instrument approach rung:r.y� , .2 , Federal Government
will not help airports f inane ll.y il"i.0 Federal Aid to
Airports Act UNLESS the aiT in q :er. -,ion has first acquired •
• through soele means (including conci:-cn cio::) the area aasignated
as a Clear Zone (meaning clear of all man made str .tetures) . The
Airport Zoning Ordinance clea:'Iy dirt,_=; s a limitation on building
heights in these areas. WIthin the Clear Zone the effect of the
zoning ordinance is in itself condemning. IE: very limited building
could be allowed in the area called Clear Zone, consequently the
zoning is condemning. Consequently the area is not suitable for
any purpose; neither residential, nor commer - . -_l..r industrial.
The remaining portions o1 Tracts I ar.: .:.;;ts 2 are suitable
generally for commercial or XN.L-3STRIAL ir,:sercial in this
case including rental housing. It is very doubtful that the area
would serve as a owner occucied single family residence area. Permanent
re idents would and should avoid the area as an investment homesite,
d.ae to- thF :roximity of the airport arc, the noise that is made by
incoming and ongoing aircraft, with particular eiiphasis on jet
• aircraft. Guy Smith, Easterwood Airport manager has indicated to
the City Plaune :° that what ever the zoning is decided to be, that
it should not under any circumstances be zoned for residential use,
due to the extreme noise and low flying aircraft. He further revealed
that none of the recently annexed, area north of the airport and
along F. M. 60 and F. M. 2818 should be zoned for residential use
d�e to the noise and low flying aircraft. However, were the area
zoned for industrial use, the absence of water and sewer would be
an' impedeiment to the areas growth as indust::.til. The same holds
true for ANY zoning imposed.
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Planner' s Recommendations
In consideration of:
-Extreme noise hazzard for residential conditions
-Low flying aircraft a hazzard to residential land use
-Property at major highway intersection
-No other commercially zoned property west of the railroad tracts
-Suitable site topography .
-Drains well
-Assuming that property owner will either wait for city sewer and
water or provide same for himself
-Condemnation of approximately 1 acre of Tract #1 and approximately
1. 3 acres of Tract #2 by the Easterwood Airport
-Little need for a total of 24.758 acres of commercially zoned
property west of the railroad. at the present time or within the
forseeable future
-Need for industrial growth and development of areas within the
City of College Station to MATERIALLY INCREASE the economic base
of the community, to provide revenue producing jobs and money
flowing into the community instead of circulating internally
Previously determined suitability and preference of city officials
of the West by-pass as the prime site ,for an industrial development
-Assumption of property owners in vicinity' petitioning or demands g
city water (and sewer)
-Nearness of airport for transportation of products and raw materials
RECOMMEND:
-Approval of Commercial request for Tract # 1 with the exception
• of the 1 acre (approximate) to be condemned by the airport.
-Disapproval of Commercial request for Tract # 2.
-Recommend considering re-zoning tract #2, with the exception
of the 1.3 acre (approximate) to be condemned by the airport,
along with the remainder of the land annexed recently along •
F. M. 60 and F. M. 2818 to District .6, Industrial.
-Not considering the 1 and 1.3 acres (clear zone) ; for re-zoning
to any district since the Federal Government through its Aid to
Airports Act has determined that the areas (the clear zone) is
unsuitable for any use , and must be condemned , by the airport
to provide addequate air traffic safety during the critical
landing and takeoff periods.
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._to r of Instrument ,
\�a P aFh z ne. \ \ `'�
' CCO' For each 500 feet out after
runway end 2.00 feet past end of runway,
Instrument Approach Zone. rises LC
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ORDLR
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OF TIIE
EASTERWOOD JOINT AIRPORT ZONING BOARD
OFTIII;
CITY OF
CITY OF COLLEGE ST::'A IOY
COUNTY OF BRAZOS
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OF
TEXAS
ADOPTING .�':�IR�'01.1,TZONINC ORDINANCE
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AN ORDINANCE REGULATING AND RESTRICTING TILE HEIGHT OF STRUCTURES AND OBJECTS
OP NATURAL GROWTH, AND OTHERWISE REGULATING TILE USE OF PROPERTY, IN TILE V,\_:LN-
ITV OE THE EASTERWOOD AIRPORT BY CREATING AIRPORT APPROACH ZONES, TRANSITION
ZONES. HORIZONTAL ZONE AND CONICAL ZONE, AND ESTABLISHING TILE BOUNDARIES THERE- ,
• Oh"; I'ROVii)ING FOR CHANGES iN THE RESTRICTIONS ANI) BOUNDARIES OF SUCH ZONES; DE-
hINiNG CERTAIN TERMS USED HEREIN; REFERRING TO TIIE EASTERWOOD AIRPORT ZONING ,_
MAP WHICH iS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR
ENFORCEMENT; ESTABLISHING A BOARD OF APPEALS; AND IMPOSING PENALTIES. .
This Ordinance is adopted pursuant to the authority conferred by'the Airport Zoning Act. It is hereby found •
that an airport hazard endangers the lives and property of users of Easterwood Airport and of occupants of
land or to property in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area avail-
able for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of
Easterwood Airport and public investment therein. Accordingly, it is declared. (1) that the creation or estab-
lishment of an airport hazard is a public nuisance and an injury to the region served by Easterwood Airport;
(2) that it is necessary in the interest of the public health, public safety and general welfare that the creation
or establishment of airport hazards be prevented, and: (3) that the prevention of these hazards should be accom-
plished, to the extent legally possible, by the exercise of the police power without compensation. It is further
declared that both the prevention of the creation or establishment of airport hazards and public purposes for
which political subdivisions may raise and expend public funds and acquire land or interests in land. .
IT IS HEREBY ORDAINED BY Easterwood Joint Airport Zoning Board as follows:
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SECTION I: SHORT TITLE (8) LANDING AREA—Means the area of the -
.This Ordinance shall be known and may be cited as Airport used for the landing, taking off or
"Easterwood Airport Zoning Ordinance." taxiing of aircraft.
SECTION II: DEFINITIONS , ' (9) NONCONFORMING USE—Means any pre-
existing structure, tree, natural growth or •
As used in this Ordinance, unless the context other• use of Zane, which.is inconsistent with the
provisions of this Ordinance or an amend-
- wise requires: ment thereto.
(1) AIRPORT—Means Easterwood Airport (10) NONINSTRUMENT RUNWAY—Means a
• (2) AIRPORT ELEVATION—Means the estab• r runway other than an instrument runway.
lisped elevation of the highest point on the (11) PERSON—Means an individual, firm, art•
usable landing area. nership, corporation, company, association,
(3) AIRPORT HAZARD—Means any structure, joint stock association, or body politic, and
tree or use of land which obstructs the air- ' includes a trustee, receiver, assignee, admin.
' space required for, or is otherwise hazardous istrator, executor, guardian, or other repre• . '
1 • to, the flight of aircraft in landing or taking sentative.
off at the airport. .. 12 RUNWAY—Means the( ) paved surface of an
(4) AIRPORT REFERENCE POINT—Moans airport landing strip.
tla; point established as the approximate geo• (13) STRUCTURE—Means an object constructed
graphic center of the airport landing area or installed byman, including, but without
and so designated.
limitation, building, towers, smokestacks,
(5) BOARD OF ADJUSTMENT—M e a n s a and overhead transmission lines.
board consisting of 5 members appointed by
the Easterwood Joint Airport Zoning, Board (14) TREE---Means any object of natural growth.
as provided in the Airport Zoning Act.
(6) HEIGHT—For the purpose of determining SECTION III: ZONES
the height limits in all zones set forth in this ' •
Ordinance and shown on the zoning map, In order to carry out the provisions of this Ordinance,
• the datum shall be mean sea level elevation ; there are hereby created and established certain zones -
unless otherwise specified. , . which include all of the land lying within the instru-
ment approach zones, noninstrument approach zones,
(7) INSTRUMENT RUNWAY—Means a rune transition zones, horizontal zone and conical zone.
way equipped or to be equipped with apre- Such areas and zones are shown on Easterwood Air-
cision electronic navigation aid or landing , port Zoning Map consisting of one sheet, prepared by
aid or other air navigation facilities suitable North Bardell, and dated January 17th, 1968, which
to permit the landing of aircraft by an in• is attached to this Ordinance and made a part hereof.
ak
VI strument approach under restricted visibility The various zones are hereby established and defined
conditions. as follows:
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(1) INSTRUMENT APPROACH ZONE-An ' •(4) HORIZONTAL ZONE —A horizontal zone is
instrument npproach zone is established at • hereby established as the area within a circle
• each end of the instrument runway for in-, • with its center at the Airport Reference Point
strument landings and takeoffs. The instru- and having a radius of 11,500 feet. The
• meat approach zones shall have a width of horizontal zone does not include the instru-
ment feet at a distance of 200 feet beyond • and noninstrument approach zones and
each end of the runway, widening thereafter the transition zones.
uniformly to a width of 16,000 feet at a dis-
tance of 50,200 feet beyond each end of the (5) CONICAL ZONE—A conical zone is hereby
runway, its centerline being the continuation established as the area that commences at the
of the centerline of the runway. periphery of the horizontal zone and extends
outward therefrom a distance of 7,000 feet.
(2) NONiNSTRUMENT APPROACH ZONE— . The conical zone does not include the instru-
A. noninstrument approach zone is estab- • meat approach zones and transition zones.
lished at each end of all noninstrument run-
ways for noninstrument landings and take- SECTION IV: HEIGHT LIMITATIONS
offs. The noninstrument approach zone Except as otherwise provided in this Ordinance, no
shall have a width of 500 feet at a distance structure or tree shall he erected, altered, allowed to
• of feet beyond each of the runways, grow, or maintained in any zone created by this wideningOrdi-
thereafter uniformly to a width of nance to a height in excess of the height limit herein
2,500 feet at a distance of 10,200 feet beyond established for such zone. Such height limitations are
each end of the runway, as cerac:i,ae being •• hereby established for each of the zones in question as
the continuation of the centerline of the follows:
runway. .
• (1 INSTRUMENT APPROACH ZONE—One
(3) TRANSITION ZONES Transition zones . ' (1) foot in height for each fifty (50) feet in
• are hereby established adjacent to each in- horib.oe.tal distance beginning at a point 200
strument and noninstrument runway and feet from.and at the centerline elevation of •
approach zone as indicated on the zoning the end of the instrument runway and ex-
map. Transition zones symmetrically lorat- • tending to a distance of 10,200 feet from
ed ion either side of runways have variable the end of the runway; thence one (1) foot .
widths as shown on the zoning map. Tran- in height for each forty (40) feet in hori-
sition z.,nes extend outward from a line 250 zontal distance to a point 50,200 feet from
• feet on either side of the centerline of the the end of the runway;
noninstrument runway, for the length of such
runway plus 200 feet on each end; and 500 ' (2) NONINSTRUMENT APPROACH ZONES
• feet on either side of the centerline of the —One (1) foot in height for each forty (40)
. instrument runway, for the length of such feet in horizontal distance beginning at a
• runway plus 200 feet on each end, and are point 200 feet from and at the centerline ele-
parallel and level with such runway center- ' \' ' vation of the end of the noninstrument run-
lines. The transition zones along such run- : way and extending to a point 10,200 feet
ways slope upward and outward one (1) foot . , from the end of the runway;
vertically for each seven (7) feet horizontally
to the point where they intersect the surface (3) TRANSITION ZONES—One (1) foot in
of the horizontal zone. Further, transition height for each seven (7) feet in horizontal
zones are established adjacent to both in- • •. ' distance beginning at any point 250 feet .
strument and noninstrument approach zones . normal to and at the elevation of the cen-
' for the entire length of the approach zones. terline of noninstrument runways, extending
These transition zones have variable widths, . , 200 feet beyond each end thereof, and 500
as shown on the zoning map. Such transi- •- feet normal to and at the elevation of the
tion zones flare symmetrically with either • ..• centerline of the instrument runway, extend•
side of the runway approach zones from the • . ' • ing 200 feet beyond each end thereof, ex-
base of such zones and slope upward and ' f • tending to a height. of 150 feet above the
outward at the rate of one (1) foot vertically S , ' . airport elevation which is 319 feet above
• for each seven (7) feet horizontally to the mean sea level. In addition to the foregoing,
• points where they intersect the surfaces of ' • • ' there are established height limits of one (1)
the horizontal and conical zones. Addition- '. foot vertical height for each seven (7) feet
ally, transition zones are established adjacent \ horizontal distance measured from the edges
to the instrument approach zone where it of all approach zones for the entire length
protects through and beyond the limits of the of the approach zones and extending upward
conical zone, extending a distance of 5,000 and outward to the points where they inter-
feet measured horizontally from the edge of sect the horizontal or conical surfaces. FuT-
the instrument approach zones at right angles - • ther, where the instrument approach zone
. to the continuation of the centerline of the projects through and beyond the conic.`.
runway. zone,'a height limit of one (1) foot for each
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seven (7) feet of horizontal distance shall be SECTION VII: PERMITS
maintained beginning at the edge of the in.
strunient approach zone and extending a Paragraphs
Future Uses. Except as specifically provided
distance of 5,000 feet from the edge of the in aragraphs 1, 2, and 3 hereunder, no material
• instrument approach zone measured normal to the centerline of the runway extended; change shall be made in the use of land and no struc-
ture or tree shall be erected, altered, planted or other-
wise established in any zone hereby created unless a
(4) I}ORiZONTAL ZONE—One hundred fifty permit therefor shall have been applied for and grant- '
. (150) feet above the airport elevation or a' •' ed. Each application for a penuit shall indicate the
• height of 469 feet above mean sea level; . • purpose for which the permit is desired, with sufficient
• ., particularity to permit it to be determined whether the •• ,
• (5) CONICAL ZONE One (1) foot in height resulting use, structure or tree would conform to the ,
for each twenty (20) feet of horizontal dis• regulations herein prescribed. If such determination
• twice beginning at the periphery of the hori• is in the affirmative, the permit shall be granted.
zontal zone, extending to a height of 500 feet
• above the airport elevation; and (1) In the area lying within the limits of the •
• horizontal zone and the conical zone, no per-
(6) EXCEPTED 1iEiGiIT LIMITATIONS— mit shall be required for any tree or struc-
Nothing in this Ordinance shall be construed lure less than 75 feet of vertical height above
as prohibiting the growth, construction or the ground, except when because of terrain, •
maintenance of any tree or structure to a • land contour or topographic features such
• • height up to 45 feet above the surface of tree or structure would extend above the
the land. height limits prescribed for such zone. .
Where an area is covered by more than one (1) height (2) in the areas lying within the limits of the
limitation, the more restrictive limitations shall prevail. instrument and noninstrument approach
zones but at a horizontal distance of not less
SECTION V: USE RESTRICTIONS than 4,200 feet from each end of the run-
ways, no permit shall be required for any •
Not withstanding any other provisions of this Ordi• tree or structure less than 75 felt of vertical
dance, no use may he made of label within arty zotie height ahbtre the gi-otliid, except ivheii silt ii
established by this Ordinance in such a manner as to tree or structure would extend above the
create electrical interference with radio communica- height limit prescribed for such instrument
tion between the airport and aircraft, make it difficult or noninstrument approach zone.
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for flyers to distinguish between airport lii,ri ,; and
others, result in glare in the eyes of flyers using the (3) In the 'areas lying within the limits of the
airport, impair visibility in the vicinity of the airport transition zones beyond the perimeter of the
or otherwise endanger the landing, taking off, or ma• horizontal zone, no permit shall be required
• neuvcring of aircraft. for any tree or structure less than 75 feet of
vertical height above the ground except when
SECTION VI: NONCONFORMING USES such tree or structure, because of terrain, ' • ' • •
land contour or topographic features would
(a) Regulations not Retroactive. The regula• extend above the height limit prescribed for
lions prescribed by this Ordinance shall not be con- such transition zones. •
strued to require the removal, lowering, or other Nothing contained in any of the foregoing exceptions
changes or alteration of any structure or tree not con- shall be construed as permitting or intending to per-
forrning to the regulations as of the effective date of• mit any construction, alteration or growth of any
this Ordinance, or otherwise interfere with the con-
structure or tree in excess of any of the height limits •
tinuance of any nonconforming use. Nothing herein established by this Ordinance except as set forth in
contained shall require any change in the construction, • Section IV.
alteration, or intended use of any structure, the con-
struction or alteration of which was begun prior to the • (b) Existing Uses. No permit shall be granted
effective date of this Ordinance, and is diligently that would allow the establishment or creation of an
prosecuted. airport hazard or permit a nonconforming use, struc •
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ture, or tree to be made or become higher, or become
(b) Marking and Lighting. Notwithstanding a greater hazard to air navagation, than it was on the
the preceding provisions of this Section, the owner of • effective date of this Ordinance or any amendments
any nonconforming structure or tree is hereby required • . . thereto or than it is when the application for a permit •
to permit the installation, operation, and maintenance is made. Except as indicated, all applications for such
thereon of such markers and lights as shall be deemed a permit shall be granted.
necessary by the Administrative Agency to indicate to •..
the operators of aircraft in the vicinity of the airport, . (c) Nonconforming Uses Abandoned or De-
the presence of such airport hazards. Such markers stroyed. Whenever the Administrative Agency deter-
and lights shall be installed, operated, and maintained mines that a nonconforming si.- ..,.ure or tree has been
Al
it
the expense of the political subdivision within whose abandoned or more than 80 percent torn down, physi-
oundaries the structure or tree is located. cally deteriorated, or 'decayed, no permit shall be
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granted that would allow such structure or trecc'to (b) The Board of Adjustment shall consist of
exceed the applicable height limit or otherwise deviate • five (5) members, each to be appointed for a term of
from the zoning regulations. two (2) years and removeal>le for cause by the Eas-
. terwood Joint Airport Zoning Board upon written
. (d) Variances. Any person desiring to erect or charges and after public hearing. Of the members
increase the height of any structure, or permit the first appointed, three (3) shall be appointed for a
growth of any tee, or use his property, not in accord• term of two (2) years and two (2) appointed for a
once with the re;ulations prescribed in this Ordinance, term of ono (1) year. Thereafter, each member ap-
i may apply to the Board of Adjustment for a variance . pointed shall serve for a dorm of two (2) years or '
from such regulations. Such variances shall be al- until his successor is duly appointed and qualified. •
lowed where it is duly found that a literal application
• or enforcement of the regulations would result in prim (c) The concurring vote of four (4) members of
tical difficulty or unnecessary hardship and the relief the Board shall be necessary to reverse any order,
granted would not be contrary to the public interest requirement, decision, or determination of the Admin-
but will do substantial justice and be in accordance istrative Agency, or to decide in favor of the applicant
with the spirit of this Ordinance. on any matter upon which it is required to pass under
the Airport Zoning Regulations, or to effect any varia-
(c) Hazard Marking and Lighting. Any permit Lion in such regulation.
or variance ;ranted may, if such action is deemed : •
advisable to effectuate the purpose of this Ordinance ' (d) The Board of Adjustment shall make written •
... and be reasonable in the circumstances, be so condi- findings of all fact and conclusions of law giving the
tioned as to require the owner of the structure or tree • facts upon which it acted and its legal conclusions
in question to permit the political subdivision within from such facts in reversing, affirming, or modifying
whose boundaries the structure or tree is located, at any order, requirement, decision, or determination
its own expense, to install, operate, and maintain there- which comes before it under the provisions of this
on such markers and lights as may be necessary to Ordinance. .
indicate to flyers the presence of an airport hazard.
SECTION XI: APPEALS
SECTION VIII: ADMINISTRATIVE 4a, Any person aggrieved, or any taxpayer af-
AGENCY lector], by any decision of the Administrative Agency
The Easterwood Joint Airport Zoning Board is hereby • made in his administration of this Ordinance, may
. designated the administrative agency charged with the appeal to the Board of Adjustment.
duty of administering and enforcing the regulations' (b; All appeals hereunder must be taken within
• herein prescribed. The duties the ,,aint Airport a reasonable time as provided by the rules of the
Zoning Board shall include that o: hearing and deck:• Board of Adjustment, by filin 'specifying
with the Administra-
ing all permits under Section 7, but the Easterwood • tive Agencya notice of appeal s pecif ing the grounds •
Joint Airport Zoning Board shall not have or exercise thereo . The Administrative Agencyy shall forthwith
any of the powers or duties herein delegated to the . transmit to the Board of Ad:ustment all the papers
Board of Adjustment. constituting the record upon which the action appealed
from was taken.
SECTION IX: ENFORCEMENT (c) An appeal shall stay all proceedings in fur-
It shall be the duty of the Administrative Agency to therance of the action appealed from, unless the Ad- •
administer and enforce the regulations prescribed ministrative Agency certifies to the Board of Adjust-
herein. Applications for permits and variances shall ment, after the notice of appeal has been filed with it,
be made to the Administrative Agency upon a form that by reason of the facts stated in the certificate a
furnished by it. Applications required by this Ordi- ' stay would, in his opinion, cause imminent peril to
Hance to be submitted to the Administrative Agency the life or property. In such case, proceedings shall
shall be promptly considered and granted or denied not be stayed except by order of the Board of Adjust- •
• by it. Applications for action by the Board of Ad- • ment on notice to the Administrative Agency.
justment shall be forthwith transmitted by the Admin •
-
istrative Agency. (d) The Board of Adjustment shall fix a reason-
able time for hearing appeals, give public notice and
• due notice to the parties in interest, and decide the
SECTION X: BOARD OF ADJUSTMENT same within a reasonable time. Upon the hearing any
party may appear in person or by agent or by attor-
(a) There is hereby created a Board of Adjust- ney.
ment to have and exercise the following powers: .
(1) to hear and decide appeals from any order, re- (e) The Board of Adjustment may, in c •.formity
quircment, decision, or determination made by the with the provisions of this Ordinance, reverse or af-
Administrative Agency in the enforcement of this Or- firm, in whole or in part, or modify the order, re-
dinance; (2) to hear and decide special exceptions quircment, decision or determination appealed from
to the terms of this Ordinance upon which such Board and may make such order, requirement, decision, or
• of Adjustment under such regulations may be required determination, as may be appropriate under the cir-
to pass; (3) to hear and decide specific variances. cumetances.
6 ,
I.
a
s •
SECTION XIi: JUDICIAL REVIEW ho given effect without the invalid provision or appli-
cation,and to this end the provisions of this Ordinance
Any person aggrieved, or any taxpayer affected,, by are declared to be severable.
• any decision of the Board of Adjustment, may appeal . .
to the Court of Record as provided in Section 46e•11 SECTION XV: EFFECTIVE DATE
of Vernons Texas Civil Statutes.
WHEREAS, the immediate operation of the provisions
SECTION XIII: CONFLICTING ' of this Ordinance is necessary for the preservation of
REGULATIONS the public health, public safety and general welfare,
an EMERGENCY is hereby declared to exist, and this• .
Where there exists a conflict between any of the regu- Ordinance shall he in full force and effect from and •
lations or limitations prescribed in this Ordinance and after its passage by the Easterwood Joint Airport Zon-
any other regulations applicable to the same area, ing Board and publication and posting as required by
whether the conflict be with respect to the height of law. Adopted by the Easterwood Joint Airport Zoning
structures or trees, the use of land, or any other mat- Board this 20th day of February, 1968.
ter, the more stringent limitation or requirement shall
govern and prevail.
EASTERWOOD JOINT AIRPORT ZONING BOARD
SECTION XIV: SEVERABILITY /
If any of the provisions of this Ordinance or the ap- 1 /04
' plication thereof to any person or circumstances is t
held invalid, such invalidity shall not affect other H. G. Smith
provisions or applications of the Ordinance which can Chairman
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