The text
Footnotes:
--- (1) --- Editor's note— Ord. No. 2026-23, § 2(Exh. A), adopted June 23, 2026, amended chapter 18 in its entirety to read as herein set out. Former chapter 18, §§ 18-1—18-117, pertained to similar subject matter, and derived from the 1979 Code, ch. 11, § 3; Ord. No. 87-28, §§ 1, 2, 3, 4, 5, 6, 7, 8, adopted Dec. 8, 1987; Ord. No. 90-4, § 1, adopted Feb. 13, 1990; Ord. No. 2004-18, § 1, adopted Sept. 28, 2004; Ord. No. 2004-25, § 2, adopted Nov. 23, 2004; Ord. No. 2006-14, § 2, adopted June 27, 2006; Ord. No. 2006-21, §§ 1, 10, 11, 12, 13, 14, 15, 16, 16, 2, 3, 4, 5, 7, 8, 9, adopted Aug. 22, 2006; Ord. No. 2011-18, § 1, adopted Jan. 10, 2011; Ord. No. 2013-03, § 1, adopted Feb. 26, 2013; Ord. No. 2016-08, § 2, adopted May 24, 2016; Ord. No. 2019-22, § 2, adopted Sept. 24, 2019; Ord. No. 2022-33, § 2, adopted Aug. 9, 2022.
Cross reference— Administration, ch. 2; businesses, ch. 26; civil emergencies, ch. 38; fire prevention and protection, ch. 46; traffic and vehicles, ch. 106.
State Law reference— Aeronautics, Vernon's Ann. Civ. St. art. 46c-1 et seq.; municipal airports, Vernon's Ann. Civ. St. art. 46d-1 et seq.; annexation of municipally owned airport, V.T.C.A., Local Government Code § 43.102; airport zoning, V.T.C.A., Local Government Code § 241.001 et seq.; obstruction to air navigation control, Vernon's Ann. Civ. St. art. 46i-1 et seq.; airport maintenance and operation, Vernon's Ann. Civ. St. art. 1269h.
ARTICLE I. - GENERAL PROVISIONS#
Sec. 18-1. - Short title.#
This chapter 18 may be referred to as the aviation rules.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-2. - Scope.#
To the extent allowed under federal and state law this chapter regulates all aspects of aviation activities within the jurisdictional limits of the city.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-3. - Joint airport zoning board.#
The term of the joint airport zoning board expired pursuant to the terms of Ordinance No. 2006-21 passed and approved by city council on August 22, 2006.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-4. - Airport advisory board.#
There is hereby established an airport advisory board. (1)
Name. The Burnet Municipal Airport Advisory Board.
(2)
Purpose. The purpose of this standing committee is to provide advice and recommendations to the administrator related to the operation and development of the airport.
(3)
Composition. There shall be no more than seven regular voting members.
(4)
Appointment. Members of the Burnet Municipal Airport Advisory Board shall be appointed in accordance with section 2-41(c)(2) of the City of Burnet Code of Ordinances.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-5. - Enforcement.#
This chapter may be enforced by criminal penalty or civil action as prescribed in City Code section 1-6(a)
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-6. - Definitions.#
The definitions stated in City Code section 1-2 are incorporated herein. In addition, in the application of this chapter, and all airport-related governing documents including the Burnet Municipal Airport Standards and Operating Policy, the words in italics (italics) shall have the meanings that follow:
Advisory board means the Burnet Municipal Airport Advisory Board.
Administrative agency means the appropriate person or office of a political subdivision which is responsible for the administration and enforcement of the regulations prescribed herein. In appropriate context the term refers to city, the state, FAA, local and state fire marshals, and such unnamed political subdivisions that may have authority over certain aspects of operation and management of the airport.
Administrator means the city manager; or such person as the city manager may designate to assume administration of (i) this chapter, (ii) components hereof, or (iii) policies adopted pursuant to division 2 herein.
Aeronautical activity means any activity or service commonly conducted at airports that involves, makes possible, facilitates, is related to, assists in, or is required for the operation of Aircraft.
Aeronautical service means any aeronautical activity provided by an entity under an airport lease, sublease, license, permit, or agreement authorizing the provision of such service.
Agreement means a written contract between the city and another party stating the terms and conditions by which said party may lease real property or engage in an aeronautical activity or service.
Aircraft means any contrivance now known or hereafter invented which is used or designed for navigation of or flight in air, whether manned or unmanned, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. This includes, but is not limited to, airplanes, airships, balloons, dirigibles, rockets, helicopters, gliders, gyrocopters, ground-effect machines, sailplanes, amphibians, and seaplanes.
Aircraft maintenance means the repair, adjustment, maintenance, alteration, preservation, and/or inspection of aircraft airframe, powerplant, propeller, or other accessories, including the replacement of parts. "Major repairs" include repairs or alterations as defined by 14 C.F.R. Part 43, appendix A or appendix B, (B) which requires or required the issuance of an FAA Form 337 if completed by a repair station other than the manufacturer (or its equivalent, and whether or not an FAA Form 337 has actually been issued), or (C) an alteration or repair, which alteration or repair constituted or would constitute a "major repair" as such term is defined in 14 C.F.R. Part 43, appendix A, subparagraph (b) and/or recorded in a manner prescribed by 14 C.F.R. Part 43, appendix A, subpart (b). Minor repairs include normal, routine annual inspection, calibration, or adjustment of aircraft airframe or powerplant and associated accessories other than major repairs.
Airport user means any person, tenant, aircraft or commercial operator, aircraft pilot, or visitor utilizing the airport or its facilities.
Preventive maintenance means simple or minor preservation operations and the replacement of small standard parts not involving complex assembly operations.
Aircraft operator means a person who uses, causes to be used, or authorizes to be used an aircraft, with or without the right of legal control (as owner, operator, or otherwise), for the purpose of air navigation or flight including the piloting of aircraft, or on any part of the surface of the airport.
Airframe and powerplant mechanic means a person, certificated by the FAA, that performs and/or supervises the maintenance, preventive maintenance or alteration of an aircraft or appliance, or a part thereof, for which he/she is rated, and may perform additional duties in accordance with applicable regulatory measures.
Airport means the Burnet Municipal Airport, Kate Craddock Field, Burnet, Texas; including the ultimate development of that facility.
Airport elevation means the established elevation of the highest point on the runway either existing or planned, at the airport measured in feet above mean sea level (MSL). The elevation of the Burnet Municipal Airport, Kate Craddock Field Airport is 1284.1 feet above mean sea level (MSL).
Airport hazard means any structure, tree, or use of land which obstructs the airspace required for the flight of aircraft or obstructs or interferes with the control, tracking, and/or data acquisition in the landing, takeoff, or flight at an airport or any installation or facility relating to flight, tracking, and/or data acquisition of the flight craft; is hazardous to, interferes with, or obstructs such landing, takeoff, or flight of aircraft; or is hazardous to or interferes with tracking and/or data acquisition pertaining to flight and flight vehicles.
Airport layout plan (ALP) means the version of a drawing, most currently approved by TxDOT Aviation, and depicting the physical layout of the airport and identifying the location and configuration of current and proposed runways, taxiways, buildings, roadways, utilities, navaids, and related structures, facilities, and improvements.
Airport operations area (AOA) means a restricted area of the airport, either fenced or posted, where aircraft are parked or operated, or operations not open to the public are conducted. Areas include, but are not limited to, the aircraft ramps and aprons, hangar areas, taxiways, runways, safety areas, and contiguous areas delineated for the protection and security of the airport.
Approach surface means a surface longitudinally centered on the extended runway centerline, extending outward and upward from each end of the primary surface and at the same slope as the approach zone height limitation slope set forth in section 18-105 of this chapter. In plain view, the perimeter of the approach surface coincides with the perimeter of the approach zone.
Approach, conical, horizontal and transitional zones means these zones are set forth in section 18-104 of this chapter.
Board of adjustment means the board appointed by city council pursuant to Texas Local Government Code section 211.008
City means the City of Burnet, Burnet County, Texas.
City council means the elected governing body of the city.
City manager means the person city council appoints to serve such role.
Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally for each one foot vertically for a horizontal distance of 4,000 feet.
Commercial operator means a person whose intended airport or Aircraft operations purpose is primarily for securing revenue, earnings, income, and/or compensation (including exchange for service), and/or profit, whether or not such objectives are accomplished. A person who exchanges, trades, buys, hires, provides, or sells commodities, goods, services, or property on the airport is included in the meaning of commercial operator. Commercial operators include, but are not limited to, fixed base operators (FBOs) and specialized aviation service operators (SASOs).
Compliance, the term compliance is applicable to all Operators and means the abidance to all laws, rules, regulations, guidelines, terms, and conditions of all administrative entities, in regard to the use and storage of pesticides, or other dangerous chemicals, the storage and dispensing of aircraft fuel, the storage, dispensing, and disposal of engine oil, the maintenance and upkeep of the airport facilities, the operation of the operator's business, and the general safety and operation of the airport and aircraft operations conducted at the airport.
Costs means the city's actual acquisition costs for AvGas and jet fuel, including, but not be limited to, the price the city pays to the distributor, merchant credit card fees, taxes, flowage fees, and any other charges applied by the fuel supplier.
FAA means the Federal Aviation Administration.
FBO means a fixed base operator, who is a commercial operator authorized by the city to provide multiple aeronautical services to the public, which includes aircraft fueling, and other required services as defined in the Airport Standards And Operating Policy.
Fee schedule means the rates and charges city council establishes for operations conducted at the airport as codified in the City Code appendix B (entitled "Fee Schedule"), Section B6-18 (entitled "Aviation").
FAR means the Federal Aviation Regulations found at 14 C.F.R. §§ 1-399, and as may be amended.
Fuel means all flammable liquids composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating an internal combustion, jet or turbine engine. This shall include any substance (solid, liquid or gaseous used to operate any engine, which shall include aircraft or vehicles.
Fueling means the transportation, sale, delivery, dispensing, storage, or draining of fuel or fuel waste products to or from aircraft, vehicles, or equipment.
Fueling equipment means equipment installed and/or used in self-fueling, including fuel storage tanks, pumps, pining, and associated equipment such as filters, water separators, hydrants, dispensing equipment and station.
Grant assurance means any obligation undertaken by a public airport sponsor as a condition of receipt of a federal airport improvement program grant.
Hazard to air navigation means an obstruction or use of land determined to have a substantial adverse effect on the safe and efficient utilization of navigable airspace.
Height means for the purpose of determining the height limits in all zones set forth in these regulations and shown on the hazard zoning map, the datum shall be height above mean sea level (MSL) elevation as measured in feet.
Horizontal surface means a horizontal plane 150 feet above the established airport elevation which in plain view coincides with the perimeter of the horizontal zone.
Improvements means all buildings, structures, facilities, including pavement, concrete, fencing, signs, lighting, and landscaping, constructed, installed, or placed on, under, or above any land on the airport.
Landing area means the surface area of the airport used for the landing, take-off or taxiing of aircraft.
Lease applicant means an entity who has completed an application for a lease of a storage hangar and paid the applicable application fee.
Lessee means an entity who is granted certain operating rights at the airport, to the extent such rights are specified by agreement.
Minimum standards means, as set forth in this chapter or in a policy adopted pursuant to this chapter, those criteria, qualifications, requirements, and standards, that must be met as a condition to obtain and retain the right or privilege to engage in aeronautical activities or services at the airport.
Non-aviation vehicles means any vehicle that is not an aircraft, or an aircraft tug or tow tractor. The term "non-aviation vehicles" includes, but is not limited to, cars, motorcycles, trucks, trailers, motor homes, and watercraft.
Non-precision instrument runway means a runway having an existing instrument approach procedure utilizing air navigation facilities or other equipment that provides only horizontal guidance or area type navigation equipment. This also includes a runway for which a non-precision instrument approach procedure has been approved or planned. Runway 1—Runway 19 at the Airport are considered non-precision instrument runways.
Obstruction means any structure, tree, or other object, including a mobile object, which exceeds a limiting height set forth in section 18-105 of this chapter or is an airport hazard.
Operator means person that has entered into an agreement with the airport or has subleased office, shop, hangar, or land located on the airport to engage in aeronautical activities or services (commercial or non-commercial), and who shall be subject to the minimum standards set forth herein.
Other than utility runway means a runway designed for and intended to be used by propeller driven aircraft of more than 12,500 pounds maximum gross weight and jet or turbine powered aircraft. Runway 1—Runway 19 at the airport is considered an other than utility runway.
Permittee means a person who holds a permit issued under this chapter or the Airport Standards and Operating Policy.
Person means an individual, sole proprietorship, joint venture, partnership, limited partnership, limited liability company, corporation, or any similar entity authorized under the laws of the state to enter into a binding agreement.
Precision instrument runway means a runway having an existing instrument approach procedure utilizing air navigation facilities or other equipment which provide both horizontal and vertical guidance. This also includes a runway for which a precision instrument approach procedure has been approved or planned.
Premises means a parcel of land and the improvements on it.
Primary surface means a 500-foot-wide surface longitudinally centered on the runway extending the full length of the ultimate runway configuration plus 200 feet beyond each ultimate end of the runway. The elevation of any point on the primary surface is the same as the nearest point on the existing or ultimate runway centerline.
Private flying club means a private non-commercial organization, whose members own equal shares in the organization, established to promote flying, develop skills in aeronautics, air navigation, and appreciation of aviation requirements.
Ramp or apron means an area of the airport within the AOA designated for the loading, unloading, servicing, or parking of aircraft.
Regulatory measures means any administrative agency law, statute, code, ordinance, policy, standard, rule, or regulation as may be in existence, hereafter enacted, and amended from time to time, and which are applicable to the use of the airport and an operator's activities, operations, or utilization of any leased Premises thereon.
Runway means a defined area on the airport prepared for the landing and taking off of aircraft along its length.
Specialized aviation service operator (SASO) means a commercial operator that provides one or more aeronautical services on the airport but does not provide fueling services required of an FBO.
Self-fueling means fueling (i) by the permittee, (ii) of aircraft owned by the permittee or exclusively leased by the permittee for one year or more, (iii) using fueling equipment owned by the permittee, (iv) using resources acquired by the permittee, and (v) subject to the restrictions set forth in the Airport Standards and Operating Policy.
Self-fueling permit means an executed written agreement between a permittee and the airport authorizing self-fueling.
Short term tie-down means the use of tie-down spaces for less than seven consecutive days but not more than 15 non-consecutive days in any given month.
State means the state of Texas.
Storage hangars means T-hangars, sun shelters, large box hangars or apron space (tie-downs) owned by the airport.
Structure means an object, including a mobile object, constructed or installed by man including, but where such object is not limited to, buildings, towers, cranes, smokestacks, poles, earth formations, overhead power lines, and traverse ways. Traverse ways are considered to be the heights set forth in 14 C.F.R. Part 77.23.
Substantial change means any change that constitutes more than five percent change in the current height or location of any structure.
Transitional surfaces means surfaces extending perpendicular to the runway centerline and the extended runway centerline outward from the edges of the primary surface and the approach surfaces at a slope of seven feet horizontally for each one foot vertically to where they intersect the horizontal surface. Transitional surfaces for those portions of the precision approach surface which extend through and beyond the limits of the conical surface extend at a slope of seven feet horizontally for each one foot vertically for a distance of 5,000 feet measured horizontally from either edge of the approach surface and at 90 degrees to the extended runway centerline.
Through-the-fence operation means direct access to the airport from private property located contiguous and adjacent to the airport which provides access to the airport's runway and taxiway system or other infrastructure.
Tree means any type of flora and an object of natural growth.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Secs. 18-7—18-20. - Reserved.#
ARTICLE II. - MUNICIPAL AIRPORT#
DIVISION 1. - GENERAL#
Sec. 18-21. - Use restricted.#
No Entity, incorporated or otherwise, shall use the Airport for any commercial activity, unless approved by a written permit from the City Council or the Administrator.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-22. - Knowledge of article rules implied by printing and posting.#
By publication of the caption of an ordinance enabling this article, as required by law, and the publication of this article on the City of Burnet's official website, all persons having equipment based at the airport will be deemed to have knowledge of its contents. The administrator is directed to print and post, or cause to be printed and posted, copies of this article where appropriate. Copies will be available during normal business hours in the office of the city secretary, and upon request, copies will be furnished by mail to aircraft owners and aircraft operators based at the airport. The copying costs shall be borne by the requester at the rate fixed by law.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-23. - Conflict of article provisions with FAR.#
If and to the extent there is conflict in this chapter and the FAR, the latter shall prevail.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Secs. 18-24—18-30. - Reserved.#
DIVISION 2. - AIRPORT ADMINISTRATION.#
Sec. 18-41. - Scope.#
This division 2 shall apply to articles I, II, and IV of this chapter as well as any policies city council may adopt to assist in the governance of the airport.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-42. - Administrator.#
The city manager shall serve as the administrator of the airport. The city manager may delegate such responsibility to an employee under his or her supervision and may designate said employee as the airport manager. Within this chapter, and any policy adopted pursuant to this chapter, the term "administrator" shall refer to the city manager or the city manager's designee as the case may be.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-43. - Airport standards and operating policy.#
City council by ordinance or resolution may adopt a policy which shall serve to provide further governance of airport operations and standards. In the event of a conflict between this chapter and such policy this chapter shall prevail.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-44. - Interpretation.#
The administrator is vested with the authority to interpret the provisions set out in this chapter as well as the policies adopted by reference in this division.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-45. - Dispute resolution.#
City council is vested with the authority to resolve any disputes, disagreements, or conflicts between an FBO, SASO, or other commercial operator and any party; and city council's resolution shall be final and binding.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Secs. 18-46—18-50. - Reserved.#
DIVISION 3. - COMMERCIAL OPERATORS.#
Sec. 18-51. - FBO requirements.#
A commercial operator may serve as an FBO; provided that the commercial Operator complies with applicable requirements of this chapter and the Airport Standards and Operating Policy adopted by ordinance of resolution pursuant to this chapter.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-52. - SASO requirements.#
A commercial operator may serve as an SASO; provided that the commercial operator complies with applicable requirements of this chapter and the Airport Standards and Operating Policy adopted by ordinance or resolution pursuant to this chapter.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Secs. 18-43—18-50. - Reserved.#
DIVISION 4. - AIRPORT NUISANCES#
Sec. 18-61. - Restricted nuisances.#
(a)
It is hereby declared that certain activities on or within 100 feet of the airport or the taxiways of the airport constitutes a nuisance to aircraft utilizing the taxiways and runways and are hereby prohibited:
(1)
Outdoor laser or other high intensity light shows;
(2)
Tethered or free balloon, kite or model aircraft operations, antenna structures or any other vertical obstacle or fireworks displays higher than 20 feet above ground level;
(3)
Harboring, feeding or keeping of any species of bird or deer;
(4)
Constructing or maintaining a structure, land use practice or human-made or natural geographical feature that can attract or sustain hazardous wildlife within the landing or departure airspace, aircraft movement area, loading ramps or aircraft parking areas as further defined in FAA Advisory Circular AC 150/5200-33;
(5)
Posting, attaching or placement of signs, flyers or other similar object to the interior or exterior fence surrounding the airport.
(b)
It shall be unlawful to drive or operate aircraft upon a public street. Driving or operating of aircraft, on the ground, shall be restricted to designated taxiways, runways and paved areas designated on the airport.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Secs. 18-62—18-70. - Reserved.#
ARTICLE III. - RESERVED#
Secs. 18-71—18-100. - Reserved.#
ARTICLE IV. - AIRPORT HAZARD ZONING REGULATIONS#
Sec. 18-101. - Short title.#
These regulations shall be known and may be cited as the "Burnet Municipal Airport Hazard Zoning Regulations."
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-102. - Reserved.#
Sec. 18-103. - Administrative agency.#
The city manager for the City of Burnet, or his/her designee, shall be the official responsible for the administration and enforcement of the airport height hazard zoning regulations and to hear and decide all applications for permits. The office of the city manager is hereby designated as the administrative agency.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-104. - Zones.#
In order to carry out the provisions of these regulations, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, conical surface, horizontal surface, and transitional surfaces as they apply to the airport. Such surfaces are shown on the Burnet Municipal Airport, Kate Craddock Field Airport Hazard Zoning Map prepared by the Texas Department of Transportation, Aviation Division, dated June 2006, consisting of one sheet which is hereby attached to these regulations and made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: (1)
Approach zones. Approach zones are hereby established beneath the approach surfaces at each end of runway 1-19 at the airport for any other than utility runway with non-precision instrument approaches and landings. The approach surface shall have an inner edge of 500 feet, which coincides with the width of the primary surface, at a distance of 200 feet beyond each runway end, widening thereafter uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet beyond the end of the primary surface. The centerline of the approach surface is the continuation of the centerline of the runway.
(2)
Conical zone. A conical zone is hereby established beneath the conical surface at the Airport which extends outward from the periphery of the horizontal surface for a horizontal distance of 4,000 feet.
(3)
Horizontal zone. A horizontal zone is hereby established beneath the horizontal surface at the airport which is a plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 10,000 feet radii from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs.
(4)
Transitional zone. Transitional zones are hereby established beneath the transitional surfaces at the airport. Transitional surfaces, symmetrically located on either side of the runway, have variable widths as shown on the Burnet Municipal Airport, Kate Craddock Field Airport Hazard Zoning Map. Transitional surfaces extend outward perpendicular to the runway centerline and the extended runway centerline from the periphery of the primary surface and the approach surfaces to where they intersect the horizontal surface.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-105. - Height limitations.#
Except as otherwise provided in section 18-105 of this chapter, no structure shall be erected, altered, or replaced and no tree shall be allowed to grow in any zone created by this chapter to a height in excess of the applicable height limitations herein established for such zone except as provided in subsection (e) of this section. Such applicable height limitations are hereby established for each of the zones in question as follows: (1)
Approach zones. Slope one foot in height for each 34 feet in horizontal distance beginning at the end of and at the same elevation as the primary surface and extending to a point 10,000 feet beyond the end of the primary surface.
(2)
Conical zone. Slopes one foot in height for each 20 feet in horizontal distance beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation, or to a height of 1,634.10 feet above mean sea level.
(3)
Horizontal zone. Established at 150 feet above the Airport Elevation, or at a height of 1,434.10 feet above mean sea level.
(4)
Transitional zones. Slope one foot in height for each seven feet in horizontal distance beginning at the sides of and at the same elevations as the primary surface and the approach surfaces.
(5)
Excepted height limitation. Nothing contained in this chapter shall be construed as prohibiting the growth, construction, or maintenance of any structure or tree to a height of up to 35 feet above the natural surface of the land at its location.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-106. - Land use restrictions.#
Except as provided in section 18-107 of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for aircraft pilots to distinguish between airport lights and others, result in glare in the eyes of aircraft pilots using the airport, impair visibility in the vicinity of the airport, create potential bird strike hazards, or otherwise in any way endanger or interfere with the landing, taking off, or maneuvering of aircraft intending to use the airport.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-107. - Nonconforming uses, structures, and trees.#
(a)
Nonconforming uses. Nothing contained in this chapter shall be construed as requiring changes in or interference with the continuance of any nonconforming use of land before the date of adoption of Ordinance No. 2006-21, said date being August 22, 2006.
(b)
Nonconforming structures. Nothing contained in this chapter shall be construed as to require the removal, lowering, or other change to any existing nonconforming structure including all phases or elements of a multiphase structure the construction of which was begun prior to August 6, 2006, and is diligently prosecuted as planned.
(c)
Nonconforming trees. Nothing in this chapter shall be construed as to require the removal, lowering, or other change to any nonconforming tree. However, any nonconforming tree which grows to a greater height than it was as of August 22, 2006, is subject to the provisions of this chapter as described in section 18-105 herein above.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-108. - Permits and variances.#
(a)
Permits. Any person who desires to replace, rebuild, substantially change, repair, or increase the height of a nonconforming structure or replace or replant a nonconforming tree in any zone hereby created must apply for and receive a permit from the administrative agency. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to allow the administrative agency to determine whether the resulting use, structure, or tree would conform to this chapter. No permit shall be granted which would allow the establishment of an airport hazard or allow a nonconforming structure or tree to exceed its original height or become a greater hazard to air navigation than it was at the time of the adoption of this chapter. Applications for permits shall be submitted to, and any permit shall be issued by, the administrative agency.
(b)
Variances. Any person who desires to erect, substantially change, or increase the height of any structure; establish or allow the growth of any tree which would exceed the height limitations set forth in section 18-105 of this chapter; or change the use of property in such a way as to create a hazardous condition as described in section 18-106 of this chapter must apply to the board of adjustment and receive a variance prior to exceeding the height restrictions. The application for variance to the board of adjustment must be accompanied by a "no hazard" determination from the FAA under 14 C.F.R. Part 77 as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Where a FAA determination of "no hazard to air navigation" is presented, such variances shall be allowed where it is duly found that a literal application or enforcement of this chapter will result in practical difficulty or unnecessary hardship and the granting of relief would result in substantial justice, not be contrary to the public interest, and be in accordance with the spirit of this chapter.
(c)
Requirements and reasonable conditions.
(1)
Any permit granted may, at the discretion of the administrative agency, impose a requirement to allow the installation and maintenance, at the expense of the administrative agency, of any markers or lights as may be necessary to indicate to aircraft pilots and operators the presence of an airport hazard.
(2)
Any variance granted may, at the discretion of the board of adjustment, impose any reasonable conditions as may be necessary to accomplish the purpose of this chapter.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-109. - Board of adjustment.#
The board of adjustment of the City of Burnet is hereby designated as the board of adjustment for the purposes of this chapter and shall have the powers and duties as provided in § 211.008 and § 241.034 of the Texas Local Government Code, in the City of Burnet Home Rule Charter and Ordinance Number 2005-21.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-110. - Appeals.#
(a)
Any person aggrieved or any taxpayer affected by a decision of the administrative agency made in the administration of this chapter may appeal to the board of adjustment if that person or taxpayer is of the opinion that a decision of the administrative agency is an improper application of this chapter. This same right of appeal is extended to city council.
(b)
All appeals hereunder must be initiated within 30 days of date of notification of an adverse decision as provided by the rules of the board of adjustment by filing a written notice of appeal with the board of adjustment and the administrative agency specifying the grounds for the appeal. The administrative agency shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed was taken.
(c)
An appeal shall stay all proceedings in furtherance of the action appealed unless the administrative agency certifies in writing to the board of adjustment that by reason of the facts stated in the certificate, a stay would, in the opinion of the administrative agency, cause imminent peril of life or property. In such case, proceedings shall not be stayed except by order of the board of adjustment on notice to the administrative agency and on due cause being shown.
(d)
The board of adjustment shall fix a time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent, and/or by attorney.
(e)
The board of adjustment may reverse or affirm, in whole or in part, or modify the administrative agency's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for this purpose the board of adjustment has the same authority as the administrative agency.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-111. - Judicial review.#
Any person aggrieved or any taxpayer affected by a decision of the board of adjustment may, within ten days of the date of the decision, present to a court of record a petition stating that the decision of the board of adjustment is illegal and specifying the grounds of the illegality as provided by and in accordance with the provisions of Texas Local Government Code, § 241.041. This same right of appeal is extended to City Council.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-112. - Enforcement and remedies.#
The governing body of the City of Burnet, Texas may institute in a court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of this chapter or of any order or ruling made in connection with their administration or enforcement including, but not limited to, an action for injunctive relief.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-113. - Penalties.#
Each violation of this chapter or of any order or ruling promulgated hereunder shall constitute a misdemeanor and upon conviction shall be punishable by a fine of not more than $500.00 and each day a violation continues to exist shall constitute a separate offense.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-114. - Conflicting regulations.#
Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulation applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall control.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-115. - Severability.#
If any of the provisions of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of this chapter which can be given effect without the invalid provision or application and to this end, the provisions of this chapter are declared to be severable.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)
Sec. 18-116. - Adherence with state laws.#
Any actions brought forth by any person or taxpayer as a result of the administration, enforcement, or the contesting of this chapter will be in accordance with the provisions of Texas Local Government Code, § 241.001 et seq and other applicable state laws.
(Ord. No. 2026-23, § 2(Exh. A), 6-23-26)