ARTICLE IV. - AIRPORT HAZARD ZONING REGULATIONS
Part of the Code of Ordinances of Burnet, TX.
The text
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)