ORDER NO. 31667
KERRVILLE/KERR COUNTY JOINT AIRPORT BOARD TO ACT AS JOINT
AIRPORT ZONING BOARD
Came to b~ heard this the 22nd day of March, 2010, with a motion made by
Commissioner Letz, seconded by Commissioner Williams, the Court unanimously
approved by'a vote of 4-0-0 to:
Confirm the .authority of the Kerrville/Kerr County Joint Airport Board to also act as the
Joint Airport Zoning Board.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY:' Judge Tinley
MEETING DATE: March 22, 2010
OFFICE: County Judge
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to confirm authority of the
Kerrville/Kerr County Joint Airport Board to also act as the Joint Airport Zoning Board.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Judge Tinley
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
5:00 PM previous Tuesday
@ .M.
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. `'l'our cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
~~.. __
~ ~.v
~ ~
FqR coves
Kerrville
Kerr County
Joint Airport
Board
Stephen King
President
Fred Vogt
Vice President
Mark Cowden
Board Member
Tom Moser
Board Member
March 4, 2010
Kerr County Commissioners' Court
700 Main Street
Kerrville, Texas 78028
Kerrville City Council
800 Junction Highway
Kerrville, Texas 78028
Re: Airport Zoning
Distinguished Members of the Court and Council,
Legal council for the Kerrville/Kerr County Joint Airport Board (Mike Hayes,
Attorney -City of Kerrville) has confirmed that the Kerrville/Kerr County Joint
Airport Board may also act as the Joint Airport Zoning Board. Sources of authority
that confirm this finding are the Texas Transportation Code, Texas Local
Government Code, Interlocal Agreement, City Ordinance and Airport Hazard
Zoning Ordinance.
Corey Walters This letter is to request that you reaffirm the Kerrville/Kerr County Joint Airpork
Board Member Board's role/authority to simultaneously act as the Joint Airport Zoning Board.
This is pursuant to the "Airport Hazard Zoning Ordinance" enacted July 16, 1992.
Sin erely,
V" J
Ste e King
President
Joint Airport Board
Enclosure
1877 Airport Loop
Kerrville, Texas 78028
Ph (830)896-9399 Fax (830)896-9440
www.kerrvilleairport.com
Attorney's Certificate
Kerrville Municipal-Louis Schreiner f• field
Airport Harard Zozting Ordinance
X certify that X have exaziiined the Airport Tlazard 7.,oniztg ordinance adopted by the
Kerrville-Derr County Joint Airport Zoning Boaz-ci nn ~ Ju1_~_,_16 ,.__.._, 199? _, relating
to Kerrville Municipal--Louis Schreiner Meld, and said Ordinance together with all legal
notices and hearings vvez-e had and enacted pursuant ro applicable state and local laws,
orders and ordinances, and that in zny opinion said Qrdinance complies with the conditions
set out in the Grant Agz-eeznent between the Texas Department of Aviation, Anstin,l'exas
and the City', of Kerrville, 'T'exas together with alt state and local laws and is valid, bindinb,
and enforceable.
E:ez•tified this 3rd day of _ August,_.~-, 1992
WALLACE , MOS`rI' , MACHANN ,
. ~ ~ JACKSON & WILLIAMS
Attorney, ~ . LIWAINB MACHANN
7) The Board shall have an audit of the financial affairs of the Board and its
operation of the A%zpart conducted each year by an independeaat aecauntant and
shall furnish the audit to eaclx Party no later thazz December 1 of each year.
$} The Board shall ensure that atl recards regarding the operation of the AiiTort
ire maintained, retained, and made available far public review in accordance with
the Texas Public Information Act. All recards shall be maintained at the Airport.
~) The Board shall hire and employ an Airport Manager {"Mazaager") and such
other employees as are necessary for the operation of the Airport. 'The Manager
shall be Ixired as soon as possible after execution of this Agreement.
10) The Board, through its Manager azad any other employees, shall be
responsible for the day-ta-day management of the AizPort. Toward that end, the
Board is authorized to enter into service contracts with other public or private
ent1t1e5.
11} The Board may adopt resolutions, Hales, azad orders for tlxe operation of the
Airport;.
IZ) The Board may lease Airport property and away adopt fees and rental rates
with respect to the use .af Airport services ar use of Airport property. Such fees
and rates should be, to the extent possible, included within tlxe Board .Budget.
~ 3) The Parties acknowledge that the Aizpart property is within the City's limits
end is subject to the City's regulatiaaas and that laaad adjacent to the Airport boat
qutside the City limits is subject to the adoption, administration, and enforcement
lby either a Couaity or Joint Airport Zoning Board of airport hazard area and
compatible land use zoning. Triowever, the Board Shall naonztor and consider
appropriate zonizag far the Airport and the iaaamediatcly surrounding areas whose
~ ,~ ~ rase may impact Aixport operatiozas.
~~~
14) The Board shall adopt policies and procedures far the purchase of goods and
services and for the accouzating of the Airport's finances, each izz accordance with
state law.
15) The Board zaxay insure itself, its contractors azad subcontractors agaiaast
liability arising from tlae operation of the Airport for damages to the person or
property of others, workers' compensation, and officers' and employees' liability.
The insurance may consist ofself-insurance and/or purchased insurance.
16} The Board shall comply with the Code and other state laws and local. laws in
all respects.
(la) Meetings. The newly reconstituted Board shall meet within IS days following the
execution of this Agreement and the appointment(s) and/or reappointmeaat(s) of Board
Joint Action Ar~reement-Kerrville/6Cerr County Airport Page 4 of t3
K~RRUILLE MUNICIPAL--LCUIS SCHIt~xNER ~'IKS,T}
AIRPORT HAZARb 2UT~ING aRDINA~iCK
.7UI,Y 16 x992
An a~dinance regulating and restricting the height of
structures and abjeats of natural growth, and otherwise
regulating the use of property in the vicinity of the
Kerrville Municipal-Louis Schreiner Field by creating the
appropriate lanes and establishing the boundaries
thereof; providing for changes in the restrictions and
boundaries of such xanes; defining certain terms used
harem.; refarxing to the Karrvil].e MunicipalWl,auis
Schreiner Field Airport caning Map which is incorporated
in and made a part of this Ordinance; providing for
enforcement; establishing a Board of Adjustment; and
imposing penalties.
This Ordinance is adopted pursuant to the authority conferred by
the Airport Zoning act, Tex. Local Gov't. Cods Ann. ~2~J,.00~. et se
(Vernon 19IIII).
It is hereby found that an obstruct~.on has the potential for
endangering the lives and property of users of Kerrville Municipal--
Louis Schreiner Field and property or occupants of land a.n its
vicinity; that an obstruction may affect exista_ng and future
.a.nstrument approach m3.nimums oi; Kerrville Municipal-Louis Schreiner
field, and that an obstruction may reduce the size of. areas
available for landing, take-off and maneuvering of aircraft, thus
tending to destroy or impair the utility of zCerx~vil].e Municipa7.-
Louis Schreiner rield, and the public investment therein.
Accordingly it is declared that:
1. Kerrville Municipal--Louts Schreiner E'ield fulfills an
essential camzziuni~ty purposes; and
2. the creation or establishment of an obstruction has the
potential of being a nuisance and may injure the region
served by Kerrville Municipal--Louis schreiner z'ield; and
3. it is necessary in the .interest of public health, public
safety, and general Caelfare that ~L-he creation or
establishment of obstructions that are a hazard to air_
navigation be prevented; and.
4. the prevention of these obstructions should be
accomplished, to the extent legally possible l.~y the
exercise of the police power without compensation.
It is further declared that the pr_eveni:a.on of the creation ar.
estarilishment o:E hazards to ai.r navigation, the elimination,
removal, alteration or mitz.gatian of hazards to air navigation, ox-
the marking and lighting of obstr_ucta.ans axe pubJ.ic purposes for
wh.i.ch a political subdivision may raise and expend public funds and
acquire land or interests in land.
Be a.t nx~dained by the I~e~•rvi].1e-Kexr. County Joint A~.rport Zoning
Board of the City of Kexrv~il~.e, Texas and the Cominissioner5 Court
of The County of Kerr, Texas:
Seata.an 1. 5haxt Ti.t1e -This Ordinance shall be known and may be
cited as "Kerrville Municipal.TIaouis Schreiner Field Airport Hazard
Zoning Ordinance".
Seatiaz:. 2. Aefinitians -• As used in this Ordinance, unless the
context othexwise requires:
A. pixpar't - means Kerrville Municipal-Louis Schreiner
Field.
L~. Airport EZevata.an -- means the established elevation af:
the highest point on the usable landing area measured in
feet from mean sea level.
C. Airport Hazard ~-• means and structure or tree or use of
Land which obstructs the air space required for the
f'1,ights of aircraft or which obstructs or i_ntorferes w9_th
~ the control or tracking and/oz: data acquisition :Ln the
landing, taking off oz flight at an airport, or at any
insta].lati.on or facility relating to •L•l.ight, and tracking
and/or data arquis:ition of the flight r_raft; i_s
hazardous, interferes with or obstructs such ]_andi.ng,
taking of.f or flight of aircraft or which. is hazardous to
or interferes with tracking and/or data acquisition
pertaining to flight and flight; vehicles.
p. Aa.rpoz•t Haxard Axes ~- means any area of land or water.
upon which an airport hazard might be established if not
prevc-;need as provided in this Oxdinance.
F. ,taa.rport Ref.ezence Point -means the point established as
the approx~_rttate geograph.'ic center of thc~ airport landing
area and so designated.
F. ~lp~praach Surface ~ a surface long;itudinally centered on
the extended runway centerline, exterrdi_ng outward and
upward from the erad of the pr~_mary suz-face and at the
same slope as t:hE approach zone height I.iznitat:ion s~.ope
set forth irr Section ~ of this Ordinance. .T.n plan the
perimeter of the approach surface coincides with t}'r<~
perimeter of the; approach zone.
G. Approach, Transitiona3., Har_zzarztal, and Conical Zones
These zones are set forth a.n Secta_on 3 o:C this Ordinance.
H, Board of Adjustment A 1:3aard consist~.ng of five (57
membexs appointed by the City Council of the City a:f:
.~ 2 _.
Kerrville, 7.'exas as provided by Tex. Local Gov't Code
Ann., X241.03? (Vernon 19£3x).
I. Conica]. 5urtace - A surface extendi.rzg outward and upward
from the periphery of the horizontal surface at a sXape
of twenty (24) to one {1) for a horizontal distance of
four thousand (9,400) feet.
J. Hazard to Air Naviga~:ion - An obstruction determined to
have a substantial adverse effect on the safe and
eff3.cient utilization of the navigable airspace.
K. height -- For the puxpose of determining the height limits
in all zones set Earth in th.i_s Ordinance and shown on the
zoning map, the datum shall be mean sea level elevation.
L. FSorixontal Surface ~-~ A horizontal plane one-hundred-fifty
(150} feet above the established airport elevation, the
perimeter. of which in plan coincides with the perimeter
of the horizontal. zone .
M. +7oint Airport Zoning Board -- means aboard consisting of
R~ five (5}members: two (2) members appointed by the City
Council of the City of Kerrville, Texas and two (2}
.members appointed by the Commiss:i.oners Court o:E Kerr,
County, Texas. The four (9) members so appointed sl~a.Ll.
elect a fifth (5th) member who shall. servo as Chaixman of
',said Joint .llirport Zoning ~ioa.rd.
N. 'Lazxding Area -- means the surface area of the Airport used
'for the J.anding, •L•ake--off o:~ taxiing of aircraft.
0. Nanronforminc~ Use -Any pre-existing structure, object of
natural growth, ar use of land which is inconsistent with
the provisions of this Ordinance or an amendment thez~eto.
P. Ohstructa.on w Any structure, growth, or other object,
including a mobile object, which exceeds a limiting
height set :Earth in Section 9 of ~l:his Ordinance.
Q. Person -- zneans in indivi.dtzai, firm, pax"Lnershi.p,
corporation, company, association, faint stock
association, or body politic, and includes a trustee,
receiver., assignee, administrator, executor, guardian, or
other .representative.
R. Pri,xnary Suxface - A sur:Eace longitudinally centered on a
.runway. li,7hen the runway has a specially prepared hard
surface:, the primary sur~~ace extends two--hundred (?.00)
feet beyond ectCh end o£ that runway; but when the x~urtway
has no specially prepared Yzax.•d surface or planned hard
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surface, the primary surface ends at each end of that
.runway. The width of the primary surface of a runway
will be that width prescribed ~.n Dart 77 of the Federal.
'Aviation Regulations (FAR) far the most precise approach
'exis•ting or planned for either end of that runway. The
elevation of any point on the primary surface .i.s the same
as the e].evat3.an of. the nearest po.i.nt an the runway
centerline. The width of a primary surface is:
(l) Five hundred (500) feet for utility runways having
nan-precision instrument approaches.
{2} Fox' other than utility runways the width is one
tkzausand { 1, 000) :Feet for_ a non--precision
instrument runway having anon-precision instrument
approach with visibility minimums as l.ow as three-
fourths of a statute mile, and far precision
instrument approach runway's .
S . Runrrray - A defined area on an airport prepared for
landing and take--off of aircraft along :its length.
T. '..Structure - An abject, including a mobiles object,
canstruc:ted or installed by man, including, but not
', J.:i,mited to, buildings, towers, cranes, smokestacks, earth
formations, and overhead transzniss~.on lines.
U. '.1~•ansitiozxal. Sua-faces -These surfacer extend autwaz:d at
ninety (90} degree angles to the runway centerline and
the runway oe:ntc:rline extended at a slope of seven (7 }
feet horizontally Lax each foot vertically from the sides
of the primary and approach surfacers to where they
intersect 'the horizontal and conical surfaces.
Tr.ansitianal surfaces for. those porti.ans of the precision
approach surfaces, which project through and beyond the
limits of the conical. surface, extend a distance of five
thousand (5, 000 } feet measured horizontal..ly from the edge
', of the approach surface and at ninety {g0} degree angles
to the extended runway centsrlinG.
V. Tree -- Any object of natural. growth.
W. L3tility Runway - a runway that i.t cons•L-ructed for arxd
intended to be used by prapeller-driven aircraft twelve
thousand f~_ve hundred (12.,500} pounds maximum gross
weight and 'less.
X. Nan.-precision Tnstx'uznent Runway - A runway having an
exa.sting instrument approach procedure utilizing air
navigation faciliticas with only horizontal guidance, or
area type nava.gatiorz equipznrnt, for which a straigl?t-in
~ _.
non-precision instrument appxaach procedure has been
approved or planned.
Y. Precisz.on Instrument Runway - A runway having an existing
instrument approach procedure utilizing an Instrument
sanding System (II;S) , a Micrawave Landing 5,ystem (MLS) ar
a I~recision Approach Radar (PAI2) . rt also means a runway
for which a precision approach system i_s planned and is
so indicated on an approved airport layout plan or_ any
other planning dorumer_t.
Section 3, ~onea - In order to carry out the provisions of this
Ordinance, there are hereby created and established certa.i_n zones
which include all of the land :Ly7.r:g beneath the Approach Surfaces,
r4'ransition Suxf.aces, Ilarizontal Surface and Conical Surface as they
apply' to I~er:~va.l.le Municipal-'Louis Schreiner F:i.eld. Such zones are
shown on the Coning Map consisting of one (1) sheet, prepared by
the 'Texas Depa.xtment of Aviation, Austin, texas and dated October
1, 1990, whi.ah is attached to this Ordinance and made a pa,r.t
hereof. An area located in more than one of the ~°ollowing zones i.s
considered to br--. only in the zone with. the more restrictive height
li.mitatian. 'the various zones are hereby established and defined
as follows:
.A. .~ppz~pach Zones --
(1) Runway 30 Approach zone i.s established beneal.h the
app:roach surface at the end of P.unway 30 on
ICerr_vi.lle Municipal-I:,ouis Schreiner Field For
p.rc.cision instrument landings and talce~of:Cs. `i'hc~
inner edge of the approach zone shall have a width
o:f one 'thousand (J., 000) feet which coincides w%th
tl~e width oz the primary surface at a di.stancc of
two hundred (200) feat; beyond tho end of the
runway, widening thereafter uniiarmJ.y to a caidth of
sixteen thousand (15,000) feet a't a horizontal
distance of fifty thousand (50,000) feet beyond the
end of the primary surface, its renterl.i_ne being
the continuation of i;he centerline of the runway.
( ?.) Runway 1?. Approach zone is established beneath tl'ae
approach surface at the end of Runway 12 on
Kerrville Municipal--Laois Schreiner Fi_e1.d far nonw
precision a_nst.rument landings and take-of:fs with
visibility minimums as low as three-:fourths of a
s~:atutr--, mile. 'i'he inner edgEa of the approach zone
shal.J_ Have a wi.dtl~. of one thousand (1,000) feet
which coincides vrith the width of the primary
surface at a distance of two hundred (?.00) feet
beyond the end of the runway, ~,ridening therea:Ct;cr
uniformly to a width of four thousand (4,000) feet
--a-
at a. horizontal. distance of ten thousand (IO , 000 )
feet beyond the end of the primary surface, its
centerline being the continuation of the cerlter.line
of the runway.
(3) Rrxnuray 2/20 Approach zone is established beneath
the approach. surface at the ends of Runway 2120 on
Kerrville Municipal.-Louis Schreiner ~~ield :for nan~
precision instrument landings and take-offs. The
inner edge of the approach zone shall have a width
of five hundred (500} feet which coincides with the
width of the primary surface at a distanc© of two
hundred (200) .feet beyond each end o£ the runway,
widening thereafter uniformly to a width of twa
thousand (2,000} feet a.t a horizontal. distance of
five thousand (5,004) feet beyond each end of the
primary surface, its centerl.in~: being the
continuation of the centerline of the runway.
~. Trazas~.tion Zones -- Transition zones are hereby
.established. beneath the transition surface adjacent to
each runway and approach surface as indicated on the
zoning map. Transition surfaces, symmetrical. ].y located
on either side of runways, have va.riablP widths as shown
on 'the zoning Inap. Transitional. surfaces extend outward
and upward at ,night angles to 'the runway cen~:erl.ilae and
the runway centerline extended at a slope of seven { 7 } to
one {1) from the sides of the primary surface and from
'the sides of approach sur_fares . Trans:l.tional surfaces
for those portions of the precision approach surface
wha.ch project through and beyond the limits of the
conical surface, extend a distance of five thousand
(5,000) feet measured horizontally from the edge of the
approach surface and at right angles to 'the runway
centex lixle .
(: , Rorizontal. Zone - 'I`he area beneath a horizontal plane one
hundred fifty (].50) feet above the castahlished airport
elevation, the perimeter of which i.s construc'tcd by
swincling arcs o:f ten 'thousand (7.0,000} feet radii from
the confer ol; each end of the primary surface of Runway
J.2/30 and corlnecL-ing the adjacent arcs by lines tanclent
to those arcs.
U. Conical. zone - The area beneath the conical surface
extending outward al7d upward .f_rom the periphery of the
1-IOrizont:.al, surface a.t a slope of twenty (20) to one {? )
for a horizontal distance of four thousand (4,000) feet:.
Section ~. He:ight I,imi•tations - Except as otherwise provided in
this Ordinance, no structure shall. be, erected, altered, or
-6-
maintained, and no tree shall. be allowed to grow in any zone
created by this Ordinance to a height in excess of the applicable
hea.ght limit herein established far such zone. Such applicable
height limitations arc hereby established for each of the zones in
question as follows:
A. Appxaa.ch Zones
(1} Runway 30 One (1) foot in height for. each fifty
(50) feet in horizontal. distance beginning at the
end of and at t:he elevation of the primary surface
and ext,end~.ng to a point ten thousand {10,000) feet
from the end of the primary surface, then rising
one (1) foot in height for each foxty (40) feet in
horizantal. distance far an addit3_ona7. :Forty
thousand (40,000) feet from the end of the primary
surface.
(~) S~.u~iuray 12 OnG (1) foot in height fox each thirty-
four (34} feet a_n horizantal distance beginning at-.
the end of and at the elevation o:L the primary
surface and extending to a point ten thousand
(7.0,000) feat from the end of the primary surface.
(3) Ttlrzrway 2/20 One (1) foot in height fox each twenty
(?_O) feet .in horizantal distance beginning at the
end of and at the elevation of the primary surface
and extena~_ng to a point five thousand (5,000) feet
from the end of the primary su:r:tace.
}3. ~xansit~.on Zone -Slopes seven (7) feet outward for each
:toot upward begi.nn.i.ng at the: sides of and at the same
e].cvat.i.oza as the pr.imar_y surface and the approach
surface, and extending to a height of one hundred fifty
(7.50) fast above the airpart elevat:i.on which is one
thousand sia; hundred sixt:eG:n (1, Gi G) feet: above mearx sea
level.. 7:n addi.ta.on to the foregoing, there are
'established height limits sloping seven (7) feet autward
for each foot upward beginn:i.ng at the sides of and at 'the
'same elevation as the approach surface, and e~;tending to
wh.erc they ,i.ntersect the conical surface. Where tl!c
p.r.ecision instrumPr!t runway approach zone projects beyond
the conical zone, there are established heigkrt limits
sloping seven (7) feet; autward for each foal: upward
beg.i.nn5.ng at the sides of and at the same elevation as
the approach surfaces, and extending a horizontal distance
of five thousand (5,000} feet measured ai: ninety (90)
degree angles to the e~.tended runway centerline.
C. Hora.zonta7. Zone - )Jstabla.shed at one hundred fifty (150)
feel- above tl-!e airport elevation, o.r. a height of one
_~~
thousand seven hundred sixty--six (1,766) Poet above mean
sea level.
~. Coni.ca]. Zone - Slopes twenty (20) feet outward for_ each
',foot upward beginning a•t the periphery of the horizontal.
'zone and at one hundred fifty (150) feet above the
airport elevation and extending to a height of three
.:hundred fifty (350) feet above the airpox'L- elevation.
E . ~~ccepted Height ~,im~.tations --Notha.ng a.n this Ordinance
shall be construed as prohibiting the growth,
construction or maintenance of any tree or structure to
a height up to fifty (50) feet above the surface of the
land.
Section a. Use kzestrictians ~ Notwithstanding any other provisions
o:C this Ordinance, no use may be made of land err watex within any
zone established by this Ordinance in such a rnannex as to create
e].ectrica]_ 9_n't:erference wa.th navigational signals or radio
communication between the airport and aircraft, males i.t difficult
for pilots to distinguish between the airport lights and others,
result in glare in the eyes of pilots using the airport, impair
visibility i.n 'the, vicinity of the airport, create bird strike
hazards, or. athe.rwise :irz any way endanger or interfere with th.e
landing, t.alcixzg off, or. maneuvering of aircraft irztendinq to use
the airport.
Section 6.' 1Yonconfr~rming Uses
;~. Iltegu].ations Note Ftetraactive - The regulations prescribec].
'by this Ordinance shall not be construed to requ,i,re the
'removal, .Lowering, or other change or alteration of any
'structure or tree not conforming 'to the regulations as of
'the effective date of .this Ordinance, err otherwise
'interfere with the con~tinuarzre of azzy noncorzforzning use.
'Na~tl~:ing herein contained shall require any change in th.e
construction, altexati.on, or intended use o:E any
.structure, the construction or alteration of which was
begun prior. to the effective date of this Urd.i,nance, axzd
is diligently prosecuted.
L~. Marking and Lighting -- Notwithstanding the preceding
provision of this Section, the owner of any nonconforming
structure o.r. tree is hereby required to permit the
insta.].].ation operation, and maintenance thereon of such
markers and light: as shall be deemed necessary by the
City Manager of the City of Kerrvi.ll.e, Taxers 'to indicate
to the operators of aircraft in the vicinity of the
Airport, the presence o:f: such airport hazaxds. Such
markers and lights shall be installed, operated, and
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maintained at the expense of the City of Kerrville,
Texas, and the County of Kerr, Texas.
Section 7. Pezmits -
A. Fut.ux'e Usas -Except as specifically provided in (l) , (2 }
and (3) hereunder, no material change sha.l], be made in
the use of land, no structure shall be erected or
otherwise established, and no tree shall be planted in
any zone hereby created unless a permit therefore shall
have been appl~.ed for and granted. Each application .for
a permit sl~.al1 indicate the purpose for which the permit
is desired, with sufificient particularity to permit it to
be determined whether the resulting use, stx'ucj:.ure, or
tree would conform to the regulations herein prescribed.
zf such determination is a.n the affirmative, the permit
sh~~.11 be granted. No permit :Cox. a use inconsistent with
the provisions of this Ordinance shall be granted unless
a variance has been approved in accordance wi'L.h Section
7, Par. T7.
{ 1 } Tn the a.r..ca 7.ying within the :Limits of the
horizontal zone and conical zone, no permit shall
be requi.r.ed for any tree ar structure less than
seventy-five {75} feet of vertical, height above the
ground, e~:aept when, because of terrain, land
contour, or t:opograph:Lc features, such tree or
structure wou7.d extend above the height limits
prnscr:Lbed for.. :such 70T1e5.
(2 } In areas lying within the J.i.m3_ts of the approach
zones, bu't ai: a ho.r.~i.rontal distance of not less
than four thousand two hundred 0, 2.00) Poet froze
each end of the runway, no permit shall be required
for any tree or sfi:ruc:tur_e 1_ess than seventy-five
(75) feet of, ve.rta.cal height above the ground,
except when such tree or structure would extend
above the height l.imit.prescra.bed fo.r such approach
zones.
(3} ~n the areas lying urithin the limits of the
~Lransition zones beyond the per.i.mete.r. a:f; the
horizontal zone, no permit shall be required for
any tr..ee or structure less than seventy-five (75}
l;eet o:C vertical height above the ground, except
when such tree or structure, because of terrain,
land contour, or topographic features, would extend
above the height limit prescribed for such
transitiorT zones .
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Nothing conta~.ned in any of the foregoing exceptions shall be
constx°ued as permitting or' intending to permit any
construction, or_ alteration of any structure, or growth o:F any
tree in excess of any of the height limits established by this
Ordinance except as set forth in Section 9:, far. E.
D. •l~xist9.ng uses -- No permit steal.]. be granted that would
allow the establishment or rrea.tian. of any airport hazard
or permit a nonconforming use, structure, or tree to be
made or become higher, or. become a greater hazard to air
navigation, than it was on the effective date of this
Ordinance or any amendments thereto or than it :i.s when
the application for a permit is made. Except as
indicated, all applications for such permit shall be
granted.
C. Nonconforming Uses Abandoned or Destroyed - 4~henevcr the
C3_ty Manager of t:he Cw.ty of ICerrville, 7.'exas determines
that a nonconforming structure or tree has been abandoned
or more than ca.ghty (8Q) pe.rcent torn down, physically
deteriorated, or decayed, no permit shall be granted that
would allow such structure or tree to exceed the
applicable height. ?unit or otherwise deviate from the
zona.ng requlati.orrs.
D. Vaxxances 11ny person desiring to erect or s.ncrease tyre
height of any structure, ar permit the g:r_owth of any
tree, or use h.is property, i.n violation of the
regulations prescribed izr this Ordinance, may apply to
tl•~e Board of nd.justrnen~L- for a variances from such
regulations in question. 'nc~: application for variance
'shall be accompanied by a determinatiGn :Frorn the )~ederal
Aviation Administration as to the e:f:fect of the proposa:L
on tyre operation of air navigatiorr facili•ti.es and the
safE~, efficient use o:F navi.gable airspace. Such
variances shall be Ullowed where it is duly found that a
literal application or enforcement of the regulations
wil:1 re5111't in unnecessary hardship and thE: relief
granted would not be contr~~zr_y to the public interest, but
do substantial. justice, and bc~ in accordance with the
spirit of this Ordinance. Additionally, no application
for variance to tl~e requirements of this Ord.~.raance may be
considered by the Board of 1ldjustrr~errt unless a copy of
the application has been :Furnished to the l~er_rvill.~.}
Municipal-Louis :iClYr£'.irler field Airport Advisory Board.
fo.r advice as to the aeronautical. e:F:Eer.ts of the
variance. T.f th~~ Kerrville Municipal,--Lours Srhreirrer
L'ield Airport Advisory };oard does not respond to the:
application within fifteen (15) dayC aftez: rerc~a_pt, the
Board of Adjustment may act on its own to grant or.. deny
said appl..i.cation.
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B. Obsbruction Marky.ng az~d Zight3.ng - Any permit or variance
granted may, a.f such action is deemed advisable by the
City Manager of the City of Kerrville, Texas or the Board
of Adjustment to effectuate the purpose of this Ordinance
and be reasonable in the circumstances, be so conditioned
as to require the owner of the structure or tree in
question to allow the City Manager of the City of
T~errville, Texas to install, operate, and maintain, at
',the expense of the City of Kerrville, Texas and the
',County of Kerr, Texas such mar3cings and J.ights as may be
',necessar_y.
Secta.an. 8 Enfoxceznent - Tt shall be the duty of City Manager of
the City', of Kerrville, Texas to administer and enfarse the
reguJ_atioi~zs prescribed herein. Applications for permits sha11 be
made to tie City Manager of the City of Kerrville, Texas upon a
~'~_ form publa.shed for that purpose. Applications required by this
~- Ordinance'to be submitted ~l.o the City Manager of the City of
Kerrvillee Texas shall be promptly considered and granted or
denied. applications for variances s~zall be made to the Board of
Adjustment by first filing said application for variance with the
City Manager of the City of ICerrv~.I.lc:, Texas, who shall forthwith
transmit said application to the Board of Adjustment far
determination.
section 9. Board of ,Adjustment
.~~. 'There is hereby created a I~oa.rd of Adjustment to have and
exercise the fal?.owing powers:
{1) to hear and decide appeals Pram any order,
requirement, decisa_on, or determination made by the
City Manager of the City of ICcrrville, '.Feiss in the
enforcement of this Ordinance.
(7_} to hear and decide special exceptions to the terms
of this ordinance upon which. such Board of
Adjustment under such regulations may be required
to pass;
(3j to hear and decide speci.Iic variances.
D, The: Board of Adjustment shaJ.l corrsis~~ of five { 5 } member. s
appointed by the City Council of the City of I:errva_lle,
Texas and each shall serve for a term of j:wa (2} years
and be removable for cause by the appointment authority
upon written charges, af.~f;er a public hearing.
C. Th.e I3oard of Adjustment sha11 adopt rules for its
governance and procedure in harmony with the prov~.sioris
of this Ordi.nancc: • Meetings of thc? Board of .~d jus'~,znent
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shall be held a•E; the call of the Chairman and at such
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 13aard of Adjustment shall be public.
The Board of Adjustment shall keep minutes of its
proceedings showing the vate o£ each member upon each
quest.i.on, or, if absent or failing to vote, indicating
such fact, and sha11 keep records of its examinations and
other of:Eicial actions, all of which shall immediate7.y be
filed in the office of the City Clerk of the Ca.ty of
Kerrville, Texas and shall ba a public record.
D. The Berard of Adjustment shall make written findings of
fact and conclusions of law stating the facts upon which
it xelied when making its legal conclusions in reversing,
affirming, ar modifying any ordex, requirement, decision,
ox determination which comes before it under the
provisions of this Ordinance.
~;. 7.'he concurring vote of four (4) members of the Board of
Adjustment shall be necessary to reverse any order.,
requirement, decision, or determination of the City
Manager of the City of Kerrville, Texas or to decide in
favor. of the applicant an any matter upon which it is
required. to pass undex this Ordinance, oa: to effect any
va.ri.ation in th:i.s Ordinance as p.rovicled in the Tex. ~,ocal
Gov't Code Ann. 824:1,.032. (d) (Vernon l9$£i) .
sectiazx ~,0. Appea~.s
A. Arxy person aggrieved, or any taxpayer affected, by any
derision of the City Manager of the City o:E I~erxvil.le,
Tea:as made i.n his administration of this Ordinance, if of
the op~.nion that a decision of the City Manager of the
City of Kerrville, Texas :i.s an improper appl.i.cation of
these regulations, may appeal to the Board of Adjustment.
B. A11 appeals hereunder must be taken within a reasonable
time as provided by the rules of the Doa.rd of Adjustment,
by Tiling with the City Manager of the City of Kerrville,
'Texas a notice of appeal. specifying the grounds the7: eof .
The City Managor_ of •L-he Cz.ty of ICerrvilJ.e, Texas shall
:Cor~L-hwith transm.i_t to -t:he Doard of Adjustment: all the
papers constituting the record upon which the action
appealed front was taken.
C. An appeal shall stay all proceedings in furtherance of
the actian appealed from, t:n].ess the City Manager of thr~
City of Kerrville, Texas certifies to 'the Board of
Adjustment, a:Cter i.he notice of appeal has been fa.led
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with it, that by reason of the facts stated in the
certificate, a stay would, in the opinion of City Manager
of the C3_ty of Kerrvil.l.e, Texas cause imminent peril. to
life ar property. In such case, proceedings shall not be
stayed except by order of the Board of Adjustment on
notice to the City Manager of the City of Tierrville,
Texas and on due cause shown.
D.
7'he Board of Adjustment shall iix a reasonable time for
hearing appeals, give pubJ..ia notice and due notice to the
parties in interest, and decide the same within a
reasonalaJ.e tune. Upon the hearing any party may appear
in poison or by agent or by attorney.
E. Tlae Board of Adjustment may in conformity with the
provisions of this Ordinance, reverse ox affirm, in whole
or in part, or modify the order, requirement, decision or
determination appealed from and may made such order,
requirement, decision or determination, as may be
appropriate under the ca.rcumstances.
Sec~:a.on 11. ~Tudirial Review - Any person aggrieved, or any
taxpayer a:Cfected, by any decision of the Board o:~ Adjustment, may
appeal to a court of competent jurisdiction, as provided by tkae
Airport Zona.ng Act, Tex. 3'~oca]. Gov't Code Ann. 5241.041 {Vernon
19$8).
Sec~:~.oix 1~ . Enforcement And Itemed9.es - 'J.'he city Gounci_1 of the
City of Icerrville, Texas and the County of Kerr, Texas may
institute in any court of competen~L- jurisdiction, an action to
prevent, restra9_n, correct, o.r abate any violation of this
Ordinance or of any order or ruling made in connection with its
admi.nistr~tion or enfarcemen~t; including, but not limited to, an
action for injunctive relief as provided by the Aa.rport Zoning Act,
Tex. :C,acal Gov't Code Anil. §241..044 {Vernon 1988) .
Section 1$. Penalties - Each v:i,olation of this Ordinance or of any
regulation. order, or ruling promulgated hereunder sha11 constitute
a misdemet~nor and upon conviction steal]. be punishable by ~i fine of
not more than $200.00 and each day a violation continues to exist
shall constitute a separate offense.
Secta.az~ 19~. Canf'13cting Regulations -- Where there exists a
corflict between any of the regulations or l.i.mitations presc.r.ibed
3.n this Ordinance and any other. regulations applicable to the samo
area, whither the conflict be with respect 'Lo the height of
structures or trees, the use' of 7.and, or any other matter, the more
stringent.. limitation or requirement shall. govern and prevail as
provided 'by the Airport 'Coning Act, 'S'exas I.,ocal Gov't Code Ann. ,
5241.901 (Vernon J.988) .
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Saatior~ 15. Prior. Oxda.nanas Replaced -- 'this rdiriance replaces and
supersedes in a.ts entirety that certain A rport Zoning Ordinance
{the "Prier Ordinance"} dated March 17, 198Q, heretofore adopted by
the ~Cezrv.].le-~ICerr County ,Toa.nt Ai.zport Zoning Board f and said
Prior Ordinance is .rendered null and vaid upon passage of this
Ordinance and publicat9.on and posting of same as required by law.
Section l.'6. SeverabiXity - If any of the provisions of this
Ordinanceior the application thereof 'to any person or circumstances
is held invalid, such inval.i.dity shall. not affect other provisions
or applic Lion of the Ordinance which can be given effect without
the inva~id provision or application, and •to this end the
provisions of this Ordinance are declared to be severable.
Section 1'~'. Ef$eCta.'vG' Rats -Whereas, the immed.i.ate operation of
the provisions of this Ordinance is necessary for the preservation
of the public health, public safety, and general welfare an
Eznexgenc~r,is hereby declared to exist, and this Ordinance shall be
in fu7.l. force and effect from and after 9_ts passage by the Joint
Airport Coning Board and publication and posting as required by
law.
Adopted by the Kerrville-Kerr County .joint Airport Zoning
F3oard this _-. 16 day of __ ~~~1y , 1992.
RUTf~,lPRIBST,
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hairman
STB~HEPj DRAKE I ~
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J~HN D. DAVxS .. -
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WILLIAM R. GOER7."L
llALE GREGORX -- - --•-
C76~670R1
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