Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Resolution - 051150M - Airport Zoning Regulations - Joint Airport Zoning Board - 05_11_1950
0 R E S O L U T I O N '. A RESOLUTION REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF ' NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, ON AND IN THE VICINITY OF THE LUBBOCK MUNICIPAL AIRPORT BY CREATING LANDING AREA, AIRPORT APPROACH, TURNING AND TRANSITION ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING ENFORCEMENT OF THIS RESOLUTION AND GRANTING PM,IEDIES. In pursuance of the authority conferred by Chapter 391, Page 784. Acts of 1947 (H•B. No. 333) , 50th Legislature, State of Texas, and for the purposes of promoting the health, safety and general welfare of the inhabitants of the City of Lubbock and County of Lubbock, Texas, by preventing the creation or establish- ment of airport hazards, thereby protecting the lives and property of users of the Lubbock Municipal Airport and of occupants of land in its vicinity and prevent- ing destruction or impairment of the utility of the Airport and the public invest- ment therein; and WHEREAS, a public hearing was held pursuant to the prescribed legal notice on the final report of the joint AIRPORT ZONING COMMITTEE OF THE CITY OF LUBBOCK and COUNTY OF LUBBOCK, Texas, on the 1st day of May , 1950; and WHEREAS, it appears that the following airport zoning regulations are proper and necessary; BE IT RESOLVED BY THE JOINT AIRPORT ZONING BOARD OF THE CITY OF LUBBOCK AND COUNTY OF LUBBOOK: Section 1. Short Title. This Resolution ,shall be known and may be cited as the "Airport Zoning Resolution, Lubbock Municipal Airport". Section 2. Definitions. As used in this Resolution, Vnless the context otherwise requires: (1) ."Airport" means the Lubbock Municipal Airport. (2) "Airport Hazard" means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking- off at the airport or is otherwise hazardous to such landing or taking-off of aircraft. (3) "Non-conforming use" means any structure, tree or use of land which does not conform to a regulation prescribed in this Resolution or any?.amendment thereto, as of the effective date of such regulations. (4) "Person" means any individual, firm, co-partnership, corporation, company, association, Joint stock association or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. (5) "Structure" means any object constructed or installed by man, including, but without limitation, buildings, towers, smoke-stacks, and overhead transmission lines. (6) "Landing Area's means the area of the -Airport used for the landing, take- off, or taxiing of aircraft. (7) "Tree" means any object of natural growth. (8) "Building Inspector" means the duly employed and qualified Inspector for the City of Lubbock, Texas, and his successors in office. ;j„ection 1. 4gues. 3n order to carry out the,°ptrposes ® ` the Reaclntian all of the land within the 'boundaries of 'the4lrport and within three (3) miles of 'the land- area of the Airport. 'it; hereby dig id.ed into landing area, airport approach sons, airport turning zones and air-crane Lion zones. the boundaries of Which are shown an the ORanicipal airport, lubbQck, Texas, Ma-p Mwing Allowable Zlevations of Obstrae- tions in the Yialuity of Airport" and dated "fey 1. 1.950, which is attached hereto and hereby male �s part hereof. etion,,,,,4. .ei ht imi.ts. apt at otherwise providae& in the Resolution$ no istructure or tree shall a eb recto., s4tered. allowed to grog. or maintained in the landing area, ;or in W airport approach zone., carport turning zone or airport transition %one to'a height ;in excess of the 4 applicable elevations (elevation above mean sea level as established. by the united Bta.tes Coast Geodetic Ivey) shown on the attached Nap and herein estallished,for loch zone, lee ion. . J!ge Restrictions. Votwi,thst&nd.i.ng any other provisions of 'this Resolution, no use mom* bo md.e of land within the Lending area, or in any airport approach zone, airport 'tuxuing scone or airport transition some, in such a meaner as to create electrical interference with radio cowcation between the Airport ,and aircraft# make It difficult for flyers to di.stieguie`h 'between airport lights sa-A others. reoult in glare in the eyes of flyers using the kirport, impair visibility in the vicinity of the Airport, or otherwise eadamgor the landing$ taking-offr or.maneuvering of aircraft. $. den»confs rmir Uses. The regulations proscribed in Sections a and. S of this Resol:;itica shall not be construed to require the removal lowering, or othor change or Aoration of say structure or tree not, conform ng to the rogu3ations'as of the effective date hereof., or otherwise interfere with the conti%Emdo of sty non-conforming nee. Noihing herein contained shall recnrire any thange An the constraaction, al.toration, or intended use of any structure the construotion or alteration of which was began prior to the effective date of this Resolution, and is diligently prosecuted anA eompleted within two years thereof._ ion Z: Variances. Any person desiring to erect a x7 struatare increase the'height of say etxucture, or permit the crowtth of any tree. er use his property, not in,accordance Frith the regulations prescribed in this solution, may apply.for a,variance therefrom. it eh variance shall 'be allowed vhex as literal application or enforeament cif the regulations would roomlt in ppractieal- ffictlty or unt oessary,hardship and the relief granted, would not be contrary to the publia interest brat to substantial justice and be in accordance with the spirit of this.1esolution, action B. I Ragard HaEkIW and Lighting. Any variance granted under Section 7 may. if .such action is deemed advisable to effectuate the purposes of this Assolution and reasonable in the, eirv=strn.aes, be soconditioned as to acquire the owaer of the structure or tree in question at his avn expense, or permit :the City of Lubbock, Texas, at i,ts awn tXpense, to iri%tajl, p► *rate. end maintain thereon such markers and lights as met be necessary to indicate to flyers-the presence of an.alvport hazer& Sestioxa ..Xn ea 19. (1) A3W person aggrieved, or taxpayer affected. by any decision of the Bailding Inspector of the City of Tjdlbock, Texas; made in Ito administration of this Resolution, if of the opirdipu that a.decisi4qu of the luilding Inspector ig" an Inroper application of this Resolution, appeal- to the 'Board of Adjastsrent for ch provision is mado in: Oact on l.l. 01 (2) l appeals. taken =&er this Section witt be taken within r. reasonable time, ss provided,by thermlos of the low-dobF filing with the 1 ilding Inspector `eud. with the Xoar4, .a notice Of .apppeal epe�cifying °t)Ae gr�nde thereof. the %ild- Ug Inspector Shan xcrthwth'trsnaait to ;the Moard all the paper>a coastifaAtiag the .record. upon'which the act en appsaled front vzs takes. (3) --, appeal shall Dray all proceo&UWa In ftrtheranee of the action appealed fraMs unless the Building Inspector eaertif of to the ',Board, after the notice _of appeal b_ •been filed iith it# that by reason of the facto .stated in the certificate +-st*v VMi2A 1 in his .ppihion, tause irmirient peril :to life or (property.' In xmch '«ass, proaeedings shall not be aitayed otherwise 'gran by order of the Uiwd on notice .to th,e'l4ilding ia$pector and on +due cause'shov u. 4) The Board shall.tie a. reasonable time for the hearing of:the appeal, give VAlle notice aA due notice to the parties in Interest, and :decide the same within a reesonabl.e Itjie. tTpon the hearin iaA mag ePpeaar' in person or tv agent or ley attorney. (5) The Board ,May, in confora>:�.t wtth the provisions at. this Resolution, reveres or affix l vholly 'or partly, or tkoaii'y the order..'regaireraeat, decision, or deti ination_app;eal.e& ipm.and_ ''make Inch order, .riqulrement, decision, or determination as ,r ht ,to 'ba made, and. to that end ehai..l have all the powere of the 7°lilding Inspectior. Tba Mo ; e Vrittren find -nes of.fact end. coaclueibns :of,lair giving the fact upon s�hich 'it ;acted and its legal coac3.nsidns from such facts' in reversirng, ar'affirming, or modif�►iag , order, requirement' #ec a oa nr,determi- ratlon -which comes 'before.it uasr the provierjoU, Of'.we Resolution. 7 d'he con zrring mote of a:� $oritr of the members of the Ronrd shall be sufficient to reverse ;aqrlord.6ro. re*lromeut, decision, cr determinatl6n. of the 2jaildin 1hopector, or to 6eids iln favor of thi applienat an sny.v6,tter upon which it to required to pane vzder this Vesolutioa, for to effect any Variation in this Resoution. action 3©. dmi:SAi'strative AkM the Zxllditg ;InsTector for the City 'of Lubbock*, Tars i.s hereby designated 'the administrative agent charged ,raith the J;Ity of .e inistering and .JWorofing the retuUtUms :bereta prescribed. ' the Mies of the l iild�iag in ectrtr_`oball ;inclvAe that of hearing end decidlug all appi oa tions for *&.rianceii under,Sect CM' ?, but the ftilding Inspector. ..shall zot. have or exercise, any af_the -powers or, &xti.ed herein delegated 'to the Board of Ad�astmeut. action le load IiI f k�t�awstNint�� . x . The liid of uatment of,the Oita of Lubbock wd the 'ambers thereof oreat*& sad existing'under the provisions',.Of Zoning Ordinance Rio. 661 are hereby appointed wembors of the Board of Adjustment )Aare greete& umdeir.this Resolution' and said board. is herelq delegated. and sball ezercise the tollowlng=poverr: ($) To. Boar and. decided malls from 1.any order; regai.rewni, decision, or ;determination made by the 13ai.lding Inspector 14 the enforcement. of this ,�, P,�salutloas (b) To hear and. decide special exceptions #o the terms of thin SLesaln. talon lspon wblch o ch 1oard may be roquire& to 'pass .bV ,.*UUGqMnt 8e801tiUMS. } The Zoard .shall adopt des for_ its governance and. procedure In hSXm*V 'i Vith the provisions vf this Roso`lution, Meeting's of the Board: shall be held at • " 'ISOM the call *f the Chairman and at ISuch other times as the Foard. mag 4etertim. The Mairm a, . or .in bit ' administer oaths and ooVel. the ,attendance,of,witnesses. Ali +ear �of, the Board, shall be blic. - The Board abill keep siinxtes b lt.o proceedings,' 'sho'wi the vote of each mambei upon each:vestion, or# if absei►t or failing to vote. indicating such fast. and shall keep records of its examinations and other bf"iciai actions all of which shall mmediatel r be file :.in, the office of the Ord,and a. 11 be a pablic record. 6es Lion 12. jSL1-6ss.3'.2ev1ev. Arm pexsan aggrieved:. or taxpayer affected. by UU7 decision. of,the-8oaard of Adjustment epgeil to the District Court of the , idicis,I distriLA wherain the Airport is located, as provided in Section 11 of Chapter 391, Page 7$4, . .ato of 1947 06 3. Rd. 333)i 50tb Zegislature, State of Texas. Setstian l�l. a c�ruement,agd. Re d e R. The City of Lubbock, Texas, repo te].y, or in 'concoction frith the Cainty of Lubbook, Teraan, mw inet<itate In the District penirt of the judicial !Ii str3 et t&ereia the Airport is located, an aetion to prevent., "restrain, +coriec�t. .or Alate r violation of this Resolution or any re aattons. Ordere, ordinsneess resol tiohs. or rulings proni34gated or made parsuemt.. to this Rosolution, 'si& the 0ourt shall ad.jud& to the plaintiff. 'Ouc& relief, by cf InjiunettiOnt which day be maYtd tcr�r. or`other�rise,' ae -"be proper^under all 'the facts cirm=stsnees -of the 6aee, in order .to effect- ,a.ate the Vxrposes of this 31esoluti©n aid ,ef:the regautions adopte& saa orders. resolutiono. and ralingo MoAe.rirstlant..tboreto Section 14, gonfli cti Be ietkons. Where thin Resolutions inposos a greater at ;sore astringent restriction upon the use of limA than is iieposed or required b;r +any other "ordlis=e or :re C- lintionx, the T=vi.sions of this Resolution shall, govern. Section 11. v rab , itX. , if wW of the provisicn.s of thia Resolution or the application thereof U as `'person or eiremstaacses is .held Invalid, orsah Invalidity shall not effect without tba invalid provision �ior-appl cation and to this end the provisions of, .thin I-eso3.ution are declaved to be severable.. „Syr on ? f"i'e t le a e. Thi's Resolution tball take effect May 1, 1950. APIMVM loy Unsalmous vote of the City Oommission of :the City of Lubbock, Texas, this 11TH &Y of May I vox,', City Deal; ity� Se4rhta APPROVED by VZanizoas vote of the 0&-�issiouers Court of the County of -^- Zubbock this 12th &w of May 1950' City Judge '.opted by nn=imme vote of the ;OWA. F.IMRT ZOMO MOM of the City of Labbock =d. County of lubb ck— We day of 1950. C�"2A.4 rmpn ;7j , 'k --.s