HomeMy WebLinkAboutResolution - 010358A - Airport Zoning - Joint Airport Zining Commission - Lubbock Municipal Airport - 01_03_1958 R E S 0 L U T 1 0 N
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A RESOLUTION REGUL4TING AND RESTRICTING THE CIEIGHT OF STRUCTURES 'NOD
OBJECTS OF NATURAL GROWTHO AND OTHERWISE REGnLATING THE USE OF PRO-
PERTY, ON AND IN THE VICINITY OF THE LUBBOCK MUNICIPAL AfRPORT BYa
CREATING LANDING AREA, AIRPORT APPROACH, TURNING AND; TRAN:SITION ZONES
AND ESTABLISHING THE BOUNDARIES THEREOF: PROVIDING FOR CHANGES IN
THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONE`S: DEFINING ENFORCEMENT
OF THIS RESOLUTION AND GRANTING REMEDIES.
IN PURSUANCr OF THE AUTHORITY CONFERRED BY CHAPTER 39I � PAGET84-,
ACTS OF 1947 ( H. B. No . 333) , arTH LEGISLATURE, STATE OF TEXAS, AND,
FOR THE PURPOSES OF PROMOTING THE HEALTH .. SAFETY AND GENEkAL WELFARE
OF THE T3
INHABITANTS OF THE CITY OF LOBBOCK AND COUNTY OF LUBBOCK, EXAS
BY PREVENTING THE CREATION OR ESTABLISHMENT OF AIRPORT HAZARDS, TH`ERE—
� BY PROTECTING THE +LIVES AND PROPERTY OF OSERS OF THE LUBBOCK MUNIC"IPAL
AIRPORT AND OF OCCUPANTS OF LAND IN- ITS . VICINITY AND P-REVkNTING DE'S—
TRUCTION OR IMPAIRMENT OF THE UTILITY OF THE AIRPORT AND tHE PUGLI1C
INVESTMENT THEREIN ; AND
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WHEREAS, A PUBLIC HEARING WAS HELD PURSUANT TO THE PRESCRIBED
EGAL NOTICE ON THE FINAL REPORT OF THE JOINT AIRPORT Z�,NING .COMMISS
ION OF THE CITY OF LUBBOCK AND COUNTY OF LUBBOCK, TEXAS, ON THE 3RD
AY OF JANUARY, 1958 ; AND
WHEREAS, IT APPEARS THAT THE FOLLOWING AIRPORT ZONING REGULAT91ONS
RE PROPER; AND NECESSARY ;
BE IT RESOLVED BY THE JOINT AIRPORT ZONING BOARD OF THE CITY Or
UBBOCK AND COUNTY OF LUBBOCK:
SECTION I . SHORT TITLE. THIS RESOLUTION SHALL BE KNOWN AND MAY
E CITED AS THE "AIRPORT ZONING RESOLUTION, LUBBOCK MUNICIPAL AIRPpRT"
SECTION 2. DEFI.NITIONS. AS USED IN THkS RESOLUTION , UNLESS HE
ONTEXT OTHERWISE REQUIRES:
( I ) "AIRPORT" MEANS THE LUBBOCK MUNICIPAL AIRPORT.
(2) "AIRPORT'. HAZARI5" MEANS ANY STRUCTURE OR TREE OR USE OF LAND
RICH OBSTRUCTS THE AIRSPACE REQUIRED FOR THE FLIGHT OF AIRCRAFT I
ANDING OR TAKING—OFF ,AT THE AIRPORT OR IS OTHERWISE HAZARDOUS TO UCH
ANDING OR TAKING—OFF OF AIRCRAFT .
(3) "NON—CONFORMING USE" MEANS ANY STRUCTURE, TREE OR USE OFILAND
HICH DOES NOT CONFORM TO A REGULATION PRESCRIBED IN THISIIRESOLUT16N OR
N AMENDMENT Ti-H;E;R_M_Tjg, AS OF THE EFFECTIVE DATE OF SUCH REGULATIONS* t
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(4) "PERSON" MEANS ANY INDIVIDUAL, FIRM , CO—PARTNERSHIP , CORfORA—
ION, COMPANY, ASSOCIATION, JOINT STOCK ASSOCIATION OR BODY POLITIQ, AN
INCLUDES ANY TRUSTEE, RECEIVER, ASSIGNEE, OR OTHER SIMILAR REPRESE4TA
I'VE THEREOF.
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�5) "STRUCTURE" MEANS ANY OBJECT CONSTRUCTED OR INSTALLED BY
MANS INCLUDINGS BUT WITHOUT LIMITATIONS BUILDINGSS TOWERS.p SMOKESTACKS
AND OVERHEAD TRANSMISSION LINES.
( 6) "LANDING AREA" MEANS THE AREA OF THE AIRPORT USED FOR THE
LANDINGS TAKE—OFFO 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 LBBBOCKs TEXASp AND HIS SUCCESSORS IN
OFFICE.
SECTION 3. ZONES. 1N ORDER TO CARRY OUT THE PURPOSES OF THE
RESOLUTION ALL OF THE LAND WITHIN THE BOUNDARIES. OF THE AIRPORT AND
WITHIN THREE (3) MILES OF THE LANDING AREA OF THE AIRPORT., IS HEREBY i
DIVIDED INTO LANDING AREAS AIRPORT APPROACH ZONESp AIRPORT TURNING f
ZONES AND AIR—TRANSITION 'ZONESO THE. BOUNDARIES OF WHICH ARE SHOWN ON
THE "MUNICIPAL AIRPORT, LUBBOCKp TEXASO MAP SHOWING ALLOWABLE ELEVA—
T.IONS OF OBSTRUCTIONS IN THE VICINITY OF AIRPORT" AND DATED DECEMBER 3
1957S WHICH IS ATTACHED HERETO AND HEREBY MADE A PART HEREOF. y
SECTION 4. HEIGHT LIMITS. EXCEPT AS OTHERWISE PROVIDED IN THIS
RESOLUTIONS NO STRUCTURE OR TREE SHALL BE ERECTEDO ALTEREDO ALLOWED T
GROWS OR MAINTAINED IN THE LANDING AREA, OR IN ANY AIRPORT APPROACH
ZONES AIRPORT TURNING ZONE OR AIRPORT TRANSITION ZONE TO A HEIGHT IN
EXCESS OF THE APPLICABLE ' ELEVATIONS' ( ELEVATION ABOVE MEAN SEA LEVEL A
ESTABLISHED ' BY THE UNITED STATES COAST & GEODETIC SURVEY) SHOWN ON
THE ATTACHED MAP AND HEREIN ESTABLISHED FOR SUCH ZONE.
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� SECTION 5. USE- RESTRICTIONS. NOTWITHSTANDING ANY OTHER PROVI—
SIONS OF THIS RESOLUTIONS NO USE MAY BE MADE OF LAND WITHIN THE LAND—
ING AREAS OR IN ANY AIRPORT APPROACH ZONES AIRPORT TURNING ZONE OR
AIRPORT TRANSITION ZONES IN SUCH A MANNER AS TO CREATE ELECTRICAL IN—
TERFERENCE WITH RADIO COMMUNICATION BETWEEN THE AIRPORT AND AIRCRAFT$
MAKE IT DIFFICULT FOR FLYERS TO DISTINGUISH BETWEEN AIRPORT LIGHTS AND
OTHERSO RESULT IN GLARE IN THE EYES OF FLYERS USING THE AIRPORTS IM—
PAIR VISIBILITY IN THE VICINITY OF THE AIRPORT., OR OTHERWISE ENDANGER
THE LANDINGS TAKING—OFF2 OR MANEUVERING OF AIRCRAFT.
SECTION 6." NO,N-CONFORMING .USES. THE REGULATIONS PRESCRIBED IN
SECTIONS 4 AND 5 OF THIS RESOLUTION SHALL NOT . BE CONSTRUED TO REQUIRE
THE REMOVALS LOWERINGS OR OTHER CHANGE OR ALTERATION OF ANY STRUCTURE
OR TREE NOT CONFORMING TO THE REGULATIONS AS OF THE EFFECTIVE DATE
HEREOFO OR OTHERWISE INTERFERE WITH THE CONTINUANCE OF ANY NON—CONFORM -
ING USE. NOTHING HEREIN CONTAINED SHALL REQUIRE ANY CHANGE IN THE CON
STRUCTIONO ALTERATION, OR INTENDED USE OF ANY STRUCTURE THE CONSTRUCT—
ION OR ALTERATION OF WHICH WAS BEGUN PRIOR TO THE EFFECTIVE DATE OF
THIS RESOLUTION , AND IS DILIGENTLY� PROSECUTED AND COMPLETED WITHIN TWO
+w�,. YEARS THEREOF.
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SECTION 7. VARIANCES. ANY PERSON DESIRING TO ERECT ANY STRUCTO �E
OR INCREASE THE HEIGHT OF ANY STRUCTURE, OR PERMIT THE GROWTH OF ANY
TREE, OR USE HIS PROPERTY, NOT IN ACCORDANCE WITH THE REGULATIONS PRE-
SCRIBED IN THIS . RESOLUTION,, MAY APPLY FOR A VARIANCE THEREFROM, SUCH
VARIANCE SHALL BE ALLOWED WHERE AS LITERAL APPLICATION OR ENFORCEMENT
OF THE REGULATIONS WOULD RESULT IN PRACTICAL DIFFICULTY OR UNNECESSAR
HARDSHIP AND THE RELIEF GRANTED WOULD NOT BE CONTRARY TO THE PUBLIC
INTEREST BUT DO SUBSTANTIAL JUSTICE AND BE IN ACCORDANCE WITH THE
SPIRIT OF THIS RESOLUTION .
SECTION 8. HAZARD MARKING AND LIGHTING . ANY VARIANCE GRANTED
UNDER SECTION 7 MAY, IF SUCH ACTION IS DEEMED ADVISABLE TO EFFECTUATE
THE PURPOSES OF THIS RESOLUTION AND REASONABLE IN THE CIRCUMSTANCES
BE SO CONDITIONED AS TO REQUIRE THE OWNER OF THE STRUCTURE OR TREE IN
QUESTION AT HIS OWN EXPENSEp OR PERMIT THE CITY OF LUBBOCK,, TEXAS, AT
ITS OW'N EXPENSEp TO INSTALLp OPERATE., AND MAINTAIN THEREON SUCH MARKE S
AND LIGHTS AS MAY BE NECESSARY TO INDICATE TO FLYERS THE PRESENCE OF
AN AIRPORT HAZARD .
SECTION 9. APPEALS.
( I ) ANY PERSON AGGRIEVEDp. OR TAXPAYER AFFECTEDS BY ANY DECISION
OF THE BUILDING INSPECTOR OF THE CITY OF LUBBOCKj, TEXAS, MADE IN ITS
ADMINISTRATION OF THIS RESOLUTION ., RAF OF THE OPINION THAT A DECISION
OF THE BUILDING INSPECTOR IS AN IMPROPER APPLICATION OF THIS RESOLU—
TIONO MAY APPEAL TO THE BOARD OF ''ADJUSTMENT FOR WHICH PROVISION IS
MADE IN SECTION
(2) ALL APPEALS TAKEN UNDER THIS SECTION MUST BE TAKEN WITHIN A
REASONABLE TIMED AS PROVIDED BY"_ THE RULES OF THE BOARDp BY FILING WITH
THE BUILDFN`G INSPECTOR AND WITH THE BOARDj, A NOTICE OF APPEAL SPECIFY—
ING THE GROUNDS THEREOF . THE BUILDING INSPECTOR SHALL FORTHWITH TRANS
MIT TO THE BOARD ALL THE PAPERS CONSTITUTING THE RECORD UPON WHICH THE
ACTION APPEALED FROM WAS TAKEN .
(3) AN APPEAL SHALL STAY ALL PROCEEDINGS IN FURTHERANCE OF THE
ACTION APPEALED FROMp UNLESS THE BUILDING INSPECTOR CERTIFIES TO THE
BOARDp AFTER THE NOTICE OF APPEAL HAS BEEN FILED WITH ITp THAT BY
REASON OF THE FACTS STATED IN THE CERTIFICATE A STAY WOULD, IN HIS
OPINIONp CAUSE IMMINENT PERIL TO LIFE OR PROPERTY. IN SUCH CASED PRO—
CEEbINGS SHALL NOT BE STAYED OTHERWISE THAN BY ORDER OF THE BOARD ON
NOTICE TO THE BUILDING INSPECTOR AND ON DUE CAUSE SHOWN .
(4) THE BOARD SHALL FIX A REASONABLE TIME FOR THE HEARING OF THE
APPEALO GIVE PUBLIC NOTICE AND DUE NOTICE TO THE PARTIES IN INTERESTp
AND DECIDE THE SAME WITHIN A REASONABLE TIME. UPON THE HEARING ANY
PARTY MAY APPEAR IN PERSON OR BY AGENT OR BY ATTORNEY.
(5) THE BOARD- MAYp IN CONFORMITY ,WITH THE PROVISIONS OF THIS
ESOLUTIONO REVERSE OR AFFIRMO WHOLLY OR PARTL.Yo OR MODIFY.. THE ORDERp
- EQUIREMENT$ DECISIONp OR DETERMINATION APPEALED FROM AND MAY MAKE SIJ
RDER* REQUIREMENT.9 DECISIONp OR DETERMINATION AS OUGHT TO BE MADEp q,
0 THAT END SHALL HAVE ALL THE POWERS OF THE BUILDING INSPECTOR .
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( 6) THE BOARD SHALL MAKE WRITTEN FINDINGS OF FACT AND CONCLUSION
OF LAW GIVING THE FACTS UPON WHICH IT ACTED AND ITS LEGAL CONCLUSIONS
FROM SUCH FACTS IN REVERSINGa OR AFFIRMING, OR MODIFYING ANY ORDER,
REQUIREMENTS DECISION OR DETERMINATION WHICH COMES BEFORE IT UNDER THE
PROVISIONS OF THIS RESOLUTION .
(7.) THE CONCURRING VOTE OF A MAJORITY OF THE MEMBERS OF THE
BOARD SHALL BE SUFFICIENT TO REVERSE ANY ORDERS REQUIREMENTS DECISIONS
OR DETERMINATION OF THE BUILDING INSPECTOR, OR TO DECIDE IN FAVOR OF
THE APPLICANT ON ANY MATTER UPON WHICH IT IS REQUIRED TO PASS UNDER
THIS RESOLUTIONS OR TO EFFECT ANY VARIATION IN THIS RESOLUTION .
SECTION 10. ADMINISTRATIVE AGENCY. THE BUILDING INSPECTOR FOR
THE CITY OF LUBBOCK,, TEXASp IS HEREBY DESIGNATED THE ADMINISTRATIVE
AGENCY CHARGED WITH THE DUTY OF ADMINISTERING AND ENFORCING THE REGULA -
TIONS HEREIN PRESCRIBED . THE DUTIES' OF THE BUILDING INSPECTOR SHALL
INCLUDE THAT OF HEARING AND DECIDING ALL APPLICATIONS FOR VARIANCES
UNDER SECTION 7, BUT THE BUILDING INSPECTOR SHALL NOT HAVE OR EXERCISE
ANY OF 'THE POWERS OR DUTIES HEREIN DELEGATED TO THE BOARD OF ADJUSTMEN
SECTION II . BOARD OF ADJUSTMENT .
( 1 ) THE BOARD OF ADJUSTMENT OF ,THE CITY OF LUBBOCK AND THE ,MEM—
BERS THEREOF CREATED AND EXISTING UNDER THE 'PROVISIONS OF ZONING ORD—
INANCE NO. 1695 ARE HEREBY APPOINTED MEMBERS OF THE BOARD OF ADJUSTMENT
HERE CREATED UNDER THIS RESOLUTION AND SAID BOARD IS HEREBY DELEGATED
AND SHALL EXERCISE THE FOLLOWING POWERS:
( A) TO HEAR AND DECIDE APPEALS FROM ANY ORDER., REQUIREMENTpIl
DECISIONS OR DETERMINATION MADE BY THE BUILDING INSPECTOR IN THE N
ENFORCEMENT OF THIS RESOLUTION .
( B) TO HEAR AND DECIDE SPE41 AL EXCEPTIONS TO THE TERMS OF
THIS RESOLUTION UPON WHICH SUCH BOARD MAY BE REQUIRED TO PASS BY
SUBSEQUENT RESOLUTIONS.
(2) THE BOARD SHALL ADOPT RULES FOR ITS GOVERNANCE AND PROCEDURE
IN HARMONY WITH THE PROVISIONS OF THIS RESOLUTION . MEETINGS OF THE
BOARD SHALL BE HELD AT THE CALL OF THE CHAIRMAN AND AT SUCH OTHER TIME
AS THE BOARD MAY DETERMINE. THE CHAIRMAN, OR IN HIS ABSENCE THE ACTIN
CHAIRMANp MAY ADMINISTER OATHS AND COMPrL THE ATTENDANCE OF WITNESSES.
ALL HEARINGS OF THE BOARD SHALL BE PUBLIC. THE BOARD SHALL KEEP MIN—
UTES OF ITS PROCEEDINGSp SHOWING THE VOTE OF EACH MEMBER UPON EACH
QUESTIONS ORp IF ABSENT OR FAILING TO VOTES INDICATING SUCH FACTS AND
SHALL KEEP RECORDS OF ITS EXAMINATIONS AND OTHER OFFICIAL ACTIONSP ALL
OF WHICH SHALL IMMEDIATELY BE FILED IN THE OFFICE OF THE BOARD AND
SHALL BE A PUBLIC RECORD.
SECTION 12. JUDICIAL Rrvi Ew. ANY PERSON AGGRIEVEDp OR TAXPAYER
AFFECTEDp BY ANY DECISION OF THE BOARD OF ADJUSTMENT MAY APPEAL TO THE
DISTRICT '.COURT OF THE JUDICIAL DISTRICT WHEREIN THE AIRPORT IS LOCATED
,AS PROVIDED IN SECTION 11 OF CHAPTER 391p PAGE 754p ACTS OF 1947 (Hob.
N0. 333( , 50TH LEGISLATUREp STATE OF TEXAS.
SECTIO_N�13. ENFORCEMENT_ AND REMEDIES. THE CITY OF LUBBOCK, TEXAS
SEPARATELY$ OR IN CONJUNCTION WITH THE COUNTY OF LUBBOCK, TEXAS, MAY
INSTITUTE IN THE DISTRICT COURT OF THE JUDICIAL DISTRICT WHEREIN THE
AIRPORT IS LOCATED, AN ACTION TO PREVENT, RESTRAIN, CORRECT, OR ABATE
ANY VIOLATION OF THIS. RESOLUTION OR ANY REGULATIONS, ORDERS, ORDINANCE ,
RESOLUTIONS, OR RULINGS PROMULGATED OR MADE PURSUANT TO THIS RESOLUTIO
AND THE COURT SHALL ADJUDGE TO THE PLAINTIFF SUCH RELIEF, BY WAY OF
INJUNCTION, WHICH MAY BE MANDATORY, OR OTHERWISE, AS MAY BE PROPER
UNDER ALL THE FACTS AND CIRCUMSTANCES OF THE CASE, IN . ORDER TO EFFECT—
UATE THE PRUPOSES OF THIS RESOLUTION AND OF THE REGULATIONS ADOPTED
AND ORDERS, RESO�LUTIONS, AND ,RULINGS MADE PURSUANT THERETO .
SECTION {4. CONFLICTING REGULATIONS. WHERE THIS RESOLUTION
IMPOSES A GREATER OR MORE STRINGENT RESTRICTION UPON THE USE OF LAND
THAN IS IMPOSED OR REQUIRED BY ANY OTHER ORDINANCE OR REGULATIONS,
HE PROVISIONS OF THIS RESOLUTION SHALL GOVERN .
SECTION 15. THE ZONING PROVIDED AND ESTABLISHED BY THIS RESOLUTIO
IN THESE PROCEEDINGS SU'PERCEDES ALL OTHER ZONING HERETOFORE PROVIDED
WITH REFERENCE- TO THE LUBBOCK MUNICIPAL AIRPORT.
OECTION 16. SEVERABILIT7. IF ANY OF THE PROVISIONS OF THIS
RESOLUTION OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCES
QM IS HELD INVALID, SUCH INVALIDITY SHALL NOT AFFECT WITHOUT THE INVALID
s ROVISION OR APPLICATION , AND TO THIS END THE PROVISIONS OF THIS
. ESOLUTION ARE DECLARED TO BE SEVERABLE .
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SECTION It.. EFFECTIVE DATE. THIS RESOLUTION SHALL TAKE EFFECT
y'`�• JANUARY 15, 1958.
.4 ADOP$'rD BY UNANIMOUS VOTE OF THE JQJNT AIRPORT ZONING BOARD OF TH
CITY OF LUBBOCK AND 'COUNTY OF LUBBOCK THIS 3RD DAY OF JANUARY , 1958 .
CHAIRMAN
TTES
SECRETAR
RATIFIED BY UNANIMOUS VOTE OF THE CITY COMMISSION OF THE CITY OF
UBBOCK, TEXAS, THIS 9th DAY OF January , 1958 .
MAYOR, CITY OF LUBBOC
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CIf TY '.SECRETARY
RATIFIED BY UNANIMOUS VOTE OF THE COMMISSIONERS COURT OF THE
COUNTY OF LUBBOCK TR 1 S ' '3 DAY OF J �r I958.
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