§ 18-59. Permits.

(a)

Future uses. Except as specifically provided in subsections (a)(1), (2) and (3) of this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established and no tree shall be planted in any zone created by this article unless a permit shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to determine whether the resulting use, structure or tree would conform to this article. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with this article shall be approved in accordance with section 18-57. Nothing contained in any of the following exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any of the height limits established by this article except as set forth in subsection 18-61(b):

(1)

In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

(2)

In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

(3)

In the areas lying within the limits of the transitional zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of 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 transitional zones.

(b)

Existing uses. No permit shall be granted that would allow the establishment or creation 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 the ordinance from which this section derives or any amendments to this article or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

(c)

Nonconforming uses abandoned or destroyed. Whenever the joint airport zoning board determines that a nonconforming structure or tree has been abandoned or more than 80 percent torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the established zoning regulations.

(d)

Variances. Any person desiring to erect or increase the height of any structure or permit the growth of any tree or use his property in violation of this article may apply to the board of adjustment for a variance from this article. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variance shall be allowed when it is duly found that a literal application or enforcement of this article will result in unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of this article. Additionally, no application for variance from this article may be considered by the board of adjustment unless a copy of the application has been furnished to the airport manager for advice as to the aeronautical effects of the variance. If the airport manager does not respond to the application within 15 days after receipt, the board of adjustment may act on its own to grant or deny the application.

(e)

Obstruction marking and lighting. Any permit or variance granted if such is deemed advisable by the joint airport zoning board or the board of adjustment to effectuate the purpose of this article and if such is deemed reasonable in the circumstances may be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain at his own expense such markings and lights as may be deemed necessary.

(Code 1968, § 4-28)

State law reference

Permits, V.T.C.A., Local Government Code § 241.021.

Cross reference

Application for permit shall be filed with the joint airport zoning board, § 18-57.