The Zoning Ordinance covering the airpark and operations there has been updated multiple times. Updates occurred in 1991,1995, 1996, 1998, 2003 and 2010. The 2003 Ordinance prohibited commercial operations, including transportation of passengers, flight instruction and airplane rental. The 2010 Ordinance modified language on flight instruction and added language redefining commercial operations to include a “profit” test.
The 2010 Ordinance redefinition is not legally correct under any interpretation of Texas law. The exchange of goods or services for value is a commercial activity, even if one counterpart is a non-profit, church, charity or governmental entity.
A basic tenet of municipal zoning is that the city must enact zoning that complies with its Comprehensive Plan. The Comprehensive Plan describes limited operations at the airpark as limited recreational uses with commercial services available in Austin.