HomeMy WebLinkAboutOrdinance 10121~* ~ .~ ;
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ORDINANCE NO. /v 1~/
AN ORDINANCE RESCINDING ORDINANCE NO. 10078; AMENDING
ARTICLE VI, "AIRPORT ZONING REGULATIONS," OF CHAPTER 3,
"AIRPORTS AND AIRCRAFT," OF THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, BY ADDING A DIVISION 4 THERETO,
TO BE ENTITLED "FORT WORTH ALLIANCE AIRPORT FORT WORTH
OVERLAY ZONING DISTRICT," RESTRICTING AND REGULATING THE
USE OF LAND IN THE VICINITY OF THE FORT WORTH ALLIANCE
AIRPORT TO PROTECT THE HEALTH AND SAFETY AND TO PROMOTE
THE WELFARE OF THE GENERAL PUBLIC; PROVIDING FOR COM-
PATIBLE USES OF LAND IN THE VICINITY OF THE AIRPORT BY
CREATING APPROPRIATE AIRPORT DEVELOPMENT ZONES AND ESTAB-
LISHING THE BOUNDARIES THEREOF; FACILITATING PREDICTABLE
GROWTH AND DEVELOPMENT IN THE VICINITY OF THE AIRPORT;
PRESERVING THE LONG-TERM INTEGRITY OF AIRPORT USAGE AND
OPERATIONS; RESTRICTING AND REGULATING AVIATION HAZARDS
AND THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH
IN THE VICINITY OF THE AIRPORT BY CREATING APPROPRIATE
AIRPORT HEIGHT CONTROL AREAS AND ESTABLISHING THE BOUND-
ARIES THEREOF; PROVIDING FOR ADMINISTRATION AND ENFORCE-
MENT OF AIRPORT HEIGHT CONTROL REGULATIONS AND AIRPORT
COMPATIBLE LAND USE REGULATIONS; PROVIDING FOR PERMITS TO
EVIDENCE COMPLIANCE WITH AIRPORT HEIGHT CONTROL REGULA-
TIONS AND AIRPORT COMPATIBLE LAND USE REGULATIONS; ESTAB-
LISHING A BOARD OF ADJUSTMENT TO HEAR APPEALS AND GRANT
VARIANCES WITH REGARD TO AIRPORT HEIGHT CONTROL REGULA-
TIONS AND AIRPORT COMPATIBLE LAND USE REGULATIONS; PROVID-
ING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 15, 1988, the City Council adopted Ordinance
No. 10078; and ,
WHEREAS, the City Council desires to rescind Ordinance
No. 100~~;'8 in its entirety and adopt this ordinance in lieu thereof;
and
WHEREAS, the City Council of the City of Fort Worth finds that:
1) the airport height control regulations and airport com-
patible land use regulations contained in this ordinance
are adopted pursuant to the authority conferred upon the
City by the Airport Zoning Act, Chapter 241 of the Local
Government Code of the State of Texas;
2) that obstructions may interfere with visual, radar, radio
or other systems .for tracking, acquiring data relating to,
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monitoring or controlling aircraft; that obstructions may
reduce the size of areas available for the landing, taking
off and maneuvering of aircraft thus tending to destroy or
impair the utility of the Airport and the public invest-
ment therein; and that obstructions may affect the welfare
of users of the Airport and of owners, occupants and users
of land in the vicinity of the Airport;
3) that airport compatible land use planning is essential for
the long-term success of the Airport; that it is impera-
tive that airport compatible land use planning be accomp-
lished as early as possible through the imposition of
airport compatible land use zoning regulations; that use
and operation of the Airport may affect the owners, occu-
pants and users of land in the vicinity of the Airport
because of levels of noise; and that individual reaction
to noise varies based on perceptions, emotions and other
physical variables; and that all areas that may experience
noise levels in excess of 65 Ldn will be contained within
the boundaries of the Development Zone (as herein de-
fined) .
WHEREAS, it is further found:
1) that the Airport fulfills an essential community purpose;
2) that the creation or esta'r~lishment of obstructions is a
public nuisance, injures the region served by the Airport
and affects the welfare of users of the Airport and of
owners, occupants and users of land in the vicinity of the
Airport;
3) that obstructions reduce the size of the area available
for the landing, taking off and maneuvering of aircraft;
4) that it is necessary in the interest and welfare of the
general public that the creation or establishment of
obstructions that are a hazard to the taking off, landing
and maneuvering of aircraft or that interfere with visual,
radar, radio or other systems for tracking, acquiring data
relating to, monitoring or controlling aircraft be pre-
vented;
5) that the encroachment of noise sensitive, vibration sensi-
tive or otherwise incompatible land uses will destroy or
impair the utility of the Airport and the public invest-
ment therein;
6) that it is necessary in the interest and welfare of the
general public that the creation or establishment of in-
compatible land uses be prevented;
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7) that it is necessary in the interest of predictable growth
and development of land in the vicinity of the Airport,
the long-term integrity of Airport usage and operations
and minimizing future conflicts between use and operation
of the Airport and development of land in the vicinity of
the Airport that the creation or establishment of incom-
patible land uses be prevented;
8) that the prevention of hazards to air navigation; the
elimination, removal, alteration or mitigation of hazards
to air navigation; the marking and lighting of obstruc-
tions and the prevention of incompatible uses of land in
the vicinity of the Airport are public purposes for which
the City of Fort Worth may raise and expend public funds
and acquire land or interests in land.
WHEREAS, the City of Fort Worth has a population of more than
50,000 inhabitants according to the last preceding Federal Census;
WHEREAS, the Airport is located within the corporate limits of
the City of Fort Worth;
WHEREAS, the City Council of the City of Fort Worth by Resolu-
tion No. 1300 dated January 26, 1988, designated the Fort Worth
Zoning Commission as the North Fort Worth Airport Zoning Commission;
WHEREAS, the City Council of the City of Haslet, Texas, by
Resolution No. 74 dated January 18, 1988, designated the Fort Worth
Zoning Commission as the North Fort Worth Airport Zoning Commission;
WHEREAS, the Preliminary Report of the North Fort Worth Airport
Zoning Commission, dated February 10, 1988, was prepared setting
forth recommendations regarding airport height control zoning regu-
lations and airport compatible land use zoning regulations appli-
cable to land in the vicinity of the Airport and regarding the
boundaries of the areas to which such regulations should apply;
WHEREAS, notice of a public hearing before the North Fort Worth
Airport Zoning Commission on its Preliminary Report was published on
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January 22, 1988, in the Fort Worth Star-Telegram, a newspaper
having a general circulation in each political subdivision in which
the airport height control zoning regulations and airport compatible
land use zoning regulations were recommended for adoption, which
date was before the 15th day before the date of said public hearing;
WHEREAS, notice of a public hearing before the North Fort Worth
Airport Zoning Commission on its Preliminary Report was mailed on
January 22, 1988, to owners of land located in the Airport Height
Control Area (as hereinafter defined) and the Development Zone (as
hereinafter defined) and to property owners within 200 feet of such
land, which date was before the 15th day before the date of said
public hearing;
WHEREAS, the North Fort Worth Airport Zoning Commission held a
public hearing on its Preliminary Report on February 10, 1988, at
10:00 a.m. in the Fort Worth City Council Chambers, at which hearing
the Preliminary Report was considered and approved;
WHEREAS, the Final Report of the North Fort Worth Airport
Zoning Commission was prepared setting forth final recommendations
regarding airport compatible land use zoning regulations and airport
height control area zoning regulations applicable to land in the
vicinity of the Airport and regarding the boundaries of the areas to
which such regulations should apply;
WHEREAS, notice of a public hearing before the North Fort Worth
Airport Zoning Commission on its Final Report was published on
March 26, 1988, in the Fort Worth Star-Telegram, a newspaper having
a general circulation in each political subdivision in which the
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airport height control zoning regulations and airport compatible
land use zoning regulations were ,recommended for adoption, which
date was before the 15th day before the date of said public hearing;
WHEREAS, a notice of a public hearing before the North Fort
Worth Airport Zoning Commission on its Final Report was mailed on
March 25, 1988, to owners of land located in the Airport Height
Control Area (as hereinafter defined) and the Development Zone (as
hereinafter defined) and to property owners within 200 feet of such
land, which date was before the 15th day before the date of said
public hearing;
WHEREAS, the North Fort Worth Airport Zoning Commission held a
public hearing on its Final Report on April 13, 1988, at 10:00 a.m.
in the Fort Worth City Council Chambers, at which hearing the Final
Report was considered and approved;
WHEREAS, notice of a public hearing before the City Council of
the City of Fort Worth on the Final Report of the North Fort Worth
Airport Zoning Commission was published on May 13, 1988, in the Fort
Worth Star-Telegram, a newspaper having general circulation in each
political subdivision in which the airport height control zoning
regulations and airport compatible land use zoning regulations were
proposed for adoption, which date was before the 15th day before the
date of said public hearing;
WHEREAS, notice of a public hearing before the City Council of
the City of Fort Worth on the Final Report of the North Fort Worth
Airport Zoning Commission was mailed on May 13, 1988, to owners of
land in the Airport Height Control Area and the Development Zone and
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to property owners within 200 feet of such land, which date was
before the 15th day before the date of said public hearing;
WHEREAS, the City Council of the City of Fort Worth held a
public hearing on the Final Report of the North Fort Worth Airport
Zoning Commission on June 2, 1988, at which time parties in interest
. and citizens had an opportunity to be heard;
WHEREAS, the City Council of the City of Fort Worth approved
the Final Report of the North Fort Worth Airport Zoning Commission
on June 2, 1988;
WHEREAS, in its determination of which airport height control
zoning regulations and airport compatible land use zoning regula-
tions to adopt, the North Fort Worth Airport Zoning Commission and
the City Council of the City of Fort Worth considered, among other
things, the character of the flying operations expected to be con-
ducted at the Airport, the nature of the terrain in the vicinity of
the Airport, the character of the neighborhood in the vicinity of
the Airport, the current and future uses of the land in the vicinity
of the Airport, and expected noise contours;
WHEREAS, the City Council of the City of Fort Worth has deter-
mined that the airport height control zoning regulations and the
airport compatible land use zoning regulations unposed by this
ordinance are reasonably necessary to achieve the purposes of the
Airport Zoning Act; and
WHEREAS, the land in the vicinity of the Airport that is sub-
ject to the airport compatible land use zoning regulations enacted
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by this ordinance lies within the "controlled compatible land use
area" as defined by the Airport Zoning Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
That Ordinance No. 10078, adopted March 15, 1988, is hereby re-
scinded in its entirety.
SECTION 2.
That Article VI, "Airport Zoning Regulations," of Chapter 3,
"Airports and Aircraft," of the Code of the City of Fort Worth be
amended by adding a Division 4~thereto, to read as follows:
"DIVISION 4. FORT WORTH ALLIANCE AIRPORT ZONING OVERLAY DISTRICT
Sec. 3-260. SgYORT TITLE
This division shall be known and may be cited as the
'Fort Worth Alliance Airport Fort Worth Overlay Zoning
District.'
Sec. 3-261. DEFINITIONS
The following words, terms and phrases, when used in
this division, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a
different meaning:
l~ct means the Airport Zoning Act, Chapter 241 of the Local
Government Code of the State of Texas, as amended.
Airport means the area of land located within the City of
Fort Worth referred to as the Fort Worth Alliance Airport
which is designed and set aside for the landing and taking
off of aircraft, and used or to be used in the interest of
the public for such purpose. The term includes an area
with installations relating to flights, including instal-
lations, facilities and bases of operations for tracking
flights or acquiring data concerning flights.
Airport hazard means a structure
growth that obstructs the airspace
off, landing and maneuvering of z
feres with visual, radar, radio
tracking, acquiring data relating
trolling aircraft.
or object of natural
required for the taking
aircraft or that inter-
or other systems for
to, monitoring or con-
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Airport Height Control Area means the Fort Worth Alliance
Airport Height Control Area more particularly described on
Exhibit "A".
City means the City of Fort Worth, Texas.
Compatible land use means a use of land adjacent to the Ai
fare of the owners, occupants or users of the land because
of levels of noise or vibrations or the risk of personal
injury or property damage created by the operations of the
airport, including the taking off and landing of aircraft.
Coverage means the percentage of gross lot area covered by
a roof, floor or other structure.
Development Zone means the Fort Worth Alliance Airport
Development Zone more particularly described on
Exhibit "B".
Director shall mean the Director of the Development
Department of the City, or his designee.
Fort Worth Development Zone means that portion of the
Development Zone located within the corporate limits of
the City.
Floor Area Ratio means the quotient of the Net Floor Area
divided by thevross Lot Area.
Gross Lot Area means the total ground area of the site,
from property line to property line, including any ground
area subject to any easement or license.
Net Floor Area means the area in the various floors of a
building, measured between the exterior faces of the
building, including mezzanines and interior balconies, but
excluding:
(i) All basements, sub-basements and cellars whose
ceilings are at or below grade (ground level of
the finished building);
(ii) All interior spaces devoted exclusively to
vehicular parking and loading and all access
ramps and maneuvering areas accessory thereto;
(iii) All arcades which have at least a fourteen (14)
foot ceiling and are open to public traverse
during the normal business hours of the build-
ing;
(iv) All courts;
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(v) All shafts as defined in the Building Code of
the City;
(vi) All stair wells; and
(vii) Customary accessory uses such as elevator
penthouses or bulkheads, .mechanical equipment
cooling towers or tanks and ornamental cupolas
and domes erected on the top of a building.
Obstruction means a structure, growth or other object,
including a mobile object, that exceeds a limiting height
established by federal regulations or by this division.
Site means the total area of a lot or tract of land, from
property line to property line, including any land subject
to any easement or license. A site shall be a homogeneous
parcel under single ownership or unified control.
Structure means an object constructed or installed by one
or more persons and includes a building, tower, smokestack
and overhead transmission line.
Zoning map means the 'Fort Worth Alliance Airport Zoning
Map.'
Sec . 3-262 . III~C®RPORATION OF ZONING MAPS
The zoning maps, in<:luding legal descriptions of the
Airport Height Control Area and the Airport Development
Zone, marked Exhibit "A" and Exhibit "B", respectively, to
this division, are herek>y incorporated in this division
and attached to this division for all purposes incident to
the administration and enforcement of this division.
Sec. 3-263. GENERAL PROVISIONS
This division impo:~es airport compatible land use
zoning regulations on the Development Zone that are in
addition to existing or future use regulations, if any,
applicable in the Development Zone because of any under-
lying zoning classifications enacted by any political
subdivision. All uses permitted by any underlying zoning
classifications shall be permitted in the Development Zone
unless such uses are prohibited by this division or are
otherwise in conflict with or are inconsistent with this
division, in which case this division shall control.
This division imposes airport height control area
zoning regulations on the Airport Height Control Area that
are in addition to existing or future height regulations,
if any, applicable in the Airport Height Control Area
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because of any underlying zoning classifications enacted
by any political subdivision. All height regulations
imposed by any underly:i.ng zoning classifications shall
apply in the Airport Height Control Area unless such regu-
lations are in conflict with or are inconsistent with this
division, in which case (i) if the conflict or inconsis-
tency affects land in i:he Development Zone, this shall
control or (ii) if the conflict or inconsistency affects
land outside the Development Zone, the more stringent reg-
ulations shall control.
Sec. 3-264. DEVELOPMENT GONE AND AIRPORT HEIGHT CONTROL
AREA
The airport height control area zoning regulations
set forth in this division shall apply to the Airport
Height Control Area. The airport compatible land use
zoning regulations set forth in this division shall apply
to the Development 'Lone.
Sec. 3-265. COMPATIBLE LAND USE REGULATIONS
(a) All uses from time to time permitted by any under-
lying zoning classifications, if any, enacted by
political subdivision and applicable to the Develop-
ment Zone shall be permitted in the Development Zone
except the following uses which are prohibited in the
Development Zone:
(1) all residential uses; provided, however, resi-
dential uses tYiat are incidental to or ancillary
to the operation of the Airport or to the con-
duct of aviation-related activities, including,
for example and without limitation, crew rest
quarters and temporary housing for aviation
trainees permitted by this division shall be
permitted as a matter of right in the Develop-
ment Zone.
(2) all educational. uses, including, but not limited
to, public and private schools, kindergartens
and child care facilities, colleges and univer-
sities, and vocational schools; provided, how-
ever, notwithstanding the foregoing, (i) schools
for flight insfi:.ruction or for vocations associ-
ated with the Airport, airplanes or aviation-
related activities and (ii) facilities for
employee or client training or instruction
related to services or products associated with
the business of` the entity providing such train-
ing or instruction (provided such training or
instruction is not the primary business of such
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entity) shall be permitted as a matter of right
in the Development Zone;
(3) hospitals; nursing homes, institutions or any
other facilities providing convalescent or
rehabilitative care; establishments for the
care, treatment or rehabilitation of alcoholic,
narcotic or psychiatric patients; residence
homes for the aged; and institutions, homes or
rehabilitation centers for persons convicted of
crimes; provided, however, notwithstanding
anything contained herein to the contrary, medi-
cal, dental or optical clinics for the examina-
tion, consultation or treatment of patients,
medical laboratories, establishments for the
sale or rental. of or industrial facilities for
the manufacture of medical or optical supplies
and equipment, pharmacies, veterinarian clinics
and related facilities, emergency medical facil-
ities operateci by or in connection with the
Airport shall be permitted as a matter of right
in the Development Zone; and
(b) Heliports, helistops and any other facilities for the
landing and taking off of helicopters, and accessory
uses thereto, shall be permitted as a matter of right
in the Development Zone; provided, however, no heli-
port, helistop or other facility for the landing and
taking off of hel~_copters shall be located within
1,000 feet of any c];iurch, library or public park. The
City Council of the City may, however, approve the
location of a heliport, helistop or other facility
for the landing and taking off of helicopters that is
less than 1,000 feet from any church, library or pub-
lic park.
(c) Hotels and motels :hall be permitted as a matter of
right in the Development Zone without the imposition
of limitations or conditions.
(d) No use may be made of land or water within the
Development Zone tYiat will create electrical inter-
ference with navigational signals or radio communica-
tion between the Airport and aircraft, or that will
create interference. with any internavigation facil-
ity, airport visual approach or landing aid, aircraft
arresting device o:r meteorological device, or that
will make it difficult for pilots to distinguish
between airport lights and other lights, result in
glare in the eyes o:E pilots using the Airport, impair
visibility in the vicinity of the Airport, create
bird strike hazards, or otherwise in any way endanger
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or interfere with t:he landing, taking off or maneu-
vering of aircraft using the Airport.
(e) Setback requirements applicable in the Fort Worth
Development Zone sh<~11 be as follows:
1. Front yard setback - If the site contains two
(2) acres or less, a minimum front yard of
thirty (30) feet shall be required. If the site
contains more than two (2) acres, a minimum
front yard of j~ifty (50) feet shall be required.
2. Rear yard setback -
twenty-five ( 2_`i) feet
3. Side yard setback -
twenty-five (25) feel
least one side yard.
at least twenty-five
yard may be reduced
feet.
A minimum rear yard of
shall be required.
A minimum side yard of
shall be required for at
I.f one side yard measures
(25) feet, the other side
to a minimum of ten (10)
(f) Landscaping requirements applicable in the Fort
Worth Development Zone shall be as follows: A minimum
of five percent (5°~) of the aggregate gross area in
required front, side and rear yards shall be land-
scaped in such a way as to preserve and enhance
natural beauty, environment and open space.
(g) Site plan requirements applicable in the Fort Worth
Development Zone shall be as follows: As a condition
to obtaining a building permit, a property owner
shall submit to the City a site plan or development
plan evidencing the compliance of any proposed
structure with app]icable zoning code and building
code requirements of: the City. The City shall approve
all plans that evidence compliance with applicable
zoning code and bui]ding code requirements.
(h) No coverage requirements shall be applicable in the
Fort Worth DevelopmE~nt Zone.
Sec. 3-266. HEIGHT REGULP~TIONS
All structures hereafter erected, reconstructed,
altered or enlarged in the Airport Height Control Area,
and all objects of natural growth placed, replaced,
planted, replanted or altered in the Airport Height
Control Area, shall comply with height restrictions, rules
and regulations from t:~me to time promulgated by the
Federal Aviation Administration (the "FAA"). The Airport
Height Control Area shown on the zoning map is hereby
adopted and shall be auitomatically amended from time to
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time to be in conformity with the height regulations,
restrictions and rules promulgated from time to time by
the FAA. Except as limited by the foregoing FAA height
restrictions, rules and regulations, all structures
located in the Fort Worts Development Zone may be erected,
reconstructed, altered or enlarged to a height limited
only by a floor area ratio of 12.0.
Sec. 3-267. ADMINISTRATIVE AGENCY
The Director of the Development Department of the
City or his designee (the "Director") is hereby designated
as the administrative agency to administer and enforce the
airport height control area zoning regulations and airport
compatible land use zoning regulations prescribed by this
division and to hear and decide all applications for per-
mits made pursuant to this division. The Director may not
exercise any of the powers herein delegated to the Fort
Worth Alliance Airport Board of Adjustment.
Sec. 3-268. NONCONFORMIA~G USES AND STRUCTURES
(a) Regulations not rE~troactive. Notwithstanding any
restrictions contained in this division to the con-
trary, this division shall not be construed (i) to
require changes in nonconforming land use existing on
the effective date hereof; (ii) to require the
removal, lowering or other change of any structure
that does not conform to this division on the effec-
tive date hereof, including all phases or elements of
a multiphase structuire, regardless of whether actual
construction has commenced, that received a determi-
nation of no hazard by the FAA before the effective
date hereof; (iii) t.o .require the removal, lowering,
or other change of ~~n object of natural growth that
does not conform to this division on the effective
date hereof; or (iv) to interfere with the continua-
tion of a use that sloes not conform to this division
on the effective date hereof.
(b) Marking and Lighting. Notwithstanding the provisions
of Sec. 3-268(a), 'the Director or the Fort Worth
Alliance Airport Board of Adjustment may, in its
reasonable discretio~a, require, as a condition to the
issuance of a permit by the Director or the grant of
a variance by the Board, that the owner of a struc-
ture or object of natural growth allow the installa-
tion, operation and maintenance thereon of any
markers and lights that the Director or Board deems
necessary to indicate to the operators of aircraft in
the vicinity of the Airport the presence of an air-
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port hazard. Such markers and lights shall be
installed, operated and maintained at the expense of
the City.
(c) Abandonment or Destruction.
(1) Whenever the Director determines that a legal
nonconforming use of a structure has been dis-
continued or abandoned for a continuous period
exceeding twelve (12) calendar months, such
discontinued or .abandoned use shall not there-
after be resumed, continued, or reestablished.
(2) Whenever the Lirector determines that a legal
nonconforming structure ceases to be used in a
bond fide manner for a period exceeding twelve
(12) calendar months, such nonconforming struct-
ure shall not thereafter be used or occupied
until such structure fully complies with this
division.
(3) Whenever the Director determines that a legal
nonconforming object of natural growth has been
abandoned for a period exceeding twelve (12)
calendar months, such nonconforming object of
natural growth shall not thereafter be allowed
to remain unlE~ss it fully complies with this
division.
(4 ) Whenever the Director determines that more than
seventy-five percent (75~) of a legal noncon-
forming structure or legal nonconforming object
of natural growth has been destroyed or torn
down or become physically deteriorated or
decayed, such nonconforming structure or noncon-
forming object of natural growth shall not be
rebuilt, repaired, or replaced in violation of
this division.
(5) A legal nonconforming use, if changed to a con-
forming use, ;hall not thereafter be changed
back to a nonconforming use.
Sec . 3-2 69 . PE1tMITS
(a) Permit Required. Thee owner of any property located
within the Development Zone or the Airport Height
Control Area shall obtain a permit issued by the
Director before:
(1) a nonconforming structure may be replaced, re-
built, substantially changed, or substantially
repaired;
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(2) a nonconforming object of natural growth may be
replaced, substantially changed, allowed to grow
higher, o.r replanted;
(3) a new structure is constructed; or
(4) an existing structure is substantially repaired
or substantially changed.
(b) Issuance of Permits. Except as prohibited by
Sec. 3-269(c) below, the Director shall issue a
permit if the owner files an application certifying
the use to which the property will be put (which cer-
tified use must be permitted by this division) and
including reasonable written evidence that the height
of all structures and objects of natural growth are
in compliance with this division. The permits
required by this section are in addition to, and not
in lieu of, any other permits required by the City or
by any other city :Located within the Airport Height
Control Area or Development Zone. The Director shall
act upon each permit application within fifteen (i5)
calendar days from the filing date thereof. If a
permit application has not been disapproved by the
Director in writing within such fifteen (15) day
period, the permit application shall be deemed to
have been approved by the Director. A certificate
showing the filing date of a permit application and
the failure to disapprove same within the period
herein required shall on demand be immediately issued
by the Director, and such certificate shall be suffi-
cient in lieu of any other evidence of permit appli-
cation approval otherwise provided by the Director.
The Director shall not impose any charge or fee for
obtaining a permit applicable to property located
within the corporate limits of another city or town
without the prior consent of such city or town.
(c) No Permits Allowed. The Director shall have no power
or authority to issue a permit that allows:
(1) the creation or establishment of an airport
hazard;
(2) any use prohib ited by this division;
(3) a nonconforming structure or nonconforming
object of natu~'al growth to become higher than
it was as of the effective date hereof or at the
time of the application for the permit; or
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(4) a nonconforming structure or nonconforming
object of natural growth to become a greater
hazard to air navigation than it was as of the
effective date hereof or at the time of the
application for the permit.
Sec. 3-270. BOARD OF ADJiJSTN1ENT
(a) Creation of the Board. The existing Zoning Board of
Adjustment for the City is hereby designated as the
Fort Worth Alliance Airport Board of Adjustment
(hereinafter called the "Board"). The Board shall
adopt rules consistent with this division and the
Act. The Board may set reasonable fees for all
applications filed 'before it. Meetings of the Board
shall be held at t:he call of the Chairman and at
other times as determined by the Board. The Chairman
or acting Chairman may administer oaths and compel
the attendance of witnesses. All hearings of the
Board shall be opera to the public. The Board shall
keep records of its examinations and other official
actions, including minutes of its proceedings
indicating the vote of each member on each question
or indicating a member's absence or failure to vote.
Minutes and record:> shall be public documents and
shall be filed immediately in the Board's office. The
Board shall have anct exercise the following (and only
the following) powers:
(1) To hear and dE.cide appeals from an order, re-
quirement, decision or determination made by the
Director in the: enforcement or administration of
the airport height control area zoning regula-
tions and airport compatible land use zoning
regulations contained in this division; and
(2) To hear and decide specific variance applica-
tions under this division.
The concurring vote of at least four-fifths (4/5) of
the members of the Board shall be necessary to re-
verse any order, requirement, decision or determina-
tion of the Directs.>r or to grant a variance under
this division.
(b) Appeal to the Board.
(1) An order, requirement, decision or determination
made by the Director in the enforcement or
administration of this division may be appealed
to the Board by (i) a person aggrieved by the
-16-
a~ .~ Y t3
~~, ~ .
order, requirement, decision or determination;
(ii) a taxpayer affected by the order, require-
ment, decision or determination; or (iii) the
City Council o:E the City if the Council believes
the order, .requirement, decision or determina-
tion is an improper application of this divi-
sion.
(2) The appellant :must file with the Board and with
the Director a notice of appeal, specifying the
grounds for such appeal, within a reasonable
time as determined by the rules of the Board.
Upon receipt of the appellant's notice, the
Director shall immediately transmit to the Board
copies of all papers constituting the Director's
record of the action that is the subject of the
appeal.
(3) An appeal stays all proceedings in furtherance
of the action that is the subject of the appeal
unless the Director certifies in writing to the
Board facts supporting the opinion of the
Director that a stay would cause imminent peril
to life or property. In such case, the proceed-
ings may be stayed only by an order of the
Board, after notice to the Director, if due
cause is shown.
(4) The Board shall set a reasonable time for the
appeal hearing and shall give public notice of
the hearing and due notice to the parties in
interest. A party may appear at the appeal hear-
ing in person or by agent or attorney. The Board
shall decide the appeal within a reasonable time
as determined by the rules of the Board.
(5) The Board may reverse or affirm, in whole or in
part, or modify the Director's order, require-
ment, decision or determination from which the
appeal is taken and make the correct order,
requirement, decision or determination, and for
that purpose th.e Board has the same authority as
the Director.
(6) The Board sha]_1 file as part of its records
written conclusions stating the facts upon which
it relied when reversing, affirming or modifying
any order, requirement, decision or determina-
tion of the Director or when granting or denying
any variance under this division.
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Sec. 3-271. VARIANCES
(a) Any person who desires to erect or increase the
height of a structure, permit growth of an object of
natural growth or otherwise use property located
within the Development Zone or the Airport Hazard
Area in violation of the height restrictions imposed
by this division or in violation of the use restric-
tions imposed by SE~c. 3-265(d), (e) or (f) of this
division may apply too the Board for a variance.
(b) The Board shall allow a variance from the height
restrictions imposed by this division or from the use
regulations imposed by Sec. 3-265(d), (e) or (f) of
this division if:
(1) a literal application or enforcement of the
regulations would result in practical difficulty
or unnecessary hardship; and
(2) the granting of the relief would (i) result in
substantial justice being done; (ii) not be
contrary to the public interest; and (iii) be in
accordance witYi the spirit of this division and
the Act; provided, however, the Board may impose
any reasonable conditions (including, but not
limited to, the conditions described in Sec.
3-268(b) hereof) on the granting of the variance
that the Board considers necessary to accomplish
the purposes of the Act.
Sec. 3-272. JQDDICIAL REVIEW
Any person who is aggrieved or any taxpayer who is
affected by a decision of the Board, or the City Council
of the City if the Council believes that a decision of the
Board is illegal, may appeal to a court of competent
jurisdiction as provided under Chapter 241, Subchapter D
of the Local Government Code of the State of Texas.
Sec. 3-273. EII~FORCEMENT AND REMEDIES
The City Council of the City may institute in any
court of competent jurisdiction an action to prevent,
restrain, correct or abate any violation of this division
or any violation of any order, requirement, decision or
determination made by the Director in connection with the
administration or enforcE~ment hereof, including, but not
limited to, an action for injunctive relief as provided by
Section 241.044 of the Lc>cal Government Code of the State
of Texas.
-18-
'' ~' _
Sec. 3-274. PENALTIES
Each violation of this division shall constitute a
misdemeanor and, upon conviction, shall be punishable by a
fine of not more than C>ne Thousand Dollars ($1,000.00).
Each day that a violation continues to exist shall consti-
tute a separate offense. Jurisdiction for any offense pro-
viding a criminal penalty hereunder shall be in the
Municipal Court of the City."
SECTION 3.
If any of the provisions of this ordinance or the application
thereof to any person, property or circumstance is held invalid,
such invalidity shall not affect other provisions contained herein
or the application of this ordinance which can be given effect
without the invalid provision or application, and to this end the
provisions of this ordinance are declared to be severable.
SECTION 4.
The City Secretary of the City of Fort Worth is hereby autho-
rized to publish this ordinance in pamphlet form for general distri-
bution among the public, and the operative provisions of this
ordinance so published shall be admissible in evidence in all courts
without further proof than they production thereof.
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of
any provision of this ordina~ace shall be fined not more than One
Thousand Dollars $1,000 for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
-19 -
'~, Y ~~`~
SECTION 6.
The City Secretary of the City of Fort Worth is hereby directed
to publish the caption and Sections 5 and 8 of this ordinance for
two (2) days in a newspaper of general circulation in the
Development Zone and Airport Height Control Area.
SECTION 7.
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption, penalty
provision and effective date in the minutes of the City Council and
by filing the ordinance in the ordinance records of the City.
SECTION 8.
This ordinance shall be in full force and effect from and after
its passage and publication, as required by law.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: ~ ~ Zr g
ADOPTED: _
EFFECTI
-20-
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NORTH FORT WORTH AIRPORT
AIRPORT DEVELOPMENT ZONE ~~'
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GRAPHIC SCALE IN FEET
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Y~ATER ADt~iit~I5iRATt{?N 4
LAYJ-7J DATE _ REFERENCE
6~2~88 - NUMBER
- - PZ-1514
- -- - --- RECOMMENDATION
SUBJEiCT PUBLIC HEARING ON ADOPTION OF PAGE
FINAL REPORT OF THE NORTH FORT WORTH for 2
AIRPORT ZONING COMMISSION ANDADOP I
OF A ZONING ORDINANCE FOR FORT WORTH
ALLIANCE AIRPORT
It is recommended that the City Council.
1) rescind the action taken March 15, 1988, approving M&C PZ-1505, "Final Re-
port of the North Fort Worth Ai rport Zoning Commission" ,
R
2) approve the Final Report of the North Fort Worth Airport Zoning Commission,
dated April 13, 1988,
3) rescind ordinance No. 10078, adopted March 15, 1988, and adopt a new ordin-
ance regarding the imposition of airport height control area and airport
compatible use zoning regulations for the Fort Worth Alliance Airport (for-
merly known as the North Fori; Worth Airport).
DISCUSSION
The Airport Zoning Act, SubtitlE~ C, Chapter 241 of the Texas Local Government
Code (formerly V.A.C.S. Art. 46e~-15) provides that a city may create an airport
zoning commission for the purpose of adopting, administering and enforcing air-
port height control and compatible land use zoning regulations (overlay zoning)
in the vicinity of a municipal airport.
On January 26, 1988, the City Council approved Resolution Number 1300 which
authorized the Council to appoint the City of Fort Worth Zoning Commission as
the North Fort Worth Ai rport Zoning Commission, for the purpose of establi shing
zoning for the North Fort Worth Airport, now known as Fort Worth Alliance Hir-
port.
On February 10, 1988, the ,Preliminary Report was approved by the North Fort
Airport Zoning Commission setting forth recommendations regarding airport
height control zoning regulations and airport compatible land use zoning regu-
lations applicable to land in t:he vicinity of the Airport and regarding the
boundaries of the areas to which regulations should apply.
On April 13, 1988, the Commission adopted a Final Report containing its final
recommendations. This Final Report is presented today, for City Council ap-
proval.
Prior City Council action taken on March 15, 1988, resulting in the adoption of
ordinance No. 10078, "North Fori; Worth Overlay Zoning District" should be re-
scinded, to allow the adoption of airport height control area and compatible
land use zoning regulations which is based on the April 13, 1988, Final Report
DATE REFERENCE SUBJECT PUBLIC HEARING ON ADOPTION OF PAGE
6/2/88 NUMBER
FINAL REPORT OF THE NORTH FORT WORTH
2
2
PZ-1514 AIRPORT ZONING COMMI SIO of
_
OF A ZOEVI NG ORDINANCE FOR FORT WORTH
ALLIANCE= AIRPORT
of the Commission. This ordinance will amend City Code Chapter 3, "Aircraft
Article VI, "Airport Zoning Regulations", by adding a Division
and Aviation"
,
IV, "Fort Worth Alliance Airport Zoning Overlay District."
A notice of public hearing before the City Council of the City of Fort Worth on
the Final Report of the North Fort Worth Airport Zoning Commission was publi sh-
ed in the Fort Worth Star Telegram on May 13, 1988.
DGH:fg
RPPR~I~EQ BY
~~~ ~~~~~~f~.
JAN ~ ~~~&
4~~
City Secretary ®f the
City of Fort Worth, Texaet
SUBMITTED FOR THE
CITY MANAGER'S
David Ivor DISPOSITION BY COUNCIL.
^ APPROVED PROCESSED BY
y
OFFICE BY
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD Wade Adkins CITY SECRETARY
FOR ADDITIONAL IN ORMAT ON
T [~orot y Harwood 7617 //
Adopted Ordinance No
~(/~
DATE
CONTAC ®
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