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HomeMy WebLinkAboutOrdinance 10078+ 1 ~ f y 'r ~ .o- ~ ~ ~ r i. ORDINANCE NO. Q ~ AN ORDINANCE AMENDING ARTICLE VI, "AIRPORT ZONING REGULA- TIONS," 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 "NORTH FORT WORTH AIRPORT FORT WORTH OVERLAY ZONING DISTRICT," RESTRICTING AND REGULATING THE USE OF LAND IN THE VICINITY OF THE NORTH FORT WORTH AIRPORT TO PROTECT THE HEALTH AND SAFETY AND TO PROMOTE THE WELFARE OF THE GENERAL PUBLIC; PROVID- ING FOR COMPATIBLE USES OF LAND IN THE VICINITY OF THE AIRPORT BY CREATING APPROPRIATE AIRPORT DEVELOPMENT ZONES AND ESTABLISHING 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 BOUNDARIESTHEREOF; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT O~~ AIRPORT HEIGHT CONTROL REGULATIONS AND AIRPORT COMPI~TIBLE LAND USE REGULATIONS; PROVIDING FOR PERMITS TO EVIDENCE COMPLIANCE WITH AIRPORT HEIGHT CONTROL REGULATIONS AND AIRPORT COMPATIBLE LAND USE REGULATIONS; ~S'I'ABLISHING A BOARD OF ADJUSTMENT TO HEAR APPEALS AND GRANT VARIANCES WITH REGARD TO AIRPORT HEIGHT CONTROL REGULATIONS AND AIRPORT COMPATIBLE LAND USE REGULATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PRO- VIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. 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, 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 founds 1) that the Airport fulfills an essential community purpose; 2) that the creation or establishment 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 i the interest and welfare of the general public that the creation or establishment of in- compatible land uses be prevented; 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; -2- 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 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 -3- ,.. _. 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, 19$8, 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, dated March 15, 1988, 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, the City Council of the City of Fort Worth held no public hearings and took no other action concerning airport height control zoning regulations or airport compatible land use zoning regulations prior to having received the Final Report of the North Fort Worth Airport Zoning Commission; -4 - ~_ 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 February 28, 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 regula- tions 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 February 25, 1988, to owners of land in the Airport Height Control Area and the Development Zone 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 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 March 15, 1988, at which time parties in inter- est 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 March 15, 1988; WHEREAS, in its determination of which airport height control zoning regulations and airport compatible land use zoning reguia- tions to adopt, the North Fort Worth Airport Zoning Commission and the City Council of the City of Fort Worth considered, among other -5- ,: a things, the character of the flying operations expected to be conducted 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 imposed 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 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 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. NORTH FORT WORTH AIRPORT ZONING OVERLAY DISTRICT Sec. 3-260. SfiORT TITd,E This division shall be known and may be cited as the 'North Fort Worth Airport Fort Worth Overlay Zoning District.' Sec. 3-'161. 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: -6- Act 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 currently referred to as the North Fort Worth 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 installations, 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 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- Airport Height Control Area means the North Fort Worth 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 Airport that does not endanger the health, safety or wel- 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 North Fort Worth Airport Devel- opment 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 the Gross 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. -7- 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) A11 basements, sub-basements and cellars whose ceilings are at or below grade (ground level of the finished building); (ii) A11 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- i ng; (iv) All courts; (v) All shafts as defined in the Building Code of the City; (vi) All stair wells; and (vii) Customary accessory uses such as elevator pent- houses or bulkheads, mechanical equipment rooms, 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 "North Fort Worth Airport Zoning Map." Sec. 3-262. INCORPORATION OF ZONING MAPS The zoning maps, including legal descriptions of the Airport Height Control Area and the Airport Development -8- Zone, marked Exhibit "A" and Exhibit "B", respectively, to this division, are hereby 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 imposes 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 because of any underlying zoning classifications enacted by any political subdivision. All height regulations imposed by any underlying 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 the Development Zone, this ordinance shall control or (ii) if the conflict or inconsistency affects land outside the Development Zone, the more strin- gent regulations shall control. Sec. 3-264. DEVELOPMENT ZONE 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 Zone. 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 any -9- 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 that 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 instruction 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 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 re- habilitative care; establishments for the care, treatment or rehabilitation of alcoholic, nar- cotic or psychiatric patients; residence homes for the aged; and institutions, homes or re- habilitation centers for persons convicted of crimes; provided, however, notwithstanding any- thing contained herein to the contrary, medical, dental or optical clinics for the examination, consultation or treatment of patients as out- patients, medical laboratories, establishments for the sale or rental of or industrial facil- ities for the manufacture of medical or optical supplies and equipment, pharmacies, veterinarian clinics and related facilities, public safety or -10- emergency medical facilities operated 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 helicopters shall be located within 1,000 feet of any church, 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 shall 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 that 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 or meteorological device, or that will make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of pilots using the Airport, impair visibility in the vicinity of the Airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, taking off or maneu- vering of aircraft using the Airport. (e) Setback requirements applicable in the Fort Worth Development Zone shall 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 fifty (50) feet shall be required. 2. Rear yard setback - A minimum rear yard of twenty-five (25) feet shall be required. -11- 3. Side yard setback - twenty-five (25 ) feet least one side yard. at least twenty-five yard may be reduced feet. A minimum side yard of shall be required for at If 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 applicable zoning code and building code requirements of the City. The City shall approve all plans that evidence compliance with applicable zoning code and building code requirements. (h) No coverage requirements shall be applicable in the Fort Worth Development Zone. Sec. 3-266. HEIGHT REGULATIONS 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 time 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 automatically amended from time to 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 Worth 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 -12- 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 North Fort Worth Airport Board of Adjustment. Sec. 3-268. NONCONFORMING USES AND STRUCTURES (a) Regulations not retroactive. 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 structure, regardless of whether actual construction has commenced, that received a determi- nation of no hazard by the FAA before the effective date hereof; (iii) to require the removal, lowering, or other change of an 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 does 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 North Fort Worth Airport Board of Adjustment may, in its reason- able discretion, 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 struct- ure 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- port hazard. Such markers and lights shall be in- stalled, 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- -13- 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 Director 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 unless it fully complies with this division. (4) Whenever the Director determines that more than seventy-five percent (75°s) 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, shall not thereafter be changed back to a nonconforming use. ~. Sec . 3-269. PERL~IITS (a) Permit Required. The 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; (2) a nonconforming object of natural growth may be replaced, substantially changed, allowed to grow higher, or replanted; -14- (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 i_n ~ compliance _ with this division.~The permits required by this section are iri "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 (15) 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 applic able 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 prohibited by this division; (3) a nonconforming structure or nonconforming object of natural growth to become higher than it was as of the effective date hereof or at the time of the 'application for the permit; or (4) a nonconforming structure or nonconforming object of natural growth to become a greater hazard to air navigation than it was as of the -15- effective date hereof or at the time of the application for the permit. Sec. 3-270. BOARD OF ADJUSTMENT (a) Creation of the Board. The existing Zoning Board of Adjustment for the City is hereby designated as the North Fort Worth Airport Board of Adjustment (herein- after 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 the call of the Chairman and at other times as determined by the Board. The Chairman or acting Chairman may administer oaths and compel the atten- dance of witnesses. All hearings of the Board shall be open 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 records shall be public documents and shall be filed immediately in the Board's office. The Board shall have and exercise the following (and only the follow- ing) powers: (1) To hear and decide 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 Director 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 order, requirement, decision or determination; (ii) a taxpayer affected by the order, require- -16- ment, decision or determination; or (iii) the City Council of 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 the Board has the same authority as the Director. (6) The Board shall 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. -17- 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 Sec. 3-265(d), (e) or (f) of this division may apply to 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 with 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.. J~DDICIAL 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. ENFORCEMENT 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 enforcement hereof, including, but not limited to, an action for injunctive relief as provided by Section 241.044 of the Local 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 One 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 2. 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 3. 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 the production thereof. SECTION 4. 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 ordinance 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 - z d , ' SECTION 5. The City Secretary of the City of Fort Worth is hereby directed to publish the caption and Sections 4 and 7 of this ordinance for two (2) days in a newspaper of general circulation in the Development Zone and Airport Height Control Area. SECTION 6. 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 7. This ordinance shall be in full force and effect from and after its passage and publication, as required by law. APPROVED AS TO FOR D LEGALITY: City Attorney Date: 3 -~5 - ~~ ADOPTED: ~ ~ ~ 5 EFFECTIVE: -20-