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Home My WebLink AboutOrdinance 21207-04-2014 ORDINANCE NO. 21207-04-2014 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SECTION 4.405 "AIRPORT/AIRFIELD OVERLAY" ("AO") DISTRICT OF ARTICLE 4 "OVERLAY DISTRICTS", OF CHAPTER 4, "DISTRICT REGULATIONS" TO ADD A NEW SECTION, SECTION 4.405G, "FORT WORTH ALLIANCE AIRPORT"; PROVIDING REGULATIONS FOR AIRPORT/AIRFIELD OVERLAY ZONE ("AO") RESTRICTIONS FOR THE FORT WORTH ALLIANCE AIRPORT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Fort Worth Alliance Airport, a major regional airport, is a significant economic generator and fulfills an essential community purpose; and WHEREAS, the creation or establishment of land uses or airport hazards that are not compatible with the operations of an airfield is a public nuisance, injures the region served by the airport, mid affects the welfare of users of the airport and of owners, occupants, and users of land in the vicinity of the airport; WHEREAS, these nuisances can include any use, activity or structure that may be 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 or that may be sensitive to the noise level and vibrations that are typical in the vicinity of an operative airfield, and which may result in community conflict, reduced quality of life, and possibly impair the utility of the airport and the public investment in the airports; and WHEREAS, it is necessary in the interest of the health, safety, and welfare of the general public as well as the economic stability of the region that the creation or establishment of incompatible land uses and airport hazards be prevented; and WHEREAS, it is necessary in the interest of predictable growth and development of land in the vicinity of the airports, the long terns integrity of the airport's usage and operations, and minimizing future conflicts between operation of the airport and development of land in the vicinity of the airport that the creation or establishment of incompatible land uses and hazards be prevented; and Ordinance No, 21207-04-2014 Page 1 of 8 WHEREAS, it is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, and the marking and lighting of obstructions are public purposes for which a political subdivisions may raise and expend public funds and acquire interests in land; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. Section 4.405 "Airport/Airfield Overlay" ("AO") District, of Article 4, "Overlay Districts" of Chapter 4 "District Regulations" is amended to add a new section, Section 4.405.G. "Fort Worth Alliance Airport", to provide development standards and guidelines for Fort Worth Alliance Airport overlay to read as follows: G. Fort Worth Alliance Airport 1. Purpose and Intent. The City of Fort Worth has designated the Fort Worth Alliance Airport Overlay (AO) in order to promote the public health, safety, peace, comfort, convenience, and general welfare of the inhabitants of and near municipal airport environs and to prevent the impairment of municipal airports and the public investment therein. 2. Boundaries: The specific boundary of the Fort Worth Alliance Airport Overlay is shown on the official zoning map maintained by the City and depicted and attached hereto as Exhibit B.31 and located in Appendix B of the Zoning Ordinance. 3. Communications Facilities and Electrical Interference No use shall cause electrical interference with navigational signals or radio communications at the airport or with radio or electronic communications between the airport and aircraft. Proposals for the location of new or expanded radio, radio- telephone, television transmission facilities, electrical transmission lines and wind turbines shall be coordinated with the Federal Aviation Administration's (FAA) Texas Airports Development Office prior to approval. 4. Outdoor Lighting No use shall project lighting directly onto an existing runway or taxiway or into existing airport approach and landing paths except where necessary for safe and Ordinance No. 21207-04-201.4 Page 2 of 8 convenient air travel. Lighting for any new or expanded use shall incorporate shielding in their designs to reflect light away from airport approach and landing paths. Control of outdoor lighting shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. Lighting shall meet the following criteria: a. Criteria i. Lighting Arrangement — lighting arrangements that mimic runway lighting (i.e., long linear parallel rows of lighting) that could be confused with runway or taxiway lighting are not permitted. ii. Illumination Levels — Lighting shall have intensities, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA), unless otherwise directed by the City of Fort Worth. iii. Lighting Fixture Design 1. Fixtures shall be of a type and design appropriate to the lighting application. 2. For the lighting of predominantly horizontal surfaces such as, but not limited to parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, cul-de-sacs, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, fixtures shall be aimed straight down and shall meet IESNA Full-Cutoff criteria. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent lamp, are exempt from the requirements of this paragraph. In the case of decorative street lighting, the City of Fort Worth may approve the use of luminaires that are Fully Shielded or comply with IESNA cutoff criteria. 3. For the lighting of predominantly non-horizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, fixtures shall be Fully Shielded and shall be installed and aimed so as to not project their output past the object being illuminated or skyward. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent lamp, are exempt froze the requirernents of this paragraph. 4. "Barn lights," aka"dusk-to-dawn lights," shall be shielded. iv. Billboards and Signs 1. Externally illuminated billboards and signs shall have fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to shield the source from off-site view and to Ordinance No. 21207-04-2014 Page 3 of 8 place the light output onto and not beyond the sign or billboard. The face of the sign or billboard and the illumination shall not exceed 30-vertical Footcandles during the hours of darkness. 2. The light source for internally illuminated signs and billboards shall not exceed 1,000 initial lumens per square foot of sign face. 3. Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted. 4. The use of highly reflective signage that creates nuisance glare or a safety hazard is not permitted, S. Glare No use shall cause glare by highly reflective materials, including but not limited to unpainted metal or reflective glass, on the exterior of structures located within airport approach and landing paths or on nearby lands where glare could impede a pilot's vision. Proposed solar at-rays shall be coordinated with the FAA's Texas Airports Development Office prior to approval. The control of glare shall meet the following criteria: a. Criteria 1. Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. Glare surface suppressants that effectively reduce glare may also be utilized. ii. All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to pilots or the safe operation of aircraft. iii. Directional fixtures such as floodlights and spotlights shall be shielded, installed and aimed that they do not project their output past the object being illuminated or skyward. iv. Except as permitted for certain recreational lighting, fixtures not meeting IESNA Full-cutoff criteria shall not be mounted in excess of sixteen (16) feet above finished grade. Fixtures meeting IESNA Full-Cutoff criteria shall not be mounted in excess of twenty (20) feet above finished grade; provided however, fixtures in industrial areas meeting IESNA Full-Cutoff criteria may be mounted on existing light structures or any like-kind replacement at the same height as the existing light fixture. V. Flag lighting sources shall have a beam spread no greater than necessary to illuminate the flag and shall be adequately shielded. 6. Emissions No use shall, as part of its regular operations, cause emissions of smoke, ash, vapor, gas, dust, steam or other emissions that could obscure visibility of pilots or conflict with airport operations, Ordinance No.21207-04-2014 Page 4 of 8 7. Wildlife Attractants No use shall foster an increase in bird population and thereby increase the likelihood of a bird impact problem. 8. Waste Disposal Facilities No new waste disposal facilities shall be permitted with 10,000 feet of any airport unless approval is obtained from the FAA. Expansions of existing land disposal facilities within these distances shall be permitted only upon demonstration that the facility is designed and will operate so as not to increase the likelihood of bird/aircraft collisions. Timely notice of any proposed expansion shall be provided to the City of Fort Worth, Texas DOT and the FAA, and any approval shall be accompanied by such conditions as are necessary to ensure that an increase in bird/aircraft collisions is not likely to result. 9. Compatible Land Use Regulations. a. All uses from time to time permitted by any underlying zoning classifications shall be permitted except the following uses which are prohibited: i. All residential uses; provided, however, residential uses that are incidental to or ancillary to the operation of the airport or to the conduct of the 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. ii. New Kindergarten through 12th grade educational uses and child care facilities. This limitation shall not include existing public or private school campuses and shall not limit the ability of such campuses to add or expand buildings onto existing school campus property as of the date of` this ordinance. All other educational uses, including, without limitation, colleges and universities, including courses offered by colleges and universities which serve as credit for both college degree programs and high school graduation, facilities for employee or client training, schools for flight instruction and vocational schools shall be permitted. il'o 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 including assisted living and nursing homes; and institutions, homes or rehabilitation centers for persons convicted of crimes. Provided, however, medical, dental or optical clinics for the examination, 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, Ordinance No.21207-04-2014 Pa-M e 5 of 8 emergency medical facilities operated by oriuconnection with the airport shall be permitted. b. Heliports, helistops and any other facilities for the landing and taking off of helicopters, and mcc000my uses thereto, shall bo permitted as o matter ofright in the overlay; provided, however, no heliport, belion`p or other facility for the landing and taking off o[helicopters shall bo located within one thousand O,0OO\ feet ofany church, 6hrxry c«public park. The city council may, however, approve the location ofuheliport, belish)poz other facility for the landing and taking off of helicopters that ixless than one thousand O,000feet from any church, library or public pork. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordiuuooux and such Code, in vvbiob event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3' It is bocoby declared to be the intention ofthe City Council that the xootioua` paragraphs, scok:oceu, clauses and pbzoaca of this ordinance are severable, and, if any pb/aao, clause, sentence, paragraph or xcu1iou of this ordinance obu1) be declared unconstitutional by the valid 'udgcnozi or decree of any onud of competent jurisdiction, such u000untiiudnooliiy shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, ninon the same would have been nnuo1nd by the City Council nvkboul the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Ordinance No.2)2O7'O4-2V}4 Page hof8 SECTION 4. Any person, firm, or corporation, who violates, disobeys, or-nits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two 'Thousand Dollars ($2,000.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinances No. 3011, 13896 and any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance, and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, Linder such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 7. All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain in full force and effect. Ordinance No.21207-04-2014 Page 7 of 8 SECTION 8. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: By: j4 Secr�lry Assistant City Attorney Mary J. Kayse t ADOPTED: April 15, 201.4 EFFECTIVE: Ordinance No.21207-04-2014 Page 8 of 8 EXHIBIT B.31 Fort Worth Alliance Airport Airport Overlay Zone l I �r Wort .4NRtv1484L P Ti P.- . .............. Has _. .. . ......... ..... uaw •- .... ryµ��yypp�yIY p�, f Airport Overlay District City Limits Unincor orated ETJ ` p FORT wo 0 2,500 5,000 10,060 Feet -4`ttCK. Revised 11/21113