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HomeMy WebLinkAboutOrdinances (O-72-064)-12/31/1972 ~ II~ VOIJU1.f~ -.,.,~ '7 ~. 1:1'.1..: ::; . I/..? TOWN OF COLLEYVILLE ORDINANCE 0-72-64 AN ORDINANCE ADOPTING JAZBO ORDINANCE NO. 71-100 DATED 16 December 1971 REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH AND OTHERWISE RESTRICTING THE USE OF PROPERTY ON AND IN THE VICINITY OF THE DALLAS-FORT WORTH REGIONAL AIRPORT AS IT APPLIES TO THAT PORTION OF THE CITY OF COLLEYVILLE SHOWN ON THE DALLAS-FORT WORTH REGIONAL AIRPORT ZONING MAP WHICH IS A PART OF ORDINANCE 71-100. BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, THAT: I. The City Council hereby adopts the JAZBO Ordinance 71-100 dated 16 December 1971. II. The Ordinance 71-100 enforcing agency will be the JAZBO or its designated agency as outlined in section XII part J of Ordinance 71-100. III. All Ordinance and part of Ordinances in conflict herewith are repealed, except that where parts of any Ordinances do not apply to these regulations. THE FACT THAT THERE IS AN IMPERATIVE NEED FOR THIS ORDINANCE CREATES AN EMERGENCY, AND THEREFORE THE READING AND PASSAGE OF THIS ORDINANCE AT MORE THAN ONE MEErING IS HEREBY SUSPENDED AND THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FULL FORCE FROM AND AFTER THAT DATE OF ITS PASSAGE AT A SINGLE MEEI'ING AND THE APPROVAL THEREOF OF THE MAYOR AND T~ TO~N 7C1L. " . ~?LL ~.~. RANK L. WHITMIRE, Mayor ATT EST : ORDINANCE NO. 71 - 100 0,1l.-bt{. -U- :,.. ~__-'.t' '-'~Zl AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE RESTRICTING THE USE OF PROP- ERTY ON AND IN THE VICINITY OF THE DALLAS-FORT WORTH REGIONAL AIRPORT: BY ESTABLISHING AIRPORT APPROACH ZONES, TRANSITION ZONES, HORIZONTAL ZONES, AND CONICAL ZONES, AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR AMENDMENTS OR CHANGES IN THE RESTRICTIONS AND BOUNDA- RIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE DALLAS-FORT WORTH REGIONAL AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTAB- LISHING A BOARD OF ADJUSTMENT; PROVIDING FOR JUDICIAL REVIEW; AND IMPOSING PENALTIES. This ordinance is adopted pursuant to the authority conferred by the Airport Zoning Act, Article 46e, V.A.C.S., as amended byall subsequent legislation. It is hereby found that an airport hazard endangers the lives and property of users of the Dallas-Fort Worth Regional Airport and occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking-off and maneuvering of air- craft, thus tending to destroy or impair the utility of the Dallas-Fort Worth Regional Airport and the public investment therein. Accordingly, it is declared: (1) that the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Dallas-Fort Worth Regional Airport; (2) that it is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of airport haz- ards be prevented; and, (3) that the prevention of these hazards should be accompl ished, to the extent legally possible, by the exercise of the police power without compensation. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or interest in land. BE IT ORDAINED BY THE JOINT AIRPORT ZON ING BOARD OF THE DALLAS-FORT WORTH REFIONAL AIRPORT LOCATED IN DALLAS AND TARRANT COUNTIES AS FOLLOWS: SECTION I: SHORT TITLE This ordinance shall be known and may be cited as the "Airport Zoning Ordinance of the Dalles- Fort Worth Regional Airport." SECTION II: DEFINITIONS (1) ADMINISTRATIVE AGENCIES means those agencies which have the responsibility for the administration and enforcement of this ordinance. (2) AIRPORT means the Dallas-Fort Worth Regional Airport, located in Dallas and Tarrant Counties, T exes 0 (3) AIR PORT E LEVA TlON means the established elevation of the highest point on the usable landing area, said elevation being 606 feet above mean sea level. i.....,... _..:. I_~_+.' .Jr- /7fl (4) AIRPORT HAZARD means any structure, tree, installation, electronic and/or visual interference, or use of land or water which obstructs the airspace required for the flight of aircraft in landing or taking-off at the airport or is otherwise hazardous to such landing or taking-off of aircraft. (5) AIRPORT HAZARD AREA means any area of land or water under the imaginary surfaces as defined in Section IV upon which an airport hazard might be established if not pre- vented as provided in these regulations. (6) AIRPORT ZONE means the space between the earth1s surface and the imaginary surfaces as defined in Section IV. (7) BOARD OF ADJUSTMENT means a board consisting of 5 members appointed by the Joint Airport Zoning Board as provided by Texas State law, specifically Vernon's Annotated Civil Statutes, Article 46e - 10. (8) HEIGHT - for the purpose of determining the height limits in all zones set forth in this ordinance and shown on the Zoning Map, the datum shall be measured in mean sea level elevation unless otherwise specified. (9) INSTAllATION means any electronic or visual interference that is not included within the definition of "structure" or "tree." (10) JOINT AIRPORT ZON IN G BOARD means a board having as members two (2) represent- atives appointed by each political subdivision participating in its creation and in addition a chairman elected by a majority of the members so appointed. (11) NON-CONFORMING USE means any structure, tree, or use of land which is lawfully in existence at the time the regulation is prescribed in the Ordinance or an amendment thereto becomes effective and does not then meet the requirement of said regu lation. (12) PERSONS means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, adm i ni strator, executor, guardian, or other representative. (13) POLITICAL SUBDIVISION means any municipality, city, town, village or county. (14) RUNWAY means the paved surface of an airport designated for the landing and taking- off of aircraft. (15) STRUCTURE means an object permanent, or temporarily constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead trans- mission lines. (16) TREE means any object of natural growth. <""".- (17) ZONING MAP means "The Hazard Zoning Maps Of The Joint Airport Zoning Board For The Dallas-Fort Worth Regional Airport. II 2 VOLUME rPAGE /7~ SECTION III: INCORPORATION OF HAZARD ZONING MAPS The Hazard Zoning Maps for the Dallas-Fort Worth Regional Airport, prepared by the engineering and architectural firm of Tippetts-Abbett-McCarthy-Stratton, consisting of 20 pages and dated December, 1970, is hereby incorporated by reference and made a part hereof for a II purposes. SECTION IV: IMAGINARY SURFACES The following imaginary surfaces are established to implement the provisions of this ordinance. The dimensions, elevations above mean sea level, slopes and radii applicable to the imagin- ary surfaces shall be as shown on the Zoning Map. (a) Primary Surface - A surface longitudinally centered on a runway, and extending beyond the ends of the runway. The elevation of any point on the primary sur- face is the same as the elevation of the nearest point on the runway centerline. (b) Horizontal Surface - A horizontal plane surface 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of speci- fied radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. (c) Conical Surface - A surface extending outward and upward from the entire peri- meter, of the horizontal surface, at a specified slope and for a specified distance. (d) Approach Surface - A surface longitudinal I y centered on the extended runway centerline and extending outward and upward from each end of the primary surface for a specified distance at a specified slope, and expands its horizontal dimen- sion uniformly to a specified width. (e) Transitional Surfaces - A surface extending outward and upward at right angles to the runway centerline and the runway centerl ine extended at a specified slope from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the conical surfaces extend a specified distance measured horizontally from the edge of the approach surface and at right angles to the runway centerline. SECTION V: HEIGHT LIMITATIONS Except as otherwise may be provided in these regulations, no structure, tree, or installation shall be erected, altered, allowed to grow, or be maintained within the Airport Hazard Zoning Area which will be above the imaginary surfaces as established by and shown on the Zoning Map. SECTION VI: USE RESTRICTIONS Notwithstanding any other provision of these regulations, no use may be made of land or water nor installation placed on land or water within the Airport Hazard Area that will cre- ate interference with radio communication between the Airport and Aircraft; or that will create interference with any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device; or that will result in glare in the eyes of flyers using the airport but this prohibition shall not inc lude momentary glare or glare from vertical or downward reflecting windows or glass panels used in the construction of structures; or that will impair visibility in the vicinity of the airport, attract birds, or that will otherwise endanger the landing, taking-off or maneuvering of aircraft operating 3 VOl,mifF] ~PAGE 11(1 .~ through the facilities of the airport. No other airport or landing field shall be constructed within the airport hazard area. SECTION VII: EXISTING NON-CONFORMITIES Structures, trees or installations existing prior to the effective date of these regulations which do not conform to the requirements hereof shall be considered as legal non-conforming uses. These regulations shall not be construed to require the removal, lowering, change or alteration of any legal non-conforming use structure, tree or installation. A permit shall be required for a legal non-conforming use and shall be issued on application of the owner or agent accompanied by affidavit that the use, structure, tree or installation was in exist- ence on the effective date of these regulations. Applications for permits for non-conforming users shall be made within 180 days from the effective date of these regulations. SECTION VIII: PERMITS REQUIRED Before any new structure or use which could be defined as an airport hazard under this ordinance may be constructed or established and before any such existing use or structure may be increased in height or otherwise altered, a permit to do so must be secured by the owner involved or his agent. All permit appl ications shall be made to the administrative agency having jurisdiction, or their designated representatives under Section XII hereof. In the event that any administrative agency issues a permit erroneously allowing the begin- ning of erection of any structure or tree, said permit shall not constitute a variance or be construed in any manner to allow any person to penetrate the imaginary surfaces established. It will remain incumbent on the sponsor, builder, property owner or their agents, as the case may be, to prevent the creation of any object that will cause an airport hazard within the meaning of this ordinance. When said permits are requested for construction and/or alter- ation within the city limits of a municipality the administrative agency having jurisdiction shall be the municipality itself and the county administrative agency shall have no juris- diction within the city limits of municipalities. SECTION IV: NOTICE TO FEDERAL AVIATION ADMINISTRATION Nothing in these regulations shall be construed as relieving any owner, sponsor, or agent from the requirement for fi ling a notice of proposed construction or alteration with the ap- propriate Federal Aviation Administration Authority. SECTION X: VARIANCES Any person desiring to erect any structure or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of these regulations may apply to the Board of Adjustment for a variance from the zoning regulations in question. Such variances sha II be allowed where a literal appl ication or enforcement of the regu la- tions would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of these regulations; provided that any variances 01 lowed shall be subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes of these regulations. 4 - .....--........_-~ 1 .Y T"- -_.~~..~.:-; /1/ ~- SECTION XI: HAZARD MARKING AND LIGHTING Any permit granted under these regulations may, if such action is deemed advisable to effectuate the purposes of these regulations and reasonable in the circumstances, be so conditioned as to require the owner of the structure, tree or installation in question to permit the proper authority to install, operate and maintain thereon such markers and lights, as the Board may find necessary to indicate the presence of the Airport Hazard. SECTION XII: ADMINISTRATIVE AGENCIES The administration and enforcement of all regulations adopted by the Joint Airport Zoning Board is vested in the governing bodies of each of the political sub-divisions represented on the Board, and who have adopted the regulations each respectively by ordinance. Each political subdivision shall: (1) Establish its own administrative and enforcement agency; or (2) Designate another political sub-division to administer and enforce these regula- tions in its behalf; or (3) Request the Joint Airport Zoning Board to designate an agency to act in this capacity in its behalf. SECTION XIII: RULE OF PROCEDURE The Joint Airport Zoning Board shall adopt Ru les of Procedure to govern its actions and to inform permit applicants and administrative agencies and officials of the procedures required in connection with issuance of permits. SECTION XIV: BOARD OF ADJUSTMENT (1) There is hereby created a Board of Adjustment to have and exercise the following powers: (a) To hear and decide appeals from any order, requirement, decision or determination made in the enforcement of these regulations. (b) To hear and decide special exceptions to the terms of these regulations upon which such Board of Adjustment may be required to pass by subsequent regulations. (c) To hear and decide specific variances. (2) The Board of Adjustment shall consist of five (5) members, each to be appointed for a term of two (2) years and removable for cause upon written charges and after pub- lic hearing. All vacancies shall be filled by appointment of new members by the Joint Airport Zoning Board. The Chairman of the Board of Adjustment will be elected by the membe rs and from the members of the Board of Adjustment. (3) The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of these regulations. Mee tings of the Board of Adjustment shall be held at the call of the Chairman and at such times as the Board of Adjustment shall determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and compe I the attendance of witnesses. All hearings of the Board of Adjustment 5 ..--.-:-- VOLUME Jf PAGE /f~ shall be public. The Board of Adjustment shall keep Minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Board of Adjust- ment, and shall immediately be filed in the office of the Board of Adjustment, and shall be a public record. SECTION XV: APPEALS (1) Any person aggrieved, or taxpayer affected, by any decision of an Administrative Agency made in its adminstration of airport zoning regulations adopted under this Act, or any governing body of a political subdivision, or any joint airport zoning board, which is of the opinion that a decision of such an adminstrative agency is an improper application of airport zoning regulations of concern to such governing body or board, may appeal to the Board of Adjustment authorized to hear and decide appeals from the decisions of such administrative agency. (2) All appeals taken under this Section must be taken within a reasonable time, as provided by the rules of the Board of Adjustment, by filing with the Administrative Agency and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Administrative Agency shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. (3) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrative Agency certified to the Board of Adjustments, after the notice of ap- peal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceed- ings shall not be stayed otherwise than by order of the Board of Adjustment on notice to the Administrative Agency and on due cause shown. (4) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon hearing, any party may appeal in person or by agent or by attorney. (5) The Board of Adjustment may, in conformity with the provisions of these regulations, reverse or affirm, wholly or partly, or modify, the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the Administrative Agency. (6) The Board of Adjustment shall make written findings of fact and conclusions of law, giving the facts upon which it acted and its legal conclusions from such facts in reversing, or affirming, or modifying any order, requirement, decision or determin- ation which comes before it under the provisions of these regulations. (7) The concurri ng vote of four (4) members of the Board of Adj ustment shall be necessary to reverse any order, requirement, decision, or determination of the Administrative 6 . .-r;-- VOLUME J.I.-' :FACE /1'3 - Agency or to decide in favor of the applicant on any matter upon which it is required to pass under these regulations or to effect any variation in these regulations. SECTION XVI: JUDICIAL REVIEW Any person aggrieved or taxpayer affected by any decision of the Board of Adjustment, or any governing body of a politi.cal subdivision or the Joint Airport Zoning Board or Ad- ministrative Agency which is of the opinion that a decision of the Board of Adjustment is illegal may, within ten (10) days after the decision is filed in the office of the Board, pre- sent a verified petition to a Court of Competent Jurisdiction for relief in a manner as pro- vided in Article 400 - 11 (1), Texas Revised Civil Statutes. SECTION XVII: ENFORCEMENT AND REMEDIES In addition, the political subdivision or agency adopting these zoning regulations may institute in any Court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of these regulations or enforcement, and may be granted such relief, by way of injunction as may be proper under all the facts and circumstances of the case. SECTION XVIII: PENALTIES Each violation of this ordinance or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than $200.00, and each day a violation continued to exist shall constitute a separate offense. Jurisdiction for any offense providing a criminal penalty hereunder shall lie in the municipal court in the municipality in which the violation occurs; however, if the offense in an area not in- corporated within a municipality, jurisdiction shall lie in the justice of the peace court of the precinct in which the offense occurs. SECTION XIX: CONFLICTING REGULATIONS Where these regulations impose a greater or more stringent restriction upon the use of land, height of a structure or tree, or the establishing or maintaining of any other airport haz- ard as herein defined, than is imposed by other ordinances or regulations applicable to the same area or location, the provisions of these regulations shall govern and prevail. SECTION XX: SEVERABILITY If any of the provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or appli- cations of the Ordinance which can be given effect without the invalid provision or ap- pi ication, and to this end the provisions of this Ordinance are declared to be severable. SECTION XXI: AMENDMENTS This Ordinance may be amended or changed by the Joint Airport Zoning Board for the Dallas-Fort Worth Regional Airport except as otherwise provided by the Airport Zoning Act, Article 400, V.A.C.S., after a public hearing in relation thereto at which parties 7 VOLUME ~PAGE /P!/ in intent and citizens shall have an opportunity to be heard. At least fifteen (15) days notice of the hearing shall be published in an official paper, or a paper of general circul- ation, in the political subdivision in which is located the airport hazard area. SECTION XXII: EFFECTIVE DATE WHEREAS, the immediate operation of the provisions of this Ordinance is necessary for the preservation of the public health, public safety, and general welfare, an EMERGENCY is hereby declared to exist, and this Ordinance shall be in full force and effect from and after publication and posting as required by law and its passage by the Joint Airport Zoning Board. APPROVED AND ADOPTED this 16th day of December, 1971, by the Joint Airport Zoning Board of the Da II as- Fort Worth Reg i ona I Airport. /s/ Robert H. Power Chairman Attest: /s/ Robert L. Wegner B