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HomeMy WebLinkAboutORD 1973-050ORDINANCE NO. 73-50 AN ORDINANCE PROVIDING FOR THE ADOPTION OF AN AIRPORT HAZARD ZONING ORDINANCE PURSUANT TO ARTICLE 46e V.A. T. S.; PROVIDING FOR A TITLE; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE INCORPORATION OF HAZARD ZONING MAPS; PROVIDING FOR IMAGINARY SURFACES; PROVIDING FOR HEIGHT LIMITATIONS; PROVIDING FOR USE RESTRICTIONS; PROVIDING FOR EXISTING NON - CONFORMITIES; PROVIDING FOR PERMITS; PROVIDING FOR NOTICE TO FEDERAL AVIATION ADMINISTRATION; PROVIDING FOR VARIANCES; PROVIDING HAZARD MARKING AND LIGHTING; PROVIDING FOR BOARD OF ADJUSTMENT; PROVIDING FOR APPEALS; PROVIDING FOR JUDICIAL REVIEW; PROVIDING FOR ENFORCEMENT AND REMEDIES; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTING REGULATIONS; PROVIDING A SEVERAB ILITY CLAUSE; PROVIDING FOR AMENDMENTS; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. ORDINANCE NO. 73 -50 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: WHEREAS, the application has been made to the City of Grapevine for it to adopt an ordinance regulating and restricting airport hazards in the City of Grapevine; and WHEREAS, the largest airport in the world exists partially within the City Limits of the City of Grapevine; and WHEREAS, it is probable that airport hazards now exist and more will be created in the future if said hazards are not properly regulated and restricted; and WHEREAS, Article 46e V. A. T. S. provides for the regulation and restriction of airport hazards by political subdivisions of the State; and r and i WHEREAS, the City of Grapevine is a political subdivision of the State; WHEREAS, said ordinance having come before the City Council of the City of Grapevine, Texas, after all legal notices, requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called at a regular session of the City Council did consider the following factors in making a determination as to whether the following ordinance should be adopted: safety of aircraft and passengers, safety of occupants of land in the airport's vicinity, safety of property, safety from fire hazards, obstructions which in effect reduces the size of the area available for the landing, taking -off and maneuvering of aircraft thereby tending to destroy or impair the utility of the airport and the public investment thereof, and public nuisances; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the adoption of the following Airport Hazard Zoning Ordinance which regulates and restricts airport hazards, that the public demands it, that the public interest clearly requires such ordinance, that said ordinance does not unreasonably invade the rights of those who have bought or improved property with reference to the conditions existing at the time their original investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that the adoption of an ordinance regulating and restricting airport hazards increases the safety of aircraft and passengers, safety of occupants of land in the airport's vicinity, safety of property, safety from fire hazards, and will reduce obstructions which otherwise would reduce the size of the area available for the landing, taking - off and maneuvering of aircraft thereby destroying or impairing the utility cc the airport, and the public investment thereof, 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, that the prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation; and WHEREAS, the City Council of the City of Grapevine has determined that there is a necessity and need for the adoption-of an Airport Hazard Zoning Ordinance and is in the best interest of the public at large, the citizens of the i City of Grapevine, and helps promote the general health, safety and welfare of this community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: SECTION 1. SHORT TITLE. This ordinance shall be known and may be cited as the ordinance adopting the "Airport Zoning Ordinance of the Dallas --Fort Worth Regional Airport ". ,SECTION 2. DEFINITIONS. A. i ti Administrative Agencies. means those agencies which have the responsibility for the administration and enforcement of this ordinance. B. Airport means the Dallas -Fort Worth Regional Airport, located in Dallas and Tarrant Counties, Texas. C. Airport Elevation means the established elevation of the highest point on the usable landing area, said elevation n i ll 6n() F- 1' n j1, -•ETC' m `l n fINT( . D. Airport Hazard means any structures, 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. E. Airport Hazard area means any area of land or water under the imaginary sufaces as defined in Section 4 upon which an airport hazard might be established if not prevented as provided in these regulations. F, Airport Zone means the space between the earth's surface and the imaginary sufaces as defined in Section 4. G. Board of Adjustment means a board consisting of S members appointed by the Joint Airport Zoning Board as provided by Texas State Law, specifically Vernon's Annotated Civil Statutes, Article 46e -10. H. 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. I. Installation means any electronic or visual interference that is not included within the definition of "structure" or "tree ", J. Joint Airport Zoning Board means a board having as members two (2) representatives appointed by each political subdivision participating in its creation and in addition a chairman elected by a majority of the members so appointed. K. 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 regulation, L. Persons means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative, M. Political Subdivision means any municipality, city, town, village or county. N. Runway means the paved surface of an airport designated for the landing and taking -off of aircraft, O, Structure means an object permanent, or temporarily constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead transmission lines, P. Tree means any object of natural growth, Q, Zoning Map means "The Hazard Zoning Maps of the Joint Airport Zoning Board for the Dallas -Fort Woth Regional Airport ". SECTION 3. INCORPORATION OF HAZARD ZONING MAPS. The Hazard Zoning Maps for the Dallas -Fort Worth Regional Airport, prepared by the engineering and architectural firm of Tippets- Abbett- McCarthy - Stratton, consisting of 20 pages and dated December, 1970, is hereby incorporated by reference and made a part hereof for all purposes, SECTION 4, 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 imaginary 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 surface 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 specified radii from the tenter 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 perimeter, of the horizontal surface, at a specified slope and for a specified distance. D. Approach Surface - A surface longitudinally 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 dimension uniformly to a specified width. E. Transitional Surfaces - A surface extending outward and upward at right angles to the runway centerline and the runway centerline 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. l SECTIONS. 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 b. 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 create 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 th-- eyes of flyers using the airport but this prohibition shall not include 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 through the facilities of the airport. No other airport or landing field shall be constructed within the airport hazard zone. SECTION 7. 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 existence 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 8. 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 applications shall be made to the City of Grapevine. In the event that any administrative agency issues a permit erroneously allowing the beginning 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. The City of Grapevine shall have sole jurisdiction to enforce the airport hazard zoning regulations of the City of Grapevine except for the application for variances. SECTION 9. NOTICE TO FEDERAL AVIATION ADMINISTRATION Nothing in these regulations shall be construed as relieving any owner, sponsor, or agent from the requirement for filing a notice of proposed construction or alteration with the appropriate Federal Aviation Administration Authority. SECTION 10. 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 shall be allowed where a literal application or enforcement of the regulations 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 allowed shall be subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes of these regulations, SECTION 11. 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 12, BOARD OF ADJUSTMENT. A. There is hereby approved a Board of Adjustment to have and exercise the following powers: 1. To hear and decide appeals from any order, requirement, decision or determination made in the enforcement of these regulations. 2. 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, 3. To hear and decide specific variances. B. 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 public 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 members and from the members of the Board of Adjustment. G. The Board of Adjustment shall adopt rules for its goverance and procedure in harmony with the provisions of these regula- tions. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such times as the Board of Adjust- ment shall determine. The Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment 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 Adjustment, and shall immediately be filed in the Office of the Board of Adjustment, and shall be a public record. SECTION 13. APPEALS. A. Any person aggrieved, or taxpayer affected, by any decision of an Administrative Agency made in its administration 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 administrative 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. B. 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. C. 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 appeal 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, proceedings shall not be stayed otherwise than by order of the Board of Adjustment on notice to the Administrative Agency and on due cause shown. D. 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. E. 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. F. The Board of Adjustment shall make written findings of fact and conclusions of law, giving the facts upon which it acted and its I legal conclusions from such facts in reversing, or affirming, or modifying any order, requirement, decision or determination which comes before it under the provisions of these regulations, G. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of the Administrative 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 14. JUDICIAL REVIEW Any person aggrieved or taxpayer affected by any decision of the Board of Adjustment or City of Grapevine 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, present a verified petition to a Court of Competent Jurisdiction for relief in a manner as provided in Article 46e- 11(1), Texas Revised Civil Statutes. SECTION 15. ENFORCEMENT AN) REMEDIES, in addition, the City of Grapevine, may institute in any court of competent jurisidction, 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 16. 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 continues to exist shall constitute a separate offense. Jurisdiction for any offense providing a criminal penalty hereunder shall lie in the municipal court in the City of Grapevine, SECTION 17, CONFLICTING REGULATIONS Where these regulations impose a greater or more stringent restriction upon the use of the land, height of a structure or tree, or the establishing or main- taining of any other airport hazard 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 18. 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 application of the 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 19. AMENDMENTS, This ordinance may be amended or changed by the City Council of the City of Grapevine except as otherwise provided by the Airport Zoning Act, Article 46e V. A. C. S., after a public hearing in relation thereto at which parties in intent and citizens shall have an opportunity to be heard. At least fifteen (IS) days notice of the hearing shall be published in an official paper, or a paper of general circu- lation, in the political subdivision in which is located the airport hazard area. SECTION 20. 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, this the 2nd day of c)ct,t, A. D.. 1973. Mayor William Tate ATTEST: APPROVED AS TO FORM: City ttorney