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HomeMy WebLinkAbout1981-001ORDER NO /6r AN ORDER REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY IN THE VICINITY OF THE DENTON MUNICIPAL AIRPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES PHEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES, DEFINING CERTAIN TERMS USED HEREIN, REFERRING TO THE DENTON MUNICIPAL AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE, PROVIDING FOR ENFORCEMENT, ESTABLISHING A BOARD OF ADJUSTMENT, AND IMPOSING PENALTIES This order is adopted pursuant to the authority conferred by the Airport Zoning Act, as amended, Tex Rev Civ Stat Ann Article 46e-1 et seq (1969) It is hereby found that an obstruction has the potential foi endangering the lives and property of users of the Denton Municipal Airport, and property or occupants of land in its vicinity, that an obstruction may affect existing and future instrument approach minimums of Denton Municipal Airport, and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of Denton Municipal Airport, and the public investment therein Accordingly, it is declared 1 that the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Denton Municipal Airport, 2 t at it is necessary in the interest of the public h alth, public safety, and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented, and 3 that the prevention of these obstructions should be accomplished, to the extent legally posssible, by the exercise of the police power without compensation 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, or the lmarking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land BE IT ORDERED BY THE JOINT AIRPORT ZONING BOARD OF THE CITY OF DENTON, TEXAS, AND THE COUNTY OF DENTON, TEXAS SECTION 1 Short Title This order shall be known and may be cited as "Denton Municipal Airport Zoning Regulations" SECTION 2 Definitions As used in this order, unless the context otherwise requires 1 AIRPORT - means Denton Municipal Airport 2 AIRPORT ELEVATION - means the established elevation of the highest point on the usable landing area measured in feet from mean sea level 3 AIRPORT HAZARD - means any structure or tree or use of land which obstructs the air space required for the flights of aircraft or which obstructs or interferes with the control or tracking and/or data acquisition in the landing, taking off or flight at an airport, or at any installation or facility relating to flight, and tracking and/or data acquisition of the flight craft, hazardous, interfering with or obstructing such landing, taking off or flight of aircraft or which is hazardous to or interferes with tracking and/or data acquisition pertaining to flight and flight vehicles 4 AIRPORT HAZARD AREA - means any area of land or water upon which an airport hazard might he established if not prevented as provided in this order 5 AIRPORT REFERENCE POINT - means the Point established as the approximate geographic center of the airport landing area and so designated 6 APPROACH SURFACE - a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 4 of this order In plan the perimeter of the approach surface coincides with the perimeter of the approach zone 7 APPROACH TRANSITIONAL HORIZONTAL AND CONICAL ZONES - these zones are set forth in Section 4 of this order 8 BOARD OF ADJUSTMENT - a board consisting of five (5) members appointed by the City Council of the City of Denton, Denton County, Texas, as provided by Article 46e-10, Tex Rev Civ Stat Ann (1Q69) 9 CONICAL SURFACE - a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet 10 HAZARD TO AIR NAVIGATION - an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace 11 HEIGHT - for the purpose of determining the height limits in all zones set forth in this order and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified 12 HORIZONTAL SURFACE - a horizontal plane ISO feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone 13 JOINT AIRPORT ZONING BOARD - means a board consisting of five (5) members, two (2) members appointed by the City Council of the City of Denton, Texas, and two (2) members appointed by the Commissioners' Court, Denton County, Texas The four (4) members so appointed shall elect a fifth (Sth) member, the Chairman 14 LANDING AREA - means the surface area of the Airport used for the landing, takeoff or taxiing of aircraft 1S NONCONFORMING USE - any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this order or an amendment thereto 16 OBSTRUCTION - any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 4 of this order 17 PERSON - means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and inclues a trustee, receiver, assignee, administrator, executor, guardian, or other representative 18 PRIMARY SURFACE - a surface longitudinally centered on a runway When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway, but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline The width of a primary surface is 1,000 feet for a nonpreczsion instrument runway having a nonprecision instrument approach with visibility minimums as low as three -fourths (3/4) of a statute mile, and for precision instrument runways 19 RUNWAY - a defined area on an airport prepared for landing and takeoff of aircraft along its length 20 STRUCTURE - an object, including a mobile object, constructed or installed by man, including, but not limited to, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines 21 TRANSITIONAL SURFACES - these surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline 22 TREE -any object of natural growth 23 NONPRECISION INSTRUMENT RUNWAY - a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight -in nonprecision instrument approach procedure has been approved or planned 24 PRECISION INSTRUMENT RUNWAY - a runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR) It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document SECTION 3 Zones In order to carry out the provisions of this order, there are hereby created and established certain zones which include all of the land lying beneath the Approach Surfaces, Transition Surfaces, Horizontal Surface and Conical Surface as they apply to the Denton Municipal Airport Such zones are shown on the Zoning Map consisting of one (1) sheet, prepared by the City of Denton, Texas and dated July 1, 1979, which is attached to this order and made a part hereof An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation The various zones are hereby established and defined as follows 1 APPROACH ZONES (a) Runway 17 Approach Zone is established beneath the approach surface at the end of Runway 17 on the Denton Municipal Precision Instrument Airport for landings and takeoffs The inner edge of the approach zone shall have a width of 1,000 feet which coincides with the width of the primary surface at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet beyond each end of the primary surface, its centerline being the continuation of the centerline of the runway (b) Runway 35 Approach Zone is established beneath the approach surface at the end of Runway 35 on the Denton Municipal Nonprecision Instrument Airport for landings and takeoffs The inner edge of the approach zone shall have a width of 1,000 feet which coincides with the width of the primary surface at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet beyond each of the primary surface, its centerline being the continuation of the centerline of the runway 2 TRANSITION ZONES - Transition zones are hereby established beneath the transition surface adjacent to each runway and approach surface as indicated on the zoning map Transition surfaces, symmetrically located on either side of runways, have variable widths as shown on the zoning map Transitional surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of approach surfaces Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline 3 HORIZONTAL ZONE - The area beneath a horizontal place 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of Runways 17 and 35 and connecting the adjacent arcs by lines tangent to those aracs CONICAL ZONE - The area beneath the conical surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 1 for a horizontal distance of 4,000 feet SECTION 4 Height Limitations Except as otherwise provided in this order, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this order to a height in excess of the applicable height limit herein established for such zone Such applicable height limitations are hereby established for each of the zones in questions as follows 1 APPROACH ZONES (a) Runway 17 one (1) foot in height for each fifty (50') feet in horizontal distance beginning at the end of and at the elevation of the primary surface and extending to a point 10,000 feet from the end of the primary surface, then rising one (1) foot in height for each forty (40) feet in horizontal distance for an additional 40,000 feet along the extended runway centerline (b) Runway 35 one (1) foot in height for each thirty-four (341) feet in horizontal distance beginning at the end of and at the elevation of the primary surface and extending to a point 10,000 feet from the end of the primary service 2 TRANSITION ZONES Slope seven (71) feet outward or each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 640 feet above mean sea level In addition to the foregoing, there are established height limits sloping seven (71) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (71) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline 3 HORIZONTAL ZONE Established at one hundred fifty ' eet a ove the airport elevation, or a height of 790 feet above mean sea level 4 CONICAL ZONE Slopes twenty (201) feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation 5 EXCEPTED HEIGHT LIMITATIONS Nothing in this order shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to fifty (50') feet above the surface of the land SECTION 5 Use Restrictions Notwithstanding any other provisions of this order, no use may be made of land or water within any zone established by this order in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, 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 manuevering of aircraft intending to use the airport SECTION 6 Nonconforming Uses 1 Regulations Not Retroactive The regulations prescribed by this order shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this order, or otherwise interfere with the continuance of any nonconforming use Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this order, and is diligently prosecuted 2 Marking and Lighting Notwithstanding the preceding provision of this Section, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the City Manager, City of Denton, Texas, to indicate to the operators of aircraft in the vicinity of the Airport, the presence of such airport hazards Such markers and lights shall be installed, operated, and maintained at the expense of the City of Denton SECTION 7 Permits 1 Future Uses - Except as specifically provided in (a), (b) and (c), hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient parti- cularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed If such determination is in the affirmative, the permit shall be granted No permit for a use inconsistent with the provisions of this order shall be granted unless a variance has been approved in accordance with Section 7, Paragraph 4 (a) In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy-five (751) of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones (b) In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than seventy-five (7S') of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones (c) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy-five (7S') feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construc- tion, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this order except as set forth in Section 4, Paragraph 5 2 Existing Uses No permit shall be granted that would allow the establishment or creation of any airport hazard or permit a nonconforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation, than it was on the effective date of this order or any amendments thereto or than it is when the application for a permit is made Except as indicated, all applications for such a permit shall be granted 3 Nonconforming Uses Abandoned or Destroyed Whenever the City Manager of the City of Denton determines that a nonconforming structure or tree has been abandoned or more than eighty (80%) percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations 4 Variances Any person desiring to erect or increase the height of anv structure, or permit the growth of any tree, or use his property, in violation of the regulations prescribed in this order, may apply to the Board of Adjustment for a variance from such regulations in question The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in 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 this order Additionally, no application for variance to the requirements of this order may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Denton City -County Joint Airport Zoning Board for advice as to the aeronautical effects of the variance If the Denton City -County Joint Airport Zoning Board does not respond to the application within fifteen (15) days after receipt, the Board of Adjustment may act on its own to grant or deny said application 5 Obstruction Marking and Lighting Any permit or variance granted may, if such action is deemed advisable by the City Manager of the City of Denton or the Board of Ajdustment to effectuate the purpose of this order and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to allow the City Manager to install, operate, and maintain, at the expense of the City of Denton, Texas, such markings and lights as may be necessary SECTION 8 Enforcement It shall be the duty of the City Manager of the City of Denton, Texas to administer and enforce the regulations prescribed herein Applications for permits shall he made to the City Manager upon a form published for that purpose Applications required by this order to be submitted to the City Manager shall be promptly considered and granted or denied Applications for variances shall be made to the Board of Adjustment by first filing said application for variance with the City Manager who shall forthwith transmit said application to the Board of Adjustment for determination SECTION 9 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 by the City Manager of the City of Denton in the enforcement of this order, (b) to hear and decide special exceptions to the terms of this order upon which such Board of Adjustment under such regulations may be required to pass, (c) to hear and decide specific variances 2 The Board of Adjustment shall consist of five members appointed by the City Council of the City of Denton, Texas, and each shall serve for a term of two (2) years and removable for cause by the appointment authority upon written charges, after a public hearing 3 The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this order Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such times as the Board of Adjustment may 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 City Secretary, Denton, Texas, and shall he a public record 4 The Board of Adjustment shall make written findings of fact and conclusions of law stating the facts upon which it relied when making its legal conclusions in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this order 5 The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, require- ment, decision, or determination of the Citv Manager of the City of Denton or to decide in favor of the applicant on any matter upon which it is required to pass under this order, or to effect any variation in this order SECTION 10 Appeals 1 Any person aggrieved, or any taxpayer affected, by any decision of the City Manager of the City of Denton, Texas made in his administration of this order, if of the opinion that a decision of the City Manager is an improper application of these regulations, may appeal to the Board of Adjustment 2 All appeals hereunder must be taken within a reasonble time as provided by the rules of the Board of Adjustment, by filing with the City Manager a notice of appeal specifying the grounds thereof The City Manager 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 City Manager certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate, a stay would, in the opinion of the City Manager cause imminent peril to life or property In such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the City Manager and on due cause shown 4 The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time Upon the hearing any party may appear in person or by agent or by attorney S The Board of Adjustment may in conformity with the provisions of this order, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determi- nation appealed from and may make such order, requirement, decision or determination, as may be appropriate under the circumstances SECTION 11 Judicial Review Any person aggrieved, or any taxpaver affected, by any decision of the Board of Adjustment, may appeal to a Court of competent jurisdiction, as provided by the Airport Zoning Act, as amended, Tex Rev Civ Stat Ann Article 46e-11 (1969) SECTION 12 Enforcement and Remedies The City Manager of the City of Denton and/or the City Council may institute in any Court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of this order or of any order or ruling made in connection with its administration or enforcement including, but not limited to, an action for injunctive relief as provided by the Airport Zoning Act, as amended, Tex Rev Civ Stat Ann Article 46e-12 (1969) SECTION 13 Penalties Each violation of this order or of any regulation order, or ruling promulgated hereunder shall constitute a misdemeanor and upon conviction shall be punishable by a fine of not more than Two Hundred Dollars ($200 00) and each day a violation continues to exist shall constitute a separate offense SECTION 14 Conflicting Regulations Where there exists a conflict between any of the regu- lations or limitations prescribed in this order and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail SECTION 15 Severability If any of the provisions of this order or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of the order which can be given effect without the invalid provision or application, and to this end the provisions of this order are declared to be severable SECTION 16 Effective Date Whereas, the immediate operation of the provisions of this order is necessary for the preservation of the public health, public safety, and general welfare an emergency is hereby declared to exist, and this order shall be in full force and effect from and after its passage by the Airport Zoning Board and publication and posting as required by law Adopted by the Denton City -County Joint Airport Zoning Board this nth day of September, 1981 11 \ LV04100 ia 658 ORDER NO O / " DEED RECORDS 27239 AN ORDER REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY IN THE VICINITY OF THE DENTON MUNICIPAL AIRPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN, REFERRING TO THE DENTON MUNICIPAL AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE, PROVIDING FOR ENFORCEMENT, ESTABLISHING A BOARD OF ADJUSTMENT, AND IMPOSING PENALTIES This order is adopted pursuant to the authority conferred by the Airport Zoning Act, as amended, Tex Rev Civ Stat Ann Article 46e-1 et sec (1969) It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Denton Municipal Airport, and property or occupants of land in its vicinity, that an obstruction may affect existing and future instrument approach minimums of Denton Municipal Airport, and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of Denton Municipal Airport, and the public investment therein Accordingly, it is declared 1 that the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Denton Municipal Airport, 2 that it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented, and 3 that the prevention of these obstructions should be accomplished, to the extent legally posssible, by the exercise of the police power without compensation 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, or the marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land BE IT ORDERED BY THE JOINT AIRPORT ZONING BOARD OF THE CITY OF DENTON, TEXAS, AND THE COUNTY OF DENTON, TEXAS SECTION 1 Short Title This order shall be known and may be cited as "Denton Municipal Airport Zoning Regulations" SECTION 2 Definitions As used in this order, unless the context otherwise requires 1 AIRPORT - means Denton Municipal Airport 2 AIRPORT ELEVATION - means the established elevation of the highest point on the usable landing area measured in feet from mean sea level 3 AIRPORT HAZARD - means any structure or tree or use of land which obstructs the air space required for the flights of aircraft or which obstructs or interferes with the control or tracking and/or data acquisition in the landing, taking off or flight at an airport, or at any installation or facility relating to flight, and tracking and/or data acquisition of the flight craft, hazardous, interfering with or obstructing such landing, taking off or flight of aircraft or which is hazardous to or interferes with tracking and/or data acquisition pertaining to flight and flight vehicles 4 AIRPORT HAZARD AREA - means any area of land or water upon which an airport hazard might be established if not prevented as provided in this order 5 AIRPORT REFERENCE POINT - means the point established as the approximate geographic center of the airport landing area and so designated 6 APPROACH SURFACE - a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 4 of this order In plan the perimeter of the approach surface coincides with the perimeter of the approach zone M1190 eAU 359 v01100 PAGE 660 7 APPROACH TRANSITIONAL HORIZONTAL AND CONICAL ZONES - these zones are set forth in Section 3 of this order 8 BOARD OF ADJUSTMENT - a board consisting of five (5) members appointed by the City Council of the City of Denton, Denton County, Texas, as provided by Article 46e-10, Tex Rev Civ Stat Ann (1969) 9 CONICAL SURFACE - a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet 10 HAZARD TO AIR NAVIGATION - an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace 11 HEIGHT - for the purpose of determining the height limits in all zones set forth in this order and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified 12 HORIZONTAL SURFACE - a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone 13 JOINT AIRPORT ZONING BOARD - means a board consisting of five (5) members, two (2) members appointed by the City Council of the City of Denton, Texas, and two (2) members appointed by the Commissioners' Court, Denton County, Texas The four (4) members so appointed shall elect a fifth (5th) member, the Chairman 14 LANDING AREA - means the surface area of the Airport used for the landing, takeoff or taxiing of aircraft 15 NONCONFORMING USE - any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this order or an amendment thereto 16 OBSTRUCTION - any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 4 of this order 17 PERSON - means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and inclues a trustee, receiver, assignee, administrator, executor, guardian, or other representative 18 PRIMARY SURFACE - a surface longitudinally centered on a runway When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway, but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline The width of a primary surface is 1,000 feet for a nonprecision instrument runway having a nonprecision instrument approach with visibility minimums as low as three -fourths (3/4) of a statute mile, and for precision instrument runways 19 RUNWAY - a defined area on an airport prepared for landing and takeoff of aircraft along its length 20 STRUCTURE - an object, including a mobile object, constructed or installed by man, including, but not limited to, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines 21 TRANSITIONAL SURFACES - these surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline VOL1100 PAGE 661 4VOL1 00 ME 662 22 TREE -any ob]ect of natural growth 23 NONPRECISION INSTRUMENT RUNWAY - a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight -in nonprecision instrument approach procedure has been approved or planned 24 PRECISION INSTRUMENT RUNWAY - a runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR) It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document SECTION 3 Zones In order to carry out the provisions of this order, there are hereby created and established certain zones which include all of the land lying beneath the Approach Surfaces, Transition Surfaces, Horizontal Surface and Conical Surface as they apply to the Denton Municipal Airport Such zones are shown on the Zoning Map consisting of one (1) sheet, prepared by the City of Denton, Texas and dated July 1, 1979, which is attached to this order and made a part hereof An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation The various zones are hereby established and defined as follows 1 APPROACH ZONES (a) Runway 17 Approach Zone is established beneath the approach surface at the end of Runway 17 on the Denton Municipal Precision Instrument Airport for landings and takeoffs The inner edge of the approach zone shall have a width of 1,000 feet which coincides with the width of the primary surface at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet beyond each end of the primary surface, its centerline being the continuation of the centerline of the runway (b) Runway 35 Approach Zone is established beneath the approach surface at the end of Runway 35 on the Denton Municipal Nonprecision Instrument Airport for landings and takeoffs The inner edge of the approach zone shall have a width of 1,000 feet which coincides with the width of the primary surface at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet beyond each of the primary surface, its centerline being the continuation of the centerline of the runway 2 TRANSITION ZONES - Transition zones are hereby established beneath the transition surface adjacent to each runway and approach surface as indicated on the zoning map Transition surfaces, symmetrically located on either side of runways, have variable widths as shown on the zoning map Transitional surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of approach surfaces Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline 3 HORIZONTAL ZONE - The area beneath a horizontal place 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of Runways 17 and 35 and connecting the adjacent arcs by lines tangent to those aracs CONICAL ZONE - The area beneath the conical surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 1 for a horizontal distance of 4,000 feet SECTION 4 Height Limitations Except as otherwise provided in this order, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this order to a height in excess of the applicable height limit herein established for such zone Such applicable height limitations are hereby established for each of the zones in questions as follows 1 APPROACH ZONES (a) Runway 17 one (1) foot in height for each fifty (50') feet in horizontal distance beginning at the end of and at the elevation of the primary surface and extending to a voLI100 ma 664 point 10,000 feet from the end of the primary surface, then rising one (1) foot in height for each forty (40) feet in horizontal distance for an additional 40,000 feet along the extended runway centerline (b) Runway 35 one (1) foot in height for each thirty-four (341) feet in horizontal distance beginning at the end of and at the elevation of the primary surface and extending to a point 10,000 feet from the end of the primary service 2 TRANSITION ZONES Slope seven (711 feet outward or eac oot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 640 feet above mean sea level In addition to the foregoing, there are established height limits sloping seven (71) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (71) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline 3 HORIZONTAL ZONE Established at one hundred fifty feet above the airport elevation, or a height of 790 feet above mean sea level 4 CONICAL ZONE Slopes twenty (201) feet outward for each oot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation 5 EXCEPTED HEIGHT LIMITATIONS Nothing in this order shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to fifty (50') feet above the surface of the land SECTION 5 Use Restrictions Notwithstanding any other provisions of this order, no use may be made of land or water within any zone established by this order in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, 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 manuevering of aircraft intending to use the airport SECTION 6 Nonconforming Uses 1 Regulations Not Retroactive The regulations prescribed by this order shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this order, or otherwise interfere with the continuance of any nonconforming use Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this order, and is diligently prosecuted 2 Marking and Lighting Notwithstanding the preceding provision of this Section, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the City Manager, City of Denton, Texas, to indicate to the operators of aircraft in the vicinity of the Airport, the presence of such airport hazards Such markers and lights shall be installed, operated, and maintained at the expense of the City of Denton SECTION 7 Permits 1 Future Uses - Except as specifically provided in (a), (b) and (c), hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in anv zone hereby created unless a permit therefor shall have been applied for and granted Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient parti- cularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed If such determination is in the affirmative, the ivoi1100 PAGE 665 LVOL OO ma 666 permit shall be granted No permit for a use inconsistent with the provisions of this order shall be granted unless a variance has been approved in accordance with Section 7, Paragraph 4 (a) In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy-five (751) of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones (b) In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than seventy-five (7S') of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones (c) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy-five (75') feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construc- tion, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this order except as set forth in Section 4, Paragraph 5 2 Existing Uses No permit shall be granted that would allow the establishment or creation of any airport hazard or permit a nonconforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation, than it was on the effective date of this order or any amendments thereto or than it is when the application for a permit is made Except as indicated, all applications for such a permit shall be granted 3 Nonconforming Uses Abandoned or Destroyed Whenever the City Manager of the City of Denton determines that a nonconforming structure or tree has been abandoned or more than eighty (80%) percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations 4 Variances Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property, in violation of the regulations prescribed in this order, may apply to the Board of Adjustment for a variance from such regulations in question The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in 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 this order Additionally, no application for variance to the requirements of this order may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Denton City -County Joint Airport Zoning Board for advice as to the aeronautical effects of the variance If the Denton City -County Joint Airport Zoning Board does not respond to the application within fifteen (15) days after receipt, the Board of Adjustment may act on its own to grant or deny said application 5 Obstruction Marking and Lighting Any permit or variance granted may, if such action is deemed advisable by the City Manager of the City of Denton or the Board of Addustment to effectuate the purpose of this order and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to allow the City Manager to install, operate, and maintain, at the expense of the City of Denton, Texas, such markings and lights as may be necessary t VOL1100 NAcL 667 VOL1100 PACE 668 SECTION 8 Enforcement It shall be the duty of the City Manager of the City of Denton, Texas to administer and enforce the regulations prescribed herein Applications for permits shall be made to the City Manager upon a form published for that purpose Applications required by this order to be submitted to the City Manager shall be promptly considered and granted or denied Applications for variances shall be made to the Board of Adjustment by first filing said application for variance with the City Manager who shall forthwith transmit said application to the Board of Adjustment for determination SECTION 9 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 by the City Manager of the City of Denton in the enforcement of this order, (b) to hear and decide special exceptions to the terms of this order upon which such Board of Adjustment under such regulations may be required to pass, (c) to hear and decide specific variances 2, The Board of Adjustment shall consist of five members appointed by the City Council of the City of Denton, Texas, and each shall serve for a term of two (2) years and removable for cause by the appointment authority upon written charges, after a public hearing 3 The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this order Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such times as the Board of Adjustment may 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 City Secretary, Denton, Texas, and shall he a public record 4 The Board of Adjustment shall make written findings of fact and conclusions of law stating the facts upon which it relied when making its legal conclusions in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this order 5 The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, require- ment, decision, or determination of the City Manager of the City of Denton or to decide in favor of the applicant on any matter upon which it is required to pass under this order, or to effect any variation in this order SECTION 10 Appeals 1 Any person aggrieved, or any taxpayer affected, by any decision of the City Manager of the City of Denton, Texas made in his administration of this order, if of the opinion that a decision of the City Manager is an improper application of these regulations, may appeal to the Board of Adjustment 2 All appeals hereunder must be taken within a reasonble time as provided by the rules of the Board of Adjustment, by filing with the City Manager a notice of appeal specifying the grounds thereof The City Manager shall forthwith transmit to the Board of Adjustment all the papers constituting the record o r upon which the action appealed from was taken 3 An appeal shall stay all proceedings in furtherance of O the action appealed from, unless the City Manager certifies to the Board of Adjustment, after the notice of appeal has been QED filed with it, that by reason of the facts stated in the certificate, a stay would, in the opinion of the City Manager cause imminent peril to life or property In such case, VOL1100 PACE 670 proceedings shall not be stayed except by order of the Board of Adjustment on notice to the City Manager and on due cause shown 4 The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time Upon the hearing any party may appear in person or by agent or by attorney S The Board of Adjustment may in conformity with the provisions of this order, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determi- nation appealed from and may make such order, requirement, decision or determination, as may be appropriate under the circumstances SECTION 11 Judicial Review Any person aggrieved, or any taxpaver affected, by any decision of the Board of Adjustment, may appeal to a Court of competent jurisdiction, as provided by the Airport Zoning Act, as amended, Tex Rev Civ Stat Ann Article 46e-11 (1969) SECTION 12 Enforcement and Remedies The City Manager of the City of Denton and/or the City Council may institute in any Court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of this order or of any order or ruling made in connection with its administration or enforcement including, but not limited to, an action for injunctive relief as provided by the Airport Zoning Act, as amended, Tex Rev Civ Stat Ann Article 46e-12 (1969) SECTION 13 Penalties Bach violation of this order or of any regulation order, or ruling promulgated hereunder shall constitute a misdemeanor and upon conviction shall be punishable by a fine of not more than Two Hundred Dollars ($200 00) and each day a violation continues to exist shall constitute a separate offense SECTION 14 Conflicting Regulations Where there exists a conflict between any of the regu- lations or limitations prescribed in this order and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail SECTION 15 Severability If any of the provisions of this order or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of the order which can be given effect without the invalid provision or application, and to this end the provisions of this order are declared to be severable SECTION 16 Effective Date Whereas, the immediate operation of the provisions of this order is necessary for the preservation of the public health, public safety, and general welfare an emergency is hereby declared to exist, and this order shall he in full force and effect from and after its passage by the Airport Zoning Board and publication and posting as required by law Adopted by the Denton City -County Joint Airport Zoning Board this oth day of September, 1981 TOMMY JON 1, /AAIIRRRMAN BOB 0 F----�—�--- voi1100 PAGE 671 ol, r�r�n�,LP�o/--?�.9/-../ J 1981 Sep ta 6 Iu, CITY OF DENTON MEMORANDUM DATE September 11, 1981 TO Brooks Holt, City Secretary FROM C J Taylor, Jr , City Attorney SUBJECT Denton City -County Airport Zoning Commission Attached are the following instruments for filing in the permanent records 1 Final Report of Denton Municipal Airport Zoninq Commission to Denton City -County Joint Airport Zoning Board 2 Notice of Hearing by Denton City -County Joint Airport Zoning Board 3 Order Giving Notice of Hearing by Denton City - County Joint Airport Zoning Board 4 Adoption by Denton City -County Joint Airport Zoning Board of Final Report of Airport Zoning Commission 5 Original and one copy of Order No 81-1 adopting Airport Zoning Regulations, please file the original of this order with the County Clerk of Denton County, Texas 6 Attorney's Certificate 7 Proof of Publication of Notice of Hearing by Denton City -County Joint Airport Zoning Board CJTJR 7s Attachments FINAL REPORT OF DENTON MUNICIPAL AIRPORT ZONING COMMISSION TO DENTON CITY -COUNTY JOINT AIPORT ZONING BOARD The Denton Municipal Airport Zoning Commission, heretofore appointed by the Denton City -County Joint Airport Zoning Board on July 9, 1981, submits to said Denton City -County Joint Airport Zoning Board a final report of activities after having completed the following details The Denton Municipal Airport Zoning Commission submitted a preliminary report to the Board on August 3, 1981, issued a notice on August 3, 1981, to all interested persons of plans for airport zoning, published such notice in the Denton Record -Chronicle, Denton, Texas, in the issue of August 4, 1981, and held a public hearing in compliance with such notice on August 19, 1981 The following Denton Municipal Airport Zoning Commission members were present William A Crawford, Chairman Russell Bates, Member Ricky Grunden, Member After having heard all evidence offered in favor of adopting the zoning plans as set out in the map dated June 1, 1979, prepared by the City of Denton, Texas, and after having heard all others present in support of and against the adoption of the zoning plan as set out, the Denton Municipal Airport Zoning Commission finds that the plan as set out on the map of June 1, 1979, prepared by the City of Denton, Texas, is necessary to the proper use of the Denton Municipal Airport and is practical for such purposes It is therefore recommended to the Denton City -County Joint Airport Zoning Board that such pan be adopted Signed at Denton, Texas, this / I day of August 81 WILLI�M'A') CRA ORD, CHAIRMAN nuoaruu uniuu, .auaauua. RI KY RUNDEN, MEMBER O R D E R OF THE DENTON CITY -COUNTY JOINT AIRPORT ZONING BOARD WHEREAS, pursuant to the order of the Denton City -County Joint Airport Zoning Board dated July 9, 1981, there was created an Airport Zoning Commission for this city and county, which said Airport Zoning Commission did on the 3rd day of August, 1981, make its preliminary report relative to the adoption of airport zoning regulations by the Denton City -County Joint Airport Zoning Board and on the 19th day of August, 1981, said Zoning Commission made its final report to said Zoning Board for the purpose authorized by Chapter 391 of the Acts of the Regular Session of the 50th Legislature, 1947, and WHEREAS, it appears to this Board that Chapter 391 of the Acts of the Regular Session of the 50th Legislature 1947, requires that this Board hold a public hearing on said final report of the Airport Zoning Commission at which hearing parties in interest and citizens shall have an opportunity to be heard regarding the airport zoning regulations proposed to be adopted for airport hazard areas in this city and county, NOW, THEREFORE, pursuant to the provisions of Section 5 of Chapter 391 of the Acts of the Regular Session of the 50th Legislature, 1947, notice is hereby given that a public hearing will be held before this Board on September 9, 1981, at the Municipal Building in Denton, Texas, at 7 00 P M , for the purpose of hearing all parties in interest and citizens who desire to be heard on the final report of the Airport Zoning Commission proposing airport zoning regulations to be adopted by this joint board prescribing regulations covering airport hazard areas in this city and county IT IS FURTHER ORDERED that this notice be published in the Denton Record -Chronicle a newspaper of general circulation in this city and county DATED this 21st day of August, 1981 TOMMY Jo , LVHATRMAN DENTON C Y- OUNTY JOINT AIRPORT ZONING BOARD O R D E R NOTICE OF HEARING BY DENTON CITY -COUNTY JOINT AIRPORT ZONING BOARD WHEREAS, pursuant to the order of the Denton City -County Joint Airport Zoning Board dated July 9, 1981, there was created an Airport Zoning Commission for this city and county, which said Airport Zoning Commission did on the 3rd day of August, 1981, make its preliminary report relative to the adoption of airport zoning regulations by the Denton City - County Joint Airport Zoning Board and on the 19th day of August, 1981, said Airport Zoning Commission made its final report to said Joint Airport Zoning Board for the purpose authorized by Chapter 391 of the Acts of the Regular Session of the 50th Legislature, 1947, and Pursuant to the provisions of Section 5 of Chapter 391 of the Acts of the Regular Session of the 50th Legislature, 1947, notice is hereby given that a public hearing will be held before this Board on September 9, 1981, at the Municipal Building in Denton, Texas, at 7 00 P M , for the purpose of hearing all parties in interest and citizens who desire to be heard on the final report of the Airport Zoning Commission proposing airport zoning regulations to be adopted by this joint board prescribing regulations covering airport hazard areas in this city and county DATED this 21st day of August, 1981 TOMMY JONESOCWRMAN DENTON CITY -COUNTY JOINT AIRPORT ZONING BOARD ADOPTION BY DENTON CITY -COUNTY JOINT AIRPORT ZONING BOARD OF FINAL REPORT OF AIRPORT ZONING COMMISSION WHEREAS, the Airport Zoning Commission heretofore appointed by this Board did submit its Final Report on the 19th day of August, 1981, and WHEREAS, this Board did issue an order on the 21st day of August, 1981, giving notice of a public hearing to he held before this Board on September 9, 1081, at the Municipal Build- ing in Denton, Texas, at 7 00 P M , for the purpose of hearing all parties in interest and citizens who desire to be heard on the final report of said Airport Zoning Commission, and WHEREAS, no objections were made to such Report after the Board had assembled at the appointed time and place to consider such objections, NOW, THEREFORE, on a motion by All%E and seconded by 'Ro A A CO L E _ it is unanimously ordered by the Denton City -County Joint Airport Zoning Board that the report of the Airport Zoning Commission he adopted It is further ordered by this Board that the City Attorney of the City of Denton, prepare the proper order to carry out the zoning regulations being considered, and that the order carry provisions for injunctive relief according to the State Law of Texas That such order shall he in harmony and alike to a map prepared by the City of Denton, Texas on June 1, 1070, as to technical requirements of the various zones and heights as set out on such zoning map PASSED this the 9th day of September, 1991 MM JN , C ARM DENTON C - NTY JOINT AIRPORT ZONING BOARD PROOF OF PUBLICATION OF NOTICE OF HEARING BY DENTON CITY -COUNTY JOINT AIRPORT ZONING BOARD THE STATE OF TEXAS S COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared ROY APPLETON, JR , known to me to be the person, and being by me duly sworn, stated to me on his oath that the attached copy of printed notice is a true and correct copy of an original notice which was published in the issue of the news- paper known as the Denton Record -Chronicle, bearing as its date the 2_ day Of August , 1981, that such newspaper was on such date and all during and exceeding twelve months prior to such date a newspaper of general circulation in the county in which the proceedings mentioned in such notice were, and still are, pending, that a copy of such notice as so published in Denton County, Texas, and that the affiant is the publisher of such newspaper and knows that what is stated in this affidavit is true, that such notice was published as provided in Chapter 391 of the Acts of the Regular Session of the 50th Legislature, 1947, and amendments thereto, and being Article 46e, Section 5 of the Revised Civil Statutes of Texas for the service of notice of publication, that such newspaper was and is one printed in the county where the proceeding mentioned in such notice is pending, and further that the proper charge of such publishW for such publication is $ 14 32 PUBLI E SUBSCRIBED AND SWORN TO BEFORE ME by the said General Manager , this the 24 day of August , 1981, to certify which witness my hand and seal of office NOTARY PUBLICcW AND FOR DENTON COUNTY, TEXAS CITY Of DENTON, TEXAS MUNICIPAL BUILDING i DENTON TEXAS 76207 / TELEPHONE (877) 382 9601 ATTORNEY'S CERTIFICATE AIRPORT ZONING ORDER DENTON MUNICIPAL AIRPORT September 10, 1q81 Office of City Attorney I hereby certify that I have examined the Airport Zoning Order adopted by the Denton City -County Joint Airport Zoning Board on September 9, 1981, relating to the Denton Municipal Airport, and said order together with all legal notices and hearing were hdd and enacted pursuant to applicable state and local laws, orders and ordinances, and that in my opinion said order complies with the conditions set out in the Grant Agreement between the City of Denton, Texas and the Federal Aviation Administration, together with all State and local laws and is valid, binding and enforceable G ' C J AY R JR CITY ATTORN CITY OF DFNTON, TEXAS CJTJR js NO 1-01 AN ORDINANCE DESIGNATING THE BELOW DESCRIBED LOCATIONS AS HISTORIC LANDMARKS UNDER ORDINANCE NO 80-30 (ARTICLE 28A OF THE COMPRE- HENSIVE ZONING ORDINANCE), AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Historic Landmark Commission and the Planning and Zoning Commission of the City of Denton have recommended that the property herein described be designated as historic landmarks in the City of Denton, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I The following described locations shall be designated as historic landmarks under Ordinance No 80-30, Article 28A of the Comprehensive Zoning Ordinance of the City of Denton, Texas 1 H-4 607 Pearl Street 2 H-5 609 West Oak Street 3 H-6 722 West Oak Street 4 H-7 705 West Oak Street 5 H-8 811 West Oak Street 6 H-9 723 West Oak Street 7 H-10 812 West Oak Street 8 H-11 1003 West Oak Street 9 H-12 1023 West Oak Street 10 H-13 1015 West Oak Street SECTION II The historic landmark designation shall be indicated upon the zoning map of the City of Denton by the letter "H", and the property herein described shall be subject to all of the terms, provisions and requirements of Ordinance No 80-30, Article 28A of the Comprehensive Zoning Ordinance of the City of Denton, Texas SECTION III This ordinance shall become effective from and after its date of passage _J PASSED AND APPROVED this the / day of CIII D NTON,-TEXAS ATTEST BRO KS HOLT, ITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY