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A REPORT REGARDING AIRPORT HEIGHT CONTROL ZONING
REGULATIONS AND AIRPORT COMPATIBLE LAND USE ZONING
REGULATIONS APPLICABLE TO LAND IN THE VICINITY
OF THE DENTON MUNICIPAL AIRPORT
• AIRPORT ZONING COMMISSION
CITY OF DENTON
OCTOBER, 1993 » •
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PREUMINARYiJE ORTgECAgt)INC AIRPOR'T'
C ATL ND Y ONIN r F~ur~xI MMjG _
U I~?S~RT COMI~ATI~
M I~1" NS ~hPt. JAM I
i THE -VM1N1'I'Y OF TH17 E T Iy~vl~J,jVICIP~ A Aran T
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i,00 Nf"_ UCUON
The Denton Munielpai Airport zoning Commission has been established under the
provisions of the Local Government Code Section 241,016 to study and make
recommendations for regulating airport height hazard and land use compatibility zoning
in the vicialty of the Denton Municipal Airport, The Airport Zoning Commission
comprising three members of the Denton planning and zoning Commission and three
members of the Denton Airport Advisory Board, convened a series of work sesslons starting
in January, 1993, The Commission prepared a preliminary report dated July, 1993
Incorporating proposals to restrict and regulate the use of land and the height and
construction of buildings In the vicinity of the Municipal Airport, A public hearing was
held on July 15, 1993 with regard to the proposals contained In the preliminary report,
'rho Commission held a final meeting on July 22, 1993 to consider comments received at
the public hearing and then directed staff to toward 111i recommendations to the City
Council, This report Incorporates the final recommendations of the Airport Zoning
commission.
'rho planning and Zoning Commission and the Airport Advisory Board will hold a joint
public hearing scheduled for November,,.,,, 1993, to receive comments from the public
with regard to the final recommendatlons as contained In this report,
2,00 40MpAT W,U USB VLQ1` I
The Denton Municipal Airport Is used by the public to an extent [hat the airport fulfills an
essential community purpose, It is necessary in the Interest of the public health, public
safety and general welfare to prevent the creation of an airport hazard, The legislative
findings regarding airport hazard contained In the Local Government Code Section 241,002
are all applicable to the Denton Municipal Airport
2,10 LotllixIn the .xtM(1rHtP-dAL& licd.4t1;
~ Under provisions contained in the Local Government Code Section 241,013, the City of
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Denton may adopt, administer and enforce the proposed regulations In the area located
outside the corporate city limits in the extraterritorial jurisdiction (RTJ), land uses,
buildings and structures permitted In the KTJ shall be In accordance with there a lations
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as well as comply with other applicable Federal, State and local regulations and standards.
It Is intended that the height hazard and the compatible land use zones proposed In this,
report shall "overlay" the applicable land use and building regulations and other
development standards of the City of Denton as may be amended from time to time, in
any event that the underlying zoning or building regulations or standards are in conflict,
or inconsistent with the proposed height hazard And compatible land use regulations, these
regulations shall take precedence,°
2.20 Airport Develon;nent Zonal
The Airport Zoning Commission proposes to establish ant Airport Development Zone (ADZ)
in the vicinity of the Denton Municipal Airport In order to provide a framework for
restricting and regulating existing and future use of land and buildings. The Airport
Development Zone Is defined by two parallel lines drawn In art cast west direction and
measured 10,000 feet from both ends of the proposed now and extended runways and 4
being 4,000 feet wide; two north-south parallel lines drawn 3,500 feet from the centerline
of the proposed new and extended runways and equal In length to the proposed new and
extended runways, Lines are then drawn to connect the cast-west and north-south lines
to complete the Airport Development Zone as shown on attached map. A metes and
bounds description of the Airport Development 'bone Is Included In Appendix "A".
2,30 permitted User;
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All land uses as permitted by the zoning classifications as established on the official zoning
map of city of Denton as may be amended front time to tin ci, shall be permitted In the
Airport Development 'Lone except the fallowing uses which are pmltlbitedr
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(a) All educational uses, Including but not lbnlted to, public and private schools,
A kindergartens and child care facilities, colleges and universities, and vocational schools.
However, (1) Schools for flight Instruction or for vocations associated with the Airport,
nirplanes or aviation related activities and (li) facilities for employee or client training or
Instruction related to services or products associated with the business of the entity
providing such training or Instruction (provided such training or Instruction Is not the
primary business of such entity) shalt be permitted in the Airport Development Zone.
(b) Hospitals; nursing homes, Institutions or any other facilities providing convalescent or r
rehabilitative care; establishments for the care, treatment or rehabilitation of alcoholic,
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narcotic or psychlatric patients; residence homes for the aged; and institutions, homes or
rehn bill lat lon centers for persons convicted of crimes, However, medical, dental or optical
clinics for the examination, consultation or treatment of patients as out patients, medical
laboratories, establishments for the sale or rental of or Industrial facilities for the
manufacture of medical or optical supplies and equipment, pharmacies, veterinarian clinics
and related facilities, public safety or emergency medical facilities operated by or in
connection with the Alrport shall be permitted in the Airport Development 'Lone; and
(c) No use may be made of land or water within the Airport Development Zone that will
create electrical Interference with nnvigatlonal signals or radio communication between the
airport and the, aircraft, or that will create interference with any Internavigation facility,
airport visual approach or landing aid, aircraft arresting device or meteorological device,
or that will make It difficult for pilots to distinguish between airport lights, result In glare
In the eyes of pilots using the alrport, impair visibility In the vicinity of the airport, create
bird strike hazards, or otherwise !n any way endanger or Interfere with landing, taking off
or maneuvering of aircraft using the airport,
The Airport Development 'Lone is further divided into gone one (z•1) and zone two (Z-2)
and defined as follows;
2.40. Z2.h? One (Z-1) includes all that area located within the 65 Ldn or areas with noise
levels higher than 65 Ldn as shown on the attached map. A metes and hounds
description of zone one, (Z•1) is included In Appendix "B"
2.41 2grmitted-URsi
All uses as permitted In the Airport Development zone except thnt new residential uses
shall he prohibited. Bxisting residential uses shall become nonconforming uses on
adoption of the Munlcipnl Airport Zoning Regulations and subject to the provisions
contained In Chapter 35 Section 13 of the Code of ordinances, In addition existing
residential uses shall be governed by the following provisions,
(a) When a property owner proposes to repair, rebuild or remodel an existing residential
stricture, the City may offer to purchnse that property subject to (hi, availability of funds,
® (b) If the City Is unable to purchase the property at that time, the property owner may
be permitted to repair, rebuild or remodel an existing structure In accordance with chapter
35.13 of the Denton Code of ordinances, providing that the construction complies with
the noise mitigation standards contained in appendix "C"
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2,50 zone Twq (71z? Include all that area located in the Airpori Development Zone
outside of the 65 Ldn or areas with noise levels less than 65 Lein ms shown on map, A
metes and bounds description for the outer limits of zone two Is the same as for the Airport
Development Zone Included In Appendix "A",
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2,51 Permitted uses, J
(a) All uses as permitted In the Airport Development Zone except that research type
facilities similar to and including the existing University of North Texas Water Research
Field Station shall be permitted In this zone,
(b) property owners proposing to constrnrt a new residential building or to rebuild,
remodel, add to or repair an exlsting residential building shall be required to sign an
avlgntion easement agreement with the City of Denton, A sample copy of that agreement
Is contained In appendix "D"
(c) property owners may not be required to sign the avigation easement agreement If the
proposed building, rebuilding, remodelling, addition or repair operations comply with the
noise mitigation standards contained In appendix "C"
3,00. LIELGI,iI_ NTIMZDLIZNIQ
All structures erected, reconstructed, altered or enlarged In the Airport Height Control Area,
and all objects of natural growth placed, replaced, planted, replanted or altered In the
Airport Height Control Area, shall comply with height restrictlons, rules and regulations
from time to time promulgated by the Federal Aviation administration (FAA), The Airport
}lelght Control Area Is located within pve miles from tho end of the proposed new and
extended runways and one and one half miles from the centerline of the proposed new and
extended minways as shown on map,
4,00. F S
The owner of any properly located within the Airport Development Zone (ADZ) or the
Airport []eight Control Area shall obtain a permit to be Issued by the qullding Official of
the City before:
(a) A nonconforming o+tructure may be replaced, rebuilt substnntlally changed or
0 substanlially repaired; • •
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(b) A nonconforming object of natural growth may be replaced, substanllaliy changed,
allowed to grow higher, or replanted;
(c) A new structure is constructed; or
(d) An existing structure Is substantially repaired of substantially changed,
5,00,S?C' `IMkNT
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The existing Board of Adjustment of the City of Denton shall be designated as the Denton
Murdclpai Airport Board of Adjustment with the following powerst
(a) To hear And decide Appeals from an order, requirement, decision or determ{nation made
by the Building Official in the enforcement or adHnistratlan of the airport height control
area zoning regulations and the airport compatible land use zoning regulations,
(b) To hear and decide sp~ciflc variance applications,
5,10, ~~IANCEiS;
(a) Any person who desires to erect or Increase the height of a structure, ppermit growth
of an object of natural growth or otherwise use property located within the Airport
Developpment Zone or the airport height control area In violation of height or use
restrictions may apply to thr. Board of Adjustment for a variance,
(b) The Board shall allow a variance from the height or use restrictions if.,
(1) A literal application or enforcement of the regulations would result In practical difflculry
or unnecessaty hardship; and
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(11) The granting of the relief would (1) result in substantial justice being done (2) not
be contrary to the public Interest (3) and be in accordance with the spirit of the Denton j
Municipal Airport Zoning Regulations; provided, however, the board may `Impose `erty
b reasonable conditions that the Board considers necessary to accomplish the purposes of the
regulations,
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INZ S AN1 D-00126DESCl3IEFI - 01 'n-IF AIRE nyfuj~;NT 70NE
ALL that certain lot, tract, or parcel of land situated In Denton County,'rexas and being i
part, or all of the following surveys; G, West Survey A•1393, S, Paine Survey A-1035, J.
KJeiborg Survey A •1610, M, Paine Survey A•1036, B,B,B, & C, R.R Co, Survey A•176, J.
McDonald Survey A•873, A. Byerly Survey A•1458, 1, Hembrio Survey A•594, J. Dalton
Survey A•353, J, Bacon Survey A•1540, J, Hardin Survey A`-1656, Wm, Neill ,SutveyA•970,
W, Smith Survey A•1188, A, Madden Survey A•851, T. Tobey Survey A=1285, W, Wilburn
Survey A•1419, D. Davis Survey A~356, A. Mays Survey A•844, W. Davis Survey A•377, J.
,
Scott Sutvey A•)222, A. Cobberly Survey A•1542, 0. Myers Survey A-843, Myers and
Johnson Survey A•1699, E, Orr Survey A•983, G. Barb Survey A•2081 W, Bryan Survey A.
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148, S, Hulzat' Survey A•514, J. i lane Survey A•515, and the R, Whitlock Survey A•1403
and being more particularly described as follows;
COMMENCING at the centerline of the south end of the City of Demon Municipal Airport
runway as it exists on July 13, 1993, being located In W. Neill Survey A-970;
THUNCE south 0° 20' 52" west a distance of 1000,0 feet;
THENCE south 89° 39' 08" cast a distance of 3500 feet to the Point of 1leginning, in the
J, Hardln Survey A•1656;
'rl IENCE north 0° 20' 52" cast crossing the north line of the J. Hardin Survey A-1656, some heing the most northerly south line of the Wm. Neill Survey A•970, continuing
and
crossing the most northerly north line of said Wm. Neill Survey, same being the south line t
of the T. Toby Survty A•1985, continuing and crossing the north line of said t Toby
Survey, same being thus tie of the A, Cobberly Survey A•1542 and continuing a total
distance of 7500,0 feet tL ,int for corner;
THENCE north 8° 10' 59" west crossing the west line of said A. Cobberly Survey, same
being the cast line of the J. Scott Survey A•1222, continuing and crossing the siorth line z
of said Scott survey also being Jim Chrislnl Road and the south line of the W, Bryan Survey
A•148, continuing and crossing US, Highway 380, continuing and crossing the north line
of said W, Bryan Survey, same being the south line of the R. Whitlock Survey A•1403,
continuing a total distance of 10,111`,87 feet to a point for corner;
THENC11 north 89° 39' 08" west crossing the west line of said R, Whitlock Survey, same
being the east line of the S, Huizar Survey A•514, continuingA total distance of 2,500,0
feet to a point for corder;
THENCE north 00 20' 52" east, crossing the north line of said S, I lulzar Survey a total r i
distance of 5000.0 feet to a point for corner;
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THLNCC north 89° 39' 08" west a distance of' 4000.0 feet to a point for corner;
THCNCIE south 8° 52'43" west crossing the south line of sold JI Haney Survey A•515, some
being the north line of said S. Hulxar Survey, continuing and crossing the most northerly
south line of said I lulmr Survey, same being the north line of the E, Orr Survey A-983,
continuing a total disinnco of 10,111,87 feet to a point for corner;
THP.NCh' south 00 20' 52" west crossing the south line of said E. f1rr Survey, some being
the north lisle of the 0, Myers Survey A•843, continuing and crossing the south line of said
0, Myers Survey, same being the north line of the A Mays Survey A•844, continuing and
crossing the south line of said AI Mays Survey, same being the north line of the D. Davis
Survey A•356, continuing and crossing the south line of said 1). Davis Survey, saute being
the north line of the A Madden Survey A•851, continuing a total distance of 10,00010 feet
to a point for comer;
11-1219CP south 8° 10' S9" east crossing the south line of the A. Madden Survey, some being
most southerly north line of the T. & P. RR. Co, Survey A•1292, continuing and crossing
the east line of said T, & P. RIi, Co, Survey, same being the west line of the j, McDonald
Survey A-873, continuing and crossing the south line of said J, McDonald Survey, some
being the north line of the B.B.B. & G RR, Co, Survey A•176, continuing a total distance
of 10011187 feet to a point for corner;
Tl-IF'NCP south 89° 39' 08" east crossing the east line of said BIB,B, & C, RR, Co, Survey,
same the most westerly line of the J, 1(leiberg Survey A-1610, continuing and crossing the
most southerly east line of said J. KJelberg Survey, same being the west line of the S, Paine
Survey A•1035, continuing a total distance of 2000,0 feet to a point for corner;
THENCE south 01' 20' 52" west a distance of 10000 feet to a point, for corner;
TI IENCP south 89°38' 08" cast crossing the east line of said S. Paine Survey, same being
the west line of the G. West Survey A•1393, continuing a total distance of 4500,0 feet to
a point for corner;
11WNCE north 8° 52' 53" east crossing the north line of said 0, West Survey, same being
the south line of the A. Byerly Survey A.' 458, continuing and crossing the north line of
said A, Byerly Survey, some being the south line of the 1. llembrit; Survey AY594,
continuing and crossing the east line of sold 1, Hembrte Survey, same being the wrest line
of the J, Dalton Survey A•353, continuing and crossing the north line of said J. Dalton
Survey, saute being the most northerly south line of the J, Bacon Survey AY1540,
continuing and crossing the north line of said J, Bacon Survey, some being the south line
of the J. Hardin Survey A•1656, continuing a total distance of 10,211 11,87 feet to the Point
y of Beginning tind containing 247,000,000 square feet of land or 5670,34 acres, • 4
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AP_PUN IIX "a"
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METES AN BOU D DESCRIPTION OP ZONE ONF
ALL that cerlain lot, tract, or parcel of land situated In Denton Couiity, Texas and being T i
part, or all of the following surveys; C3, West Survey A-1393, J. Nelberg Survey A-1610, r
M. Paine Survey A•1036, J• McDonald Survey A•873, A, Byerly Survey A•1458,1. Hembrie
Survey A•594, Wm. Neill Survey A-970, W. Smith Survey A•118% A. Madden Survey A r
t ;
851, T. Tobey Survey A•1285, W Wilburn Survey A•1419, D, Davis Survey A•356, W.
Davis Survey A-377, J• Scott Survey A•1222, Myers and Johnson Survey A•1699, G. Barb {
Survey A•208, W. Bryan Survey A•148, S, Hulzar Survey A•514, and being more i
particularly described as follows;
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COMMNNCING at the centerline of the south end of the City of Denton Municipal Airport
runway as it exists on July 13, 1993, being located In W. Neill Survey A•970;
TI-IFNCE south 0° 20' 52" west a distance of 1500.0 feet;
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`!HENCE south 89°39' 08" east a distance of 1500 feet to the Paint of Beginning, in the a
Wm, Neill Survey A•970;
THENC8 north 0° 20' 52" east crossing the most northerly north line of said Wm, Neill '
Survey, same being the south line of the T. Toby Survey A-1285, continuing and crossing
the north line of said T. Tony ,Survey, same being the south line of the J. Scott Survey A.
1222 and continuing a total distance of 8500.0 feet to a point for corner;
THENCE north 20° 41'23" west crossing the north line of said Scott Survey also being Arn
Christal Road and the south line of the W, Bryan Survey A-148, continuing a total distance '
of 4,178.52 feet to a point near the west line of the W. Bryan Survey and the east line of
the G• Barb Survey, A,208 for cornet;
THENCE north 60° 24' 12" west crossing the west line of said barb survey, same being the
east line of the Myers•Johnson Survey A•1699, continuing and crossing the north line of
`
said Myers-Johnson Survey, same being the south line of sold Barb Survey, continuing and
crossing the north line of said Barb Survey, continuing A total distance of 2865.31 feet to
a point for a corner;
TUIP,NCE south 40° 09' 12" west crossing the north line of said Barb Survey, some being
the south line of the S. Huizar Survey A-514, continuing n total distance of 2343,07 feet
to a point for a corner;
THENCE south 0120'52" west crossing the south line of the Myers-Johnson Survey, same
being the north line of the W. Davis Survey A-3770 continuing and crossing the south line
of the W, Davis Survey, slime being the north line of the D• Davis Survey A•356, continuing
n and crossing the south line of the D, Davis Survey, same being the north lino of the A.
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Madden Survey A•851, continuing and crossing the south line of the A. Madden Garvey,
same being the north line of the J, McDonald Survey A•873, continuing a total distance of
12,500 feet to a point for a comer;
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TINPNCP south 31° 39' 28" east crossing the south line of the J, McDonald Survey, same
being the north line of the J. KJelberg Survey A•1610, continuing and crossing the south
fine of the J.
KJelberg Survey, same tieing I.M. 2499 and the north line of the M, Paine Survey A•1036,
continuing and crossing the cast line of the M, Paine Survey some being the west line of
the G. West Survey A•1393, and continuing a total distanp-? of 6603,79 feet to a point for
a corner;
THENCE, south 89° 39' 08" east a distance of 1000,0 feet to a point for a corner;
1'14PNCP north 9° 39' 28" east crossing the north line of the G, West Survey, same being
P.M. 2499, and the south line of the A. Byerly Survey A•1458, continuing and crossing the
north line of the A, Byerly Survey, same being the south line of the 1, Hembrie Survey
A•594, continuing, and crossing the north line of the 1, Hembrie Survey same being the
south line of the W. Nell Survey A•970, con!k'nuing a total distance of 6181,42 feet to the
Point of Beginning and containing 2031,11 acres of land,
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APPENDIX "C°
NOISE M11TIGA (T ON LA n n
The following standards are Intended to provide for the Insulation of the Interior of R
buildings to an Ldn 45 or less from outside noise levels over Ldn 65, The standards shall E?
be applied to construction of new residential of aolse•senshive commercial uses, and for
reconstruction or remodeling, to existing buildings of the types mentioned above when the
value of the Improvement exceeds 50 percent of the value of the existing structures, The k<
standards, however, shall apply to any addition to an existing residential or noise sensitive
commercial structure. Where noise.sennsitlve activities are carried on in ordy a portion of
new or reconstructed commercial buildings, only those areas judged noise-sensitive need
be protected,
R lQLEUimp,mrS POR NOISES mrnO 11ON
A. Certeral F. '
1, Brick veneer, masonry blocks, or stucco exterior walls shall be constructed l`
airtight. All Joints shall be grouted or caulked airtight.
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2, At the penetration of exterior walls by pipes, ducts, or conduits, the space
between the wall and pipes, ducts, or conduits shall be caulked or filled with
mortar,
3. Window and/or through-the-wall HVAC type units shall not be used,
4. Operational, vented fireplaces shall not be used, ,
i>. All sleeping spaces shall be provided with a sotmd•ahsorbing ceiling and
carpeted floor,
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6. Through-the-wall/door mallboxes shall not be used, ,
11, Exterior Walls !
1. Masonry walls having, a surface weight of at least 40 pounds per square foot do
not require a furred interior wall, 1n areas over 70 Ldn, masonry walls WtIng
a surface weight of at least 75 pounds per square foot do not require a furred
Interior wall, At least one surface of concrete block wall shall be plastered or
painted with heavy "bridging" paint.
2. lutud walls shall be at least four inches in nondnal depth and shall be finished b
a on the outside with siding on sheathing, stucco, or brick veneer,
A. Interior surface of the exterior stud walls shall be of ypsunt board or
plaster at least 1/2-inch thick, installed on the studs, The gypsum board
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or plaster may be fastened rigidly to the studs if the exterior is brick
veneer or stucco, if the exterior Is siding-on-sheathing, the Interior
gypsum board or plaster must be fastened resiliently to the studs,
b, Continuous composition board, plywood, or gypsum board sheathing shall
cover the exterior side of the wall studs behind wood or metal siding.
The sheathing and facing shall weigh at least four pounds per square foot.
C. All edges of the sheathing shall be scaled with resilienr caulking,
d, insulation material at least two inches thick shall be Installed continuously
throughout the cavity space behind the exterior sheathing and between
wall studs, insulation shall be glass fiber or mineral wool.
C. Windows
1, Glass of double-glazed windows shall be used and at least 1/8-Inch thick,
2. Double-glazed windows shall employ fixed sash or efficiently weatherstripped
operable sash, The sash shall be rigid and weatherstripped with material that
is compressed airtight when the window Is closed,
3 Glass of fixed-sash windows shall be sealed in an airtight manner with a
nonhardening sealant, or a soft elastomeric gasket or glazing tape,
4. The perimeter of the window frame shall be sealed airtight to the exterior wall
construction with a resilient sealant i
51 The total area of glass of both windows and exterior doors In sleeping spaces 1
shall not, exceed 20 percent of the floor area,
D. Doors
1, All exterior side-hinged doors shall be solid-core wood or insulated or hollow
metal at least 1,75 inches thick and shall be fully weatherstripped,
2, The glass of double-glazed sllding doors shall be at least 3/16 of an Inch thick
and separated by a minimum 1/24n6 airspace, The frame shall be provided
d with an efficiently airtight weniherstripping material.
3. The perimeter of door frames shall be sealed airtight to the exterior wall
c•~nstruction,
4. Glass in doors shall be set and sealed in an airtight nonhardening sealant, or a
soft elastomerle gasket or glazing tape, a
R. Roofs
1. With an attic or rafter space at least six Inches deep, and with a' eeiling below,
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the roof shall consist of 1/2-inch composition board, plywood, or gypsum board
sheathing topped by roofing as required.
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2, If the underside of the roof Is exposed, or if the tittle or rafter space is less than lr
six inches, the roof construction shall have a surface weight of at least six r
pounds per square foot, except that, in areas over 70 Ldn, the roof construction
shall have a surface weight of at least nine pounds per square foot, Rafters,
joist, or other framing may not be included In the surface weight calculation,
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3. Window or dome skylights shall be double glazed and separated by minimum
1/2-inch airspace, In areas over 70 Ldn, skylights are not permitted,
F. ceilings
L Gypsum board of plaster ceilings at least 1/2-inch thick shall be provided where
required by Section 5,0(A)(5), Ceilings shall be substantially airtight, with
minimum number of penetrations,
2. Glass fiber or mineral wood insulation at least six inches thick shall be provided
above the ceiling between joists,
G. Floors l
1'he floor of the lowest occupied rooms shall be slab on grade, below grade, or over
a fully enclosed basement, All doors and window openings in the fully enclosed
basement shall be tightly fitted,
IL Ventilation
1, A mechanical ventilation system shall be Installed that will provide the
minimum air circulation and fresh air-supply requirements for various uses in
occupied rooms, without need to open any windows, doors, or other openings
to the exterior,
2. Gravity vent openings In the attic shall not exceed code minimum In number
and size, The openings shall be fitted with transfer ducts at least three feet In
length, containing approved internal sound•nbsorbing duct lining, Each duct
shall have a line 90•degece bend iu the duct such that there Is no direct line of
sight from the exterior through the duct into the attic,
3. If a fan Is used for forced ventiladot:, the attic Inlet and discharge openings
shall be fitted with sheet metal transfer ducts of at least 20,gauge steel, which
shall be lined with one-Inch thlck approved duct liner, and °hall be at least five,
feet long with one 90•dcgree bend. In areas over 70 Ldn, the duct lining shall
be at least 10 feet long, »
4, All vent ducts connecting the Interior space to the outdoors, excepting domestic
range and dryer exhaust ducts, shall contain at losta 1046ot length of approved
Internal sound-absorbing duct llning, Each duct shall be provided with a line
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90-degree bend in the duct such that there is no direct line of sight througti the
duct.
5. Duct lining shall be a coated glass fiber duct liner at least one-inch thick,
approved and suitable for the intended use.
6, Domestic range and dryer exhaust ducts connecting the interior space to the
outdoors shall contain a baffle plate across the exterior termination' that allows
proper ventilation, The dimensions of the baffle plate should extend at least
one diameter beyond the line of sight into the vent duct. The baffle plate shall
be of the same material and thickness as the vent duct material and shall have
the same free area as the vent duct,
7, Building heating units with flues or combustion air vents shall be located In a
closet or room closed off from the occupied space by doors,
8. Doors between occupied space and mechanical equipment areas shall be solid.
core wood or 20-gouge steel hollow metal at least 1.75 Inches thick and shall
be fully weatherstripped,
•
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AMINDIX uDi
c1Y1GAT[ON RAEU 7 -AME . 11
t Mond,)
WHERFAS, [full name of property owners(s)), hereinafter callyd the Grantors, as the b
owners In fee of that certain parcel of land sintamed In the City of Denton, more particularly
described as follows;
t'
[full description of property to be covered by easement) a
hereinafter called "Grantors' property," and outlined on the attached map (Exhibit 1);
NOW, THEREFORE, In consideration of the sum of dollars) and other good
and valuable consideration, the receipt and sufficiency of which Is hereby acknowledged,
the Grantors, for themselves, their heirs, administrators, executors, successors, and assigns,
do hereby grant, bargain, sell, and convey unto the City of Denton, hereinafter called the
Grantee, Its successors and assigns, for the use and benefit of the public, an easement and
right of way, appurtenant to the Denton Municipal Airport, for the unobstructed passage
of all aircraft, ("aircraft" being defined for the purposes of this Instrument as any
contrivance now flown or hereafter Invented, used or designed for navigation of or flight
in the, air) by whomsoever owned and operated, [Select one of the following]
1, In the air space above Grantors' property, above an Imaginary plane rising and t
extending In a generally [e,g,, easterly) direction over Grantors' property, said
Imaginary plane runrting from approximately (e,g,, 251 feet mean sea level
above Point A on ExhlbIt I at the rate of one foot vertically for each (e.g., 50]
feet horizontally to approximately [e,g,, 551 feet mean sea level above point B
on Exhibit I, to an Infinite height above said imaginary plane,
2. In the air space Grantors' property above a mean sea level of [e.g,, 150] feel,
to nn Infinite height above said mean sea level of [e,g,, 1501 feet,
together with the right to cause In all air space above the surface of Grantor's property
such noise, vibration, fumes, dust, fuel particles, and all other effects that may be caused
by the opecatlon of aircraft landing at, or taking off from, or operating at or on said
[airport]; and Grantors do hereby waive, remise, and release any right or cause of action
which they may now have or which they may have in the future against Grantee, Its
• successors and assigns, due to such noise, vibration, fumes, dust, and fuel particles that
may cause or may have been caused by the operation of ahreraft landing at, or taking off
from, or operating at the Denton Municipal Airport,
The easement and right-of-way hereby granted includes [he continuing right In the Grantee
to prevent the erection of growth upon Grantors' property of any building, structure, tree,
or other object, [Use the option [hat concurs with the above selection) • •
1, Extending into the air space above the aforesaid Imaginary plane, I
2, Extending Into the air space above said mean sea level of to g,, 1501 feel,
14
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and to remove from said airspace, cr at the $ole option and expense of the (5rantee, as an to light tree, alternative, r obJ mark ect and
upon as obstruction to air navigation, any suchbullding, slructtire,
or other now , or which In the future may be upon, Grantors' property,
together with the right of ingress to, egress from, and passage over Grantors' pmpArty for
the above purpo!ies,
TO HAVE. AND TO HOLD saki easement and right of way, and all rights appertaining
thereto unto the Grantee, Its successors and assigns, until said [airport) shall be abandoned
and shall cease to be used for public airport putIvses,
AND, for the consideration hereinabove set forth, the Grantors, for thetitselves, their heirs,
administrators, executors, successors, and assigns, do hereby agree thaf,for end during the
life of said easement and right•of.way, they will not hereafter erect, peilhlt the erection or
growth of, or permit or suffer to remain upon Grantot's property any building; structure,
tree, or other object extending into the aforesaid prohibited airspace, , And they shall not
hereafter use or permit or stiffer the use of Grantors' re
create electrical Interference with radio comMunlcetlon between Any installat on manner
airport and aircnaft or as p a
to make It difficult I
id
o
and others, of as to impair vidbillty In thevicllWtytof the airport, eor es oth brwise tto
endanger the le.dIng, taking off, or irraneuvering of alrereft, it being understood and
agreed that, the ofuresnid covenant and agreements shall run with the land, [Appropriate
seals and tfgnatures should be added,]
15
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Ria~ Svehla li fCeavt~I -We llirector for
nginoori.ng
planning aAVLkive~opmesit M &iment
CITY OF DPWON _ 215 N. Mdfnney, Denton, Te.ral 96201 (619) $66.6350
DATE; August 24, 1993
TO., Airport Zoning Commission
FROM; Harry N, persaud, Senior Planner
SUSJ cr: Final Reconunendations to be forwarded to the City Council
On July 22, 1993 the Airport Zoning Commission considered the comments received from
the public and gave. staff directions to finalize the Commissions' recommendations
regarding compatible land use and height hazard zoning In the vicinity of the Denton
Municipal Airport, The Commission agreed that the noise contours (65 Ldn) bordering
Zorte One make It difficult for the staff and the public to clearly Identlfy tracts of land
which are located within zone one because the lines meander around the runways, , The
Commission directed staff to "straighten" the outer boundaries of zone One and prepare,
a metes and bounds description,
The map attached shows the outer boundaries of zone One (shaded area) drawn ln'straight
lines as close as possible to the original 65 Ldn lines, A metes and bounds description
of Zone One is attached for your review, If you have any questions or see a problem
with the proposed "'alghrlhnc boundaries, please feel free to call us, if we du not
receive a response from you by September 10, 1993 we will proceed to Include these
boundaries with your recommeadatlona to be forwarded to the City Council tentatively
scheduled for early October,
Harry N, liersaud, Amp
r,H .MW -w4h.•-NA ~ ♦ ♦W M~I/ 41u♦4}LI a ~.1 IY"' ~ l• 1 r
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ZONE 1
ALL that certain lot, traot, or parcel of land situated in Denton
County, Texas and being part, or all of the following surveysl C,
West Survey A-1393, J. Kjelberg SUa.•vey A-1610, M. Paine Survey A-
1036, J. McDonald Survey A-8731 A. 13yorly Survey A-1458, T, Hombrie
Survey A-894, Wm, Nfaill Survey A-970, W. Smith Survey A-1188, A.
Madden Survey A-651, T. Tobey Survey A-1285, W. Wilburn Survey A-
1419, D, Davis Survey A-356, W. Davis Survey A-377, J, Scott Survey
A-1222, Myers and Johnson Survey A-1699, G. Barb Survey A-•2081 W.
Bryan Survey A-148, S, Huizar Survey A-514, and being more
particularly described as follows:
COMMENCING at the centerline of the south and of the City of Denton
Municipal Airport runway as It exists on July 13, 1993, being
located in W. Neill Survey A-970
THENCE south 00 201 5211 went a distance of 1500,0 feet
THENCE south 890 391 0811 east a distance of 1500 feet to the Point
of Beginning, in the Wm, Neill Survey A-970
THENCE north 00 201 520 east crossing the most northerly north line
of said Wm, Neill Survey, same bni.ng the south line of the T, Toby
Survey A-1285, continuing and crossing the north line of said T.'
Toby survey, same being the south line of the J, Scott Survey A-
1222 and continuing a total distance of 8500,0 feet to a point for
corner
THENCE north 200 411 23" west orossing the north line of said Scott
survey also being Jim Christal Road and the south line of the W.
Bryan survey A-1480 continuing a total distance of 4,178,52 feet to
a point near the want line of the W. Bryan Survey and the east line
of the d, Barb Survayr A-208 for corner
THENCE', north 600 241 1241 west crossing the west line of said Barb
survey, same being the east line of the Myers-Johnson Survey A-
16990 continuing and crossing the north 'line of said Mysra-•Johnson
survey, same being the south line of said Barb Survey, continuing
and crossing the north line of said Barb survey, oont.tnuing a total
distance of 2865,31 feet to a point for a corned
THENCE south 400 091 1211 west crossing the north line of said garb
Survey, same being the south line of the S, Huizar Survey A-514,
A continuing a total distance of 2343,07 feet to a point for a
oornerl
THENCE south 00 201 521f west crossing the south line of the Myers-
Johnson Survey, same being the north line of the W. Davis Survey A-
377, continuing and crossing the south line of the W, Davis Survey,
same being the north line of the D. Davis Survey A-3561 continuing
® and orooaing the south line of the D. Davis SurveyI same being the • •
north line of the A. Madden Survey A"6511 continuing and crossing
the south line of the A, Madden Survey, same being the north line
of the it McDonald Survey A-873, continuing a total distance of
120606 feet to a point for a corner
THENCE south 31" 391 2811 east crossing the south line of the it
McDonald Survey, same being the north line of the J, Kjelberg
Survey A-1610, continuing and crossing the south line of the it
• n
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ZONE 1
r Kjelberg Survey, same being FtM, 2499 and the north line of the M.
Paine Survey AW10360 continuing and crossing the east line of the
M. Paine Survey same being the went line of the c34 West Survey A-
1393, and continuing a total distance of 6603479 feet to a point
for a corner)
THENCE south 890 391 0811 east a diotar,ce of 1000.0 feet to a point
for a corner]
THENCE north 94 391 280 east orossing'the north line of the d, West
Survey, same being F,M. 2499, and the mouth line of the A, Byerly
Survey AW1081 continuing and crossing the north line of the As
Byerly Survey, same being the 'south `line of the t, Hembrie Survey
A-594, continuing and crossing the north line of the i, Hembrie
Survey same being the south line of the W, Neil Survey A-970,
continuing a total distance of 61.81,42 fnet to the point of
Beginning and containing 2031,11 acres of land.
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Planning and Devrlopment &liart~t
CrN OF DP.NTON 215 H. Mclonney, oemon, Texas 76201 (417)86683$0
MEMORANDUM
DATE: August 17, 1993
T0. Prank Robbins, Executive Director, Planning and Development
PROM; Harry N. Persaud, Sentor Planner
SUBJECT: Status Report, Airport zoning Commission
The Airport Zoning Commission comprising three members of the planning and zoning
Commission and three memb6rs of the Altport Advisory Board, was appointed by the City
Council to make recommendations regarding compatible land use zoning and helght control
zoning in the vicinity of the Denton Municipal Airport, The Commission convened a series
of work sessions which started in January, 1993 and prepared a preliminary report
summarizing Its findings and providing the basis for Its recommendations, The
Commission held a public hearing on July 15, 1993 and received comments from the public
with regard to the proposed regulations as contained In its preliminary report, At a final
meeting on July 22, 1993 the Commission considered the comments received from the
public and gave staff directions to finalize its recommendations and forward to the City
Council,
1 may mention also that Coffman Associates, the Airport Consultants are In the process of
completing the revised Denton Municipal Airport Master Plan. The revised master plan
will Include Airport Layout Plans (ALP) for the proposed extension of the existing runway
to 7,500 ft and also for the proposed new 10,000 ft runway located west of the'wdsting
51000 ft runway, The Airport Zoning Commission considered these proposals In making Its
recommendations to the City Council, Staff is currently pulling together the final
recommendation and maps for presentation to a City Council study session early October,
• A Planning and Zoning Commission briefing may be scheduled for Into September,
N
Marry N, Persaud, A1CP
i
Rick Svehla
Amaistant City Manager
r
Plaruiing and Develop% r~,t Department
CITY Olr DgN' N ais H, ~aoney i>~,~on, rew 7aso~ teen s6a•erso
DATE: January 7, 1993
P(J
ATO: Airport zoning Conunission
~rti
PROM: Harry N, Persaud, Senior Planner ~rba 15 fvwU P-
i
SUWFCr: .
Meeting #1 • January 20, 1993
The first meeting of the Airport Zoning Commnission has been scheduled for 5:30 pm on
Wednesday January 20, 1993 to be held In the Civil Defintse, Room at City Hall.
We have made arrangements with the City Secretary to have members of the Airport
Zoning Commission sworn in just before the meeting. Please visit with Jennifer Walters
to be sworn in any time before we commence our 5:30 maeting
The agenda for the meeting Is as follows:
1. Review and consider the functions of time Airport ZoMng Commission,
2. Discuss the role of the Staff,
3, Review and discuss a draft work program.
4. Any other business,
If you have nay questions please. feel free to call us.
Harry N. Persnud, AICP
U
Attachments;
1) Chapter 2,,41 of the Local Government Code,
2) L7raft work program.
A W~~1t~47irrOm
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§ 241,001 LOCAL GOVERNMENT CODE
SUBTITLE C, REGULATORY AUTHORI• Seetbn
TY APPLYING TO MORE THAN ONE 241,902. Conflkt of an Airport Compoublet Land Use
TYPE OF LOCAL GOVERNMENT Zonlng ItegoIsWn With Another Regulation,
241.903. Acqut►ilbn of Air Rights or Other Property,
CHAPTER 241, MUNICIPAL. AND COUNTY
ZONING AUTHORITY AROUND AIRPORTS SUBCHAPTER A. OF NERAL PROVISIONS
SUBCHAPTER A. GENERAL PROVISIONS § 241'001' Short Title
This chapter may be cited ss the Airport Zoning
Act
241.001. ShortTillo.
24).002. LegtslsBve Findings, - Acta 1987, loth Leg,,.ch 149, 0 b eff, Sept, 1, 1932
241.003. Defiritk nt. 002, i egEnlotlve F111411111111
24Lo04. Airport Used in interest of Public, 6 241,
241.006. Adoption of Regulation Includes Amendment or The legislature finds that,
Other Change.
(1) an airport hazard endangers the lives and
[Sections 241.000 to 241.010 reserved tot expansion] property of users of the airport and of occupants
of land in the vicinity of the airport;
SUSCHAtvI'ER R, ADOPTION UE' AIRPORT (2) an airport hazard that Is an obstruction
ZONING REOUI.ATIONS reduces the size of the area available fop: the
241.011. Air, A Iratord Area Zoning Regulauone, landing, taking off, and maneuvering of aircraft,
241.012. Airppoosrt Dort tible land flee 'Laning Regula•
Ikn lending to destroy or Impair the utility of the
.
24LO13. Elstraterrltodnl Zonln In Political SUMlVlsions airport and the public Investment In the airport;
With Population of More Than 46,000. (3) the creation of an airport hazard to a public
241.014. Joint Airport Zoning Hoard. nuisance and an Injury to the community served
241.016. Incorporation of Airport /.oning 1togUlntion Into
Compecherelvo Zoning Ordinance, by the al rt affecte4f by lftu hazard;
241.016. Airport Zoning Commission. (4) It is necessary In the Interest of the. public
241.011. l7wodural Limitations Apldying to Adoption of health, public safety, and general welfare to prey _
Zoning Regulations. vent the crealinn of an airport hazard;
241.018. Reasonableness of Airport 74ning Regulations.
241.010. Noncenfotming Uses andSlructures, (6) the creation of en airport hazard should be
241.020, Permllar prevented, to the extent legally possible, by the
lsfcllous 24L021 to 2ti.Wo reserved for expansion] exerelso of the police Power without compemslion; and
StIfICIIAi'rER.C, ADMINISTRATIVE,IURNCY AND (6) (lie prevention of the creation of on airport
BOARD OP ADJUSTMXNT hazard and the elimination, the removal, the alter
24L03I. Adminletretivo Agency ation, the mitigation, ae the marking and 1191hting
241.032. Hoard of AdJuslrnonl. of an airport hazard are public purposes for whlrh
241.033, Authority of Uoard. a political subdivision may false and spend public
2414034. Variances: funds and act{ulro )and or Interests in1And.
241,036. Hazard Marking and Ughllog.
241,030. ApIMsI to IJonrd. Acts 1087, -loth I.ug„ eh. 140, 4 1, off. Sept. 1, 1941
(Sectlona 241.031 to 241.010 reserved for expansln) § 211,003. Definitions
In lhle chapter,
81,18CIIAKEIR D. JUDICIAL. REVIEW AND
OTHER IWINIEiDIEb (1)' Alrporl" means an nrea of land or Water,
publicly or privately owned, designed anti rot
• '!-01.04!, Judi C'oure of Ro,trtl Uedcion,
241.042. Trial b by I'Jurl. aahic for the lending and taking off of aircraft
241.043. Rftectuf Holding of the Court. and umed or to be used In the hiloreat of tho potbc
241.044. Additional Remed[cs. for that pirrpnso. The term Includes an area adh
[sections 241015 to 24UNKI reserved for expao"lon] in4tollatlona relating to flights, including instals
lions,Yacrhtl0% and bases of operations for Crary
VROVItiIONK fns Plights or acquiring data canrnrning fllgh'J.
eUHCl151'CEIi 1113CE;hLryNCOUfi '
Y11"Jul, C "nfilct of an Aiepirt flamed Are:, Zoning Iteg• I'21. "Airport Imznrd" moans a structure or ;b.
® alatim, 1V,lh !.other Regol.40n ]cet of nntimd growth th;it ubxtruels lire nlr SP r
:180 (C • •
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LAND U9F r& RPLATFD ACTIVITIFS
§ 241,U11
land Use required for the taking off, landfnge and flight of
Regulation, aircraft or that Interferes with visual, radar, rn• (13) "Structure" i team an ebjen constructed
a Property, di atln other systems for tracking, acquiring data or Installed by one or morn persons and includes a
g to, monitoring, or controlling alrcrxtt, building, tower, smokestack, and evorhead trans• i
lS10NS (3) "Airport hazard area" means an area of mission line.
land or water on which an airport hazard could Aele
exist: 1987, 70th 1,69,, ch. W, § 1, off, Sept, 1, 1967,
art Zoning (4) "Airport zoning regulation,, ¢ 241'004, Airport AleAns Poehazard area zoning regulation and an all air.
1, 1997. Airport Por Used in inter"( of public
n. com table land use zonin
g used In ltholfn11 sel off t th pntic fq an airport is
adopted
urrder this chapter. if" r
(a) "Ceatorllne- moans a line extending (1) he Owner o the airport, by contract, 16
through conso otherwise, POMIts the ai rt to
the midpoint of each end of a ru by the public to AN extant (hat the arp0ri
j used
ccu slid (o) "Compatible land away, means a use of land an essential communit tu:Blls
occupants adjacent to an airport that (1005 not endanger (2) the airport y purpose; to ~
health, safety, or welfaro of the owners, oeru. oftho state or by the 1311110d Stttres~ for nsklanal
natrucUon Iptnts, or users of the land beeauso of levels Of defeo purposes or (0r 11110 fedora) program re
s tot the NOW, or vibrations or the risk of pereounl fnpnry latIng efouto flight. f aircraft, of the ortheproperty demago crated by the "perali0ns f
0 airport, Including the taking off and land,, SefB 1991, 70th peg„ rh, 109, 4 1, aft. Sept. 1, 1987.
c nirpiort; of shernft.
s a public 17) Controlled cam stable Innd use 1 2411'006' Adoption of Regulation Include,
1y served Wmlefins pm an area of land located outside airarenj,
port Amendment or Other Charge
tdundalica and within a reelangle hounded by A reference In this chppter to the sdoptlor of an
Ile public hoes la:nt0d no farther than ik statuko Inllca airport zoning rogufallon inehldee the amendment,
0 to pia from the lconterline d lines of an Instrument or primary repeal, or other change of n rogulatl. A A refer,
runway nod lines lecatrvl no farther than five once to (he Adoption of an f A V0t 111010n regulation
houhl be statute mills from each Gad of the paved surface five
by the of an instrument or primary run also Encludca the anrendrna',l of an airport zonblg
e, way regulation Gkfeting on the date the paw codified by
I this
ompenea• (g1. "hrstrument runway" means nu existing or 7047, chapier took effrct, v; ht
planned rullwAy Of eh was SePtembor
A at airport feet for which
salter. ee ins defeaso lnnn0nl landfall; Procedure published h
It 19870 TOU+ Iqg„ Ch, 14% t 1, "(f Sept. I, 10,7•
the alter. agoncy of the federal governmm~t or (he Aris
:lighting 0edcrn) Aviation Adtnlnfalration exists
.or which ,tanned. or is ISM10:1s 24EWii to 2,11.Irlo resumed
'rd public (0) "Ohalructlon" means n atrueturc rowlh, fir e+tpansioaj
ud. or other object, lnclurliog n moliiic object, thr;t SIIRCHAI'hF'$ AU01rflit
9a'r. exceeds s Ilmllfng height 0smirllshed by federFi OF AIRPOh'P
n'gulntims nr by nu airport hazard area zoning § 241.011. Airport Ifazard Area l., 11111, Regula•
po) "Political subd""Sinb" rneans n m11rdelpalf thus
water, Y or county, (a) TO prevent tiro creataon of nu alrpol' huzord it
r od .,et 1111 "Primary rumvny" means art exlsllu or Polftfcol subtlivbfon In which tun Airport btzardarea
nircrah phoned PtrvOd runway, as ahowu in the ofliein) Es located may adopt, administer, and 0nfrke
+e public rirps'I layout plan (,ll,p) of fps pollee Vowel', air ort hazard area zounder
a wuh alt 1,200 feet 0a Which s NJAtho,
:r og rexula
of ih~f op. dons for the alrporlphyrsrd area,
u gills- ~rr,;rchos In 1111(1 drImrtures from tho airport oe- 11 _
tr a•k- 1 ' (h) T1in airIlorl hnznt'd. area .011111 _
hr hG I ,i „Ramvay j Inay divid0 ill, airport hainrd area iutogone gv mill for
groans it defined wren of ,ni tvreb ?0"m
r 'n "r an i+lfglx n: its t. i,fa=rnthgth e iundhrp turd
t Ikn Inking ate of I (il spoe~fy the ln rtr
e -
i ales livrrnftte l;
(2) rcK'rlaru the type of nlructnrcr :earl
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§ 241,011 LOCAL GOVE1tNM1')NT CODE
(3) restrict the height of atructurea and objects (c) The airport hazard area zoning regulations or § 21
of natural growth to prevent the creallon of An air rtcompatible land use zoning regulations must (a) I
obstruction to flight operations or air navigation, foe ode a statement that the airport fulfills all es' ado;,
Acts 1981, loth Leg, ch. 149, § 1, off, sell, I, IR97. sandal community purpose, log t
Acts I9g7 90th pkg., ch. 149, ¢ I, eff. Sept I, 100' elan
§ 241.012. Airport Compatible Land Use %On)nK Amended by Acts 1991, '12nd Leg., ell, 08, 6 I, 2, Iff. coral
Regulations Aug, 26, 1991. that
(u) A political subdivision may adopt, Administer, § 241.014, Joint Airpert Uri 44oard zolti
and onforcc, under Its police power, airport compat• (a( A political au edivirslon to whose benefit an (b
Ibbe land use zoning regulations for [lie part of n Airport IS used in the interest of the public or In nrie
controlled compatible land use area located within which an airport, owned or operated by n defense Ilou
(he p,olllictll subdivision If the airport is! Agency of the federal government or the state is (c
(1) used In the interest of the public (o the loeatnd may create a Joint airport zoning board with pori
benefit of the political subilivlsion; or another pclitlenl eubdlviston ht which tin airport sob
(2) located within the political aubtlivisbn and hnznrd area or a controlled compatible land use Area (e
owned or operated by a federal defense agency or relating (o ilia airport is loc"li 'rho political Nub Ilea I
by the state. divislons must act by resohib,11 or ordinance In sha
(b) 'rho political oubdMiion by ordinance or roso, creating the joint board, nee
sub
tattoo may Implement, in conutction with airport (b) 'rho joint airport zoning board has Ilia same
cnmlmilbio land use zonlug regulations, Any federal pnwor to Adopt, Administer, and enforce airport hnx loo
law or rides canirnllbtg the usa of hold ioca(ed tied Aron zoning regulations or Al')aort compatible
adjacent to or to the immediate vicinity of Ibo air. hand use zoning regulations Under this section as ct
port that given n political subdivision by 9ee(toss 241.011 § 2
And 241.012.
(c) 'rile Airport compatible land 1190 ZOldllg NOW
dons unusl include it statement that the airport (c) TIto joint airport zoning board must consist of
fulfills an essenlinl comnnm{ty purpose. two membero Appointed by eaelr of the political or
. t subdivisions eranting the board and, in Addition, a het
Acts 1987, loth Lg„ rh, 119. g t, Off, Sept 1. bun elmhrlnnn elected by a majority of Ou appellate] rat
§ 241,013, iNtraterritittl d '/.oofng in Political memhors, he
.Subdivisions With Populatlon of (d) If an agency of (he state owns and operates
More ThAn 46,000 an Airport loentcd wlthln All airport hnznrd Arta or art,
(a) A political subdivision with a popuioliots of controlled compatible land use area gow;rauid by n the
more then 46,000 In witch sin alpmrt used lit ilia Joint airport zoning board, (he agency Is entitled to bo
IlAereal of the puhlle to the bonilfit of the political have tivo mambeirs on ilia board. p;,
suhdpvlslon is located may Adopt administer; And AM roeL 70th Leg ck 149, 9 4 Off, tielal I, list lr,
enforce,
§ 241.016. lncurpuratlon of Alrpor( 'tuning Red a
h'
(1) airport hnznrd nilmt zotling regulations eppll• i ohillon Into Comprehensive Y.oninif
cable to tin a rporl hnznrd Area relating to the j Ordinance
airport And located oulAlde the political subdivh
slen; and i A political subdivision miry' Incorporrito nit nirport
I zoning regulnt(on lit n eompreheasiou zoning ordi. .v
(2) airport compntibic land use zoning regulu- I Itnnce 111141 adininhslor mid enforce it ut cOrteclton
lions oppllcAMe to a controlled compatible land 1 with the adniluimrAtlon and eofo,Temont of the q 1
use snit relating to the Airport and located out- 1, compmhensive Failing ordinance If'
stile tha miiUc d .,ubdivistatl.
bbl 'plus politlcui stlhrhelsioa has [lit, 111111L. plower ! (I) the two zoning rogufatlur,s apply, in whole i
or in port, to tho same Arent and L
to 111 Opt, All nai alien and VA for( P ntrp+rrt hnznrd (,21 the comprehonove 1011ing urdillnnce ill
arum ronang rap of amps or airport camp atihh la111
oind,•s, among bliss nanllera. it rv:Xulntitaa on OW
and rp
vyp rolaaf ~r•gul Iwex , r this se, to a vs Ill it
g'l r, it utit;rni :ul tit iRlnn h~ ~u'tium. 2,1 opt a,id Ill fight of balding].
!Il.Ol2. .Ic.a !!.7.'01l, (.•F•. ch. lie,
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one or 4 241 018, Airport 7onin § 241,020
must RCo:Mml.~ion aubdlvislon or a Joint
an ea. (a) Bofors an airport zoning regglatloa may he consider, among alherat rt
ngs zoning board shell
adopted, a political subdivision or feint Airport zon•
tss1, Ing board must appoint an airport zoning cornmis• (1
stall, ) the character of the flying opera(lops all.
I
8, ott. If the Po)Jtlcai subd)vieion hits a planning peeled to be conducted at the airport
commission or comprehensive 2ondn f c (2) (110 nature of the terrain irport
that commlaeion may be designated ! F LA port hazard area; within the a
zoning commlasion, u the he airport
character of the nel
in ghl"'Whoed; and
it an (b) Thu commission shall racommond the bouad• (4) (3) the the current and posAR,lo used of the roper.
Ge ntio kn (tona s of for the
these settee ron(o he oatab)19hed and the regula• tY
va to be toned, P
,
lie is (c) The eamm 11,11A 1987, Toth hag., eh. 149, 11, ofl. SepL I, 1987,
with isafon shall make a prelimfnary re" `
port and )!old public hearings on the report before ¢ 213.018. Nontonformin P
rport submitting a flan! report, k Uses and Struetates
area (d) Before the 18th Y h xcoPt as provided by Section 241.036, airport
sub. do before the date of o Toning regulations may not requital
e h hearing under hed Subsection n (c), n
shall be published a otiee of the hearing
Official newspaper o (1) changes in nmtcoafnrming lend use existing
newsppnPer of general efreulat)on In each polit)oo)
r a on the data of he adpptlon of the regulations; ~r
nme subdivision in which the nfrporc hazard area or (2) the removal, )oweriely
,m,. roniro)led compatible or oilier change of n
land uec area to be zourd is strucitre that does not eonforrn to the rogula•
as
tr located lions on lhr data of IMF, adoption, Including all
d
' as Ads 1987, 701h la d phases or olementa of ri multiphase atruclure, f
all L 1, 149, } I, e!f Sept: 1. t982 rcgtadicse of whelher actual construction has
¢ 211.017, Procedural 1jeallelibrts App)ying Io commenceth Lhat received a delernlItatfoa of 11
t of Adoption of 7.oning Hegula Iona hn2anf by the Pedoml Avlntlan Adminlnlrntfo
0 t
ical _ fa) The ipgov port hrg ball}' of o political eubdivlafal under 14 Part 17, before thn regulations
era o We.Fe `
I (rnl airport zouing board ratty not hold n puGlic adopted, 't ~
red heating or take other action conceridug nn air port J
zoning regulation unto It receives the filet report of (J) the removal, l1rowth gthal flora not conform Or other chlinge of
the airport zoning commiasinu, an abJeet of naulral
tus to the raguintlons on Ilia date of thefr ridoptfon; t
jr Itr) rte airprrt. zoning regulatfon may not be or
F. a adoptcu. except by action of the governing burly of {
to the politics) aubdiYielon or a ]flint nhporl zoning I (1) any othtt It'WeeVranee in the continuation of 11
board after a pA41,1 hearing on Lhu matter at wllfeh the e a a dsw o t o of duos their ano(dro,mption, tfurm to ilia regulotl0118 on 11)
Pnrurs in Interr,I trait of{lzens
to he heard Imbe an opPor{unlty Icis 1981 78th Icg., Ch fill. s
.
' > I, off. Sept 1, }tYi, I
'N• (ri hefore the 10Ut day btlroru the tilde of a § 24 L0?0, f'ermils 'I
uc hearing umJer SnbsuutGm fb), twtroe of the hearing (a) Alrpoat zalln l t I
,t rust be published fn all official nax'spuper or it + Permit be ob67'nfhefgulatl0ea MY rcgrefre thnt a Itolitierd n
rr u'spapor of gonOra I cfeeUIaIloil In engh. er or it 1 1J
irtdirisrnn iu whleh tho area to he zoned is located, i (1) a ncly structure Is Coll stroewd!
hrr,l9S7, .nth I'M,, rh. 149, (2) nn ea(etf,n! !
~ q t, ell. Sept t 1987 j F struchtre is substentlally, `
c11.619, Kea sonablertoas of Airport /inning eh(Ai)rrnew rise Is oslsibhmheo; of
Kcgtrlallmts
1n ur rot zonieK re M) an existing osc• is
on 9ubslentialty changed.
1 $ulntiarlr Inner bo Ven~s
h •
,1 anrt u q in,pn+, n .riuirenlPnt or Ibl ~Urport zr hln
restri tian i th n termft h o t t rcgu)athrns Must,ornvido that
d r tyulrelneal or rrstrJlu+• 1 e )taxl from the lraCuuntslrgtive ngeu•
•s,irq tr ,c n (s reasonably c)' rruthorized to nchr IrJehrr and enfercq the rexola• ~ 37
Ir, mere t}~,. purpa~ee of this ehup(rr. , lions before t
! o1111rrr4 ah eh eu'rort tnn'
,f,iL t?l+' K~acrnufyf body OF a J ill nn~y,'unfotnil rg + 1 r-
f rlitlral , truature tn,,s 8e rrpluced;
ra bql~!,. nr ruhtiterlriliNy r_tl ln¢,•rl ,_r revairnil; err
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f 241,020 LOCAL GOVEPNMENT CODE
(2) a nonconforming object of natural growth § 2411)12, ;ioard of Adjuetmtnt
may be roplaced, substantially changed, allowed (e) Airport zoning twgulallons must prov(de foil a ler
to grow higher, or replanted, board of adjustment, rel
(e) A permit may not allow, (b) If a zoning board of appeals or adjustment
(1) the enlabl(6hmonl of an airport hazard; exists, It may be designated as the board of odJuet• Be,
(2) it nonconforming use to be made; moat under thin Chapter. Acts
(3) a nonconforming structure or object of tint. (c) It a toning board of appeals or adJuettnent § 24
Ural growth to become higher than it was at thu goes not exist nr to not designated as the boatel of (n)
time of the adoption of the airport zoning rogola• adjustment under tills chapter, It board of adfusD heigI
tines relating in the nlruclurc or object of na(urnl moat must bo appointed. Tile board trust eo fulst of ob
growth or lit the time of Oho sppl;catioo for the five members to Ire oppuhited for terms of two j
permit; or In v
rl.
(4) a nonconforming atrueturc, Object of rate- yours' m appointing authority may re Mier a apl
board member for eauas on a written charge titter a iron
rnl grow(h, or use to becoo(o it greater hazard to public hearing. A vacancy nn the board shall be '
air navlgation than it was at the time of the fjlled for the unexpired term. (l't
adoption of the airport zoning rogul(ttone feinting nlrpc
to the structure, object of natural Itruwtb, or use (d) The concurring vote of four members of the
or at the time of the App6Yltlon for the hermit. l'oard is necentary to: 1e
(d) F)xcept as providud by Sunsectlun (c , fill nppli• (1) reverso an order, requiremont, dectslon, or cat
cation for a permit ehnB be granted, determination of tho admhdstrmlvo agency;
Arta 1987, loth Leg., ch, 1111, 1 1, elf. Scot. 1, 1487. (2) decide In favor of an applicalrt on a matter i
(Snctons 2•t.021 to 241.U30 reserved on which the Ironed is required to pass under an
for expansion) airport zoning regulation; or
(3) make a vnrinlion In an airport zoning fegu•
SUBMAl'TER C. ADMINISTFIATAIX' AOF)NCP lation.
AND BOARD OF ADJUSTMENT (e) The board shall adopt rules In aecordauce with (c ' `
the ordlri ov reaoiutoo that created it, tiou
§ '241.031. Admhrlslrativr Agency tire(
(a) Airport zorrn(b rejtuiatan lutist provide for the httr nart of and the to other Mmenre s ns bald of the call lcle
the admhdalration and enforcement of the rogula• the toned. m all do;or( by
imst may tiona by on athninfitrative agency. The adntSnistra• adminisler oTheaths eb and renrJal endie or the aUactingendaucc dil n of wi1• y § 2
flue ageacY may bar nd ll
tresses. All henrings of the board ohidl he open to met
(1) an agency created by the regulations; the public. lint]
(2) mt exiating official, bard, or ngcmcj of the (g) The bourd shall keep toinutea of its proceed. elm
political subdivision adopting the regulations; or ings that Indicate thu vdto Of each Member oil each par
(3) nu eximing official, board, or other agency gtmstloh or lho fact that it molnber Is obsent Orr falls
of a political subdivision that participated In the to %ol< The board shall keep reu,rds of Ile a%amh alb
creation of a joint akport zoirinif hoard mloptng meters and Other off(clol'actions. The utinateg and na
the regulations, If satiafinetory I.o that political records shall be filed (mmcdlotely in the lloard'e I uh3 i
A subdivision, ; office and tire prIt a records, lit'(
alr~
(b) T$v adurinlstrative agency may not Lc tips ~ Acts 1081, 400 Len, +h. 14% 1, 1. Of, Sept. 1, 101
board of w1juslment or Include any member of lit( , I
board. § 241.033. Authority of Board
(e7 Tht• arlrninfslratve abS may shalt hrnr Lind do 3
The Gourd of adJuetrneut shell
calla till w,pitcalions for pcr(ulls under Scclfmt
t.e2U, i ill hu(lrand (nnate au appeal, as pruvhed by 21 v,
sectimi,!nI.o.,;6, l ko order, requirenronl, decl rnf•
(dl f)ie oKenu MAY not vXON18e ant of 11" flan aloe nr deterndnatio'( made by the ed!ulnistrnhc,
b oe: d, I vated to the beam of <uljuntme hl. ag,,nw it tbc' enforcement of ,m alrry,nrt r.on(n'i ,
Alt 1.r, 7011, h ch. It. } I, Off. ,t t, 199" YC}!lll r!IUn',
nrar~~e~.r.a.rnr,-~1u,k Y a.v,M rw•.. wLLflYt.,1 . • V
m
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LAND USFJ & RPLA'um ACTIViTIFig § 241,041
(2) hear and decide special exceptions to the (3) the governing body of a political eul>t3(vlefon
subdivision
de for a terms of an airport zoning regulation when the Cr a Joint over toning board lhat, Is the
reKu]ation requires the board to do so; and decision fa tin fmproper application of the airport
unttnont (3) hear and decide spe lfic variances under zoning regulation,
r adjust. Section 241.034, (b) The apt ellant must silo with the board and the
Acts 1987, 70th. leg„ ell. 148, § i, elf. Sep,. 1. 1387. adminlstral(vo agency A notice of appeal specifying
astmont 4 241.094. Variances the grounds for the appeal, The appeal mast W
,oard of filed within x reasonably time as determined by the
xdJuat (A) A person a structure, desires of onset of Increase the rules of the board On receiving the nutlet, the
height of f a s
esfsl of , penult lha Growth of tin administrative agency shall immediately transmJt to
of two abject of rlnturAl growth, or otherwise use property the) Board all the papers Constituting the record of
trove a in vlolAtloa of au rdrport zoning regulation, rainy the action that (a appealed,
after a apply to the board of adjustment for a vnrlanee (c) An Apl/eal Maya all proeeedhim in furtherance
hall be from the regulation. of the action dial, Is APIKAIM unless the odminfstxn•
M The board shall allow a vorhince from an live ngeney cottifies In writing to the board facts
of the airport zoning regulation if: aupporting the agouey'a opinion that a srxy would
(1) a liter+d applleni.ion or anforcamoot of III Cause imminent txrfl to life or property, Ill that
regulntfen would reNUll in practical difficulty or case, Ilse procetdfngs may W stayed enly by An
ion, or unneces+ary' hardship; and orderAf the board, after notice to the Administrative
11 (2) the granting of it,,, relief wnul(I: aKahey, If due cause LN ahown,
nmt(er (A) result In substandal Justice axing done; (d) The board shall Not A reasonable time (or the
(lee An (II) not be contrary to the public interest; Appeal hearing And (hail give public notice of the
and hearing and due notice to Iho pardon in interest, A
regr+' (G) he it, accordance with the spirit of the )'atty ropy Apgar at NO Appeal hearing In person or
regulation And this chapter y Agent or attorney, The board shall decide the
e with (c) The I:osrd may frnt?osn any reasonable Condo Appeal within n reasonable time,
tim on the variance that A considers necessary to (o) Thp beard may rovrrse or affirm, In whole or
7AII aecampliah ills purposes of this chapter. In part, or mill the Administrative ageney'A order,
requirement, deC(afen, or datcrntdnatlon from which
let] by ArIA 1987, 70111 Leg., ch. Sag, § I, elf. Sept. I, 1987,
Y An appeal is IAlten And mako the correct order,
' may { 84L03,t, Nnrard Marking and 1,1ghting rocptfrotnent, declglon, or determination, And
If wit' If (110 admhdstrative !igoney or board of adjust' that pn1)ioso flip board hoe the sa for
me authority as
rem to rnent considers it reasonable in the ci(aurnshuiras Isla arhnfnlstrntivA agency,
and ndvisnhte, to aeeomptie6 the pdrppsas of this A019 1987, 70th lea;, ch 149, eff. SnpA I, 1087, j
§ 1,
,seed chapter, (lie a; amy or bond nta} reryui+e hi n f Seellons 241.037 to 241,040 reserved
each permit or it lalismee granted 1tuda'thfs chapter that for ozpansfoA)
faik theeuner of it structure or object of nalurnl growth
.Carm• 430x the polilfcnl subdivision, at its Atpn Axpenao, to 9UR('IIAI'TEIt l), JUNCIAL RNVIEIV AND
mild Mall. operate, and 1nAlala!r1 on (he'Atrueture or 01111MI RRIUM)1k3
ud5, Ililet of +tatural growth lily mAhkers laid lights
$ 211 Oil Judlefol tovlew of )Decd )acslon
'rnsnry to Indicate to fllors (he pr(aerlcn of au "Finn hazard. u,) A person who Is nggrleved or A (Axpayec who
i I.1, 10?7, 70111 tEiK.. <h. I l9, ,p I, Off. Sl,pr 1, InA7. Is Affected by n daetsion of a Laird of adjustmtiu, !
or the ttoverning holy of nlalitical In+bdl~islon ern I
lI1.rY!0 Appeal to (Nord johd Afrpor( zoning bonrd that bellet'ns n decision of
a d1vo,ino of t),r• administrative ;rgency tnndc it (ward of adjustment is illegal, Maly present to a
m
hl' hmimstrmtoa of an +rleport r,oning regidetiun r court of r"01'd a Verified Petition Itjting that the
uppealat to the 4mrd of adjustmput );y; decision of the board of rrdjustnim is Illegal Ili
la r l rvc. ,ldm r• ! a holm or !n part tad 8peet(ying tl(e greunet of the
K Vd ly Ih+- d(, I•inn iltegolity. She petitimi mast be presttltctl within ID
"Itinyer u6~ It 1fr,::•ted I,y the d,eill,ln; rlws .lfter !a, rlatd. the decision rc Well in the
Lutrd'; oIficl. t; -
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§ 241,041 LOCAL, (,OVPRNhli')NT CODE
coral
ab) on the presentation of the petition, the court (t) Wit chapter, f 0Ht
may grants writ Of certiorari directed to the board (2) an airport zoning regulation adopted by the
lets
of adjustment to rellew the board's decision. Ill Subdivision or hoard; or
Granting of the writ dots not eta the proeeedingR (3) on order or ruling trade in connection with 24
on the decision under appeal, but on application and the administration or nforcement of an airport $
utter notice to the bound the court may grant a zoning regulation adopted by the political suhdlvb lu
restraining order If due cause Is shown, Rion or board. 1 Will
(c) The]murd's return nluat bo verified and must (b) The court shall grant any "list- Including an axle
epoe ugly state any portrnt nt and material facts that Injtmcllon Whleh ma he mandatory, as may be pros
show the grounds of (be decision that IS Appealed. proper under all the facts and eircumstanres of the
Y` The board Is not required to return tine original cage to accompllah the pull of this chapter and tl
documents on which inn hoard acted but may return - the regulsltons adapted and Orders and rulings
certified or sworn copies of thedocument% or parts made under it, u
of (hc documents as provtded by the welt. Acts 1087, Toth Leg., eh. 149, li Sept' I, (9B'f,
Acts I9a7, 70th lag.; ch, 140, 4 I, 4M Scpl, 1, 1087, t
i8ectfonx 24I,045 to 241,900 rexsrved c
§ 241,042, Trial by Coati for expaneionj
(a) The court, Ili All a ! wol from n decision if t. SUBWAPTElt Z.
F I -
s
~
board of adjustment us provided by Saetlou 241,041, MISCKLANh1CUS PROVISIONS
shall try and detormine the case de nuvo on tits
basis of the facts adduced In the trial of the cane in 24L90L Con(llet of an Airport Resold Area f
the court. The court shall Independently rule oil the '/,fi Regulation With Another
facia and the law ns in an ordinary el, 11 suit, Regulation
(n) The court has exclusive j+trisdiction to reverse (a) If an airport hazard area telling regulatiuh
or effirrn, In whole or in part, or modify the decision conflicts with [illy other regulation uppllv:tble to the
thn( is a)ryuunled find, if neeessnry, may order fur. canto area, the more alrfngrnt lioiltatloa or require. 1 u t
(her proccedhlga by the board, meat controls,
(e) Costs may not be assessed ngabtst the boned (b) Subsection (u) applies to nay cooflici with l.e
unless the court dotermines that the board LOM reaped, to tho liclght of n attucture or object of i
with gross negligeaco, In bad faith, or with umiiee In natural growth or any other matter
making its decision, (e) Subsection (n) upplles to any regulation that
,tech Ins7, loth tag., cb. I ln, 11 1, eff, .Sept. I, 1IIR7 conflicla with au airport hazard even zeldag regale-
1011 whstherftile regulatl0n was adopted by the 4
1,011. t~l
§ 2 tha 8. hot Of that no it t+ the Ing political subdivision that uduptld the airport zoning i
the court hut.<Ir tint oirpurl nter(P ,witith with regulation or by another political aubdivlelon,
ilhae usv st. or ortgit enJoylneu menttly of Ya n nno purtliculculur Wildlife w or Acts 198l 'fall, 1ag, es,. 149, § 1, Oil Sept 1, lltxl.
Invest of hind to such an extent that. or Es ao § 231,902. Conflict of Ali Alrtmrt Contpalihls
onceona ill its application to a jmrtkulur structure Land Use Zunldg Regulation With ;
nr parcel of land that, f'+, 'Oplleation of the vellum- .'Another Itegulalion
tion constitutes e UlF elirigation of property t
(o) If nn l irlrnrt conpalille Iand use z0nlog Toga'
in violation of the aL . lend ennstlUtdon lhv Indon emtQlcle it any othee regulation lipplicabla
h0ldlog dines not Al l t., npptieatfon or Ilse regain` to the xnme ;trru, the airport couipntible land use
tlon to toy other shall er parcel of held.
rnuing tegndution eonlro)s. p
=lrfa loci, 7001 Lag.. ei,. t In, § 1, off. 1npt. L 1110. fl,) Subsertlmt (it) applies t? Ong eilltflid .wilt
3 74Lu13. Addillonud tteri rnspeet to the use of land or nn)' other nltdtor
t :A ljohil l snbdiitsion ur joltt uiri,ort ionmy tc) Sohn1ction (n) applbo to ally regulation tin'
Gu[,rd ;utuptiny, airport xnnfoy, requistions Will voopi is with ne nirpor; rt. mpntible land ul;v mmfrw t
I ri tg an anion iu a court of conlpe(cnt jurlrhetum Tel lrtio,u, whether the n,l;uiatuo-wxs fi i,to .Irreeut, rostrnlrt, Nee 1, or abate n vi,dution r,r, um-
Ilpri!icpt ihl!ieir,nl; that ednptod the airpior:
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LAND USE & RELATED AC 1ViTIER § 242,002
adopted b coMWtible land use zoning regulation or by another under Spbchapter A of Chapter 2121 and elhcr
by the political subdlv(slon, statutes applicable to municipalities, and the county
onneetfon Arts 1981, lath Leg,; eh 14!1, 1 1, eft, Sept. 1, 1987. may regulate subdivisions under ; Sections I
t of en vAlh 232.001-232,006 on'1 other Statutes applicable to
airport 1111,003. Aequlelilon of Air Rights or (Aber cuunt(ee, If a micipal regulation conflicts with a 1
olitlcalsubdivi, Property county regulatiounn, the more stringent provisions
(e) A political 3nWIvislon may acquire from a preveI,.
f, fuciudtng as person or other; political sabdivie)on an air right, (d) In an unincorporated eron outside the extra'
Y, ns may be aviation easement, or other estate or interest in territorial Jurladlet)on of a municipality, the munlcl•
Es~chaeM of the pmts rly or in a itmiconfnrining structure or ueo lf: pality may net regulate aubdlvislona or approve the
chapter and (1) the acquisition Is necessary to accomplish filing of plats, except as provided by The Intedoeai
and ruNags the purposes of 11118 chaplor; Cooperation Act (Article 4413(320), Verum's Texas
Sept. 1 (2) the property or nonconforming structure or Civil Statutes),
10.47, use la located within the pohtlcal subdivision, the Acts 1987, loth l.eg„ ch. 140, 1 1, off. Sept. 1, 1081,
ervur) political subdivision nwns the airport, or the iwliti• Amsndod by Acta 1889, 7t9t leg„ ch, 1, 11 46(c), 87(ni,
eal subdivision is served by the airport; and or?. Aug. 28, NO.
(:IXA) lho political subdivlalon desires to re. 3e(lleq 2x4", ct s+rf,
move, lower, or tel'mbm(e the nonconforming §
1.NS
structure or use; 212.602. Regulation of t)uhdivlslons In Coon.
Iles With Yopulalion of More Than
luznrd Area ill) airport zonblg regulations are not suffi' 2,2 Million or Conliguous Counties j
chnit to provide necessary approach protection
It. Another beenuso of constitutional limitations; or (n) This section applies only to n county o1wrating
iC) the acgnlalt(on oru property right Is more Under Secllon 28200(.
t'egulation advisable than au airport ~oning regulation In (b) For Lou area In a municipality's extratorr(lorial
enhlp (o the providing necessury approach protection, Joelviletlon, as defined by Section 212,001, a aubdivl•
or rsquire- (h) An acquisition under thia section may be by slon plat may not be flled with the county clerk
purchase, grant, or contlemlimlon in the manner without the approval or the municipality
afflict tt,Ith provided by Subchapter 13, Chaptcr 21, Property (c) In (he dxlrn(arrhoriel J,Irladlcllon of a munlel•
object of (lode.'
polity, (he municipality has uxclus[ve nuihority to 1
Acts I9s7 10111 IA,>;„.cb 149, t I•ff. Sept. 1, 1x87, regulate subdivisions under Subchapter A of Chap'
IuUon that vt.t'.a.1v l„ nt. ct,.,, 121 nt. I ea stq ter 212' and other statutes applicable (o municipal'
ng regula. ties.
ri by the CIfAl1'pl;H 212, AU'I'if(1RITY OI' ,HUNICIPAI,I•
art 2ona)g 'f Y AND COUNTY TO HHOULATH SURllG (t) In as unlncorporntad area outaidq (he extra.
foil. A 18IONS IN AND (AIT'410P AWNIUIYALl. territorial Jurliallolion of o numieflmhty, the (model.
1, IDtl7 TY'S HSTHA'I`Hl(RIq'(sRl,1I. dUH(SUI(11ON 1 linllty may not regulate sabdivisrons qr approvo (lie
filing of plats, except as prof idol by The Inter)ocai
Suntan Cooperation Act (Article 4 i13f32o1, Vernua's Texns
mpntlble 1'L ant. lt(gnlalla, of Sublhllslnne Yienirally. E Oval Statutes),
inn 14'Elh 112 02, kP4111allon of AuhdnExrms h Counties With
I, potation of .Nt. re Inns kr?ylalion or Ci ntlK. 1 1cis 1987, 70th I.eg., eh. 119, ¢ 1, aft. Sep!- 1, 1987.
uuv+ ('eulfllrr, Aluclhletl by Aet„ 1983, 71st IAq., ch. 1, 119
33 kll. N7fu1,
r>, reglr, ~ ~I rtl. Ulti ?8, 1989
Pia nbfe 5 212,091. Reguiutlon of Subdl%'lsinns (;cnernll5 ran a;!(Ag rt .,.1,
n,I use' 111) T ilk s, [lion ifppi(os only Io a romx,; operating
j undo"8vvIion„ 2,1`2,991-Lt20U,;. CIIAf°I't!R 20. ,MCNIC11'AI.ANtI COUN'I11'
utl Ibt Ivor an area in a n,unlcip:ahty'- ,•.etnltrrrihlrial AUTUQRITV'rti RHGt I ,t ft. KItS'(f,tLLY
:,[tor. , •iullrth? I. 1I,I define,l 1,1tiu',tiun to rnal, n td at OR11,41STH11 ill'SI\I:SS
r
r,,, mlt' I~nt )n IiIC, s,ith nha euul•.ls ci I lclthn~.l9 11n• "vvtlon
1 1 Pe""' ui l u . t i ; O I L - IR Illi al'6 1(\ ;ILd (lie e,lefltl, It'l A r ur
1..(.. F tf [ ul,u r Lec!il:,b l r,rot
!n `1k, rrt rl!^ 'JN.I x)!„Infilrl
s- IR if :•if l It rllul, I.f,trr{ , I.. ttl l .fA r. rt. ~ :II Irf Ji'.p m t ,t•~C, ,l,llcr. r.., I 0
p; t
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AIRPORT ZONING COMMISSION
DRA I' WORSE PROGRAM ii
ITEM NO, A01TVI71E6
~ w DATE COMMENT
1 10 meeting Airport ZwIng Commisslon an 20, 1993
2 eating whh Koffman Asnoclates eb 3, J993
3 meeting Alrpod Zoning Commissk) n kprO 21, 1993
Review Dfofl Regulmins `
4 d meeting Akporl zoning 0ommlesion May 6, 1993
Review Draft Regulations
5 th ft*ting Airport Zoning Commisslon May 19, 1993
-Review Draft Regulations
e 5th meeting Airpon Zoning Commission June 2, 1993
Rovk,w Draft Regulatiuns
7 th meeting Airport Zoning Commi"Jon une 19, 1993
Review (raft Regulations: Publlo HE1grings
8 meeting Airport Zoning Commission my 7, 1993
%View graft kgplatlons; Publl4 Hearings
9 .egal Dept Reviews Draft Regulations my 14,1993
10 ork Session Alrpom hoard my 14, 1993
11 Work Session Planning and Toning Commismon uiy2e, 1993
12 ftvfty Council Work Session ~gn lst 3,1093
13 _ R Council PutA1o Hoar&ig~___ ! L7118~3
DATE REVISED;
01/04/93
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WrYoI DENroN, m48 MUNICIPAL BU1LDiNO / DIWWN, TEXAS 18201 / TELEPHONE (817) 668.8007
Oflfoo of the City Maneper
M E M 0 H A N D U M
TO; Lloyd V, Harrell, City Manager
FROM: Rick Svehla, Deputy City Manager
DATE; June ill 1991
SUBJRCT, Airport Zoning Commission
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On April 17, 1991 the planning & zoning Commission and the
Airport Board met to discuss and review the airport height and
zoning legislation, in the late 19801x, legislation was passed
to allow cities over 50,000 to oontroL more area around
airports. Since we now have the census data that makes us
officially a city over 50,000, we would be able to do this, As
Council was advised previously, that entails forming an Airport
zoning Commission to make recommendations to them. In the
past, those boards always had planning & Zoning and Airport
Board representation. Also in r,h) past, they've had some
County representation, The new legislation allows that to
change, At their joint meeting, the Airport Board and planning
& zoning commission suggested that this joint commission should
be made up of three members or thePlanning & Zoning Commission
and throe members of the Airport Board.
After consultation with the Attorney's office, Planning &
Zoning suggested names for its three members. The Airport
Board initially decided to wait, However, at a subsequent
board meeting, they have also discuslled potential members. It
is my understanding that the Council ultimately will select
those members, however, both bodies wanted to give the Council
some indication of the members that would be willing to serve,
The board has recommended dsorge dilkeson, Allis Miller and
Rick Woolfolk, This review will be quite lengthy and it will
take a number of meetings with long sessions, Therefore, I
believe the Board and Commission felt that they should give the
Council some indication of who has the time and would be able
p to serve. • O
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Riok Svehla
Airport zoning Commission
Page 2
If you or the Council has any further questions, I 'wiii be
happy to answer them.
Rick"sve la
Deputy City manager
Rs:ob
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