1994-156A ORDINANCE NO. q ~- /~:~/z~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 35
'ZONING' OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE X
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; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE
DENTON MUNICIPAL AIRPORT ZONING MAP; PROVIDING FOR ENFORCE-
MENT; INCLUDING A PROVISION ON SEVERABILITY; IMPOSING PENALTIES
FOR VIOLATIONS AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Airport Zoning Commission held a public hearing on July 15, 1993
on the proposed regulations for airport height hazard and compatible land use zoning in the
vicinity of the Denton Municipal Airport, for which notice was given as required by law and
all interested parties had an opportunity to speak; and
WHEREAS~ the Planning and Zoning Commission held a public hearing on July 13,
1994 with regard to the proposed regulations for height control and compatible land use
zoning in the vicinity of the Denton Municipal Airport and made a final recommendation
to the City Council; and
WHEREAS, the City of Denton has adopted an Airport Layout Plan (ALP) which
provides for the extension of the existing runway to 7,500 feet and another 5,000 runway
lying 700 feet west of and parallel to the existing runway; and
WHEREAS, the City of Denton desires to preserve the potential for expansion of
the Denton Municipal Airport to accommodate future runway facilities up to 8,000 feet in
length and lying 2,500 feet west of and parallel to the existing runway; and
WHEREAS, state and federal law authorize the City to adopt zoning regulations that
prevent establishment of airport hazards and incompatible land uses; and
WHEREAS, the airport zoning regulations herein contained are consistent with and
implement the height hazard and compatible land use objectives for the existing and planned
runways mentioned in this preamble; and
WHEREAS, the potential for establishment of obstructions to air navigation exists
in the City's extraterritorial jurisdiction; and
WHEREAS, the City Council held a public hearing on September 13, 1994 regarding
the proposed regulations and finds that it is necessary to the essential community purpose
served by the Denton Municipal Airport to extend height hazard and land use compatibility
zoning controls to the City's extraterritorial jurisdiction in accordance with Tex. Loc. Gov't
Code Section 241.013; and
WHEREAS, based on the recommendations of the Airport Zoning Commission, the
Planning and Zoning Commission and its own review and discussion, the City Council makes
the following findings with regard to height hazard and compatible land use zoning in the
vicinity of the Denton Municipal Airport:
(1) That the creation or establishment of an airport hazard endangers lives and
property of the users of the airport and of residents and occupants of the land in the vicinity
of the airport;
(2) That the encroachment of noise sensitive or otherwise incompatible land uses
within certain areas set forth herein below may endanger the health, safety, and welfare of
the owners, occupants, or users of land;
(3) That it is necessary in the interest of the public health, public safety, and general
welfare to limit the creation, establishment or growth of structures or natural objects that
obstruct the air space required for the taking off, landing and flight of aircraft, or that
interferes with visual, radar, radio or other systems for tracking, acquiring data relating to,
monitoring or controlling aircraft;
(4) That the prevention of these obstructions and land use conflicts should be
accomplished, to the extent legally possible, by the exercise of the police power without
compensation;
(5) That the Denton Municipal Airport fulfills an essential community purpose; and
(6) That the prevention of the creation or establishment of hazards to air navigation;
the elimination, removal, alteration, or mitigation of hazards to air navigation; the marking
and lighting of obstructions, and the preventing of incompatible land uses on properties in
the vicinity of the Denton Municipal Airport are public purposes for which the City of
Denton may raise and expend public funds and acquire land or interest in land; NOW,
THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Zoning Ordinance, Chapter 35, of the Code of Ordinances is
amended by adding a new article X to read as follows:
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ARTICLE X: DENTON MUNICIPAL AIRPORT ZONING REGULATIONS
35-400 Purpose and Intent
35-401 Definitions
35-402 Nature and Effect of Regulations
35-403 Airport Height Hazard District
35-404 Airport Compatibility Land Use District
35-405 Subdistrict ACLUD-1 Regulations
35-406 Subdistrict ACLUD-2 Regulations
35-407 Administration
35-408 Non-conformities
35-409 Variances
35-410 Board of Adjustment
Appendices A through C
Section 35-400. Purpose and Intent
It is the purpose and intent of this article to regulate and restrict the height of
structures and objects of natural growth and the use of property in the vicinity of the Denton
Municipal Airport. The regulations are intended to prevent the encroachment of noise
sensitive or otherwise incompatible land uses which may endanger the health, safety, and
welfare of the owners, occupants, or users of the land to prevent the creation or
establishment of obstructions that are a hazard to air navigation. The regulations also are
intended to implement state and federal rules pertaining to the regulation of land uses in
the vicinity of airports.
Section 35-401. Definitions
The following words, terms or phrases, when used in this article, shall have the
meanings attached to them in this Section:
(1) Airport means the Denton Municipal Airport.
(2) Airport hazard means any structure or object of natural growth, or use of land,
which obstructs the air space required for the taking off, landing and flight of aircraft, or that
interferes with the visual, radar, radio or other systems for tracking, acquiring data relating
to, monitoring or controlling aircraft.
(3) Approach surface means a surface longitudinally centered on the extended
runway centerline and extending outward and upward from each end of the primary surface.
An approach surface is applied to each end of each runway based upon the type of
approach available or planned for that runway end.
(4) Board of Adjustment or Board means the Airport Board of Adjustment.
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(5) Conical surface means a surface which extends outward and upward from the
periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.
(6) Director means the Executive Director for Planning and Development for the
City of Denton, or his designee.
(7) Height means, for the purpose of determining height limitations in all zones
established in this article and shown on the zoning map, the vertical distance of an object
above mean sea level elevation unless otherwise specified.
(8) Horizontal surface means a horizontal plane 150 feet above the established
airport elevation of, 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 17L-35R and 17R-35L
of the airport, and connecting the adjacent arcs by lines tangent to those arcs.
(9) Nonconforming use or structure means any pre-existing use or structure,
including an object of natural growth, which is inconsistent with the provisions of this article.
(10) Obstruction means any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth in Section 35-403 of this article.
(11) Person means an individual, firm, partnership, corporation, company
associations, joint stock association or body politic and includes a trustee, receiver, assignee,
administrator, executor, guardian or other representative.
(12) Political subdivision means any municipality or county.
(13) Precision Instrument Runway means 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.
(14) Primary Surface means 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
elevation of any point on the primary surface is the same as the elevation of the nearest
point on the runway centerline.
(15) Runway means a defined area in an airport for landing and take-off of aircraft
along its length.
(16) Transitional Surface means a surface extending outward and upward at right
angles to the runway centerline at a slope of 7:1 from the sides of the primary surface and
from the sides of the approach surface. Transitional surfaces for those portions of the
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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.
Section 35-402. Nature and Effect of Regulations
(a) Generally. This article shall be known as the Denton Airport Zoning
Regulations. Regulations addressing airport compatible land uses generally are applicable
within an area located outside the airport boundaries and within a rectangle bounded by
lines located no farther than one and one-half (1.5) statute miles from the centerline of an
instrument or primary runway and no farther than five (5) statute miles from each end of
the paved surface of precision instrument runways.
(b) Inside Ci_ty Limits. The Airport Zoning Regulations impose two types of
overlay zoning districts inside City limits that combine with existing and future zoning district
regulations. The first type of overlay zoning district, delineated in Appendix A, establishes
height limitations on structures and natural objects within an area generally traversed by the
flight tracks of aircraft using the Denton Municipal Airport. This type of overlay zoning
district shall be known as the Airport Height Hazard District (AHHD). The second type
of overlay zoning district, delineated in Appendix B, establishes land use compatibility
regulations that prohibit certain types of land uses and that impose performance standards
on other land uses that potentially are subject to noise impacts from aircraft operation in
the vicinity of the airport. This type of overlay zoning district shall be known as the Airport
Compatibility Land Use District (ACLUD).
(c) Regulations in Extraterritorial Jurisdiction. This article applies to lands lying
within the City's extraterritorial jurisdiction ("ETJ")as well as to lands within City boundaries.
For properties in the ETJ, the Airport Height Hazard District and the Airport Compatibility
Land Use District regulations constitute zoning district regulations that shall be administered
through the permit system established by this article.
(d) Applicability and Conflict With Other Laws and Regulations. Except as
otherwise expressly provided herein to the contrary, the regulations established in this article
shall apply in addition to those regulations and standards applicable to the use of land and
structures which are made applicable by the City of Denton's zoning or other development
regulations or those of any other political subdivision. Where there exists a conflict between
any standard, restriction, limitation, requirement or regulation prescribed by this article and
any other applicable regulation, the provisions of this article shall govern and prevail;
provided that the more stringent limitation or requirement shall control in the event of a
conflict with respect to the height of a structure or object of natural growth. In the event
of a conflict between the requirements of this ordinance and any provision of state law,
state law requirements shall prevail.
(e) General Prohibition on Airport Hazards. Notwithstanding any other provisions
of this article, no person shall use land or water within any zone established by this
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ordinance 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 other lighting; 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 maneuvering of
aircraft intending to use the airport.
(f) Split Parcels. When a parcel of land lies within more than one airport zoning
subdistrict, or only a portion lies within an airport zoning district, the provisions of the most
restrictive regulations apply to the use of land and structures for the entire parcel, except
when:
(1) it is determined by the Director that a structure is located within a
single airport zoning subdistrict, then the provisions of that subdistrict shall apply to such
structure; or
(2) it is determined by the Director that a structure is located outside any
airport zoning district, then the provisions of the standard zoning district in which the
structure is located shall apply.
(g) Federal Standards. Consistent with Tex. Loc. Gov't Code Section 241.012, it
is the intent of this Section that federal laws or rules controlling the use of land located
adjacent to or in the immediate vicinity of an airport, as they may be amended from time
to time, that impose more stringent limitations than are imposed under provisions herein set
forth, shall be applied to any permit application submitted under this article until such time
as the City is able to conform its airport zoning regulations to such law or rules.
35-403. Airport Height Hazard District
(a) District Established. There is hereby established an Airport Height Hazard
District (AHHD) within that area lying beneath the Approach Surfaces, Transitional
Surfaces, Horizontal Surface and Conical Surface of the Denton Municipal Airport. The
AHHD consists of the following subdistricts, which are depicted on a map prepared by
Coffman & Associates, a copy of which appear as Appendix A attached hereto and
incorporated by reference herein and which constitutes the zoning map for the district.
(b) Subdistrict Descriptions. The AHHD consists of the following subdistricts,
that are described by reference to definitions, rules, restrictions and regulations, as may be
amended from time to time, by the Federal Aviation Administration ("FAA"), as follows:
(1) Approach Zones. Approach Zones for runways 17L-35R and 17R-35L
hereby are established beneath the approach surfaces at each runway end on the Denton
Municipal Precision Instrument Airport for landings and takeoffs. The inner edge of the
approach zone shall have a width of 1000 feet which coincides with the width of the primary
surface at a distance of 200 feet beyond each end of each runway, widening thereafter
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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.
(2) Transitional Zones. Transition zones hereby are established beneath
the transition surface adjacent to runways 17L-35R and 17R-35L, and to each 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.
(3) Horizontal Zone. The horizontal zone hereby is established at the area
beneath the horizontal surface of the airport.
(4) Conical Zone. The conical zone hereby is established as the area
beneath the conical surface of the airport.
(c) Height Limitations. Except as otherwise provided in this article, no person
shall erect, alter or maintain a structure, and no person shall allow a tree or other natural
object to grow in excess of the applicable height limitations established herein for each
Airport Height Hazard Subdistrict.
(1) Approach Zones. For runways 17L-35R and 17R-35L:
(i) beginning at the end of and at the elevation of the primary
surface, one foot (1') in height for each fifty feet (50') in
horizontal distance; and
(ii) beginning at a point 10,000 feet from the end of the primary
surface and extending an additional 40,000 feet along the
extended runway centerline, one foot (1') in height for each
forty feet (40') in horizontal distance.
(2) Transitional Zones.
(i) 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 (660 feet above
mean sea level), one foot (1') in height for every seven feet (7')
in horizontal distance;
(ii) beginning at the sides of and at the same elevation as the
approach surfaces, and extending to where they intersect the
conical surface, one foot (1') in height for every seven feet (1')
in horizontal distance; and
(iii) where the precision instrument runway approach zone projects
beyond the conical zone, and beginning at the sides of and at
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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, one foot (1') in height for
every seven feet (1') in horizontal distance.
(3) Horizontal Zone. Within the horizontal zone, 150 feet in height above
the airport elevation, or a height of 810 feet above mean sea level.
(4) Conical Zone. From the periphery of the horizontal zone and at
heights between 150 and 350 feet above the airport elevation, one foot (1') in height for
every twenty feet (20') in horizontal distance.
Section 35-404. Airport Compatibility Land Use District
(a) District Established. There is hereby established an Airport Compatibility
Land Use District (ACLUD), consisting of two subdistricts (ACLUD-1 and ACLUD-2), the
boundaries of which are shown on the Airport Compatibility Land Use District map, a copy
of which appears as Appendix B, which is attached hereto and incorporated by reference
herein, and which constitutes the zoning map for the district.
(b) Prohibited Uses in Airport Compatibility Land Use District. The following
uses are prohibited within the Airport Compatibility Land Use District:
(1) Educational Uses. Ail educational uses, including but not limited to,
public and private schools, kindergartens, and child care facilities, colleges and universities,
and vocational schools, are prohibited within the ACLUD; provided, however, that the
following educational facilities are permitted within the district:
(i) schools for flight instruction or for vocations associated with the
airport, airplanes or aviation related activities; and
(ii) 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 and which is not the
primary business of such entity.
(2) Health care facilities. Health care facilities, including specifically
hospitals, nursing homes, institutions or any other facilities providing convalescent or
rehabilitative care; establishments for the care, treatment or rehabilitation of alcoholic,
narcotic or psychiatric patients; residence homes for the aged; and institutions, homes or
rehabilitation centers for persons convicted of crimes are prohibited within the ACLUD;
provided, however that the following health care and other facilities are permitted within the
district:
(i) medical, dental or optical clinics for the examination,
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consultation or treatment of patients as out patients;
(ii) medical laboratories;
(iii) establishments for the sale or rental of or industrial facilities for
the manufacture of medical or optical supplies and equipment;
(iv) pharmacies, veterinarian clinics and related facilities; and
(v) public safety or emergency medical facilities operated by or in
connection with the Airport.
Section 35-405. Subdistriet ACLUD-1 Regulations
The following regulations apply within the ACLUD-1 Subdistrict:
(a) Compatible Land Uses. All land uses allowed within the underlying zoning
district or, within the ET J, any land use not otherwise prohibited by this article, is allowed
within the ACLUD-1 Subdistrict, except for new residential uses, which are expressly
prohibited.
(b) Non-conforming Residential Uses. Any residential structure that was
established prior to the effective date of this article may not be reestablished or
reconstructed except in accordance with the provisions of Section 35-408.
(c) Noise Mitigation Standards. Any residential structure that was established
prior to the effective date of this article and that is permitted to be repaired, rebuilt or
remodeled in accordance with the provisions of Section 35-408 shall be repaired, rebuilt or
remodeled in compliance with the noise mitigation standards set forth in Appendix C of this
article and incorporated by reference herein.
Section 35-406. Subdistrict ACLUD-2 Regulations
(a) Compatible Land Uses. All land uses allowed within the underlying zoning
district or, within the ET J, any land use not otherwise prohibited by this article, are allowed
within the ACLUD-2 Subdistrict.
(b) Performance Standards for Residential Uses. Property owners who propose
to construct a new residential building, or who propose to repair, rebuild or remodel an
existing residential structure within the boundaries of the district, must do one of the
following:
(1) Noise Mitigation Standards. Construct, repair, rebuild or remodel the
residential structure in accordance with the noise mitigation standards in Appendix C; or
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(2) ~ Easement. Execute an avigation easement, approved as to
form by the City Attorney, conveying to the City of Denton an unobstructed right-of-way
for the passage of all aircraft and rights to cause within such easement such noise, vibration,
fumes, dust, fuel particles and all other effects that may be caused by the operating or
aircraft landing at, taking off from, or operating at, the Denton Municipal Airport.
Section 35.407. Administration
(a) Des~ted Official. The Executive Director for Planning and Development
(Director) for the City of Denton, or his designee, shall be the official responsible for
administration of the Airport Zoning Regulations.
(b) Permit Required--New Uses. Except as specifically provided otherwise in this
article, no person shall make a material change in the use of land, and no person shall erect,
establish, or allow to be erected or otherwise established any structure, and no person shall
plant or allow to be planted any natural object in any zoning district hereby created unless
a permit for such use, structure, or plant has been granted by the Director applying
regulations established in this article. No permit for use inconsistent with the provisions of
this article shall be granted unless a variance has been approved in accordance with Section
35-409.
(c) Permit Required--Change in Existing Use. A person shall apply to the
Director for a permit for any substantial repair of an existing structure, or replacement
thereof, or substantial change in existing use, in order to determine compliance with the
requirements of this article. No permit shall be granted that would allow a nonconforming
use, structure or tree to be more or become higher, or become a greater hazard to air
navigation, than it was on the effective date of this ordinance or any amendments thereto
or than it is when the application for a permit is made.
(d) Application and Decision. Each application for a permit shall be submitted
to the Director upon a form published for that purpose. The application shall indicate the
purpose for which the permit is desired, with sufficient particularity to permit the Director
to determine whether the resulting use, structure, or natural object would conform to the
regulations herein prescribed. The Director shall promptly review and grant or deny
applications required by this ordinance to be submitted to the Director. If the application
meets the standards in this article, the application shall be granted. Applications for
variances shall be made to the Board of Adjustment by first filing said application for
variance with the Director who shall forthwith transmit said application to the Board of
Adjustment for determination.
(e) Exceptions. No permit is required for the following uses:
(i) In the area lying within the limits of the horizontal zone and conical
zone, any natural object or structure less than 75' of vertical height
above the ground, except when, because of terrain, land contour, or
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topographic features, such object or structure would extend above the
height limits prescribed for such zones.
(ii) In areas lying within the limits of the approach zones, but at a
horizontal distance of not less than 4,200' from each end of the runway,
any natural object or structure less than 75' of vertical height above the
ground, except when such object or structure would extend above the
height limit prescribed for such approach zones.
(iii) Nothing contained in any of the foregoing exceptions shall be construed
as permitting or intending to permit any construction, or alteration of
any structure, or growth of any natural object in excess of any of the
height limits established by this ordinance.
(f) .Enforcement. It shall be the duty of the Director to administer and enforce
the regulations prescribed herein.
Section 35.408. Non.conformities
(a) Regulations Not Retroactive. The regulations prescribed by this article shall
not be construed to require the removal, lowering, or other change or alteration of any
structure or natural object not conforming to the regulations as of the effective date of this
ordinance, 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, for which a complete application was accepted for filing prior to the effective
date of this ordinance, which is consistent with existing regulations and for which
construction is diligently pursued.
(b) Markin~ Notwithstanding the preceding provision of this
Section, the owner of any nonconforming structure or area is hereby required to permit the
installation, operation, and maintenance hereon of such markers and lights as shall be
deemed necessary by the Director, in order 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 or the FAA.
(c) Nonconforming Uses Abandoned or Destroyed and Applicability of Other
Regulations. Whenever the Director determines that a nonconforming structure or natural
object within the area subject to this article has been abandoned or more than 50 percent
torn down, physically deteriorated, or decayed, no permit shall be granted that would allow
such structure or natural object to exceed the applicable heights limit or otherwise deviate
from the zoning regulations of this Chapter. In all other cases, the continuation, repair,
reconstruction or remodeling of non-conforming uses or structures shall be governed by
Section 35-13 of Chapter 35 of the City Code of Ordinances; provided, however, the
Director shall apply the standards in this article.
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Section 35.409. Variances
(a) Application for Variance. Any person desiring to erect or increase the height
of any structure, or permit the growth of any natural object, or use his property, in violation
of the Airport Zoning Regulations prescribed in this article, shall first apply to the Board
of Adjustment for variance from such regulations. 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.
(b) Criteria. Such variances shall be allowed where it is duly found that:
(1) a literal application or enforcement of the regulations will result in a
practical difficulty or unnecessary hardship; and
(2) the relief granted would not be contrary to the public interest, but do
substantial justice, and be in accordance with the spirit of this
ordinance.
(c) Conditions. The Board may impose any reasonable conditions on the
variance that it considers necessary to accomplish the purposes of this article.
(d) Procedures. The Board of Adjustment shall consider the variance application
at a public hearing in accordance with its regular procedures.
Section 35.410. Board of Adjustment
(a) Appointment of Board and Powers. The City's existing Board of Adjustment,
as constituted under article II of Chapter 35 of the City of Denton Code of Ordinances, and
as may be reconstituted from time to time, hereby is designated as the Airport Board of
Zoning Adjustment to have and exercise the following powers:
(1) To hear and decide appeals from any order, requirement, decision, or
determination made by the Director in the administration of this
article;
(2) To hear and decide such special exceptions as the Board may be
required expressly to pass upon under the terms of this article; and
(3) To hear and decide specific variances pursuant to Section 35-409.
(b) Composition, Procedures and Rules. The Airport Board of Adjustment shall
be constituted and shall govern itself in the same manner as provided for the Board of
Adjustment under article II of Chapter 35 of the City of Denton Code of Ordinances,
except as expressly provided otherwise in this article.
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(c) Findings. 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 provision of this ordinance.
(d) Decision. The concurring vote of four members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision, or determination of the
Director or to decide in favor of the applicant on any matter upon which it is required to
pass under this ordinance, or to effect any variation in this ordinance.
(e) Appeals.
(1) A decision of the Director in administering the Airport Zoning
Regulations may be appealed by:
(i) any person who is aggrieved by the decision;
(ii) a taxpayer who is affected by the decision; or
(iii) the governing body of a political subdivision, including the City
Council of Denton, Texas
(2) Ail appeals hereunder must be taken within a reasonable time as
provided by the rules of the Board of Adjustment, by filing with the Director a notice of
appeals specifying the grounds thereof. The Director 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 Director certifies to the Board of Adjustment, after the notice of
appeals has been filed with it, that by reason of the facts stated in the certificate, a stay
would, in the opinion of the Director 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
Director 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. At the hearing any party may appear in person or by agent or by
attorney.
(5) The Board of Adjustment may in conformity with the provisions of this
ordinance reverse or affirm, in whole or in part, or modify the order, requirement, decision
or determination appealed from and may make such order requirement, decision or
determination, as may be appropriate under the circumstances.
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Appendices
The following appendices hereby are made a part of this article by reference:
Appendix A: Map of Airport Height Hazard District
Appendix B: Map of Airport Compatibility Land Use Subdistricts
Appendix C: Noise Mitigation Standards
SECTION II. That the City's official zoning map is amended to show the change in
zoning district classification in accordance with the metes and bounds descriptions appearing
as Exhibits A through C, which are attached hereto and incorporated by reference herein,
as depicted in Appendix B of Article X, Chapter 35, of the City Code of Ordinances, and
in accordance with the descriptions of the Airport Height Hazard Subdistricts contained in
Article X, Chapter 35, Section 35-403, of the City Code of Ordinances and as depicted in
Appendix A thereof, as established by Section I of this ordinance.
Exhibit A: Metes and Bounds Description, Airport Compatibility Land Use
District
Exhibit B: Metes and Bounds Description, Airport Compatibility Land Use
Subdistriet 1
Exhibit C: Metes and Bounds Description, Airport Compatibility Land use
Subdistrict 2
SECTION III. That if any provision of this ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications, and to this end the provisions of this ordinance are severable.
SECTION IV. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this
ordinance is violated shall constitute a separate and distinct offense.
SECTION V. That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of
the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ~'~ay of ~~., 1994.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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