1981-001AN ORDER REGULATING AND RESTRICTING THE ~EIGHT OF STRUCTURES
AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE
OF PROPERTY IN THE VICINITY OF THE DENTON MUNICIPAL AIRPORT BY
CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES
tHEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND
BOUNDARIES OF SUCH ZONES, DEFINING CERTAIN TERMS USED HEREIN,
REFERRING TO THE DENTON MUNICIPAL AIRPORT ZONING MAP WHICH IS
INCORPORATED IN AND MADE A PART OF THIS ORDINANCE, PROVIDING
FOR ENFORCEMENT, ESTABLISHING A BOARD OF ADJUSTMENT, AND
IMPOSING PENALTIES
Thls order is adopted pursuant to the authority conferred
by the Airport Zonlng Act, as amended, Tex Rev Clv Stat Ann
Article 46e-1 et seq (1969)
It is hereby found that an obstruction has the potential
fo[ end,angering the l~ves and property of users of the Denton
MunIcipal Airport, and property or occupants of land in its
v~c~n~ty, that an obstruction may affect ex~st~ng and future
instrument approach mln~mums of Denton Municipal A~rport, and
that an obstruction may reduce the size of areas available for
the landing, takeoff, and maneuvering of a~rcraft, thus tendlng
to des%roy or lmpa~r the utility of Denton Munlclpal A~rport,
and the public ~nvestment there~n Accordingly, it ~s declared
1 that the creation or establishment of an obstruction
has the potential of being a public nuisance and may
~njure the region served by Denton Municipal Alrport,
? that ~t ls necessary ~n the interest of the public
health, public safety, and general welfare that the
creation or establishment of obstructions that are a
hazard to air navigation be prevented, and
3 that the preventlon of these obstructions should be
accomplished, to the extent legally possslble, by the
exercise of the police power w~thout compensation
It ~s further declared that the prevention of the creation or
establishment of hazards to a~r navigat~on, the el~mlnation,
removal, alteration or mltigat~on of hazards to a~r navigation,
or the imark~ng and lighting of obstructions are public purposes
for which a political subdivision may raise and expend public
funds and acquire land or interests ~n land
BE IT ORDERED BY THE JOINT AIRPORT ZONING BOARD OF THE CITY OF
DENTON, TEXAS, AND THE COUNTY OF DENTON, TEXAS
SECTION 1 Short Title
Thls order shall be known and may be cited as "Denton
Municipal A~rport Zoning Regulations"
SECTION 2 Definitions
As used ~n this order, unless the context otherwise
requires
1 AIRPORT - means Denton Municipal A~rport
2 AIRPORT ELEVATION means the established elevation of
the highest point on the usable land~nF area measured ~n feet
from mean sea level
3 AIRPORT HAZARD means any structure or tree or use of
land which obstructs the air space reeu~red for the flights of
a~rcraft or which obstructs or ~nterferes w~th the control or
tracking and/or data acquisition ~n the landing, taking off or
flight at an a~rport, or at any ~nstallat~on or facility
relating to flight, and tracking and/or data sc&uls~t~on of the
flight craft, hazardous, ~nterfer~ng w~th or obstructing such
landing, taking off or flight of a~rcraft or which is hazardous
to or ~nterferes w~th tracking and/or data acquisition
pertaining to flight and flight vehicles
4 AIRPORT HAZARD AREA means any area of land or water
upon which an a~rport hazard m~ght be established ~f not
prevented as prowded ~n th~s order
S AIRPORT REFERENCE POINT - means the Dolnt established as
the approximate geographic center of the a~rport landing area
and so designated
6 APPROACH SURFACE a surface longitudinally centered on
the extended runway centerl~ne, extending outward and upward
from the end of the primary surface and at the same slope as
the approach zone height l~m~tat~on slope set forth ~n Section
4 of th~s order In plan the per~meter of the approach surface
co~nc~d~es w~th the perimeter of the approach zone
7 APPROACH~ TRANSITIONAL~ HORIZONTAL~ AND CONICAL ZONES
these zones are set forth in Section ~ of th~s order
8 BOARD OF ADJUSTMENT a board consisting of f~ve
members appointed by the C~ty Council of the C~ty of Denton,
Denton County, Texas, as provided by Article 46e-10,
Tex Rev C~v Stat Ann (1~69)
9 CONICAL SURFACE a surface extending outward and
upward from the periphery of the horizontal surface at a slope
of 20 to 1 for a horizontal distance of 4,000 feet
10 HAZARD TO AIR NAVIGATION - an obstruction determined to
have a substantial adverse effect on the safe and efficient
utilization of the nawgable a~rspace
1t HEIGHT for the purpose of determining the height
l~m~ts ~n all zones set forth zn th~s order and shown on the
zoning map, the datum shall be mean sea level elevation unless
otherwise specified
12 HORIZONTAL SURFACE a horizontal plane 1~0 feet above
the established a~rport elevation, the perimeter of which ~n
plan coincides w~th the perimeter of the horizontal zone
13 JOINT AIRPORT ZONING BOARD means a board consisting
of five (5) members, two (2] members appointed by the C~ty
Council of the City of Denton, Texas, and two (2] members
appointed by the Commissioners' Court, Denton County, Texas
The four (4) members so appoznted shall elect a f~£th
member, the Chairman
14 LANDING AREA means the surface area of the A~rport
used for the landing, takeoff or taxiing of a~rcraft
1~ NONCONFORMING USE - any pre-ex~st~ng structure, ob3ect
of natural growth, or use of land which ~s ~ncons~stent with
the prowslons of th~s order or an amendment thereto
16 OBSTRUCTION any structure, growth, or other ob3ect,
~nclud~ng a mobile ob3ect, which exceeds a l~m~t~ng height set
forth ~n Section 4 of th~s order
17 PERSON - means an lnd~wdual, firm, partnership,
corporation, company, association, ~olnt stock association, or
body politic, and lnclues a trustee, receiver, assignee,
administrator, executor, guardian, or other representative
18 PRIMARY SURFACE a surface longitudinally centered on
a runway When the runway has a specially prepared hard
surface, the primary surface extends 200 feet beyond each end
of that runway, but when the runway has no specially prepared
hard surface, or planned hard surface, the primary surface ends
at each end of that runway The w~dth of the primary surface
of a runway will be that width prescribed ~n Part 77 of the
Federal Aviation Regulations (FAR) for the most precise
approach existing or planned for either end of that runway
The elevation of any point on the primary surface is the same
as the elevation of the nearest point on the runway centerllne
The width of a primary surface is
1,000 feet for a nonprec~slon ~nstrument runway baying
a nonpreclslon lnstrtm~ent approach with v~s~bll~ty
minimums as low as three-fourths [5/4) of a statute
mile, and for precision instrument runways
19 RUNWAY - a defined area on an a~rport prepared for
landing and takeoff of a~rcraft along ~ts length
20 STRUCTUR~ an ob3ect, including a mobile ob3ect,
constructed or installed by man, including, but not limited to,
buildings, towers, cranes, smokestacks, earth formation, and
overhead transmission lines
21 TRANSITIONAL SURFACES these surfaces extend outward
at 90 degree angles to the runway centerllne and the runway
centerllne extended at a slope of seven [7) feet horizontally
for each foot vertically from the sides of the primary and
approach surfaces to where they Intersect the horizontal and
conical surfaces Transitional surfaces for those portions of
the precision approach surfaces, which project through and
beyond the limits of the conical surface, extend a distance of
5,000 feet measured horIzontally from the edge of the approach
surface and at 90 degree angles to the extended runway
centerllne
22 TREE -any object of natural growth
23 NONPRECI$ION INSTRUMENT RUNWAY - a runway having an
existing instrument approach procedure utilizing air navigation
facilities with only horizontal guidance, or area type
navigation equipment, for which a straight-in nonprec~s~on
instrument approach procedure has been approved or planned
24 PRECISION INSTRUMENT RUNWAY - a runway having an
ex~stlng instrument approach procedure utilizing an Instrument
Landing System (ILS) or a Preclslon Approach Radar (PAR) It
also means a runway for which a precision approach system is
planned and is so lnd%cated on an approved airport layout plan
or any other planning document
SECTION 3 Zones
In order to carry out the prov~slons of this order, there
are hereby created and established certain zones which include
all of the land lylng beneath the Approach Surfaces, Transition
Surfaces, Horizontal Surface and Conical Surface as they apply
to the Denton Mun~clpal A~rport Such zones are shown on the
Zoning Map consisting of one (1) sheet, prepared by the City of
Denton, Texas and dated July 1, 1979, which ~s attached to this
order and made a part hereof An area located in more than one
of the following zones ~s considered to be only in the zone
with the more restrlctlve height limitation The various zones
are hereby established and defined as follows
1 APPROACH ZONES
(a) Runway 17 Approach Zone is established
beneath the approach surface at the end
of Runway 17 on the Denton Municipal
Precision Instrument Airport for landings
and takeoffs The inner edge of the
approach zone shall have a wldth of 1,000
feet which coincides w~th the width of
the primary surface at a d~stance of 200
feet beyond each end of the runway,
widening thereafter uniformly to a width
of 16,000 feet at a horizontal d~stance
of 50,000 feet beyond each end of the
primary surface, ~ts centerllne being the
contlnuatlon of the centerl~ne of the
runway
(b) Runway 55 Approach Zone ~s established
beneath the approach surface at the end
of Runway 55 on the Denton Municipal
Nonprec~s~on Instrument A~rport for
landings and takeoffs The ~nner edge of
the approach zone shall have a w~dth of
1,000 feet which coincides w~th the w~dth
of the primary surface at a d~stance of
200 feet beyond each end of the runway,
mden~ng thereafter uniformly to a mdth
of 4,000 feet at a horizontal d~stance of
10,000 feet beyond each of the primary
surface, ~ts centerl~ne being the
continuation of the centerl~ne of the
runway
2 TRANSITION ZONBS Transition zones are hereby
established beneath the transition surface
ad3acent to each runway and approach surface as
~nd~cated on the zoning map Transition surfaces,
symmetrically located on e~ther s~de of runways,
have variable w~dths as shown on the zoning map
Transitional surfaces extend outward and upward at
r~ght angles to the runway centerl~ne and the
runway centerl~ne extended at a slooe of 7 to 1
from the s~des of the primary surface and from the
s~des of approach surfaces Transitional surfaces
for those portions of the precision approach
surface which pro3ect through and beyond the
l~m~ts of the conical surface, extend a d~stance
of 5,000 feet measured horzzontally from the edge
of the approach surface and at r~ght angles to the
runway centerl~ne
HORIZONTAL ZONB The area beneath a horizontal
place 150 feet above the established a~rport
elevation, the per~meter of wMch ~s constructed
by swinging arcs of 10,000 feet rad~ from the
center of each end of the or~mary surface of
Runways 17 and 35 and connecting the ad3acent arcs
by l~nes tangent to those aracs
CONICAL ZONE The area beneath the conical
surface extending outward and upward from the
periphery of the horizontal surface at a slope of
20 1 for a horizontal d~stance of 4,000 feet
SECTION 4 Height L~m~tat~ons
Except as otherwise prowded ~n this order, no structure
shall be erected, altered, or ma~ntazned, and no tree shall be
allowed to grow ~n any zone created by tMs order to a height
~n excess of the applicable height l~m~t here~n established for
such zone Such applicable height l~m~tat~ons are hereby
established for each of the zones in questions as follows
1 APPROACH ZONES
(a) Runway 17 one (1) foot ~n height for each
f~fty (~0') feet ~n horizontal d~stance
beginning at the end of and at the elevation
of the primary surface and extending to a
point 10,000 feet from the end of the
primary surface, then r~s~ng one (1) foot
~n height for each forty ~40) feet ~n
horizontal d~stance for an additional
40,000 feet along the extended runway
centerllne
(b) Runway 35 one [1) foot ~n height for each
thirty-four (~4') feet ~n horizontal
d~stance beginning at the end of and at
the elevation of the primary surface and
extending to a point 10,000 feet from the
end of the primary service
2 TRANSITION ZONES Slope seven (7') feet outward
for each foot upward beginning at the sides of and
at the same elevation as the primary surface and
the approach surface, and extending to a height of
1S0 feet above the airport elevation which ~s 640
feet above mean sea level In addition to the
foregoing, there are established height limits
sloping seven (7') feet outward for each foot
upward beginning at the sldes of and at the same
elevation as the approach surface, and extending
to where they ~ntersect the conical surface
Where the precision ~nstrument runway approach
zone pro3ects beyond the conical zone, there are
established height l~m~ts sloping seven (7') feet
outward for each foot upward beginning at the
s~des of and at the same elevation as the approach
surface, and extending a horizontal d~stance of
S,000 feet measured at 00 degree angles to the
extended runway centerl~ne
5 HORIZONTAL ZONR ~stabl~shed at one hundred f~fty
[150'~ feet above the a~rport elevation, or a
height of 790 feet above mean sea level
4 CONICAL ZONE Slopes twenty (20') feet outward for
each foot upward beginning at the periphery of the
horizontal zone and at 150 feet above the axrport
elevation and extendIng to a height of ~0 feet
above the a~rport elevation
5 EXC~PTMD HEIGHT LIMITATIONS Nothing ~n th~s order
shall be construed as prohibiting the growth,
construction or maintenance of any tree or
structure to a height up to f~fty (~0') feet above
the surface of the land
SECTION ~ Use Restrictions
Notwithstanding any other prows~ons of th~s order, no use
may be made of land or water w~th~n any zone established by
th~s order ~n such a manner as to create electrical
~nterference with navigational s~gnals or radio communication
between the a~rport and aircraft, make ~t d~ff~cult for p~lots
to d~st~ngu~sh between a~rport l~ghts and others, result ~n
glare in the eyes of p~lots using the a~rport, ~mpa~r
v~s~b~l~ty ~n the wc~nlty of the axrport, create b~rd str~ke
hazards, or otherwise in any way endanger or interfere w~th the
landing, taking off, or manueverlng of aircraft Intending to
use the airport
SECTION 6 Nonconforming Uses
1 Regulations Not Retroactive The regulations
prescribed by th~s order shall not be construed to require the
removal, lowering, or other change or alteration of any
structure or tree not conforming to the regulations as of the
effective date of th~s order, or otherwise interfere w~th the
continuance of any nonconforming use Nothing herein contained
shall require any change ~n the construction, alteration, or
intended use of any structure, the construct%on or alteration
of which was begun prior to the effectlve date of this order,
and ~s diligently prosecuted
2 Marking and Llghtin~ Notwithstanding the preceding
provision of th~s Section, the owner of any nonconforming
structure or tree is hereby required to permit the
~nstallat~on, operation, and maintenance thereon of such
markers and l~ghts as shall be deemed necessary by the City
Manager, C~ty of Denton, Texas, to indicate to the operators of
a~rcraft in the v~c~nity of the A~rport, the presence of such
a~rport hazards Such markers and llghts shall be installed,
operated, and maintained at the expense of the C~ty of Denton
SECTION 7 Permits
1 Future Uses - Except as specifically provided in (a),
(b) and (c), hereunder, no mater~al change shall be made ~n the
use of land, no structure shall be erected or otherwise
established, and no tree shall be planted ~n any zone hereby
created unless a permit therefor shall have been applied for
and granted Each application for a permit shall indicate the
purpose for which the permlt ~s desired, with sufficient parti-
cularity to permit it to be determined whether the resulting
use, structure, or tree would conform to the regulations herein
prescribed If such determination is ~n the affirmative, the
permit shall be granted No permit for a use ~nconslstent w~th
the provisions of this order shall be granted unless a variance
has been approved in accordance with Section 7, Paragraph 4
(a) In the area lying within the limits of the
horizontal zone and conical zone, no permit shall
be required for any tree or structure less than
seventy-five (75') of vertical height above the
ground, except when, because of terrain, land
contour, or topographic features, such tree or
structure would extend above the height limits
prescribed for such zones
(b) In areas lying within the limits of the approach
zones, but at a horizontal distance of not less
than 4,200 feet from each end of the runway, no
permit shall be required for any tree or structure
less than seventy-five (Tg') of vertical height
above the ground, except when such tree or
structure would extend above the height limit
prescribed for such approach zones
[c] In the areas lying within the limits of the
transition zones beyond the perimeter of the
horizontal zone, no permit shall he required for
any tree or structure less than seventy-five
feet of vertical height above the ground, except
when such tree or structure, because of terrain,
land contour, or topographic features, would
extend above the height limit prescribed for such
transition zones
Nothing contained in any of the foregoing exceptions shall be
construed as permitting or intending to permit any construc-
tion, or alteration of any structure, or growth of any tree in
excess of any of the height limits established by this order
except as set forth in Section 4, Paragraph S
2 Rxlstlng Uses No permit shall be granted that would
allow the establishment or creation of any airport hazard or
permit a nonconforming use, structure, or tree to be made or
become higher, or become a greater hazard to air navigation,
than it was on the effective date of this order or any
amendments thereto or than it is when the application for a
permit is made Rxcept as Indicated, all applications for such
a permit shall be granted
3 Nonconforming Uses Abandoned or Destroyed Whenever
the City Manager of the City of Denton determines that a
nonconforming structure or tree has been abandoned or more than
eighty [80%) percent torn down, physically deteriorated, or
decayed, no permit shall be granted that would allow such
structure or tree to exceed the applicable height limit or
otherwise deviate from the zoning regulations
4 Variances Any person desiring to erect or increase
the height of any structure, or permit the growth of any tree,
or use h~s property, in wolatlon of the regulations prescribed
in th~s order, may apply to the Board of Ad3ustment for a
variance from such regulations in question The application
for variance shall be accompanied by a determination from the
Federal Awatlon Administration as to the effect of the
proposal on the operation of air navigation facilities and the
safe, efficient use of navigable airspace Such variances
shall be allowed where it ~s duly found that a literal
application or enforcement of the regulations w~ll result ~n
unnecessary hardship and the relief granted would not be
contrary to the public ~nterest, but do substantial justice,
and be ~n accordance w~th the spirit of this order
Addxt~onally, no appl~catxon for variance to the requirements
of th~s order may be considered by the Board of Adjustment
unless a copy of the appl~catxon has been furnxshed to the
Denton Cxty-County Joxnt Airport Zoning Board for adwce as to
the aeronautical effects of the variance If the Denton
C~ty-County Joxnt A~rport Zonxng Board does not respond to the
application w~thln f~fteen (1S) days after receipt, the Board
of Ad3ustment may act on zts own to grant or deny sa~d
application
S Obstruction Marking and L~ght~ng Any permit or
variance granted may, if such action is deemed advisable by the
City Manager of the C~ty of Denton or the Board of A3dustment
to effectuate the purpose of thxs order and be reasonable ~n
the c~rcumstances, be so conditioned as to require the owner of
the structure or tree in question to allow the C~ty Manager to
~nstall, operate, and maintain, at the expense of the Cxty of
Denton, Texas, such markings and l~ghts as may be necessary
SECTION 8 Enforcement
It shall be the duty of the City Manager of the City of
Denton, Texas to administer and enforce the regulations
prescribed herein Applications for permits shall be made to
the C~ty Manager upon a form published for that purpose
Applications required by this order to be submitted to the City
Manager shall be promptly considered and granted or den~ed
Applications for variances shall be made to the Board of
Ad3ustment by first filing said application for variance with
the City Manager who shall forthwith transmit sa~d application
to the Board of Ad3ustment for determination
SECTION 9 Board of Adpustment
1 There is hereby created a Board of Ad3ustment to have
and exercise the following powers
(a) to hear and decide appeals from any order,
requirement, decision, or determination
made by the City Manager of the City of
Denton in the enforcement of this order,
(b) to hear and decide special exceptions to
the terms of this order upon which such
Board of Adoustment under such regulations
may be required to pass,
[c) to hear and decide specific variances
2 The Board of Ad3ustment shall consist of five members
appointed by the City Council of the City of Denton, Texas, and
each shall serve for a term of two (2) years and removable for
cause by the appointment authority upon written char~es, after
a public hearing
5 The Board of Adoustment shall adopt rules for its
governance and procedure in harmony w~th the provisions of th~s
order Meetings of the Board of Ad3ustment shall he held at
the call of the Chairman and at such times as the Board of
Ad3ustment may determine The Chairman, or in his absence the
acting Chairman, may administer oaths and compel the attendance
of witnesses All hearings of the Board of Ad3ustment shall be
public The Board of Ad3ustment shall keeD minutes of its
proceedings showing the vote of each member upon each question,
or, if absent or falling to vote, ~nd~cat~ng such fact, and
shall keep records of its examinations and other official
actions, all of which shall ~mmed~ately be f~led ~n the off~ce
of the City Secretary, Denton, Texas, and shall be a public
record
4 The Board of Adoustment shall make written findings of
fact and conclusions of law stating the facts upon which ~t
relied when making ~ts legal conclusions ~n reversing,
affirming, or modifying any order, requrrement, dec~slon, or
determination which comes before ~t under the prows~ons of
th~s order
5 The concurring vote of four (4) members of the Board of
Ad3ustment shall be necessary to reverse any order, require-
ment, decision, or determination of the C~tv Manager of the
City of Denton or to dec~de ~n favor of the applicant on any
matter upon which ~t ~s required to pass under th~s order, or
to effect any variation ~n th~s order
SECTION 10 Appeals
1 Any person aggrieved, or any taxpayer affected, by any
decision of the C~ty Manager of the C~ty of Denton, Texas made
~n h~s administration of th~s order, ~f of the opinion that a
decision of the C~ty Manager ~s an ~mproper application of
these regulations, may appeal to the Board of Ad3ustment
2 Ail appeals hereunder must be taken w~th~n a reasonble
t~me as prowded by the rules of the Board of Adoustment, by
f~llng w~th the C~ty Manager a not~ce of appeal specifying the
grounds thereof The City Manager shall forthwith transmit to
the Board of Ad3ustment all the papers constituting the record
upon which the actxon appealed from was taken
5 An appeal shall stay all proceedings ~n furtherance of
the action appealed from, unless the C~ty Manager certifies to
the Board of Ad3ustment, after the not~ce of appeal has been
f~led w~th ~t, that by reason of the facts stated ~n the
certificate, a stay would, ~n the op~n~on of the C~ty Manager
cause lmm~nent peril to l~fe or property In such case,
proceedings shall not be stayed except by order of the Board of
Adjustment on notice to the C~ty Manager and on due cause shown
4 The Board of Adjustment shall f~x a reasonable time for
hearing appeals, g~ve public notice and due notice to the
parties in ~nterest, and decide the same within a reasonable
t~me Upon the hearing any party may appear in nerson or by
agent or by attorney
$ The Board of Adjustment may in conformity with the
provisions of this order, reverse or affirm, in whole or in
part, or modify the order, requirement, decision or determs-
nat~on appealed from and may make such order, requirement,
decision or determination, as may be appropriate under the
circumstances
SECTION 11 Judicial Rewew
Any person aggrieved, or any taxpayer affected, by any
decision of the Board of Adjustment, may appeal to a Court of
competent jurisdiction, as provided by the Airport Zoning Act,
as amended, Tex Rev Czv Stat Ann Article 46e-ll f1069)
SECTION 12 Enforcement and Remedies
The C~ty Manager of the C~ty of Denton and/or the C~ty
Council may ~nstltute in any Court of competent 3urCsdlctlon,
an action to prevent, restrain, correct, or abate any violation
of th~s order or of any order or ruling made in connection w~th
~ts administration or enforcement including, but not limited
to, an action for injunctive relief as provided by the Airport
Zoning Act, as amended, Tex Rev Clv Stat Ann Art¢cle 46e-12
(19~)
SECTION 13 Penalties
Each vlolatxon of this order or of any regulation order, or
ruling promulgated hereunder shall constitute a mxsdemeanor and
upon conwctlon shall be punishable by a fxne of not more than
Two Hundred Dollars ($700 00) and each day a wolat~on
continues to ex~st shall constitute a separate offense
SECTION 14 Conflicting Regulations
Where there exists a conflict %etween any of the regu-
lations or limitations prescribed in this order and any other
regulations applicable to the same area, whether the conflict
he with respect to the height of structures or trees, the use
of land, or any other matter, the more stringent limItation or
requirement shall govern and prevail
SECTION 1S Severabllit¥
If any of the provisions of this order or the application
thereof to any person or circumstances is held invalid, such
invalIdity shall not affect other provisions or application of
the order which can be given effect without the invalid
provision or application, and to this end the ~rovlslons of
this order are declared to be severable
SRCTION 16 ~ffectlve Date
Whereas, the ~mmed~ate operation of the provisions of this
order is necessary for the preservation of the public health,
public safety, and general welfare an emergency ~ hereby
declared to exist, and this order shall be in full force and
effect from and after its passage by the Airport Zoning Board
and publication and posting as required by law Adopted hy the
Denton City-County Joint A~rport Zoning Board this Oth day of
September, 1981
JON
JOHN R i CARRELL - ALLIE ~ MILLER
ORDER NO $/- !
a CO OS 2 239
AN ORDER REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES
AND O~JECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE
OF PROPERTY IN THE VICINITY OF THE DENTON MUNICIPAL AIRPORT BY
CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES
THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND
BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN,
REFERRING TO THE DENTON MUNICIPAL AIRPORT ZONING MAP WHICH IS
INCORPORATED IN AND MADE A PART OF THIS ORDINANCE, PROVIDING
FOR ENFORCEMENT, ESTABLISHING A BOARD OF ADJUSTMENT, AND
IMPOSING PENALTIES
This order is adopted pursuant to the authority conferred
by the Airport Zoning Act, as amended, Tex Rev Clv Stat Ann
Article 46e-1 et seq (1969)
It ~s hereby found that an obstruction has the potentzal
for endangering the lives and property of users of the Denton
Mun~clpal A~rport, and property or occupants of land zn its
v~c~nlty, that an obstruction may affect existing and future
~nstrument approach m~nimums of Denton Municipal Airport, and
that an obstruction may reduce the s~ze of areas available for
the landing, takeoff, and maneuvering of alrcraft, thus tending
to destroy or impair the utility of Denton Munic~pal Airport,
and the public znvestment there~n Accordingly, ~t is declared
1 that the creation or establishment of an obstruction
has the potential of being a public nuisance and may
injure the region served by Denton Munic~pal A~rport,
2 that ~t ~s necessary in the ~nterest of the public
health, public safety, and general welfare that the
creation or establishment of obstructions that are a
hazard to alt navigation be prevented, and
3 that the prevention of these obstructions should be
accomplished, to the extent legally possszble, by the
exercise of the police power w~thout compensation
It ~s further declared that the prevention of the creatlon or
establlshment of hazards to air navigation, the elimlnatzon,
removal, alteration or mitigation of hazards to air navigation,
or the marking and lighting of obstructIons are public purposes
for which a pol~tical subdzvzsion may raise and expend public
funds and acquzre land or interests in land
BE IT ORDERED BY THE JOINT AIRPORT ZONING BOARD OF THE CITY OF
DENTON, TEXAS, AND THE COUNTY OF DENTON, TEXAS
SECTION 1 Short Title
This order shall be known and may be c~ted as "Denton
Municipal A~rport Zoning Regulations"
SECTION 2 Definitions
As used in th~s order, unless the context otherwise
requires
1 AIRPORT - means Denton Municipal A~rport
2 AIRPORT ELEVATION means the established elevation of
the highest point on the usable landing area measured ~n feet
from mean sea level
5 AIRPORT HAZARD means any structure or tree or use of
land which obstructs the a~r space required for the flights of
a~rcraft or which obstructs or ~nterferes w~th the control or
tracking and/or data acquisition in the landing, taking off or
flight at an a~rport, or at any ~nstallat~on or facility
relating to flight, and tracking and/or data acqms~t~on of the
flight craft, hazardous, interfering w~th or obstructing such
land~ng, taking off or flight of aircraft or which ~s hazardous
to or ~nterferes with tracking and/or data acqms~t~on
pertaining to flight and flight vehicles
4 AIRPORT HAZARD AREA means any area of land or water
upon which an a~rport hazard might be established ~f not
prevented as prowded ~n th~s order
S AIRPORT REFERENCE POINT - means the point established as
the approximate geographic center of the a~rport landing area
and so designated
6 APPROACH SURFACE a surface longitudinally centered on
the extended runway centerllne, extending outward and upward
from the end of the primary surface and at the same slope as
the approach zone height l~m~tat~on slope set forth ~n Section
4 of th~s order In plan the per~meter of the approach surface
co~ncides w~th the per~meter of the approach zone
vo ].].O0
7 APPROACH, TRANSITIONAL~ HORIZONTAL, AND CONICAL ZONES
these zones are set forth in Section 3 of th~s order
8 BOARD OF ADJUSTMRNT a board consisting of f~ve
members appointed by the C~ty Council of the C~ty of Denton,
Denton County, Texas, as prowded by Article 46e-10,
Tex Rev C~v Stat Ann (1969)
9 CONICAL SURFACE a surface extending outward and
upward from the periphery of the horizontal surface at a slope
of 20 to 1 for a horizontal distance of 4,000 feet
10 HAZARD TO AIR NAVIGATION - an obstruction determined to
have a substantial adverse effect on the safe and efficient
utilization of the nawgable a~rspace
11 HEIGHT for the purpose of determining the height
l~m~ts ~n all zones set forth ~n th~s order and shown on the
zoning map, the datum shall be mean sea level elevation unless
otherwise specified
12 HORIZONTAL SURFACE a horizontal plane lg0 feet above
the established a~rport elevation, the per~meter of which ~n
plan coincides w~th the per~meter of the horizontal zone
1S JOINT AIRPORT ZONING BOARD means a board consisting
of f~ve (S) members, two (2) members appointed by the C~ty
Council of the C~ty of Denton, Texas, and two (2) members
appointed by the Commissioners' Court, Denton County, Texas
The four (4) members so appointed shall elect a f~fth (Sth)
member, the Chairman
14 LANDING AREA means the surface area of the A~rport
used for the landing, takeoff or tax~ng of a~rcraft
1S NONCONFORMING USE any pre-ex~st~ng structure, ob3ect
of natural growth, or use of land which ~s ~ncons~stent w~th
the prowslons of th~s order or an amendment thereto
10 OBSTRUCTION any structure, growth, or other object,
~nclud~ng a mobile ob3ect, which exceeds a l~m~t~ng height set
forth ~n Section 4 of th~s order
17 PERSON - means an ~nd~wdual, f~rm, partnership,
corporation, company, association, 3olnt stock association, or
body politic, and lnclues a trustee, receiver, assignee,
admn~strator, executor, guardian, or other representative
18 PRIMARY SURFACE a surface longitudinally centered on
a runway When the runway has a specially prepared hard
surface, the primary surface extends 200 feet beyond each end
of that runway, but when the runway has no specially prepared
hard surface, or planned hard surface, the primary surface ends
at each end of that runway The w~dtb of the primary surface
of a runway w~ll be that w~dth prescribed ~n Part 77 of the
Federal Aviation Regulations (FAR) for the mo~t precise
approach ex~stlng or planned for e~ther end of that runway
The elevation of any point on the primary surface ~s the same
as the elevation of the nearest point on the runway centerl~ne
The w~dth of a primary surface ~s
1,000 feet for a nonprec~s~on ~nstrument runway hawng
a nonprec~slon ~nstrument approach w~th ws~b~l~ty
m~n~mums as Iow as three-fourths (5/4) of a statute
m~le, and for precision ~nstrument runways
19 RUNWAY a defined area on an a~rport prepared for
landing and takeoff of aircraft along ~ts length
20 STRUCTUR~ an object, ~nclud~ng a mobile object,
constructed or ~nstal]ed by man, ~nclud~ng, but not l~mlted to,
buildings, towers, cranes, smokestacks, earth formation, and
overhead transmission lines
21 TRANSITIONAL SURFACES these surfaces extend outward
at 90 degree angles to the runway centerl~ne and the runway
centerl~ne extended at a slope of seven (7) feet horizontally
for each foot vertically from the s~des of the primary and
approach surfaces to where they ~ntersect the horizontal and
conical surfaces Transitional surfaces for those port~ons of
the precision approach surfaces, which prolect through and
beyond the l~m~ts of the conical surface, extend a d~stance of
S,000 feet measured horizontally from the edge of the approach
surface and at 90 degree angles to the extended runway
centerllne
vo llO0 661
22 TREE -any object of natural growth
23 NONPRECISION INSTRUMENT RUNWAY - a runway having an
existing instrument approach procedure utilizing air navigation
facll~tles with only horizontal guidance, or area type
navigation equipment, for which a straight-in nonpreclslon
instrument approach procedure has been approved or planned
24 PRECISION INSTRUMENT RUNWAY a runway hav~ng an
existing instrument approach procedure utilizing an Instrument
Landlng System (ILS) or a Precision Approach Radar (PAR) It
also means a runway for which a precision approach system ~s
planned and is so ~ndlcated on an approved airport layout plan
or any other planning document
SECTION 3 Zones
In order to carry out the provisions of this order, there
are hereby created and established certain zones which include
all of the land lying beneath the Approach Surfaces, Transition
Surfaoes, Horizontal Surface and Conical Surface as they apply
to the Denton Municipal Airport Such zones are shown on the
Zoning Map consisting of one (1) sheet, prepared by the City of
Denton, Texas and dated July 1, 1979, which is attached to this
order and made a part hereof An area located in more than one
of the following zones ls considered to be only in the zone
with the more restrlctlve height limitation The various zones
are hereby established and defined as follows
1 APPROACH ZONES
(a) Runway 17 Approach Zone is established
beneath the approach surface at the end
of Runway 17 on the Denton Municipal
Preclslon Instrument Airport for landings
and takeoffs The inner edge of the
approach zone shall have a width of 1,000
feet which coincides w~th the width of
the primary surface at a d~stance of 200
feet beyond each end of the runway,
widening thereafter uniformly to a width
of 16,000 feet at a horizontal distance
of 50,000 feet beyond each end of the
primary surface, ~ts centerllne being the
oontlnuatlon of the centerllne of the
runway
(b) Runway 55 Approach Zone ~s established
beneath the approach surface at the end
of Runway 35 on the Denton Mun~cxpal
Nonprecxsxon Instrument Airport for
landings and takeoffs The xnner edge of
the approach zone shall have a w~dth of
1,000 feet which coincides with the w~dtb
of the primary surface at a distance of
200 feet beyond each end of the runway,
widening thereafter uniformly to a w~dth
of 4,000 feet at a horizontal distance of
10,000 feet beyond each of the primary
surface, ~ts centerllne being the
continuation of the centerl~ne of the
runway
2 TRANSITION ZONES Transition zones are hereby
established beneath the transition surface
ad3acent to each runway and approach surface as
xndxcated on the zoning map Transltxon surfaces,
symmetrxcally located on e~ther s~de of runways,
have variable wtdths as shown on the zoning map
Trans~txonal surfaces extend outward and upward at
rxght angles to the runway centerlxne and the
runway centerlxne extended at a slope of 7 to 1
from the sxdes of the prxmary surface and from the
s~des of approach surfaces Transitional surfaces
for those portions of the precision approach
surface which pro3ect through and beyond the
limits of the conical surface, extend a d~stance
of S,000 feet measured horizontally from the edge
of the approach surface and at r~ght angles to the
runway centerl~ne
HORIZONTAL ZONE The area beneath a horizontal
place 1S0 feet above the established a~rport
elevation, the per~meter of wMch ~s constructed
by swinging arcs of 10,000 feet rad~ from the
center of each end of the primary surface of
Runways 17 and 55 and connecting the ad3acent arcs
by l~nes tangent to those aracs
CONICAL ZONE The area beneath the conical
surface extending outward and upward from the
periphery of the horizontal surface at a slope of
20 1 for a horizontal d~stance of 4,000 feet
SECTION 4 Height L~mltat~ons
Except as otherwise prowded ~n tMs order, no structure
shall be erected, altered, or maintained, and no tree shall be
allowed to grow ~n any zone created by tMs order to a height
~n excess of the applicable height l~mlt here~n established for
such zone Such applicable height l~mltatlons are hereby
established for each of the zones ~n questions as follows
1 APPROACH ZONES
(a) Runway 17 one (1) foot in height for each
f~fty (~0') feet ~n horizontal d~stance
beginning at the end of and at the elevation
of the primary surface and extending to a
point 10,000 feet from the end of the
primary surface, then rising one (1) foot
~n height for each forty (40) feet ~n
horizontal d~stance for an additional
40,000 feet along the extended runway
centerllne
(b) Runway 35 one (1) foot ~n height for each
thxrty-four (~4') feet ~n horizontal
distance beginning at the end of and at
the elevation of the primary surface and
extending to a point 10,000 feet from the
end of the primary serwce
2 TRANSITION ZONES Slope seven (7') feet outward
for each foot upward begxnn~ng at the s~des of and
at the same elevation as the przmary surface and
the approach surface, and extending to a height of
150 feet above the a~rport elevation which xs 640
feet above mean sea level In addition to the
foregoing, there are established height lxmlts
sloping seven (7') feet outward for each foot
upward beginning at the s~des of and at the same
elevation as the approach surface, and extending
to where they intersect the conical surface
Where the precision lnstrlmlent runway approach
zone pro3ects beyond the conical zone, there are
established height l~m~ts sloping seven (7') feet
outward for each foot upward beginning at the
s~des of and at the same elevation as the approach
surface, and extending a horizontal d~stance of
5,000 feet measured at o0 degree angles to the
extended runway centerl~ne
5 HORIZONTAL ZONE Established at one hundred f~fty
[150'3 feet above the a~rport elevation, or a
height of 790 feet above mean sea level
4 CONICAL ZONE Slopes twenty (20') feet outward for
each foot upward beglnnlng at the periphery of the
horizontal zone and at 150 feet above the airport
elevation and extending to a height of 390 feet
above the a~rport elevation
S EXCEPTED HEIGHT LIMITATIONS Nothing ~n th~s order
shall be construed as prohibiting the growth,
construction or maintenance of any tree or
structure to a height up to f~fty (50'~ feet above
the surface of the land
SECTION 5 Use Restrictions
Notwithstanding any other provisions of this order, no use
may be made of land or water w~th~n any zone established by
th~s order ~n such a manner as to create electrical
~nterference w~th nawgatlonal s~gnals or radio communication
between the a~rport and a~rcraft, make ~t d~ff~cult for p~lots
to d~stlngu~sh between a~rport l~ghts and others, result ~n
glare ~n the eyes of p~lots using the a~rport, ~mpa~r
ws~bll~ty ~n the vicinity of the a~rport, create b~rd str~ke
hazards, or otherwise in any way endanger or interfere with the
landing, taking off, or manueverlng of alrcraft intending to
use the airport
SECTION 6 Nonconform~n~ Uses
1 Re~ulatlons Not Retroactlve The regulations
prescribed by this order shall not be construed to require the
removal, lowering, or other change or alteration of any
structure or tree not conforming to the regulations as of the
effective date of th~s order, or otherwIse interfere w~th the
continuance of any nonconforming use Nothing herein contained
shall require any change ~n the construction, alteration, or
intended use of any structure, the construction or alteration
of which was begun prior to the effective date of this order,
and is diligently prosecuted
2 Mark~n~ and Llghtlng Notwlthstandlnq the preceding
provision of this Section, the owner of any nonconforming
structure or tree is hereby required to permit the
installation, operation, and maintenance thereon of such
markers and l~ghts as shall be deemed necessary by the C~t¥
Manager, C~ty of Denton, Texas, to indicate to the operators of
aircraft ~n the vicinity of the Airport, the presence of such
airport hazards Such markers and llqhts shall be installed,
operated, and maintained at the expense of the City of Denton
SECTION 7 Permits
1 Future Uses - Except as specifically provided ~n (a),
(b) and (c), hereunder, no material change shall be made in the
use of land, no structure shall be erected or otherwise
established, and no tree shall be planted in any zone hereby
created unless a permit therefor shall have been applied for
and granted Each applicat~on for a permit shall indicate the
purpose for which the permit is desired, with sufficient parti-
cularity to permit ~t to be determined whether the resulting
use, structure, or tree would conform to the regulations herein
prescribed If such determination ~s in the affirmative, the
VOL].].O0 665
permit shall be granted No permit for a use ~ncons~stent w~th
the prowslons of th~s order shall be granted unless a variance
has been approved ~n accordance w~th Section 7, Paragraph 4
(a) In the area lying w~th~n the l~m~ts of the
horizontal zone and conical zone, no permit shall
be reqmred for any tree or structure less than
seventy-five (75') of vertical height above the
ground, except when, because of terra~n, land
contour, or topographic features, such tree or
structure would extend above the height l~m~ts
prescribed for such zones
(b) In areas lying within the l~m~ts of the approach
zones, but at a horizontal d~stance of not less
than 4,200 feet from each end of the runway, no
permit shall be required for any tree or structure
less than seventy-five (7g') of vertical height
above the ground, except when such tree or
structure would extend above the height limit
prescribed for such approach zones
(c) In the areas lying w~th~n the l~m~ts of the
transition zones beyond the per~meter of the
horizontal zone, no permit shall be reqmred for
any tree or structure less than seventy-five
feet of vertical height above the ground, except
when such tree or structure, because of terrain,
land contour, or topographic features, would
extend above the height l~m~t prescribed for such
transition zones
Nothing contained in any of the foregoing exceptions shall be
construed as permitting or intending to permit any construc-
tion, or alteration of any structure, or growth of any tree ~n
excess of any of the height l~m~ts established by th~s order
except as set forth in Section 4, Paragraph
2 Ex~st~ng Uses No permit shall be granted that would
allow the establishment or creation of any a~rport hazard or
permit a nonconforming use, structure, or tree to be made or
become higher, or become a greater hazard to air navigation,
than ~t was on the effective date of th~s order or any
amendments thereto or than it ~s when the application for a
permit is made Except as ~nd~cated, all applications for such
a permit shall be granted
3 Nonconforming Uses Abandoned or Destroyed Whenever
the C~ty Manager of the C~ty of Denton determines that a
nonconforming structure or tree has been abandoned or more than
e~ghty (80%) percent torn down, physically deteriorated, or
decayed, no permit shall be granted that would allow such
structure or tree to exceed the applicable height l~m~t or
otherwise deviate from the zoning regulations
4 Variances Any person desiring to erect or increase
the height of any structure, or permit the growth of any tree,
or use his property, in violation of the regulations prescribed
~n this order, may apply to the Board of Adjustment for a
variance from such regulations ~n question The application
for variance shall be accompanied by a determination from the
Federal Aviation Administration a~ to the effect of the
proposal on the operation of air nawgat~on facilities and the
safe, efficient use of navigable airspace Such variances
shall be allowed where ~t is duly found that a l~teral
application or enforcement of the regulations w~ll result ~n
unnecessary hardship and the relief granted would not be
contrary to the public interest, but do substantial 3ustlce,
and be in accordance w~th the spirit of th~s order
Additionally, no application for variance to the requirements
of this order may be considered by the Board of Ad3ustment
unless a copy of the application has been furnished to the
Denton C~ty-County Joint A~rport Zoning Board for adwce as to
the aeronautical effects of the variance If the Denton
C~ty-County Joint Airport Zoning Board does not respond to the
application w~thln f~fteen (15) days after receipt, the Board
of Ad3ustment may act on ~ts own to grant or deny sa~d
application
5 Obstruction Marking and L~ght~ng Any permit or
variance granted may, if such action xs deemed adwsable by the
C~ty Manager of the C~ty of Denton or the Board of A3dustment
to effectuate the purpose of th~s order and be reasonable ~n
the circumstances, be so conditioned as to require the owner of
the structure or tree in question to allow the C~ty Manager to
~nstall, operate, and maintain, at the expense of the City of
Denton, Texas, such markings and l~ghts as may be necessary
t vo llO0 667
, vo llO0 668
SBCTION 8 ~nforcement
It shall be the duty o£ the C~ty Manager of the C~ty of
Denton, Texas to administer and enforce the regulations
prescribed herein Applications for permits shall be made to
the C~ty Manager upon a form published for that purpose
Applications required by th~s order to be submitted to the C~ty
Manager shall be promptly considered and granted or den~ed
Applications for variances shall be made to the Beard of
Adjustment by f~rst f~llng sa~d application for variance w~th
the City Manager who shall forthwith transmit said application
to the Board of Adjustment for determination
S~CTION 9 Board of Adjustment
1 There ~s hereby created a Board of Adjustment to have
and exercise the following powers
(a) to hear and dec~de appeals from any order,
reqmrement, decision, or determination
made by the C~ty Manager of the C~ty of
Denton in the enforcement of th~s order,
(b) to hear and dec~de special exceptions to
the terms of th~s order upon which such
Board of Adjustment under such regulations
may be required to pass,
(c) to hear and dec~de specific variances
2. The Board of Adjustment shall consist of five members
appointed by the C~ty Council of the C~ty of Denton, Texas, and
each shall serve for a term of two (2) years and removable for
cause by the appointment authority upon written charges, after
a public hearing
5 The Board of Adjustment shall adopt rules for ~ts
governance and procedure ~n harmony w~th the prowslons of th~s
order Meetings of the Board of Adjustment shall be held at
the call of the Chairman and at such t~mes as the Board of
Adjustment may determine The Chairman, or ~n h~s absence the
acting Chairman, may administer oaths and compel the attendance
of witnesses Ail hearings of the Board of Adjustment shall be
public The Board of Ad3ustment shall keep m~nutes of ~ts
proceedings showing the vote of each member upon each question,
or, xf absent or fa~llng to vote, lnd~cat~ng such fact, and
shall keep records of its examinations and other official
actions, all of whxch shall mmedlately be fxled xn the off,ce
of the C~ty Secretary, Denton, Texas, and shall be a publxc
record
4 The Board of Adjustment shall make written f~ndlngs of
fact and conclusions of law stating the facts upon which it
relied when making ~ts legal conclusions ~n reversing,
affirming, or modifying any order, requirement, dects~on, or
determination which comes before it under the prows~ons of
th~s order
5 The concurring vote of four (4) members of the Board of
Adjustment shall be necessary to reverse any order, reqmre-
ment, decision, or determination of the City Manager of the
City of Denton or to dec,de tn favor of the applicant on any
matter upon whtch it ~s required to pass under th~s order, or
to effect any varlatton tn th~s order
SECTION 10 Appeals
1 Any person aggrteved, or any taxpayer affected, by any
decision of the City Manager of the Ctty of Denton, Texas made
~n h~s administration of th~s order, ~f of the open,on that a
decision of the City Manager ~s an tmproper appl~catton of
these regulations, may appeal to the Board of Adjustment
2 Ail appeals hereunder must be taken w~thln a reasonble
t~me as prowded by the rules of the Board of Adjustment, by
filing with the City Manager a not~ce of appeal specifying the
grounds thereof The C~ty Manager shall forthwtth transmit to
the Board of Adjustment all the papers constituting the record
upon which the action appealed from was taken
5 An appeal shall stay all proceedings tn furtherance of
the action appealed from, unless the City Manager certtf~es to
the Board of Adjustment, after the notice of appeal has been
filed with ~t, that by reason of the facts stated ~n the
certxf~cate, a stay would, in the open, on of the C~ty Manager
cause ~mm~nent peril to life or property In such case,
proceedings shall not be stayed except by order of the Board of
Adjustment on not~ce to the City Manager and on due cause shown
4 The Board of Adjustment shall fix a reasonable t~me for
hearing appeals, g~ve public notice and due notice to the
part~es in interest, and decide the same w~th~n a reasonable
time Upon the hearing any party may appear ~n ~erson or by
agent or by attorney
~ The Board of Adjustment may in conformity w~th the
provisions of this order, reverse or affirm, in whole or in
part, or modify the order, reqmrement, decision or determi-
nation appealed from and may make such order, reqmrement,
dec~slon or determination, as may be appropriate under the
circumstances
SECTION 11 Judicial Rewew
Any person aggrieved, or any taxpayer affected, by any
decision of the Board of Adjustment, may appeal to a Court of
competent ~ur~sd~ct~on, as provided by the Airport Zoning Act,
as amended, Tex Rev C~v Stat Ann Article 46e-ll
SECTION 12 Enforcement and Remedies
The C~ty Manager of the C~ty of Denton and/or the C~ty
Council may ~nst~tute ~n any Court of competent ~ur~sd~ct~on,
an action to prevent, restrain, correct, or abate any violation
of th~s order or of any order or ruling made in connection w~th
~ts administration or enforcement ~nclud~ng, but not limited
to, an action for injunctive relief as prowded by the Airport
Zoning Act, as amended, Tex Rev C~v Stat Ann Article 46e-12
[1969)
S~CTION 15 Penalties
Each wolat~on of th~s order or of any regulation order, or
ruling promulgated hereunder shall constitute a misdemeanor and
upon conwct~on shall be punishable by a f~ne of not more than
Two Hundred Dollars ($200 00) and each day a violation
continues to exist shall constitute a separate offense
SECTION 14 Conflicting Regulations
Where there exists a conflict between any of the regu-
lations or llm~tat~ons prescribed ~n th~s order and any other
regulations applicable to the same area, whether the conflict
be w~th respect to the height of structures or trees, the use
of land, or any other matter, the more stringent l~mltat~on or
requirement shall govern and prevail
SECTION iS Severab~l~t¥
If any of the provisions of th~s order or the application
thereof to any person or c~rcumstances ~s held ~nval~d, such
~nval~d~ty shall not affect other prowslons or application of
the order which can be g~ven effect w~thout the ~nval~d
prowslon or application, and to th~s end the ~rows~ons of
th~s order are declared to be severable
SECTION 16 Effective Date
Whereas, the ~mmed~ate operation of the prows~ons of tb~s
order ~s necessary for the preservation of the public health,
pubhc safety, and general welfare an emergency is hereby
declared to ex~st, and th~s order shall he in full force and
effect from and after ~ts passage by the A~rport Zoning Board
and publication and posting as required by law Adopted by the
Denton C~ty-County Joint A~rport Zoning Board th~s Otb day of
September, 1981
TO~Y JONF~,~HAIR~AN
JOHN R CARRELL ~-~LLER' '
EUGElq'B ]P' WRIGHT BOB~ COLE
v0t1100
CITY OF DENTON
MEMORANDUM
DATE September 11, 1981
TO Brooks Holt, City Secretary
FROM C J Taylor, Jr , City Attorney
SUBJECT Denton City-County A~rport Zoning Commission
Attached are the following ~nstruments for f~llnq in the
permanent records
1 F~nal Report of Denton Municipal Airport Zoning
Commission to Denton C~ty-County Joint A~rport
Zoning Board
2 Not~ce of Hearing by Denton C~ty-County Joint
A~rport Zoning Board
3 Order G~vlng Not~ce of Hearing by Denton City-
County Joint A~rport Zoning Board
4 Adoption by Denton City-County Joint Airport Zoning
Board of Final Report of Airport Zon~nq Commlsslon
5 Orlq~nal and one copy of Order No 81-I adopting
A~rport Zoning Regulations, please f~le the
original of this order w~th the County Clerk of
Denton County, Texas
6 Attorney's Certificate
7 Proof of Publication of Not~ce of Hearing by Denton
City-County Joint A~rport Zoning Board
CJTJR ]s
Attachments
FINAL REPORT OF DENTON MUNICIPAL AIRPORT ZONING
COM~ISSION TO DENTON CITY-COUNTY JOINT AIPORT ZONING BOARD
The Denton Municipal Airport Zoning Commission, heretofore
appointed by the Denton City-County Joint Airport Zoning Board on
July 9, 1981, submits to said Denton City-County Joint Airport
Zoning Board a final report of activities after having comDleted
the following details
The Denton Municipal Airport Zoning Commission submitted a
preliminary report to the Board on August 3, 1981, Issued a notice
on August 3, 1981, to all interested persons of plans for airport
zoning, published such notice in the Denton Record-Chronicle,
Denton, Texas, in the issue of August 4, 1981, and held a public
hearing in compliance with such notice on August 19, 1981
The following Denton Municipal Airport Zoning Commission
members were present
William A Crawford, Chairman
Russell Bates, Member
Ricky Grunden, Member
After having heard all evidence offered in favor of adopting
the zoning plans as set out in the map dated June 1, 1979,
prepared by the City of Denton, Texas, and after having heard all
others present in support of and against the adoption of the
zoning plan as set out, the Denton Municipal Airport Zoning
Commission finds that the plan as set out on the map of June 1,
1979, p~epared by the City of Denton, Texas, is necessary to the
proper use of the Denton Municipal Airport and is practical for
such purposes It is therefore recommended to the Denton
City-County Joint Airport Zoning Board that such p~an be adopted
thisbe)81
Signed at Denton, Texas,
CRAW~'ORD
RUSSELL BATES, MEMBER
ORDER
OF THE
DENTON CITY-COUNTY JOINT AIRPORT ZONING BOARD
WHEREAS, pursuant to the order of the Denton City-County Joint
Airport Zoning Board dated July 9, 1981, there was created an
Airport Zoning Commission for this clty and county, which said
Airport Zoning Commission did on the 3rd day of August, 1981, make
its preliminary report relative to the adoption of airport zoning
regulations by the Denton City-County Joint Airport Zoning Board
and on the 19th day of August, 1981, said Zoning Commission made
its final report to said Zoning Board for the purpose authorized
by Chapter 391 of the Acts of the Regular Session of the 50th
Legislature, 1947, and
WHEREAS, it appears to this Board that Chapter 391 of the Acts
of the Regular Session of the 50th Legislature 1947, requires that
this Board hold a public hearing on said final report of the
Airport Zoning Commission at which hearing parties in interest and
citizens shall have an opportunity to be heard regarding the
alrport zonlng regulations proposed to be adopted for airport
hazard areas in this clty and county,
NOW, THEREFORE, pursuant to the provisions of Section 5 of
Chapter 391 of the Acts of the Regular Session of the 50th
Legislature, 1947, notice is hereby given that a public hearing
will be held before this Board on September q, 1981, at the
Munlclpal Bullding in Denton, Texas, at 7 00 P M , for the purpose
of hearlng all partles in interest and citizens who deslre to be
heard on the final report of the A~rport Zoning Commission
proposing airport zoning regulations to be adopted by this ]olnt
board prescribing regulations covering airport hazard areas ~n
this city and county
IT IS FURTHER ORDERED that this notice be publlghed in the
Denton Record-Chronicle a newspaper of general clrculatlon in this
city and county
DATED this 21st day of August, 1981
AIRPORT ZONING BOARD
ORDER
NOTICE OF HEARING BY
DENTON CITY-COUNTY JOINT AIRPORT ZONING BOARD
WHEREAS, pursuant to the order of the Denton City-County
Joint Airport Zoning Board dated July 9, 1981, there was
created an Airport Zoning CommissIon for this city and county,
which sald Airport Zoning Commission did on the 3rd day of
August, 1981, make its preliminary report relative to the
adoptlon of airport zoning regulations by the Denton City-
County Joint Airport Zoning Board and on the 19th day of
August, 1981, sa~d Airport Zoning Commission made its final
report to said Joint Airport Zoning Board for the purpose
authorized by Chapter 391 of the Acts of the Regular Session of
the 50th Legislature, 1947, and
Pursuant to the provisions of Section 5 of Chapter 391 of
the Acts of the Regular Session of the 50th Legislature, 1947,
notice is hereby given that a public hearing will be held
before this Board on September 9, 1981, at the Municipal
Building in Denton, Texas, at 7 00 P M , for the purpose of
hearing all part~es ~n ~nterest and citizens who desire to be
heard on the final report of the Airport Zoning Commission
proposing airport zoning regulations to be adopted by th~s
]olnt board prescribing regulations covering airport hazard
areas in this city and county
DATED thls 21st day of August, 1981
DENTON CITY-COUNTY JOINT
AIRPORT ZONING BOARD
ADOPTION BY DENTON CITY-COUNTY JOINT AIRPORT
ZONING BOARD OF FINAL REPORT OF AIRPORT ZONING COMMISqION
WHEREAS, the Airport Zoning Commission heretofore apvo~nted
by th~s Board d~d submit ~ts F~nal Revort on the loth day of
August, 1981, and
WHEREAS, th~s Board d~d ~ssue an order on the 2lst day of
August, 1981, g~wng not~ce of a public bear~n~ to he held
before th~s Board on September O, laS1, at the Municipal Build-
ing ~n Denton, Texas, at 7 O0 P M , for the purvose of hearing
all part~es ~n ~nterest and c~t~zens who desire to be beard on
the f~nal report of sa~d A~rport Zoning Commission, and
WHEREAS, no ob3ect~ons were made to such Report after the
Board had assembled at the appointed t~me and place to consider
such objections,
NOW, THEREFORE, on a motxon by
and seconded by ~ _~. COZ~ tt ~s unanimously
ordered by the Denton Cxty-Countv Joxnt A~rport Zoning Board
that the report of the Airport Zoning Commission he adopted
It ~s further ordered by th~s Board that the C~tv Attorney
the C~ty of Denton, prepare the proper order to carry out the
zonxng regulations being considered, and that the order carry
prowsions for ~njunct~ve relief according to the State Law
Texas That such order shall be ~n harmony and alike to a ma~
prepared by the C~tv of Denton, Texas on June 1, l~7~, as to
technical requxrements of the varxous zones and he~Rhts as set
out on such zoning mad
PASSED th~s the qth day of September, lqS1
AIRPORT ZONING BO~D
PROOF OF PUBLICATION OF NOTICE OF HEARING
BY DENTON CI~-COUNTY JOINT AIRPORT ZONING BOARD
THE STATE OF TEXAS
COUNTY OF DENTON
BEFORE ME, the undersigned authority, on this day personally
appeared R0¥ APPLETON, JR , known to me to be the
person, and being by me duly sworn, stated to me on his oath that
the attached copy of printed notice is a true and correct copy of
an orlglnal notice whlch was published in the ~ssue of the news-
paper known as the Denton Record-Chronicle, bearing as ~ts date
the ~ day of Au~us~ , 1981, that such newspaper was on
such date and all during and exceeding twelve months prior to such
date a newspaper of general c~rculatlon ~n the county in which the
proceedings mentioned in such not~ce were, and still are, pending,
that a copy of such notlce as so published in Denton County,
Texas, and that the afflant is the publisher of such newspaper and
knows that what is stated in th~s affldav~t is true, that such
notice was published as provided in Chapter 391 of the Acts of the
Regular Session of the 50th Legislature, 1947, and amendments
thereto, and being Article 46e, Section 5 of the Revised Civil
Statutes of Texas for the service of notice of publlcat~on, that
such newspaper was and is one printed in the county where the
proceeding mentioned in such notice is pending, and further that
the proper charge of such publish/9~ for such publication
PUBLI~E~ ~ ~ - '
SUBSCRIBED AND SWORN TO BEFORE ME by the sa~d Seme~a~ M~ma~er ,
this the ~4 day of Au~u$~ , 1981, to certify which
witness my hand and seal of off~ce
NOTARY PUBLIC ~N'AND FOR
DENTON COUNTY, TEXAS
CITY of DENTON, TEXAS I~UNICIPAL BUILDING / DENTON TEXAS 7620; / TELEPHONE (817) 382 9601
Ofhce of C~ty Attorney
ATTORNEY'S CERTIFICATE
AIRPORT ZONING ORDER
DENTON MUNICIPAL AIRPORP
September 10,
I hereby certify that I have examined the Airport Zoning
Order adopted by the Denton City-County Joint A~rDort Zonzng
Board on September 9, 1981, relating to the Denton Municipal
Airport, and said order together with all leqal notlces and
hearing% were had and enacted pursuant to applicable state and
local laws, orders and ordinances, and that in my opinion said
order complies with the condItions set out in the Grant
Agreement between the City of Denton, Teyas and the Federal
Aviation Administration, together w~th all State and local laws
and ~ valid, b~ndlng and enforceable
CITY OF DFNTON, TEXAS
CJTJR Is
NO
AN ORDINANCE DESIGNATING THE BELOW DESCRIBED LOCATIONS AS HISTORIC
LANDMARKS UNDER ORDINANCE NO 80-30 (ARTICLE 28A OF THE COMPRE-
HENSIVE ZONING ORDINANCE), AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Historic Landmark Commlsslon and the Planning and
Zoning Commission of the City of Denton have recommended that the
property herein described be designated as historic landmarks in
the City of Denton, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
The following described locations shall be designated as
historic landmarks under Ordinance No 80-30, Article 28A of the
Comprehensive Zoning Ordinance of the C~ty of Denton, Texas
1 H-4 607 Pearl Street
2 H-5 609 West Oak Street
3 H-6 722 West Oak Street
4 H-7 705 West Oak Street
5 H-8 811 West Oak Street
6 H-9 723 West Oak Street
7 H-10 812 West Oak Street
8 H-11 1003 West Oak Street
9 H-12 1023 West Oak Street
10 H-13 1015 West Oak Street
SECTION II
The historic landmark designat~on shall be indicated upon the
zoning map of the City of Denton by the letter "H", and the
property here~n described shall be subject to all of the terms,
provisions and requirements of Ordlnance No 80-30, Article 28A of
the Comprehensive Zoning Ordlnance of the C~ty of Denton, Texas
SECTION III
This ordlnance shall become effectIve from and after its date
of passage
PASSED AND APPROVED this the ~day of~ , ~98~
~IC~RD O~ STEWarT ,~AYOR
CIT~ OF DENTON, TEXAS
CITY O~ DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
BY