DFW Airport-CS 820901 ORDINANCE NO. 71 - 100
AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND
OBJECTS OF NATURAL GROWTH,~AND OTHERWISE RESTRICTING THE USE OF PROP-
ERTY ON AND IN THE VICINITY OF THE DALLAS-FORT WORTH REGIONAL AIRPORT:
BY ESTABLISHING AIRPORT APPROACH ZONES, TRANSITION ZONES, HORIZONTAL
ZONES, AND CONICAL ZONES, AND ESTABLISHING THE BOUNDARIES THEREOF;
PROVIDING FOR AMENDMENTS OR CHANGES IN THE RESTRICTIONS AND BOUNDA-
RIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE
DALLAS-FORT WORTH REGIONAL AIRPORT ZONING MAP WHICH IS INCORPORATED
IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTAB-
LISHING A BOARD OF ADJUSTMENT; PROVIDING FOR JUDICIAL REVIEW; AND
IMPOSING PENALTIES.
This ordinance-is adopted pursuant to the authority con[erred by the Airport Zoning Act~
Article 46e, V.A.C.S., as amended by all subsequent legislation. Jt is hereby Found that
an airport hazard endangers the lives and property of users of the Dallas-Fort Worth Regional
Airport and occupants o[ land in its v|cinlty, and also, if of the Obstruction type, Jn eJ~fect
reduces the size o[ the area available [or the landlng, taking-off and maneuvering of
craft, thus tending to destroy or impair the utility of the Dallas-Fort Worth Regional Airport
and the public investment therein. Accordingly, it J$ declared: (l) that the creation or
establishment.of an airport hazard is a public nuisance and an injury to the region served by
the Dallas-Fort Worth Regional Airport; (2) that it is necessary in the interest of the public
health, public safety and general welfare that the creation ar establishment of airport haz-
ards be prevented; and, (3) that the prevention of these hazards should be accomplished,
the extent legally possible, by the exercise of the police power without compensation. It
J$ Further declared that both the prevention of the creation or establishment of aJrj:~rt.hazards
and the elimination, removoJ~ alteration, mitigation, or marking and lighting of existing
airport hazards are public purposes For which political subdivisions 'may raise and expend
public fund, and acquire land or interest in land.
BE IT ORDAINED BY THE JOINT AIRPORT ZONING BOARD OF THE DALLAS-FORT WORTH
REFIONAL AIRPORT LOCATED IN DALLAS AND TARRANT COUNTIES AS FOLLOWS:
SECTION h SHORT TITLE
This o~dlnance shall be known and may be cited as the "Airport Zoning Ordinance of the
Dallas- Fort Worth Regional Airport."
SECTION Ih DEFINITIONS
(1) ADMINISTRATIVE AGENCIES means those agencies which have the responsibility for
the odmlnistration and enforcement of this ordinance. '"
(2) AIRPORT means the Dallas-Fort Worth Regional Airport, located in Dallas and Tarrant
Counties: Texas.
(3) AIRPORT ELEVATION means tile establlshed elevation of the highest point on the usable
landing area, said elevation being 606 feet above mean sea level.
(4) AIRPORT HAZARD means any structure, tree, installation, electronic and/or visual
interference, or use of land or water which obstructs the airspace required for the
flight of aircraft in landing or taking-off at the airport or is otherwise hazardous to
such landing or taking-off of aircraft.
(5) AIRPORT HAZARD AREA means any area of land or waterunder the imaginary surfaces
as defined in Section I¥ upon which an airport hazard might be established if not pre-
vented as provided in these regulations.
(6) AIRPORT ZONE means the space between the earth's surface and the imaginary surfaces
as defined in Section I¥.
(7) BOARD OF ADJUSTMENT means a board consisting of 5 members appointed by the Joint
Airport Zoning Board as provided by Texas State Law, specifically Vemon's Annotated
Civil Statutes, Article 46e- 10.
(8) HEIGHT - for the purpose of determining the height limits in all zones set forth in this
ordinance and shown on the Zoning Map, the datum shall be measured in mean sea
level elevation unless otherwise specified.
(9) INSTALLATION means any electronic or visual interference that is not included within
the definition of "structure" or "tree."
(10) JOINT AIRPORT ZONING BOARD means a board having as members two (2) represent-
atives appointed by each political subdivision participating in its creation and in addition
a chairman elected by a majority of the members so appointed.
(11) NON-CONFORMING USE means any structure, tree, or use of land which is lawfully
in existence at the time the regulation is prescribed in the Ordinance or an amendment
thereto becomes effective and does not then meet the requirement of said regulation.
(12) PERSONS means an individual, firm, partnership, corporation, company, association,
administrator, executor, guardian, or other representative.
(13) POLITICAL SUBDIVISION means any municipality, city, town, village or county.
(14) RUNWAY means the paved surface of an airport designated for the landing and taking-
off of aircraft.
(15) STRUCTURE means an object permanent, or temporarily constructed or installed by man,
including, but without limitation, buildings, towers, smokestacks and overhead trans-
mission lines.
(16) TR[:E means any object of natural growth.
(17) ZONING MAP means "The Hazard Zoning Maps Of The Joint Airport Zoning Board
For The Dallas-Fort Worth Regional Airport."
SECTION II. INCORPORATION OF HAZARD ZL. ,lNG MAPS
The Hazard Zoning Maps for the Dallas-Fort Worth Regional Airport, prepared by the
engineering and architectural firm of Tippetfs-Abbett-McCarthy-Stratton, consisting of
20 pages and dated December, 1970, is hereby incorporated by reference and made a port
hereof for ~11 purposes.
- SECTION IV: IMAGINARY SURFACES
The following imaginary surfaces are established to implement the provisions of this ordinance.
The dimensions, elevations above mean sea level, slopes and radii applicable to the imagin-
ary surfaces shall be as shown on the Zoning Map.
(a) Primary Surface - A surface longitudinally centered on a runway~ and extending
beyond the ends of the runway. The elevation of any point on the primary sur-
face is the same as the elevation of the nearest point on the runway centerllne.
(b) Horizontal Surface - A horizontal plane surface 150 feet above the establish~ed _
-----"-airport elevation, the perimeter oF which is constructed by swlngln2 arcs of speci-
fied radii from the center of each end of the primary surface of each runway and
connecting the adjacent arcs by lines tangent to those arcs.
(c) Conical Surface - A surface extending outward and upward from the entire peri-
meter, of the horizontal surface, at a specified slope and for a specified distance.
(d) Approach Surface - A surface longitudinally centered on the extended runway
centerllne and extending outward and upward from each end of the primary surface
for a specified distance at a specified slope, and expands its horizontal dimen-
sion uniformly to a specified width.
(e) Transitional Surfaces - A surface extending outward and upward at right angles to
the runway centerllne and the runway centerline extended at a specified slope
from the sides of the primary surface and from the sides .of the approach surfaces.
~ransitional surfaces for those portions of the conical surfaces extend a specified
distance measured horizo.ntally from the edge of the approach surface and at right
angles to the runway centerllne.
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Except as otherwise may be provided in these regulations, no structures tree~ or installation
shall be erected, altered, allowed to grow, or be maintained within the Airport Hazard
Zoning Area which will be above the imaginary surfaces as established by and shown on the
Zoning Map.
SECTION VI: USE RESTRICTIO'NS
Notwithstanding any other provision of these regulations, no use may be made of land or
water nor installation placed on land or water within the Airport Hazard Area that will cre-
ate interference with radio communication between the Airport and Aircraft; or that will
create interference with any air navigation facility, airport visual approach or landing aid~
aircraft arresting device, or meteorological device; or that will.result in glare in the eyes
of flyers using the airport but this prohibition shall not include momentary glare or glare
from vertical or downward reflecting windows or glas~ panels used in the construction of
structures; or that will impair visibility in the vicinity of the airport~ attract blrds~ or that
will otherwise endanger the landing, taking-off or maneuvering of aircraft operating
.. through the facilities of the airport. No other airport or landing field shall be constructed
within the airport hazard area.
SECTION VII: EXISTING NON-CONFORMITIES
Structures, trees or installations existing prior to the effective date of these regulations
which do not conform to the requirements hereof shall be consldered as legal non-conforming
uses. These regulations shall not be construed to require the removal, lowering, change or
alteration of any legal non-conforming use structure, tree or installation. A permit shall
be required for a legal non-conforming use and shall be issued on application' of the owner
or agent accompanied by affidavit that the use, structure~ tree or installation was in exist-'
ence on the effective date of~ these regulations. Applications for permits for non-conforming
users shall be made within 180 days from the effective date of these regulations.
SECTION VIII: PERMITS REQUIRED
Before any new structure or use which could be defined as an airport hazard under this
ordinance may be constructed or established and before any such existing use or structure
may be increased in height or otherwise altered, a permit to do so must be secured by the
owner involved or his agent. All permit applications shall be made to the administrative
agency having jurisdiction, or their designated representatives under Section XII hereof.
In the event that any administrative agency issues a permit erroneously allowing the begin-
nlng of erection of any structure or tree, said permit shall not constitute a variance or be
construed in any manner to allow any person to penetrate the imaginary surfaces established.
It w~ll remain incumbent on the sponsor, .builder, property owner or their agents, as the case
may be, to prevent the creation of any object that will cause an airport hazard within the
meaning of this ordinance. When said permits are requested for construction and/or alter-
ation within the city limits of a municipality the administrative agency having jurisdiction
shall be th~ municipality itself.and the county administrative agency shall' have no jurls-
diction within the city limits of munlcipolltles.
SECTION IV: NOTICE TO FEDERAL AVIATION ADMINISTRATION
Nothing in these regulations shall be construed as relieving any owner, sponsor, or agent
-' from the requirement for filing a notice of proposed construction or alteration with the ap-
propriate Federal Aviation Administration Authority.
SECTIQN X: VARIANCES
Any person desiring to erect any structure or increase the height of any structure, or permit
the growth of any tree, or otherwise use his property in violation of these regulations may
apply to the Board of Adjustment for a variance from the zoning regulations in question.
Such variances shall be allowed where a literal application or enforcement of the regula-
tions wpuld result in practical difficulty or unnecessary hardship and the relief granted would
not be contrary to the public interest but do substantial jusfi.ce and be in accordance with
the spirit of these regulations; provided that any varlan, ces allowed shall be subject to any
reasonable conditions that the Board of Adjustment may deem necessary to effectuate the
puTposes of these regulations.
S~--flON Xl: HAZARD MARKING AN... clGHTING
" Any permit granted under these regulations may, if such action is deemed advisable to
effectuate the purposes of these regulations and reasonable in the circumstances, be so
conditioned as to require the owner of the structuref tree or installation in question to
permit the j~roper authority to install, operate and maintain thereon such markers and
lights, as the Board may find necessary to indicate the presence of the Airport Hazard.
SECTION XII: ADMINISTRATIVE AGENCIES
The admJnlstratlon and ~nforcement of all regulations adopted by the Joint Airport Zoning
Board is vested in the governing bodies of each of the political sub-divisions represented
on the Board, and who have adopted the regulations.each respectively by ordinance.
Each political subdivision shall:
(1) Establish its own administrative and enforcement agency; or
(2) Designate another political sub-division to.administer and enforce these regula-
tions in its behalf; or
(3) Request the Joint Airport Zoning Board to designate an agency to act in this
capacity in its behalf.
SECTION XIII: RULE OF PROCEDURE
The Joint Airport Zoning Board shall adopt Rules of Procedure to govern its actions and to
inform permit applicants and administrative agencies and officials of the procedures required
in connection with issuance of permits.
SECTION XIV: BOARD OF ADJUSTMENT
(i) There is hereby created a Board of Adiustment to have and exercise the following
powers:
(a) To hear and decide appeals from any orderf requirement, decision or determination
mnd~ in fh~ ~nf~rr.~.rn~.nt of th~se re_aulat~ons. .
(b) To hear and decide special exceptions to the terms of these regulations upon which
such Board of Adjustment may be required to pass by subsequent regulations.
(c) To hear and decide specific variances.
· (2) The Bored of Adjustment shall consist of five (5) members, each to be appointed for
a term of two (2) years and removable for cause upon written charges and after pub-
lic hearing. All vacancies shall be filled by appointment of new members by the
Joint Airport Zoning Board. The Chairman of the Board of Adjustment will be elected
by the membe rs and from the members of the Board of Adjustment.
(3) The B~ard of Adjustment shall adopt rules for its governance and procedure in harmony
with the provisions of these regulations. Meetings of the Board of Adjustment shall
be held at the call of the Chalrmon and at such times as the Board of Adjustment shall
determine. The Chairman, or in his absence the Acting Chairman, may administer
oaths and compel the at'tendance of witnesses'. All .hearings of the Board of Adjustment
shall be pu blic. The Board of Adjustment shall keep Minutes of its proceedings,
showing the vote of each member upon each question, or if absent or failing to vote,
indicating such fact, and shall keep records of its exominatlons and other officlal
actions, all of which shall immediately be filed in the office of the Board of Adjust-
ment, 'and shall immediately be filed in the office of the Board of Adjustment, and
'shall be a public record.
SECTION XV: APPEALS
(1) Any person aggrieved, or taxpayer affected, by any decision of an Administrative
Agency made in its adminstrafion of airport zoning regulations adopted under this Act,
or any governing body of a political subdivision, or any joint airport zoning board,
which is of the opinion that a decision of such an adminstratlve agency is an improper
application of airport zoning regul.ations of concern to such governing body or board,
. may appeal to the Board of Adjustment authorized to heat and decide appeals from the
decisions of such administrative agency.
(2) All appeals taken under this Section must be taken within a reasonable time, as provided
by the rules of the Boord of Adjustment, by filing with the Administrative Agency and
with the Board of Adjustment a notice of appeal specifying the grounds thereof. The
Administrative Agency shall forthwith transmit to the Board of Adjustment all the papers
constituting the record upon which the action appealed from was taken.
(3) An appeal shall stay all proceedings in furtherance of the action appealed from, unless
the Administrative Agency certified to the Board of Adjustmentsl after the notice of ap-
peal has been filed with it, that by reason of the facts stated in the certificate a stay
would, in its opinion, cause imminent peril to life or property. In such case, proceed-
ings shall not be stayed otherwise than by order of the Board of Adjustment on notice
to the Administrative Agency and on due cause shown.
(4) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give
public notice and due notice to the parties in interest, and decide the same within a
attorney.
(5) The Board of Adjustment may, in conformity with the provisions of these regulations,
reverse or affirm, wholly or partly, or modify, the order, requirement, decision, or
determination as ought t~ be made, and to that.end shall have all the powers of the
Administrative Agency.
(6) The Board of Adjustment shall make written findings of fact and conclusions of law,
giving the facts upon which it acted and ils legal conclusions from such facts in
reversing, or affirming, or modifying any order, requirement, decision or determin-
ation which comes before it under the provisions of these regulations.
(7) The concurring vote of four (4) members of the Board of Adjustment shall be necessary
to reverse any order, requirement, declslon~ or-determination of the Administrative
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Agency or to decide in favor of the applicant on any matter upon which it is required
to pass under these regulations or to effect any variation in these regulations.
SECTION XVh JUDICIAL REVIEW
Any person aggrieved or taxpayer affected by any decision of the Board of Adjustment,
or any governing body of a political subdivision or the Joint Airport Zoning Board or Ad-
ministrative Agency which is of the opinion that a decision of the Board of Adjustment is
illegal may, within ten (10) days after the decision is filed in the office of the Board, pre-
sent a verified petition to a Court of Competent Jurisdiction for relief in a manner as pro-
vided in Article 46e - 11(1), Texas Revised Civil Statutes.
SECTION XVII: ENFORCEMENT AND REMEDIES
In addition, the political subdivision or agency adopting these zoning regulations may
institute in any Court of competent jurisdiction, an action to prevent, restrain, correct or
abate any violation of these regulations or enforcement, and may be granted such relief,
by way of injunction as may be proper under all the facts and circumstances of the case.
SECTION XVIII: PENALTIES
Each violation of this ordinance or of any regulation, ord.er, or ruling promulgated hereunder
shall constitute a misdemeanor and be punishable by a fine of not more than $200.00, and
each day a violation continued to exist shall constitute a separate offense. Jurisdiction
for any offense providing a criminal penalty hereunder shall lie in the municipal court in
the municipality in which the violation occurs; however, if the offense in an area not in-
corporated within a municipality, jurisdiction shall lle in the justl.ce of the peace court of
the precinct in which the offense occurs.
SECTIONXIX: CONFLICTING REGULATIONS
height of a structure or tree, or the establishing or maJntain;ng of any other airport haz-
ard as herein defined, than ;s imposed by other ordinances or regulations applicable to the
same area or location, the provisions of these regulations shall govern and prevail.
SECTION XX: SEVERABILITY
If any of the prov;slons of this Ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or appli-
cations of the Ordinance which can be given effect without the invalid provision or ap-
plicat;on, and to this end the provisions of this Ordinance are declared to be severable.
"' SECTION .XXh AMENDMENTS
This Ordinance may be amended or changed by the Joir~t Airport Zoning Board for the
Dallas-Fort Worth Regional Airport except as otherwise provided by the Airport Zoning
Act, Artlcle46e, V.A.C.S., afterapubllc hearing in relation thereto at which parties
in intent and citizens shall have an opportunity to be heard. At least fifteen (1.5) days
notice of the hearing shall be published in an official paper, or a paper of general clrcul-
atlon, in the political subdivision in which is located the airport hazard area.
SECTION XXII: EFFECTIVE DATE
WHEREAS, the immediate operation of the provisions of this Ordinance is necessary for
the preservation of the public health, public safety, and general welfare, an E/V'~ERGENCY
is hereby declared to exist, and this Ordinance shall be in full force and effe.ct from and
after Publication and pasting as required by law and its passage by the Joint Airport Zoning
Board.
APPROVED AND ADOPTED this 16th day of December, 1971, by the Joint Airport Zoning
Board of the Dallas-Fort Worth Regional Airport.
/s/Robert H. Power
Chairman
Attest:
/s/Robert L. Wegner
CERTIFICATE
THE STATE OF TEXAS
COUNTY OF DALLAS
COUNTY OF TARRANT
I, Robert H. Power, Chairman of the Joint Airport Zoning
Board of the Dallas-Fort Worth Regional Airport located in
Dallas and Tarrant Counties, do hereby certify that the above
and foregoing Ordinance No. 71-100 being pages 1 - 8 thereof is
a true and correct copy of the Ordinance passed on December 16,
1971 by the Joint Airport Zoning Board of the Dallas-Fort Worth
Regional Airport. This Certificate is dated~ ~/ 1982
ROBERT H. POWER
Chairman, Joint Airport gon±ng Board
of the Dallas-Fort Worth
Regional Airport
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DALLAS
COUNTY OF TARRANT ...
This Instrument was acknowledged before me o ~.__, 1982
by Robert H. Power as Chairman of the Joint Airport Zoning ~o. ard of
the Dallas-Fort Worth Regional Airport. ~''
In and for the State of Texas
Dallas County, Texas or
Tarrant County, Texas