§ 3-267 ADMINISTRATIVE AGENCY.

   The director of the planning and development department of the city or his or her designee (the “director”) is hereby designated as the administrative agency to administer and enforce the airport height control area zoning regulations and airport compatible land use zone regulations prescribed by this division and to hear and decide all applications for permits made pursuant to this division. The director may not exercise any of the powers herein delegated to the Fort Worth alliance airport board of adjustment.

(Ord. 10121, § 2, passed 6-2-1988; Ord. 17522, § 5, passed 4-24-2007)

§ 3-268 NONCONFORMING USES AND STRUCTURES.

   (a)   Regulations not retroactive. Notwithstanding any restrictions contained in this division to the contrary, this division shall not be construed:

      (1)   To require changes in nonconforming land use existing on the effective date hereof;

      (2)   To require the removal, lowering or other change of any structure that does not conform to this division on the effective date hereof, including all phases or elements of a multiphase structure, regardless of whether actual construction has commenced, that received a determination of no hazard by the FAA before the effective date hereof;

      (3)   To require the removal, lowering or other change of an object of natural growth that does not conform to this division on the effective date hereof; or

      (4)   To interfere with the continuation of a use that does not conform to this division on the effective date hereof.

   (b)   Marking and lighting. Notwithstanding the provisions of subsection (a) above, the director or the Fort Worth Alliance Airport board of adjustment may, in its reasonable discretion, require, as a condition to the issuance of a permit by the director or the grant of a variance by the board, that the owner of a structure or object of natural growth allow the installation, operation and maintenance thereon of any markers and lights that the director or board deems necessary to indicate to the operators of aircraft in the vicinity of the airport the presence of an airport hazard. Such markers and lights shall be installed, operated and maintained at the expense of the city.

   (c)   Abandonment or destruction.

      (1)   Whenever the director determines that a legal nonconforming use of a structure has been discontinued or abandoned for a continuous period exceeding 12 calendar months, such discontinued or abandoned use shall not thereafter be resumed, continued or reestablished.

      (2)   Whenever the director determines that a legal nonconforming structure ceases to be used in a bona fide manner for a period exceeding 12 calendar months, such nonconforming structure shall not thereafter be used or occupied until such structure fully complies with this division.

      (3)   Whenever the director determines that a legal nonconforming object of natural growth has been abandoned for a period exceeding 12 calendar months, such nonconforming object of natural growth shall not thereafter be allowed to remain unless it fully complies with this division.

      (4)   Whenever the director determines that more than 75% of a legal nonconforming structure or legal nonconforming object of natural growth has been destroyed or torn down or become physically deteriorate or decayed, such nonconforming structure or nonconforming object of natural growth shall not be rebuilt, repaired or replaced in violation of this division.

      (5)   A legal nonconforming use, if changed to a conforming use, shall not thereafter be changed back to a nonconforming use.

(Ord. 10121, § 2, passed 6-2-1988)

§ 3-269 PERMITS.

   (a)   Permit required. The owner of any property located within the development zone or the airport height control area shall obtain a permit issued by the director before:

      (1)   A nonconforming structure may be replaced, rebuilt, substantially changed or substantially repaired;

      (2)   A nonconforming object of natural growth may be replaced, substantially changed, allowed to grow higher or replanted;

      (3)   A new structure is constructed; or

      (4)   An existing structure is substantially repaired or substantially changed.

   (b)   Issuance of permits. Except as prohibited by subsection (c) below, the director shall issue a permit if the owner files an application certifying the use to which the property will be put (which certified use must be permitted by this division) and including reasonable written evidence that the height of all structures and objects of natural growth are in compliance with this division. The permits required by this section are in addition to, and not in lieu of, any other permits required by the city or by any other city located within the airport height control area or development zone. The director shall act upon each permit application within 15 calendar days from the filing date thereof. If a permit application has not been disapproved by the director in writing within such 15-day period, the permit application shall be deemed to have been approved by the director. A certificate showing the filing date of a permit application and the failure to disapprove same within the period herein required shall on demand be immediately issued by the director, and such certificate shall be sufficient in lieu of any other evidence of permit application approval otherwise provided by the director. The director shall not impose any charge or fee for obtaining a permit applicable to property located within the corporate limits of another city or town without the prior consent of such city or town.

   (c)   No permits allowed for certain uses. The director shall have no power or authority to issue a permit that allows:

      (1)   The creation or establishment of an airport hazard;

      (2)   Any use prohibited by this division;

      (3)   A nonconforming structure or nonconforming object of natural growth to become higher than it was as of the effective date hereof or at the time of the application for the permit; or

      (4)   A nonconforming structure or nonconforming object of natural growth to become a greater hazard to air navigation that it was as of the effective date hereof or at the time of the application for the permit.

(Ord. 10121, § 2, passed 6-2-1988)

§ 3-270 BOARD OF ADJUSTMENT.

   (a)   Creation of the board.

      (1)   The existing zoning board of adjustment for the city is hereby designated as the Fort Worth Alliance Airport board of adjustment (hereinafter called the “board”). The board shall adopt rules consistent with this division and the Act. The board may set reasonable fees for the applications filed before it. Meetings of the board shall be held at the call of the chairperson and at other times as determined by the board. The chairperson or acting chairperson may administer oaths and compel the attendance of witnesses. All hearings of the board shall be open to the public. The board shall keep records of its examinations and other official actions, including minutes of its proceedings indicating the vote of each member on each question or indicating a member’s absence or failure to vote. Minutes and records shall be public documents and shall be filed immediately in the board’s office. The board shall have and exercise the following (and only the following) powers:

         a.   To hear and decide appeals from an order, requirement, decision or determination made by the director in the enforcement or administration of the airport height control area zoning regulations and airport compatible land use zoning regulations contained in this division; and

         b.   To hear and decide specific variance applications under this division.

      (2)   The concurring vote of at least four-fifths of the members of the board shall be necessary to reverse any order, requirement, decision or determination of the director or to grant a variance under this division.

   (b)   Appeal to the board.

      (1)   An order, requirement, decision or determination made by the director in the enforcement or administration of this division may be appealed to the board by:

         a.   A person aggrieved by the order, requirement, decision or determination;

         b.   A taxpayer affected by the order, requirement, decision or determination; or

         c.   The city council if the council believes the order, requirement, decision or determination is an improper application of this division.

      (2)   The appellant must file with the board and with the director a notice of appeal, specifying the grounds for such appeal, within a reasonable time as determined by the rules of the board. Upon receipt of the appellant’s notice, the director shall immediately transmit to the board copies of all papers constituting the director’s record of the action that is the subject of the appeal.

      (3)   An appeal stays all proceedings in furtherance of the action that is the subject of the appeal unless the director certifies in writing to the board facts supporting the opinion of the director that a stay would cause imminent peril to life or property. In such case, the proceedings may be stayed only by an order of the board, after notice to the director, if due cause is shown.

      (4)   The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal within a reasonable time as determined by the rules of the board.

      (5)   The board may reverse or affirm, in whole or in part, or modify the director’s order, requirement, decision or determination from which the appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the board has the same authority as the director.

      (6)   The board shall file as part of its records written conclusions stating the facts upon which it relied when reversing, affirming or modifying any order, requirement, decision or determination of the director or when granting or denying any variance under this division.

(Ord. 10121, § 2, passed 6-2-1988)

Cross-reference:

   Zoning board of adjustment, see App. A, § 2.101

§ 3-271 VARIANCES.

   (a)   Any person who desires to erect or increase the height of a structure, permit growth of an object of natural growth or otherwise use property located within the development zone or the airport hazard area in violation of the height restrictions imposed by this division or in violation of the use restrictions imposed by § 3-265(d), (e) or (f) of this division may apply to the board for a variance.

   (b)   The board shall allow a variance from the height restrictions imposed by this division or from the use regulations imposed by § 3-265(d), (e) of (f) of this division if:

      (1)   A literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship; and

      (2)   The granting of the relief would:

         a.   Result in substantial justice being done;

         b.   Not be contrary to the public interest; and

         c.   Be in accordance with the spirit of this division and the Act; provided, however, the board may impose any reasonable conditions (including, but not limited to, the conditions described in § 3-268(b) hereof) on the granting of the variance that the board considers necessary to accomplish the purposes of the Act.

(Ord. 10121, § 2, passed 6-2-1988)

§ 3-272 JUDICIAL REVIEW.

   Any person who is aggrieved or any taxpayer who is affected by a decision of the board, or the city council if the council believes that a decision of the board is illegal, may appeal to a court of competent jurisdiction as provided under Tex. Local Government Code Chapter 241, Subchapter D.

(Ord. 10121, § 2, passed 6-2-1988)

§ 3-273 ENFORCEMENT AND REMEDIES.

   The city council may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this division or any violation of any order, requirement, decision or determination made by the director in connection with the administration or enforcement hereof, including, but not limited to, an action for injunctive relief as provided by Tex. Local Government Code § 241.044.

(Ord. 10121, § 2, passed 6-2-1988)

§ 3-274 PENALTIES.

   Each violation of this division shall constitute a misdemeanor and, upon conviction, shall be punishable by a fine of not more than $1,000. Each day that a violation continues to exist shall constitute a separate offense. Jurisdiction for any offense providing a criminal penalty hereunder shall be in the municipal court of the city.

(Ord. 10121, § 2, passed 6-2-1988)