Fort Worth City Code § 3-260 SHORT TITLE.
§ 3-260 SHORT TITLE.
This division shall be known and may be cited as the “Fort Worth Alliance Airport Fort Worth Overlay Zoning District.”
(Ord. 10121, § 2, passed 6-2-1988)
FORT WORTH ALLIANCE AIRPORT ZONING OVERLAY DISTRICT
Fort Worth City Code ch. 3, art. VI, div. 4
in effectFort Worth City Code § 3-261 DEFINITIONS.
§ 3-261 DEFINITIONS.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ACT. The Airport Zoning Act, Tex. Local Government Code Chapter 241, as amended.
AIRPORT. The area of land located within the City of Fort Worth referred to as the Fort Worth Alliance Airport which is designed and set aside for the landing and taking off of aircraft, and used or to be used in the interest of the public for such purpose. The term includes an area with installations relating to flights, including installations, facilities and bases of operations for tracking flights or acquiring data concerning flights.
AIRPORT HAZARD. A structure or object of natural growth that obstructs the airspace required for the taking off, landing and maneuvering of aircraft or that interferes with visual, radar, radio or other systems for tracking, acquiring data relating to, monitoring or controlling aircraft.
AIRPORT HEIGHT CONTROL AREA. The Fort Worth Alliance Airport height control area more particularly described on Exhibit “A” to Ord. 10121.
CITY. The City of Fort Worth, Texas.
COMPATIBLE LAND USE. A use of land adjacent to the airport that does not endanger the health, safety or welfare of the owners, occupants or users of the land because of levels of noise or vibrations or the risk of personal injury or property damage created by the operations of the airport, including the taking off and landing of aircraft.
COVERAGE. The percentage of gross lot area covered by a roof, floor or other structure.
DEVELOPMENT ZONE. The Fort Worth Alliance Airport development zone more particularly described on Exhibit “B” to Ord. 10121.
DIRECTOR. The director of the planning and development department of the city, or his or her designee.
FORT WORTH DEVELOPMENT ZONE. That portion of the development zone located within the corporate limits of the city.
FLOOR AREA RATIO. The quotient of the net floor area divided by the gross lot area.
GROSS LOT AREA. The total ground area of the site, from property line to property line, including any ground area subject to any easement or license.
NET FLOOR AREA. The area in the various floors of a building, measured between the exterior faces of the building, including mezzanines and interior balconies, but excluding:
(1) All basements, sub-basements and cellars whose ceilings are at or below grade (ground level of the finished building);
(2) All interior spaces devoted exclusively to vehicular parking and loading and all access ramps and maneuvering areas accessory thereto;
(3) All arcades which have at least a 14 foot ceiling and are open to public traverse during the normal business hours of the building;
(4) All courts;
(5) All shafts as defined in the building code of the city;
(6) All stairwells; and
(7) Customary accessory uses such as elevator penthouses or bulkheads, mechanical equipment cooling towers or tanks and ornamental cupolas and domes erected on the top of a building.
OBSTRUCTION. A structure, growth or other object, including a mobile object, that exceeds a limiting height established by federal regulations or by this division.
SITE. The total area of a lot or tract of land, from property line to property line, including any land subject to any easement or license. A SITE shall be a homogeneous parcel under single ownership or unified control.
STRUCTURE. An object constructed or installed by one or more persons and includes a building, tower, smokestack and overhead transmission line.
ZONING MAP. The “Fort Worth Alliance Airport Zoning Map.”
(Ord. 10121, § 2, passed 6-2-1988; Ord. 17522, § 5, passed 4-24-2007)
Fort Worth City Code § 3-262 INCORPORATION OF ZONING MAPS.
§ 3-262 INCORPORATION OF ZONING MAPS.
The zoning maps, including legal descriptions of the airport height control area and the airport development zone, marked Exhibit “A” and Exhibit “B,” respectively, to this division, are hereby incorporated in this division and attached to this division for all purposes incident to the administration and enforcement of this division.
(Ord. 10121, § 2, passed 6-2-1988)
Editor’s note:
Exhibit “A” and Exhibit “B” to Ord. 10121, the ordinance enacting this division, are not included herein but are kept on file and available for public inspection at the office of the city clerk.
Fort Worth City Code § 3-263 GENERAL PROVISIONS.
§ 3-263 GENERAL PROVISIONS.
(a) This division imposes airport compatible land use zoning regulations on the development zone that are in addition to existing or future use regulations, if any, applicable in the development zone because of any underlying zoning classifications enacted by any political subdivision. All uses permitted by any underlying zoning classifications shall be permitted in the development zone unless such uses are prohibited by this division or are otherwise in conflict with or are inconsistent with this division, in which case this division shall control.
(b) This division imposes airport height control area zoning regulations on the airport height control area that are in addition to existing or future height regulations, if any, applicable in the airport height control area because of any underlying zoning classifications enacted by any political subdivision. All height regulations imposed by any underlying zoning classifications shall apply in the airport height control area unless such regulations are in conflict with or are inconsistent with this division, in which case:
(1) If the conflict or inconsistency affects land in the development zone, this shall control; or
(2) If the conflict or inconsistency affects land outside the development zone, the more stringent regulations shall control.
(Ord. 10121, § 2, passed 6-2-1988)
Fort Worth City Code § 3-264 DEVELOPMENT ZONE AND AIRPORT HEIGHT CONTROL AREA.
§ 3-264 DEVELOPMENT ZONE AND AIRPORT HEIGHT CONTROL AREA.
The airport height control area zoning regulations set forth in this division shall apply to the airport height control area. The airport compatible land use zoning regulations set forth in this division shall apply to the development zone.
(Ord. 10121, § 2, passed 6-2-1988)
Fort Worth City Code § 3-265 COMPATIBLE LAND USE REGULATIONS.
§ 3-265 COMPATIBLE LAND USE REGULATIONS.
(a) All uses from time to time permitted by any underlying zoning classifications, if any, enacted by political subdivisions and applicable to the development zone shall be permitted in the development zone except the following uses which are prohibited in this development zone:
(1) All residential uses; provided, however, residential uses that are incidental to or ancillary to the operation of the airport or to the conduct of the aviation-related activities, including for example and without limitation, crew rest quarters and temporary housing for aviation trainees permitted by this division, shall be permitted as a matter of right in the development zone;
(2) Kindergarten through twelfth grade educational uses and child care facilities. All other educational uses, including, without limitation, colleges and universities, including courses offered by colleges and universities which serve as credit for both college degree programs and high school graduation, facilities for employee or client training, schools for flight instruction and vocational schools shall be permitted as a matter of right in the development zone; and
(3) Hospitals; nursing homes, institutions or any other facilities providing convalescent or rehabilitative care; establishments for the care, treatment or rehabilitation of alcoholic, narcotic or psychiatric patients; residence homes for the aged; and institutions, homes or rehabilitation centers for persons convicted of crimes; provided, however, notwithstanding anything contained herein in the contrary, medical, dental or optical clinics for the examination, consultation or treatment of patients, medical laboratories, establishments for the sale or rental of or industrial facilities for the manufacture of medical or optical supplies and equipment, pharmacies, veterinarian clinics and related facilities, emergency medical facilities operated by or in connection with the airport shall be permitted as a matter of right in the development zone.
(b) Heliports, helistops and any other facilities for the landing and taking off of helicopters, and accessory uses thereto, shall be permitted as a matter of right in the development zone; provided, however, no heliport, helistop or other facility for the landing and taking off of helicopters shall be located within 1,000 feet of any church, library or public park. The city council may, however, approve the location of a heliport, helistop or other facility for the landing and taking off of helicopters that is less than 1,000 feet from any church, library or public park.
(c) Hotels and motels shall be permitted as a matter of right in the development zone without the imposition of limitations or conditions.
(d) No use may be made of land or water within the development zone that will create electrical interference with navigational signals or radio communication between the airport and aircraft, or that will create interference with any internavigation facility, airport visual approach or landing aid, aircraft arresting device or meteorological device, or that will make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, taking off or maneuvering of aircraft using the airport.
(e) Setback requirements applicable in the Fort Worth development zone shall be as follows.
(1) Front yard setback. If the site contains two acres or less, a minimum front yard of 30 feet shall be required; if the site contains more than two acres, a minimum front yard of 50 feet shall be required.
(2) Rear yard setback. A minimum rear yard of 25 feet shall be required.
(3) Side yard setback. A minimum side yard of 25 feet shall be required for at least one side yard. If one side yard measures at least 25 feet, the other side yard may be reduced to a minimum of ten feet.
(f) Landscaping requirements applicable in the Fort Worth development zone shall be as follows. A minimum of 5% of the aggregate gross area in required front, side and rear yards shall be landscaped in such a way as to preserve and enhance natural beauty, environment and open space.
(g) Site plan requirements applicable in the Fort Worth development zone shall be as follows. As a condition to obtaining a building permit, a property owner shall submit to the city a site plan or development plan evidencing the compliance of any proposed structure with applicable zoning code and building code requirements of the city. The city shall approve all plans that evidence compliance with applicable zoning code and building code requirements.
(h) No coverage requirements shall be applicable in the Fort Worth development zone.
(Ord. 10121, § 2, passed 6-2-1988; Ord. 18103-05-2008, § 1, passed 5-20-2008)
Fort Worth City Code § 3-266 HEIGHT REGULATIONS.
§ 3-266 HEIGHT REGULATIONS.
All structures hereafter erected, reconstructed, altered or enlarged in the airport height control area, and all objects of natural growth placed, replaced, planted, replanted or altered in the airport height control area, shall comply with height restrictions, rules and regulations from time to time promulgated by the Federal Aviation Administration (the “FAA”). The airport height control area shown on the zoning map is hereby adopted and shall be automatically amended from time to time to be in conformity with the height regulations, restrictions and rules promulgated from time to time by the FAA. Except as limited by the foregoing FAA height restrictions, rules and regulations, all structures located in the Fort Worth development zone may be erected, reconstructed, altered or enlarged to a height limited only be a floor area ratio of 12.0.
(Ord. 10121, § 2, passed 6-2-1988)
Fort Worth City Code § 3-267 ADMINISTRATIVE AGENCY.
§ 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)
Fort Worth City Code § 3-268 NONCONFORMING USES AND STRUCTURES.
§ 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)
Fort Worth City Code § 3-269 PERMITS.
§ 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)
Fort Worth City Code § 3-270 BOARD OF ADJUSTMENT.
§ 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
Fort Worth City Code § 3-271 VARIANCES.
§ 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)
Fort Worth City Code § 3-272 JUDICIAL REVIEW.
§ 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)
Fort Worth City Code § 3-273 ENFORCEMENT AND REMEDIES.
§ 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)
Fort Worth City Code § 3-274 PENALTIES.
§ 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)
Fort Worth City Code § 3-275 through 3-279 RESERVED.
Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-4091Fetched: 10/26/2026