Fort Worth City Code § 3-191 SHORT TITLE.
§ 3-191 SHORT TITLE.
This article shall be known and may be cited as the “Airport Zoning Ordinance of the Dallas-Fort Worth International Airport.”
(Ord. 6687, § 1, passed 6-19-1972)
DALLAS-FORT WORTH INTERNATIONAL AIRPORT
Fort Worth City Code ch. 3, art. VI, div. 2
in effectFort Worth City Code § 3-192 DEFINITIONS.
§ 3-192 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.
ADMINISTRATIVE AGENCIES. Those agencies which have the responsibility for the administration and enforcement of this division.
AIRPORT. The Dallas-Fort Worth International Airport, located in Dallas and Tarrant Counties, Texas.
AIRPORT ELEVATION. The established elevation of the highest point on the usable landing area, such elevation being 606 feet above mean sea level.
AIRPORT HAZARD. 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.
AIRPORT HAZARD AREA. Any area of land or water under the imaginary surfaces as established in § 3-194 upon which an airport hazard might be established if not prevented as provided in this division.
AIRPORT ZONE. The space between the earth’s surface and the imaginary surfaces as established in § 3-194.
BOARD OF ADJUSTMENT. A board consisting of five members appointed by the joint airport zoning board as provided by state law, specifically Tex. Transportation Code Ch. 22.
HEIGHT. For the purpose of determining the height limits in all zones set forth in this division and shown on the zoning map, the datum shall be measured in mean sea level elevation unless otherwise specified.
INSTALLATION. Any electronic or visual interference that is not included within the definition of structure or tree.
JOINT AIRPORT ZONING BOARD. A board having as members two representatives appointed by each political subdivision participating in its creation and in addition a chairperson elected by a majority of the members so appointed.
NONCONFORMING USE. 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 such regulation.
POLITICAL SUBDIVISION. Any municipality, city, town, village or county.
RUNWAY. The paved surface of an airport designated for the landing and taking off of aircraft.
STRUCTURE. An object permanent, or temporarily constructed or installed by humans, including, but without limitation, buildings, towers, smokestacks and overhead transmission lines.
TREE. Any object of natural growth.
ZONING MAP. “The Hazard Zoning Maps Of The Joint Airport Zoning Board For The Dallas-Fort Worth International Airport.”
(Ord. 6687, § 2, passed 6-19-1972)
Cross-reference:
Definitions and rules of construction generally, see § 1-2
Fort Worth City Code § 3-193 INCORPORATION OF HAZARD ZONING MAPS.
§ 3-193 INCORPORATION OF HAZARD ZONING MAPS.
The hazard zoning maps for the Dallas-Fort Worth International Airport, prepared by the engineering and architectural firm of Tippetts-Abbott-McCarthy-Stratton, consisting of 20 pages and dated December, 1970, is hereby incorporated by reference and made a part of this division for all purposes.
(Ord. 6687, § 3, passed 6-19-1972)
Fort Worth City Code § 3-194 IMAGINARY SURFACES.
§ 3-194 IMAGINARY SURFACES.
(a) The following imaginary surfaces are established to implement the provisions of this division.
(b) The dimensions, elevations above mean sea level, slopes and radii applicable to the imaginary surfaces shall be as shown on the zoning map.
(1) 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 surface is the same as the elevation of the nearest point on the runway centerline.
(2) Horizontal surface. A horizontal plane surface 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified 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.
(3) Conical surface. A surface extending outward and upward from the entire perimeter of the horizontal surface, at a specified slope and for a specified distance.
(4) Approach surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface for a specified distance at a specified slope, and expands its horizontal dimension uniformly to a specified width.
(5) Transitional surfaces. A surface extending outward and upward at right angles to the runway centerline and the runway centerline extended at a specified slope from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the conical surfaces extend a specified distance measured horizontally from the edge of the approach surface and at right angles to the runway centerline.
(Ord. 6687, § 4, passed 6-10-1972)
Fort Worth City Code § 3-195 HEIGHT LIMITATIONS.
§ 3-195 HEIGHT LIMITATIONS.
Except as otherwise may be provided in this division, no structure, 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.
(Ord. 6687, § 5, passed 6-19-1972)
Fort Worth City Code § 3-196 USE RESTRICTIONS.
§ 3-196 USE RESTRICTIONS.
Notwithstanding any other provision of this division, no use may be made of land or water nor installation placed on land or water within the airport hazard area that will create 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 glass panels used in the construction of structures; or that will impair visibility in the vicinity of the airport, attract birds 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.
(Ord. 6687, § 6, passed 6-19-1972)
Fort Worth City Code § 3-197 EXISTING NONCONFORMITIES.
§ 3-197 EXISTING NONCONFORMITIES.
Structures, trees or installations existing prior to the effective date of these regulations which do not conform to the requirements of this division shall be considered as legal nonconforming uses. This division shall not be construed to require the removal, lowering, change or alteration of any legal nonconforming use structure, tree or installation. A permit shall be required for a legal nonconforming use and shall be issued on application of the owner or agent accompanied by affidavit that the use, structure, tree or installation was in existence on the effective date of these regulations. Application for permits for nonconforming users shall be made within 180 days from the effective date of these regulations.
(Ord. 6687, § 7, passed 6-19-1972)
Fort Worth City Code § 3-198 PERMITS REQUIRED.
§ 3-198 PERMITS REQUIRED.
Before any new structure or use which could be defined as an airport hazard under this division 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 or her agent. All permit applications shall be made to the administrative agency having jurisdiction, or their designated representatives under § 3-202. If any administrative agency issues a permit erroneously allowing the beginning of erection of any structure or tree, such permit shall not constitute a variance or be construed in any manner to allow any person to penetrate the imaginary surfaces established. It will 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 division. When such permits are requested for construction and/or alteration within the city limits of a municipality the administrative agency having jurisdiction shall be the municipality itself and the county administrative agency shall have no jurisdiction within the city limits of municipalities.
(Ord. 6687, § 8, passed 6-19-1972)
Fort Worth City Code § 3-199 NOTICE TO FAA.
§ 3-199 NOTICE TO FAA.
Nothing in this division shall be construed as relieving any owner, sponsor or agent from the requirement for filing a notice of proposed construction or alteration with the appropriate Federal Aviation Administration authority.
(Ord. 6687, § 9, passed 6-19-1972)
Fort Worth City Code § 3-200 VARIANCES.
§ 3-200 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 or her property in violation of this division 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 regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of this division; provided that any variances allowed shall be subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of this division.
(Ord. 6687, § 10, passed 6-19-1972)
Fort Worth City Code § 3-201 HAZARD MARKING AND LIGHTING.
§ 3-201 HAZARD MARKING AND LIGHTING.
Any permit granted under this division may, if such action is deemed advisable to effectuate the purposes of this division and reasonable in the circumstances, be so conditioned as to require the owner of the structure, tree or installation in question to permit the proper 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.
(Ord. 6687, § 11, passed 6-19-1972)
Fort Worth City Code § 3-202 ADMINISTRATIVE AGENCIES.
§ 3-202 ADMINISTRATIVE AGENCIES.
(a) The administration and enforcement of all regulations adopted by the joint airport zoning board is vested in the governing bodies of each of the political subdivisions represented on the board, and who have adopted the regulations each respectively by ordinance.
(b) Each political subdivision shall:
(1) Establish its own administrative and enforcement agency;
(2) Designate another political subdivision to administer and enforce this division in its behalf; or
(3) Request the joint airport zoning board to designate an agency to act in this capacity in its behalf.
(Ord. 6687, § 12, passed 6-19-1972)
Fort Worth City Code § 3-203 RULES OF PROCEDURE.
§ 3-203 RULES 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.
(Ord. 6687, § 13, passed 6-19-1972)
Fort Worth City Code § 3-204 BOARD OF ADJUSTMENT.
§ 3-204 BOARD OF ADJUSTMENT.
(a) There is hereby created a board of adjustment to have and exercise the following powers:
(1) To hear and decide appeals from any order, requirement, decision or determination made in the enforcement of this division;
(2) To hear and decide special exceptions to the terms of this division upon which such board of adjustment may be required to pass by subsequent regulations; and
(3) To hear and decide specific variances.
(b) The board of adjustment shall consist of five members, each to be appointed for a term of two years and removable for cause upon written charges and after public hearing. All vacancies shall be filled by appointment of new members by the joint airport zoning board. The chairperson of the board of adjustment will be elected by the members and from the members of the board of adjustment.
(c) The board of adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this division. Meetings of the board of adjustment shall be held at the call of the chairperson and at such times as the board of adjustment shall determine. The chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment shall be public. 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 examinations and other official actions, all of which shall immediately be filed in the office of the board of adjustment, and shall be a public record.
(Ord. 6687, § 14, passed 6-19-1972)
Fort Worth City Code § 3-205 APPEALS.
§ 3-205 APPEALS.
(a) Any person aggrieved, or taxpayer affected, by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this division, 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 administrative agency is an improper application of airport zoning regulations of concern to such governing body or board, may appeal to the board of adjustment authorized to hear and decide appeals from the decisions of such administrative agency.
(b) All appeals taken under this section must be taken within a reasonable time, as provided by the rules of the board 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.
(c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative agency certified to the board of adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent perils to life or property. In such case, proceedings shall not be stayed otherwise than by order of the board of adjustment on notice to the administrative agency and on due cause shown.
(d) 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 reasonable time. Upon hearing, any party may appeal in person or by agent or by attorney.
(e) The board of adjustment may, in conformity with the provisions of this division, reverse or affirm, wholly or partly, or modify, the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrative agency.
(f) The board of adjustment shall make written findings of fact and conclusions of law, giving the facts upon which it acted and its legal conclusion from such facts in reversing or affirming, or modifying any order, requirement, decision or determination which comes before it under the provisions of this division.
(g) The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of the administrative agency or to decide in favor of the applicant on any matter upon which it is required to pass under this division or to effect any variation in this division.
(Ord. 6687, § 15, passed 6-19-1972)
Fort Worth City Code § 3-206 JUDICIAL REVIEW.
§ 3-206 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 administrative agency which is of the opinion that a decision of the board of adjustment is illegal may, within ten days after the decision is filed in the office of the board, present a verified petition to a court of competent jurisdiction for relief in a manner as provided in Tex. Revised Civil Statutes Article 46e-11(1).
(Ord. 6687, § 16, passed 6-19-1972)
Fort Worth City Code § 3-207 ENFORCEMENT AND REMEDIES.
§ 3-207 ENFORCEMENT AND REMEDIES.
In addition, the political subdivision or agency adopting the zoning regulations in this division may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of such 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.
(Ord. 6687, § 17, passed 6-19-1972)
Fort Worth City Code § 3-208 PENALTIES.
§ 3-208 PENALTIES.
Each violation of this division or of any regulation, order or ruling promulgated under this division shall constitute a misdemeanor and be punishable as provided in § 1-6. Jurisdiction for any offense providing a criminal penalty under this division shall lie in the municipal court in the municipality in which the violation occurs; however, if the offense in an area not incorporated within a municipality, jurisdiction shall lie in the justice of the peace court of the precinct in which the offense occurs.
(Ord. 6687, § 18, passed 6-19-1972)
Fort Worth City Code § 3-209 EFFECT OF CONFLICT WITH OTHER ORDINANCES OR REGULATIONS.
§ 3-209 EFFECT OF CONFLICT WITH OTHER ORDINANCES OR REGULATIONS.
Where this division imposes a greater or more stringent restriction upon the use of land, height of a structure or tree, or the establishing or maintaining of any other airport hazard as defined in this division, than is imposed by other ordinances or regulations applicable to the same area or location, the provisions of this division shall govern and prevail.
(Ord. 6687, § 19, passed 6-19-1972)
Fort Worth City Code § 3-210 AMENDMENTS.
§ 3-210 AMENDMENTS.
This division may be amended or changed by the joint airport zoning board for the Dallas-Fort Worth International Airport except as otherwise provided by the Airport Zoning Act, Tex. Revised Civil Statutes Article 46e, after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days’ notice of the hearing shall be published in an official paper, or a paper of general circulation, in the political subdivision in which is located the airport hazard area.
(Ord. 6687, § 21, passed 6-19-1972)
Fort Worth City Code § 3-211 through 3-225 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/0-0-0-3892Fetched: 10/26/2026