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(1) New residential, commercial, industrial, institutional or recreational buildings or <br />structures intended for habitation or occupancy by humans or animals, or <br />(2) For expansions of such buildings or structures by the lesser of 50 percent or 1,000 <br />square feet, whichever is less. <br />The avigation easement shall be in a form acceptable to the City of Paris, Texas, and <br />shall be signed and recorded in the deed records of the County in which the subject <br />property lies. The avigation easement shall allow unobstructed passage for aircraft and <br />ensure safety and use of the airport for the public. Property owners or their <br />representatives are responsible for providing the recorded instrument prior to issuance <br />of building permits. <br />(B) REAL ESTATE DISCLOSURES <br />The Paris, Texas, City Council, shall as a condition of any residential development <br />approval required by this Ordinance, require all residential property owners to disclose <br />the fact of the property's location in an airport land use compatibility zone to all future <br />prospective purchasers of the property. Such disclosure, if required, shall include <br />notice of the potential for adverse noise, overflight, or safety impacts from the <br />property's vicinity to a public airport. (See a sample real estate disclosure notice <br />below.) <br />Sample Real Estate Disclosure Notice: <br />Notice of airport in vicinity: This property is presently located near an airport, within <br />what is known as an airport [land use compatibility zone or air space zone or noise <br />contour]. For that reason, the property may be subject to some of the annoyances or <br />inconveniences associated with proximity to airport operations (for example: <br />overflights, noise, vibration, or odors). Individual sensitivities to those annoyances can <br />vary from person to person. The Buyer may wish to consider what airport annoyances, <br />if any, are associated with the property before you complete your purchase and <br />determine whether they are acceptable to you. <br />SECTION 15: APPEALS <br />(A) RIGHT TO APPEAL <br />Any person, property owner, or taxpayer impacted by any decision of this Ordinance, <br />may appeal to the Paris City Council. Appeals may also be made by any governing <br />body of a municipality, county, or airport zoning board alleging that a decision of the <br />Paris City Council is an improper application of this Ordinance. <br />(B) PROCEDURE FOR APPEALS <br />The procedure for appeals shall conform to said requirements within the existing City <br />of Paris, Texas, Zoning Ordinance, and which from time to time may be amended. <br />42 <br />