2014-030 Cox Field Planned Development Airport Zoning Ordinance

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SECTION 16: PENALTIES Any person who shall construct, establish, substantially change, alter, or repair any existing structure or use, or permit the growth of any tree, in violation of this Ordinance or who, having been granted a permit or variance under the provisions of this ordinance, shall construct, establish, substantially change, or substantially alter, or repair any existing growth or structure or permit the growth of any tree contrary to the terms and conditions contained in such permit or variance, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $2,000.00 per day. Each day a violation continues to exist shall constitute a separate offense. The City Manager or his/her designee may enforce all provisions of this Ordinance through such proceedings for injunctive relief and other relief as may be proper under the laws of the State of Texas and all other applicable law. SECTION 17: CONFLICTING REGULATIONS Where there exists a conflict between any of the regulations or limitations prescribed in this Ordinance and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or regulation shall govern and prevail. SECTION 18: SEVERABILITY Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the parts so declared to be unconstitutional or invalid. In any case in which the provisions of this Ordinance, although generally reasonable, is held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the constitution of this state or the constitution of the United States, such holding shall not affect the application of this Ordinance as to other structures and parcels of land, and to this end, the provisions of this Ordinance are declared to be severable. SECTION 19: DEFINITIONS As used in this Ordinance, the meaning of each term defined in this Section 19 shall be as indicated below, unless the context otherwise requires. This list of definitions draws primarily from the FAA's definitions of terms as used in advisory circulars and other published materials.. A. Agricultural and Resource Extraction Uses. A use category that includes the following land uses: (1) Any land used primarily for the production of crops or livestock including irrigated meadows, irrigated and dry pasture, irrigation ditches, stock drive routes, lands used for barns, corrals and storage of crops or agricultural products, but not including lands used primarily for the production of commercial timber; or (2) Land uses involved in the process of (1) removing or extracting minerals and building stone from naturally occurring veins, deposits, bodies, beds, streams, fields, pools or other concentrations in the earth's crust, including the preliminary treatment of such ore or building stone; and (2) the extraction, exploration or production of oil or natural gas resources, including oil and gas wells and accessory offices, storage buildings, rig camps and gas transmission lines. 43