HomeMy WebLinkAboutOrdinance 962 A r
� ORDINANCE
AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERMr. IN THE VICINITY OF
THE Fayetteville Mnnioiyal AIRPORT,
BY CREATING AIRPORT APPROACH, TRANSITION, AND TURNING ZONES ANL ESTABLISHING THE
BOUNDARIES THEREOF; PROVIDING CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH
ZONES ; DEFINING CERTAIN TEMS USED HEREIN ; PROVIDING FOR ENFORM ENT; AND DAPOSII•IG
PENALTIES .
In pursuance of the authority conferred by The Airport Zoning Enabling Act,
Act 116, Acts of Arkansas , 1941, and for the purpose of promoting the public
health, safety, and general welfare, by preventing the creation or establishment of
airport hazards, thereby protecting the lives and property of users of the
Fayetteville Muldoipal Airport.,
and of occupants of land in its vicinity and preventing destruction or impairment
of the utility of the Airport and the public investment therein ;
BE IT ORDAINED BY THE city CioMoil
OF THE CITY OF Fayetteville& Arkansas
Section . 1 . Short Title. This ordinance shall be known and may be cited as
the "Airport Zoning Ordinance of Fayetteville , Arkansas . !'
' Section 2. Definitions . As used in this ordinance , unless the context other-
` wise requires :
(1) "Airport" means Fayetteville Munioipal Airport.
( 2) "Airport hazard" means any structure or tree or use of land which obstructs
the air space 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.
(3) "Non-conforming use" means any structure , tree, or use of land which does
not conform to a regulation prescribed in this ordinance or an amendment thereto,
as of the effective date of such regulation.
(4) "Person" means any individual , firm, copartnership, corporation, company,
association, joint stock association or body. politic, and includes any trustee , .
receiver, assignee, or other similar representative thereof ,
( 5) "Structure " means any object constructed or installed by man, including
but without limitation, buildings , towers , smoke-stacks , and overhead transmission
lines ,
( 6) "Landing Strip" means the area of the Airport used for the landing, take-
.
off, or taxiing of aircraft.
(7 ) " Tree" means any object of natural growth.
MiCROF0.M�
• DATE,-a�91b•
REED
Section 3. Establishing Airport Hazard Area : For the purposes of this
Ordinance, an area of land and water within a radius of 12#0609
of a point hereinafter described and established , is hereby, declared to be
the airport hazard area , and the whole of such area is made subject hereto .
Section 4 . Radius Point of 8eyretteyille Hnnici'al Airport
Hazard area . .
A point which Is Brest 6801s more or lose, from the center of Section a,
Twmehip 16 North, Range 30 West, thence Borth goofs more or lees, to� a
point on the center line of the North.8outh rummy#
is hereby established as the radius point of the Fayetteville Nunioipal
Airport hazard area.
Section 5 . Division of Airport Hazard Areas in the Zones . The Airport
hazard area is hereby divided into separate zones as follows : Airport Approach
Zones, Transition 71ness and Turning Zones . Such zones are determined by
reference to surface areas and by height and use limitations.
Section 6. Designation of Landing Strips . For the purpose of fixing and
determining the locations and restrictions of surface zones , certain landing
areas or strips are hereby designated and declared upon the surface area of
the airports as follows :
1
NORTNrSOUM RMWAY
The North.South landing strip consists of a rectangular area 6009 wide
and 300000 long, the center line of which is located 260f each side of
the landing etlip and such center line In also the center line of an
existing 1001 wide and 3,000• long paved runways the North and South
ends of said landing strip centerline being specifically described as
Pollow$$
Beginning at the Radius Point described in Section 6 above#
thence $ 10? 630 20° R 16009 , more or lees, to a point which
is the North end of the Northo3outh landing strip centerline
thence 8 100 631 20e S a distamse of 3000• to a point which is
the South and of the North.South landing strip centerline .
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Section 6 . Designation of landing Strips ( Continued)
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Section 7 . Schematic ' Drawing Attached - Purposes Thereof . Attached here-
to and made a part hereof for limited purposes is a schematic drawing, Exhibit
A. relating to . Fayetteville 8unioipal Airport .
Its purpose and use is restricted to verifying the meaning and explaining this
ordinance only as to the general plan and principals involved in determining
the location and areas of the various zones . It is drawn only to an approxi-
mate scale and upon an assumed level of surface elevations , and shall not
govern in establishing an exact point or boundary line .
Section 6 . Approach Zone Surface Areas . There are hereby established
and declared to be approach zones at and joining each end of each landing
strip. The surface areas of such approach zones form a trapezoidal pattern
and as to the respective landing strips are bounded as follows :
-3 .
Section 8. Approach Zone Surface Areas , ( Continued )
mFMImSOM IMDIxa STM,
Bsoh being 6000 wide at each end of thelanding stripy •',
and lying 2600 each side of its center liney then,.
diverging to a width of 1636: 3601 lying 818.180 each
side of the projected oenterline of said landing etrip, ,
at a dietance of 60001 .
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Section 9 • Transition Zone Surface Areas . There are hereby established
and declared to be Transition Zones of two types determined as follows :
( 1) That which lies adjacent to each side of each approach zone ,
the surface area boundaries of which form triangles . One
surface boundary of such "transition zone is , 1050 -feet long
and lying along the extension of the end of the landing strip.
The second surface boundary is the same as the longer boundary
line of the approach -zone . ` The = third surface boundary is a
straight line connecting the outer points and closing the-
triangle .
hetriangle .
( 2 ) That which lies adjacent to each side of the landing strip, the
surface area boundaries of which form rectangles . One surface
boundary of such transition zone is . the longer boundary of the
landing strip . Two surface boundaries are each 1,050 feet long
and lying along the extensions of the ends of the landing . strip.
The fourth surface boundary is a line paralleling the longer
boundary of the landing strip and of equal length to it . -
Section 10 . Turning Zone Surface Area , There is hereby established and
declared to be a turning zone surface area which shall be and consist of all "
of the area lying within the airport hazard area not otherwise herein specifi—
cally included in the landing strips or another zone surface area . ...
Section 11 . Height Limitations . Except as otherwise provided in this
ordinance, no structure or tree shall be erected , altered, allowed to grow, or
maintained in any airport approach zone surface area, ' airport turning zone
surface area , or airport transition zone surface area , to a height in excess
of the height limit herein established for such zone . For "purposes of this
ordinance, the following height limits are hereby established for each of the ,
zones in question.
Section 12. Approach Zone Surface Areas Height Limitations . A height
limitation within each approach zone is hereby established which will provide
a clear space above the entire surface area of the approach zone , the height
limitation being represented by a sloping plane, ' the base of .which coincides
with the end of the landing strip and extends outward and upward on a ratio of
*0 feet horizontal to 1 foot vertical and to a total horizontal
projected distance of 80001 feet from the end of the landing strip
and a total height of 160 feet above the elevation
the end of the landing strip.
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Section 13 . Transition Zone Sur£ane Areas Hai ht Limitations . A height
limitation within each transition zone is hereby established which will provide
a clear space above the entire surface area of the transition zone , the height
limitation being represented by a sloping plane, the base of which coincides
with one edge of the landing strip and the longer side of the two approach
zones and extehds outward and upward on a ratio of 7 - feet horizontal to 1 foot
vertical and to a total horizontal projected distance of 1050 feet and a
height of 150 feet above the elevation of the nearest point of the landing. strip.
Section 14. Turning Zone Surface Areas Height Limitations , A height
limitation of 150 feet above the nearest point of the -landing strip is_ hereby
prescribed in the turning zone .
Section 15 . Use Restrictions . Notwithstanding any other provisions of
this ordinance, no use may be made of land within any. airport approach zone ,
transition zone or turning zone in such a manner as to create electrical
interference with radio communication between the Airport and aircraft, make
it difficult for flyers to distinguish between airport lights and others,
result in glare in the eyes of flyers using the airport, impair visibility in
the vicinity of the airport, or otherwise endanger the landing, taking—off
or maneuvering of aircraft.
Section 16 . Non—conforming Uses . The regulations prescribed in Sections
11 to 15 , inclusive , of this ordinance shall not be construed to require the
removal, lowering or other change or alteration of any structure or tree not
conforming to the regulations as of the effective date heregf, or otherwise
interfere with the continuance of any non—conforming use . Nothing herein
contained shall- require any change in the construction, alteration, or intended
use of any structure the construction or alteration of which was begun prior
to the effective date of this ordinance, and is diligently prosecuted and
completed within two years thereof .
Section 17 . Variances . my person desiring to erect any structure or
increase the height of any structure, or permit the growth of any tree , or use
his property, not in accordance with the regulations prescribed in this ordi—
nance, may apply for a variance therefrom. Such variance 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 ordinance .
—G—
Section 18. Permits .
(1) Future Uses . No material .change shall be made in the use of land ,
and no structure or tree shall be erected; altered, planted, or otherwise
established , in and above any airport approach zone , transition zone or
turning zone , as defined and limited in Sections 8 to 14 inclusive, unless a
,permit therefor shall have been applied for and granted . Each such application
shall indicate the purpose for which the permit is desired , with sufficient
particularity to permit it to be determined whether the resulting use ,
structure , or tree would conform to the regulatipns herein prescribed . If
such determination is in -the affirmative, the permit applied for shall be
granted.
, ( 2) Existing Uses . Before any existing use, structure or tree may be .
replaced, substantially altered or repaired , rebuilt, allowed to grow higher;
or replanted, in and above any airport approach zone, transition zone , or
turning zone , as defined and limited in Sections 8 to 14 inclusive, a permit
must be secured authorizing such replacement, change or repair . No such
permit shall be granted that would - allow the establishment or creation of any
airport hazard or permit a non—conforming use, structure, or tree to be made
or .become higher, or become a greater hazard to air navigation, than it was
on the effective date of this ordinance or than it is when the application
for a permit is made . Except as indicated , all applications for a permit for
replacement, change or repair of existing use, structure, or tree shall be
granted .
Section 19 . Hazard harking and Lighting . Any permitor variance granted
may, if such action is deemed advisable to_ effectuate the purposes of this
ordinance and reasonable in the circumstances, be so conditioned as to require
the owner of the structure , or tree in question to permit the City of
at its own expense , to install, operate ,
and maintain thereon such markers and lights as may be necessary to indicate
to flyers the presence of an airport hazard .
Section 20 . Administrative Agency. The
UM younoll
of the City of is hereby designated the admini—
Fayetteville
strative agency charged with the duty of administering and enforcing the regu—
lations herein prescribed . The duties of the.
City Council
shall include that of hearing and deciding all permits under Section 18 .
Section 21 . Judicial Review . Any person aggrieved, or taxpayer affected,
City connoll
by any decision of the may appeal to the
Washington
Circuit Court of County as provided. in Suction 6 pf
The Airport Zoning Enabling Act, Act 116, Acts of Arkansas , 1941,
Section 22 . Pen-11t?.es , Each violation of this ordinance or of any regu—
lation, order or ruling promulg^ ted, hereunder shall be punishable by a fine of
not more than $100 , 00 or -morisonment for not more than thirty days , or both
such fine and imprisonment, and each day a violation continues shall be a
separate offense .
Section 23 . Severability. If any of the provisions of this ordinance or
the application thereof to any person or circumstances is held- invalid , such
invalidity shall not affect other provisions or applications of the ordinance
which can be given effect without the invalid provision or application, and to
this end the provisions of this ordinance are declared to be severable.
Section 24, Emergency Clause . It is ascertained and declared that •the
prevention of the creation or establishment of airport hazards is immediately
necessary for protecting the lives and property of users of
Fayetteville
9=10lpal
Airport, and of occupants of land in its
vicinity and for preventing destruction or impairment of the utility of the
airport and the public investment therein ; that an emergency exists ; and
therefore for the immediate preservation of the public peace, . health and safety
this ordinance shall be in full force and effect immediately upon its passage
and approval .
December 49
Passed and approved this day of , 19_.
Fayetteville
(SEAL) CITY OF jJZKANSAS
Attest ! MAYOR
GIT CLE U.—REC EDER
CERTIFICATE
STATE OF ARKANSAS )
) SS
COUNTY OF Waehingto*
I, y 9Y g!/Gdltjie.i ' , the duly appointed, qualified
and acting Cit Clerk of the City of Fayetteville
Arkansas, hereby certify that the above and foregoing copy of Ordinance
i
No , °L , of\ the Ciitgof Fayetteville , Arkansas, same
being "AN ORDINANCE `REGULATING, AND RESTRICTING THE HEIGHT OF STRUCTURES AND
i
OBJECTS QF NATURAL GRUYTH, AND • OTHUMISE REGULATING THE USE OF PROPERTY, IN
THE VICI14IIY OF tb* Ftyettevilli Mmioipal AIRPORT, BY
CREATING AIRPORT APPR.OACH, TRANSITION, AND TURNING ZONES AND ESTid LISHING
THE BOUNDARIES THEREOF; PROVIDING CH;INGES IN THE RESTRICTIONS AND BOUNDARIES
OF SUCH ZONES ; DEFINING CERV N :TERMS - USED HEREIN; PROVIDING FOR ENFORCEMENT;
I'M IMPOSING PENALTIES , " is a true , correct and compared copy of the original
thereof, duly passed and approved l on bz A , 1q. , 19 49 ,
by City Counollof the City of Fayetteville ,
Arkansas , and on file and of record in the office of the City Clerk of said
city.
In/Testimony Whereof , I have hereunto set my hand as such City Clerk
and affixed the seal of the City of Fayetteville , Arkansas ,
" this �°1 / _day of ,b� , 19 4L 5r
Q41'
ITY CLERK
(SEAL)
1
CERTIFICATE RE ZONING ORDINANCE
District Airport Engineer
Civil aeronautics Administration
P. 0. Box 1397
Little Rock, Arkansas
Subject : Zoning Ordinance
Fayetteville Yualoipal Airport
Project No . 0..05.008.701
Dear Sir :
I hereby . certify that I have examined Ordinance No
entitled,
°AN ORDINANCE REGULATIM AND RESTRICTING THE HEIGHT OF STRUCTURES AD
OBJECTS OF, NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY,
IN THE VICI14IIY OF THE ftetteville 16micipal AIRPORT, BY
CREATING AIRPORT APPROACH, TR.NSITION, ;IND TURNING ;ZONES AND ESTABLISHI.NG
THE BOUNDARIES THEREOF; PROVIDING CHANGES IN THE% RESTRICTZONS AND BOUNDARIES
OF SUCH ZONES ; DEFINING CERTAIN TERMS USED HEREIN;," PROVIDING FOR ENFORM ENT;
AND IMPOSING PENALTIES . "
and all rolated papers pertaining to the enactment of said ordinance,./and
I am of the opinion that said ordinance was duly enacted pursuant to all
applicable '- state and local laws and ordinances .
Dated this day of / jt (tib , 19I -&ZOP
9
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i ,
ATTORNEY FOR
B= 4 PAtE1�3� FILED FOR REGOl7D
WMHINGT4':
6e;A01y" ARKAN§9i
ORDINANCE NO , 962 maI. Z1956
AN ORDINANCE REGULATING AND RESTRICTING THE HE i yS'�a
FLt��'�UItES
AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE
' OF PROPERTY , IN THE VICINITY OF THE FA.YETTEVILLE MUNICIPAL AIRPORT ,
BY CREATING AIRPORT APPROACH, TRANSITION, AND TURNING ZONES AND
aESTABLISHING THE BOUNDARIES OF SUCH ZONES ; DEFINING CERTAIN TERMS
USED HEREIN; PROVIDING FOR ENFORCEMENT ; AND IMPOSING PENALTIES ,
In pursuance of the authority conferred by the Airport Zoning Enabling Act , Act 116 ,
Acts of Arkansas , 1941 , and for the purpose of promoting the public health, safety,
and general welfare , by preventing the creation or establishment of airport hazards ,
thereby protecting the lives and property of users of the Fayetteville Municipal Air -
port , and of occupants of land in its vicinity and preventing destruction or impairment
of the utility of the Airport and the public investment therein;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ,
ARKANSAS:
Section 1 . Short Title . This ordinance shall be known and may be cited as
the "Airport Zoning Ordinance of Fayetteville , Arkansas . "
Section 2 . Definitions . As used in this ordinance , unless the context other -
wise requires :
( 1 ) "Airport means Fayetteville Municipal Airport .
( 2) "Airport hazard" means any structure or tree or use of land which
obstructs the air space 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 .
( 3) "Non -conforming use " means any structure , tree , or use of land
which does not conform to a regulation prescribed in this ordi -
nance or amendment thereto , as of the effective date of such
regulation .
(4) " Persons " means any individual , firm, copartnership , corporation,
company, association, joint stock association, or body politic ,
and includes any trustee , receiver , assignee , or other similar
representative thereof .
( 5) "Structure " means any object constructed or installed by man, in -
cluding but without limitation, buildings , towers , smokestacks ,
and overhead transmission lines .
( 6) " Landing strip" means the area of the Airport used for the landing ,
take -off, or taxiing of aircraft .
( 7) " Tree " means any object of natural growth.
Section 3 . Establishing Airport Hazard Area . For the purposes of this Ordinance ,
an area of land and water within a radius of 12 , 060 , of a point hereinafter described
and established is hereby declared to be the airport hazard area , and the whole of
such area is made subject hereto .
21M 486 PAGE134 _ 2 -
Section 4 . Radius point of Fayetteville Municipal Airport Hazaa�d Area . A
point which is west 580 ' , more or less , from the center of Section 4 , Township
15 north, Range 30 west ; thence north 900 ' more or less to a point on the center -
line of the north - south runway ; is hereby established as the radius point of the
Fayetteville Municipal Airport hazard area .
Section 5 . Division of Airport Hazard Area in the Zones . The Airport hazard
area is hereby divided into separate zones as follows : Airport approach zones ,
Transition zones , and Turning Zones . Such zones are determined by reference to
surface areas and by height and use limitations .
Section 6 . Disignation of Landing Strips . For the purpose of fixing and deter -
mining the locations and restrictions of surface zones , certain landing areas or
strips are hereby designated and declared upon the surface area of the airport ,
as follows : NORTH -SOUTH RUNWAY. The north - south landing strip consists of
a rectangular area 500 ' wide and 3 , 000 ' long , the center line of which is located
250 ' each side of the landing strip and such center line is also the center line of
an existing 100 ' wide and 3 , 000 ' long paved runway, the north and south ends of
said landing strip center line being specifically described as follows : "Beginning
at the radius point described in Section 4 above , thence No . 10 ( o) 53 ' 20 " W .
45001 , more or less , to a point which is the north end of the north - south landing
strip centerline ; thence S 10 ( o) 53 ' 20 " E a distance of 3 , 000 ' to a point which is
the south end of the north - south landing strip center line . "
Section 7 . Schematic Drawing Attached - -Purpose Thereof. Attached hereto
and made a part hereof for limited purposes is a schematic drawing , Exhibit A ,
relating to Fayetteville Municipal Airport . Its purpose and use is restricted to
verifying the meaning and explaining this ordinance only as to the general plan
and principals involved in determining the location and areas of the various zones ,
it is drawn only to an approximate scale and upon an assumed level of surface
elevations , and shall not govern in establishing an exact point or boundary line .
Section 8 . Approach Zone Surface Areas . There are hereby established and
declared to be approach zones at and joining each end of each landing strip . The
surface areas of such approach zones from a trapezoidal pattern and as to the
respective landing strips are bounded as follows : NORTH - SOUTH LANDING
STRIP . Each being 500 ' wide at each end of the landing strip , and lying 250 '
each side of its center line , then diverging to a width of 1636 . 361 , lying 818 . 18 '
each side of the projected centerline of said landing strip at a distance of 6 , 0001
.
Section 9 . Transition Zone Surface Areas . There are hereby established and
declared to be Transition Zones of two types determined as follows :
( 1 ) That which lies adjacent to each side of each approach zone , the surface
area boundaries of which form triangles . One surface boundary of such
transition zone of 1050 ' long and lying along the extension of the end of
the landing strip . The second surface boundary is the same as the longer
boundary line of the approach zone . The third surface boundary is a
straight line connecting the outer points and closing the triangle .
