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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 . 1 ^2_ Section 6 . Designation of landing Strips ( Continued) - r. r l i\ r 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 . 'r4 ' 1 1. n I r f' -4- 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. . -5- 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 � j 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 .