HomeMy WebLinkAboutOrdinance 1278 BOOK 563 PA6422 c� '
ORDINANCE NO. 1278 < l� Jl\;G�� caSN`
AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF ��S "T_�Y a3 URES AND
OBJECTS OF NATURAL GROWTH , AND OTHERWISE REGULAT dA USE OF PROPER -
TY IN THE VICINITY OF THE DRAKE FIELD AIRPORT BYr\ to G A PORT AP-
PROACH ZONES , TRANSITION ZONES , HORIZONTAL ZON AND C . UX! � ZONE , AND
ESTABLISHING THE BOUNDARIES THEREOF ; PROVIDING FOR,Cr�i 6 IN THE
RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING afiTAIN TERMS USED
HEREIN; REFERRING TO THE DRAKE FIELD AIRPORT ZONING MAP WHICH IS IN-
CORPORATED IN AND MADE A PART OF THIS ORDINANCE ; PROVIDING FOR ENFORCE-
MENT; IMPOSING PENALTIES ; AND REPEALING ORDINANCES NUMBERED 962 and 110 .
This ordinance is adopted pursuant to the authority conferred by the Airport Zoning Enabling
Act; Act 116 , Acts of Arkansas , 1941 . It is hereby found that an airport hazard endangers
the lives and property of users of Drake Field Airport and of occupants of land in its
vicinity , and also, if of the obstruction type , in effect reduces the size of the area available
for the landing , take- off and maneuvering of aircraft , thus tending to destroy or impair the
utility of Drake Field Airport and the public investment therein. Accordingly, it is declared:
( 1 ) That the creation or establishment of an airport hazard is a public nuisance and an
injury to the region served by Drake Field Airport; ( 2) that it is necessary in the interest
of the public health, public safety and general welfare of the inhabitants of the State of
Arkansas that the creation or establishment of airport hazards be prevented to obviate
the destruction or impairment of the utility of the airport and the public investment therein ,
and; ( 3 ) that the prevention of these hazards should be accomplished, to the extent legally
possible , by the exercise of police power without compensation. It is further declared that
both the prevention of the creation or establishment of airport and the elimination, removal ,
a4teration , mitigation, or marking and lighting of existing airport hazards are public
purposes for which political subdivisions may raise and expend public funds and acquire
land or interests in land .
-r
IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ,
ARKANSAS , as follows :
SECTION I : SHORT TITLE
This ordinance shall be known and may be cited as "Drake Field Airport Zoning Ordinance " .
SECTION II: DEFINITIONS
As used in this Ordinance , unless the context otherwise requires :
( 1 ) AIRPORT - Means Drake Field Airport , Fayetteville , Arkansas .
(2 ) AIRPORT ELEVATION - Means the established elevation of the highest point on the
usable landing area , which is 1 , 251 feet MSL.
( 3 ) AIRPORT HAZARD - Means any structure , tree or use of land which obstructs the
airspace required for or is otherwise hazardous to the flight of aircraft in landing or
taking - off at the airport .
( 4) AIRPORT REFERENCE POINT - Means the point established as the approximate
geographic center of the airport landing area and is established at a location described
as follows : Beginning at the N"✓ corner of the SW 1 / 4 of Section 9 , T - 15- N, .R - 30 = W ;
thence East 750 feet to the extended runway centerline; thence North 12030 ' West
along said centerline a distance of. 4 , 975 feet to the ARP , which is also the midpoint
of the centerline of the paved 5 , 000 ' x 100 ' runway , eleMv�atRi$ O51 feet MSL .
DATE OCT 9 X18
EEL ��
Or6inance No . 1278 - 2 - November 20 , 1961
BOOK 563 rFUM
( 5 ) HEIGHT - For the purpose of determining the height limits in all zones set forth in
this vid:nance and shown on the zoning map , the datum shall be mean sea level
elevation unless otherwise specified .
( 6 ) INSTRUMENT RUNWAY - Means a runway equipped or to be equipped with electronic
or visual air navigation aids adequate to permit the landing of aircraft under restricted
visibility conditions .
( 7 ) LANDING AREA - Means the area of the airport used for the landing , take - off or
taxiing of aircraft .
(8 ) NON- CONFORMING USE - Means any structure , tree or use ofland 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 requirements of said regulation .
( 9 ) NON- INSTRUMENT RUNWAY - Means a runway other than an instrument runway .
( 10 ) PERSON - Means an individual , firm , partnership , corporation , company ,
association, joint stock association, or body politic , and includes a trustee , receiver ,
assignee , administrator , executor , guardian or other representative .
( 11 ) RUNWAY - Means the paved surface of an airport landing strip .
( 12 ) STRUCTURE - Means an object constructed or installed by man, including , but
without limitation, buildings , towers , smokestacks , and overhead transmission lines .
( 13 ) TREE - Means any object • f natural growth .
SECTION III - ZONES
In order to carry out the provisions of this Ordinance , there are hereby created and
established certain zones which include all of the land lying within the Instrument and non-
instrument Approach Zones , Transition Zones , Horizontal Zone and Conical Zone , Such
areas and zones are shown on the Drake Field Airport Zoning Map , consisting of one ( 1 )
sheet , prepared by the City of Fayetteville , Arkansas , and dated July 21 , 1961 , which is
attached to this ordinance and made a part hereof . The various zones are hereby establishe
and defined as follows :
NOTE : There is no designated instrument runway presently on this airport .
( 1 ) INSTRUMENT APPROACH ZONE - An instrument approach zone is established at
each end of the instrument runway for instrument landings and take - offs . The
instrument approach zones shall have a width of 1 , 000 feet at a distance of 200
feet beyond each end of the runway , widening thereafter uniformly to a width of
16 , 000 feet at a distance of 50 , 200 feet beyond each end of the runway , its center -
line being the continuation of the centerline of the runway .
( 2) NON- INSTRUMENT APPROACH ZONE - A non-instrument approach zone is
established at each end of all non- instrument runways on Drake Field Airport
for non- instrument landings and take- offs . The non- instrument approach zone
shall have a width of 500 feet at a distance of 200 feet beyond each end of the
runway , widening thereafter uniform to a width of 2 , 500 feet at a distance of
10 , 200 feet beyond each end of the runway , its centerline being the continuation
of the centerline of the runway .
( 3 ) TRANSITION ZONES - Transition zones are hereby established adjacent to each
instrument and non- instrument runway and approach zone as indicated on the
zoning map . Transition zones symmetrically located-on either side of the
Ordinance No . 1278 3November 20 , 1961
BOOK 563 ' .,; 124
runways , have variable widths as shown on the zoning map . Transition zones
extend outward from a line 250 feet on either side of the centerline of the
non- instrument runway , for the length of such runway plus 200 feet on each end;
and 500 feet on either side of the centerline of the instrument runway , for the
length of such runway plus 200 feet on each end , and are parallel and level with
such runway centerlines . The transition zones along such runways slope upward
and outward one ( 1 ) foot vertically for each seven ( 7 ) feet horizontally to the point
where they intersect the surface of the horizontal zone . Further transition zones
are established adjacent to both instrument and non- instrument approach zones
for the entire length of the approach zones . These transition zones have variable
widths , as shown on the zoning map . Such transition zones flare symmetrically
with either side of the runway approach zones from the base of such zones and
slope upward and outward at the rate of one ( 1 ) foot vertically for each seven ( 7 )
feet horizontally to the points where they intersect the surfaces of the horizontal
and conical zones . Additionally , transition zones are established adjacent to the
instrument approach zone where it projects through and beyond the limits of the
conical zone , extending a distance of 5 , 000 feet measured horizontally from the
edge of the instrument approach zones at right angles to the continuation of the
centerline of the runway .
( 4) HORIZONTAL ZONE - A horizontal zone is hereby established as the area within
a circle with its center at the Airport Reference Point and having a radius of
10 , 000 feet . The horizontal zone does not include the instrument and non -
instrument approach zones and the transition zones .
( 5 ) CONICAL ZONE - A conical zone is hereby established commencing at the
periphery of the horizontal zone and extending to a distance of 15 , 000 feet from
the airport reference point . The conical zone does not include the instrument
and non- instrument approach zones and transition zones .
SECTION IV: HEIGHT LIMITATIONS
Except as otherwise provided in this Ordinance , no structure or tree shall be erected ,
altered, allowed to grow, or maintained in any zone created by this Ordinance to a
height in excess of the height limit herein established for such zone . Such height
limitations are computed from the established airport elevation and are hereby established
for each of the zones in question as follows :
( 1 ) INSTRUMENT APPROACH ZONE - One ( 1 ) foot in height for each fifty ( 50 ) feet
in horizontal distance beginning at a point 200 feet from the end of the instrument
runway and extending to a distance of 10 , 200 feet from the end of the runway ;
thence one ( 1 ) foot in height for each forty ( 40 ) feet in horizontal distance to a
point 50 , 200 feet from the end of the runway;
( 2) NON- INSTRUMENT APPROACH ZONES - One ( 1 ) foot in height for each 40 feet
in horizontal distance beginning at a point 200 feet from the end of the non-
instrument runway and extending to a point 10 , 200 feet from the end of the runway ;
( 3 ) TRANSITION ZONES - One ( 1 ) foot in height for each seven ( 7 ) feet in horizontal
distance beginning at a point 250 feet from the centerline of non- instrument
runways and 500 feet from the centerline of the instrument runway , measured at
,Ordinance No . .1278 ' BOOK 561PAGE125 November 20 , ' 1961
right angles to the longitudinal centerline of the 'runway , ext =nding upward to a
maximum height of 150 feet above the established airport elevation , which is
1 , 251 feet above mean sea level . In addition to the foregoing , there are
established height limits of one ( 1 ) foot vertical height for each seven ( 7 ) feet
horizontal distance measured from the edges of all approach zones for the entire
length of the approach zones and extending upward and outward to the points
where they intersect the horizontal and conical surfaces . Further , where the
instrument approach zone projects through and beyond the conical zone , a height
limit of one ( 1 ) foot for each seven ( 7 ) feet of horizontal distance shall be main-
tained beginning at the edge of the instrument approach and extending a distance
of 5 , 000 feet from the edge of the instrument approach zone measured at right
angles to the continuation of the centerline of the runway ;
( 4) HORIZONTAL ZONE - One hundred fifty ( 150 ) feet above established airport
elevation or a maximum height of 1 , 401 feet above mean sea level elevation; and
( 5 ) CONICAL ZONE - One ( 1 ) foot in height for each twenty ( 20 ) feet of horizontal
distance beginning at the periphery of the horizontal zone and measured in an
inclined plane passing through the airport reference point .
Where an area is covered by more than one ( 1 ) foot height limitation, the more restrictive
limitation shall prevail .
Nothing in this Ordinance shall be construed as prohibiting the growth , construction or
maintenance of any tree or structure to a height up to 25 feet above the surface of the land.
SECTION V : USE RESTRICTIONS
Notwithstanding any other provisions of this Ordinance , no use may be made of land within
any zone established by this Ordinance 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 VI: NON- CONFORMING USES
( a) Regulations not Retroactive . The regulations prescribed by this Ordinance shall
not be construed to require the removal , lowering , or other changes or alteration of any
structure or tree not conforming to the regulations as of the effective date of this Ordinance ,
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 within two years thereof.
(b) Marking and Lighting . Notwithstanding the preceding provision of this Section ,
the owner of any non- conforming structure or tree is hereby required to permit the
installation , operation , and maintenance thereon of such markers and lights as shall be
deemed necesary by the Administrative Agency or Officer to indicate to the operators of
aircraft in the vicinity of the Airport , the presence of such airport hazards . Such markers
and lights shall be installed, operated, and maintained at the expense of the City of
Fayetteville , Arkansas .
Ordinance No . 1278 - 5 - November 20 , 1961
BOOx 563 PAGE126
SECTION VII: PERMITS
( a) Future Uses - Except as specifically provided in paragraphs 1 , 2 , and 3 hereunder,
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 any zone hereby created unless a permit there -
fore shall have been applied for and granted . Each application for a permit 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 regulations
herein prescribed . If such determination is in the affirmative , the permit shall be granted.
( 1 ) In the area lying within the limits of the Horizontal Zone and the Conical Zone
but not within the limits of an instrument or non - instrument approach zone or
transition zone , no permit shall be required for any tree or structure less than
75 feet of vertical height above the ground , except when because of terrain,
land contour or topographic features such tree or structure would extend above
the heiEbt limits prescribed for such zone .
( 2 ) In the areas lying within the limits of the instrument and non- instrument approach
zones but at a horizontal distance of not less than 7 , 700 feet from each end of
the runway , no permit shall be required for any tree or structure less than
75 feet of vertical height above the established airport elevation , except when
such tree or structure would extend above the height limit prescribed for such
instrument or non- instrument approach zone .
( 3 ) In the areas lying within the limits of the transition zones beyond the perimeter
of the horizontal zone , no permit shall be required for any tree or structure
less than 50 feet of vertical height above the ground except when such tree or
structure , because of terrain , land contour or topographic features would
extend above the height limit prescribed for such transition zones .
Nothing contained in any of the foregoing exceptions shall be construed as permitting or
intending to permit any construction , alteration or growth of any structure or tree in
excess of any of the height limits established by this Ordinance except as set forth in
Section IV .
( b) Existing Uses . No permit shall be granted that would allow the establishment or
creation of an 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 any amendments thereto or than it is when the application
for a permit is made . Except as indicated all applications for such a permit shall be
granted .
( c ) Non- conforming Uses Abandoned or Destroyed . Whenever the Administrative
Agency or Officer determines that a non- conforming structure or tree has been abandoned
or more than 80 percent torn down, physically deteriorated , or decayed , no permit shall
be granted that would allow such structure or tree to exceed the applicable height limit or
otherwise deviate from the zoning regulations .
Ordinance No . 1278 � ZZ � November 20 , 1961
563 PAG
A27
b
( d) Variances . Any person desiring to erect 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 Ordinance , may apply for a variance from such regulations . Such
variances shall be allowed where it is duly found that 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 will do substantial justice
and be in accordance with the spirit of this Ordinance .
( e ) Hazard Marking and Lighting . Any permit or variance granted may , if such action
is deemed advisable to effectuate the purpose of this ordinance and be reasonable in the
circumstances , be so conditioned as to require the owner of the structure or tree in question
to permit the City of Fayetteville , Arkansas , 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 VIII : ENFORCEMENT
The City Engineer is hereby designated the Administrative Agency or Administrative Officer .
It shall be the duty of the Administrative Agency or Officer to administer and enforce the
regulations prescribed herein . Applications for permit and variances shall be made to the
Administrative Agency upon a form furnished by him . Applications required by this
Ordinance to be submitted to the Administrative Agency shall be promptly considered and
granted or denied by him .
SECTION IX : APPEALS & JUDICIAL REVIEW
Any person aggrieved , or any taxpayer affected , by any decision of the Administrative
Agency or Officer made in his administration of this Ordinance , if of the opinion that a
decision of the Administrative Agency of Officer is an improper application of these
regulations , may appeal to the Circuit Court as provided in Section 6 of the Airport Zoning
Enabling Act , Act 116 , Acts of Arkansas , 1941 .
SECTION X : PENALTIES
Each violation of this Ordinance or of any regulation , order , or ruling promulgated here -
under shall constitute a misdemeanor and be punishable by a fine of not more than $ 100 . 00
or imprisonment for not more than thirty ( 30 ) days or both such fine and imprisonment , and
each day a violation continues to exist shall constitute a separate offense .
SECTION XI : 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
be with respect to the height of structures or trees , the use of land , 0r any other matter ,
the more stringest limitation or requirement shall govern and prevail .
BOOK 563 PAG428
Ordinance No . 1278 - 7 - November 20 , 1961
SECTION XII: SEVERABILITY
If any of the provisions of this Ordinance or the application thereof to any person or
circumstance is held invalid , such invalidity shall not affect other provisions or appli-
cations or 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 XIII: REPEALING CLAUSE
Ordinances numbered 962 and 1104 are hereby specifically repealed.
SECTION XIV : EFFECTIVE DATE
WHEREAS, the immediate operation of the provisions of this Ordinance is necessary
for the preservation of the public health, public safety, and general welfare , an
emergency is hereby declared to exist, and this Ordinance shall be in full force and
effect from and after its passage by the City Council of Fayetteville , Arkansas , and
publication and posting as required by law.
PASSED AND APPROVED THIS 20th day of November , 1961 .
APPROVED:
t
GUY E . BROWN , MAYOR
`�,••rEbF�l�gg �, ` ,: CITY OF FAYETTEVILLE , ARKANSAS
A. go
it vWI,IYAVIS , CITY CLERK
,
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
I , GEORGE J. DAVIS , City Clerk within and for the City of
Fayetteville , Arkansas , do hereby certify that the annexed and
foregoing is a true and correct copy of the
therein set forth , and
the same is as it appears of Record in PROCEDURE OF CITY
COUNCIL RECORD , Volume at Page/e,3� thereof.
IN WITNESS WHEREOF , I have hereunto set
my hand and affixed my official seal this
or-ew ay of 1910 :
City e
CERTIFICATE OF RECORD
STATE OF ARKANSAS j
Washington County ss.
I, Lloyd McConnell, Circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed or fore•
going instrument was filed for r3A.ji$ in my office on the ' day
�
of.YLlPYLlt.4:S� ..7 '19"(?Lat . . . . o'clockM, and the same is
du"y recorded in . . . . N-5;.record . _. .�a't page4R�L
Witness my hand and sea; thisa7day of . . . . . . . . 1�9ks.'
�C terk and
Ex-Offico Recoder