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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