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HomeMy WebLinkAboutOrdinance 2697 • r. �. ';� qPR RFC ORDINANCE 2697 O/j This ordinance re - recorded to reflect the airport zoning map �i�iO�Co&^7 33 into the ordinance , which was inadvertantly left out of the ordinance . �tRC`? R/( 1 DD , MAYOR Vivia� ,.Kaot4j, %, CITY CLERK Of FAYFTjjrl >X CERTIFICATE OF RECORD f .•'' j1 G State of Arkansas SS ILrp v : /" f,;e � �', `: ; City of Fayetteville _ ► ; , ` .; ) I, Suzanne C. Kennedy, City Clerk and 5 ' i5ri • ,. v = Ex-Officio recorder fortheCityofFayetteville, r 3 .5 � ..• tt . ,. .. do hereby certify that the anncse:l or fore- '.t� N C0i • H11 - Swing is of record in my office and the same ap- pears in Ordinance & Resolution book ~• '�� —ax at page witness my hand and seal this _.day of CERTIFICATE OF RECORD y Clerk and Lx- ffieio R:x:orr STATE OF ARKANSAS SS. Washington County 1, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for Washington County, do hereby certify that rhe annexed or fore- going instrument was filed for recoor�rdd{in my office on tha_I day of 9.a1at�'2'clocic/rn, and the same is duly recorded in recordjW7at pageovi Witness my hand and seal thi day of _191 Circuit Clerk and Ex � ficin Recor ed MICROFILMED By Deputy Clerk x•- 11 a d i i i fY, 1 .» ... » . .».— 1. . 14 A • 1 , 4 .p r �. ell 1 ` ` e �a. it I IL um i�y { to i AIR _ 6 � . km _ x s r , SEE ,rt..,.,. .m..4 » .». Y . . ». , r » r saVIM w 132.0 k 90 WRIVIECTIL CORE go me TIRE w..w ` $ .n,»Ot TERRITORIAL Tome .� .✓ .a . ` � ` I I .� f t �..' �., v '. , . d v ✓`tPt /rP ♦ mss; '�s ,_-> ' - �� '� % . , I E7.03 1, No IU0A N. i, DICED ..,,., ,. Allow — ` 39 » » » . . loll loll... 3 i gni t �.. . » i 4 �¢ 1 a, 11.13 1. gomp "1111I 20"If 111.03 1. KOO COME" NEW P rr _ lollf I 7 i 6 4 fi • • rLIrMO - Room TO L cos a '= SIS BB I � ITSI ; I - y y 'J : - tl _$ mid i— ifa rm IS F- go • c e j F� C>9�� ORDINANCE NO . '7G/T!l0, O c i7 �9 AN ORDINANCE REGULATING AND RESTRICTING THE HE AT ;,;bF STRUCTURES AND OBJECTS OF NATURAL GROWTH , AND OTHERWISE REGULATING THE USE OF PROPERTY , IN THE VICINITY OF THE FAYETTEVILLE AIRPORT BY CREATING APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF ; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES ; DEFINING CERTAIN TERMS USED HEREIN ; INCORPORATING BY REFERENCE THE FAYETTEVILLE AIRPORT ZONING MAP ; PROVIDING FOR INFORCEMENT ; AND IMPOSING PENALTIES . This Ordinance is adopted pursuant to the authority conferred by Ark . Stats . 574 - 301 - § 74 - 308 . It is hereby found that an obstruction has the potential for endangering the lives and .property of users of the Fayetteville Municipal Airport , and property or occupants of land in its vicinity ; that an obstruction may affect existing and future instrument approach minimums of the Fayetteville Municipal Airport ; and that an obstruction may reduce the size of areas available for the landing , takeoff , and maneuvering of aircraft , thus tending to destroy or impair the utility of the Fayetteville Municipal Airport and the public investment therein . Accordingly , it is declared : ( 1 ) That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by the Fayetteville Municipal Airport . ( 2 ) That it is necessary in the interest of the public health , safety , and welfare to prevent the creation or establishment of obstructions that are a hazard to air navigation . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Appendix B to the Fayetteville Code of Ordinances is hereby amended to read as follows : SECTION I : SHORT TITLE This Ordinance shall be known and may be cited as the Fayetteville Airport Zoning Ordinance . SECTION II : DEFINITIONS The following definitions shall apply , unless the context of this ordinance otherwise requires : 1 . AIRPORT - Fayetteville Airport . 2 , AIRPORT ELEVATION - 1251 feet above mean sea level . 3 . APPROACH SURFACE - A surface longitudinally centered on the extended runway centerline , extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section IV of this Ordinance . In plane the perimeter of the approach surface coincides with the perimeter of the approach zone . lfll 882 . 2 - 4 . APPROACH , TRANSITIONAL , HORIZONTAL , AND CONICAL ZONES - Those zones are set forth in Section III of this Ordinance . 5 , BOARD OF ADJUSTMENT - The Board of Adjustment established by Appendix A . Article 10 of the Fayetteville Code of Ordinances . 6 , CONICAL SURFACE - A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4 , 000 feet . 7 . HAZARD TO AIR NAVIGATION - An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace . 8 . HEIGHT - Sea level elevation , unless otherwise specified . 9 . HORIZONTAL SURFACE - A horizontal plane 150 feet above the established airport elevation , the perimeter of which in plane coincides with the perimeter of the horizontal zone . 10 . LARGER THAN UTILITY RUNWAY - A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12 , 500 pounds maximum gross weight and jet powered aircraft . 11 . NONCONFORMING USE - Any pre-existing structure , object of natural growth , or use of land which does not conform to the provisions of this Ordinance or an amendment thereto . 12 . OBSTRUCTION - Any structure , growth , or other object , including a mobile object , which exceeds a limiting height set forth in Section IV of this Ordinance . 13 . PERSON - An individual , firm , partnership , corporation , company , association , joint stock association or government entity ; including a trustee , a receiver , an assignee , or a similar representative of any of them . 14 . PRECISION INSTRUMENT RUNWAY - A runway having an existing instrument approach procedure utilizing an Instrument Landing System ( ILS ) or a Precision Approach Radar ( PAR) . It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document . J . PRIMARY SURFACE - A surface longitudinally centered on a runway . When the runway has a specially prepared hard surface , the primary surface extends 200 feet beyond each end of that runway ; for military runways or when the runway has no specially prepared hard surface , or planned hard surface , the primary surface ends at each end of that runway . The width of the primary surface is set forth in Section III of this Ordinance . The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline . Afit, aT i> . 3 - 3 - 16 . RUNWAY. - A defined area on an airport prepared for landing and take -off of aircraft along its length . 17 . STRUCTURE - An object , including a mobile object , constructed or installed by man , including but without limitation , buildings , towers , cranes , smokestacks , earth formation , and overhead transmission lines . 18 . TRANSITIONAL SURFACES - A surface extending outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven ( 7 ) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces . 19 . TREE - Any object of natural growth . 20 . VISUAL RUNWAY - A runway intended solely for the operation of aircraft using visual approach procedures . . SECTION III : AIRPORT ZONES There are hereby created and established zones , which zones include all of the land lying beneath the approach surfaces , transitional surfaces , horizontal surfaces , and conical surfaces as they apply to the Fayetteville Municipal Airport . Said zones are shown on the Fayetteville Airport Zoning Map consisting of one sheet , attached to this Ordinance and made a part hereof . An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation . The various zones are hereby established and defined as follows : 1 . Runway Larger Than Utility Visual Approach Zone : The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide . The approach zone expands outward uniformly to a width of 1 , 500 feet at a horizontal distance of 5 , 000 feet from the primary surface . Its centerline is the continuation of the centerline of the runway . 2 . Precision Instrument Runway Approach Zone : The inner edge of this approach zone coincides with tae width of the primary surface and is 1 , 000 feet wide . The approach zone expands outward uniformly to a width of 16 , 000 feet at a horizontal distance of 50 , 000 feet from the primary surface . Its centerline is the continuation of the centerline of the runway . 3 . Transitional Zones : The transitional zones are the areas beneath the transitional surfaces . Al 4 4 . Horizontal Zone : The horizontal zone is established by swinging arcs of 5 , 000 feet radii for all runways designated utility or visual and 10 , 000 feet for all others from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs . The horizontal zone does not include the approach and transitional zones . The radius used shall be the longest determined for either end . 5 . Conical Zone : The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4 , 000 feet . SECTION IV : AIRPORT ZONE HEIGHT LIMITATIONS Except as otherwise provided in this Ordinance , no structure shall be erected , altered , or maintained , and no tree shall be allowed to grow in any zone created by this Ordinance to a height in excess of the applicable height herein established for such zone . Such applicable height limitations are hereby established for each of the zones in question as follows : 1 . Runway Larger Than Utility Visual Approach Zone : Slopes twenty ( 20 ) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5 , 000 feet aloncT the extended runwav centerline . 2 . Precision Instrument Runway Approach Zone : Slopes fifty ( 50 ) feet outward for each foot upward beginning at the end of and at the same elevation as the primary . surface and extending- to - a--horizontal distance of 10 , 000 feet along the extended runway centerline ; thence slopes upward forty ( 40 ) feet horizontally for each foot vertically to an additional horizontal distance of 40 , 000 feet along the extended . runway centerline . 3 . Transitional Zones : Slope seven ( 7 ) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface , and extending to a height of 150 feet above the airport elevation which is 1251 feet above mean sea level . In addition to the foregoing , there are established height limits sloping seven ( 7 ) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface , and extending to where they intersect the conical surface . Where the precision instrument runway approach zone projects beyond the conical zone , there are established height limits sloping seven ( 7 ) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface , and extending a horizontal distance of 5 , 000 feet measured at 90 degree angles to the extended runway centerline . 4 . Horizontal Zone : 150 feet above the airport elevation ; 1401 feet above mean sea level . 5 . Conical Zone : Slopes twenty ( 20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation , � �,n n 6 . Excepted Height Limitation : Nothing in phis Ordinance shall be construed as prohibiting the construction or maintenance of any structure , or growth of any tree to a height up to 25 feet above the surface of the land . - 5 - SECTION V : USE RESTRICTION Notwithstanding any other provisions of this Ordinance , no use may be made of land or water within any zone established by this Ordinance in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft , make it difficult for pilots to distinguish between airport lights and others , result in glare in the eyes of pilots using the airport , impair visibility in the vicinity of the airport , create bird strike hazards , or otherwise in any way endanger or interfere with the landing , takeoff , or maneuvering of aircraft intending to use the airport . SECTION VI : NONCONFORMING USES 1 . The owner of any structure or object of natural growth existing at the time of the adoption of this ordinance which does not conform hereto shall be granted a permit authorizing continuance of such non- conforming use upon applicat±on therefore by him to the Building Inspection Superintendent ; provided , if such application is not made _ within 90 days of the effective date of this ordinance , said owner shall be compelled , at his expense , to lower or remove such object to the extent necessary to conform to this ordinance . 2 . Before any existing non- conforming structure or object of natural growth for which a permit has been issued i. n ar. co.rdance with Paragraph. 1. of this serti.cn may be al. ter_ eri or repaired , rebuilt , allowed to grow higher , or replanted , a permit must be secured from the Building Inspection Superintendent authorizing such change or repair . No such permit shall be granted that will ' permit the structure or object of natural growth in - question-- to be made higher or become a greater hazard to air navigation than it was when the permit for which the continuance was granted under Paragraph 1 above ; and , where the structure or object of natural growth has been more than 508 torn down or destroyed , whether voluntarily , by activity , or otherwise , or has become more than 508 deteriorated or decayed , no permit shall be granted that will permit such structure or object of natural growth to exceed the applicable height limit prescribed by the zoning regulation ; instead , in all such cases of 508 destruction , deterioration , or decay , whether application is made for a permit for repair or not , the Building Inspection Superintendent shall compel the owner of the non- conforming structure or object of natural growth , at his own expense , to lower or remove such object to the extent necessary to conform to the said height limit . Except as indicated , all applications for permits for change or repair of non- conforming uses shall be granted . SECTION VII : PERMITS 1 . Future Uses : Except as specifically provided in paragraphs a , b , and c below , no material change shall be made in the use of land , no structure shall be erected or otherwise established , and no tree shall be planted in any . zone hereby created unless a permit therefor shall have been applied for and granted by the Fayetteville Building Inspection Department . Each application for a permit shall indicate O :1 ..� . • Vii`-� �- U°J . - 6 - 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 . No permit for a use inconsistent with the provisions of this ordinance shall be granted unless a variance has been approved by the Board of Adjustment . a . In the area lying within the limits of the horizontal zone and conical zone , no permit shall be required for any tree or structure less than seventy- - . five 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 height limits prescribed for such zones . b . In areas lying within the limits of the approach zones but at a horizontal distance of not less than 4 , 200 feet from each end of the runway , no permit shall be , required for any tree or structure less than seventy- five feet of vertical height above the ground , except when such tree or structure would extend above the - height limit prescribed for such approach zones . Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction , or alteration of any structure , or growth of any tree in excess of any of the height limits established by this Ordinance except as set forth in Section IV , 6 . SECTION VIII : ENFORCEMENT It shall- be the duty of the Building Inspection Superintendent to administer and enforce the regulations prescribed herein . Applications for permits and variances shall be made upon a form published for that purpose . Applications required by this Ordinance to be submitted to the Building Inspection Superintendent shall be promptly considered and granted or denied . Application for action by the Board of Adjustment shall be forthwith transmitted by the Building Inspection Superintendent , SECTION IX : BOARD OF ADJUSTMENT 1 . The Board of Adjustment shall have the authority to grant variances from the height limits prescribed herein . Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth , in excess of the heights prescribed herein , must apply in writing to the Board of Adjustment for a variance . Such variance shall be allowed upon a showing of practical difficulty or unnecessary hardship , together with a showing that the structure or object of natural growth in question will not cause an undue hazard to aircraft operations at the Airport , r n .� n . IU U �D t 7 - 2 . The application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe , efficient use of navigable airspace . Additionally , no application for a variance may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Airport Manager for comment as to the aeronautical effects of the variance . If the Airport Manager does not respond to the application within 15 days after receipt thereof , the Board of Adjustment may grant or deny said application . 3 . In granting any application for any permit or variance , the Building Inspection Superintendent and Board of Adjustment may so condition such permit or variance as to require the owner of the structure or object of natural growth in question to install and maintain obstruction marking or lighting . 4 . In all cases of application for variances , a public notice shall be published in the manner prescribed by law for publication of legal notices , of a public hearing upon the application in question . Said notice shall be published at least 15 days prior to the hearing date . At the public hearing any person having an interest in the proceedings shall have an opportunity to offer evidence for or in opposition -- to the application in question . written findings of fact and conclusions of law shall be made by the Board of Adjustment based upon the evidence offered at the public hearing . 5 . Any person aggrieved by any order or ruling upon an application for a variance may , within thirty ( 30 ) days thereof , appeal therefrom to the Circuit Court of Washington County in accordance with the provisions of Ark . Stat . § 74 - 306 . SECTION X : APPEALS 1 . Any person aggrieved , or any taxpayer affected by any decision of the Building Inspection Superintendent , made in the administration of the Ordinance , may appeal to the Board of Adjustment . 2 . All appeals hereunder must be taken within 30 days from the decision of the Building Inspection Superintendent , by filing with the Building Inspection Superintendent a notice of appeal specifying the grounds thereof . The Building Inspection Superintendent shall forthwith transmit to the ' Board of Adjustment all the papers constituting the record upon which the action appealed from was taken . 3 . An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspection Superintendent certifies to the Board of Adjustment , after the notice of appeal has been filed with it , that by reason of the facts stated in the certificate a stay would in the opinion of the Building Inspection Superintendent cause imminent peril to life or property . In such case , proceedings shall not be stayed except by order of the Board of Adjustment or notice to the Building Inspection Superintendent and on due cause shown . 4 . The Board of Adjustment shall fix a reasonable time for hearing appeals , give public notice and due notice to the parties in interest , and decide the same within a reasonable time . Upon the hearing , any party may appear in person or by agent or by attorney . .r <� nq CERTIFICATE OF RECORD . STATE OF ARKANSAS I SS. Washington County I, Alma L. Kolimeysr, Circuit Clerk and Ex-Officio Recorder for Washington County, do hereby certify that the annexed or fore- going instr •ment was filed for record in my files on theY- day of 19�at 6rdq'clock✓LM, and the same Is duly recorded in lfl9iaK= record at pagoffdZ Witness my hand and seal th' day of 198/ Circuit Clerk and Ex. fficio Rec r 6Y Deputy Cler • STATE of ARKANSAS l county �/`+'�tg aoyy/ , 1 d - hereby certify that I am the Publisher of TAE NOR EST ARKANSAS TIMER, a daily newspaper baying a second class mailing privilege, and being not less that' - four pages of five columns each, published at a fixed Dlace of business and at a fixed (daily) Intervale continuously in the City of Fayetteville. County of .rwavMltc st ....�+rv, Washington, Arhanees for more than a period of twelve months, circulated mMONirunee rcreewdeetdretlect and distributed from an established place Of business to subscribers and the airport zoning mss incorporated readers generally of all cleeaea in the City & County for a definite price for tantlythe atdtttoft which which price was fixed at what Ie l,nuyletloulMlheoawner• each copy. ora [I:eli price per annum, JohnTodd, Neyw considered the value of the publication, based upon the news 'value and Vivian Kocuel, City Ueet l ties .r .. - Service value it contains, that at least fifty percent of the . subscribers . thereto have paid cash for their subscriptions to the newspaper or Its agents or through recognised news dealers over a period of at least six months; and that the said newspaper publishes an average of more than forty percent news matter. I further certify that the legal notice hereto attached in the matter of 0 r \ (Yl n(, 2) was published in the regular daily issue of Said newspaper for consecutive insertions as follow: �j �. r The first Insertion on. the day of A 19 the second Insertion on the day of 19 the third insertion on the day of 19 and the fourth insertion on the " Aav of 19 n . Sworn to and subscribed before me on thio 10 }�.day of 19.1�1J\� R Notary Public . my Commission Expires: 83 Fees for Printing _ 4--� Cost of ProofI . : Total {�—�— - 8 - 5 . The Board of Adjustment may , in conformity with the provisions of this Ordinance , reverse or affirm , in whole or in part , or modify the order , requirement , decision , or determination appealed from any may make such order , requirement , decision , or determination as may be appropriate under the circumstances . SECTION XI : PENALTIES 1 . Any person violating any provision of this Ordinance shall , upon conviction thereof , be guilty of a misdemeanor and shall be punishable by a fine of not more than $ 500 . 00 or double that sum for each repetition of such offense ; provided , if the. violation is , in its nature , continuous in respect to time , the penalty for allowing the continuation " thereof shall not exceed $ 250 . 00 for each day that the same is unlawfully continued ; and shall be punishable by imprisonment for not more than 180 days or by both fine and imprisonment . SECTION XII : 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 , and the use of land , - or any other matter , the more stringent limitation or requirement shall govern and prevail . Section 2 . If any of the provisions of this Ordinance or the application thereof to any person or circumstances are 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 3 . The Board of Directors hereby determines that adequate regulation of the height of structures and objects of natural growth in the vicinity of the Fayetteville Airport is necessary for the public health , safety and welfare ; and that the passage of this Ordinance is necessary to provide such regulation . Therefore , an emergency is hereby declared to exist , and this Ordinance being necessary for the public health , safety and welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this day of 1981 • APPROV O MAYO ATTEST : ) (� CITY CLERK , : 3 • �� C3UJ