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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,
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.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
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ORDINANCE NO . '7G/T!l0,
O
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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 .
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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
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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 .
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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 .
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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
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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 ,
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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 .
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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:
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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 {�—�—
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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