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ww ORDINANCE NO. 'K%L jf AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHER- WISE REGULATING THE USE OF PROPERTY, IN THE VICINITY OF THE BATESVILLE REGIONAL AIRPORT BY CREATING AIRPORT APPROACH ZONES, TRANSITION ZONES, HORIZONTAL ZONE AND CONICAL ZONE, AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONE; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE BATESVILLE REGIONAL AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF APPEALS; AND IMPOSING PENALTIES. This ordinance is adopted pursuant to the authority conferred by Act 116 or 1941 (Ark. Stat. Ann. §§ 74-301--3o8 (Repl. 1957) and Act 17 of 1968 (1st Ex. Sess.) Ark. Stat. Ann. §§ 74-216--74-235 (Supp. 1969). It is hereby found that an airport hazard endangers the lives and property of users of Batesville Regional 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, taking off and maneuvering of aircrafts, thus tending to destroy or impair the utility of Batesville Regional Airport and the public investment therein. Accordingly, it is declared: (1) that the creating or establishment of an airport hazard is a public nuisance and an injury to the region served by Batesville Regional Airport; (2) that it is necessary in the interest of the public health, safety and general welfare that the creation or establishment of airport hazards be prevented, and; (3) that the prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. I It is further declared that both the prevention of the creation 3 or establishment of airport hazards and the elimination, removal, j alteration, mitigation, or marking and lighting of existing air- i port hazards are public purposes for which political subdivisions i may•raise and expend public funds and acquire land or interests it land. IT IS HEREBY ORDAINED by the City Council of the City of Batesville, Arkansas: