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HomeMy WebLinkAbout824ww 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: SECTION I: SHORT TITLE This ordinance shall be known and may be cited as "Batesville Regional Airport Zoning Ordinance". i requires: SECTION II: DEFINITIONS As used in this Ordinance, unless the context otherwise (1) AIRPORT - Means Batesville Regional Airport. (2) AIRPORT ELEVATION - Means the established elevatior of the highest point on the usable landing area. (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 estab- lished as the approximate geographic center of the airport landing area and so designated. (5) BOARD OF ADJUSTMENT - Means the members of the Batesville Aviation Commission now or hereafter lawfully serving on said Commission. (6) HEIGHT - For the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless other- wise specified. (7) 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, (8) LANDING AREA - Means the area of the Airport used for the landing, take -off or taxiing of aircraft. (9) NON -CONFORMING USE - Means any structure, tree, or use of land which is lawfully in existence at the time the regulation is prescribed in the Ordinance or an amendment thereto becomes effect- ive and does not then meet the requirements of - 2 - %W said regulation. (10) NON -INSTRUMENT RUNWAY - Means a runway other than an instrument runway. (11) 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. (12) RUNWAY - Means the paved surface of an airport landing strip. (13) STRUCTURE - Means an object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines. (14) TREE - Means any object of 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 Non -instrument Approach Zones, Transition Zones, Horizontal Zone and Conical Zone. Such lareas and zones are shown on Batesville Retional Airport Zoning Map consisting of 1 sheet, prepared by Rosin, Moseley & Egan, Inc. and dated October 1, 1972, which is attached to this Ordinance and made a part hereof. The various zones are hereby established land defined as follows: (1) INSTRUMENT APPROACH ZONES (a) Runway 7 - An instrument approach zone is established at the end of Runway 7 for instrument landings and take -offs. This instrument approach zone shall have a width of 1000 feet at a distance of 200 feet beyond the end of the runway, widening thereafter uniformly to a width of 16,000 feet at a (distance of 50,200 feet beyond the end of the runway, its center- line being the continuation of the centerline of the runway. - 3 - (b) Runway 25 - An instrument approach zone is established at the end of Runway 25 for instrument landings and take -offs. This instrument approach zone shall have a width of 1000 feet at a distance of 200 feet beyond the end of the runways widening thereafter uniformly to a width of 4,000 feet at a distance of 10,200 feet beyond the 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 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 uniformly to a width of 1500 feet at a distance of 5,200 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 runways, have variable widths as shown on the zoning map. Transition zones extend outward from a line 250 feet on either side of the center- line 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 center lines. The transition zones along such runways slopE upward and outward (1) foot vertically for each (7) feet horizon- tally 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 runwa: - 4 - approach zones from the base of such zones and slope upward and outward at the rate of (1) foot vertically for each (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 Ito the continuation of the centerline of the runway. (4) HORIZONTAL ZONE - A horizontal zone is hereby established at elevation 615 feet above mean sea level, the perimeter of which is constructed by swinging arcs of 10,000 foot radius from points on centerline and 200 feet beyond each end of runway 7-25 and connecting the adjacent arcs by lines tangent to said arcs. 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 estab- lished as the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of 4,000 feet. The conical zone does not include the instrument approach zones and the 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 hereby established for each of the zones in question as follows: (l) INSTRUMENT APPROACH ZONES (a) Runway 7 - One (1) foot in height for each fifty (50) feet in horizontal distance beginning at a point 200 feet from and at the elevation of the end of the instrument - 5 - .. `NW 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. (b) Runway 25 - One (1) foot in height for each thirty-four (34) feet in horizontalfdistance beginning at a point 200 feet from and at the elevation of the end of the instrument runway and extending to a distance of 10,200 feet from the end of the runway. (2) NON -INSTRUMENT APPROACH ZONES - One (1) foot in height for each twenty (20) feet in horizontal distance beginning at a point 200 feet from and at the elevation of the end of the non -instrument runway and extending to a point 5,200 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 any point 250 feet normal to and at the elevation of the centerline of non -instrument runways extending 200 feet beyond each end thereof, and 500 feet normal to and at the elevation of the centerline of the instrument runway, extending 200 feet beyond each end thereof, extending to a height of 150 feet above the airport elevation which is 615 feet above mean sea level. In addition to the fore- going, 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 or 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 maintained - 6 - beginning at the edge of the instrument approach zone and extend- ing a distance of 5,00.0 feet from the edge of the instrument approach zone measured normal to the centerline of the runway extended. (4) HORIZONTAL ZONE - One Hundred fifty (150) feet above the airport elevation or a height of 615 feet above mean sea level. (5) CONICAL ZONE - One (1) foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of 350 feet above the airport elevation. Where an area is covered by more than one (1) height limitation, the more restrictive limitations 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 45 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 (l) Regulations not Retroactive. The regulations pres-1 cribed 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 to the effective date of this Ordinance, or otherwise interfere with the continuance of - 7 - 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./ (2) 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 necessary by the Batesville Aviation Commission 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 Batesville, Arkansas. SECTION VII; PERMITS (1) Future Uses. Except as specifically provided in paragraphs a, b and c 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 therefor 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. (a) In the area lying within the limits of the horizontal zone and the Conical 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 - 8 - L= the height limits prescribed for such zone. (b) In the areas lying within the limits of the instrument and non -instrument approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runways, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such instrument or non -instrument approach zone. (c) 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 75 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 ,onstruction, 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. (2) Existing Uses. No permit shall be granted that ould allow the establishment or creation of an airport hazard r permit a non -conforming use, structure, or tree to be made or ecome higher, or become a greater hazard to air navigation, than t was on the effective date of this Ordinance or any amendments hereto or than it is when the application for a permit is made. xcept as indicated, all applications for such a permit shall be ranted. (3) Non -conforming Uses Abandoned or Destroyed. enever the Airport Manager determines that a non -conforming - 9 - 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. (4) 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 to the Board of Adjustment for a variance from such regulations. Such vari- ances 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. (5) 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 Batesville Aviation Commission 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 It shall be the duty of the Airport Manager to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Air- port Manager upon a form furnished by him. Applications required by this Ordinance to be submitted to the Airport Manager shall be promptly considered and granted or denied by him. Applications for action by the Board of Adjustment shall be forthwith trans- emitted by the Airport Manager. - 10 - SECTION IX: BOARD OF ADJUSTMENT (1) In addition to other authority the Batesville Aviation Commission has under the law, as the Board of Adjustment established by this Ordinance it shall exercise the following powers: (a) to hear and decide appeals from any order, require- ment, decision or determination made by the Airport Manager in the enforcement of this Ordinance; (b) to hear and decide special exceptions to the terms of this Ordinance upon which such Board of Adjustment under such regulations may be required to pass; (c) to hear and decide specific variances. (2) The members of the Batesville Aviation Commission, an existing legally constituted body, and their successors shall constitute the Board of Adjustment and shall exercise all power and authority the City can designate to a Board of Adjustment. Nothing in this Ordinance is intended to restrict any of the lawfu_ authority the Batesville Aviation Commission now has under State law. (3) The Board of Adjustment may adopt rules for its governance and procedure in harmony with the provisions of this Ordinance. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of tnesses. All hearings shall be public. Minutes shall be kept hof its proceedings showing the vote of each member upon each question or if absent or failing to vote, indicating such fact, d shall keep records of its examinations and other official ction, whcih shall be a public record. (4) The Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision or determination which comes before it under the provisions of this Ordinance. (5) The concurring vote of a majority of the members present at any meeting shall be sufficient to reverse any order, requirement, decision or determination of the Airport Manager or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variation in this Ordinance. SECTION X: APPEALS (1) Any person aggrieved, or any taxpayer affected, by any decision of the Airport Manager made in his administration of this Ordinance, if of the opinion that a decision of the Airport nager is an improper application of these regulations, may appeal to the Board of Adjustment. (2) All appeals hereunder must be taken within a reason able time as provided by the rules of the Board of Adjustment, by filing with the Airport Manager a notice of appeal specifying the grounds thereof. The Airport Manager 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 Airport Manager 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 certifi- cate a stay would, in his opinion, cause imminent peril of life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the agency from which the appeal is taken 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. (5) The Board of Adjustment may, in conformity with the provisions of this Ordinance, reverse or affirm, in whole or - 12 - lin part, or modify the order, requirement, decision or determinatic Jappealed from and may make such order, requirement, decision or determination, as may be appropriate under the circumstances. SECTION XI: JUDICIAL REVIEW Any person aggrieved by any decision of the Board of Adjustment, may within 30 days thereafter appeal to the Circuit (Court of Independence County as provided in Section 6 of Act 116 of the 1941 Acts of Arkansas (Ark. Stat. Ann. § 74-306). SECTION XII: PENALTIES Each violation of this Ordinance or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine or not more than $100.0.00 or imprisonment for not more than 90 days or both such fine and imprisonment, and each day a violation continues to exist shall constitute a separate offense. In order to prevent, restrain, correct or abate any violation of this ordinance, the Airport Manager shall institute, under the provisions of the Public Laws of Arkansas, proceedings for relief by way of injunction or other necessary relief in a court of competent jurisdiction. SECTION XIII: 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, or any other matter, the more stringent limit- ation or requirement shall govern and prevail. SECTION XIV: SEVERABILITY If any of the provisions of this Ordinance or the applications thereof to any person or circustances is held in- valid, such invalidity shall not affect other provisions or - 13 - 0 IWW' applications of the Ordinance which can be given effect without the invalid provision or applications, and to this end the provisions of this Ordinance are declared to be severable. SECTION XV: 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 the City of Batesville and publication and posting as required by law. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE this -�? `3 day of j j� �-, 19 FATTEST: C 44K MAYOR - 14 - 33- I I N 1� N Mile V� Mia V L(I Ilk t"! Fill 0 TRES: AIRPORT ELEV ICYN w -'46-e VSLj 1 AIR1810 RT REFER CE POINt WtPl) , ,,*LAT 33- 43', R/W 7-25- 150 x *OW 17-35,- 60' x '3512' OW "allp- --k A Too - SCALE: 1 = 2000' f 7 AIRPORT I OF I 10- 1-72' $026 '�A