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HomeMy WebLinkAbout609�0 1 0MI1,1ANCE NO. b AN ORDINaNCE REGLUIXING :;IID RESTRIOTIM THE HOICEU OF STRUCTURES AND OBJ_- TS OF M URAL GROr TH, AND Oi'HMWISE REGULATING THE USE OF PROPIWY, IN THE VICINITY OF THE BA TIOVILIS M)NICIPAL AMPOW BY CRE& IiTG AIRF ORP APPROACH, TR SMON, -AIM TURNING ZONES AND EXABL18HING THE BOUNDARIES THMEOFi PROVIDING FCR CHANGES IN THE RESTRIMIONS AM BOUNDARIES OF SUCH ZONES* DEFINING CIMAIN TERMS USED HE ZEIN; PROVIDING FCR 4NFCRCM=; AND nwt SING PL:d UILK'S. In pursuance of the authority conferred by The Airport Zoning Enabling Act, Act 116, Picts of Arkansas, 1941, and for the purpose of promoting the public health, safety, and general welfare, by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of users of the Batesville Mmicipal Airport and of occupants of land in its vicinity and preventing destruction or impairment of the utility of the Airport and the public investment therein; BE IT CRDAMW BY THE CI`iY COUNCIL OF THE CITY OF BA.TIOVILLE, :i: IStaS; Section 1. Short Title. This ordinance shall be known and may be cited as the "Airport Zoning Ordinance of Batesville, Arkansas", Section 2. Definitions. As used in this ordinance, unless the context otherwise required; (1) "Airport" means the Batesville Municipal Airport. (2) "Airport hazard" means any structure or tree or use of land mhich obstructs the airspace required for the flight of aircraft in landing or taking - off at the airport or is otherwise hazardous to such landing or taking -off of aircraft. (3) "Non -conforming use" means any structure, tree, or use of land which does not conform to a regulation prescribed in this ordinance or an amendment thereto, as of the effective date of such regulation. (4) "Person" means any individual, firm, copartnership, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. (5) "Structure" means any object constructed or installed by man, including but without limitation, buildings, towers, smoke -stacks, and overhead transmission lines. (6) "Landing Strip" means the area of the Airport used for the landing, take -off, or taxiing of aircraft. C2 (7) "Tree" means any object of natural growth. Section 3. Establishing Airport Hazard areas. For the purposes of this Ordinance, an area of land and water within a radius of 12,210 feet of a point hereinafter described and established, is hereby declared to be the airport hazard area, and the whole of such area is made subject hereto. Section 4. Radius Point of Batesville Municipal Airport Hazard Area# a point located at 16 � 50 on the center line of landing strip and being 1,965 feet South 890 151 East and 1,740 feet North 20 301 Fest from the Southwest corner of the S&4 of N4 of Section 33, Township 13 North, Range 6 nest, Inde- pendence County, Arkansas, is hereby established as the radius point of the Batesville Municipal airport Hazard Area. Section 5.. Division of Airport Hazard areas in the Zones,,The airport hazard area is hereby divided into separate zones as follows: airport approach Zones, Transition Zones, and 'Turning Zones. Such zones are determined by reference to surface areas and by height and use limitations. Section 6Designation of Landin Strips. For the purpose of fixing and determining thocations and restrictions of the surface zones, a certain land- ing strip is hereby designated and declared upon the surface area of the airport, said landing strip being a strip of land 300 feet wide lying adjacent to and 150 feet each side of the following described center line; Beginning at a point in the North line of the S11�4 of Section 33, Township 13 North, Range 6 West, Independence County, ArKansas, said point being 19965 feet South 890 151 East of the South-vrest corner of the S f4 of IT y, of Section 33, thence North 20 30t 'i'lest at 90'Feet the South end of the landing strip, and continuing a total distance of 3,390 feet to the North end. Section 7, Schematic Drawink• attached - osesTh� ereof. attached hereto and made a part hereof for limited purposes is a schematic drawing, Exhibit A, relating to the Batesville 1,unicipal airport. Its purpose and use is restricted to verifying the meaning and explaining this ordinance only as to the general plan and principals involved in determining the location and areas of the various zones. It is drawn only to an approximate scale and upon an assumed level of surface elevations, and shall not govern in establishing an exact point or boon pry line. C % a i d ""`'(�/ to p c.o.,/� ` �^t �v� w a r ..--I.,� I-X-�L � moi: -2- treasThere is hereby established and Section g_ roach Zone Surface . strip. The roach zones at and joining:, each end of the landing declared to be app Pattern and are bounded surface areas of such approach zones form a trap ezoidal a$ follows: strip and Being 300 feet wide at the end of the landing in 150 feet each side of the center line then diverting ly g to a width of 935 feet, lying 462.5 feet each side of the projected center line of said landing strip, at a distance of 39000 feet. Section 9. Transition Zone Surface �,,reas. There is hereby established o be Transition Zones of two types deterr}tined as follows: and dec laze d t roach zone, That which lies adjacent to each side of each app es. One the surface area boun,d3,ries of which fora triangles. ton long eis1, 050 feet surface boundary of such transition the extension Of t'ae 300 foot and lying along end of the The second surface boundary is the same as approach zone* the longer boundary line of the a�ah zone. proac The third is a straight line connecting the outer surface boundary points and closing the triangle. (2) That which lies adjacent to each side of the landing strip, the surface area boundaries of which form rectangles. One . transition zone is the longer surface boundary of such strip. Two surface boundaries are boundary of the landing ensions of the ach 1 050 feet long and lying alone' the ext e � ends of the landing strip. The fourth surface boundary is aralleling the longer boundary of the landing strip line P . and of equal length to itb established and Section 10. Turns Zone Surface area. There is hereby Ing zone surface area which shall be and consist of all declared to be a turn ng the airport hazard area not otherwise herein specs of the area lying Within one surface area* included in the landing strips or another z fically 1 as otherwise Provided in this Section 11. I3ei t Limitations. Except no structure or tree shall be exacted, altered, allowed to grow, ordinance, airport turning zone or maintained in any airport approach zone surface area, surf ac ® area, or airport transition zone- surface one surface area, to a height -1--a eao0ss -3- of the height limit herein established for such zone. For pure o se s of this ordinance, the following height limits are hereby established for each of the zones in question. : heist Section 12. a�. L roach Zone Surface �ixeas Hei t imitations* limitation the ap!?roach zone is hereby established which will provide the height a clear space above the entire surface area of the approach zone, 1 imitation being represented by a sloping plane, the base of which coincides with the ends of the landing strip and extends outward and upward on a ratio vrl acted distance of 20' horizontal to 1' vertical and to a total horizontal proj of the landing strip and a total height of 150' of 3,000 feet from the end above the elevation of the end of landing strip*,, r -;,,,4+ations. A height Section 13. 'rrans�yluu within the transition zone is hereby established which will provide limitation the height a clear space above the entire surface area of the transition zone, limitation being represented by a sloping plane, the base of which coincides one edge of the landing strip and the longer side of the two approach zones with 1 vertical and and extends outvrard and upward on a ratio of 7' horizontal to 1 to a total horizontal projected distance of 1,050' and a height of 150' above Dint of the landing strip* the elevation of the nearest p d height limi- Section 14. Turni Zone Surface jireas Bei t Limitations the landing strip is hereby tation of 150 feet above the nearest Point of prescribed in the turning zone. Restrictionsnotwithstanding any other provisions of this Section 15. Use . OSch zone, transition ordinance, no use may be made of land within any airport aPPr zone or turning zone in such a manner as to create electrical interference with unieation between the .�irpoY"'t and aircraft, makfor flyers e it difficult radio comm is and others result in glare in the eyes o to distinguish between airport lid. flyers using the Airport, impair visibility in the vicinity of the Airport, or otherwise endanger the landing, taking -off or maneuvering of aircraft. action 16. ikon -Conform' uses. The regulations prescribed in Sections S ot be construed to require the11 to 75 inclusive, of this ordinance shall lowering or structure or tree not other change or alteration of any removal, or othervai.se conforming to the regulations as of the effective date hereof, herein con - interfere with the continuance of any non-eonfor.ink use. �dothiag all require any change in the construction, alterationor intended use , tamed sh s.or to the Of any structure the construdtion or alteration of which was begun pr -4- effective date of this ordinance, and is diligently prosecuted and completed within two years thereof. Section 17. Variances. Any person desiring to erect any structure or in- crease 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 therefrom. Such variance shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnedessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of this ordinance. Section 18. Permits. (1) Future Uses. 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 airport approach zone, transition zone or turning zone, unless a permit therefor shall have been applied for and granted. Each such application shall indicate the purpose for which the permit is desired, with sufficient particu- larity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such deterndnation is in the affirmative, the permit applied for shall be granted. (2) Existing Uses., Before any existing use, structure or tree may be re- placed, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, within any airport approach zone, transition zone, or turning zone, a permit must be secured authorizing such replace_:ent, change, or repair. ro such permit shall be granted that would allow the establishment or creation of any airport hazard or permit a nnn-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 than it is when the application for a permit is made. Except as indicated, all applications for a permit for replacement, change or repair of existing use, structure, or tree shall be granted. Section 19. Hazard Llarking, and Lighting., Any permit or variance granted may, if such action is deemed advisable to effectuate the purposes of this ordi- nance and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the City of Batesville, at its own expense, to install, operate, and maintain thereon such markers and liChts as may be necessary to indicate to flyers the presence of an airport hazard. -I l Section 20. administrativePnc r� The Cita,- Council is herebydesignated grated the administrative agency charged with the duty of administering and enforcing the regulations herein prescribed. The duties of the City Council shall include that of hearing and deciding all permits under Section 18. Section 21, Judicial Revie4jr. by any decision of the City Counany person aggrieved, or taxpayer affected, cil may appeal to the Circuit Court of Indepen- dence County as provided in Section 6 of The Airport Zoning Enabling; Act, pct 116, Acts of 4; rkansas, 1941. Section 22. Penalties. Each violation of this ordinance or of any regulation order or ruling promulgated hereunder shall be punishable by a fine of not more than '100.00 or imprisonment for not more than thirty days, or both such fine and imprisonment, and each day a violation continues shall be a separate offense. Section 23. Severability. If any of the provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such in- validity 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 24. Emargencv Clause. It is ascertained and declared that the prevention of the creation or establishment of airport hazards is immediately necessary for protecting the lives and property of users of the Batesville Muni- cipal Airport and of occupants of land in its vicinity and for preventing destruc- tion or impairment of the utility of the airport and the public investment therein; than an emergency exists; and therefore for the immediate preservation of the public peace, health and safety this ordinance shall be in full force and effect immediately upon its passage and approval, Passed and approved this _ 1 p day of AU 1 19� i .. _..:..._. _ _• i 1e-�`...:+tet..