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467,.. ~ 4 ORDINANCE NO.~ AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY IN THE VICINITY OF THE WEST MEMPHIS MUNICIPAL AIRPORT BY CREATING AIRPORT APPROACH ZONES, TRANSITION ZONES, HORIZONTAL 20NE AND CONICAL ZONE, AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DE- FINING CERTAIN TERMS USED HEREIN; REFERRING TO THE WEST MEMPHIS MUNICIPAL AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; PROVIDING FOR APPEALS; IMPOSING PENALTIES AND DECLARING AN EMERGENCY. This ordinance is adopted pursuant to the authority conferred by statutes of the State of Arkansas. It is hereby found that an airport hazard endangers the lives and property of users of the West Memphis Municipal 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 landing, taking- off and maneuvering of aircraft, thus tending to destroy or impair the utility of the West Memphis Municipal Airport and the public investment therein. Accordingly, it is declared: (1) that the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the West Memphis Municipal Airport; (2) that it is necessary in the interest of the health, public safety and general welfare that the creation or establish- ment of airport hazards be prevented, and; (3) that the prevention of these hazards should be accomplished, to the extent legally pos- sible, by the exercise of the police power without compensation. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, al- teration, mitigation, or marking and lighting of existing airport ~- ~~ hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or interests in land. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: Section 1. Short Title - This ordinance shall be known and may be cited as "West Memphis Municipal Airport Zoning Ordinance." Section 2. Definitions - As used in this ordinance unless the context otherwise requires: (1) Airport - means West Memphis Municipal Airport. (2) Airport Elevation - means the established elevation of the highest point on the useable 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 that point established as the approximate geographic center of the airport landing area and so designated. (5) Board of Adjustment - means a board consisting of eight (8) members appointed by the City Council as provided by Ordinance No. 411. (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 mean sea level elevation unless other- wise specified. (7) Landing Area - means the area of the airport used for the landing, take-off or taxiing of aircraft. - 2 - (8) Non-Conforming Use - means any structure, tree, or use of land which is lawfully in existence at the time the regu- lation is prescribed in the ordinance or an amendment thereto be- comes effective and does not then meet the requirements of said regulation. (9) Non-Instrument Runway - means a runway other than an instrument runway. (10) Person - means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, adminis- trator, executor, guardian, or other representative. (11) Runway - means the paved surface of an airport landing strip. (12) Structure - means an object constructed or installed by man, including, but without limitation, buildings, towers, smoke- stacks, and overhead transmission lines. Section 3. 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 areas and zones are shown on the West Memphis Airport Zoning Map, consisting of one (1) sheet, prepared by C. H. Bond, Jr., engineer, and dated September, 1964, which is attached to this ordinance and made a part hereof. The various zones are hereby es- tablished and defined as follows: (1) Non-Instrument Approach Zone - A non-instrument approach zone is established at each end of all non-instrument run- ways on the West Memphis Municipal Airport for non-instrument landings - 3 - and take-offs. The non-instrument approach zone shall have a width of 400 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 2400 feet at a distance of 10,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. (2) Transition Zones - Transition zones are hereby established adjacent to each 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 200 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 are parallel and level with such runway center lines. The transition zones along such runways slope upward and outward one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to non-instrument approach zones for the entire length of the approach zone. These transition zones have variable widths, as shown on the zoning map. Such transition zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one (1) foot vertically for each seven (7) feet horizontally to the points where they intersect the sur- faces of the horizontal and conical zones. (3) Horizontal Zone - A horizontal zone is hereby established as the area within a circle with its center at the airport reference point and having a radius of 7000 feet. The - 4 - horizontal zone does not include the non-instrument approach zones and the transition zones. (4) Conical Zone - A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of 5000 feet. The conical zone does not include the transition zones. Section 4. 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 estab- lished for such zone. Such height limitations are hereby estab- lished for each of the zones in question as follows: (1) Non-Instrument Approach Zones - One (1) foot in height for each forty (40) 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 10,200 feet from the end of the runway. (2) Transition Zones - One (1) foot in height for each seven (7) feet in horizontal distance beginning at any point 200 feet normal to and at the elevation of the centerline of non-instrument runways extending 200 feet beyond each end thereof, extending to a height of 150 feet above the airport elevation which is 211.78 feet above mean sea level. In addition to the foregoing, there are established height limits of one (1) foot vertical height for each seven (7) feet hori- zontal 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. (3) Horizontal Zone - One hundred fifty (150) feet above the airport elevation or a height of 361.78 feet above mean sea level; and - 5 - (4) 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 400.0 feet above the airport elevation. Where an area is covered by more than one (1) height limitation, the more restrictive limitation 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 forty-five (45) feet above the surface of the land. Section 5. 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 6. Non-Conforming Uses - (a) Regulations Not Retroactive. The regulations prescribed by this ordinance shall not be construed to require the removal, lower- ing, or other changes or alteration of any structure or tree not con- forming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of 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. - 6 - ,, (b) 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 West Memphis Airport 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 West Memphis Airport Commission. Section 7. Permits. (a) Future Uses. Except as specifically provided in paragraphs 1, 2 and 3 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 ap- plication for a permit shall indicate the purpose for which the per- mit is desired, with sufficient particularity to permit it to be de- termined 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. (1) 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 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 the height limits prescribed for such zone. (2) In the areas lying within the limits of the non- instrument approach zones, but at a horizontal distance of not less - 7 - ,.,~ 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 non-instrument approach zone. (3) 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 construction, 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 4. (b) Existing Uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-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 any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted. (c) Non-Conforming Uses Abandoned or Destroyed. Whenever the city building inspector determines that a non-conforming structure or tree has been abandoned or more than fifty (50) per cent torn down, physically deteriorated, or decayed, no permit shall be granted that - 8 - would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. (d) 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 variances shall be allowed where it is duly found that a literal application 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. (e) 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 require the owner of the structure or tree in question to permit the West Memphis Airport 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 8. Enf"orcement. It shall be the duty of the city building inspector to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the city building inspector upon a form furnished by him. Applications required by this ordinance to be submitted to the city building inspector shall be promptly con- sidered and granted or denied by him. Application for action by the Board of Adjustment shall be forthwith transmitted as provided in Ordinance No. 411 of the City of West Memphis. - 9 - ~ .,~ Section 9. Appeals. (a) Any person aggrieved, or any taxpayer affected, by any decision of the city building inspector made in his adminis- tration, if of the opinion that a decision of the city building inspector is an improper application of these regulations, may appeal to the Board of Adjustment. (b) All appeals hereunder shall be pursuant to the rules of the Board of Adjustment as set forth in Ordinance No. 411. Section 10. Judicial Review. Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment, may appeal to the Circuit Court of the county within which the structure or object of natural growth in question is located. Section 11. Penalty. Each violation of this ordinance, or of" any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not less than 525.00 nor more than 51,000.00, and each day a violation continues to exist shall con- stitute a separate offense. Section 12. 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 limitation or requirement shall govern and prevail. Section 13. Severability. If any of the provisions of this ordinance, or the application thereof to any person or circumstances is held invalid, - 10 - .; : t 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 14. Emergency Clause. It being determined that this ordinance is immediately necessary for the preservation of the public health, public safety and general welfare, an emergency is declared to exist and this ordinance shall be in f"ull force and effect from and after its passage, approval and publication as required by law. PASSED this -~~~ day of , 1964. MAYOR ATTEST: ..-.--. CITY CLERK