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1452ORDINANCE 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 AIR- PORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING 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; AND IMPOSING PENALTIES. r~ This Ordinance is adopted pursuant to the authority conferred by A.C.A.14-363-201 ET SEQ. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the West Memphis Municipal Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of the West Memphis 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 West Memphis 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 West Memphis Municipal Airport; (2) that it is necessary in the interest of the public health, public safety, and general welfare that the creation or estab- lishment of obstructions that are a hazard to air navigation be prevented; and (3) that the prevention of these obstructions should be accom- plished, to the extent legally possible, by the exercise of the police power without compensation. It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or the marking and lighting of obstructions are public purposes for which a political subdivision 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: p~ r etpp 1 t,; (Y CLtRK OFFICE ~4~ SECTION I: SHORT TITLE This Ordinance shall be known and may be cited as "West Memphis Municipal Airport Zoning Ordinance". SECTION II: DEFINITIONS As used in this Ordinance, unless the context otherwise requires: 1. AIRPORT -means West Memphis Municipal Airport. 2. AIRPORT ELEVATION - The highest point of an airport's usable landing area measured in feet from 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 plan the perimeter of the approach surface coin- cides with the perimeter of the approach zone. 4. APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES - These zones are set forth in Section III of this Ordinance. 5. BOARD OF ADJUSTMENT - A Board consisting of the Mayor and ten members as provided in Ordinance 1258. 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 utiliza- { tion of the navigable airspace. ~ 8. 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 otherwise specified. 9. HORIZONTAL SURFACE - A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan 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. z 11. NONCONFORMING USE - Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this ordinance or an amendment thereto. 12. NONPRECISION INSTRUMENT RUNWAY - A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach proce- dure has been approved or planned. 13. OBSTRUCTION - Any structure, growth, or other object, in- cluding a mobile object, which exceeds a limiting height set forth in Section IV of this Ordinance. 14. PERSON - An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them. 15. 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. 16. 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 pri- mary 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. 17. RUNWAY - A defined area on an airport prepared for landing and take-off of aircraft along its length. 18. STRUCTURE - An object, including a mobile object, construct- ed or installed by man, including but without limitation, build- ings, towers, cranes, smokestacks, earth formation, and overhead transmission lines. 19. TKANSITIONAL SURFACES - These surfaces extend 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. Tran- sitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the 3 conical surface, extend a distance of 5,000 feet measured hori- zontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline. 20. TREE - Any object of natural growth. 21. UTILITY RUNWAY - A runway that is constructed for an intend- ed to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less. 22. VISUAL RUNWAY - A runway intended solely for the operation of airerft using visual approach procedures. SECTION III: AIRFORT 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 beneath the approach surfaces, transitional sur- faces horizontal surfaces, and conical surfaces as they apply to the West Memphis Municipal Airport. Such zones are shown on the West Memphis Airport Zoning map consisting of one (1) sheet, prepared by Ellers, Oakley, Chester and Rike, Inc, and dated September 1990 which is attached to this Ordinance and made a part hereof. An area located in more than one (1) of the follow- ing 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. jj$3,1ity $y Visual g~nroach Zone - The inner edge of this approach zone coincides with the width of the primary surface and is one hundred (100) feet wide. The approach zone expands out- ward uniformly to a width of 1,250 feet at a horizontal distance of 5,p00 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. 2. $3dlu~y L~9.~ Th,~D jj#~,,l.i~y With ~, Visibility Minimum ~ ~d g~ .~, M~,~g NQUBrgcisi4n Ins~rum~at Aogroach Z4Re - The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands out- ward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. 3. Precision I~trum~nt Runy~av ~,yproa~h Zone- The inner edge of this approach zone coincides with the width of the primary sur- face 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. 4 4. ?'ransit,~onal Zones - The transitional zones are the areas beneath the transitional surfaces. 5. j~orizontal Zone - The horizontal zone is established by swing- ing arcs of ten thousand (10,000) feet radii from the center of each end of the primary surface of each runway 17L/35R and con- necting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transition- al zones. 6. Co ical Zone - The conical zone is established as the area that commences at the periphery of the horizontal zone and ex- tends outward there Prom 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 limit herein established for such zone. Such applicable height limitations are hereby estab- lished for each of the zones in question as follows: 1 • I;~'~X Runwav y;~sual 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 horizon- tal distance of 5,000 feet along the extended runway centerline. Z • 8~nwav $.~.~ T11~ii tTt~,~y With }i Visibility ~ gg ~ ~ ~.,L4 Mile Nodprecision Instrument A,8 roach Zone - Slopes thirty- four (34) 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 Peet along the extended runway centerline. 3. Precision Instrument $un. wav Antiroach Zone - Slopes fifty (50) feet outward for each foot upward begining at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,p00 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. 4. ~~~~ional 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 212 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 at the same elevation s 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 estab- lished height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at 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 center- line. 5. Horizontal Zone - Established at one hundred fifty (150) feet above the airport elevation or at a height of 362 feet above mean sea level. 6. ~s~,.~.1 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. 7. ceg~e_d Heicrht Limitations- Nothing in this Ordinance shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to forty-five (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 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. ]~3eg{a,lations ~t Retra~;ctive- The regulations prescribed by this Ordinance shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this Ordinance, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alternation, 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 2. Markina Lighting- Notwithstanding the preceding provi- sion of this Section, the owner of any existing nonconforming 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 obstruction. Such markers and lights shah be installed, operated, and maintained at the expense of the West Memphis Airport Commission. SECTIQN VII: PERMITS 1. lure Uses- Except as specifically provided in a, b, and c hereunder, 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 therefore shall have been applied for and granted. Each applica- tion 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 determina- tion is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this ordi- nance shall be granted unless a variance has been approved in accordance with Section VII, 4. 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. 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 seventy- five feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topo- graphic 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 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, 10. 2. Existing Uses - No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to 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 appli- cation for a permit is made. Except as indicated, all applica- tions for such a permit shall be ra +~,,, g nted . 3 . ~n on o~^n+~ *-a Uses Abandoned ~ Destroved - Whenever the city building inspector determines that a nonconforming tree or struc- ture has been abandoned or more than fifty (50) 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 property, not in accordance with the regulations prescribed in this Ordinance, may apply to the Board of Adjustment for a vari- ance from such regulations. The application for 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. Such variance shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief grant- ed, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this ordinance. Additional- ly, no application for variance to the requirements of this Ordinance may be considered by the Board of Adjustment unless a copy of the application has been furnished to the West Memphis Airport Commission for advice as to the aeronautical effects of the variance. If the West Memphis Airport Commission does not respond to the application within f fifteen (15 ) days after re- ceipt, the Board of Adjustment may act on its own to grant or deny said application. 5. Obstruction Marilci.na ~ 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 install, operate, and maintain, at the own- er's expense, such markings and lights as may be necessary. If deemed groper by the Board of Adjustment, this condition may be e modified to require the owner to permit the West Memphis Airport Commission at its own expense, to install, operate, and maintain the necessary markings and lights. SECTION VIII: ENFORCEMENT 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 Buiiidng Inspec- tor upon a form published for that purpose. Applications re- quired by this Ordinance to be submitted to the City Building Inspector shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forth- with transmitted by the City Building Inspector. SECTION IX: APPEALS 1. Any person aggrieved, or any taxpayer affected, by any deci- sion of the City Building Inspector made in the administration of the ordinance, may appeal to the Board of Adjustment. 2. All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Adjustment, by filing with the City Building Inspector a notice of appeal specifying the grounds thereof. The City Building Inspector shall forthwith transmit to the Hoard 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 City Building iNspector 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 the opinion of City Building Inspector cause imminent peril to life or property. In such case, proceedings shall not be stayed except by the order of the Board of Adjust- ment on notice to the City Building Inspector 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 provi- sions of this Ordinance, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as may be appropriate under the circumstances. 9 SECTION X: JUDICIAL REVIEW Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment, may within 30 days appeal to the circuit court of Crittenden County, Arkansas. SECTION XI: PENALTIES Each violation of this Ordinance or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and shall be punishable by a fine of not more than $250.00 dollars; and each day a violation continues to exist shall constitute a separate offense. SECTION XII: CONFLICTING REGULATIONS Where there exists $ conflict between any of the regulations or limitations prescribed in this Ordinance and any other regula- tions 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 XIII: SEVERABILITY 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 XIV: REPEALING GLAUSE Ordinance 467 of the City of West Memphis is hereby repealed. so PASSED AND APPRO`TED thi s ~~~ day of ~ er P,,, ~.. -^ ~ 199Q. ,Vitt ~/hayor Keith M. Ingram, Mayor ATTEST: Dan Craft, C SPONSORS: ~~