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:
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1 t,; (Y CLtRK OFFICE
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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.
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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
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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.
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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.
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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.
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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:
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