title
AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHTS OF STRUCTURES AND OBJECTS OF NATURAL GROWTH AND OTHERWISE REGULATING THE USE OF PROPERTY IN THE VICINITY OF THE JONESBORO MUNICIPAL AIRPORT BY CREATING AIRPORT APPROACH, TRANSITION AND TURNING ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; PROVIDING FOR ENFORCEMENT; AND IMPOSING PENALTIES
body
In pursuance of the authority conferred by the Airport Zoning Enabling Act, Act 116, Acts 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 Jonesboro Municipal 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS:
SECTION 1. Short Title. This ordinance shall be known and may be cited as the “Airport Zoning Ordinance of Jonesboro, Arkansas.”
SECTION 2. Definitions. As used in this ordinance, unless the context otherwise requires:
(1) “Airport” means Jonesboro Municipal Airport.
(2) “Airport hazard” means any structure or tree or use of land which obstructs the air space 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) “Nonconforming 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, 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 construed or installed by man, including but without limitation, buildings, towers, smoke stacks and overheard transmission lines.
(6) “Landing strip” means the area of the airport used for the landing, take off or taxiing of aircraft.
(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 14.720/ 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 Jonesboro Municipal Airport hazard area. A point which is the center of Section 22, Township 14 North, Range 4 East, Craighead County, Arkansas, is hereby established as the radius point of the Jonesboro 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 6. Designation of landing strips. For the purpose of fixing and determining the locations and restrictions of surface zones, certain landing areas or strips are hereby designated and declared upon the surface area of the airport as follows:
(1) North-south runway. The north-south landing strip consists of a rectangular area 300’ wide and 4100’ long, the centerline of which is located 150’ from each side of the landing strip and such centerline is also the centerline of an existing 150’ wide and 4100’ long paved runway; the north and south ends of said landing strip centerline being specifically described as follows:
Beginning at the radius point described in Section 4 above; thence east 1005’ more or less along the south side of the NE ¼ of Section 22 to the centerline of said runway; thence south a distance of 1550’ more or less to a point which is the south end of the north-south landing strip centerline; thence north a distance of 4100’ to a point which is the north end of the north-south landing strip centerline.
(2) Northwest-southeast runway. The northwest-southeast landing strip consists of a rectangular area 300’ wide and 4100’ long, the centerline of which is located 150’ from each side of the landing strip and such centerline is also the centerline of an existing 150’ wide and 4100’ long pave runway; the northwest and southeast ends of said landing strip centerline being specifically described as follows:
Beginning at the radius point described in Section 4 above; thence west 375’ more or less along the south side of the NW ¼ of Section 22 to the centerline of the runway, thence south 45°E, a distance of 2135/ more or less to a point which is the southeast end of the northwest-southeast landing strip centerline; thence north 45°W a distance of 4100’ to a point which is the northwest end of the northwest-southeast landing strip centerline.
(3) Northeast-southwest runway. The northeast-southwest landing strip consists of a rectangular area 300’ wide and 4400’ long, the centerline of which is located 150’ from each side of the landing strip and such centerline is also the centerline of an existing 150’ wide and 4400’ long paved runway. The northeast and southwest ends of said landing strip centerline being specifically described as follows:
Beginning at the radius point described in Section 4 above; thence north 890’ more or less along the west side of the NE ¼ of Section 22 to the centerline of said runway; thence north 45°E a distance of 3460’ more or less to a point which is the northeast end of the northeast-southwest landing strip centerline; thence south 45°W a distance of 4400’ to a point which is the southwest end of the northeast-southwest landing strip centerline.
SECTION 7. Schematic drawing attached - purposes thereof. Attached hereto and made a part hereof for limited purposes is a schematic drawing, Exhibit A, relating to the Jonesboro Municipal 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 boundary line.
SECTION 8. Approach zone surface areas. There are hereby established and declared to be approach zones at and joining each end of each landing strip. The surface areas of such approach zones for a trapezoidal pattern and as to the respective landing strips are bounded as follows:
(1) North-South landing strip. Each being 300’ wide at each end of the landing strip and lying 150’ each side of its centerline, then diverging to a width of 1549.92’, lying 774.96’ each side of the projected centerline of said landing strip at a distance of 6000’.
(2)Northwest-Southeast landing strip. Each being 300’ wide at each end of the landing strip and lying 150’ each side of its centerline, then diverging to a width of 1549.92’, lying 774.96’ each side of the projected centerline of said landing strip at a distance of 6,000’.
(3) Northeast-Southwest landing strip. Each being 300’ wide at each end of the landing strip and lying 150’ each side of its centerline then diverging to a width of 1549.92’ lying 774.96’ each side of the projected centerline of said landing strip at a distance of 6,000’.
SECTION 9. Transition zone surface areas. There are hereby established and declared to be transition zones of two types determined as follows:
(1) That which lies adjacent to each side of each approach zone, the surface area boundaries of which form triangles. One surface boundary of such transition zone is 1050 feet long and lying along the extension of the end of the landing strip. The second surface boundary is the same as the longer boundary line of the approach zone. The third surface boundary is a straight line connecting the outer 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 surface boundary of such transition zone is the longer boundary of the landing strip. Two surface boundaries are each 1,050 feet long and lying along the extensions of the ends of the landing strip. The fourth surface boundary is a line paralleling the longer boundary of the landing strip and of equal length to it.
SECTION 10. Turning zone surface area. There is hereby established and declared to be a turning zone surface area which shall be and consist of all of the area lying within the airport hazard area not otherwise herein specifically included in the landing strips or another zone surface area.
SECTION 11. Height limitations. Except as otherwise provided in this ordinance, no structure or tree shall be erected, altered, allowed to grow or maintained in any airport approach zone surface area, airport turning zone surface area, or airport transition zone surface area to a height in excess of the height limit herein established for such zone. For purposes of this ordinance, the following height limits are hereby established for each of the zones in question.
SECTION 12. Approach zone surface areas height limitations. A height limitation within each approach zone is hereby established which will provide a clear space above the entire surface area of the approach zone, the height limitation being represented by a sloping plane, the base of which coincides with the end of the landing strip and extends outward and upward on a ratio of 40 feet horizontal to 1 foot vertical and to a total horizontal project distance of 6000 feet from the end of the landing strip and 150 feet above the elevation of the end of the landing strip.
SECTION 13. Transition zone surface areas height limitations. A height limitation within each transition zone is hereby established which will provide a clear space above the entire surface area o the transition zone, the height limitation being represented by a sloping plane, the base of which coincides with one edge of the landing strip and the longer side o the two approach zones and extends outward and upward on a ration of 7 feet horizontal to 1 foot vertical and to a total horizontal projected distance of 1050 feet and a height of 150 feet above the elevation of the nearest point of the landing strip.
SECTION 14. Turning zone surface areas height limitations. A height limitation of 150 feet above the nearest point of the landing strip is hereby prescribed as the turning zone.
SECTION 15. Use restrictions. Notwithstanding any other provisions of this ordinance, no use may be made of land within any airport approach zone, transition zone or turning zone 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 other, 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 16. Nonconforming uses. The regulations prescribed in Section 11 to 15, inclusive of this ordinance shall not be construed to require the removed, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date hereof, or otherwise interfere with the continuance of any nonconforming 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 and completed within two years thereof.
SECTION 17. Variances. Any person desiring to erect any structure 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 for a variance therefrom. Such variance shall be allowed where 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 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 and above any airport approach zone, transition zone or turning zone, as defined and limited in Sections 8 to 14 inclusive, 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 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 applied for shall be granted.
(2) Existing use. Before any existing use, structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, in and above any airport approach zone, transition zone or turning zone, as defined and limited in Section 8 to 14 inclusive, a permit must be secured authorizing such replacement, change or repair. No such permit shall be granted that would allow the establishment or creation of any 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 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 marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purposes of this ordinance 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 Jonesboro its own expense to install, operate and maintain thereon such markets and lights as may be necessary to indicate to flyers the presence of an airport hazard.
SECTION 20. Administrative agency. The City Council of the City of Jonesboro is hereby designated 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 review. Any person aggrieved or taxpayer affected by any decision of the City Council may appeal to the Circuit Court of Craighead County as provided in Section 6 of the Airport Zoning Enabling Act. Act 116, Acts of Arkansas, 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 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 24. Emergency 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 Jonesboro Municipal Airport and of occupants of land in its vicinity and for preventing destruction or impairment of the utility of the airport and the public investment therein; that 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 5th day of September, 1949.