[HISTORY: Adopted by the Annual Town Meeting
of the Town of Yarmouth 4-7-1981 by Art. 16.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was derived from
Sections 8.01 through 8.07 of the Town of Yarmouth Bylaws and was
originally adopted in 1957.
This chapter shall be known and cited as the
"Airport Approach Protection Bylaw of the Barnstable Municipal Airport."
As used in this chapter, unless the context
otherwise requires, the following terms shall have the meanings indicated:
The Barnstable Municipal Airport Commission and the Board
of Selectmen for the Town of Yarmouth, which are hereby designated
as the agencies charged with administering the regulations herein
prescribed.
The Barnstable Municipal Airport.
Any airspace above the areas defined and shown on a map titled
"Map of Approach Zones, Barnstable Municipal Airport, Hyannis, Massachusetts,"
dated 2-1-1957.
Any structure or tree which extends into any airport approach
zone.
Any individual, firm, partnership, corporation, company,
association or joint-stock association, and includes any trustee,
receiver, assignee or other similar representative thereof.
Any object or structure installed by man, including any object
regulated or licensed under any other provision of law.
A tree or other object of natural growth.
It is hereby declared that the existence of
any airport hazard endangers the lives and property of the users of
the Barnstable Municipal Airport and the occupants of the land in
its vicinity and effects a reduction of the area available for the
landing, taking off and maneuvering of aircraft, thus tending to impair
the utility of the airport and the public investment therein. Accordingly,
it is necessary in the interest of public health, safety and general
welfare that the creation, establishment or maintenance of airport
hazards be prevented by exercise of police power, without compensation
to any person, except as herein specifically provided.
Except as otherwise provided in this chapter, no structure may be erected or altered or any tree permitted to grow or be maintained to a height which would exceed the elevation of the end of the runway by a vertical distance hereby established for each of the following areas, as shown and indicated on the map referred to in § 58-2:
A.
Area A: 1/40 of the shortest horizontal distance from
the structure or tree, or any part thereof, to a line 200 feet outward
from and parallel to the end of the runway within the approach zone
in which the structure or tree is located.
B.
Area B: 1/50 of the shortest horizontal distance from
the structure or tree, or any part thereof, to a line 200 feet outward
from and parallel to the end of the runway within the approach zone
in which the structure or tree is located.
C.
Area C: 1/40 of the shortest horizontal distance from
the structure or tree, or any part thereof, to the outer end of Area
B, such vertical height to be exclusive of and in addition to the
vertical height limit permitted at the outer end of Area B, within
the approach zone in which the structure or tree is located.
The limitations prescribed in this chapter shall
not be construed to require the removal, lowering or other change
or alteration of any structure or tree not conforming to these regulations
as of the effective date thereof or otherwise interfere with the continuance
on any such nonconforming use. Nothing herein contained shall be construed
to permit any such nonconforming structure or tree to be substantially
altered or repaired, rebuilt, allowed to grow or replanted so as to
become a greater hazard to air navigation than it was on the effective
date of this chapter.
The Airport Commission and the Board of Selectmen of the Town of Yarmouth are hereby designated as the administrative agencies charged with the duty of administering and enforcing the regulations herein prescribed. The duties of such agencies shall include that of hearing and deciding all permits under § 58-7.
Any person desiring to erect or increase the
height of any structure or to permit the growth of any tree in a manner
not conforming to the airport approach protection regulations as herein
established, or to establish the right so to do, may apply to the
administrative agency for a variance. Such variance may be allowed
where a literal application or enforcement of such regulation would
result in practical difficulty or unnecessary hardship and the relief
granted would not be contrary to public interest. Any permit or variance
granted under this section shall be conditioned to require the owner
of the structure or tree to permit the Barnstable Airport Commission,
at its own expense, to install, operate and maintain suitable obstruction
markings or obstruction lights thereon.
