[HISTORY: Adopted by the Town of Barnstable 3-4-1958; approved 5-12-1958
(Art. IX of Ch. III of the General Ordinances as updated through 7-7-2003).
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 240.
This chapter shall be known and cited as the "Airport Approach Protection
Ordinance of the Barnstable Municipal Airport."
As used in this chapter, unless the context otherwise requires:
The Barnstable Municipal Airport.
Any airspace above the areas defined and shown on a map entitled
Map of Approach Zones, Barnstable Municipal Airport, Hyannis, Massachusetts,
dated February 1, 1957.
Any structure or tree which extends to any airport approach zone.
The Town Manager of the Town of Barnstable which is hereby designated
as the agency charged with administering the regulations herein prescribed.
Any individual, firm, partnership, corporation, company, association,
joint-stock association, and includes any trustee, receiver, assignee or other
similar representation thereof.
Any object or structure installed by man, including any object regulated
or licensed under any provision of law.
A tree or other object of natural growth.
It is hereby declared that the existence of any airport hazard endangers
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 interests of public health, safety and general welfare
that the creating, 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 as shown and indicated on the map referred to in § 13-2.
The limitation 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 of 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 Town Manager of the Town of Barnstable is hereby designated as the administrative agency charged with the duty of administering and enforcing the regulations herein prescribed. The duties of such agency shall include that of hearing and deciding all permits under § 13-7.
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 to do so may apply to the Town Manager for a variance from the regulations
applicable to his property. 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
as to require the owner of the structure or tree to permit the Barnstable
Municipal Airport at its own expense to install, operate and maintain suitable
obstruction markings or obstruction lights thereon.
This chapter shall have full force and effect from and after the date
of its adoption and approved as required by the General Laws.
