[HISTORY: Adopted by the Town Council of the Town of Stratford 6-10-1996 by Ord. No.
96-14. Amendments noted where applicable.]
The Town of Stratford, acting by the Town Council hereby enacts
airport zoning regulations pursuant to Section 15-91 of the Connecticut
General Statutes, entitled "Stratford Airport Zoning Regulations"
to reduce airport hazards. These regulations shall apply only to the
land known as the Sikorsky Memorial Airport and such adjacent areas
as are expressly included as stated in these regulations.
As used in these regulations, unless the context otherwise requires,
the following words shall have the following meanings:
The area of land or water designated for the landing and
taking off of aircraft and utilized or to be utilized by the public
as a point of arrival or departure by air navigation known as the
Sikorsky Memorial Airport [C.G.S. § 15-88(a)]
Any structure or tree which obstructs or may hereafter obstruct
the aerial approaches of the airport. [C.G.S. § 15-88(b)]
A surface located on the ground or water and centered on
the runway center line as extended and expanding outward uniformly
with a width and length as established for the airport approach zones
in Federal Aviation Regulations Part 77.
The Zoning Commission of the Town of Stratford.
Any structure, tree or use of land which is inconsistent
with these regulations but which was in existence when the provisions
of these regulations were enacted or amended.
Any structure, growth or other object, including a mobile
object, which exceeds a limiting height as set forth in these regulations
or the Stratford Zoning Regulations.
The defined area of Sikorsky Memorial Airport prepared for
landing and takeoff of aircraft along its length as shown on that
map entitled "Proposed Airport Zoning Boundaries, Stratford, Connecticut,
dated March 13, 1996."
The existing paved runways on the airport property, but excluding
Runways 16 and 34, as shown on that map entitled "Proposed Airport
Zoning Boundaries, Stratford, Connecticut, dated March 13, 1996."
Any object constructed or installed by man, including such
objects although regulated or licensed by other provisions of law.
[C.G.S. § 15-88(d)]
The Town Council of the Town of Stratford.
Any object of natural growth. [C.G.S. § 15-88(e)]
A.
Lands
within the airport boundary are divided into two airport zoning districts,
known as the "Runway Zone" and the "Airport Development District,"
as follows:
(1)
Runway Zone. The existing paved runways on the airport property,
but excluding Runways 16 and 34.
(2)
Airport Development District. The land area located within the airport
property boundary zone shown as the Airport Zoning District boundary
on that map entitled "Proposed Airport Zoning Boundaries, Stratford,
Connecticut, dated March 13, 1996."
A.
Zone
(district) boundary. The zone boundary is the outer limits on all
sides of the Runway Zone as defined herein and shown as "Runway Zone"
on the map entitled "Proposed Airport Zoning Boundaries, Stratford,
Connecticut dated March 13, 1996," except as the Runway Zone and map
may hereafter be amended by the Town Council.
B.
Permitted
uses. The only uses permitted in this district are airport runways
and improvements directly related to the takeoff and landing of aircraft,
and subject to the following limitations:
(1)
The existing runways may not be extended or expanded, and additional
runways shall not be constructed without the approval of the Town
Council.
(2)
The uses allowed in this zone and the boundaries of the zone shall
not be changed or expanded except by the Town Council.
(3)
No airport hazard shall be allowed.
(4)
Any structures within the zone shall comply with the height limitations
of Federal Aviation Regulations (F.A.R.) Part 77, in addition to limitations
imposed by these regulations and other ordinances of the Town of Stratford
and federal and state statutes and regulations.
(5)
Any improvements or structures erected, altered, arranged or used
for airport purposes shall be reviewed and approved under the special
case provisions of the Stratford Zoning Regulations by the Commission.
(6)
The standards of the Stratford Zoning Regulations for the underlying
zone in which property in the Runway Zone is located on the Stratford
Zoning Map, as such standards and map may be amended by the Commission,
shall apply and control lot size, lot width, height of structures,
coverage and parking, except as otherwise provided in these regulations.
(7)
Airplane touch-and-go operations as well as airplane maintenance
runups are prohibited between the hours of 10:00 p.m. and 7:00 a.m.
C.
Prohibited
uses. All uses not expressly permitted are prohibited.
A.
District
boundary. The zone or district boundary includes portions of the land
areas within the airport property boundaries of the Sikorsky Memorial
Airport presently owned by the City of Bridgeport, but excluding the
area within the Runway Zone. The actual areas within the district
are shown as "Airport Development District" on the map entitled "Proposed
Airport Zoning Boundaries, Stratford, Connecticut, dated March 13,
1996," except as the map may hereafter be amended by the Town Council.
B.
Permitted
uses.
(1)
The only uses permitted in this district are the following uses related to and directly incidental to a municipal airport, subject to the limitations in Subsection B(2) and the obtaining of a special case from the Commission:
(a)
Air freight terminals.
(b)
Aircraft sales, repair, service, storage and training schools.
(c)
Automobile rental.
(d)
Airport terminals.
(e)
Professional and business offices related to air transportation.
(f)
Industrial uses related to air transportation.
(g)
Light industrial uses in the underlying zone as provided in the Stratford
Zoning Regulations.
(h)
Restaurants.
(i)
Public parking facility.
(j)
Storage of motor vehicles used for transportation or for airport
construction or maintenance.
(k)
Taxiways serving existing runways.
(2)
All of the permitted uses are subject to the following limitations:
(a)
Airport runways are not allowed in this district.
(b)
The boundaries of the district may not be changed except by the Town
Council.
(c)
The uses permitted in the district may not be changed, extended or
expanded except by the Town Council.
(d)
No airport hazard shall be allowed.
(e)
Any structures within the district shall comply with the height limitations
of Federal Aviation Regulations Part 77, in addition to limitations
imposed by these regulations and other ordinances of the Town of Stratford
and federal and state statutes and regulations.
(f)
The standards of the Stratford Zoning Regulations for the underlying
zone in which property in the Airport Development District is located
on the Stratford Zoning Map, as such standards and map may be amended
by the Commission, shall apply and control lot size, lot width, setbacks,
coverage and parking, except for height limitations and as otherwise
provided in these regulations.
(g)
All uses must comply with the following restrictions, and no use
shall be allowed which will:
[1]
Create objectionable noise, dust, vibration or noxious fumes
or odors;
[2]
Create electrical interference with navigational signals or
radio communication between the Airport and aircraft;
[3]
Impair visibility in the vicinity of the Airport;
[4]
Endanger or interfere with the landing, takeoff or maneuvering
of aircraft intending to use the Airport;
[5]
Make it difficult for pilots to distinguish between airport
lights and others; or
[6]
Result in glare in the eyes of pilots using the Airport.
C.
Safety
area. The creation of a safety area, consisting of any change in the
configuration of the surface of land extending from the termination
of a paved runway and/or an unpaved level of ground created as an
extension of a runway surface, shall require the approval of the Stratford
Town Council both within the Airport Development District and those
areas outside the Runway Zone and the Airport Development District.
A.
Areas
outside of the Runway Zone and the Airport Development District, as
defined as "approach surface boundaries" on the map entitled "Proposed
Airport Zoning Boundaries, Stratford, Connecticut," dated March 13,
1996, shall be regulated under these Airport Zoning Regulations. Approval
by the Stratford Town Council is required for any expansion of Sikorsky
Memorial Airport by the City of Bridgeport and/or any subsequent owner
of Sikorsky Memorial Airport. In addition, the creation of a safety
area, consisting of any change in the configuration of the surface
of land extending from the termination of a paved runway and/or an
unpaved level of ground created as an extension of a runway surface,
shall require the approval of the Stratford Town Council both within
the Airport Development District and those areas outside the Runway
Zone and the Airport Development District.
[Amended 9-22-1997 by Ord. No. 97-29]
B.
Any
land areas that are physically located either within or beyond the
boundaries of the Sikorsky Memorial Airport, but which are outside
of both the Runway Zone and the Airport Development District, shall
be regulated under the applicable provisions of the Stratford Zoning
Regulations, which shall define the zone of any such property areas
and permitted uses therein. Changes in zoning regulations or the boundaries
of zoning districts outside of the airport zones shall be determined
by the Commission as long as they are consistent with the terms and
limitations of these regulations.
[Amended 9-22-1997 by Ord. No. 97-29]
C.
No
uses of property within the vicinity of the Airport may be conducted
which:
[Amended 9-22-1997 by Ord. No. 97-29]
(1)
Create objectionable noise, dust, vibration or noxious fumes or odors;
(2)
Create electrical interference with navigational signals or radio
communication between the Airport and aircraft;
(3)
Impair visibility in the vicinity of the Airport;
(4)
Make it difficult for pilots to distinguish between airport lights
and others; or
(5)
Result in glare in the eyes of pilots using the Airport.
D.
The
area within the Airport approach surfaces as defined herein, including
the portions of them which are outside of the airport zones, shall
be kept free of airport hazards that could interfere with low-flying
aircraft or the landing, takeoff or maneuvering of aircraft, in accordance
with the height limitations of Federal Aviation Regulations Part 77
or height regulations of the State Department of Transportation.
[Amended 9-22-1997 by Ord. No. 97-29]
E.
No
structures shall be constructed, installed or altered upon the approach
surfaces to the Airport without a permit from the Commission or its
designated agent. A permit shall also be required for construction
or installation of any other structures in the vicinity of the Airport
which may result in an airport hazard.
[Amended 9-22-1997 by Ord. No. 97-29]
F.
In
case of a difference between state or federal standards and provisions
of the Stratford Zoning Regulations for the maximum height of structures
or trees in areas of the airport zones or the approach surface adjacent
to the Airport as defined herein, the restriction providing for the
lowest maximum height shall control.
G.
If
the Commission determines that any tree in the vicinity of the Airport
is an airport hazard, after notice to the owner of the land where
the tree is located, a hearing if requested by the owner and the approval
of the Tree Warden, it may direct that the tree be removed or pruned
so as not to constitute an airport hazard. The Tree Warden shall then
proceed pursuant to Section 23-59 of the Connecticut General Statutes.
A.
No
structures shall be constructed, installed or altered within the Runway
Zone or the Airport Development District without a permit from the
Commission or its designated agent.
B.
Permit
applications for the construction, installation or alteration of any
structures within the areas regulated pursuant to these regulations
shall be reviewed by the Commission, subject to the limitations in
these regulations, under the terms of regulations adopted by the Commission.
C.
Permit applications submitted under Subsection B shall also be furnished to the Sikorsky Memorial Airport Commission as well as the Federal Aviation Administration.
D.
No
permit shall be granted that would allow the establishment or creation
of any 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 these regulations or any amendments thereto.
E.
In
granting any permit, the Commission may, if reasonably necessary to
carry out the purpose of these regulations, condition any permit to
require the owner of any structure or tree to allow the owner of the
Airport, at its own expense, to install, operate and maintain suitable
obstruction markers and obstruction lights on such structure or tree.
[C.G.S. § 15-93(c)]
A.
The
regulations and restrictions in these regulations shall not be construed
as to require the removal, lowering or other change or alteration
of any structure not conforming to the regulations as of the effective
date of these regulations or to otherwise interfere with the continuance
of a nonconforming use, or to require the change in the construction
or intended use of any structure which was under construction or alteration
commenced prior to the effective date of these regulations.
B.
Where
a nonconforming structure or tree exists in any of the areas regulated
by these regulations which may affect aerial navigation, the owner
of any such nonconforming structure or tree may be required to allow
the owner of the Airport, with the permission of the Commission, to
install prescribed markers or lights where necessary to indicate to
operators of aircraft in the vicinity of the Airport the presence
of such airport obstruction.
C.
If
the Commission determines that a nonconforming structure or tree has
been abandoned or more than 80% torn down, destroyed, deteriorated
or decayed:
[Amended 9-22-1997 by Ord. No. 97-29]
(1)
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, but a permit shall be issued as of right if the
structure as erected or altered is in conformance with the regulations
or will not constitute a greater hazard than the structure that is
replaced or altered; and
(2)
Whether application is made for a permit or not, the Commission may
by appropriate action compel the owner of the nonconforming structure
or tree to lower, remove, reconstruct or equip such object as may
be necessary to conform to the regulations. [C.G.S. § 15-93(a)]
D.
Except
as provided in these regulations, all applications for permits for
replacement, change or repair of nonconforming uses shall be granted.
[C.G.S. § 15-93(a)]
A.
Any
property owner desiring to erect any structure, or increase the height
of any structure, or permit the growth of any tree under these regulations
may apply to the Board of Appeals, as provided herein, for a variance
from the regulations in question. A variance shall be granted 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 would result in substantial
justice and be in accordance with the spirit of the regulations. [C.G.S. § 15-93(b)]
B.
In
granting any variance, the Board of Appeals may, if reasonably necessary
to carry out the purpose of these regulations, condition the variance
upon the owner of the structure or tree allowing the owner of the
Airport, at its own expense, to install, operate and maintain suitable
obstruction markers and obstruction lights on such structure or tree.
[C.G.S. § 15-93(c)].
C.
The
authority to grant variances shall not extend to approvals reserved
to and required by the Town Council, or to extend the runways or allow
uses not permitted in the zones provided for in these regulations.
The Airport Zoning Regulations enacted herein shall in no way
affect or abrogate the enforceability of the terms and conditions
of the Airport Agreement entered into between the Town of Stratford
and the City of Bridgeport, dated December 7, 1978, and recorded in
Volume 536 at page 236 of the Stratford Land Records.
The right to appeal actions and decisions under these regulations
shall be in accordance with the applicable provisions of Sections
15-94(d), 15-95 and 15-96 of the Connecticut General Statutes.
In addition to any other remedies provided by law, enforcement
of the Airport Zoning Regulations shall be as provided in Section
15-97 of the Connecticut General Statutes.
By enacting these regulations providing for Airport zoning,
the Town of Stratford is not waiving any contractual, statutory or
other legal rights that it has to approve Airport expansion, and there
is no approval of or delegation of any authority to the City of Bridgeport
or the Airport Commission to enlarge the Airport or change the uses
therein, and the delegation of administrative authority to the Stratford
Zoning Commission is expressly limited as stated in these regulations.
[Added 9-22-1997 by Ord. No. 97-29]
Any land or interest therein taken directly or indirectly through
enforcement of the Airport Zoning Regulations shall be compensated
by the City of Bridgeport or any subsequent owner of Sikorsky Memorial
Airport.
