[HISTORY: Adopted by the Annual Town Meeting of the Town of Yarmouth 4-7-1981 by Art. 16. Amendments noted where applicable.]
Noise — See Ch. 104.
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:
- ADMINISTRATIVE AGENCY
- 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.
- AIRPORT APPROACH ZONE
- 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.
- AIRPORT HAZARD
- 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:
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.
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.
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.