Municipal Airport Overlay District Regulations in the City of Bentonville
The Municipal Airport Overlay District in the City of Bentonville imposes restrictive height limits on structures and trees through four distinct safety zones and mandates a minimum 30-decibel noise reduction for noise-sensitive developments like residences and schools. These overlay regulations apply in addition to base zoning standards, requiring all developments within the district to receive additional approval from the Federal Aviation Administration (FAA) and the Bentonville Airport Manager.
Purpose and Administrative Review
The Municipal Airport Overlay District is established in the City of Bentonville to prevent the creation of hazards to air navigation, eliminate or mitigate existing hazards, and provide for the marking and lighting of obstructions [Sec 401.12(a)]. Any development proposed within this district must undergo the standard City of Bentonville review process plus additional scrutiny and approval by the FAA and the Bentonville Airport Manager [Sec 401.12(b)]. If a property falls within more than one airport zone, the most restrictive height limitation applies [Sec 401.12(c)(2)].
Height Limitations and Obstructions
In the Municipal Airport Overlay District, the City of Bentonville prohibits the erection of any structure or the growth of any tree to a height that exceeds the limitations established for its specific zone. Generally, the ordinance does not prohibit structures or trees up to 50 feet above the surface of the land unless they specifically violate the slope-based or fixed-height limits of the zones [Sec 401.12(e)].
The following table details the maximum height standards for the four zones within the Municipal Airport Overlay District:
| Zone | Description | Maximum Height Standard |
|---|---|---|
| Zone A | Runway approach zone (visibility > 3/4 mile) | Slopes 34 feet outward for each foot upward (34:1) starting from the primary surface. |
| Zone B | Transitional Zone | Slopes 7 feet outward for each foot upward (7:1) starting at the sides of the primary and approach surfaces. |
| Zone C | Horizontal Zone | Established at 150 feet above the airport elevation (reaching 1,446 feet above mean sea level). |
| Zone D | Conical Zone | Slopes 20 feet outward for each foot upward (20:1) starting from the periphery of the horizontal zone up to 350 feet above airport elevation. |
[Sec 401.12(d), (e)]
Modifications to Land Use and Safety Requirements
The City of Bentonville identifies specific land use restrictions within the Municipal Airport Overlay District that override permissions in the base zoning district to ensure flight safety. No land or water use may be conducted in a manner that creates:
- Electrical interference with navigational signals or radio communication between the airport and aircraft.
- Difficulties for pilots in distinguishing between airport lights and others.
- Glare in the eyes of pilots.
- Impaired visibility in the vicinity of the airport.
- Bird strike hazards.
- Any other interference with the landing, takeoff, or maneuvering of aircraft [Sec 401.12(f)(1)].
Furthermore, the owners of existing nonconforming structures or trees may be required by the City of Bentonville to allow the installation, operation, and maintenance of markers and lights to indicate the presence of an airport obstruction. These safety lights are installed and maintained at the city's expense [Sec 401.12(f)(2)].
Noise Attenuation and Avigation Easements
The Municipal Airport Overlay District modifies construction standards for noise-sensitive uses, including all residential types, schools, religious facilities, and hospitals. These uses are only permitted if they are sound-attenuated to achieve a minimum 30-decibel noise reduction from outside noise levels to indoor levels [Sec 401.12(f)(3)].
Additionally, the City of Bentonville requires the granting of an avigation easement prior to the issuance of any building permit within the Municipal Airport Overlay District, and a formal plat notification must be included on all recorded plats [Sec 401.12(f)(3)].
Sections Cited
- Sec 401.12 Municipal Airport Overlay District
- Sec 401.12(a) Description and purpose
- Sec 401.12(b) Review and approval
- Sec 401.12(c) Municipal airport district map
- Sec 401.12(d) Zones within the municipal airport district
- Sec 401.12(e) Height limitations
- Sec 401.12(f) Use restrictions