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1119 ~ '8'," t1 lit; 11i ~ . ~ It!l . ~. ~" II f~~~ '~'" ~ $/ ~r'~, ~ H ..:11II. ;4," 1 it~ iI_,...:lI ' It_..Jl'' .::..Jt 2-7' f\.." , /, # ' <t' ,~~ -. iF-JI.......Jl Jf::J. It'',JIl 'f. ~...... 4J;'+ . ~f.t i11/24/20~1 j,~:29:44 AN - -t. f l- ' . I . (" ,'...... A~".t, ,~~;: lOt ,;~" -i~ed & ~:eCOrdeo 1 n .,1' ~.....I ;J~. ~ ' :.~ Official kecords ot : ()" .~~ LAf<OL YN STALtY .. ''lfs~.: *~. : (): JAJLASK I COUNTY · ~ I\' CIRCUITICOUNfV CLt~~K \.. 1:~~t'ff ORDINANCE NO. 11~gsf2M - 99) -4'~.. 7i....~:'Ji~) '\:'.,~'JfN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE g 18.66; "~,,. f v ~,,~ ...J .~'o.~.'" "4'l3r'~QI(i;~,r;tj~~Y~ AMJjfNDING ORDINANCE NOS. 213 AND 238 AND THE LA/+/D USE MAP OF THE CITY OF JACKSONVILLE; CREA TING AND ADOPTING AN OVERLAY DISTRICT FOR AREAS WITHIN THE FIVE (5) MILE PLANNING JURISDICTION AND/OR AFFECTED BY THE AIR INSTALLA TION COMPA TIBLE USE Z01vJjf (AICUZ); AND, FOR OTHER PURPOSES. WHEREAS, the City of Jacksonville is the home of the Little Rock Air Force Base (LRAFB), an active military aerodrome, where aircraft make regular and customary flight arrivals and departures from the Base Flightline through the air space above and through the community; WHEREAS, Act 530 of 1995 directs the City of Jacksonville to enact an ordinance specifying compatible uses for property lying within areas identified by the AICUZ study conducted in 1992 by the United States Air Force for LRAFB as accident potential areas; and, WHEREAS, the Jacksonville Planning Commission hosted an extensive series of public meetings and hearings on the matter, in which many citizens and officials provided input into the terms of this Ordinance. After completion of such, the Planning Commission recommends the following provisions be adopted by the Jacksonville City Council to accomplish both compliance with Act 530 of 1995 and enhanced health, safety, and welfare measures for the citizens of and surrounding Jacksonville. NOW, THEREFORE, BE IT ORDAI1vJjfD BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THA T: SECTION ONE: Jacksonville Municipal Code S 18.66 is hereby created to provide the following provisions: JMC S 18.66.010- APPLICABILITY AND DEFINITIONS - (A) Unless otherwise restricted by applicable regulations, ordinances, laws, or legislative action, the provisions of this Ordinance shall apply to the future development and use of all real property and Airfield Control Surfaces Ordinance No. 1119 (#5 - 99) April .0 tV\. , 1999 Page Two n,,::~O'fU- rlO? \} , 'lJ. ~ lying within the Jacksonville Planning jurisdiction, more particularly identified as the Clear Zone, and Accident Potential Zones One and Two (APZ I & II) on the attached AICUZ Map and Land Use Charts and as more particularly described and shown on Exhibit A, attached hereto and made a part hereof. This application will include those properties lying within and outside of the corpo,lrate limits of the City of Jacksonville, as authorized under Arkansas law :ACA SS 14-56-201 et. al., 14-56-301 et. al., 14-56-401 et. al., and 14-56-413(a)(1)(A)~. However, no conditions and/or uses of real property, including, but not limited to, existing recorded subdivision developlllents within the Overlay District (OD) in existence at the time of passage of this Ordinance shall be construed as a violation of the terms of this Ordinance for as long as said condition and/ or use remains in existence. This would include structure(s) damaged and/ or destroyed in the future as long as the principal purpose and use of said property is not altered by the modification/ reconstruction of said structure ( s). (B) DEFINITIONS: Hazardous Interference - Any use, condition, or operation which creates a level of disturbance so great as to inhibit, prevent, or prohibit the safe operation of aircraft arriving into or departing from LRAFB. Low Density - Use of or a condition upon which there exist a small number of residents per property acre in accordance with the recommendations of the AICUZ study. Low Intensity - Use of or a condition upon which there exist a smalllevel(s) of concentration of use(s) and/ or event(s) on property so as to reduce possible injury or hall11 in accordance with the recolllmendations of the AICUZ study. Remains in Existence In the event a structure is, . damaged, lost, or destroyed by controlled means, fire, natural disaster, or act(s) of GOD, the use of said property shall be deemed to have rel11ained in existence when the principal purpose and use of said property is not altered by the modifications/reconstruction of said structure(s). JMC S 18.66.020 PURPOSE AND CREATION OF AN OVERLAY DISTRICT (OD) - The purpose of this Ordinance shall be to: a) comply with Arkansas law (Act 530 of 1995); b) create an Overlay District (OD) within the classifications and designations of zoning provisions within the (}00003 Ordinance No. 1119 (# 5 - 99) April \5~, 1999 Page Three Jacksonville Municipal Code; c) provide for the health, safety, and welfare of the citizens through enactlllent and enforcelllent of ordinances and regulations in compliance with Arkansas law and the Air Installation Compatible Use Zone (AICUZ) study for Little Rock Air Force Base (LRAFB); d) address environmental concerns created by violations of the OD provisions; and, e) preserve and enhance the economic value of the property within the ODe JMC S 18.66.030 - POPULATION AND DEVELOPMENT DENSITY - Construction and/ or development of residential housing in the affected areas of the OD shall provide for no more than one (1) single-family dwelling per one (1) acre of real property that lie within the Clear Zone, APZ I, and/ or APZ II. Future use of properties within the OD shall be reviewed for population density concerns to insure the provisions and recommendations of the AICUZ are addressed as they apply to use provisions as outlined herein, under the telll1S of the Jacksonville Municipal Code, or under the non-conflicting guidelines of the AICUZ study. JMC S 18.66.040 - BUILDING AND CONSTRUCTION PROVISIONS - Construction and/ or development of any facility should comply with the provisions, guidelines, and directives of the current edition of the Southern Building Code for Sound Insulation so as to provide for proper sound insulation and protection from decibel (dB) levels exceeding 75 dB iri the Clear Zone, APZ I, and APZ II. JMC S 18.66.050 CONDITIONAL, PERMISSIBLE, PROHIBITIVE, AND_RESTRICTIVE USES - The following conditions, permissible uses.l prohibitions, and restrictions shall apply to the future uses of any and all real properties and airfield control surfaces encompassed by the Jacksonville Planning jurisdiction, the Clear Zone, APZ I, and APZ II, as shown on the attached Exhibit A: a~ No use shall allow the release into the air of any substance which would create a hazardous impairment and/ or interference with the operation of aircraft within the OD (i.e., steam, dust, sllloke, etc.); b) No use shall allow the production of light emissions, either direct or indirect (reflective), that would cause a hazardous interference with pilot vision in the operation of aircraft within the OD; c) No use shall allow the. production of electrical emISSIons that would cause a hazardous interference with aircraft communications or navigational equipment/ systems; 000004 Ordinance No. 1119 (# 5 - 99) April 1~ 1999 Page Four d) No use shall allow the attraction of birds or waterfowl, including but not limited to, the operation of sanitary landfills, the maintenance of feeding stations, or the growth of certain plants and vegetation that would cause a hazardous interference with the operation of aircraft within the OD; e) No use shall allow for the construction or existence of structures within ten feet (10') of an aircraft approach/ departure surface; f) No use shall allow for exposure of any person(s) to a noise level greater than DNL 75 dB; and, g) No use shall violate the height restriction criteria of FAR Part 77, Subpart C, and/ or create a hazardous interference with the operation of aircraft within the ODe For PUI poses of this Ordinance, these restrictive or prohibitive uses are to apply to all residential and nonresidential properties located within the ODe Such regulations and standards shall be in addition to and shall overlay all other ordinance regulations and standards, including but not limited to residential and non-residential zonIng provisions, planning prOVISIons, and signage regulations and standards. Please refer to the attached Matrix (incorporated herein) for the OD for 1110re detail In the applicable regulations and standards. These prohibitions and restrictions are not to be construed so as to preclude or prohibit the nOllllal and reasonable use (or single event usage) of real property and airfield control surfaces within the OD by owner(s), agent(s), or lessee(s) to include, but not necessarily be lilllited to, the following: clearing and burning of trash and yard waste; maintaining stock ponds, vegetable gardens, or landscape vegetation; maintaining and/ or operation of radio and communication equipment within the parameters of FCC rules and regulations; maintaining and/ or operation of reasonable exterior lighting on the property; and/ or, sponsoring an annual public event such as the LRAFB display and demonstration of the operations and use of various aircraft. As long as a use of real property does not provide a hazardous interference with the operation of aircraft within the OD, that use shall not constitute a violation of the terms of this Ordinance. JMC S 18.66.060 ENFORCEMENT The provisions of JMC 99 18.66.040 and 18.66.050 shall be enforced by Jacksonville Code Enforcelllent official(s). Enforcement shall follow the outline and scope of Code Enforcement official(s) under the provisions of this Code and State Ordinance No. 1119 (# 5 - 99) April EJ}lv, 1999 Page Five OOOO()5 law, with all citations issued under. the provIsIons of this Ordinance addressed in the Jacksonville Municipal Court. Further, the Jacksonville City Clerk shall cause to be filed with the Pulaski County Circuit Clerk, Real Estate Division, a certified copy of this Ordinance. Said filing shall serve as official notice to all current and future property owners, title insurance officials, mortgage COlllpany officials, and other interested parties of the pel111issive and restrictive uses and provisions contained herein. JMC S 18.66.070 - PENALTIES - In the event a property owner(s), agent(s), or lessee(s) pleads or is found guilty/nolle contendre of a violation of the tel111S of this Ordinance, the violator shall be assessed a fine of no less than Twenty-five Dollars ($25.00) and court costs for a first offense, no less than Fifty Dollars ($50.00) and court costs for a second offense, and no less than One Hundred Dollars ($100.00) and court costs for a third or subsequent offense(s). Each day a condition prohibited by the terms of this Ordinance exist shall constitute a separate violation. SECTION TWO: If this Ordinance or any portion(s) thereof is/ are declared void or unconstitutional for any reason, such declaration shall not affect the remaInIng portions of this Ordinance not declared unconstitutional. SECTION THREE: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of said conflict. APPROVED AND ADOPTED THIS r h DAY OF APRIL, 1999. ~ () , /", \ ~~~~ TOM~Y SWAIlJ, MAYOR ATTEST: ^ (\., \\ '-.Ltd~() 1\_ \Ju}1~tA --' SUSAN DA VITI, Crry CLERK Ordinance No. 1119 (# 5 - 99) April,~ ~ , 1999 Page Six OOOO(l6 Exhibit A LEGAL DESCRIPTION AICUZ AREA Part of the following Sections: 31, 32, & 33, T-4-N, R-I0-W; Sections 5 & 6, T-3-N, R-I0-W; Section 36, T-4-N, R-II-W; Sections 1,2,3,4,7,8,9, 10, 11, & 17, T-3-N, R-I0-W; located partially within the City of Jacksonville and wholly within Pulaski County, Arkansas, more particularly described as follows: COl11mencing at the NW corner of Section 33, T-4-N, R-10-W; thence S 89( 02' 36" E, 2627.16 feet to the N 1/4 Corner of said Section 33; thence S 52( 44' 33" E, 67.61 feet to the Point of Beginning of the AICUZ Area; thence S 18( 52' 35" E, 3000.00 feet to the SE Corner of the AICUZ; thence S 71( 07' 25" W, 41988.85 feet to the SW Corner of the AICUZ; thence N 18( 52' 35" W, 3000.00 feet to the NW Corner of the AICUZ; thence N 71( 07" 25" E, 41988.85 feet to the NE Corner of the AICUZ and the Point of Beginning; containing 2891.79 acres, more or less. OOOu07 ordinance No. 1119 t# 5 - 99) April .-P~' 1999 page Seven .E~hibit Ji (cont.) .AlCVZ Jirea Map ...... ....\-\ ~\ ~t U'l .... ('J) _-----.1------- \ \ \ \ ~ \ '" \ \ _--J..------...I \ \ \ \ \ \ \ ~ \ \ \ \ \ ~ 000008 Ordinance No. 1119 (# 5 - 99) April ,,-F)~, 1999 Page Eight EXHIBIT B MA TRIX JMC g 18. 66. 050 GENERALIZED LAND USES CLEAR ZONE APZI -I APZ II ~~~=~~=~=~~=~~~~~~~==~==~=~~=======~~~~~=~~~~~~~~ Agricul tural Yesl Yesl Yesl Manufacturing No Yes2 Yes2 Public Assembly No Yes2 Yes2 Public and Quasi-Public Service No Yes2 Yes2 I Recreation No Yes2 Yes2 Residential Yes3 Yes3 Yes3 Shopping Districts No No Yes2 Trade, Business, and Offices No Yes2 Yes2 Transportation and Utilities No Yes2 Yes2 ----------------------------------------------------------- ----------------------------------------------------------- NOTES: Limited agricultural uses are perll1issible as a conditional use, with a low-intensity, non-disruptive crop and operation required. 2 Low-intensity and low-density uses are perl11issible as a conditional use of the property. 3 Recommended density control requirement of one residential structure per one acre of land.