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\.. 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?
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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
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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
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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.