18343Cl
ORDINANCE NO. 18,343
AN ORDINANCE AMENDING ORDINANCE NO. 14,613 KNOWN AS
"ADAMS FIELD AIRPORT ZONING ORDINANCE."
WHEREAS, certain improvements to the Little Rock National Airport ( "Airport") have
created the necessity for changes to the Height Zoning Map attached to the Adams Field Height
Zoning Ordinance; and,
WHEREAS, the Little Rock Municipal Airport Commission ("the Commission') has
determined that certain amendments to the Adams Field Height Zoning Ordinance are
appropriate at this time.
IT IS HEREBY ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK, ARKANSAS:
The following provisions shall replace the respective provisions of the Adams Field Height
Zoning Ordinance:
SECTION II: DEFINITIONS
As used in this Ordinance, unless the context otherwise requires:
1. AIRPORT: Adams Field
1 AIRPORT ELEVATION: 262 feet above mean sea level.
3. AIRPORT MANAGER: The person responsible for the day -to -day
operations and management of Adams Field appointed by the Little Rock
Municipal Airport Commission.
4. APPROACH SURFACE: An imaginary plane longitudinally centered on
the extended runway centerline, extending outward and upward from the
end of the primary surface and at the same slope as the appropriate approach
zone height limitation slope set forth in Section IV of this Ordinance. In
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plan, the perimeter of the approach surface coincides with the perimeter of
the approach zone.
5. APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL
ZONES: These zones are set forth in Section III of this Ordinance.
6. BOARD OF ADJUSTMENT: Shall mean the Little Rock Board of
Adjustment, a board consisting of nine (9) members appointed by the Little
Rock City Board of Directors as provided in Ordinance No. 13, 777.
7. CONICAL SURFACE: An imaginary surface extending outward and
upward from the periphery of the horizontal surface at a slope of 20 to I for
a horizontal distance of 4,000 feet.
8. HAZARD TO AIR NAVIGATION: An obstruction determined to have a
substantial adverse effect on the safe and efficient utilization of navigable
airspace.
9. HEIGHT: For the purpose of determining the height limits in all zones set
forth in this Ordinance and shown on the zoning map, the datum shall be
mean sea level.
10. HORIZONTAL SURFACE: An imaginary horizontal plane 150 feet above
the airport elevation, the perimeter of which in plan coincides with the
perimeter of the horizontal zone. The actual elevation of the horizontal
surface is 412 feet above mean sea level.
11. LITTLE ROCK MUNICIPAL AIRPORT COMMISSION: A Commission
consisting of five (5) members appointed by the Little Rock City Board of
Directors to oversee the operations and management of Adams Field.
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12. NONCONFORMING USE: Any pre - existing structure, object of natural
growth or use of land which is inconsistent with the provisions contained 784
herein at the time of the adoption of this Ordinance or any amendment
thereto.
13. NONPRECISION INSTRUMENT RUNWAY: A runway having an
existing or planned instrument approach procedure utilizing air navigation
facilities (or area type navigation equipment) with only horizontal guidance,
for which a straight -in nonprecision instrument approach procedure has been
approved or planned.
14. OBSTRUCTION: Any structure, growth or other object, including a mobile
object, which exceeds a limiting height set forth in Section IV of this
Ordinance.
15. PERSON: Any individual, firm, partnership, public or private corporation.
company, association, joint stock association or government entity, and
includes any trustee, receiver, assignee or other similar representative
thereof.
16. PRECISION INSTRUMENT RUNWAY: A runway having an existing or
planned instrument approach procedure utilizing an Instrument Landing
Systems (ILS), Precision Approach Radar (PAR), Microwave Landing
System (MLS), or Precision Global Positioning System (GPS). It also
means a runway for which a precision approach system is planned and is so
indicated on an approved airport layout plan or any other planning
document.
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17. PRIMARY SURFACE: An imaginary surface longitudinally centered on a
runway. The primary surface extends 200 feet beyond each end of that
runway. The width of the primary surface is set forth in Section III of this
Ordinance. The elevation of any point on the primary surface is the same as
the elevation of the nearest point on the runway centerline
18. RUNWAY: An area prepared for landing and takeoff of aircraft along its
length.
19. STRUCTURE: Any object, including a mobile object, constructed or
installed by man, including but without limitation, buildings, towers, cranes,
smokestacks, earth formations and overhead transmission lines.
20. TRANSITIONAL SURFACES: These imaginary surfaces extend outward
at 90 degree angles to the runway centerline (and the extended runway
centerline) at a slope of (7) feet horizontally for each foot vertically from the
sides of the primary and approach surfaces to where they intersect the
horizontal and conical surfaces. Transitional surfaces for those portions of
the precision approach surfaces which project through and beyond the limits
of the conical surface, extend a distance of 5,000 feet measured horizontally
from the edge of the approach surface and at 90 degree angles to the
extended runway centerline.
21. TREE: Apy object of natural growth.
SECTION III: AIRPORT ZONES
In order to carry out the provisions of this Ordinance, there are hereby created and
established certain zones which include all of the land lying beneath the approach surfaces,
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transitional surfaces, horizontal surface and conical surface as they apply to Adams Field. Such
zones are shown on the "Adams Field Height Zoning Height Zoning Map," consisting of one
sheet, prepared by Garver & Garver, Inc., dated August, 1983, and revised by Garver Engineers,
Inc, on May 1, 2000, which is attached to this Ordinance and made a part hereof. An area
located in more than one of the following zones is considered to be only in the zone with more
restrictive height limitation. The various zones are hereby established and defined as follows:
1. Nonprecision Instrument Approach Zone (Runways 18 and 36)- the inner
edge of this approach zone coincides with the width of the primary surface
and is 500 feet wide. The approach zone expands outward uniformly to a
width of 3,500 feet at a horizontal distance of 10,000 feet from the primary
surface. Its centerline is the continuation of the centerline of the runway
2. Precision Instrument Approach Zone (Runways 4L, 22R, 4R, and 22L) —
The inner edge of this approach zone coincided with the width of the
primary surface and is 500 feet wide. The approach zone expands outward
uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet
from the primary surface. Its centerline is the continuation of the centerline
of the runway.
3. Transitional Zones.— Areas beneath the transitional surfaces.
4. Horizontal Zone — The horizontal zone is established by swinging arcs of
10,000 feet radii from the center of each end of primary surface of each
runway, and connecting the adjacent arcs by drawing lines tangent to those
arcs. The horizontal zone does not include the approach and transitional
zones.
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5. Conical Zone - The area that commence at the periphery of the
horizontal zone and extends outward for a horizontal distance of 4,000 feet.
SECTION IV: AIRPORT ZONE HEIGHT LIMITATIONS
Except as otherwise provided in this area Ordinance, no structure shall be erected, altered to
maintained, and no tree shall be allowed to grow in any zone created by this Ordinance to a
height in excess of the applicable height limitation herein established for such zone. Such
applicable height limitations are hereby established for each of the zones as follows:
Nonprecision Instrument Approach Zones — Slope thirty-four (34) feet
outward for each four upward, beginning at the primary surface, and
extending to a horizontal distance of 10,000 feet along the extended runway
centerline.
2. Precision Instrument Approach Zones — Slope fifty (50) feet outward for
each foot upward, beginning at the end of and at the same elevation as the
primary surface, and extending to an additional horizontal distance of
40,000 feet along the extended runway centerline.
3. Transitional Zones — Slope seven (7) feet outward for each foot upward,
beginning at the sides of and at the same elevation as the primary surface
and the approach surface, and extending to a height of 412 feet above mean
sea level. In addition to the foregoing, there are established height limits
sloping seven (7) feet outward for each foot upward, beginning at the sides
of and at the same elevation as the approach surface, and extending to where
they intersect the conical surface. Where a precision instrument runway
approach zone projects beyond the conical zone, there are established height
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limits sloping seven (7) feet outward for each foot upward, beginning at the
sides of and at the same elevation as the approach surface, and extending for
a horizontal distance of 5,000 feet, measured at 90 degree angles to the
extended runway centerline.
4. Horizontal Zone — 150 feet above the airport elevation, i.e., to a height of
412 feet above mean sea level.
5. Conical Zone — Slopes twenty (20) feet outward for each foot upward,
beginning at the periphery of the horizontal zone and at 150 feet above the
airport elevation, and extending to a height 350 feet above the airport
elevation, i.e. to a height of 610 feet above sea level.
6. Excepted Height Limitations — Nothing in this Ordinance shall be construed
as prohibiting the construction of maintenance of any structure, or growth of
any tree to a height up to 50 feet above the surface of the land.
SECTION V: USE RESTRICTION
Notwithstanding any other provisions of this Ordinance, no use may be made of land or water
within any zone established by this Ordinance in such a manner as to create electrical
interference with navigational signals or radio communications between the airport and aircraft,
make it difficult for pilots to distinguish between airport lights and other lights, result in glare in
the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird
strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or
maneuvering of aircraft intending to use the airport.
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SECTION VI: NONCONFORMING USES
1. Regulations Not Retroactive — Notwithstanding the provisions of Section
VI, paragraph 3 hereof, the regulations prescribed in this Ordinance shall not
be construed to require removal, lowering or other change or alteration of
any Nonconforming Use, or otherwise interfere with the continuance of a
Nonconforming Use. Nothing contained herein shall require any change in
the construction, alteration of which was begun prior to the effective date of
this Ordinance or any duly enacted amendment thereto, and is diligently
prosecuted.
2. Marking and Lighting — Notwithstanding the preceding provision of this
Section, the owner of any existing Nonconforming Use is hereby required
to permit the installation, operation and maintenance thereon of such
markings and lights, as shall be deemed necessary by the Little Rock
Municipal Airport Commission, to indicate to the operators of aircraft in the
vicinity of the airport the presence of such airport obstruction. Such
markings and lights shall be installed, operated and maintained at the
expense of the City of Little Rock.
3. Lowering or Removal of Nonconforming Uses — In order to eliminate or
mitigate existing hazards to landing and taking -off at Adams Field, to
improve and make safer Adams Field, and to permit public use of any
obstructed navigable airspace needed for such use, the Little Rock
Municipal Airport Commission may acquire, by purchase, grant or
condemnation, such estate or interest in any Nonconforming Use for which
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a permit has been granted in accordance with Section VII, paragraph 3
hereof, as is necessary to permit lowering or removal of such U
Nonconforming Use to the extent necessary to conform to the applicable
height limitation prescribed in this Ordinance or any duly enacted
amendment thereto. In cases of imminent danger to the health, safety and
general welfare of the public, the Little Rock Municipal Airport
Commission shall take such immediate steps as are necessary to remove said
danger, and a hearing shall thereafter be held to determine what
compensation, if any, should be made to the owner of the structure or tree
causing said danger.
SECTION VII: PERMITS
1. Future Uses — Except as specifically provided in a, b and c
hereunder, no material change shall be made in the use of land, no structure
shall be erected or otherwise established and no tree shall be planted in any
zone hereby created unless a permit therefor shall have been applied for and
granted by the Little Rock Municipal Airport Commission. Each
application for a permit shall indicate the purpose for which the permit is
desired, with sufficient particularity for it to be determined whether the
resulting use, structure or tree would conform to the regulations herein
prescribed.. If such determination is in the affirmative, the permit shall be
granted. No permit for a use inconsistent with the provisions of this
Ordinance shall be granted unless a variance had been approved in
accordance with Section VII, paragraph 6.
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a. In the area lying within the limits of the horizont zone and conical zone, 91
no permit shall be required for any tree or structure less than seventy -five
feet of vertical height above the ground, except when, because of terrain,
land contour or topographic features, such tree or structure would extend
above the height limits prescribed for such zones.
b. In areas lying within the limits of the approach zones but at a horizontal
distance of not less than 4,200 feet from each end of the runway, no permit
shall be required for any tree or structure less than seventy -five of vertical
height above the ground except when such tree or structure would extend
above the height limit prescribed for such approach zones.
c. In the areas lying within the limits of the transitional zones beyond the
perimeter of the horizontal zone, no permit shall be required for any tree or
structure less than seventy -five feet of vertical height above the ground,
except when such tree or structure, because of terrain, land contour or
topographic features, would extend above the height limit prescribed for
such transitional zones.
Nothing contained in any of the foregoing exceptions shall be construed as permitting or
intending to permit any construction or alteration of any structure, or growth of any tree in
excess of any of the height limits established by this Ordinance, except as set forth in Section IV,
paragraph 7
2. Existing Uses - No permit shall be granted that would allow the
establishment or creation of an obstruction, or that would allow a
Nonconforming Use to become a greater hazard to air navigation than it was
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on the effective date of this Ordinance (or any duly enacted amendments
thereto) or than it is when the application for a permit is made. Except as
indicated, all applications for such a permit for existing uses shall be
granted.
3. Continuance of Nonconforming Uses — The owner of any Nonconforming
Use shall be granted a permit authorizing continuance of such
Nonconforming Use, upon application therefor made by him; provided that,
if such application is not made within ninety days of the effective date of
this Ordinance or any duly enacted amendment theretothe Little Rock
Municipal Airport commission shall by appropriate action compel the owner
of the Nonconforming Use, at his own expense to lower or remove such
object to the extent necessary to conform to the regulations.
Notwithstanding the foregoing provisions, no permit allowing the
continuation of any Nonconforming Use shall be granted where such use is.
at the time a permit is applied for, not in conformity with the regulations in
effect immediately prior to the enactment of any ordinance amending this
Article, including but not limited to changes in the height zoning map
incorporated herein which may from time to time be amended to eliminate
or mititgate existing hazards to landing and taking off at adams Field, to
ensure compliance with all applicable federal laws, or for any other lawful
reason.
4. Change and Repair of Nonconforming Uses- Before any Nonconforming
Use for which a permit has been issued in accordance with Section VII,
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paragraph 3 hereof, may be altered or repaired, rebuilt, allowed to grow
higher or replanted, a permit must be secured from the Little Rock i J
Municipal Airport Commission authorizing such change or repair. No such
permit shall be granted that would permit the structure or tree in question to
be made higher or become a greater hazard to air navigation than it was
when the permit for its continuance was granted.
5. Nonconforming Uses Abandoned or Destroyed — Whenever the Little Rock
Municipal Airport Commission determines that a Nonconforming Use has
been abandoned or more than 50 percent ( %) torn down or destroyed,
whether voluntarily, by act of God or otherwise, or has become more than
50% deteriorated or decayed, 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. In all such cases of 50% destruction,
deterioration or decay, whether application is made for a permit for repair or
not, the Little Rock Municipal Airport Commission shall, by appropriate
action, compel the owner of the Nonconforming Use, at his own expense to
lower or remove such object to the extent necessary to conform to the
applicable height limit.
6. Variances — Any person desiring to erect increase the height of any
structure, or permit the growth of any tree, or use property, not in
accordance with the regulations prescribed in this Ordinance, must apply to
the Little Rock Municipal Airport Commission for a variance from such
regulations. The application for variance shall be accompanied by a
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determination from the Federal Aviation Administration as to the effect of t
the proposal on the operation of air navigation facilities and the safe,
efficient use of navigable airspace. Variances shall be allowed where it is
duly found that a literal application or enforcement of the regulations will
result in practical difficulty or unnecessary hardship, and the relief granted
will not be contrary to the public interest, will not create a hazard to air
navigation, will do substantial justice and will be in accordance with this
Ordinance. No application for variance may be considered by the Little
Rock Municipal Airport Commission unless a copy of the application has
been fumished to the Airport Manager for advice as to the aeronautical
effects of the variance. If the Airport Manager does not respond to the
application for a variance within fifteen days after receipt, the Little Rock
Municipal Airport Commission may act on its own to grant or deny the
application.
7. Obstruction Marking and Lighting, — Any permit or variance granted may, if
such action is deemed advisable to effectuate the purposes of this Ordinance
and be reasonable in the circumstances, be so conditioned as to require the
owner of the structure or tree in question to install, operate and maintain, at
the owner's expense, such markings and lights as may be necessary. If
deemed proper by the Little Rock Municipal Airport Commission, this
condition may be modified to require the owner to permit the City of Little
Rock, at its own expense, to install, operate and maintain the necessary
markings and lights.
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8. Notice of Hearing of Application for Permits and Variances; Introduction of
Evidence — In all cases of applications for permits and variances as provided
for in Section VII hereof a public notice shall be published in the manner
prescribed by law for publication of legal notices, of a public hearing upon
the application in question; a public hearing shall hearing shall be held at
which any person having an interest in the proceedings shall have an
opportunity to offer evidence for or in opposition to the application in
question; and written findings of fact and conclusions of law shall be made
by the Little Rock Municipal Airport Commission, based upon the evidence
offered at the public hearing.
SECTION VIII: ENFORCEMENT
It shall be the duty of the Little Rock Municipal Airport Commission to administer and enforce
the regulations prescribed herein. Applications for permits and variances shall be made to the
Airport Manager upon a form published for that purpose. Applications required by this
Ordinance to be submitted to the Airport Manager shall be promptly considered and granted or
denied.
SECTION IX: LITTLE ROCK BOARD OF ADJUSTMENT
The Little Rock Board of Adjustment shall have and exercise the following powers:
to hear and decide appeals from any order, requirement, decision or determination
made by the Little Rock Municipal Airport Commission in the enforcement of this
Ordinance.
2. The Little Rock Board of Adjustment shall adopt rules governing the discharge of
its duty in harmony with the provisions of this Ordinance. Meetings of the Little
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Rock Board of Adjustment shall be public. The Little Rock Board of Adjustment
'7q,6
shall keep minutes of its proceedings showing the vote of each member upon each
question or, if absent or failing to vote, indicating such fact, and shall keep records
of its examinations and other official actions, all of which shall immediately be
filed in the office of the City Clerk and on due cause shown.
3. The Little Rock Board of Adjustment shall make written findings of facts and
conclusions of law, giving the facts upon which it acted and its legal conclusions
from such facts in reversing, affirming or modifying any order, requirement,
decision or determination which comes before it under the provisions of this
Ordinance.
4. The concurring vote of a majority of the members of the Little Rock Board of
Adjustment shall be sufficient to reverse any order, requirement, decision or
determination of the Little Rock Municipal Airport Commission or decide in favor
of the applicant on any matter upon which it is required to pass under this
Ordinance.
SECTION X: APPEALS
1. Any person aggrieved, or any taxpayer affected, by any decision of the Little Rock
Municipal Airport Commission made in the administration of this Ordinance, may
appeal to the Little Rock Board of Adjustment.
2. All appeals hereunder must be taken within a reasonable time as provided by the
rules of the Little Rock Board of Adjustment, by filing with the Little Rock
Municipal Airport Commission a notice of appeal specifying the grounds thereof.
The Little Rock Municipal Airport Commission shall forthwith transmit to the
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Little Rock Board of Adjustment all the papers constituting the record upon which
the action appealed from was taken.
3. An appeal shall stay all proceedings in furtherance of the action appealed unless
the Little Rock Municipal Airport Commission certifies to the Little Rock Board of
Adjustment, after the notice of appeal has been filed with it, that by reason of the
facts stated in the certificate, a stay would in the opinion of the Little Rock
Municipal Airport Commission cause imminent peril to life or property. In such
case, proceedings shall not be stayed except by order of the Little Rock Board of
Adjustment on notice to the Little Rock Municipal Airport Commission and on due
cause shown.
4. The Little Rock Board of Adjustment shall fix a reasonable time for hearing
appeals, give public notice and due notice to the parties in the interest, and decide
the same within a reasonable time. Upon the hearing, any party may appear in
person or by agent or attorney.
5. The Little Rock Board of Adjustment may, in conformity with the provisions of
this Ordinance, reverse or affirm, in whole or in part, or modify the order,
requirement, decision or determination appealed from and may make such order,
decision, requirement, decision or determination as may be appropriate under the
circumstances.
SECTION XI: JUDICAL REVIEW
Any person aggrieved, aggrieved, or any taxpayer affected, by any decision of the Little Rock
Board of Adjustment may, within thirty days thereof, appeal therefrom to the Circuit Court of
Pulaski County, as provided in Section 6 of the "Airport Enabling Act ", Act 116, Acts of
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Arkansas, 1941. Appeals from the Circuit Court shall be in accordance with statutes governing
such appeals in force and effect at the time an appeal is taken.
SECTION XII: PENALTIES
Each violation of this Ordinance, or of any regulation, order or ruling promulgated hereunder,
shall constitute a misdemeanor and be punishable by a fine of not more than 500 dollars, or
imprisonment for not more than 180 days, or both; and each day a violation continues to exist
shall constitute a separate offense. In addition, the Little Rock Municipal Airport Commission
may institute in any court of competent jurisdiction, an appropriate action or proceeding to
prevent, restrain, correct or abate any violation of the regulations of this Ordinance, or any order
or ruling made in connection with its administration or enforcement, and the court shall adjudge
then to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise, as
may be proper under all the facts and circumstances of the case, in order fully to carry out and
effectuate the purpose of this Ordinance and the orders and rulings made pursuant to the
authority herein given.
SECTION XIII: CONFLICTING REGULATIONS
Where there exists a conflict between any of the regulations or limitations prescribed in this
Ordinance and any other regulations applicable to the same area, whether the conflict be with
respect to the height of structures or trees, and the use of land, or any other matter, the more
stringent limitation or requirement shall govern and prevail.
SECTION XIV: SEVERABILITY
If any of the provisions of this Ordinance or the application thereof to any person or
circumstance are held invalid, such invalidity shall not affect other provisions or applications of
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this Ordinance which can be given effect without the invalid provision or application, and to this
end, the provisions of this Ordinance are declared to be serviceable.
SECTION XV: EFFECTIVE DATE
WHEREAS, the immediate operation of the provisions of this Ordinance is necessary for the
necessary for the preservation of the public health, public safety and general welfare, an
EMERGENCY is hereby declared to exist, and this Ordinance shall be in full force and effect
from and after its passage by the Board of Directors if the City of Little Rock and publication
and posting as required by law. Adopted by the Board of Directors of the City of Little Rock this
5thday of September , 2000.
ATTEST:
Cl* CLEI"d
APPROVED:
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