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HomeMy WebLinkAbout14613w a N N N S] ro H a ro ro 0 w a ro W 0 w w w w w w w w M w w w w w 0 f ORDINANCE NO. 14,613 AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY IN THE VICINITY OF ADAMS FIELD, BY CREATING APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE "ADAMS FIELD HEIGHT ZONING MAP," WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTABLISHING ADMINISTRATIVE RESPONSIBILITY; AND IMPOSING PENALTIES. This Ordinance is adopted pursuant to the authority conferred by "The Airport Zoning Enabling Act," Act 116, Acts of Arkansas, 1941 (as amended). It is hereby found that an obstruction to navigable airspace has the potential for endangering the lives and property of users of Adams Field, and property or occupants of lard in its vicinity; that such obstruction may affect existing and future instrument approach minimums of Adams Field; and that such obstructions may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of Adams Field and the public investment therein. Accordingly, it is declared: (1) that the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Adams Field; (2) that it is necessary in the interest of the public health, safety and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and (3) that the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. LYl7 0-3 q_ ii 61 (4) that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or the marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land; and (5) that the existing Adams Field height zoning ordinance is cancelled and superceded by this Ordinance. IT IS HEREBY ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION I: SHORT TITLE This Ordinance shall be known and may be cited as "Adams Field Height Zoning Ordinance." SECTION II: DEFINITIONS As used in this Ordinance, unless the context otherwise requires: 1. AIRPORT - Adams Field 2. AIRPORT ELEVATION - 260 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 plan, the perimeter of the approach surface coincides with the perimeter of the approach zone. -2- 62 5. APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES - These zones are set forth in Section III of this Ordinance. 6. 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 1 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 410 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. 12. NONCONFORMING USE - Any pre - existing structure, object of natural growth or use of land which is inconsistent with the provisions 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 -3- Ordinance No. 14,613• dams Field Height zZ .nq• ® a � � r 63 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 System (ILS), Precision Approach Radar (PAR), or Microwave Landing System (MLS). 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. 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 - A paved area on the airport 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, buildinas,. towers, cranes, smokestacks, earth formations and overhead transmission lines. -4- 64 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 seven (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 - Any object of natural growth. SECTION III: AIRPORT ZONES In order to carry out the provisions of this Ordinance, there a i N are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, H transitional surfaces, horizontal surface and conical surface as w ro they apply to Adams Field. Such zones are shown on the ''Adams Field Zoning Height g g Ma p," consisting of one sheet, prepared by ro � Garver & Garver, Inc., dated August, 1983, which is attached to .H w a this Ordinance and made a part hereof. An area located in more ro than one of the following zones is considered to be only in the 0 v zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: 1. Visual Approach Zone (Runway 14) - 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 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. -5- 65 2. Nonprecision Instrument Approach Zone (Runways 18, 36, and 32) - 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. 3. Precision Instrument Approach Zone (Runways 4L, 22R, 4R, and 22L) - The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. 4. Transitional Zones - Areas beneath the transitional surfaces. 5. Horizontal Zone - The horizontal zone is established by swinging arcs of 10,000 feet radii from the center of each end of the 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. 6. Conical Zone - The area that commences 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 Ordinance, no structure shall be erected, altered or 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: 'Sim 66 1. Visual Approach Zone - Slopes twenty (20) feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface, and extending to a horizontal distance of 5,000 feet along the extended runway centerline. 2. Nonprecision Instrument Approach Zones - Slope thirty -four (34) feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface, and extending to a horizontal distance of 10,000 feet along the extended runway centerline. 3. 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 a horizontal distance of 10,000 feet along the extended runway centerline; thence slope forty (40) feet outward for each foot upward, extending to an additional horizontal distance of 40,000 feet along the extended runway centerline. 4. 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 410 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 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 -7- 67 of 5,000 feet, measured at 90 degree angles to the extended runway centerline. 5. Horizontal Zone - 150 feet above the airport elevation, i.e., at a height of 410 feet above mean sea level. 6. 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 of 350 feet above the airport elevation, i.e., to a height of 610 feet above mean sea level. 7. Excepted Height Limitations - Nothing in this Ordinance shall be construed as prohibiting the construction or 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 communication 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. 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 the removal, lowering or other change or alteration of any structure or tree not conforming to 2 M" r r r r Mao r M r r r r r r W 68 the regulations prior to the effective date of this Ordinance, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Ordinance, and is diligently prosecuted. 2. Marking and Lightinq - Notwithstanding the preceding provision of this Section, the owner of any existing nonconforming structure or tree 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. Lowerinq'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 structure or tree of nonconforming use for which a permit has been granted in accordance with Section VII, paragraph 3 hereof, as is necessary to permit lowering or removal of such structure or tree to the extent necessary to conform to the applicable height limitation prescribed in this Ordinance. In cases of imminent dancer to the health, safety and general welfare of the public, the Little Rock Municipal Airport Commission s:al1 take such immediate S35 69 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 has been approved in accordance with Section VII, paragraph 6. a. In the area lying within the limits of the horizontal zone and conical zone, 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 feet of vertical 'height above the -10- 70 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, structure or tree to become a greater hazard to air navigation than it was on the effective date of this Ordinance (or any 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 structure or tree, which is nonconforming to the regulations of this Ordinance at the time of its adoption, 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 -11- 71 ninety days of the effective date of this Ordinance, the Little Rock Municipal Airport Commission shall by appropriate action compel the owner of the nonconforming structure or tree, at his own expense, to lower or remove such object to the extent necessary to conform to the regulations. 4. Change and Repair of Nonconforming Uses - Before any existing nonconforming structure or tree for which a permit has been issued in accordance with Section VII, paragraph 3 hereof, may be altered or repaired, rebuilt, allowed to grow higher or replanted, a permit must be secured from the Little Rock 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 tree or structure 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 tree or structure, at his own expense, to lower or remove such object to the extent necessary to conform to the applicable height limit. -12- 72 6. Variances - Any person desiring to erect or 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 determination from the Federal Aviation Administration as to the effect of 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 furnished 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 -13- 73 permit the City of Little Rock, at its own expense, to install, operate and maintain the necessary markings and lights. 8. Notice of Hearing of Applications 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 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 1. 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. -14- 74 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 Rock Board of Adjustment for the purposes of administering and enforcing this Ordinance shall be held at the call of the Chairperson and at such other times as the Little Rock Board of Adjustment may determine. The Chairperson or, in the absence of the Chairperson, the Acting Chairperson may administer oaths and compel the attendance of witnesses. All hearings of the Little Rock Board of Adjustment shall be public. The Little Rock Board of Adjustment 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 -15- 75 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 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 Pock 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 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, requirement,.decision or determination as may be appropriate under the circumstances. -16- SECTION XI: JUDICIAL REVIEW Any person 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 Arkansas, 1941. Appeals from the Circuit Court shall be in accordance with the statutes governing such appeals now in force and effect. 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 purposes 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. -17- 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 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 severable. SECTION XV: EFFECTIVE DATE WHEREAS, the immediate operation of the provisions of this Ordinance is 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 of 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 21st day of February 198 4. ATTEST: City Clerk Jane Czech APPROVED: 19::::>��� Mayor J. W. Benafield W