This chapter shall be known and may be cited as the "Airport Zoning Ordinance of the Arkadelphia Municipal Airport".

(Ord. No. 164, § 1)

As used in this chapter unless the context otherwise requires:

Airport means the Arkadelphia Municipal Airport, Arkadelphia, Arkansas.

Airport hazard means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft.

Landing area means the areas of the airport used for the landing, taking off or taxiing of aircraft.

Nonconforming use means any structure, tree or use of land which does not conform to a regulation prescribed in this chapter or an amendment thereto as of the effective date of such regulations.

Person means any individual, firm, co-partnership, corporation, company, association, joint stock association or body politic and includes any trustee, receiver, assignee, or other similar representative thereof.

Structure means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead transmission lines.

Tree means any object of natural growth.

(Ord. No. 164, § 2)

In order to outline definitely the horizontal and vertical limits beyond which the projection of any structure or tree will constitute an airport hazard, the airport zoning map, dated October 8, 1958, of the Arkadelphia Municipal Airport, Arkadelphia, Arkansas, attached herein is hereby incorporated into this chapter and made a part thereof:

A.

The established elevation of the airport is one hundred eighty-one (181) feet MSL.

B.

The airport reference point is established at a point described as follows:

Being at the NE corner of the SW 1/4 of Section 29, R. 7 S., R 19 W., thence east three hundred forty-eight point one (348.1) feet to the runway center line, thence north forty-two (42) degree twenty-nine (29) minutes east a distance of one thousand two hundred fifty (1,250) feet to a point on the runway center line.

(Ord. No. 164, § 3)

In order to carry out the purpose of this chapter, airport approach surface zones, horizontal surface zones, conical surface zones and transitional surface zones are hereby established as hereinafter defined and as shown on the attached airport zoning map.

A.

Approach surface zones. The approach surface zone is an inclined plane located directly above the approach area. The dimensions of the approach area are measured horizontally. The approach areas for each particular runway are symmetrically located with respect to the extended runway centerline and have lengths and widths as shown on the attached airport zoning map which also shows the slopes of the respective surface approach zones.

B.

Horizontal surface zones. The horizontal surface zone is a plane, circular in shape, with its height one hundred fifty (150) feet above the established airport elevation and having a radius from the airport reference point as indicated on the attached Airport Zoning Map.

C.

Conical surface zone. The conical surface zone extends upward and outward from the periphery of the horizontal surface zone with a slope of twenty point one (20.1) measured in a vertical plane passing through the airport reference point. Measuring radially outward from the periphery of the horizontal surface zone, the conical surface zone extends for a horizontal distance as shown on the attached airport zoning map.

D.

Transitional surface zones. The transitional surface zones are inclined places with a slope of seven point one (7.1) measured upward and outward in a vertical plane at right angles to the center line of the runway. The transitional surface zones, symmetrically located on each side of the runway, extend upward and outward from a line on either side of the runway which is parallel to and level with the runway center line. These parallel lines are at a horizontal distance from the runway center line equal to one-half (½) of the minimum width of each approach area as shown on the attached airport zoning map.

(Ord. No. 164, § 4)

A.

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow or maintained in any airport approach surface zone, horizontal surface zone, conical surface zone or transitional surface zone to a height in excess of the height limit herein established for such zone. For purposes of this regulation, height limits shown on the attached airport zoning map are hereby established for each of the zones in question.

B.

Such portions of the transitional zones adjoining the landing strips and within the boundary of the airport property are further restricted to prohibit any fixed structure above the ground surface within three hundred twenty (320) feet of the runway centerline. In cases where there is overlapping of zones within any other zone, the lower height limitation fixed for either of such zones shall apply; provided, however, that the height of other limitation and restriction herein imposed shall not apply to such structures as may be needful, appropriate or customarily employed for aeronautical purposes.

C.

Notwithstanding any other provisions of this chapter to the contrary, the height limits prescribed by this chapter shall not establish for any particular parcel of land at any particular point within such parcel the height limit of less than twenty-five (25) feet above the surface elevation of the land at that point.

(Ord. No. 164, § 5)

Notwithstanding any other provisions of this chapter, no use may be made of land within any airport approach surface zone, horizontal surface zone, conical surface zone or transitional surface zone in any manner as to create electrical interference with radio communications between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft.

(Ord. No. 164, § 6)

The regulations prescribed in Sections 14.12.05 and 14.12.06 of this chapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date hereof or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained 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 chapter and is diligently prosecuted and completed within two (2) years thereof.

(Ord. No. 164, § 7)

Any person desiring to erect any structure or increase the height of any structure or permit the growth of any tree or use his property not in accordance with the regulations prescribed in this chapter may apply for a variance therefrom. Such variance shall be allowed where a literal application or enforcement of these regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of this chapter.

(Ord. No. 164, § 8)

No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any airport approach surface zone, horizontal surface zone, conical surface zone or transitional surface zone unless a permit therefor shall have been applied for and granted. Each such application shall indicate the purpose for which the permit is desired, with sufficient particularity to permit 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 applied for shall be granted.

(Ord. No. 164, § 9)

Any permit or variance created under Sections 14.12.08 or 14.12.09 may, if such action is deemed advisable to effectuate the purposes of this chapter and reasonable to the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the City of Arkadelphia, Arkansas, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

(Ord. No. 164, § 10)

The Airport Commission is hereby designated the administrative agency or administrative officer charged with the duty of administering and enforcing the regulations herein prescribed. The duties of the administrative agency or officer shall include that of hearing and deciding all permits under Section 14.12.09.

(Ord. No. 164, § 11)

Any person aggrieved or taxpayer affected by any provision of the administrative agency may appeal to the Circuit Court as provided in Section 6 of the Airport Zoning Enabling Act, Act 116, Acts of Arkansas, 1941.

(Ord. No. 164, § 12)

Each violation of this chapter or any regulation, order or ruling promulgated hereunder shall be punishable by a fine of not more than one hundred dollars ($100.00) or imprisonment for not more than thirty (30) days or both such fine and imprisonment and each day a violation continues shall be a separate offense.

(Ord. No. 164, § 13)

There is hereby created a Committee to be known as the Arkadelphia Airport Advisory Committee to be composed of five (5) members who shall be residents and qualified electors of Clark County, Arkansas.

(Ord. No. 98-11, § 1; Ord. No. O-19-04, § 1, 6-4-2019)

The Committee shall consist of five (5) members of which at least two (2) shall be a resident of the City of Arkadelphia. Four (4) of the Committee members shall be nominated by the City Manager and confirmed by a vote of the duly elected and qualified members of the City Board of Directors. One (1) of said Committee members shall be nominated by the President of Henderson State University and confirmed by a vote of the duly elected and qualified members of the City Board of Directors.

(Ord. No. 98-11, § 2; Ord. No. O-19-04, § 2, 6-4-2019)

The Committee member nominated by the President of Henderson State University shall serve an indeterminate term subject to the will of the City Board of Directors and the President of Henderson State University. The remaining four (4) Committee members shall serve staggered four-year terms. A Committee member may succeed himself/herself. Present Committee members shall continue to serve their terms on the Advisory Committee and they will expire as follows:

(Ord. No. 98-11, § 3; Ord. No. O-19-04, § 3, 6-4-2019)

Committee members shall receive no compensation for their services but shall be entitled to reimbursement for expenses reasonably incurred by them in the performance of their duties as member of said Committee.

(Ord. No. 98-11, § 4; Ord. No. O-19-04, § 4, 6-4-2019)

The Airport Committee shall be advisory in nature and shall make recommendations to the City Manager and the City Board of Directors concerning operation of the airport.

(Ord. No. 98-11, § 5; Ord. No. O-19-04, § 5, 6-4-2019)

The Committee shall elect from its members a Chairman and Vice-Chairman and shall determine their tenure as such officials. It may also appoint a Secretary who may be but is not required to be a member of the Committee.

(Ord. No. 98-11, § 6; Ord. No. O-19-04, § 6, 6-4-2019)

The Airport Advisory Committee shall hold regular meetings. In addition, the Chairman of the Committee may call special meetings. The Chairman shall also set the agenda for the Advisory Committee in consultation with the City Manager.

(Ord. No. 98-11, § 7; Ord. No. O-19-04, § 7, 6-4-2019)