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 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 corporate limits of the City of Jacksonville, as authorized under Arkansas law [ACA §§ 14-56-201 et. al., 14-56-301 et. al., 14-56-401 et. al., 14-56-413)(a)(A)]. However, no conditions and/or uses of real property, including, but no limited to, existing recorded subdivision developments within the Overlay District (OD) in existence at the time of passage 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/reconstructions 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 exists a small number of residents per property acre in accordance with the recommendations 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 remained in existence when the principle purpose and use of said property is not altered by the modifications/reconstruction of said structure(s).

(Ord. 1119, § 1, 1999)

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 Jacksonville Municipal Code; c) provide for the health, safety, and welfare of the citizens through enactment and enforcement 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 OD.

(Ord. 1119, § 1, 1999)

Construct and/or development of residential housing in the affected areas of the OD shall provide for no ore than one (1) single-family dwelling per one (1) acre of real property that lies 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 previsions and recommendations of the AICUZ are addressed as they apply to use provisions as outlined herein, under the terms of the Jacksonville Municipal Code, or under the non-conflicting guidelines of the AICUZ study.

(Ord. 1119, § 1, 1999)

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 in the Clear Zone, APZ I, and APZ II.

(Ord. 1119, § 1, 1999)

The following conditions, permissible uses, and 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, smoke, 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;

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 OD.

For purposes of this Ordinance, these restrictive or prohibitive uses are to apply to all residential and non-residential properties located within the OD. 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 more detail in the applicable regulations and standards.

These prohibitions and restrictions are not to be construed so as to preclude or prohibit the normal and reasonable use (or single event usage) of real property and airfield control surfaces within the OD by owner(s), agents, or lessee(s) to include, but not necessarily be limited to, the following: cleaning and burning of trash and yard waste; maintaining stock ponds, vegetable gardens, or landscaping 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 for 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.

(Ord. 1119, § 1, 1999)

The provisions of JMC §§ 18.66.040 and 18.66.050 shall be enforced by Jacksonville Code Enforcement official(s). Enforcement shall follow the outline and scope of Code Enforcement official(s) under the provisions of this Code and State 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, and a certified copy of this Ordinance. Said filing shall serve as official notice to all current and future property owners, title insurance officials' mortgage company officials, and other interested parties of the permissive.