16437316
1 ORDINANCE NO. 16,437
2
3 AN ORDINANCE AMENDING CHAPTER 36 OF
4 THE LITTLE ROCK CODE OF ORDINANCES
5 TO REQUIRE A CONDITIONAL USE PERMIT
FOR CREMATORIA LOCATED IN THE CITY
6 OF LITTLE ROCK, ARKANSAS, DECLARING
7 AN EMERGENCY, AND FOR OTHER
8 PURPOSES.
9
10 WHEREAS, Act 365 of 1993 requires that a permit be obtained
before construction of a crematorium in the State of Arkansas;
11 and provides for a process to obtain the permit; and
12 WHEREAS, Act 365 does not become effective until August 12,
13 1993; and
14 WHEREAS, the Board of Directors of the City of Little Rock,
15 Arkansas believes that the crematoria have deleterious effect
upon residential, commercial and industrial areas within the
16 City of Little Rock and should therefore be permitted only as a
17 conditional use.
18 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
19 THE CITY OF LITTLE ROCK, ARKANSAS:
20 SECTION 1. Purpose. The purpose of this ordinance is to
require that no crematoria will be constructed within the City
21 of Little Rock without a conditional use permit.
22 SECTION 2. Section 36.3 of the Little Rock, Ark., Rev. Code
23 (1988) is hereby amended by adding the following definitions:
24 CREMATORY, CREMATORIUM OR
25 CREMATORIES means an establishment
for the reduction of bodies to ash
26 by fire either directly or in ovens
27 or by a retort. This use shall be
28 conducted entirely within an
29 enclosed area.
30
MORTUARY OR FUNERAL HOME means a
31 facility in which deceased bodies
32 are prepared for burial and kept
33 until burial, and in which funeral
34 services may be conducted. A
35 crematorium may be part of the
services within a full service
36
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M == M M M M M w M r M
(a) Section 36- 301(c)(1)(2)
(b) Section 36- 302(c)(a)(n)
(c) Section 36- 320(c)(1)(t)
SECTION 4. Section 36 -587 of the Little Rock, Ark., Rev.
Code (1988) is hereby amended to add that this ordinance shall
not apply to existing crematoria. All crematoria in operation on
the effective date of this ordinance shall not be required to
obtain a conditional use permit so long as they remain in
continuous operation without expansion at the same location as
that on the effective date of this ordinance.
SECTION 5. Severability. In the event any portion of this
ordinance is declared or adjudged to be invalid or
unconstitutional, such declaration or adjudication shall not
defect the remaining portions of this ordinance, which shall
remain in full force and effect as if the portion so declared or
adjudged invalid or unconstitutional was not originally a part
of this ordinance.
SECTION 6. Declaring an Emergency. It is hereby found and
declared that the construction and location of crematoria is a
matter which must be regulated by public input and public
hearings. Therefore, this ordinance is necessary to protect the
public health, safety and welfare, and shall be in full force
and effect from and after its passage and approval.
ADOPTED: June 9, 1993
A•
APPROVED As TO FORM:
�.. I
THOMAS ,A DI' \
ATTORNEY CITY
APPROVED:
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317
funeral home
operation
if a
conditional use
permit is
properly
obtained.
SECTION 3. The following
sections of
the Little Rock
Code
of Ordinances are hereby
amended by
deleting the
word
"crematorium ":
(a) Section 36- 301(c)(1)(2)
(b) Section 36- 302(c)(a)(n)
(c) Section 36- 320(c)(1)(t)
SECTION 4. Section 36 -587 of the Little Rock, Ark., Rev.
Code (1988) is hereby amended to add that this ordinance shall
not apply to existing crematoria. All crematoria in operation on
the effective date of this ordinance shall not be required to
obtain a conditional use permit so long as they remain in
continuous operation without expansion at the same location as
that on the effective date of this ordinance.
SECTION 5. Severability. In the event any portion of this
ordinance is declared or adjudged to be invalid or
unconstitutional, such declaration or adjudication shall not
defect the remaining portions of this ordinance, which shall
remain in full force and effect as if the portion so declared or
adjudged invalid or unconstitutional was not originally a part
of this ordinance.
SECTION 6. Declaring an Emergency. It is hereby found and
declared that the construction and location of crematoria is a
matter which must be regulated by public input and public
hearings. Therefore, this ordinance is necessary to protect the
public health, safety and welfare, and shall be in full force
and effect from and after its passage and approval.
ADOPTED: June 9, 1993
A•
APPROVED As TO FORM:
�.. I
THOMAS ,A DI' \
ATTORNEY CITY
APPROVED:
e