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15832w U z HQ(� W 0 x w w w P m ORDINANCE 15,832 M = M = AN ORDINANCE AMENDING CHAPTERS 36 AND 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR THE ESTABLISHMENT OF REGULATIONS PERTAINING TO BUFFERS AND SCREENING, AND THE DELETION OF CERTAIN STANDARDS NOW IN PLACE DRAFT NO. 8 PAGE 1 03 -13 -90 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That Chapter 36 of the Code of Ordinances be amended to provide for deletion of certain language, modification of definitions and the creation of a new article as follows: Subsection a. That Chapter 36. be amended to provide for the deletion of Sections 36- 260.(b)(4), 36- 261.(b)(3), 36- 278.(4), 36- 280.(b)(6), 36- 298.(4), 36- 300.(b)(5), 36- 302.(b)(4)a, 36- 318.(3), 36- 319.(b)(4), 36- 321.(b)(3) and the serial restructuring of the remaining numbered entries accordingly. Subs_e_c_t_i,on.,.,.b. That Chapter 36. Article I, Section 38 -2. DEFINITIONS- GENERALLY be modified to provide for the deletion of the definition "buffer" in its entirety and the insertion of four (4) new definitions to read as follows: Buffer,_,.,._St_reet.: means a device in the form of a strip of land lying parallel and adjacent to a public street right -of -way. The plantings, existing and proposed, shall be as provided within the Landscape Ordinance of the City of Little Rock. The purpose of this buffer is to provide for minimum livability, a separation of the traffic movements, both on and off the site; and a visual screening and spatial separation of certain uses and /or activities from the public right -of- way. Buf,fer_r_._Land....._Us_e: means a device in the form of a strip of land lying parallel and adjacent to a property line common to a dissimilar use of a more restrictive nature. The plantings, existing and proposed, shall be as provided within the Landscape Ordinance of the City of Little Rock. 77 o- V a C -4 0 The purpose of this bu minimum livability and screening and physical dissimilar nature. • DRAFT NO. 8 PAGE 2 r rfer is to provide for maximum required visual separation of uses of a Screening: is the use of natural or man made .._........_.__._.. ...... topography, berms, fences, walls, trees, shrubs, ground cover or any combination thereof which partially or completely blocks the view of one area from another. Sc_reen_ng.,,....,_Opaque: means a man -made device on, or a natural feature of, a property which restricts access and /or visibility, the purpose of which is to provide privacy, separation of use, and lessen the impact of automobile lights on an adjacent use. Such screening shall be opaque in nature and disallow the passage of visible light frequencies. Subse_c_t_ion c. That Chapter 36. of the Code of Ordinances of the City of Little Rock, Arkansas be amended to provide for the inclusion of a new article to be numbered IX and to read as follows: ARTICLE I X- BUFFERSANDS CR............... SCREENING . ....,., __ ............ ,__ SECT I ON,._,.3.8.,, -.5, 2-0. . . .... ....... PUAFO SK-A.-N-D . ....... I NTENT (a) This article is designed to provide for the establishment of minimum livability, green open space, and maximum required visual screening between dissimilar uses and public thorough- fares. Further, it is intended to promote the safety and welfare of the general public. This article establishes standards for the placement, retention or replacement of areas designated for foliage, including trees, shrubs, grasses and other ground covers, together with fences or man -made structures appropriate for a land use and its activity areas. (b) Specifically, the purposes of this article are to encourage: (1) Superior development and redevelopment through introduction of enhanced design criteria. (2) Provision of more effective landscaping and buffering of nonresidential uses. (3) Minimum disruption of neighborhoods through introduction of visual and physical barriers. 78 • • DRAFT NO. 8 PAGE 3 79 (4) Better utilization of sites with physical or geographic constraints or special features. (5) Preservation of large trees and other natural vegetation. SECTION 36- 521.__. --- _GENERA.L. PROVISIONS (a) The provisions of this ordinance are intended to be harmonious, compatible and supportive of those included within the Landscape, Land Alteration, and Stormwater Management Ordinances of the City of Little Rock. All plans for provision of required buffer areas shall incorporate the design standards set forth within these several ordinances. (b) These regulations are not intended to be additive in any respect, but shall overlay the area specified by the Landscape, Stormwater Management and Land Alteration Ordinances. (c) The areas designated on a plan for buffers shall be designed and developed utilizing the following: (1) Plantings, trees, ground cover and ornamental or structural embellishments as may be required by the Landscape Ordinance. (2) Stormwater detention areas, floodways, major drainage easements and hillside buffers, as defined in the Stormwater Management Ordinance, so long as these areas are not hard surfaced. (3) Utility easements for service to the designated facility through placement of a seven and one -half (7 1/2) foot easement parallel and adjacent to property lines. In addition, buildings on the site may be served by utility service lines and easements from the rear as specifically and absolutely necessary at a maximum of seven and one -half (7 1/2) feet in width for each easement. (4) Surfacing materials that are impervious to the passage of water shall be prohibited accept in such fashion as may be authorized by the Landscape Ordinance. M • • DRAFT NO. 8 PAGE 4 (5) All applications submitted for Planning 80 Commission review as a conditional use permit, planned unit development or other site plan review process shall submit a general plan for treatment of the areas required as buffers. This plan may be general with respect to types and numbers of trees or shrubs but must include a site grading plan. (d) 'These provisions shall extend to include the development or redevelopment of all properties currently classified as multifamily, office, commercial or industrial. (e) The right -of -way of any dedicated public thoroughfare or private street authorized by the Planning Commission shall not be used in computing the depth or area of any buffer. SECT_ION._.3.6_- _522_. BUFFERS_.._._ REQUIRED (a) This section is designed to provide standards for buffers in multifamily, office, commercial and industrial zoning while specifically omitting requirements for buffers or screening by single family or duplex uses. Buffers or screening shall not be required between single family or duplex uses or by such uses against existing multifamily or nonresidential use except in the creation of newly platted lots. For purposes of multifamily and nonresidential uses, like kind shall not be required to provide buffers. (b) The following shall constitute the standards for provision of buffers: (1) Mul.t_ifam,i..ly.._uaes,: These uses shall provide land use buffers only where abutting single family and duplex use or zoning. Street buffers shall be required in all instances. Land Use Buffer: All sites developed, modified or enlarged shall provide a land use buffer(s) as follows: - Side property lines at five (5) percent of the average width of the lot on both sides; - Rear Property lines at five (5) percent of the average depth of the lot; • • DRAFT NO. 8 PAGE 5 81 - The minimum dimension shall be six (6) feet in all instances; - The maximum dimension required shall be forty (40) feet in all instances. Street Buffer: All sites developed, modified ..... . ... _. ... _...._.. ............ ........ .... _ ....... .. or enlarged shall provide street buffers as follows: - All street property lines at five (5) percent of the average depth of the lot; - Street buffers shall not be required for alley frontage; - The minimum dimension shall be six (6) feet in all instances; - The maximum dimension shall be determined by the street classification as provided by the Master Street Plan of the City of Little Rock and as follows.: Expressway 60 feet Principal arterial 50 feet Minor arterial 40 feet Collector street 30 feet Local street 20 feet (2) Of_f,ice_,..,uses,: These uses shall provide land use buffers only where abutting multifamily, duplex or single family usage or zoning. Street buffers shall be required in all instances. Land Use Buffer: All sites developed, ........... . ... _. _. _. _.... .... ..... _ ..... modified or enlarged shall provide a land use buffer(s) as follows: - Side property lines at five (5) percent of the average width of the lot on both sides; - Rear Property lines at five (5) percent of the average depth of the lot; - The minimum dimension shall be six (6) feet in all instances; - The maximum dimension required shall be forty (40) feet in all instances. 0 DRAFT NO. 8 PAGE 6 Street Buffe . All or enlarged shall provide street buffers as follows: - All street property lines at five (5) percent of the average depth of the lot; - Street buffers shall not be required for alley frontage; - The minimum dimension shall be six (6) feet in all instances; - The maximum dimension shall be determined by the street classification as provided by the Master Street Plan of the City of Little Rock and as follows: Expressway 60 feet Principal arterial 50 feet Minor arterial 40 feet Collector street 30 feet Local street 20 feet (3) CoaT!r _al._.us.es,: These uses shall provide buffers where abutting any use or zoning except office, commercial or industrial. Street buffers shall be required in all instances. Land Use Buffer: All sites developed, modified or enlarged shall provide a land use buffer(s) as follows: - Side property lines at five (5) percent of the average width of the lot on both sides; - Rear Property lines at five (5) percent of the average depth of the lot; - The minimum dimension shall be six (6) feet in all instances; - The maximum dimension required shall be fifty (50) feet in all instances. Street Buffer: All sites developed, modified or enlarged shall provide street buffers as follows: - All street property lines at five (5) percent of the average depth of the lot; M • • DRAFT NO. 8 PAGE 7 83 Street buffers shall not be required for alley frontage; The minimum dimension shall be six (6) feet in all instances; The maximum dimension shall be determined by the street classification as provided by the Master Street Plan of the City of Little Rock and as follows: Expressway 60 feet Principal arterial 50 feet Minor arterial 40 feet Collector street 30 feet Local street 20 feet (4) Industrial ....- .uses: These uses shall provide land use buffers where abutting any use or zoning except industrial. Street buffers shall be required in all instances. Land Use Buffer: All sites developed, ................ ._-. ...................................... . ......... _. modified or enlarged shall provide a land use buffer(s) as follows: - Side property lines at five (5) percent of the average width of the lot on both sides; - Rear Property lines at five (5) percent of the average depth of the lot; - The minimum dimension shall be six (6) feet in all instances; - The maximum dimension required shall be seventy -five (75) feet in all instances. Street Buffer: All sites developed, modified _-. ..._ - - - --- --- . ­--_................. or enlarged shall provide street buffers as follows: - All street property lines at five (5) percent of the average depth of the lot; - Street buffers shall not be required for alley frontage; - The minimum dimension shall be six (6) feet in all instances; . • DRAFT NO. 8 PAGE 8 • i, The maximum dimension shall be determined by the street classification as provided by the Master Street Plan of the City of Little Rock and as follows: Expressway 60 feet Principal arterial 50 feet Minor arterial 40 feet Collector street 30 feet Local street 20 feet SECTION _.__3 6._- 5 2.3.._...._._,_S CREEN I NG .. REQUIRED I RED As a component of all land use buffer requirements, opaque screening, whether a fence or other devices,,,.,.a minimum of six (6) feet in height shall be required to be placed upon the property line side of a buffer. Where practical and the terrain permits, the required screening shall extend the full length of a property where any outside activity is located for a distance of ten (10) feet on either side of such activity. The activities to be screened are, but not limited to: parking lots, drives, sanitation areas, commercial static display of merchandise, loading docks, utility service facilities and /or heating and air conditioning equipment. Dumpsters or trash containment areas shall be screened on at least three sides to a height of eight (8) feet. This requirement may be modified as to location within the buffer when a circumstance unique to a site indicates that the screening will not serve its intended purpose and may, in some fashion, be inappropriate. The Planning Director shall review all requests for modification of location and make a determination of appropriateness. The Director shall not have authority to waive a requirement in its entirety. SECTION36.-_ 5, 24_.,_._.. _.._,EXCEPTIONS,(MODIFI,CATIONS The provisions of this section may be modified and /or trade offs permitted with respect to dimension or location within a property boundary. Permitted forms of modification are identified within the Landscape Ordinance and as follows: (a) For purposes of application of this section, no buffer or screening requirement located on an adjacent property may be utilized as a portion of a required buffer, nor allowed to be used in a trade off or modification of a �tandard. M M M r DRAFT NO. 8 PAGE 9 (b) Lots or tracts of land unique or unusual in shape, location or access may be permitted to reduce the land use buffers set forth in this ordinance to dimensions not less than the required building setback lines from side and rear property lines. (c) The redevelopment of a site utilizing all or parts of an existing building /s shall not be required to provide land use or street buffers except as follows: 1) When the orientation of the building changes to face another lot line or street frontage. 2) When new loading docks or building openings are proposed. 3) When outside storage of trash, materials, equipment or products are introduced to the site at new locations. 4) When new parking, drives or access to the site is proposed. In these instances, the buffer standards shall apply to the affected lot line only. (d) For purposes of lots containing nonconforming building(s) setback(s), the owner /developer may delete from the required buffer area that area in conflict with the existing building. (e) Lots or tracts of land abutting the right of way of a railroad zoned for residential use and held by title separate from all abutting lands shall not be required to provide land use buffers along the common property line. (f) In those instances where a developer proposes to erect a solid wall of face brick or other approved finish on a lot side or rear property line requiring a buffer, the buffer may be reduced when each of the following are applied: 1) Not less than the required building setback line established by the Zoning Ordinance. 2) All surface area between the proposed wall and the property line be landscaped as provided within the Landscape Ordinance. M M 0 3) The wall to have no openings, doors signage except as may be required b Building Code or Fire Department as device. M M M DRAFT NO. 8 PAGE 10 or y the a safety 4) The wall shall not exceed 26 feet in height including parapet or other roof line structure. 5) The elevator penthouse and HVAC systems to meet the original buffer dimension, whether roof or building mounted. (g) In those instances where a development site abuts a public park or other permanent public open space and where at least 100 feet of undisturbed natural foliage exists along the common lot line, a buffer requirement along the common property line may be reduced to the minimum landscaping and screening required by the Landscape Ordinance. Activity areas on the development site along the common line shall be screened as provided within Section 36 -523 of this ordinance. (h) Up to one -third (1/3) of a required land use or street buffer can be moved from one property line to another for purposes of improving visual esthetics or for other appropriate environmental or design concerns. This shall be permitted only when used in concert with trade -offs in the Landscape Ordinance. (i) For purposes of trade -off, an irregular land area may be substituted for the required parallel street buffer, when the designed intent is to preserve existing trees, foliage or land features. In all instances, the total required land area within the street buffer shall remain the same. (j) For purposes of this section, the Planning Director or a designated representative shall have the authority to interpret the language and specifics of application of the several exceptions. Appeals of the decisions of the Planning Director shall be filed with the Board of Adjustment. SECTION ......... 6_- 5.2.5_._._ .,.. ._PERMANENCY.,._OF,_BUFFER AREA It shall be the responsibility of the land owner to maintain all designated buffer areas in the manner established by the approved plan. M i • 0 SECTION ...36,_ - ,5_26,,.,........_,. VARIANCE DRAFT NO. 8 PAGE 11 Requests for variance from the standards of this ordinance may be filed with the Little Rock Board of Adjustment. The basis for relief and the procedure for filing shall be same as that established for zoning district variances. SECTION 2. That Chapter 31. of the Code of Ordinances of the City of Little Rock, Arkansas be amended to provide for the deletion of the following paragraphs entirely: 31- 281.(a)(1).; 31 -258.; 31- 311.(1). SECTION 3. The Chapter 31. of the Code of Ordinances of the City of Little Rock, Arkansas be amended to provide for the deletion of the words "and Buffers" from the title of Division 4. SECTION 4. That this Ordinance shall take effect sixty (60) days from and after its passage. PASSED_.___,...,_April 3, 1990 ATT .._._ Cit Clerk Jane zech APPROVED: Ma r F o C. Villines, III 87 D - 14 :t