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ORDINANCE 15,832
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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.
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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.
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• • DRAFT NO. 8
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(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.
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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.
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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;
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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.
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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.
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3) The wall to have no openings, doors
signage except as may be required b
Building Code or Fire Department as
device.
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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.
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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
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