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ORDINANCE NO. 17,409
AN ORDINANCE TO AMEND CHAPTER 36 OF LITTLE 203
ROCK, ARK. REV. CODE TO ADD A DEFINITION OF
CORRECTIONAL FACILITY AND TO ALLOW SUCH
FACILITIES IN ALL ZONES BY CONDITIONAL USE
PERMIT ONLY; ESTABLISHING NOTICE AND
PLACEMENT CONDITIONS; AND DECLARING AN
EMERGENCY.
WHEREAS, the Board of Directors understands that on occasion it is necessary to establish
correctional facilities to temporarily house persons convicted of misdemeanors or completing sentences
on felony convictions, or otherwise being temporarily housed because of a violation of a state or federal
criminal laws; and
WHEREAS, in the absence of consistent and appropriate enforcement by the federal
government of its written notice requirements for placement of correctional facilities within local
communities, the Board of Directors deems it necessary to adopt notice requirements for placement of
such facilities in the City; and
WHEREAS, the Board of Directors also understands that the only control it has on the
placement of such facilities is through its zoning ordinances; and
WHEREAS, the zoning ordinance currently provides no clear definition of correctional facility
nor adequate procedures or district placement provisions for such facilities; and
WHEREAS, the Board of Directors of the City of Little Rock, Arkansas wishes to provide for
the health, safety, peace, comfort and general welfare of the citizens of Little Rock by specific regulation
of correctional facilities.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. Chapter 36 of the Little Rock Code of Ordinances is hereby amended to add the
following definition of correctional facility in Section 36 -3:
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Correctional facility means a staffed and supervised community based transitional fac'iliiy f6r
housing persons serving all or part of a sentence or probation, for violation or conviction of a criminal
offense, and which may also provide structured programs and services such as counseling and job
placement to the residents. This definition excludes jails, prisons and detention centers operated by any
local, county, state or federal government, and facilities operated by any state agency subject to
statutory notice provisions.
SECTION 2. Chapter 36 Section 36 -104 entitled "Uses exclusively conditional' is amended
to add a new paragraph to be lettered (a) to read as follows, and then to letter the existing paragraph
beginning with "Certain public and quasi- public uses..." to (b):
Sec. 36 -104. Uses exclusively conditional or otherwise restricted.
(a) Due to their nature and impact on adjacent properties, correctional facilities shall
require a conditional use permit in all zoning classifications.
SECTION 3. Chapter 36 Section 36 -107 is amended to add a paragraph (13) to read as
I follows:
13. Separation, spacing, and procedural requirements for correctional facilities shall be
determined by the planning commission so as not to adversely impact the neighborhood. Correctional
facilities are subject to the following additional requirements:
(a) Before a conditional use permit for a correctional facility can be granted, the applicant
shall clearly establish the following:
(i) All property owners or persons operating a business within five hundred (500) feet of the
property line of a proposed correctional facility have received notice by certified mail of
the exact location of the property and its intended use;
(ii) This required notice was sent to each person before any contract for operation of the
facility was granted, that this notice properly sets forth the exact procedure and time
frame for the person notified to register objections with the appropriate governmental
agency, and that proof of such notice is provided as required for conditional use permits;
(iii) The facility is not located within five hundred (500) feet of the property line of any
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school, any facility that operates programs for youth, or another correctional facility;
(iv) The applicant has conducted two (2) public hearings after having first advertised the
meetings and location prominently not less than five (5) nor more than seven (7) days
prior to each meeting; that such advertisement was prominently displayed and not a
mere legal advertisement, in a newspaper with seven (7) days a week county -wide
circulation;
(v) Procedures are in place should the permit be granted that the Chief of Police shall be
notified within one (1) hour that a resident of the facility has escaped or failed to return
when required;
(vi) Adequate security measures are in place to prevent any resident of the correctional
facility from violating subsection (v) more than once in a thirty (30) day period.
(b) These requirements for correctional facilities are in addition to any other provisions
required for a conditional use permit under this code. These requirements are mandatory and not
directory. In the event of a conflict with the other provisions of the code, these requirements shall
control. Substantial compliance is not sufficient. Failure to comply with these requirements shall be a
basis to deny the permit. Within one hundred twenty (120) days of granting the permit, the permit may
be rescinded upon presentation to the planning commission of clear and convincing evidence that the
applicant failed to comply with subsections (i) through (iv) above. Failure to comply with subsections
(v) and (vi) two (2) times within a 90 -day period, or the commission of a violent felony by a resident
of the correctional facility, shall be a basis for determining that security is inadequate and such
determination shall be a cause for immediate revocation of the permit. The planning commission shall
establish procedures for presentation of such evidence and for placement of the matter on its agenda for
public hearing.
(c) The terms "group care facility ", "rooming or boarding ", "community, welfare or health
care ", "establishment for a religious, charitable or philanthropic organization', "governmental or private
recreational uses ", and "rooming, lodging or boarding facilities ", shall not include a correctional facility
as a permitted use.
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(d) Any correctional facility in operation on the effective date of this ordinance shall be
required to come into compliance with this ordinance and obtain a conditional use permit within four
(4) years of the effective date of this ordinance.
SECTION 4. Severability. In the event any section, subsection, subdivision, paragraph,
subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be
invalid or unconstitutional, such declaration or adjudication shall not affect the remaining provisions
of this ordinance, as if such invalid or unconstitutional provision was not originally a part of this
ordinance.
SECTION 5. Emergency. The City Board of Directors has learned that while government
agencies have sufficient notice provisions to assure that the spirit of this ordinance is fulfilled, these
agencies will not demand compliance with these provisions with the result that correctional facilities are
inappropriately placed in neighborhoods despite the protestations of the residents and the City. To
assure that the zoning ordinance is fully complied with, that neighborhoods are protected, and that
adequate notice occurs before such a facility is located within the City, and in order to protect the public
health, safety and welfare, an emergency is declared to exist and this ordinance shall be in full force and
effect from and after the date of this adoption.
PASSED: March 4, 1997
CITY CLERK
APP OVED AS TO FORM:
Z
THOMAS M. CARPENILER
CITY ATTORNEY
APPROVED:
JIAf JbAILEY
MA OR
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