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858
ORDINANCE NO. 18,173
AN ORDINANCE AMENDING CHAPTER 36 OF THE
CODE OF ORDINANCE OF THE CITY OF LITTLE ROCK,
ARKANSAS CONCERNING WIRELESS
COMMUNICATION FACILITY REGULATIONS;
PROVIDING FOR MODIFICATION OF THE
LANDSCAPING AND SCREENING PROVISIONS OF
ARTICLE XII; PROVIDING FOR A 2 YEAR PERIOD OF
AMORTIZATION FOR EXISTING FACILITIES TO COME
INTO COMPLIANCE WITH THIS ORDINANCE; AND
FOR OTHER PURPOSES.
WHEREAS, Wireless Communications Facilities ( "WCF ") are permitted in most
areas of the City under the zoning ordinance, and
WHEREAS, the Little Rod, Planning Commission has recommended changes to the
current landscape and buffering standards for WCF and that the current provisions should
be revised and updated in accordance with the provisions stated in this ordinance; and
WHEREAS, the Little Rock Board of Directors has determined that existing WCF
are unsightly and should be brought into compliance with the revised landscape
requirements of this ordinance and that two (2) years is a reasonable period of time for
existing sites to come into compliance; and
WHEREAS, the Little Rock Board of Directors has determined that the screening
and landscaping revisions recommended by the Planning Commission in this ordinance
should apply specifically to all existing and new WCF in order to protect scenic views,
neighborhood property values, and the health, safety and welfare of the citizens of the city.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1: Chapter 36, Article XII, Section 36 -590 is amended to add in
alphabetical order with other defined terms the definition of "Primary use area" as follows:
Primary use area is the footprint of the WCF site which includes but
may not be limited to the concrete pad or graveled surface, equipment
facility, support structure and fence.
SECTION 2: Chapter 36, Article XII, Section 36- 593(c) is amended to provide
for deletion of the current language of (c)(1), (2) and (3) and its substitution with
replacement language as follows:
(c) Landscaping and screening
(1) All existing and new WCF shall be screened and landscaped as
follows:
a. All WCF subject to this section shall contain a permanent
six (6) foot landscape strip parallel with all sides of the
primary use area and outside of the opaque fence, except
for a space for ingress and egress to the primary use area.
b. An eight (8) foot opaque fence shall be constructed,
finished side facing outward, around the primary use area
to provide screening and a background for required
landscaping within the six (6) foot landscape strip.
C. The opaque fence shall also satisfy the security fence
requirement of section 36- 593(£).
d. The landscape strip on each side of the primary use area
shall be planted with two (2) trees of a 2" caliper which will
grow to a minimum twenty (20) feet in height at maturity.
The space between trees shall be planted with evergreen
shrubs of thirty (30) inch height on 30 inch centers at
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planting, sufficient to cover at maturity the entire ground
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area within the landscape strip. ti Q
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(2)
Existing mature trees shall be retained within the six (6) foot
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landscape strip and all leased or owned areas outside the primary
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use area except for reasonable ingress and egress.
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(3)
Existing vegetation within a WCF site may be used in lieu of
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required landscaping when approved by the Planning Commission
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for TUP applications or by staff in other WCF applications.
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(4)
The permanent six (6) foot landscape strip required by this section
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shall be maintained in such a manner as to assure that vegetation
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grows to mature height. Any planting within the strip shall be
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replaced if dead or diseased. Replacement vegetation shall be the
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minimum number, type and size required in this section.
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(5)
All applications for new or amended WCF shall include a detailed
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landscape plan for placement and maintenance. The use of existing
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vegetation within the WCF site shall be noted on the plan as to
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how it will fulfill the requirements of this article.
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(6)
Existing WCF subject to this section shall be landscaped in accorda
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with this section within two (2) years of the effective date of
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ordinance unless:
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a. the requirement to landscape a particular site is waived by
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the Board of Directors because the requirement will
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constitute an undue hardship; or
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b. compliance is deferred by the Board of Directors because
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the WCF is not located within 100 feet of any occupiable
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structure, provided, however, that the WCF shall landscape
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in accordance with this section within ninety (90) days of
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final inspection for any occupiable structure subsequently
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constructed within 100 feet of the WCF. 861
SECTION 3. Section 36 -593 (f) Security fencing, is amended only by
changing the term "six (6) feet in height" to "eight (8) feet in height." The balance of
the current language of that subsection shall remain the same.
SECTION 4. SeverabilitT. In the event any portion of this ordinance is declared
or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not
affect the remaining portions of the 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 5. Repealer. All laws, ordinances and regulations and parts thereof
in conflict with this ordinance are hereby repealed to the extent of such inconsistency.
Passed: December 20, 1999
Attest:
Robbie Hancock
City Clerk
Approved as to form:
nt
omas lW. arpenter
City Attorney
Approved:
Ji ailey
M or