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181731 2 3 4 5 6 7 8 9i 10 11 12 13 14 15 16i 17 18 19 20 21 22 23 24 25 26 27 28 858 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. 1 2 3 4 5 6 7 8 9 10 11 12 13, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 "a5 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 I planting, sufficient to cover at maturity the entire ground 2 area within the landscape strip. ti Q 3 (2) Existing mature trees shall be retained within the six (6) foot 4 landscape strip and all leased or owned areas outside the primary 5 use area except for reasonable ingress and egress. 6 (3) Existing vegetation within a WCF site may be used in lieu of 7 required landscaping when approved by the Planning Commission g for TUP applications or by staff in other WCF applications. 9 (4) The permanent six (6) foot landscape strip required by this section 10 shall be maintained in such a manner as to assure that vegetation 11 grows to mature height. Any planting within the strip shall be 12 replaced if dead or diseased. Replacement vegetation shall be the 13 minimum number, type and size required in this section. 14 (5) All applications for new or amended WCF shall include a detailed 15 landscape plan for placement and maintenance. The use of existing 16 vegetation within the WCF site shall be noted on the plan as to 17 how it will fulfill the requirements of this article. 18 (6) Existing WCF subject to this section shall be landscaped in accorda 19 with this section within two (2) years of the effective date of 20 ordinance unless: 21 a. the requirement to landscape a particular site is waived by 22 the Board of Directors because the requirement will 23 constitute an undue hardship; or 24 b. compliance is deferred by the Board of Directors because 25 the WCF is not located within 100 feet of any occupiable 26 structure, provided, however, that the WCF shall landscape 27 in accordance with this section within ninety (90) days of 28 final inspection for any occupiable structure subsequently 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ll 10 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