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ORDINANCE NO. 18,682
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE
OF ORDINANCES OF THE CITY OF LITTLE ROCK,
ARKANSAS PROVIDING FOR MODIFICATION OF VARIOUS
PROCEDURES, DEFINITIONS, LAND USE REGULATIONS
AND FOR OTHER PURPOSES.
WHEREAS, it has been determined by the Little Rock Planning
Commission that an annual review of this chapter is appropriate;
and
WHEREAS, the planning Commission has determined several
modifications are appropriate at this time.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. That various provisions of Chapter 36. be
amended as follows:
Subsection (a). That Chapter 36., Section 36 -3. be amended
to provide for the insertion of a new definition to read as
follows:
Truck or trailer rental or leasing (no service,
sales or repair) means a facility limited to an
office space, with display of trucks or trailers
which for a fee are rented or leased. This use
shall not permit the installation of hitches or
other towing apparatus.
Subsection (b). That Chapter 36., Section 36- 301.(c)(2) be
amended to provide for the insertion of a new conditional use to
be item y. and the serial restructuring of items y. and z.
accordingly. The new use to read:
y. Truck or trailer rental or leasing (no service, sales or
repair)
Subsection (c). That Chapter 36., Section 36- 302.(c)(1) be
amended to provide for the insertion of a new permitted use to
be item yy. and the serial restructuring of items yy. through
ass. accordingly. The new use to read:
yy. Truck or trailer rental or leasing (no service, sales
or repair)
Subsection (d). That Chapter 36., Section 36- 252.(2) be
deleted in its entirety and replaced with new text to read as
follows:
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(2) In no instance shall the floor area of the accessory
dwelling exceed that of the principal dwelling.
Subsection (e). That Chapter 36., Section 36- 253.(b)(2)g
be amended to correct a textural error and to read as follows:
g. Signs in compliance with Chapter 36, Article X.
Subsection (f). That Chapter 36., Section 36- 201.(a) be
amended to provide for the addition of new text and to read as
follows:
(a) Definition. In this section "tower" means any mast,
brace or other structure used for the support of amateur
radio, radio, television or broadcast media, specifically
exempting wireless communication facilities which are
covered in Article XII of this Chapter.
Subsection (g). That Chapter 36., Section 36- 502.(b)(2)f.
be deleted in its entirety and replaced with new text to read as
follows:
f. Schools and Educational institutions.
1. Nursery, kindergarten and day care centers, 1.0
space per administrator, teacher and employee on
the largest shift plus 1.0 space per facility
vehicle plus 1.0 space per 10.0 persons of
licensed capacity.
2. Elementary (grades 1 -5), 1.0 space per classroom
plus 1.0 space for each teacher, employee and
administrator on the largest shift. Stacking
space for drop -off and pick -up shall be required
on site. Stacking space shall be adequate to
accommodate private vehicles and school buses.
3. Middle (grades 1 -8), 1.0 space per classroom plus
1.0 space for each teacher, employee and
administrator on the largest shift. Stacking space
for drop -off and pick -up shall be required on
site. Stacking space shall be adequate to
accommodate private vehicles and school buses.
4. High (grades 9 -12), 6.0 spaces per classroom plus
1.0 space for each teacher, employee and
administrator on the largest shift. Stacking
space shall be adequate to accommodate private
vehicles and school buses.
S. College, university, business college or trade
school, 1.0 space for each three hundred (300)
square feet of gross floor area, or one (1) space
per four (4) students, whichever is greater.
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6. Dance school /studio, one (1) space per employee
plus on -site loading and unloading spaces to be
required at the rate of one (1) for each five (5)
students, based on the maximum number of students
at any one time. Loading and unloading spaces may
be provided in a drive through lane with stacked
stalls as may be approved by the public works
department.
Subsection (h). That Chapter 36., Section 36 -107. be
amended to provide for the addition of a new subsection (14) to
read as follows:
(14) Due to their scale of development and their impact on
nearby residential properties, churches and other religious
institutions with a seating capacity of greater than 500
persons in the sanctuary or main activity area, that are
proposed to be located on residentially zoned property
shall be subject to the following additional requirements:
a. Before a conditional use permit for such churches
or religious institutions can be granted the
applicant shall clearly establish the following;
1. All owners of property located within 500
feet of the property line of the proposed
facility have received notice by certified
mail of the exact location of the property
and its intended use. The notice shall also
include the date, time and location of a
public hearing to be conducted by the
applicant prior to the hearing before the
Planning Commission. This public hearing
shall be held no later than 15 days prior to
the hearing before the Planning Commission.
2. This required notice is to be sent within 7
days of filing an application for a
conditional use permit and proof of such
notice is to be filed with staff.
b. These requirements are in addition to any other
provisions required for a conditional use permit
under this code.
Subsection (i). That Chapter 36., Section 36- 106.(b) be
amended to provide for the insertion of new text and to read as
follows:
(b) The planning commission may impose conditions and
restrictions upon the use permitted by or the premises
benefited by the conditional use permit as may be necessary
to reduce or minimize the injurious effects of the
conditional use. The conditional use must ensure
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compatibility with the surrounding property to better carry
out the general intent of this chapter.
Subsection (j). That Chapter 36., Section 36- 516.(e)(1)a.
be amended to provide for the addition of new text and to read
as follows:
a. Between a required building setback line and a street
right -of -way, the maximum height shall be four (4)
feet. Other fences may be erected to a maximum height
of six (6) feet.
Subsection (k). That Chapter 36., Section 36- 516.(e)(2)a.
be amended to provide for the addition of new text and to read
as follows:
a. Between a required building setback line and a street
right -of -way, the maximum height shall be six (6)
feet. Other fences may be erected to a maximum height
of eight (8) feet.
Subsection (1). That Chapter 36., Section 36- 516.(e)(3)a.
be amended to provide for the addition of new text and to read
as follows:
a. Between a required building setback line and a street
right -of -way, the maximum height shall be nine (9)
feet. Other fences may be erected to a maximum height
of nine (9) feet.
Subsection (m). That Chapter 36., Section 36 -590. be
amended to provide for the insertion of new text within the
definition of "equipment facility" to then read as follows:
Equipment facility means any structure used to contain
ancillary equipment for a WCF that includes cabinets,
shelters, cable ice bridge, a build out of an existing
structure, pedestals, and other similar structures.
Subsection (n). That Chapter 36., Section 36 -590. be
amended to provide for the addition of new text within the
definition of "height" to then read as follows:
Height. When referring to a WCF, height shall mean the
distance measured from ground level to the highest point on
the WCF, including the antenna array; excluding the
lightning rod and any required light or beacon.
Subsection (o). That Chapter 36., Section 36 -590, be
amended to provide for the deletion and addition of text within
the definition of "support structure" to then read as follows:
Support structure means a structure designed and
constructed specifically to support an antenna array, and
may include a monopole, rooftop or ground- mounted tower and
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other similar structures. Self supporting (lattice) or
guy -wire supported towers shall be permitted as support
structures only if approved by the Planning Commission
through a tower use permit. Any device used to fasten an
attached WCF to an existing building or structure shall be
excluded from the definition of and regulations applicable
to support structures.
Subsection (p). That Chapter 36., Section 36- 593.(b)(1) be
amended to provide for the insertion of a new sentence and to
read as follows:
(1) Attached WCF. Antenna arrays for attached WCF are
exempt from the setback provisions of the zone in
which they are located. Equipment not placed within
or on the attachment structure must meet setback
requirements for the underlying zone. An attached WCF
antenna array may extend up to thirty (30) inches
horizontally beyond the edge of the attachment
structure so long as the antenna array does not
encroach upon an adjoining parcel.
Subsection (q). That Chapter 36., Section 36- 593.(b)(3) be
deleted in its entirety and replaced with new text to read as
follows:
(3) WCF with support structures abutting residential
property. In the case of a WCF with support structure
which is to be placed on property which abuts a
residential property on any side, the support
structure shall be set back a distance at least the
height of the support structure. That setback will be
measured from the face of the base of the support
structure to the property line of the abutting
residential property. The equipment facility shall
meet as a minimum the setback requirements of the
underlying zone.
Subsection (r). That Chapter 36., Section 36- 593.(h) be
amended to provide for the insertion of additional text and to
read as follows:
(b) Structural integrity. WCF with support structures
shall be constructed to the Electronic Industries
Association /Telecommunications Industries Association
(EIA /TIA) 222 Revision F Standard entitled "Structural
Standards for Steel Antennas Towers and Antenna Supporting
Structures" (or equivalent), as it may be updated or
amended. WCF with support structure shall be capable of
supporting at least two (2) additional antenna arrays.
Subsection (s). That Chapter 36., Section 36- 593.(1) be
amended to provide for the addition of new text and to then read
as follows:
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(i) Collocation agreement. All applicants for WCF with
support structures are required to execute a statement
upon filing the application agreeing to allow
collocation of other WCF providers. The host WCF
shall be constructed to accommodate two additional
antenna arrays and their equipment facilities.
Subsection (t). That Chapter 36., Section 36- 595.(a)(1) be
amended to provide for the addition of new text and to then read
as follows:
(1) Review of WCF under this section shall be conducted by
the department of planning and development upon filing
a WCF application. The submission requirements shall
be as directed by the "instructions for filing"
outline provided to the applicant.
Subsection (u). That Chapter 36., Section 36- 595.(a)(3) be
amended to provide for the insertion of new text and to then
read as follows:
(3) Timing of decision. The department of planning and
development shall render a decision on the WCF
application by written response to the applicant
within five (5) business days after receipt of the
completed application, except that an extension may be
agreed upon by the applicant.
Subsection (v). That Chapter 36., Section 36- 595.(b)(2)a.
be amended to provide for the insertion of additional text and
to then read as follows:
a. Application contents. Each applicant requesting a TUP
under this article shall submit a property survey and
a scaled site plan containing a scaled elevation view
and other supporting drawings, calculations and other
documentation showing the location and dimensions of
the WCF and all improvements associated therewith,
including information concerning specifications,
antenna locations, equipment facility and shelters,
landscaping, parking, access, fencing, and if relevant
as determined by staff, topography, adjacent uses and
existing vegetation.
Subsection (w). That Chapter 36., Section 36- 595.(b)(3).
be amended to provide for the insertion of additional text and
to then read as follows:
(3) Submission requirements. Application for a TUP shall
be submitted to the department of planning and
development on forms provided by staff. The
application shall be accompanied by a property survey
and a scaled site plan containing the information
described above, together with the appropriate fee
described in section 23 -3. The site plan shall be
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filed for review by the planning commission not later
than the filing date set by calendar.
Subsection W. That Chapter 36., Section 36- 593.(c)(1)a.
be amended to provide for the insertion of new text and to then
read 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, but within the lease area, except for a
space for ingress and egress to the primary use area.
Subsection (y) . That Chapter 36., Section 36- 593.(c) M d.
be deleted in its entirety and replaced with new language to
then read as follows:
d. The landscape strip on each side of the primary use
area shall be planted with two (2) trees of a 2"
caliper with a minimum spacing of 15 feet which will
grow to a minimum twenty (20) feet in height at
maturity. Each landscape strip shall also be planted
with evergreen shrubs of thirty (30) inches height at
planting, with a maximum spacing of 48 inches on
center and which will grow to a minimum height of 60
inches at maturity.
SECTION 2. Severability. In the event any title, section,
paragraph, 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 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 the ordinance.
SECTION 3. Repealer. All laws, ordinances, resolutions,
or parts of the same, that are inconsistent with the provisions
of this ordinance are hereby repealed to the extent of such
inconsistency.
SECTION 4. That this ordinance shall take effect thirty
(30) days from and after its passage.
PASSED: MAY 21, 2002
ATTEST:
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Assistant City Clerk Ma
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