186830
•
1
2 ORDINANCE NO. 18,683
3 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF
4 THE CITY OF LITTLE ROCK, ARKANSAS, CONCERNING WIRELESS
5 COMMUNICATIONS FACILITY REGULATIONS; PROVIDING FOR
6 MODIFICATION OF THE LANDSCAPING AND SCREENING PROVISIONS OF
7 ARTICLE XII; PROVIDING FOR EXISTING WCF TO COMPLY WITH SUCH
8 LANDSCAPING AND SCREENING PROVISIONS WITHIN 30 DAYS OF THE
9 EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.
10
11 Whereas, the Board of Directors passed certain standards for landscaping and buffering of
12 wireless communication facilities ( "WCF ") in Little Rock, Ark., Ordinance No. 18,173 (December 20,
13 1999), as may be amended ( "LRO 18,173 ") which were to apply to all future applications for WCF
14 permits, and
15 Whereas, Section 2(c)(6) included a requirement that WCFs in existence on the date of LRO
16 18,173, but not in compliance with the provisions of the ordinance, were required to come into
17 compliance within a two (2) year period of time unless the Board granted a waiver or deferral of the
18 various provisions, and
19 Whereas, the two (2) year grace period has now expired and new and existing WCF shall
20 be landscaped and screened within 30 days of the effective date of this ordinance, or obtain a
21 deferral of the requirements from the Little Rock Planning Commission.
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
23 THE CITY OF LITTLE ROCK, ARKANSAS:
24 Section 1: Section 36- 593(c)(6) of Little Rock, Ark. Rev. Code ( "LRC ") (1988) is
25 deleted in its entirety and the following language is substituted as follows:
26 (6) Existing WCF shall be landscaped and screened in accordance with this
27 section within thirty (30) days of the effective date of this ordinance unless
28 compliance is deferred by the Planning Commission through the TUP process
29 because the WCF is not currently located within 100 feet of any occupiable
30 structure. Provided, however, the WCF shall be landscaped and screened in
31 accordance with this article within ninety (90) days of final inspection for any
32 occupiable structure subsequently constructed within 100 feet of the WCF.
33
• •
2 a. In such cases where the Planning Commission has granted a deferral
3 of the landscape and/or screening requirements of this article, the
4 Planning Commission may modify the deferral or impose the
5 landscape and screening requirements if, in the future, a major
6 change in circumstances occurs.
7 b. For purposes of this section, a "major change in circumstance"
8 means that:
9 (1) the area within 200 feet of the boundaries of the WCF tower
10 site has developed to the point that there is a virtually unobstructed
11 view of the tower site from any adjoining occupiable residential
12 structure or from public property or right of way, and
13 (2) the City has received a complaint from the owner of an
14 occupiable structure located within 200 feet of the tower site that
15 the site has insufficient landscaping or screening in place; and
16 (3) the City has requested that the parties resolve the issue by
17 agreeing to certain screening or landscaping requirements
18 consistent with LRC § 36 -593 which can be granted
19 administratively by the Director of Planning and Development, but
20 no agreement has been reached, or sufficient additional space
21 around the site has been acquired to meet the landscaping, setback
22 and screening requirements of LRC § 36 -593.
23 Section 2. Severability. In the event any section, subsection, subdivision, paragraph,
24 item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
25 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the
26 ordinance which shall remain in full force and effect as if the portion so declared or adjudged
27 invalid or unconstitutional was not originally a part of the ordinance.
28 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
29 inconsistent with the provisions of this ordinance are hereby repealed to the extent of such
[Page 2 of 3]
• •
1 inconsistency.
2 Section 4. Emergency. The City appreciates the fact that the federal government has
3 taken steps to encourage the advancement of telecommunications technology, and understands
4 that it is incumbent upon the City to encourage additional carriers to enter into the
5 telecommunications field and to be able to have some certainty about the requirements and
6 conditions for tower permits within the City. Such development is essential to protect the public
7 health, safety and welfare. The City also acknowledges and understands that existing federal and
8 state law allows the City to impose reasonable conditions on the appearance of wireless
9 communication facilities, which may include, among other things, landscaping and screening
10 requirements. An emergency is, therefore, declared to exist, and this ordinance shall be in full
11 force and effect from and after the date of its passage.
12
13 PASSED: MAY 21, 2002
14
15 ATTEST: APPROVED:
16
17`
18 l hX
19 Nataki S. ht, Jim Hey, Mayor
20 Assistant City Clerk
21
22 APPROVED AS TO LEGAL FORM:
23
24
25
26 Thomas M. Carpenter, City Attorney
27
[Page 3 of 3]