13827ORDINANCE NO. 13 827
AN ORDINANCE AMENDING CHAPTER 37 OF THE CODE OF
ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS
AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
SECTION 1. Chapter 37 of the Code of Ordinances,
establishing rules and regulations for the subdividing of
land shall be amended as follows:
Subsection (a) Section 37.4. Jurisdiction and
application paragraph two shall be amended to read as
follows:
These regulations shall be applicable to all lands
within the city and its planning jurisdiction
except lots of record prior to the adoption of
this ordinance. Lots which were not in compliance
with prior subdivision regulations shall be deemed
to be in violation of this ordinance. The
planning area map is included in this text and
titled Map A -1.
Subsection (b) Section 37.4. Jurisdiction and
application Paragraph D shall be amended to read as
follows:
D. Large scale development involving the construction
of two or more buildings, together with necessary
drives and accessways, which is not subdivided
into customary lots, blocks and streets shall be
considered a subdivision and subject to this
ordinance. Plans for such developments shall be
submitted to the Planning Commission for approval.
After approval is granted, a plat in proper form
for recording shall be submitted to the County
Recorder.
No building permit shall be issued for development
of the site until the plat has been filed for
record.
Subsection (c) Section 37.8. Resubdivision of
Land, Paragraphs A. and B. shall be deleted in
their entirety and replaced by Paragraphs A. and B.
as follows:
A. Previously platted lots served by an existing
street system may be recombined without replatting,
provided that there is no increase in the number
of lots and no increase in the number or extent
of nonconformities of size, shape or open space.
B. Previously platted lots or series of lots returned
to acreage by court order or which were formerly
provided access from rights -of -way which have been
abandoned, shall be resubdivided in conformance
with these regulations prior to issuance of any
permits for construction. The reduction to
acreage and /or abandonment of street right -of -way
shall constitute abandonment of the former lots of
record.
Subsection (d) Section 37.9, Paragraph A.
Vacation of Plats shall be amended to read as follows:
A. Any plat or any part of any plat lying within the
City of Little Rock, Arkansas may be vacated by
the owner at any time before the sale of any lot
therein. Vacation of a plat shall be subject to
the approval of the Board of Directors. The Board
of Directors may reject any proposed plat vacation
which abridges or destroys any public rights in
any public use areas, improvements, streets or
alleys. Any plat lying outside the City limits of
the City of Little Rock, Arkansas and within the
extraterritorial jurisdiction may be vacated by
action of the appropriate county authority.
The owner of lands for which a request for
vacation is filed and granted shall provide the
appropriate documents to the County Recorder to
carry out the vacation order.
Subsection (e) Section 37.10. Variances, Paragraph
A.4. shall be amended to add the following:
. . . For purposes of platting lots abutting or
fronting on streets identified as requiring
special setbacks in the Master Street Plan, the
platted building lines shall conform to this
ordinance. This is permitted only in those
instances where all physical requirements of the
Master Street Plan are in place or proposed in
conjunction with the plat.
Subsection (f) Section 37.11.A. Shall be amended to
provide for the inclusion of a new definition which
reads as follows:
26A. Lot of Record - Any tract, lot, parcel or legally
describable ownership existing prior to the
adoption of this ordinance.
In order to qualify, a public record such as a
deed or plat shall be required.
Subsection (g) Section 37.11.A. shall be amended to
provide for the deletion of definition number 42.
Pipe -Stem Lots and the introduction of the definition
as Number 30 -A. retitled and as follows:
30A. Lots Pipe -Stem - Lots with narrow street frontage
and disproportionately wider rear yards.
Subsection (h) - Section 37.11.A. shall be amended to
provide for amendment of definition Number 50. Service
Easement, which shall read as follows:
50. Service Easement - A recorded easement used by
public utilities for the purpose of installation
and maintenance of facilities or used by the
public as a means of vehicular access to
commercial, office, industrial and multifamily
developments.
Subsection (i) - Section 37.11.A shall be amended
to provide for amendment of definition Number 53.
Street, Boundary, which shall read as follows:
53. Street, Boundary - an existing or proposed
public street or street right -of -way abutting or
sharing a common property line with a tract of
land to be developed or subdivided.
Subsection (j) - Section 37.11.A. shall be amended to
delete definition Number 64. in its entirety and place
notice procedure in Section 37.14, Paragraph B.
Paragraph B. to be amended to read as follows:
B. Notification - For nonresidential plats, the
applicant shall submit proof of written notice to
all owners of land contiguous to the subdivision
presented for approval. For residential plats the
applicant shall give written notice, to all owners
of unplatted tracts and all platted tracts in
excess of 2.5 acres contiguous to the subdivision
presented for approval. For all owners of
residential or nonresidential parcels landlocked
and contiguous to the subdivision, notice shall be
given.
The procedure for such notice shall be as follows:
Not less than ten days prior to the Planning
Commission Meeting, a written notification
containing the time, place and date of the hearing
shall be given. The applicant shall obtain the
names of those owners required to be notified from
a licensed abstractor.
Said notice shall be sent by certified or
registered mail or a petition of notification
circulated to the last known address of such
record owner(s) and the petitioner shall execute
and file with the Planning staff an affidavit
showing compliance herewith, attaching as exhibits
to said affidavit official evidence that said
notices have been so mailed or petition
circulated.
Subsection (k) - Section 37.14, Paragraph A. shall be
amended to provide for deletion of reference to Article
IV, Section 2.0 and insertion in its place of Article
IV, Section 38.17.
Subsection (1) - Section 37.13 Paragraph B.3. shall be
amended to provide for deletion of the reference to
Article III, Section 5.0 and insertion in its place of
Article III, Section 37.16.
Subsection (m) - Section 37.15, Paragraph A. shall be
amended to provide for deletion of the reference to
Article IV, Section 3.0 and insertion in its place of
Article IV, Section 37.19.
Subsection (n) - Section 37.15, Paragraph B. shall be
amended to read as follows:
B. The Engineering Division of Community Services
Department shall review final plats for
conformance with drainage and /or construction
plans approved in conjunction with the preliminary
plat. Comments will be forwarded to the Office of
Comprehensive Planning for use in final plat
review.
Subsection (o) -
amended to delete
2.0 and insertion
37.35.
Subsection (p) -
amended to delete
3.0 and insertion
37.19.
Subsection (q) -
amended to delete
3.0 and insertion
37.19.
Section 37.15, Paragraph C. shall be
the reference to Article VI, Section
in its place of Article VI, Section
Section 37.15, Paragraph C. shall be
the reference to Article IV, Section
in its place of Article IV, Section
Section 37.15, Paragraph E. shall be
the reference to Article IV, Section
in its place of Article IV, Section
Subsection (r) - Section 37.16, Paragraph D. shall be
amended to delete the reference to Article VII, Section
43 -48 and insertion in its place of Article IX, Section
9 -101.
Subsection (s) - Section 37.18, Paragraph A.13. shall
be amended to read as follows:
13. Where wastewater disposal is to be accomplished by
extending wastewater utility facilities, this
circumstance shall be indicated. In those
instances where extraordinary systems are proposed
in lieu of extending public wastewater systems,
detailed information shall accompany the plat.
Subsection (t) - Section 37.18, Paragraph C.7. Shall be
amended to read as follows:
7. Any portion of property within the floodway or the
100 year floodplain,'-based upon the Federal
Insurance Administration's National Flood
Insurance Program provided for and adopted by the
City of Little Rock.
Subsection (u) - Section 37.18, Paragraph D.2. shall be
amended to read as follows:
2. Floodplain Analysis - Where a portion of a plat is
suspected to be flood prone, and that area is not
covered by the Flood Insurance Study prepared by
the Federal Insurance Administration for the
National Flood Insurance Program, or is not
covered by available U.S. Army Corps of Engineers
information, an Engineering analysis shall be
submitted.
The analysis shall be submitted as part of the
preliminary plat filing. The Engineering Division
shall be provided with copies for review and
approval prior to submission of staff analysis to
the Planning Commission.
Such analysis shall be prepared by the engineer of
record at owner's expense. The analysis shall
determine to the best of the engineer's ability a
safe building line, and it shall be clearly and
legibly drawn on the preliminary plat.
Subsection (v) - Section 37.19, Paragraph B.18. shall
be added to read as follows:
18. Any area or lot which may be prone to local
flooding shall have the lowest allowable finished
floor elevation indicated on the final plat. This
elevation shall be compared to the one in one
hundred year flood elevation shown on the Flood
Insurance Study or, if not available, any other
applicable study in which the one in one hundred
year flood elevation is depicted. The Engineering
Division of the Community Services Department
shall review an approve compliance with the local
Flood Hazard Prevention Ordinance.
Subsection (w) - Section 37.20, Paragraph A.5. shall be
amended to read as follows:
5. The rezoning of any ownership may be required,
when the platting is proposed for change to a
format which is incompatible with the existing
zoning classification.
The replatting of an ownership may be required
when the zoning classification of an ownership is
changed to a district which is incompatible with
the existing platting of such property.
Subsection (x) - Section 37.20, Paragraph A.5. shall be
amended to read as follows:
5. When rezoning is required to bring a proposed
subdivision into conformance with the intended
use, such action shall be initiated by the
applicant prior to or simultaneously with the
request for subdivision approval. If the zoning
classification of property is changed subsequent
to final approval, a replat of the property may be
required by the Commission.
Subsection (y) - Section 37.20, Paragraph F. shall be
amended to provide for deletion of the reference to
Article VII and insertion in its place of Article IX.
Subsection (z) - Section 37.21.A. shall be amended to
read as follows:
Streets shall be related appropriately to the
topography so as to produce useable lots and
streets of reasonable gradient. Street grades and
alignment shall conform reasonably to the original
topography. In steep areas, through streets
should generally follow contour lines rather than
cross them. Combinations of steep grades and
curves shall be avoided. Sudden and frequent
changes of grade along arterials shall be avoided.
Sharp horizontal curvature should be avoided if
possible at or near the high point of a crest
vertical curve or near the low point of a
pronounced sag vertical curve.
Subsection (aa) - Section 37.21, Paragraph B.3. shall
be amended to read as follows:
B.3. New boundary streets shall be avoided except where
a requirement of the Master Street Plan provides a
defined alignment. In that event, the development
or plat proposed shall provide one -half of the
Master Street Plan specified improvements and
right -of -way. Whenever a proposed subdivision
abuts a partially dedicated or constructed public
street, the developer shall provide the minimum of
one -half of the required improvements and
right -of -way.
The Planning Commission may authorize a new
boundary street when the subdivider proposes
to dedicate the entire right -of -way and construct
all the required improvements.
In no case shall a subdivider retain a parcel of
land lying between a newly created boundary street
and a former property line, the purpose of which
would be to deny access by abutting owners.
Subsection (bb) - Section 37 -21 shall be amended to
provide for the creation of Paragraph B.M. which shall
read as follows:
B.3A. For purposes of determining the extent of
required improvements on boundary streets, the
right -of -way centerline shall be deemed to be the
plat boundary. Where a clearly defined
right -of -way does not exist, the City Engineer
shall establish the centerline location.
Subsection (cc) - Section 37.21 shall be amended with
respect to the chart titled residential street
classification. The following changes shall be made:
1. The chart shall be given the title of Chart 1,
Residential Street Classification.
2. The minimum right -of -way width for a principal
arterial shall be changed from 120 feet to 100
feet.
3. The minimum sight distance at the crest of a
vertical curve shall be changed from 150 feet to
110 feet on minor residential streets
4. The approximate design speed on principal
arterials shall be changed from 40 to 50 MPH.
5. The minimum sight distance at the crest of a
vertical curve shall be changed from 300 feet to
350 feet, on principal arterials.
6. The minimum site distance at the crest of a
vertical curve shall be changed from 300 feet to
275 feet, on minor arterial streets.
7. The minimum horizontal radius at centerline on a
prinicpal arterial street shall be changed from
600 feet to 1400 feet.
8. The minimum horizontal radius at centerline on a
minor arterial street shall be changed from 600
feet to 820 feet.
Subsection (dd) - Section 37.21, Paragraph 8.b shall be
amended to read as follows:
8.b Where collector or arterial streets intersect.
other collector or arterial streets at the
intersection shall not be less than thirty -one and
one -half (31 1/2) feet. Where residential streets
intersect with other residential, collector or
arterial streets, the curb radii at the
intersection shall be not less than twenty -five
(25) feet.
Subsection (ee) - Section 37.21.B.8.e. shall be amended
to read as follows:
e. Additional street paving and right -of -way in the
form of turning lanes shall normally be required
by the Engineering division of the Community
Services Department along arterial streets at
intersections with other arterial or collector
streets.
Subsection (ff) - Section 37.23 shall be amended to
read as follows:
Alleys may be allowed at the rear of commercial
lots, but shall not be permitted in residential
blocks except as a means of secondary access.
In the event a subdivider proposes the platting of
alleys in a residential development, evidence in
support of the need for alleys shall be filed with
the plat and made a part of the application.
Such need or circumstances shall be interpreted to
include provision of access to lots on terrain
with grades which make frontal access impossible.
Subsection (gg) - Section 37.24, Paragraph E. shall be
amended to read as follows:
E. Where a subdivision abuts or contains an existing
or proposed arterial street, freeway expressway or
railroad right -of -way, the Planning Commission may
require double frontage and reversed frontage lots
as a means of providing adequate protection of
residential development and to afford separation
of land from through traffic. Double frontage
lots may also be used to facilitate residential
development in hillside areas as defined in
Article V, Section 37.32 of this ordinance.
Elsewhere, double frontage lots shall be avoided.
Subsection (hh) - Section 37.25 shall be amended to
delete the last sentence of Paragraph A. and read as
follows:
A. Building lines for residential lots shall be at
least twenty -five (25) feet from each street
property line except in the following
circumstances: residential lots fronting on
collector streets shall have a platted building
line not less than thirty (30) feet from the
right -of -way line; residential lots fronting on a
minor arterial street shall have a platted
building line not less than thirty -five (35) feet
from the right -of -way line.
Subsection (ii) - Section 37.25, Paragraph C. shall be
amended to read as follows:
C. Multifamily (more than 4 units) subdivisions
abutting single family subdivisions or areas zoned
for single family use shall protect such areas
from potential nuisance by providing a minimum
forty (40) foot buffer strip and 6 foot fence of
opaque nature. In those instances where drives or
parking areas are proposed for intrusion into the
buffer strip a minimum of 15 feet shall be
retained in its natural state. If ground cover
and trees are sparse or have been removed, the 15
foot strip shall be replanted with cover of the
type natural to the area. No building, outside
storage areas or sanitation equipment shall be
permitted within the 15 foot area.
In those instances where a 25' permanent
landscaped rear yard is provided, the buffer may
be reduced to 25'. In this arrangement, no
structural or physical improvement are allowed
within the 25' buffer. The 6' fence requirement
will apply.
The fence shall be of wood, metal or masonry and
extend along the entire property line common to
single family use or zoning.
Subsection (jj) - Section 37.25 shall be amended to
provide for the inclusion of an additional paragraph to
read as follows:
D. Multifamily subdivisions (more than 4 units)
abutting areas zoned for multifamily or developed
as multifamily shall provide side and rear
setbacks along such common lines as provided in
the City of Little Rock Zoning Ordinance for the
density of units proposed.
Subsection (kk) - Section 37.26.B shall be amended to
read as follows:
B. Blocks in residential subdivisions shall not
exceed twenty two hundred ( 2200 ) feet in length
nor be less than four hundred (400) feet in
length.
Wherever practicable, blocks along major and minor
arterial streets shall be not less than one
thousand (1000) feet in length.
Subsection (11) - Section 37.26, Paragraph D. shall be
amended to read as follows:
D. Blocks shall have sufficient depth to provide for
two (2) tiers of lots unless a different
arrangement is required in the form of a single
tier of lots of maximum depth for blocks adjacent
to arterial streets, expressways, freeways,
railroads or waterways.
Subsection (mm) - Section 37.27, Paragraph C. shall be
amended to delete the reference to Article V, Section
8.O.G. and insertion in its place of Article V, Section
37.27.G.
Subsection (nn) - Section 37.28 Paragraph G. shall be
amended to read as follows:
G. Box culverts and bridges which cross public
streets need not extend from right -of -way line to
right -of -way line, but shall be of sufficient
width to accommodate vehicular and pedestrian
traffic. Box culverts having a clear span of less
than six (6) feet shall not qualify as a box
culvert in the above provision, but shall extend
across the street from right -of -way line to
right -of -way line.
Subsection (oo) - Section 37.28, Paragraph H. shall be
deleted entirely.
Subsection (pp) - Section 37.29, shall be amended to
provide for rewording of Paragraph A.l.
A. General
1. Commercial /office subdivisions abutting
residential subdivisions or areas zoned for
residential use shall protect such areas from
potential nuisance by providing a minimum 40
foot buffer strip and a 6 foot fence.
In those instances where drives or parking
are proposed for intrusion into the buffer
strip, a minimum of 15 feet shall be retained
in its natural state.
If ground cover or trees are sparse or have
been removed, the 15 foot strip shall be
replanted with cover of the type natural to
the area. No building, outside storage, or
sanitation equipment shall be permitted
within the 15 foot area.
The fence shall be of wood, metal or masonry
and extend along the entire property line
common to single family use or zoning.
Subsection (qq) - Section 37.29, Paragraph B. shall be
amended to read as follows:
B. Boundary streets abutting a proposed
commercial /office subdivision shall be developed
in accordance with the Master Street Plan. Where
an internalized system of public streets or private
service easements is proposed for
commercial /office subdivision, the following
design standards shall be observed.
Subsection (ss) - Section 37.29, Paragraph D. shall be
amended to read as follows:
D. Lots The depth and width for lots within plats
located inside the City Limits shall conform to
the applicable zoning district.
Minimum
Minimum
R.O.W.
Paving
Street Type
Width
Width
Sidewalks
Commercial
60 ft.
36 ft.
Both Sides
Minor Commercial
50 ft.
27 ft.
Both Sides
(A cul -de -sac not
more than 300 ft.
long)
Alley (when required)
20 ft.
17 ft.
N/A
Subsection
(rr) - Section 37.29,
Paragraph C. shall be
amended to
delete the
reference
to Article V, Section
Section
2.0 and insertion in
its place of Article V,
37.21.
Subsection (ss) - Section 37.29, Paragraph D. shall be
amended to read as follows:
D. Lots The depth and width for lots within plats
located inside the City Limits shall conform to
the applicable zoning district.
The depth and width for lots located outside the
City Limits but within the planning jurisdiction
shall comply with the following: minimum
dimensions for commercial lots shall be one
hundred (100) feet of frontage by one hundred
fifty (150) feet of depth.
In all instances, no commercial /office lot shall
have a depth exceeding three (3) times the width.
Pipe stem lots are expressly prohibited in
office /commercial subdivisions.
Subsection (tt) - Section 37.29, Paragraph F. shall be
amended to read as follows:
F. Building lines for lots within plats located
inside the City limits shall conform to the
applicable zoning district.
Building lines for lots located outside the City
limits but within the planning jurisdiction shall
comply with the following: front yard building
lines for commercial lots shall be at least forty
five (45) feet from the street right -of -way.
In all instances where a landscaped green area is
substituted for parking and vehicular movement
area between the building line and the street
right -of -way, a 25 foot front yard setback may be
approved by the Planning Commission. Approval of
the 25 foot commercial building line shall be
permitted on all lots fronting on streets as
defined in this ordinance and shall be contingent
upon submission of both a site plan dimensioning
the landscaping and a bill of assurance
prohibiting use of the yard area for parking.
Such landscaped areas may be traversed by not more
than two driveways providing access to the sides
and rear of the lot.
Subsection (uu) - Section 37.29, Paragraph G.1. shall
be amended to provide for deletion of the reference to
Article V, Section 10.0 and insertion in its place of
Article V, Section 37.29.
Subsection (vv) - Section 37.29, Paragraph G.2. shall
be amended to read as follows:
G.2. Service Easements where a commercial /office
subdivision requires the creation of an
internalized circulation system to provide access
to multiple lots and building sites, the Planning
Commission may, at its option, authorize th use of
a service easement in lieu of public commercial
streets. Location of private service easements
shall be indicated on the plat and be built to
public street dimensions, except where in the
opinio of the staff and the Planning Commission, a
reduced pavement width is deemed sufficient to
ensure safe and convenient access to the lots and
otherwise fully complies in all respects with the
purpose and intent of this ordinance. Design of
service easements shall be subject to the review
and approval of the City Engineering Division.
Subsection (ww) - Section 37.29, Paragraph H.
shall be amended to provide for deletion of the
reference to Article V, Section 10.0 and insertion in
its place of Article V, Section 37.29.
Subsection (xx) - Section 37.30 Paragraph C. shall be
amended to read as follows:
C. Blocks and Lots - In general, proposed industrial
sites shall be suitable in area and dimension for
the type of industrial development anticipated.
The depth and width for lots within plats located
inside the City limits shall conform to the
applicable zoning district.
The depth and width for lots within plats located
outside the City limits but within the planning
jurisdiction shall comply with the following:
1. Minimum lot depth shall be 200 feet.
2. Minimum lot width shall be 150 feet.
No lot shall have a depth greater than (3) three
times its width. Pipe stem lots are expressly
prohibited.
Subsection (yy) - Section 37.30 Paragraph E.b. shall be
amended to read as follows:
b. The side slope for both slopes of an earthen ditch
shall be at a slope of three to one (3:1) or less.
For concrete or riprap lined ditches, a slope of
one to one (1:1) or less is permissible with the
approval of the Engineering Division.
Subsection (zz) - Section 37.30, Paragraph D. shall be
amended to read as follows:
D. Building Lines and Lot Coverage - Building lines
for plats located within the City limits shall
conform to the applicable zoning district.
Building lines for plats outside the City limits
but within the planning jurisdiction shall conform
to the following:
Building lines and setback lines shall be a
minimum of fifty ( 50 ) feet from all industrial
street R.O.W. lines and a minimum of seventy (70)
feet from all arterial street R.O.W. lines. A
minimum of thirty (30) feet of setback shall be
provided on all other property lines.
One half of any adjacent permanent open space or
easement retained by the grantor for utility or
other purposes or dedicated to the public shall be
allowed as part of the required thirty (30) feet
of setback except that in no case shall the total
separation between buildings on adjacent tracts or
lots be less than sixty (60) feet.
Subsection (aaa) - Section 37.34, Paragraph A. shall be
amended to read as follows:
A. Streets - All streets shall be constructed in
accordance with applicable City of Little Rock
standards and specifications as provided in the
Master Street Plan of the City of Little Rock or
other such standards and specifications adopted by
the Board of Directors.
Subsection (bbb) - Section 37.35, Paragraph E. shall be
retitled Paragraph F., and a new Paragraph E. inserted
which shall read as follows:
E. Holding Accounts (in lieu fee) - In certain cases,
the subdivider may be allowed to contribute funds
to a holding account as specified by the Off -Site
Improvements Ordinance.
Subsection (ccc) - Section 37.16, Paragraph C.1. shall
be amended to read as follows:
C. Lot Splits
1. General Intent and Definition - The Planning
Commission hereby delegates to and designates
the Planning Director the authority for
approving or disapproving lot splits, where a
single lot, tract or parcel is being split
into two lots. The minimum lot size shall be
governed by the lot size specified by the
zoning classification of the subject
property.
SECTION 2. THIS ORDINANCE SHALL BE IN FULL FORCE AND
EFFECT FROM AND AFTER ITS PASSAGE.
PASSED: June 3, 1980
ATTEST:
(25
APPROVED:
Ity Clerk Mayor