13994ORDINANCE NO. 13,994
AN ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCE
NO. 13,617 OF THE CITY OF LITTLE ROCK, ARKANSAS AND
FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. That Section 8, Landscape Requirements for Vehicular
Use Areas - "Street Coverage Requirements" be amended to read as follows:
Street landscaping shall be required along any side of a vehicular
use area that abuts the right -of -way of any street, road, or highway.
A landscaping strip(s) shall be located between the vehicular use
area and the abutting right -of -way. This strip(s) should be at least
6' in width. However, if based on this requirement, the percentage of
land area to be devoted to landscaping the strip between the right -of -way
and the vehicular use area is equal or greater than 4% of the total square
footage of the vehicular use area, then the width of the landscaping strip(s)
may be revised downward to be a minimum 4' in width.
No more than 50% of the total landscaping and /or plantings, as required
by this section, shall be permitted to be located in the public right -of -way.
Concrete curbing or other approved material shall be provided around
the base of each planter area of landscape strip, to separate such area of
strip from adjacent contiguous property.
A planting screen or durable landscape barrier (30" in height measured
from adjacent vehicular use grade) shall extend the entire length of the
landscaping strip(s). Breaks in the barrier may be incorporated for aesthet-
ic or security purposes. If a barrier is of a nonliving material, its height,
design and location must be approved by the designated agents. If street side
plant materials or improvements are proposed which vary from the required mini-
mums and maximums as herein provided, said proposal may be approved by the
Director of Engineering where it is demonstrated by the applicant and so found
by the Director of Engineering that the variances proposed in the minimums and
maximums would not interfere with pedestrian and vehicular traffic safety.
One shrub or vine for each ten feet of nonliving durable barrier shall
be planted between the barrier and the street, and between the barrier and
the vehicular use area. These plantings need not be spaced ten (10) feet
on center, but rather, except for free - standing specimen plants, may be
planted in groupings of three (3) or less. The remainder of the landscape
strip(s) shall be improved with grass, ground cover, shrubs, or other
landscape treatment excluding paving and sand.
Trees shall provide a eight (8) foot height limb clearance except
multi -trunk species which shall be so installed and maintained as not to
create obstructions to vehicular and /or pedestrian traffic.
SECTION 2. That Section 9. Additional Landscape Requirements for
Public Rights -of -Way, be amended to read as follows:
SECTION 9. Additional Landscape Requirements for Public Rights -of -way;
This ordinance does not require that landscaping must be undertaken in public
rights -of -way except the seeding or planting and maintenance of appropriate
ground cover. However, should any person, firm, or corporation desire to make
other landscape improvements within public rights -of -way, then all other pro-
visions of this ordinance shall be enforced and additional requirements, as
provided in this article shall be mandated.
It shall be permissible to landscape the public right -of -way between
the property line and the street curb line, only if pursuant to and under
authority of the Board of Directors, as expressed by the granting of a fran-
chise for such purposes.
Any owner or occupant so desiring to landscape between the property
line and the curb line shall apply to the City of Little Rock, Arkansas, for
a franchise for such purpose. The application shall contain a Landscape Plan.
Upon a finding of the City Manager that such plantings are not or would not be
contrary to the public interest and would not cause injury or impairment to
existing improvements or to impair flow of vehicular or pedestrain traffic, a
franchise may be awarded at the sole discretion of the City Manager.
Any franchise so issued shall be subject to revocation by the City Manager
at any time upon a finding by the City Manager that any plantings are interfering
with public use of the right -of -way, or are causing physical injury to utilities
or other improvements in the vicinity or are not being maintained in a neat,
clean, and attractive manner. In the event of any revocation, the owner or per-
son occupying the adjacent premises shall remove any planting and shall restore
the right -of -way to its condition prior to the grant of the franchise at
the sole expense of the owner or occupant and at no expense to the City of
Little Rock.
Trees planted in the public right -of -way shall have no division of the
trunk below seven feet with the exception of multi -trunk species. The mini-
mum vertical clearance of limbs shall be eight feet and limbs which overhang
the street or are within eighteen inches of the curb shall have a minimum
vertical clearance of fourteen feet. Saplings and other plant materials shall
be so planted and maintained as to not create visibility or pedestrian obstruc-
tions until such time the above requirements can be met.
Sidewalk cuts for planting shall have a minimum area of twelve square feet
with one horizontal dimension no less than thirty -six inches nor more than forty
inches in width. The minimum distance from the back of the curb to the sidewalk
cut (or planting area) shall be thirty -six inches in the central business district;
and six feet in outlying areas. The tree shall be a minimum of ten feet from a
fire hydrant and four feet from any water or gas cut -off valves, measured on
center. The planting areas shall be landscaped with ground cover, river rock, or
metal grating.
Trees installed in the ground shall be a maximum of 40' -0" on center. Trees
should not necessarily be evenly spaced but rather clustered in groups of two or
more. Spacing of the trees may be varied, as long as the average spacing does not
exceed 40' -0 ".
There shall be a minimum unobstructed sidewalk of at least six -feet or
fifty percent of the total distance from the right -of -way line to the back of
the curb, when the sidewalk is the area from the property line to the edge of the
cut or planting area. Where the sidewalk (or pedestrian way) does not occupy the
entire area (or is not located adjacent to the property line) a minimum of six
feet of pedestrian way shall be provided to remain unobstructed where appropriate.
In the event the design layout and plan contemplate the
planting of trees above ground in planter boxes, said planter
boxes shall be constructed of reinforced concrete, or other
suitable materials. The design, location and spacing of the
planter box and material selection shall be approved by the
designated agent.
SECTION 3. That the last paragraph of Section 11-
"Certification of Compliance Required upon Completion of
Improvements;" be amended to read as follows:
Upon completion of improvements, the designated agent shall
inspect the vehicular use area for compliance with the approved
landscape plan and other requirements of this ordinance. A cer-
tificate of compliance must be issued by the Inspection Officer before
a certificate of occupancy can be issued for any related structure.
When occupancy of a related building is desired prior to completion of
the vehicular use area, a temporary certificate of occupancy may
be issued if a cash or surety bond is posted per the following section
(section 12). Such certificate shall not release the owner from
compliance with the landscape plan as approved.
SECTION 4. That this ordinance shall take effect and be in
full force from. and after its passage and approval.
PASSED: . February 17, 1981
ATTEST:
ty Clerk
/11_i� ��
ayor