HomeMy WebLinkAbout22651 1 ORDINANCE NO. 22,651
2
3 AN ORDINANCE TO REPEAL THE CITY OF LITTLE ROCK'S
4 PLANNING JURISDICTION IN UNINCORPORATED AREAS OF
5 PULASKI COUNTY IN COMPLIANCE WITH ACT 314 OF 2025, TO
6 AMEND ORDINANCES AND CITY CODE PROVISIONS
7 ACCORDINGLY,AND FOR OTHER PURPOSES.
8
9 WHEREAS, pursuant to Arkansas Code Annotated § 14-56-413, municipalities were previously
10 authorized to exercise extraterritorial jurisdiction within areas beyond their corporate limits; and,
11 WHEREAS, pursuant to Arkansas Code Annotated § 14-56-413, the extraterritorial jurisdiction
12 within areas beyond their corporate limits for municipalities of one hundred fifty thousand (150,000)
13 population and greater,was three(3)miles; and,
14 WHEREAS,prior to the enactment of Act 314 of 2025,municipalities, including the City of Little
15 Rock,were authorized to exercise extraterritorial jurisdiction in unincorporated areas pursuant to Arkansas
16 Code Annotated §§ 14-56-413, 14-17-208, 14-56-417, 14-56-422, 14-38-101, 14-40-208, 14-284-207, 17-
17 28-305, 18-15-1702, 18-15-1703 and related statutes;and
18 WHEREAS, such authority included regulation of land subdivision, plat approval, building
19 inspection, and other land use and infrastructure matters within a three (3) mile radius of city boundaries
20 for municipalities with populations over 150,000; and
21 WHEREAS, the Arkansas General Assembly enacted Act 314 of 2025, which repeals such
22 authority and requirements,thereby prohibiting municipalities from exercising authority over areas outside
23 their incorporated boundaries;and
24 WHEREAS,the City of Little Rock desires to bring its ordinances, policies, and regulations into
25 compliance with state law by formally repealing or amending all code sections and planning policies that
26 rely on or implement extraterritorial jurisdiction;and
27 WHEREAS,it is in the public interest to clarify that the City of Little Rock will no longer exercise
28 such authority outside its corporate limits after the effective date of Act 314 of 2025;
29 WHEREAS, Arkansas Code Annotated § 14-56-403 authorizes municipalities to prepare and
30 maintain municipal plans to promote,in accordance with present and future needs,the safety,morals,order,
31 convenience, prosperity,and general welfare of the citizens; and,
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1 WHEREAS, Act 314 of 2025 does not prohibit municipalities from preparing or updating
2 municipal planning documents that include areas outside city limits, provided such documents are not
3 enforced or implemented as binding regulation within unincorporated areas; and
4 WHEREAS,the City of Little Rock wishes to clarify that while it no longer exercises jurisdiction
5 outside its boundaries, it may continue to develop and maintain long-range, comprehensive, municipal
6 planning documents that reflect and promote the intent of Arkansas Code Annotated§ 14-56-403 and serve
7 as guidance for voluntary coordination with Pulaski County and other regional partners.
8 WHEREAS, the proposed ordinance was reviewed by the Little Rock Planning Commission at
9 their regularly scheduled meeting on August 14, 2025 and was unanimously approved.
10 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
11 CITY OF LITTLE ROCK,ARKANSAS:
12 Section 1.Repeal of Extraterritorial Jurisdiction.The City of Little Rock shall no longer assert,
13 exercise, or enforce extraterritorial jurisdiction or control in any unincorporated areas of Pulaski County
14 pursuant to Arkansas Code Annotated § 14-56-413 or any similar provisions repealed by Act 314 of 2025.
15 Nothing in this Ordinance shall be construed to authorize enforcement of any municipal ordinance,
16 regulation,or requirement in any area outside the incorporated boundaries of the City of Little Rock.
17 Section 2. Municipal Code Amendments.All provisions of the Little Rock Code of Ordinances
18 that refer to extraterritorial jurisdiction are hereby amended to reflect the repeal of such authority, where
19 pursuant to Act 314 of 2025. These include:
20 Little Rock, Ark, Rev. Code Chapter 23-2 "Planning Jurisdiction"is amended as follows:
21 The cit.,'s glom sdicti^ shall b0 sh^ the f llA Such jurisdiction is the
22 corporate limits of the City of Little Rock Arkansas,
23 ,
24
25
26 ;
27 ,
28 the SW 1/4, Section 32, T 3 N, R 14 W;
29 ,
30 T 3 N, R 14 W;
31 (4)THENCE Blest atom,the NeFth boundary line of Sections 5 and T 2 AT 1 1 1 W to the NW
32 corner of Section 6, T 2 N, R 14 W;
33 (5)THENCC South along the West bound....., tine of said Section t^the S . o of the NEj4
34 Section 1,T 2 N, R 15 W;
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1 ,
2 ;
3 ,
4 1/4, Section 1,T 2 N, R 15 W;
5 ,
6 T2N, R 15 W;
7
!(]\TU1 NCE C th el ng tl,e \lle t L,e.,.,l .., line f sai l Ce ti n to the Ail~ f tl a Cat/.
, Sc-v DCnwGocrolr�-cv�RroT�Ti GVArIIGI Ormo�i.,
8 Section 1 1 T 2 N D 1 5 W;
9 /1Il1TLIENCE U/ ..♦ 1 the C..�t \I/ ♦ terline F '.l ♦'
, c�roirsmv-�a�c—�v�c�errcvrsiriv yr Sai�SeEs�9il, t6 t11e�1� E6i'nEf 0 �j��
10 SE'/, Section 11, T 2 N, R 15 W;
11 /1 1\TH NCB South along the L st North South ., .arterline f Sections 1 1 14 an,l 23 T 2 AT n
> > >
12 1 5 W t„tl,o ATW cornerf the SE oE1 eco AT 1 5 W;
, , S , S tin 23,T2 , D
13 '
14 SE'/4, Section 23, T 2 N, R 15 W;
15
16 NW '/of Section 25, T 2 N, R 15 W;
17 (14)-TH NC East along the Nerd. East West gue.+erline of Section 25 T 2 Ait„ the
, > > >
18 ' ;
19 ,
20 SE'/4, Section 25,T 2 N, R 15 W;
21 /1 6)TH NC7 East along tl.e Seutl, boundary line F Sections 25 and 2L1 T ) AI 7? _1 4 \I/ to the
22 NE-cornerofth T\U1/. NWI Sti 31, T 2 AT, D 1 A W;
, > econ >
23 ,
24 SWV4, SW'/4, Section 31,T 2 N, R 14 W;
25 ,
26 of the NE'/4,NE '/4 , Section 6, T 1 N, R 14 W;
27 ,
28 of the SE'/4, SE'/4, Section 6,T 1 N, R 14 W;
29 ,
30 T 1 N,R 14 W;
31 /2 1\TFIENrc South along the West boundary line f Section 8 T 1 Al >? 1 A W to_the NW corner
32 of the SW 1/4, Section 8,T 1 N, R 11 W;
33
34 ;
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1 ,
2 the SEl/. SEI/. Section.8 T A W;
, , , 1 14, D 1
3 d 9, T 1 N, R 14 W to the NE
4 e e f the NW 1 , econ Sti 1 T 6 1 Ai D 1 A W;
, , ,
5 (25)THENCE e t aon the orth eut centerne o sa secton. to te- a e of t
� Shl g N Sh li fid i
, hSW he v
6 NE'/e, Section 16, T 1 N, R 14 W;
7 (26)THENC t aong the ast es cenerne oecons 6 an xx/ tin
, C l E Wt t li fS ti 1 d , to
8 NE corner of the NW'/4, SW'/4,of Section 15,T 1 N, R 14 W;
9 ,
10 the SW'/4, SW'/, Section 15, T 1 N, R 14 W;
11 ,
12 T1N, R11W;
13 (2n)TIENr>r Soutl, along the West boundary line f Sections 23 an„d 26 T 1 1.T D 1 A \xl to tthe
14 SW comer of the N W'/4, Section 26,T 1 N, R 14 W;
15 (30)THENC) , W $taleng the-Ea.t(e$tcenter SSectie �7 T 1 RTC D 1A \xl to the SW
16 corner of the SE'/,NEVI, Section 27,T 1 N, R 11 W;
17 ,
18 a of the S>~i SEv Se tie., .line reunty r ine);
, , ,
19 (3 HENC1:, East alone the Pulaski Saline County d e to the NW of Section 6 T 1 C
20 R 13 W;
21 ,
22 ,
23 ,
24 (-3--54-T-HEisiGE4ast-aleng4he-Ptilaski-Saline-Ceunty-hiner to the Nl: a e of Section 24 T__1 S
25 R 13 W;
26 (36)TH NCC South along the Pulaski Saline Count.,d e to the E a e of Seetien, 30 T_1 C
CJe , , , ,
27 R 12 W;
28 (3 7)TUENC❑ East along the South boundary line of Section 30 T 1 C D 12 W to t1�e SW a e
, , , ,
29 ofthe S❑ 1/ ai,d Section;
30 ,
31 SE VI, Section 30,T 1 S, R 12 W;
32 (3-9)ThENGEr-Bast-alefig4he-East-West-eenterline-ef-Seetiens--30-ande
,
33 SW corner, SEA,NW'/, Section 29,T 1 S, R 12 W;
34 , ,
35 the SEA,NW'/, Section 29, T 1 S, R 12 W;
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1 ,
2 SE'/e,NW'/4, Section 29,T 1 S, R 12 W;
3 ,
4 NEV„ Section 29, T 1 S, R 12 W;
5 ,
6 1S, R12W;
7 '
8 Section 21,T 1 S, R 12 W;
9 (445)THENCc, Ea"t-alongthe-East-West-centerline of Seetionss21-throughto
10 the SE corner of the NW'/4, Section 23, T 1 S, R 12 W;
11 (A 6)THENCc North along the West bounden.line of Section 23 T 1 C IJ 1 2 \I/to the NW corer
12 erection;
13 (47)THENCc East along the South boundary line of Section .the SE :o.ne.
14 ;
15 (44)THENG , North along the i,1 North South line of sail Section to the All~ c e of the NW
16 't-said Section;
17 (A9\THENCE- North al thtounaryne o bd lifec Stions 1 1 T 1 C IJ 12 \I/ to the S_Wrn coer
, um. e Eas
18 of the NW '/4, Section 12, T 1 S, R 12 W;
19 (em rucl.rrc c.et .1 ng the c et \x(est enterline f ,;1 Section to the>,lc e f the SE ii
20 Section 12, T 1 S, R 12 W;
21 (51\Tuc1.T(�>w North .ler a the c t h un i.ry li a .f r,:a Sectio t,the C\x/ e f the AI\I/ t!_
22 NW 1/4, Section 7, T 1 S, R 11 W;
23 (52)T 4ENCL East along the North East West„ ..,rterline of said Section to the SW c e of the
, ,
24 NE '/4,NE '/4, Section 7, T 1 S, R 11 W;
25 ,
26 the NE'/4,NEV., Section 7,T 1 S, R 11 W;
27 ,
28 T 1 S, R 11 W;
29
30 NW '/4, Section 5,T 1 S, R 11 W;
31 ,
32 NE 1/4,NE'/4, Section 5,T 1 S, R 11 W;
33 ,
34 of-said-Section;
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1 ,
2 corner of Section 33,T 1 N, R 11 W;
3 (--59*144-E-NC-ET-Nefth-aeng--the-East-*eundaFY-1-ine-ef-SeetiewemeIF
,
4 of-maid-Seetion;
5 (60)TL]ENCE L .mot .1 ng the N..tl, 1 oun a ... line �f Se ti ns 2A an 35 T 1 N A 1 1 [II to the
6 center-line-of the A rk.,nsas Diver.
7 ,
8 This amended section includes a deletion of each map included in Little Rock, Ark., Rev. Code
9 Chapter 23-2.
10 Little Rock,Ark. Rev. Code Chapter 23-27(b)"Members" is amended as follows:
11 "The citizen members shall be qualified by knowledge and experience in matters pertaining to the
12 physical, social, economic and cultural development of the city and shall hold no other appointive or
13 elective office in the city government except membership in the board of adjustment and shall be residents
14 of the cityresidents residing within the citys planning ri° action All members shall serve without
15 compensation."
16 Little Rock,Ark, Rev. Code Chapter 31-2, "Definitions" is amended as follows:
17 "Planning area means the area within which these regulations are enforced, including which
18 includes the corporate limits of the city ."
19 Little Rock, Ark. Rev.Code Chapter 31-11(a)"Vacation of Plats"is amended as follows:
20 "Any plat or any part of any plat lying within the city may be vacated by the owner at any time
21 before the sale of any lot therein.Vacation of a plat shall be subject to the approval of the board of directors.
22 The board of directors may reject any proposed plat vacation which abridges or destroys any public rights
23 in any public use areas, improvements, streets or alleys.
24 "
25 Little Rock,Ark. Rev. Code Chapter 31-36(2)"General Procedure" is amended as follows:
26 "The second step involves preparation of a preliminary plat by the applicant and consideration for
27 approval by the planning commission. This document is designed to show the proposed subdivision in
28 sufficient detail to indicate its workability in all respects but not in final form with all the details fully
29 computed. A subdivider proposing to subdivide within the terfiterial jurisdiction of the city shall not
30 proceed with any construction work on the proposed subdivision, including grading, before obtaining
31 preliminary plat approval."
32 Little Rock,Ark. Rev. Code Chapter 31-232(a)"Dimensions generally" is amended as follows:
33 "Except as provided herein,the minimum lot dimensions shall conform to the requirements of the
34 zoning ordinance for areas zoned within the jurisdiction.
35 ,
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1
2 Single family detached residential 60 100
3 Duplex 70 100
4 Apartment building(4 units or less) 70 100
5 Zero lot line residential lots 35 100"
6 Little Rock,Ark. Rev. Code Chapter 31-284(b)"Lots" is amended as follows:
7 "
8 In all
9 instances,no commercial or office lot shall have a depth exceeding three(3)times the width. Pipestem lots
10 are prohibited in office or commercial subdivisions."
11 Little Rock,Ark. Rev. Code Chapter 31-286(a) is amended as follows:
12 "Building lines for lots within subdivision plats of commercial or office subdivisions located inside
13 the city limits shall conform to the applicable zoning district.
14
15 "
16 Little Rock, Ark., Rev. Code Chapter 31-314 "Building Lines and Lot Coverage" is amended as
17 follows:
18 "Building lines for plats located within the city limits shall conform to the applicable zoning
19 district.
20 th
21
22
23
24 (-2-)One-half-of-any-adjesent-permafiefit-epewspase-er--easement-retained-bxf the-gutter-for-utility
25
26
27 (60)feet."
28 Little Rock,Ark. Rev. Code Chapter 36-5(10)"Interpretation" is amended as follows:
29 "The word"city"means the area of jurisdiction of the City of Little Rock,Arkansas,which includes
30 the corporate limits of the City of Little Rock,Arkansas"
31 Little Rock,Ark., Rev. Code Chapter 36-10(a)(1)"Applicability"is amended as follows:
32 "This chapter shall apply to all buildings, structures, land and uses within the corporate limits of
33 the city, i "
34 Little Rock,Ark.Rev.Code Chapter 35-453(b)"Eligibility Requirements and Staging"is amended
35 as follows:
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1 "Eligible properties include those located within the city limits
2
3 Little Rock, Ark, Rev. Code Chapter 36-572"Purpose and Construction" is amended as follows:
4 "The purpose of this article is to provide for an application and review procedure for the issuance
5 of a conditional use permit for any person seeking to locate a hazardous or medical waste disposal facility
6 within the city, . This article is to
7 be liberally construed consistent with Arkansas Statutes and federal law applicable to the disposal of
8 hazardous or medical waste"
9 Little Rock, Ark, Rev. Code Chapter 36-574"Definitions"is amended as follows:
10 "District zoned for residential uses means an area of the city as
11 designated on the official zoning map which authorizes the use of land or buildings primarily for dwelling
12 units. This definition includes all residential, planned residential and multifamily districts."
13 Little Rock, Ark., Rev. Code Chapter 36-575 "Permit Required"is amended as follows:
14 "No person shall engage in the operation of a hazardous or medical waste disposal facility within
15 the city without first having obtained a conditional use permit as
16 described herein. In no event shall a permit be issued to allow the operation of a hazardous waste disposal
17 facility within one-half mile of an occupied structure or district zoned for residential uses on the date of the
18 application for the permit. Medical waste disposal facilities shall not be permitted to operate within one
19 thousand (1,000) feet of an occupied structure or district zoned for residential uses on the date of the
20 application for the permit. Disposal facilities approved under this article shall only be allowed in districts
21 zoned I-2 or I-3, subject to the spacing requirements which shall be measured from the property line of the
22 proposed facility.No conditional use permit issued pursuant to this chapter shall become effective until the
23 applicable permits submitted to PC&E have been granted. Actual construction of the disposal facility shall
24 commence within one(1)year of the date of final approval of the conditional use permit or the permit shall
25 be revoked."
26 Section 6. Retention of Municipal Plans in Non-Enforceable Unincorporated Areas. While
27 regulatory control outside the city limits is hereby repealed, the City may continue to prepare, maintain,
28 and update comprehensive plans, future land use maps, and transportation or infrastructure studies that
29 include areas outside the City's incorporated boundaries solely for informational, advisory, and
30 intergovernmental coordination purposes. Such planning documents shall have no force of law and shall
31 not be construed to govern or regulate development outside the corporate limits.
32 Section 6. Applicability of Municipal Plans Upon Annexation. Upon the annexation of any
33 property into the corporate limits of the City of Little Rock, all applicable municipal planning documents,
34 land use designations, zoning classifications, development regulations, and infrastructure standards shall
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1 immediately apply to the annexed property. This includes any previously prepared plans or maps that
2 encompassed the annexed area for advisory or long-range planning purposes.
3 Section 8. Effective Date. This Ordinance shall become effective 30 days after publication, in
4 accordance with Arkansas law.
5 Section 9. Severabilily. If any section or provision of this Ordinance is found to be invalid or
6 unenforceable, such finding shall not affect the validity of the remaining provisions.
7 Section 10.Repealer. All ordinances,resolutions, bylaws,and other matters inconsistent with this
8 ordinance are hereby repealed to the extent of such inconsistency.
9 PASSED: September 2,2025
10 ATTEST: APPROVED:
11 ji3acsimvi 1.N.ei
12 Allison Segars,City Cle Frank Scott,Jr.,Mayor
13 APPROVED AS TO LEGAL FORM:
14
15 h .41 al 16 Thomas M. Carpenter,CittAil."--_,
rney
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