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1 ORDINANCE NO. 18.246
2
3 AN ORDINANCE AMENDING CHAPTER 29, ARTICLE VI,
4 LITTLE ROCK ARK. REV. CODE (1988) TO REQUIRE A
5 BUILDING PERMIT TO BE IN PLACE BEFORE ISSUING A
6 GRADING PERMIT; TO PROVIDE FOR A HARDSHIP
7 EXCEPTION; TO DECLARE AN EMERGENCY; AND FOR
8 OTHER PURPOSES.
9
10 WHEREAS, the City of Little Rock currently regulates the clearing of trees and the grading
11 of land in the City through the issuance of grading permits; and
12 WHEREAS, such regulations have been adopted and implemented to address significant
13 problems such as flooding, soil erosion and sedimentation, unstable slopes, drainage, aesthetic issues
14 and impaired quality of life, all of which impact the health, safety and welfare of citizens of the City
15 of Little Rock; and
16 WHEREAS, the City regulates the construction of buildings and other improvements on real
17 property through the issuance of building permits; and
18 WHEREAS, such regulations are designed to require that structures are built to City codes
19 in a timely manner; and
20 WHEREAS, it has recently come to the attention of the Little Rock Board of Directors that
21 the current grading permit requirements have allowed land in the City to be clear cut which has
22 caused the mass elimination of trees at an alarming rate; and
23 WHEREAS, such mass elimination of trees potentially increases the likelihood of the
24 problems described herein which the grading permit process is designed to address, and
25 WHEREAS, in some instances land has been needlessly clear cut with no particular
26 development plan in mind, but rather to reduce the costs of future development which may have to
27 comply with new land alteration, tree preservation and landscaping regulations now under
28 consideration by the City; and
29 WHEREAS, the Board is concerned that more land may be needlessly cleared of trees before
30 the new regulations as adopted by the Board will go into, effect, and thereby create a threat to the
31 health, safety and welfare of the citizens of Little Rock; and
I WHEREAS, the Board deems it necessary to declare an emergency and to require that, fod 5 U
2 a limited time, not to exceed six (6) months from the date this ordinance is adopted, a proper building
3 permit is required to be in place before a grading permit will be issued.
4 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
5 THE CITY OF LITTLE ROCK, ARKANSAS:
6 SECTION 1. Little Rock, Ark., Rev. Code § 29 -186 (1988) is hereby amended to add the
7 following subsection:
8 (h) (1) Notwithstanding any other provisions in this Code, no grading permit
9 shall be issued unless a proper building permit is already in place and
10 has been approved by all necessary City departments, unless to meet
11 this requirement would impose a substantial hardship on the person(s)
12 seeking the grading permit;
13 (2) To establish a substantial hardship pursuant to this subsection, the
14 applicant shall demonstrate to the Little Rock Board of Zoning
15 Adjustment that it is not possible to obtain a building permit until the
16 grading permit has been issued and all grading completed, and that a
17 delay of six months in the issuance of a grading permit will inalterably
18 change the applicant's position and ability to develop the property.
19 SECTION 2. The Board of Adjustment shall not grant any variance to § 29- 186(h) until
20 there has been a full and complete hearing on the application for a variance. If the City Attorney does
21 not believe that such a hearing has been held, the Board of Directors shall be notified so it can decide
22 whether to appeal the grant of the variance to a court of proper jurisdiction.
23 SECTION 3. All notices and publications of proposed ordinances to impose more definite
24 requirements on tree protection and preservation, landscaping and the issuance of grading permits,
25 shall include a request that any person with suggestions for passage, rejection or amendment of the
26 provisions of the ordinances should present such suggestions in written form to the Little Rock
27 Planning Commission. The Board intends to give final consideration of any such ordinances within
28 six (6) months from the effective date of this ordinance.
29 SECTION 4. Severability. In the event any section, subsection, subdivision, paragraph,
30 subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be
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1 invalid or unconstitutional, such declaration or adjudication shall noofaffect the remaining portions
2 of this ordinance which shall remain in full force and effect as if the portion so declared or adjudged
3 invalid or unconstitutional was not originally a part of this ordinance-
4 SECTION 5. Emergency. It is hereby found and determined by the Board of Directors of
5 the City of Little Rock that a need exists to modify the current regulations on tree protection and
6 preservation, landscaping and the issuance of grading permits to prevent the needless destruction of
7 trees, which may lead to problems affecting the health, safety and welfare of the citizens of the City
8 of Little Rock. That while the City has been reviewing proposed new regulations, land has been
9 cleared, not in anticipation of imminent development but in anticipation of the new regulations; and
10 in order to assure that trees are not needlessly destroyed while the new regulations are studied, and
11 yet provide sufficient time for the City to make the transition to the new regulations, an emergency
12 is hereby declared to exist, and this Ordinance, being necessary for the preservation of the public
13 peace, health and safety, shall be in full force and effect from and after the date of its passage.
14 PASSED: March 28, 2000
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16 AT'Il'1FST: A1PEt �➢D
17 /iYrli�� J
18 Nancy Wood, City Clerk Jim . iley, Mayor
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20 AP OVE D AS TO LEGAL FORM:
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22 Thomas M. Carpenter, City !44torney
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