HomeMy WebLinkAbout18360I I ZDINANCE NO. 18,360
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3 AN ORDINANCE AMENDING CHAPTER 36 OF LITTLE ROCK,
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4 ARK. REV. CODE (1988), PROVIDING FOR THE
5 ESTABLISHMENT OF NEW REGULATIONS PERTAINING TO
6 BUFFERS; FOR THE DELETION OF CURRENT STANDARDS IN
7 CONFLICT; AND FOR OTHER PURPOSES.
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9 WHEREAS, the appearance of the City is enhanced when visual screening
10 between dissimilar uses and public rights -of -way is provided in development, and
11 WHEREAS, the buffering of conflicting land uses encourages quality
12 development and creates more liveable spaces, and
13 WHEREAS, adequate open space promotes the health, safety and welfare of the
14 general public, and
15 WHEREAS, a citizen task force composed of interested persons has met for more
16 than two years in an effort to review current City provisions for buffers and screening,
17 and
18 WHEREAS, the task force, representatives of the real estate development
19 community and staff have agreed upon and drafted new provisions for buffers and
20 screening, and
21 WHEREAS, the revised buffers and screening requirements have been
22 unanimously approved by the Little Rock Planning Commission and the Board of
23 Directors desires to adopt the new provisions set forth below for the health, safety and
24 welfare of the City.
25 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
26 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
27 SECTION 1. ARTICLE IX of Chapter 36 of Little Rock, Ark. Rev. Code
28 (1988), entitled "Buffers and Screening" is deleted in its entirety and replaced with the
29 following new provisions:
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I ARTIC ,E IX. BUFFERS AND SCRE. ZING
2 Sec. 36 -520. Purpose and intent. 915
3 (a) This article is designed to provide for the establishment of minimum livability,
4 green open space and maximum required visual screening between dissimilar uses and
5 public thoroughfares. Further, it is intended to promote the safety and welfare of the
6 general public. This article establishes standards for the placement, retention or
7 replacement of areas designated as foliage, including trees, shrubs, grasses and other
8 ground covers, together with fences or man -made structures appropriate for a land use
9 and its activity areas.
10 (b) Specifically, the purposes of this article are to encourage:
11 (1) Superior development and redevelopment through introduction of
12 enhanced design criteria.
13 (2) Provision of more effective landscaping and buffering of
14 nonresidential uses.
15 (3) Minimum disruption of neighborhoods through introduction of
16 visual and physical barriers.
17 (4) Better utilization of sites with physical or geographic constraints or
18 special features.
19 (5) Preservation of large trees and other natural vegetation.
20 Sec. 36 -521. General provisions.
21 (a) The provisions of this article are intended to be harmonious, compatible and
22 supportive of those included within the landscape, land alteration and stormwater
23 management ordinances of the city. All plans for the provision of required buffer areas
24 shall incorporate the design standards set forth within these several ordinances.
25 (b) These regulations are not intended to be additive in any respect, but shall
26 overlay the area specified by the landscape, stormwater management and land alteration
27 ordinances.
28 (c) The areas designated on a plan for buffers shall be designed and developed
29 utilizing the following elements:
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1 1 Plantings, trees 916
() g , ground cover and ornamental or structural
2 embellishments as may be required by the landscape ordinance.
3 (2) Stormwater detention areas, floodways, major drainage easements
4 and hillside buffers, as defined in the stormwater management
5 ordinance, so long as these areas are not hard - surfaced.
6 (3) Utility easements for service to the designated facility through
7 placement of a seven and one -half (7 '/2) foot easement parallel and
8 adjacent to property lines. In addition, buildings on the site may be
9 served by utility service lines and easements from the rear as
10 specifically and absolutely necessary at a maximum of seven and
11 one -half (7 ' /z) feet in width for each easement.
12 (3) Surfacing materials that are impervious to the passage of water shall be
13 prohibited except as may be authorized by the landscape ordinance.
14 (4) All applications submitted for planning commission review as a
15 conditional use permit planned development or site plan review
16 process shall submit a general plan for treatment of the areas
17 required as buffers. This plan may be general with respect to variety
18 and quantity of trees or shrubs but shall include a sketch grading
19 plan.
20 (d) These provisions shall extend to include the development or redevelopment
21 of all properties currently classified as multifamily, office, commercial or industrial.
22 (e) The right -of -way of any dedicated public thoroughfare or private street
23 authorized by the planning commission shall not be used in computing the depth or area
24 of any buffer.
25 Sec. 36 -522. Buffers required.
26 (a) This section is designed to provide standards for buffers in multifamily, office,
27 commercial and industrial zones while specifically omitting requirements for buffers or
28 screening by single family or duplex uses.
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(1) Single family or duplex uses shall not be required buffering or
screening.
(2) The city official may grant not more than a twenty -five (25) percent
reduction of the buffer requirements of this chapter within
developments in areas designated mature in chapter 15 of this code.
(3) Street buffers shall be a minimum of thirty (30) feet in width when
the abutting an expressway except within mature areas.
(4) A map of matured areas is available at the Department of Planning
and Development.
(b) The following shall constitute the standards for provision of buffers:
(1) Multifamily uses These uses shall provide land use buffers only
where abutting single family and duplex use or zoning. Street
buffers shall be required in all instances.
a. Land Use Buffer. All sites developed, modified or
enlarged shall provide a land use buffer(s) as follows:
1. Side property lines at six (6 %) percent of
the average width of the lot on both
sides;
2. Rear property lines at six (6 %) percent of
the average depth of the lot;
3. The minimum dimension shall be nine
(9) feet in all instances;
4. The maximum dimension required shall
be fifty (50) feet in all instances.
b. Street Buffer. All sites developed, modified or
enlarged shall provide street buffers as follows:
1. All street property lines at six (6 %)
percent of the average depth of the lot;
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(2)
2. Street buffers shall not be required for
alley frontage;
3. The minimum dimension shall be one -
half (' /i) the full width requirement but
in no case less than nine (9) feet.
4. The maximum dimension required shall
be fifty (50) feet.
Office uses. These uses shall provide land use buffers only where
abutting multifamily, duplex or single family usage or zoning. Street
buffers shall be required in all instances.
a. Land Use Buffer. All sites developed, modified or
enlarged shall provide a land use buffer(s) as follows:
1. Side property lines at six percent (6 %) of
the average width of the lot on both
sides;
2. Rear Property lines at six percent (6 %)
of the average depth of the lot;
3. The minimum dimension shall be nine
(9) feet in all instances;
4. The maximum dimension required shall
be fifty (50) feet in all instances.
b. Street Buffer. All sites developed, modified or
enlarged shall provide street buffers as follows:
1. All street property lines at six percent
(6 %) of the average depth of the lot;
2. Street buffers shall not be required for
alley frontage;
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3. The minimum dimension shall be one- 919
half ('/2) the full width requirement but
in no case less than nine (9) feet.
4. The maximum dimension required shall
be fifty (50) feet in all instances.
(3) Commercial uses These uses shall provide buffers where abutting any use
or zoning except office, commercial or industrial. Street buffers shall be
required in all instances.
a. Land Use Buffer. All sites developed, modified or
enlarged shall provide a land use buffer(s) as follows:
1. Side property lines at six percent (6 %) of
the average width of the lot on both
sides;
2. Rear Property lines at six percent (6) of
the average depth of the lot;
3. The minimum dimension shall be nine
(9) feet in all instances;
4. The maximum dimension required shall
be fifty (50) feet in all instances.
b. Street Buffer. All sites developed, modified or
enlarged shall provide street buffers as follows:
1. All street property lines at six percent (6)
of the average depth of the lot;
2. Street buffers shall not be required for
alley frontage;
3. The minimum dimension shall be one-
half ('/2) the full width requirement but
in no case less than nine (9) feet.
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(4)
4. The maximum dimension required shall
be fifty (50) feet.
Industrial uses. These uses shall provide land use buffers where
abutting any use or zoning except industrial. Street buffers shall be
required in all instances.
a. Land Use Buffer. All sites developed, modified or
enlarged shall provide a land use buffer(s) as follows:
1. Side property lines at six percent (6) of
the average width of the lot on both
sides;
2. Rear Property lines at six percent (6 %)
of the average depth of the lot;
3. The minimum dimension shall be nine
(9) feet in all instances;
4. The maximum dimension required shall
be fifty (50) feet in all instances.
b. Street Buffer. All sites developed; modified or
enlarged shall provide street buffers as follows:
1. All street property lines at six percent
(6 %) of the average depth of the lot;
2. Street buffers shall not be required for
alley frontage;
3. The minimum dimension shall be one -
half ('/2) the full wide requirement but in
no case less than nine (9) feet.
4. The maximum dimension required shall
be fifty (50) feet.
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I Sec. 36 -523. Screening required. 921
2 (a) As a component of all land use buffer requirements, opaque screening,
3 whether a fence or other devices, a minimum of six (6) feet in height shall be required
4 to be placed upon the property line side of a buffer.
5 (b) Where practical and the terrain permits, the required screening shall extend
6 the full length of a property where any outside activity is located for a distance of ten
7 (10) feet on either side of such activity.
8 (c) The activities to be screened include, but are not limited to, parking lots,
9 drives, sanitation areas, commercial static display of merchandise, loading docks, utility
10 service facilities and heating and air conditioning equipment.
11 (d) Dumpsters or trash containment areas shall be screened and the screen shall
12 exceed the height of the dumpster or trash containment area by at least two (2) feet not
13 to exceed eight (8) feet total height. This requirement may be modified as to location
14 within the buffer when a circumstance unique to a site indicates that the screening will
15 not serve its intended purpose and may, in some fashion, be inappropriate.
16 (e) The city official shall review all requests for modification of location and make
17 a determination of appropriateness. The city official shall not have authority to waive
18 a requirement in its entirety.
19 Sec. 36 -524. Exceptions and modifications.
20 The provisions of this article may be modified and trade -offs permitted with
21 respect to dimension or location within a property boundary. Permitted forms of
22 modification are identified within the Landscape Ordinance and as follows:
23 (1) For purposes of application of this article, no buffer or screening
24 requirement located on an adjacent property may be utilized as a
25 portion of a required buffer, nor allowed to be used in a trade off or
26 modification of a standard.
27 (2) Lots or tracts of land unique or unusual in shape, location or access
28 may be permitted to reduce the land use buffers set forth in this
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article to dimensions not less than the required building setback
lines from side and rear property lines.
(3) The redevelopment of a site utilizing all or parts of an existing
building(s) shall not be required to provide land use or street buffers
except as follows:
a. When the orientation of the building changes to face
another lot line or street frontage.
b. When new loading docks or building openings are
proposed.
C. When outside storage of trash, materials, equipment
or products are introduced to the site at new locations.
d. When new parking, drives or access to the site is
proposed.
In these instances, the buffer standards shall apply to the affected lot
line only.
(4) For purposes of lots containing nonconforming building(s)
setback(s), the owner /developer may delete from the required buffer
area that area in conflict with the existing building.
(5) Lots or tracts of land abutting the right of way of a railroad zoned
for residential use and held by title separate from, all abutting lands
shall not be required to provide land use buffers along the common
property line.
(6) In those instances where a developer proposes to erect a solid wall
of face brick or other approved finish on a lot side or rear property
line requiring a buffer, the buffer may be reduced when each of the
following are applied:
a. Not less than the required building setback line
established by the zoning ordinance.
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b. All surface area between the proposed wall and the
property line be landscaped as provided within the
Landscape - Ordinance.
C. The wall to have no openings, doors or signage except
as may be required by the Building Code or Fire
Department as a safety device.
d. The wall shall not exceed twenty -six (26) feet in height
including the parapet or other roof line structure.
e. The elevator penthouse and HVAC systems to meet
the original buffer dimension, whether roof or
building mounted.
(7) In those instances where a development site abuts a public park or
other permanent public open space and where at least one hundred
(100) feet of undisturbed natural foliage exists along the common
lot: line, a buffer requirement along the common property line may
be reduced to the minimum landscaping and screening required by
the landscape ordinance. Activity areas on the development site
along the common line shall be screened as provided in section
36 -523 of this ordinance.
(8) Up to twenty -five percent (25 %) of a required land use buffer can be
moved from one property line to another for purposes of improving
visual esthetics or for other appropriate environmental or design
concerns. This shall be permitted only when used in concert with
trade -offs in the landscape ordinance.
(9) For purposes of trade -off, an irregular land area may be substituted
for the required parallel street buffer, when the designed intent is to
preserve existing trees, foliage or land features. In all instances, the
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total required land area within the street buffer shall remain the
same.
(10) For purposes of this section, the city official shall have the authority
to interpret the language and specifics of application of the several
exceptions. Appeals of the decisions of the city official shall be filed
with the Board of Adjustment.
Sec. 36 -525. Permanency of buffer area.
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It shall be the responsibility of the landowner to maintain all designated buffer
areas in the manner established by the approved plan.
Sec. 36 -526. Variance.
Requests for a variance from the standards of this article may be filed with the
Board of Adjustment. The basis for relief and the procedure for filing shall be same as
that established for zoning district variances.
SECTION 2. Severability. In the event any portion of this ordinance is declared
or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not
affect the remaining portions of the ordinance, which shall remain in full force and effect
as if the portion so declared or adjudged invalid or unconstitutional was not originally
a part of this ordinance.
SECTION 3. Repealer. All laws, ordinances and regulations and parts thereof
in conflict with this ordinance are hereby repealed to the extent of such inconsistency.
SECTION 4. Emergency Clause. The ability to limit, to a reasonable extent,
the number oftrees destroyed orremoved as a result ofdevelopment and redevelopment
within the City is essential to the public health, safety and welfare. The protection of
foliage and open space has been demonstrated to increase the overall quality of life
within the community, and to reduce aspects of urban stress such as crime and
temperature. If this ordinance is not immediately effective, a temporary moratorium on
tree removal will expire on September 28, 2000, and the result will be over three weeks
where no meaningful regulations to protect trees and foliage are in place. An emergency
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is, therefore, declared to exist and this ordinance shall be in full force and effect from
and after the date ofits passage.
PASSED: September 26, 2000
ATTEST: APAROVED:I/l _
Nancy Wood, jZity Clerk MuMailey, Mayor
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, CityJAttomey
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