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21017 1 ORDINANCE NO. 21,017 2 3 AN ORDINANCE TO AMEND CHAPTER 36 OF THE CODE OF 4 ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, TO 5 PROVIDE FOR THE MODIFICATION OF VARIOUS PROCEDURES, 6 DEFINITIONS, LAND USE REGULATIONS; AND FOR OTHER PURPOSES. 7 8 WHEREAS, it has been determined by the Little Rock Planning Commission that a regular review of this 9 Chapter is appropriate; and 10 WHEREAS, the Planning Commission has determined that several modifications are appropriate at this 11 time; and 12 WHEREAS, at its February 26, 2015, meeting, the Planning Commission voted to recommend approval 13 of these proposed amendments; 14 NOW, THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF 15 LITTLE ROCK,ARKANSAS: 16 SECTION 1. That various provisions of Chapter 36 of the Code of Ordinances of the City of Little Rock, 17 Arkansas,be amended as follows: 18 Subsection (a). That Chapter 36, Section 36-523.(d), be amended to provide for the addition of 19 new text and to then read as follows: 20 Section 36-523. Screening required. 21 (d) Dumpsters,trash containment areas and dumpster-type recycling containers shall 22 be screened and the screen shall exceed the height of the dumpster or trash containment 23 area by at least two(2)feet not to exceed eight(8)feet total height. This requirement may 24 be modified as to location within the buffer when a circumstance unique to a site indicates 25 that the screening will not serve its intended purpose and may, in some fashion, be 26 inappropriate. 27 Subsection (b). That Chapter 36, Section 36-342.1 (d)(1), be deleted in its entirety and 28 replaced with new text to read as follows: 29 (1) Permitted uses. Unless otherwise indicated, uses permitted shall include all those 30 allowed in the residential districts, office districts and commercial districts as "permitted 31 uses" in this chapter and those uses and activities specified in Arkansas Code Title 14, 32 Chapter 144,Research Park Authority Act. 33 All uses must be inside or enclosed except as specified below: [Page 1 of 3] 1 (a) Eating places, bars and lounges shall be permitted to have an area of outdoor 2 seating subject to compliance with the following provisions: 3 1. The area of outdoor seating shall not be located in the public right-of-way, nor 4 shall it obstruct pedestrian movement, fire lanes, access to any business or areas 5 . designated for access by the physically impaired. 6 2. The number of seats in the area of outdoor seating shall not exceed 50% of the 7 number of seats within the eating place,bar or lounge. 8 3. Compliance with applicable state and county regulations. 9 4. The area of outdoor seating shall not be located between the building occupied by 10 the eating place and adjacent residentially zoned properties. 11 5. This subsection shall not be deemed to permit signage or structural alterations 12 such as canopies or walls regulated elsewhere in this chapter. 13 (b) Roof-top outdoor seating, bars or lounges and recreation areas ancillary to a 14 permitted use within the building. 15 (c) Swimming pools and recreation areas that are ancillary to a permitted hotel,motel 16 or residential use. 17 (d) Mobile canteen units when operated in compliance with current planning and 18 development regulations for such vehicles. 19 Subsection (c). That Chapter 36, Section 36-2, be amended to provide for the addition of new 20 text to the current definition of"primary streets"and to then read as follows: 21 Primary streets means Capitol Avenue, Broadway Street, Byrd Street, Center Street, Chester 22 Street, Commerce Street, Cross Street, Cumberland Street, Louisiana Street, Main Street, 23 Markham Street, 9"' Street, President Clinton Avenue, River Market Avenue, Scott Street, 7th 24 Street(west of Center Street), Spring Street and State Street. 25 Subsection (d). That Chapter 36, Section 36-353 (c)(2),be amended to provide for the deletion of 26 the word"primary"and to then read as follows: 27 (2) Appearance. Signs shall not exceed 1/2 of a square-foot of sign area for each 28 linear-foot of street building frontage,not exceeding twenty-five(25)square-feet per sign. 29 Subsection (e). That Chapter 36, Section 36-353 (e)(1)(d), be amended to provide for the deletion 30 of the word"primary"and to then read as follows: 31 d. The number of projecting signs shall be limited to one(1) sign per 100 feet 32 of street frontage per building. 33 Subsection (f). That Chapter 36, Section 36-356 (d)(1), be deleted in its entirety and replaced 34 with new text to read as follows: [Page 2 of 3] 1 (1) Height regulations. No building hereafter erected or structurally altered shall 2 exceed a height of sixty(60) feet. Building height shall be defined, for the purpose of the 3 River Market Design Overlay District, as the vertical distance from the highest point of 4 the centerline of abutting private and public street frontages to the highest point of the roof 5 or parapet wall. All structural embellishments as defined by Sec. 36-2 Definitions shall be 6 reviewed by the River Market Design Review Committee for compliance. 7 Subsection (g). That Chapter 36, Section 36-358 (a)(3), be amended to provide for replacing 8 "Commerce Street"with "River Market Avenue"and to then read as follows: 9 (3) River Market Avenue from President Clinton Avenue to Second Street shall 10 be Acer X Freemanii"Jeffersred, autumn blaze maple trees. 11 Subsection (h). That Chapter 36, Section 36-362 (a)(2), be amended to provide for the replacing 12 "Commerce Street"with"River Market Avenue" and to then read as follows: 13 (2) Existing curb cuts on President Clinton Avenue, River Market Avenue, 14 Sherman and Rock Streets shall be removed or minimized to reduce conflict with 15 pedestrian traffic. 16 Subsection (i). That Chapter 36, Section 36-365 (a), be amended to provide for replacing 17 "Commerce Street"with"River Market Avenue"and to then read as follows: 18 (a) Corridors. New construction shall be designed to preserve all view corridors 19 including the President Clinton Avenue corridor and the River Market Avenue corridor. 20 SECTION 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 21 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 22 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect . 23 as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. 24 SECTION 3. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with 25 the provisions of this ordinance are hereby repealed to the extent of such inconsistency. 26 PASSED: April 7,2015 27 A APPROVED: : 30 L. t 4 1 / 30 Sus ' i . y,City Clerk Mark Stodola,Mayor 31 AP' ' I'+1_ 1 AS TO LEGAL FORM: 32 33 klArkt 17 i'lit- r, 34 Thomas M. Carpenter,City Attor/y [Page 3 of 3]