114181 RESOLUTION NO. 11,418
2
3 A RESOLUTION ADOPTING A NINETY (90) DAY MORATORIUM ON
4 THE INSTALLATION AND USE AS AN ACCESSORY BUILDING ANY
5 STRUCTURE WHICH WAS MANUFACTURED OFF -SITE FOR ANY
6 PURPOSE OTHER THAN FOR STORAGE; AND FOR OTHER
7 PURPOSES.
8
9 WHEREAS, the City's zoning ordinance allows the placement and use of accessory
10 buildings on residential lots where homes are located, and
11 WHEREAS, the City has received complaints that certain types of structures,
12 including mobile homes, cabooses and other structures which were constructed off -site for
13 purposes other than storage, have been placed on residential lots as accessory buildings,
14 and
15 WHEREAS, the placement on residential lots of structures manufactured off -site for
16 non - storage purposes is contrary to the purposes and intent of the zoning regulations
17 concerning accessory buildings, and
18 WHEREAS, the current zoning ordinance definition of "accessory building or use'
19 does not adequately address this situation and has allowed the placement on residential
20 lots of structures contrary to the spirit and intent of the zoning ordinance protecting
21 residential neighborhoods, and
22 WHEREAS, it is necessary for the health, safety and welfare of the citizens of the
23 City that a moratorium be placed on the above - described activity for a sufficient period of
24 time that the Little Rock Board of Directors, upon recommendation of the Planning
25 Commission, enact regulations that are fair and reasonable after public hearing and debate.
26 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
27 THE CITY OF LITTLE ROCK, ARKANSAS:
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Resolution
Moratorium- Accessory Buildings
1 Section 1. There have been situations recently where homeowners in residential
2 neighborhoods have moved manufactured or mobile homes, cabooses and other structures
3 onto their lots for the purposes of using them as an accessory building. While the zoning
4 ordinance allows accessory structures to be placed on residential lots under certain
5 conditions, the ordinance does not adequately address the negative impact caused by the
6 placement and use of structures designed and constructed off -site for purposes other than
7 for storage.
8 Section 2. The practice of using such structures that were not designed and
9 constructed for storage as accessory buildings defeats the purpose and intent of the zoning
10 ordinance and should be prohibited. Nevertheless, the situation is complicated by the fact
11 that there may be many structures that could be used as accessory buildings of which the
12 City is not aware. Consequently, City staff needs a sufficient amount of time to study the
13 issue and present its report to the Little Rock Planning Commission, and for the
14 Commission to recommend to the Little Rock Board of Directors an ordinance that would
15 more adequately regulate the kinds of structures that are available for accessory buildings
16 in residential areas.
17 Section 3. The Board finds that ninety (90) days should be a sufficient amount of
18 time to study and adopt the regulations consistent with the findings herein.
19 Section 4. The Little Rock Board of Directors hereby adopts a ninety day
20 moratorium to expire at midnight on March 17, 2003, on the placement and use on
21 residential lots as an accessory building any structure which was manufactured off -site for
22 an original purpose other than storage.
23 Section 5. During this ninety (90) day period City staff is directed not to issue any
24 building or other permits for the placement and use on residential lots as an accessory
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Resolution
Moratorium - Accessory Buildings
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1 building any structure which was manufactured off -site for an original purpose other than
2 storage.
3 Section 6. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
4 inconsistent with the provisions of this resolution, are hereby repealed to the extent of such
5 inconsistency.
6 Section 7. Severability. In the event any title, section, paragraph, item, sentence,
7 clause, phrase, or word of this resolution is declared or adjudged to be invalid or
8 unconstitutional, such declaration or adjudication shall not affect the remaining portions of
9 the resolution which shall remain in full force and effect as if the portion so declared or
10 adjudged invalid or unconstitutional was not originally a part of this resolution.
11 ADOPTED: DECEMBER 17, 2002
12
13 ATTEST:
APPROVED:
14
15 Z& � 4zzl -
16 Nancy ood City Clerk Jim ailey, Mayor
17
18 APPROVED AS TO LEGAL FORM:
19 e/
20 / j� ¢1�&21 Thomas M. Carpenter, City Atto
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Resolution
Moratorium- Accessory Buildings