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ORDINANCE NO. 16,341
AN ORDINANCE AMENDING CHAPTERS 31 AND 36
OF THE CODE OF ORDINANCES OF THE CITY OF
LITTLE ROCK, ARKANSAS, PROVIDING FOR CERTAIN
DEFINITION MODIFICATIONS. PROCEDURAL
REVISIONS TECHNICAL REQUIREMENTS
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK, ARKANSAS.
Section 1. That Chapter 36 of the Code of Ordinances be
amended as follows:
Subsection a. That Chapter 36, Section 36 -3 be amended to
provide for modification of the definition "FAMILY CARE FACILITY"
and to then read as follows:
FAMILY CARE FACILITY:
Means a facility which provides resident service
in a family -like environment to six (6) or fewer
individuals and not more than two (2) staff
personnel. These individuals require a minimal
level of supervision and are provided service
and supervision in accordance with their
individual needs.
Subsection b. That Chapter 36, Section 36- 54(e)(2) be
modified for purposes of adding four new standards to be items "f
through i the deletion of the second sentence in Item e. and to
then read e. through i. as follows:
(2) Family care facility:
e. This use shall be permitted to run with
the title to the land and be transferable.
f. The number and spacing of existing similar
facilities in the neighborhood.
g. Existing zoning and land use patterns.
h. Area wide availability of facilities
providing like services.
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i. Provision for readily accessible public or
quasi - public transportation.
Subsection c. That Chapter 36, Section 36- 256(b)(2) be
restructured in its entirety and to then read as follows:
(2) Other uses. Accessory, home occupation,
temporary, special and conditional uses allowed
within the R -4 two - family district shall be the
same as those in the R -1, R -2 and R -3 single -
family districts...
Subsection d. That Chapter 36, Section 36- 257(b) be amended
to add a new use regulation category to be titled "(4) Special
Uses" and read as follows:
(4) Special uses. Special uses are as follows:
a. Same as in the R -1, R -2, R -3, R -4
districts.
Subsection e. That Chapter 36, Section 36- 258(b) be amended
to add a new use regulation category to be titled "(4) Special
Uses" and to read as follows:
(4) Special uses. Special uses are as follows:
a. Same as in the R -1, R -2, R -3, R -4
districts.
Subsection f. That Chapter 36, Section 36- 259(b)(1) be
amended to delete Item (b)(1) e. Family care facility.
Subsection a. That Chapter 36, Section 36- 259(b)(2) be
amended to provide for the inclusion of "Special Uses" and to then
read as follows:
(2) Accessory, temporary. special and conditional
uses. Accessory, temporary, special and
conditional uses allowed within the R -5 urban
residence district shall be the same as those
in the R -1, R -2, R -3, R -4, MF -6, MF -12, MP-18
and MF -24 districts.
Subsection h. That Chapter 36, Section 36- 279(b)(1) be
amended for purposes of adding a new permitted use "family care
facility" to be Item f and the serial restructuring of Items a
through p accordingly.
Subsection i. That Chapter 36, Section 36- 281(b)(1) be
amended for purposes of adding a new permitted use "family care
facility" to be Item 1 and the serial restructuring of Items a
through z accordingly.
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Subsection i. That Chapter 36, Section 36 -54 be amended to
provide for the inclusion of new development /review standards to be
titled.
(f) Development Standard and Review Standards and
to read as follows:
(f) Development /Review Standards:
Separation /spacing requirements for family care
facilities will be determined by the Planning
Commission so as not to adversely impact the
surrounding properties and neighborhood.
Issues that the Planning Commission will
consider during its review include:
(1) The total number of similar facilities and
their spacing within the neighborhood.
(2) Existing zoning and land use patterns
(3) Area wide availability of facilities
providing like services.
(4) Provision for readily accessible public or
quasi - public transportation.
Subsection k. That Chapter 36, Section 36 -3 be amended to
provide for the inclusion of a new definition, "Group Care
Facility ", and to read as follows:
GROUP CARE FACILITY means a facility providing
shelter, counseling and other rehabilitative
services to more than six (6) but fewer than sixteen
(16) residents and not more than three (3) staff or
supervisory personnel. The individuals require some
level of supervision or care, however, no medical or
nursing care shall take place on the site. The
facility shall be licensed and /or approved by the
State of Arkansas.
Subsection 1. That Chapter 36, Section 36 -107 be amended for
purposes of adding additional standards to be numbered (12) and to
read as follows:
(12) Separation /spacing requirements for group
care facilities or group homes will be
determined by the Planning Commission so as
not to adversely impact the surrounding
properties and neighborhood. issues that the
Planning Commission will consider during its
review of a group care facility include:
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A. Total number of similar facilities
located in the neighborhood.
B. Spacing of the existing similar
facilities.
C. Existing zoning and land use patterns
D. The number of individuals and type of
services being proposed.
E. The availability of facilities providing
like services.
F. Provisions for readily accessible public
or quasi- public transportation.
Subsection m. That Chapter 36, Section 36- 253(b)(4) be
amended for purposes of adding a new conditional use to be "Item f"
and read as follows:
(f) Group Care facilities
Subsection n. That Chapter 36, Section 36- 258(b)(3) be
amended for purposes of inclusion of a new conditional use to be
"Item (c)" and as follows:
(c) Group Care facilities
Subsection o. That Chapter 36, Section 36- 279(b)(1) be
amended for purposes of inclusion of a new permitted use "Group
Care facilities ", to be Item f and the serial restructuring of
Items a through p accordingly.
Subsection D. That Chapter 36, Section 36- 281(b)(1) be
amended for purposes of inclusion of a new permitted use "Group
Care facilities" to be Item m and the serial restructuring of Items
a through z accordingly.
Subsection a. That Chapter 36, Section 36- 299(c)(1) be
amended for purposes of inclusion of a new permitted use "Group
Care facilities" to be item u and the serial restructuring of items
a through tt accordingly.
Subsection r. That Chapter 36, Section 36- 301(c) be amended
for purposes of inclusion of a new permitted use "Group Care
facilities" to be Item 11 and the serial restructuring of Item a
through cccc.
Subsection s. That Chapter 36, Section 36 -2 be amended to
provide for modification of the definition "family" and to then
read as follows:
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Family means, in addition to customary domestic
servants either:
(1) An individual or two (2) or more persons
related by blood, marriage or adoption,
maintaining a common household in a dwelling
unit; or
(2) A group of not more than four (4) persons who
are not related by blood, marriage or adoption,
living together as a common household in a
dwelling unit.
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Subsection t. That Chapter 36, Section 36- 153(e) be amended
to provide for modification of the language in the first paragraph
and to then read as follows:
(e) Amortization of certain standards. For
purposes of Automobile Salvage yards and
similar uses which are nonconforming with
respect to the standards set forth in Section
36 -321, the following standards shall apply:
(1) All areas of land utilized in the storage,
processing, dismantling or transport of auto
bodies or similar vehicle bodies shall be
brought into compliance with the provisions of
Section 36 -321 within four (4) calendar years
beginning January 30, 1992.
(2) Once compliance has been gained with the
provisions of Section 36 -321 the boundaries of
the then occupied salvage or storage area shall
not be expanded to any existing owned land or
adjacent lands.
Subsection u. That Chapter 36, Section 36 -3 be amended to
provide for modification of the language in the definition "Office,
Showroom /Warehouse" and to then read as follows:
office, showroom /warehouse means a facility for
mixed use with the following characteristics:
(1) A showroom for display of product line which
does not include items for user purchase,
except within C -3 General Commercial District;
(2) A storage or warehouse facility which occupies
not more than sixty (60) percent of the gross
floor area of the structure(s);
(3) The principal office of the business;
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(4) Sales to contractors or other businesses
installing or delivering to consumer /user.
Subsection v. That Chapter 36, Section 36- 301(c)(1) be
amended to provide for modification of the language in Item see and
to then read as follows:
see. Office, Showroom /Warehouse (with retail sales,
enclosed)
Subsection w. That Chapter 36, Section 36 -5 be amended to
provide for expansion of the language in Item No. 7 and to then
read as follows:
(7) The words "building" and "structure" are
synonymous and include any part thereof, with
the exception of the following accessory
structures.
(a) Freestanding poles or pedestals for
recreational equipment, utilities,
lighting, or identification purposes.
(b) Fences
(c) Decorative walls or other landscaping
elements without structural design for
support of other site features.
(d) Playground equipment of any nature.
(e) Any asphalt, concrete, masonry or wood
surfacing such as a patio, deck or walk
that does not exceed one foot above the
existing natural grade of the yard at any
point.
(f) Swimming pools when constructed below
grade of the adjacent natural terrain.
,Subsection x. That Chapter 36, Section 36 -2 be amended to
provide for the inclusion of a new definition "Building" and to
read as follows:
Building means a constructed edifice designed to
stand more or less permanently, covering a space of
land, covered by a roof and enclosed by walls, and
serving as a shelter for the intended occupancy.
For purposes of this definition, all porches,
carports, patios or other similar attachments to a
building shall be deemed to be a part of the
building.
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Subsection V. That Chapter 36, Section 36- 256(b)(a) be
amended to provide for the inclusion of a new paragraph and to then
read as follows:
(2) Area
a. Every part of a required yard, except as
provided herein, shall be open from its lowest
point to the sky unobstructed, except for the
ordinary projection of sills, cornices,
buttresses, ornamental features, and eaves,
provided, however, that none of the above
projections shall project into a minimum side
yard more than thirty (30) inches. This shall
be deemed to include chimneys or similar
structural elements which are a permanent
feature of a building. The planning director
shall have specific authority to grant a
variance from this provision provided the
encroachment will not extend into a required
yard setback more than twenty -five (25) percent
of the ordinance requirement.
For purposes of construction of ramps or other
devices, within a required setback area,
enabling access for the disabled, the following
shall apply: Applications for building permits
shall be reviewed by the staff of the
department designated by the city manager.
This staff shall assure that proposed
construction meets standards set forth within
the traffic code and does not impact access or
visibility for adjoining property. This staff
shall in all instances assure compliance with
the Americans with Disabilities Act.
Subsection z. That Chapter 36, Section 36- 462(c) be amended
to eliminate the language in the last paragraph on page 2,382 which
now reads:
- - -If the applicant cannot adhere to the time period
approved, he /she may submit a written request for
extension from the Planning Commission. A maximum of two
(2) one -year extensions may be granted by the planning
commission which, upon demonstration of good cause, shall
not unnecessarily withhold approval. Additional
extension shall require approval of the board of
directors.
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,Subsection aa. That Chapter 36, Section 36- 130(a) be amended
to reduce and modify the language and to then read as follows:
(a) Zoning submission. The submission requirements
for the rezoning of any lot, parcel or tract of
land which includes site plan review shall be
the same as for any other zoning application to
the city. An applicant may submit a site plan
in support of the application, provided the
plan is submitted as required by Section 36 -130
of this ordinance. In the event a site plan is
approved in conjunction with the rezoning the
applicant /owner shall conform to the specifics
of that plan unless and until changes are
authorized by the Planning Commission with
notice given to adjacent property owners.
Subsection bb. That Chapter 36, Section 36 -2 be amended to
provide for the inclusion of a new definition "structural tie" read
as follows:
Structural tie means a physical connection between
buildings or structures whose design intent is to create
a single principal building or structure. Such
connections shall be limited to closed constructions that
are heated and /or cooled common to the structures tied.
Covered walks, patios and similar constructions attaching
buildings or structures are expressly exempted.
,Subsection cc. That Chapter 36, Section 36- 512(a) be amended
for purposes of modifying the language and to then read as follows:
(a) Except a provided herein, no portion of any lot,
tract or parcel of land zoned for residential usage,
including districts "R -1" through "R -7a" and 'IMF-611
through 'IMF-2411, shall be utilized for the parking
of commercial vehicles with a load carrying capacity
in excess of one (1) ton or greater.
Subsection dd. That Chapter 36, Section 36- 512(b) be amended
for purposes of modifying the language to expand item (2) and to
then read as follows:
(b) For the purposes of this section, the following
types of vehicles are expressly prohibited at
any time:
(1) All commercial tow vehicles or vehicle
carriers.
(2) Dump trucks, trash haulers, bulldozers and
other earth haulers or excavation equipment.
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(3) Flatbed or stake bed trucks.
(4) Trailers whose designed intent is storage or
transport of material or equipment.
(5) Trucks or buses used in inter- or intrastate
commerce.
(6) Vans, of one (1) ton or greater in load
carrying capacity.
(7) School or church buses or vans of one (1) ton
or greater in load - carrying capacity.
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Subsection ee. That Chapter 36, Section 36 -2 be amended for
purposes of adding a new definition "load carrying capacity" and to
read as follows:
Load carrying capacity means the total weight of all
cargo, mechanical equipment, housings or other
appurtenances; erected, mounted or otherwise affixed to a
vehicle above or outside of the primary vehicle frame or
chassis.
Subsection ff. That Chapter 36, Section 36- 253(b)(6) be
amended to provide for inclusion of an additional standard to be
number eleven (11) and to read as follows:
(11) Provide medical treatment, therapeutic massage or
similar activities.
Subsection aq. That Chapter 36, Section 36- 156(b)(2) be
amended for purposes of inclusion of a new paragraph to be Item d
the serial restructuring of Items a through f accordingly and to
read as follows:
(d) Accessory buildings or structures may be permitted
in the C -1 through C -4 districts which are used
exclusively as product or equipment storage shall
not be located closer than forty (40) feet to the
front property line or side street property line.
They shall not occupy more than thirty (30)
percent of the required rear yard setback, nor
shall they be located closer than six (6) feet to
a side property line. In no instance shall the
accessory building, floor area exceed that of the
principal building.
Subsection hh. That Chapter 36, Section 36 -126 be amended for
purposes of inclusion of a new paragraph to be "(d)" and to read as
follows:
(d) For purposes of development sites that are
nonconforming with the Landscape ordinance the
following apply: All such sites shall be
reviewed by the Planning Commission for a
determination as to the level of compliance
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appropriate. In those instances where physical
constraints or conflict with other regulations
restrict full compliance, emphasis shall be given
to the street sides of the property. In no
instance shall a redevelopment plan be approved
which permits continuance of full nonconformity.
Subsection ii. That Chapter 36, Section 36 -3 be amended for
purposes of adding the word "professional" to the definition
"office, general" and to then read as follows:
office, general or professional means a place for the
regular transaction of business, but not to include the
occupation by retail sales, transfer of manufactured
goods or storage of commodities.
Subsection ii. That Chapter 31, Section 31 -13(f) be amended
to provide for modification of time limit and to then read as
follows:
(f) Term of approval. Any applicant receiving
approval of a site plan shall be limited to a
maximum of thirty -six (36) months from the date of
approval to obtain all required permits. Failure
to perform will result in notice of termination
from city staff. The notice shall set a time and
place for revocation hearing by the planning
commission at which time the owner may request
continuance of his /her approval.
Subsection kk. That Chapter 36, Section 36 -132. be amended to
provide for the insertion of a new paragraph to be (d) and to read
as follows:
(d) Term of approval. Any applicant receiving
approval of a site plan shall be limited to a
maximum of thirty -six (36) months from the date of
approval to obtain all required permits. Failure
to perform will result in notice of termination
from city staff. The notice shall set a time and
place for revocation hearing by the planning
commission at which time the owner may request
continuance of his /her approval.
Subsection 11, That Chapter 36, Section 36- 108.(b) be
modified for purposes of removing the first sentence in its
entirety. The balance of 36- 108.(b) to remain.
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Subsection mm. That Chapter 36, Section 36 -108. be amended
for purposes of the insertion of a new paragraph to be (c) and to
read as follows:
(c) Conditions may include time limits for exercise of
authorization. However, the maximum allowable
time shall be limited to three years from the date
of approval. Required permits must be obtained
within the allotted period. Failure to obtain
permits will result in notice of termination from
city staff. The notice shall set a time and place
for revocation hearing by the planning commission
at which time the owner may request continuance of
his or her approval.
Subsection nn. That Chapter 31, Section 31- 281.(a)(2) be
modified to provide for entirely new language and then to read as
follows:
(2) For commercial /office plats all improvements on
all streets abutting the plat phase shall be
constructed with or assured for that phase.
Improvements may be deferred, waived or assigned
to another phase after review and approval by the
Little Rock City Board of Directors.
Subsection oo. That Chapter 31, Section 31 -2 be amended to
provide for modification of language in the definition of
subdivision then read as follows:
Subdivision means all divisions of a tract or parcel or land
into one (1) or more lots, building sites or other divisions
for the purpose, whether immediate or future, for sale or
building development, and shall include all divisions of land
involving the need for new access, a new street or a change in
existing streets; provided, however, that the following shall
not be included within this definition nor be subject to the
subdivision rules and regulations of this municipality:
(1) The combination or recombination of previously
platted lots where the total number of lots is not
increased and the resultant lots are equal to or
exceed the standards or ordinance of the
municipality.
(2) The division of land into parcels greater than five
(5) acres provided each newly created lot or parcel
has minimum lot frontage on legal and physical
access.
(3) The public acquisition by purchase or dedication
of parcels of land for the widening or opening of
streets or other public improvements.
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Subsection DD. That Chapter 31, Section 31 -5 be amended to
provide for the deletion of paragraph (c)(2) and the serial
restructuring of the number Items 1 through 4.
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Subsection aa. That Chapter 31, Section 31 -91 be amended to
delete certain language within the first certificate titled
"Certificate of Preliminary Surveying Accuracy" and to then read as
follows:
CERTIFICATE OF PRELIMINARY SURVEYING ACCURACY
I, , hereby certify that this plat
correctly represents a boundary survey made or verified by me that
all surveying requirements of the State of Arkansas and City of
Little Rock Subdivision Rules and Regulations have been complied
with and filed for record as required.
Date of Execution
Name
Registered Professional
Land Surveyor
No.
Arkansas
Subsection rr. That Chapter 31, Section 31- 378(b)(c) to
provide for modification of language and to then read as follows:
(b) Horizontal positions for all subdivision boundary corners
shall be determined to an accuracy standard equal to
Urban Type A classification as defined by the Arkansas
Minimum Standards for Property Boundary Surveys and
Plats. All field techniques and procedures shall be
compatible with the equipment utilized to insure that a
true Urban Type A accuracy level is achieved.
(c) A minimum of two (2) subdivision boundary corners shall
be tied into a PAGIS geodetic control monument by closed
traverse. The two (2) corners shall be intervisible with
each other. Position and reference information shall be
provided on a standard Control Data Form for each corner
and submitted with the final plat. Forms may be obtained
from the Public Works Department. These monuments will
be included in the PAGIS geodetic control network if,
after their review by the Engineering Staff, they are
determined to be suitable for inclusion into the network.
Subsection ss. That Chapter 31, Section 31- 380.(a) be amended
to provide for modification of language and to then read as
follows:
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(a) Two PAGIS monuments
subdivision as show,
These monuments may
shall be of similar
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shall be set per phase of the
7 on the approved preliminary plat .
be cast in place or prefabricated and
construction described as follows:
1. Six -inch diameter steel reinforced concrete post set
flush with the ground.
2. Monument shall be a minimum of thirty (30) inches in
depth.
3. Steel reinforcement shall consist of two (2) 34 inch long
1/2 inch diameter steel bars. Bars shall be driven a
minimum of 6 inches into undisturbed soil.
4. A brass or aluminum survey cap, a minimum of 2 inches in
diameter, shall be cast or grouted into the top of the
concrete post.
The following information shall be stamped into the
survey cap:
a) A stamped "X" or 11.11 to mark the precise location of
point being monumented.
b) Registration No. of the Surveyor in charge.
c) Monument number as assigned by Public Works
Engineering Staff.
Subsection tt. That Chapter 31, Section 31- 117.(a) be amended
to provide for new language and read as follows:
(a) Submissions for certification of final plat approval
shall consist of the document in two (2) transparent
originals (one (1) shall be a mylar), plus fifteen (15)
copies showing all certificates as specified in section
31 -118, with the certificate of owner, certificate of
engineering accuracy and certificate of surveying
accuracy being executed. A IBM compatible diskette with
the data in CAD compatible .DXF format containing the
State Plan Coordinates for all corners and street
centerline data as shown on the final plat. This
requirement will become effective June 1, 1993. The
final plat shall be clearly and legibly drawn in black
ink on suitable tracing material at the same scale and
dimensions used for the approved preliminary plat. Upon
approval and execution of the certificate of final plat
approval, the owner's representative will file the plat
for record at the circuit clerk's office and return a
certified mylar to the city within two (2) working days,
unless mutually agreed to by the owner's agent and city
representative.
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Subsection uu. That Chapter 31, Section 31 -13. be amended to
provide for insertion of a new paragraph to be 11(g)" and to read as
follows:
(g) Screening and landscaping. In order to enhance the
integrity and attractiveness of the development, and when
deemed necessary to protect adjacent properties, the
planning commission shall require landscaping and
screening as a part of a site plan review. The nature
and extent of screening and landscaping required shall be
determined by the planning commission in relation to the
overall character of the development and its specific
location. In no instance, however, shall landscaping
materials and placement be less than that required by
chapter 15, article IV. This shall especially apply to
circumstances where a change to a more intense use is
proposed and there are existing buildings and
improvements.
Subsection vv. That Chapter 36, Section 36 -128. be amended to
provide for insertion of a new paragraph to be "(d)" and to read as
follows:
(d) Screening and landscaping. in order to enhance the
integrity and attractiveness of the development, and when
deemed necessary to protect adjacent properties, the
planning commission shall require landscaping and
screening as a part of a site plan review. The nature
and extent of screening and landscaping required shall be
determined by the planning commission in relation to the
overall character of the development and its specific
location. In no instance, however, shall landscaping
materials and placement be less than that required by
chapter 15, article IV. This shall especially apply to
circumstances where a change to a more intense use is
proposed and there are existing buildings and
improvements.
Subsection ww. That Chapter 31, Section 31 -209. be amended to
provide for a text correction in design standards for residential
street. The line correcting 29 to 27 to read as follows:
MINIMUM STREET WIDTH AS REQUIRED BY MASTER
(BACK TO BACK OF CURB) STREET PLAN
(IN FEET)
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Section 2. That this ordinance shall become effective thirty
(30) days from and after its passage.
PASSED: January 19, 1993
ATTEST:
Qg�t�.mA/�t1C1�+
City Clerk Robbie Hancock
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APPROVED:
zl�t
Ma o Jim Dailey