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16341M = = r r� r r� r r r r r r■ U 13 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. C 4,Q .r -L 14 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. 2 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: 3 M M M M M M M M M M M M w • 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: 2 16 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. 17 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; 5 M 18 (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. 5 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. 20 ,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. 0 9 M M M (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. 21 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 9 • • zz 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. 10 23 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. 11 • 0 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. M 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: 12 24 (a) Two PAGIS monuments subdivision as show, These monuments may shall be of similar 25 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. 13 = = = = M • • 26 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) 14 66 60 36 27 24 M 27 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 15 APPROVED: zl�t Ma o Jim Dailey