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18324• 732 NO, 18,324 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR MODIFICATION OF VARIOUS PROCEDURES, DEFINITIONS, LAND USE REGULATIONS AND FOR OTHER PURPOSES. WHEREAS, it has been determined by the Little Rock Planning Commission that an annual review of this chapter is appropriate; and WHEREAS, the Planning Commission has determined several modifications are appropriate at this time. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That various provisions of Chapter 36. be amended as follows: Subsection (a). That Chapter 36., Section 36 -11. be amended to provide for the inclusion of a new paragraph to be 36- 11.(f) and to read as follows: (f) No building or structure as defined in this chapter shall be erected, converted, reconstructed or structurally altered that encroaches on, over or into any easement. This includes drainage, utility, access or use easements within the boundary of any lot of record, platted or otherwise established. For purposes of fence placement within easements, fences shall not be construed to be a building or structure. Subsection (b). That Chapter 36., Section 36 -521. be amended to provide for insertion of a new paragraph to be 36- 521.(c)(6) and to read as follows: (c) A minimum of seventy (70) percent of a land use buffer must be maintained in a natural state unless a variance is specifically requested in i 0 conjunction with a planned zoning district, zoning site plan or conditional use permit. Subsection (c). That Chapter 36., Section 36 -2. be amended to provide for the insertion of a new definition to read as follows: Natural state is the condition of a land area which is intended to remain undisturbed including topography, trees and vegetation. Enhancements such as landscaping, replacement of underbrush and other treatments may be made if approved as part of a site development plan. Subsection (d). That Chapter 36., Section 36- 299.(c)(1). be amended to provide for the insertion of a new permitted use, to be item q., and the serial restructuring of items q. through uu. accordingly. (q) Eating place inside Subsection (e). That Chapter 36., Section 36 -3. be amended to provide for the insertion of a new definition to read as follows: Eating place inside means an establishment where food is available to the general public for consumption within a building on the premises. The design of the building shall not include provision for the sale of foods by the use of a drive thru window, nor the consumption of foods by customers within vehicles parked on site. Subsection (f). That Chapter 36., Section 36- 299.(c)(2). be amended to delete item j. conditional use listing "eating place, without drive -in service ", and to serially restructure items a. through u. accordingly. Subsection (g). That Chapter 36., Section 36 -3. be amended to provide for the insertion of a new definition to read as follows: Day care center, adult means any facility conducted under public or private auspices on a profit or nonprofit basis providing a planned care program giving direct care and protection for adults which requires licensing by the state. This use is limited to the numbers of adults and 2 ( J V • • 734 hours per day set forth within state licensing guidelines. Subsection (h). That Chapter 36., Sections 36- 254.(b)(2); 36- 255.(b)(2).; 36- 256.(b)(2) be amended to provide for the insertion of "day care center, adult" as an additional conditional use. Subsection (i). That Chapter 36., Section 36- 279.(b)(1) be amended to provide for the insertion of a new permitted use, to be item e. and the serial restructuring of e. through g. accordingly. The use to read: (e) Day care center, adult Subsection (j). That Chapter 36., Section 36- 280.(c)(1) be amended to provide for the insertion of a new permitted use, to be item k. and the serial restructuring of k. through bb. accordingly. The use to read: (k) Day care center, adult Subsection (k). That Chapter 36., Section 36- 281.(b)(1) be amended to provide for the insertion of a new permitted use, to be item i., and the serial restructing of items i. through bb. accordingly. The use to read: (i) Day care center, adult Subsection (1). That Chapter 36., Section 36- 299.(c)(1) be amended to provide for the insertion of a new permitted use, to be item o., and the serial restructuring of items o. through uu. accordingly. The use to read: (o) Day care center adult Subsection (m). That Chapter 36., Section 36- 300.(c)(1) be amended to provide for insertion of a new permitted use, to be item x., and the serial restructuring of items x. through ppp. accordingly. The use to read: (x) Day care center, adult 3 9 9 735 Subsection (n). That Chapter 36., Section 36- 301.(c)(1) be amended to provide for the insertion of a new permitted use, to be item cc. and the serial restructuring of items cc. through eeee. accordingly. The use to read: (cc) Day care center, adult Subsection (o). That Chapter 36., Section 36- 319.(c)(1) be amended to provide for the insertion of a new permitted use, to be item i. and the serial restructuring of items i. through kk. accordingly. The use to read: (i) Day care center, adult Subsection (p). That Chapter 36., Section 36- 320.(c)(1) be amended to provide for the insertion of a new permitted use, to be item w. and the serial restructuring of item w. through mmm. accordingly. The use to read: (w) Day care center, adult Subsection (q). That Chapter 36., Section 36- 321.(c)(2) be amended to provide for the insertion of a new conditional use to be item c. and the serial restructuring of items c. through 1. accordingly. The use to read: (c) Day care center, adult Subsection (r). That Chapter 36., Section 36- 452.(2)(b)4. be amended to provide for the insertion of additional language and to then read as follows: (4) Commercial or retail uses, or a combination thereof, may be allowed if deemed appropriate, consistent and complimentary to office development. However, in no instance shall the office use area be less than fifty -one (51) percent of the gross leasable floor area within the development. 4 0 • 73b Subsection (s). That Chapter 36., Section 36- 507.(a)(b) be amended to provide for the deletion of language in both paragraphs, excluding Board of Adjustment authority in each. The amended paragraphs to then read: (a) All parking spaces provided pursuant to this article shall be on the same lot with the building or within three hundred (300) feet thereof. The distance to any parking area as herein required shall be measured between the nearest point of the off - street parking facility and the nearest point of the building said parking area or facility is to serve. Off -site parking shall not exceed twenty -five (25) percent of the total number of spaces required by this article. All off -site parking shall be noted on the official zoning map so as to assure maintenance of the requirement. (b) When detached parking facilities or satellite parking lots are provided, they shall be located on property which is zoned to allow the principal use which this parking will serve. Parcels of land used as access to or from parking or loading areas for any land use shall conform to this requirement. Subsection (t). That Chapter 36., Section 36- 104.(b) be amended to provide for the insertion of a new use category to be numbered (5) and to read as follows: (5) Cemeteries and all associated ancillary uses and activities relating thereto. Subsection (u) . That Chapter 36., Section 36 -85(d) be amended to provide for the insertion of a new paragraph and to then read as follows: (d) The board of directors may require, as a condition of rezoning, the reasonable dedication of land for public street or floodway purposes, based upon the land use or master plan elements currently in effect at the time of said rezoning, or may require other conditions necessary to protect and promote the health, safety and welfare of its citizens. 5 • 0 737 In the event that an applicant fails to provide city staff the required dedication instrument within ninety days of the commission action the case file may be closed and recommendations of approval rescinded. Subsection (v). That Chapter 36., Section 36 -152 be amended for purposes of insertion of two new paragraphs and to then read as follows: Sec. 36 -152. Continuance. Any nonconforming use, structure or lot which legally existed prior to the effective date of this chapter or any use, structure or lot which has been rendered nonconforming-by the provisions of this chapter may continue to be utilized in the same fashion as existed prior to the adoption of this chapter. Any conforming use, structure or lot legally existing under the provisions of this ordinance shall not be rendered nonconforming by action of the city, county, or state of Arkansas in the acquisition of property for street or drainage right -of -way. When an existing platted lot is reduced in size by dedication of right -of -way or purchase of right -of -way to allow the City to construct street or drainage improvements a property owner may use an existing platted building line or existing building face whichever creates the greater setback to construct improvements. Where current zoning building setback requirements create a building line closer to the right -of -way than the existing structure or existing platted building line, this zoning building line may be used as the setback to construct improvements. This may be done as long as there is not a request for change in use to a more intense zoning classification. If an application is made for rezoning, the applicant must submit a Planned Development unless agreeing to satisfy building setbacks and needed right -of -way to current City Ordinance and Master Street Plan Standards. However, when property is vacant at the time of dedication or purchase, current subdivision building set back requirements will apply, unless an application to the Planning Commission or Board of Adjustment for exception is approved. For purposes of C 0 733 accessory buildings, the provisions of 36- 156(a)(2)(c) shall apply. Subsection (w). That Chapter 36., Section 36 -155 be amended for purposes of insertion of a new paragraph and to then read as follows: Sec. 36-155. Nonconforming lots. Owners of lots which have been rendered unbuildable by the size and area provisions of this chapter may request, as a hardship variance, relief from the strict application of this chapter. The property owner must show to the board of adjustment that subject property is so restricted that the buildable area is not sufficient for reasonable construction. Platted lots or lots of record prior to the effective date of this chapter may be rezoned to any zoning classification even though the minimum lot width, depth and area requirements are not in conformance with the requested zoning district. When an existing platted lot is reduced in size by dedication of right -of -way or purchase of right -of -way to allow the City to construct street or drainage improvements, a property owner may use an existing platted building line or existing building face whichever creates the greater setback to construct improvements. Where current zoning building setback requirements create a building line closer to the right -of -way than the existing structure or existing platted building line, this zoning building line may be used to construct improvements. This may be done as long as there is not a request for change in use to a more intense zoning classification. if an application is made for rezoning, the applicant must submit a Planned Development unless agreeing to satisfy building setbacks and needed right -of -way to current City Ordinance and Master Street Plan Standards. However, when property is vacant at the time of dedication or purchase, current subdivision building set back requirements will apply, unless an application to the Planning Commission or Board of Adjustment for exception is approved. For purposes of accessory buildings, the provisions of 36- 156(a)(2)(c) shall apply- 7 733 Subsection (x). That Chapter 36., Section 36 -3 be amended for purposes of deletion of the first listing under 36 -3. "Crematory, crematorium or crematories" and the retention of this definition as inserted alphabetically. Subsection (y). That Chapter 36., Section 36 -3 be amended.for purposes of deletion of the sixth listing under 36 -3. "Mortuary or funeral home" and the retention of this definition as inserted alphabetically. Subsection (z) . That Chapter 36., Section 36 -2 be amended for purposes of insertion of three new definitions alphabetically and to read as follows: _ Wall, Structural - means a structure the design of which is intended to provide vertical or horizontal foundation or support for another structure or land form. Wall, Decorative - means a structure the design of which is intended to visually or physically separate one area from another; to extend a building feature; in all instances a free standing structure except as may be attached to another structure at the ends. Fence, Height - means the vertical measurement of a fence from the finished yard grade at the bottom of a fence to the top line or edge of the fence. Fence posts or columns may be erected to a height not to exceed two feet above the allowable fence height, provided the columns or posts do not exceed 24 inches in width and the spacing between columns or posts is not less than eight feet. For purposes of fences erected upon any wall, the height shall include the vertical dimension of the wall. Subsection (aa). That Chapter 36., Section 36 -516. a), b), c) and d) deleted from the Chapter in its entirety and the following be inserted in its stead: G i -74 Section 36 -516. Fences and Walls a) Definition. In this section the words fence and wall are synonymous. Fence means a structure of wire, posts, boards, pickets or rails commonly used to border, secure or delineate a yard, field, lot or other land area. b) Applicability. The provisions of this section shall apply to the placement of fences and walls upon both "use" and "zoned" sites. They may be erected so as to provide for expanded screening and fencing of nonconforming uses thereby reducing existing impact on adjacent properties. The residential, office, commercial and industrial standards below (in e) 1, 2, 3) are those districts set forth in Article V. of this chapter. c) Except as provided herein no fence, wall, screen, hedge or other structure in the nature of a fence shall be erected or maintained in a position or placed so as to be dangerous or detrimental to the health or safety of the public or obstruct the view so as to endanger public traffic on a street. d) For purposes of this section the use of barbed, concertina wire or other types of wire specifically designed to inflict injury upon human contact is prohibited except when used at the top of fences at least six (6) feet above grade enclosing business or manufacturing premises. When such wire is used, it shall not extend outside the vertical plane of the enclosed property. Electrically charged fences are prohibited. e) Fences meeting zoning and subdivision ordinance setback requirements may be constructed to district height as permitted by Chapter 36. All others as follows: Height and Area Regulations 1. Residential Fence and Wall Standards - A. Between a required building setback line and a street right -of -way, the maximum height shall be four feet. 2 • B. A decorative wall shall comply in the manner set forth for fences. C. A structural wall as defined in this chapter shall conform to the building r setback required by the zoning district. 2. Office and Commercial Fence and Wall Standards A. Between a required building setback line and a street right -of -way, the maximum height shall be six feet. B. A decorative wall shall comply in the manner set forth for fences. C. A structural wall as defined in this chapter shall conform to the building setback required by the zoning district, except that those walls required to comply with benching on a cut or fill regulation of the City of Little Rock are exempt. 3. Industrial Fence and Wall Standards - A. Between a required building setback line and a street right -of -way the maximum height shall be nine feet. B. A decorative wall shall comply in the manner set forth for fences. C. A structural wall as defined in this chapter shall conform to the building setback required by the district, except that those walls required to comply with benching on a cut or fill regulation of the City of Little Rock are exempt. f) General Provisions 1. For purposes of erecting fences that are to serve as visual screening, plastic or metal slats woven into a chain link fence are prohibited. 2. Any fence erected along a property line corner or within the fifty (50) foot triangle formed by the property line intersection shall comply with the obstruction provisions of Section 32 -8. of the Code of Ordinances. 3. All fences intended as screening fences to fulfill a code or site plan requirement shall place the decorative or face side toward the subject to be protected. 10 • ® 733 4. All fence or wall construction shall be placed in a manner that will not damage required landscape areas or obstruct access to utility easements. 5. Any fence, wall or other construction within public easements shall be constructed in a manner not to impede or otherwise restrict existing drainage patterns, both natural and man -made. No construction within a public easement is allowed without first obtaining required permits from Public Works, and Planning and Development. Other ordinance requirements apply as found in Section 36 -176. 6. A fence erected for security or safety purposes shall not be construed to be expansion of a nonconforming use. g) Appeals Appeal of provisions of this section shall be to the Board of Adjustment. Subsection (bb). That Chapter 36., Section 36 -3. be amended to provide for insertion of three new definitions alphabetically and to read as follows: Taxi -cab means a vehicle to carry a passenger between two points for a fare based upon a meter, zone or other authorized system. Taxi office means the general office of a for hire vehicle service with dispatch and parking of in service vehicles. Taxi Service Facility means the operational facilities for repair, maintenance and storage of out of service vehicles. Subsection (cc). That Chapter 36., Section 36- 280.(c)(3) be amended to provide for the insertion of a new conditional use, to be Item "k. Taxi Office." Subsection (dd). That Chapter 36., Section 36- 281.(b)(3) be amended to provide for the insertion of a new conditional use, to be Item "1, Taxi Office." 11 0 • 734 Subsection (ee). That Chapte be amended to provide for the permitted use to be Item "nnn serial restructuring of Items accordingly. 36., Section 36- 300.(c)(1) insertion of a new Taxi Office" and the nnn. through ppp. Subsection (ff). That Chapter be amended to provide for the permitted use to be Item "cccc serial restructuring of Items accordingly. 36., Section 36- 301.(c)(1) insertion of a new . Taxi Office" and the cccc. through eeee. Subsection (gg). That Chapter 36., Section 36- 302.(c)(1) be amended to provide for the insertion of two new permitted uses to become items "ss. Taxi Office" and "tt. Taxi Service Facility" and the serial restructure of items ss. through ww. accordingly. Subsection (hh). That Chapter 36., Section 36- 320.(e)(1) be amended to provide for the insertion of two new permitted uses to become items "iii. Taxi Office" and "jjj. Taxi Service Facility" and the serial restructure of items iii. through mmm. accordingly. Subsection (ii). That Chapter 36., Section 36 -453. be amended to provide for the insertion of a new paragraph to be "(e)" and to read as follows: (e) Size. There shall be no minimum tract size for the standard or long form PZD. Subsection (jj). That Chapter 36., Section 36- 253.(b)(6) be amended to provide for a correction in spelling of Subsection (6) title, the words to be "(6) Home Occupation." Subsection (kk). That Chapter 36., Section 36- 104.(b)(4) be amended to provide for the insertion of new language and to then read as: (4) Communications, receiving or transmitting facilities other than wireless communication facilities as provided within Article XII, Section 36 -590. of this chapter. 12 0 735 Subsection (11). That Chapter 36., Section 36- 299.(c)(1) (bb) be amended to provide for the deletion of the word "display" and replacement by the word "public ". To then read as: (bb) Library, art gallery, museum or similar public use. Subsection (mm) . That Chapter 36., Section 36 -3. be amended to provide for the deletion of the words "fire station" from the definition of library, art gallery, museum or similar public use and the retention of the balance of the definition. Subsection (nn). That Chapter 36., Section 36 -3. be amended for purposes of the insertion of a new definition to be "fire station" and to read as follows: Fire Station means a building specifically constructed to house fire fighting apparatus, fireman and living accommodations for full time occupancy. Subsection (oo). That Chapter conditional use be amended to (4)g. and to read: (g) Fire Station 36., Section 36- 253.(b)(4) include a new use to be Subsection (pp). That Chapter 36., Section 36- 279.(b)(1), 36- 280.(c)(1), 36- 281.(b)(1), 36- 299.(c)(1), 36- 300.(c)(1), 36- 301.(c)(1), 36- 302.(c)(1), 36- 320.(c)(1) be amended for purposes of including a new permitted use "fire station" in each, to be alphabetically inserted as necessary in each. Subsection (qq). That Chapter 36., Section 36- 302.(c)(1)h. be amended to provide for deletion of the word "retail" and replacement by the word "rental ". To then read as: h. Auto or truck rental or leasing. Subsection (rr) 156. (a) (2) c. , b first sentence, to then read as That Chapter 36., amended to include retain the balance follows: 13 Section 36- new language in the f the paragraph and 0 0 (c) Accessory buildings or structures in the R -1 through R -4 districts shall not be located closer than sixty (60) feet to the front property line, fifteen (15) feet from a street side line and may not occupy more than thirty (30) percent of the required rear yard area. For purposes of double front lots, accessory buildings shall conform to front yard setback requirements on both streets. Accessory buildings or structures shall in all instances be subordinate to the principal structure on the lot and contain less gross floor area. Accessory dwellings shall not exceed the permitted land coverage allowed by the district regulations. Swimming pools and all appurtenant structures both above ground and below grade of adjacent yard area shall be constructed to be accessory structures and conform to the standards of this section. The planning director may authorize the encroachment of structures into a required yard setback except when more than one (1) encroachment is proposed. The encroachment shall be limited to ten (10) percent. Subsection (ss). That Chapter 36., Section 36 -3. be amended to provide for the insertion of two new definitions, to be inserted alphabetically and to read as follows: Bottled gas, sales and service means a facility for the marketing of gases of any type for Medical, Manufacturing, Welding or similar activities'with no bulk storage or filling of tanks. Bottled gas, bulk storage nonflammable or nonhazardous means a facility for the warehousing or storage of any quantity of gases above or below ground for purposes of filling canisters or tanks for the retail sale to end users. Subsection (tt). That Chapter 36., Section 36- 302.(c) and 36- 320.(c) be amended to provide for the insertion of a new permitted use to be "Bottled gas, sales and service ", to be inserted alphabetically and the serial restructure of permitted uses accordingly. 14 C) 6 • Subsection (uu). That Chapter 36., Section 36- 320.(c) be amended to provide for the insertion of a new permitted use, to be "Bottled gas, bulk storage of nonflammable or nonhazardous ", to be inserted alphabetically and the serial restructure of permitted use accordingly. Subsection (vv). That Chapter 36., Section 36- 281.(b)(2) be amended to provide for the inclusion of a new accessory use to be item O., and the serial restructuring of items a. through o. accordingly. The use to read: 0. Laundry pickup station. SECTION 2. That this ordinance shall take effect thirty (30) days from and after its passage. PASSED: August 1, 2000 ATTEST: Cit Cler1 May 15 37