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
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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
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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
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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.
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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.
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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
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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-
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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:
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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.
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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.
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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."
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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.
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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:
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Section 36-
new language in the
f the paragraph and
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(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.
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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
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