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1 ORDINANCE NO. 19,052
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3 AN ORDINANCE TO AMEND LITTLE ROCK, REV. CODE § 36 -2
4 TO CHANGE THE DEFINITION OF ACCESSORY BUILDING
5 OR USE; TO AMEND § 36 -252 TO PROHIBIT THE USE OF
6 CERTAIN ITEMS AS ACCESSORY BUILDINGS IN
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RESIDENTIALLY -ZONED DISTRICTS AND TO PROVIDE A
SIX (6) -MONTH PERIOD FOR THEIR REMOVAL; AND FOR
OTHER PURPOSES.
WHEREAS, the use of items such as cargo containers, truck boxes and trailers,
train cars and cabooses, mobile homes, manufactured homes and recreational vehicles
and trailers, as accessory buildings in residential neighborhoods is contrary to the
intended purpose of such items, is unsightly, is out of character with the residential
nature of neighborhoods, detracts from the appearance of neighborhoods, and gives
residents cause for concern that their property values will be negatively affected by
such items being used as accessory buildings in their neighborhood; and
WHEREAS, the continued use of the aforesaid items as accessory buildings in
residential areas, where it exists, is so deleterious to the character and appearance of
neighborhoods and is so objectionable to neighbors that the use of such items as
accessory buildings in residentially -zoned districts should be prohibited and any items
currently in use as accessory buildings in such districts should be removed, and
WHEREAS, requiring a property owner to remove the inappropriate item from a
residentially -zoned property presents a minimal burden compared to the resulting
benefit to the surrounding neighborhood, given that (1) such containers, boxes, trailers,
vehicles and the like are generally easily mobile and able to be moved to a more suitable
ominanm
To Amend Code Defining Accaaory Buildings
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1 location or can be sold intact and moved, and (2) in many instances the inappropriate
2 item being used as an accessory structure is beyond its useful life for the purpose for
3 which it was constructed; and (3) the investment in such inappropriate items is
4 relatively small, and
5 WHEREAS, the establishment of a six (6) -month amortization period after
6 proper notice for removal of items inappropriately being used for an accessory
7 buildings in residentially -zoned districts establishes a reasonable amount of time for
8 owners to sell the items, relocate them to a suitable location, or otherwise dispose of
9 them, and to obtain, if needed, a structure that is appropriate for use as an accessory
10 building in a residential area.
11 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
12 OF THE CITY OF LITTLE ROCK, ARKANSAS:
13 Section 1. Little Rock, Ark., Rev. Code § 36 -2 (1988) is hereby amended to read
14 as follows:
15 Sec. 36 -2. Definitions — Generally. Accessory building or use means a
16 building or use which:
17 (1) Is located on the same zoning lot as the principal building or principal
18 use;
19 (2) Serves the principal building or principal use;
20 (3) In other than a residentially -zoned district, is subordinate in area,
21 extent or purpose to the principal building or principal use served. Accessory
22 structures in residentially -zoned districts shall be subordinate in area, extent and
23 purpose to the principal building and residential use; and
24 (4) Contributes to the comfort, convenience or necessity of occupants of
25 the principal building or principal use.
26 Section 2. Little Rock, Ark. Rev. Code § 36 -252 (1988) shall be amended to read
27 as follows:
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Ordinance
To Amend Code Defining Acreswry Buildings
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Sec. 36 -252. Accessory buildings in certain districts.
(a) Accessory dwellings within the R -2, R -3, R-4 and R -7A districts shall
conform to the following area requirements:
(1) No accessory dwelling shall exceed the permitted height of
the district.
(2) In no instance shall the floor area of the accessory dwelling
exceed that of the principal dwelling.
(3) In the R -2 and R -3 districts, one (1) of the dwelling units
must be occupied by the landowner.
(4) In the R4 district, an accessory dwelling is expressly prohibited
when a duplex exists on the lot.
(5) In R -2, R -3, R -4 and R -7A districts, a single - family dwelling or
manufactured home must be on the site prior to approval of location of
an accessory dwelling.
(6) The two -story type of construction may be allowed for
accessory dwellings when the ground floor is occupied as an automobile
garage or accessory storage for the dwelling units on the lot.
(b) Accessory buildings. An accessory building shall be a constructed
edifice designed to stand alone, more or less permanently. Only those buildings
specifically designed and constructed for the purpose of serving as an accessory
building shall meet the definition of an accessory building. The use of items such
as cargo containers, truck boxes and trailers, train cars and cabooses, mobile
homes, manufactured homes and recreational vehicles or trailers shall not be
deemed appropriate to serve as an accessory building in a residentially -zoned
district. Such items shall not be deemed to be non - conforming structures under
Article III of this chapter. Any such item not deemed by the Planning Director to
be appropriate that was being used prior to the effective date of this ordinance as
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To Amend Code Defining Accessory Buildings
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an accessory structure in a residentially -zoned district shall be removed within
six (6) months from notification by the city of the property owner.
Section 3. Severability. In the event that any title, section, paragraph, item,
sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid
or unconstitutional, such declaration or adjudication shall not affect the remaining
portions of the ordinance which shall remain in full force and effect as if the portion so
declared or adjudged invalid or unconstitutional was not originally a part of the
ordinance.
Section 4. Repealer. All ordinances, resolutions, bylaws, and other matters
inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.
Section 5. Emergency. The ability to protect residents and neighborhoods from
harmful conditions is a part of the protection of the general public safety and welfare
entrusted to municipalities, and prevention of the use of inappropriate items for use as
accessory buildings is needed to protect residential neighborhoods from the visual
blight and likely devaluation of property values if such use is allowed to continue and
expand; therefore, an emergency is declared to exist, and this ordinance shall be in full
force and effect from and after the date of its passage.
PASSED: February 3, 2004
ATTEST:
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22 Nan(y Wood//City Clerk
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24 APPROVED AS TO LEGAL FORM:
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27 Thomas M. Carpenter, City A torney
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Orduumce
To Amend Code De(inlog Acc ry Buildings
APPROVED: