19065ORDINANCE NO. 19,065
2004022883
03/2310:59:20 AN
Filed Worded in
Officia. ecords of
CAROLYN STALEY
PULASKI COUNTY
CIRCUIT /COUNTY CLERK
Fees $14.00
AN ORDINANCE AMENDING CHAPTER 36 OF THE
CODE OF ORDINANCES OF THE CITY OF LITTLE
ROCK, ARKANSAS PROVIDING FOR MODIFICATION
OF VARIOUS PROCEDURES AND LAND USE
REGULATIONS RELATED TO SPECIAL USE PERMITS,
FAMILY CARE FACILITIES AND DAY CARE FAMILY
HOMES; AND FOR OTHER PURPOSES.
WHEREAS, it has been determined by the Little Rock Planning Commission that
it is appropriate to make certain modifications to the procedures and regulations
contained within Chapter 36 of the Code of Ordinances of the City of Little Rock,
Arkansas related to Special Use Permits and day care family homes; and
WHEREAS, the proposed modifications were presented and discussed at a public
hearing of the Little Rock Planning Commission where the Planning Commission voted
to recommend approval of the modifications.
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- 54.(e)(3)a. be amended to provide
for the addition of new text and to then read as follows:
a. This use may be located only in a single- family home, occupied by the
caregiver and which is the full time residence of the caregiver.
Subsection (b). That Chapter 36., Section 36- 54.(e)(3) be amended to provide for
the addition of new subsections f., g., h., i., j., k., 1. and m. to read as follow:
91612
After the effective date of this subsection, no Special Use Permit will be
approved for a day care family home proposed to be located within 300 feet of
a licensed day care center or an operating day care family home for which a
Special Use Permit has previously been approved. For the purposes of this
subsection, the distance between properties shall be measured in a straight line
without regard to intervening structures or objects, from property line to
property line.
All day care family homes located in the City of Little Rock are required to
obtain a City of Little Rock business license and to pay an annual business tax
as specified in Chapter 17. of the Code.
sA copy of the day care family home's current State of Arkansas license must
be submitted to the City Collector's Office each year at the time of payment of
the annual business tax.
All vehicles must be parked on an on -site paved surface.
All vehicles located on the site must be operational.
k. All pick -up and drop -off of children shall be on the property's driveway and
not on the public right -of -way unless otherwise approved by the Planning
Commission.
1. Special Use Permits for day care family homes shall be reviewed by staff
every three (3) years for compliance with the development criteria and
Planning Commission approval.
m. The Fire Marshall must approve use of the residence for the proposed day care
family home.
Subsection (c). That Chapter 36., Section 36- 54.(e) (2) be amended to provide for
the addition of a new subsection f. to read as follows:
f. The Fire Marshall must approve use of the residence for the proposed family
care facility.
Subsection (d). That Chapter 36., Section 36 -54. be amended to provide for the
addition of a new subsection (g) to read as follows:
(g) Revocation procedure. Any approved Special Use Permit may, upon review
and action by the Planning Commission, be revoked. Revocation
proceedings may be initiated by staff or upon receipt by staff of a petition
signed by the residents of no less than twenty -five percent of the properties
located within 200 feet of the property for which a Special Use Permit has
been approved. For the purposes of this subsection, the distance between
properties shall be measured in a straight line without regard to intervening
structures or objects, from property line to property line. The Planning
Commission may revoke the Special Use Permit if it is determined that the
use approved under the Special Use Permit is being conducted contrary to
the original approved application or contrary to any laws of the City of
Little Rock or that there has been substantial change in circumstance since
the approval of the Special Use Permit to the extent that the use has become
detrimental to the residential character of the neighborhood. Appeals from
the action of the Planning Commission shall be as set forth in Section
36- 54(b).
SECTION 2. Severability. In the event 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 3. Repealer. All laws, ordinances, resolutions, or parts of the same,
that are inconsistent with the provisions of this ordinance are hereby repealed to the
extent of such inconsistency.
SECTION 4. Emergency Clause. Whereas, it has been determined that it is
necessary that the proposed amendments become effective immediately to protect the
quality of life in residential neighborhoods; an emergency is hereby declared and this
Ordinance shall take effect immediately upon its passage.
PASSED: March 16, 2004
ATTEST:
City (Clerk
APPROVED:
Mayor