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ORDINANCE NO. 19,910
AN ORDINANCE TO AMEND CHAPTERS 31 AND 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 a regular review of
these chapters 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 Chapters 31. and 36. be amended as follows:
Subsection (a). That Chapter 36., Section 31- 36.(3) be amended to delete the term "twelve
(12) months" in the second sentence of that subsection and to replace it with the term "twenty -four
(24) months."
Subsection (b). That Chapter 31., Section 31-210.(e) be amended to delete the opening
paragraph of that subsection and to replace it with the following language:
(e) For the purpose of spacing requirements, the points of access to a boundary street
are as follow according to street classification:
Subsection (c). That Chapter 36., Section 36 -3. be amended to provide for the deletion of the
current definition "airport or landing field" and the alphabetical insertion in its place of new
definitions of "aircraft" and "airport or landing field" as follows:
Aircraft means any contrivance now known or hereafter invented for use in or designed for
navigation of or flight in air.
Airport or landing field means any area of land or water designated, set aside, continuously
used, or intended for use, for the landing and take -off of aircraft, and any appurtenant areas
designated, set aside, used, or intended for use, for airport buildings or other airport facilities,
rights -of -way, or approach zones, together with all airport buildings and facilities located
thereon.
Subsection (d). That Chapter 36., Section 36- 104.(b) be amended to provide for the addition of
a new subsection (6) to read as follows:
(6) Airport or landing field
Subsection (e). That Chapter 36., Section 36 -2. be amended to provide for the alphabetical
insertion of a new definition "handicapped persons" to read as follows:
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Handicapped persons shall mean those so defined in the Fair Housing Amendments Act
of 1988, as may be amended from time to time, and shall include persons with a
physical or mental impairment which substantially limits one (1) or more of such
person's major life activities, or who have a record of having such an impairment, or
who is regarded as having such an impairment. This definition does not include
current, illegal use of or addiction to a controlled substance as the latter term is
defined by Arkansas law.
Subsection (f). That Chapter 36., Section 36- 108.(c) be deleted in its entirety and replaced
with the following language:
(c) Conditions may include time limits for exercise of authorization. However, the
maximum allowable time shall be three (3) years from the date of approval. Required
permits must be obtained within the allotted period, unless an extension of time is
granted by the Commission. Otherwise, the conditional use permit approval shall be
considered void.
Subsection (g). That Chapter 36., Section 36-261.(e) be amended to provide for the addition of
a new subsection (8) to read as follows:
(8) Siting Criteria. The siting of a mobile home or manufactured home shall
comply with the following siting criteria:
(a) Removal of all transport elements
(b) Permanent foundation
(c) Underpinning with permanent materials
(d) Tie -downs and anchors as recommended by the manufacturer of the mobile
home or manufactured home.
Subsection (h). That Chapter 36., Section 36 -278. be amended to provide for the addition of a
new subsection (4) to read as follows:
(4) Accessory permanent structures that meet all setback requirements are allowed for the
purpose of storage.
Subsection (i). That Chapter 36., Section 36 -318. be amended to provide for the addition of a
new subsection (4) to read as follows:
(4) All premises shall be kept clear of all rubbish, trash, brush, litter and abandoned vehicles.
Subsection (j). That Chapter 36., Section 36- 322.(b)(4) be deleted in its entirety and replaced
with new text to read as follows:
(4) The city staff shall present any plans for the development of a property within the PR
park and recreation district to the parks and recreation commission at a public meeting and
shall demonstrate that the proposed development, or redevelopment, plans are consistent with
the goals expressed in the Little Rock Parks and Recreation Master Plan. This presentation is
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for information purposes only, and no formal action is required unless a majority of the
members of the parks and recreation commission vote to approve a motion that states:
a. That the city staff is in error; and
b. The proposed plan is totally inconsistent with goals and vision of the Little Rock Parks
and Recreation Master Plan; and
c. That the city board of directors should review the presented plan to determine if it is
consistent with the Little Rock Parks and Recreation Master Plan; and
d. If such an affirmative vote is taken, provides to the city board of directors a written
list of the reasons that a majority of the members of the parks and recreation
commission believe that the proposal is inconsistent with the Little Rock Parks and
Recreation Master Plan.
Subsection (k). That Chapter 36., Section 36- 342.1(c)(11). be deleted in its entirety and
replaced with new text to read as follows:
(11) Signs. Off- premises signs are not allowed. Ground mounted signs are discouraged and
may only be permitted as a variance as per Division 2 of this chapter. Otherwise,
permitted signs shall be as in section 36 -553, signs permitted in institutional and office
zones, of this chapter. On the street level, the maximum area of signage may be
doubled if at least fifty (50) percent of the street -level office and retail space has
direct access to the street.
Subsection (l). That Chapter 36., Section 36- 550.(6) be amended to provide for the insertion of
additional text and to then read as follows:
(6) One (1) company or organizational flag, not to exceed one hundred (100) square feet in
area, that can be displayed from a permanently mounted flag pole.
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. That this ordinance shall take effect thirty (30) days from and after its passage.
PASSED: January 15, 2008 j
ATTEST:
7111�11nl'l_l &)/�o
�4
Nan Wood, 5ity C erk
APPROVED:
Mark Stodola,
[PAGE 3 OF 4]
I APPROVED AS TO LEGAL FORM:
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[PAGE 4 OF 4]
2007
ZONING - SUBDIVISION
ORDINANCE
I old I OWN 0 w 60,111 OXTMAI
ZONING AND SUBDIVISION ORDINANCE
2007 ORDINANCE AMENDMENT PROPOSALS
DRAFT 2
Subject
A. Clean -up issue to correct an error in the text of the
Subdivision Ordinance regarding the length of time
preliminary plats are valid.
B. Corrective action to eliminate conflicting language in the
Subdivision Ordinance regarding driveway spacing and
points of access to a boundary street.
C. Creating a new definition of airport or landing field, adding
a definition of aircraft and add procedure to allow landing
strips in zones other than industrial.
D. Adding a definition of handicapped persons.
E. A proposal to provide for the automatic voiding of
undeveloped conditional use permits after three years.
F. Adding siting criteria for placement of mobile homes or
manufactured homes in mobile home parks.
G. Amend office zoning district general restrictions to permit
accessory buildings.
H. Add language to the Industrial District restrictions to
require that sites be kept clean.
I. Move responsibility for reviewing development of "PR"
Parks and Recreation zoned properties from the Planning
Commission to the Parks and Recreation Commission.
Priority
DATE November 14, 2007
Page in Text
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Page 1
ZONING AND SUBDVISION ORDINANCE
2007 ORDINANCE AMENDMENT PROPOSALS
DRAFT 2
Subject
J. Clarification of language in the "UU" Urban Use District to
state that ground mounted signs are permitted only as a
variance.
K. Create a maximum size for company or organizational
flags.
Priority
DATE November 14. 2007
Page in Text
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Page 2
2007 PROPOSED ORDINANCE AMENDMENTS
PROBLEM: Clean -up issue to correct an error
in the text of the Subdivision Ordinance which
states preliminary plats are valid only for
12 months. It should read 24 months.
CURRENT ORDINANCE LANGUAGE:
Chapter 31., Section 31 -36(3)
SOURCE: Staff
DRAFT 2
DATE November 14, 2007
(3) The third step involves submittal of a final plat conforming to the preliminary plat. This step shall be
initiated not later than twelve (12) months after approval of the preliminary plat by the planning
commission unless construction work is actively progressing...
STAFF REPORT: (
The Subdivision Ordinance was amended to state that preliminary plats are valid for twenty -four months.
That change was made to Section 31- 94(e). Similar language in the general procedure section of
31- 36.(3) should also have been changed.
SUGGESTED TEXT: (
Amend the text in Chapter 31., Section 31 -36(3) to read as follows:
(3) The third step involves submittal of a final plat conforming to the preliminary plat. This step shall be
initiated not later than twenty -four (24) months after approval of the preliminary plat by the planning
commission unless construction work is actively progressing...
Page 3
2007 PROPOSED ORDINANCE AMENDMENTS
PROBLEM: Corrective action to eliminate
conflicting language in the Subdivision Ordinance
regarding driveway spacing and points of access
to a boundary street.
CURRENT ORDINANCE LANGUAGE:
Chapter 31., Section 31- 210.(e)
SOURCE: Staff
DRAFT 2
DATE November 14, 2007
(e) For purposes of the spacing requirements for industrial, commercial, office, religious, philanthropic,
educational, or multifamily properties the points of access to a boundary street are as follows
according to street classification:
STAFF REPORT: (
The opening statement of this subsection as noted above references industrial, commercial, office,
religious, philanthropic, educational and multifamily uses. However, the subsequent language in the
section addresses driveway locations and points of access to boundary streets for all uses, including
single family residential. Staff believes it would clarify the text to remove the specific uses listed from the
opening statement.
SUGGESTED TEXT: (
Amend Chapter 31., Section 31- 210.(e) to read as follows:
(e) For the purpose of spacing requirements, the points of access to a boundary street are as follow
according to street classification.
Page 4
2007 PROPOSED ORDINANCE AMENDMENTS
PROBLEM: Create new definition of airport or
landing field and adding a definition of aircraft.
Add procedure to allow landing strips in zoning
districts other than industrial.
CURRENT ORDINANCE LANGUAGE:
Chapter 36. Section 36 -3
SOURCE: Staff
DRAFT 2
DATE November 14, 2007
Airport or landing field means a landing facility for fixed- or rotary- winged aircraft containing a minimum of
sixty (60) acres, subject to the federal aviation agency's requirement of safety and applicant's securing
air space utilization from the federal aviation agency.
This use is listed as a conditional use in 1 -1 and as a permitted use in 1 -2 and 1 -3.
STAFF REPORT: (
An individual was recently cited by staff for violating the "Al"' Agriculture Forestry zoning by constructing
a runway - landing field on a 27± acre tract. He appealed to the Board of Adjustment who determined that
his use did not meet the City's definition of airport or landing field. The current definition is so specific
that it appears to apply only to the Little Rock National Airport. Staff has reviewed definitions from
around the country and offers a new definition of airport and of aircraft. To better address the possibility
that a private landing strip may be proposed elsewhere, Staff recommends adding the use to those that
require a conditional use permit in any zone other than industrial.
SUGGESTED TEXT: (
Amend Chapter 36., Section 36 -3 to replace the definition of "airport or landing field" and to add a new
defined term "aircraft ".
Aircraft means any contrivance now known or hereafter invented for use in or designed for navigation of
or flight in air.
Airport or landing field means any area of land or water designated, set aside, used, or intended for use,
for the landing and take -off of aircraft, and any appurtenant areas designated, set aside, used, or
intended for use, for airport buildings or other airport facilities, rights -of -way, or approach zones, together
with all airport buildings and facilities located thereon.
Page 5
2007 PROPOSED ORDINANCE AMENDMENTS
DRAFT 2
DATE November 14, 2007
SUGGESTED TEXT:
Amend Chapter 36., Section 36- 104.(b) to read as follows:
(b) Certain uses due to their nature and impact on adjacent properties shall be permitted by right
only in the industrial classifications established by this ordinance. These uses may be permitted in all
other classifications by conditional use permit. They are:
(1) Utility storage yard for vehicles, maintenance equipment and materials.
(2) Utility substation for distribution of services or products or bulk storage thereof.
(3) Water or sewer treatment plant or ancillary facilities.
(4) Communications, receiving or transmitting facilities other than wireless communication facilities
as provided within article XII, section 36 -590 of this chapter.
(5) Cemeteries and all associated ancillary uses and activities relating thereto.
(6) Airport or landing field.
Page 6
2007 PROPOSED ORDINANCE AMENDMENTS
PROBLEM: Add a definition of handicapped
persons to the Zoning Ordinance.
CURRENT ORDINANCE LANGUAGE:
None
STAFF REPORT: (
DRAFT 2
DATE November 14, 2007
SOURCE: City Attorney
The Zoning Ordinance currently contains no definition of "handicapped persons ". Protection of such
persons under the Fair Housing Amendments Act of 1988 is addressed in the definition of "family ".
Clarification of who qualifies under the term "handicapped persons" is needed.
SUGGESTED TEXT: (
Amend Chapter 36., Section 36 -2. Definitions to add a new definition to read as follows:
Handicapped persons shall mean those so defined in the Fair Housing Amendments Act of 1988, as may
be amended from time to time, and shall include persons with a physical or mental impairment which
substantially limits one (1) or more of such person's major life activities, or who have a record of having
such an impairment, or who is regarded as having such an impairment. This definition does not include
current, illegal use of or addiction to a controlled substance as the latter term is defined by Arkansas law.
Page 7
2007 PROPOSED ORDINANCE AMENDMENTS
PROBLEM: _A proposal to provide for the
automatic voiding of approved conditional use
permits that have not been started or permits
obtained within three (3) years of approval.
CURRENT ORDINANCE LANGUAGE:
Chapter 36., Section 36- 108.(c):
SOURCE: Staff
DRAFT 2
DATE November 14, 2007
(c) Conditions may include time limits for exercise of authorization. However, the maximum
allowable time shall be limited to three (3) 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 a revocation hearing by the planning commission at which
time the owner may request continuance of his or her approval.
STAFF REPORT: (
There currently is no mechanism in place to track approved conditional use permits. On occasion, an
inquiry will be made on a property for which a C.U.P. was approved and which has not been acted upon
for over three (3) years after approval. Staff believes the unwieldy mechanism of having to go through a
revocation hearing could be replaced by the proposed language providing for automatic voiding of
abandoned C.U.P.'s.
SUGGESTED TEXT: (
Amend Chapter 36., Section 36- 108.(c) to read:
(c) Conditions may include time limits for exercise of authorization. However, the maximum
allowable time shall be three (3) years from the date of approval. Required permits must be obtained
within the allotted period, unless an extension of time is granted by the Commission. Otherwise, the
conditional use permit approval shall be considered void.
Page 8
2007 PROPOSED ORDINANCE AMENDMENTS
PROBLEM: Add siting criteria for placement of
mobile homes or manufactured homes in mobile
home parks.
CURRENT ORDINANCE LANGUAGE:
There is no current language.
STAFF REPORT: (
SOURCE: Staff
DRAFT 2
DATE November 14, 2007
R -7 is the mobile home park zoning district. There currently are no siting criteria for placement of mobile
homes or manufactured homes in mobile home parks. Staff believes it is appropriate to require siting
criteria such as removal of transport elements, permanent foundation, underpinning and parking.
SUGGESTED TEXT: (
Amend Chapter 36., Section 36- 261.(e) to add a new subsection (8) to read as follows:
(8) Siting Criteria. The siting of a mobile home or manufactured home shall comply with the following
siting criteria:
(a) Removal of all transport elements
(b) Permanent foundation
(c) Underpinning with permanent materials
(d) Tie -downs and anchors as recommended by the manufacturer of the mobile home or
manufactured home.
Page 9
2007 PROPOSED ORDINANCE AMENDMENTS
PROBLEM: Amend office general restrictions
of Section 36 -278 to permit accessory
permanent structures which meet all setback
requirements.
CURRENT ORDINANCE LANGUAGE:
SOURCE: Staff
DRAFT 2
DATE November 14, 2007
There currently is no language in the Zoning Ordinance permitting accessory structures in office zones.
STAFF REPORT: (
Within the office zones, there is no provision to allow placement of an accessory building to be used for
storage. In the past, requests for storage buildings for file storage, material storage or even lawn
maintenance tool storage have required multiple building site plan review.
SUGGESTED TEXT: (
Amend Chapter 36., Section 36 -278. Office District General Restrictions to add a new subsection (4) to
read as follows:
(4) Accessory permanent structures that meet all setback requirements are allowed for the purpose of
storage.
Page 10
2007 PROPOSED ORDINANCE AMENDMENTS
PROBLEM: Add language to the Industrial
District restrictions to require that sites be kept
clean.
CURRENT ORDINANCE LANGUAGE:
There is no current language addressing this issue.
STAFF REPORT: (
SOURCE: Staff
DRAFT 2
DATE November 14, 2007
There is no language in the Industrial District section of the Zoning Ordinance to require that properties
be kept clean. This has resulted in occasional difficulty in enforcement which can easily be remedied by
adding language similar to that added to the Commercial Districts in 2005.
SUGGESTED TEXT: (
Amend Chapter 36., Section 36 -318. District Restrictions to add a new subsection (4) to read as follows:
(4) All premises shall be kept clear of all rubbish, trash, brush, litter and abandoned vehicles.
Page 11
2007 PROPOSED ORDINANCE AMENDMENTS
PROBLEM: Move responsibility for reviewing
development of Parks and Recreation zoned
properties from the Planning Commission to the
Parks and Recreation Commission.
CURRENT ORDINANCE LANGUAGE:
Section 36- 322.(b)(4)
SOURCE: Staff
DRAFT 2
DATE November 14, 2007
The city departments of planning and development, parks and recreation, and public works shall present
any plans for the development of a property within the PR park and recreation district to the planning
commission at a public meeting and shall demonstrate that the proposed development, or
redevelopment, plans are consistent with the goals expressed in the Little Rock Parks and Recreation
Master Plan. This presentation is for information purposes only, and no formal action is required unless
a majority of the members of the planning commission vote to approve a motion that states:
a. That the city staff is in error; and
b. The proposed plan is totally inconsistent with goals and vision of the Little Rock Parks and
Recreation Master Plan; and
c. That the city board of directors should review the presented plan to determine if it is consistent
with the Little Rock Parks and Recreation Master Plan; and
d. If such an affirmative vote is taken, provides to the city board of directors a written list of the
reasons that a majority of the members of the planning commission believe that the proposal is
inconsistent with the Little Rock Parks and Recreation Master Plan.
Page 12
2007 PROPOSED ORDINANCE AMENDMENTS
DRAFT 2
DATE November 14, 2007
STAFF REPORT: ( )
The PR parks and recreation zoning district was created on January 16, 2001 by passage of Ordinance
No. 18,419. Subsequently, all City owned parks properties were rezoned from various districts to PR.
On January 15, 2002, the PR district regulations were amended by Ordinance No. 18,630. The
amendment allowed for multiple structures by -right on PR zoned properties and allowed "informational
only" review by the Planning Commission. No action is required by the Commission unless the
Commission finds that City staff is in error and the proposed development is totally inconsistent with the
goals and vision of the City's Master Parks Plan.
On January 7, 2003, the Little Rock Parks and Recreation Commission was created by the passage of
Ordinance No. 18,803. This eleven (11) member Commission meets once a month and has specific
duties and responsibilities which are outlined in Chapter 2 of the Code of Ordinances; including the
review of specific park projects.
Staff believes it is now appropriate to remove that responsibility from the Planning Commission.
Establishment of PR zoned properties through the City's land use plan and zoning will continue to be the
responsibility of the Planning Commission and Board of Directors.
SUGGESTED TEXT: ( )
Amend Section 36- 322.(b)(4) to read as follows:
(1) The city staff shall present any plans for the development of a property within the PR park and
recreation district to the parks and recreation commission at a public meeting and shall
demonstrate that the proposed development, or redevelopment, plans are consistent with the
goals expressed in the Little Rock Parks and Recreation Master Plan. This presentation is for
information purposes only, and no formal action is required unless a majority of the members of
the parks and recreation commission vote to approve a motion that states:
a. That the city staff is in error; and
b. The proposed plan is totally inconsistent with goals and vision of the Little Rock Parks and
Recreation Master Plan; and
c. That the city board of directors should review the presented plan to determine if it is consistent
with the Little Rock Parks and Recreation Master Plan; and
d. If such an affirmative vote is taken, provides to the city board of directors a written list of the
reasons that a majority of the members of the parks and recreation commission believe that
the proposal is inconsistent with the Little Rock Parks and Recreation Master Plan.
Page 13
2007 PROPOSED ORDINANCE AMENDMENTS
PROBLEM: Clarification of language in the
"UU" Urban Use District to state that
ground- mounted signs are permitted only as a
variance.
CURRENT ORDINANCE LANGUAGE:
Chapter 36., Section 36- 342(c)(11)
SOURCE: Staff
DRAFT 2
DATE November 14, 2007
(11) Signs. Off - premises, pole and monument signs are not allowed; otherwise, permitted signs shall be
as in section 36 -553, signs permitted in institutional and office zones, of this chapter. On the street
level, the maximum area of signage may be doubled if at least fifty (50) percent of the street -level
office and retail space has direct access to the street.
STAFF REPORT: (
With the initial adoption of the Urban Use zoning downtown, it was envisioned that new buildings would
be required, in many instances, to be built to the front property line. Signage was focused on building
mounted type signs that would be more appropriate for a pedestrial oriented area. The "UU" District
encompasses a large area of downtown with varying types of development, some pedestrian oriented
and some vehicle oriented. In some cases it is appropriate to allow ground signs. Staff believes it is
appropriate to allow review of such requests on a case by case basis as a variance through the Board of
Adjustment.
SUGGESTED TEXT: (
Amend Chapter 36., Section 36- 342(c)(11) to read as follows:
(11) Signs. Off - premises signs are not allowed. Ground mounted signs are discouraged and may only
be permitted as a variance as per Division 2 of this chapter. Otherwise, permitted signs shall be as
in section 36 -553, signs permitted in institutional and office zones, of this chapter. On the street
level, the maximum area of signage may be doubled if at least fifty (50) percent of the street -level
office and retail space has direct access to the street.
Page 14
2007 PROPOSED ORDINANCE AMENDMENTS
PROBLEM: Create a maximum size for
allowable company or organizational flaps.
SOURCE: Staff
DRAFT 2
DATE November 14, 2007
CURRENT ORDINANCE LANGUAGE:
Sec. 36 -550. Signs permitted in all zones.
The following signs are permitted in all zones.
(6) One (1) company or organizational in flag that can be displayed from a permanently mounted flag
pole.
STAFF REPORT: (
Staff responded to a complaint regarding what was thought to be an excessively large company flag. It
was determined that there is no language in the code limiting the size of company flags. The Code does
limit the size of banners to 100 square feet. Staff believes it is appropriate to limit properly mounted
company or organizational flags to the same size since they do function much like a sign.
SUGGESTED TEXT: (
Amend Chapter 36., Section 36- 550.(6) to read as follows:
(6) One (1) company or organizational flag, not to exceed one hundred (100) square feet in area, that
can be displayed from a permanently mounted flag pole.
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