20016ORDINANCE NO. 20,016
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3 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LITTLE ROCK,
4 CHANGING SECTIONS 36- 154(b) and 36- 387(a); AND FOR OTHER PURPOSES.
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6 WHEREAS, the Board of Directors has determined that clarification is needed to certain provisions
7 of Chapter 36 of the Code of Ordinances.
8 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
9 ROCK, ARKANSAS:
10 Section 1. Section 36- 154(b) shalt be divided into two subsections, numbers (1) and (2), and the
I I existing language shall be replaced so that the section reads as follows:
12 Sec. 36 -154. (b) Damage or destruction.
13 (1) In the event that any structure that is devoted in whole or in part to a nonconforming
14 use is destroyed by fire, explosion or other casualty, or the public enemy, to the extent
15 of more than fifty percent (50 %) of the current replacement value immediately prior to
16 such damage, such structure shall not be restored unless such structure and use thereof
17 shall thereafter conform to all regulations of the zoning district in which such structure
18 and use are located. When such damage or destruction is fifty percent (50 %) or less of
19 the reasonable replacement value of the structure immediately prior to such damage,
20 such structure may be repaired and reconstructed and used for the same purposes as it
21 was before the damage or destruction; provided that such repair or reconstruction is
22 commenced and completed within twelve (12) months of the date of such damage or
23 destruction.
24 (2) Structures that were developed prior to the January 1, 1980 effective passage of this
25 Chapter 36 that complied with the then - existing standards for development but that
26 have been rendered substandard by subsequent regulations shall be termed
27 "preexisting conforming structures" and in the event of damage or destruction, may be
28 allowed to be built back to their original placement.
29 Section 2. Section 36 -387, Applications of regulations, subsection (a), shall be changed to read as
30 follows:
31 Sec. 36 -387. Application of regulations.
32 (a) The regulations of this district shall be in addition to and shall overlay all other zoning
33 districts and other ordinance requirements regulating the development of land so that
34 any parcel of land lying in the overlay district shall also lie within one (1) or more of
35 the other underlying zoning districts. Therefore, all property within this overlay district
36 shall have requirements of both the underlying and overlay zoning districts in addition
37 to any other provisions regulating the development of land. In case of conflicting
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Ordinance
To amend 5 36- 154(b) and Sec. 36- 387(a) of the Code of Ordinances
pertaining to damage or destruction and application of regulations.
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standards between this article and other city ordinances, the overlay requirements
shall control, with the exception that subsection 36- 154(b)(2) shall control for
structures with a footprint of ten thousand (10,000) square feet or more in area.
Section 3. 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 were not
originally a part of the ordinance.
Section 4. 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.
PASSED: August 19, 2008
ATTEST: APPROVED:
rJJ rX110
Nancy o;d, Citf Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City A orney
Ordinance
To amend 5 36- 154(b) and Sec. 36- 387(a) of the Code of Ordinances
pertaining to damage or destruction and application of regulations.
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Mark Stodola, Mayor