202552010022890 Received: 412212010 1 :38 :34 PM
Recorded: 0412212010 01:45 :48 PM Filed &
Recorded in Official Records of PAT O'BRIEN,
PULA SKI COUNTY CIRCUIT/COUNTY CLERK
Fees $35.00
1 ORDINANCE NO. 20,255
2
3 AN ORDINANCE TO AMEND CHAPTER 36 OF THE CODE OF ORDINANCES
4 TO MODIFY CERTAIN LAND USE REGULATIONS AND DEFINITIONS; TO
5 CLARIFY REQUIREMENTS REGARDING CERTAIN ZONING DISTRICTS;
6 TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
7
8 WHEREAS, Ordinance No. 20,093 (March 31, 2009), now codified in article IV of chapter 20 of the
9 Code of Ordinances, was passed by the Board of Directors to maintain and improve the integrity and
10 value of the segment of housing comprised of manufactured homes and mobile homes, to the benefit of
11 the City's inhabitants and the City as a whole; and
12 WHEREAS, since the passage of Ordinance No. 20,093, the City Board of Directors determined that
13 it was necessary and desirable to implement a mobile home and manufactured home registration program
14 and other measures to implement enhanced maintenance of housing stock, resulting in passage of an
15 ordinance to that effect; and
16 WHEREAS, the passage of the ordinances requires changes in conflicting portions of the Code of
17 Ordinances in Chapter 36.
18 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
19 OF LITTLE ROCK, ARKANSAS:
20 Section 1: Section 36 -3 of the Little Rock Code of Ordinances is hereby amended to delete the last
21 sentence in the existing definition for "mobile home, preregulation" and replace it with a last sentence to
22 read as follows:
23 This structural type is expressly prohibited, whether for permanent or temporary
24 occupancy, in all zoning districts except the R -7 manufactured home park district. This
25 type of structure is also subject to the restrictions in sections 20 -81 and 36 -153.
26 Section 2: Subsection 36- 153(d) is hereby deleted in its entirety and replaced by a new subsection
27 36- 153(d) to read as follows:
28 (d) Preregulation mobile homes and manufactured homes. A preregulation mobile
29 home or a manufactured home lawfully placed prior to annexation or the effective date of
30 Ordinance No. 15,438 shall be a nonconforming use. Except as provided below, when
31 removed, a nonconforming preregulation mobile home shall not be returned or replaced
32 by a preregulation mobile home. A preregulation mobile home or manufactured home
33 may be replaced, however, by a manufactured home within a manufactured home park. In
[PAGE 1 OF 51
ORDINANCE
To amend Chapter 36 of the Code to modify certain definitions
and land use regulations and clarify zoning district requirements
I order to replace a nonconforming mobile home or manufactured home with a
2 manufactured home, when such home is not located within a manufactured home park,
3 the property must be rezoned to the R -7A district and site plan review approval obtained
4 or a conditional use permit obtained as required by this chapter.
5 Section 3. Section 36 -176 is hereby amended to delete the zoning district titled "R -7 mobile home
6 district" and replace it with a district titled "R -7 manufactured home park district ".
7 Section 4. Subsections 36- 202(a) and (b) are hereby deleted in their entirety and replaced by new
8 subsections 36- 202(a) and (b) to read as follows:
9 (a) The director of the city planning department may allow a temporary building or
10 manufactured home for commerce or industry in any district where such building is used:
11 (1) Incidental to construction on a site or development of a residential
12 subdivision; or
13 (2) As a temporary office, store, or other facility while the primary structure on
14 the same site is being remodeled or constructed.
15 (b) Such temporary building or manufactured home may be allowed for any period of
16 time up to one (1) year, after which a requested extension of time may only be granted by
17 the board of zoning adjustment.
18 Section 5. Section 36 -261 is deleted in its entirety and a new section 36 -261 is hereby added to read
19 as follows:
20 Section 36 -261. R -7 manufactured home park district.
21 (a) Purpose and intent. The R -7 manufactured home park district recognizes a
22 specific housing type that must be accommodated in the city. This section applies to such
23 district. This zoning district is created for the specific purpose of establishing reasonable
24 sites and providing for the development of manufactured home parks or courts at
25 appropriate locations. It is the intent of this chapter that this district be located so as to
26 not adversely affect the established residential development patterns and densities of the
27 city. Such location, however, shall have necessary public utilities, community facilities
28 and other public services, as well as a healthful living environment with the normal
29 amenities associated with other residential districts of the city.
30 (b) Development criteria. Unless otherwise specifically provided in this section, the
31 following development criteria shall apply to this district:
32 (1) All properties within this district shall be contiguous and shall be totally
33 developed under a unified site plan submitted to and approved by the planning
[PAGE 2 OF 5]
ORDINANCE
To amend Chapter 36 of the Code to modify certain definitions
and land use regulations and clarify zoning district requirements
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
commission. Criteria for submittal of the accompanying site plan shall follow the
guidelines set forth in this chapter.
(2) All landscaping, screening, open space and other common facilities shall be
provided and maintained by the manufactured home park.
(3) Common recreation space shall be provided at the rate of three hundred (300)
square feet per manufactured home or mobile home. Minimum size of any recreation
space shall be five thousand (5,000) square feet. All required recreational areas shall
be used solely for recreational purposes.
(4) A storage area shall be provided at a central location, at the rate of fifty (50)
square feet per manufactured home or mobile home for the storage of boats, campers,
and other items.
(5) All utility installations shall meet the requirements established by the
appropriate codes of the city.
(6) No manufactured home or mobile home space occupying a double frontage
lot shall take access on a dedicated public street.
(7) When a manufactured home park adjoins an area zoned or used as residential,
a permanent visual barrier shall be provided along the common property line or right -
of -way line. The developer or owner shall file a plan for the barrier as a component
of the plan and plat submitted for planning commission review. This provision shall
not apply to that portion of manufactured home parks adjacent to or facing across
street right -of -way.
(c) Use regulations.
(1) Permitted uses. Permitted uses are single- family manufactured homes with
self - contained sanitary facilities capable of being connected to a public or community
sanitary sewage collection system. In addition, mobile homes that were in existence
in an R -7 zoned district on April 20, 2010 are a permitted use.
(2) Permitted accessory uses.
a. Accessory buildings, including private garages, storage facilities,
children's playhouses and greenhouses.
b. Laundromat, vending machine center, recreation facilities and related
accessory uses incidental to the primary manufactured home use, provided that
such structures be exclusively for the use of the residents of the manufactured
home subdivision.
[PAGE 3 OF 5]
ORDINANCE
To amend Chapter 36 of the Code to modify certain definitions
and land use regulations and clarify zoning district requirements
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
(3) Temporary uses. Temporary uses allowable in the R -7 manufactured home
park district shall be the same as those in the R -1 single- family district.
(4) Conditional uses.
a. Single - family residential buildings.
(d) Height regulations. No manufactured home or mobile home or building hereafter
located, erected or structurally altered shall exceed a height of fifteen (15) feet.
(e) Area regulations.
(1) Site area. The minimum site area shall be five (5) acres.
(2) Exterior setback. The minimum setback from any property line shall be
twenty -five (25) feet.
(3) Interior setback. The minimum setback from any interior drive shall be
twenty (20) feet.
(4) Average tract width. The average width of a manufactured home park tract
shall be not less than fifty (50) feet.
(5) Separation. The minimum separation between homes, whether manufactured
homes or mobile homes, shall be twenty (20) feet.
(6) Density. The maximum allowable density in any manufactured home park
shall be eight (8) homes per gross acre.
(7) Awnings and carports.
a. May occupy only forty (40) percent of the required minimum spacing
between homes, whether manufactured homes or mobile homes.
b. Must be open from the ground to the roof structure; and
c. Must be constructed of noncombustible materials.
(8) Siting criteria. The siting of a manufactured home or mobile 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
manufactured home or mobile home.
Section 6. Subsection 36- 262(a) is deleted in its entirety and replaced by a new subsection 36- 262(a)
to read as follows:
[PAGE 4 OF 5]
ORDINANCE
To amend Chapter 36 of the Code to modify certain definitions
and land use regulations and clarify zoning district requirements
I (a) Purpose and intent. The R -7A manufactured home district recognizes a need for
2 manufactured home placement within the city. This section applies to such district. This
3 district provides for ownership of structure and lot for those homes approved by the
4 Department of Housing and Urban Development under title VI of Public Law 93 -383, 42
5 U.S.C. §5401 et seq. All manufactured homes must have the data plate attached to the
6 unit specifying it is designed to comply with federal manufactured home construction and
7 safety standards at the time of manufacture. This district expressly provides for
8 placement of a single manufactured home on a lot or tract zoned for such usage.
9 Section 7. The first sentence of subsection 36- 262(d)(2) is amended by deleting the word "mobile"
10 and replacing it with the word "manufactured ".
11 Section 8. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
12 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
13 adjudication shall not affect the remaining portions of the ordinance, which shall remain in full force and
14 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
15 ordinance.
16 Section 9. Repealer. All ordinances or resolutions of the City in conflict herewith are hereby
17 repealed to the extent of such conflict.
18 Section 10. Emergency. It has been determined that it is necessary that the proposed amendments
19 become effective immediately to protect the quality of life in residential neighborhoods; therefore, an
20 emergency is hereby declared and this ordinance shall take effect immediately upon its passage.
21
22
23
24
25
26
PASSED: April 20, 2010
27 APPROVED AS TO LEGAL FORM:
28
29
30 Thomas M. Carpenter, City Att r>< ey
31
32 //
[PAGE 5 OF 5]
ORDINANCE
To amend Chapter 36 of the Code to modify certain definitions
and land use regulations and clarify zoning district requirements
r
APPROVE
Mark Stodola, Mayor