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20310PULASKI COUNTY CIRCUITICOUNTY CLERK 2010056740 Received: 9/14/2010 1:58:30 PM Recorded: 09!14/2010 02:04:04 PM Filed & Recorded in Official Records of PAT O- BRIEN, PULASKI COUNTY CIRCUITICOUNTY CLERK Fees $45.00 1 ORDINANCE NO. 20,310 2 3 AN ORDINANCE TO AMEND THE RIVER MARKET DESIGN OVERLAY 4 DISTRICT CHAPTER 36, SECTION 36 -350 THROUGH 36 -367, PURSUANT TO 5 THE DESIGN OVERLAY AUTHORITY OF CHAPTER 36 OF THE CODE OF 6 ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, AND FOR 7 OTHER PURPOSES. 8 9 WHEREAS, the River Market Ordinance Review Committee appointed by the City Manager has 10 reviewed the ordinance and proposed changes during its scheduled meetings, and; 11 WHEREAS, the River Market Design Review Committee appointed by the Mayor and the Board of 12 Directors has reviewed the ordinance and proposed changes, and; 13 WHEREAS, the area residents and business owners have reviewed the ordinance and proposed 14 changes, and 15 WHEREAS, the Little Rock Planning Commission reviewed the Design Overlay District revisions at 16 its' informal meeting and its regular meeting and recommended approval at a public meeting to which 17 area property owners were invited. 18 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 19 OF LITTLE ROCK, ARKANSAS. 20 Section 1. That Chapter 36, Section 36- 351(b) be deleted in its entirety and replaced with new text 21 to read as follows: 22 (b) District boundaries. The district encompasses all parcels within the area 23 described as: Beginning at the intersection of the center lines of Second Street and 24 Cumberland Street (southeast corner of Block 35 Original City of Little Rock), east along 25 the center line of Second Street to the centerline of the southbound lanes of Interstate 30, 26 thence north along the centerlines of the southbound lanes of Interstate 30 for a distance 27 of 600 feet, thence northwesterly parallel to President Clinton Avenue to the center of the 28 right -of -way for Cumberland Street, thence southerly along the centerline of Cumberland 29 Street to the point of beginning. The district is further identified on the map attached as 30 exhibit "A ". To the extent required by law, the City zoning map shall be amended to 31 graphically display the district. 32 33 Section 2. That Chapter 36, Section 36 -353 be deleted in its entirety and replaced with tL0Sv�(e It qCU ' 4 34 read as follows: -4 ti s'os J q J [Page 1 of 71 'a3 1 2 3 4 5 6 7 8 9 10 11 12 13 IL'I 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 See. 36 -353. Signs. (a) Signs in general. (1) Location. a. Signs shall not hide significant architectural detail or features of a building. b. Signs shall not visually clutter nor interfere with views of the building. c. Wall signs shall be confined to the flat surface of the building and shall not project more than five (5) inches from the building facade. d. Signs shall not be painted directly on the face of a building. e. Awning valences are appropriate locations for signage. f. Freestanding signage is prohibited. g. Signs shall be adequately spaced from other signs. h. All signs must face public street right -of -way except those permitted on facades facing the Arkansas River. (2) Appearance. a. Signs shall be compatible with the architecture of the building on which it is located. b. Design of signs shall capitalize on the special character of the District. c. Window signs shall not cover more than 25% of each glass panel. d. Awning signs shall not exceed twelve (12) square feet per awning. e. Neon illumination is permitted. f Internally illuminated signs are prohibited. g. In accordance with federal law, businesses with registered trademarks are allowed to display the mark in signage which otherwise complies with City sign regulations. h. Advertising copy on signs is prohibited. i. Materials used in signs shall be sensitive to signs and architecture on adjacent sites. (3) Nonconforming signs. Signs existing prior to July 9, 1996, (the first adoption of the River Market design overlay district) shall be considered nonconforming. Nonconforming signs shall be permitted to be renovated or maintained. No change shall be made to the shape or size of the signage without approval of the DRC. (b) Signs on public buildings. Signs on public buildings shall conform to the standards outlined in this DOD with the exception of signs that have significant architectural detail, [Page 2 of 71 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 or signs that serve as an entrance to Riverfront Park and are otherwise consistent with the DOD standards. These exceptions may only be approved by the Board of Directors. (c) Wall signs located on or facing public street rights of ways or private streets (1) Location. a Except as permitted in subsection (b), the maximum sign height on a building shall not extend above the second floor windowsill or above the overhang of a single -story building. b. Signs shall not number more than three (3) per business. (2) Appearance. Signs shall not exceed %2 of a square foot of sign area for each linear foot of primary street building frontage, not exceeding twenty -five (25) square feet per sign. (3) Sign illumination. Internally lit signs are prohibited. When signs are externally lit, they shall be illuminated from a concealed source of light or a decorative source that is integral to the design of the sign. (d) Signs on facades facing the Arkansas River. The buildings having facades facing the river present a unique opportunity to create their own character on the facades that share views with the amphitheatre and the river. These facades shall compliment the festive atmosphere that has been established by the Riverfest Amphitheatre and the River Market building. (1) Location. a. Building signs shall not extend above the overhang of the roof. b. Signs shall not number more than three (3) per business. (2) Appearance. Signs shall not cover more than 10% of the facade facing the river. (3) Sign illumination. Internally lit signs are prohibited. When signs are externally lit, they shall be illuminated from a concealed source of light or a decorative source that is integral to the design of the sign. (e) Projecting signs. (1) Location. a. Projecting signs shall maintain a nine (9) -foot clearance in all pedestrian walkways and a thirteen (13) -foot clearance over vehicular use areas, i.e. alleys and driveways. b. Height of projecting signs shall not extend past the sill of the second story windows. [Page 3 of 7] I c. Projecting signs shall extend a maximum of three (3) feet from the face of the 2 building. 3 d. The number of projecting signs shall be limited to one (1) sign per 100 feet of 4 primary street frontage per building. 5 e. Projecting signs shall be placed at a 900 angle to the building. 6 f. Signs shall be spaced so not to conflict or obscure other signage. 7 (2) Appearance. 8 a. Projecting signs shall have a maximum of twenty five (25) square feet of sign 9 face per sign. 10 b. Thickness of projecting signs shall be limited to twelve (12) inches. 11 c. Signage colors, typeface, and style shall be compatible with the district. 12 (3) Sign illumination. 13 a. Internally lit signs are prohibited. When projecting signs are externally lit, they 14 shall be illuminated from a concealed source of light or a decorative source that 15 is integral to the design of the sign. 16 b. Neon is permitted on projecting signs. No movement, flashing, or change of 17 illumination level shall be permitted on signs. Each neon sign shall have a one - 18 year maintenance review, by City Staff, for functionality. 19 (f) Sandwich board signs. 20 (1) Location. 21 a. Sandwich board signs shall be located within the brick planting strip portion of 22 the sidewalk. 23 b. Signs shall not number more than one (1) per business. 24 c. Signs shall be displayed only when the business is open for business and shall be 25 removed from the exterior of the building when the business is closed. 26 d. Signs shall have a minimum spacing of one (1) per twenty -five (25) linear feet of 27 sidewalk not to exceed six (6) per block face. 28 (2) Appearance. 29 a. Signs shall be no larger than twenty -four (24) inches wide and thirty-six (36) 30 inches tall per face with a total height not to exceed thirty -six (36) inches. 31 b. Merchants shall limit the wording on the signage to effectively use the space. 32 c. Signs shall have a wooden or simulated wooden frame that encases and supports 33 the message area. Molded plastic or metal construction is prohibited unless 34 encased in wood or simulated wood trim. [Page 4 of 71 I d. Signs shall be kept in a tidy and clean condition and maintained in good repair. 2 Signs shall be stable and weighted to resist overturning due to wind or accidental 3 pedestrian contact. 4 e. All individually changeable letters, tacking of flyers or loose leaf pages, and 5 poster boards on signs are prohibited. Chalkboards and dry -erase boards are 6 permitted. 7 f. Balloons, ribbons, streamers, and other decorative attachments are prohibited. 8 (3) Signs shall not be illuminated. 9 (4) A franchise permit and sign permit for a permanent type sign shall be required for all 10 sandwich board signs. 11 Section 3. That Chapter 36, Section 36- 356(d) be deleted in its entirety and replaced with new text 12 to read as follows: 13 (d) Style andform. 14 (1) Height Regulations. No building hereafter erected or structurally altered shall exceed 15 a height of sixty (60) feet. 16 (2) Buildings shall maintain the distinction between upper and street levels. 17 (3) Historical context of buildings shall be restored to original designs. 18 Section 4. That Chapter 36, Section 36- 358(a)(5) be amended to provide for the deletion of certain 19 text and the addition of new text and to then read as follows: 20 (5) Second Street from Interstate 30 and Cumberland Street shall be Ginkgo biloba, 21 Ginkgo. 22 Section 5. That Chapter 36., Section 36 -366 be amended to provide for the insertion of new text and 23 to then read as follows 24 The City shall maintain all sidewalks, lights, landscaped planting areas, trees, grates, pavers, 25 streets, curbs, gutters, irrigation systems, benches, trash receptacles, litter removal, street lighting 26 and sidewalk lighting. 27 Section 6. That Chapter 36., be amended to provide for the insertion of a new subsection to read as 28 follows: 29 Sec.36- 366.1 Exceptions: 30 Property that cannot be developed for any reasons without violating the standards of this 31 article and that creates new or additional space shall be reviewed through the planned zoning 32 district (PZD) section of the zoning ordinance, with the intent to devise a workable development 33 plan which is consistent with the purpose and intent of the overlay standards. All other requests 34 for variances for the overlay standards shall go to the Board of Adjustment. [Page 5 of 7] 1 Section 7. That Chapter 36, Section 36 -367 be amended to provide for the deletion of certain text 2 and the addition of new text and to then read as follows: 3 (a) Design review committee (DRC). A DRC shall be appointed by the board of directors to 4 protect the visual integrity of the district, consisting of five (5) persons as follows: 5 (1) Two (2) representatives from the district selected from a list recommended by 6 property owners within the district. Representatives shall include a letter of 7 recommendation from a property owner in the district. Members of the committee 8 serving as property owners or representatives of property owners shall not be 9 required to be residents of the City of Little Rock. 10 (2) Two (2) design professionals with experience in historic preservation such as an 11 architect, engineer, planner or landscape architect. 12 (3) A representative from the Downtown Partnership. 13 The appointments to the DRC shall be arranged so the term of at least one (1) 14 member will expire each year, and their successors shall be appointed in a like 15 manner for terms of three (3) years. Members who are appointed to fill vacancies for 16 unexpired terms shall join the DRC at the next meeting following their appointment 17 and confirmation. 18 (b) Vacancies. Vacancies to the committee shall be advertised in a newspaper. 19 (c) Submission of proposals. The developer or designer of exterior improvements to a 20 structure in the district shall meet with the DRC prior to request for a permit. No permit 21 shall be issued unless the DRC has approved the proposal. The DRC will meet on call as 22 projects are filed with the Planning Staff. A written record of the review and 23 recommendation will be forwarded to the planning commission or board of zoning 24 adjustment on proposals not meeting the design guidelines established by the DOD. 25 (d) Authority of the DRC The DRC shall function with a primary goal of providing 26 substance and governance to the DOD guidelines. This includes: 27 (1) Providing district businesses with guidance in adhering to the DOD guidelines. 28 (2) Provide recommendations on all building permits, signs, banners, franchises, zoning 29 and subdivision applications within the district. 30 (3) Timely review and recommendations on all variance applications made by property 31 owners within the district. 32 (4) Maintaining a comprehensive report of all variances permitted from the City zoning 33 and planning ordinances and regulations within the district. [Page 6 of 71 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 34 35 (5) Forwarding to the planning commission or board of zoning adjustment a review and recommendation of all proposals that do not meet the established guidelines as established by Sec. 366.1 of this Chapter. Section S. That the ordinance shall take effect and be in full force from and after its passage and approval. Section 9. Severability. In the event any portion of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this 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 this ordinance. Section 10. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict with any provision of this ordinance are hereby repealed to the extent of such conflict. PASSED: September 7, 2010 ATTEST: APPROVED: APPROVED AS TO LEGAL `FORM: � Thomas M. Carpenter, City At rney // // // // // // // // // // // // [Page 7 of 7] Stodola,