20407I Ill
IRCUiT °''•,,
2011010175 Received: 2/1712011 9:29:19 AM
Recorded: 02/17/2011 09:36:37 AM Filed &
Recorded in Official Records of Larry Crane,
- PULASKI COUNTY CIRCUITICOUNTY CLERK
i Fees $30.00
ORDINANCE NO. 20,407
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3 AN ORDINANCE TO AMEND CHAPTER 36 OF THE CODE OF ORDINANCES
4 OF THE CITY OF LITTLE ROCK, ARKANSAS, TO PROVIDE FOR MODIFI-
5 CATION OF VARIOUS PROCEDURES, DEFINITIONS, LAND USE REGULA-
6 TIONS, DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
7
8 WHEREAS, it has been determined that a regular review of the this Chapter is appropriate; and
9 WHEREAS, it has been determined that several modifications are appropriate at this time;
10 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
11 OF LITTLE ROCK, ARKANSAS.
12 Section 1. That various provisions of Chapter 36 of the Code of Ordinances of the City of Little
13 Rock, Arkansas, be amended as follows:
14 Subsection (a). That Chapter 36, Section 36- 300.(c)(1) be amended to provide for the dele-
15 tion of "private club with dining or bar service ", currently listed as item "fff' and the serial structur-
16 ing of the remaining items accordingly.
17 Subsection (b). That Chapter 36, Section 36- 300.(c)(2) be amended to provide for the alpha -
18 betical insertion of a new conditional use titled "private club with dining or bar service" and the serial
19 restructuring of the remaining items accordingly.
20 Subsection (c). That Chapter 36, Section 36- 301.(c)(1) be amended to provide for the dele-
21 tion of "private club with dining or bar service" currently listed as item "qqq" and the serial restruc-
22 turing of the remaining items accordingly.
23 Subsection (d). That Chapter 36, Section 36- 301.(c)(2) be amended to provide for the alpha -
24 betical insertion of a new conditional use titled "private club with dining or bar service" and the serial
25 restructuring of the remaining items accordingly.
26 Subsection (e). That Chapter 36, Section 36 -342. L(d) be amended to provide for the addition
27 of new text and to then read as follows:
28 (d) Use regulations.
29 (1) Permitted uses. Unless otherwise indicated, uses permitted shall include all
30 those allowed in the residential districts, office districts and commercial dis-
31 tricts as "permitted uses ", in this chapter. All uses must be inside or enclosed
32 except areas of outdoor dining as specified below:
33 Eating places shall be permitted to have an area of outdoor dining subject to
34 compliance with the following provisions.
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I a. The area of outdoor dining shall not be located in the public right -of -way
2 nor shall it obstruct pedestrian movement, fire lanes, access to any busi-
3 ness or areas designated for access by the physically impaired.
4 b. The number of seats in the area of outdoor dining shall not exceed 50%
5 of the number of seats within the eating place.
6 C. Compliance with applicable state and county health regulations.
7 d. The area of outdoor dining shall not be located between the building oc-
8 cupied by the eating place and adjacent residentially zoned properties.
9 e. This subsection shall not be deemed to permit signage or structural al-
10 terations such as canopies or walls regulated elsewhere in this chapter.
11 (2) Conditional uses. Conditional uses shall include those allowed in the Light In-
12 dustrial 1-2" District as "permitted uses ", in this Chapter 36. Except that all
13 uses must be inside or enclosed.
14 Other conditional uses: Commercial surface parking lot. Private club with
15 dining or bar service.
16 Subsection (f). That Chapter 36, Section 36 -3. be amended to provide for the alphabetical in-
17 sertion of a new defined use to be titled "event center" to read as follows:
18 Event center means any privately owned property, building or portion of a building,
19 the primary purpose of which is to be rented or leased for parties, entertainment func-
20 tions, conventions, conferences, seminars, assemblies or meetings. This definition
21 shall not include those facilities, banquet halls or meeting facilities which are an an-
22 cillary use to a permitted use within a zoning district.
23 Subsection (g). That Chapter 36, Section 36- 300.(c)(2) be amended to provide for the alpha -
24 betical insertion of a new conditional use titled "event center" and the serial restructuring of the re-
25 maining items accordingly.
26 Subsection (h). That Chapter 36, Section 36- 301.(c)(2) be amended to provide for the alpha -
27 betical insertion of a new conditional use titled "event center" and the serial restructuring of the re-
28 maining items accordingly.
29 Subsection (i). That Chapter 36, Section 36- 342.1.(d) be amended to provide for the addition
30 of new text and to then read as follows:
31 (2) Conditional uses. Conditional uses shall include those allowed in the Light In-
32 dustrial "I -2" District as "permitted uses ", in this chapter 36. Except that all
33 uses must be inside or enclosed.
[Page 2 of 4]
I Other conditional uses: Commercial surface parking lot. Private club with dining or
2 bar service. Event center.
3 Subsection 0). That Chapter 36, Section 36 -107, be amended to provide for the addition of a
4 new subsection (15) to read as follows:
5 (15) Separation requirements for event centers shall be determined by the planning
6 commission so as not to adversely impact the neighborhood. Event center review shall con-
7 sider the following additional requirement:
8 (a) An event center shall not be located within 750 feet of the following:
9 (1) A church or other religious facility.
10 (2) A sexually- oriented business as defined by Chapter 17 of the Code of
11 Ordinances.
12 (3) A public or private elementary, secondary or post- secondary school,
13 a day care center or any facility that operates programs for children
14 or youth.
15 (4) Any single - family or multifamily residential use, except a hotel or
16 motel, or a residential use that is within a unified development that
17 contains both the event center and the residential use.
18 (b) For the purposes of Subsection (a) of this section, measurement shall be
19 made in a straight line, without regard to intervening structures or objects,
20 from the nearest portion of a building or structure proposed for occupancy
21 as an event center to the nearest property line of any use listed in subsec-
22 tion (a).
23 Subsection (k). That Chapter 36, Section 36 -107, be amended to provide for the addition of a
24 new subsection (16) to read as follows:
25 (16) Separation requirements for private clubs shall be determined by the planning
26 commission so as not to adversely impact the neighborhood. Private club review shall con -
27 sider the following additional requirement:
28 (a) A private club shall not be located within 750 feet of the following:
29 (1) A church or other religious facility.
30 (2) A sexually- oriented business as defined by Chapter 17 of the Code of
31 Ordinances.
[Page 3 of 41
1 (3) A public or private elementary, secondary or post- secondary school, a
2 day care center or any facility that operates programs for children or
3 youth.
4 (4) Any single - family or multifamily residential use, except a hotel or motel,
5 or a residential use that is within a unified development that contains
6 both the private club and the residential use.
7 (b) For the purposes of subsection (a) of this section, measurement shall be made
8 in a straight line, without regard to intervening structures or objects, from the
9 nearest portion of a building or structure proposed for occupancy as a private
10 club to the nearest property line of any use listed in subsection (a).
11 Section 2. 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 adju-
13 dication shall not affect the remaining portions of the ordinance which shall remain in full force and effect
14 as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordi-
15 nance.
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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. The need for immediate implementation of these regulations is necessary to
address law enforcement and fire code problems with event centers and private clubs and, therefore, is
crucial to protect the public health, safety and welfare; an emergency is, therefore, declared to exist and
this ordinance shall be in full force and effect from and after the date of its passage.
PASSED: February 15, 2011
23 ATTEST:
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25
26 Susan�gle3, ity Clerk
27 APPR D AS TO LEGAL FORM:
28
29�
30 Thomas M. Carpenter, City Att ney
31 U
32 11
33 H
34 11
Mark Ntodola, Mayor
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