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ORDINANCE NO. 19,395
3 AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF
4 ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS
5 PROVIDING FOR MODIFICATION OF VARIOUS PROCEDURES,
6 DEFINITIONS AND LAND USE REGULATIONS; AND FOR OTHER
7 PURPOSES.
8
9 WHEREAS, it has been determined by the Little Rock Planning Commission that
10 it is appropriate to make certain modifications to Chapter 36 of the Code of Ordinances
11 of the City of Little Rock, the Zoning Ordinance, related to certain uses which are
12 residential in nature; and
13 WHEREAS, the proposed modifications were presented and discussed at a
14 public hearing of the Little Rock Planning Commission where the Planning Commission
15 voted to recommend approval of the modifications.
16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
17 OF THE CITY OF LITTLE ROCK, ARKANSAS.
18 Section 1. That various provisions of Chapter 36. be amended as follow:
19 Subsection (a). That Chapter 36., Section 36 -2. be amended by deleting
20 the definition of "family" in its entirety and replaced with a new definition to
21 read as follows:
22 Family means, in addition to customary domestic servants, the following:
23 (1) An individual or two (2) or more persons related by blood, marriage or
24 adoption, maintaining a common household in a dwelling unit; or
25 (2) A group of not more than four (4) persons who are not related by blood,
26 marriage or adoption, living together as a common household in a
27 dwelling unit.
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1 This definition of family is established for the purpose of preserving the character
2 of residential neighborhoods by controlling population density, noise
3 disturbance and traffic congestion, and shall not be applied so as to prevent the
4 city from making reasonable accommodation where the city determines it
5 necessary to afford handicapped persons living together in a household equal
6 access to housing pursuant to the federal Fair Housing Amendments Act of 1988.
7 Subsection (b). That Chapter 36., Section 36- 104.(a) be amended to
8 provide for the deletion of certain text and to then read as follows:
9 (a) Due to their nature and impact on properties in the general vicinity,
10 correctional facilities and homeless shelters shall require a conditional use
11 permit in all zoning classifications.
12 Subsection (c). That Chapter 36., Section 36- 107.(15) be amended to
13 provide for the deletion of the following text which begins on line number 2 of
14 that subsection:
15 "and establishments of a religious, charitable or philanthropic
16 organization or establishment for the care of alcoholic, narcotic or
17 psychiatric patients which provide residential treatment or temporary
18 housing"
19 Subsection (d). That Chapter 36., Section 36 -3. be amended to provide for
20 the deletion of certain text within the opening paragraph and the insertion of
21 new text and to then read as follows:
22 The following definitions and explanatory notes supplement, restrict, and
23 define the meaning and intent of the use regulations in this chapter. The
24 first eighteen (18) uses listed are residential in nature and have been
25 grouped at the top of the list. Other uses follow in alphabetical order:
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1 Subsection (e). That Chapter 36., Section 36 -3. be amended to provide for
2 the deletion of the following defined terms from their current location within that
3 Section and the insertion of those definitions in alphabetical order in the first
4 (residential uses) part of Section 36 -3.:
5 bed and breakfast house; college dormitory; correctional facility; family
6 care facility; group care facility; housing, elderly; orphanage
7 Subsection (f). That Chapter 36., Section 36 -3. be amended to provide for
8 the insertion of the following definitions to be inserted in alphabetical order in
9 the first (residential uses) part of Section 36 -3.:
10 Group home means a facility that does not fall within another defined
11 facility category within Sec. 36 -3 and which provides housing in a family -
12 like environment to more than four (4) handicapped individuals. This use
13 is permitted only as a special use as designated in this Chapter.
14 Parolee or probationer housing facility means a residential facility dedicated
15 to providing housing for one (1) or more parolees who have been released
16 from the Arkansas Department of Correction as a parolee through the
17 Arkansas Post Prison Transfer Board or one (1) or more probationers who
18 have been released by a Circuit or federal District Court to a residential
19 probation program, or a combination of such parolees and probationers.
20 A parolee's or probationer's home or the home of a family member of
21 such a person shall not be considered a facility for purposes of this
22 Chapter.
23 Subsection (g). That Chapter 36., Section 36- 253.(b)(5) be amended to
24 provide for the addition of the following listed uses:
25
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1 d. family care facility
2 e. group care facility
3 f. group home
4 g. parolee or probationer housing facility
5 h. rooming, lodging and boarding facility
6 Subsection (h). That Chapter 36., Section 36- 54.(e) be amended to provide
7 for the addition of a new subsection (4) to read as follows:
8 (4) family care facility, group care facility, group home, parolee or
9 probationer housing facility, rooming, lodging and boarding facility:
10 (a) Separation, spacing and procedural requirements for family
11 care facilities, group care facilities, group homes, parolee or probationer housing
12 facilities and rooming, lodging and boarding facilities will be determined by the
13 planning commission so as not to adversely impact the surrounding properties
14 and neighborhood. Unless the commission determines that a different area is
15 more appropriate, a neighborhood shall be defined as an area incorporating all
16 properties lying within one thousand five hundred (1,500) feet of the site for
17 which the permit is requested.
18 (b) There shall be a presumption that a special use permit for a
19 group home of 5, 6, 7, or 8 handicapped persons will be granted if all ordinance
20 requirements are met, except that individuals whose tenancy would constitute a
21 direct threat to the health or safety of other individuals or whose tenancy would
22 result in substantial physical damage to the property of others shall not be
23 allowed in such a home.
24 (c) Issues that the planning commission will consider during its review of
25 a family care facility, group care facility, group home, parolee or probationer
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1 housing facility, or rooming, lodging and boarding facility include, but are not
2 limited to:
3 1. Spacing of existing similar facilities.
4 2. Existing zoning and land use patterns.
5 3. The maximum number of individuals proposed to be served, the
6 number of employees proposed and the type of services being
7 proposed.
8 4. The need and provision for readily accessible public or quasi - public
9 transportation.
10 5. Access to needed support services such as social services agencies,
11 employment agencies and medical service providers.
12 6. Availability of adequate on -site parking.
13 (d) The fire marshal must approve the use of any structure
14 proposed as a family care facility, group care facility, group home, parolee
15 or probation housing facility or rooming, lodging and board facility.
16 (e) Family care facilities, group care facilities, group homes and
17 parole or probation housing facilities shall be operated within any and all
18 applicable licensing and procedural requirements established by the State
19 of Arkansas.
20 (f) Community- based, state - licensed, and supervised residential
21 homes providing a single family environment for developmentally
22 disabled persons (as defined in Ark. Code Ann. 20 -48 -603) are exempt
23 from any requirement to obtain a conditional use permit or special use
24 permit as follows:
25
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1 1. Homes for not more than eight (8) such persons are permitted in all
2 residential zones.
3 2. Homes for more than eight (8) but fewer than 16 such persons are
4 permitted in all zoning districts where multi- family uses are allowed.
5 Subsection M. That Chapter 36., Section 36 -54 be amended to provide for
6 the addition of a new subsection (h) to read as follows:
7 (h) Accommodation. Should an applicant believe that circumstances make
8 it necessary to seek an accommodation from the requirements of this section,
9 the applicant is responsible for submitting a request to the city's planning
10 staff setting forth in detail the needed accommodation. The request shall
11 subsequently be referred to the planning commission for a decision on the
12 request.
13 Section 2. Severability. In the event any title, section, paragraph, item, sentence,
14 clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
15 unconstitutional, such declaration or adjudication shall not be affect the remaining
16 portions of the ordinance which shall remain in full force and effect as if the portion so
17 declared or adjudged invalid or unconstitutional were not originally a part of the
18 ordinance.
19 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that
20 are inconsistent with the provisions of this ordinance are hereby repealed to the extent
21 of such inconsistency.
22 Section 4. Emergency Clause. Whereas, it has been determined that it is
23 necessary that the proposed amendments become effective immediately to protect the
24 quality of life in residential neighborhoods; an emergency is hereby declared and this
25 Ordinance shall take effect immediately upon its passage.
26
27 PASSED: September 6, 2005
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1 ATTEST:
2
3
4 Nanc Wood, ity Clerk
5
APPROVED:
0
1 /W
ji6b ailey, Mayor
6 APPROVED AS TO LEGAL FORM:
7 l
8
9 Thomas M. Carpenter, CitykAttorney
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