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HomeMy WebLinkAbout22304 1 ORDINANCE NO. 22,304 2 3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE 4 CHAPTER 36, § 36-256 (1988), PROVIDING FOR THE MODIFICATION I 5 OF VARIOUS PROCEDURES AND LAND USE REGULATIONS 6 RELATED TO THE R-4, TWO-FAMILY DISTRICT, ZONING 7 CLASSIFICATION;AND FOR OTHER PURPOSES. 8 9 WHEREAS, it has been determined by the Little Rock Planning Commission that it is appropriate to 10 make certain modifications to the procedures and regulations contained within Chapter 36 of the Code of 11 Ordinances of the City of Little Rock,Arkansas related to R-4,Two-Family District; and, 12 WHEREAS,the proposed modifications were presented and discussed at a public hearing of the Little 13 Rock Planning Commission where the Planning Commission voted to recommend approval of the 14 modifications. 15 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 16 OF LITTLE ROCK,ARKANSAS. 17 Section 1. That various provisions of Chapter 36. be amended as follows: 18 Subsection (a). That Chapter 36., Section 36-256. (a)be amended to provide for the addition 19 of new text and to then read as follows: 20 a. Purpose and Intent. Two-family dwellings are an established development type in the 21 City. Such areas are deserving of protection in the form of reasonable standards which 22 will maintain and encourage two-family lot development at appropriate locations. The 23 purpose of the R-4, Two-family District, is two-fold: To provide areas for the 24 development of two-family dwellings and lots in spacious surroundings; and to 25 facilitate the conversion of one-family residences to two-family use in established 26 developed areas. This section applies to such District. It is the intent of this Chapter 27 that the R-4 District be located in both developed and undeveloped areas of the City 28 where an environment suitable for moderate-density residential use can be provided 29 and in established medium-density residential areas where conversions may facilitate 30 their continuation as desirable residential areas. Within the R-4 District,all buildings, 31 structures or uses having commercial characteristics shall be excluded, whether 32 operated for profit or otherwise. Accessory uses, conditional uses and home 33 occupations specifically provided for in this Chapter, however, shall be allowed 34 provided they do not have objectionable characteristics and provided further that they 35 otherwise conform to the provisions of this Chapter. (Page I of 51 1 Subsection(b). That Chapter 36.,Section 36-256.(b)(1)be amended to provide for the addition 2 of new text and to then read as follows: 3 1. Permitted Uses. Permitted uses are single-family and two-family residences and lots. 4 Two-family dwellings shall be attached by wall, roof and/or foundation; however, 5 subject to the area regulations and siting standards in 36-256(d)(7) two single-family 6 detached dwellings may be constructed as a two-family lot on a single lot or lot of 7 record. 8 Subsection (c). That Chapter 36., Section 36-256. (d)(1), (2), and (3) be amended to provide 9 for the addition of new text and to then read as follows: 10 1. Front-Yard. There shall be a front-yard setback having a depth of the lesser of not less 11 fifteen(15)feet from the front property boundary;or the average setback of the nearest 12 structures on each side if either of those structures have a setback on the same block 13 facing the same street of twenty-five(25)or fewer feet. 14 2. Side-Yard. There shall be a side-yard on each side of the building having a width of 15 not less than 10%of the average width of the lot, not to exceed five(5)feet measured 16 from the side boundaries of the property. Building overhangs,including but not limited 17 to, sills, cornices,ornamental projections, or eaves, may extend into the required side 18 yard setback provided that stormwater runoff is sufficiently collected or diverted so 19 that it does not create a hazard or detriment to adjacent property. No building overhang 20 or building feature may extend beyond the property boundary. 21 3. Rear-Yard. There shall be a rear-yard having a depth of not less than twenty-five(25) 22 feet from the rear property boundary;except on lots that do not conform to the lot area 23 regulations of(d)(4)and having a depth of less than 100 feet,there shall be a rear-yard 24 depth of not less than 10%of the depth of the lot. Building overhangs, including, but 25 not limited to, sills, cornices, ornamental projections or eaves, may extend into the 26 required rear yard setback provided that stormwater runoff is sufficiently collected or 27 diverted so that it does not create a hazard or detriment to adjacent property. No 28 building overhand or building feature may extend beyond the property boundary. 29 Subsection(d). That Chapter 36., Section 36-256. (d)(5)a, b, c,d, e, f, and h be amended and 30 renumbered to provide for the addition of new text, including the addition of new Subsections b 31 and c and to then read as follows: 32 5. Other area regulations and siting standards. 33 a. The following minimum siting standards shall apply to all instances of 34 placement of a manufactured home in the R-4, Two-Family District, by 35 Conditional Use Permit: (Page 2 of 51 1 1. A pitched roof of three(3) in twelve(12)or fourteen (14)degrees or 2 greater. 3 2. Removal of all transport elements. 4 3. Permanent foundation. 5 4. Exterior wall finished so as to be compatible with the neighborhood. 6 5. Orientation compatible with placement of adjacent structures. 7 6. Underpinning with permanent materials. 8 7. All homes shall be multisectional. 9 8. Off-street parking per single-family dwelling standard. 10 b. All dwellings on two-family lots, including two-family dwellings, shall be 11 constructed with separate,applicable utility connections unless it is expressly 12 acknowledged by the lot owner and contractor to whom the construction 13 permit is issued that an application for lot split shall be rejected by the director 14 of planning and development, and will not be considered by the Board of 15 Directors, unless: 1) the utilities serving the dwellings are reconstructed to 16 provide for distinct utility service to each dwelling; or 2) the property is 17 replatted as a horizontal property regime, pursuant to the Horizontal Property 18 Act [Ark. Code Ann. 18-13-101 et seq.]. 19 c. Any Storm-Water Drainage Plan submitted pursuant to this District Code shall 20 provide sufficient information to enable the Planning Department to identify: 21 1) the general direction of anticipated water flow; 2) the methods to be 22 employed in capturing or directing the flow of storm-water, including, not 23 I imited to,the use of gutters,buried drainpipes or rain swales;and 3)any other 24 information necessary for the understanding of the general storm-water 25 drainage concept on or for the benefit of the subject property to be employed 26 for the mitigation and avoidance of injury to surrounding properties. 27 Subsection (e). That Chapter 36., Section 36-256. (d) be amended to provide for the addition 28 of new Subsections (7), (7)a., (7)a.i,ii, and iii, (7)b., (7)b.i and ii, (7)c., (7)c.i,ii, iii, and iv and to 29 then read as follows: 30 7. Area Regulations and siting standards for two (2) single-family dwellings on one (1) 31 lot. The following minimum siting standards shall apply to all instances of 32 construction or placement of two single-family dwelling units constructed on one(1) 33 lot in the R-4, Two-Family District: 34 a. On corner lots: 35 1. Each dwelling shall front on a different street. I Page 3 of 51 1 2. The front dwelling shall abide by front-yard area regulations in 36- 2 256(d)(1), and side-yard area regulations in 36-256(d)(2). The 3 separation between the front dwelling and the rear dwelling shall be 4 not less than eight(8)feet unless appropriate Fire Protection Standards 5 are adequately depicted in construction documents and constructed to 6 meet the standards set out in the appropriate Building Code. 7 3. The rear dwelling shall have a front-yard setback with a depth of the 8 lesser of the side-yard setback of the front dwelling, or ten (10) feet 9 from the property boundary nearest the front of the rear dwelling. The 10 rear dwelling shall have a setback of not less than five (5) feet from 11 the rear of the structure to the property boundary behind the rear 12 dwelling. The side of the rear dwelling nearest the rear property 13 boundary shall have a setback of at least five (5) feet. The rear 14 dwelling may not occupy more than 30%of the rear-yard area required 15 by 36-156(d)(3). 16 b. On double frontage lots: 17 1. Each dwelling shall front on a different street. 18 2. Both dwellings shall be treated as having front-yards,and shall abide 19 by front yard area regulations in 36-256(d)(1), and side-yard area 20 regulations in 36-256(d)(2). The separation between the dwelling 21 units shall be not less than eight (8) feet unless appropriate Fire 22 Protection Standards are adequately depicted in construction 23 documents and constructed to meet the standards set out in the 24 applicable Building Code. 25 c. On lots that are neither corner lots or double frontage lots: 26 1. The front dwelling shall abide by front-yard area regulations in 36- 27 256(d)(1), and side yard area regulations in 36-256(d)(2). The 28 separation between the front dwelling and the rear dwelling shall be 29 not less than eight(8)feet unless appropriate Fire Protection Standards 30 are adequately depicted in construction documents and constructed to 31 meet the standards set out in the appropriate Building Code. 32 2. The rear dwelling resident shall be provided adequate, improved 33 access from the street right of way or parking area by a gravel or paved 34 path. [Page 4 0(51 1 3. The rear dwelling may be constructed as a dwelling unit over a garage 2 serving either dwelling, or as a stand-alone dwelling. 3 4. The rear dwelling may not occupy more than 30%of the rear-yard area 4 required by 36-I56(d)(3). The rear dwelling shall maintain at least a 5 ten (10)-foot setback from the rear-yard property line. 6 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 7 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 8 adjudication shall not affect the remaining portion so declared or adjudged invalid or unconstitutional was 9 not originally a part of the ordinance. 10 Section 3. Repealer.All laws, ordinances, resolutions, or parts of the same, that are inconsistent with 11 the provisions of this ordinance are hereby repealed to the extent of such inconsistency. 12 PASSED: August 15,2023 13 ATTEST: APPROVED: 14IP 15 MJLi 16 Allison Segars,Depu 4 lerk Frank Scott,Jr., Mayor 17 APPROVED AS TO LEGAL FORM: 18 4;:,...4k 19 20 Thomas M. Carpenter, City Attor 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // lPage 5 of 51