HomeMy WebLinkAbout15553DRAFT 5 - 1988
ORDINANCE NO. 15,553
AN ORDINANCE AMENDING CHAPTER 43.
OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS,
PROVIDING FOR CERTAIN DEFINITION
MODIFICATION AND PROCEDURAL REVISIONS;
AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS.
SECTION 1. That Chapter 43. of the Code of Ordinances be
amended as follows:
Subsection a. That Chapter 43., Article V, Section
5- 102.(a)1.c. be amended to provide for the deletion of
the word "towers" in sentence one, line two and read as
follows:
C. Any person desiring to erect church steeples,
chimneys, or similar ornamental structures in excess
of a height prescribed for the property according to
the zoning classification shall be permitted to do
so provided the structure does not exceed twice the
height permitted in the classification.
Su_bsec.t.,,i._o_n......b,._., That Chapter 43., Article V, Section
5- 102(a)1. be amended to provide for the insertion of a
new paragraph to read as follows:
d. For purposes of structural height regulation
applicability, Chapter 38. of the Code of
Ordinances, titled "Television and Radio Towers and
Antenna" shall control all placement of towers and
antenna associated with broadcasting or
communication both public and private.
Subsection c. That Chapter 43., Article VII, Section
7 -102.1 be amended to provide for the deletion of item
(b)i.g. multifamily dwellings (as per the "R -5"
District).
Su_bs.ec_t- i_on__d -.... That Chapter 43., Article VII, Section
7- 102.1(b) be amended to provide for the insertion of a
new conditional use listing between items j. and k. The
serial restructuring of items a. through p. accordingly
to read as follows:
k. Multifamily dwellings (per 11R -5" District).
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Subsection e. That Chapter 43., Article VII, Section
7- 103.1.(c) be amended to provide for the deletion of
items
e. Bar, lounge or tavern;
f. Beverage shop;
ff. Mortuary or funeral home;
mm. Private club with dining or bar service;
oo. Rooming or boarding and the serial
restructuring of items a. through yy.
accordingly.
S_ubs_e_c.t_i_on_._f.._ That Chapter 43, Article II, Section
2 -10- -2 -) be amended to provide for insertion of a new
use definition between items 122A and 123 and to read as
follows:
122.5 Small engine repair: A facility for the repair
and servicing of internal combustion engines
with a horsepower rating of ten (10) or less.
This use must be totally enclosed. No outside
display or storage.
Subsection...g...' That Chapter 43., Article VII, Section
7- 103.3.(c) be amended to provide for the insertion of a
new conditional use between items 2.o and 2.p, the serial
restructuring of items a. through r. accordingly to read
as follows:
P. Small engine repair
Subsection h. That Chapter 43., Article VII, Section
7- 103.4 {c) be amended to provide for the insertion of a
new permitted use between items 1.gg. and 1.hh., the
serial restructuring of items a. through 11. and to read
as follows:
hh. Small engine repair
S_ubse_c_t_i_on,_.i..._ That Chapter 43., Article VII,
Section 7- 104.2(c) be amended to provide for the
insertion of a new permitted use between items 1.ss. and
1.tt., the serial restructuring of items a. through zz.
and to read as follows:
tt. Small engine repair
Subsection ,_..j That Chapter 43., Article VII, Section
7- 102.1.(b) be amended to provide for the modification of
Item 1.m. to delete the last three (3) words in
parenthesis (with retail sales).
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Subsection ..._k...._ That Chapter 43., Article VII, Section
7 -102 -2 be amended to provide for the insertion of new
language within paragraph (c)1, item y. and to read as
follows:
Y. Studio (art, drama, speech, or similar skills)
(with retail sales)
Subsection 1. That Chapter 43. , Article V I I, Section
7 -102.3 be amended to provide for the insertion of new
language within paragraph (b)1 item x. and to read as
follows:
X. Studio (art, drama, speech, or similar skills)
(with retail sales)
Subsection m. That Chapter 43., Article II,
Section 7- 101.(b) be amended to provide for modification
of the language in definition no. 56 and to read as
follows:
56. Establishment of a Religious, Charitable or
Philanthropic Office: The offices and
activities sponsored or operated by
organizations established for religious or
philanthropic purposes, including but not
limited to homes for the aged, resident homes
for the indigent or handicapped, training and
educational facilities, and similar
establishments.
Subsection._._n_._. That Chapter 43., Article 11, Section
2- 102.(a) be amended to provide for the insertion of new
language within definition no. 50, and to read as
follows:
50. Lot Line, Front: The property boundary line
that runs common with and adjacent to a street
frontage or right -of -way separating such lot
from such street; in the case of a double
frontage lot or a corner lot, each line
separating such lot from the street shall be
considered a front lot line. For purposes of
the front yard requirements established by this
ordinance, only one street front yard setback
shall be required unless it is specifically
stated in the district provisions that a front
yard setback is required for all street
frontages.
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Subsection o. That Chapter 43., Article X, Section
5- 102.(a) be amended to provide for modification of the
language in paragraph 2.c. and to read as follows:
C. Accessory building or structures in the "R -1"
through "R -4" districts shall not be located
closer than 60 feet to the front property line,
15 feet from a street side line and may not
occupy more than 30 percent of the required
rear yard area. Accessory dwellings shall not
exceed the permitted land coverage allowed by
the district regulations.
S,ub_s_ec_t_io_n_._.p_._ That Chapter 43., Article VII, Section
7 -104.3 be amended to provide for the insertion of a new
paragraph to be titled (b) Development, the serial
restructuring of paragraph (a) through (d) accordingly to
read as follows:
(b) DEVELOPMENT CRITERIA:
Unless otherwise specifically provided for in
this section, the following development
criteria shall apply to this district.
Every use that is devoted to the
collection, storage, salvage, or scrapping
of automobiles, trucks, buses, or other
self - propelled vehicles shall provide on
all sides of such operations an eight (8)
foot opaque wall or fence. The fence or
wall shall be constructed or wood or metal
so as to preclude the passage of light or
air.
2. In addition to the screening requirements
of (b).1 of this section, all uses that
stack or pile the chassis or bodies of
vehicles shall be limited to a maximum
stacking height of fifteen (15) feet at
any point on the property. This
measurement shall be from the uppermost
point of the stack to ground elevation on
any side.
3. A twenty -five (25) foot landscaped strip
parallel to and abutting any boundary
street shall be provided and maintained by
the owner(s) and in which no parking shall
be allowed.
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Sub_s_e_c_t._on.___q_._. That Chapter 43., Article VII, Section
7- 102.2(c) be amended to provide for the deletion of item
(c)3.i. as a conditional use and the serial restructuring
of items a. through I. accordingly.
Subsect.- ion._._r,.._ That Chapter 43., Article VII, Section
7- 102.2(c} be amended to provide for the modification of
item (c)3.f. for purposes of adding additional language
and to read as follows:
f. High -rise multifamily (at a density not greater
than thirty (30) units per gross acre).
Subsection _s. That Chapter 43., Article 11, Section
2- 102(b) be amended to provide for the insertion of a new
definition to be titled 1147.1 Crematorium" and to read as
follows:
47.1 An establishment for the reduction of bodies to
ash by fire either directly or in ovens or a
retort. This use shall be conducted entirely
within an enclosed building.
Subs- ec_t_.i__o_n - - -,t .., That C h a p t e r 4 3 . , A r t i c l e 1 1, Section
2- 102(b) be amended to provide for the modification of
the language in definition number "91" and to read as
follows:
91. Mortuary or Funeral Home: A facility in which
deceased bodies are prepared for burial and
kept until burial, and in which funeral
services may be conducted. A crematorium may
be part of the services included within a full
service funeral home operation.
Subsection u.. That Chapter 43., Article VII, Section
7- 103.3(c) be That
to provide for the insertion of a
new permitted use between items t.z. and 1.aa. The
serial restructuring of items a. through aaaa. and to
read as follows:
aa. Crematorium
Subsection v_... That Chapter 43.,
7- 103.4(c) be amended to provide
new permitted use between items 1
restructuring of items a. through
follows:
n. Crematorium
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Article VII, Section
for the insertion of a
.m. and t.n. The serial
11. and to read as
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Subsection w. That Chapter 43., Article VII,
7- 104.2.(c) be amended for purposes of adding
permitted use to be numbered 1.s., the serial
restructuring of items a. through zz. and to
follows:
S. Crematorium
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Section
a new
read as
Subsection x. That Chapter 43. Article II Section
2- 102.(b) be amended to provide for the insertion of a
new definition to be numbered "(b)1.1," and to read as
follows:
1.1 Housing - Elderly: Three or more dwelling
units specifically designed and intended for
occupancy by the elderly. This use typically
provides ancillary services on -site, such as
transportation, recreation, and common dining
facilities. Density of development shall be
the measure of private sleeping accommodations
or beds. In no instance shall the unit density
per acre exceed that provided in the "R -5"
District.
Sub_se_c_t..ion_...y_... That Chapter 43., Article VII, Section
7- 101.5. {b) be amended to provide for the insertion of a
new permitted use as Item 1.a., the serial restructuring
of items a. through d. accordingly and to read as
follows:
a. Housing - elderly - (at 6 units per acre in
"MF -6" and 12 units per acres in "MF -1211).
Subsection z. That Chapter 43., Article VII, Section
7- f01.6(b] be amended to provide for the insertion of a
new permitted use as item 1.a., the serial restructuring
of items a, through d. and to read as follows:
a. Housing - elderly (at 18 units per acre in
"MF -18" and 24 per acre in "MF -24."
Subsection aa. That Chapter 43., Article VII, Section
_. _..._.._----..__..__..___..._.. _
7- 101.7(b) be amended to provide for the insertion of a
new permitted use as item Ia., the serial restructuring
of items a, through d., and to read as follows:
a. Housing - elderly (not to exceed "R -5" density)
Subsection bb. That Chapter 43., Article VII, Section 7-
101.8(c) be amended to provide for the insertion of a new
permitted use as item t.a., the serial numbering of items
within paragraph (C) 1., and to read as follows:
a. Housing - elderly (not to exceed "R -5" density)
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Su_bse_c_t..i.on..._cc.. That Chapter 43., Article V, Section
5- 102(a) be amended to provide for the modification of
language within paragraph (a) 2.a. and to read as
follows:
a. Every part of a required yard, except as
provided herein, shall be open from its lowest
point to the sky unobstructed, except for the
ordinary projection of sills, cornices,
buttresses, ornamental features, and eaves,
provided, however, that none of the above
projections shall project into a minimum side
yard more than twenty -four inches. This shall
be deemed to include chimneys, covered stoops,
and other elements which are a permanent
feature of the building.
The Planning Director shall have specific
authority to grant a variance from this
provision provided the encroachment will not
extend into a required yard setback more than
twenty -five (25) percent of the ordinance
requirement.
S_ubs_ect._i._on_..._dd.. That Chapter 43, Article V, Section
5- 102(a} be amended to provide for the modification of
item number 2.c. for purposes of adding additional
language and to read as follows:
C. Accessory building or structures in the "R -1"
through "R -4" districts shall not be located
closer than 60 feet to the front property line,
15 feet from a street side line and may not
occupy more than 30 percent of the required
rear yard area. Accessory dwellings shall not
exceed the permitted land coverage allowed by
the district regulations. Swimming pools and
all appurtenant structures both above ground
and below grade of adjacent yard area shall be
construed to be accessory structures and
conform to the standards of this section. The
Planning Director may authorize the
encroachment of structures into a required yard
setback, except when more than one encroachment
is proposed. The encroachment shall be limited
to twenty -five (25) percent.
Subsection ee. That Chapter 43., Article IX, Section
_._......._._ ...._..---- -...- .._- ......._..- ._
9 -101 be amended to provide for the insertion of a new
paragraph to be titled "(k) MOP _I_FI_CAT.ICNOFAPP_ROV_ED
RECORDED .._.PLANS /PLATS..._BY.__STAFF" and to read as follows:
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(k) MOD.t_F I,CAT..I_ON_ OF.._.APPROVED __RECORDED_.PLAN_S,.( PLATS
BY,,._PLAAXN I NG D t RECTOR
If an approved and recorded plan and /or plat of
a Planned Unit Development is presented for
issuance of a building permit and the said plan
and /or plat is at variance with the standards
and conditions set forth in the ordinance, the
Planning Director may issue exceptions within
the following guidelines:
(1) Does not increase the proposed floor area
for nonresidential use by more than 5
percent. Does not increase total number
of dwelling units by more than 5 percent
within a given phase. Fluctuation greater
than the above shall be permissible
provided overall density is maintained.
(2) Does not increase total building coverage
by more than 5 percent.
(3) Does not increase building height by more
than 5 percent to a maximum of eight (8)
feet for buildings less than four (4)
stories nor more than one story for
buildings greater than four (4) stories.
(4) Provides for a decrease of up to 10
percent in either land coverage, height or
numbers of dwelling units.
(5) The owner did not exercise the variance
rights contained in Section 9- 101.(d)3.
Subsection ft. That Chapter 43., Article VII, Section
7- 103.2(c) be amended to provide for the deletion of item
no. 1.o. Cabinet and Woodwork Shop and the serial
restructuring of items a. through ggg. accordingly.
Su_bs.e_c,.ti.on_.._._g.g. That Chapter 43., Article VII, Section
7- 102.2(c) be amended to provide for a new permitted use
to be inserted between items t.a. and 1.b., the serial
restructuring of items d. through j. accordingly and to
read as follows:
b. Governmental or private recreational uses,
including but not limited to golf courses,
tennis courts, swimming pools, playgrounds, day
camps and passive recreational open space.
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w w w w w■ aw w• w w w w w
Sub,s_e_c.ti............... h. That Chapter 43., Article VII, Section
7- 102.3() e amended to provide for a new permitted use
to be inserted between items 1.a. and 1.b., the serial
restructuring of items a. through y. and to read as
follows:
b. Governmental or private recreational uses,
including but not limited to golf courses,
tennis courts, swimming pools, playgrounds, day
camps, and passive recreational open space.
Subsection ii. That Chapter 43. Article VII Section
7- 105.1(c) be amended to provide for the insertion of a
new permitted use to be numbered (c)4, and to read as
follows:
4. Governmental or private recreational uses,
including but not limited to golf courses,
tennis courts, swimming pools, playgrounds, day
camps and passive recreational open space.
Subs.ec_t,_ion_.._.j,,.j.. That Chapter 43., Article VII, Section
7- 103.3(e) be amended to provide for the modification of
the language in paragraph (e) 2. side yard and to read as
follows:
2. Side Yard
No side yard shall be required except where
abutting a residential district. Then there
shall be a side yard width of not less than
fifteen (15) feet. On a corner lot, the side
yard on the street side or exterior side shall
be equal to the front yard setback.
Sub_sec_t.i_o.n._._kk. That Chapter 43, Article VII, Section
._. ....._..
7- 105.1(a) be amended to provide for modification of the
language relative to post annexation zoning
classification and to read as follows:
(a) PURPOSE AND INTENT:
The "AF" Agriculture and Forestry District is
intended to provide a smooth transition between
purely rural areas and newly urbanized areas,
allowing flexibility adequate to permit
reasonable absorption of land use types
typically found in the urban fringe. Many
areas newly annexed to the City will be already
partially developed with a variety of non -urban
land uses, while others will exhibit relatively
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• pia
little development of any kind. It is the
purpose of the "AF" District to provide a
usable district for certain uses which may be
annexed to the City and which may be held from
development as urban land uses.
Subsection II. That Chapter 43., Article VIII, Section
- -_......_....- ...........- _....- . -.....
8- 101 ..(b)( -. 3) "commercial uses" be amended to provide for
the insertion of additional language and to read as
follows:
(3) Commerc..i_al._Us -es:
a. General Business and Retail Sales (except
as otherwise provided herein - one (1)
space per three hundred (300) square feet
of gross floor area up to ten thousand
(10,000) square feet. For structures
larger than ten thousand (10,000) square
feet, the above parking requirement shall
be provided and the following percentage
shall be taken of the remaining gross
floor area:
10,001 t0 20,000 sq. ft. - 95% of Parking
Requirement
20,001 to 30,000 sq. ft. - 90% of Parking
Requirement
30,001 to 40,000 sq. ft. - 85% of Parking
Requirement
40,000 sq. ft. and up - 80% of Parking
Requirement
Business uses with a mixture of sales space and
stock warehousing may reduce the total off -
street parking requirement in those instances
where the floor area devoted to warehouse use
exceeds seventy (70) percent of the gross floor
area. Such uses may compute the warehouse
portion separately at the standard set for
warehouse and storage in paragraph (4)B. of
this section.
Subsection mm. That Chapter 43., Article III, Section
--.._- 10.O
1- - , -1... -(- - -- - - --
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3(a)2e amended to provide for modification of the
appointment language and to read as follows:
2. Vacancies
Vacancies shall be filed for the unexpired term
of the member whose place has become vacant by
the City Manager subject to the approval of the
City Board of Directors. Any ..._membe_r..,,_whos_e__term
Pyni res shall continue to serve until his/her
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su_ c_ ce_ s_ sor ...... i._s._._a „p_po_i_n_t_e_d _._ and ....._ „qua..!._i_f._i.ed. The
appointing authority shall have the power to
remove any member of this Board for cause and
after public hearing provided, however, any
member of the Board who shall be absent from
three or more consecutive regular meetings
shall be removed from office without hearing
upon certification of such fact by the
Secretary of the Board to the City Manager.
Subsection nn. That Chapter 43., Article il, Section
2- 102 -(b) be amended to provide for the insertion of a
new definition to be numbered (b) 54.1 and to read as
follows:
54.1 Estate sales: A retail sales use that is
typically located on the premises of a person
or persons desirous of disposing of household
possessions. This use shall be limited to the
sales of furniture and /or household possessions
from that residence. The accumulation of
articles from more than one household shall not
be offered for sale at a single residential
location.
Subs_ect.i_onoo. That Chapter 43., Article VII, Section
Y 104.2(c) be amended to provide for the insertion of a
new permitted use to be placed between items 1.00. and
i.pp., the serial restructuring of items a. through zz.
accordingly and to read as follows:
pp. Recycling facility, automated.
Subsect._ion_p_p. That Chapter 43., Article II, Section
"definition of uses” be amended to delete the
reference to use matrix in the first paragraph and to
read as follows:
(b) Definition of Uses:
The following definitions and explanatory notes
supplement, restrict, and define the meaning
and intent of the use regulations. The first
eight uses listed are residential in nature and
have been grouped at the top fo the list, other
uses follow in alphabetical order.
Subsect,i.,on,..._,q.q. That Chapter 43., Article II, Section
2- 102(b) be amended to provide for modification of the
language to change the permitted density in Definition
6.1. Bed and Breakfast and to read as follows:
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6.1 Bed and Breakfast House: An owner occupied
single family residence which contains not more
than five (5) guest rooms which for a fee may
be occupied by a guest for no longer than
fourteen (14) consecutive days. This activity
must obtain a special use permit in the
permitted districts of "R -1," "R -2," and "R -3"
Single Family and "R -4" Two Family Districts.
Subsec_tionrr. That Chapter 43., Article VII, Section
7- 103.2(b) be amended to provide for modification of the
language to delete in the second line of "plant
nurseries" and to read as follows:
2. All commercial uses shall be restricted to
closed buildings except parking lots,
promotional events, and the normal pump island
services of service station operations. In
addition, outdoor display of merchandise is
allowed in an area equal to one -half (1/2) of
the facade area of the front of the building as
long as said display of merchandise is stored
inside the building or other completely
enclosed area after normal working hours.
Subsection ss. That Chapter 43, Article VIII, Section
8- 101.(b) be amended to provide for the insertion of a
new paragraph to be numbered (b)(3)i. and to read as
follows:
1. Funeral Home with Chapel Services - One parking
space__for each three seats in the chapel. This
requirement may be provided as stacked or end -
to -end spaces in rows as required for funeral
procession formation, except that ten (10)
percent of the requirement shall be provided as
marked parking spaces as required by the
standards of Section 8- 101.(j) Parking design.
Subsection tt. That Chapter 43., Article VIII, Section
8- 101.(b)(2) be amended to provide for the insertion of a
new paragraph to be numbered (b)(2)f.5. and to read as
follows:
5. Dance School /Studio - One space per employee
plus on -site loading and unloading spaces to be
required at the rate of one (1) for each five
(5) students, based on the maximum number of
students at any one time. Loading and
unloading spaces may be provided in a drive
through lane with stacked stalls as may be
approved by the Public Works Department.
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Subsection uu. That Chapter 43., Article Ii, Section
2- 102(a) b- e amended to delete an improper reference in
the last sentence of definition number 3.a. to renumber
the definition and to read as follows:
3.1. Accessory
unit in a
both land
principal
dwellings
provision
Dwelling: A self- contained living
detached structure subordinate in
coverage and gross floor area to the
dwelling on the lot. Such accessory
shalt comply with the bulk and area
s of Section 5 -102.
Subsection vv. That Chapter 43., Article VII, Section
7- 101.2(b) be amended to add additional language in (b)a.
and to read as follows:
2. Accessory, home occupation, special use,
conditional uses or temporary uses allowed
within the "R -2" Single Family District shall
be the same as those in the "R -1" District
except that day -care center, accessory
dwellings, and manufactured homes may be
allowed as conditional uses. In addition,
"day -care family home" may be allowed by
special use permit.
Subsection ww. That Chapter 43., Article Il, Section
2- 102.(b) be amended to provide for modification of the
language in definition number 50.A. renumbering of the
definition and to read as follows:
50.a. Day -care family home: Any facility which
provides child care in a family setting within
the care givers' family residence in accordance
with provisions of licensing procedures
established by the state of Arkansas. This use
shall be limited to a maximum of ten (10)
children at any time including the care givers'
children. The minimum number of children to
qualify as requiring a special use permit is
six (6) children from households other than the
care givers. This use must obtain a special
use permit in all zoning districts where day-
care centers are not allowed by right.
Subsect.i- .on- ._xx.. That Chapter 43., Article II, Section
. _. ..._._.... __..
2- 702(a) be amended to provide for modification of the
language in definition number 53. and to read as follows:
53. Lot Line Side: A property line which in most
instances connects the front and rear property
lines and may consist of a single line or
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bearing or may take the form of a curve or
compound alignment. All property lines shall
be considered side lot lines except for the
required street front or rear lines,
S_ubse,ction__y_y. That Chapter 43., Article II, Section
2- 102(b) be amended to provide for the insertion of a new
use definition to be numbered 95.a. and to read as
follows:
05.a. Office /showroom warehouse: A facility for
mixed use with the following characteristics:
1) a showroom for display of product line which
does not include items for user purchase; 2) a
storage or warehouse facility which occupies
not more than sixty (60) percent of the gross
floor area of the structure(s); 3) the
principal office of the business; 4) sales to
contractors or other businesses installing or
delivering to consumer /user.
Subsection_zz. That Chapter 43., Article VII, Section
7- 102.3(b) be amended to provide for the insertion of a
new conditional use between items (b)3.h. and (b)3.i.,
the serial restructuring of items a. through k.
accordingly and to read as follows:
Office /showroom warehouse
Subsection — aaa. That Chapter 43., Article VII, Section
7- 103.3(c) be amended to provide for the insertion of a
new permitted use between items (c)1.ccc. and (c)1.ddd.,
the serial restructuring of items a. through aaaa. and to
read as follows:
ddd. Office /showroom warehouse
Subsect.ion_bbb. That Chapter 43., Article VII, SEction
7 -101.5 be amended to provide for the deletion of the
reference to zero lot line in paragraph (b) t.a. and to
read as follows:
a. Structures utilizing townhouse development
types not exceeding six (6) units per gross
acre in the "MF -6" District and twelve per
gross acre in the "MF -12" District.
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SECTION 2. Unless the provisions of the Ordinance are
put into effect immediately, the public peace, health, safety
and welfare of the citizens of Little Rock will be adversely
affected; therefore, an emergency is hereby declared to
exist, and this ordinance shall be in full force and effect
from and after its passage.
PASSED: September 20, 1988
ATTEST: _...,_
Ci y Jerk W Czech
APPROVED. d —
Mayor Lo tie Shac eYfor` —Tc
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