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ORDINANCE NO
15,247
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AN ORDINANCE AMENDING CHAPTER 43.
OF THE CODE OF ORDINANCES OF THE
CITY OF LITTLE ROCK, ARKANSAS;
PROVIDING FOR CERTAIN DEFINITION
MODIFICATIONS AND PROCEDURAL
REVISIONS.
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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 VII, Section
7- 102.2(c)(1) be amended to provide for the deletion of
item "n. Financial Institution Drive -In" and the serial
restructuring of items a. through bb. accordingly.
Subsection b. That Chapter 43., Article VII, Section
7- 103.1.(c)(1) be amended to provide for the deletion
of item "t. Financial Institution Drive -In" and the
serial restructuring of items a. through zz.
accordingly.
Subsection C. That Chapter 43., Article VII, Section
7- 103.2(c)(1) be amended to provide for the deletion of
item "cc. Financial Institution Drive -In" and the
serial restructuring of items a. through qqq.
accordingly.
Subsection d. That Chapter 43., Article IX, Section
9- 101.(d)(3) be amended to provide for modification of
the last sentence in paragraph 1 so as to change the
capital letter "G" to a capital letter "H."
Subsection e. That Chapter 43., Article IV, Section
-10 amended to provide for the inclusion of an
additional standard to be numbered 11. and to read as
follows:
11. The site plan will reflect the access
provisions and parking space required to
conform with Section 508 of the Arkansas Fire
Prevention Code.
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Subsection f. That Chapter 43., Article IV, Section
4-103.(a) be amended to provide for the inclusion of a
new sentence and to read as follows:
(a) GENERAL PURPOSE AND REVIEW GUIDELINES
The purpose of this section is to set forth
procedures for processing site plans and to
establish standards for development within those
districts which require regulation by this
section.
Site plan review is a development review process
that provides for case by case consideration of
project particulars including the provision of
parking and landscaping, siting of buildings and
the compatibility of the proposed development with
adjacent uses.
All development shall be designed in such a way as
to minimize any potential deleterious impact on the
surrounding area. Special attention shall be given
to buffering multi - family, commercial and
industrial developments from adjacent single family
areas. Design of the internal street system,
ingress and egress, off - street parking, loading and
pedestrian ways shall be sensitive to such
conditions as safety, convenience, separation of
vehicular and pedestrian traffic, general
attractiveness, areas of dwelling units and the
proper relationship of different land uses.
Landscaped areas shall be provided to reduce
erosion, heat and glare and said areas shall be
maintained in an attractive condition. Existing
trees on a development site shall be retained where
possible. Screening, open space or other buffer
may be required to give adequate separation between
uses which are not compatible and shall also be
provided for the beautification and enhancement of
the property. The requirments of Arkansas State
Fire Code, Section 508, prodiving for handicapped
parking and accessibility shall be indicated on the
plan.
Subsection g.
9- 101.(f)l.d.
of a new item
(16) The
and
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That Chapter 43., Article IX, Section
be amended to provide for the inclusion
numbered (16) and to read as follows:
location of handicapped parking stalls
accessibility requirements of Arkansas
to Fire Code, Section 508.
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Subsection h. That Chapter 43., Article II, Section
2-102.(b) e amended to provide for the deletion of
definition No. 81 and in its stead the following:
81. Laundromat: A coin operated facility
designed for use by the general population
for the cleaning and /or dry cleaning of
domestic laundry items.
81.a Laundry, industrial: A facility for the
cleaning of commercial or industrial bulk
items from retail, industrial or other
business activities. These items are but not
limited to uniforms, towels and linens and
floor mats.
81.b Laundry, pick -up station: A facility for the
collection and return of domestic laundry
items. This use is to be totally enclosed.
81.c Laundry, domestic cleaning: A facility for
the cleaning and /or dry cleaning of domestic
laundry items. These items are but not
limited to personal clothing, towels and
linens.
Subsection i. That Chapter 43., Article II, Section
2-102.(b) be amended to provide for the deletion of
definition No. 73 in its entirety and retain No. 73 as
an open number.
Subsection j. That Chapter 43., Article VII, Section
7- 103.3.(c) be amended to provide for the deletion of
item ss. industrial cleaning plant and the serial
restructuring of items a. through bbbb. accordingly.
Subsection k. That Chapter 43., Article VII, Section
7- 103.3.(c) be amended to provide for the insertion of
a new permitted use between items xx. and yy., the
serial restructuring of items a. through bbbb.
accordingly and to read as follows:
yy. Laundry, domestic cleaning
Subsection 1. That Chapter 43., Article VII, Section
7- 104.1.(c) m. and 7- 104.2.(c) w. be amended to delete
the permitted use "industrial cleaning plant" and the
serial restructuring of each accordingly.
Subsection m. That Chapter 43., Article VII, Section
7- 104.1.(c) be amended to insert a new permitted use to
be titled "aa. Laundry, Industrial" between items z.
and aa. and the serial restructuring of items
a. through yy.
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Subsection n. That Chapter 43., Article VII, Section
-lobe amended to insert a new permitted use to
be titled aa. Laundry, Industrial" between items p.
and q. and the serial restructuring of items aa.
through yy. accordingly.
Subsection o. That Chapter 43., Article II, Section
2-102.(b) be amended to insert a new use definition to
be titled "8.a Ambulance Service, Headquarters Post"
and to read as follows:
8.a Ambulance Service, Headquarters Post: A
facility established to transport infirm or
injured persons from one place to another
by means of the appropriate vehicle or
aircraft. This use consist of all services
related to provision of ambulance service
including but not limited to:
administration, operations, dispatch,
communications, vehicle maintenance, eating
facilities and storage and crew sleeping
quarters.
Subsection P. That Chapter 43., Article II, Section
2- 102.(b) be amended to insert a new definition to be
titled "8.b Ambulance Service Post" and to read as
follows:
8.b Ambulance Service Post: A facility for the
posting of crews and ambulance units only in
various sections of the City. The post may
consist of sleeping quarters for crew and
parking of ambulances and employee vehicles.
Subsection q. That Chapter 43., Article VII, Section
7- 103.4(c) be amended to provide for the insertion of a
new permitted use as item a., the serial restructuring
of items a. through jj. accordingly and to read as
follows:
a. _ Ambulance Service Headquarters Post
Subsection r. That Chapter 43., Article VII, Section
7-104.1.(c) be amended to provide for the insertion of
a new permitted use as item a., the serial
restructuring of items a. through cc. accordingly and
to read as follows:
a. Ambulance Service Headquarters Post
Subsection s. That Chapter 43., Article VII, Section
7- 104.2.(c) be amended to provide for the insertion
between items a. and b. of a new permitted use, the
serial restructuring of items a. through yy.
accordingly and to read as follows:
a. Ambulance Service Headquarters Post
Subsection t. That Chapter 43., Article VII, Section
-103 and 7- 102.3.(b).3 be amended to provide
for the insertion of a new conditional use as item a.,
the serial restructuring of all of the items listed
accordingly and to read as follows:
a. Ambulance Service Post
Subsection u. That Chapter 43., Article VII, Section
7- 103.2.(c).1 be amended to provide for the insertion
of a new permitted use as item a., the serial
restructuring of items a. through qqq. accordingly and
to read as follows:
a. Ambulance Service Post
Subsection v. That Chapter 43., Article VII, Section
-12 be amended to provide for the insertion
of a new conditional use as item a., the serial
restructuring of items a. through q. accordingly and to
read as follows:
a. Ambulance Service Post
Subsection w. That Chapter 43., Article VII, Section
-10 .1. c) be amended to provide for the inclusion of
a new use group to be titled "3. Accessory Uses" and to
read as follows:
3. Accessory Uses
a. Sleeping quarters for drivers or crew.
b. Vehicle maintenance or repair.
Subsection X. That Chapter 43., Article VII, Section
7- 104.2.(c) be amended to provide for the inclusion of
a new use group to be titled "3. Accessory Uses" and to
read as follows:
3. Accessory Uses
a. Sleeping quarters for drivers or crew.
b. Vehicle maintenance or repair.
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Subsection y. That Chapter 43., Article VII, Section 52
7- 104.3.(b) be amended to provide for the inclusion of
a new use group to be titled "3. Accessory Uses" and
to read as follows:
3. Accessory Uses
a. Sleeping quarters for drivers or crew.
b. Vehicle maintenance or repair.
Subsection z. That Chapter 43., Article II, Section
2-102.(b) amended to provide for the inclusion of a
new definition to be titled "122.3 Sleeping Quarters
for Drivers or Crew" and to read as follows:
122.3 Sleeping quarters for drivers or crew
A housing facility for transient or temporary
personnel such as long haul truck drivers and
crews. This facility must be totally
contained within the principal building on
the site or if detached, must be authorized
by the Board of Adjustment. This use is
limited to bunks and showers only.
Subsection aa. That Chapter 43., Article II, Section
2- 102.(b) be amended to provide for the inclusion of a
new definition to be titled "140.1 Vehicle
Maintenance."
140.1 Vehicle maintenance or repair
A facility designed and operated as an
ancillary activity. This activity is limited
to vehicles or equipment stored, used or
otherwise employed in the principal use of
the land.
Subsection bb. That Chapter 43., Article II, Section
2- 102.(a) be amended to provide for modification of
definition No. 23 to read as follows:
23. Conditional use: Uses permitted in zones
where they are specifically listed as
conditional uses and are subject to special
conditions as determined by the Planning
Commission as outlined in Article IV of this
ordinance. - - - - - - - - - - - - - - - - -
Subsection cc. That Chapter 43., Article IV, Section
4-102.(a) be amended to modify a portion of the text
and to read as follows:
(a) GENERAL PURPOSE
The purpose of this section is to set forth
procedures for processing conditional uses and to
establish standards by which conditional uses can
be evaluated. The Planning Commission shall hear
and approve or disapprove in accordance with
provisions of this ordinance all requests for
conditional use permits. Only those uses which
are specifically listed as "conditional uses" in
the respective zoning classifications may be
requested for conditional use authorization. In
all instances, accessory structures or uses such
as ball fields, tennis courts, pavilions and
parking lots must receive review under the
provisions of this section. After detailed review
of its compatability with the area and the
specific treatment of screening, landscaping and
other amenities provided to protect the integrity
of the neighborhood, the Planning Commission shall
have final authority except that petitioners or -
record objectors aggrieved by an action of the
Commission may file appeals with the Little Rock
Board of Directors. Such appeals shall be filed
within thirty (30) days of the Planning Commission
Action. Certified mail notice of appeal hearing
shall be provided in the manner required for the
Planning Commission hearing and shall be given to
all record parties in interest whether for or.
against the request. The cost of this notice
shall be borne by the appellant.
Subsection dd. That Chapter 43., Article IV, Section
- 102.(f) be amended to provide for deletion of a
portion of the text in paragraphs 1 and 2, the deletion
of paragraph 3 in its entirety and to read as follows:
(f) PLANNING COMMISSION ACTION:
1. The Planning Commission shall review
conditional use applications at its
regular scheduled monthly meeting at
which time interested persons may appear
and offer information in support of or
against the proposed conditional use.
The Planning Commission shall then take
one of the following actions:
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• (1) approve the conditional use as 5,4
submitted; (2) approve the conditional
use with modifications; (3) defer the
conditional use; or (4) deny the
conditional use.
2. The Planning Commission may impose
conditions and restrictions upon the
premises benefitted by the conditional
use permit as may be necessary to reduce
or minimize the injurious effects of the
conditional use. The conditional use
must ensure compatability with the
surrounding property to better carry out
the general intent of this ordinance.
Subsection ee. That
4- 102.(g) be amended
portion of the text
Chapter 43., Article IV, Section
to provide for deletion of a
and to read as follows:
(g) DEVELOPMENT STANDARDS AND REVIEW GUIDELINES:
In carrying out the purpose of this section, the
following development standards and design
specifics shall be subject to conditional review
and approval. The appropriateness of these
standards shall be determined at the discretion of
the Planning Commission for each specific
conditional use location.
1. The proposed use is so designed, located and
proposed to be operated that the public
health, safety and welfare will be protected.
2. The proposed land use is compatible with and
will not adversely effect other property in
the area where it is proposed to be located.
3. The proposed use is within the provisions of
"conditional uses" as set out in this
ordinance.
4. The proposed use conforms to all applicable
provisions of this ordinance for the district
in which it is to be located and the use
facilitates public convenience at that
location.
5. The size and shape of the site including the
size, shape and arrangement of proposed
structures is in keeping with the intent of
this ordinance.
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6. The internal street system ingress and egress
of proposed off - street parking, loading and
pedestrian ways are sufficiently adequate.
7. Safeguards proposed to limit noxious or
offensive emissions including lighting,
noise, glare, dust and odor are addressed.
8. Proposed landscaping and screening is in
accordance with the Landscape Ordinance of
the City of Little Rock (Ordinance No.
13,617).
9. Open space will be maintained by
owner /developer.
10. Proposed signage will be in accordance with
the Sign Ordinance of the City of Little Rock
(Ordinance No. 12,970).
Subsection ff. That Chapter 43., Article IV, Section
4- 102.(h) be amended to provide for deletion of a
portion of the text and to read as follows:
(h) CONDITIONS:
Once any portion of the conditional use
authorization is utilized, all such conditions
pertaining to such authorization shall become
immediately operative. The violation of any
condition so imposed shall constitute grounds for
revocation of the conditional use authorization.
Such conditions may include time limits for
exercise of the conditional use authorization;
otherwise, any exercise of such authorization must
commence within a reasonable time. The Planning
Commission may authorize a variance from ordinance
standards by specific inclusion within their
motion for approval. However, no conditional use
authorized by the Planning Commission shall be
subsequently applied for a variance to the Board
of Adjustment. Amendments or changes as to the
use authorized by the conditional use process must
follow the same process as the original
conditional use application. Expansions or
additions to structures associated with
conditional uses may be approved by the Planning
Director without further conditional use
authorization under the following circumstances:
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1. Said proposed expansion is limited to a
structural addition to an existing
building not to exceed 10 percent of the
gross floor area within the existing
structure to be expanded.
2. Said proposed expansion is limited to
one time subsequent to the original
conditional use authorization.
3. Said proposed expansion is reviewed and
approved by the Planning Director with
the determination that such expansion
does not violate any of the conditions
set forth in the original conditional
use authorization, does not require
further imposition of new conditions and
does not adversely impact surrounding
properties.
(i) RIGHT OF APPEAL:
Any party in interest who is aggrieved by a
decision of the Board of Directors after appeal of
a Planning Commission action shall have the right
to appeal to a court of competent jurisdiction.
Subsection gg. That Chapter 43., Article V, Section
5 -101 be amended to extract item f. (Height and Area
Exceptions) and that a new section titled Section
5 -102. Height and Area Exceptions be established to
include the text of Section 5- 101.f. as modified and
read as follows:
Section 5 -102. Height and Area Exceptions
(a) PURPOSE
The purpose of this
certain conditional
district standards.
(b) EXCEPTIONS
section is to establish
exceptions to various
The requirements of height and area in the
zoning districts established herein shall be
subject to the following exceptions and
regulation:
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1. Height
a. In the thirty -five (35) foot and
forty -five (45) foot height
districts, public or semi - public
buildings, hospitals, sanitariums
or schools may be erected to a
height not exceeding seventy -five
(75) feet when each of its front,
side and rear yards are increased
an additional foot for each foot
such buildings exceed thirty -five
(35) and forty -five (45) feet
respectively in height.
b. one family dwellings in the 35 -foot
height districts may be increased
in height by not more than 10 feet
when two side yards of not less
than 15 feet each are provided.
Such dwellings, however, shall not
exceed three stories in height.
C. Any person desiring to erect church
steeples, chimneys, towers 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.
2. Area
a. Every part of a required yard
except as provided herein shall be
opened 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 24
inches. This shall be deemed to
include chimneys or similar
structural elements which are a
permanent feature of the building.
b. All single and two family
residences shall be separated from
accessory structures by a distance
of not less than six feet.
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C. Accessory buildings in the "R -1"
through "R -4" districts shall not
be located closer than 60 feet to
the front property line and may not
occupy more than 30 percent of the
required rear yard. Accessory
dwellings shall not exceed the
permitted land coverage allowed by
the district regulations.
d. Satellite receiving dishes in
office and commercial districts
whether portable or permanently
sited shall not be located on any
lot between the principal structure
and a street right -of -way line
unless such located is approved by
the Board of Adjustment. For
purposes of this provision, an
interstate highway shall not be
considered a local access street.
e. Accessory buildings shall maintain
at least a 3 -foot setback from any
side or rear yard property line
except where said rear yard abuts
on a dedicated alley. No setback
shall be required for an accessory
building upon said alley.
f. Where the developed lots in a block
comprise 40 percent or more of the
frontage of the said block and the
buildings on those lots have an
average variation in depth of not
more than 6 feet, the average of
those depths on said lots shall be
the standard depth for the balance
of the block and provided further
that in case of a subdivision
having been approved by the City
Planning Commission and recorded
with a front building line less
than that required by this
ordinance, then the requirements of
this ordinance shall be waived and
said recorded building line shall
be accepted.
Subsection hh. That Chapter 43., Article II, Section
2-102.(a) 15. be amended to add one sentence and to
read as follows:
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15. Building, height: The vertical distance as
measured through the central access of the
building from the elevation of the lowest
finished floor level to the highest point of
ceiling of the top story in the case of a
flat roof; to the deck line of a mansard
roof; and to the mean height level between
the eaves and ridge of a gable, hip or a
gambrel roof. This definition shall not be
deemed to include church steeples, bell
towers, antennaes, chimneys, or other similar
structural embellishments.
Subsection ii. That Chapter 43., Article II, Section
2- 102.(a) be amended to provide for the introduction of
a new definition to be titled "3a. Accessory Dwelling"
and read as follows:
3a. Accessory dwelling: A self- contained living
unit in a detached structure subordinate in
both land coverage and gross floor area to
the principal dwelling on the lot. Such
accessory dwellings shall comply with the
bulk and area provisions of Section
5- 102.(f).2.c, e, and g. (See Subsection nn.)
Subsection jj. That Chapter 43., Article VII, Section
7- 101.2.(b) be amended to provide for the insertion of
an additional conditional use within paragraph 2., the
amended paragraph to read as follows:
2. Accessory, home occupation, special use,
temporary and conditional uses allowed within
the "R -2" Single Family District shall be the
same as those in the "R -1" district except
that day -care centers and accessory dwellings
may be conditional uses.
Subsection kk. That Chapter 43., Article VII, Section
- 101.3.(b) be amended to provide for the insertion of
an additional conditional use within paragraph 2., the
amended paragraph to read as follows:
2. Accessory, home occupation, special use,
temporary and conditional uses allowed within
the "R -3" Single Family District shall be the
same as those in the "R -1" and "R -2"
districts except that two family residences,
accessory dwellings, day camps, day nursery
or day -care centers may be allowed as
conditional uses in "R -3" as specifically
approved by the Planning Commission.
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Subsection 11. That Chapter 43., Article VII, Section
7- 101.4.(b) be amended to provide for the insertion of
a new conditional use within paragraph 2., the amended
paragraph to read as follows:
2. Accessory, home occupation, special use,
temporary and conditional uses.
Accessory, temporary and conditional uses
allowed within the "R -4" Two Family District
shall be the same as those in the "R -1,"
"R -2" and "R -3" Single Family Districts
except that day camp, day nursery, accessory
dwelling and day -care centers may be allowed
as conditional uses in "R -4" as specifically
approved by the Planning Commission.
Subsection mm. That Chapter 43., Article V, Section
5- 102.(f).2. be amended to provide for insertion of a
new paragraph to be titled 2.g and to read as follows:
g. Accessory dwellings within the "R -2," "R -3"
and "R -4" districts shall conform to the
following area requirements:
1. No accessory dwelling shall exceed the
permitted height of the district.
2. The maximum permitted floor area shall
not exceed 700 square feet nor shall it
exceed when added to the principal
dwelling 30 percent of the total lot
area.
3. In the "R -2" district, one of the
dwelling units must be occupied by the
land owner.
4. In the "R -4" district, an accessory
dwelling is expressly prohibited when a
duplex exists on the lot.
5. In "R -2," "R -3" and "R -4," a single
family dwelling must be on the site
prior to approval of location of an
accessory dwelling.
6. The two story type of construction may
be allowed for accessory dwellings when
the ground floor is occupied as an
automobile garage or accessory storage
for the dwelling units on the lot.
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Subsection n• That Chapter 43., Article VIII, Section 6'1
8- 101.(b) 1. be amended to modify the parking
requirement for residential uses and add a new
classification titled, "b. Accessory Dwelling," the
serial restructure of items a. through g. and to read
as follows:
b. Accessory dwelling - 1.0 spaces per unit.
Subsection oo. That Chapter 43., Article VIII, Section
- 101.(c) be amended to provide for the addition of a
second sentence and to read as follows:
(c) COMBINED FACILITIES
Off- street parking facilities required for
two or more uses located on the same building
site may be combined and used jointly
provided, however, that the total number of
off - street parking spaces shall not be less
than the sum of requirements for the various
individual uses computed separately in
accordance with the process set forth in this
section. Those uses proposed for occupancy
within an established development shall not
occupy the site prior to the determination
that the ordinance standard parking spaces
available to the property for all uses meet
the provisions of this paragraph except that
the number of spaces required for a previous
legal use of any portion of the development
shall be considered to be provided even if
the spaces do not exist. Nonconforming
parking rights may be carried forward to
count as part of the parking requirement of a
use replacing a previously established legal
use.
Subsection pp. That Chapter 43., Article VII, Section
7- 103.(c) be amended to provide for the modification of
(c) 1. to read as follows:
1. Any lighting shall be so placed so as to
reflect away from adjacent residential
districts. No excessive or unusual noise,
odor or vibration shall be emitted so that it
constitutes a nuisance which substantially
exceeds the general level of noise, odor or
vibration emitted by uses adjacent to or
immediately surrounding the site. Such
comparison shall be made at the boundary of
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the site For purposes of location of menu
board speakers for drive through windows of
restaurants the following criteria apply:
1. Each speaker shall be so mounted that it
is baffled on all sides in a manner
which will direct the sound produced to
the vehicle served.
2. Each speaker location shall be designed
to provide for a solid wall at least 6'
in height and 20' in length along the
opposite lane line. This wall shall be
constructed of masonry or wood with a
textured finish to diminish sound
deflection.
Subsection qq. That Chapter 43., Article VII, Section
7- 102.2(b) 2. be amended to provide for modification of
the 20 percent allowable and to read as follows:
2. Customary accessory uses shall be permitted
only when they are clearly incidental to the
primary use. No accessory use or uses may
utilize in excess of ten (10) percent of the
gross floor area of the principal structure
or structures except that the Planning
Commission may authorize an additional ten
(10) percent in conjunction with the review
of the site plan.
Subsection rr. That Chapter 43., Article IV, Section
- 102.(f) be amended to delete (f) 3. in its entirety.
Subsection ss. That Chapter 43., Article VII, Section
- 101.7.(d) be amended to modify subparagraphs (d) 5
and 6 to read as follows:
5. Lot Area Per Family
Every building hereafter occupied, erected or
structurally altered for multifamily
occupancy shall provide lot area per family
as follows:
a. Lots ranging from zero (0) to ten
thousand (10,000) square feet in area
shall provide 2500 square feet of land
area per dwelling unit.
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b. Lots ranging from ten thousand (10,000) 63
square feet through one acre shall
provide 2000 square feet of land area
per dwelling unit.
C. Lots in excess of one acre shall provide
1200 square feet of land area per
dwelling unit.
d. For purposes of determination of
fractional unit allowance, the number of
units permitted shall be rounded to the
nearest whole number.
6. Site Area
The minimum site area for the "R -5" district
shall be 5000 square feet. In addition, there
shall be a lot width of not less than fifty
(50) feet and a lot depth of not less than
one hundred (100) feet.
Subsection tt. That Chapter 43., Article IV, Section
-103 c) 3. be amended to read as follows:
3. In addition to the special requirements of
this section, the Planning Commission may
impose on a site plan such additional
requirements as are necessary to safeguard
the public health, safety and general
welfare. The Planning Commission may require
the applicant to submit a revised site plan
incorporating the imposed requirements and
modifications. Such revised site plans shall
have priority over new applications in the
review process. The Planning Commission may
deny a Site Plan and recommend reducing the
zoning classification of any parcel which is
required a Site Plan if it does not carry out
the general purpose of this section. In
those instances where a variance from
district standards is requested as a part of
the submittal request, the Planning
Commission may modify or waive standards. A
variance may be allowed only after
demonstration of a hardship unique to the
development proposal filed. Pecuniary
difficulties shall not be deemed to
constitute a hardship.
Subsection uu. That Chapter 43., Article IV, Section
4- 103,(f) 2. be deleted from the ordinance it its
entirety and serial restructuring of the remaining
numbered items (f) 1. through 7.
Subsection vv. That Chapter 43., Article VII, Section 64
7- 103.2.(c) be amended to delete item ff. in its
entirety and the serial restructuring of items
a. through qqq. accordingly.
Subsection ww. That Chapter 43., Article VII, Section
- 103.3.(c) be amended to delete item kk. in its
entirety and the serial restructuring of items
a. through bbbb. accordingly.
Subsection xx. That Chapter 43., Article VII, Section
- 104.2(c) 2. "conditional uses" be amended to provide
for the insertion of a new conditional use listing
between items d. and e., the serial restructing of
items a. through g., and to read as follows:
e. Retail uses not listed.
Subsection That Chapter 43., Article VII, Section
03.4. c) be amended to provide for the deletion of
item (c) 2.f. from the conditional uses list and its
placement within (c) 1. between bb and cc and the
serial restructuing of both use lists accordingly.
Subsection zz. That Chapter 43., Article VII, Section
- 104.1.(c). 2 amended to provide for the insertion of a
new conditional uses listing between items g. and h.,
the serial restructuring of items a. through h. and to
read as follows:
h. Retail uses not listed (enclosed)
Subsection aaa. That Chapter 43., Article VIII,
section - 101.(j) be amended to provide for the
modification of two dimensions under the title
"maneuvering area" and to read as follows:
J. Parking Design:
The following four parking angles are allowed
with their respective width and depth
dimensions for stalls and maneuvering areas:
MANEUVERING
TYPE WIDTH DEPTH AREA
Parallel 22 ft. 9 ft. 11 ft.
Right Angle 9 ft. 20 ft. 20 ft.
Sixty Degree Angle 9 ft. 18 ft. 18 ft.
Fort -five Degree Angle 9 ft. 18 ft. 12 ft.
The following diagram illustrates the parking space and
maneuvering space used for the various parking designs:
65
M M M
M M M r M
0
M w M M
0
1■A � �
Subsection bbb. That Chapter 43., Article I, Section
1-107 be amen de to provide for the insertion of a
fourth paragraph; the serial structuring of the section
and to read as follows:
SECTION 1 -107 PENALTIES
(a) Violations of any provisions of this Ordinance
shall be considered as misdemeanors; each day's
violation shall be considered a separate offense.
(b) Any person, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the
provisions of this Ordinance shall be fined not
less that $50.00, nor more than $500.00 for each
offense or violation. If the offense or violation
is continuous in respect to time, the maximum
penalty or fine shall not exceed $250.00 for each
day the offense or violation may be unlawfully
continued.
(c) In case any building or structure is erected,
constructed, reconstructed, altered, repaired,
converted, or maintained, or any building
structure or land is used in violation of this
Ordinance, the proper authorities of the City, in
addition to other remedies, may institute any
appropriate action or proceedings to prevent such
unlawful erection, maintenance or use, to
restrain, correct or abate such violation, to
prevent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct,
business, or use in or about such premises.
(d) When, in the judgment of the enforcing officer, a
violation of this chapter exists, the enforcing
officer shall issue a written order to the alleged
violator. The order shall specify those sections
of this chapter of which the person may be in
violation and shall state that the person has a
maximum of thirty (30) days from the date of the
order in which to abate the alleged violation or
to appeal to the appropriate board, or commission
provided, however that in the case of the alleged
violator to whom the enforcing officer has issued
such an order within the preceding twelve -month
period, the notice may require the person to abate
the alleged violation within twenty -four (24)
hours.
Subsection ccc. That Chapter 43., Article II, Section
2-102.(b) be amended to provide for the modification of
the first paragraph to read as follows:
ram
9 0
(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 of
the list. Other uses follow in alphabetical
order.
Subsection ddd. That Chapter 43, Article II, Section
2- 102.(b) be amended to provide for expansion of
definition number "49. day camp" and to read as
follows:
49. Day Camp: A recreational facility or area
maintained under private or public auspices with
open air and /or structural involvement which
provides for recreational activities, overnight
lodging, counseling or other activities sponsored
by a nonprofit, charitable, or religious
organization.
Subsection eee. That Chapter 43., Article VII, Section
-1 5.3.0 a amended to provide for modification of
item C.3. and to read as follows:
3. Day Camps when located on lots or tracts
having an area of not less than five (5) acres.
Subsection fff. That Chapter 43., Article VIII,
Section 8-101.(b) (3) be amended to provide for the
insertion'of a new paragraph to be numbered 3.h and to
read as follows:
h. Shopping Centers - One (1) space for each 225
square feet of gross leaseable floor area in
new shopping centers or additions to existing
shopping centers for which a building permit
is obtained after March 17, 1987. This
requirement shall be sufficient for all
permitted uses in a shopping center, including
new uses and conversions from one use to
another use. Existing shopping centers may
convert any permitted use to any other
permitted use, provided that the requirement
of one (1) space for each 225 square feet of
gross leaseable area is met for the entire
shopping center. If an existing shopping
center seeks to convert an individual use to a
new use which, in a separate commercial
building, would require more parking than the
67
most immediate past use and said shopping
center does not meet the above requirement,
conversions to the new use shall be subject to
the same parking requirements as for separate
commercial buildings. Such centers shall
provide the number of parking spaces required
for each separate use as specified in this
ordinance, except that nonconforming parking
rights may be carried forward as provided in
Section 8- 101.(c).
Subsection ggg. That Chapter 43., Article II, Section
2- 102.(b) be amended to provide for the insertion of a
new definition to be titled 11122.1 Shopping Center,"
the serial renumbering of current items 122.1 and 122.2
accordingly and to read as follows:
122.1 Shopping Center: A group of unified
commercial establishments built on a site
which is planned, developed, owned, and
managed as an operating unit related in its
location, size, and type of shops to the
trade area that the unit serves. The unit
provides on -site parking in definite
relationship to the types and total size of
the stores.
Subsection hhh. That Chapter 43., Article IV, Section
- 101(c) 'GUIDELINE FOR DECISION:" be amended to
provide for the inclusion of new language in the last
sentence and to read as follows:
(c) GUIDELINE FOR DECISION:
In determining whether to grant a requested
amendment, the Board of Directors may
consider, among other things, the
recommendations from the Planning
Commission and the Office of Comprehensive
Planning and use the provisions of the
Comprehensive Plan, Master Street Plan,
Master Parks Plan, and Community Facilities
Plan, as well as any other appropriately
approved document created to provide the
required public facilities necessary to
protect the public interest. No identical
or substantially identical application for
the redistricting of a specific parcel or
parcels of land which has been denied by
the Board of Directors may be made for a
period of one year.
6a
SECTION 2. That all ordinances and parts of ordinances 6
in conflict herewith shall be repealed as of the effective
date of this ordinance.
SECTION 3. That this Ordinance take effect and be in
full force from and after its passage and approval.
PASSED: February 17, 1987
ATTEST: !` /� APPROVE a�c�
Cit Clerk Czech Ma or L tie Sh celford