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ORDINANCE NO. 15,028
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DRAFT NO. 6
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 II, Section
2- 102(a) amended to provide for the insertion of an
expanded definition of "fence" to read as follows:
"34. Fence, Opaque: A man -made barrier
constructed to provide privacy and visual
separation between dissimilar uses. Such
fences shall be impervious to rays of ivsible
Subsection b. That Chapter 43., Article VII, Section
7- 103.3. be amended to provide for the insertion of a
new provision titled "development criteria," the serial
restructuring of items (a) through (d) to read as
follows:
(b) DEVELOPMENT CRITERIA
1. All commercial uses shall be restricted to
closed buildings, except parking lots, plant
nurseries, 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. Certain seasonal or
special event sales may be allowed when the
owner has requested a permit for such
activity in conjunction with the privilege
license application. The permitting
authority shall review the owner's plan or
placement of merchandise in order to assure
that obstruction of drives, walks, required
parking and fire lanes does not occur. In no
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•DRAFT NO. 6 5
case shall full -time static open display be
permitted."
Subsection c. That Chapter 43., Article II, Section
2- 02(b) a amended to provide for redefinition of Item
No. 111 "Recycling and Reclamation" to read as follows:
"111. Recycling and Reclamation Facility: A
facility for receiving, storage and sorting
of paper, glass, metals and other reuseable
materials or objects including the crushing,
rending or dismemberment of vehicles,
containers or structures."
Subsection d. That Chapter 43., Article II, Section
2- 102(b) be amended to provide for the insertion of a
new definition numbered 111.1 and to read as follows:
"111.1. Recycling Facility, Automated: An accessory
commercial structure and use which is
intended for the receiving, storage and
payment for receipt of metal cans. The
activity is typically untended and occupies
less than 144 square feet of land area. All
functions of the use are fully enclosed,
representing a vending characteristic only.
Subsection e. That Chapter 43., Article VII, Section
7-103.2(c)—Se amended to provide for the insertion
between currently titled items ccc. and ddd. of a new
permitted use category titled "Recycling Facility,
Automated" and the serial restructuring of items a.
through ppp, accordingly.
Subsection f. That Chapter 43., Article VII, Section
7- 103.3(b) be amended to provide for the insertion
between currently titled items kkk. and 111. of a new
permitted use category "Recycling Facility, Automated"
and the serial restructuring of items a. through aaaa.
accordingly.
Subsection That Chapter 43., Article VII, Section
7- 103.4(2) a That
to provide for the insertion
between currently titled items z. and aa. of a new
permitted use category "Recycling Facility, Automated"
and the serial restructuring of items a. through gg.
accordingly.
Subsection h. That Chapter 43., Article II, Section
2- 102(b) be amended to provide for the deletion of
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DRAFT NO. 6
Definition No. 130 and insertion in its stead of four
(4) definitions to be numbered and read as follows:
"130. Tannery: A facility for the processing of
raw animal hides into leathers and /or other
hide products through the use of various
chemical processes.
111.2 Rendering Plant: A facility for the
reduction of slaughterhouse by- products into
various meal or liquid products for use as
animal foods, etc.
122.1 Slaughterhouse, Closed Facility: A facility
for the killing and butchering of animals for
their meat and various by- products. This use
is entirely enclosed and does not have open
holding pens or outside activity with the
exception of loading docks.
122.2 Slaughterhouse, Open Facility: A facility
for killing and butchering animals for their
meat and various by- products. This use
consists of open holding pens and activities
limited by applicable state and federal
regulations.
30.1 Butcher Shop: A facility for dressing and
preparing animal carcasses for sale as
smaller unit-purchases. This use is entirely
enclosed."
Subsection i. That Chapter 43., Article VII, Section
7 -104.3 be amended to provide for the deletion of Item
(b)(2)e. and place in its stead the following new
conditional use category:
e. Tannery:
Subsection j. That Chapter 43., Article VII, Section
7- 104.3(b)2. be amended to provide for the insertion
between currently titled items c. and d. of two new
conditional use categories titled "Rendering Plant" and
"Slaughterhouse, Open Facility" and the serial
restructuring of items a, through g. accordingly.
Subsection k. That Chapter 43., Article VII, Section
7- 104.2(c)2. be amended to provide for the insertion
between currently titled items d. and e. of a new
conditional use category, "Slaughterhouse, Closed
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• • RAFT NO. 6
Facility" and the serial restructuring of items a.
through f. accordingly.
Subsection 1. That Chapter 43., Article VII, Section
7- 103.3(b)(1) be amended to provide for the insertion
between currently titled items k. and 1. of a new
permitted use category "Butcher Shop" and the serial
restructuring of items a. through aaaa. accordingly.
Subsection m. That Chapter 43., Article VII, Section
7- 103.2(c)(1) be amended to provide for the insertion
between currently titled items 1. and m. of a new
permitted use category "Butcher Shop" and the serial
restructuring of items a through ppp. accordingly.
Subsection n. That Chapter 43., Article II, Section
2- 102(b) "Definition of Uses" be amended to provide for
an expanded definition of Item 138. Upholstery Shop to
read as follows:
"138. Upholstery Shop: A facility which performs
repair or replacement of automobile and
furniture coverings, fabric, springs and
padding. This use must be totally
enclosed."
Subsection o. That Chapter 43., Article VII, Section
7-TO-3-.-2-(c—)-(r) be amended to delete item "ppp.
Upholstery Shop" as a permitted use.
Subsection p. That Chapter 43., Article VII, Section
7- 103.3(b)(1) be amended to delete item "aaaa.
Upholstery Shop" as a permitted use and its placement
within Paragraph (b)(2) as a conditional use titled "r.
Upholstery Shop."
Subsection q. That Chapter 43., Article VII, Section
7- 103.4(c)(1) be amended to provide for the insertion
between currently titled items ff. and gg. of a new
permitted use category "Upholstery Shop" and the serial
restructuring of items a. through gg. accordingly.
Subsection r. That Chapter 43., Article I, Section
1 -106.1 "Conversion of Previous Zoning Classifications
or Districts" be amended to provide for the deletion of
the last three (3) paragraphs which include the
automatic conversion provision.
Subsection S. That Chapter 43., Article VII, Section
7 -101.4 be amended to provide for restructuring the
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• •DRAFT NO. 6
side yard setback provisions of Paragraph (d)(2) and to
read as follows:
(d)
(2) There shall be a side yard setback on each
side of the building having a width of ten
(10) percent of the average width of the lot,
but in no instance less than 5 feet.
Subsection t. That Chatper 43., Article VIII, Section
8-101T_1)' Pavement Requirements" be amended to provide
for the inclusion of additional criteria for
development and to read as follows:
"I. Pavement Requirements
Every parcel of land which after the
effective date of this ordinance is changed
to a parking area, automobile, other vehicle
or trailer sales or storage area or
automobile or motor vehicle service station,
garage or other vehicle use area shall be
paved where subject to wheeled traffic. The
minimum pavement requirement shall be as
follows: One and one -half inches asphaltic
concrete hot mix with a five -inch compacted
base or a double surface treatment with a
five -inch compacted base or a four -inch
concrete slab and shall have appropriate
bumper guards where needed. Asphalt roofing
and bv- products of its ma
sur
ves.
d as a base course o
on oarkinq lots and
Subsection u. That Chapter 43., Article IV, Section
4- 102(a) be amended to provide for the inclusion of a
statement of intent as to the filing status of an
accessory use of building 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 recommend
in accordance with provisions of this
ordinance all requests for conditional use
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DRAFT NO. 6
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 t is section.
Atter detailed review or its compatloiiiLy
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
forward its recommendation to the Board of
Directors for final action.
Subsection v. That Chapter 43., Article IV, Section
4- 102(h) be amended to provide for specific direction
on extending variances from ordinance standards and
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
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 Board of Directors may
authorize a variance from ordinance standards
by specific inclusion within the conditional
use ordinance upon receipt of a positive
recommen at rom the Planning Commission.
However, no conditional use autnorizea Dy to
Planning Commission and Board of Directors
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 without further conditional
use authorization under the following
circumstances:
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DRAFT NO. 6
(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 Little Rock Board of
Adjustment 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 the
conditions and does not adversely impact
surrounding properties.
Subsection w. That Chapter 43., Article VII, Section
7- 103.3(b)(2) "Conditional Uses" be amended to provide
for the deletion of item n. "Service Station" and the
serial restructuring of items "a." through "g."
accordingly.
Subsection x. That Chapter 43., Article II, Section
2- 102(b) be amended to provide for the insertion of a
new definition of "Orphanage" and read as follows:
97. Orphanage - A residential housing facility
for homeless, abused or neglected children.
This definition shall be deemed to include
the provision of shelter, meals, clothing and
counseling for on -site residents only.
Accessory uses shall in every respect be
subordinate to the principle use.
Subsection y. That Chapter 43, Article VII, Section
7- 101.7(b)(1) be amended to provide for the insertion
of a new permitted use category to be titled "b.
Orphanage" and to provide for the serial restructuring
of "l. permitted uses" to read as follows:
"(1) Permitted Uses":
a. Multifamily residential structures not to
exceed thirty -six (36) units per gross acre.
b. Orphanage.
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Subsection z. That Chapter 43., Article VII, Section
7- 102.1(b)(1) be amended to provide for the insertion
between currently titled items "h." and "i." of a new
permitted use category titled "Orphanage" and the
serial restructuring of items "a." through "o."
accordingly.
Subsection aa. That Chapter 43., Article VII, Section
7- 102.3(b)(3) be amended to provide for the insertion
between currently titled items "g." and "h." of a new
conditional use category titled "Orphanage" and the
serial restructuring of items "a." through "i."
accordingly.
Subsection bb. That Chapter 43, Article VIII, Section
8-101(b)(1) be amended to provide for the insertion of
a new parking requirement category to be titled "G.
Orphanage" and read as follows:
"g" Orphanage - One (1) space per each five (5)
sleeping accommodations plus one (1) per each
full -time staff member.
Subsection cc. That Chapter 43, Article II, Section
2- 102(b) be amended to provide for a new definition of
item 11(b)(4) Rooming or Boarding" and to read as
follows:
(4) Rooming, Lodging and Boarding Facilities - A
building or establishment which provides for
more than four (4) but fewer than sixteen
(16) persons and may provide meal service.
The building or facility shall be so arranged
as to permit passage between all living
elements such as dining, kitchen and
bathrooms. Detached units or private access
accommodations are not permitted.
Subsection dd. That Chapter 43, Article VII, Section
7- 101.5(b)(1) be amended to provide for the deletion of
item "d. Rooming and Boarding Houses" for four (4)
persons or less and a serial restructuring of items "a"
through "e" accordingly.
Subsection ee. That Chapter 43, Article VII, Section
7- 101.5(b)(3) be amended to provide for the insertion
of a new conditional use category to be titled "b.
Rooming, Lodging and Boarding Facilities" and a serial
structuring of categories as follows:
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b.
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DRAFT NO. 6
Same as in the "R -1," "R -2," "R -3" and "R -4"
residential districts.
Rooming, lodging and boarding facilities.
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Subsection ff. That Chapter 43, Article VII, Section
7- 101.6(b)(1) be amended to provide for the rewording
of item "c. Rooming and Boarding Houses" and to read as
follows:
"C. Rooming, lodging and boarding facilities.
Subsection gg. That Chapter 43., Article VII, Section
7- 101.7(b)(1) be amended to provide for the insertion
of a new permitted use category to be titled "c.
Rooming, Lodging and Boarding Facilities" and a serial
restructuring of categories as follows:
a. Multifamily residential structures not to
exceed thirty -six (36) units per gross acre.
b. Orphanage.
C. Rooming, lodging and boarding facilities.
Subsection hh. That Chapter 43., Article VIII, Section
8- 101(b) be amended to provide for reduction in the
parking space requirement in item 1.D. from one space
per sleeping accommodation to 0.5 spaces per sleeping
accommodation.
Subsection ii. That Chapter 43, Article VII, Section
7- 102.3(b)(1) be amended to provide for the insertion
between currently titled items "s." and "t." of a new
permitted use category titled "Rooming, Lodging and
Boarding Facilities" and the serial restructuring of
items a. through x. accordingly.
Subsection jj. That Chapter 43, Article II, Section
2- 102(b) be amended to provide for the insertion of a
new definition to be numbered 6.1 and read as follows:
(6.1) Bed and Breakfast House - An owner occupied
single family residence which contains not
more than three (3) guest rooms which for a
fee may be occupied by a guest for no longer
than three (3) 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.
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• • RAFT NO. 6 1 3
Subsection kk. That Chapter 43, Article IV, Section
4- 102.1. be amended to provide for the insertion of a
new paragraph to be titled "(e) Development Criteria"
and to read as follows:
(e) Development Criteria - The site and location
criteria for uses requiring special use
permits are as follows:
1. Bed and Breakfast House -
a. The occupancy fee may include a
continental breakfast (coffee,
juice and pastry) to be served to
paying guests with no full meals.
b. The owner must provide one (1)
paved off street parking space per
guest room and one additional for
the residence use.
C. Allowable signage to be that
permitted by the single family
residential standard.
d. No receptions, private parties or
tours for a fee.
2. Family Care Facility
a. This use may be located only in a
single family dwelling.
b. Medical or counseling needs must be
provided off -site.
C. No physical changes in the
residence are permitted which would
provide other than sleeping
accommodations.
d. Drives and parking shall not exceed
that required by ordinance for a
single family residence.
e. This use shall be permitted to run
with the title to the land and be
transferable. However, the title
holder must occupy the residence
as his /her principal residence.
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DRAFT NO. 6
Subsection 11. That Chapter 43., Article IV, Section
4- 102.1(b) be amended to provide for deletion of
certain requirements. The amended paragraph shall read
as follows:
B. Application Procedure
The property owner or his authorized agent
shall apply for a special use permit under
the guidelines provided by the Office of
Comprehensive Planning. A public hearing on
the special use permit will be held by the
Planning Commission which shall have final
authority except that appeals from the action
of the Planning Commission may be filed with
the Little Rock Board of Directors. No
activity which requires said permit shall be
conducted prior to the Planning Commission
approval.
Subsection mm. That Chapter 43., Article VII, Section
7-101.1(b) be amended to provide for a new paragraph to
be titled "(5)" and to read as follows:
(5) Special Uses
The following special uses may be permitted
subject to the criteria contained in Section
4 -102.1 and approval of a special use permit
by the Planning Commission.
a. Bed and breakfast house.
b. Family care facility.
Subsection nn. That Chapter 43., Article VII, Section
7- 101.2., Section 7- 101.3. and Section 7- 101.4. be
amended to provide for the insertion of the words
"special use" within paragraph (b)(2) as an additional
use category to precede the listing of temporary uses.
Subsection oo. That Chapter 43., Article II, Section
2- 102(b) be amended to provide for the insertion of a
new definition to be titled "56.1 Family Care Facility"
and read as follows:
(56.1) Family Care Facility - Is a facility which
provides resident service in a private
residence to six (6) or fewer individuals who
are not related to the resident household.
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DRAFT NO. 6
These individuals are handicapped, aged,
disabled or in need of adult supervision and
are provided service and supervision in
accordance with their individual needs. Such
facility shall receive a special use permit
for location within "R -1," "R -2" and "R -3"
Single Family Districts and "R -4" Two Family
District.
Subsection pp. That Chapter 43., Article VII, Section
7-101.7(b)( I—) be amended to provide for the insertion
of a new permitted use category to be titled "D.
Family Care Facility."
Subsection That Chapter 43., Article II, Section
—2--1-02(a) a amended to provide for the deletion of item
"(42) Home Occupation" in its entirety and place in its
stead a new definition number "(42) Home Occupation"
which shall read as follows:
(42) Home Occupation - A home occupation is that
accessory use of a dwelling that shall
constitute either partially or entirely the
livelihood of a person living in the
dwelling. Such use shall in every respect be
subordinate to the principal use as a single
family residence. These accessory uses shall
be subject to the accessory use permit
provisions of the "R -1," "R -2" and "R -3"
Single Family Districts and the "R -4" Two
Family District.
Subsection rr. That Chapter 43., Article VII, Section
7- 101.1(b) be amended to provide for the insertion of a
new use regulation to be titled "(6) Home Occupation"
and to read as follows:
(6) Home Occupation
1. Home occupations shall be permitted that
WIT? not:
a. Change the outside appearance of
the dwelling or provide product
display visible from the street.
b. Generate traffic, parking, sewage
or water use in excess of what is
normal in the residential
neighborhood.
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C. Create a hazard to person or
property, results in electrical
interference or becomes a nuisance.
d. Result in outside storage or
display of any material or product.
e.
Involve
accessory buildings.
f.
Result
in signage beyond that which
may be
required by other government
agencies.
g.
Limited
to 500 square feet in area,
but in
no case more than 49 percent
of the
floor area in a dwelling.
h.
Stock in
trade shall not exceed 10
percent
of the floor area of the
accessory
use.
2. The following are permitted home
occupations provided they do not violate
any of the provisions of the previous
paragraph:
a. Dressmaking, sewing and tailoring.
b. Painting, sculpturing or writing
(artistic endeavors).
C. Telephone answering service or
radio monitoring service.
d. Home crafts such as model making,
rug weaving and lapidary work.
e. Tutoring limited to two students at
a time.
f. Music instruction limited to two
students at a time.
g. Home cooking and preserving.
h. Computer programming.
i. Clock or watch repair.
j. Personal or home care products
marketing without stock in trade on
premises.
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DRAFT NO. 6
3. The following are prohibited as
home occupations:
a. Barber shops and beauty shops.
b. Animal hospitals.
C. Dance studios.
d. Mortuaries.
e. Nursery schools.
f. Private clubs.
g. Small appliance repair shops..
h. Restaurants.
i. Stables or kennels.
j. Animal grooming.
k. Engine or motor repair shops.
1. Paint shops.
4. Any proposed home occupation that is
neither specifically permitted by
Paragraph 2, nor specifically prohibited
by Paragraph 3. shall require an
accessory use permit and be granted or
denied by the Public Works Department
upon consideration of those standards
contained in Paragraph B.6. Appeals
from determinations of the Public Works
Department shall be to the Board of
Adjustment. Any proposed use requiring
employees who are not residents of the
dwelling shall be approved by the
Board of Adjustment prior to issuance of
permits.
Subsection SS. That Chapter 43., Article IV, be
amended to provide for the insertion of a new section
to be titled "Section 4- 102.2" Accessory Use Permits
and to read as follows:
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DRAFT NO. 6
Section 4- 102.2. Accessory Use Permits
A. GENERAL PURPOSE
The purpose of this section is to provide a
method of control over certain types of land
uses which while not requiring the full
review process of the conditional use
permits, do require some review procedure
which allows for determination of their
appropriateness within the neighborhood for
which they are proposed and for public
comment.
B. APPLICATION PROCEDURE
The property owner or his /her authorized
agent shall apply for an accessory use permit
under the guidelines provided by the Public
Works Department. An administrative hearing
on the accessory use permit will be held by
the Public Works Department in the manner
provided by the guidelines. Appeals from
determinations of the Public Works Department
may be filed with the Board of Adjustment.
No activity which requires an accessory use
permit shall be conducted prior to issuance
of the permit.
C. USES REQUIRING ACCESSORY USE PERMITS
Uses which are determined to require
accessory use permits will be designated in
11R -1," "R -2" and "R -3" Single Family
Districts and the "R -4" Two Family District
of this ordinance.
D. TRANSFER OF PERMITS
Accessory use permits shall not be
transferable in any manner. A permit cannot
be passed from owner to owner, location to
location or use to use.
Subsection tt. That Chapter 43., Article VII, Section
7- 101.2., Section 7- 101.3., and Section 7- 101.4. be amended
to provide for the insertion of the words "Home Occupation"
within paragraph (b)(2) as an additional use category to
precede the listing of "Special Use Permit."
Subsection uu. That Chapter 43., Article VII, Section
7- 103.4(c) be amended to provide for the insertion between
currently titled items w. and x. of a new permitted use
category office (general and professiona)" and the serial
restructuring of items a. through gg. accordingly.
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SECTION 2. That this ordinance shall be in full force 19
and effect from and after its passage and approval.
PASSED: January 7, 1986
ATTEST:
Cit Clerk ane Czech
APPROVED: r ,
Mavor Thomas A. Prince