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HomeMy WebLinkAbout16116• ORDINANCE NO. 16,116 0 422 AN ORDINANCE AMENDING CHAPTERS 36 AND 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR VARIOUS LANGUAGE AND DEFINITION MODIFICATIONS AND OTHER PURPOSES. WHEREAS, the Little Rock Planning Commission has completed its annual review of the zoning ordinance and subdivision ordinance, and WHEREAS, certain provisions of the ordinances have been determined to require modification, and WHEREAS, it is in the public interest to maintain the ordinances in accordance with community needs and standards NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS SECTION 1. That Chapters 36 and 31 of the Code of Ordinances be amended as follows: Subsection (a) That Chapter 36, Article VIII, Section 36 -511. be amended to provide for the insertion of a new language within paragraph (a) and to then read as follows: Section 36 -511. Parking design. (a) The following four (4) parking angles are allowed with their respective width and depth dimensions for stalls and maneuvering areas: Maneuvering Width Depth Area Type (feet) (feet) (feet) Parallel 22 9 11 Right angle 9 20 20 Sixty- degree angle 9 18 18 Forty- five - degree angle 9 18 12 Subsection (b) That Chapter 36, Article III, Section 36 -153. be amended to provide for the insertion of a new paragraph to be titled "(e) Amortization of certain standards." and to then read as follows: U S3 1 AI M 423 Subsection (b) That Chapter 36, Article III, Section 36 -153. be amended to provide for the insertion of a new paragraph to be titled 11(e) Amortization of certain standards." and to then read as follows: (e) Amortization of certain standards. For purposes of Automobile Salvage yards and similar uses which were developed prior to the standards set forth in Section 36 -321. of this chapter and complied with the then existing standards the following shall apply: (1) All areas of land utilized in the storage, processing, dismantling or transport of auto bodies or similar vehicle bodies shall be brought into compliance with the provisions of Section 36 -321. within four (4) calendar years beginning January 30, 1992. (2) Once compliance has been gained with the provisions of Section 36 -321. the boundaries of the then occupied salvage or storage area shall not be expanded to any existing owned land or adjacent lands. Subsection c_ That_Chapter 36, Article I, Section 36 -3. same - uses, be amended to provide for a language change in definitions of "Retail uses not listed (enclosed)" and "Retail uses not listed (with outside display)" and to then read as follows: Retail uses not listed (enclosed): means any completely enclosed retail sales outlet which is not specifically listed in this section. Retail uses non listed (with outside display): means any retail sales outlet which utilizes outdoor display of merchandise and is not specifically listed in this section. Subsection (d ) That Chapter 36, Article IV,. Section 36 -302. be amended to provide for the deletion of item number (c)(1) d. as a permitted use and the insertion of that listing, auto auction, within (c)(2) conditional uses and the serial renumbering of items a. through i. accordingly. Subsection (e) That Chapter 36, Article IV, Section 36 -320. be amended to provide for the insertion of a new permitted use "Auction - General Merchandise ", within paragraph (c)(1) and the serial restructuring of items a. through ggg. accordingly. Subsection (f) That Chapter 36, Article IV, Section 36 -302. be amended to provide for the insertion of a new conditional use "Auction - General Merchandise ", within paragraph (c) (2) and the serial restructuring of items a. through j. accordingly. 2 • 04 Subsection (g) That Chapter 36, Article I, Section 36 -3. be amended to provide for the insertion of a new definition to read as follows: Auction General Merchandise means: The public sale of merchandise, equipment, or other physical goods to the highest bidder. This use is not restricted to closed buildings and may be conducted part - time or open air provided all other provisions of this chapter are met. Subsection (h) That Chapter 36, Article V, Sections 36 -254. and 36 -255. be amended to provide for a modification of the language in paragraph (d)(4) in each section and to then read as follows: 36- 254.(d)(4) (4) Lot area regulations. There shall be a lot area of not less than seven thousand (7,000) square feet. In addition, there shall be a minimum lot width of not less than sixty (60) feet and a minimum lot depth of not less than one hundred (100) feet. For purposes o lot area shall not be less than four thousand (4,000) square feet. 36- 255.(d)(4) (4) Lot area regulations. There shall be a lot area of not less than five thousand (5,000) square feet. In addition, there shall be a minimum lot width of fifty (50) feet and a minimum lot depth of one hundred (100) feet. In the case of a lot used for a two - family residence, the minimum lot area shall be seven thousand (7,000) square feet, with a minimum width of fifty (50) feet and a minimum depth of one hundred (100) feet. For purposes of zero -lot -line lots, the than four thousand (4,000) square feet. Subsection (i) That Chapter 36, Article II, Section 36 -103. be amended to provide for the addition of new language and to then read as follows: Section 36 -103 Submission requirements. The submission requirements for a conditional use permit shall be as directed by the "instructions for filing" outline provided the applicant by the planning commission staff, the content of which has been approved by the 3 • 425 planning commission. In addition, such application shall include a generalized graphic representation of what is proposed, including screening, landscaping, parking, access and location of buildings. A general statement as to the intent of the use shall also be submitted. In addition to date set by calendar. Subsection (j) That Chapter 36, Article II, Section 36 -130. be amended to provide for the addition of a new paragraph to be numbered (b)(5) and to read as follows: (5) In addition to the graphic and supporting documentation required for filing,-the owner shall provide a graphic or narrative outline of methods to be employed to protect permanent undisturbed buffers. The outline /plan shall be filed for review by the Planning Commission not later than the filing date set by calendar. Subsection (k) That Chapter 36, Article VII, Section 36 -456. be amended to provide for the addition of a new paragraph to be numbered (1)(e) and to read as follows: (e) In addition to the graphic and supporting documentation required for filing, the owner shall provide a graphic or narrative outline of methods to be employed to protect permanent undisturbed buffers. The outline /plan shal.i be filed for review by the Planning Commission not later than the filing date set by calendar. Subsection (1) That Chapter 36, Article VII, Section 36- 462.(d)(2) be amended to provide for the addition of new language and to then read as follows: (d) (2) Preliminary development plan. The procedure for filing and the required fees shall be as set forth in sections 36 -454 and 36 -456, except that the graphic support material and development rationale shall be submitted as follows: The developer shall submit a cover letter with the application which outlines the proposal as to structural and legal composition. The outline should include but not be limited to the following: a. Size of tract. b. Net density per acre. C. Number of buildings and units per building. d. Ratio of parking to unit. i M M man e. Ratio of building to land in square feet. f. Number of access points desired. g. Perimeter treatment. h. Composition of title after development, such as condominium. i. The use mix by structure. j. Natural features to be retained and methods. k. Development schedule with projected completion dates of various elements of the plan. The developer shall submit a legal survey of the tract to be reviewed. The developer shall also provide a general sketch plan indicating typical building siting, access and other significant features of the plan. calendar. Subsection (m) That Chapter 36, Article IV, section 36 -261. be amended to provide for the insertion of a new paragraph to be numbered (b)(7) and to read as follows: (7) When a mobile home park adjoins an area zoned or used as residential a permanent visual barrier shall be provided along the common property line or Right -of- Way line. The developer /owner shall file a plan for the barrier as a component of the plan and plat submitted for Planning Commission review. This provision shall not apply to Mobile Home parks adjacent or facing across street rights -of -way. Subsection (n) That Chapter 36, Article II, Section 36 -54. be amended to provide for modification of language in paragraph (b) and to then read as follows: (b) Application Procedure. The property owner or an authorized agent shall apply for a special use permit under the guidelines provided by the city department designated. by the city manager. A public hearing on the special use permit will be held by the planning commission which shall have final authority. Appeals I M M on W M M M M W r • 0 r M r 427 Subsection (o) That Chapter 36, Article II, Section 36 -55. be amended to provide for modification of language in paragraph (b) and to then read as follows: (b) Application procedure The property owner or an authorized agent shall apply for an accessory use permit under the guidelines provided by the department designated by the city manager. An administrative hearing on the accessory use permit will be held by the department in the manner provided Subsection (p) That Chapter 36, Article II, Section 36 -70. be amended to provide for modification of language and to then read as follows: Section 36 -70. Appeals Subsection (a) That Chapter 36, Article II, Section 36 -101. be amended to provide for modification of language and to then read as follows: Section 36 -101 General purpose. The purpose of this division 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 division 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 M® r M M M M M M� M M r M M • 428 courts, pavilions and parking lots must receive review under the provisions of this section. After detailed review of its compatibility 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 Subsection (r) That Chapter 36, Article II, Section amended to provide for modification of the language and to as follows: Section 36 -109 Right of appeal 36 -109. be then read the action by the Board of Directors. Subsection (s) That Chapter 36, Article II, Section 36 -134. be amended to provide for modification of the language and to then read as follows: Section 36 -134. Appeals. Subsection (t) That Chapter 36, Article V, Section 36 -253, be amended to provide for modification of the language in paragraph (b)(6)d. and to then read as follows: (d) Any proposed home occupation that is neither specifically permitted by subparagraph b, nor specifically prohibited by subparagraph c, shall 7 w® r= M= M M= M M M 0 0 require an accessory use permit and be granted denied by the city department designated by the manager upon consideration of those standards contained in this paragraph. Appeals from the or city 429 Subsection (u) That Chapter 36, Article V, Section 36 -341. be amended to provide for modification of the language in paragraph (c) and to then read as follows: (c) Interpretation of district boundaries. The boundaries of the floodplain districts shall be determined from the aforementioned flood hazard boundary maps. Where interpretation is needed as to the exact location of the boundaries of the district shown on the flood hazard boundary map, the city engineer shall make the necessary interpretation and direct that corrections of district boundaries be made on the flood hazard boundary map as appropriate. In such instances, the regulatory flood protection elevation shall be the governing factor in locating a district boundary on any property. Subsection (v) That Chapter 36, Article VII, Section 36 -454. be amended to provide for modification of the seventh and last paragraph of 1136- 454.(c) preliminary development plan review:" and to then read as follows: (c) -Appeals from the action of the Planning Commission shall be filed with the Board of Directors. The content of the appeal filing shall consist of: (a) a cover letter addressed to the Mayor and Board of M® M M M= M M M M M M M M M 0 0 430 Directors setting forth the request; (b) a copy of the Planning Commission application indicating the action and properly executed by the Staff. This filing shall occur within thirty (30) calendar days of the action by the Planning Commission. Subsection (w) That Chapter 36, Article VII, Section 36 -462. be amended to provide for modification of the language in paragraph (d)(2c) and to then read as follows: (2c) Appeals from the action of the Planning Commission shall be filed with the Board of Directors. The content of the appeal filing shall consist of: (a) a cover letter addressed to the Mayor and Board of Directors setting forth the request; (b) a copy of the Planning Commission application indicating the action and properly executed by the Staff. This filing shall occur within thirty (30) calendar days of the action by the Planning Commission. Subsection (x) That Chapter 36, Article VIII, Section 36 -502. be amended to provide for modification of the language in paragraph (c) and to then read as follows: (c) The number of parking spaces required for a use not listed herein shall be the same as for a similar use which is listed. Appeals from the administrative judgement of the Staff shall be filed with the Board of Adjustment. The content of the filing shall consist of: (a) a cover letter addressed to the Chairman and members of the Board of Adjustment setting forth the request; (b) a copy of all pertinent graphic materials or correspondence. This filing shall occur within thirty (30) calendar days of the action by the Staff. Subsection (v) That Chapter 36, Article VIII, Section 36 -515. be amended to provide for modification of the language and to then read as follows: Section 36 -515. Variance. The planning director may approve variances from the provisions established by section 36 -512 provided the property owner can evidence a circumstance or hardship unique to the property. Appeals from the administrative judgement of the Staff shall be filed with the Board of Adjustment. The content of the filing shall consist of: (a) a cover letter addressed to the Chairman and members of the Board of Adjustment setting forth the request; (b) a copy of all pertinent graphic materials or correspondence. This filing shall occur within thirty (30) calendar days of the action by the Staff. r r r� r r r �■ � ,� r r r� r • • x:31 Subsection (z) That Chapter 36, Article VII, Section 36 -460. be amended to provide for modification of paragraph (g) to insert new language and to then read as follows: (g) Screening and landscaping. In order to enhance the integrity and attractiveness of the development, and when deemed necessary to protect adjacent properties, the planning commission shall require landscaping and screening as a part of a planned unit development. The nature and extent of screening and landscaping required shall be determined by the planning commission in relation to the overall character of the development and its specific location. In no instance, however, shall landscaping be less than that required by chapter 15, article IV. This shall As part of the final development plan, a detailed screening and landscaping plan shall be submitted to the planning commission. Landscape plans shall show the general location, type and quality (size /age) of plant material. Screening plans shall include typical details of fences, berms and plant material to be used. Existing trees shall be preserved whenever possible. The location of trees must be considered when planning the common open space, location of buildings, underground services, walks, paved area, playgrounds, parking areas and finished grade levels. Subsection (as). That Chapter 36, Article VII, Section 36 -462. be amended to provide for modification of paragraph (d)(2) to insert new language and to then read as follows: (2) Preliminary development plan. The procedure for filing and the required fees shall be as set forth in sections 36 -454 and 36 -456, except that the graphic support material and development rationale shall be submitted as follows: The developer shall submit a cover letter with the application which outlines the proposal as to structural and legal composition. The outline should include but not be limited to the following: a. Size of tract. b. Net density per acre. C. Number of buildings and units per building. d. Ratio of parking to unit. e. Ratio of building to land in square feet. 10 r r r r r r r r r r r r M M r f. Number of access points desired. q. Perimeter treatment. h. Composition of title after development, such as condominium. i. The use mix by structure. j. Natural features to be retained and methods. k. Development schedule with projected completion dates of various elements of the plan. The developer shall submit a legal survey of the tract to be reviewed. The developer shall also provide a general sketch plan indicating typical building siting, access and other significant features of the plan. In order to enhance the integrity and attractiveness of the development, and when deemed necessary to protect adjacent properties, the planning commission shall require landscaping and screening as a part of a planned unit development. The nature and extent of screening and landscaping required shall be determined by the planning commission in relation to the overall character of the development and its specific location. In no instance, however, shall landscaping be less than that required by chapter 15, article IV. Subsection (bb) That Chapter 36, Article IV, Section 36- 300.(c)(2) be amended to provide for the insertion of a new conditional use listing to be item g., the serial restructuring of items a. through m. accordingly and to read as follows: (g) Glass /Glazer. Installation, Repair and Sales Subsection (cc) That Chapter 36, Article IV, Section 36- 301.(c)(2) be amended to provide for the insertion of a new conditional use listing to be item j., the serial restructuring of items a. through v. accordingly and to read as follows: (j) Glass /Glazer. Installation, Repair and Sales Subsection (dam That Chapter 36, Article IV, Section 36- 302.(c)(1) be amended to provide for the insertion of a new permitted use listing to be item t., the serial restructuring of :items a. through ss. and to read as follows: (t) Glass /Glazer. installation, Repair and Sales 11 432 . 433 Subsection (eel That Chapter 36, Article I, Section 36 -3. be amended to provide for the insertion of a new definition to read as follows: Glass /Glazer, (Installation, repair and sales) means a business whose principal activity is the cutting, setting and finishing of glass for residential or business buildings and the sales of glass and appurtenances. Subsection (ff) That Chapter 36, Article X, Section 36- 550.(5) be amended to provide for the insertion of a new language and to then read as follows: (5) Political signs shall not be erected more than sixty (60) days prior to election or referendum date, and must be removed within ten (10) days following the election. Political signs are to be placed only on private property when possible and only with permission of the property owner. .Under no condition will any political sign be allowed to be placed y be permitted to interfere with for vehicle turning movement. will they distance Subsection (go) That Chapter 36, Article IV, Section 36 -302. be amended to provide for the insertion of a new permitted use in 11(c)(1) permitted uses to be item oo., the serial restructure of items a. through ss. accordingly and to read as follows: (oo) Studio (Broadcasting or Recording) Subsection (hh) That Chapter 36, Article IV, Section 36 -319. be amended to provide for the insertion of a new permitted use in 11(c)(1) permitted uses to be item ii., the serial restructure of items a. through ii. accordingly and to read as follows: (ii) Studio (Broadcasting or Recording) Subsection (ii) That Chapter 36, Article IV, Section 36 -320. be amended to provide for the insertion of a new permitted use in 11(c)(1) permitted uses" to be item aaa., the serial restructure of items a. through ggg. accordingly and to read as follows: (aaa) Studio (Broadcasting or Recording) Subsection (ii) That Chapter 36, Article I, Section 36 -3. be amended to delete two definitions and restructure their language as one. The listing of "Studio, (Dance, Music or Ceramics) and Studio 12 434 (Art, Drama, Speech or Similar Skills)" be deleted as now listed and a new definition inserted to read as follows: Studio (art, music, speech, drama, dance or other artistic endeavors) means instructing, counselling or coaching in the arts, developing personal skills and /or talents. This involves but is not limited to, graphic arts, performing and literary arts. Subsection (kk) That Chapter 36, Article IV, Sections 36 -279., 36 -280., 36 -281., 36 -299., 36 -300., 36 -301., be amended to delete, whether permitted or conditional use the following listed uses: Studio (Dance or ceramics) Studio (Art, drama, speech or similar skills) Studio (Art, drama, speech or similar skills with retail sales) and the insertion of a new listing "Studio (Art, Music, Speech, Drama, Dance or Other Artistic Endeavors)" as follows: 36 -279. paragraph 36 -280. paragraph 36 -281. paragraph 36 -299. paragraph 36 -300. paragraph 36 -301. paragraph (b) (1) (c) (1) (b) (1) (c) (1) (c) (1) (c) (1) permitted permitted permitted permitted permitted permitted uses as item m. uses as item z. uses as item y. uses as item oo. uses as item jjj. uses as item yyy. and the serial restructure of each listing accordingly. Subsection (11) That Chapter 36, Article IV, Sections 36 -301. and 36 -302. be amended for purposes of inserting a new listing under 11(c)(1) permitted uses" the serial restructure of the use listing accordingly and to be inserted as: 36- 301.(c)(1) ccc, multifamily dwellings (as per the R -5 District) 36- 302.(0)(1) dd. multifamily dwellings (as per the R -5 District) Subsection (mm) That Chapter 36, Article IV, Section 36- 319(c)(1) be amended to provide for the insertion of a new permitted use to be item h., the serial restructure of items a. through ii. accordingly and to read as follows: h. Day Nursery or Day Care Center 0 W91 Subsection (nn) That Chapter 36, Article IV, Section 36- 320(c)(1) be amended to provide for the insertion of a new permitted use to be item t., the serial restructure of items a. through ggg. accordingly and to read as follows: t. Day Nursery or Day Care Center Subsection (oo) That Chapter 36, Article IV, Section 36- 321(c)(2), be amended to provide for the insertion of a new conditional use to be item b., the serial restructure of items a. through i. accordingly and to read as follows: b. Day Nursery or Day Care Center Subsection (pp) That Chapter 36, Article II, Section 36- 54(e), "development criteria" be amended to provide for the insertion of a third use and criteria to read as follows: (3) Day care family home: a. This use may be located only in a single family home, occupied by the care giver. b. Must be operated within licensing procedures established by the State of Arkansas. C. The use is limited to ten (10) children including the care givers. d. The minimum to qualify for special use permit is six (6) children from households other than the care givers. e. This use must obtain a special use permit in all districts where day care centers are not allowed by right. Subsection (ao) That Chapter 36, Article IV, Section 36- 253.(b), "use regulations" be amended to provide for the insertion of a new special use and to then read as follows: (5) Special uses. The following special uses may be permitted subject to the criteria contained in section. 36 -54 and approval of a special use permit by the planning commission: a. Bed and breakfast house. b. Family care facility. C. Day care family home. 14 Subsection (rr) That Cha; 36- 254.(b)(2), "other uses" be the last sentence in paragraph • 436 Ater 36, Article IV, Section amended to provide for the deletion of (2) and to then read as follows: (2) Other uses. 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 centers, accessory dwellings, and manufactured homes may be allowed as conditional uses. Subsection (ss) That Chapter 36, Article I, Section 36 -3. be amended to provide for the deletion of certain regulatory language from the definition "Day care family home" and to then read as follows: Day care family home means any facility which provides child care in a family setting within a care giver's family residence in accordance with provisions of licensing procedures established by the State of Arkansas. This use is intended to fill that level of child care between unregulated babysitting and day care center. Subsection (tt) That Chapter 36, Article IV, Sections 36 -278. and 36 -298. be amended to deleted item (3) in each and to renumber the remaining items accordingly. Subsection (uu) That Chapter 31, Article IV, Section 31- 431.(d) be amended to provide for deletion of the first two sentences, modification of the remaining language and to then read as follows: (d) Where the subdivider has chosen the option of a cash deposit or certificate of completion of improvements the maintenance bond must be posted. Subsection (vv) That Chapter 31, Article III, Section 31 -172 be amended to provide for modification of the language in paragraph (a) and to then read as follows: (a) Utility easements. Utility easements for poles, wires, conduits, storm sewers, sanitary sewers, gas lines, water mains and lines, and similar purposes shall be provided where required by utilities or the engineering division. subject plat to serve a planned need. 15 a a the least disruption or excavation. Such easements shall not be less than five (5) feet on either side of the lot lines. The specific location of easements not uniform in width and parallel to lot lines must be shown by dimensions. 437 Subsection (ww) That Chapter 31, Article I, Section 31 -2, be amended to provide for modification of the language in the definition "subdivision" for purposes of changing the first sentence to read as follows: Subdivision means all divisions of a tract or parcel of land into one (1) or more lots, building sites or other divisions, for the purpose, whether immediate or future, for sale or building development, and shall include all divisions of land involving the need for new access, a new street or change in existing streets; provided, however, that the following shall not be included within this definition nor be subject to the subdivision rules and regulations of this municipality: Subsection (xx) That Chapter 31, Article I, Section 31 -5 be amended to provide for the deletion of paragraph (c)(4) as now written; the insertion of a new paragraph and the section to then read as follows: Section 31 -5. Jurisdiction and application. (a) It is the policy of the city to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the city pursuant to the municipal plan and the master street plan for the orderly, planned, efficient and economical development of the city. (b) This chapter shall be applicable to all lands with the city and its planning jurisdiction except lots of record prior to December 19, 1978. Lots which were not in compliance with prior subdivision regulations shall be deemed to be in violation of this chapter. The planning area map is hereby included in this chapter by reference and is titled Map A -1. Im 0 (c) This chapter shall apply to the subdivision of land as follows: (1) All divisions or platting of a tract or parcel of land into one (1) or more lots, building sites or other divisions for the purpose, whether immediate or future, for sale or building development shall be considered a subdivision and subject to this chapter. (2) The division of land into tracts of five (5) acres or greater where no street right -of -way dedication is required shall not constitute a subdivision. (3) The dedication or vacation of any street or alley through any tract of land, regardless of the area involved as may be desired by the owner or if necessary to achieve conformance with the master street plan, shall be considered a subdivision and subject to this chapter. (4) of the Code of Ordinance. Subsection (vv) That Chapter 36, Article IV, Section 36 -176. "Districts established" be amended to reverse the language as now provided for 110-2" and 110-3" districts and to read as follows: 110-2 office and institutional district" 110-3 general office district" Section 2. That this ordinance shall take effect thirty (30) days from and after its passage. PASSED: November 19, 1991 ATTEST: APPROVED: /a fl ' �.r�„ -, _ego c,� l Li2- 44�� -.J n" i/ / City Clerk Robbie Hancock yor Sharon Priest 17