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HomeMy WebLinkAbout19713ORDINANCE NO. 19,713 AN ORDINANCE AMENDING CHAPTERS 31 AND 36 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS PROVIDING FOR MODIFICATION OF VARIOUS PROCEDURES, DEFINITIONS, LAND USE REGULATIONS AND FOR OTHER PURPOSES. WHEREAS, it has been determined by the Little Rock Planning Commission that a regular review of these chapters is appropriate; and WHEREAS, the Planning Commission has determined several modifications are appropriate at this time. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That various provisions of Chapters 31. and 36. be amended as follows: Subsection (a). That Chapter 36., Section 36- 300.(c)(2) be amended to provide for the deletion of listed item "K" retail uses not listed (enclosed) and the serial restructuring of items 1. and m. accordingly. Subsection (b). That Chapter 36., Section 36- 300.(c)(1) be amended to provide for the insertion of a new permitted use "retail use not listed (enclosed)" to be item "fff' and the serial restructuring of existing items "fff' through "sss" accordingly. The new use to read: fff. Retail use not listed (enclosed) Subsection (c). That Chapter 36., Section 36- 300.(c)(1) be amended to provide for the insertion of a new permitted use "food store" to be item "ff ' and the serial restructuring of existing items "ff' through "sss" accordingly. The new use to read: ff. Food store Subsection (d). That Chapter 36., Section 36- 69.(c) be amended to correct an error in the fifth (5t") line of that subsection referring to the vote of the Board of Zoning Adjustment. Said fifth (5t") line to read as follows: vote of three (3) members of the board shall be Subsection (e). That Chapter 36., Section 36- 516.(f) be amended to provide for the addition of a new subsection (7) to read as follows: (7) Support columns or support posts shall be permitted to exceed the allowable fence or wall height by no more than two (2) feet, including any ornamental features. Support columns or support posts shall have a maximum width of two (2) feet. There shall be a minimum distance of seven feet — six inches (7'6 ") between opposing faces of support columns or support posts which exceed the allowable fence or wall height, other than at gates or corners. Subsection (f). That Chapter 36., Section 36- 259.(b)(1) be amended to provide for the addition of two (2) new subsections e and f to read as follow: e. One single family dwelling on any lot or parcel. f. One two - family dwelling on any lot or parcel. Subsection (g). That Chapter 36., Section 31- 13.(c) be amended to delete the second paragraph titled "submittal requirements" in its entirety and to replace that paragraph with new text. The listing of items (1) through (14) following that paragraph are to remain as they currently exist. The new text is to read as follows: Submittal requirements. The following materials are the minimum criteria for submittal. Failure to disclose any of this material or to provide the material on a site plan may be cause for withdrawal or deferral of the application. Minimum submittal site plan review information shall be submitted on or accompanied by a boundary survey, not larger than twenty -four (24) inches by thirty -six (36) inches and including all information listed below: A site plan shall also be submitted in an electronic format compatible with equipment in the planning and development department of the city. The data shall be in CAD compatible .DXF or .DWG (compatible with software available in the planning and development department of the city) format containing all information listed below in separate layers. Subsection (h). That Chapter 36., Section 36 -372. be deleted in its entirety and replaced with new text to read as follows: Sec. 36 -372. Exceptions. Any request to vary, alter or modify specifications of this design overlay district shall be processed as a request for a variance as per Article II Division 2 of this chapter. Subsection (i). That Chapter 36., Section 36- 342.1.(c)(10) be amended to provide for the addition of a new subsection c. to read as follows: c. An opaque screening wall no less than three (3) feet in height shall be placed on the exterior perimeter of the first floor of the street frontage of all parking structures not otherwise required to have active uses or building fagade construction as noted in subsection a. above. The screening wall shall extend above the finished floor of the first floor of the parking structure so as to screen vehicles in the parking structure. Subsection 0). That Chapter 31., Section 31 -12. be deleted in its entirety and replaced with new text to read as follows: Section 31 -12. Variances. (a) Generally. The rules and regulations set forth in this chapter are the standard requirements of the City. Where the planning commission finds, however, 2 that extraordinary hardships or practical difficulties may result from strict compliance with these regulations, or the purpose of these regulations may be served to a greater extent by an alternative proposal, it may approve variances from the subdivision regulations so that substantial justice may be done and the public interest secured. The planning commission shall be empowered to grant variances with request to the improvements and the design standard relative to lot dimensions and arrangements, street location, alignment, the location and alignment of easements, building lines and similar standards. Such variances, however, shall not have the effect of nullifying the intent and purpose of these regulations. The following criteria shall be used to determine whether a variance shall be granted: (1) The conditions upon which the request for variance is based are unique to the property and it is determined because of the particular physical surrounding, shape or topographic conditions of the property involved, strict application of these regulations would deprive the owner of reasonable use of the property. (2) The granting of a variance will not be detrimental to the public safety, health or welfare, or injurious to other property. (3) The variance will not in any manner vary the provisions of the Zoning Ordinance, the Master Street Plan or the Municipal Plan. (4) The variance is not based solely on pecuniary difficulties, but has other overriding hardships. (b) Building line variances. In those instances where a recorded subdivision plat has established building setback lines in accordance with this chapter variances of those lines shall only be granted by the board of adjustment. That body shall review each building line variance request for hardship circumstances as required by chapter 36, article 11, division 2. Those variances approved by the board of adjustment shall be reflected upon a replat of the subject lots which shall be recorded in the office of the circuit clerk of the county. A bill of assurance amendment shall not be required by the review process nor shall the administrator sign a bill of assurance. The owner or applicant shall be instructed to review the filing procedure with the circuit clerk should a revised bill of assurance be required by that office. Platting costs shall be born by the applicant or owner. (c) Appeals. Appeals from the decision of the Planning Commission regarding a variance request may be presented to the Board of Directors within thirty (30) days of the Commission's action. The content of the appeal filing shall consist of: (1) A cover letter addressed to the mayor and the board of directors setting forth the request; (2) a copy of the planning commission application indicating the action and properly executed by the staff. Notification for the board of directors' hearing shall be as required for the planning commission. Appeals from a decision of the board of directors regarding a variance request may be presented to the Pulaski County Chancery Court within thirty (30) days from the date the board's decision is filed in the City Clerk's office. ki SECTION 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the ordinance. SECTION 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. SECTION 4. That this ordinance shall take effect thirty (30) days from and after its passage. PASSED: March 6, 2007 ATTEST: it Clerk APPROVED AS TO FORM: City Attorney APPROVED: Z/ Mayor Board Member M