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HomeMy WebLinkAbout202312010012498 Received: 3/812010 9:41 :26 AM Recorded: 03/0812010 00:52:12 AM Filed Recorded in Official records of PAT O'BRIEN, PULASKI COUNTY ClrCUIT!COUNTY CLERK Fees 530.00 1 ORDINANCE NO. 201231 = , Ze _ fn19'<53_c45 2 pa-! - 3 AN ORDINANCE TO AMEND CHAPTER 36 OF THE CODE OF ORDI- 4 NANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDE 5 FOR VARIOUS PROCEDURES AND LAND USE REGULATIONS RE- 6 GARDING PARKING OF MOTOR VEHICLES IN FRONT YARDS OR 7 CORNER STREET SIDE YARDS OF RESIDENTIAL PROPERTIES; AND 8 FOR OTHER PURPOSES. 9 10 WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, finds that the parking of 11 motor vehicles on the front yards or corner street side yards of residential properties in areas not paved or 12 designated for parking results in the problems of standing water and the carrying of dust and dirt upon 13 public streets and has a detrimental effect upon the esthetics of residential neighborhoods; and 14 WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, finds that it is in the best in- 15 terest of the City to regulate parking in the front yards and corner street side yards of properties used as a 16 residence; and 17 WHEREAS, the proposed regulations were presented and discussed at a public hearing of the City of 18 Little Rock Planning Commission where the Planning Commission voted to recommend approval of the 19 proposed regulations. 20 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE 21 CITY OF LITTLE ROCK, ARKANSAS: 22 Section 1. That Chapter 36, Section 36 -513 be deleted in its entirety and replaced with the following 23 text: 24 Sec. 36 -513. Motor Vehicle parking on residential properties. 25 (a) Any portion of a lot, tract or parcel of land zoned for residential use may be 26 utilized for the parking of motor vehicles unless prohibited by other provisions of the 27 zoning ordinance. 28 (b) For purposes of this section, "Motor vehicle" means a passenger vehicle, 29 truck, boat, camper, recreational vehicle, motorcycle, golf cart, all- terrain vehicle, trailer, 30 or other similar vehicle. "Motor vehicle" does not include a motorized wheelchair, bicy- 31 cle, tricycle or quadri cycle. "Paved" means treated or covered with concrete, asphalt, 32 pavers or other similar material and maintained in such a manner as to provide a �nud``; 33 free and dustless surface. [Page 1 of 41 -- Ordinance to prohibit the parking of motor vehicles in yards o� a, o OA ,ii.: aiAti6 1 2 3 4 5 6 7 8 9 10 11 (c) For purposes of this section, "front yard" and "corner street side yard" mean the open space between the pavement of the street and a line as established in this sec- tion, extending from one side of the lot to the opposite side of the lot. As viewed from the street, the line shall start at a point on the left lot line, and shall extend parallel to the street to the nearest corner of the principal structure and then along the face of the principal structure to the right corner, and from that point on a line parallel to the street to a point on the right lot line (Figure 1). - — LOT LINE G STRUCTURE z W W 0 DRIVEWAY a 3 O F F" W W F- N FIGURE 1 FRONT YARD AND CORNER STREET SIDE YARD STREET RIGHT OF WAY a 3 LL O H H W W cc H N 12 (d) No person, including any owner, tenant, manager, or occupant of property 13 used as a residence, shall allow any person to, keep, store or park any motor vehicle on 14 any portion of a front yard or corner street side yard of any property used as a residence, 15 except on a paved surface or on an unpaved designated driveway area and parking pad 16 not to exceed twenty (20) feet in width. The unpaved, designated driveway area must be 17 surfaced with gravel or a similar material or hard - packed in a manner that does not result 18 in the creation of dust, mud, silt or standing water. For purposes of this subsection: 19 (1) The twenty foot (20') width limitation shall not apply to a paved driveway to 20 a garage or carport, provided the paved driveway does not exceed in width [Page 2 of 4] Ordinance to prohibit the parking of motor vehicles in yards 1 the width of the garage of carport; 2 (ii) Hard packed means any improved surface that is stabilized and provides ap- 3 propriate dust control and limited permeability including paved pavers, con - 4 crete, asphalt, or other similar parking material; 5 (iii The provisions of this subsection shall not apply to special public events 6 such as, but not limited to, football games at War Memorial Stadium, or the 7 Arkansas State Fair and Livestock Exposition; 8 (iv� The provisions of this subsection shall not apply on nationally recognized 9 holidays, or to special private events such as, but not limited to, a private 10 party or reception, if the private event lasts no more than six (6) hours during 11 one calendar day; 12 (v) Any residential parking area that is not paved shall be delineated in some 13 manner that clearly identifies a stationary twenty (20) foot parking area; 14 (vi), The designated parking area required by this subsection shall be perpendicu- 15 lar to the street, provided that this requirement does not apply to a parking 16 area that is part of a circular drive; 17 (vii) No delineated or paved parking area shall have more than one twenty foot 18 by twenty foot (20' x 20') flagpole, in addition to any paved driveway that is 19 no greater in width than the width of the garage, which for this section means 20 an area that can be used for additional parking, the permitted parking of a 21 boat or another vehicle, or that can be used to assist in turning a vehicle in 22 order to enter an adjacent street; 23 (e) The planning director may approve variances from the provisions established 24 by section 36 -513 provided the property owner can evidence a circumstance or 25 hardship unique to the property. Appeals from the administrative judgment of 26 the staff shall be filed with the board of adjustment. The content of the filing 27 shall consist of. (1) A cover letter addressed to the chairman and members of 28 the I board of adjustment setting forth the request; (2) a copy of all pertinent 29 graphic materials or correspondence. This filing shall occur within thirty (30) 30 calendar days of the action by the staff. 31 (e) Nothing contained in this section is intended to nor shall be construed or interpreted 32 to permit p king that is prohibited or restricted by any other provision of this code. 33 (f) No keeping, storing or parking of any motor vehicle in violation of this section shall 34 be deemed to be nonconforming under Article III of this chapter. [Page 3 of 4] Ordinance to prohibit the parking lof motor vehicles in yards 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 j Section 2. Severability. The various parts, sections and clauses of this ordinance are hereby declared to be severable. If',any part, sentence, paragraph, section, clause or word is adjudged unconstitutional or. invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Section 3. Repealer. Any ordinances or parts thereof in conflict with the provisions of this ordinance are hereby re ealed to the extent of such conflict. Section 4. This ordinance shall be in force and effect on June 1, 2010. PASSED: MARCH 2, 2010 ATTEST: APPRO �L Thomas // // Clerk TO LEGAL FORM: Carpenter, City Ordinance to prohibit the parking',, of motor vehicles in yards [Page 4 of 41 APPROVED: Mark Stodola, Mayor