HomeMy WebLinkAbout202882010040750 Received: 7t9i2010 3 :55 :07 PM
Recorded: 07/0912010 03 :57:21 Pit Filed
Recorded in Official Records of PAT O'BRIEN,
PULASKI COUNTY CIRCUIT/COUNTY CLERK
Fees $30.00
1 ORDINANCE NO. 20,288
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3 AN ORDINANCE TO AMEND CHAPTER 36 OF THE CODE OF
4 ORDINANCES TO MODIFY CERTAIN LAND USE REGULATIONS
5 CONCERNING NONCONFORMING USES; TO DECLARE AN
6 EMERGENCY; AND FOR OTHER PURPOSES.
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8 WHEREAS, citizens have expressed concern about nonconforming uses and the possible
9 change of such uses into other nonconforming uses without notice to neighboring landowners,
10 and
11 WHEREAS, it is desirable to eliminate duplicative and conflicting language in the City's
12 regulations concerning nonconforming uses, and
13 WHEREAS, the City Board of Directors has determined that it is necessary and desirable to
14 implement changes to the City's regulation of nonconforming uses.
15 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
16 THE CITY OF LITTLE ROCK, ARKANSAS:
17 Section 1. Section 36 -152 of the Little Rock Code of Ordinances is hereby amended by
18 deleting the existing language and replacing it with language to read as follows:
19 Sec. 36 -152. Continuance.
20 (a) Any nonconforming use, structure or lot that legally existed prior to the
21 effective date of this chapter or any use, structure or lot that has been rendered
22 nonconforming by the provisions of this chapter may continue to be utilized in the
23 same fashion as existed prior to the adoption of this chapter. A property owner
24 who seeks acknowledgment from the city of the continuing nature of the
25 nonconforming status of a property shall provide proof that the nonconforming
26 use of the property has not been abandoned within the past five (5) years and shall
27 provide descriptions of the use both as it has existed and as proposed, in the
28 future.
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(b) Any conforming use, structure or lot legally existing under the provisions
of this chapter shall not be rendered nonconforming by action of the city, c�o'<i ;
[PAGE 1 OF 4] a
ORDINANCE v '
To amend Chapter 36 of the Code to modify certain regulations
concerning nonconforming uses
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I or state of Arkansas in the acquisition of property for street or drainage right -of-
2 way.
3 (c) Any rezoning of a property occupied by a nonconforming use shall be
4 accomplished only through a planned development process. If the planned
5 development is approved but is not developed, the property shall not revert to its
6 former nonconforming use status or be utilized as a nonconforming use.
7 Section 2. Section 36- 153(b) of the Little Rock Code of Ordinances is hereby amended by
8 deleting the existing language and replacing it with language to read as follows:
9 (b) No change in use.
10 (1) A nonconforming use of a building or lot may not be changed to
11 another nonconforming use, whether or not the uses are in the same zoning
12 classification.
13 (2) Any time there is a proposed change in occupancy of a
14 nonconforming property, where the property is nonconforming to the underlying
15 zoning, the determination of planning staff that the nonconforming use may
16 continue shall be posted on the site. The notice shall be posted continuously for
17 seven (7) days at the owner's expense on signage provided by the planning
18 department. Any person may appeal the determination to the board of zoning
19 adjustment. Any appeal of the determination must be filed no later than ten (10)
20 days after the date the property was first posted.
21 Section 3. Section 36- 153(c) of the Little Rock Code of Ordinances is hereby amended by
22 deleting the existing language and replacing it with language to read as follows:
23 (c) Abandonment or discontinuance. A nonconforming use that has been
24 discontinued or abandoned for a period of six (6) months shall not be
25 reestablished or resumed. Any subsequent use or occupancy of such land or
26 structure shall comply with the regulations of the zoning district in which such
27 land or structure is located.
28 Section 4. Subsection 36- 154(a) is hereby deleted in its entirety and replaced by a new
29 subsection 36- 154(a) to read as follows:
30 (a) Repair or alterations. Any nonconforming structure may be maintained,
31 repaired or altered; provided, however, that no such maintenance, repair or
[PAGE 2 OF 4]
ORDINANCE
To amend Chapter 36 of the Code to modify certain regulations
concerning nonconforming uses
I alteration shall create an additional nonconformity, increase the degree of the
2 existing nonconformity of all or any part of such structure or increase the intensity
3 of the use of the structure.
4 Section 5. Subsection 36 -155 is hereby deleted in its entirety and replaced by a new
5 subsection 36 -155 to read as follows:
6 Owners of lots that have been rendered unbuildable by the size and area
7 provisions of this chapter may request, as a hardship variance, relief from the
8 strict application of this chapter. The property owner must show to the board of
9 adjustment that the subject property is so restricted that the buildable area is not
10 sufficient for reasonable construction. Platted lots or lots of record prior to the
11 effective date of this chapter may be rezoned to a particular zoning classification
12 even though the minimum lot width, depth and area requirements are not in
13 conformance with the requested zoning district.
14 When an existing platted lot is reduced in size by dedication of right -of -way
15 to allow the city to construct street or drainage improvements, a property owner
16 may use an existing platted building line or existing building face, whichever
17 creates the greater setback, to construct improvements. Where current zoning
18 building setback requirements create a building line closer to the right -of -way
19 than the existing structure or existing platted building line, this zoning building
20 line may be used as the setback to construct improvements. This may be done as
21 long as there is not a request for change in use to a more intense zoning
22 classification.
23 If an application is made for rezoning, the applicant must submit a planned
24 development unless agreeing to satisfy building setbacks and needed right -of -way
25 to current city ordinance and master street plan standards. However, when
26 property is vacant at the time of dedication or purchase, current subdivision
27 building setback requirements will apply, unless an application to the planning
28 commission or board of adjustment for a variance is approved. For accessory
29 buildings, the provisions of section 36- 156(a)(2)c shall apply.
[PAGE 3 OF 4]
ORDINANCE
To amend Chapter 36 of the Code to modify certain regulations
concerning nonconforming uses
I Section 6. Retroactivity. This ordinance shall apply retroactively to applications pending,
2 and requests for information as to whether a nonconforming use or structure complies with City
3 guidelines made, at the time of the passage of this ordinance.
4 Section 7. Severability. In the event any title, section, paragraph, item, sentence, clause,
5 phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such
6 declaration or adjudication shall not affect the remaining portions of the ordinance, which shall
7 remain in full force and effect as if the portion so declared or adjudged invalid or
8 unconstitutional were not originally a part of the ordinance.
9 Section 8. Repealer. All ordinances or resolutions of the City in conflict herewith are hereby
10 repealed to the extent of such conflict.
11 Section 9. Emergency. It has been determined that the amendments contained in this
12 ordinance are essential to the preservation of the quality of life in residential neighborhoods and
13 other portions of the City; that the amendments need to be in place immediately in order protect
14 the public health, safety and welfare; therefore, an emergency is hereby declared and this
15 ordinance shall take effect immediately upon its passage.
16 PASSED: July 6, 2010
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TTEST: APPROVED:
S an ng , City Clerk Mark Stodola, Mayor
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, Ci At orney
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[PAGE 4 OF 4]
ORDINANCE
To amend Chapter 36 of the Code to modify certain regulations
concerning nonconforming uses