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HomeMy WebLinkAbout203962011007768 Received: 2/3/2011 12:15:41 PM Recorded: 02/03/2011 12:18:54 PM Filed $ Recorded in Official Records of Larry Crane, PULASKI COUNTY CIRCUIT /COUNTY CLERK Fees $25.00 1 ORDINANCE NO. 20,396 iJ 3 AN ORDINANCE TO AMEND CHAPTER 36 OF THE CODE OF ORDINANCES 4 OF THE CITY OF LITTLE ROCK, ARKANSAS, TO PROVIDE FOR 5 MODIFICATION OF VARIOUS PROCEDURES, DEFINITIONS, LAND USE 6 REGULATIONS, TO DECLARE AN EMERGENCY; AND FOR OTHER 7 PURPOSES. 8 9 WHEREAS, it has been determined that a regular review of this Chapter is appropriate; and 10 WHEREAS, it has been determined that several modifications are appropriate at this time; 11 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 12 OF LITTLE ROCK, ARKANSAS. 13 Section 1. That various provisions of Chapter 36 of the Code of Ordinances of the City of Little 14 Rock, Arkansas, be amended as follows: 15 Subsection- (e). That Chapter 36, Section 36 -342. L(d) be amended to provide for the addition 16 of new text and to then read as follows: 17 (d) Use regulations. 18 (1) Permitted uses. Unless otherwise indicated, uses permitted shall include all 19 those allowed in the residential districts, office districts and commercial 20 21 22 23 24 25 26 27 28 29 30 31 32 33 districts as "permitted uses ", in this chapter. All uses must be inside or enclosed except areas of outdoor dining as specified below: Eating places shall be permitted to have an area of outdoor dining subject to compliance with the following provisions. a. The area of outdoor dining shall not be located in the public right -of -way nor shall it obstruct pedestrian movement, fire lanes, access to any b. C. d. e. business or areas designated for access by the physically impaired. The number of seats in the area of outdoor dining shall not exceed 50% of the number of seats within the eating place. Compliance with applicable state and county health regulations. The area of outdoor dining shall not be located between the building occupied by the eating place and adjacent residentially zoned properties. This subsection shall not be deemed to permit signage or structural, alterations such as canopies or walls regulated elsewhere in this [Page 1 of 31 1 (2) Conditional uses. Conditional uses shall include those allowed in the Light 2 Industrial "1 -2" District as "permitted uses ", in this Chapter 36. Except that all 3 uses must be inside or enclosed. 4 Other conditional uses: Commercial surface parking lot. Private club with 5 dining or bar service. 6 Subsection (f). That Chapter 36, Section 36 -3, be amended to provide for the alphabetical 7 insertion of a new defined use to be titled "event center" to read as follows: 8 Event center means any privately owned property, building or portion of a building, 9 the primary purpose of which is to be rented or leased for parties, entertainment 10 functions, conventions, conferences, seminars, assemblies or meetings. This 11 definition shall not include those facilities, banquet halls or meeting facilities which 12 are an ancillary use to a permitted use within a zoning district. 13 Subsection (g). That Chapter 36, Section 36- 300.(c)(2) be amended to provide for the 14 alphabetical insertion of a new conditional use titled "event center" and the serial restructuring of the 15 remaining items accordingly. 16 Subsection (h). That Chapter 36, Section 36- 301.(c)(2) be amended to provide for the 17 alphabetical insertion of a new conditional use titled "event center" and the serial restructuring of the 18 remaining items accordingly. 19 Subsection (i). That Chapter 36, Section 36 -342. L(d) be amended to provide for the addition 20 of new text and to then read as follows: 21 (2) Conditional uses. Conditional uses shall include those allowed in the Light 22 Industrial "I -2" District as "permitted uses ", in this chapter 36. Except that all 23 uses must be inside or enclosed. 24 Other conditional uses: Commercial surface parking lot. Private club with dining or 25 bar service. Event center. 26 Subsection 0). That Chapter 36, Section 36 -107, be amended to provide for the addition of a 27 new subsection (15) to read as follows: 28 (15) Separation requirements for event centers shall be determined by the planning 29 commission so as not to adversely impact the neighborhood. Event centers are subject to the 30 following additional requirement: 31 (a) An event center may not be located within 1,000 feet of the following: [Page 2 of 31 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 34 (1) A church or other religious facility. (2) A sexually- oriented business as defined by Chapter 17 of the Code of Ordinances. (3) A public or private elementary, secondary or post- secondary school, a day care center or any facility that operates programs for children or youth. (4) Any single- family or multifamily residential use, except a hotel or motel, or a residential use that is within a unified development that contains both the event center and the residential use. (b) For the purposes of Subsection (a) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of a building or structure proposed for occupancy as an event center to the nearest property line of any use listed in subsection (a). 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. Emergency. The need for immediate implementation of these regulations is necessary to address law enforcement and fire code problems with event centers and private clubs and, therefore, is crucial to protect the public health, safety and welfare; an emergency is, therefore, declared to exist and this ordinance shall be in full force and effect from and after the date of its passage. PASSED: February 1, 2011 ATTEST: C C usa L ngley, City Clerk APPR ED AS TO LEGAL FORM: 0 Thomas M. Carpenter, City A t rney APPROVED: Mark Stodola, Mayor [Page 3 of 31