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HomeMy WebLinkAbout205682012020119 Received: 4/6 /2012 9:02:05 AM Recorded: 04/06/2012 09:08:17 AM Filed & Recorded in Official Records of Larry Crane, PULASKI COUNTY CIRCUIT /COUNTY CLERK 1 ORDINANCE NO.20,568Fee5 S25.00 2 3 AN ORDINANCE TO AMEND CHAPTER 36 OF THE CODE OF 4 ORDINANCES TO REMOVE INCONSISTENCIES AND CERTAIN USES 5 BY RIGHT; TO ESTABLISH A REQUIREMENT FOR A CONDITIONAL 6 USE PERMIT FOR CERTAIN USES; TO DECLARE AN EMERGENCY; 7 AND FOR OTHER PURPOSES. 8 9 WHEREAS, on September 6, 2005, the City Board of Directors passed Little Rock, Ark. Ord. No. 10 19,395, which established the requirement for a special use permit for various residential uses that are 11 transitional in nature, and 12 WHEREAS, many of the transitional uses are still shown as permitted uses in various zoning 13 districts, which conflict with Little Rock, Ark. Ord. No. 19,395 (September 6, 2005) and should no longer 14 be shown as permitted uses, and 15 WHEREAS, it has been determined that certain uses, due to their nature and their possible impact on 16 the surrounding neighborhood, should receive a public hearing to determine their appropriateness for the 17 particular site, rather than being a "by right" permitted use, and 18 WHEREAS, the City now finds it desirable to revise Chapter 36 of the Code of Ordinances to make 19 the necessary changes. 20 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 21 OF LITTLE ROCK, ARKANSAS: 22 Section 1. Section 36 -3 of Chapter 36 of the Little Rock Code of Ordinances is hereby amended to 23 replace the definition for the defined term "Convenience food store with gas pumps" with the following 24 definition: 25 Convenience food store with gas pumps means a small food store whose primary 26 function is the sale of convenience food items such as bread, milk, etc. Operational gas 27 pumps and petroleum sales are provided on the site. No automobile parts, sales or service 28 is allowed. 29 30 Section 2. Section 36 -3 of Chapter 36 of the Little Rock Code of Ordinances is hereby amended to 31 replace the defined term "Establishment of a religious, charitable or philanthropic office " with the term 32 "Establishment of a religious, charitable, or philanthropic organization" and to revise the definition to 33 read as follows: 34 Establishment of a reli g ious, charitable or philanthropic or g anization means; . • .:ter � �: 35 offices and activities sponsored by or operated by organizations established for relig>us [Page I of 31 CpUNT`.` N I or philanthropic purposes, including training and educational facilities and similar 2 establishments, but not including group residential uses. 3 4 Section 3. Section 36- 259(b)(1)d of Chapter 36 of the Little Rock Code of Ordinances is hereby 5 amended to delete "rooming, lodging and boarding facilities" from the listing of permitted uses. 6 Section 4. Section 36- 279(b)(1) of Chapter 36 of the Little Rock Code of Ordinances is hereby 7 amended to delete subsections g, "Family care facility"; i, "Group care facility"; and n, "Rooming or 8 boarding" from the listing of permitted uses. 9 Section 5. Section 36- 280(c)(1) of Chapter 36 of the Little Rock Code of Ordinances is hereby 10 amended to delete subsections g, "Community welfare or health center "; and m, "Establishment for care 11 of alcoholic, narcotic or psychiatric patients" from the listing of permitted uses. 12 Section 6. Section 36- 280(c)(3) of Chapter 36 of the Little Rock Code of Ordinances is hereby 13 amended to add and separately list "Community welfare or health center "; and "Establishment for care of 14 alcoholic, narcotic or psychiatric patients" to the listing of conditional uses. 15 Section 7. Section 36- 281(b)(1) of Chapter 36 of the Little Rock Code of Ordinances is hereby 16 amended to delete subsections f, "Community welfare or health center "; k, "Establishment for care of 17 alcoholic, narcotic or psychiatric patients "; m, "Family care facility"; p, "Group care facility", and y, 18 "Rooming, lodging and boarding facilities" from the listing of permitted uses. 19 Section 8. Section 36- 281(b)(3) of Chapter 36 of the Little Rock Code of Ordinances is hereby 20 amended to add and separately list "Community welfare or health center "; and "Establishment for care of 21 alcoholic, narcotic or psychiatric patients" to the listing of conditional uses. 22 Section 9. Section 36- 299(c)(1) of Chapter 36 of the Little Rock Code of Ordinances is hereby 23 amended to delete subsections 1, "Community welfare or health center "; and x, "Group care facility" from 24 the listing of permitted uses. 25 Section 10. Section 36- 299(c)(2) of Chapter 36 of the Little Rock Code of Ordinances is hereby 26 amended to add and separately list "Community welfare or health center "; and "Food store under 5,000 27 square feet gross floor area, with sales of beer or wine" to the listing of conditional uses. 28 Section 11. Section 36- 300(c)(1) of Chapter 36 of the Little Rock Code of Ordinances is hereby 29 amended to delete subsection u, "Community welfare or health center" from the listing of permitted uses. 30 Section 12. Section 36- 300(c)(2) of Chapter 36 of the Little Rock Code of Ordinances is hereby 31 amended to add and separately list "Community welfare or health center "; and "Food store under 5,000 32 square feet gross floor area, with sales of beer or wine" to the listing of conditional uses. 33 Section 13. Section 36- 301(c)(1) of Chapter 36 of the Little Rock Code of Ordinances is hereby 34 amended to delete subsections w, "Community welfare or health center "; and gg, "Establishment for the 35 care of alcoholic, narcotic or psychiatric patients" from the listing of permitted uses. [Page 2 of 31 I Section 14. Section 36- 301(c)(2) of Chapter 36 of the Little Rock Code of Ordinances is hereby 2 amended to add and separately list "Community welfare or health center "; "Establishment for the care of 3 alcoholic, narcotic or psychiatric patients "; and "Food store under 5,000 square feet gross floor area, with 4 sales of beer or wine" to the listing of conditional uses. 5 Section 15. Section 36- 342.1(d)(2) of Chapter 36 of the Little Rock Code of Ordinances is hereby 6 deleted and other language added to read as follows: 7 Conditional uses. Conditional uses shall include those uses allowed in the Light 8 Industrial "1 -2" District as "permitted uses" and those uses allowed in the residential, office 9 and commercial districts of this chapter as "conditional uses ", except that all uses must be 10 inside or enclosed. 11 Other conditional uses. Commercial surface parking lot. 12 Section 16. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 13 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 14 adjudication shall not affect the remaining portions of the ordinance, which shall remain in full force and 15 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 16 ordinance. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 17. Repealer. All ordinances or resolutions of the City in conflict herewith are hereby repealed to the extent of such conflict. Section 18. Emergency. It has been determined that it is necessary that the proposed amendments become effective immediately to assure consistency in the Code of Ordinances and to protect the quality of life in neighborhoods by requiring certain uses, due to their nature and their possible impact on the surrounding neighborhood, to receive a public hearing to determine their appropriateness; therefore, an emergency is hereby declared and this ordinance shall take effect immediately upon its passage. PASSED: April 3, 2012 ATTEST: City Clerk 3 TO LEGAL FORM: Thomas M. Carpenter, City A rney 11 11 11 [Page 3 of 31 IMPAS14 1/1 �4 / VA Mark Stodola, Mayor