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HomeMy WebLinkAbout19438ORDINANCE NO. 19,43 8 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- 461.(5) be amended to correct an incorrect reference and to then read as follows: (5) The owner did not exercise the variance rights contained in Section 36- 454(e). Subsection (b). That Chapter 36., Section 36- 67.(a) be amended to correct an incorrect reference and to then read as follows: (a) The board of zoning adjustment shall consist of five (5) members who are appointed by the city board of directors. One (1) member of the board shall be an architect /planner, one (1) member of the board shall be a civil engineer, one (1) member of the board shall be a member of the Little Rock Realtors Association, two (2) members of the board shall be from the citizenry at large. The term of office for the members of the board shall be for three (3) years. Subsection (c). That Chapter 36., Section 36- 54.(d) be amended to provide for the addition of text and to then read as follows: (d) Transfer of permits and initiation of permits. Special use permits shall not be transferable in any manner. Permits cannot be passed from owner to owner, location to location or use to use. The special use approved by the commission must be initiated within one (1) year of the date of approval, unless an extension of time is granted by the Commission. Otherwise, the commission's approval of the special use permit shall be considered void. Subsection (d). That Chapter 36., Section 36 -4.(d) be amended to provide for the insertion of new text and to then read as follows: (d) When, in the judgment of the enforcing officer, a violation of this chapter exists, the enforcing officer shall issue a written order to the alleged violator. The order shall specify those sections of this chapter of which the person may be in violation and shall state that the person has a maximum of seven (7) days from the date of the order in which to abate the alleged violation or to appeal to the appropriate board, or commission provided, however, that in the case of the alleged violation to whom the enforcing officer has issued such an order within the preceding twelve (12)- month period, the notice may require the person to abate the alleged violation within twenty -four (24) hours. Subsection (e). That Chapter 36., Section 36- 454.(d) be deleted in its entirety and replaced with new text to read as follows: (d) The owner of an approved PD or PUD may, for cause, request repeal of the ordinance establishing the development when it has been determined that the development will not occur. A written request may be filed with the city staff at any time up to three (3) years after the date of adoption of the ordinance creating the PUD or PD. The request shall set forth the cause of the repeal. A public hearing on the repeal request shall be held by the planning commission not later than sixty (60) days after filing of the written request. Legal advertisement and notice to property owners within two hundred (200) feet shall be as required by this chapter and the planning commission bylaws for the initial planning commission hearing. Notice to others as required by the bylaws shall be provided by staff and signs shall be posted. The planning commission's recommendation on the repeal request shall be forwarded to the board of directors for their consideration. The board of directors may grant or deny the request or return the request to the planning commission for further study. If the request is approved, an ordinance shall be adopted repealing the PUD or PD. Subsection (f). That Chapter 31., Section 31- 94.(c) be deleted in its entirety and replaced with new text to read as follows: (c) The subdivision committee of the planning commission shall review the preliminary plat along with comments from the staff and other reviewing agencies. The committee shall pass the preliminary plat to the full commission for final action with any comments determined necessary to expedite review of the preliminary plat. Subsection (g). That Chapter 36., Sections 36 -105. be deleted in its entirety and replaced with new text to read as follows: The subdivision committee of the planning commission shall review the conditional use along with comments from staff and other reviewing agencies. The committee shall pass the conditional use issue to the full commission for final action with any comments determined necessary to expedite review of the conditional use. Subsection (h). That Chapter 36., Section 36- 300.(c)(2) be amended to provide for the deletion of listed item "c ". bus station and terminal and the serial restructuring of items d. through n. accordingly. Subsection (i). That Chapter 36., Section 36- 301.(c)(2) be amended to provide for the deletion of listed item "h." bus station and terminal and the serial restructuring of items i. through aa. accordingly. Subsection 0). That Chapter 36., Section 36- 319.(c)(1) be amended to provide for the deletion of listed item "e." bus station or terminal and the serial restructuring of items f. through 11. accordingly. Subsection (k). That Chapter 36., Section 36- 319.(c)(2) be amended to provide for the insertion of a new conditional use to be item "c." and the serial restructuring of items c. through j. accordingly. The new use to read: c. Bus station and terminal Subsection (1). That Chapter 36., Section 36- 320.(c)(1) be amended to provide for the deletion of listed item "r." bus station or terminal and the serial restructuring of items s. through sss. accordingly. Subsection (m). That Chapter 36., Section 36- 320.(c)(2) be amended to provide for the insertion of a new conditional use to be item "b." and the serial restructuring of items b. through m. accordingly. The new use to read: b. Bus station and terminal Subsection (n). That Chapter 36., Section 36- 69.(b)(5) be amended to provide for the deletion of certain text and to then read as follows: (5) Parking. The board may grant a variance for the number of required parking spaces where a hardship exists. Any detached parking facilities or satellite parking shall be located on a lot which is zoned to allow the principal use which this parking will serve. Subsection (o). That Chapter 36., Section 36- 298.(2) be deleted in its entirety and replaced with new text to read as follows: (2) Dumpsters and trash containment areas shall not be located within the front yard setback area or street side or exterior side yard setback area. Dumpsters and trash containment areas shall be screened as required by Section 36 -523. Subsection (p). That Chapter 36., Section 36 -298. be amended to provide for the addition of a new subsection (9) to read as follows: (9) All premises shall be kept clear of all rubbish, trash, brush, litter and abandoned vehicles. Subsection (q). That Chapter 36., Section 36- 551.(a) be amended to provide for the addition of a new subsection (4) to read as follows: (4) One (1) subdivision identification sign per major entrance as determined by the Director of Planning and Development shall be permitted per neighborhood or subdivision, not to exceed thirty -two (32) square feet in area and six (6) feet in height. Subsection (r). That Chapter 36., Section 36- 557.(b) be amended to provide for the deletion of certain text and to then read as follows: (b) Sign heights for all ground- mounted on- premises signs located on properties immediately adjacent to and contiguous to an expressway or freeway may be measured from the elevation of the centerline of the traffic lanes (excluding frontage roads) adjacent to subject property to the top of the sign structure. It shall be the responsibility of the sign owner to submit all necessary information when this approach is used. Subsection (s). That Chapter 36., Section 36- 557.(d) be amended to provide for the deletion of certain text and the addition of new text and to then read as follows: (d) Each business shall be permitted to utilize one (1) temporary special event on- premises, building mounted banner or device per street frontage as allowed by the administrator for special events or promotions. Special event banners or devices shall only be utilized for nonresidential uses or zoning districts. Temporary special event on- premises banners or devices may be erected for a maximum of twenty -four (24) weeks (168 days) per year. A special event permit will be issued for a maximum of six (6) weeks (42 days) per permit. Multiple permits may be obtained at one time as specified in subsection (4) below. (1) These signs or decorations shall be secured by a method approved by the administrator to ensure safety and stability. (2) The maximum size for these banners and decorations shall be five (5) feet vertical and twenty (20) feet horizontal. (3) They shall not be tied, secured, mounted or affixed in any manner to a tree, landscaping, screening wall or fence. The placement of these event materials may be pole mounted or on a building provided there are no encroachments into a public right -of -way. (4) An annual events permit may be obtained by an owner or operator of a site, which will allow the user to structure the number of events and days per year desired, not to exceed a total of twenty -four (24) weeks (168 days). The permit shall be submitted for review and approval as set forth in section 36 -545, and a fee assessed as provided in section 36- 545(e). Telephone contact may be used to initiate the beginning of events and timing after initial approval. (5) Maintenance shall be as provided in section 36 -546 of the Code of Ordinances. (6) These materials or devices shall not be placed, mounted or in any way affixed to any off - premises sign or billboard. (7) In addition to a building mounted banner, businesses may also utilize one (1) freestanding banner per street frontage. For purposes of developments which have multiple businesses or buildings on a single lot or tract of land, the number of freestanding banners shall be limited to two (2) per property per street frontage. Subsection (t). That Chapter 36., Section 36- 342.1.(f)(1) be amended to provide for the deletion of certain text and the addition of new text and to then read as follows: (1) Front yard. No setback is required except as noted below. (In no case may a structure be built in the right -of -way.) Along Capitol Avenue, west of Broadway Street and east of Scott Street, the front building line shall be twenty -five (25) feet. Along Chester Street from I -630 to La Harpe Boulevard the front building line shall be ten (10) feet. In no case is the storage or parking of vehicles allowed in the front setback. Subsection (u). That Chapter 36., Section 36- 342.1.(d)(1) be amended to provide for the addition of new text and to then read as follows: (1) Permitted uses. Uses permitted shall include all those allowed in the residential districts, office districts and commercial districts as "permitted uses," in this chapter 36. 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 business or areas designated for access by the physically impaired. b. The number of seats in the area of outdoor dining shall not exceed fifty (50) percent of the number of seats within the eating place. C. Compliance with applicable state and county health regulations. d. The area of outdoor dining shall not be located between the building occupied by the eating place and adjacent residentially zoned properties. e. This subsection shall not be deemed to permit signage or structural alterations such as canopies or walls regulated elsewhere in this chapter. Subsection (v). That Chapter 36., Section 36- 342.1.(e) be deleted in its entirety and replaced with new text to read as follows: (e) Height regulations. No building hereafter erected or structurally altered shall exceed a height of seventy -two (72) feet. Developments which provide a minimum twenty (20) percent of the gross floor area for residential uses are entitled to add twenty -eight (28) feet to the structure. Any structure which is certified by CATA (Central Arkansas Transit Authority) as providing a portion of the structure for mass transit (such as a bus stop, etc.) is entitled to add fourteen (14) feet. If at least fifty (50) percent of the street -level office and retail space has direct access to the street, the total building square footage may be increased with additional floors (fourteen feet in height) at a rate of two (2) square feet for each one (1) square foot of leaseable space directly accessible to the street. Developments which provide a minimum eighty (80) percent of the gross floor area for residential uses are entitled to add up to twenty -eight (28) feet to the structure specifically to accommodate a parking structure which is incorporated into the structure. All building height bonuses in this section are cumulative, not to exceed two hundred twenty -five (225) feet. For those structures within the area described as 2nd Street south to 9d' Street and Scott Street west to Broadway, the maximum allowable structural height shall be governed by the "Adams Field Airport zoning ordinance" (Little Rock Code of Ordinances section 7 -57 [section 7 -51 et seq.]). Subsection (w). That Chapter 36., Section 36- 342.1(c)(2) be amended to provide for the addition of new text and to then read as follows: (2) [Screening.] All ground- mounted mechanical systems and trash receptacles and pickup shall be oriented away from a primary street side of the property and screened from the public right -of -way. Ground - mounted mechanical systems and trash receptacles shall be placed adjacent to alleys if alleys are available. Subsection (x). That Chapter 36., Section 36 -543. be amended to provide for the addition of a new subsection (9) to read as follows: (9) Off - premises signs except as specifically permitted elsewhere in this Article. 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: November 15, 2005 ATTEST: Nancy Wood City Clerk APPROVED: Jim Dailey Mayor