This chapter may be cited as "The Zoning Ordinance of the City of Little Rock, Arkansas."

(Code 1961, Ch. 43, § 1-101)

Words in the text or tables of this chapter shall be interpreted in accordance with the provisions set forth in this section and section 36-3. Where words have not been defined, the standard dictionary definition shall prevail. In any case, the planning director or his designated agent shall have the right to interpret the definition of the word.

Abutting means having property or district lines in common. Since zoning district lines fall to the centerline of a street, alley or waterways, lots which appear physically separated abut at the district line.

Access means the way or means by which a piece of property is approached or entered.

Accessory building or use means a building or use which:

(1)

Is located on the same zoning lot as the principal building or principal use;

(2)

Serves the principal building or principal use;

(3)

In other than a residentially-zoned district, is subordinate in area, extent or purpose to the principal building or principal use served. Accessory structures in residentially-zoned districts shall be subordinate in area, extent and purpose to the principal building and residential use; and

(4)

Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use.

Accessory dwelling means a self-contained living unit in a detached structure subordinate in both land coverage and gross floor area to the principal dwelling on the lot. Such accessory dwellings shall comply with the bulk and area provisions of sections 36-156 and 36-252.

Addition means any construction which increases the size of a building such as a porch, attached garage or carport, or a new room or wing.

Alley means a permanent public service way which affords only a secondary means of access to abutting property.

Authorized agent means a person authorized by the landowner to act in his behalf.

Basement means a story partly underground and having at least one-half its height above the average level of the adjoining ground. A basement shall be counted as a story if subdivided and used for dwelling or business purposes.

Buffer, land use means a device in the form of a strip of land lying parallel and adjacent to a property line common to a dissimilar use of a more restrictive nature. The plantings, existing and proposed, shall be as provided within the landscape ordinance of the city, section 15-81 et seq. The purpose of this buffer is to provide for minimum livability and maximum required visual screening and physical separation of uses of a dissimilar nature.

Buffer, street means a device in the form of a strip of land lying parallel and adjacent to a public street right-of-way. The plantings, existing and proposed, shall be as provided within the landscape ordinance of the city, section 15-81 et seq. The purpose of this buffer is to provide for minimum livability, a separation of the traffic movements, both on and off the site, and a visual screening and spatial separation of certain uses and/or activities from the public right-of-way.

Buildable area means the space remaining for construction on a lot after the minimum area requirements (yards, setbacks, coverage) have been met.

Building means a constructed edifice designed to stand more or less permanently, covering a space of land, covered by a roof and enclosed by walls, and serving as a shelter for the intended occupancy. For the purposes of this definition, all porches, carports, patios or other similar attachments to a building shall be deemed to be a part of the building.

Building, attached means a building which shares a continuous wall, roof, floor or other structural element with other adjacent building.

Building, detached means a building having no wall, roof, floor or other structural element in common with another building.

Building, enclosed means a structure which by design and construction provides a solid roof, and walls on all sides.

Building facade means the area of a single building elevation which encompasses all of such elevation from ground or grade level to the top, and from one (1) side to the other side of the building.

Building height means the vertical distance as measured through the central axis of the building from the elevation of the lowest finished floor level to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between the eaves and ridge of a gable, hip or a gambrel roof. This definition shall not be deemed to include church steeples, bell towers, antennas, chimneys, or other similar structural embellishments.

Building lines means a line, usually fixed parallel to a lot line, beyond which a building cannot extend under the terms of the zoning ordinance. It is equivalent to the setback or yard line.

Building, nonconforming means an existing building which fails to comply with the regulations (for height, size, areas, yards and location) set forth in this chapter applicable to the district in which this building is located.

Building, principal means a building in which is conducted the main or principal use of the lot on which the building is situated.

Build-to-line means the line where the exterior facade of a building is to be located excluding any projections.

Certificate of occupancy means official certification that a premises conforms to provisions of the zoning ordinance (and building code) and may be used or occupied. Such a certificate is granted for new construction or for alteration or additions to existing structures. Unless a certificate is issued, a structure cannot be occupied.

Commercial surface parking lot means a surface parking lot, which has spaces for lease or sale on an hourly, daily, monthly or annual basis.

Commercial vehicle means any bus, trailer, van, truck, tractor other vehicle and/or trailer which has a current license and safety inspection, the purposes of which are the transport of people, merchandise, the moving of furniture or other goods, hauling or towing of equipment or other vehicles. This definition shall include backhoes, bulldozers or other wheeled or tracked vehicles engaged in construction or land development occurring off-site, whether or not properly licensed.

City means the City of Little Rock, Arkansas.

Commission means the Little Rock Planning Commission.

Common usable open space means that portion of land or an area of water or a combination of land and water within the site designated for a planned unit development and designed and intended for use and enjoyment of residents and owners of the planned unit development, and easily accessible to all the residents. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners of the planned unit development, but shall not include parking lots, streets and other areas designed primarily for other than common recreational or open space use.

Conditional use means a use permitted in zones where they are specifically listed as conditional uses and are subject to special conditions as determined by the planning commission as outlined in this chapter.

Corner lot means a lot located at the intersection of two (2) streets not sharing the common centerline.

County means Pulaski County, Arkansas.

Drive-through means an establishment which by design of physical facilities or by the type of service offered, the customer conducts business from a motor vehicle.

Dwelling, attached means adjoining dwelling units, each of which is separated from the others by one (1) or more unpierced common walls extending from ground to roof.

Dwelling, multiple-family means a dwelling designed for or occupied by more than two (2) families.

Dwelling, single-family detached means a dwelling designed for and occupied by not more than one (1) family.

Dwelling, two-family means a building designed for and occupied by not more than two (2) families in separate dwelling units, living independent of each other.

Dwelling or dwelling unit means any room or group of rooms located within a structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one (1) family.

Easement means a right-of-way or parcel of land specified or set aside for a specific use, normally used for access, utilities, and other public or private usages given by the owner of land to another party.

Eave means the weather-protective overhanging lower edge of a roof.

Family means, in addition to customary domestic servants, the following:

(1)

An individual or two (2) or more persons related by blood, marriage or adoption, maintaining a common household in a dwelling unit; or

(2)

A group of not more than four (4) persons who are not related by blood, marriage or adoption, living together as a common household in a dwelling unit.

This definition of family is established for the purpose of preserving the character of residential neighborhoods by controlling population density, noise disturbance and traffic congestion, and shall not be applied so as to prevent the city from making reasonable accommodation where the city determines it necessary to afford handicapped persons living together in a household equal access to housing pursuant to the federal Fair Housing Amendments Act of 1988.

Fence, height means the vertical measurement of a fence from the finished yard grade at the bottom of a fence to the top line or edge of the fence. Fence posts or columns may be erected to a height not to exceed two (2) feet above the allowable fence height, provided the columns or posts do not exceed twenty-four (24) inches in width and the spacing between columns or posts is not less than eight (8) feet. For purposes of fences erected upon any wall, the height shall include the vertical dimension of the wall.

Fence, opaque means a manmade barrier constructed to provide privacy and visual separation between dissimilar uses. Such fences shall be impervious to rays of visible light.

Flood hazard boundary map (FHBM) means an official map of a community, issued by the federal insurance administration, where the areas within the boundaries of special flood hazards have been designated as zone A.

Flood insurance rate map (FIRM) means an official map of a community, on which the federal insurance administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the federal insurance administration. The report contains flood profiles, the water surface elevation of the base flood, as well as the flood hazard boundary-floodway map.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Floor area means the total area of all floors of a building measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts, attached garages, porches and balconies.

Greenhouse means a building or structure, temporary or permanent, that provides a controlled environment for the placement of plants for sale, the planting and raising of plants or the display of plants for education, entertainment or artistic endeavor.

Gross acreage means the total acreage of the proposed development including areas designated for internal streets and other public facilities.

Gross leasable area means the revenue-producing portion of a structure.

Handicapped persons shall mean those so defined in the Fair Housing Amendments Act of 1988, as may be amended from time to time, and shall include persons with a physical or mental impairment which substantially limits one (1) or more of such person's major life activities, or who have a record of having such an impairment, or who are regarded as having such an impairment. This definition does not include current, illegal use of or addiction to a controlled substance as the latter term is defined by Arkansas law.

Home occupation means an accessory use of a dwelling that shall constitute either partially or entirely the livelihood of a person living in the dwelling. Such use shall in every respect be subordinate to the principal use as a single-family residence. These accessory uses shall be subject to the accessory use permit provisions of the various districts.

Load carrying capacity means the total weight of all cargo, mechanical equipment, housings or other appurtenances; erected, mounted or otherwise affixed to a vehicle above or outside of the primary vehicle frame or chassis.

Loading space (off-street) means an unobstructed, hard-surfaced area no part of which is located in any street or public right-of-way and the principal use of which is for the standing, loading or unloading of trucks and trailers.

Lot means a parcel of land legally defined in a recorded deed or a recorded plat, fronting on a public dedicated right-of-way or other approved private drive. The lot shall establish one (1) building site and comply with chapter 31.

Lot area means the total horizontal area included within the lot.

Lot coverage means the percentage of lot area occupied by the ground area of principal and accessory buildings on such lot.

Lot depth means the mean horizontal distance between the front lot line and the rear lot line, or the distance between the midpoint of the front lot and the midpoint of the rear lot line.

Lot, double frontage means a lot having frontage on two (2) nonintersecting streets.

Lot, interior means a lot other than a corner lot.

Lot line, front means the property boundary line that runs common with and adjacent to a street frontage or right-of-way separating such lot from such street; in the case of a double frontage lot or a corner lot, each line separating such lot from the street shall be considered a front lot line. For purposes of the front yard requirements established by this chapter, only one (1) street front yard setback shall be required unless it is specifically stated in the district provisions that a front yard setback is required for all street frontages.

Lot line, rear means that property boundary line which is generally parallel to and most distance from the front lot line of the lot.

Lot line, side means a property line which in most instances connects the front and rear property lines and may consist of a single line or bearing or may take the form of a curve or compound alignment. All property lines shall be considered side lot lines except for the required street front or rear lines.

Lot lines means the property boundary lines.

Lot of record means a parcel of land that is a lot in a subdivision recorded on the records of the county recorder's office, or that is described by a metes and bounds description which has been so recorded prior to the subdivision regulations in effect, or lots exempt from those regulations.

Lot width means the mean horizontal distance between the side lot lines of a lot measured at right angles to the depth; measurements shall be made at the front building line.

Natural state is the condition of a land area which is intended to remain undisturbed including topography, trees and vegetation. Enhancements such as landscaping, replacement of underbrush and other treatments may be made if approved as part of a site development plan.

Nonconforming building or structure means any building or structure lawfully existing on the effective date of this chapter, as amended, which does not comply with all of the regulations of this chapter for governing parking, or bulk and area requirements for the zoning district in which such building or structure is located; provided, however, any building containing more than one (1) dwelling unit in addition to the number permitted by the district regulations in the district where it is located shall be deemed to be a nonconforming use rather than a nonconforming building.

Nonconforming use means any use lawfully being made of any land, building or structure, on the effective date of this chapter, as amended, which does not comply with all the regulations of this chapter governing use for the zoning district in which such land, building or structure is located.

Off-site means a circumstance whereby a tract of land is physically separated from another by the intervention of a public street, alley or an unrelated ownership.

Parking means the act of or a state wherein motion has completely ceased. The vehicle involved, whether trailer or self-propelled, has been disconnected from its power source or the engine has been turned off; the driver or operator has left the vehicle unattended.

Parking lot means any area subject to wheeled traffic including access areas used for parking, except for single-family or two-family development.

Parking space, off-street means a space for the parking of a motor-driven vehicle within a parking lot and having a permanent means of access to a street right-of-way without requiring passage through another parking space. Such space shall meet all dimension and angle criteria in article VIII of this chapter.

Pedestrian "urban" oriented means a development pattern designed at a human (pedestrian) scale and orientation. This includes provision of visual items of interest for the pedestrian; window displays, streetscape amenities.

Plan means a fully dimensioned drawing which illustrates in detail all elements of a development proposal including, but not limited to, property lines, streets, easements, structural elements and landscaping. A plan is prepared by a professional surveyor, architect or engineer, appropriately certified.

Plan, final means a fully dimensioned drawing which illustrates in detail all elements of a development proposal including, but not limited to, property lines, streets, easements, structural elements and landscaping. A final plan is prepared by a professional surveyor, architect or engineer. A final plan further contains proper certification for accuracy and deletes natural land features. Natural land features and elements illustrated on a preliminary plat are replaced in the final plan by structural elements such as walls, ditches and other drainage facilities intended to alter land forms.

Plan, preliminary means a fully dimensioned drawing which illustrates in detail all elements of a development proposal including, but not limited to, property lines, streets, easements, structural elements and landscaping. A preliminary plan is prepared by a professional surveyor, architect or engineer. A preliminary plan further includes all development phase lines providing construction stages, topography, drainage and other natural land features.

Plat means an engineering drawing which provides for all data related to a development of land and certified as to accuracy by a professional surveyor or engineer.

Plat, final means an engineering drawing which provides for all data related to development of land certified as to accuracy by a professional surveyor or civil engineer, illustrating details necessary, conveying ownership, dedication, etc. However, no information as to physical features or use is reflected. A final plat is prepared in a form suitable for recording.

Plat, preliminary means an engineering drawing which provides for all data related to a development of land certified as to accuracy by a professional surveyor or civil engineer, illustrating the details as necessary to establish a development format with physical land features and usage.

Primary streets means Capitol Avenue, Broadway Street, Byrd Street, Center Street, Chester Street, Commerce Street, Cross Street, Cumberland Street, Louisiana Street, Main Street, Markham Street, 9 ^th Street, President Clinton Avenue, River Market Avenue, Scott Street, 7 ^th Street (west of Center Street), Spring Street and State Street.

Principal use means the use which fulfills the primary function of an establishment, institution, household or other entity.

Private passenger vehicle means a vehicle which has a current safety inspection and license plate, the primary purpose being to provide transportation for fewer than nine (9) people, a secondary purpose being to provide transport for small personal items, such as luggage, groceries, clothing, etc. This definition shall include all recreational vehicles, ATVs, race cars, hobby vehicles and vehicles authorized for use in association with a home occupation.

Reclassification means an amendment to or a change reflecting a change or revision or modification of the zoning district boundary map.

Residence means a building or part of a building containing one (1) or more dwelling units or rooming units. "Residence" does not include:

(1)

Such transient accommodation as a transient hotel, motel, tourist home or similar establishment; or

(2)

A dormitory, fraternity or sorority house, monastery or convent, or similar establishment containing group living or sleeping accommodations; or

(3)

Nurses' residence, sanitarium, nursing home, convalescent home, rest home, or other sleeping or living accommodation in community facility building or portion of a building used for community facility use.

Right-of-way, public means an area of land deeded, reserved by plat, or otherwise accepted and maintained by the city, the county or the state for public use.

Satellite, television, signal receiving dishes, ground-mounted means a device commonly parabolic in shape, mounted at a fixed point on the ground for the purpose of capturing television signals transmitted via satellite communications facilities and serving the same or similar function as the common television antenna. Such devices are defined in this chapter as accessory structures.

Screening is the use of natural or manmade topography, berms, fences, walls, trees, shrubs, ground cover or any combination thereof which partially or completely blocks the view of one area from another.

Screening, opaque means a manmade device on or a natural feature of a property which restricts access or visibility, the purpose of which is to provide privacy, separation of use and lessen the impact of automobile lights on an adjacent use. Such screening shall be opaque in nature and disallow the passage of visible light frequencies.

Site plan review means the process whereby the planning commission and staff review the site plans and maps of a developer to assure that they meet the stated purposes and standards of article II, division 5 of this chapter.

Street means a publicly maintained right-of-way, other than an alley, which affords a primary means of access to property.

Structural alteration means any external change either in the supporting members of a building, such as a bearing wall, column, beam or girder; or in the dimension or configuration of the roof or other exterior wall.

Structural tie means a physical connection between buildings or structures whose design intent is to create a single principal building or structure. Such connections shall be limited to closed constructions that are heated or cooled common to the structures tied. Covered walks, patios and similar constructions attaching buildings or structures are expressly exempted.

Structure means anything constructed or erected or installed by man, the use of which requires more or less permanent location on the ground or attached to something, or attached to something having a permanent location on the ground, including but not limited to, buildings, towers and smokestacks.

Use means a purpose to which land is committed.

Variance means an exception from the strict application of the provisions of this chapter.

Wall, decorative means a structure the design of which is intended to visually or physically separate one area from another; to extend a building feature; in all instances a free standing structure except as may be attached to another structure at the ends.

Wall, structural means a structure the design of which is intended to provide vertical or horizontal foundation or support for another structure or land form.

Yard, exterior means any yard which is adjacent or parallel to a public right-of-way or designated floodway, as specified on the flood insurance rate maps.

Yard, front means the required area of open space extending across the full width of the lot, the depth of which shall be the least distance between the front lot line and the nearest point of the main building or of any open, unenclosed porch or paved terrace as measured from the exterior face of the building foundation.

Yard, interior means any yard which does not run adjacent to or parallel with a public right-of-way or a designated floodway.

Yard, rear means the required area of open space extending across the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such building.

Yard, side means the required area of open space between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard, the width of which shall be the least distance between the side lot line and the nearest point of the main building.

Zoning district means a section of a city designated in this chapter in which requirements for the use of land and building and development standards are prescribed.

Zoning district boundary means that boundary line which separates unlike zoning districts.

Zoning lot means a parcel of land that is designated by its owner or authorized agent as a tract, all of which is to be used, developed or built upon as a unit under a single ownership. A zoning lot may consist of any standard lot or a combination of a lot and any legally recorded portion of a lot that existed prior to the passage of this chapter. When determining the front, rear and side yard setbacks for a zoning lot, the required distance shall be measured from the exterior boundaries of the zoning lot.

(Code 1961, Ch. 43, § 2-102(a), (b); Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,553, § 1n, uu, xx, 9-20-88; Ord. No. 15,571, § 1i, 11-1-88; Ord. No. 15,615, § 1a, 1-3-89; Ord. No. 15,832, § 1b, 4-3-90; Ord. No. 15,841, § 1, 4-17-90; Ord. No. 16,341, § 1(t), (x), (bb), (ee), 1-19-93; Ord. No. 16,861, § 1(o), (aa), 3-21-95; Ord. No. 18,228, § 2, 3-7-00; Ord. No. 18,324, § 1(c), (z), 8-1-00; Ord. No. 19,052, § 1, 2-3-04; Ord. No. 19,395, § 1(a), 9-6-05; Ord. No. 19,910, § 1(e), 1-15-08; Ord. No. 20,326, § 1(g), 9-21-10; Ord. No. 21,017, § 1(c), 4-7-15)

Cross reference— Definitions and rules of construction generally, § 1-2.

The following definitions and explanatory notes supplement, restrict, and define the meaning and intent of the use regulations in this chapter. The first eighteen (18) uses listed are residential in nature and have been grouped at the top of the list. Other uses follow in alphabetical order:

Agricultural products processing means a facility which involves the operation of processing, preparing or packaging agricultural products which are not grown on the site.

Aircraft means any contrivance now known or hereafter invented for use in or designed for navigation of or flight in air.

Airport or landing field means any area of land or water designated, set aside, continuously used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas designated, set aside, used, or intended for use, for airport buildings or other airport facilities, rights-of-way, or approach zones, together with all airport buildings and facilities located thereon.

Ambulance service, headquarters post means a facility established to transport infirm or injured persons from one (1) place to another by means of the appropriate vehicle or aircraft. This use consists of all services related to provision of ambulance service including but not limited to: Administration, operations, dispatch, communications, vehicle maintenance, eating facilities and storage and crew sleeping quarters.

Ambulance service post means a facility for the posting of crews and ambulance units only in various sections of the city. The post may consist of sleeping quarters for crew and parking of ambulances and employee vehicles.

Amusement, commercial (inside) means an amusement enterprise wholly enclosed in a building, including, but not limited to, a bowling alley, billiard parlor, or a facility intended for dancing whether or not a fee is charged for admittance.

Amusement, commercial (outside) means any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge where any portion of the activity takes place in the open, including but not limited to a golf driving range, archery range or miniature golf course.

Animal clinic (enclosed) means a facility, without outside runs, for the diagnosis and treatment of pets and other animals including, but not limited to, dogs, cats, birds and horses. No outdoor boarding of these animals shall be allowed overnight.

Animal pound or kennel means a public or private facility including outside runs for enclosure of animals, especially stray or unlicensed pets, or for pets being boarded for short period of time.

Antique shop with repair means an establishment offering for sale articles such as glass, china, furniture or similar furnishing or decorations which have value and significance as a result of age, design or sentiment. This use shall include as an ancillary activity, the refinishing, repair or reupholstery of furniture or other antiques sold or displayed for sale on the premises. Enclosure of use required. Limited to ten (10) percent of gross floor area.

Antique shop without repair means an establishment offering for sale articles such as glass, china, furniture or similar furnishing or decorations which have value and significance as a result of age, design or sentiment. No refinishing, repair or upholstery work permitted.

Appliance repair means a shop for the repair of household and home equipment, such as electrical appliances, lawn mowers, tools and similar items.

Auction, general merchandise means the public sale of merchandise, equipment, or other physical goods to the highest bidder. This use is not restricted to closed buildings and may be conducted parttime or open air provided all other provisions of this chapter are met.

Auto auction means a facility for the sale of automobiles to the highest bidder.

Auto glass or muffler shop means a facility for installation or replacement of auto glass and mufflers.

Auto or truck rental and leasing means a facility which for a fee provides automobiles, trucks and trailers for rent or lease. This may include ancillary activities, such as: repair, maintenance, washing and sales of used units.

Auto painting or body rebuilding shop means a facility for restoring auto bodies, painting or refinishing.

Auto parts and accessory sales means a facility having auto parts, accessories and tools for sale.

Auto parts, sales with limited motor vehicle part installation means a facility primarily for the sale of auto parts with the accessory function of installation of parts. Part installation is limited to such functions as tire mounting and other periodic parts maintenance. Engine rebuilding or major repair work is prohibited.

Auto rental or leasing (no service, sales or repair) means a facility limited to an office space, with display of automobiles which for a fee are rented or leased.

Auto repair garage means a facility for major motor vehicle repair, excluding body rebuilding.

Automobile or motorcycle display, sales or service means a facility for display, service and sale of new or used automobiles, motorcycles, recreational vehicles and trailers.

Bakery or confectionery shop (retail) means a place for baking or selling baked goods, or a place for preparing, cooking, making or selling candy or other sweets.

Bank or savings and loan means a facility which has as its primary purpose the custody, loan, exchange or issue of money, the extension of credit and the transmission of funds, including drive-in facilities and automatic teller machines.

Bar, lounge or tavern means an establishment, the primary activity of which is the sale and consumption on the premises of beer, wine or other alcoholic beverages, and where any food service is secondary to the sale of beer, wine or other alcoholic beverages. This use may include a facility for dancing.

Barber or beauty shop means a facility licensed by the state where hair cutting, hair dressing, shaving, trimming beards, facials, manicures or related services are performed.

Bed and breakfast house/short-term rental type 1 (STR-1) means an owner-occupied, single-family, two (2)-family or multi-family dwelling unit which contains not more than nine (9) bedrooms or guest rooms, no more than one (1) of which may be located in an approved accessory dwelling, which for a fee may be occupied by a guest for no longer than twenty-nine (29) consecutive days. Bed and breakfast house/short-term rental type 1 (STR-1) are a land use allowed only where the planning commission has granted a special use permit in accordance with chapter 36, article 11, section 36-54 special use permits.

Bed and breakfast house/short-term rental type 2 (STR-2) means a non-owner occupied single-family, two (2)-family or multi-family dwelling unit which contains not more than nine (9) bedrooms or guest rooms, which for a fee may be occupied by a guest for no longer than twenty-nine (29) consecutive days. Bed and breakfast house/short-term rental type 2 (STR-2) are a land use allowed only where a planned zoning district has been approved in accordance with chapter 36, article VII, planned zoning district.

Beverage store means a facility for the sale of beer, wine or liquor not for on-premises consumption.

Book and stationery store means a facility for the sale of books, pamphlets, paper, pens, ink and associated items; not involving wholesale distribution.

Bottled gas, bulk storage nonflammable or nonhazardous means a facility for the warehousing or storage of any quantity of gases above or below ground for purposes of filling canisters or tanks for the retail sale to end users.

Bottled gas, sales and service means a facility for the marketing of gases of any type for medical, manufacturing, welding or similar activities with no bulk storage or filling of tanks.

Brewery means an establishment operated under the definitions, terms and provisions of Arkansas Code Title 3 (A.C.A. § 3-1-101 et seq.) which manufactures beer, malt and hard cider up to forty-five thousand (45,000) barrels per year and which may sell products produced on-site for on-premises and off-premises consumption. The establishment may include a restaurant (eating place inside as defined in this chapter).

Building material sales means a facility for the sale of materials and hardware to be used for the construction, renovation, remodeling or other alteration of primary or accessory buildings.

Bulk storage of highly flammable and/or hazardous materials means all materials and substances which are designated or defined as hazardous or flammable by law or regulation of this state or by law or regulation of the federal government.

Bus or truck storage or garage means a facility in which currently licensed buses or trucks are stored or repaired.

Bus station and terminal means a facility on a common carrier line for bus docking, freight storage, and passenger loading and unloading. This shall not be construed to include passenger shelters which may be located on a local bus route.

Butcher shop means a facility for dressing and preparing animal carcasses for sale as smaller unit purchases. This use is entirely enclosed.

Cabinet and woodwork shop means a shop for the repair or creation of individual items of furniture and wooden home furnishings on a custom basis, not a factory, planing mill or similar woodworking plant.

Camera shop means a retail shop which sells photography items including cameras, film, photographic paper, auxiliary lenses, photo finishing, photo finishing material, projection equipment and other related items.

Car wash means a facility for washing or steam cleaning passenger automobiles (including a self-service operation), operating either as a separate facility or when installed and operated in conjunction with another use, and which installation includes equipment customarily associated with a car wash and which is installed solely for the purpose of washing and cleaning automobiles.

Catering, commercial means the preparation of foods, condiments and associated utensils or containers used in such activities. This definition shall include the serving and consumption of specialty food items and meals, both on and off-site. Enclosure of the use is required.

Catering/home cooking means the preparation, delivery and serving of foods, condiments and the utensils or containers used in such activities. This use shall provide for the serving and consumption of the prepared meals off-site. Enclosure of use is required.

Cemetery or mausoleum means a place or ground designated for burial of the dead. A mausoleum is a building with places for entombment of the dead.

Church means a place of worship and religious training and including accessory housing facilities such as a rectory.

Cigar, tobacco and candy store means the retail sale of cigars, cigarettes, pipe tobacco, candies and related items.

Clinic (medical, dental, optical) means a facility for examining, consulting with and treating patients, including offices, laboratories and outpatient facilities but not including hospital beds for overnight care or treatment.

Clothing manufacturing means operations involving cutting, sewing, forming and packing of garments and similar items, including the making of millinery and clothing accessories.

Clothing store means a retail facility for selling male or female apparel.

College dormitory means a college residence hall providing sleeping rooms.

College fraternity or sorority means an organization formed chiefly for social purposes which may have secret rites and a name usually consisting of Greek letters.

College, university or seminary means a college or university is an academic institution of higher learning beyond the level of public, parochial, elementary or secondary schools. A seminary is an institution for the training of candidates for the priesthood, ministry or rabbinate.

Communications, receiving or transmitting means a facility for the relay of audio or video communications where the principal function is receiving and channeling communication obtained from or originating at another location.

Community, welfare or health center means a community service facility where social, recreational, welfare, health or child care assistance is provided by a public quasi-public, tax exempt, church or municipal agency.

Contractor maintenance yard means an open storage yard for supplies and operational equipment, but not constituting a junk or salvage yard.

Convenience food store with gas pumps means a small food store whose primary function is the sale of convenience food items such as bread, milk, etc. Operational gas pumps and petroleum sales are provided on the site. No automobile parts, sales or service is allowed.

Convent or monastery means dwelling units of a religious order or congregation for persons under religious vows.

Correctional facility means a staffed and supervised community based transitional facility for housing persons serving all or part of a sentence or probation, for violation or conviction of a criminal offense, and which may also provide structured programs and services such as counseling and job placement to the residents. This definition excludes jails, prisons and detention centers operated by any local, county, state or federal government, and facilities operated by any state agency subject to statutory notice provisions.

Country club, private membership means an area of twenty (20) acres or more containing a golf course and a clubhouse available only to the membership. Such a club may contain as adjacent facilities a private club and dining room, swimming pool, tennis courts and similar service and recreational facilities.

Crematory, crematorium or crematories means an establishment for the reduction of bodies to ash by fire either directly or in ovens or by a retort. This use shall be conducted entirely within an enclosed area.

Custom sewing and millinery means custom making of apparel and millinery, not involving a factory.

Day camp means a recreational facility or area maintained under private or public auspices with open air or structural involvement which provides for recreational activities, overnight lodging, counseling or other activities sponsored by a nonprofit, charitable, or religious organization.

Day care center means any facility conducted under public or private auspices on a profit or nonprofit basis providing a planned child development program or giving direct care and protection for children which requires licensing by the state except as a licensed day care family home.

Day care center, adult means any facility conducted under public or private auspices on a profit or nonprofit basis providing a planned care program giving direct care and protection for adults which requires licensing by the state. This use is limited to the numbers of adults and hours per day set forth within state licensing guidelines.

Day care family home means any facility which provides child care in a family setting within a care giver's family residence in accordance with provisions of licensing procedures established by the State of Arkansas. This use is intended to fill that level of child care between unregulated babysitting and day care center.

Drugstore or pharmacy means a facility for preparing, preserving, compounding and dispensing drugs and medicines; and may include the display and sale of other merchandise such as cosmetics, notions, fountain service and similar items.

Duplication shop means a facility for the reproduction and copying of printed material or drawings.

Eating place inside means an establishment where food is available to the general public for consumption within a building on the premises. The design of the building shall not include provision for the sale of foods by the use of a drive-through window, nor the consumption of foods by customers within vehicles parked on-site.

Eating place with drive-in service means an establishment which by design of physical facilities or by the type of service and packaging permits or encourages the purchase of prepared, ready-to-eat foods for consumption on or off the premises and which does permit consumption on the premises in motor vehicles.

Eating place without drive-in service means an establishment where food is available to the general public primarily for consumption within a structure on the premises or which by design of physical facilities or by type of service and packaging permits or encourages the purchase of prepared, ready-to-eat foods intended for consumption off the premises, and where the consumption of food in motor vehicles on the premises is neither permitted, nor encouraged.

Establishment of a religious, charitable or philanthropic organization means the offices and activities sponsored by or operated by organizations established for religious or philanthropic purposes, including training and educational facilities and similar establishments, but not including group residential uses.

Establishment for care of alcoholic, narcotic or psychiatric patients means an establishment offering residence for outpatient treatment to alcoholic, narcotic or psychiatric patients.

Estate sales means a retail sales use that is typically located on the premises of a person or persons desirous of disposing of household possessions. This use shall be limited to the sales of furniture or household possessions from that residence. The accumulation of articles from more than one (1) household shall not be offered for sale at a single residential location.

Event center means any privately owned property, building or portion of a building, the primary purpose of which is to be rented or leased for parties, entertainment functions, conventions, conferences, seminars, assemblies or meetings. This definition shall not include those facilities, banquet halls or meeting facilities which are an ancillary use to a permitted use within a zoning district.

Family care facility means a facility which provides resident service in a family-like environment to six (6) or fewer individuals and not more than two (2) staff personnel. These individuals require a minimal level of supervision and are provided service and supervision in accordance with their individual needs.

Feed store means a facility for the sale of grain, prepared feed and forage for pets, livestock and fowl, but not involving the grinding, mixing or commercial compounding of such items.

Fire station means a building specifically constructed to house fire fighting apparatus, firemen and living accommodations for full-time occupancy.

Florist shop means a facility for the retail sale of cut or uncut flowers and ornamental plants and accessory items. Enclosure of use required.

Food store means an establishment where foods and associated items are kept and displayed for retail sales.

Foundry or metalworks means a facility for the melting, smelting, molding or otherwise processing or manufacturing of metallic minerals.

Furniture repair store means a facility for repairing and reupholstering furniture, including specialized equipment.

Furniture store (new) means a retail facility for displaying and selling new furniture, and may also include appliances such as radios, televisions, stereos, refrigerators, stoves and lawn furniture.

Glass/glazer, (installation, repair and sales) means a business whose principal activity is the cutting, setting and finishing of glass for residential or business buildings and the sales of glass and appurtenances.

Grain elevator or feed mill means a facility for the storage or mixing or grinding of grains or other prepared foods to be used for pets, livestock or fowl.

Group care facility means a facility providing shelter, counseling and other rehabilitative services to more than six (6) but fewer than sixteen (16) residents and not more than three (3) staff or supervisory personnel. The individuals require some level of supervision or care, however, no medical or nursing care shall take place on the site. The facility shall be licensed and/or approved by the State of Arkansas.

Group home means a facility that does not fall within another defined facility category within this section and which provides housing in a family-like environment to more than four (4) handicapped individuals. This use is permitted only as a special use as designated in this chapter.

Handicraft, ceramic, sculpture or similar art work means a facility to individually create objects such as leather goods; jewelry; oven-fired, nonmetallic mineral products or carved three-dimensional works of art, not a factory.

Hardware or sporting goods store means a retail facility for selling cutlery, tools, utensils, screws, nails and similar items; or athletic uniforms, sport clothing and sporting equipment.

Hauling and storage company means a facility for warehousing, transferring or keeping goods.

Health studio or spa means a facility other than a regularly licensed hospital, operating for a profit to promote physical fitness or weight control, and where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician or chiropractor, whether with or without use of mechanical or therapeutic devices.

High rise, multifamily means any structure housing residential units (public or private) which exceeds a height of thirty-five (35) feet.

Hobby shop means a facility for the sale of hobby supplies such as model kits, art equipment and materials.

Home center means a facility which retails appliances, fixtures, building materials and other similar items for the maintenance and improvement of residential structures.

Homeless shelter means a facility providing temporary housing to indigent, needy, homeless or transient persons. Such a facility shall be permitted to also provide ancillary services such as meals, counseling and vocational training.

Hospital means an institution which is licensed by the state where sick or injured patients are given medical or surgical treatment intended to restore them to a healthy and active life or where persons suffering from generally permanent types of injury, illness, deformity or age are given care and treatment on a prolonged or permanent basis.

Hotel or motel means a temporary abiding place containing ten (10) or more guest rooms or units furnishing customary hotel services such as linen, maid service, service and the use of, and upkeep of furniture.

Housing, elderly means three (3) or more dwelling units specifically designed and intended for occupancy by the elderly. This use typically provides ancillary services on-site, such as transportation, recreation, and common dining facilities. Density of development shall be the measure of private sleeping accommodations or beds. In no instance shall the unit density per acre exceed that provided in the R-5 district.

Industrial uses not listed (enclosed) means any completely enclosed industrial use which is not specifically listed in this chapter.

Institution for special education means an educational institution licensed by the state, whether private, public or religious which provides special training or care for children suffering learning disabilities such as dyslexia, autism, mental retardation or brain damage.

Jewelry store means a facility which retails watches, rings, bracelets, necklaces and similar items.

Job printing; lithographer; printing or blueprinting plant means a plant or facility for commercial reproduction of material or drawings on a job order or bulk basis utilizing lithography, offset printing or other purposes.

Junk or salvage yard means any establishment maintained, used or operated for the storing, keeping, dismantling, salvaging, buying or selling of:

(1)

Scraps or discarded pieces of metal, paper, rags, tires, bottles and other materials.

(2)

Inoperable, wrecked, scrapped, ruined or discarded automobiles, automobile parts, machinery or appliances.

A junk or salvage yard shall not include premises on which such uses are conducted entirely within a completely enclosed building, nor shall a junk or salvage yard include premises used primarily for the sale or storage of operable automobiles or for the overhaul or full repair thereof, so long as no inoperable junk or wrecked automobile remains outside more than thirty (30) days. Any premises on which there remains outside more than thirty (30) days an inoperable, partially dismantled, wrecked or junked automobile shall be deemed for the purpose of this chapter, a junk or salvage yard.

Key shop means a facility for the sale or duplication of keys.

Laboratory means a facility for testing and analyzing problems of general health or which performs a scientific test, analysis or experimental study.

Laboratory, manufacturing means operations involving the compounding of products such as perfumes, pharmaceuticals and the development and assembly of instruments and similar items.

Landscape service means a facility for the design and implementation of design of residential and business landscaping. This facility may include the storage of landscape materials in bulk form as well as the required machinery or equipment for installation.

Laundromat means a coin-operated facility designed for use by the general population for the cleaning and/or dry cleaning of domestic laundry items.

Laundry, domestic cleaning means a facility for the cleaning or dry cleaning of domestic laundry items. These items are, but not limited to, personal clothing, towels and linens.

Laundry, industrial means a facility for the cleaning of commercial or industrial bulk items from retail, industrial or other business activities. These items are, but not limited to, uniforms, towels and linens and floor mats.

Laundry pickup station means a facility for the collection and return of domestic laundry items. This use is to be totally enclosed.

Lawn and garden center, enclosed means a facility for the sale and rental of plants and other landscape or gardening supplies and the equipment used in the installation or maintenance thereof. This use shall be restricted to the enclosed portions of buildings. Outside display is expressly prohibited.

Lawn and garden center, open display means a facility for the sale or rental of plants and other landscaping or gardening supplies and the equipment used in the installation or maintenance thereof. Open display shall be permitted outside of closed buildings provided such display does not occupy required off-street parking spaces and is screened as required by the commercial district's criteria.

Library, art gallery, museum or similar public use means an establishment for the loan or display of books, or objects of art or science which is sponsored by a public or quasi-public agency and which institution is open and available to the general public.

Light fabrication and assembly process means the manufacture and assembly of items not involving an excessive generation of noise, odor, vibration, dust or hazard.

Lodge or fraternal organization means a private, nonprofit organization whose primary purpose is to promote the fellowship of its members and which may conduct business associated with philanthropy or civic awareness.

Lumberyard means a facility which stores and sells cut lumber and other associated or accessory building materials.

Machine or welding shop means a facility in which metallic materials are processed by machining, cutting, grinding or welding.

Machinery sales and service means a facility for repairing equipment, selling and servicing of machinery.

Manufactured home means a factory-assembled detached dwelling unit with the following characteristics:

(1)

Designed for full-time occupancy and containing sleeping, bath and kitchen facilities.

(2)

Connections for utilities systems provided on the intended site.

(3)

Designed for highway transport with wheels, chassis, tongue and other features related to transportability.

(4)

Conformance with the minimum construction standards of the Federal Mobile Home Regulations of Title VI of Public Law 93-383, USC 5401.

This structural type is required to be placed upon permanent foundation supports with anchorage complying with the city's building codes. This definition shall be deemed to include modular homes that are factory assembled. This structural type is expressly prohibited in all zoning districts except R-7 and R-7A where it is a use by right subject to site plan review, and the R-2, R-3 and R-4 districts where it is allowed by conditional use permit.

Manufactured home, multisectional means a manufactured home with the additional characteristic of modular delivery to the permanent homesite. This structural type shall consist of two (2) or more modules designed for permanent attachment to make one (1) dwelling unit.

Medical appliance fittings and sales means a facility specializing in special purpose devices related to medical treatment.

Medical marijuana cultivation facility means an entity which has been licensed by the medical marijuana commission and operated in compliance with all applicable state rules that cultivates, prepares, manufactures, processes, packages, sells and delivers usable marijuana to a dispensary.

Medical marijuana dispensary means an entity that has been licensed by the medical marijuana commission and operated in compliance with all applicable state rules that sells medical marijuana. This term also includes cultivating dispensaries.

Microbrewery or microbrewery restaurant means an establishment operated under the definitions, terms and provisions of Arkansas Code Title 3 (A.C.A. § 3-1-101 et seq.) which manufactures beer, malt and hard cider up to twenty thousand (20,000) barrels per year and which may sell products produced on-site for on-premises and off-premises consumption. The establishment may include a restaurant (eating place inside as defined in this chapter).

Mini-warehouse means a warehouse facility which is utilized for the storage of personal possessions such as boats, trailers and furniture, and is available for rent to the general public.

Mobile canteen unit means a vehicle, including mobile food trucks, mobile food trailers, and push carts, offering food products or beverages for sale to consumers.

Mobile home, preregulation means a factory-assembled detached dwelling with the following characteristics:

(1)

Designed for full-time occupancy and containing sleeping, bath and kitchen facilities;

(2)

Connections for utility systems provided on the intended site;

(3)

Designed for highway transport with wheels, chassis, tongue and other features related to transportability.

This unit type is required to be placed on foundation supports with anchorage complying with the city building codes. This unit type is also recognized as having been constructed prior to the adoption of the National Manufactured Home Construction and Safety Standards on June 15, 1976. This structural type is expressly prohibited, whether for permanent or temporary occupancy, in all zoning districts except the R-7 manufactured home park district. This type of structure is also subject to the restrictions in sections 20-81 and 36-153.

Mobile home sales means a facility for the sale of mobile residences.

Mortuary or funeral home means a facility in which deceased bodies are prepared for burial and kept until burial, and in which funeral services may be conducted. A crematorium may be part of the services included within a full-service funeral home operation if a conditional use permit is properly obtained.

Motor freight terminal means a facility for freight loading and freight storage.

Multifamily means three (3) or more dwelling units, each occupied by not more than one (1) family.

Nursing home or convalescent home means a facility providing care and minor treatment under the direction of a physician licensed by the state or a facility providing services to patients for the purpose of achieving rapid recovery, may furnish basic provisions of food and laundry.

Office equipment sales and service means a facility for the display, sales, service or repair of equipment, machines or computers typically utilized in daily activities of general or professional offices.

Office, general or professional means a place for the regular transaction of business, but not to include the occupation by retail sales, transfer of manufactured goods or storage of commodities.

Office, showroom and warehouse means a facility for mixed use with the following characteristics:

(1)

A showroom for display of product line which does not include items for user purchase, except within C-3 general commercial district.

(2)

A storage or warehouse facility which occupies not more than sixty (60) percent of the gross floor area of the structure(s).

(3)

The principal office of the business;

(4)

Sales to contractors or other businesses installing or delivering to consumer and user.

Office, warehouse means a facility, combining office and warehouse functions in a single structure.

Optical shop means a facility for a dealer in optical items or for correcting vision.

Orphanage means a residential housing facility for homeless, abused or neglected children. This definition shall be deemed to include the provision of shelter, meals, clothing and counseling for on-site residents only. Accessory uses shall in every respect be subordinate to the principal use.

Paint and wallpaper store means a facility for selling paints, painting equipment and wallpaper.

Parking, commercial lot or garage means a facility for temporary storage of motorized or wheeled vehicles.

Pawnshop means a facility for loaning money on the security of personal property; unclaimed property may be sold on-premises.

Pet shop means a facility for the display and sale of small animals, fish and birds as pets, such as dogs, cats, parakeets, goldfish, tropical fish or canaries, without involving commercial boarding or treating of any animal, fish or bird.

Petroleum products, storage and wholesale means a facility for the storage and sale of petroleum products.

Photography studio means a facility for taking and processing pictures, not a bulk processing plant.

Plant nursery means an enterprise devoted to the planting and raising of vegetables, flowers and ornamental plants intended for transport to off-site locations for sale. On-site sale of products shall be permitted as set forth by subsection 36-338(b) of this Code. Enclosure of use shall not be required.

Plant nursery, wholesale and producer means a facility for the planting and raising of flowers and ornamental plants intended for transport to off-site locations for retail sales. Enclosure of use shall not be required.

Plumbing, electrical, air conditioning and heating shops means a facility providing supplies, repair, installation and sales of plumbing, electrical, air conditioning and heating equipment.

Private club with dining or bar service means a group of people associated or formally organized for a common purpose, interest or pleasure. Facilities include dining or bar accommodations, none of which are available except to members or their guests.

Racetrack means a facility for races, including closed course, straight-away or acceleration runs.

Railroad freight terminal means a facility on a railroad for freight classifying, docking and storage.

Railroad passenger station means a facility for loading and discharging of passengers.

Recycling and reclamation facility means a facility for receiving, storage and sorting of paper, glass, metals and other reusable materials or objects including the crushing, rendering or dismemberment of vehicles, containers or structures.

Recycling facility, automated means an accessory commercial structure and use which is intended for the receiving, storage and payment for receipt of metal cans. The activity is typically untended and occupies less than one hundred forty-four (144) square feet of land area. All functions of the use are fully enclosed, representing a vending characteristic only.

Recycling facility, materials recycling facility (MRF) means a facility for the receiving, sorting and processing of recyclable materials for reuse. This use receives metal, glass, paper or other recyclable materials typically collected by recycling programs of government or private business. This use processes and ships the materials to industry or businesses involved in reuse. This definition expressly excludes the receiving or processing of vehicles, building materials, petroleum products or flammable liquids. Enclosure of use required except as may be authorized by the zoning district.

Rendering plant means a facility for the reduction of slaughterhouse by-products into various meal or liquid products for use as animal foods, etc.

Retail uses not listed (enclosed) means any completely enclosed retail sales outlet which is not specifically listed in this section.

Retail uses not listed (with outside display) means any retail sales outlet which utilizes outdoor display of merchandise and is not specifically listed in this section.

Rooming, lodging and boarding facility means a building or establishment which provides for more than four (4) but fewer than sixteen (16) persons and may provide meal service. The building or facility shall be so arranged as to permit passage between all living elements such as dining, kitchen and bathrooms. Detached units or private access accommodations are not permitted.

Sand, gravel or earth sale and storage means a facility for storing and marketing sand, gravel and earth.

Sanitary landfill means a site for the accumulation of refuse or other discarded materials. However, this use shall not be construed to be a junk or salvage yard which is maintained, used or operated for storing, keeping, dismantling, salvaging, buying or selling of inoperable, wrecked, scrapped, ruined or discarded automobiles, automobile parts, machinery or appliances.

Sawmill means a facility having power-driven machinery for the purpose of sawing logs. Also, accessory facilities for the drying and storage of wood materials or by-products.

School, business means a business enterprise, not a public or private school, offering instruction and training in a service or art, such as secretary, barber and commercial artist, but not including commercial trades or crafts.

School, commercial, trade or craft means a business enterprise, not a public, private or business school, offering instruction and training in a trade such as welding, brick laying, machinery operation and other similar manual trades.

School, public, private or denominational means an educational institution operated under the auspices of either the Little Rock School Board or the Pulaski County School Board, or an educational institution operated by private or religious agencies which provide elementary or secondary education comparable to that which is offered by the public schools.

Seasonal and temporary sales, outside means an activity conducted on a zoning lot involving sales of merchandise customarily sold within the principal structure and those sales by transient users permitted in the district.

This activity shall be deemed to be an extension of the principal use of the land and subject to bulk, area and parking regulations. Displays may be located within approved temporary structures or as open display.

Secondhand store, used furniture or rummage shop means a facility for the sale of secondhand or used items in which there is no outside display.

Service station means a facility for furnishing gasoline or lubricating oils or materials for use in motor vehicles.

Service station with limited motor vehicle repair means a facility for the dispensing of oil and gas for motor vehicles as well as periodic engine maintenance and repair. Motor vehicles must be kept intact on the premises. No body or engine rebuilding is allowed.

Shoe repair means a facility for repair or reconditioning of footgear, handbags and other leather articles such as shoes, boots, sandals, wallets, purses and other similar products.

Shopping center means a group of unified commercial establishments built on a site which is planned, developed, owned, and managed as an operating unit related in its location, size, and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores.

Single-family means a single dwelling unit occupied by not more than one (1) family. It shall be detached in the R-1 through R-3 districts.

Slaughterhouse, closed facility means a facility for the killing and butchering of animals for their meat and various by-products. This use is entirely enclosed and does not have open holding pens or outside activity with the exception of loading docks.

Slaughterhouse, open facility means a facility for killing and butchering animals for their meat and various by-products. This use consists of open holding pens and activities limited by applicable state and federal regulations.

Sleeping quarters for drivers or crew means a housing facility for transient or temporary personnel such as long haul truck drivers and crews. This facility must be totally contained within the principal building on the site or if detached, must be authorized by the board of adjustment. This use is limited to bunks and showers only.

Small engine repair means a facility for the repair and servicing of internal combustion engines with a horsepower rating of ten (10) or less. This use must be totally enclosed. No outside display or storage.

Stable (commercial) means a facility which boards or rents horses to the public but not including a sales barn, auction or similar trading activity.

Stone, sand or gravel extraction means a site where stone, sand or gravel is mined or extracted for a profit.

Street sweepers and vehicle-mounted vacuum devices means self-propelled or towed mechanical systems that are utilized for vacuuming or sweeping dirt, trash or other debris from parking and drive surfaces. This includes but is not limited to parking and loading areas, driveways, streets public and private or other areas devoted to vehicle use.

Studio (art, music, speech, drama, dance or other artistic endeavors) means a facility for instruction, counselling or coaching in the arts, and for the development of personal skills or talents. This includes, but is not limited to, graphic, performing and literary arts. This activity is expressly limited to instruction, counseling or coaching.

Studio (broadcasting or recording) means a facility for broadcasting live or prerecorded programs by radio or television, or recording of records, tapes, videotapes or other recording media. Such facility may perform activities necessary for recording, programming and receiving of radio or television signals. Such facility shall not engage in mass production.

Swimming pool, sales and supply means a facility for display and retail sales of swimming pools, related supplies and service.

Tailor means a shop to alter, repair, fabricate or fashion garments.

Tannery means a facility for the processing of raw animal hides into leathers or other hide products through the use of various chemical processes.

Taxicab means a vehicle to carry a passenger between two (2) points for a fare based upon a meter, zone or other authorized system.

Taxi office means the general office of a for hire vehicle service with dispatch and parking of in service vehicles.

Taxi service facility means the operational facilities for repair, maintenance and storage of out of service vehicles.

Taxidermist means a facility for preparing, stuffing and mounting the skins of animals, birds or fish.

Theater, drive-in type means a facility arranged so that patrons can view the screen and receive the sound in the privacy of their cars, or while seated outside.

Theater, not drive-in type means a facility for showing motion pictures to an audience inside an enclosed structure.

Tire retreading or recapping means the installation of a new tread or wear surface on a vehicle tire carcass by cementing, molding, vulcanizing or other mechanical or chemical means. This use must be totally enclosed.

Tool and equipment rental (inside display only) means a facility for renting tools and equipment to the public with no outside display.

Tool and equipment rental (with outside display) means a facility for renting tools and equipment to the public where outside display is permitted.

Travel bureau means an agency engaged in selling or arranging transportation, trips or tours for individuals or groups.

Truck or trailer rental or leasing (no service, sales or repair) means a facility limited to an office space, with display of trucks or trailers which for a fee are rented or leased. This use shall not permit the installation of hitches or other towing apparatus.

Trucks or tractor sales or repair means a facility for the sales and repair of trucks, tractors or similar motorized vehicles. Any display or sales area must be paved.

Two-family means two (2) attached dwelling units on one (1) lot, each occupied by not more than one (1) family.

Upholstery shop, auto means a facility which performs repair or replacement of automobile coverings, fabric, springs and padding. This use must be totally enclosed.

Upholstery shop, furniture means a facility which performs repair or replacement of furniture coverings, fabric, springs and padding. This use shall be totally enclosed with all wood or material stains, paints or stripping processes in conformance with building and fire codes.

Utility storage yard means a facility either open or enclosed where a utility may store equipment or materials not in use or waiting for use.

Utility substation means a station which is subsidiary to a central station and at which a utility from the central station is converted or passed on to another area.

Vehicle maintenance or repair means a facility designed and operated as an ancillary activity. This activity is limited to vehicles or equipment stored, used or otherwise employed in the principal use of the land.

Warehouse or wholesaling means a facility for commodities stored or wholesaled. No outside storage is allowed in conjunction with a warehouse or wholesaling operation.

Water or sewage treatment plant and related facilities means a facility for the systematic collection and treatment and dispersal of water and waste materials.

Wood products manufacturing means a facility which cuts, trims, planes or otherwise finishes wood products on an industrial scale.

(Code 1961, Ch. 43, § 2-102(c); Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,438, § 1, 2-16-88; Ord. No. 15,553, § 1f, m, s, t, x, nn, pp, qq, ww, yy, 9-20-88; Ord. No. 15,702, § 1, 7-5-89; Ord. No. 15,703, §§ 1j, 1, 7-15-89; Ord. No. 15,835, § 1b, 4-3-90; Ord. No. 16,116, § 1(b), (h), (ee), (ii), (ss), 11-19-91; Ord. No. 16,341, § 1(a), (k), (u), (ii), 1-19-93; Ord. No. 16,437, § 2, 6-9-93; Ord. No. 16,861, § 1(h), (p), (aa), (dd), 3-21-95; Ord. No. 17,305, § 1(e), (m)—(q), (u), (v), (dd), (gg), 11-7-96; Ord. No. 17,409, § 1, 3-4-97; Ord. No. 18,324, § 1(e), (g), (x), (y), (bb), (mm), (nn), (ss), 8-1-00; Ord. No. 18,682, § 1(a), 5-21-02; Ord. No. 18,939, § 1, 9-16-03; Ord. No. 19,395, §§ 1(d)—1(f), 9-6-05; Ord. No. 19,910, § 1(c), 1-15-08; Ord. No. 20,255, § 1, 4-20-10; Ord. No. 20,281, § 1, 6-1-10; Ord. No. 20,326, § 1(n), 9-21-10; Ord. No. 20,396, § 1(f), 2-1-11; Ord. No. 20,407, § 1(f), 2-15-11; Ord. No. 20,568, §§ 1, 2, 4-3-12; Ord. No. 20,894, § 1, 6-17-14; Ord. No. 20,920, § 1, 8-19-14; Ord. No. 21,168, §§ 1(a), 1(j), 2-2-16; Ord. No. 21,469, § (a), 8-15-17; Ord. No. 22,274, § 2, 6-20-23)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

Violations of any provisions of this chapter shall be considered as misdemeanors; each day's violation shall be considered a separate offense.

(b)

Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be fined not less than fifty dollars ($50.00), nor more than five hundred dollars ($500.00) for each offense or violation. If the offense or violation is continuous in respect to time, the maximum penalty or fine shall not exceed two hundred fifty dollars ($250.00) for each day the offense or violation may be unlawfully continued.

(c)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter, the proper authorities of the city, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

(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-month period, the notice may require the person to abate the alleged violation within twenty-four (24) hours.

(Code 1961, Ch. 43, § 1-107; Ord. No. 15,247, § 1, 2-17-87; Ord. No. 19,438, § 1(d), 11-15-05)

The provisions of this chapter shall be held to be minimum requirements to meet the intent expressed in section 36-9. Where the provisions of this chapter impose greater restrictions than those of any other ordinance or regulation, the provisions of this chapter shall prevail. Where the provisions of any other ordinance or local regulation impose greater restrictions than those of this chapter, the provision of such other ordinance or local regulation shall prevail. When referring to this chapter, the following rules of interpretation shall be applied, except when the context clearly requires otherwise:

(1)

The particular shall control the general.

(2)

In the case of any difference of meaning or implication between the text of this chapter and any chart, graph, illustration or table, the text shall control.

(3)

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(4)

Words used in the present tense shall include the future and words used in the singular include the plural and the plural the singular, unless the context clearly indicates the contrary.

(5)

The word "permitted" or words "permitted by right" means permitted without meeting the requirements for a conditional use permit or site plan.

(6)

The words "permitted by conditional use" mean permitted subject to the requirements for a conditional use pursuant to article II, division 4 of this chapter.

(7)

The words "building" and "structure" are synonymous and include any part thereof, with the exception of the following accessory structures:

a.

Freestanding poles or pedestals for recreational equipment, utilities, lighting, or identification purposes.

b.

Fences.

c.

Decorative walls or other landscaping elements without structural design for support of other site features.

d.

Playground equipment of any nature.

e.

Any asphalt, concrete, masonry or wood surfacing such as patio, deck or walk that does not exceed one (1) foot above the existing natural grade of the yard at any point.

(8)

The person "person" includes individuals, firms, corporations, associations and any other similar entities.

(9)

The words "lot," "parcel," "site," "tract" or other unit of ownership are synonymous and may be used interchangeably.

(10)

The word "city" means the area of jurisdiction of the City of Little Rock, Arkansas.

(11)

All public officials, bodies and agencies to which reference is made are those of the City of Little Rock, Arkansas.

(12)

All yards required by this chapter shall be open and unobstructed by structures from the lowest level of the lot to the sky except as specifically regulated in this chapter.

(Code 1961, Ch. 43, § 2-101; Ord. No. 16,341, § 1(w), 1-19-93; Ord. No. 17,305, § 1(d), 11-7-96)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

The provisions of the zoning ordinance of the City of Little Rock, Arkansas as originally adopted March 17, 1937, (Ord. No. 5420, § 2) and subsequently amended, are hereby repealed as of the effective date of this zoning ordinance, except the provisions of Ord. No. 12,700, § 3, codified as article VI of [former] chapter 43 of the Code of Ordinances of the City of Little Rock, Arkansas, and except that all terms, actions and conditions attached to variances, and special exception as approved by the board of adjustment, planning commission and board of directors as adopted shall remain in effect.

(b)

This chapter shall become effective on January 1, 1980, and such date shall be referred to as the effective date.

(Code 1961, Ch. 43, § 1-106)

Those zoning classifications or districts which were created and existed under the previous zoning ordinance, Ord. No. 5420, as amended, are hereby converted into the zoning classifications or districts which are created and established herein, under the terms of this chapter, according to the following conversion table. The table reflects the zoning classifications or districts under Ord. No. 5420, as amended, and the corresponding zoning classification or district that same will be classified as under this chapter:

(Code 1961, Ch. 43, § 1-106.1)

(a)

If a court of competent jurisdiction finds any provision of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.

(b)

If a court of competent jurisdiction finds the application of any provision of this chapter to any lot or structure, or tract of land, to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the property or situation immediately involved in the controversy, and the application of any such provision to other property or situation shall not be affected.

(Code 1961, Ch. 43, § 1-105)

It is hereby declared to be the purpose and intent of the board of directors in enacting this chapter that the zoning regulations and districts as herein established have been made for the purpose and general welfare of the city. This chapter and the districts have been designed to provide adequate light and air; to secure safety from fire, flood and other catastrophic dangers; to prevent the overcrowding of land; to avoid undue concentration or wasteful scattering of population; to lessen the congestion in streets; and to facilitate the adequate provision of water, sewer, schools, transportation, parks, open space and other public necessities. They have been made with reasonable consideration for, among other things, the character of the district, its particular suitability for the particular uses specified, and with a view to conserve the value of buildings and property and encourage the most appropriate use of land throughout the city consistent with a comprehensive plan.

(Code 1961, Ch. 43, § 1-102)

(a)

General scope.

(1)

Territorial application. This chapter shall apply to all buildings, structures, land and uses within the city, and any other area subject to the zoning jurisdiction of the city.

(2)

Continuance. After the effective date of this chapter, all buildings and structures erected, remodeled, altered and relocated and any use of land, buildings or structures established shall comply with the applicable provisions as required herein. Existing buildings, structures, lots or uses of land not complying with the provisions of this chapter may continue, subject to the provisions of the nonconformities section of this chapter.

(3)

Other laws and regulations. The provisions of this chapter shall be considered the minimum requirements for the promotion of the public health, safety, comfort, moral and general welfare. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling.

(b)

Specific application.

(1)

Existing variances and special permits. Variances granted and special permits issued prior to the effective date of this chapter shall remain valid. Buildings, structures or uses allowed by variances or special permits which cannot be issued under the provisions herein may continue subject to the provisions of article III of this chapter.

(2)

Building permits issued prior to effective date. This chapter shall not invalidate any building permits properly issued prior to the effective date of passage; provided however, that if any building, structure or use constructed or established pursuant to such building permit does not comply with the provisions herein, such building, structure or use shall be subject to the provisions of article III of this chapter.

(3)

Pending applications. From and after the effective date of this chapter, the provisions herein shall apply to all pending applications upon which no final decision has been made; provided, however, that where a public hearing has been held by the planning commission or board of adjustment, such pending application shall be processed in accordance with and decided pursuant to the law existing on the date of the public hearing on such application.

(Code 1961, Ch. 43, § 1-104)

(a)

No building shall be erected, converted, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which such building or land is located.

(b)

No building shall be erected, converted, reconstructed or structurally altered to exceed the height or bulk limit therein established for the district in which such building is located.

(c)

No building shall be erected, converted, reconstructed or structurally altered so as to intrude upon the area required by this chapter for the front, side, rear, interior or exterior yards. No yard or open space on adjoining property shall be considered as providing a yard, open space or access for a lot wherever a building is to be erected.

(d)

No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with this chapter.

(e)

Every building hereafter erected shall be located on a lot, and in no case shall there be more than one (1) building on one (1) lot except as otherwise provided.

(f)

No building or structure as defined in this chapter shall be erected, converted, reconstructed or structurally altered that encroaches on, over or into any easement. This includes drainage, utility access or use easements within the boundary of any lot of record, platted or otherwise established. For purposes of fence placement within easements, fences shall not be construed to be a building or structure.

(Code 1961, Ch. 43, § 6-102(b); Ord. No. 18,324, § 1(a), 8-1-00)