The membership of the various boards and commissions in effect prior to the effective date of this chapter shall remain in office and serve the duration of their term, unless otherwise relieved of duty.

(Code 1961, Ch. 43, § 1-103)

The planning commission is authorized pursuant to the provisions of A.C.A. tit. 14, ch. 56, subch. 4 [A.C.A. § 14-56-401 et seq.] to secure the benefits to the public of a coordinated, adjusted and harmonious development of the city, to promote the health, safety, morals, order, convenience, prosperity and general welfare of the citizens thereof and shall make recommendations on planning issues and report to the mayor and board of directors concerning the operation of the commission and the status of planning within its jurisdiction.

(Code 1961, Ch. 43, § 1-103(b); Ord. No. 21,867, § 1, 5-19-20)

The city department having planning authority and responsibility shall prepare and make recommendations on comprehensive plans to the board of directors, as well as review and make recommendations to the planning commission and to the board of directors on applications for amendments to the text or official map of the zoning ordinance, and for subdivision, planned unit development, site plan and conditional use approval. The office may conduct studies it deems appropriate in performing these functions.

(Code 1961, Ch. 43, § 1-103(c); Ord. No. 15,988, § 4, 12-18-90; Ord. No. 16,861, § 1(pp), 3-21-95; Ord. No. 18,902, § 1(t), 7-15-03)

(a)

General purpose. The purpose of this section is to provide a method of control over certain types of land uses which, while not requiring the full review process of the conditional use permits, do require some review procedure which allows for determination of their appropriateness within the neighborhood for which they are proposed and for public comment. Provided that an applicant having a prior conviction for violation of the Arkansas Uniform Controlled Substances Act is ineligible to apply for a special use permit for a daycare family home or a family care facility unless the applicant has received a pardon or can establish in writing that the conviction has been expunged.

(b)

Application procedure. The property owner or an authorized agent shall apply for a special use permit under the guidelines provided by the department of planning and development. A public hearing on the special use permit will be held by the planning commission which shall have final authority. The planning commission shall consider, but shall not be bound by, the lawful provisions of a valid bill of assurance for the subdivision within which the subject property is located when determining the appropriateness of the proposed special use. Appeals from the action of the planning commission shall be filed with the board of directors. The content of the appeal filing shall consist of:

(1)

A cover letter addressed to the mayor and board of directors setting forth the request; and

(2)

A copy of the planning commission application indicating the action and properly executed by the staff.

This filing shall occur within thirty (30) calendar days of the action by the planning commission. Certified mail notice of appeal hearing shall be provided by the appellant not less than ten (10) days prior to the date of the hearing and the affidavit and other supporting evidence of notice shall be filed not less than five (5) days prior to the date of review. This notice shall be given to all record parties in interest whether for or against the request. The cost of this notice shall be borne by the appellant. No activity which requires said permit shall be conducted prior to final approval.

(c)

Uses requiring special use permits. Uses which are determined to require special use permits will be designated in the section 36-3 when such uses are included within this chapter.

(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.

(e)

Development criteria. The site and location criteria for uses requiring special use permits are as follows:

(1)

Bed and breakfast house/short-term rental type 1 (STR-1).

a.

See article Xlll, bed and bed and breakfast house/short-term rentals for development standards and submittal requirement.

b.

The owner must provide one (1) paved off-street parking space per guest room and one (1) additional for the residence use.

c.

Allowable signage is that permitted by the single-family residential standard.

d.

No receptions, private parties or tours for a fee are allowed.

(2)

Family care facility.

a.

This use may be located only in a single-family dwelling.

b.

Medical or counseling needs must be provided off-site.

c.

No physical changes in the residence are permitted which would provide other than sleeping accommodations.

d.

Drives and parking shall not exceed that required by ordinance for a single-family residence.

e.

The number and spacing of existing similar facilities in the neighborhood.

f.

Existing zoning and land use patterns.

g.

Area-wide availability of facilities providing like services.

h.

Provision for readily accessible public or quasi-public transportation.

i.

The fire marshal must approve use of the residence for the proposed family care facility.

(3)

Day care family home:

a.

This use may be located only in a single-family home, occupied by the caregiver and which is the full-time residence of the caregiver.

b.

Must be operated within licensing procedures established by the State of Arkansas. State regulations shall control the number of employees residing off premises.

c.

The use is limited to ten (10) children including the care givers.

d.

The minimum to qualify for special use permit is six (6) children from households other than the care givers.

e.

This use must obtain a special use permit in all districts where day care centers are not allowed by right.

f.

After the effective date of this subsection, no special use permit will be approved for a day care family home proposed to be located within three hundred (300) feet of a licensed day care center or an operating day care family home for which a special use permit has previously been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line.

g.

All day care family homes located in the city are required to obtain a city business license and to pay an annual business tax as specified in chapter 17 of the Code.

h.

A copy of the day care family home's current state license must be submitted to the city collector's office each year at the time of payment of the annual business tax.

i.

All vehicles must be parked on an on-site paved surface.

j.

All vehicles located on the site must be operational.

k.

All pick-up and drop-off of children shall be on the property's driveway and not on the public right-of-way unless otherwise approved by the planning commission.

l.

Special use permits for day care family homes shall be reviewed by staff every three (3) years for compliance with the development criteria and planning commission approval.

m.

The fire marshal must approve use of the residence for the proposed day care family home.

(4)

Family care facility, group care facility, group home, parolee or probationer housing facility, rooming, lodging and boarding facility:

a.

Separation, spacing and procedural requirements for family care facilities, group care facilities, group homes, parolee or probationer housing facilities and rooming, lodging and boarding facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested.

b.

There shall be a presumption that a special use permit for a group home of five (5), six (6), seven (7), or eight (8) handicapped persons will be granted if all ordinance requirements are met, except that individuals whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others shall not be allowed in such a home.

c.

Issues that the planning commission will consider during its review of a family care facility, group care facility, group home, parolee or probationer housing facility, or rooming, lodging and boarding facility include, but are not limited to:

1.

Spacing of existing similar facilities.

2.

Existing zoning and land use patterns.

3.

The maximum number of individuals proposed to be served, the number of employees proposed and the type of services being proposed.

4.

The need and provision for readily accessible public or quasi-public transportation.

5.

Access to needed support services such as social services agencies, employment agencies and medical service providers.

6.

Availability of adequate on-site parking.

d.

The fire marshal must approve the use of any structure proposed as a family care facility, group care facility, group home, parolee or probation housing facility or rooming, lodging and board facility.

e.

Family care facilities, group care facilities, group homes and parole or probation housing facilities shall be operated within any and all applicable licensing and procedural requirements established by the state.

f.

Community-based, state-licensed, and supervised residential homes providing a single family environment for developmentally disabled persons (as defined in A.C.A. § 20-48-603) are exempt from any requirement to obtain a conditional use permit or special use permit as follows:

1.

Homes for not more than eight (8) such persons are permitted in all residential zones.

2.

Homes for more than eight (8) but fewer than sixteen (16) such persons are permitted in all zoning districts where multi-family uses are allowed.

(f)

Development review standards. Separation/spacing requirements for family care facilities will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Issues that the planning commission will consider during its review include:

(1)

The total number of similar facilities and their spacing within the neighborhood.

(2)

Existing zoning and land use patterns.

(3)

Area wide availability of facilities providing like services.

(4)

Provision for readily accessible public or quasi-public transportation.

(g)

Revocation procedure. Any approved special use permit may, upon review and action by the planning commission, be revoked. Revocation proceedings may be initiated by staff or upon receipt by staff of a petition signed by the residents of no less than twenty-five (25) percent of the properties located within two hundred (200) feet of the property for which a special use permit has been approved. For the purposes of this subsection, the distance between properties shall be measured in a straight line without regard to intervening structures or objects, from property line to property line. The planning commission may revoke the special use permit if it is determined that the use approved under the special use permit is being conducted contrary to the original approved application or contrary to any laws of the city or that there has been substantial change in circumstance since the approval of the special use permit to the extent that the use has become detrimental to the residential character of the neighborhood. Appeals from the action of the planning commission shall be as set forth in subsection 36-54(b).

(h)

Accommodation. Should an applicant believe that circumstances make it necessary to seek an accommodation from the requirements of this section, the applicant is responsible for submitting a request to the city's planning staff setting forth in detail the needed accommodation. The request shall subsequently be referred to the planning commission for a decision on the request.

(Code 1961, Ch. 43, § 4-102.1; Ord. No. 16,116, § 1(n), (pp), 11-19-91; Ord. No. 16,341, § 1(b), (j), 1-19-93; Ord. No. 17,305, § 1(kk) 11-7-96; Ord. No. 18,881, § 1(a), 6-3-03; Ord. No. 18,902, § 1(a), 7-15-03; Ord. No. 19,065, §§ 1(a)—(d), 3-16-04; Ord. No. 19,395, §§ 1(h), 1(i), 9-6-05; Ord. No. 19,438, § 1(c), 11-15-05; Ord. No. 19,509, § 11, 3-21-06; Ord. No. 20,326, § 1(i), 9-21-10; Ord. No. 20,326, § 1(i), 9-21-10; Ord. No. 21,867, § 1, 5-19-20; Ord. No. 22,274, § 3, 6-20-23)

Cross reference— Fee for special use permit, § 23-3.

(a)

General purpose. The purpose of this section is to provide a method of control over certain types of land uses which, while not requiring the full review process of the conditional use permits, do require some review procedure which allows for determination of their appropriateness within the neighborhood for which they are proposed and for public comment.

(b)

Application procedure. The property owner or an authorized agent shall apply for an accessory use permit under the guidelines provided by the department of planning and development.

An administrative hearing on the accessory use permit will be held by the department in the manner provided by the guidelines. Appeals from the administrative judgement of the staff shall be filed with the board of adjustment. The content of the filing shall consist of: (1) A cover letter addressed to the chairman and members of the board of adjustment setting forth the request; (2) a copy of all pertinent graphic materials or correspondence. This filing shall occur within thirty (30) calendar days of the action by the staff. No activity which requires an accessory use permit shall be conducted prior to issuance of the permit.

(c)

Uses requiring accessory use permits. Uses which are determined to require accessory use permits will be designated in "R-1" and "R-3" single-family districts; the "R-4" two family district; the "MF-6" and "MF-12"; the "MF-18" and "MF-24" multifamily districts; the "R-5" urban residence district; the "R-6" high rise apartment district; the "R-7" and "R-7A" mobile home districts.

(d)

Transfer of permits. Accessory use permits shall not be transferable in any manner. A permit can not be passed from owner to owner, location to location or use to use.

(Code 1961, Ch. 43, § 4-102.2; Ord. No. 15,615, § 1b, 1-3-89; Ord. No. 15,988, § 4, 12-18-90; Ord. No. 16,116, § 1(o), 11-19-91; Ord. No. 21,867, § 1, 5-19-20)

(a)

Purpose. Certificates of occupancy are required to ensure that completed structures and the development of property of which such structures are a part comply with the provisions of this chapter, as well as any site plans or conditional approvals for such structures and development.

(b)

Authority. The building official shall have the authority and responsibility to issue and keep records of certificates of occupancy in accordance with the requirements set forth in this chapter, chapter 31 and chapter 8, article II.

(c)

Certificate of occupancy required. No new structure or addition to an existing structure shall be occupied and no use of a building shall be changed unless a certificate of occupancy is issued therefor by the building official.

(d)

Procedure.

(1)

Application. A certificate of occupancy shall be applied for coincident with the application for a building permit and will be issued before occupancy and connection of utilities to such building.

(2)

Action on application. The building official or his designated agent shall inspect the property which is the subject of an application within a reasonable time, after a completed application has been filed, and shall issue a certificate of occupancy if the premises of the property comply in all respects with the applicable development regulations in effect. If the premises do not so comply, the building official shall deny the application in a written notice mailed to the applicant within five (5) days after the inspection of the property, specifying the provisions of which ordinance with which the structure or development does not comply.

(3)

Contents of certificate of occupancy. Information required for submission to obtain a certificate of occupancy shall include:

a.

Name of applicant.

b.

Nature and extent of the applicant's ownership interest in the subject property.

c.

Address of the property for which a certificate is requested.

d.

A legal description of the property, the zoning classification for the property, and a statement that the use of the property is allowed or permitted in the zoning classification for the property.

e.

If a site plan or other conditional approval for the structure or the development of which such structure is a part was required, a copy of any document granting such approval and any plans approved in connection therewith.

f.

Such other information as requested by the building official to ensure conformance with applicable development regulations.

(4)

Temporary certificates of occupancy. A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion of the building. It may also be used for a transient use which, due to its nature, is not required to comply with permanent construction regulations. A temporary certificate of occupancy shall be valid for a period not exceeding six (6) months. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy or any other matter required by this section.

(5)

Certificates for existing buildings. A record of all certificates of occupancy shall be maintained on file in this office of the building official and copies shall be furnished for an inspection fee of ten dollars ($10.00) on written request to any person having a proprietary or tenancy interest in the building or land affected.

(Code 1961, Ch. 43, § 4-104)

A board of zoning adjustment is established.

(Code 1961, Ch. 43, § 3-101(a))

(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.

(b)

Vacancies shall be filled for the unexpired term of the member whose place has become vacant by the mayor subject to the approval of the city board of directors. Any member whose term expires shall continue to serve until his/her successor is appointed and qualified. The appointing authority shall have the power to remove any member of this board for cause and after public hearing provided, however, any member of the board who shall be absent from three (3) or more consecutive regular meetings shall be removed from office without hearing upon certification of such fact by the secretary of the board to the mayor.

(c)

Any member of the board who shall have an economic interest in any property or in the decision relating to such property, which shall be the subject matter of a decision of the board, shall be disqualified from participating in the discussion, decision or proceeding of the board in connection therewith. In the event that any member of the board is uncertain as to whether or not a conflict exists, that member should obtain an opinion from the office of the city attorney before either participating in the discussion, or voting on the matter.

(Code 1961, Ch. 43, § 3-101(a); Ord. No. 15,553, § 1mm, 9-20-88; Ord. No. 16,000, § 1(c), 2-5-91; Ord. No. 17,667, § 1, 2-3-98; Ord. No. 17,963, § 1, 3-16-99; Ord. No. 19,438, § 1(b), 11-15-05; Ord. No. 21,867, § 1, 5-19-20)

(a)

The board of zoning adjustment shall elect its own chairman and vice-chairman who shall serve for one (1) year. The director of the department of the city having planning authority and responsibility shall serve as secretary to the board. The board shall adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions.

(b)

The board shall establish regular meeting dates, and special meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. Each session of the board of zoning adjustment shall be a public meeting with public notice of said meeting and business to be carried or published in a newspaper of general circulation in the city, at least one (1) time, seven (7) days prior to the meeting. The board shall keep minutes of its proceedings, showing the vote cast upon each specific issue.

(Code 1961, Ch. 43, §§ 1-103(a), 3-101(a), (b))

(a)

Generally. The board of zoning adjustment is authorized, in accordance with the provisions of this chapter, to hear appeals from the decision of the administrative officers in respect to the enforcement and application of this chapter; and may affirm or reverse, in whole or in part, said decision of the administrative officer. In addition, the board is responsible for hearing requests for variances from the literal provisions of this chapter in instances where strict enforcement of this chapter would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this chapter. The board of zoning adjustment shall not permit, as a variance, any use in a zone that is not permitted under this chapter. The board of zoning adjustment may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property. In carrying out the purpose and intent of this chapter, the board shall be governed by the specific powers and prohibitions provided in this section, and may impose conditions in the granting of a variance to ensure compliance and protect adjacent properties.

(b)

Powers. The board has the following powers:

(1)

Interpretation.

a.

To interpret the application of the provisions of this chapter in such a way as to carry out its stated purpose and intent.

b.

To interpret boundary lines for districts in this chapter where the street layout actually on the ground varies from the street layout shown on the accompanying map.

c.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, determination or interpretation made in the administration or enforcement of this chapter.

In exercising the above-mentioned powers, the board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made.

(2)

Hardship.

a.

The board may grant, as a hardship variance, relief to any property owner who has a vested interest in a previously devised plan which conformed to the ordinance in effect prior to the passage of this chapter. The owner must show proof of the previous intent including, but not limited to, development plans and specifications for that specific site. The board will not allow as a part of this process any use in any zone which is not allowed within that zone.

b.

The board may hear requests for variances from the literal provisions of this chapter in instances where strict enforcement of this chapter would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variance only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this chapter.

(3)

Mobile homes. The board may review and approve or deny applications for the location of mobile homes or other structures in existing mobile home sites or on nonresidential sites. The use of these structures shall be limited to one (1) single-family dwelling unit for on-site security purposes only.

(4)

Height. Any person desiring to erect any structure including chimneys, towers or similar structures in excess of a height prescribed for the property according to the zoning classification shall make application to the board of adjustment for permission to erect such structure.

(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.

(c)

Prohibitions. The board shall not permit as a variance any use in a district that is not permitted in this chapter, nor shall the board make any changes in this chapter. The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement, decision or determination of the administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to affect any variation in this chapter.

(Code 1961, Ch. 43, §§ 1-103, 3-101(c); Ord. No. 16,000, § 1(d), 2-5-91; Ord. No. 19,438, § 1(n), 11-15-05; Ord. No. 19,713, § 1(d), 3-6-07)

Appeals from the decision of the board of adjustment shall be filed with the appropriate court of jurisdiction. This filing must occur within thirty (30) calendar days of the action by the board of adjustment.

(Code 1961, Ch. 43, § 3-101(d); Ord. No. 16,116, § 1(p), 11-19-91)

Cross reference— Fee for appeals, § 23-3.

The board of directors may enact amendments to this chapter or the zoning map in accordance with the provisions of this division. Before taking action on any proposed amendment, supplement or change, the planning commission shall have reviewed the same and provided a recommendation.

(Code 1961, Ch. 43, § 4-101(a))

The amendment process is designed to accommodate those changes in the map (rezoning) which will not have an adverse impact on surrounding property. It is also established to consider the review of amendments or supplements to the text of this chapter where such change is in keeping with the purpose and intent of this chapter.

(Code 1961, Ch. 43, § 4-101(d))

In determining whether to grant a requested amendment, the board of directors may consider, among other things, the recommendations from the planning commission and the designated department of the city having planning responsibility and authority and use the provisions of the comprehensive plan, master street plan, master parks plan, and community facilities plan, as well as any other appropriately approved document created to provide the required public facilities necessary to protect the public interest. The planning commission shall consider, but shall not be bound by, the lawful provisions of a valid bill of assurance for the subdivision within which the subject property is located when determining the appropriateness of the proposed special use. No identical or substantially identical application for the redistricting of a specific parcel or parcels of land which has been denied by the board of directors may be made for a period of one (1) year.

(Code 1961, Ch. 43, § 4-101(c); Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,988, § 4, 12-18-90; Ord. No. 18,881, § 1(b), 6-3-03)

An amendment may be initiated by the board of directors, the designated department of the city having planning responsibility and authority, or by any other person or group of persons having a proprietary or contractual interest in the building or land affected.

(Code 1961, Ch. 43, § 4-101(d); Ord. No. 15,988, § 4, 12-18-90)

(a)

Any petitioner for rezoning who is aggrieved by a denial recommendation of the planning commission may have his petition reviewed by the board of directors of the city provided he files a written request therefor with the city clerk within thirty (30) days after the negative vote of the commission. The request for review shall be accompanied by a copy of the original rezoning petition and shall contain a brief statement of facts in support thereof. The board of directors may hear the appeal at any regular meeting thereof, but not later than one (1) year from the date of the planning commission action. The provisions in this section for appeal to the board of directors are exclusive and failure to perfect an appeal under this section shall constitute a forfeiture of further rights under the rezoning application in question; subject, however, to refiling under section 36-83.

(b)

No petition shall be reviewed by the board of directors unless and until the petitioner has filed with the city clerk an affidavit reflecting the names and last known addresses of the owners of record of all property situated within two hundred (200) feet of the property described in the petition who were registered as objectors at the initial planning commission hearing, and further reflecting that all the owners have been notified in writing by registered or certified mail of the time, place and date the petition is to be reviewed by the board of directors. The notice shall be given not less than ten (10) days prior to the date the petition is to be reviewed, and the affidavit and/or waivers evidencing and supporting such notice shall be filed not less than five (5) days prior to the date of review. Postponement of action on the petition by the board of directors for one (1) or more meetings shall not require any additional notice. Action on the petition by the board of directors shall be in a public hearing.

(c)

Before the board of directors shall consider the rezoning of any property on its own motion, the city clerk shall first give notice by a one-time publication in a newspaper of general circulation in the city of the time, place and date of hearing on the proposed rezoning and shall publicize therewith a legible rezoning map accompanied by an entitlement describing the general area under consideration and giving street boundaries or otherwise describing the boundaries of the area proposed for rezoning so that such area shall be readily identifiable. Accompanying the map shall be a legal description of the properties proposed to be rezoned. The notice is to be published at least fifteen (15) days prior to the public hearing.

(d)

The board of directors may require, as a condition of rezoning, the reasonable dedication of land for public street or floodway purposes, based upon the land use or master plan elements currently in effect at the time of said rezoning, or may require other conditions necessary to protect and promote the health, safety and welfare of its citizens.

In the event that an applicant fails to provide city staff the required dedication instrument within ninety (90) days of the commission action the case file may be closed and recommendations of approval rescinded.

(e)

If it is determined in the course of review of an amendment that certain conditions requested by the applicant may be appropriate in order to affect a change in zoning of the property, the application may be amended. In such cases, the planning commission or the board of directors shall determine the need for deferral of the application for further notice or review of the design elements to be incorporated into the ordinance reclassifying the property.

(Code 1961, Ch. 43, § 4-101(e); Ord. No. 15,435, § 1, 2-16-88; Ord. No. 15,694, § 1, 6-6-89; Ord. No. 16,799, § 1, 12-20-94; Ord. No. 17,305, § 1(jj), 11-7-96; Ord. No. 18,324, § 1(u), 8-1-00)

The purpose of this division is to set forth procedures for processing conditional uses and to establish standards by which conditional uses can be evaluated. The planning commission shall hear and approve or disapprove, in accordance with provisions of this division, all requests for conditional use permits. Only those uses which are specifically listed as conditional uses in the respective zoning classifications may be requested for conditional use authorization. In all instances, accessory structures or uses such as ball fields, tennis courts, pavilions and parking lots must receive review under the provisions of this section. The planning commission shall consider, but shall not be bound by, the lawful provisions of a valid bill of assurance for the subdivision within which the subject property is located when determining the appropriateness of the proposed conditional use. After detailed review of its compatibility with the area and the specific treatment of screening, landscaping and other amenities provided to protect the integrity of the neighborhood, the planning commission shall have final authority except that petitioners or record objectors aggrieved by an action of the commission shall file appeals with the city clerk. The content of the appeal filing shall consist of: (1) a cover letter addressed to the mayor and board of directors setting forth the request; (2) a copy of the planning commission application indicating the action and properly executed by the staff. This filing shall occur within thirty (30) calendar days of the action by the planning commission. Certified mail notice of appeal hearing shall be provided not less than ten (10) days prior to the date of the hearing and the affidavit and other supporting evidence of notice shall be filed not less than five (5) days prior to the date of review. This notice shall be given to all record parties in interest whether for or against the request. The cost of this notice shall be borne by the appellant.

(Code 1961, Ch. 43, § 4-102(a); Ord. No. 15,247, § 1, 2-17-87; Ord. No. 16,116, § 1(q), 11-19-91; Ord. No. 16,861, § 1(c), 3-21-95; Ord. No. 18,881, § 1(c), 6-3-03)

Application for conditional use approval shall be made by the property owner or authorized agent for the owner. The application may accompany a rezoning request or may be applied for by itself as long as the use is recognized as a conditional use in the existing zoning classification. The application shall be submitted to the designated department of the city having planning responsibility and authority which will collect the filing fee and process all applicable surveys, site plans and other supporting information pertinent to this review process. The application shall be accompanied by a fee, the amount of which shall be determined by ordinance.

(Code 1961, Ch. 43, § 4-102(b); Ord. No. 15,988, § 4, 12-18-90)

Cross reference— Fee for conditional use application, § 23-3.

The submission requirements for a conditional use permit shall be as directed by the "instructions for filing" outline provided the applicant by the planning commission staff, the content of which has been approved by the planning commission. In addition, such application shall include a generalized graphic representation of what is proposed, including screening, landscaping, parking, access and location of buildings. A general statement as to the intent of the use shall also be submitted. In addition to the graphic and supporting documentation required for filing, the owner shall provide a graphic or narrative outline of methods to be employed to protect permanent undisturbed buffers. The outline or plan shall be filed for review by the planning commission not later than the filing date set by calendar.

(Code 1961, Ch. 43, § 4-102(c); Ord. No. 16,116, § 1(i), 11-19-91; Ord. No. 16,861, § 1(aa), 3-21-95)

(a)

Due to their nature and impact on properties in the general vicinity, correctional facilities and homeless shelters shall require a conditional use permit in all zoning classifications.

(b)

Certain public and quasi-public uses due to their nature and impact on adjacent properties shall be permitted by right only in the industrial classifications established by this ordinance. These uses may be permitted in all other classifications by conditional use permit. They are:

(1)

Utility storage yard for vehicles, maintenance equipment and materials.

(2)

Utility substation for distribution of services or products or bulk storage thereof.

(3)

Water or sewer treatment plant or ancillary facilities.

(4)

Communications, receiving or transmitting facilities other than wireless communication facilities as provided within article XII, section 36-590 of this chapter.

(5)

Cemeteries and all associated ancillary uses and activities relating thereto.

(6)

Airport or landing field.

(Code 1961, Ch. 43, § 4-102(d); Ord. No. 17,409, § 2, 3-4-97; Ord. No. 18,324, § 1(t), (kk), 8-1-00; Ord. No. 18,939, § 2, 9-16-03; Ord. No. 19,395, § 1(b), 9-6-05; Ord. No. 19,910, § 1(d), 1-15-08)

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.

(Code 1961, Ch. 43, § 4-102(f); Ord. No. 17,305, § 1(aa), 11-7-96; Ord. No. 19,438, § 1(g), 11-15-05)

(a)

The planning commission shall review conditional use applications at its regular scheduled monthly meeting at which time interested persons may appear and offer information in support of or against the proposed conditional use. The planning commission shall then take one (1) of the following actions:

(1)

Approve the conditional use as submitted.

(2)

Approve the conditional use with modifications.

(3)

Defer the conditional use.

(4)

Deny the conditional use.

(b)

The planning commission may impose conditions and restrictions upon the use permitted by or the premises benefited by the conditional use permit as may be necessary to reduce or minimize the injurious effects of the conditional use. The conditional use must ensure compatibility with the surrounding property to better carry out the general intent of this chapter.

(Code 1961, Ch. 43, § 4-102(g); Ord. No. 15,247, § 1, 2-17-87; Ord. No. 18,682, § 1(i), 5-21-02)

In carrying out the purpose of this division, the following development standards and design specifics shall be subject to conditional review and approval. The appropriateness of these standards shall be determined at the discretion of the planning commission for each specific conditional use location.

(1)

The proposed use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected.

(2)

The proposed land use is compatible with and will not adversely effect other property in the area where it is proposed to be located.

(3)

The proposed use is an allowable conditional use for the property.

(4)

The proposed use conforms to all applicable provisions of this chapter for the district in which it is to be located and the use facilitates public convenience at that location.

(5)

The size and shape of the site including the size, shape and arrangement of proposed structures is in keeping with the intent of this chapter.

(6)

The internal street system ingress and egress of proposed off-street parking, loading and pedestrian ways are sufficiently adequate and conform to the design standards of section 31-210 of the subdivision regulations of this Code.

(7)

Safeguards proposed to limit noxious or offensive emissions including lighting, noise, glare, dust and odor are addressed.

(8)

Proposed landscaping and screening is in accordance with chapter 15, article IV and buffer standards as provided for within chapter 36, article IX.

(9)

Open space will be maintained by owner/developer.

(10)

Proposed signage will be in accordance with the provisions of chapter 36, article X, of this Code.

(11)

The site plan will reflect the access provisions and parking space required to conform with section 508 of the Arkansas Fire Prevention Code.

(12)

Separation or spacing requirements for group care facilities or group homes will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Issues that the planning commission will consider during its review of a group care facility include:

a.

Total number of similar facilities located in the neighborhood.

b.

Spacing of existing similar facilities.

c.

Existing zoning and land use patterns.

d.

The number of individuals and type of services being proposed.

e.

The availability of facilities providing like services.

f.

Provisions for readily accessible public or quasi-public transportation.

(13)

Separation, spacing, and procedural requirements for correctional facilities shall be determined by the planning commission so as not to adversely impact the neighborhood. Correctional facilities are subject to the following additional requirements:

a.

Before a conditional use permit for a correctional facility can be granted, the applicant shall clearly establish the following:

1.

All property owners or persons operating a business within five hundred (500) feet of the property line of a proposed correctional facility have received notice by certified mail of the exact location of the property and its intended use;

2.

This required notice was sent to each person before any contract for operation of the facility was granted, that this notice properly sets forth the exact procedure and time frame for the person notified to register objections with the appropriate governmental agency, and that proof of such notice is provided as required for conditional use permits;

3.

The facility is not located within five hundred (500) feet of the property line of any school, any facility that operates programs for youth, or another correctional facility;

4.

The applicant has conducted two (2) public hearings after having first advertised the meetings and location prominently not less than five (5) nor more than seven (7) days prior to each meeting; that such advertisement was prominently displayed and not a mere legal advertisement, in a newspaper with seven (7) days a week county-wide circulation;

5.

Procedures are in place should the permit be granted that the chief of police shall be notified within one (1) hour that a resident of the facility has escaped or failed to return when required;

6.

Adequate security measures are in place to prevent any resident of the correctional facility from violating subsection (5) more than once in a thirty-day period.

b.

These requirements for correctional facilities are in addition to any other provisions required for a conditional use permit under this code. These requirements are mandatory and not directory. In the event of a conflict with the other provisions of the code, these requirements shall control. Substantial compliance is not sufficient. Failure to comply with these requirements shall be a basis to deny the permit. Within one hundred twenty (120) days of granting the permit, the permit may be rescinded upon presentation to the planning commission of clear and convincing evidence that the applicant failed to comply with subsections (1) through (4) above. Failure to comply with subsections (5) and (6) two (2) times within a ninety-day period, or the commission of a violent felony by a resident of the correctional facility, shall be a basis for determining that security is inadequate and such determination shall be a cause for immediate revocation of the permit. The planning commission shall establish procedures for presentation of such evidence and for placement of the matter on its agenda for public hearing.

c.

The terms "group care facility", "rooming or boarding", "community, welfare or health care", "establishment for a religious, charitable or philanthropic organization", "governmental or private recreational uses", and "rooming, lodging or boarding facilities", shall not include a correctional facility as a permitted use.

d.

Any correctional facility in operation on the effective date of this section shall be required to come into compliance with this section and obtain a conditional use permit within four (4) years of the effective date of this section.

(14)

Due to their scale of development and their impact on nearby residential properties, churches and other religious institutions with a seating capacity of greater than five hundred (500) persons in the sanctuary or main activity area that are proposed to be located on residentially zoned property shall be subject to the following additional requirements:

a.

Before a conditional use permit for such churches or religious institutions can be granted the applicant shall clearly establish the following:

1.

All owners of property located within five hundred (500) feet of the property line of the proposed facility have received notice by certified mail of the exact location of the property and its intended use. The notice shall also include the date, time and location of a public hearing to be conducted by the applicant prior to the hearing before the planning commission. This public hearing shall be held no later than fifteen (15) days prior to the hearing before the planning commission.

2.

This required notice is to be sent within seven (7) days of filing an application for a conditional use permit and proof of such notice is to be filed with staff.

b.

These requirements are in addition to any other provisions required for a conditional use permit under this code.

(15)

Separation, spacing and procedural requirements for homeless shelters will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood. Unless the commission determines that a different area is more appropriate, a neighborhood shall be defined as an area incorporating all properties lying within one thousand five hundred (1,500) feet of the site for which the permit is requested. In addition to the development standards and review guidelines established in section 36-107 of this chapter, issues that the planning commission will consider during its review of such facilities include, but are not limited to:

a.

Spacing of existing similar facilities.

b.

Existing zoning and land use pattern.

c.

The maximum number of individuals proposed to be served, the number of employees proposed and type of services being proposed.

d.

Provisions for readily accessible public or quasi-public transportation.

e.

Access to support services such as social services agencies, employment agencies and medical service providers.

(16)

Separation requirements for event centers shall be determined by the planning commission so as not to adversely impact the neighborhood. Event center review shall consider the following additional requirement:

(a)

An event center shall not be located within seven hundred fifty (750) feet of the following:

(1)

A church or other religious facility.

(2)

A sexually-oriented business as defined by chapter 17 of the Code of Ordinances.

(3)

A public or private elementary, secondary or postsecondary school, a day care center or any facility that operates programs for children or youth.

(4)

Any single-family or multifamily residential use, except a hotel or motel, or a residential use that is within a unified development that contains both the event center and the residential use.

(b)

For the purposes of subsection (a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of a building or structure proposed for occupancy as an event center to the nearest property line of any use listed in subsection (a).

(17)

Separation requirements for private clubs shall be determined by the planning commission so as not to adversely impact the neighborhood. Private club review shall consider the following additional requirement:

(a)

A private club shall not be located within seven hundred fifty (750) feet of the following:

(1)

A church or other religious facility.

(2)

A sexually-oriented business as defined by chapter 17 of the Code of Ordinances.

(3)

A public or private elementary, secondary or postsecondary school, a day care center or any facility that operates programs for children or youth.

(4)

Any single-family or multifamily residential use, except a hotel or motel, or a residential use that is within a unified development that contains both the private club and the residential use.

(b)

For the purposes of subsection (a) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of a building or structure proposed for occupancy as a private club to the nearest property line of any use listed in subsection (a).

(Code 1961, Ch. 43, § 4-102(g); Ord. No. 15,247, § 1, 2-17-87; Ord. No. 16,341, § 1(l), 1-19-93; Ord. No. 16,577, § 1g, 1-18-94; Ord. No. 16,861, § 1(a), (b), (aa), 3-21-95; Ord. No. 17,409, § 3, 3-4-97; Ord. No. 18,682, § 1(h), 5-21-02; Ord. No. 18,939, § 3, 9-16-03; Ord. No. 19,395, § 1(c), 9-6-05; Ord. No. 20,396, § 1(j), 2-1-11; Ord. No. 20,407, §§ 1(j), 1(k), 2-15-11)

Editor's note— Ord. No. 20,396, § 1(j), added subsection (15) to § 36-107. Inasmuch as said subsection already existed, the new provision was renumbered as (16) at the editor's discretion.

Subsequently, Ord. No. 20,497, § 1(k) added subsection (16), which was redesignated as (17), also at the editor's discretion.

(a)

Once any portion of the conditional use authorization is utilized, all such conditions pertaining to such authorization shall become immediately operative. The violation of any condition so imposed shall constitute grounds for revocation of the conditional use authorization.

(b)

The planning commission may authorize a variance from ordinance standards by specific inclusion within their motion for approval. However, no conditional use authorized by the planning commission shall be subsequently applied for a variance to the board of zoning adjustment. Amendments or changes as to the use authorized by the conditional use process must follow the same process as the original conditional use application. Expansions or additions to structures associated with conditional uses may be approved by the director of the department having planning responsibility and authority without further conditional use authorization under the following circumstances:

(1)

The proposed expansion is limited to a structural addition to an existing building not to exceed ten (10) percent of the gross floor area within the existing structure to be expanded.

(2)

The proposed expansion is limited to one (1) time subsequent to the original conditional use authorization.

(3)

The proposed expansion is reviewed and approved by the director of the department having planning responsibility and authority with the determination that such expansion does not violate any of the conditions set forth in the original conditional use authorization, does not require further imposition of new conditions and does not adversely impact surrounding properties.

(c)

Conditions may include time limits for exercise of authorization. However, the maximum allowable time shall be three (3) years from the date of approval. Required permits must be obtained within the allotted period, unless an extension of time is granted by the commission. Otherwise, the conditional use permit approval shall be considered void.

In an approved multiple-phased development, any phases for which the required permits have not been obtained within three (3) years of the date of approval must be reviewed and approved by the planning commission in the same manner as established for the initial conditional use review.

(Code 1961, Ch. 43, § 4-102(h); Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,988, § 4, 12-18-90; Ord. No. 16,341, § 1(ll), (mm), 1-19-93; Ord. No. 19,910, § 1(f), 1-15-08; Ord. No. 20,839, § 1(b), 2-11-14)

Appeals from a decision of the board of directors may be filed with the appropriate court of jurisdiction. This filing shall occur within thirty (30) calendar days of the action by the board of directors.

(Code 1961, Ch. 43, § 4-102(i); Ord. No. 15,247, § 1, 2-17-87; Ord. No. 16,116, § 1(r), 11-19-91)

Nothing in this division shall limit the authority of the board of directors to revoke a conditional use permit for violation of the drug laboratory nuisance and cleanup code.

(Ord. No. 19,509, § 13, 3-21-06)

(a)

The purpose of this division is to set forth procedures for processing site plans and to establish standards for development within those districts which require compliance with this division.

(b)

Site plan review is a development review process that provides for case by case consideration of project particulars including the provision of parking and landscaping, site of buildings and the compatibility of the proposed development with adjacent uses.

(c)

All development shall be designed in such a way as to minimize any potential deleterious impact on the surrounding area. Special attention shall be given to buffering multifamily, commercial and industrial developments from adjacent single-family areas. Design of the internal street system, ingress and egress, off-street parking, loading and pedestrian ways shall be sensitive to such conditions as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, areas of dwelling units and the proper relationship of different land uses. Such design shall conform to the standards set forth in section 31-210 of the subdivision regulations of this Code. Landscaped areas shall be provided to reduce erosion, heat and glare and said areas shall be maintained in an attractive condition. Existing trees on a development site shall be retained where possible. Screening, open space or other buffer may be required to give adequate separation between uses which are not compatible and shall also be provided for the beautification and enhancement of the property. The requirements of Arkansas State Fire Code, section 508, providing for handicapped parking and accessibility shall be indicated on the plan.

(d)

For purposes of development sites that are nonconforming with the landscape ordinance the following apply: All such sites shall be reviewed by the planning commission for a determination as to the level of compliance appropriate. In those instances where physical constraints or conflict with other regulations restrict full compliance, emphasis shall be given to the street sides of the property. In no instance shall a redevelopment plan be approved which permits continuance of full nonconformity.

(Code 1961, Ch. 43, § 4-103(a); Ord. No. 15,247, § 1, 2-17-87; Ord. No. 16,341, § 1(hh), 1-19-93; Ord. No. 16,577, § 1h, 1-18-94)

The site plan review process shall apply to all applications for the following zoning districts:

(1)

R-6 high-rise apartment district.

(2)

R-7 mobile home district.

(3)

O-2 office and institutional district.

(4)

C-2 shopping center district.

(5)

I-1 industrial park district.

(6)

R-7A mobile home subdivision district.

(Code 1961, Ch. 43, § 4-103(b))

(a)

The procedure for the zoning of property to one (1) of the classifications listed in section 36-127 shall be the same as for any other zoning application. The planning commission may outline special parameters or special concerns which will apply to the site plan when such are identified through the zoning process.

(b)

The city planning department, the subdivision committee and the planning commission shall review site plans prior to the issuance of a building permit. At that time, the plan will be assessed for compatibility with standards and criteria provided herein. Public review of a site plan proposal shall take place at regularly scheduled meetings at which time interested persons may appear and offer information in support of or against the proposed site plan. The city planning department shall make recommendations on each plan submitted. The subdivision committee shall review each plan and pass the request to the full commission adding any comment determined necessary to expediting the hearing on the application. The commission may either approve the site plan with modifications as necessary, defer the site plan or deny the site plan.

(c)

In addition to the special requirements of this section, the planning commission may impose on a site plan such additional requirements as are necessary to safeguard the public health, safety and general welfare. The planning commission may require the applicant to submit a revised site plan incorporating the imposed requirements and modifications. Such revised site plans shall have priority over new applications in the review process. The planning commission may deny a site plan and recommend reducing the zoning classification of any parcel which is required a site plan if it does not carry out the general purpose of this division. In those instances where a variance from district standards is requested as a part of the submittal request, the planning commission may modify or waive standards. A variance may be allowed only after demonstration of a hardship unique to the development proposal filed. Pecuniary difficulties shall not be deemed to constitute a hardship.

(d)

Screening and landscaping. In order to enhance the integrity and attractiveness of the development, and when deemed necessary to protect adjacent properties, the planning commission shall require landscaping and screening as a part of a site plan review. The nature and extent of screening and landscaping required shall be determined by the planning commission in relation to the overall character of the development and its specific location. In no instance, however, shall landscaping materials and placement be less than that required by chapter 15, article IV. This shall especially apply to circumstances where a change to a more intense use is proposed and there are existing buildings and improvements.

(Code 1961, Ch. 43, § 4-103(c); Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,988, § 4, 12-18-90; Ord. No. 16,341, § 1(vv), 1-19-93; Ord. No. 17,305, § 1(c), 11-7-96)

Any application for a zoning classification which involves site plan review may be initiated by the owner or other person having a contractual interest in the property for which site plan approval is requested or by the authorized agent of such owner or person.

(Code 1961, Ch. 43, § 4-103(d))

(a)

Zoning submission. The submission requirements for the zoning of any lot, parcel or tract of land which includes site plan review shall be the same as for any other zoning application to the city. An applicant may submit a site plan in support of the application, provided the plan is submitted as required by section 36-130 of this chapter. In the event a site plan is approved in conjunction with the rezoning the applicant/owner shall conform to the specifics of that plan unless and until changes are authorized by the planning commission with notice given to adjacent property owners.

(b)

Site plan submission. The submission requirements for the review of a site plan preceding the receipt of the building permit shall include the following:

(1)

A site plan to be submitted on white paper no larger than twenty-four (24) inches by thirty-six (36) inches, and no smaller than eleven (11) inches by seventeen (17) inches, and including all information listed below.

A site plan shall also be submitted in an electronic format compatible with equipment in the planning and development department of the city. The data shall be in CAD compatible .DXF or .DWG (compatible with software available in the planning and development department of the city) format containing all information listed below in separate layers.

(2)

A topographical cross-section map of the site.

(3)

Quantitative data including the following information:

a.

Proposed building coverage of principal and accessory buildings.

b.

Parcel size.

c.

Proposed floor area of principal and accessory buildings.

d.

Proposed number of parking spaces.

(4)

A registered land survey showing the exact property or boundary lines, including a legal description of the total site proposed for development, including a statement of present and proposed ownership.

(5)

In addition to the graphic and supporting documentation required for filing, the owner shall provide a graphic or narrative outline of methods to be employed to protect permanent undisturbed buffers. The outline or plan shall be filed for review by the planning commission not later than the filing date set by calendar.

(Code 1961, Ch. 43, § 4-103(e); Ord. No. 16,116, § 1(j), 11-19-91; Ord. No. 16,341, § 1(aa), 1-19-93; Ord. No. 16,861, § 1(aa), 3-21-95; Ord. No. 18,902, § 1(n), 7-15-03)

Editor's note— Ord. No. 17,305, § 1(bb), adopted November 7, 1996, amended the Code by repealing § 36-131. Former § 36-131 pertained to standards for site plan disapproval, as derived from the Code of 1961, Ch. 43, § 4-103(f); and Ord. No. 15,247, adopted February 17, 1987.

(a)

An approved site plan shall be binding on the applicants and their successors and assignees.

(b)

No building permit shall be issued for any building or structure not in conformance with the site plan. The construction, location, use or operation of all land and structures within the site shall be in accordance with all conditions and limitations set forth in the site plan. No structure, use or other element of an approved site plan shall be eliminated, altered or provided in another manner unless an amendment is approved in accordance with this division; provided, however, that the director of the city department having planning authority and responsibility may approve such minor changes in the site plan as will not cause any of the following circumstances to occur:

(1)

Any change in the allowable use of the development.

(2)

An increase of greater than five (5) percent in the number of dwelling units, but not to exceed the total allowable dwelling units in the respective zoning classification.

(3)

Any modification compounding the problems of vehicular circulation, safety and provision of public utilities.

(4)

Any modification having an adverse impact on adjacent property.

(5)

Any appreciable reduction of the approved building setback lines.

(6)

Any reduction of the off-street parking and loading requirements below those specified in this chapter.

(7)

Any change in the allowable size, lighting or orientation of signs.

(c)

Whenever the building permit official reasonably believes that any proposed construction or occupancy will not comply with the approved site plan, the planning director shall have final review authority.

(d)

Term of approval. Any applicant receiving approval of a site plan shall be limited to a maximum of three (3) years from the date of approval to obtain all required permits unless an extension of time is granted by the planning commission. Otherwise, the site plan approval shall be considered void.

In an approved multiple-phased development, any phases for which the required permits have not been obtained within three (3) years of the date of approval must be reviewed and approved by the planning commission in the same manner as established for the initial zoning site plan review.

(Code 1961, Ch. 43, § 4-103(g); Ord. No. 15,988, § 4, 12-18-90; Ord. No. 16,341, § 1(kk), 1-19-93; Ord. No. 16,861, § 1(y), 3-21-95; Ord. No. 20,839, § 1(c), 2-11-14)

The holder of an approved site plan may request modification of the site plan or the conditions of approval by submitting an amended site plan which shall be filed and processed in the same manner as the original application.

(Code 1961, Ch. 43, § 4-103(h))

Appeals from the action of the planning commission shall be filed with the board of directors. The content of the appeal filing shall consist of:

(1)

A cover letter addressed to the mayor and board of directors setting forth the request; and

(2)

A copy of the planning commission application indicating the action and properly executed by the staff.

This filing shall occur within thirty (30) calendar days of the action by the planning commission. Certified notice of appeal hearing shall be provided by the appellant not less than ten (10) days prior to the date of the hearing and the affidavit and other supporting evidence of notice shall be filed not less than five (5) days prior to the date of review. This notice shall be given to all record parties in interest whether for or against the request. The cost of this notice shall be borne by the appellant. No activity which requires said permit shall be conducted prior to final approval.

(Code 1961, Ch. 43, § 4-103(i); Ord. No. 16,116, § 1(s), 11-19-91; Ord. No. 20,326, § 1(r), 9-21-10)