(a)

Definition. In this section "tower" means any mast, brace, or other structure used for the support of amateur radio, radio, television or broadcast media, specifically exempting wireless communication facilities which are covered in article XII of this chapter.

(b)

Building code applicable. No provision of this section shall be construed so as to relieve compliance with all other requirements of the building code.

(c)

Permits. It is unlawful to construct, erect or install any tower without first obtaining a permit therefor. The permit shall be granted pursuant to the provisions of this section. No permit shall be issued for the erection of a tower which will in any way constitute a hazard to air travel as recommended or required by the federal government. A building permit shall be required for the construction of all towers except for the erection of any tower which is:

(1)

Constructed of steel or other metal which is less than twenty-five (25) feet in height above the adjacent ground.

(2)

Constructed of steel or other metal which is less than fifteen (15) feet above the roofline of the building on which mounted.

(3)

Constructed of wood under the provisions of this section.

A permit fee will be charged for the erection of towers as provided by ordinance.

(d)

Specifications and plans. All towers shall be erected in strict compliance with the manufacturer's specifications for construction, or in the event there are no manufacturer's specifications towers shall be constructed in accordance with plans and specifications prepared by a registered professional engineer licensed in this state. The manufacturer's specifications or plans and specifications prepared by said registered professional engineer shall be filed with the city prior to the issuance of the building permit.

(e)

Height restrictions—Generally.

(1)

Ground-mounted towers.

a.

No steel or other metal ground-mounted tower shall exceed seventy-five (75) feet in height above the adjacent ground.

b.

No wood ground-mounted tower shall exceed twenty (20) feet in height above the adjacent ground.

(2)

Attached towers.

a.

No steel or other metal tower mounted on the roof of any commercial or industrial structure shall exceed fifty (50) feet in height above the roof line of the structure on which it is mounted.

b.

No steel or other metal tower mounted on the roof of any residential structure shall exceed twenty-five (25) feet in height above the roof line of the building on which it is mounted.

c.

No wood roof-mounted tower shall exceed twenty (20) feet in height above the adjacent ground.

(f)

Same—Exceptions. The board of adjustment may grant a waiver of the height limitations of this chapter upon the filing of a proper application. The height restrictions set forth in subsection (e) of this section shall in all instances supersede the building height limits set forth in the various zoning districts.

(g)

Inspections. It is unlawful to pour or otherwise construct any foundation, footing or pad for a tower without the prior approval of the city building codes official of the excavation or ditch in which the foundation, footing or pad will be constructed. Two (2) inspections shall be made. A foundation site inspection shall be made by the city within twenty-four (24) hours after being notified by the permittee that the excavation or ditch in which the foundation, footing or pad for the support of a tower is about to be poured. Final inspection shall be made by the building inspector upon completion of construction. The permittee shall notify the building inspector within twenty-four (24) hours of completion.

(h)

Guying. All guying used to support a tower should be located on the property upon which the tower is constructed. If it is necessary that guying extend onto adjacent property the permittee shall obtain and provide to the city proper authorization of the adjacent property owner prior to issuance of the building permit.

(Code 1961, §§ 38-1—38-7; Ord. No. 17,305, § 1(ii), (ccc), 11-7-96; Ord. No. 17,697, § 6a, 3-17-98; Ord. No. 17,774, § 1, 7-7-98; Ord. No. 18,682, § 1(f), 5-21-02)

(a)

The director of the city planning department may allow a temporary building or manufactured home for commerce or industry in any district where such building is used:

(1)

Incidental to construction on a site or development of a residential subdivision; or

(2)

As a temporary office, store, or other facility while the primary structure on the same site is being remodeled or constructed.

(b)

Such temporary building or manufactured home may be allowed for any period of time up to one (1) year, after which a requested extension of time may only be granted by the board of zoning adjustment.

(c)

Appeals from the decision of the director or the city department having planning authority and responsibility shall be the board of adjustment. In making decisions, the director of the city department having planning authority and responsibility and the board of adjustment shall evaluate the need for such temporary uses, compatibility with neighboring properties, parking, traffic, safety, and other factors related to the public health, safety, and general welfare.

(Code 1961, Ch. 43, § 3-101(c); Ord. No. 15,438, § 1, 2-16-88; Ord. No. 15,988, § 4, 12-18-90; Ord. No. 20,255, § 4, 4-20-10)

(a)

General purpose. The purpose of this section is to provide procedures for the placement of accessory buildings and uses on properties owned by and for the Little Rock School District and to establish standards by which such buildings and uses can be evaluated. Only those structural types and uses identified may be placed on any school property in any zoning district where listed. In all instances, the specific site plan to be used for placement shall receive detailed administrative review.

The director of the department of planning and development shall have authority to approve placement of buildings and uses for a period of up to five (5) years, after which said buildings and uses shall be removed. Appeals may be filed with the board of adjustment within thirty (30) days of a denial by the director.

(b)

Guidelines for decision. In determining whether to approve a site location for a temporary school building and use, the director may consider, among other things, the recommendations of the Little Rock Fire Department, Little Rock Building Code Official, and the public works department. The director shall cause a field inspection to be made of the proposed site for purposes of evaluating the proposal. The adopted neighborhood land use plan, community facilities plan or other master plan components shall be considered.

(c)

Development standards. In carrying out the purpose of this section, the following use and design standards shall be subject to the review and approval of the planning director. The appropriateness of these standards and compliance therewith shall be determined for each specific placement of a temporary school building and use.

(1)

The proposed use is designed, located and proposed to be operated such that the public health, safety, welfare and convenience will be promoted.

(2)

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

(3)

The current zoning classification of the land permits a public school as a use by right or conditional use permit.

(4)

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

(5)

The internal street system, ingress and egress, off-street parking, loading areas, and pedestrian ways are adequate.

(6)

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

(7)

Proposed landscaping and screening are in accordance with the City of Little Rock Landscape Ordinance. ^[5]

(d)

Site plan submission. The submission requirements for the review of a site plan by the director of the department of planning and development shall include the following:

(1)

A site plan to be submitted digitally on accepted media and may also be on white paper no larger than thirty (30) inches by forty-two (42) inches and no smaller than eleven (11) inches by seventeen (17) inches and including:

a.

Graphic scale and north arrow.

b.

Lot lines.

c.

Existing and proposed vehicular and pedestrian circulation systems, including streets, alleys, walkways, service areas and loading areas, the location and arrangement of off-street parking areas, and all points of vehicular ingress and egress.

d.

Proposed perimeter treatment of the property indicating screening materials to be used including fences, walls and plant materials together with a description of the uses, setbacks and their relationship to surrounding areas.

e.

Location and dimension of all existing and proposed utility and street easements and all existing public improvements within the site.

f.

Proposed location of structures and structural dimensions, distances between buildings, and distances from structures to property lines.

(2)

An application form properly executed.

(e)

Filing and administration procedure. The review procedure occurs when initiated by an agent of the Little Rock School District. The application and supporting data shall be filed with the office of comprehensive planning. At that time, the plan will be assessed for compatibility with standards and guidelines provided herein. The director shall cause copies of application material to be submitted to city departments or public agencies as necessary to obtain their comments on the proposal. The comments of the respondents will be received, assessed and made a part of the permanent record. The planning director will review the application and comments received and make a decision which shall be either: (1) approval, in which case a building permit shall be issued; (2) denial, in which case a revised plan may be submitted in response to efficiencies noted; or (3) conditional approval, in which instance the conditions set forth by the director shall be specifically reflected on the approved site plan. In no instance shall the initial review process exceed twenty-one (21) consecutive days from the filing date.

(f)

Use provisions. The provisions of these regulations shall extend to accessory uses within temporary buildings utilized by the Little Rock School District. Approvals of buildings and uses shall be limited to up to a five-year period, as determined by the director. Each building and use authorized by the director shall be removed from the site after expiration of the approved time period.

(g)

Sunset provision. The board of directors hereby extends the sunset provision of the zoning ordinance for an additional five (5) years to July 19, 2024, for portable school classrooms in the Little Rock School District.

(Ord. No. 15,710, § 1, 7-18-89; Ord. No. 15,988, § 4, 12-18-90; Ord. No. 16,706, § 1, 7-19-94; Ord. No. 16,861, § 1(aa), 3-21-95; Ord. No. 17,697, § 6a, 3-17-98; Ord. No. 18,028, § 1, 6-1-99; Ord. No. 19,126, § 1, 6-15-04; Ord. No. 20,102, § 1, 5-5-09; Ord. No. 20,899, § 1, 7-1-14; Ord. No. 21,760, § 1, 7-23-19; Ord. No. 21,867, § 1, 5-19-20)

The residential districts established by this chapter are designated to promote and protect the health, safety, morals, convenience, order, prosperity and other aspects of the general welfare. These general goals include, among others, the following more specific purposes:

(1)

To provide sufficient space at appropriate locations for residential developments to adequately meet the housing needs of the present and expected future population of the metropolitan area, with due consideration to the need for a variety of choices in site selection.

(2)

To permit improved movement on the public street system and efficiently utilize existing public streets, and, as far as possible, to mitigate the effects of heavy traffic and more particularly all though traffic, in residential areas.

(3)

To protect residential areas against undue congestion, as far as possible, by regulating the density of population, intensity of activity, and the bulk of buildings in relation to the surrounding land and to each other.

(4)

To provide for access of light and air to windows and for privacy, as far as possible, by controls of the height of buildings and other structures.

(5)

To promote the most desirable use of land and building development, to protect the character of each district and its suitability for particular uses and to conserve the value of land and buildings.

(Code 1961, Ch. 43, § 7-101)

(a)

[Area requirements.] Accessory dwellings within the R-2, R-3, R-4 and R-7A districts shall conform to the following area requirements:

(1)

No accessory dwelling shall exceed the permitted height of the district.

(2)

In no instance shall the floor area of the accessory dwelling exceed that of the principal dwelling.

(3)

In the R-2 and R-3 districts, one (1) of the dwelling units must be occupied by the landowner.

(4)

In the R-4 district, an accessory dwelling is expressly prohibited when a duplex exists on the lot.

(5)

In R-2, R-3, R-4 and R-7A districts, a single-family dwelling or manufactured home must be on the site prior to approval of location of an accessory dwelling.

(6)

The two-story type of construction may be allowed for accessory dwellings when the ground floor is occupied as an automobile garage or accessory storage for the dwelling units on the lot.

(b)

Accessory buildings. An accessory building shall be a constructed edifice designed to stand alone, more or less permanently. Only those buildings specifically designed and constructed for the purpose of serving as an accessory building shall meet the definition of an accessory building. The use of items such as cargo containers, truck boxes and trailers, train cars and cabooses, mobile homes, manufactured homes and recreational vehicles or trailers shall not be deemed appropriate to serve as an accessory building in a residentially-zoned district. Such items shall not be deemed to be nonconforming structures under article III of this chapter. Any such item not deemed by the planning director to be appropriate that was being used prior to the effective date of the ordinance codified in this section as an accessory structure in a residentially-zoned district shall be removed within six (6) months from notification by the city of the property owner.

(Code 1961, Ch. 43, § 5-102(f); Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,438, § 1, 2-16-88; 18,682, § 1(d), 5-21-02; Ord. No. 18,902, § 1(s), 7-15-03; Ord. No. 19,052, § 2, 2-3-04)

(a)

Purpose and intent. The R-1 single-family district is established in order to provide areas in the city for development of single-family residences on lots not less than fifteen thousand (15,000) square feet in area. This section applies to such district. This district shall be located so as to facilitate the economical provision of appropriate urban services and to provide for the orderly expansion and maintenance of urban residential development throughout the metropolitan area. The R-1 district shall also be applied to areas where, because of topography or other physical constraints, lots larger than permitted in the R-2 and R-3 districts would be appropriate. The R-1 district is not intended to be subject to major alteration by future amendment except at the fringe of such district, where minor adjustment may become appropriate to permit the reasonable development of vacant tracts for gradual transition from other districts. Within the R-1 district, all buildings, structures or uses having commercial characteristics shall be excluded whether operated for profit or otherwise. Conditional uses and home occupations expressly provided for in this chapter, however, shall be allowed, provided they do not have objectionable characteristics and provided further that they otherwise conform to the provisions of this chapter.

(b)

Use regulations.

(1)

Permitted uses. Permitted uses are one (1) single-family dwelling on any lot or parcel.

(2)

Accessory uses. The following accessory structures and land uses shall be permitted only where clearly incidental to the permitted primary use, except as otherwise permitted herein:

a.

Servants' quarters, provided said quarters are used only by persons employed on the premises and not for commercial purposes.

b.

Accessory buildings, including private garages, storage facilities and children's playhouses.

c.

Private greenhouses and horticultural collections.

d.

Flower and vegetable gardens.

e.

The keeping of animals for private, noncommercial use in accordance with chapter 6.

f.

Home occupations in compliance with this chapter.

g.

Signs in compliance with chapter 36, article X.

h.

Swimming pools, tennis courts and similar recreational facilities.

(3)

Temporary uses. The following temporary buildings, structures and uses shall be permitted where such building, structure or use conforms to the height and yard requirements of this zone:

a.

Facilities and storage incidental to a construction project and located on the project site. When such facilities or storage are used for construction on lots other than the lots used for such facilities or storage, such use shall maintain the setbacks required in this zone.

b.

Model home or subdivision sales offices when located in model homes subject to the approval of the planning director, and subject to the following provisions:

1.

Such model homes or subdivision sales offices shall be located in a subdivision which is owned by or held in trust with the subdivision developer proposing to erect a model home or proposing to operate the sales office.

2.

Subdivision sales offices or model homes shall be permitted not to exceed thirty-six (36) months from the granting of such temporary use by the planning director.

3.

The board of adjustment may grant not more than one (1) use permit to extend the time limit allowed in item 2, above, not to exceed an additional thirty-six (36) months.

4.

The subdivision sales office shall be removed and the model homes shall be discontinued as a model home on or before the termination date set forth in item 2, above or upon expiration of the extension granted by the board of adjustment pursuant to item 3, above, or after six (6) months following sale or occupancy of all lots in the subdivision other than the model homes, whichever occurs first.

5.

For the purpose of items 1, and 4, above, "subdivision" means all land included within a plat submitted to the city.

c.

Garage sales (not to exceed two (2) a year and two (2) days for each event).

(4)

Conditional uses. The following uses may be permitted in this zone subject to the approval of a condition use permit and all required showings and conditions thereof:

a.

Churches and other religious institutions and their accessory buildings and uses.

b.

Educational institutions, including but not limited to colleges, universities, public and private elementary, junior or senior high schools and their accessory buildings and uses.

c.

Public utility buildings and facilities when necessary for serving the surrounding area, provided that no public business office and no repair or storage facility are maintained therein.

d.

Municipal or governmental recreation use, including public parks, playgrounds, tennis courts, golf courses, community centers, fire stations, museums, libraries and other similar uses.

e.

Country club, golf course, swimming pool or other private recreational uses usually associated with or incidental to a social country club or subdivision association operated for mutual recreation for the members, and not as a business for profit.

f.

Group care facilities.

g.

Fire station.

(5)

Special uses. The following special uses may be permitted subject to the criteria contained in section 36-54 and approval of a special use permit by the planning commission:

a.

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

b.

Family care facility.

c.

Day care family home.

d.

Family care facility.

e.

Group care facility.

f.

Group home.

g.

Parolee or probationer housing facility.

h.

Rooming, lodging and boarding facility.

(6)

Home occupation.

a.

Home occupations shall be permitted that will not:

1.

Change the outside appearance of the dwelling or provide product display visible from the street.

2.

Generate traffic, parking, sewage or water use in excess of what is normal in the residential neighborhood.

3.

Create a hazard to persons or property, result in electric interference or become a nuisance.

4.

Result in outside storage or display of any material or product.

5.

Involve accessory buildings.

6.

Result in signage beyond that which may be required by other government agencies.

7.

Limited to five hundred (500) square feet in area, but in no case more than forty-nine (49) percent of the floor area in a dwelling.

8.

Stock in trade shall not exceed ten (10) percent of the floor area of the accessory use.

9.

Require the construction of, or the addition to, the residence of duplicate kitchens.

10.

Requirement or cause the use or consumption on the premises of any food product produced thereon.

11.

Provide medical treatment, therapeutic massage or similar activities.

b.

The following are permitted home occupations, provided they do not violate any of the provisions of the previous subparagraph a:

1.

Dressmaking, sewing and tailoring.

2.

Painting, sculpturing or writing (artistic endeavors).

3.

Telephone answering service or radio monitoring service.

4.

Home crafts such as model making, rug weaving and lapidary work.

5.

Tutoring limited to two (2) students at a time.

6.

Music instruction limited to two (2) students at a time.

7.

Catering and home cooking.

8.

Computer programming.

9.

Clock or watch repair.

10.

Personal or home care products marketing without stock in trade on premises.

c.

The following are prohibited as home occupations:

1.

Barbershops and beauty shops.

2.

Animal hospitals.

3.

Dance studios.

4.

Mortuaries.

5.

Nursery schools.

6.

Private clubs.

7.

Small appliance repair shops.

8.

Restaurants.

9.

Stables or kennels.

10.

Animal grooming.

11.

Engine or motor repair shops.

12.

Paint shops.

d.

Any proposed home occupation that is neither specifically permitted by subparagraph b., nor specifically prohibited by subparagraph c., shall require an accessory use permit and which shall be granted or denied by the department of planning and development upon consideration of those standards contained in this paragraph. Appeals from the administrative judgement of the department 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; and

2.

A copy of all pertinent graphic materials or correspondence.

This filing shall occur within thirty (30) calendar days of the action by the department. No activity which requires an accessory use permit shall be conducted prior to issuance of the permit. Any proposed use requiring employees who are not residents of the dwelling shall be approved by the board of adjustment prior to the issuance of permits.

e.

Revocation procedure.

1.

Any approved home occupation may, upon review and action by the planning commission, be revoked. Revocation proceedings may be initiated by staff. The planning commission may revoke the home occupation if it is determined that the use approved under the home occupation is being conducted in a manner contrary to the original approved application, being conducted in a manner in violation of the provisions of this chapter or contrary to any other laws of the city.

2.

Notice shall be delivered to the business operator, either by delivery in person or by certified mail, giving notice of the alleged violation and setting a time and date to appear before the planning commission. At the hearing before the planning commission, the burden is on the business operator to prove that the home occupation is in strict compliance with city ordinances in order to avoid revocation.

3.

The planning commission shall have final authority. Appeals from the action of the planning commission shall be filed with the board of directors through the office of the city clerk. The content of the appeal filing shall consist of:

(i)

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

This filing shall occur within thirty (30) days of the action by the planning commission. At any appeal before the board of directors, the burden is on the business operator to prove that the home occupation is in strict compliance with city ordinances in order to avoid revocation.

4.

Once an approved home occupation is revoked, notice of the revocation shall be sent to the city finance department and the business license shall be revoked.

(c)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet.

(d)

Area regulations.

(1)

Front yard. There shall be a front yard setback having a depth of not less than thirty-five (35) feet.

(2)

Side yard. There shall be a side yard setback on each side of the building having a width of not less than ten (10) feet. Notwithstanding the above requirement, no conditional use in this district will be approved having a side yard setback of less than twenty-five (25) feet.

(3)

Rear yard. There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. In the case of a corner lot, however, when providing a twenty-five-foot exterior side yard, the rear yard may be reduced to not less than ten (10) feet.

(4)

Lot area regulations. There shall be a lot area of not less than fifteen thousand (15,000) square feet. In addition, there shall be a minimum lot width of not less than eighty (80) feet and a minimum lot depth of not less than one hundred twenty (120) feet.

(e)

Lot coverage. The main building and all accessory buildings on a lot shall not occupy more than thirty (30) percent of the total area of the lot.

(Code 1961, Ch. 43, § 7-101.1; Ord. No. 15,703, § 1k, p, 7-5-89; Ord. No. 15,988, § 4, 12-18-90; Ord. No. 16,116, § 1(t), (qq), 11-19-91; Ord. No. 16,341, § 1(m), (ff), 1-19-93; Ord. No. 16,861, § 1(x), (aa), 3-21-95); Ord. No. 18,324, § 1(jj), (oo), 8-1-00; Ord. No. 18,682, § 1(e), 5-21-02; Ord. No. 19.395, § 1(g), 9-6-05; Ord. No. 21,168, § 1(x), 2-2-16; Ord. No. 21,867, § 1, 5-19-20; Ord. No. 22,274, § 4, 6-20-23)

(a)

Purpose and intent. The R-2 single-family district applies to a major portion of the city developed for single-family residences. It is the proper zoning classification for areas of undeveloped land within the city identified as appropriate for single-family residential use and may be applied to undeveloped areas annexed to the city in conjunction with the approval of a zoning plan by the board of directors. This section applies to such district. The purpose of this district is to protect single-family uses in established areas by promoting and encouraging a suitable environment for family life, by providing a reasonable standard for light, air and similar amenities, by minimizing traffic congestion, and by avoiding the overloading of utilities and public facilities designed to service only one-family residential uses. Within the R-2 district, all buildings, structures or uses having commercial characteristics shall be excluded, whether operated for profit or otherwise. Conditional uses, accessory uses and home occupations expressly provided for in these regulations, however, shall be allowed, provided they do not have objectionable characteristics, and provided further that they otherwise conform to the provisions of this chapter.

(b)

Use regulations.

(1)

Permitted uses. Permitted uses are one (1) single-family dwelling on any lot or parcel.

(2)

Other uses. Accessory, home occupation, special use, conditional uses or temporary uses allowed within the R-2 single-family district shall be the same as those in the R-1 district except that day care centers, adult day care centers, accessory dwellings, and manufactured homes may be allowed as conditional uses.

(c)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet.

(d)

Area regulations:

(1)

Front yard. There shall be a front yard setback having a depth of not less than twenty-five (25) feet.

(2)

Side yard. There shall be a side yard set-back on each side of the building having a width of not less than ten (10) percent of the average width of the lot, not to exceed eight (8) feet.

(3)

Rear yard. There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. In the case of a corner lot, however, when providing a twenty-five foot exterior side yard, the rear yard may be reduced to not less than eight (8) feet.

(4)

Lot area regulations. There shall be a lot area of not less than six thousand (6,000) square-feet. In addition, there shall be a minimum lot width of not less than fifty (50) feet and a minimum lot depth of not less than one hundred (100) feet. For purposes of zero-lot-line lots, the minimum lot width may be reduced to not less than thirty-five (35) feet. The lot area shall not be less than four thousand (4,000) square-feet.

(5)

Other area regulations and siting standards. The following minimum siting standards shall apply to all instances of placement of a manufactured home in the R-2 single-family district by conditional use permit:

a.

A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater.

b.

Removal of all transport elements.

c.

Permanent foundation.

d.

Exterior wall finished so as to be compatible with the neighborhood.

e.

Orientation compatible with placement of adjacent structures.

f.

Underpinning with permanent materials.

g.

All homes shall be multisectional.

h.

Off-street parking per single-family dwelling standard.

(6)

Accessory structures and additions. Accessory structures or principal building additions of conventional on-site construction are permitted by right.

(Code 1961, Ch. 43, § 7-101.2; Ord. No. 15,247, § 1, 2-15-87; Ord. No. 15,438, § 1, 2-16-88; Ord. No. 15,553, § 1vv, 9-20-88; Ord. No. 15,971, § 1(f), 12-4-90; Ord. No. 16,116, §§ 1(h), (rr), 11-19-91; Ord. No. 16,861, § 1(aa), 3-21-95; Ord. No. 18,324, § 1(h), 8-1-00; Ord. No. 21,867, § 1, 5-19-20)

(a)

Purpose and intent. The R-3 single-family district is established in order to provide an appropriate district for existing developed areas occupied by smaller scale single-family housing while at the same time maintaining reasonable standards of light, air and similar amenities for living. This section applies to such district. It is intended that this district be utilized for new construction only within the existing urban area and especially for infill development. Within the R-3 district, all buildings, structures or uses having commercial characteristics shall be excluded whether operated for a profit or otherwise. Accessory uses, conditional uses and home occupations specifically provided for in this chapter, however, shall be allowed provided they do not have objectionable characteristics and provided further that they otherwise conform to the provisions of this chapter.

(b)

Use regulations.

(1)

Permitted uses. Permitted uses are one (1) single-family dwelling on any lot or parcel.

(2)

Other uses. Accessory, home occupation, special use, conditional uses or temporary uses allowed within the R-3 single-family district shall be the same as those in the R-1 and R-2 districts except that two-family residences, accessory dwellings, day camps, day nursery, day care centers, adult day care centers, and manufactured homes may be allowed as conditional uses in R-3 as specifically approved by the planning commission.

(c)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet.

(d)

Area regulations.

(1)

Front yard. There shall be a front yard setback having a depth of not less than twenty-five (25) feet.

(2)

Side yard. There shall be a side yard on each side of the building having a width of not less than ten (10) percent of the average width of the lot, not to exceed five (5) feet.

(3)

Rear yard. There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. In the case of a corner lot, however, when providing a twenty-five foot exterior side yard, the rear yard may be reduced to not less than eight (8) feet.

(4)

Lot area regulations. There shall be a lot area of not less than five thousand (5,000) square feet. In addition, there shall be a minimum lot width of not less than fifty (50) feet and a minimum lot depth of not less than one hundred (100) feet. In the case of a lot used for a two-family residence, the minimum lot area shall be seven thousand (7,000) square feet, with a minimum width of fifty (50) feet and a minimum depth of one hundred (100) feet. For purposes of zero-lot-line lots, the minimum lot width may be reduced to not less than thirty-five (35) feet. The lot area shall not be less than four thousand (4,000) square feet.

(5)

Other area regulations/siting standards. The following minimum siting standards shall apply to all instances of placement of a manufactured home in the R-3 single-family district by conditional use permit:

a.

A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater.

b.

Removal of all transport elements.

c.

Permanent foundation.

d.

Exterior wall finished so as to be compatible with the neighborhood.

e.

Orientation compatible with placement of adjacent structures.

f.

Underpinning with permanent materials.

g.

All homes shall be multisectional.

h.

Off-street parking per single-family dwelling standard.

(6)

Accessory structures and additions. Accessory structures or principal building additions of conventional on-site construction are permitted by right.

(Code 1961, Ch. 43, § 7-101.3; Ord. No. 15,247, § 1, 2-15-87; Ord. No. 15,438, § 1, 2-16-88; Ord. No. 15,971, § 1(g), 12-4-90; Ord. No. 16,116, § 1(h), 11-19-91; Ord. No. 18,324, § 1(h), 8-1-00)

(a)

Purpose and intent. Two-family dwellings are an established development type in the city. Such areas are deserving of protection in the form of reasonable standards which will maintain and encourage two-family lot development at appropriate locations. The purpose of the R-4, two-family district, is two-fold: To provide areas for the development of two-family dwellings and lots in spacious surroundings; and to facilitate the conversion of one-family residences to two-family use in established developed areas. This section applies to such district. It is the intent of this chapter that the R-4 district be located in both developed and undeveloped areas of the city where an environment suitable for moderate-density residential use can be provided and in established medium-density residential areas where conversions may facilitate their continuation as desirable residential areas. Within the R-4 district, all buildings, structures or uses having commercial characteristics shall be excluded, whether operated for profit or otherwise. Accessory uses, conditional uses and home occupations specifically provided for in this chapter, however, shall be allowed provided they do not have objectionable characteristics and provided further that they otherwise conform to the provisions of this chapter.

(b)

Use regulations.

(1)

Permitted uses. Permitted uses are single-family and two-family residences and lots. Two-family dwellings shall be attached by wall, roof and/or foundation; however, subject to the area regulations and siting standards in subsection 36-256(d)(7) two single-family detached dwellings may be constructed as a two-family lot on a single lot or lot of record.

(2)

Other uses. Accessory, home occupation, temporary, special and conditional uses allowed within the R-4 two-family district shall be the same as those in the R-1, R-2 and R-3 single-family districts except that day camps, day nursery, accessory dwellings, day care centers, adult day care centers, and manufactured homes may be allowed as conditional uses in R-4 as specifically approved by the planning commission.

(c)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet.

(d)

Area regulations.

(1)

Front-yard. There shall be a front-yard setback having a depth of the lesser of not less fifteen (15) feet from the front property boundary; or the average setback of the nearest structures on each side if either of those structures have a setback on the same block facing the same street of twenty-five (25) or fewer feet.

(2)

Side-yard. There shall be a side-yard on each side of the building having a width of not less than ten (10) percent of the average width of the lot, not to exceed five (5) feet measured from the side boundaries of the property. Building overhangs, including but not limited to, sills, cornices, ornamental projections, or eaves, may extend into the required side yard setback provided that stormwater runoff is sufficiently collected or diverted so that it does not create a hazard or detriment to adjacent property. No building overhang or building feature may extend beyond the property boundary.

(3)

Rear-yard. There shall be a rear-yard having a depth of not less than twenty-five (25) feet from the rear property boundary; except on lots that do not conform to the lot area regulations of subsections (d)(4) and having a depth of less than one hundred (100) feet, there shall be a rear-yard depth of not less than ten (10) percent of the depth of the lot. Building overhangs, including, but not limited to, sills, cornices, ornamental projections or eaves, may extend into the required rear yard setback provided that stormwater runoff is sufficiently collected or diverted so that it does not create a hazard or detriment to adjacent property. No building overhand or building feature may extend beyond the property boundary.

(4)

Lot area regulations. There shall be a lot area of not less than seven thousand (7,000) square feet. In addition, there shall be a lot width of not less than seventy (70) feet and a lot depth of not less than one hundred (100) feet.

(5)

Other area regulations and siting standards.

a.

The following minimum siting standards shall apply to all instances of placement of a manufactured home in the R-4, two-family district, by conditional use permit:

1.

A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater.

2.

Removal of all transport elements.

3.

Permanent foundation.

4.

Exterior wall finished so as to be compatible with the neighborhood.

5.

Orientation compatible with placement of adjacent structures.

6.

Underpinning with permanent materials.

7.

All homes shall be multisectional.

8.

Off-street parking per single-family dwelling standard.

b.

All dwellings on two-family lots, including two-family dwellings, shall be constructed with separate, applicable utility connections unless it is expressly acknowledged by the lot owner and contractor to whom the construction permit is issued that an application for lot split shall be rejected by the director of planning and development, and will not be considered by the board of directors, unless: 1) the utilities serving the dwellings are reconstructed to provide for distinct utility service to each dwelling; or 2) the property is replatted as a horizontal property regime, pursuant to the Horizontal Property Act [A.C.A. § 18-13-101 et seq.].

c.

Any storm-water drainage plan submitted pursuant to this district code shall provide sufficient information to enable the planning department to identify: 1) the general direction of anticipated water flow; 2) the methods to be employed in capturing or directing the flow of storm-water, including, not limited to, the use of gutters, buried drainpipes or rain swales; and 3) any other information necessary for the understanding of the general storm-water drainage concept on or for the benefit of the subject property to be employed for the mitigation and avoidance of injury to surrounding properties.

(6)

Accessory structures and additions. Accessory structures or principal building additions of conventional on-site construction are permitted by right.

(7)

Area regulations and siting standards for two (2) single-family dwellings on one (1) lot. The following minimum siting standards shall apply to all instances of construction or placement of two single-family dwelling units constructed on one (1) lot in the R-4, Two-Family District:

a.

On corner lots:

1.

Each dwelling shall front on a different street.

2.

The front dwelling shall abide by front-yard area regulations in subsection 36-256(d)(1), and side-yard area regulations in subsection 36-256(d)(2). The separation between the front dwelling and the rear dwelling shall be not less than eight (8) feet unless appropriate fire protection standards are adequately depicted in construction documents and constructed to meet the standards set out in the appropriate building code.

3.

The rear dwelling shall have a front-yard setback with a depth of the lesser of the side-yard setback of the front dwelling, or ten (10) feet from the property boundary nearest the front of the rear dwelling. The rear dwelling shall have a setback of not less than five (5) feet from the rear of the structure to the property boundary behind the rear dwelling. The side of the rear dwelling nearest the rear property boundary shall have a setback of at least five (5) feet. The rear dwelling may not occupy more than thirty (30) percent of the rear-yard area required by subsection 36-156(d)(3).

b.

On double frontage lots:

1.

Each dwelling shall front on a different street.

2.

Both dwellings shall be treated as having front-yards, and shall abide by front yard area regulations in subsection 36-256(d)(1), and side-yard area regulations in subsection 36-256(d)(2). The separation between the dwelling units shall be not less than eight (8) feet unless appropriate fire protection standards are adequately depicted in construction documents and constructed to meet the standards set out in the applicable building code.

c.

On lots that are neither corner lots or double frontage lots:

1.

The front dwelling shall abide by front-yard area regulations in subsection 36-256(d)(1), and side yard area regulations in subsection 36-256(d)(2). The separation between the front dwelling and the rear dwelling shall be not less than eight (8) feet unless appropriate fire protection standards are adequately depicted in construction documents and constructed to meet the standards set out in the appropriate building code.

2.

The rear dwelling resident shall be provided adequate, improved access from the street right-of-way or parking area by a gravel or paved path.

3.

The rear dwelling may be constructed as a dwelling unit over a garage serving either dwelling, or as a stand-alone dwelling.

4.

The rear dwelling may not occupy more than thirty (30) percent of the rear-yard area required by subsection 36-156(d)(3). The rear dwelling shall maintain at least a ten-foot setback from the rear-yard property line.

(Code 1961, Ch. 43, § 7-101.4; Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,438, § 1, 2-16-88; Ord. No. 16,341, § 1(c), 1-19-93; Ord. No. 16,861, § 1(aa), 3-21-95; Ord. No. 18,324, § 1(h), 8-1-00; Ord. No. 22,304, §§ 1(a)—(e), 8-15-23)

(a)

Purpose and intent. The MF-6 and MF-12 multifamily districts are established to provide suitable areas for medium-density residential development. It is the intent of this section that these districts be located in those areas of the city where adequate public facilities and environment exist or can be provided. This section applies to such districts.

(b)

Use regulations.

(1)

Permitted uses. Permitted uses are as follows:

a.

Housing, elderly, at six (6) units per acre in MF-6 and twelve (12) units per acre in MF-12.

b.

Structures utilizing townhouse development types not exceeding six (6) units per gross acre in the MF-6 district and twelve (12) per gross acre in the MF-12 district.

c.

Multifamily residential structures not to exceed six (6) units per gross acre in the MF-6 district and twelve (12) units per gross acres in the MF-12 district.

d.

Two-family residences.

e.

Orphanage.

(2)

Accessory and temporary uses. Accessory and temporary uses allowed within the MF-6 and MF-12 districts shall be the same as those in the R-1, R-2, R-3 and R-4 districts except that certain nonresidential uses such as laundry rooms and recreation rooms will be interpreted as accessory uses if they serve only the residents of a multifamily complex.

(3)

Conditional uses. Conditional uses are as follows:

a.

Same as in the R-1, R-2, R-3 and R-4 residential districts.

b.

Rooming, lodging and boarding facilities.

(4)

Special uses. Special uses are as follows:

a.

Same as in the R-1, R-2, R-3 and R-4 districts.

(c)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet.

(d)

Area regulations:

(1)

Exterior yards. All exterior yards or yards which abut dedicated public streets shall have a depth of not less than twenty-five (25) feet.

(2)

Interior yards. All interior yards or yards which abut interior property lines or any lot of record shall have a depth equal to the height of any proposed building or structure.

(3)

Detached building separation. All detached buildings shall be separated by a distance of not less than ten (10) feet.

(4)

Lot area per family. In the MF multifamily district, every building for single-family attached or multifamily use hereafter erected or structurally altered shall provide a minimum lot area per family as follows:

a.

MF-6 district, seven thousand (7,000) square feet.

b.

MF-12 district, three thousand six hundred (3,600) square feet.

(5)

Site area. The minimum site area of the MF-6 and MF-12 districts shall be one (1) acre.

(e)

Landscape requirements. All landscaping and screening of vehicular use areas shall be in accordance with chapter 15, article IV.

(Code 1961, Ch. 43, § 7-101.5; Ord. No. 15,553, § 1y, bbb, 9-20-88; Ord. No. 16,341, § 1(d), 1-19-93)

(a)

Purpose and intent. The MF-18 and MF-24 multifamily districts are established in order to provide suitable areas in the city for medium-density residential uses and structures at a density of not more than eighteen (18) and twenty-four (24) units per gross acre respectively. It is the intent of this section that these districts be utilized in both the developed and urbanizing portions of the city. Both districts shall be restricted to sites abutting collector or arterial streets and may be developed either adjacent to or in conjunction with neighborhood commercial or shopping center developments. Adequate commercial facilities, public utilities and urban services shall either exist prior to development or be provided in conjunction with development. These districts may also be used as a transitional or buffer zone between single-family districts and other uses which are not compatible with a low density residential environment. Within the MF-18 and MF-24 districts, all buildings, structures or uses having commercial characteristics and not planned as an integral part of the total residential development shall be excluded, whether operated for profit or otherwise. Accessory and conditional uses and home occupations expressly provided for in this chapter, however, shall be allowed, provided they do not have objectionable characteristics, and provided further that they otherwise conform to the specific provisions of this chapter.

(b)

Use regulations.

(1)

Permitted uses. Permitted uses are as follows:

a.

Housing, elderly, at eighteen (18) units per acre in MF-18 and twenty-four (24) units per acre in MF-24.

b.

Multifamily residential structures not to exceed eighteen (18) units per gross acre in the MF-18 district and twenty-four (24) units per gross acres in the MF-24 district.

c.

Two-family residences.

d.

Rooming, lodging and boarding facilities.

e.

Orphanage.

(2)

Accessory and temporary uses. Accessory and temporary uses allowed within the MF-18 and MF-24 districts shall be the same as those allowed in the MF-6 and MF-12 districts.

(3)

Conditional uses. Conditional uses are as follows:

a.

Same as in the R-1, R-2, R-3, R-4, MF-6 and MF-12 districts.

b.

Nursing homes.

c.

Group care facility.

(4)

Special uses. Special uses are as follows:

a.

Same as in the R-1, R-2, R-3 and R-4 districts.

(c)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet.

(d)

Area regulations.

(1)

Exterior yards. All exterior yards or yards which abut dedicated public streets shall have a depth of not less than twenty-five (25) feet.

(2)

Interior yards. All interior yards or yards which abut interior property lines or any lot of record shall have a depth equal to the height of any proposed building or structure.

(3)

Detached building separation. All detached buildings shall be separated by a distance of not less than ten (10) feet.

(4)

Lot area per family. In the MF multifamily districts, every building hereafter erected or structurally altered shall provide a minimum lot area per family as follows:

a.

MF-18 district, two thousand four hundred (2,400) square feet.

b.

MF-24 district, one thousand eight hundred (1,800) square feet.

(5)

Site area. The minimum site area of the MF-18 and MF-24 districts shall be one (1) acre.

(6)

Platted lots. Where an MF-18 or MF-24 tract is proposed to be developed into individual platted building sites, and where each structure is to contain three (3) or more residential units, the following minimum area regulations shall prevail:

a.

Front yard, twenty-five (25) feet.

b.

Side yard, fifteen (15) feet.

c.

Rear yard, twenty-five (25) feet.

d.

Site area, nine thousand six hundred (9,600) square feet.

(e)

Landscape requirements. All landscaping and screening of vehicular use areas shall be in accordance with chapter 15, article IV.

(Code 1961, Ch. 43, § 7-101.6; Ord. No. 15,553, § 1z, 9-20-88; Ord. No. 16,341, § 1(e), (n), 1-19-93; Ord. No. 16,861, § 1(kk), 3-21-95)

(a)

Purpose and intent. The R-5 urban residence district is established in order to provide for high-density residential uses and the conversion of existing residential structures at a density of not more than thirty-six (36) units per gross acre. It is the intent of this chapter that the district be located in or near the central portion of the city and other carefully selected areas where public utilities, community facilities and other services are adequate to support high-density residential development. In such situations, this district may be used as a transitional or buffer zone between lower-density residential districts and nonresidential development. Within the R-5 district, all buildings, structures or uses having commercial characteristics shall be excluded, whether operated for profit or otherwise. Accessory uses, conditional uses and home occupations expressly provided for in this chapter, however, shall be allowed, provided they do not have objectionable characteristics, and provided further that they otherwise conform to the specific provisions of this chapter.

(b)

Use regulations.

(1)

Permitted uses.

a.

Housing, elderly, not to exceed R-5 density.

b.

Multifamily residential structures not to exceed thirty-six (36) units per gross acre.

c.

Orphanage.

d.

Reserved.

e.

One (1) single-family dwelling on any lot or parcel.

f.

One (1) two-family dwelling on any lot or parcel.

(2)

Accessory, temporary, special, and conditional uses. Accessory, temporary, special and conditional uses allowed within the R-5 urban residence district shall be the same as those in the R-1, R-2, R-3, R-4, MF-6, MF-12, MF-18 and MF-24 districts.

(c)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet.

(d)

Area regulations.

(1)

Front yard. There shall be a front yard setback having a depth of not less than twenty-five (25) feet to the front line of a building.

(2)

Side yard. There shall be a side yard on each side of the building having a width of not less than five (5) feet.

(3)

Rear yard. There shall be a rear yard setback having a depth of not less than twenty-five (25) feet to the rear line of a building. In the case of a corner lot, where twenty-five (25) feet would be required on both street frontages, the rear yard relationship which abuts a rear yard may be reduced to fifteen (15) feet.

(4)

Detached building separation. All detached buildings shall be separated by a distance of not less than ten (10) feet.

(5)

Lot area per family. Every building hereafter occupied, erected or structurally altered for multifamily occupancy shall provide lot area per family as follows:

a.

Lots ranging from zero to ten thousand (10,000) square feet in area shall provide two thousand five hundred (2,500) square feet of land area per dwelling.

b.

Lots ranging from ten thousand (10,000) square feet through one (1) acre shall provide two thousand (2,000) square feet of land area per dwelling unit.

c.

Lots in excess of one (1) acre shall provide one thousand two hundred (1,200) feet of land area per dwelling unit.

d.

For purposes of determination of fractional unit allowance, the number of units permitted shall be rounded to the nearest whole number.

(6)

Site area. The minimum site area for the R-5 district shall be five thousand (5,000) square feet. In addition, there shall be a lot width of not less than fifty (50) feet and a lot depth of not less than one hundred (100) feet.

(e)

Landscape requirements. All landscaping and screening of vehicular use areas shall be in accordance with chapter 15, article IV.

(Code 1961, Ch. 43, § 7-101.7; Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,553, § 1aa, 9-20-88; Ord. No. 16,341, § 1(f), (g), 1-19-93; Ord. No. 19,713, §§ 1(e), 1(f), 3-6-07; Ord. No. 20,568, § 3, 4-3-12)

(a)

Purpose and intent. The R-6 high-rise apartment district is established in order to provide for the development of high-density multiple-story residential structures. This section applies to such district. This district shall be limited to arterial street locations in or near the central portion of the city and other carefully selected areas where public utilities, community facilities and other public services are adequate to support high-density residential development. Ancillary office and commercial uses compatible with the intensity of development permitted in the R-6 district and intended to serve the residents of the high-rise are permitted.

(b)

Development criteria. Unless otherwise specifically provided in this section, the following development criteria shall apply to this district:

(1)

All properties within this district shall be contiguous and shall be totally developed under a unified site plan. Criteria for submittal of the accompanying site plan shall follow the guidelines set forth in this chapter.

(2)

All detached buildings shall be separated by a distance of not less than twenty (20) feet.

(3)

Design provisions for ingress and egress for any site along with service drives and interior circulation shall be that required by section 31-210 of the subdivision regulations.

(4)

The required twenty-five-foot front yard setback, measured from the property line, shall be landscaped with trees, grass and shrubs, provided with sidewalks, pedestrian walks to the front of the building and maintained in a neat and attractive condition. No parking or wheeled vehicles shall be allowed within this front yard setback.

(c)

Use regulations.

(1)

Permitted uses. Permitted uses are as follows:

a.

Housing, elderly, not to exceed R-5 density.

b.

Multifamily residential structures not to exceed seventy-two (72) units per gross acre.

(2)

Accessory uses.

a.

Accessory uses which are allowed in conjunction with multifamily development include:

1.

Cabanas.

2.

Maintenance buildings.

3.

Parking.

4.

Recreational facilities.

5.

Swimming pools.

6.

Home occupations.

b.

Ancillary office and commercial uses are permitted in multistory residential structures (five (5) stories or more only) located in the R-6 high-rise apartment district provided such uses are located entirely within said structure to which they are an accessory. Such uses shall be located either on the top floor of the structure or contiguous to the lobby or mezzanine of the principal building. For ground floor level use, the main entry will be from the lobby or entrance halls. Ancillary uses shall include:

1.

Barber and beauty shop.

2.

Cigar, tobacco and candy store.

3.

Drugstore or pharmacy.

4.

Eating place without drive-in service.

5.

Florist shop.

6.

Health studio.

7.

Offices.

8.

Photography studio.

9.

Private club, bar, lounge or tavern.

10.

Travel bureau.

(3)

Temporary uses. Temporary uses allowed within the R-6 high-rise apartment district shall be the same as those allowed in the R-1, R-2, R-3, R-4, R-5, MF-6, MF-12, MF-18 and MF-24 districts.

(d)

Height regulations. No building hereafter erected or structurally altered shall exceed a height at the required setback line of seventy-five (75) feet; provided, however, that above the height permitted at the yard lines, one (1) foot may be added to the height of the building of each foot of the building or portion thereof as setback from the required yard lines. In no instance shall the maximum height of the building exceed one hundred twenty-five (125) feet.

(e)

Area regulations.

(1)

Front, side and rear yards. The front, side and rear yard setback shall be not less than twenty-five (25) feet.

(2)

Lot area per family. In the R-6 high-rise apartment district every building hereafter erected or structurally altered shall provide a minimum lot area per family of six hundred (600) square feet.

(3)

Site area. The minimum site area shall be one (1) acre.

(Code 1961, Ch. 43, § 7-101.8; Ord. No. 15,553, § 1bb, 9-20-88; Ord. No. 15,615, § 1c, 1-3-89; Ord. No. 15,832, § 1a, 4-3-90; Ord. No. 16,577. § 1m, 1-18-94; Ord. No. 16,861, § 1(aa), 3-21-95; Ord. No. 21,867, § 1, 5-19-20)

(a)

Purpose and intent. The R-7 manufactured home park district recognizes a specific housing type that must be accommodated in the city. This section applies to such district. This zoning district is created for the specific purpose of establishing reasonable sites and providing for the development of manufactured home parks or courts at appropriate locations. It is the intent of this chapter that this district be located so as to not adversely affect the established residential development patterns and densities of the city. Such location, however, shall have necessary public utilities, community facilities and other public services, as well as a healthful living environment with the normal amenities associated with other residential districts of the city.

(b)

Development criteria. Unless otherwise specifically provided in this section, the following development criteria shall apply to this district:

(1)

All properties within this district shall be contiguous and shall be totally developed under a unified site plan. Criteria for submittal of the accompanying site plan shall follow the guidelines set forth in this chapter.

(2)

All landscaping, screening, open space and other common facilities shall be provided and maintained by the manufactured home park.

(3)

Common recreation space shall be provided at the rate of three hundred (300) square feet per manufactured home or mobile home. Minimum size of any recreation space shall be five thousand (5,000) square feet. All required recreational areas shall be used solely for recreational purposes.

(4)

A storage area shall be provided at a central location, at the rate of fifty (50) square feet per manufactured home or mobile home for the storage of boats, campers, and other items.

(5)

All utility installations shall meet the requirements established by the appropriate codes of the city.

(6)

No manufactured home or mobile home space occupying a double frontage lot shall take access on a dedicated public street.

(7)

When a manufactured home park adjoins an area zoned or used as residential, a permanent visual barrier shall be provided along the common property line or right-of-way line. The developer or owner shall file a plan for the barrier as a component of the plan and plat submitted for planning commission review. This provision shall not apply to that portion of manufactured home parks adjacent to or facing across street right-of-way.

(c)

Use regulations.

(1)

Permitted uses. Permitted uses are single-family manufactured homes with self-contained sanitary facilities capable of being connected to a public or community sanitary sewage collection system. In addition, mobile homes that were in existence in an R-7 zoned district on April 20, 2010, are a permitted use.

(2)

Permitted accessory uses.

a.

Accessory buildings, including private garages, storage facilities, children's playhouses and greenhouses.

b.

Laundromat, vending machine center, recreation facilities and related accessory uses incidental to the primary manufactured home use, provided that such structures be exclusively for the use of the residents of the manufactured home subdivision.

(3)

Temporary uses. Temporary uses allowable in the R-7 manufactured home park district shall be the same as those in the R-1 single-family district.

(4)

Conditional uses.

a.

Single-family residential buildings.

(d)

Height regulations. No manufactured home or mobile home or building hereafter located, erected or structurally altered shall exceed a height of fifteen (15) feet.

(e)

Area regulations.

(1)

Site area. The minimum site area shall be five (5) acres.

(2)

Exterior setback. The minimum setback from any property line shall be twenty-five (25) feet.

(3)

Interior setback. The minimum setback from any interior drive shall be twenty (20) feet.

(4)

Average tract width. The average width of a manufactured home park tract shall be not less than fifty (50) feet.

(5)

Separation. The minimum separation between homes, whether manufactured homes or mobile homes, shall be twenty (20) feet.

(6)

Density. The maximum allowable density in any manufactured home park shall be eight (8) homes per gross acre.

(7)

Awnings and carports.

a.

May occupy only forty (40) percent of the required minimum spacing between homes, whether manufactured homes or mobile homes.

b.

Must be open from the ground to the roof structure; and

c.

Must be constructed of noncombustible materials.

(8)

Siting criteria. The siting of a manufactured home or mobile home shall comply with the following siting criteria:

a.

Removal of all transport elements;

b.

Permanent foundation;

c.

Underpinning with permanent materials;

d.

Tie-downs and anchors as recommended by the manufacturer of the manufactured home or mobile home.

(Code 1961, Ch. 43, § 7-101.9; Ord. No. 15,832, § 1a, 4-3-90; Ord. No. 16,116, § 1(m), 11-19-91; Ord. No. 16,861, § 1(aa), 3-21-95; Ord. No. 19,910, § 1(g), 1-15-08; Ord. No. 20,255, § 5, 4-20-16; Ord. No. 21,867, § 1, 5-19-20)

(a)

Purpose and intent. The R-7A manufactured home district recognizes a need for manufactured home placement within the city. This section applies to such district. This district provides for ownership of structure and lot for those homes approved by the Department of Housing and Urban Development under title VI of Public Law 93-383, 42 U.S.C. § 5401 et seq. All manufactured homes must have the data plate attached to the unit specifying it is designed to comply with federal manufactured home construction and safety standards at the time of manufacture. This district expressly provides for placement of a single manufactured home on a lot or tract zoned for such usage.

(b)

Use regulations.

(1)

One (1) manufactured home or one (1) on-site constructed dwelling per lot or parcel is allowed.

(2)

Accessory home occupation, special use, temporary and conditional uses allowed within the R-7A manufactured home district shall be the same as those in the R-1 district except that day care centers and accessory dwellings may be conditional uses.

(c)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet.

(d)

Bulk and area regulations.

(1)

Site area/minimum lot size:

a.

The minimum site area for the development of a subdivision for R-7A manufactured home development shall be five (5) acres.

b.

The minimum lot area for home placement shall be five thousand (5,000) square feet whether located on one (1) lot or within a subdivision designed for manufactured home lots. The minimum width in either instance shall be fifty (50) feet at the front setback line.

(2)

Siting criteria. The siting of a manufactured home on a separate lot outside of a manufactured home subdivision shall include the following design considerations:

a.

A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater.

b.

Removal of all transport features.

c.

Permanent foundation.

d.

Exterior wall finished in a manner compatible with the neighborhood.

e.

Underpinning with permanent materials.

f.

Orientation compatible with placement of adjacent structures.

g.

Off-street parking per single-family dwelling standards.

(3)

Front yard setback. There shall be a front yard setback having a depth of not less than twenty-five (25) feet.

(4)

Side yard setback. There shall be a side yard setback on each side of the building having a width of not less than ten (10) percent of the average width of the lot not to exceed five (5) feet.

(5)

Rear yard. There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. In the case of a corner lot, however, when providing a twenty-five-foot exterior yard, the rear yard may be reduced to not less than eight (8) feet.

(6)

Other area regulations. Developers are required to submit a site plan for review at the time of their rezoning request.

(7)

Accessory structures and additions. Accessory structures or principal building additions of conventional construction on-site are permitted by right.

(Code 1961, Ch. 43, § 7-101.9.1; Ord. No. 15,438, § 1, 2-16-88; Ord. No. 20,255, §§ 6, 7, 4-20-10; Ord. No. 21,867, § 1, 5-19-20)

The financial, professional and managerial dominance of the city in this state as a capital city and business center has made office use a distinct, separate and significant form of land use. In order to provide zoning classifications designed to protect existing office use, and to ensure and encourage a high standard of new development, the office districts are included as separate zoning classifications.

(Code 1961, Ch. 43, § 7-102(a))

The "O" office district is hereby subdivided into three (3) subordinate districts which are known as:

(1)

O-1 quiet office district.

(2)

O-2 office and institutional district.

(3)

O-3 general office district.

(Code 1961, Ch. 43, § 7-102(b))

Unless otherwise specifically provided, the following restrictions shall apply to the O-1, O-2 and O-3 districts:

(1)

Any lighting shall be placed so as to reflect light away from adjacent residential districts. No excessive or unusual noise, odor or vibration shall be emitted so that it constitutes a nuisance which substantially exceeds the general level of noise, odor or vibration emitted by uses adjacent to or immediately surrounding the site. Such comparisons shall be made at the boundary of the site.

(2)

All trash receptacles and pickup shall be oriented away from the street side of the property and adequately screened from residential property.

(3)

Landscaping of all vehicular use areas shall be in compliance with chapter 15, article IV.

(4)

Accessory permanent structures that meet all setback requirements are allowed for the purpose of storage.

(Code 1961, Ch. 43, § 7-102(c); Ord. No. 15,832, § 1a, 4-3-90; Ord. No. 16,116, § 1(tt), 11-19-91; Ord. No. 19,910, § 1(h), 1-15-08)

(a)

Purpose and intent. The O-1 quiet office district is established in order to provide for orderly conversion of older structures no longer useful, serviceable or desirable in their present uses to office use. This section applies to such district. The area standards provided in the O-1 quiet office district anticipate that office uses will be located in established areas of the city and in close proximity to apartments and other residential uses. Height area and off-street parking regulations are designed to assure that office uses will be compatible with adjacent residential districts. New construction designed to reinforce existing desirable characteristics of the neighborhood and not detrimental to the continued use of surrounding properties for residential purposes shall also be accommodated in this district.

(b)

Use regulations.

(1)

Permitted uses. Permitted uses are as follows:

a.

Bank or saving and loan office.

b.

Church.

c.

Clinic (medical, dental or optical).

d.

Day nursery or day care center.

e.

Day care center, adult.

f.

Establishment of a religious, charitable or philanthropic organization.

g.

Reserved.

h.

Fire station.

i.

Reserved.

j.

Library, art gallery, museum or similar public use.

k.

Office (general and professional).

l.

Orphanage.

m.

Private school, kindergarten or institution for special education.

n.

Reserved.

o.

School (public or denominational).

p.

Studio (art, music, speech, drama, dance or other artistic endeavors).

q.

Travel bureau.

r.

Single-family residences.

s.

Two-family residences.

t.

Mobile canteen units when operated in compliance with current planning department regulations for such vehicles.

(2)

Conditional uses. Conditional uses are as follows:

a.

Animal clinic (enclosed).

b.

Barber and beauty shops.

c.

Cemetery or mausoleum.

d.

College dormitory.

e.

College, university or seminary.

f.

Community, welfare or health center.

g.

Convent or monastery.

h.

Establishment for care of alcoholic, narcotic or psychiatric patients.

i.

Lodge or fraternal organization.

j.

Mortuary or funeral home (with retail sales).

k.

Multifamily dwellings (per R-5 district).

l.

Nursing home or convalescent home.

m.

Photography studio.

n.

School (business).

o.

Studio (broadcasting or recording).

p.

[Reserved].

q.

Antique shop.

(c)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet.

(d)

Area regulations.

(1)

Front yard. There shall be a front yard having a depth of not less than twenty-five (25) feet to the front line of the building. Where the two (2) adjacent buildings are farther than twenty-five (25) feet from the property line, the established setback line will prevail on subject property.

(2)

Side yard. There shall be a side yard on each side of the building having a width of not less than ten (10) percent of the average width of the lot, not to exceed eight (8) feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet. In the case of a corner lot providing a twenty-five-foot exterior side yard, however, the rear yard may be reduced to not less than eight (8) feet.

(4)

Lot area regulations. There shall be a lot area of not less than seven thousand (7,000) square feet. In addition, there shall be a lot width of not less than sixty (60) feet and a minimum lot depth of not less than one hundred (100) feet.

(5)

Lot coverage. Maximum lot coverage for all principal and accessory buildings shall be thirty-five (35) percent of the total area of the lot.

(Code 1961, Ch. 43, § 7-102.1; Ord. No. 15,553, § 1c, d, j. 9-20-88; Ord. No. 16,116, § 1(kk), 11-19-91; Ord. No. 16,341, § 1(h), (o), 1-19-93; Ord. No. 16,861, § 1(ll), 3-21-95; Ord. No. 18,324, § 1(i), (pp), 8-1-00; Ord. No. 20,568, § 4, 4-3-12; Ord. No. 20,894, § 6, 6-17-14)

(a)

Purpose and intent. The O-2 office and institutional district is established for a twofold purpose: To provide appropriate locations for well-designed office facilities on large tracts, generally not available in the built-up areas of the city, and to provide for unified orderly development of major cultural, educational, medical, governmental and religious facilities. This section applies to such district. In order to support and enhance their benefit to the community, height and area, standards are designed to assure the harmonious integration of such development with surrounding neighborhoods. The O-2 district may be applied to either existing developed areas to facilitate expansion of existing office and institutional uses or to undeveloped locations where such uses are also appropriate. Low intensity of land usage and a park-like setting are primary characteristics of this district. Where office buildings higher than forty-five (45) feet are anticipated, greater setbacks are required in order to provide light and air to adjacent properties. Limited retail and service uses are permitted as accessories to the principal use.

(b)

Development criteria. Unless otherwise specifically provided in this section, the following development criteria shall apply to this district:

(1)

All properties within this district shall be contiguous and shall be totally developed under a unified site plan. Criteria for submittal of the accompanying site plan shall follow the guidelines set forth in this chapter.

(2)

Customary accessory uses shall be permitted only when they are clearly incidental to the primary use. No accessory use or uses may utilize in excess of ten (10) percent of the gross floor area of the principal structure or structures except that appropriate city official may authorize an additional ten (10) percent in conjunction with the review of the site plan.

(3)

All buildings shown on the required site plan shall cover an aggregate area of not more than forty (40) percent of the area of such site.

(4)

All detached buildings shall be separated by a distance of not less than twenty (20) feet.

(5)

Design provision for ingress and egress, service drives, interior circulation, both on and off site shall be that required by section 31-210 of the subdivision regulations.

(c)

Use regulations:

(1)

Permitted uses. Permitted uses are as follows:

a.

Bank or savings and loan office.

b.

Church.

c.

Clinic (medical, dental or optical).

d.

College dormitory.

e.

College fraternity or sorority.

f.

College, university or seminary.

g.

Reserved.

h.

Convent or monastery.

i.

Daycamp.

j.

Day nursery or day care center.

k.

Day care center, adult.

l.

Duplication shop.

m.

Reserved.

n.

Establishment for a religious, charitable or philanthropic organization.

o.

Fire station.

p.

Governmental or private recreational uses, including but not limited to golf courses, tennis courts, swimming pools, playgrounds, day camps and passive recreational open space.

q.

Hospital.

r.

Laboratory.

s.

Library, art gallery, museum or similar public use.

t.

Lodge or fraternal organization.

u.

Mobile canteen units when operated in compliance with current planning department regulations for such vehicles.

v.

Mortuary or funeral home.

w.

Nursing home or convalescent home.

x.

Office (general or professional).

y.

Photography studio.

z.

Private school, kindergarten or institution for special education.

aa.

School (business).

bb.

School (public or denominational).

cc.

Studio (art, music, speech, drama, dance or other artistic endeavors).

dd.

Studio (broadcasting and recording).

ee.

Travel bureau.

(2)

Accessory uses. The following accessory uses are permitted only in conjunction with an allowable use or uses in the O-2 district and shall not exceed ten (10) percent of the total floor area on the site.

a.

Barber and beauty shop.

b.

Bar, lounge, or tavern.

c.

Beverage shop.

d.

Book and stationery store.

e.

Camera shop.

f.

Drugstore or pharmacy.

g.

Eating place without drive-in service.

h.

Florist shop.

i.

Health studio or spa.

j.

Medical marijuana cultivation facility.

k.

Medical marijuana dispensary.

l.

Optical shop.

(3)

Conditional uses. Conditional uses are as follows:

a.

Ambulance service post.

b.

Barber and beauty shops.

c.

Cemetery or mausoleum.

d.

Community welfare or health center.

e.

Eating place without drive-in service.

f.

Establishment for care of alcoholic, narcotic or psychiatric patients.

g.

Health studio or spa.

h.

High-rise multifamily, at a density not greater than thirty (30) units per gross acre.

i.

Hotel or motel.

j.

Job printing, lithographer, printing or blueprinting.

k.

Parking, commercial lot or garage.

l.

School (commercial, trade or craft).

m.

Taxi office.

(d)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of forty-five (45) feet at the required front, side or rear yard setback lines. Building heights proposed in excess of forty-five (45) feet may be authorized by the planning commission in conjunction with the site plan review. However, the following formula shall rule: At the height permitted at said yard setback lines, one (1) foot may be added to the height of the building for each foot that the building or portion thereof is set back from the required yard lines. In no instance shall the maximum height of the building exceed one hundred twenty (120) feet.

(e)

Area regulations.

(1)

Front, side and rear yard. The front, side and rear yard setbacks shall be not less than twenty-five (25) feet.

(2)

Site area. The minimum site area shall be two (2) acres. In addition, there shall be not less than two hundred (200) feet of frontage on at least one (1) abutting boundary street.

(Code 1961, Ch. 43, § 7-102.2; Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,553, § 1k,q, r, gg, 9-20-88; Ord. No. 15,571, § 1d, 11-1-88; Ord. No. 15,832, § 1a, 4-3-90; Ord. No. 16,116, § 1(kk), 11-19-91; Ord. No. 16,577, § 1, 1-18-94; Ord. No. 18,324, § 1(j), (cc), (pp), 8-1-00; Ord. No. 20,568, §§ 5, 6, 4-3-12; Ord. No. 20,894, § 7, 6-17-14; Ord. No. 21,469, § (b), 8-15-17; Ord. No. 21,867, § 1, 5-19-20)

(a)

Purpose and intent. The O-3 general office district is established to accommodate offices and associated administrative, executive and professional uses in new and existing structures together with specified institutional and accessory uses. This section applies to such district. The O-3 district is characterized by freestanding buildings and ancillary parking, and shall be limited to arterial street locations in developed areas of the city and other carefully selected areas where public utilities, community facilities and other public services are adequate to support general office development.

(b)

Use regulations.

(1)

Permitted uses. Permitted uses are as follows:

a.

Bank or savings and loan office.

b.

Church.

c.

Clinic (medical, dental or optical).

d.

College dormitory.

e.

College fraternity or sorority.

f.

Reserved.

g.

Convent or monastery.

h.

Day nursery or day care center.

i.

Day care center, adult.

j.

Duplication shop.

k.

Reserved.

l.

Establishment of a religious, charitable or philanthropic organization.

m.

Reserved.

n.

Fire station.

o.

Governmental or private recreational uses, including but not limited to golf courses, tennis courts, swimming pools, playgrounds, day camps and passive recreational open space.

p.

Reserved.

q.

Laboratory.

r.

Library, art gallery, museum or similar public use.

s.

Lodge or fraternal organization.

t.

Mobile canteen units when operated in compliance with current planning department regulations for such vehicles.

u.

Mortuary or funeral home.

v.

Nursing home or convalescent home.

w.

Office (general or professional).

x.

Photography studio.

y.

Private school, kindergarten or institution for special education.

z.

Reserved.

aa.

School (business).

bb.

School (public or denominational).

cc.

Studio (broadcasting and recording).

dd.

Studio (art, music, speech, drama, dance or other artistic endeavors).

ee.

Travel bureau.

(2)

Accessory uses. The following accessory uses are permitted only in conjunction with an allowable use or uses in the O-3 district and shall not exceed ten (10) percent of the total floor area on the site.

a.

Antique shop.

b.

Barber and beauty shop.

c.

Book and stationery store.

d.

Camera shop.

e.

Cigar, tobacco or candy store.

f.

Clothing store.

g.

Custom sewing or millinery.

h.

Drugstore or pharmacy.

i.

Eating place without drive-in service.

j.

Florist shop.

k.

Health studio or spa.

l.

Hobby shop.

m.

Jewelry store.

n.

Key shop.

o.

Laundry pickup station.

p.

Medical marijuana cultivation facility.

q.

Medical marijuana dispensary.

r.

Tailor shop.

(3)

Conditional uses. Conditional uses are as follows:

a.

Ambulance service post.

b.

Animal clinic (enclosed).

c.

Barber and beauty shops.

d.

Brewery.

e.

Cemetery or mausoleum.

f.

Community welfare or health center.

g.

Establishment for care of alcoholic, narcotic or psychiatric patients.

h.

Health studio or spa.

i.

Job printing, lithographer, printing or blueprinting.

j.

Microbrewery or microbrewery restaurant.

k.

Multifamily dwellings (as per R-5 district).

l.

Office, showroom/warehouse.

m.

Orphanage.

n.

Parking, commercial lot or garage.

o.

School (commercial, trade or craft).

p.

Taxi office.

(c)

Height regulations. No building hereafter erected or structurally altered shall exceed a height at the required front, side or rear yard setback lines of forty-five (45) feet; provided, however, that above the height permitted at said yard lines, one (1) foot may be added to the height of the building for each foot that the building or portion thereof is set back from the required yard lines. In no instance shall the maximum height of the building exceed sixty (60) feet.

(d)

Area regulations.

(1)

Front yard. There shall be a front yard having a depth of not less than twenty-five (25) feet.

(2)

Side yard. There shall be a side yard on each side of the building having a width of not less than ten (10) feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than fifteen (15) feet.

(4)

Lot area regulations. There shall be a lot area of not less than fourteen thousand (14,000) square feet. In addition, there shall be a lot width of not less than one hundred (100) feet.

(Code 1961, Ch. 43, § 7-102.3; Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,553, § 1l, hh, zz, 9-20-88; Ord. No. 16,116, § 1(kk), 11-19-91; Ord. No. 16,341, § 1(r), 1-19-93; Ord. No. 16,861, § 1(mm), 3-21-95; Ord. No. 18,324, § 1(k), (dd), (pp), (vv), 8-1-00; Ord. No. 20,568, §§ 7, 8, 4-3-12; Ord. No. 20,894, § 8, 6-17-14; Ord. No. 21,168, § 1(k), 2-2-16; Ord. No. 21,469, § (c), 8-15-17)

The commercial districts established by this chapter are designed to promote and protect the health, safety, morals and convenience, order, prosperity and other aspects of the general welfare. These goals include among others, the following more specific purposes:

(1)

To provide sufficient space, at appropriate locations and in proximity to established residential areas, for local retail and service trades catering specifically to the recurring shopping needs of the occupants of nearby residences.

(2)

To protect both retail and service developments and nearby residences against congestion, by regulating the intensity of retail and service developments consistent with their marketing functions, by restricting those types of establishments which generate heavy traffic, and by providing for off-street parking and loading facilities.

(3)

To provide sufficient and appropriate space, and in particular, sufficient area, to meet the city's anticipated future need for modern, planned commercial developments in central shopping districts, regional, community and neighborhood shopping centers.

(4)

To provide off-street parking space in conjunction with the development of commercial areas, and to encourage commercial establishments to concentrate in integrated planned developments to the mutual advantage of both consumers and merchants.

(5)

To provide appropriate locations for transitional uses separating commercial developments and residential areas, and thereby alleviating the frictions inherent between dissimilar activities.

(6)

To provide sufficient space at appropriate locations for all types of commercial and miscellaneous service activities.

(7)

To promote the most desirable use of land and direction of building development types, to promote the stability of commercial development, to strengthen the economic base of the metropolitan area, to protect the character of the districts and their peculiar suitability for particular uses and to conserve the value of land and buildings.

(Code 1961, Ch. 43, § 7-103(a))

The C commercial district is subdivided into four (4) subordinate districts which are known as:

C-1 neighborhood commercial district.

C-2 shopping center district.

C-3 general commercial district.

C-4 open display commercial district.

(Code 1961, Ch. 43, § 7-103(b))

Unless otherwise specifically provided in this section, the following restrictions shall apply to the districts listed in section 36-297:

(1)

Any lighting shall be so placed so as to reflect away from adjacent residential districts. No excessive or unusual noise, odor or vibration shall be emitted so that it constitutes a nuisance which substantially exceeds the general level of noise, odor or vibration emitted by uses adjacent to or immediately surrounding the site. Such comparison shall be made at the boundary of the site. For purposes of location of menu board speakers for drive-through windows of restaurants the following criteria apply:

a.

Each speaker shall be so mounted that it is baffled on all sides in a manner which will direct the sound produced to the vehicle served.

b.

Each speaker location shall be designed to provide for a solid wall at least six (6) feet in height and twenty (20) feet in length along the opposite lane line. This wall shall be constructed of masonry or wood with a textured finish to diminish sound deflection.

(2)

Dumpsters and trash containment areas shall not be located within the front yard setback area or street side or exterior side yard setback area. Dumpsters and trash containment areas shall be screened as required by section 36-523.

(3)

Landscaping of all vehicular use areas shall be in compliance with chapter 15, article IV.

(4)

Seasonal and temporary sales, outside, shall be permitted a maximum of four (4) occasions per year with a maximum of thirty (30) days per event. These events shall be permitted, prior to initiation, by the staff of the department of planning and development. These events may be permitted consecutively or as desired by the owner or occupant.

Outside display of merchandise is allowed in an area equal to one-half of the facade area of the front of the building.

(5)

Residential uses which are clearly incidental to the primary use are allowed. This use shall not occupy a floor area in excess of the gross floor area devoted to a business use in the principal structure on the property. This use shall in all instances be located in the principal structure with the use served.

(6)

Accessory permanent structures which meet all setback requirements are allowed for the storage of sale items. Retail sales may not take place in an accessory structure.

(7)

Sidewalk sales and daily display that is stored inside the principal business building during closed business periods, shall be allowed. However, these activities shall not obstruct pedestrian movement, fire lanes or areas designated for access by the physically impaired.

(8)

Eating places (inside, with drive-in service and without drive-in service) shall be permitted to have an area of outdoor dining subject to compliance with the following provisions:

a.

The area of outdoor dining shall not be located in the public right-of-way nor shall it obstruct pedestrian movement, fire lanes, access to any business or areas designated for access by the physically impaired.

b.

The number of seats in the area of outdoor dining shall not exceed fifty (50) percent of the number of seats within the eating place.

c.

On-site parking shall be provided for the area of outdoor dining based on the parking space per square foot requirement for restaurants established in section 36-502.

d.

Compliance with applicable state and county health regulations.

e.

The area of outdoor dining shall not be located between the building occupied by the eating place and adjacent residentially zoned or used properties.

f.

This subsection shall not be deemed to permit signage or structural alterations such as canopies or walls regulated elsewhere in this chapter.

(9)

All premises shall be kept clear of all rubbish, trash, brush, litter and abandoned vehicles.

(Code 1961, Ch. 43, § 7-103(c); Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,832, § 1a, 4-3-90; Ord. No. 16,116, § 1(tt), 11-19-91; Ord. No. 16,861, § 1(q), 3-21-95; Ord. No. 17,305, § 1(k), 11-7-96; Ord. No. 18,902, § 1(o), 7-15-03; Ord. No. 19,438, §§ 1(o), 1(p), 11-15-05; Ord. No. 21,867, § 1, 5-19-20)

(a)

Purpose and intent. The C-1 neighborhood commercial district is designed to accommodate limited retail developments within or adjacent to neighborhood areas for the purpose of supplying daily household needs of the residents for food, drugs and personal services. This section applies to such district. Commercial uses within this district should not depend on market areas larger than the neighborhood served. The district may also be used in conjunction with existing commercial developments as an extension of such established commercial district. The C-1 neighborhood commercial district shall generally be located at arterial or collector street intersections and within walking district of residential areas. Such developments shall be designed to accommodate between one (1) to fifteen (15) stores on a site not more than five (5) acres in size. This district also permits a limited admixture of residential uses to facilitate integration with existing development and to encourage development of multiuse projects under controlled conditions.

(b)

Development criteria. Unless otherwise specifically provided in this section, the following development criteria shall apply to this district:

(1)

Outdoor display prohibited in any yard.

(2)

There shall be a maximum gross leasable area of five thousand (5,000) square feet per establishment, except that one (1) establishment may have not more than ten thousand (10,000) square feet.

(3)

Off-premises outdoor advertising is prohibited.

(c)

Use regulations.

(1)

Permitted uses. Permitted uses are as follows:

a.

Antique shop, without repair.

b.

Bakery or confectionery shop.

c.

Bank or savings and loan office.

d.

Barber and beauty shop.

e.

Book and stationery store.

f.

Camera shop.

g.

[Reserved].

h.

Church.

i.

Cigar, tobacco and candy store.

j.

Clinic (medical, dental or optical).

k.

Clothing store.

l.

Reserved.

m.

Customer sewing and millinery.

n.

Day nursery or day care center.

o.

Day care center, adult.

p.

Drugstore or pharmacy.

q.

Duplication shop.

r.

Eating place inside.

s.

Establishment of a religious, charitable or philanthropic organization.

t.

Fire station.

u.

Florist shop.

v.

Food store.

w.

Furniture store.

x.

Reserved.

y.

Handicraft, ceramic, sculpture or similar art work.

z.

Hardware or sporting goods store.

aa.

Hobby shop.

bb.

Jewelry store.

cc.

Key shop.

dd.

Laundromat or pickup station.

ee.

Library, art gallery, museum or similar public use.

ff.

Lodge or fraternal organization.

gg.

Medical appliance fittings and sales.

hh.

Medical marijuana cultivation facility.

ii.

Medical marijuana dispensary.

jj.

Mobile canteen units when operated in compliance with current planning department regulations for such vehicles.

kk.

Multifamily dwellings (as per the R-5 district).

ll.

Office (general and professional).

mm.

Optical shop.

nn.

Paint and wallpaper store.

oo.

Pet shop.

pp.

Photography studio.

qq.

Private school, kindergarten or institution for special education.

rr.

School (public or denominational).

ss.

Secondhand store, used furniture or rummage shop.

tt.

Shoe repair.

uu.

Single-family residences.

vv.

Studio (art, music, speech, drama, dance or other artistic endeavors).

ww.

Studio (broadcasting or recording).

xx.

Tailor.

yy.

Tool and equipment rental (inside display only).

zz.

Travel bureau.

aaa.

Two-family residences.

(2)

Conditional uses. Conditional uses are as follows:

a.

Amusement, commercial (inside).

b.

Animal clinic (enclosed).

c.

Appliance repair.

d.

Brewery.

e.

Cabinet or woodwork shop.

f.

Catering, commercial.

g.

Cemetery or mausoleum.

h.

College dormitory.

i.

Community welfare or health center.

j.

Convenience food store with gas pumps.

k.

College fraternity or sorority.

l.

Convent or monastery.

m.

Establishment for the care of alcoholic, narcotic, or psychiatric patients.

n.

Food store under five thousand (5,000) square feet gross floor area, with sales of beer or wine.

o.

Furniture repair store.

p.

Health studio or spa.

q.

Microbrewery or microbrewery restaurant.

r.

Nursing home or convalescent home.

s.

Parking, commercial lot or garage.

t.

Retail uses not listed (enclosed).

u.

School (business).

v.

Service station.

w.

Theater (not drive-in).

x.

Upholstery shop, furniture.

(d)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet.

(e)

Area regulations.

(1)

Front yard. There shall be a front yard having a depth of not less than twenty-five (25) feet to the front line of the building.

(2)

Side yard. A side yard is not required, except where abutting residential districts; then there shall be a side yard on that side of the building having minimum width of ten (10) percent of the average width of the lot, not to exceed eight (8) feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet. In the case of a corner lot, however, when providing a twenty-five-foot exterior side yard, the rear yard may be reduced to not less than eight (8) feet.

(4)

Lot area regulations. There shall be a lot area of not less than seven thousand (7,000) square feet or more than ten (10) acres. In addition, there shall be a lot width of not less than sixty (60) feet and a lot depth of not less than one hundred (100) feet.

(5)

Lot coverage. Maximum lot coverage for all principal and accessory buildings shall be thirty-five (35) percent of the total area of the site.

(Code 1961, Ch. 43, § 7-103.1; Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,553, § 1e, 9-20-88; Ord. No. 15,703, § 1m, 7-5-89; Ord. No. 16,116, § 1(kk), 11-19-91; Ord. No. 16,341, § 1(q), 1-19-93; Ord. No. 16,861, § 1(nn), 3-21-95; Ord. No. 17,305, § 1(r), (w), 11-7-96; Ord. No. 18,324, § 1(d), (f), (l), (ll), (pp), 8-1-00; Ord. No. 20,568, §§ 9, 10, 4-3-12; Ord. No. 20,894, § 2, 6-17-14; Ord. No. 21,168, § 1(l), 2-2-16; Ord. No. 21,469, § (d), 8-15-17; Ord. No. 21,867, § 1, 5-19-20)

(a)

Purpose and intent. The C-2 shopping center district is established in order to provide for well-designed neighborhood community and regional scale shopping facilities in appropriate locations. Such developments are intended to serve the broad commercial needs of the community and shall be laid out and developed as a unit according to an approved plan. This section applies to such district. Inasmuch as the C-2 shopping center district will frequently be situated in close proximity to residential development, building setback, screening and other development criteria are included to achieve a compatible relationship between the retail development and adjacent residential areas. It is anticipated that the C-2 shopping center district will be utilized where retail areas are needed to serve developing residential communities.

(b)

Development criteria. Unless otherwise specifically provided in this section, the following development criteria shall apply to this district:

(1)

All properties within this district shall be contiguous and shall be totally developed under a unified site plan. Criteria for submittal of the accompanying site plan shall follow the guidelines set forth in this chapter.

(2)

All commercial uses shall be restricted to closed buildings, except parking lots, seasonal and temporary sales per subsection 36-298(4), and the normal pump island services of service stations operations.

(3)

All detached buildings shall be separated by a distance of not less than twenty (20) feet.

(4)

Design provisions for ingress and egress for a site, service drives and interior circulation shall be that required by section 31-210 of the subdivision regulations.

(5)

Freestanding ancillary structures subordinate to but compatible with the shopping center shall not occupy more than forty (40) percent of the frontage of any abutting boundary street.

(6)

Off-premises outdoor advertising is prohibited.

(c)

Use regulations.

(1)

Permitted uses. Permitted uses are as follows:

a.

Ambulance service post.

b.

Amusement, commercial (inside).

c.

Animal clinic (enclosed).

d.

Antique shop, with repair.

e.

Appliance repair.

f.

Auto glass or muffler shop.

g.

Auto parts and accessories.

h.

Bakery or confectionery shop.

i.

Bank or savings and loan.

j.

Barber and beauty shop.

k.

Bar, lounge or tavern.

l.

Beverage store.

m.

Book and stationery store.

n.

Butcher shop.

o.

Camera shop.

p.

Catering, commercial.

q.

Church.

r.

Cigar, tobacco and candy store.

s.

Clinic (medical, dental or optical).

t.

Clothing.

u.

Reserved.

v.

Custom sewing and millinery.

w.

Day nursery or day care center.

x.

Day care center, adult.

y.

Drugstore or pharmacy.

z.

Duplication shop.

aa.

Eating place with drive-in service.

bb.

Eating place without drive-in service.

cc.

Establishment of a religious, charitable or philanthropic organization.

dd.

Reserved.

ee.

Fire station.

ff.

Florist shop.

gg.

Food store.

hh.

Furniture repair store.

ii.

Furniture store.

jj.

Handicraft, ceramic, sculpture or similar art work.

kk.

Hardware or sporting goods store.

ll.

Health studio or spa.

mm.

Hobby shop.

nn.

Home center.

oo.

Hotel or motel.

pp.

Jewelry store.

qq.

Job printing, lithographer, printing or blueprinting.

rr.

Key shop.

ss.

Laundromat or pickup station.

tt.

Lawn and garden center, enclosed.

uu.

Library, art gallery, museum or similar public use.

vv.

Lodge or fraternal organization.

ww.

Medical appliance fittings and sales.

xx.

Medical marijuana cultivation facility.

yy.

Medical marijuana dispensary.

zz.

Microbrewery or microbrewery restaurant.

aaa.

Mobile canteen units when operated in compliance with current planning and development department regulations for such vehicles.

bbb.

Office (general and professional).

ccc.

Office equipment sales and service.

ddd.

Optical shop.

eee.

Paint and wallpaper store.

fff.

Parking, commercial lot or garage.

ggg.

Pawnshop.

hhh.

Pet shop.

iii.

Photography studio.

jjj.

Plumbing, electrical, air conditioning or heating shop.

kkk.

Retail use not listed (enclosed).

lll.

School (business).

mmm.

Seasonal and temporary sales, outside.

nnn.

Secondhand store (used furniture or rummage shop).

ooo.

Service station.

ppp.

Shoe repair.

qqq.

Studio (art, music, speech, drama, dance or other artistic endeavors).

rrr.

Studio broadcasting and recording.

sss.

Swimming pool sales and supply.

ttt.

Tailor.

uuu.

Taxi office.

vvv.

Theater (not drive-in type).

www.

Tool and equipment rental (inside display only).

xxx.

Travel bureau.

(2)

Conditional uses. Conditional uses are as follows:

a.

Amusement, commercial (outside).

b.

Automobile or motorcycle display sales and service.

c.

Brewery.

d.

Cabinet or woodwork shop.

e.

Car wash.

f.

Community welfare or health center.

g.

Event center.

h.

Feed store.

i.

Food store under five thousand (5,000) square feet gross floor area, with sales of beer or wine.

j.

Glass or glazer. Installation, repair and sales.

k.

High-rise multifamily residences.

l.

Lawn and garden center, open display.

m.

Multifamily dwellings (as per R-5 district).

n.

Private club with dining or bar service.

o.

Private school or kindergarten or institution for special education.

p.

School, commercial trade or craft.

q.

Service station with limited motor vehicle repair.

(d)

Height regulations. No building hereafter erected or structurally altered shall exceed a height at the required front, side or rear yard setback lines of forty-five (45) feet.

(e)

Area regulations:

(1)

Yard setbacks. The required front, side and rear yard setbacks shall be a distance of not less than forty (40) feet from the property line to the respective face of any building.

(2)

Site area. The minimum site area for this district shall be five (5) acres, except in those instances where a subdivision site plan and plat proposing peripheral lots and multiple ownership is approved by the planning commission. The planning commission shall establish the size, orientation and access to multiple lot C-2 development with special emphasis on interior circulation, curb cuts and siting of physical improvements. In addition, there shall be not less than three hundred (300) feet of district frontage on at least one (1) abutting street, whether for single or multiple building/lot development.

(Code 1961, Ch. 43, § 7-103.2; Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,553, § 1ff, rr, 9-20-88; Ord. No. 15,571, § 1e, f, 11-1-88; Ord. No. 15,703, § 1a, b, n, 7-5-89; Ord. No. 15,832, § 1a, 4-3-90; Ord. No. 16,116, § 1(bb), (kk), 11-19-91; Ord. No. 16,577, § 1j, 1-18-94; Ord. No. 16,861, § 1(r), (u), (aa), 3-21-95; Ord. No. 17,305, § 1(s), (zz), 11-7-96; Ord. No. 18,324, § 1(m), (ee), (pp), 8-1-00; Ord. No. 19,438, § 1(h), 11-15-05; Ord. No. 19,713, §§ 1(a), 1(b), 3-6-07; Ord. No. 20,396, § 1(g), 2-1-11; Ord. No. 20,407, §§ 1(a), 1(b), 1(g), 2-5-11; Ord. No. 20,568, §§ 11, 12, 4-3-12; Ord. No. 20,894, § 3, 6-17-14; Ord. No. 21,168, §§ 1(m), 1(n), 2-2-16; Ord. No. 21,469, § (e), 8-15-17; Ord. No. 21,867, § 1, 5-19-20)

(a)

Purpose and intent. The C-3 general commercial district shall be applied to the broad range of retail uses which comprise the commercial function of the city including groupings of freestanding commercial structures. This section applies to such district. Permitted uses include most types of retail activity except those involving open displays of merchandise and those which generate large volumes of vehicular traffic or are otherwise incompatible with the purpose and intent of the C-3 general commercial district. Retail areas zoned C-3 general commercial shall be generally concentrated as to geographical configuration. It is anticipated, however, that in some situations, change to another commercial or office classification may be appropriate to permit the transition of strip retail areas to other productive forms of land use. It is the intent of these regulations that the C-3 district be concentrated at the intersection of arterial streets. Extension of this district along major arterial streets in linear fashion shall be discouraged. Outdoor display of merchandise is allowed under carefully controlled conditions.

(b)

Development criteria. All commercial uses shall be restricted to closed buildings, except parking lots, seasonal and temporary sales per section 36-298.4, and the normal pump island services of service station operations. In addition, outdoor display of merchandise is allowed in an area equal to one-half of the facade area of the front of the building. Certain seasonal or special event sales may be allowed when the owner has requested a permit for such activity in conjunction with the privilege license application. The permitting authority shall review the owner's plan or placement of merchandise in order to assure that obstruction of drives, walks, required parking and fire lanes does not occur. In no case shall full-time static open display be permitted.

(c)

Use regulations.

(1)

Permitted uses. Permitted uses are as follows:

a.

Amusement, (commercial, inside).

b.

Animal clinic (enclosed).

c.

Antique shop, with repair.

d.

Appliance repair.

e.

Auto parts and accessories.

f.

Bakery or confectionery shop.

g.

Bank or savings and loan office.

h.

Bar, lounge or tavern.

i.

Barber and beauty shop.

j.

Beverage shop.

k.

Book and stationery store.

l.

Butcher shop.

m.

Cabinet and woodwork shop.

n.

Camera shop.

o.

Catering, commercial.

p.

Church.

q.

Cigar, tobacco and candy store.

r.

Clinic (medical, dental or optical).

s.

Clothing store.

t.

College dormitory.

u.

College fraternity or sorority.

v.

College, university or seminary.

w.

Reserved.

x.

Convenience food store with gas pumps.

y.

Convent or monastery.

z.

[Reserved].

aa.

Custom sewing and millinery.

bb.

Day nursery or day care center.

cc.

Day care center, adult.

dd.

Drugstore or pharmacy.

ee.

Duplication shop.

ff.

Eating place without drive-in service.

gg.

Reserved.

hh.

Establishment of a religious, charitable or philanthropic organization.

ii.

Feed store.

jj.

Fire station.

kk.

Florist shop.

ll.

Food store.

mm.

Furniture store.

nn.

Group care facility.

oo.

Handicraft, ceramic sculpture or similar artwork.

pp.

Hardware or sporting goods store.

qq.

Health studio or spa.

rr.

Hobby shop.

ss.

Hospital.

tt.

Hotel or motel.

uu.

Jewelry store.

vv.

Job printing, lithographer, printing or blueprinting.

ww.

Key shop.

xx.

Laboratory.

yy.

Laundromat or pickup station.

zz.

Laundry, domestic cleaning.

aaa.

Lawn and garden center, enclosed.

bbb.

Library, art gallery, museum or similar public use.

ccc.

Lodge or fraternal organization.

ddd.

Medical appliance fittings and sales.

eee.

Medical marijuana cultivation facility.

fff.

Medical marijuana dispensary.

ggg.

Microbrewery or microbrewery restaurant.

hhh.

Mobile canteen units when operated in compliance with current planning department regulations for such vehicles.

iii.

Mortuary or funeral home.

jjj.

Multifamily dwellings (as per the R-5 district 1).

kkk.

Office (general and professional).

lll.

Office, showroom with warehouse (with retail sales, enclosed).

mmm.

Office equipment sales and service.

nnn.

Optical shop.

ooo.

Paint and wallpaper store.

ppp.

Parking, commercial lot or garage.

qqq.

Pawnshop.

rrr.

Pet shop.

sss.

Photography studio.

ttt.

Private school, kindergarten or institution for special education.

uuu.

Recycling facility, automated.

vvv.

Retail uses not listed (enclosed).

www.

School (business).

xxx.

School (commercial, trade or craft).

yyy.

School (public or denominational).

zzz.

Seasonal and temporary sales, outside.

aaaa.

Secondhand store (used furniture or rummage shop).

bbbb.

Service station.

cccc.

Shoe repair.

dddd.

Studio (art, music, speech, drama, dance or other artistic endeavors).

eeee.

Studio broadcasting and recording.

ffff.

Tailor.

gggg.

Taxidermist.

hhhh.

Taxi office.

iiii.

Theater (not drive-in type).

jjjj.

Tool and equipment rental (inside display only).

kkkk.

Travel bureau.

(2)

Conditional uses. Conditional uses are as follows:

a.

Ambulance service post.

b.

Amusement, commercial (outside).

c.

Auto glass or muffler shop.

d.

Auto parts, sales with limited motor vehicle parts installation.

e.

Auto rental or leasing (no service, sales or repair).

f.

Auto repair garage.

g.

Brewery.

h.

Building material sales (open).

i.

Car wash.

j.

Community welfare or health center.

k.

Crematorium.

l.

Eating place with drive-in service.

m.

Establishment for the care of alcoholic, narcotic or psychiatric patients.

n.

Event center.

o.

Food store under five thousand (5,000) square feet gross floor area, with sales of beer or wine.

p.

Glass or glazer. Installation, repair and sales.

q.

Home center.

r.

Landscape service.

s.

Lawn and garden center, open display.

t.

Lumberyard.

u.

Mini-warehouse.

v.

Nursing home or convalescent home.

w.

Office warehouse.

x.

Plant nursery.

y.

Private club with dining or bar service.

z.

Service station with limited motor vehicle repair.

aa.

Small engine repair.

bb.

Swimming pool sales and supply.

cc.

Tool and equipment rental (with outside display).

dd.

Truck or trailer rental or leasing (no service, sales or repair).

ee.

Upholstery shop, furniture.

ff.

Upholstery shop, auto.

(d)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet.

(e)

Area regulations.

(1)

Front yard. There shall be a front yard having a depth of not less than twenty-five (25) feet to the front line of the building. Where the two (2) adjacent buildings are closer than twenty-five (25) feet to the property line, said established setback line will prevail on subject property.

(2)

Side yard. No side yard shall be required except where abutting a residential district; then there shall be a side yard width of not less than fifteen (15) feet. On a corner lot, the side yard on the street side or exterior side shall be equal to the front yard setback.

(3)

Rear yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet. In the case of a corner lot, however, and when providing a twenty-five-foot exterior side yard the rear yard may be reduced to not less than fifteen (15) feet.

(4)

Lot area regulations. There shall be a minimum lot area of fourteen thousand (14,000) square feet. In addition, there shall be a lot width of not less than one hundred (100) feet.

(Code 1961, Ch. 43, § 7-103.3; Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,553, § 1q, u, jj, aaa, 9-20-88; Ord. No. 15,571, § 1g, h, 11-1-88; Ord. No. 15,703, § 1c—e, n, 7-5-89; Ord. No. 16,116, § 1(cc), (kk), (ll), 11-19-91; Ord. No. 16,341, § 1(r), (v), 1-19-93; Ord. No. 16,437, § 3, 6-9-93; Ord. No. 16,441, § 2, 7-6-93; Ord. No. 16,861, § 1(k), (s), (v), (aa), (ee), (oo), 3-21-95; Ord. No. 17,305, § 1(t), (x), (aaa), 11-7-96; Ord. No. 18,324, § 1(n), (ff), (pp), 8-1-00; Ord. No. 18,682, § 1(b), 5-21-02; Ord. No. 19,438, § 1(i), 11-15-05; Ord. No. 20,396, § 1(h), 2-1-11; Ord. No. 20,407, §§ 1(c), 1(d), 1(h), 2-15-11; Ord. No. 20,568, §§ 13, 14, 4-3-12; Ord. No. 20,894, § 4, 6-17-14; Ord. No. 21,168, §§ 1(o), 1(p), 2-2-16; Ord. No. 21,469, § (f), 8-15-17)

(a)

Purpose and intent. The C-4 open display district is established in order to provide adequate locations for retail uses which serve the needs of the motoring public and are characterized by a high level of vehicular ingress and egress. Among these uses are automobile and other vehicular service establishments, transient sleeping accommodations, and eating and drinking establishments. This section applies to such district. The C-4 district is also intended to provide a location for the limited amount of merchandise, equipment and material being offered for retail sale that, because of the type of material or transportation requirements, is suitable for display and storage outside the confines of an enclosed building. Such uses are not generally compatible with pedestrian-oriented commercial districts and shopping centers since they tend to obstruct and interfere with pedestrian movements. Appropriate locations for this district are along heavily traveled major traffic arterials.

(b)

Development criteria. Unless otherwise specifically provided in this section, the following development criteria shall apply to this district:

(1)

All yards unoccupied by buildings or merchandise or used as traffic ways shall be landscaped with grass and shrubs and maintained in an orderly condition.

(2)

All of the lot used for the parking of vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.

(3)

All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

(4)

No article or material stored or offered for sale in connection with the permitted or conditional uses listed herein shall be stored or displayed outside the confines of a building unless it is so screened by a permanent opaque screening fence or wall so that it cannot be seen from an adjoining lot. The following screening and display criteria shall apply to uses located in the C-4 open display district:

a.

Automobile, truck, tractor, mobile home, boat or motorcycle sales areas are not required to screen fully assembled merchandise which is ready for sale.

b.

No permanent open display will be permitted on sidewalks or public right-of-way.

c.

Automobile service stations shall be permitted open display of merchandise commonly sold by such operations as long as the area of said display is not taller than the building nor larger than an area equal to one-half of the facade area of the front of the building.

d.

Automobile service stations may be used for the storage of rental trucks or trailers, provided, however, the storage space shall be paved, shall not exceed four thousand (4,000) square feet in area and the above screening requirements are met.

(5)

There shall be no open display of any kind whatsoever in the first twenty (20) feet of the required front yard setback.

(c)

Use regulations.

(1)

Permitted uses. Permitted uses are as follows:

a.

Ambulance service headquarters post.

b.

Amusement, commercial (outside).

c.

Animal clinic (enclosed).

d.

Auto glass, muffler shop.

e.

Auto paint or body rebuilding shop.

f.

Auto parts and accessories.

g.

Automobile or motorcycle display, sales or service.

h.

Auto or truck rental or leasing.

i.

Auto repair garage.

j.

Banks and savings and loan.

k.

Building material sales (open).

l.

Bottled gas, sales and service.

m.

Car wash.

n.

Catering, commercial.

o.

Convenience food store with gas pumps.

p.

Eating place (drive-in).

q.

Eating place (without drive-in service).

r.

Feed store.

s.

Fire station.

t.

Furniture store.

u.

Glass or glazer. Installation, repair and sales.

v.

Home center.

w.

Hotel and motel.

x.

Landscape service.

y.

Laundromat or pickup station.

z.

Lawn and garden center, enclosed.

aa.

Lawn and garden center, open display.

bb.

Lumber yard.

cc.

Machinery sales and service.

dd.

Microbrewery or microbrewery restaurant.

ee.

Mini-warehouse.

ff.

Mobile canteen units when operated in compliance with current planning department regulations for such vehicles.

gg.

Mobile home sales and service.

hh.

Multifamily dwellings (as per the R-5 district).

ii.

Office (general and professional).

jj.

Office warehouse.

kk.

Parking, commercial lot or garage.

ll.

Plant nursery.

mm.

Plumbing, electrical, air conditioning and heating shops.

nn.

Recycling facility, automated.

oo.

Retail uses not listed (enclosed).

pp.

Seasonal and temporary sales, outside.

qq.

Secondhand store, used furniture or rummage shop.

rr.

Service station.

ss.

Service station with limited motor vehicle repair.

tt.

Small engine repair.

uu.

Studio (broadcasting or recording).

vv.

Swimming pool sale and supply.

ww.

Taxi office.

xx.

Taxi service facility.

yy.

Tool and equipment rental (with outside display).

zz.

Truck or tractor sales or repair.

aaa.

Truck or trailer rental or leasing (no service, sales or repair).

bbb.

Upholstery shop, furniture.

ccc.

Upholstery shop, auto.

(2)

Conditional uses. Conditional uses are as follows:

a.

Animal pound or kennel.

b.

Auction—General merchandise.

c.

Auto auction.

d.

Brewery.

e.

Bus station and terminal.

f.

Contractor or maintenance yard.

g.

Crematorium.

h.

Hauling and storage company.

i.

Medical marijuana cultivation facility.

j.

Medical marijuana dispensary.

k.

Other permitted and conditional uses in the C-3 district not otherwise permitted in the C-4 district.

l.

Racetrack.

m.

Retail uses not listed (with outside display).

n.

Stable, commercial.

o.

Theater (drive-in type).

p.

Warehouse and wholesaling.

(d)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet.

(e)

Area regulations.

(1)

Front yard. There shall be a front yard having a depth of not less than forty-five (45) feet.

(2)

Side yard. There shall be a side yard on each side of the building having a width of not less than fifteen (15) feet. On a corner lot, the side yard on the street side or exterior side shall be equal to the required front yard setback.

(3)

Rear yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet. In the case of a corner lot, however, and when providing an exterior side yard of forty-five (45) feet, the rear yard may be reduced to not less than fifteen (15) feet.

(4)

Lot area regulations. There shall be a minimum lot area of fourteen thousand (14,000) square feet. In addition, there shall be a lot width of not less than one hundred (100) feet.

(Code 1961, Ch. 43, § 7-103.4; Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,553, § 1h, v, 9-20-88; Ord. No. 15,703, § 1f, g, o, 7-5-89; Ord. No. 15,832, § 1a, 4-3-90; Ord. No. 16,116, § 1(d), (f), (dd), (gg), (ll), 11-19-91; Ord. No. 16,437, § 3, 6-9-93; Ord. No. 16,441, § 2, 7-6-93; Ord. No. 16,861, § 1(l), (t), (aa), (ff), 3-21-95; Ord. No. 17,305, § 1(y), 11-7-96; Ord. No. 18,324, § 1(gg), (pp), (qq), (tt), 8-1-00; Ord. No. 18,682, § 1(c), 5-21-02; Ord. No. 18,902, § 1(k), 7-15-03; Ord. No. 20,894, § 5, 6-17-14; Ord. No. 21,168, §§ 1(q), 1(r), 2-2-16; Ord. No. 21,469, § (g), 8-15-17)

The industrial zoning districts are intended to provide for the development of light to heavy industrial uses and their related facilities. Appropriate standards for the various districts are designed to assure compatibility with other similar uses. In the city, such factors as location, availability of transportation, utilities and other factors have combined to create a well-established industrial base. In order to maintain quality industrial development and to protect the health, safety and welfare of the general public the specific purposes of industrial districts are:

(1)

To provide sufficient space, at appropriate locations, to meet the needs of the city's projected requirements for all types of distributive, industrial and related activities, with due allowance for the need for choice of suitable sites.

(2)

To protect distributive, industrial and related activities, as well as residential and related activities by providing for the separation of these uses; to ensure that appropriate space needs for distributive and industrial activities are available for prohibiting the use of such space for residential purposes.

(3)

To restrict those industrial activities which involve danger of fire, explosion, toxic or noxious matter, radiation, smoke, dust or other particulate matter, and other hazards, or to create offensive noise, vibration, heat, humidity, glare and other objectionable influences, to areas where this chapter restricts the emission of such nuisances, without regard to the industrial products or processes involved.

(4)

To protect industrial activities and related developments against congestion, as appropriate for each area, by limiting the bulk of buildings in relation to the land around them and to one another, and by requiring off-street parking and loading facilities to be provided with such developments.

(5)

To promote the most desirable use of land and direction of building development, to promote stability of industrial and related development, to strengthen the economic base of the city to protect the character of these districts and their peculiar suitability for particular uses, and to conserve the value of land and buildings.

(Code 1961, Ch. 43, § 7-104(a))

The I industrial district is hereby subdivided into three (3) subordinate districts which are known as:

(1)

I-1 industrial park district.

(2)

I-2 light industrial district.

(3)

I-3 heavy industrial district.

(Code 1961, Ch. 43, § 7-104(b))

Unless otherwise specifically provided in this section, the following restrictions shall apply to the industrial districts:

(1)

Any lighting visible from outside the site shall be designed to reflect away from adjacent residential districts. No noise, odor or vibration shall be emitted so that it constitutes a nuisance which substantially exceeds the general level of noise, odor or vibration emitted by uses adjacent to or immediately surrounding the site. Such comparisons shall be made at the boundaries of the site.

(2)

Outdoor storage of trash receptacles shall be at the sides or rear of the site and shall be totally encircled or screened by a fence, planting or other suitable visual barrier.

(3)

Landscaping of all vehicular use areas shall be in compliance with chapter 15, article IV.

(4)

All premises shall be kept clear of all rubbish, trash, brush, litter and abandoned vehicles.

(Code 1961, Ch. 43, § 7-104(c); Ord. No. 15,832, § 1a, 4-3-90; Ord. No. 19,910, § 1(i), 1-15-08)

(a)

Purpose and intent. The I-1 industrial park district is established to provide for modern, efficient, and well-designed industrial facilities within a "park-like" setting. As the city's most restrictive industrial district, the I-1 zone is designed to conform to high development standards while providing for a full array of industrial and related uses. This section applies to such district. The siting of buildings, parking, landscaping and the location of this district in relation to adjacent residential and commercial areas will be of particular importance in determining the appropriateness of allowing the I-1 district at a given location. Stringent enclosure, screening and locational requirements are applied to storage areas of materials and merchandise.

(b)

Development criteria. Unless otherwise specifically provided in this section, the following development criteria shall apply to this district:

(1)

All properties within this district shall be contiguous and shall be totally developed under a unified site plan. Criteria for submittal of the accompanying site plan shall follow the guidelines set forth in this chapter.

(2)

Every use, or any part thereof, that is not conducted within a building completely enclosed on all sides shall be enclosed within a wall or fence six (6) feet in height. Such wall or fence shall completely screen all operations conducted within such wall or fence from observation. No exterior storage area shall encroach into any of the required yards.

(3)

All buildings shown on the required site plan shall cover an aggregate area of not more than fifty (50) percent of such site.

(4)

No loading or storage of materials or products shall be permitted in the required front yard.

(5)

Notwithstanding the yard regulations for this district, no part of any building or accessory structure shall be located closer than one hundred (100) feet to any residential district boundary.

(6)

Design provisions for ingress and egress, service drives, interior circulation shall be that required by section 31-210 of the subdivision regulations.

(7)

Off-premises outdoor advertising is prohibited.

(c)

Use regulations.

(1)

Permitted uses.

a.

Ambulance services headquarters post.

b.

Appliance repair.

c.

Banks and savings and loans.

d.

Building material sales (open).

e.

Clothing manufacturing.

f.

Contractor or maintenance yard.

g.

Day nursery or day care center.

h.

Day care center, adult.

i.

Eating place with drive-in service.

j.

Eating place without drive-in service.

k.

Feed store.

l.

Financial institution (drive-in).

m.

Hauling and storage company.

n.

Home center.

o.

Hotel or motel.

p.

Job printing, lithographer, printing or blueprinting plant.

q.

Laboratory.

r.

Laboratory manufacturing.

s.

Landscape service.

t.

Laundry, industrial.

u.

Lawn and garden center, enclosed.

v.

Lawn and garden center, open display.

w.

Light fabrication and assembly process.

x.

Mini-warehouse.

y.

Mobile canteen units when operated in compliance with current planning department regulations for such vehicles.

z.

Motor freight terminal.

aa.

Office (general and professional).

bb.

Office equipment sales and service.

cc.

Office warehouse.

dd.

Parking, commercial lot or garage.

ee.

Photography studio.

ff.

Plant nursery.

gg.

Plumbing, electrical, heating or air conditioning shop.

hh.

School, business.

ii.

Secondhand store, used furniture or rummage shop.

jj.

Service station.

kk.

Studio (broadcasting or recording).

ll.

Warehouse and wholesaling.

(2)

Conditional uses. Conditional uses are as follows:

a.

Agricultural products processing.

b.

Airport or landing field.

c.

Bus station and terminal.

d.

Cabinet or woodwork shop.

e.

Furniture repair store.

f.

Industrial uses not listed (enclosed).

g.

Lumberyard.

h.

Machine or welding shop.

i.

Medical marijuana cultivation facility.

j.

Medical marijuana dispensary.

k.

Recycling facility (MRF)

l.

Retail uses not listed.

m.

School, commercial, trade or craft.

(3)

Accessory uses. Accessory uses are as follows:

a.

Sleeping quarters for drivers or crew.

b.

Vehicle maintenance or repair.

(d)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of seventy-five (75) feet.

(e)

Area regulations.

(1)

Front yard. There shall be a front yard having a depth of not less than seventy (70) feet.

(2)

Side yard. There shall be a side yard on each side lot line of any building having a width of not less than thirty (30) feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than forty (40) feet from the lot line to the building. In the case of double frontage lots the rear yard setback shall be increased to fifty (50) feet.

(4)

Lot area regulations. There shall be a minimum lot area of not less than one (1) acre.

In addition, there shall be a minimum tract width of one hundred fifty (150) feet and a tract depth of not less than two hundred (200) feet.

(Code 1961, Ch. 43, § 7.104.1; Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,703, § 1i, 7-5-89; Ord. No. 15,832, § 1a, 4-3-90; Ord. No. 16,116, § 1(hh), (mm), 11-19-91; Ord. No. 16,577, § 1k, 1-18-94; Ord. No. 16,861, § 1(m), 3-21-95; Ord. No. 17,305, § 1(f), 11-7-96; Ord. No. 18,324, § 1(o), 8-1-00; Ord. No. 19,438, §§ 1(j), 1(k), 11-15-05; Ord. No. 20,894, § 9, 6-17-14; Ord. No. 21,469, § (h), 8-15-17; Ord. No. 21,867, § 1, 5-19-20)

(a)

Purpose and intent. The I-2 light industrial district is designed to accommodate a wide range of industrial and related uses which conform to high development standards, Industrial establishments of this type may either be located in extensive areas devoted solely to these uses or may provide a buffer between commercial districts and other industrial uses which involve more objectionable influences. This section applies to such district. A primary objective of this district is the reservation of sufficient land at appropriate locations to accommodate both present and proposed needs of the city for industrial development. Residential development is excluded from this district, both to protect residents from an undesirable environment and to facilitate maximum efficiency of industrial activity. Community facilities and convenience trade establishments which provide needed services to the industrial uses are allowed in this district.

(b)

Development criteria.

(1)

Uses shall be provided entirely within enclosed buildings. Outdoor storage of equipment, materials or merchandise, however, is allowed provided they are screened by a six-foot opaque barrier, except when such merchandise consists of airplanes, automobiles, boats, mobile homes, travel trailers or motorhomes, motorcycles, buses or trucks or wheeled or tracked industrial vehicles. In those instances where the provisions of this section conflict with the landscape ordinance or the buffer regulations of the zoning ordinance, the landscape ordinance shall apply.

(2)

The side and rear yard setbacks will be adjusted to accommodate those tracts of land provided with rail service.

(c)

Use regulations.

(1)

Permitted uses. Permitted uses are as follows:

a.

Ambulance service headquarters post.

b.

Airport or landing field.

c.

Animal pound or kennel.

d.

Appliance repair.

e.

Auction—General merchandise.

f.

Auto auction.

g.

Auto glass muffler shop.

h.

Automobile, motorcycle display, sales and service.

i.

Auto or truck rental and leasing.

j.

Auto parts and accessories.

k.

Auto paint or body rebuilding shop.

l.

Auto repair garage.

m.

Banks and savings and loans.

n.

Bottled gas, bulk storage of nonflammable or nonhazardous.

o.

Bottled gas, sales and service.

p.

Brewery.

q.

Building material sales (open).

r.

Bus or truck storage or garage.

s.

Cabinet or woodworking shop.

t.

Car wash.

u.

Clothing manufacturing.

v.

Contractor or maintenance yard.

w.

Day nursery or day care center.

x.

Day care center, adult.

y.

Drug store or pharmacy.

z.

Eating place with drive-in service.

aa.

Eating place without drive-in service.

bb.

Feed store.

cc.

Fire station.

dd.

Furniture repair store.

ee.

Hauling and storage company.

ff.

Home center.

gg.

Job printing, lithographer, printing or blueprinting plant.

hh.

Laboratory.

ii.

Laboratory manufacturing.

jj.

Landscape service.

kk.

Laundry, industrial.

ll.

Lawn and garden center, enclosed.

mm.

Lawn and garden center, open display.

nn.

Light fabrication and assembly process.

oo.

Lumberyard.

pp.

Machine or welding shop.

qq.

Machinery sales and service.

rr.

Medical marijuana cultivation facility.

ss.

Medical marijuana dispensary.

tt.

Microbrewery or microbrewery restaurant.

uu.

Mini-warehouse.

vv.

Mobile canteen units when operated in compliance with current planning department regulations for such vehicles.

ww.

Mobile home sales.

xx.

Motor freight terminal.

yy.

Office equipment sales and service.

zz.

Office (general and professional).

aaa.

Office warehouse.

bbb.

Parking (commercial lot or garage).

ccc.

Photography studio.

ddd.

Plant nursery.

eee.

Plumbing, electrical, heating or air conditioning shop.

fff.

Railroad passenger station.

ggg.

Recycling facility, automated.

hhh.

Recycling facility (MFR)

iii.

School, business.

jjj.

School, commercial, trade or craft.

kkk.

Secondhand store, used furniture or rummage shop.

lll.

Service station

mmm.

Small engine repair.

nnn.

Studio (broadcasting or recording).

ooo.

Swimming pool sales and supply.

ppp.

Taxidermist.

qqq.

Taxi office.

rrr.

Taxi service facility.

sss.

Tool and equipment rental (inside).

ttt.

Tool and equipment rental (outside).

uuu.

Truck or tractor sales or repair.

vvv.

Warehousing and wholesaling.

www.

Wood products manufacturing.

(2)

Conditional uses. Conditional uses are as follows:

a.

Agricultural products processing.

b.

Bus station and terminal

c.

Crematorium.

d.

Hotel or motel.

e.

Industrial uses not listed (enclosed).

f.

Racetrack.

g.

Recycling facility (MRF) outside.

h.

Retail uses not listed.

i.

Slaughterhouse, closed facility.

j.

Theater (drive-in).

k.

Upholstery shop, furniture.

l.

Upholstery shop, auto.

m.

Hazardous or medical waste disposal facility.

n.

Tire retreading and recapping.

(3)

Accessory uses. Accessory uses are as follows:

a.

Sleeping quarters for drivers or crew.

b.

Vehicle maintenance or repair.

(d)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of seventy-five (75) feet.

(e)

Area regulations.

(1)

Front yard. There shall be a front yard having a depth of not less than fifty (50) feet.

(2)

Side yard. There shall be a side yard on each side of the building having a width of not less than fifteen (15) feet.

(3)

Rear yard. There shall be a rear yard having a depth not less than twenty-five (25) feet.

(4)

Lot area regulations. There shall be a lot area of not less than fourteen thousand (14,000) square feet. In addition, there shall be a lot width of not less than one hundred (100) feet.

(Code 1961, Ch. 43, § 7.104.2; Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,553, §§ 1i, w, oo, 9-20-88; Ord. No. 15,703, § 1h, 7-5-89; Ord. No. 16,116, §§ 1(e), (ii), (nn), 11-19-91; Ord. No. 16,157, § 1, 1-21-92; Ord. No. 16,437, § 3, 6-9-93; Ord. No. 16,441, § 2, 7-6-93; Ord. No. 16,861, §§ 1(e), (n), (aa), (gg), 3-21-95; Ord. No. 17,305, §§ 1(g), (h), (z), (ff), (bbb), 11-7-96; Ord. No. 18,324, §§ 1(p), (hh), (pp), (tt), (uu), 8-1-00; Ord. No. 19,438, §§ 1(l), 1(m), 11-15-05; Ord. No. 20,894, § 10, 6-17-14; Ord. No. 21,168, § 1(s), 2-2-16; Ord. No. 21,469, § (i), 8-15-17; Ord. No. 21,867, § 1, 5-19-20)

(a)

Purpose and intent. The I-3 heavy industrial district is designed to accommodate industrial uses which involve potentially objectionable uses and hazards, and which, therefor, cannot be reasonably expected to conform to a high level of performance standards, but which are essential to the economic viability of the city. This section applies to such district. It is the expressed purpose of this district on other uses by locating them in areas where the negative influences have least impact. The side and rear yard setbacks will be adjusted to accommodate those tracts of land provided with rail service.

(b)

Development criteria. Unless otherwise specifically provided for in this section, the following development criteria shall apply to this district:

(1)

Every use that is devoted to the collection storage, salvage, or scrapping of automobiles, trucks, buses, or other self-propelled vehicles shall provide on all sides of such operations an eight-foot opaque wall or fence. The fence or wall shall be constructed of wood or metal so as to preclude the passage of light or air.

(2)

In addition to the screening requirements of (b)(1) of this section, all uses that stack or pile the chassis or bodies of vehicles shall be limited to a maximum stacking height of fifteen (15) feet at any point on the property. This measurement shall be from the uppermost point of the stack to ground elevation on any side.

(c)

Use regulations.

(1)

Permitted uses. The permitted uses in the I-3 heavy industrial district include (except for hotel or motel) those permitted uses found in the I-1 industrial park district or the I-2 light industrial district together with the following:

a.

Agricultural products processing.

b.

Bulk storage of highly flammable and/or hazardous materials. This use shall be permitted to be located by right on tracts of land larger than five (5) acres in area separated from residential zoned or used property by at least one thousand (1,000) feet, property line to property line, and providing a minimum of two hundred (200) feet of setback for storage facilities from all property lines.

c.

Foundry and metalwork.

d.

Grain elevator or feed mill.

e.

Junk or salvage yard.

f.

Railroad freight terminal.

g.

Sand, gravel or earth sales and storage.

h.

Recycling and reclamation.

i.

Recycling facility (MRF) outside.

j.

Sanitary landfill.

k.

Sawmill.

l.

Stable, commercial.

m.

Tire retreading or recapping.

n.

Mobile canteen units when operated in compliance with current planning department regulations for such vehicles.

(2)

Conditional uses. Conditional uses are as follows:

a.

Bulk storage of highly flammable and/or hazardous materials that does not conform to the standards set forth within subsection (c)(1) of this section.

b.

Day nursery or day care center.

c.

Day care center, adult.

d.

Hotel or motel.

e.

Racetrack.

f.

Rendering plant.

g.

Slaughterhouse, open facility.

h.

Stone, sand or gravel extraction.

i.

Tannery.

j.

Water or sewage treatment plant.

k.

Other industrial uses not expressly provided for in the I-1 or I-2 districts unless otherwise prohibited by other city ordinance.

l.

Hazardous or medical waste disposal facility.

m.

Other conditional uses listed in the I-2 district.

(3)

Accessory uses. Accessory uses are as follows:

a.

Sleeping quarters for drivers or crew.

b.

Vehicle maintenance or repair.

(d)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of seventy-five (75) feet.

(e)

Area regulations.

(1)

Front yard. There shall be a front yard having a depth of not less than fifty (50) feet to the front line of the building.

(2)

Side yard. There shall be a side yard on each side of the building having a width of not less than thirty (30) feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet from the lot line to the building.

(4)

Lot area regulations. there shall be a lot area of not less than one (1) acre. In addition, there shall be a lot width of not less than one hundred fifty (150) feet and a lot depth of not less than two hundred fifty (250) feet.

(Code 1961, Ch. 43, § 7.104.3; Ord. No. 15,247, § 1, 2-17-87; Ord. No. 15,553, § 1p, 9-20-88; Ord. No. 15,832, § 1a, 4-3-90; Ord. No. 15,835, § 1a, c, 4-3-90; Ord. No. 16,116, § 1(oo), 11-19-91; Ord. No. 16,157, § 2, 1-21-92; Ord. No. 16,861, § 1(aa), 3-21-95; Ord. No. 17,305, § 1(i), (j), (ee), 11-7-96; Ord. No. 18,324, § 1(q), 8-1-00; Ord. No. 20,894, § 11, 6-17-14; Ord. No. 21,867, § 1, 5-19-20)

(a)

Purpose and intent. The PR, park and recreation district, is intended to provide areas where active and passive recreation activities and other uses as determined by the city may be conducted and for conservation of natural and cultural areas and resources, allowing flexibility adequate to permit reasonable development of the site to meet the recreation and conservation needs of the city. This district is intended to include those public and private park and recreation and conservation areas which are designated as parks, or for park uses, in the adopted Little Rock parks and recreation master plan.

(b)

Development criteria. The following development criteria should apply to the PR park and recreation district:

(1)

Development of all properties in the PR district should conform to the Little Rock Parks and Recreation Master Plan.

(2)

No property shall be zoned PR until that property has been established on the Little Rock Parks and Recreation Master Plan by the board of directors. For purposes of the official land use plan of the city, the adopted Little Rock Parks and Recreation Master Plan shall control.

(3)

Multiple uses and structures shall be permitted on individual park sites as specified by the Little Rock Parks and Recreation Master Plan.

(4)

The city staff shall present any plans for the development of a property within the PR park and recreation district to the parks and recreation commission at a public meeting and shall demonstrate that the proposed development, or redevelopment, plans are consistent with the goals expressed in the Little Rock Parks and Recreation Master Plan. This presentation is for information purposes only, and no formal action is required unless a majority of the members of the parks and recreation commission vote to approve a motion that states:

a.

That the city staff is in error; and

b.

The proposed plan is totally inconsistent with goals and vision of the Little Rock Parks and Recreation Master Plan; and

c.

That the city board of directors should review the presented plan to determine if it is consistent with the Little Rock Parks and Recreation Master Plan; and

d.

If such an affirmative vote is taken, provides to the city board of directors a written list of the reasons that a majority of the members of the parks and recreation commission believe that the proposal is inconsistent with the Little Rock Parks and Recreation Master Plan.

(Ord. No. 18,419, § 1(a), 1-16-01; Ord. No. 18,630, §§ 1—5, 1-51-02; Ord. No. 19,910, § 1(j), 1-15-08; Ord. No. 21,867, § 1, 5-19-20)

The special districts established by this chapter are designed to promote and protect the health, safety, morals, convenience, order, prosperity and other aspects of the general welfare by creating specific regulations which deal with sensitive development areas within the city. The use of land or the construction of buildings at these locations is of particular importance to not only adjacent properties, but to the city as a whole. A proper approach is necessary to hold down the escalating public expense of public facilities in these areas of marginal development. It is incumbent on the city to identify sensitive areas of steep slopes, watercourses and natural vegetation and to protect such locations from haphazard growth. Also, intensive uses and natural resources such as mining, agriculture and forestry should be located so as to minimize any deleterious impact to lands devoted to less intensive usages, and those less intensive land uses should not be allowed to encroach on established mining or agricultural activities.

(Code 1961, Ch. 43, § 7-105(a))

The special districts are hereby subdivided into six (6) special purpose districts which are known as:

(1)

AF agriculture and forestry district.

(2)

M mining district.

(3)

OS open space district.

(4)

FP floodplain district.

(5)

R-4A low density residential distract.

(6)

UU urban use district.

(Code 1961, Ch. 43, § 7-105(b); Ord. No. 18,228, § 5, 3-7-00)

(a)

Purpose and intent. The AF agriculture and forestry district is intended to provide a smooth transition between purely rural areas and newly urbanized areas, allowing flexibility adequate to permit reasonable absorption of land use types typically found in the urban fringe. Many areas newly annexed to the city will be already partially developed with a variety of nonurban land uses, while others will exhibit relatively little development of any kind. It is the purpose of the AF district to provide a usable district for certain uses which may be annexed to the city and which may be held from development as urban land uses.

(b)

Development criteria. Except as provided for in the bulk and area provisions of this section, the following development criteria shall apply:

(1)

Owners of properties which remain in agricultural use are permitted on-premises sales of products on the land. Sales facilities for such on-premises sales shall be limited to two hundred (200) square feet of floor area per one (1) acre of land area, not to exceed two thousand (2,000) square feet total floor area.

(2)

On-premises sales shall be limited to agricultural products produced on the owner's farm or garden.

(3)

Trash dumping or junkyards are specifically prohibited, except as may be permitted under governmental authority and regulation.

(4)

Off-premises outdoor advertising is prohibited.

(c)

Permitted uses. The following uses are permitted in the AF agriculture and forestry district:

(1)

Single-family residences, together with the usual accessory uses.

(2)

Agriculture and forestry operations, to include the raising of livestock and poultry.

(3)

Governmental or private recreational uses, including but not limited to golf courses, tennis courts, swimming pools, playgrounds, day camps and passive recreational open space.

(4)

Plant nursery.

(d)

Conditional uses.

(1)

Agricultural products processing.

(2)

Hunting and gun clubs.

(3)

Reserved.

(4)

Riding academy (equestrian) or commercial stable.

(5)

Broadcast towers and related facilities.

(6)

Kennels.

(e)

Height regulations. No building hereinafter erected or structurally altered shall exceed a height of forty-five (45) feet.

(f)

Area regulations.

(1)

Front yard. Except for single-family residences, there shall be a front yard depth of fifty (50) feet from the front property line to the front line of the building. Single-family residences shall have a front yard of twenty-five (25) feet.

(2)

Side yard. Except for single-family residences, there shall be a side yard on both sides of the building of thirty (30) feet from each side property line to the side of the building. Single-family residences shall have side yards of eight (8) feet.

(3)

Rear yard. Except for single-family residences, there shall be a rear yard depth of fifty (50) feet from the rear property line to the rear of any building. Single-family residences shall have a rear yard of twenty-five (25) feet.

(4)

Lot coverage. The main building and all accessory structures in the AF district shall not occupy more than twenty-five (25) percent of the total area of the tract.

(5)

Lot area regulations. There shall be a minimum lot area of seven thousand (7,000) square feet. In addition, there shall be a minimum lot width of not less than seventy (70) feet and a minimum lot depth of not less than one hundred (100) feet.

(Code 1961, Ch. 43, § 7-105.1; Ord. No. 15,553, § 1ii, kk, 9-20-88; Ord. No. 16,861, § 1(j), (aa), (bb), 3-21-95; Ord. No. 20,326, § 1(j), 9-21-10)

(a)

Purpose and intent. The M mining zoning district is intended to accomplish the following purposes:

(1)

To allow the most efficient and effective utilization of extracted or quarried natural resources while minimizing detrimental impact on adjacent properties.

(2)

To minimize the conflict between urban land uses, extractive land uses and rural land uses by protecting areas suitable and desirable for mining uses from the intrusion of incompatible uses.

(3)

To protect nonmining uses within or near mining areas from the undesirable effects of mining operations.

In this section mining includes the extraction of various natural resources including bauxite, sand, gravel, limestone, granite and others. It is the intent of the M district to allow the mining and utilization of these resources, but not to permit the disfiguration or pollution of land beyond the point of reasonable recovery. The M district is designed to assure that these resources be properly managed so as not to create a hazard or nuisance which either immediately or in the future adversely affect the health, safety or general welfare of the community. This section applies to such district. For the purpose of this district, mining will not include or preclude any individual from filling, landscaping, terracing or grading any lot for development or redevelopment.

(b)

Development criteria. Unless otherwise specifically provided in this chapter, the following development criteria shall apply to the M mining district.

(1)

Dumping of trash, waste or other offensive materials of any kind is prohibited unless officially approved as a governmental or private landfill.

(2)

Off-premises outdoor advertising is prohibited.

(3)

Any mining, extraction or quarrying operation must comply with the permitting provisions of the Arkansas Open-Cut Land Reclamation Act of 1977 [A.C.A. § 15-57-301 et seq.] and subsequent revisions or amendments.

(4)

The emission of vibration, noise, odor, smoke, dust or particulate matter outside the boundaries of the site which adversely affects the health, safety or general welfare of the community is prohibited.

(c)

Permitted uses. The following uses shall be permitted in the M mining districts:

(1)

Any mining, extraction or quarrying operation (except for coal) which complies with the bulk and area provisions of this section along with the necessary accessory structures required for said operation.

(2)

Agriculture, farming, gardening, orchards and other customary agricultural pursuits.

(3)

Forestry land operations.

(d)

Height regulations. There shall be no height restriction in the M mining district.

(e)

Area regulations. The requirements set forth herein relate to the distances between property lines and buildings or structures and not use areas:

(1)

Front yard. There shall be a front yard measured from the front property line to the building or structure, having a depth of not less than fifty (50) feet. This front yard requirement shall apply to any portion of the tract of land zoned for M mining which abuts any public street.

(2)

Side yard. There shall be a side yard, measured from the side property line to the building or structure, having a width of not less than thirty-five (35) feet from any building or structure to the side property line.

(3)

Rear yard. There shall be a rear yard having a depth of not less than thirty-five (35) feet.

(4)

Lot area regulations. There shall be a lot area of not less than ten (10) acres. In addition, no dimension (depth or width) shall be less than two hundred fifty (250) feet.

(Code 1961, Ch. 43, § 7-105.2)

(a)

Purpose and intent. The OS open space district is intended to accomplish the following purposes:

(1)

To encompass lands where natural topography creates practical difficulty for urban development. In such locations, slope, drainage and erosion hinder the adequate placement of utility systems. The provision of safe traffic circulation systems, adhering to the minimum street construction standards of the city, is rendered problematical. It is the intent of this district to protect the public health, safety and welfare and to preserve and enhance the natural conditions of such areas and to reduce the disproportionate costs of public facilities by providing for land uses and development densities involving a minimum disturbance of the land.

(2)

To be utilized as a buffer zone between uses which, due to their nature, height, siting or other circumstance, are not compatible with each other. In this case, no building or structure (principal or accessory) may be erected, no trees may be removed and no paving for wheeled vehicles will be allowed.

(3)

To apply to public and private recreation areas including parks, golf courses and country clubs where such uses comprise a significant component of the city's open space network.

This section applies to such district.

(b)

Development criteria. Unless otherwise specifically provided in this chapter, the following development criteria shall apply to the OS open space district:

(1)

Dumping of trash, waste or offensive materials or the creation of a junkyard of any kind shall be expressly prohibited.

(2)

The location of off-premises outdoor advertising shall be prohibited.

(3)

Where the OS district is used as a buffer zone, all such areas shall remain in their natural state unless otherwise authorized by the city.

(4)

In no case shall a buffer of OS zoning be less than fifty (50) feet wide.

(5)

Where open space zoning is required in conjunction with multifamily zoning, the owner or applicant may compute the area of open space zoning in determining the allowable density for the tract.

(6)

Enhancement of the buffer area, such as additional screening or planting, may be required when granting a zoning or conditional use application.

(c)

Permitted uses. The following uses are permitted in the OS open space district:

(1)

One (1) single-family dwelling on each lot or building site having an area of not less than five (5) acres.

(2)

Agriculture uses such as farming, gardening, orchards, livestock, pasture, poultry and other customary agricultural uses.

(3)

Day camps when located on lots or tracts having an area of not less than five (5) acres.

(4)

Forestry land operations.

(5)

Municipal, governmental, private or philanthropic recreational use, including parks, playgrounds, tennis courts, golf courses and skating rinks.

(6)

Country club, golf course, swimming pool or other private recreational uses usually associated with or incidental to a social country club operated for mutual recreation for the members and not as a business for profit.

(7)

Wildlife refuge.

(8)

Broadcast towers and related communication facilities.

(d)

Accessory uses. Accessory uses and structures are allowed when they are normally appurtenant to the permitted uses and structures such as:

(1)

Detached parking facilities for occupants.

(2)

Children's playhouses.

(3)

Barns, silos, tank houses.

(4)

Recreation, refreshment and service buildings in parks, playgrounds and golf courses.

(e)

Conditional uses.

(1)

Country club (private membership).

(f)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of forty-five (45) feet. Broadcast towers shall comply with section 36-201.

(g)

Area regulations.

(1)

Front yard. There shall be a front yard having a depth of not less than fifty (50) feet to the front line of the building.

(2)

Side yard. There shall be a side yard having a width of not less than thirty (30) feet from the building or structure to the side (interior or exterior) property line.

(3)

Rear yard. There shall be a rear yard having a depth of not less than fifty (50) feet to the rear line of the building.

(h)

Lot coverage. The main building and all accessory buildings in the OS district shall not occupy more than ten (10) percent of the total area of the tract.

(Code 1961, Ch. 43, § 7-105.3; Ord. No. 15,247, § 1, 2-17-87)

(a)

Purpose and intent. The FP floodplain district is designed to provide regulations in undeveloped areas on properties situated within the floodplain of rivers, creeks, streams and water-courses. The purposes of this zone include the following:

(1)

To protect the lives and property of persons living in such vicinity.

(2)

To protect public health, safety and welfare.

(3)

To reduce the burden on the city and its inhabitants and property owners by eliminating or reducing the need for the construction of flood control channels, dams, levies and other flood control improvements that would be required if scattered and unplanned development is permitted to occur.

This section applies to such district. It is intended that this zoning classification be applied in a uniform manner to those properties within the city which are subject to inundation under the one-hundred-year frequency flood conditions. It is also intended that the FP floodplain zone will be removed from any property that is no longer subject to inundation as the result of construction of flood-control structures or facilities.

(b)

Creation of district; official maps established. The floodplain areas within the jurisdiction of the city are hereby defined as those identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the City of Little Rock," dated November 3, 1993 with accompanying flood insurance rate maps and flood boundary-floodway maps (FIRM and FBFM) and any revision thereto are hereby adopted by reference and declared to be a part of this article.

(c)

Interpretation of district boundaries. The boundaries of the floodplain districts shall be determined from the aforementioned flood hazard boundary maps. Where interpretation is needed as to the exact location of the boundaries of the district shown on the flood hazard boundary map, the appropriate city official shall make the necessary interpretation and direct that corrections of district boundaries be made on the flood hazard boundary map as appropriate. In such instances, the regulatory flood protection elevation shall be the governing factor in locating a district boundary on any property. Appeals from the administrative judgement of the appropriate city official 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; and

(2)

A copy of all pertinent graphic materials and correspondence.

This filing shall occur within thirty (30) calendar days of the action by the appropriate city official. The board shall accept the engineering data of a registered professional engineer unless conflicting engineering data is proved to be correct.

(d)

Overlay zone. The FP floodplain district will be used as an overlay zone and this zoning classification is superimposed on any existing zoning classification. The bulk and area requirements of the base zoning classification shall be applied to buildings within an overlay of FP floodplain zoning.

(e)

Permitted uses.

(1)

Within the floodplain (one-hundred year flood elevation) there exists an area of the channel or stream bed called the floodway and so designated on the community's flood boundary-floodway maps (FBFM). No building or structure shall be allowed within the floodway.

(2)

In order to build or operate any structure or use, it must be allowable use among those specified as allowable uses in the base or principal zoning classification; provided further no such use shall adversely affect the capacity of the channels or floodways of any designated creek, stream, tributary to the mainstream, drainage ditch, or other drainage facility or system; and provided still further, no such use or combination of uses shall raise the level of the one-hundred-year flood a distance of one (1) foot.

(f)

Prohibited uses. In the FP floodplain district, the storage or processing, aboveground, and the storage, belowground, of materials or fuel which is flammable or explosive or which could otherwise be injurious to human, animal or plant life in time of flood shall be unlawful.

(g)

Conditional uses. A day camp is allowed conditionally subject to the review procedures contained within this chapter.

(h)

Restrictions on structures.

(1)

Existing structures. Any structure existing and lying within a floodplain district and completed at the time of the adoption of this chapter or for which a building permit has been issued shall be deemed a legal nonconforming structure. All such structures may be repaired, improved or strengthened, provided no construction will be permitted which will:

a.

Enlarge the foundation area of the structure within the floodplain;

b.

Increase the bulk of the building or structure below the one-hundred-year flood level; or

c.

Enlarge the surface area perpendicular to the direction of flow of the watercourse to which the floodway relates.

In the event of damage to an existing structure in a floodplain district, by flood or other means, requiring the substantial improvement of said structure, the structure may be repaired, provided the surface area of the floodplain district formerly occupied by the structure shall not be increased; provided further, repairs to the structure shall incorporate appropriate floodproofing measures; and provided still further, the repair shall not increase the bulk of the structure below the one-hundred-year flood level.

(2)

Proposed structures. Any structure proposed within a floodplain district shall comply with the following criteria:

a.

No structure shall be closer than twenty-five (25) feet to any established floodway line.

b.

Uses having a low flood-danger potential shall be permitted within the twenty-five-foot setback to the extent that they are not prohibited by ordinance and provided they do not require structural involvement. Examples of such uses include loading areas, parking areas, open storage of materials or equipment, and public and private recreational uses.

c.

Where it can be demonstrated that acceptable alternative means of access to the floodway can be provided and that the existing or proposed structure will not be subject to erosion or structural damage, or for other good and sufficient reasons, the board of adjustment may modify or eliminate the required setback.

d.

Floodways shall be kept free of structural involvement including fences, open storage of materials and equipment, vehicle parking and other impediments to the free flow of floodwater. Exceptions may be granted when existing topography is at or above the existing one-hundred-year flood level and when the velocity of flow is less than three (3) feet per second.

e.

Cantilever construction over the floodway may be allowed when the lowest structural elevation of the cantilever section is greater than five (5) feet above the five-hundred-year flood level. Pilings and columns are expressly prohibited.

(Code 1961, Ch. 43, § 7-105.4; Ord. No. 15,303, § 1, 6-2-87; Ord. No. 16,116, § 1(u), 11-19-91; Ord. No. 16,507, § 2(a), (b), 10-5-93; Ord. No. 16,861, § 1, (qq), 3-21-95; Ord. No. 21,867, § 1, 5-19-20)

(a)

Purpose and intent. One (1) purpose of the design overlay district is to provide enhanced design standards to protect and enhance the unique natural scenic beauty or features of a particular corridor or area while providing for development opportunities. Design overlay districts may also be used to protect or facilitate a particular design theme established through a certain architectural style or period.

For example, the purpose of the overlay district may include:

(1)

To promote the safe and efficient use of the arterial roadway by controlling access and other traffic measures;

(2)

To encourage the redevelopment of an area consistent with a particular design theme;

(3)

To minimize the detrimental impact of development on hillsides, watercourses, and other significant natural features;

(4)

To give special attention to landscaping, buffering, signage, lighting and building setbacks in those districts identified as scenic parkway corridors;

(5)

To given special attention to the existing architectural style or to the style which is planned so as to create an easily identifiable corridor in those districts identified as architecturally significant.

(b)

Districts established. The city board of directors may adopt design overlay districts as the needs are identified in order to implement specific purpose, intent, and design standards based upon the adopted land use plan for the area being regulated, which shall be applied as additional standards to other ordinance regulations required by the city.

(c)

Development criteria. The development criteria for a DOD will be those standards as set out in each design overlay district.

(Ord. No. 15,764, § 2, 10-17-89; Ord. No. 20,326, § 1(p), 9-21-10)

(a)

General purpose and intent. The urban use district established by this chapter is designed to assure the continuation of development consistent with a traditional urban form. The urban use district is designed to help create a compact, dense, distinguishable core area. The district is established in order to provide for an urban form allowing mid-rise and high rise structures. This district is to provide for the office, civic and business core of the city. Structures within the urban use district are encouraged to provide multiple uses within the same structure. The ground or street level of structures should include street oriented activity and pedestrian amenities. The resulting area is to be pedestrian 'urban' oriented.

(b)

Application of regulations. The regulations of this district shall apply to new development, redevelopment exceeding fifty (50) percent of the structure's current replacement value, and expansion of existing development or exterior modifications. Routine repairs and maintenance shall not require compliance with this section.

Except for construction of improvements in the public right-of-way required by the city, and redevelopment or expansion of existing development, all uses, structures or lots which existed on the effective date of this section which do not conform to the standards and guidelines in this section, shall be treated as nonconforming according to the provisions of article III of this chapter.

(c)

Development criteria.

(1)

[Lighting.] Any lighting shall be placed so as to reflect away from adjacent residential structures. Fixtures adjacent to roadways shall be of a design that minimizes glare to the motoring public. No excessive or unusual noise, odor or vibration shall be emitted so that it constitutes a nuisance, which substantially exceeds that general level of noise, odor or vibration emitted by uses adjacent to or immediately surrounding the site. Such comparisons shall be made at the boundary of the site.

(2)

[Screening.] All ground-mounted mechanical systems and trash receptacles and pickup shall be oriented away from a primary street side of the property and screened from the public right-of-way. Ground-mounted mechanical systems and trash receptacles shall be placed adjacent to alleys if alleys are available.

(3)

[Drive-in or drive-through facilities.] No new drive-in or drive-through facilities may be visible or take directed access from a primary street.

(4)

Building materials. Facade materials may be any standard material, except corrugated or ribbed materials.

(5)

Landscaping.

a.

All vehicular use areas shall be in compliance with chapter 15, article IV.

b.

Street trees a minimum of three-inch caliper shall be required (type of trees as listed in landscape ordinance [chapter 15]). The trees shall be located a minimum of two (2) feet off the back of a curb and shall be thirty (30) feet on center and no closer than thirty (30) feet to a street intersection with a water source provided. The tree canopy shall be maintained at least eight (8) feet above the sidewalk.

c.

Unless otherwise approved, the planter well shall have placed at its base a six (6) inch thick section of approximately one (1) inch gravel with filter fabric laid on top to assist with drainage.

(6)

Sidewalks.

a.

Sidewalks shall consist of a minimum five-foot concrete walk, excluding the first two (2) feet from the curb. Sidewalks shall provide a minimum seven-foot horizontal clearance at a height of four (4) feet from the ground.

b.

Sidewalk sales and daily display or vending that is stored inside the principal business building during closed business hours, may be allowed. However, these activities shall not obstruct pedestrian movement, fire lanes, or areas designated for access by the physically impaired.

(7)

Building orientation. Buildings must be oriented to the street. The primary entrance of the building shall be at street level on the street at the sidewalk. Entrances shall be designed so that the door will not swing beyond the property line.

(8)

Street-level floor. The ground-level (street fronting) floor of nonresidential structures shall have a minimum surface area of sixty (60) percent transparent or window display.

(9)

Projections (all requirements for a franchise remain in place).

a.

Objects shall not project from the building facade over the public right-of-way except for awnings, balconies and signs as specified in section 36-553.

b.

Awnings shall not project more than eight (8) feet from the building facade and have a minimum clearance of eight (8) feet above the sidewalk.

c.

Balconies over the public right-of-way shall have a minimum clearance of nine (9) feet above the sidewalk. The maximum projection shall be four (4) feet.

(10)

Parking requirements. No off-street parking shall be required.

a.

Parking structures. Any parking structure with frontage along Capitol Avenue, Broadway, Chester, Main, Markham and 9th Streets shall be required to have active uses other than parking (such as office, light retail, personal services and entertainment) or building facade constructed to meet the standards of this section along the first floor of said frontage.

b.

Parking lots. Surface parking is to be located behind or adjacent to a structure, never between the building and abutting street.

c.

[Screening.] An opaque screening wall no less than three (3) feet in height shall be placed on the exterior perimeter of the first floor of the street frontage of all parking structures not otherwise required to have active uses or building facade construction as noted in subsection a. above. The screening wall shall extend above the finished floor of the first floor of the parking structure so as to screen vehicles in the parking structure.

Within this district commercial surface parking lots added after adoption of this section shall require a conditional use review.

(11)

Signs. Off-premises signs are not allowed. Ground-mounted signs are discouraged and may only be permitted as a variance as per division 2 of this chapter. Otherwise, permitted signs shall be as in section 36-553, signs permitted in institutional and office zones, of this chapter. On the street level, the maximum area of signage may be doubled if at least fifty (50) percent of the street-level office and retail space has direct access to the street.

(d)

Use regulations.

(1)

Permitted uses. Unless otherwise indicated, uses permitted shall include all those allowed in the residential districts, office districts and commercial districts as "permitted uses" in this chapter and those uses and activities specified in A.C.A. Title 14, Ch. 144, Research Park Authority Act.

All uses must be inside or enclosed except as specified below:

a.

Eating places, bars and lounges shall be permitted to have an area of outdoor seating subject to compliance with the following provisions:

1.

The area of outdoor seating shall not be located in the public right-of-way, nor shall it obstruct pedestrian movement, fire lanes, access to any business or areas designated for access by the physically impaired.

2.

The number of seats in the area of outdoor seating shall not exceed fifty (50) percent of the number of seats within the eating place, bar or lounge.

3.

Compliance with applicable state and county regulations.

4.

The area of outdoor seating shall not be located between the building occupied by the eating place and adjacent residentially zoned properties.

5.

This subsection shall not be deemed to permit signage or structural alterations such as canopies or walls regulated elsewhere in this chapter.

b.

Roof-top outdoor seating, bars or lounges and recreation areas ancillary to a permitted use within the building.

c.

Swimming pools and recreation areas that are ancillary to a permitted hotel, motel or residential use.

d.

Mobile canteen units when operated in compliance with current planning and development regulations for such vehicles.

(2)

Conditional uses. Conditional uses shall include those uses allowed in the light industrial "I-2" district as "permitted uses" and those uses allowed in the residential, office and commercial districts of this chapter as "conditional uses", except that all uses must be inside or enclosed.

Other conditional uses. Commercial surface parking lot.

Private club with dining or bar service. Event center.

(e)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of seventy-two (72) feet. Developments which provide a minimum twenty (20) percent of the gross floor area for residential uses are entitled to add twenty-eight (28) feet to the structure. Any structure which is certified by CATA (Central Arkansas Transit Authority) as providing a portion of the structure for mass transit (such as a bus stop, etc.) is entitled to add fourteen (14) feet. If at least fifty (50) percent of the street-level office and retail space has direct access to the street, the total building square footage may be increased with additional floors (fourteen (14) feet in height) at a rate of two (2) square feet for each one (1) square foot of leaseable space directly accessible to the street. Developments which provide a minimum eighty (80) percent of the gross floor area for residential uses are entitled to add up to twenty-eight (28) feet to the structure specifically to accommodate a parking structure which is incorporated into the structure. All building height bonuses in this section are cumulative, not to exceed two hundred twenty-five (225) feet.

For those structures within the area described as 2nd Street south to 9th Street and Scott Street west to Broadway, the maximum allowable structural height shall be governed by the "Adams Field Airport Zoning Ordinance" (Little Rock Code of Ordinances section 7-57 [section 7-51 et seq.]).

(f)

Area regulations.

(1)

Front yard. No setback is required except as noted below. (In no case may a structure be built in the right-of-way.)

Along Capitol Avenue, west of Broadway Street and east of Scott Street, the front building line shall be twenty-five (25) feet. Along Chester Street from I-630 to La Harpe Boulevard, the front building line shall be ten (10) feet.

In no case is the storage or parking of vehicles allowed in the front setback.

(2)

Rear yard. No setback required except where adjacent to lots containing single-family detached structures. In this case the rear yard shall have a setback of not less than twenty-five (25) feet.

(3)

Side yard. No setback required except where adjacent to lots containing single-family detached structures. In this case the side yards shall have a setback of not less than four (4) feet.

(Ord. No. 18, 228, § 6, 3-7-00; Ord. No. 18,902, § 1(e)-(g), (j), (l), 7-15-03; Ord. No. 19,438, §§ 1(t)—1(w), 11-15-05; Ord. No. 19,713, § 1(i), 3-6-07; Ord. No. 19,910, § 1(k), 1-15-08; Ord. No. 20,396, §§ 1(e), 1(i), 2-1-11; Ord. No. 20,407, §§ 1(e), 1(i), 2-15-11; Ord. No. 20,568, § 15, 4-3-12; Ord. No. 21,017, § 1(b), 4-7-15; Ord. No. 21,867, § 1, 5-19-20)

(a)

Purpose and intent. The purpose of the R-4A district is to protect existing developed residential neighborhoods. It is intended for single-family use with conversions to two-family units or the addition of accessory residential units. The R-4A district should be located in developed areas of the city with an environment suitable for moderate-density residential (use) and in established medium-density residential areas where densification may facilitate their continuation as desirable residential areas. Accessory uses, conditional uses and home occupations are permitted as long as they do not have objectionable characteristics, provided further that they otherwise conform to the provisions of this chapter. The district is intended to be an urban low to moderate density residential area, where an occasional nonresidential use adds to the overall character of the neighborhood.

(b)

Use regulations.

(1)

Permitted uses. Permitted uses are single-family and two-family residences.

(2)

Other uses. Accessory, home occupation, temporary, special and conditional uses allowed within the R-4A low-density residential district shall be the same as those in the R-1, R-2, R-3 single-family districts.

In addition any by-right uses within the C-1 neighborhood commercial district may be allowed as conditional uses in R-4A as specifically approved by the planning commission. These uses must follow the development criteria listed under C-1 neighborhood commercial and have a traditional design consistent with the neighborhood.

(3)

Within the area bounded by Capital Avenue on the north, 9th Street on the south, I-30 on the east, and Cumberland Street on the west, in addition to the above uses, multifamily use, as defined by R-5 urban residential district, shall be a permitted use.

(c)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of thirty-five (35) feet.

(d)

Area regulations.

(1)

Front yard. There shall be a front yard setback having a depth of not less than fifteen (15) feet. If there is an adjacent structure which is closer than fifteen (15) feet, then the new structure may be built using the line of the pre-existing structure. In no case may a structure be built in the right-of-way.

(2)

Side yard. There shall be a side yard on each side of the building having a width of not less than ten (10) percent of the average width of the lot, not to exceed five (5) feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet.

(4)

Lot area regulations. There shall be a lot area of not less than five thousand (5,000) square feet. In addition, there shall be a lot of width of not less than fifty (50) feet and a lot depth of not less than one hundred (100) feet.

(5)

Accessory structures and additions. Accessory structures or principal building additions of conventional on-site construction are permitted by right.

(Ord. No. 18,228, § 6, 3-7-00)

A Highway 10 scenic corridor overlay is hereby established, consistent with the objectives of the Highway 10 land use plan adopted by the City of Little Rock, and pursuant to the authority granted under chapter 36 of this Code providing overlay zoning districts. The purpose of establishing this district is to protect and enhance the aesthetic and visual character of the lands surrounding Highway 10. In particular the purposes of this district are as follows:

(1)

To protect and enhance the scenic quality of the Highway 10 corridor by providing for sensitive developments which will maximize the natural foliage and terrain while also providing planted buffer and landscaped areas.

(2)

To create a distinctive parkway atmosphere along Highway 10 by encouraging substantial building setbacks, extensive landscaping and uniform tree plantings.

(3)

To minimize the number of curb cuts along Highway 10 so that the roadway will function at an efficient level of service.

(4)

To promote development along Highway 10 without the undesired effects of small lot strip development.

(5)

To create standards for signage and parking lot lighting which are in keeping with the intent of this article.

(Ord. No. 15,765, §1(A), 10-17-89; Ord. No. 21,867, § 1, 5-19-20)

The district encompasses all land with Highway 10 frontage lying within three hundred (300) feet of each side of the right-of-way of Highway 10 from the western boundary of the intersection of Rodney Parham Road and Highway to the western boundary of the planning boundary along Highway 10.

(Ord. No. 15,765, § 1(B), 10-17-89; Ord. No. 15,965, § 2, 11-20-90; Ord. No. 19,041, § 1, 1-20-04)

The regulations in this article shall be in addition to and shall overlay all other zoning districts and other ordinance requirements regulating the development of land so that any parcel of land lying in the overlay district shall also lie within one or more of the other underlying zoning districts. Therefore, all property within this overlay district will have requirements of both the underlying and overlay zoning district in addition to other ordinance requirements regulating the development of land. In case of conflicting standards between this article and other City of Little Rock Ordinances, the overlay requirements shall control.

These regulations apply to all development, redevelopment or expansion of existing development with the exception of single-family and duplex development under zoning districts R-1, R-2, R-3, and R-4, or PUD submissions as required.

(Ord. No. 15,765, § 1(C), 10-17-89)

(a)

Lot size. There shall be a minimum development tract size of not less than two (2) acres. Existing lots of record two (2) acres or less are exempt from this requirement.

(b)

Front yard. All principal and accessory buildings or structures are required to have a one hundred-foot building setback from the property line abutting Highway 10.

(c)

Rear yard. Rear yard shall not be less than forty (40) feet.

(d)

Side yard. Side yard shall not be less than thirty (30) feet.

(e)

Landscaping treatment. Landscaped areas shall attempt to incorporate existing on-site trees and shrubbery into the landscaping scheme and the plans shall indicate such incorporation.

(1)

Landscaped areas shall have water sprinkler systems to maintain plant materials.

(2)

Erosion retardant vegetation shall be used on all cuts and fills.

(3)

Tree species to be planted within this corridor should be consistent with other species present.

(4)

The Highway 10 frontage (front yard) shall consist of a minimum of forty (40) feet of landscaped area exclusive of right-of-way. The landscaped area shall contain organic and/or combined manmade/organic features as berms, brick walls and dense plantings such that vehicular use areas are screened when viewed from an elevation of forty-two (42) inches above the elevation of the adjacent street. Alternative screening methods and designs must be approved by the plans review specialist. Appeals from the staff will be directed to the planning commission. Within the landscaped area trees shall be planted or be existing at least every twenty (20) feet and have a minimum of two (2) inches in diameter when measured twelve (12) inches from the ground at time of planting.

Where a developer demonstrates that this requirement will constitute an undue hardship, a landscaped area exclusive of right-of-way may consist of a minimum of twenty-five (25) feet. In those instances only, a half-berm shall be constructed which is a minimum of three (3) feet in height with tree plantings as required herein; provided however, that this provision may only be applied to a maximum of twenty (20) percent of the highway frontage affected in the plans submitted.

(5)

Rear and side yards shall have a landscaped buffer averaging a minimum of twenty-five (25) feet from the property line. Where such yards abut a street right-of-way, a fifteen-foot landscaped strip shall be required adjacent to land zoned office and residential. A seven-foot landscaped strip shall be required when adjacent to lands zoned commercial.

(f)

Signage. Signage shall comply with the provisions of article X of this chapter, except as follows:

(1)

Commercial development signage. Signage identifying the commercial development shall not exceed ten (10) feet in height and one hundred (100) square feet in area. All signs that are ground-mounted shall be of a monument type design. These signs may be installed in the landscaped area of the front and side yards.

(2)

Commercial building signage. Each separate commercial building will be allowed a single monument ground-mounted sign located on the building site or in the landscaped front yard of the commercial development. The sign shall be a maximum of six (6) feet in height and seventy-two (72) square-feet in area.

(g)

Curb cuts. Maximum, one (1) curb cut per three hundred (300) feet and no curb cut closer to an intersection than one hundred (100) feet.

(h)

Lighting. Parking lot lighting shall be designed and located in such manner so as not to disturb the scenic appearance preserved in this corridor. Lighting should be directed to the parking areas and not reflected into the adjacent neighborhoods.

(i)

Building sites. The maximum number of buildings per commercial development shall be measured both by minimum tract size and minimum frontage as follows: One (1) building every two (2) acres.

(j)

Stormwater detention. Any stormwater detention proposed within the front landscape buffer shall be placed underground or the facility shall be graded where the bottom of the facility has a minimum slope of two (2) percent from the furthest extent to the outfall location and a five-foot low flow concrete channel shall be installed.

(Ord. No. 15,765, § 1(D), 10-17-89; Ord. No. 15,965, §§ 3—6, 11-20-90; Ord. No. 18,902, § 1(c), 7-15-03; Ord. No. 21,867, § 1, 5-19-20)

Cross reference— Landscaping and tree protection, Ch. 15; signs, Ch. 27.

In the case of a commercial development, whether on one (1) or more platted lots, the above described regulations shall apply to the development as an entire tract rather than to each platted lot.

(Ord. No. 15,765, § 1(E), 10-17-89; Ord. No. 21,867, § 1, 5-19-20)

Editor's note— Ord. No. 21,867, § 1, adopted May 19, 2020, changed the title of § 36-347 from commercial developments and multiple building sites to commercial developments.

Property, if for any reason, that cannot be developed without violating the standards of the design overlay district shall be reviewed through the PZD, planned zoning district, section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. All variances to the underlying zoning requirements shall be reviewed as per article II, division 2, Board of Zoning Adjustment.

(Ord. No. 15,765, § 1(F), 10-17-89; Ord. No. 15,965, § 7, 11-20-90; Ord. No. 21,168, § 1(d), 2-2-16)

(a)

Purpose and intent. A Chenal/Financial Center Parkway Urban Corridor Overlay is hereby established consistent with the objectives of the Chenal, Ellis Mountain and I-430 Land Use Plans adopted by the city, and pursuant to the authority granted under chapter 36 of the Code of Ordinances of the city providing for zoning overlay districts. The purpose of establishing this district is to protect and enhance the aesthetic and visual character of the lands surrounding Chenal Parkway and Financial Center Parkway. In particular, the purposes of this district are:

(1)

To create a scenic parkway atmosphere with the removal of adjacent utilities and control of lighting and signage.

(2)

To utilize the existing land use plans and master street plan requirements in creating a well designed urban corridor.

(b)

District boundaries. The district encompasses all land with Chenal Parkway or Financial Center Parkway frontage lying within three hundred (300) feet of each side of the right-of-way of Chenal Parkway or Financial Center Parkway. The eastern boundary of the district shall be the intersection of Financial Center Parkway and Shackleford Road and the western boundary shall be the intersection of Chenal Parkway and Highway 10. In the case of conflicting standards applicable to property included within the boundaries of this district and also within the boundaries of the Highway 10 Design Overlay District, the Highway 10 Design Overlay District standards shall control.

(c)

Application of district regulations. The regulations in this section shall overlay all other zoning districts and other ordinance requirements regulating the development of land so that any parcel of land lying in the overlay district shall also lie within one (1) or more of the other underlying zoning districts. Therefore, all property within this overlay district will have requirements of both the underlying and overlay zoning district in addition to other ordinance requirements regulating the development of land. In cases of conflicting standards between this section and other city ordinances, the overlay requirements shall control. In the case of conflicting standards applicable to property included within the boundaries of this district and also within the boundaries of the Highway 10 Design Overlay District, the Highway 10 Design Overlay District standards shall control.

These regulations apply to all development, redevelopment or expansion of existing development with the exception of single family and duplex development under zoning districts R-1, R-2, R-3 and R-4, or PUD submissions as required.

(d)

Site design and development standards.

(1)

Signage. Signage shall comply with the Little Rock Sign Ordinance, except for ground mounted signs. The maximum size of principal site signs along Chenal/Financial Center Parkway shall be one hundred (100) square feet in area and eight (8) feet in height. Each landowner will be permitted to erect one (1) sign per parcel, except for parcels fronting on two (2) different streets upon which one (1) per street frontage may be erected. The signs will be "monument" type signs.

(2)

Lighting and utilities. Parking lot lighting shall be designed and located in such a manner so as not to disturb the scenic appearance of the corridor. Lighting will be directed to the parking areas and not reflected to adjacent parcels. All lighting and other utilities on lots adjacent to Chenal/Financial Center Parkway which are located in front of the rear line of the building, or in front of the rear line of the building if such lighting and utilities were constructed prior to building construction, shall be underground. Notwithstanding the foregoing limitation, no overhead utilities shall be constructed within one hundred (100) feet of the Chenal/Financial Center Parkway right-of-way.

(e)

Exceptions. Property, if for any reason, that cannot be developed without violating the standards of the design overlay district shall be reviewed through the PZD, planned zoning district, section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. All variances to the underlying zoning requirements shall be reviewed as per article II, division 2, Board of Zoning Adjustment.

(Ord. No. 16,861, § 1(ii), 3-21-95; Ord. No. 21,168, § 1(e), 2-2-16)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ADAAG means the Americans With Disabilities Act Accessibility Guidelines, 36 CFR § 1191.1 App. A, and any amendments thereto.

Design overlay district or DOD as referred to in this section means the River Market district.

DRC means the design review committee established pursuant to this section.

Projecting sign is defined in section 36-530 of this chapter.

River Market district is also referred to as the "district" and is depicted on exhibit "A" attached to Ordinance No. 18,961. Exhibit "A" is not set out herein, but is on file and available for inspection in the office of the city clerk.

Significant architectural detail or feature means an architectural element that contributes to the overall style, design or facade of a building. The detail may include architectural elements or materials, including, but not limited to, an arch, bracket, brickwork, capital of a column, corbelling, cornice, dentil, door, eave, fascia, gable, hood mold, latticework, parapet, pressed tin, sash, sidelight, shingles, transom, trim and window.

(Ord. No. 18,961, §§ 1, 2, 10-21-03)

(a)

Purpose and intent. The purpose of establishing the River Market district (referred to herein as the "district") is to create a quality mixture of commercial, office and residential uses that also have a festive and pedestrian orientation. Once established, the district will become a viable location for business, cultural, residential and entertainment activities. Buildings, signs, street furnishings and landscaping should all be designed to complement and encourage pedestrian use during the day and at night. Careful planning is necessary to ensure the proper placement of such items to avoid visual clutter.

Visual clutter is not a major problem in the district at present, but good planning anticipates and prepares for future problems, especially in consideration of positive economic development. Guidelines and strategies must be in place to protect the district from the negative impact of poorly planned or incompatible projects. Incompatible development has the potential to destroy the attributes that will attract people to the district. Programs and policies will be enacted to maintain and enhance the visual quality of the district. Physical design elements of the district shall be controlled and reviewed by a design review committee to ensure appropriate design and compatible development.

(b)

District boundaries. The district encompasses all parcels within the area described as: Beginning at the intersection of the center lines of Second Street and Cumberland Street (southeast corner of Block 35 Original City of Little Rock), east along the center line of Second Street to the centerline of the southbound lanes of Interstate 30, thence north along the centerlines of the southbound lanes of Interstate 30 for a distance of 600 feet, thence northwesterly parallel to President Clinton Avenue to the center of the right-of-way for Cumberland Street, thence southerly along the centerline of Cumberland Street to the point of beginning. The district is further identified on the map attached as exhibit "A". To the extent required by law, the city zoning map shall be amended to graphically display the district.

(Ord. No. 18,961, §§ 1, 2, 10-21-03; Ord. No. 20,310, § 1, 9-7-10)

(a)

The regulations of this chapter shall be in addition to and shall overlay all other zoning districts and other requirements regulating the development of land so that any parcel of land lying in the overlay district shall also lie within one or more of the other underlying zoning districts. Therefore, all property within this overlay district shall have requirements of both the underlying and overlay zoning districts in addition to any other provisions regulating the development of land. In case of conflicting standards between this division and other city ordinances, the overlay requirements shall control.

(b)

These regulations shall apply to new development and redevelopment or expansion of existing development. The design guidelines shall be implemented when a permit is requested for exterior improvements on buildings or in the public right-of-way. This section also applies when any exterior improvement is undertaken which may not require a permit, but affects the exterior visible elements of the structure such as repainting in a manner that significantly changes the color of the facade as determined by the DRC. Routine repairs, maintenance and interior alterations shall not require compliance with this section.

(c)

Uses, structures or lots which existed on the effective date of this ordinance which do not conform to the standards and guidelines established in this ordinance, shall be treated as nonconforming according to the provisions of article III of this chapter. Nonconforming status shall not apply to construction of improvements in the public right-of-way required by the city, new and existing improvements requiring franchise permits, and new development, redevelopment or expansion of existing development.

(d)

Franchises shall be required for all structures located in the public right-of-way. Franchise permits shall be issued for a period of not more than two (2) years. All franchisees are required to renew their franchise permits upon the anniversary of the original permit. Franchise permits that were valid on the effective date of this article will terminate on the two-year anniversary of the effective date of this ordinance. Notwithstanding any other provision for the application and issuance of permits, owners of all existing franchises shall obtain a new franchise within sixty (60) days after notice from the city. The franchisee shall submit to the city any changes in the information contained in the original franchise. Any franchise not permitted by the due date shall be classified as abandoned. Any encroachment within the abandoned franchise is deemed to be illegal and shall be removed by the franchisee at his expense. The River Market design review committee shall review and provide recommendations on all franchise renewals pursuant to the provisions of section 36-367 of this chapter.

(Ord. No. 18,961, §§ 1, 2, 10-21-03)

(a)

Signs in general.

(1)

Location.

a.

Signs shall not hide significant architectural detail or features of a building.

b.

Signs shall not visually clutter nor interfere with views of the building.

c.

Wall signs shall be confined to the flat surface of the building and shall not project more than five (5) inches from the building facade.

d.

Signs shall not be painted directly on the face of a building.

e.

Awning valences are appropriate locations for signage.

f.

Freestanding signage is prohibited.

g.

Signs shall be adequately spaced from other signs.

h.

All signs must face public street right-of-way except those permitted on facades facing the Arkansas River.

(2)

Appearance.

a.

Signs shall be compatible with the architecture of the building on which it is located.

b.

Design of signs shall capitalize on the special character of the district.

c.

Window signs shall not cover more than twenty-five (25) percent of each glass panel.

d.

Awning signs shall not exceed twelve (12) square feet per awning.

e.

Neon illumination is permitted.

f.

Internally illuminated signs are prohibited.

g.

In accordance with federal law, businesses with registered trademarks are allowed to display the mark in signage which otherwise complies with city sign regulations.

h.

Advertising copy on signs is prohibited.

i.

Materials used in signs shall be sensitive to signs and architecture on adjacent sites.

(3)

Nonconforming signs. Signs existing prior to July 9, 1996, (the first adoption of the River Market design overlay district) shall be considered nonconforming. Nonconforming signs shall be permitted to be renovated or maintained. No change shall be made to the shape or size of the signage without approval of the DRC.

(b)

Signs on public buildings. Signs on public buildings shall conform to the standards outlined in this DOD with the exception of signs that have significant architectural detail, or signs that serve as an entrance to Riverfront Park and are otherwise consistent with the DOD standards. These exceptions may only be approved by the board of directors.

(c)

Wall signs located on or facing public street rights-of-way or private streets.

(1)

Location.

a.

Except as permitted in subsection (b), the maximum sign height on a building shall not extend above the second floor windowsill or above the overhang of a single-story building.

b.

Signs shall not number more than three (3) per business.

(2)

Appearance. Signs shall not exceed one-half of a square foot of sign area for each linear foot of street building frontage, not exceeding twenty-five (25) square feet per sign.

(3)

Sign illumination. Internally lit signs are prohibited. When signs are externally lit, they shall be illuminated from a concealed source of light or a decorative source that is integral to the design of the sign.

(d)

Signs on facades facing the Arkansas River. The buildings having facades facing the river present a unique opportunity to create their own character on the facades that share views with the amphitheatre and the river. These facades shall compliment the festive atmosphere that has been established by the Riverfest Amphitheatre and the River Market building.

(1)

Location.

a.

Building signs shall not extend above the overhang of the roof.

b.

Signs shall not number more than three (3) per business.

(2)

Appearance. Signs shall not cover more than ten (10) percent of the facade facing the river.

(3)

Sign illumination. Internally lit signs are prohibited. When signs are externally lit, they shall be illuminated from a concealed source of light or a decorative source that is integral to the design of the sign.

(e)

Projecting signs.

(1)

Location.

a.

Projecting signs shall maintain a nine-foot clearance in all pedestrian walkways and a thirteen-foot clearance over vehicular use areas, i.e. alleys and driveways.

b.

Height of projecting signs shall not extend past the sill of the second story windows.

c.

Projecting signs shall extend a maximum of three (3) feet from the face of the building.

d.

The number of projecting signs shall be limited to one (1) sign per one hundred (100) feet of street frontage per building.

e.

Projecting signs shall be placed at a ninety-degree angle to the building.

f.

Signs shall be spaced so not to conflict or obscure other signage.

(2)

Appearance.

a.

Projecting signs shall have a maximum of twenty-five (25) square feet of sign face per sign.

b.

Thickness of projecting signs shall be limited to twelve (12) inches.

c.

Signage colors, typeface and style shall be compatible with the district.

(3)

Sign illumination.

a.

Internally lit signs are prohibited. When projecting signs are externally lit, they shall be illuminated from a concealed source of light or a decorative source that is integral to the design of the sign.

b.

Neon is permitted on projecting signs. No movement, flashing, or change of illumination level shall be permitted on signs. Each neon sign shall have a one-year maintenance review, by city staff, for functionality.

(f)

Sandwich board signs.

(1)

Location.

a.

Sandwich board signs shall be located within the brick planting strip portion of the sidewalk.

b.

Signs shall not number more than one (1) per business.

c.

Signs shall be displayed only when the business is open for business and shall be removed from the exterior of the building when the business is closed.

d.

Signs shall have a minimum spacing of one (1) per twenty-five (25) linear feet of sidewalk not to exceed six (6) per block face.

(2)

Appearance.

a.

Signs shall be no larger than twenty-four (24) inches wide and thirty-six (36) inches tall per face with a total height not to exceed thirty-six (36) inches.

b.

Merchants shall limit the wording on the signage to effectively use the space.

c.

Signs shall have a wooden or simulated wooden frame that encases and supports the message area. Molded plastic or metal construction is prohibited unless encased in wood or simulated wood trim.

d.

Signs shall be kept in a tidy and clean condition and maintained in good repair. Signs shall be stable and weighted to resist overturning due to wind or accidental pedestrian contact.

e.

All individually changeable letters, tacking of flyers or loose leaf pages, and poster boards on signs are prohibited. Chalkboards and dry-erase boards are permitted.

f.

Balloons, ribbons, streamers, and other decorative attachments are prohibited.

(3)

[Illumination.] Signs shall not be illuminated.

(4)

[Sandwich board signs.] A franchise permit and sign permit for a permanent type sign shall be required for all sandwich board signs.

(Ord. No. 18,961, §§ 1, 2, 10-21-03; Ord. No. 20,310, § 2, 9-7-10; Ord. No. 21,017, §§ 1(d), 1(e), 4-7-15)

Balconies over the public right-of-way shall have a minimum clearance of nine (9) feet above the sidewalk. One (1) inch of projection is permitted for each additional inch of clearance above eight (8) feet, provided that no such projection shall exceed a distance of four (4) feet.

(Ord. No. 18,961, §§ 1, 2, 10-21-03)

(a)

Sidewalks and right-of-way improvements in general. All repairs and new construction shall match existing improvements in materials, construction methods, shape, size, etc. Samples of material shall be provided to the DRC or its representative to verify material match prior to installation.

(b)

Width and clearance.

(1)

Sidewalks shall consist of seven and one-half-foot concrete walk in addition to a four-foot red brick paving planting strip.

(2)

Sidewalks shall have a twelve-foot overall width from property line to curb face.

(3)

Sidewalks shall provide adequate clearance for ease of pedestrian traffic and movement.

(c)

Materials.

(1)

The walks, curbs, gutters, and tree grate frames shall be concrete.

(2)

The planting strip shall consist of red brick pavers.

(d)

Curb ramps.

(1)

Two (2) curb ramps shall be provided per corner or the entire corner may be constructed as a ramp.

(2)

Ramps shall have 1:10 side slopes.

(3)

Ramps shall have 1:12 maximum slope.

(4)

Ramps shall be five (5) feet in width with striations perpendicular to pedestrian traffic movement.

(5)

Slopes shall be congruent between ramps.

(6)

There shall be a minimum five (5) feet landing at the top of all ramps.

(7)

Curb ramps shall be coordinated with the crosswalk locations pursuant to ADAAG 4.7.9.

(8)

Curb ramps shall have a visual contrast of surfaces adjacent to traffic.

(e)

Curbs and gutters.

(1)

Curbs shall be six (6) inches in height.

(2)

Gutters shall be eighteen (18) inches in width.

(f)

Tree-planting strip.

(1)

The tree-planting strip shall be a four-foot-wide red brick paving strip on two-inch sand base and eighteen-inch topsoil backfill.

(2)

The six-inch concrete tree gate frame shall be integrated with the top of the curb.

(g)

Utilities.

(1)

All utilities shall be located under the street.

(2)

All metal grates located in walking surfaces shall meet ADAAG 4.5.4 standards.

(Ord. No. 18,961, §§ 1, 2, 10-21-03)

(a)

Materials.

(1)

Historic materials or distinctive architectural features shall not be removed or hidden.

(2)

The type of materials and their color, texture, scale and detailing shall be compatible with those of buildings on adjacent sites.

(3)

Surface cleaning of historic structures shall be done with the gentlest possible method. Physical or chemical treatments, such as sandblasting or high pressure water cleaning, that cause damage to historic material shall be prohibited.

(b)

Roof types. Building roofs shall relate to the overall size, shape, slope, color and texture of roofs of buildings within the district.

(c)

Openings.

(1)

Historical upper facade windows shall retain original dimensions and details.

(2)

Historical storefront configuration shall not be altered.

(3)

New construction shall have a pattern of windows and doors that resemble similar patterns on facades of adjacent buildings.

(4)

Primary entrances shall be parallel with the street.

(d)

Style and form.

(1)

Height regulations. No building hereafter erected or structurally altered shall exceed a height of sixty (60) feet. Building height shall be defined, for the purpose of the River Market Design Overlay District, as the vertical distance from the highest point of the centerline of abutting private and public street frontages to the highest point of the roof or parapet wall. All structural embellishments as defined by section 36-2, Definitions shall be reviewed by the River Market Design Review Committee for compliance.

(2)

[Building levels.] Buildings shall maintain the distinction between upper and street levels.

(3)

[Historical context.] Historical context of buildings shall be restored to original designs.

(e)

Mass.

(1)

New construction wider than the typical building width shall be visually massed to appear similar to buildings on adjacent sites.

(2)

The primary facade of a building shall be oriented parallel with the street.

(f)

Projections.

(1)

Objects shall not project from the building facade over the public right of way except for awnings, signs and balconies.

(2)

Awnings shall not project more than five (5) feet from the building facade and have a minimum clearance of nine (9) feet above the sidewalk.

(3)

Balconies over the public right of way shall have a minimum clearance of nine (9) feet above the sidewalk. One (1) inch of projection is permitted for each additional inch of clearance above eight (8) feet, provided that no such projection shall exceed a distance of four (4) feet. Balconies shall not be supported with posts extending to the sidewalk. Mounting heights for balcony brackets shall conform to minimum clearance standards.

(g)

Setbacks. Buildings shall have a zero-foot build to line along the public street rights-of-way.

(Ord. No. 18,961, §§ 1, 2, 10-21-03; Ord. No. 20,310, § 3, 9-7-10; Ord. No. 21,017, § 1(f), 4-7-15)

(a)

Appearance.

(1)

Colors should be compatible with others used in the River Market district.

(2)

Awnings shall relate to the shape of the opening.

(3)

Direct back illuminated awnings are prohibited.

(4)

Awnings shall be composed of canvas, vinyl coated canvas, acrylic fabrics or other architectural materials compatible with the building and the district.

(5)

Retractable canvas awnings are allowed and shall conform to other awning standards for appearance and location.

(b)

Location.

(1)

Awnings shall cover only the storefront display windows, balconies or transom above the main entrance. Upper facade details shall not be obscured.

(2)

Awnings and support structures shall have a minimum clearance of nine (9) feet from the sidewalk.

(3)

Awnings shall not project more than five (5) feet from the building facade.

(Ord. No. 18,961, §§ 1, 2, 10-21-03)

(a)

Plant materials.

(1)

All plant materials shall be as prescribed in this section or substitute materials of equal quality approved in advance by the DRC.

(2)

President Clinton Avenue from Interstate 30 to Cumberland Street shall be Acer X Freemanii "Jeffersred," autumn blaze maple trees.

(3)

River Market Avenue from President Clinton Avenue to Second Street shall be Acer X Freemanii "Jeffersred," autumn blaze maple trees.

(4)

Streets with north and south orientation between Interstate 30 and Cumberland Street and north of Second Street shall be Taxodium distichum; bald cypress trees.

(5)

Second Street from Interstate 30 and Cumberland Street shall be Ginkgo biloba, Ginkgo.

(6)

Plazas and open spaces shall be Ostrya virginiana; American hophornbeam trees and Gleditsia tricanthos var. inermis "Moraine;" moraine thornless honey locust trees.

(7)

All planting of trees and planting adjacent to sidewalks shall meet ADAAG 4.4.2 standards.

(b)

Plant size.

(1)

Street trees shall be one and one-half-inch to two and one-half-inch caliper trees at planting.

(2)

Plazas and open spaces shall be one and one-half-inch to two-inch caliper trees at planting.

(c)

Location and spacing.

(1)

Trees shall be thirty (30) feet on center and two (2) feet off back of curb.

(2)

Trees placement shall allow for adequate site distance at intersections.

(d)

Irrigation systems.

(1)

Irrigation systems shall provide four (4) irrigation bubbler heads per tree well.

(2)

All systems shall have backflow preventors.

(3)

Automatic controllers shall be pole mounted.

(4)

Valve-box covers shall have snaplocks and be located within the brick-planter strip.

(e)

Tree grates.

(1)

Tree grates shall be four (4) feet by four (4) feet cast iron with slot openings no more than one-quarter inch. All replacement and new tree grates shall match existing grates in manufacturer and model number. Samples of materials shall be provided to the DRC or its representative to verify match prior to installation.

(2)

Tree grates shall be set into concrete and angle iron curb collar, six (6) inches exposed at surface, minimum twelve-inch depth.

(f)

Subdrainage.

(1)

A gravel drain shall consist of a four-inch perforated pipe wrapped in washed, crushed gravel and geotextile running parallel with planting strip.

(2)

A gravel drain shall be approximately four (4) feet below finished pavement elevation and connected to the storm drainage inlet.

(3)

The bottom of the gravel drain shall be sloped for positive flow towards the four-inch perforated pipe.

(g)

Planting medium.

(1)

Topsoil backfill shall contain ten (10) percent organic material and be free of objectionable materials.

(2)

The tree root ball shall be set in place on compacted SB-2 sub-base pedestal and covered with two (2) inches washed river gravel.

(Ord. No. 18,961, §§ 1, 2, 10-21-03; Ord. No. 20,310, § 4, 9-7-10; Ord. No. 21,017, § 1(g), 4-7-15)

(a)

Lights.

(1)

Pedestrian posts and luminaries shall be Antique Lighting "Capitol" Series or preapproved substitute.

(2)

Roadway intersection posts and luminaries shall be Antique Lighting "Capitol" Series or preapproved substitute.

(b)

Spacing and location.

(1)

Pedestrian posts and luminaries shall be located every third tree within a block.

(2)

Roadway posts and luminaries shall be located fifteen (15) feet off right-of-way of perpendicular streets; one (1) per corner.

(c)

Furnishings.

(1)

Signage and street equipment shall be in the same design family as light posts and luminaries.

(2)

Trash receptacles shall be manufactured by Canterbury International; Pennsylvania Avenue model or preapproved substitute.

(3)

Benches shall be six (6) feet in length and located on the inside of roadway intersection posts and luminaries manufactured by Dumor Model #57 Bench or pre-approved substitute.

(4)

Bus shelters and information kiosks shall be uniform in architectural style and character with streetscape equipment and building form.

(5)

Newspaper stands shall be of the same style and size and be incorporated as an integral part of the street furnishings.

(Ord. No. 18,961, §§ 1, 2, 10-21-03)

(a)

Crosswalks.

(1)

Crosswalks shall be constructed of red brick pavers bound by a one-foot-wide by two-foot-tall concrete band on both sides.

(2)

The running bond brick pattern of the crosswalks shall run perpendicular to vehicle traffic.

(3)

Brick pavers shall be eight thousand (8,000) p.s.i. to withstand vehicle loads.

(4)

Curb ramps at marked crossings shall be wholly contained within the markings, excluding any flared sides, pursuant to ADAAG 4.7.9.

(5)

All replacement and new crosswalks shall match existing crosswalks in construction manner and materials. Samples of materials shall be provided to the DRC or its representative to verify match prior to installation.

(Ord. No. 18,961, §§ 1, 2, 10-21-03)

(a)

Location.

(1)

Parking lots shall not surround a building.

(2)

Buildings shall not be removed to provide surface parking unless no other economically viable alternative is available.

(b)

Parking landscape. Parking lots shall comply with the minimum requirements of the landscape ordinance. Landscaping beyond that which is required is encouraged.

(c)

Parking lot lighting and design.

(1)

Perimeter lighting on parking lots shall match the style used on the streetscape.

(2)

Parking lot design shall be sensitive to the purposes and intent of the district.

(3)

Buses shall be marshaled outside the district.

(4)

Handicapped accessible parking shall be provided pursuant to ADAAG 4.1.2(5)(a) and 4.6.3.

(5)

Passenger loading zones shall be provided pursuant to ADAAG 4.6.6.

(6)

Interior fixtures shall be mounted on poles with a maximum height of thirty (30) feet.

(7)

Interior lighting levels shall be in the range of one (1) to three (3) footcandles.

(8)

Interior lighting fixtures shall be of square shoebox type or pre-approved substitute.

(9)

Lamps shall be of the metal halide type.

(10)

Interior lighting fixtures shall have sag-type lenses.

(11)

Interior lighting poles shall be painted dark bronze.

(12)

Interior lighting poles shall be a square straight steel pole GSP-30-BRP or pre-approved substitute.

(13)

Interior lighting pole arms shall be RTS30-6511-UMB-28 or pre-approved substitute.

(d)

Parking requirements.

(1)

Parking requirements shall be as established in section 36-342.1., Urban use district.

(2)

The DRC shall make a recommendation to the board of zoning adjustment on any request for variance from the off-street parking requirements of section 36342.1., Urban use district.

(Ord. No. 18,961, §§ 1, 2, 10-21-03)

(a)

Location.

(1)

New curb cuts on President Clinton Avenue are prohibited.

(2)

Existing curb cuts on President Clinton Avenue, River Market Avenue, Sherman and Rock Streets shall be removed or minimized to reduce conflict with pedestrian traffic.

(b)

Number per block. Curb cuts shall be minimized to allow for safe and efficient pedestrian movement throughout the River Market district.

(c)

Size. Driveway width shall be twenty-two (22) feet; provided that, the DRC may adjust the width to correspond with a recommendation of the director of the public works department if such adjustment is consistent with the uses in the district.

(Ord. No. 18,961, §§ 1, 2, 10-21-03; Ord. No. 21,017, § 1(h), 4-7-15)

Use.

(1)

Alleys shall serve as alternative routes for pedestrians as well as efficient service access for vehicles.

(2)

Alleys shall have adequate lighting for pedestrians.

(Ord. No. 18,961, §§ 1, 2, 10-21-03)

Design.

(1)

Chain link fences and razor or barbed wire are prohibited.

(2)

Ornamental iron fences may be appropriate where compatible with the style of the building.

(Ord. No. 18,961, §§ 1, 2, 10-21-03)

(a)

Corridors. New construction shall be designed to preserve all view corridors including the President Clinton Avenue Corridor and the River Market Avenue Corridor.

(b)

River. Views of the river shall be protected from any obstructions or visual clutter.

(Ord. No. 18,961, §§ 1, 2, 10-21-03; Ord. No. 21,017, § 1(i), 4-7-15)

The city shall maintain all sidewalks, lights, landscaped planting areas, trees, grates, pavers, streets, curbs, gutters, irrigation systems, benches, trash receptacles, litter removal, street lighting and sidewalk lighting.

(Ord. No. 18,961, §§ 1, 2, 10-21-03; Ord. No. 20,310, § 5, 9-7-10)

Property that cannot be developed for any reasons without violating the standards of this article and that creates new or additional space shall be reviewed through the planned zoning district (PZD) section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. All other requests for variances for the overlay standards shall go to the board of adjustment.

(Ord. No. 20,310, § 6, 9-7-10)

(a)

Design review committee (DRC). A DRC shall be appointed by the board of directors to protect the visual integrity of the district, consisting of five (5) persons as follows:

(1)

Two (2) representatives from the district selected from a list recommended by property owners within the district. Representatives shall include a letter of recommendation from a property owner in the district. Members of the committee serving as property owners or representatives of property owners shall not be required to be residents of the city.

(2)

Two (2) design professionals with experience in historic preservation such as an architect, engineer, planner or landscape architect.

(3)

A representative from the downtown partnership.

The appointments to the DRC shall be arranged so the term of at least one (1) member will expire each year, and their successors shall be appointed in a like manner for terms of three (3) years. Members who are appointed to fill vacancies for unexpired terms shall join the DRC at the next meeting following their appointment and confirmation.

(b)

Vacancies. Vacancies to the committee shall be advertised in a newspaper.

(c)

Submission of proposals. The developer or designer of exterior improvements to a structure in the district shall meet with the DRC prior to request for a permit. No permit shall be issued unless the DRC has approved the proposal. The DRC will meet on call as projects are filed with the planning staff. A written record of the review and recommendation will be forwarded to the planning commission or board of zoning adjustment on proposals not meeting the design guidelines established by the DOD.

(d)

Authority of the DRC. The DRC shall function with a primary goal of providing substance and governance to the DOD guidelines. This includes:

(1)

Providing district businesses with guidance in adhering to the DOD guidelines.

(2)

Provide recommendations on all building permits, signs, banners, franchises, zoning and subdivision applications within the district.

(3)

Timely review and recommendations on all variance applications made by property owners within the district.

(4)

Maintaining a comprehensive report of all variances permitted from the city zoning and planning ordinances and regulations within the district.

(5)

Forwarding to the planning commission or board of zoning adjustment a review and recommendation of all proposals that do not meet the established guidelines as established by section 36-366.1.

(Ord. No. 18,961, §§ 1, 2, 10-21-03; Ord. No. 20,310, § 7, 9-7-10)

Pursuant to chapter 36 of the Code of Ordinances of the City of Little Rock, a design overlay district for the central city redevelopment corridor is hereby established as follows:

Original city: Blk-018, Lot 007 through 010.

Original city: All of Blk-050 through 053.

Original city: All of Blk-161 through 162.

Original city: Blk-163, Lot 008 through 012.

Clark Addition: All of Blk-001 through 004.

Clark Addition: Blk-006, Lot 007 through 009.

Duvall's Addition: All of Blk-401.

Duvall's Addition: All of Blk-414.

Duvall's Addition: Blk-415, Lot 007 through 012.

Fultons Addition: All of Blk-024.

E. W. Gibbs Addition: All of Blk-001 through 002.

Lincoln and Zimmerman Addition: Blk-401, Lot 001 through 002.

Mccains Addition: Blk-000, Lot 00A through 00C.

Wat Worthen Addition: Blk-001, Lot 005.

Wat Worthen Addition: Blk-002, Lot 005 through 008.

Wat Worthen Addition: Blk-003, Lot 005 through 008.

Wat Worthen Addition: All of Blk-004 through 009.

Wat Worthen Addition: All of Blk-010 Mccoppins Subdivision.

Wat Worthen Addition: All of Blk-011 through 014.

Wat Worthen Addition: Blk-022 through 023.

Wrights Addition: Blk-006, Lot 001 through 003.

Wrights Addition: Blk-007 through 010, Lot 001 through 006.

Wrights Addition: All of Blk-011 through 023.

Wrights Addition: All of Blk-027 through 029.

(Ord. No. 18,064, § 1A, 7-20-99)

Central City Redevelopment Corridor ("CCRC") is depicted as exhibit "A" attached to Ordinance No. 18,064.

New construction. Construction that is characterized by the introduction of new buildings or structures.

Block face. The total of all lots within a city block facing a single given city street.

Developed block face. A block face containing developed lots which comprise fifty (50) percent or more of the block face.

(Ord. No. 18,064, § 1B, 7-20-99)

The regulations in this ordinance shall be in addition to and shall overlay all other zoning districts and other ordinances requirements regulating the development of land so that any parcel of land lying in the overlay district shall also lie within one or more of the other underlying zoning districts. Therefore, all property within this overlay district will have requirements of both the underlying and overlay-zoning district in addition to other ordinance requirements regulating the development of land. In case of conflicting standards between this ordinance and other City of Little Rock ordinances, the overlay requirements shall control.

These regulations apply to all new construction. These regulations shall not apply in areas already protected by the Capitol Zoning District and the MacArthur Park Historic District. Routine repairs, maintenance and interior alterations shall not require compliance with this section.

In order to be compatible with the established neighborhood, new construction shall comply with the following criteria. In the case of an undeveloped block face, the requirements shall relate to the adjacent block faces.

(1)

Roofline. A roof pitch of less than 4:12 shall be prohibited.

(2)

Materials. The materials of the exterior shell shall be wood, brick or a material that resembles wood.

(3)

Orientation. The orientation shall be consistent with that of other structures on the developed block face.

(4)

Entrances. The primary entrance shall be consistent with that of other structures on the developed block face.

(5)

Parking. Parking shall be prohibited in the front yard setback.

(6)

Nonresidential setbacks. Nonresidential new construction shall be sited at the front property line of the block face.

(Ord. No. 18,064, § 1C, 7-20-99)

The director of the department of planning and development shall determine compliance of all building permit requests within the boundaries of the CCRC.

(Ord. No. 18,064, § 1D, 7-20-99)

Any request to vary, alter or modify specifications of this design overlay district shall be processed as a request for a variance as per article II, division 2 of this chapter.

(Ord. No. 18,064, § 1E, 7-20-99; Ord. No. 19,713, § 1(h), 3-6-07)

The purpose of the Midtown design overlay district (district or DOD) is to create a medium-density urban neighborhood that offers people the opportunity to live, work, shop, and recreate in a compact, pedestrian-friendly environment. Retail and service commercial, office space, community services, and multifamily residential will be the primary land uses. New development and redeveloped properties are encouraged to vertically and horizontally integrate compatible residential and non-residential uses. The DOD is intended to encourage compatibility of existing and proposed land uses, the protection of established neighborhoods, and the creation of strong linkages between major developments. The goal shall be an economically healthy mixed-use neighborhood that features streetscapes, public spaces and building forms that embody a unique sense of place.

Guidelines and strategies must be in place to protect the district from the negative impact of poorly planned or incompatible projects. Incompatible development has the potential to destroy the attributes that will attract people to the District.

(Ord. No. 19,754, § 2, 5-15-07)

The district shall include lands east of McKinley to University Avenue, and south of Father Tribou to I-630; south of Lee Avenue to Markham, and east of University to the alignment of Filmore; and west of the Taylor Street right-of-way to the alignment of Filmore, two hundred (200) feet north of C Street to one hundred seventy (170) feet south of C Street; south of Evergreen to Lee Avenue, and east of University to the alignment of Grant Street; east of Filmore to Monroe, north of Markham to the alignment of A Street; and east of Monroe to Elm Street, north of Markham one hundred seventy (170) feet.

(Ord. No. 19,754, § 2, 5-15-07)

(a)

The regulations of this district shall be in addition to and shall overlay all other zoning districts and other ordinance requirements regulating the development of land so that any parcel of land lying in the overlay district shall also lie within one (1) or more of the other underlying zoning districts. Therefore, all property within this overlay district shall have requirements of both the underlying and overlay zoning districts in addition to any other provisions regulating the development of land. In case of conflicting standards between this article and other city ordinances, the overlay requirements shall control provided, that subsection 36-154(b) shall not apply to buildings with a footprint of ten thousand (10,000) square feet or less in area.

(b)

With the exception single-family or duplex uses with a zoning of R-2, R-3 and R-4, these regulations shall apply to new development; redevelopment exceeding fifty (50) percent of the structure's current replacement value; and expansion of existing development. The design guidelines shall be implemented when a permit is requested for exterior improvements on buildings or in the public right-of-way. Routine repairs, maintenance and interior alterations shall not require compliance with this section.

(c)

Uses, structures or lots which existed on the effective date of this division which do not conform to the standards and guidelines established in this division shall be treated as nonconforming according to the provisions of article III of this chapter. Nonconforming status shall not apply to construction of improvements in the public right-of-way required by the city, redevelopment or expansion of existing development.

(Ord. No. 19,754, § 2, 5-15-07)

(1)

A planned zoning district process shall be required for a new development, redevelopment exceeding fifty (50) percent of the structure's current replacement value based on its configuration at the time of the DOD's adoption, and for expansion of existing development exceeding fifty (50) percent of the structure's current gross square-footage at the time of the DOD's adoption. Routine repairs, maintenance and interior alterations to accommodate existing, expanding or new tenants within the existing building envelope shall not require compliance with chapter 36, article 10 (Midtown design overlay district). The proposed planned zoning development shall be reviewed to realize a development plan that is consistent with the purpose and intent of the Midtown design overlay.

(2)

For a new development or structure of over one hundred thousand (100,000) square feet (excluding structured parking), a mix of uses must be provided. This mix may occur either under the same roof or in adjacent structures as part of a common development. In order to be considered a mix, the new development must either:

(a)

Devote the majority of its leasable ground floor space to a secondary use (i.e., retail in a multistory office building); or

(b)

Devote ten (10) percent of the gross leasable area of a single building to the secondary use (i.e., residential on the upper levels of a multistory office, retail or institutional building); or

(c)

Devote fifteen (15) percent of the gross leasable area to a secondary use in a separate building constructed and occupied at the same time as the primary structure (i.e., a restaurant on a pad adjacent to an office building).

(3)

For a new development greater than two hundred thousand (200,000) square feet (excluding structured parking), there must be a residential component. This residential may be in the same structure or a separate structure, as long as the separate structure is part of the same overall development and the overall development is built simultaneously.

(4)

For any new development to be constructed in phases, a portion of the secondary use(s) shall be included in the initial phases.

(Ord. No. 19,754, § 2, 5-15-07)

(a)

Building form.

(1)

Facade treatment.

a.

For new construction, at least sixty (60) percent of the ground floor level facing internal pedestrian public circulation areas or streets shall be glass-windows, entry features, or displays.

b.

The primary facade of a building shall be oriented parallel with the street, or to the principal vehicular or pedestrian routes of travel whether public or private.

c.

Buildings shall maintain a distinction between upper and lower levels; any elevation greater than eighteen (18) feet in height shall contain an architectural treatment, which visually divides the structure into "stories".

d.

Wall projections or recesses a minimum of three (3) feet depth and a minimum of twenty (20) contiguous feet not to extend over twenty (20) percent of the facade shall be required. Arcades, display windows, entry areas or awnings shall exist along at least sixty (60) percent of the facade.

(2)

Entryway.

a.

Primary entrances shall be oriented to the street or to the principal vehicular or pedestrian routes of travel within a development.

b.

Buildings shall have clearly defined and visible customer entrances featuring elements such as overhangs, arcades, arches, canopies, peaked roof forms, display windows.

c.

All sides of building that face abutting public or private rights-of-way, except alleys, shall feature at least one customer entrance.

(3)

Elevations.

a.

No elevation facing an arterial or greater street shall be primarily used as a service entry or otherwise be treated as the rear of the structure.

b.

New construction wider than the one hundred (100) linear feet shall be visually massed so as to break the structure visually.

c.

Roof lines shall be varied with a change in height every one hundred (100) linear feet in building length. Parapets, mansard roofs, gable roofs, high roofs shall be used to conceal flat roofs and roof top equipment.

d.

Exterior building materials and colors shall be aesthetically pleasing and compatible with materials and colors used in neighboring developments.

I.

Predominant exterior building materials shall be of high quality materials; such as, but not limited to: brick, wood, stone, tinted, stucco, EIFS (exterior insulation finish system) concreted masonry units. Facade colors shall be low reflectant, subtle, neutral or earth tone with trim and accents brighter colors.

II.

Predominant exterior building materials shall not be smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels.

(4)

Projections (all requirements for a franchise remain in place).

a.

Objects shall not project from the building facade over the public right of way except for awnings, signs, and balconies.

b.

Awnings shall not project more than five (5) feet from the building facade and have a minimum clearance of nine (9) feet above pedestrian areas and thirteen (13) feet above vehicular areas.

c.

Balconies over the public right-of-way shall have a minimum clearance of nine (9) feet above the sidewalk. One (1) inch of projection is permitted for each additional inch of clearance above eight (8) feet, provided that no such projection shall exceed a distance of four (4) feet. Balconies shall not be supported with posts extending to the sidewalk. Mounting heights for balcony brackets shall conform to minimum clearance standards.

(5)

Small building requirement. The following criteria shall apply to any building under five thousand (5,000) square feet.

a.

Parking shall not wrap the building, but be limited to the side and rear areas.

b.

Building height shall be limited to thirty-five (35) feet.

(b)

Building height. No building hereafter erected or structurally altered shall exceed a height of sixty (60) feet, except as provided below. Structures may have a greater height as follows, and these "bonuses" may be cumulative:

Developments that provide a minimum fifteen (15) percent of the gross floor area for residential uses are entitled to add forty-five (45) feet to the structure.

(1)

Any structure that is certified by CATA (Central Arkansas Transit Authority) as providing a portion of the structure for mass transit (such as a bus stop, etc.), is entitled to add fifteen (15) feet to the structure.

(2)

Structures with a mix of uses (i.e. office, retail and/or residential), with the street-level primarily devoted to retail uses and at least fifty (50) percent of these uses having direct access to the street, is entitled to add twenty-five (25) feet to the structure; alternately, a development with an integrated parking facility substantially located within the footprint of the primary structure, is entitled to add twenty-five (25) feet to the structure.

(3)

Notwithstanding the foregoing, any structure north of Markham and east of University shall be limited to a height of thirty-five (35) feet.

(c)

Setbacks. Building setbacks from adjacent property lines and street rights-of-way shall be:

(1)

Front yard setbacks may be zero (0) feet, but will not be more than twenty (20) feet, excepting in those cases where grade changes make such setbacks impractical.

(2)

Side yard setbacks may be zero (0), except where adjacent to lots containing single-family detached structures. In this case the side yards shall have a setback of not less than four (4) feet.

(3)

Rear yard setback may be zero (0), except where adjacent to lots containing single-family detached structures. In this case the rear yard shall have a setback of not less than twenty-five (25) feet.

(d)

Driveways, sidewalks and alleys.

(1)

Driveways and circulation streets.

a.

Driveways and internal circulation streets must have lanes at least ten (10) feet in width, but not more than twelve (12) feet, excepting that width needed for bike lanes or special pedestrian accommodations.

b.

Reserved.

c.

Intersections of internal driveways or streets will be minimally controlled by stop signs, and will feature special crossway paving or treated surfaces.

d.

Access driveways running parallel to the street shall not create a four-way intersection within one hundred twenty-five (125) feet of the ultimate curb line of the public street.

e.

No more than one (1) curb cut per block face shall be permitted. Driveways and parking lot entrance-exits shall be combined and where appropriate located in alleys.

(2)

Sidewalks and pedestrian walkways.

a.

All driveways and internal streets shall have minimum five-foot sidewalks on both sides located away from the back of curb.

b.

All sidewalks fronting buildings with ground floor retail shall be at least ten (10) feet in width.

c.

Protected pedestrian walkways shall be provided through parking lots.

d.

All developments shall include as part of their site plan pedestrian linkages through parking areas and to adjacent buildings or developments.

(3)

Alleys. Alleys shall not be more than twenty (20) feet wide unless needed for emergency vehicle access. Where an alley runs along a property line, it shall be screened from the adjacent property by a permanent wall of high-quality materials compatible with neighboring buildings.

(e)

Utilities.

(1)

All new utilities for developments within the district shall be buried. All new developments shall underground all utilities on site or within adjacent public right-of-way whenever determined by the affected utility agency to be feasible.

(2)

Trash enclosures shall be located in alleys whenever available or in common service areas for multiple developments.

(3)

In all areas, service and waste removal areas shall be screened and located away from public outdoor spaces and pedestrian. Dumpster screening shall be as per 36-253.

(f)

Parking.

(1)

Parking facilities. Wherever feasible, multilevel parking structures shall be encouraged. Surface parking shall be limited to the side and rear of structures, unless grouped in quantities of fifty (50) spaces or less separated by a landscape strip no less than the minimum perimeter landscape strip as required for the property by chapter 15 of the Code [of Ordinances] or a structure from other vehicular areas and having no more than one vehicular connection to another surfacing parking area. Surface parking areas should be "broken up" or distributed around larger structures so as to shorten the distance to other buildings and public sidewalks. For corner lots, parking is allowed along the side street frontage.

(2)

Parking requirements. Parking requirements within the district shall be at least fifty (50) percent of that required by article VIII. The maximum allowed parking shall be the minimum standard established in article VIII.

(3)

Shared parking. As an alternative to subsection (f)(2) above, mixed-use developments may utilize the shared parking methodologies developed by the Urban Land Institute and published in Shared Parking (Second Edition, 2005) by Mary S. Smith, et al. A project may elect this means of determining the total parking requirement by submitting a parking demand analysis prepared by a qualified parking or traffic consultant, a licensed architect, city planner, or urban planner or civil engineer.

(4)

On-street parking. On-street parking on internal streets or circulation routes shall be allowed and may count towards the parking requirement. On-street parking is permitted either parallel, in areas in front of, or adjacent to, retail or commercial entries. Angled street (drive) parking shall not be permitted on streets (drives) that provide the development majority access. Such parking may count towards the overall project parking requirements. No on-street parking shall be allowed on University Avenue or Markham Street.

(5)

Parking in setback. No parking shall be allowed in the "front yard setback" area.

(6)

Parking garage design. Parking facilities should be designed consistent with the overall project design. Where possible, other uses—residential or commercial—should be used to "wrap" or otherwise block the view of a parking garage.

(g)

Signage. Signage shall comply with provisions of article X of except as follows:

(1)

No off-site advertising signs are permitted.

(2)

No pole-mounted signs are permitted.

(3)

Monument signs are to identify the development and be limited to seventy-two (72) square feet in area and six (6) feet in height for developments of greater than one (1) acre. For developments less than one (1) acre monument signs may be up to twenty-four (24) square feet in area and six (6) feet in height and must be as located as part of the required landscape area of the parking lot.

(4)

Signage integrated into freestanding vertical structures whose design theme and materials are directly related to the primary development may be submitted for approval under the planned zoning district process if located along University southerly of Lee. No single elevation or face of such a structure shall be more than four hundred (400) square feet.

(h)

Landscaping and public spaces.

(1)

No street buffer or landscaping shall be required along streets classified less than an arterial. When the structure is not built to the property line, landscaping is required in the area between the building and property line up to that required in chapter 15 of the Code [of Ordinances].

(2)

Land use buffers shall only be provided where single-family and duplex use or zoning is the abutting use. In those cases where a land use buffer is required, buffers shall be the same as those for multifamily uses in subsection 36-522(b)(1). In areas where terrain variation is great or other features result in the loss of privacy, alternative designs and massing shall be considered.

(3)

Common use areas and plazas shall be a minimum of three hundred (300) square feet for thirty thousand (30,000) square-foot structures. For each additional five thousand (5,000) square feet or portion thereof, a minimum of an additional fifty (50) square feet of plaza area is required.

(4)

Surface parking lots shall meet all current landscape requirements (chapter 15, article IV).

(5)

Street trees shall be a minimum of three-inch caliper and shall be two (2) feet off the back of curb, thirty (30) feet on center. The canopy shall be maintained with an eight-foot clearance. A four-foot planter strip shall be maintained.

(6)

Common use areas and plazas shall be maintained by a common authority. Attempts shall be made to maintain vegetation, trees, and bushes in undisturbed conditions to serve the aesthetic, recreational and ecological needs of the district. Trees planted in these areas shall be a minimum of two (2) inches in caliper and ten (10) feet in height.

(7)

Trees greater than fourteen (14) inches in diameter, measured at four and one-half (4.5) feet above the ground, shall be protected from removal and damages in future development of the district. Any development within fifty (50) feet of any such tree shall be reviewed prior to development to assure protective measures are included and in place.

(i)

Lighting.

(1)

The purpose of this section is to regulate the intensity of exterior lighting. The intent is to prevent light from commercial developments from excessively illuminating the property in question, other properties, or the night sky.

(2)

Only light fixtures which are categorized as full cut-off (FCO) fixtures shall be permitted. The use of fully shielded floodlights are permitted but not encouraged.

(3)

The following are specific standards for lighting intensity based upon the activities performed involved. Values are presented in allowable foot-candles (fc) maintained (measured horizontally) at grade and are to be averaged throughout the site to avoid hot spots, i.e., areas of extreme light intensity relative to the remainder of the site:

(4)

Gas station canopies shall be illuminated at a maximum luminance of thirty (30) fc and individual fixtures shall be flush mounted or have the canopy edge below the lowest light-emitting point on the fixtures. All existing gas station canopies that exceed this standard shall be made compliant within seven (7) years of the date of adoption of this article.

(5)

Up lighting may be used to illuminate a building, landscaping element or architectural feature, provided the lighting design has a maximum luminance of twelve (12) fc, measured in a vertical plane. Down lighting is preferred.

(6)

A lighting plan shall be submitted for staff review and approval prior to issuance of building permits. The plan shall contain the following information:

a.

An area lighting plan, drawn to scale, indicating all structures, parking lots, building entrances, vehicular and pedestrian traffic areas, vegetation that may interfere with lighting, and adjacent land uses that may be adversely impacted by the lighting. The plan shall contain a layout of all proposed fixtures by location, orientation, aiming direction, mounting height and type.

b.

The submission shall include, in addition to proposed area lighting, all other exterior lighting, e.g., architectural, building entrance, landscape, flagpole, sign, etc.

c.

A ten-foot × ten-foot luminance grid (point-by-point) of maintained foot-candles overlaid on the site plan plotted out to 0.0 foot-candles, which demonstrates compliance with light intensity standards.

(Ord. No. 19,754, § 2, 5-15-07; Ord. No. 20,326, § 1(k), 9-21-10)

Property, if for any reason, that cannot be developed without violating the standards of the design overlay district shall be reviewed through the PZD, planned zoning district, section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. All variances to the underlying zoning requirements shall be reviewed as per article II, division 2, Board of Zoning Adjustment.

(Ord. No. 19,754, § 2, 5-15-07; Ord. No. 21,168, § 1(f), 2-2-16)

The purpose of the Presidential Park overlay (district) is to create a quality vital atmosphere for businesses (commercial or office) and residents. Buildings, parking areas, signage, landscaping and street furnishings should all be designed to complement and encourage pedestrian use both day and evening. Proper planning is necessary to avoid visual clutter.

Guidelines and strategies must be in place to protect the district from the negative impact of poorly planned or incompatible projects. Incompatible development has the potential to destroy the attributes that will attract people to the district.

(Ord. No. 19,034, § 1A, 1-6-04)

The district shall include all parcels within the area described below: starting at Interstate 30 and the Arkansas River east along the river to one hundred fifty (150) feet east of Bond Street; thence south to 6th Street; hence west to Bond; hence south one hundred (150) feet; hence west to a line one hundred fifty (150) feet east of College Street; hence south to a line one hundred fifty (150) feet south of 9th Street; hence west to Interstate 30; hence north to the point of beginning.

(Ord. No. 19,034, § 1B, 1-6-04)

(a)

The regulations of this district shall be in addition to and shall overlay all other zoning districts and other ordinance requirements regulating the development of land so that any parcel of land lying in the overlay district shall also lie within one or more of the other underlying zoning districts. Therefore, all property within this overlay district shall have requirements of both the underlying and overlay zoning districts in addition to any other provisions regulating the development of land. In case of conflicting standards between this article and other city ordinances, the overlay requirements shall control.

(b)

These regulations shall apply to new development, redevelopment of existing buildings the cost of which exceeds fifty (50) percent of the buildings' current replacement value or expansion of existing development. The design guidelines shall be implemented when a permit is requested for exterior improvements on buildings or in the public right-of-way. Routine repairs, maintenance and interior alterations shall not require compliance with this section.

(c)

Uses, structures or lots which existed on the effective date of this ordinance which do not conform to the standards and guidelines established in this ordinance, shall be treated as nonconforming according to the provisions of article III of chapter 36, Little Rock Code of Ordinances. Nonconforming status shall not apply to construction of improvements in the public right-of-way required by the city, redevelopment or expansion of existing development.

(Ord. No. 19,034, § 1C, 1-6-04)

All landscape requirements of the base zone shall be enforced, related to location, plant size and spacing. Along Bond, 3rd, 6th, 9th, and College Streets, all the standards delineated below apply in urban use-zoned areas the street trees below apply. Any property owner, due to the spacing requirements, not required to provide a "street tree" or "street furniture" shall pay an in-lieu fee based on the percentage of frontage along the street divided by the cost of providing the required street trees and furniture in the ordinance. See schedule for base costs.

(1)

Street trees. Street trees should be:

•

Shademaster honey locust (Gleditsia triancathos inermis "shademaster");

•

Red sunset maple (Acer rubrum "red sunset");

•

Summard [Shumard] oak (Quercus shumardii).

(2)

Street furniture. Benches and receptacles shall be at a spacing of one hundred (100) feet with none closer than fifty (50) feet to the intersection.

Street furniture shall be:

•

Bench. DuMor Bench 51 or approved equivalent;

•

Receptacle. DuMor Receptacle 152 or approved equivalent.

(Ord. No. 19,034, § 1D, 1-6-04)

(1)

In order to conserve our natural resources and minimize flooding and pollution due to large amounts of impermeable surfaces, vehicular use areas may be surfaced with porous materials. Vehicle use areas that are made of porous materials must be low use, specifically may not be loading areas, primary parking areas, driveways, etc. The plans development administrator must approve any alternative surface treatment, to that described in section 36-508 at the time of building permit review.

(2)

Service and loading areas shall not be located along 3rd Street from Interstate 30 east for one thousand one hundred fifty (1,150) feet, 6th Street, Bond Street or College/College Street extension. Delivery vehicles (such as beer, soft drink, etc. trucks) may make deliveries on these streets.

(Ord. No. 19,034, § 1E, 1-6-04)

Permitted uses.

(1)

All uses in the base zone classification;

(2)

Outdoor, on-premises, seating areas for dining in UU areas.

(Ord. No. 19,034, § 1F, 1-6-04)

(a)

No building hereafter erected or structurally altered shall exceed thirty-five (35) feet in the area east of John Street.

(b)

Any development in the area between John and McLean Streets erected or structurally altered shall not exceed the base height of forty-five (45) feet; except that the height may be increased as follows:

(1)

Developments which provide a minimum 40 percent of the gross floor area for residential uses are entitled to add thirty (30) feet. If at least fifty (50) percent of the street-level office and retail space has direct access to the street, an additional fifteen (15) feet may be added to the structure. Building height in this section is cumulative not to exceed ninety (90) feet.

(Ord. No. 19,034, § 1G, 1-6-04)

Setback shall be that of the base zoning except:

(1)

Bond Street, 8th Street, 9th Street, and McLean Street south of 7th Street where all structures shall be set back fifteen (15) feet from the street right-of-way.

(2)

John Street, where all structures shall be set back twenty (20) feet from the street right-of-way.

(Ord. No. 19,034, § 1H, 1-6-04)

No surface parking is allowed along 3rd Street from I-30 east one thousand, one hundred fifty (1,150) feet, 6th Street, Bond Street and College/College Street Extension. Parking structures along these streets must either have nonvehicular uses on the first (ground) level or a false facade along the street so as to appear to be a non-vehicular use area.

(Ord. No. 19,034, § 1I, 1-6-04)

General sign regulations as per the base zoning classification except for the first two (2) floors where the following is required:

(1)

Awning valances are appropriate locations for signage, sign area not to exceed six (6) square feet of valance.

(2)

Neon illumination is permitted if channelized.

(3)

Letters shall not exceed thirty (30) inches in height.

(4)

Window signs shall not cover more than twenty-five (25) percent of each glass panel.

(Ord. No. 19,034, § 1I, 1-6-04)

Property, if for any reason, that cannot be developed without violating the standards of the design overlay district shall be reviewed through the PZD, planned zoning district, section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. All variances to the underlying zoning requirements shall be reviewed as per article II, division 2, Board of Zoning Adjustment.

(Ord. No. 19,034, § 1J 1-6-04; Ord. No. 21,168, § 1(g), 2-2-16)

The purpose of the Granite Mountain overlay (district) is to enhance the scenic quality of the corridor and to create a distinctive atmosphere that complements the Audubon Arkansas Nature Center building, outdoor nature trails, and wildlife and night sky viewing areas as well as other future development of the area. Proper planning is necessary to avoid visual clutter.

Guidelines and strategies must be in place to protect the district from the negative impact of poorly planned or incompatible projects. Incompatible development has the potential to destroy the attributes that will attract people to the district.

(Ord. No. 18,183, § 1A, 9-21-04)

The district shall include all parcels located on Springer Boulevard to a distance of three hundred (300) feet of each side of the right-of-way of Highway 365, from the city limits on the south and east to Roosevelt Road on the north and west.

(Ord. No. 18,183, § 1B, 9-21-04; Ord. No. 21,168, § 1(t), 2-2-16)

(a)

The regulations of this district shall be in addition to and shall overlay all other zoning districts and other ordinance requirements regulating the development of land so that any parcel of land lying in the overlay district shall also lie within one (1) or more of the other underlying zoning districts. Therefore, all property within this overlay district shall have requirements of both the underlying and overlay zoning districts in addition to any other provisions regulating the development of land. In case of conflicting standards between this article and other city ordinances, the overlay requirements shall control.

(b)

These regulations shall apply to new development, redevelopment of existing buildings the cost of which exceeds fifty (50) percent of the building's current replacement value or expansion of existing development. The design guidelines shall be implemented when a permit is requested for exterior improvements on buildings or in the public right-of-way. Routine repairs, maintenance and interior alterations shall not require compliance with this section.

(c)

Uses, structures or lots which existed on the effective date of this division which do not conform to the standards and guidelines established in this division, shall be treated as nonconforming according to the provisions of article III of chapter 36, Little Rock Code of Ordinances. Nonconforming status shall not apply to construction of improvements in the public right-of-way required by the city, redevelopment or expansion of existing development.

(Ord. No. 18,183, § 1C, 9-21-04)

North of the railroad crossing located south of East 30 ^th Street, the setback shall be fifteen (15) feet.

South of the railroad crossing located south of East 30 ^th Street, the setback shall be twenty-five (25) feet.

(Ord. No. 18,183, § 1D, 9-21-04; Ord. No. 21,168, § 1(u), 2-2-16)

No pole-mounted or off-premises signage is allowed.

Maximum height of monument sign—Six (6) feet.

Maximum sign area of monument sign— Thirty (30) square feet.

(Ord. No. 18,183, § 1E, 9-21-04)

All street trees shall be thirty (30) feet on center and two (2) feet off back-of-curb. Trees shall be located no closer than thirty (30) feet to a street intersection with a water source provided. Trees shall be three-inch to three and one-half-inch-caliper trees. The tree canopy shall be maintained at least eight (8) feet above the sidewalk.

(1)

North of the railroad crossing located south of East 30 ^th Street. Sidewalk shall be eight (8) feet wide and may be constructed at the curb. All walks, curbs, gutters and tree grate frames shall be concrete.

Rather than a green strip along the road, there shall be a paved "tree zone" with minimum 4 × 4 foot tree well including grate. The remaining four (4) feet are to be kept clear for pedestrian movement.

(2)

South of the railroad crossing located south of East 30 ^th Street. Pedestrian/bike path rather than sidewalk shall be constructed at the property line. Path paved width shall be eight (8) feet.

Swales along Springer Boulveard shall be at a 3:1 slope and designed to retain (hold) water during large storm events. The swale shall be vegetated with "cells" to reduce water velocity. Swale design and construction shall be reviewed and approved by the state highway department.

(3)

Plantings.

a.

Where utility poles are present.Ilex opaca (American holly), amelanchier arborea (service berry), carpinus caroliniana (American hornbeam), cornus florida (flowering dogwood), crataegus marshallii (parsley hawthorn), crategus opaca (mayhaw), crataegus viridis (green hawthorn), ilex decidera (possumhaw), ilex vomitoria (yaupon holly), or approved equivalent native species by the urban forester in consultation with the plans development administrator.

b.

Where no utility poles are present. In addition to those previously listed, celtis laevigata (sugarberry), fraxinus pennsylvanica (green ash), platenus occidentalis (American sycamore), quercus falcata (southern red oak), quercus nigra (water oak), quercus phellos (willow oak), quercus shumardii (Shumard oak), pinus taeda (loblolly pine), nyssa sylvatica (blackgum), cercis canadensis (redbud), or approved equivalent native species by the urban forester in consultation with the plans development administrator.

(Ord. No. 18,183, § 1F, 9-21-04; Ord. No. 21,168, § 1(v), 2-2-16)

(a)

In order to conserve our natural resources and minimize flooding and pollution due to large amounts of impermeable surfaces, vehicular use areas may be surfaced with porous materials. Vehicular use areas that are made of porous materials must be low use, specifically may not be loading areas, primary parking areas, driveways, etc. The plans development administrator must approve any alternative surface treatment, to that described in section 36-508 at the time of building permit review.

(b)

Surface parking is to be located behind or adjacent to the structure, never between the building and abutting street. Service/loading areas shall not be located facing Springer Boulevard. They shall be designed on the side or rear of buildings.

(Ord. No. 18,183, § 1G, 9-21-04; Ord. No. 21,168, § 1(w), 2-2-16)

A lighting plan shall indicate the location, type, intensity, and height of luminaries including both building and ground-mounted fixtures. The lighting plan shall be reviewed using national accepted dark-sky principals. The plan shall include the description of the luminaries, including lamps, poles or other supports and shielding devices, which may be provided as catalogue illustrations from the manufacturer.

(1)

Lighting shall be shielded so as to direct light below a horizontal plane running through the lowest point on the fixture where light is emitted.

(2)

Fixtures shall be high intensity type such as high pressure sodium.

(3)

Maximum height for mounting lighting fixture shall be twenty (20) feet.

(Ord. No. 18,183, § 1H, 9-21-04)

Property, if for any reason, that cannot be developed without violating the standards of the design overlay district shall be reviewed through the PZD, planned zoning district, section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. All variances to the underlying zoning requirements shall be reviewed as per article II, division 2, Board of Zoning Adjustment.

(Ord. No. 18,183, § 1I, 9-21-04; Ord. No. 21,168, § 1(h), 2-2-16)

The purpose of a Hillcrest design overlay district (district) is to help maintain the built environment in a neighborhood that is rich in history and architectural character and consists of both a vital residential area and a thriving commercial sector. In order to preserve and enhance those qualities, compatible design and scale of buildings, parking areas, signage, landscaping, streetscapes, and street furnishings are required such that the friendly, pedestrian-oriented, "small-town" nature of the neighborhood is continued.

Through additional guidelines for buildings, the district intends to prevent incompatible and poorly planned projects from having a negative impact on Hillcrest's unique character and its living and working environment. Such incompatible construction has the potential to destroy the very attributes that have attracted people to the neighborhood since its beginning as Little Rock's first "suburb" in the 1890s, and more recently during its resurgence since the 1960s.

(Ord. No. 20,223, § 2, 3-2-10)

Floor area ratio (FAR). The total area of all enclosed spaces on all floors of the principal structure as measured to the outside surfaces of the exterior walls and including halls, stairways, elevator shafts, and attached garages divided by the area of the lot.

Attached unfinished spaces such as storage areas, floored attics and above ground basements, shall be included as part of the permitted floor area at fifty (50) percent of the measured area.

Crawlspaces or similar spaces that must be accessed from outside the main structure, unenclosed porches, decks, and attached carports that are open on at least two (2) sides are excluded from the permitted floor area.

Grade plane. A reference plane representing the average of finished ground level adjoining the building at exterior walls. The reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six (6) feet from the building, between the building and a point six (6) feet from the building. A minimum of four (4) points, each from a different side of the building, shall be used in this calculation.

Lot coverage. The area of a lot covered by a building or buildings expressed as a percentage of the total lot area. All buildings or structures that have a roof are counted toward the total. Decks, driveways, patios, arbors, trellises, and other structures that do not have a roof are not counted toward the total.

(Ord. No. 20,223, § 2, 3-2-10)

A.

The regulations of this district shall be in addition to and shall overlay all other zoning districts and other ordinance requirements regulating the development of land so that any parcel of land lying in the overlay district shall also lie within one (1) or more of the other underlying zoning districts. Therefore, all property within this overlay district shall have requirements of both the underlying and overlay zoning districts, in addition to any other provisions regulating the development of land. In case of conflicting standards between this article and other city ordinances, the overlay requirements shall control.

B.

These regulations shall apply to new development and redevelopment exceeding fifty (50) percent of the structure's current replacement value or expansion of existing development. These regulations shall apply to new development, expansion of existing development, when a permit is requested for exterior improvements on buildings, and private improvements located in the public right-of-way. Private improvements in the public right-of-way may include, but [are] not limited to: awnings, benches, and flagpoles. Routine repairs, maintenance, and interior alterations shall not require compliance with this section.

C.

Uses, structures, or lots that existed on the effective date of this ordinance, July 17, 2007, which do not conform to the standards and guidelines established in this division, shall be treated as nonconforming according to the provisions of article III. Nonconforming status shall not apply to construction of improvements in the public right-of-way required by the city, redevelopment, or expansion of the existing development.

D.

The following guidelines shall apply to both residential and nonresidential types of structures. In the case of multiuse structures, the applicant shall conform to section 36-434.15, the multifamily—nonresidential developments.

E.

Churches and schools, regardless of underlying zoning shall conform to section 36-434.15. Multifamily—Nonresidential developments. All other properties which require conditional use permits and special use permits on residentially zoned land shall conform to section 36-434.14, Single-family and two-family development.

(Ord. No. 20,223, § 2, 3-2-10)

The district shall include all parcels within the area bounded as follows, less that area within the Midtown DOD (chapter 36, article V, division 10):

Starting at the southwest corner of the Arkansas School for the Blind (with Markham), thence west along Markham to University Avenue, thence north along University Avenue to "H" Street, thence east along "H" Street to Fillmore, thence north along Fillmore Street to "L" Street, thence east along "L" Street to Kavanaugh Boulevard, thence south along Kavanaugh Boulevard to North Lookout Street, thence east along North Lookout (southern boundary of Allsop Park (north)), thence east and south along the north and west boundary of Doyle Place Addition to Allsop Park (south), thence south and west along said boundary to Cedar Hill Road, thence southwest along Cedar Hill Road to a point approximately two hundred fifty (250) feet west of Cedar Hill Circle, thence south approximately two hundred (200) feet, thence north east parallel to Oakwood Road approximately seven hundred (700) feet, thence south to a point two hundred (200) feet north of "I" Street, thence east parallel to "I" Street and Edgerstoune Lane approximately one thousand six hundred (1,600) feet, thence south approximately two hundred (200) feet to Ozark Point Water Treatment Plant, thence east, south and west along the boundary of the Ozark Point Water Treatment Plant to Arkansas School for the Blind, thence south along the western boundary of the Arkansas School for the Blind to Markham the point of beginning.

(Ord. No. 20,223, § 2, 3-2-10)

The residential regulations shall apply to single-family and two-family developments R-2, R-3, and R-4 residential zoned land within the district boundaries. Although the overlay district does not regulate the style and character of Hillcrest housing, new construction and additions should be respectful of the prevailing styles of the neighborhood. The compatible design of housing contributes to the richness of the history and architectural character of Hillcrest.

A.

Scale. Floor-to-area ratio is abbreviated as FAR.

Lot sizes of less than eight thousand (8,000) square feet.

* For residential structures with one (1) floor, the FAR shall be 0.37;

* For residential structures with two (2) floors, the FAR shall be 0.50;

* For residential structures with more than two (2) floors, i.e. built-out attics, the FAR shall be .55.

Lot sizes of eight thousand (8,000) square feet or more.

* For residential structures with one (1) floor, the FAR shall be 0.37;

* For residential structures with more than one (1) floor, the FAR shall be 0.50.

The purchase of an adjoining lot shall not allow a proportionate increase in the size of the building in all cases. For the purposes of computing the FAR, lot sizes of more than ten thousand (10,000) square feet shall use a maximum lot size in the calculations of ten thousand (10,000) square feet. Any lot of record or any combination of lots creating a zoning lot of record exceeding ten thousand (10,000) square feet in existence at the time of the adoption of this section shall have an FAR as described for lots exceeding eight thousand (8,000) square feet.

B.

Mass. Maximum lot coverage for all structures under roof shall not exceed fifty (50) percent. For lots of four thousand five hundred (4,500)square feet or less, maximum lot coverage for all structures under roof shall not exceed sixty (60) percent.

C.

Setbacks. All setbacks shall be as required for the zoning district, except as follows:

1.

The minimum front yard setback for new principal structures or additions to principal structures in the R-2, R-3, and R-4 zoning districts shall be fifteen (15) feet in all instances.

2.

Front yard and side yard setbacks on existing and proposed buildings shall be measured from twelve (12) inches above grade on the closest vertical surface measured to the property line.

3.

Front yard setbacks for structures on interior lots: The front yard setback for the principal structure shall be aligned with the average of the current setbacks of the adjoining residential structures within ten (10) percent variance, but no structure may be within the minimum fifteen (15) foot front setback as established in this section.

4.

If adjoining structure(s) or the average of the adjoining structure(s) is encroaching into the minimum fifteen (15) foot front yard setback as set forth in this section or the minimum street side yard setback as stated elsewhere in this chapter, the building shall be built to the minimum front yard and/or the street side yard setback line.

5.

Additions to the side of a principal structure on an interior lot line shall not be subject to the front yard setback ten (10) percent variance rule if the addition does not extend in front of the main wall of the existing structure towards the front property line.

6.

Front and street side yard setbacks for structures on corner lots: The front yard setback shall be within ten (10) percent of the adjoining residential principal structure and the street side yard setback shall be within ten (10) percent of the adjoining residential principal structure but no structures shall be built within the minimum front or side yard setbacks.

7.

Additions to the rear of the principal structure on a corner lot shall not be subject to the side yard setback ten (10) percent variation rule if the addition does not extend in front of the main wall of the structure towards the street side property line.

8.

When determining front or side yard setbacks on a structure that is oriented differently than all other structures on the block face, the front yard setback shall be fifteen (15) feet and the side yard setback shall be ten (10) percent of the lot width not to exceed eight (8) feet.

9.

Accessory buildings setbacks and separations shall be as permitted in 36-156 (Height and area exceptions).

D.

Accessory building coverage. Accessory building coverage within the twenty-five-foot setback from the rear property line shall be no more than forty (40) percent of the area in that section.

E.

Building height and ridge-line elevations. Maximum building height shall be thirty-nine (39) feet, measured from the "grade plane" to the ridge-line of the highest roof surface. In addition, new buildings and additions shall be constructed to an elevation that is within one story of the adjacent residential structures.

(Ord. No. 20,223, § 2, 3-2-10)

The multifamily and nonresidential developments regulations shall apply to all zoning districts except R-2, R-3 and R-4 within the district, and shall apply to all churches and schools, regardless of underlying zoning within the district.

A.

Building form. New and renovated buildings (more than fifty (50) percent exterior surface area altered) shall be compatible with existing scale, setbacks, and mass of the buildings in the immediate area (e.g., along Kavanaugh Boulevard most buildings have minimum setbacks from the street, whereas along Beechwood the former residences have setbacks with yards).

1.

Facades. Street-level facades shall reflect the same building materials as existing commercial buildings in the one-block area adjacent to and across from the location. Predominant exterior building materials may be any standard material, except corrugated or ribbed materials, smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels.

2.

Setbacks. Setbacks from street and alley shall meet current code requirements, except setbacks may align with surrounding structures.

Front-yard setbacks on Kavanaugh Boulevard between Rose Street and L Street shall not exceed ten (10) feet. A minimum of fifty (50) percent of the front facade must be constructed along this line. Front yard and side yard setback on existing and proposed buildings shall be measured from twelve (12) inches above grade on the closest vertical surface measured to the appropriate property line.

3.

Height. Maximum building height shall be thirty-nine (39) feet, measured from the "grade plane" to the ridge line of the highest roof surface or parapet wall.

4.

Building form.

(a)

Wall projections or recesses a minimum of three (3) feet depth and a minimum of twenty (20) contiguous feet not to extend over twenty (20) percent of the facade shall be required. Arcades, display windows, entry areas or awnings shall exist along at least sixty (60) percent of the facade.

(b)

Buildings shall maintain a distinction between upper and lower levels; any elevation greater than eighteen feet in height shall contain an architectural treatment, which visually divides the structure into "stories".

(c)

Roof lines shall be varied with a change in height every one hundred (100) linear feet in building length. Parapets, mansard roofs, gable roofs, high roofs shall be used to conceal flat roofs and roof top equipment.

B.

Parking.

1.

Standard parking requirements. Parking requirements within the district shall be fifty (50) percent of that required by article VIII. The maximum parking allowed for this district shall be the minimum standard established in article VIII. Multifamily developments or mixed-use developments that contain residential units must provide the minimum number of parking spaces as required in section 36-502 for those residential units. All other parking for the mixed-use facility may develop at the requirements stated in this division.

2.

Off-site parking. Where on-street parking is allowed it shall be credited toward the parking requirements at a rate of one (1) space per ten (10) linear feet of street frontage. Parking spaces within a common parking facility may be counted toward the parking requirements of any development. The total number of parking spaces within the common parking facility shall not be less than the sum of requirements for the various individual uses utilizing the facility.

3.

Parking facilities. Surface parking shall be limited to the side and rear of structures. No parking shall be allowed in the "front yard" setback. Surface parking is to be located behind or adjacent to a structure, never between the building and any abutting street.

Any parking structure shall be required to have active uses on the street level other than parking (such as quiet office, or neighborhood retail uses).

C.

Utilities and services. All new developments are required to place utilities and cabled services in subterranean locations from the pole to the structure.

D.

Signage. Permitted signs shall be as in section 36-553, Signs permitted in institutional and office zones. On the street level, the maximum area of signage may be doubled if at least fifty (50) percent of the street-level office and retail space has direct access to the street.

The highest point on any commercial sign attached to the building shall not exceed the corresponding building's height.

* Freestanding commercial signs may not exceed eighteen (18) feet in height.

* Neon-lit signs greater than thirty (30) square feet are prohibited.

* Off-premises signs are prohibited.

E.

Lighting.

1.

The purpose of this section is to regulate the intensity of exterior lighting. The intent is to prevent light from commercial developments from excessively illuminating the property in question, other properties, or the night sky.

2.

Only light fixtures that are categorized as full cut-off (FCO) fixtures shall be permitted. The use of fully shielded (FCO) floodlights are permitted but not encouraged.

3.

The following are specific standards for lighting intensity based upon the activities performed involved. Values are presented in allowable footcandles (fc) maintained (measured horizontally) at grade and are to be averaged throughout the site to avoid hot spots, i.e.; areas of extreme light intensity relative to the remainder of the site:

4.

Gas station canopies shall be illuminated at a maximum luminance of thirty (30) fc and individual fixtures shall be flush-mounted or have the canopy edge below the lowest light-emitting point on the fixtures.

5.

Up lighting may be used to illuminate a building, landscaping element or architectural feature, provided the lighting design has a maximum luminance of twelve (12) fc, measured in a vertical plane. Down lighting is preferred.

6.

A lighting plan shall be submitted for staff review and approval prior to issuance of building permits. The plan shall contain the following information:

(a)

An area lighting plan, drawn to scale, indicating all structures, parking lots, building entrances, vehicular and pedestrian traffic areas, vegetation that may interfere with lighting, and adjacent land uses that may be adversely impacted by the lighting. The plan shall contain a layout of all proposed fixtures by location, orientation, aiming direction, mounting height and type.

(b)

The submission shall include, in addition to proposed area lighting, all other exterior lighting, e.g., architectural, building entrance, landscape, flagpole, sign, etc.

(c)

A ten-foot luminance grid (point by point) of maintained foot-candles overlaid on the site plan plotted out to 0.0 footcandles, which demonstrates compliance with light intensity standards.

(Ord. No. 20,223, § 2, 3-2-10)

Property, if for any reason, that cannot be developed without violating the standards of the Hillcrest Design Overlay District shall be reviewed through the planned zoning district (PZD) section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. All variances to the underlying zoning requirements shall be reviewed as per article II, division 2, Board of Zoning Adjustment.

(Ord. No. 20,223, § 2, 3-2-10; Ord. No. 20,942, §§ 1, 2, 10-21-14)

(a)

Purpose and intent. The purpose of the Central High Neighborhood Design Overlay District (district) is to create a quality vital atmosphere for businesses (commercial or office) and residents through protecting the historical architectural integrity and sense of place of the district, by encouraging historic rehabilitation of existing structures, and in-fill development which is fully compatible with existing, historic building stock. Buildings, parking area, signage, landscaping, and street furnishings should all be designed to complement and encourage pedestrian use both day and evening. Proper planning is necessary to ensure visual clutter is avoided.

Guidelines and strategies must be in place to protect the district from the negative impact of poorly planned or incompatible projects. Incompatible development has the potential to destroy the attributes that will attract people to the district.

(b)

District boundaries. The district shall include all parcels within the area as described: Starting at the intersection of W 12th Street and South Woodrow Street, east along the centerline of W 12th Street to the intersection of South Schiller Street, thence south along the centerline of South Schiller Street to the intersection of W Daisy L Gatson Bates Drive, thence east along the centerline of W Daisy L Gatson Bates Drive to the intersection of Dr. Martin Luther King Jr. Drive, thence south along the centerline of Dr. Martin Luther King Jr. Drive to the intersection of W 17th Street, thence west along the centerline of W 17th Street to the center line of South Woodrow Street, thence north along the centerline of South Woodrow Street to the point of beginning.

Less and except:

All properties bounded by W Daisy L Gatson Bates Drive on the north, Park Street on the east, West 16th Street on the south and Jones Street on the west; and Park Addition Block 7 Lots 1, 2 and 12; and Park Addition Block 6 Lots 4—9; and that part of Dennison Street located between 13th Street and W Daisy L Gatson Bates Drive; and

All of Lots 15, 16, I7, and part of Lots 10 and 11, lying East of the Union Pacific Railroad right-of-way (Formerly Chicago, Rock Island and Pacific Railroad Company) and all of Lots 12, 13 and 14, less and except the North 35.00 feet and all that part of the South half of the closed East-West Alley lying North of Lots 10 and 11, all lying in Block 11, Worthern & Browns Addition, Little Rock, Pulaski County, Arkansas, more particularly described as follows:

Beginning at the Southeast corner of said Lot 17, Block 11; thence West along the South line of Lots 17, 16, 15, 14, 13, 12 and 11, said Block 11, 342.40 feet to a point 10 feet Easterly of, as measured at right angles to the center line of the Union Pacific Railroad Company's most Easterly sidetrack; thence Northerly on a straight line 10 feet Easterly of and parallel to the center line of the tangent portion of said sidetrack, 152.93 feet to the centerline of the closed East-West Alley; thence East along said centerline, 71.80 feet to a point on the East line of said Lot 11 extended; thence South along said extended line of Lot 11, 45.20 feet; thence East along a line 35.00 feet South and parallel to the center line of said closed East-West alley, 150.00 feet to a point on the East line of said Lot 14; thence North along said East line, 35.00 feet to the Northeast corner of said Lot 14; thence East along the South line of said Closed East-West alley and the North line of said Lots 15, 16 and 17, 150.00 feet to the Northeast corner of said Lot 17; thence South along the East line of said Lot 17, being the West right-of-way line of Jones Street, 140.00 feet to the point of beginning.

(Ord. No. 20,180, § 1, 10-20-09)

Block face. The total of all lots within a city block facing a single given city street.

Developed block face. A block face containing developed lots which comprise fifty (50) percent or more of the block face.

Driveway. A designated gravel or paved vehicular path that leads from the public or private street to a permanent parking location, i.e.; a parking pad, carport, garage, etc., on private property.

New construction. Construction that is characterized by the introduction of new buildings or structures.

Undeveloped block face. A block face containing developed lots which comprise less than fifty (50) percent of the block face.

(Ord. No. 20,180, § 1, 10-20-09)

(a)

The regulations in this division shall be in addition to and shall overlay all other zoning districts and other ordinances requirements regulating the development of land so that any parcel of land lying in the overlay district shall also lie within one (1) or more of the other underlying zoning districts. Therefore, all property within this overlay district will have requirements of both the underlying and overlay zoning district in addition to other ordinance requirements regulating the development of land. In case of conflicting standards between this division and other city ordinances, the overlay requirements shall control.

(b)

These regulations shall apply to new development and also to expansion or redevelopment if the expansion or redevelopment exceeds fifty (50) percent of the structure's assessed value according to the county tax assessor but not including land value. In order to be compatible with the established neighborhood, new construction and landscaping shall comply with the following criteria. In the case of an undeveloped block face, the requirements shall relate to the adjacent block faces.

(c)

Applicants for building permits to redevelop existing structures in the district shall state on their application the expected value of interior and of exterior improvements to the structure. Before a building permit is issued for more than one thousand dollars ($1,000.00) in exterior improvements to a structure, the permit shall be reviewed pursuant to section 36-434.28 by the department of planning and development to determine whether the total of proposed improvements are likely to exceed fifty (50) percent of the value of the structure, and thus trigger application of the design guidelines in this regulation.

(d)

Uses, structures or lots which existed on the effective date of this division which do not conform to the standards and guidelines established in this division, shall be treated as nonconforming according to the provisions of article III. Nonconforming status shall not apply to construction of improvements in the public right-of-way required by the city, redevelopment, or expansion of existing development.

(e)

Routine repairs, maintenance and interior alterations shall not be subject to these regulations. Regular maintenance shall be defined as maintenance or repair of any exterior architectural feature which does not change but simply upgrades a structure, including, but not limited to: repainting, replacing deteriorated porch flooring, stairs, siding or trim in the same material and texture, or replacing screens, gutters or downspouts. Regular maintenance does not involve a change in design, material, or outer appearance of any architectural feature. In the event of a dispute, to determine routine maintenance that does not require compliance with this section, the department of planning and development shall follow guidelines established by the Little Rock Historic District Commission for routine maintenance that does not require HDC review.

(f)

To encourage owners of properties in the district to return them as much as possible to their original, historic appearance when built, the director of the department of planning and development shall promptly approve building permit requests within the boundaries of the district to return properties as near as possible to their appearance when built. To determine this, the director shall rely upon advice from the Department of Arkansas Heritage or staff of the Little Rock Historic District Commission.

(g)

Demolitions shall not be subject to these regulations.

(h)

Properties with conditional use permits on nonresidentially zoned land, churches, and schools, regardless of underlying zoning, shall conform to section 36-434.30, New construction and additions or modifications to existing structures on multifamily or nonresidentially zoned land. All other properties with conditional use permits and special use permits on residentially zoned land shall conform to section 36-434.29, New construction and additions or modifications to existing structures on single-family or two-family zoned land section.

(Ord. No. 20,180, § 1, 10-20-09)

The director of the department of planning and development shall determine compliance of all building permit requests within the boundaries of the HN district.

(Ord. No. 20,180, § 1, 10-20-09)

In order to be compatible with the historic nature of the neighborhood, new construction and additions to existing structures shall comply with the following criteria. plans for new construction, additions and modifications which are subject to this ordinance shall be submitted to the department of planning and development. The department will review plans for consistency with the detailed requirements of this ordinance and consistency with the historic nature of the district. In the case of an undeveloped block face, the requirements shall relate to the adjacent block faces.

(a)

Roofs. A roof pitch of less than 8:12 shall be prohibited. Decorative roof features such as metal cresting, tile ridge caps, or other ornamentation shall be reinstalled when roofing or doing roof repairs. Tile roofs shall be preserved.

(b)

Materials. The materials of the exterior shell shall be wood, brick, other masonry, or a material that resembles wood (i.e., vinyl siding, etc.)

(c)

Orientation. The orientation shall be consistent with that of other structures on the developed block face.

(d)

Entrances. The primary entrance shall be consistent with that of other structures on the developed block face.

(e)

Setback. The front yard setback for all R-2 and R-3 single-family and R-4 two-family district shall be fifteen (15) feet. All other setbacks shall be as prescribed by the property's zoning district.

(f)

Parking in residentially zoned districts. No off-street parking pads are allowed between the front of the principal structure and a public street. Surface parking is to be located behind or adjacent to a structure. Driveways are permitted to be installed in the front yard setback, but not between the principal structure and a public street. Parking pads, as used in this section, are to be defined as permanent surfaces of concrete, asphalt, modular pavers, masonry, gravel or other permanent surfaces to be used for the purpose of parking or storage of vehicles.

(g)

[Detached garages, carports.] Detached garage and carport locations shall be located to the rear or the principal structure and shall not be located in the front setback. Attached garages must have garage door openings that face side streets, interior lot lines, or alleys.

(h)

Accessory buildings. Accessory building coverage within the twenty-five-foot setback from the rear property line shall be no more than forty (40) percent of the area in that section. Accessory building setbacks shall be as per chapter [sections] 36-254 and 36-256.

(i)

Porches. Residential structures must have a front porch that is a passageway from the street to the front door of the unit(s) on new residential construction and additions/modifications to the front facade of existing residential structures.

(j)

[Mechanical service equipment.] Mechanical service equipment (including, but not limited to, air conditioner condensing units, transformers, solar collectors, satellite dishes, etc.) shall be located in the rear yards or on a rear-facing roof.

(Ord. No. 20,180, § 1, 10-20-09)

In order to be compatible with the historic nature of the neighborhood, new construction and additions to existing structures shall comply with the following criteria. Plans for new construction, additions, and modifications which are subject to this division shall be submitted to the department of planning and development. The department will review plans for consistency with the detailed requirements of this division and consistency with the historic nature of the district. In the case of an undeveloped block face, the requirements shall relate to the adjacent block faces.

(1)

Orientation. The primary facade of a nonresidential building shall face the principal street. The principal streets, as referred to in this section, shall refer to the street having the highest classification according to the city master street plan. Buildings located on corner lots shall have the same orientation as adjacent nonresidential structures.

(2)

Ground-level facade. For new construction, at least sixty (60) percent of the ground-floor level facing pedestrian public circulation areas shall be glass windows and/or displays.

(3)

Nonresidential building setback. All commercially and office zoned properties within the boundaries of this district shall have a ten-foot front setback with building sited at the front setback property line. Properties on street corners shall be sited on the property lines ten (10) feet off the property lines abutting the street corner. There shall be a five-foot side yard setback from residentially zoned properties, zero-foot side yard setback from nonresidentially zoned property and rear yard setback of twenty-five (25) feet.

(4)

Drive-through facilities. No drive-through facilities shall be permitted on front facades of buildings. Buildings which are on a corner shall be considered to have two (2) front facades. Drive-through facilities are permissible on side or rear facades.

(5)

Roofs. Flat roofs and pitched roofs are permitted. Rooflines should follow predominant style of the adjacent buildings.

(6)

Materials:.The materials of the exterior shell shall be brick, other masonry, wood, or a material that resembles wood (i.e., vinyl siding, etc.).

(7)

Standard parking requirements. Parking requirements within the district shall be fifty (50) percent of that required by article VIII.

(8)

Maximum parking. The maximum parking allowed shall be the minimum standard established in article VIII.

(9)

Parking facilities. Surface parking shall be limited to the side and rear of structures. No parking shall be allowed in the front-yard setback. Parking structures shall have ground-level uses devoted to nonvehicular activities. Development of ground-level retail or office uses is encouraged.

(Ord. No. 20,180, § 1, 10-20-09)

All public streets and drives shall have five-foot sidewalks on both sides of the vehicular area for nonresidentially zoned property. All residentially zoned property shall have four-foot sidewalks on both sides of the vehicular area.

(Ord. No. 20,180, § 1, 10-20-09)

(a)

All new utilities for developments within the district shall be buried. All new developments are required to place utilities and cabled services in subterranean locations from the pole to the structure.

(b)

Dumpster delivery and waste removal areas shall be located in alleys where available or in common service areas for multiple developments.

(c)

In all areas, service and waste removal areas shall be screened and located away from public outdoor spaces and pedestrian areas. Dumpster screening as per section 36-253.

(Ord. No. 20,180, § 1, 10-20-09)

The regulations in this subsection shall apply to all development and redevelopment in the district.

(1)

Land use buffers shall be as provided in subsection 36-522(b)(1). In areas where terrain variation is great or other features result in the loss of privacy, alternative designs and massing shall be considered.

(2)

Parking lots shall meet all current landscape requirements (chapter 15, article IV) when development or redevelopment occurs as stated above. Variances from this provision will be heard by the city beautiful commission.

(3)

Trees greater than fourteen (14) inches in diameter, measured at four and one-half (4½) feet above the ground, shall be protected from removal and damages in future development of the district. Any development within fifty (50) feet of any such tree shall be reviewed prior to development to assure protective measures are included and in place. Tree removal can only be done if approved by the city's urban forester. Penalties for violations shall be a listed in section 1-9. For trees in the public right-of-way, see section 15-51.

(4)

Planting of trees in areas void of shade and canopy will be conducted as follows. Tree species will be selected based on its mature size, growth, habit, and optimal site requirements. In any development that requires compliance with the provisions of this district, at least two (2) trees shall be planted in the front yard setback. Trees shall be selected from the list of appropriate trees listed in chapter 15.

(5)

Ensure that tree plantings do not interfere with above or below ground utilities, obstruct views at intersections, or cause other public safety concerns.

(6)

Trees planted on public lands shall be at least two (2) inches in caliper and ten (10) feet in height.

(7)

The city's urban forester shall advise about tree selection, planting guidelines, and tree placement.

(8)

Trees planted in tree grates or in cutouts within sidewalks shall have a minimum of thirty-six (36) square feet area. Tree pits shall be excavated to a depth of a minimum of eighteen (18) inches and backfilled with topsoil.

(Ord. No. 20,180, § 1, 10-20-09)

Property, if for any reason, that cannot be developed without violating the standards of the design overlay district shall be reviewed through the PZD, planned zoning district, section of the zoning ordinance, with the intent to devise a workable development plan which is consistent with the purpose and intent of the overlay standards. All variances to the underlying zoning requirements shall be reviewed as per article II, division 2, Board of Zoning Adjustment.

(Ord. No. 20,180, § 1, 10-20-09; Ord. No. 21,168, § 1(i), 2-2-16)

(a)

The purpose of the John Barrow Design Overlay District is to enhance the quality of the corridor to encourage development and redevelopment along the corridor. Proper planning is necessary to avoid visual clutter.

(b)

Guidelines and strategies must be in place to protect the district from the negative impact of poorly planned or incompatible projects. Incompatible development has the potential to destroy the attributes that will attract people to the district.

(Ord. No. 20,867, § 1, 5-6-14)

The district shall include all parcels located on John Barrow Road to a distance of three hundred (300) feet of each side of the right-of-way, from Markham Street on the north to Colonel Glenn Road on the south.

(Ord. No. 20,867, § 1, 5-6-14)

(a)

The regulations of this district shall be in addition to and shall overlay all other zoning districts and other ordinance requirements regulating the development of land so that any parcel of land lying in the overlay district shall also lie within one (1) or more of the other underlying zoning districts. Therefore, all property within this overlay district shall have requirements of both the underlying and overlay zoning districts in addition to any other provisions regulating the development of land. In case of conflicting standards between this division and other city ordinances, the overlay requirements shall control.

(b)

With the exception single-family uses with a zoning of R-2 or R-3 (where there is no home occupation), these regulations shall apply to new development, redevelopment of existing buildings the cost of which exceeds fifty (50) percent of the building's current replacement value or expansion of existing development. The design guidelines shall be implemented when a permit is requested for exterior improvements on buildings or in the public right-of-way. Routine repairs, maintenance and interior alterations shall not require compliance with this section.

(c)

Uses, structures or lots which existed on the effective date of this division which do not conform to the standards and guidelines established in this division, shall be treated as nonconforming according to the provisions of article III of chapter 36, Little Rock Code of Ordinances. Nonconforming status shall not apply to construction of improvements in the public right-of-way required by the city, redevelopment or expansion of existing development.

(Ord. No. 20,867, § 1, 5-6-14)

Any freestanding sign on the premises shall be monument style no more than ten (10) feet in height and consistent with other standards of article X of chapter 36 (Signs).

(Ord. No. 20,867, § 1, 5-6-14)

Building materials. Facades facing John Barrow Road may be any standard material, except corrugated or ribbed metal materials.

(Ord. No. 20,867, § 1, 5-6-14)

Electric fences and the use of barbed, concertina wire or other types of wire specifically designed to inflict injury upon human contact are prohibited. Chain-link fencing is prohibited from the building facade to John Barrow Road. Chain-link fencing on other portions for the site is to be vinyl coated.

(Ord. No. 20,867, § 1, 5-6-14)

Service/loading and waste/dumpster areas shall not be located within the front setback facing John Barrow Road or between the building and John Barrow Road or side streets on corner lots. They shall be located to the side or rear of buildings and shall be screened to comply with the provisions of this chapter.

(Ord. No. 20,867, § 1, 5-6-14)

Any request to vary, alter or modify specifications of this design overlay district shall be processed as a request for a variance as per article II, division 2 of this chapter.

(Ord. No. 20,867, § 1, 5-6-14)

The purpose of the Pine/Cedar Street overlay is to implement the vision for a more walkable, vibrant Pine/Cedar Street area with a mix of uses by: coordinating public and private investments for the greatest effect; providing better pedestrian connectivity; and creating equitable, sustainable, and affordable development options. The goal is to promote a more functional and attractive community through the use of recognized urban design principles and to allow property owners flexibility in land use, while prescribing a higher level of detail in building design and form than in the current standards of the Zoning Ordinance of the City of Little Rock, Arkansas. The standards in this overlay are intended to encourage better functional urbanism to create higher quality pedestrian environments along most streets.

(Ord. No. 21,238, § 2, 5-17-16)

The boundaries of the Pine/Cedar Street Overlay are Interstate 630 on the north, 14 ^th Street on the south, Maple Street on the west and Lewis/Bishop Warren Drive on the east.

(Ord. No. 21,238, § 3, 5-17-16)

The plan for the Pine/Cedar Street Overlay 2016 (attached to Ord. No. 21,238 as Exhibit A and incorporated herein by reference) is hereby added as Exhibit A to the Little Rock Zoning Ordinance (chapter 36).

(Ord. No. 21,238, § 4, 5-17-16)

(a)

Purpose and intent. The purpose of the heights landscape design overlay district (district) is to restore the tree canopy along the streets where new residential construction and expansions of residential structures have decreased or created voids in the tree canopy.

(b)

District boundaries. The district shall include all parcels within the area designated in Exhibit A and described as: A part of Sections 29, 30, 31, and 32 all in Township 2 North, Range 12 West and a part of Sections 25 and 26 all in Township 2 North, Range 13 West, Pulaski County, Arkansas, being more particularly described as follows: Beginning at the centerline intersection; of North University Avenue and Evergreen Street; thence north along the centerline of North University Street to the centerline intersection of Cantrell Road; thence west along the centerline of Cantrell Road to the centerline intersection of North Hughes Street; thence north along the centerline of North Hughes Street to an extension of the north boundary of Betswood Subdivision; thence easterly along said north boundary of Betswood Subdivision to the northeast corner of Tract B Betswood Subdivision; thence southerly along the east boundary of Tract B Betswood Subdivision extended to a point on the centerline of Perryville Road; thence easterly along the centerline of Perryville Road to the centerline intersection of North McKinley Street; thence north along the centerline of North McKinley Street to the centerline intersection of Hawthorne Road; thence east along the centerline of Hawthorne Road to the centerline of University Avenue; thence north along the centerline of University Avenue to Brentwood Road; thence west along the centerline of Brentwood Road to an extension of the west boundary of the Mountain Home Subdivision; thence north along the western boundary of the Mountain Home Subdivision extended to a point on the centerline of Longwood Road; thence east along the centerline of Longwood Road extended to the west boundary of the South West ¼ North West ¼ of Section 30, Township 2 North, Range 12 West; thence north along the west line of T2N R12W Sec 30 to a point on centerline of the CRI&P railroad; thence southeasterly along the centerline of the CRI&P Railroad to the intersection of an extension of the west boundary of Lot 31 Sherrill Heights Subdivision; thence along the west line of said Sherrill Height Subdivision to the northwest corner of Lot 11 Club Terrace Subdivision; thence southerly along the west line of Club Terrace Subdivision to a point on the north line of the southeast ¼ southwest ¼ of Section 29, Township 2 North, Range 12 West; thence easterly along said north line to the northeast corner of the southeast ¼ southwest ¼ of said Section 29; thence southerly along east line of the southwest ¼ of said section 29 to the southeast corner of the southwest ¼ of said Section 29; thence west along the south line of T2N R12W Sec 29 to the centerline intersection of Cantrell Road; thence southeasterly along the centerline of Cantrell Road to the centerline intersection of Allsopp Park Road; thence southwesterly along the centerline of Allsopp Park Road to the centerline intersection of North Lookout Road; thence southwesterly along the centerline of North Lookout Road to the centerline intersection of Kavanaugh Boulevard; thence northwesterly along the centerline of Kavanaugh Boulevard to the centerline intersection of L Street; thence west along the centerline of L Street to the centerline intersection of North Fillmore Street; thence south along the centerline of North Fillmore Street to the centerline intersection of Evergreen Drive; thence west along the centerline of Evergreen Drive to the point of beginning.

Map of area can be found on file at the city clerk's office.

(Ord. No. 21,787, § 1, 10-2-19)

Preserved tree means a tree selected for preservation by the responsible party and approved by the city. A tree is considered preserved if a minimum of seventy-five (75) percent of the critical root zone is maintained at undisturbed natural grade and not more than twenty-five (25) percent of the tree canopy is removed. Nothing within this definition requires that a properly planted and appropriate tree shall survive for a period greater than thirty-six (36) months.

Responsible party means the following:

(1)

The permit applicant who is the designated agent for development related activities for purposes of obtaining all required permits. The permit applicant relinquishes responsibility to the construction superintendent when all necessary permits have been issued by the city; or,

(2)

The construction superintendent who is that person designated as the on-the-site agent for the project and responsible for all construction related activities until the issuance of a final certificate of occupancy; or,

(3)

The lessee or any person or entity having control of the property subject to this chapter; or,

(4)

The owner, which is the person, firm, corporation or other entity holding current legal title to the property. The responsibility of the owner shall commence upon the date of issuance of the certificate of occupancy.

Tree canopy means the outermost spreading branch layer of a tree.

(Ord. No. 21,787, § 1, 10-2-19)

(a)

The regulations in this division shall be in addition to and shall overlay all other zoning districts and other ordinances requirements regulating the development of land so that any parcel of land lying in the overlay district shall also lie within one (1) or more of the other underlying zoning districts. Therefore, all property within this overlay district will have requirements of both the underlying and overlay zoning district in addition to other ordinance requirements regulating the development of land. In case of conflicting standards between this division and other city ordinances, the overlay requirements shall control.

(b)

These regulations shall apply to all lots zoned or occupied by single-family or two-family dwellings except non-residentially occupied lots with conditional use permits.

(1)

Any addition to the principal structure of more than six hundred (600) square feet of foundation area.

(2)

All other subsequent additions after passage of this division that result in total of more six hundred (600) square feet of foundation area added to the principal structure as existing before the passage of this division.

(3)

Construction of new single-family or two-family structures.

(4)

Any lot that has had the principal building demolished and has not had active construction activities on that lot within one (l) year of the demolition permit being issued.

(Ord. No. 21,787, § 1, 10-2-19)

Prior to the issuance of any building permits within the boundaries of the heights landscape design overlay district, the planning and development department director shall determine compliance of all building permit requests with the terms of this article.

(Ord. No. 21,787, § 1, 10-2-19)

(a)

In order to be compatible with the tree canopy of the neighborhood, new construction and additions to existing structures shall comply with the following criteria:

(1)

Plans for new construction, additions and modifications which are subject to this article shall be submitted to the planning and development department; and,

(2)

The department will review plans for consistency with the detailed requirements of this article and consistency with the tree canopy of the district; and,

(3)

If a proposed tree is not on the list of approved trees, but in the opinion of the city arborist, in consultation with the planning and development department director, is compatible with the intent of this division, then such approved alternative is in compliance with the provisions of this Code.

(b)

Trees preservation. There is no requirement under this division to preserve existing trees within the front-yard and street side-yard setbacks as defined per the underlying zoning. However, the responsible party may select certain trees to be preserved to comply with the provisions of this division. See section 15-52(g) Prohibited activities and section 15-52(h) Tree protection for proper methods of tree preservation.

(c)

Credits for preserved trees. For each existing tree preserved within the front- or side-yard setback, there shall be a one to one credit applied to the minimum tree requirements. Trees in the front- or side-yard setback that are to be preserved that are twelve (12) inches or greater in diameter at breast height (DBH) shall fulfill all requirements for the required trees within the front- or side-yard setback.

(d)

Required tree planting. One (1), two and one-half inch or greater caliper single trunk tree measured at twelve (12) inches above soil line shall be planted for every forty (40) feet or portion thereof of street frontage of the lot. Multi-trunk trees shall be measured as a total caliper of all trunks at twelve (12) inches above the soil line and shall be required to have a minimum of four and one-half inch or greater caliper. On corner lots, trees required on one (1) street frontage may not be planted on a different street frontage. A minimum of one (1) tree shall be planted for each street frontage.

(e)

Approved planting times. To be an appropriately planted tree, the tree shall be planted in the spring, or in the fall, with the approval of the city's arborist, in consultation with the planning and development department.

(f)

Tree form. Trees planted shall provide shade. Trees shall not be planted that are of a columnar form at maturity. A tree with a columnar form at maturity will be five (5) or more times as tall as they are wide.

(g)

Species. Trees shall be selected from the list below. Native species not on the list are permitted upon review and approval by the city's arborist, in consultation of the planning and development department. See table below for a list of trees.

(h)

Location. Trees shall be planted within the front yard and street side yard setbacks as defined per the underlying zoning. Trees shall not be planted within five (5) feet of adjoining property lines. A franchise permit is required for all trees that are proposed to be planted in the public right-of-way. All tree plantings shall not interfere with above or utilities, obstruct views at intersections, or cause other public safety concerns.

(i)

Installation. Trees shall be planted according to recognized horticultural practices.

(j)

Continuous maintenance. See section 15-53, Tree pruning. Responsible parties shall in no instance overly prune to reduce or prohibit a tree's mature height and spread. Trees shall not be topped. Trees shall be maintained according to recognized horticultural practices. Nothing requires that a properly planted and appropriate tree shall survive for a period greater than thirty-six (36) months. Any tree required to be planted which dies within thirty-six (36) months of planting shall be replaced by the responsible party during the next planting period. In no event will an approved and appropriately planted tree ever be pruned in such a manner as to preclude future vertical growth.

(k)

Standards for preserved trees. The city official may visit each site and review photographs of each site for which there is a plan in order to verify that the trees to be preserved pursuant to the plan are of sufficient size, quantity and quality to warrant preservation. Trees that do not warrant preservation shall not qualify as preserved trees as determined by the city official.

(l)

Utility. This article shall not apply to the maintenance of overhead or underground utility lines, nor does it apply to the development of subdivisions in the construction of streets, curbs, gutters, storm sewers and overhead or underground utility lines. It is expected that proper care and planning are used in the construction so that the maximum number of trees can be preserved.

(Ord. No. 21,787, § 1, 10-2-19)

Any request to vary, alter, or modify specifications of this design overlay district shall be processed as a request for a variance considered by the board of adjustment.

(Ord. No. 21,787, § 1, 10-2-19)