034.00.81 Ark. Code R. § 001 - Amended

CAPITOL ZONING DISTRICT ORDINANCE

AMENDMENTS OCTOBER 29, 1981 .

SECTION 2-103 APPLICATIONS - FEES (P. 2-2)

At end of Section 2 -103, add the following paragraph:

No application for any permit or variance which has been denied by the Capitol Zoning District Commission will be accepted within one year of the date of denial.

SECTION 2-106 NON-CONFORMING USES OF LAND AND STRUCTURES (P. 2 -4)

Delete existing section, add complete new section as follows:

A. PURPOSE

The purpose of this section is to establish regulations and limitations on the existence of lases and structures which were established prior to the effective date of this Ordinance and which do not conform to the provisions of this Ordinance. Such nonconformities may continue, but the provisions of this Section are designed to curtail enlargement or expansion of such nonconformities and to encourage their eventual elimination, in order to preserve the integrity of the Capitol Zoning District and the regulations established by this Ordinance.

B. USES OF LAND

1. Authority to Continue

Any lawfully existing nonconforming use of part or all of a structure, or any lawfully existing nonconforming use of land not involving a structure or involving a structure which is accessory to such use of land, may be continued, so long as it remains otherwise in conformance with the provisions of this section.

2. Ordinary Repair and Maintenance

Normal maintenance and incidental repairs or replacement, and installation or relocation of walls, partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use; provided, however, that this shall not be deemed to authorize any violation of the other subsections of this Article.

3. Addition or Extension

A nonconforming use of land shall be extended, expanded, enlarged or increased in intensity only with the approval of the Capitol Zoning District Commission. Such activity shall include, but shall not be limited to:

a. Extension of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of this Ordinance, or any amendment hereto which causes such use to become nonconforming.

b. Extension of such uses within a building or other structure or any portion of the floor area that was not occupied by such nonconforming use on the effective date of this Ordinance, or an amendment hereto which causes such to become nonconforming.

4. Relocations

No structure that is devoted in whole or in part to a nonconforming use shall be relocated in whole or in part to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter conform to all the regulations of the zone in which such structure and use are located after being so relocated. No nonconforming use of land shall be relocated in whole or in part to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which such use of land is located after being so relocated.

5. Change in Use

Existing lawful use of land which does not conform to the provisions of this Ordinance at the date of adoption, may continue.

The use of land, as described in Article Four of this Ordinance and as listed within Use Groups, may be changed to another non-conforming use in the same non-conforming use group, subject to the applicant obtaining a Conditional Use Permit.

In no case shall a change from one non-conforming use to another non-conforming use be allowed by right.

In no case shall a change from one non-conforming use group to another non-conforming use group be allowed nor permitted by the Capitol Zoning District Commission.

6. Abandonment or Discontinuance

When a nonconforming use of land or a nonconforming use of part or all of a structure is discontinued or abandoned for a period of 180 consecutive days (regardless of any reservation of an intent not to abandon and to resume such use), such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall comply with the regulations of the zone in which such land or structure is located.

C. STRUCTURES

1. Authority to Continue

Any nonconforming structure which is devoted to a use which is permitted in the zoning district in which such structure is located may be continued so long as it remains otherwise lawful, subject to the provisions of this section.

2. Damage or Destruction

In the event that any structure that is devoted in whole or in part to a nonconforming use is destroyed by fire, explosion or other casualty, or the public enemy, to the extent of more than fifty percent (50%) of the current replacement value immediately prior to such damage, such structure shall not be restored unless such structure and use thereof shall thereafter conform to all regulations of the zoning district in which such structure and use are located. When such damage or destruction is fifty percent (50%) or less of the reasonable replacement value of the structure immediately prior to such damage, such structure may be repaired and reconstructed and used for the same purposes as it was before the damage or destruction; provided that such repair or reconstruction is commenced within six (6) months and completed within twelve (12) months of the date of such damage or destruction. In extenuating circumstances, the Capitol Zoning District Commission may grant an extension of that time period.

3. Relocation

No nonconforming structure shall be relocated in whole or in part to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which such structure is located after being relocated.

4. Structural Alterations

A non-conforming building shall be structurally added to or extended only under the following conditions, or with approval of the Capitol Zoning District Commission:

(a) The use to which said building is put conforms to the zone in which it is located.

(b) Any accessory building located on the lot conforms to all. requirements of the Capitol Zoning District Ordinance and the Little Rock Building Code.

(c) The total lot area occupied by a building after the erection, conversion, reconstruction or structural alteration and the lot area occupied by existing encroachments, extensions or the projections into a required yard space shall not exceed the total area allowed by this Ordinance, for new construction.

(d) No part of the existing non-conforming building shall encroach, extend or project into more than forty percent (40%) of any one side yard distance required by this article.

(e) No part of the existing non-conforming building shall encroach, extend or project more than thirty (30) percent of either the front or rear yard distance required by this article.

(f) No part of the existing non-conforming building shall encroach, extend or project into more than one yard space distance required by this article.

(g) All erection, conversion, reconstruction or structural alteration shall fully conform to the yard space and all other applicable provisions of this article required for new construction.

SECTION 2-109 VARIANCE (P. 2-7)

Delete entire section, add new section as follows:

Relief from the literal provisions of this Ordinance may be granted by the Capitol Zoning District Commission when it is demonstrated to the Commission's satisfaction that an extreme hardship had been imposed on the development of the land and that the variance is in keeping with the objectives of the Capitol Zoning District and this Ordinance.

SECTION 2-115 ACCESSORY USES AND STRUCTURES (New Section)

Add a new section after section 2-114 to read:

Accessory structures and uses are allowed by right in conjunction with all allowed or permitted single family or two family residential uses provided that those structures and uses are clearly incidental to the permitted primary use.

A. ACCESSORY USES

Accessory uses permitted are as follows:

1) Domestics quarters, provided said quarters are used only by persons employed on the premises and not for commercial purposes.

2) Accessory buildings, including, but not limited to garages, storage facilities, children's playhouses, and greenhouses.

3) Swimming pools, courts for raquet games, and other recreational uses, provided that the use is otherwise in full compliance with the Capitol Zoning District Ordinance and the Little Rock Code of Ordinance.

4) Home occupations in compliance with this Ordinance.

5) Signs in compliance with this Ordinance.

B. STRUCTURES

Accessory structures must comply with the following requirements:

1) An accessory building may occupy not more than thirty percent of the required rear yard.

2) All single and two family residences shall be separated from accessory structures by a distance of not less than six (6) feet.

3) No accessory buildings shall be allowed in the front yard setback, but in the side or rear yard setbacks, they shall maintain at least a three (3) foot setback from any property line. Where said rear yard abuts on a dedicated alley, no setback shall be required from said alley.

SECTION 2-116 NEW CONSTRUCTION IN THE CAPITOL ZONING DISTRICT (New Section)

Add new section after section 2-115 to read:

Prior to the issuance of a building permit for the construction of any new primary structure on a lot within the Capitol Zoning District, a design plan of that structure must be approved by the Capitol Zoning District Commission.

SECTION 7-101 APPLICATION (P. 7-1] "

After paragraph (2), add the following paragraphs:

3. COMBINED FACILITIES

Off-street parking facilities required for two or more uses located on the same building site may be combined and used jointly, provided however that the total number of off-street parking spaces shall not be less than the sum of requirements for the various individual uses computed separately in accordance with the process set forth in this section.

4. PROHIBITION ON USE OF RIGHT-OF-WAY .FOR PROVISION OF OFF-STREET PARKING

No portion of any public street right-of-way shall be considered as fulfilling or partially fulfilling the off-street parking requirements of this section. No parking "bays" shall be allowed, except for residential service on residential streets. All commercial off-street parking areas and all residential off-street parking lots abutting collector and arterial streets shall be arranged so that ingress and egress is by forward motion of the vehicle (not applicable to single-family or two-family residences). For the purpose of parking in the rear yard, any public dedicated alley may be used in computing and maneuvering.

5. EXPANSIONS

When a building or structure erected prior to or after the effective date of this Ordinance shall undergo any increase in number of dwelling units, gross floor area, seating capacity, number of employees, or other unit of measure used in determining required parking facilities, and when said increase would result in a requirement for additional parking facilities, such additional facilities shall be accordingly provided as a condition for obtaining a building permit or privilege license. In computing the number of spaces required for such a building, however, only the increase in unit of measure shall be considered.

6. LOCATION OF OFF-STREET PARKING

All parking spaces provided pursuant to this section shall be on the same lot with the building or within three hundred (300) feet thereof. The distance to any parking area as herein required shall be measured between the nearest point of the off-street parking facility and the nearest point of the building said parking area or facility is to serve.

In no case shall off-site parking comprise more than twenty-five [25] percent of the total number of spaces required in this section.

When detached parking facilities or satellite parking lots are provided they shall be located on property which is zoned to allow the principal use to which this parking will serve or they must be approved by the Capitol Zoning District Commission.

7. PAVEMENT REQUIREMENTS

Every parcel of land which, after the effective date of this ordinance, is changed to a parking area, automobile, other vehicle or trailer sales or storage area, -or automobile or motor vehicle service station, garage or other vehicular service area shall be paved where subject to wheeled traffic. The minimum pavement requirement shall be as follows: One and one-half inches asphaltic concrete hot mix with a five inch compacted base, or a double surface treatment with a five inch compacted base, or a four inch concrete slab, and shall have appropriate bumper guards where needed.

8. PARKING DESIGN

The following four parking angles are allowed with their respective width and depth dimensions for stalls and maneuvering areas:

TYPE	WIDTH	DEPTH	MANEUVERING AREA
Parallel	22 ft.	9 ft.	11 ft.
Right Angle	9 ft.	20 ft.	20 ft.
Sixty Degree Angle	9 ft.	18 ft.	20 ft.
Forty-five Degree Angle	9 ft.	18 ft.	16 ft.

The following diagram illustrates the parking space and maneuvering space used for the various parking designs:

Click here to view image

9. PERMANENCY OF SPACES PROVIDED

Any off-street parking or loading space established prior to the effective date of this ordinance and which is used or intended to be used in connection with any main building, structure or use, or any spaces designed and intended to comply with the requirements of this ordinance for any such main building or structure erected after such effective date, shall hereafter be maintained so long as said building or structure remains, unless the owner provides and maintains in another location an equivalent number of required spaces in conformance with the provisions of this chapter.

Any conveyance of such parking or loading space, or transfer of interest therein, by the owner of the property served thereby without a. simultaneous conveyance or transfer of the property served thereby to the same guarantee or transferee or without suitable provisions being made in another location for the maintenance of an equivalent number of required spaces in conformance with the provisions hereof shall be in violation of this ordinance.

10. LANDSCAPING AND SCREENING REQUIREMENTS

The landscaping and screening requirements set forth in the Little Rock " Landscape Ordinance shall be in full force and effect when erecting, constructing, enlarging or otherwise altering or improving a vehicular use area.

SECTION 7-102 REQUIRED PARKING SPACES BY USE (P. 7-5)

Delete paragraphs (2), (3), and (5) and insert new paragraphs to read:

(2) Residential

(a)	Single Family Dwelling	1.0 per Dwelling Unit
(b)	Two Family Dwelling and Multi Family Dwelling	1.0 per 1 bedroom unit, 1.5 per 2 bedroom unit or more

(3) Offices - Professional and General for all uses in these Use Groups, 1 per 350 gross square feet of floor area.

(5) Goods and Services: Shopping Type and General; Quiet Business

For all uses in these Use Groups, one (1) space per three hundred [300) square feet of floor area. For structures larger than ten thousand (10,000) square feet, parking shall be provided as follows:

10,001 to 20,000 sq. ft.	95% of Parking Requirement
20,001 to 30,000 sq. ft.	90% of Parking Requirement
30,001 to 40,000 sq. ft.	85% of Parking Requirement
40,001 sq. ft. and up	80% of Parking Requirement

ARTICLE EIGHT LANDSCAPE (P. 8-1)

Delete complete article, insert paragraph to read:

Landscaping provisions for the Capitol Zoning District shall follow the established regulations of the City of Little Rock Code of Ordinances #13,617, commonly called the Little Rock Landscape Ordinance, with the Capitol Zoning District Commission being the agency of authority.

ARTICLE NINE SIGNAGE

SECTION 9-107 OTHER SIGNS (P .9-13)

Add after (18):

19. Building mounted projected signs: Allowed within the Capitol Area provided that the sign is approved by the Capitol Zoning District Commission after a Public Hearing and due consideration. Building mounted projecting signs shall be less than ten (10) square feet in area and constructed in such a manner as to present a theme or to enhance the historic character of a building. The mounting of the sign shall not project more than five (5) feet and shall not obstruct pedestrian traffic.

Notes

034.00.81 Ark. Code R. § 001

10/29/1981