034.00.87 Ark. Code R. § 001 - Rules and Procedures

SECTION 2-104 PERMIT REVIEW & APPROVAL PROCEDURE

A. PURPOSE - The purpose of this section is to establish rules and procedures for applying for various permits within the Capitol Zoning District.

B. CZDC - CITY OF LITTLE ROCK AGREEMENT

Under a memorandum of agreement between the City of Little Rock and the Capitol Zoning District Commission dated November 7, 1977 and City of Little Rock Resolution Number 5,849, the City of Little Rock shall not issue the following permits for properties within the Capitol Zoning District without prior Capitol Zoning District Commission approval:

1. BuiIding Permits

2. Sign Permits

3. Grounds Permits

4. Privilege Licenses

5. Demolition Permits

6. Certificates of Occupancy

7. Certificates of Compliance

All work performed within the Capitol Zoning District shall be in compliance with the Little Rock Code of Ordinances as it applies to construction, and may not be performed without a properly issued building permit.

The Capitol Zoning District Commission shall have sole authority for acting on and issuing Conditional Use Permits, Variances, and Significant Structure Permits.

C. PERMITS TYPES - The Capitol Zoning District Staff shall issue the following permits.

1. Certificate of Compliance - Certifies that any proposed land use, construction or any other development is in compliance with this ordinance.

2. Conditional Use Permit - A permit which must be approved by the Capitol Zoning District Commission, permitting a use of land that is not allowed by right under this ordinance. Conditional Uses that may be permitted are listed by Zone under Article Five of this ordinance.

3. Grounds Permit - A permit which allows the development of a vehicular use area, except those located on, under or within buildings and those serving single and two family uses.

4. Sign Permit - A permit which certifies that a proposed or existing sign is in conformance with the sign regulations of this ordinance.

5. Significant Structure Permit - A permit which certifies that any proposed modification or demolition of a structure that has been designated as "Significant" by the Capitol Zoning District Commission, is consistent with the goals and concepts of the Capitol Zoning District Master Plan and this ordinance.

6. Variance - 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 has been imposed on the development of the land and that the variance is in keeping with the objectives of the Capitol Zoning District Commission and this ordinance.

7. Planned Unit Development - A parcel or parcels of land proposed for development as a single entity. The Capitol Zoning District Commission may designate such a parcel as a Planned Unit Development provided that the parcel is at least two (2) acres in gross area and that all provisions of the Little Rock Planned Unit Development Ordinance are followed.

8. Special or Temporary Use Permit - A permit which may be granted to allow an applicant to temporarily undertake an activity within the Capitol Zoning District which may otherwise prohibited in this ordinance (see Section 2 -113).

D. APPLICATION AND REVIEW PROCEDURE - The following procedure shall be followed to obtain permits from the city of Little Rock and the Capitol Zoning District Commission.

1. BUILDING PERMITS

It shall be a violation of the CZD Ordinance for any building to be erected, structurally altered or extended until a building permit has been issued by the City of Little Rock. The issuance of a building permit is contingent upon review and approval by the C2 DC of the use and design provision of the CZD Ordinance. The following procedure shall be followed to obtain a building permit.

a. APPLICATION

After the applicant has determined that the project lies within the Capitol Zoning District boundaries, that party shall complete the following forms provided by the Capitol Zoning District Staff:

1) application for Certificate of Compliance

2 ) application for Sign Permit (if required)

3) application for Grounds Permit (if required)

4) application for Demolition Permit (if required)

b. REQUIRED INFORMATION

All applications for building permits shall be accompanied by a site plan. Each site plan shall be submitted in four identical copies on one or more sheets of paper measuring not more than 2 4 by 36 inches, drawn to a scale not smaller than 40 feet to the inch, which shall show the following:

1) The boundary lines of the property, including angles, dimensions and reference to a section corner, quarter corner or point on a recorded plat, and arrow pointing north and the lot area of the land included in the site plan.

2 ) Existing and proposed grades, and drainage systems of structures and topographic contours at intervals not exceeding two (2 ) feet.

2. Permitting a height variance within the Capitol Area.

3. Permitting a variance of the 2 5 foot setback requirement on Capitol Avenue.

4. Changing a use from one use group to another.

SECTION 2-110 RELATION TO CITY OF LITTLE ROCK CODE OF ORDINANCE

The provisions of this ordinance supersede all provisions of the city of Little Rock Code of Ordinances. However, unless specifically dealt with as provisions of this ordinance, all other regulations, requirements and codes of the city of Little Rock shall continue to be in force in the Capitol Zoning District and are adopted by reference as part of this ordinance.

SECTION 2-111 ENFORCEMENT

It shall be the duty of the Arkansas Attorney General to enforce the provisions of this ordinance, should court action be necessary.

SECTION 2-112 DEFINITION OF FLOOR AREA RATIO (FAR)

A. Floor Area Ratio (FAR)

A total floor area, exclusive of enclosed parking space, divided by the land area of floor space within the outside dimensions of a building including each floor level, halIs, lobbies, stairways, elevator shafts and basements.

B. FAR Bonus

A factor by which the allowable FAR may be multiplied to arrive at the adjusted FAR to be permitted as a result of the developer's inclusion of specified improvements and meeting of specified conditions.

SECTION 2-113 SPECIAL OR TEMPORARY USE PERMIT

Special or Temporary Use Permits may be issued by the Capitol Zoning District Commission under the following provisions:

A. GENERAL

A special or temporary use permit may be issued to permit an applicant to undertake an activity within the Capitol Zoning District that otherwise is prohibited by the provisions of this ordinance. The permit may require special action by the Capitol Zoning District Commission or may be issued at staff level, depending on the proposal.

B. APPLICATION

The person or organization seeking a Special or Temporary Use Permit shall submit an application to the Capitol Zoning District Staff stating in the application the Intended use, activity, operation or undertaking; the dates on which it would be initiated and terminated; location; name of the sponsoring entity, organization or individual; and a description of the use or activity including hours of operation and anticipated effect on surrounding properties. All other provisions of this ordinance with respect to the application process are applicable.

C. STANDARDS

In carrying out the purpose of this section, the Staff shall be influenced by the following standards, and the appropriateness of these standards shall be determined at the discretion of the Staff for each specific Special or Temporary Use location.

1. The proposed use or activity is so designated, located and proposed to be operated in such a manner that the public health, safety and welfare will be protected.

2. The proposed use or activity is compatible with and will not adversely affect other property in the area where it is proposed to be located.

3. The proposed use or activity would not exceed seven (7) days in duration.

4. All requirements of other public agencies would be met.

D. PERMIT

The Capitol Zoning District Staff shall review the application and issue the permit if the Staff determines that all standards will be met. If all standards will not be met, the permit application shall be placed on the docket for the next regular Capitol Zoning District Commission hearing. The applicant shall legally notify adjacent property owners as follows:

1) The Capitol Zoning District Commission shall consider a request for a Special or Temporary Use of any property after the applicant has given not less than ten (10) calendar days written notice of the time, place and the date of the public hearing on the requested Special or Temporary Use to all owners of record of property situated within 200 feet of the property for which the Special or Temporary Use Permit is requested. The notice shall be sent by certified mail to the last known address of such recorded owner(s). The applicant shall file an affidavit showing compliance with this requirement. The affidavit shall have attached to it official evidence that states that the notices have been mailed as required.

2) The affidavit required and the supporting exhibits (return receipts, certified abstract, list of property owners of record, and a copy of the notice) shall be filed with Capitol Zoning District Staff no later than six (6) calendar days prior to the hearing date.

3) The applicant shall post the sign furnished at the time of filing at the front of the property so that it can be seen from the street, at least (10) calendar-days before the hearing. If for any reason the sign should be destroyed or torn down, a replacement may be obtained from the Capitol Zoning District Staff.

4) The applicant or representative of the applicant is required to be present at the hearing in order to answer any questions the Commission or interested parties may have.

5) Non-compliance with the process described above may cause an application to be withheld and not considered at the appointed hearing time and may require the refiling of the application and the re-notification of property owners.

The permit as may be issued by the Commission or Staff shall stipulate the name of the sponsoring entity, the location of the activity or use, the permissible hours and days of operation, the designated date on which the activity or use will commence and the date for termination, and any special conditions or safeguards the commission may impose.

SECTION 2-116 NEW CONSTRUCTION IN THE CAPITOL ZONING DISTRICT

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, under the following procedures:

1. APPLICATION

a. The applicant for new construction shall file a Design Review application form and any additional information as specified in the Capitol Zoning District Application Procedures.

b. The Capitol Zoning District staff shall review the application and shall schedule a public hearing at the next regular meeting of the Capitol Zoning District Commission.

c. After filing the application, the applicant shall legally notify adjacent property owners as follows;

1) The Capitol Zoning District Commission shall consider a request for a Design Review after the applicant has given not less than ten (10) calendar days written notice of the time, place and the date of the public hearing on the Design Review to all owners of record of property situated within 200 feet of the property for which the Design Review is requested. The notice shall be sent by certified mail to the last known address of such recorded owner(s). The applicant shall file an affidavit showing compliance with this requirement.

The affidavit shall have attached to it official evidence that states that the notices have been mailed as required.

2) The affidavit required and the supporting exhibits (return receipts, certified abstract list of property owners of record, and a copy of the notice) shall be filed with the Capitol Zoning District Staff no later than six (6) calendar days prior to the hearing date.

3) The applicant shall post the sign furnished at the time of filing at the front of the property so that it can be seen from the street, at least ten (10) calendar days before the hearing. If for any reason the sign should be destroyed or torn down, a replacement may be obtained from the Capitol Zoning District Office.

4) The applicant or a representative of the applicant is required to be present at the hearing in order to answer any questions that the Commission or interested parties may have.

5) Non-compliance with the process described above may cause an application to be withheld and not considered at the appointed hearing time and may require the refiling of the application and the re-notification of property owners.

2. STAFF REPORT

In preparation for the hearing, a report by the CZD Staff shall be prepared and submitted to the Commission recommending approval or denial of the permit. The Commission shall consider the staff report along with the other evidence presented at the hearing. The Commission shall not be bound by the recommendations of the report.

3. PUBLIC HEARING AND DECISION

The Commissioners shall consider the application and base their decision upon the report of the CZD Staff, the Design Review Committee, advice from Advisory Committees, and the evidence presented by the applicants and other interested parties at the public hearing.

ARTICLE FOUR USE GROUPS

The permitted uses of land within the Capitol Zoning District are listed herein by use groups, and these use groups are permitted only within the specific zones as indicated in Article Five and within the limits of the zones as shown on the maps included in Article Three. Specific uses and the use groups under which they are listed are identified below and are referenced throughout this ordinance.

SECTION 4-101 COMMUNITY FACILITIES I

Airway beacon or marker

Bus passenger depot (not in public r.o.w.)

Civil Defense and related activities facility

Electric regulating substation

Electric utility mains and distribution facilities and apparatus (not in public r.o.w.)

Fire protection and related activities facilities

Flood control works

Gas pipeline right of way

Gas pressure control station

Petroleum pipeline or pressure control station

Pipeline right of way or pressure control station,

not elsewhere classified

Police protection and related activities facility

Railroad passenger terminal

Railroad right of way (excluding switching and marshalling yards)

Rapid rail transit or street railway right of way

Rapid rail transit or street railway terminal

(not in public street r.o.w.)

Sewage pressure control station

Taxicab stand or dispatching station

Telephone exchange station, relay tower or r.o.w.

Telegraph transmitting or receiving station or r.o.w.

Television or radio transmitting station or relay tower Water pipeline r.o.w., treatment plant, storage

facility or pressure control station

SECTION 4-102 COMMUNITY FACILITIES II

Church, Synagogue, or Temple, including Sunday School facilities

Community center (public)

Kindergarten

Museum or Art Gallery

Nursery school, day nursery

Parish house, parsonage, rectory or manse

Park, playground or tot lot (public)

Playfield (public)

School, elementary (public or equivalent private)

School, secondary (public or equivalent private)

Swimming pool (public)

Tennis courts (public)

Zoological gardens (public)

Meeting facility

Tour Home (private)

SECTION 4-103 COMMUNITY FACILITIES III

Club or lodge (private non-profit)

College, junior college, professional school or

university (public or equivalent private)

Convalescent, maternity or nursing home

Eleemosynary institution, philanthropic institution, rehabilitation institution and theatrical group

Foster family care, institution or agencies

Home for the elderly

Hospital; general

Hospital; restricted to mental, narcotics or

alcoholic patients, sanatorium

Library (private, non-profit and public)

Mental institution

Orphanage

Home or Shelter for battered women and/or children

Modeling school and studio

Fraternity or sorority house

Boarding or rooming house

School (private), Barber, Beauty, Business, Commercial, Real

Estate, Art, Correspondence, Stenographic, Trade

or Vocational (excluding manual training, shopwork or repair maintenance of machinery or mechanical equipment)

Studio: Ballet, Dance, Drama Fine Arts, Music Language Residential care facility

SECTION 4-104 SINGLE FAMILY RESIDENTIAL

Single .family detached dwelling

SECTION 4-105 TWO FAMILY RESIDENTIAL

Two family dwelling

Detached duplex

SECTION 4-106 MULTI-FAMILY RESIDENTIAL

Apartment house

Townhouse

Apartment hotel

Bed and breakfast house (max. of 3 guest rooms)

SECTION 4-107 PROFESSIONAL OFFICES

Advertising agency

Artist's or photographer's studio (not including film processing for others)

Bail bond broker

Broker (no warehousing)

Broker; stocks, bonds, or real estate

Collection agency

Credit association

Drafting service

Insurance agency or office

Loan officer (no repossessed articles)

Medical or dental clinic

Political campaign headquarters

Office of nonprofit membership club, association

Office of such professional person as:

Accountant

Architect

Attorney

Business consultant

Chiropractor

Court reporter

Dentist or dental surgeon

Detective service

Engineer

Geologist

Graphic artist

Interior decorator (office only)

Landscape architect (office only)

Lighting consultant

Optician

Optometrist

Osteopathic physician

Planning consultant

Protection services

Psychologist, psychiatrist

Physician or surgeon

Regi stered nurse

Travel Agency

Union Office

All uses are to operated in their entirety within a completely enclosed structure.

SECTION 4-108 GENERAL OFFICES

Addressing, duplicating, mailing, mailing lists, stenographic, telephone messages, and similar office services

Blueprinting, photocopying and similar reproduction services

Broadcasting or recording studio

Computing, data processing, or similar service

Employment service

Engraving (except when in connection with printing)

Financial institution, other than pawn shop

Funeral establishment, ambulance and embalming service

Office, not elsewhere classified

Optical laboratory or supplies

Sales, service, repair or rental of business machines including accounting, computing, and data processing machines, copying and office reproduction machines, dictating and recording machines, typewriters

Store selling architects' artists', engineers' or scientific supplies and equipment or dental, medical or office supplies or equipment

Transportation ticket service

Post Office

Enclosure of uses required. Every use in this group, unless specifically exempted in the list of included uses, shall be operated in its entirety within a completely enclosed structure.

SECTION 4-109 HOTEL, MOTEL AND AMUSEMENT

Arena or auditorium; commercial

Billiard or pool parlor

Bowling alley

Dance hall

Eating places providing dancing or entertainment

Hotel or motel

Motion picture theatre

Skating rink; commercial

Swimming pool; commercial (exempted from enclosure)

Tavern, night club, or semi-private club

Tennis court commercial (exempted from enclosure)

Arcade

SECTION 4-110 QUIET BUSINESS

Business, including:

Antique shop (not junk or second hand merchandise)

Art shop (sales only)

Artist supply stores

Barber shop

Beauty shop

Bed and breakfast inn (max. 7 Guest rooms)

Bookstore or newsstand

Camera and photographic supply store

Cigar or tobacco shop

Clothing or accessories store

Delicatessen, sandwich or coffee shop

Gift shop

Gym or fitness center (commercial)

Health clubs, massage parlor and sauna

Hobby shop

Ice vending establishment (sacked ice)

Ice cream and candy store

Interior decorator store

Jewelry store

Knit shop

Leather goods or luggage store

Music shop

Newsstand

Notions store

Optical goods store

Pet shop

Plant or flower shop

Pottery and ceramics store (sales only)

Prescription pharmacy

Religious goods store

Restaurant (other than drive-in take out)

Shoe store (sales or repair shop)

Specialty Food and Beverage (non-alcoholic) Store

Sporting goods store

Stationery store

Tailor shop

Toy store

Watch or clock stores

Enclosure of uses required- Every use in this group, unless specifically exempted in the list of uses, shall be operated in its entirety within a completely enclosed structure.

SECTION 4-111 CONSUMER GOODS AND SERVICES

Accessories for vehicles or equipment whose sale is permitted, but not including the rebuilding or recapping of tires Air conditioning units (portable)

Amusement machines

Automatic merchandising establishment (excluding amusements, games or music)

Automobile parts store (no parts installation or attachment allowed on site)

Awning shop and sales

Bicycle store

Building materials

Building contractors; display rooms, offices and storage

Burglar alarm systems

Clothing; second hand

Coupon redemption store

Department store

Dry goods store

Electrical supplies

Exhibition house

Furniture, home furnishings, equipment and appliances

Garden equipment and furniture

Gasoline and motor oil sales only (does not include usual gasoline service station facilities)

General store, general merchandise only

Glass or mirror store

Greenhouse and botanical nursery

Grocery store, including bakery (retail only)

Hardware store

Heating equipment (sales, rental and repair)

Household appliance store

Lawnmower and small motor

Limited price variety store

Liquor store

Lumber (retail sales)

Mail order house (no stock)

Meat or poultry shop (no live poultry)

Monuments, including incidental processing to order, (but not shaping)

Orthopedic appliance store

Paint, glass or wallpaper store

Plumbing equipment (sales, rental and repair)

Pest or insect control

Radio, television, phonograph, or other household electronics equipment store

Rubber or metal stamp

Sewing machines stores, embroidery and hem stitching

Trading stamp redemption center

The following service establishments:

Aluminum recycling plant

Animal hospital serving household pets and similar small animals, breeding, raising, or boarding of household pets or similar small animals for commercial purposes;

kennel

Archery range

Auction house or store

Cabinet maker

Caterer

Custom dressmaker, milliner, or tailor

Delivery and express service

Dry cleaning pick-up or self service

Dry cleaning plant

Fix it shop

Fur repair and storage

Gunsmith shop

Household appliance repair shop

Laundry pick-up or self service

Novelties shop

Pawn shop

Picture framing

Pressing, alteration or garment repair

Safe and vault repair

Scientific instrument repairs

Sign painting

Taxidermist

Telegraph company office

Tool sharpening

Upholsterer; furniture

Enclosure of use required. Every use in this group, unless specifically exempted in the list of included uses, shall be operated in its entirety within a completely enclosed structure.

SECTION 4-112 AUTOMOBILE ORIENTED COMMERCIAL

Automobile parking as a principal use (exempted from enclosure)

Automobile body repair

Automobile rental service

Automobile repair and test station

Automobile sales (exempted from enclosure)

Automobile storage garage

Automobile upholstery repair

Automobile wash service (Including self-service)

Commercial parking lot (exempted from enclosure)

Drive-in restaurant (drive-in facilities exempted from enclosure)

Driving school

Gasoline service station (fuel pumps exempted from enclosure)

Parking deck

SECTION 4-113 INDUSTRIAL USES

The following non-manufacturing uses:

Assembly, production, fabrication

Direct selling organization; retail

Laboratory; research, development or testing

Motion picture distribution and services

News syndicate service

Photofinishing service

Printing, lithography, stamp mfg., and book binding

Warehousing (not elsewhere classified.) other than warehousing accessory to another permitted use

Wholesaling (not elsewhere classified) with stocks limited to floor samples

Enclosure of uses required. Every use in this group, unless specifically exempted in the list of included uses, shall be operated in its entirety within a completely enclosed structure.

SECTION 4-114 USES NOT LISTED

Uses not listed in one of the above groups which conform closely to the listed uses may be added to the appropriate use group by the Capitol Zoning District Commission following due consideration. Such additions shall not be considered to be an amendment to the Capitol Zoning District Ordinance.

ARTICLE FIVE

ZONE REGULATIONS

This article establishes for each zone the permitted land uses described by the use group contained in Article Four distinguishing between uses allowed by right and uses for which a Conditional Use Permit must be issued by the Capitol Zoning District Commission; and it contains the regulations governing height and placement. Height restrictions are given in the number of feet of building elevation above the plane of the front curb line.

SECTION 5-101 ZONE "A" COMMERCIAL (CAPITOL)

A. Permitted Uses

1. The following Use Groups are allowed:

Single family residential

Two-family residential

Multi-family residential

Professional offices

General offices

Quiet business

2. The following Use Groups may be allowed subject to a Conditional Use Permit:

Community facilities II

Community facilities III

Hotel, motel, amusement

Consumer goods and services

Automobile oriented commercial

Accessory Structures not allowed under Section 2-115

SECTION 5-102 ZONE "B" GENERAL COMMERCIAL (CAPITOL)

A. Permitted Uses

1. The following Use Groups are allowed:

Single family residential

Two family residential

Multi-family residential

Professional offices

General offices

Quiet business

2. The following Use Groups may be allowed subject to a Conditional Use Permit:

Community facilities - Category II

Community facilities - Category III

Hotel, motel and amusement

Consumer goods and services

Automobile oriented commercial

Accessory structures not allowed under Section 2-115

B. HEIGHT

No building hereafter erected or structurally altered shall exceed three (3) stories or 45 feet, whichever is less, except that:

Developments which qualify as a Planned Unit Development and provide a minimum of 1.0 Floor Area Ratio of residential uses are entitled to a maximum height of five (5) stories or 75 feet, whichever is less.

C. PLACEMENT

1. Rear Yard: No setback required except for residential uses which shall have a rear yard of not less than 25 feet.

2. Side Yard; No setback required except for residential uses which shall have interior side yards of not less than four (4) feet for walls having a window(s).

3. Front Yard: No setback required.

4. All development abutting Second Street shall be setback not less than 25 feet from property line abutting said street. The required setback on Second Street shall not be used for off street parking and shall be landscaped with appropriate materials as set forth in the LANDSCAPE provisions of this ordinance.

5. Lot Area Per Family: Residential development shall provide a lot area of not less than 1200 square feet per family.

SECTION 5-103 ZONE "C" COMMERCIAL (CAPITOL)

A. Permitted Uses

1. The following Use Groups are allowed:

Single family residential

Two family residential

Multi-family residential

Hotel, motel, and amusement

Professional offices

General offices

Consumer goods and services

Quiet business

2. The following Use Groups may be allowed subject to Conditional Use Permit:

Community facilities I

Community facilities II

Community facilities III

Automobile oriented commercial

Accessory structures not allowed under Section 2-115

B. Height

No building hereafter erected or structurally altered shall exceed three (3) stories or 45 feet, whichever is less, except that:

All developments which qualify as a Planned Unit Development and provide a minimum of 1.0 floor area ratio of residential uses are entitled to a maximum height of five (5) stories or 75 feet, whichever is less.

C. Placement

1. Rear Yard: No setback required except for residential uses which shall have a rear yard of not less than 25 feet.

2. Side Yard: No setback required except for residential uses which shall have interior side yards of not less than four (4) feet for walls having a window(s).

3. Front Yard: No setback required.

4. All development abutting Second Street between Cross Street and Victory Street shall have a setback of not less than 25 feet from property line abutting said street.

5. Lot Area Per Family: Residential development shall provide a lot area of not less than 1200 square feet per family.

SECTION 5-104 ZONE "D" INDUSTRIAL (CAPITOL)

A. Permitted Uses

1. The following Uses Groups are allowed:

Single family residential

Two family residential

Industrial uses

2. The following Use Groups may be allowed subject to a Conditional Use Permit:

Multi-family residential

Consumer goods and services

Automobile oriented commercial

Quiet business

Professional offices

General offices

Accessory Structures not allowed under Section 2-115

B. Height

No building hereafter erected or structurally altered shall exceed three (3) stories or 45 feet, whichever is less.

C. Placement

1. Rear Yard: There shall be a rear yard having a depth of not less than 25 feet.

2. Side Yard: On each side of a building, there shall be a side yard having a width of not less than four (4) feet.

3. Front Yard: There shall be a front yard having a depth of not less than 25 feet to the front of the building. The required front yard setback shall not be used for off street parking and shall be landscaped with appropriate materials as set forth in the LANDSCAPE provisions of this ordinance.

4. Lot Area Per Family: Residential developments shall provide a lot area of not less than 2500 square feet per family.

SECTION 5-106 ZONE "N" NEIGHBORHOOD RESIDENTIAL AND OFFICE (MANSION)

A. Permitted Uses

1. The following Use Groups are allowed:

Single family residential

Two family residential

Multi-family residential

Professional Offices

2. The following Use Groups may be allowed subject to a Conditional Use Permit:

Community facilities II

Community facilities III

General offices

Quiet business

Accessory structures not allowed under Section 2-115

B. Height

No building hereafter erected or structurally altered shall exceed three (3) stories or 45 feet, whichever is less.

C. Placement

1. Rear Yard: There shall be a rear yard having a depth of not less than 25 feet.

2. Side Yard: On each side of a building, there shall be a side yard of not less than eight (8) feet in width.

3. Front Yard: There shall be a front yard having a depth of not less than 25 feet. The required setback area shall not be used for off street parking and shall be landscaped with appropriate materials as set forth in the LANDSCAPE provisions of this ordinance.

4. Lot Area Per Family: Residential development shall provide a lot area of not less than 1200 square feet per family.

SECTION 5-107 ZONE "O" COMMERCIAL (MANSION)

A. Permitted Uses-

1. The following Use Groups are allowed:

Single family residential

Two family residential

Multi-family residential

Professional offices

Quiet business

2. The following Use Groups may be allowed subject to a Conditional Use Permit:

Community facilities I

Community facilities II

Community facilities III

General offices

Hotel, motel and amusement

Consumer goods and services

Automobile oriented commercial

Accessory structures not allowed under Section 2-115

B. Height

No building hereafter erected or structurally altered shall exceed three (3) stories or 45 feet, whichever is less.

C. Placement

1. All development shall be reviewed for appropriate setback in the context of the existing buildings.

SECTION 5-108 ZONE "P" OFFICE (MANSION)

A. Permitted Uses

1. The following Use Groups are allowed;

Community facilities II

Single family residential

Two family residential

Multi-family residential

Professional offices

2. The following Use Groups may be allowed subject to a Conditional Use Permit:

Community facilities III

General offices

Quiet business

Consumer goods and services

Automobile oriented commercial

Accessory structures not allowed under Section 2-115

B. Height

No building hereafter erected or structurally altered shall exceed three (3) stories or 45 feet, whichever is less.

C. Placement

1. Rear Yard: There shall be a rear yard having a depth of not less than 25 feet.

2. Side Yard: On each side of a building, there shall be a side yard of not less than eight (8) feet in width.

3. Front Yard: There shall be a front yard having a depth of not less than 25 feet. The required setback area shall not be used for off street parking and shall be landscaped with appropriate materials as set forth in the LANDSCAPE provisions of this ordinance.

4. Lot Area Per Family: Residential development shall provide a lot area of not less than 1200 square feet per family.

SECTION 7-102 REQUIRED PARKING SPACES BY USE

USE	REQUIRED PARKING SPACES
A. COMMUNITY FACILITIES I
Bus passenger depot (not in public r.o.w.)	1 per 500 gross sq. ft. of floor area
Electric regulating substation	1 per employee
Electric utility mains and distribution facilities and apparatus (not in public r.o.w. easements)	as required
Police protection and related activities facility	1 per employee
Fire protection and related activities facility	1 per employee
Railroad passenger terminal	1 per 500 gross sq. ft. of floor area
Rapid rail transit or street railway terminal (not in public street r.o.w.)	1 per employee
Taxicab stand or dispatching station	as required
Telephone exchange station, relay tower, or right of way	1 per employee
Telegraph transmitting or receiving station or right of way	1 per employee
Television or radio transmitting station or relay tower	1 per employee
Water pipeline right of way, treatment plant, storage facility or pressure control station	1 per employee
Foster family care, institution or agencies	1 per employee
Home "for the elderly	1 per 3 beds
Hospital (general )	1 per 3 beds
Hospital, restricted to mental, narcotics or alcoholic patients or sanatorium	1 per 3 beds
Library, private (non-profit and public)	1 per 4-00 gross sq. ft. of floor area
Mental institution	1 per employee
Orphanage	1 per employee
Home or shelter for battered women and/or children	1 per 400 gross sq. ft. of floor area
Fraternity or sorority house	1 per bedroom
Boarding or rooming house	1 per bedroom
School (private): barber, beauty, business, commercial, real estate, art, correspondence, stenographic, trade, modeling or vocational	1 per 100 gross sq. ft. of floor area or 1 per 25 sq. ft. of classroom or studio space or 1 per 2 students enrol led, whichever is greater.
Studio: ballet, dance, drama, fine arts, music, language and modeling	1 per 100 gross sq. ft. of floor area or 1 per 25 sq. ft. of classroom or studio space or 1 per 2 students enrolled, vvhichever is greater.
Residential care facility USE	1 per 400 gross sq. ft. of floor area. REQUIRED PARKING SPACES
B. COMMUNITY FACILITIES II
Church, Synagogue, or temple, including Sunday School facilities	1 for each 3 seats of main auditorium
Community center (public)	1 per 200 gross sq. ft. of floor area
Kindergarten	1 per employee
Museum or art gallery	1 per 200 gross sq. ft. of floor area
Nursery school, day nursery	1 per employe
Parish house, parsonage, rectory or manse	2 per dwelling unit
School, elementary (public or equivalent private)	1 per employee
School, secondary (public or equivalent private)	1 per employee plus 1 per 500 gross sq. ft. of floor area
Swimming pool (public)	1 per 400 gross sq. ft. of pool and deck area
Tennis courts (public)	1.5 per court
Zoological gardens (public)	1 per 400 gross sq. ft. of floor area
Meeting facility or tour home	1 per 300 gross sq. ft. of floor area
C. COMMUNITY FACILITIES III INSTITUTIONAL
Club or lodge, (private non-profit)	1 per 200 gross sq. ft. of floor area
College, junior college, professional school or university (public or equivalent private)	1 per 3 seats for patron use
Convalescent, maternity or nursing home	1 per 3 beds
Eleemosynary institutions, philanthropic institution, rehabilitation institution and theatrical group	1 per 400 gross sq. ft. of floor area
D. RESIDENTIAL
Single family dwelling	1 per dwelling unity
Two family dwelling and multi-family dwelling	1 per 1 bedroom unit, 1.5 per 2 bedroom unit or more
Bed and breakfast house	1 per Guest room plus 1 for residence
E. PROFESSIONAL OFFICES GENERAL OFFICES
For all uses in these use groups, one space per 350 gross square feet of floor area.
F. HOTEL, MOTEL AND AMUSEMENT
Arena or auditorium; commercial	1 per 3 seats
Billiard or pool parlor	1 per 200 gross sq. ft. of floor area
Bowling alley	3 per alley
Dance hall	1 per 200 gross sq. ft. of floor area
Eating places providing dancing or entertainment	1 per 200 gross sq. ft. of floor area
Gym or fitness center	1 per 200 gross sq. ft. of floor area
Hotel or Motel	1 per guest room
Motion picture theatre	1 per 3 seats
Swimming pool; commercial (exempted from enclosure)	1 per 200 gross sq. ft. of pool
Tavern, night club, or semi-private club	1 per 200 gross sq. ft of floor area
Tennis court; commercial (exempted from enclosure)	2.0 per court
Arcade	1 per 200 gross sq. ft. of floor area

Enclosure of uses required. Every use in this group unless specifically exempted in the list of uses, shall be operated in its entirety within a completely enclosed structure.

G. QUIET BUSINESS

CONSUMER GOODS AND SERVICES

Bed and breakfast Inn	1 per guest room plus 1 for residence
Restaurant	1 per three (3) seats

For all other uses in these Use Groups, one (1) space per three hundred (300) gross square feet of floor area. For structures larger than ten thousand (10,000) gross 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

H. AUTOMOBILE ORIENTED COMMERCIAL

Gasoline service station

4 per enclosed service bay

For all other uses in this Use Group; one (1) per three hundred (300) square feet of floor area in addition to service bays or drive-in-spaces.

I. INDUSTRIAL USES

For all uses in this group

1 per 300 gross sq. ft. of floor area.

Notes

034.00.87 Ark. Code R. § 001

7/23/1987