034.00.99 Ark. Code R. § 003 - Capitol Zoning District Commission - Bylaws

BYLAWS CAPITOL ZONING DISTRICT COMMISSION

ARTICLE I: NAME

The name of this organization shall be the Capitol Zoning District Commission, being an agency of the State of Arkansas.

ARTICLE II: PURPOSE

The purpose of these bylaws is to prescribe the organization of the Capitol Zoning District Commission and to establish orderly, equitable and expeditious procedures for the conduct of its affairs to the end that all may be informed and the public well served.

ARTICLE III: EFFECTIVE DATE

The effective date of these bylaws shall be upon adoption by the Capitol Zoning District Commission.

ARTICLE IV: AUTHORITY

Authorization for the Capitol Zoning District Commission is Act 267 of 1975, as amended by the General Assembly of the State of Arkansas.

ARTICLE V: MEMBERSHIP

Membership of the Capitol Zoning District Commission shall be composed of nine members who are resident electors of the State of Arkansas. One member shall be the designee of the governor of Arkansas; one, the designee of the Secretary of State of Arkansas; and one, the designee of the of the Little Rock Department of Planning and Development. Six members shall be at-large members appointed by the Governor, of whom one must be black, one must be a resident or property owner of the Mansion Area, and one must be an owner of property within the Capitol Area.

SECTION A: TERMS OF MEMBERSHIP

Designee members serve at the pleasure of their designating authorities, At large members serve three-year terms.

SECTION B: VOTING RIGHTS

Each member, including the chairman, shall have one vote. In the absence of a designee member, the designating authority may designate another person to attend with full voting rights and privileges. In such cases, the designees shall declare themselves to the Chairman at the beginning of the meeting. At-large members shall not be authorized to assign a designee or proxy.

SECTION C: TERMINATION OF MEMBERSHIP Termination of membership shall occur when:

1. A letter of resignation is presented to the Governor, or designating authority, and copied to the chairman; or

2. A member fails to attend three consecutive meetings without prior written request for an excused absence from the CZDC Director and the Governor removes the member in accordance with the provisions of ACT 219 of 1997, or any subsequent amendments.

3. The appointing authority fails to reappoint an at-large member upon completion of a term, or terminates a designated member by appointing another person in the member's place.

ARTICLE VI: OFFICERS

The Capitol Zoning District Commission shall have a chairman, vice-chairman, treasurer, and any other officers deemed necessary by the Commission. The Secretary shall be the Director of the Capitol Zoning District Commission, serving as an ex-officio member of the Commission.

SECTION A: SELECTION

The Governor's designee shall serve as chairman. In the event of the vacancy or discontinuance of the position of Director of the Capitol Zoning District Commission, the Chairman shall appoint a Secretary. All other officers shall be elected at the annual meeting from nominations submitted by the membership. A majority vote of the Commission membership shall constitute election. Voting on an officer in which there is a contest shall be by secret, written ballot. In the event of a vacancy, the chairman shall appoint a member to fill the unexpired term.

SECTION B: TERMS .

The term of office for officers other than the chairman and secretary, shall be one year. There is no limit on the number of terms an officer may serve.

SECTION C: DUTIES

1. Chairman

The chairman shall preside at all meetings and hearings of the Commission; appoint members of committees established by the Commission; sign all approved minutes and, when authorized, other documents on behalf of the Commission; serve as an ex-officio member of all committees; and fulfill any other duties assigned by the Commission.

2. Vice Chairman

The Vice Chairman shall preside at any meeting or hearing of the Commission in the absence or disability of the chairman and fulfill any other duties assigned by the Commission.

3. Secretary

The Secretary shall attend all meetings of the Commission, its committees and advisory committees, providing advice on request, and shall be responsible for:

a. Seeing that minutes are recorded for each meeting;

b. Carrying on routine correspondence;

c. Seeing that the files of the Commission are maintained;

d. Maintaining a record of the rules and policies of the Commission;

e. Maintaining a record of the organization of the Commission and its staff;

f. Preparing the agenda of items to be considered at each meeting;

g. Attesting documents of the Commission;

h. Maintaining a liaison between the City of Little Rock and the State of Arkansas;

i. Preparing financial reports for the Commission; and

j. Any other responsibility that the Commission might assign.

4. Treasurer

The Treasurer shall reconcile the Commission's financial reports with the financial statements prepared by the Arkansas Department of Finance and Administration; report the results of the reconciliation's to the Commission; and fulfill any other responsibilities assigned by the Commission.

ARTICLE VII: COMMITTEES

SECTION A: SPECIAL COMMITTEES

Special committees may be created by the Commission and charged with such duties as the Commission deems necessary or desirable. Such committees shall include at least one Commission member. Special committees shall submit a report to the chairman and shall be dissolved on such date as their particular function or task has been completed. The completion date may be established by the chairman.

SECTION B: ADVISORY COMMITTEES

The Capitol Zoning District Commission shall have three (3) advisory committees: the Mansion Area Advisory Committee, the Capitol Area Advisory Committee, and the Design Review Committee. Each advisory committee shall have its own bylaws to establish its purpose, organizational structure, and manner of operation, so long as the Commission names its members and approves its bylaws and any amendments thereto.

ARTICLE VIII: MEETINGS

The Commission shall, at the last regular meeting of each calendar year, adopt a schedule of regular meeting dates, including time and location, for the forthcoming year. The schedule shall normally consist of monthly meetings.

SECTION A: QUORUM

A quorum for the transaction of business shall consist of the majority of the Commission members.

SECTION B: MEETING NOTICE

The mailing of a copy of the agenda to each Commission member one week prior to the date set for the regular meeting shall constitute notice of such meeting.

SECTION C: RULES OF PROCEDURE

Parliamentary procedure shall be as prescribed in the latest edition of Roberts Rules of Order.

SECTION D: VOTING

Any matter of business requiring action by the Commission may be presented by oral motion. Passage of any motion shall require an affirmative vote of the majority of the full Commission membership for passage. Failure to obtain a favorable vote from a majority of the full commission shall constitute a denial of the permit. Action on permit applications shall be voted on by roll call vote, and the minutes shall reflect the number of yeas, nays, and abstentions, if any. Other matters may be voted on by voice vote and the minutes shall reflect the motion to be "passed" or "failed".

SECTION E: OPEN MEETINGS

All regular and special meetings of the Capitol Zoning District Commission shall be open to the public and public notice shall be given as required by the Arkansas Freedom of Information Act.

SECTION F: PUBLIC RECORD

All minutes of the Commission meetings and all certificates, permits, applications, and other documents on which action has been taken by the Commission shall be open to the public according to the Arkansas Freedom of Information Act.

SECTION G: SPECIAL MEETINGS

Special meetings may be called by the Chairman or the Secretary, or by a quorum of the Commission members. Notice of such meetings shall be given as prescribed in Article VIII, Section B, unless such meeting is to be held within less

SECTION H: EXECUTIVE SESSIONS

The Commission may, either before, during or after any meeting, sit in executive or private session. No official business shall be transacted except privileged matters relating to personnel, pursuant to the exemption found in the Arkansas Freedom of Information Act.

SECTION I: ANNUAL MEETING

The Annual Meeting shall be held at the last meeting of each calendar year.

SECTION J: CONDUCT OF PERMIT APPLICATION HEARINGS

Public hearings for consideration of property permit applications shall be conducted in an orderly and rational manner. The order of hearing shall be as follows:

1. Announcement of the subject.

2. Finding of compliance with notice requirements.

3. Staff report to consist of a summary of the hearing topic, a report of staff findings, and applicable advisory committee recommendations.

4. Presentation by applicant.

5. Questions and comments by Commissioners.

6. Public comment.

7. Rebuttal by applicant.

8. Staff recommendation.

9. Motion and vote by Commissioners.

SECTION K: ABSENCE OF CHAIRMAN OR VICE CHAIRMAN

In the absence or disability of both the chairman and vice chairman at any Commission meeting or hearing, the member present with the longest continuous membership on the Commission shall act as chair during such meeting.

ARTICLE IX: AMENDMENTS

These bylaws may be amended or repealed by an affirmative vote of not less than a majority of the full membership of the Capitol Zoning District Commission.

Little Rock Capitol Area Zones

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1. See page 5, for "Definitions" for FAR.- definition.

2. See CZDC General Standards, "Use groups Section, for specific uses allowed within each use group category.

DEFINITIONS

The following terms as used in this section have the following meanings unless the context clearly indicates otherwise;

Accessory building, structure or use

"Accessory building, structure, or use" means a building, structure or use located upon the same lot as the principal building, structure, or use to which it is related. Accessory structures and uses arc allowed by right in conjuction with all allowed or permitted single family or two family residential uses provided that those structures and uses arc clearly incidental to the permitted principal uses.

(A) Accessory Uses

Accessory uses permitted arc as follows:

1. Domestics Quarters, provided said quarters arc used only by person employed on the premises and not for commercial purposes

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

3. Swimming pools, courts for racquet 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 Ordinances

4. Home Occupations in compliance with this ordinance (Note: The Capitol Zoning District Commission shall have final authority in determining the particular uses that may be defined as Home Occupations.

5. Signs in compliance with this ordinance

(B) Structures

Accessory Structures must comply with the following requirements:

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

Building Coverage

"Building Coverage" means the ratio of the total building area on a lot to the total area of the lot.

Building Height (Permitted)

(A) Permitted Height: The height permitted without review within the Capitol Zoning District shall be forty-five feet.

(1) The height of the building is determined as described hereafter: The highest vertical distance obtained under any roof clement. Said vertical distance shall be measured from the highest point of the coping of a flat roof, or from the highest point of a mansard roof, or from the mean elevation between the ridge and eavc of the gable of a sloped roof to the median elevation of a point on the final grade five feet (5") away from the foundation, or lo a reference datum of the natural grade prior to site disruption for construction, whichever yields a greater dimension.

(2) Exceptions to the permitted height shall only occur as allowed in Conditional Height and as approved by the CZDC using the height review procedures described below. Under no circumstances shall a structure exceed seventy five feel as measured using the procedure defined in section (1) above.

(B) Three Story Limit: Buildings which arc constructed under the permitted height of the district may have no more than three stories or portions thereof above grade. Buildings allowed, through height review, to exceed the permitted height, may have no more than five stories or portions thereof above grade.

(C) Non-Conformity to Seventy-Five Foot Limit: No addition lo that portion of the building exceeding the current seventy five fool height limitation is allowed for structures erected at a height conforming to the height limitations applicablcat the time of their erection which arc now non-conforming as to height. Appurtenances which meet the definition and requirements of "Appurtenances" below may exceed the seventy five foot height limit.

(D) Non-Conformity lo Permitted Height: There shall be no increase in the highest point of the floor area of buildings greater than the permitted height but less than seventy five feci in height, unless approved under Conditional Height Section below.

Building Height (Conditional)

(A) Thirty Feet of Additional Building Height Permitted: Building height may be increased by up lo thirty feet in Zones A1 and C upon a finding by the CZDC that the proposed height is in conformance with the provisions of this section and the Design Standards for the Capitol Area.

(B) Setbacks for the Thirty Feet of Additional Building Height When Permitted: In Zone A1, along Capitol Avenue, in order to protect the view of the State Capitol Building and Dome, any additions to the permitted height must be set back fifty feet from Capitol Avenue.

(C) Slopes Greater Than 10 Percent: On slopes greaterthan 10 percent in Zone C, the building height may exceed the permitted height but under no circumstances shall a structure exceed seventy five feet.

Building Height (Appurtenances)

Appurtenances mean architectural features not used for human occupancy, consisting of spires, belfries, cupolas or dormers; silos; parapet walls, and cornices without windows and necessary mechanical equipment usually carried above the roof level having no more than twenty-five percent roof coverage, including, without limitation, chimneys, ventilators, skylights, antennas, microwave dishes, and solar systems

(A) Appurtenances: Appurtenances may be added under the following circumstances:

(1) The addition of an appurtenance to a building is permitted if it does not cause building height to exceed the height allowed in this section, considering, for this purpose only, the uppermost point of the appurtenance to be the uppermost point of the roof.

(2) The CZDC may approve additions of appurtenances to buildings causing a building height to exceed the maximum permitted height if ALL the following standards are met:

(a) There is a functional need for the appurtenance

(b) The functional need cannot be met with an appurtenance at a lesser height; and

(c) Visible materials and colors are compatible with the building to which the appurtenance is attached.

(d) All appurtenances are consistent with the Design Standards for the Capitol Area

(3) No appurtenance may have usable floor area except for mechanical equipment installations; have more than twenty five percent coverage of the roof area of the building; or be more than sixteen feet in height. For the purposes of this paragraph, "coverage' means the total area enclosed by the screening and "roof area" means outside top covering of a building which is parallel to the ground.

(4) All mechanical equipment is screened from view, regardless of the height of the building, unless in the opinion of the CZDC such screening conflicts with the function of the mechanical equipment. The CZDC will determine if the screening of the equipment is adequate in form, materials, and color based on the following criteria:

(a) Screening is consistent with the building design, colors, and materials

(b) Screening placed on the portion of the roof which is least visible from adjacent streets and properties;

(c) Screening is consistent with the Design Standards for the Capitol Area

(d) The height of the screen is the minimum appropriate to adequately screen the mechanical equipment; and

(e) Screening does not increase the apparent height of the walls of the building. The use of parapet walls to screen mechanical equipment is discouraged. The height of parapet walls should be the minimum necessary to screen mechanical equipment.

Building Principal

"Building principal" means the building containing the primary use on the lot.

Dwelling Unit (D.U.)

For the purposes of these regulations, a D.U. consists of a habitable unit occupied by no more than three persons unrelated by blood, marriage, adoption, or other verifiable familial relationship.

Floor Area

"Floor Area" means the total square footage of all levels included within the outside walls of a building or portion thereof, (but excluding courts and uninhabitable areas below the first floor level).

Floor Area Ratio (FAR)

"Floor Area Ratio (FAR)" means the ratio of the floor area of a building to the area of the lot on which the building is situated. This calculation excludes structured parking, balconies, and decks.

Front Yard

The Front Yard is that portion of a building lot which directly abuts a public street and/or right-of way. In cases where a building lot is located on the corner of two intersecting streets, the narrowest portion of the lot contiguous to the public street will be defined as the front yard.

Mean Slope

For the purposes of caalculating the slope of a site for a height exception, the slope shall be the median slope as calculated along the long axis of a parcel.

APPENDIX A

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NOTES:

(a) Permitted Height of Forty Five (45) feel

(b) Thirty (30) Feet of Additional Building Height (allowed only in Zones A1 and C and only upon Height Review approval by the CZDC)

(c) Seventy five (75) maximum height (allowed only in Zones A1 and C and only upon Height Review approval by the CZDC)

(d) Buildings which arc constructed under the permitted height may have no more than three (3) stories

(e) Buildings allowed, through Height Review, to exceed the permitted height, but under no circum stances greater than Seventy Five (75) feet, may have no more than five (5) stories

(f) Thirty (30) Feet of Additional Building Height, upon approvals outlined in Note (b) above, shall be set back Fifty (50) Feet from Capitol Avenue

USE GROUPS

The permitted uses of land with in the Capitol Zoning District arc listed herein by use groups, and these use groups arc permitted only within the specific zones as indicated and within the limits of the zones as shown on the maps included in both the Capitol and Mansion Area Framework Master Plans. Specific uses and the use groups under which they arc listed arc identified below and arc referenced throughout the Framework Master Plans.

U.1 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

* Rail road passenger terminal

* Rail road right of way (excluding switching and marshaling 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 lower

* Water pipeline r.o.w., treatment plant, storage facility or pressure control station

U.2 COMMUNITY FACILITIES II

* Church, Synagogue, or Temple, including Sunday School facilities

* Community center (public)

* Museum or Art Gallery

* Nursery school, day nursery, kindergarten

* Parish house, parsonage, rectory or manse

* Park, playground, playfield or tot lot (public)

* School, elementary (public or equivalent private)

* School, secondary (public or equivalent private)

* Swimming pool (public)

* Tennis courts (public)

* Zoological gardens (public)

* Meeting or reception facility

* Tour Home (private)

U.3 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, philanthropicinstitution, 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, sanitarium

* 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, shop work or repair, maintenance of machinery or mechanical equipment)

* Studio: Ballet, Dance, Drama Fine Arts, Music Language

* Residential care or assisted living facility

U.4 SINGLE FAMILY RESIDENTIAL (One D.U.)

* Single family detached dwelling

* Home occupation (accessory use) -see Section U.14 of this chapter for required conditions.

U.5 TWO FAMILY RESIDENTIAL (Two D.U.)

* Two family dwelling

* Detached duplex

* Home occupation (accessory use) - see standards at end of this chapter

U.6 MULTI-FAMILY RESIDENTIAL (More than two D.U.)

* Apartment building

* Townhouse

* Apartment hotel

* Bed and breakfast house (max. of 5 guest rooms)

U.7 PROFESSIONAL OFFICES

* Advertising agency

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

* 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 persons as:

Accountant

Architect

Attorney

Business consultant

Chiropractor

Court reporter

Dentist or dental surgeon

Detective service

Engineer

Geologist

Graphic artist

Interior designer (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 arc to operate in their entirely within a completely enclosed structure.

U.8 GENERAL OFFICES

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

* Bailbond broker

* 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', or engineers or scientific supplies and equipment or dental, medical or office supplies or equipment

* Transportation ticket service

* Post Office

Enclosure or 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.

U.9 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

* Skaling rink; commercial

* Swimming pool; commercial (exempted from enclosure)

* Tavern, night club, or semi-private club*

* Tennis court commercial (exempted from enclosure)

* Arcade

*Note: "Tavern" means an establishment serving mall, vinous, and spirituous liquors in which the principal business is the sale of such beverages at retail for consumption on the premises and where sandwiches and snacks arc available for consumption on the premises.

U.10 QUIET BUSINESS

* Antique shop (not junk or second hand merchandise)

* Art shop (sales only)

* Artist supply stores

* Barbershop

* Beauty Shop

* Bookstore or newsstand

* Camera and photographic supply store

* Cigar or tobacco shop

* Clothing or accessories store

* Delicatessen, sandwich or coffee shop

* Gift shop

* Grocery (neighborhood)**

* Gym or fitness center (commercial)

* Health clubs, therapeutic massage 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 lake 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 entirely within a completely enclosed structure.

*Note: "Restaurant" means an establishment provided with special space, sanitary kitchen, dining room equipment, and persons to prepare, cook and serve, in consideration of payment, meals and beverages to guests

**Note" "Neighborhood Grocery" means any retail establishment offering for sale a limited line of groceries and household items intended for convenience of the neighborhood, and shall not exceed 12,000 square feet of floor area.

U.11 CONSUMER GOODS AND SERVICES

The following consumer goods:

* 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 store

* 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 appliances

* Limited price variety store*

* Liquor store

* Lumber (retail sales)

* Mail order house (no stock)

* Meal 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

* Cabinetmaker

* 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

* Pawnshop

* 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 shall be operated in its entirety within a completely enclosed structure.

* Uses in this group maked with an asterisk shall be treated as a quiet business when the total floor area of the business will be less than 4,000 square feet.

U.12 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

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.

U.13 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

* Photo finishing 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

U.14 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 Zoming District Commission following due consideration.

HOME OCCUPATTONS

Home occupations shall be defined as any use customarily conducted entirely with in a dwelling or an accessory building and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the dwelling nor the neighborhood; and in connection with which, there is a sign meeting the signage requirements, no display, no stock-in-trade, no outside storage of equipment, and no commodity sold upon the premises. There shall be not more than three (3) persons engaged in such an occupation, at least one (1) of which must be the occupant of the dwelling.

Home occupations shall be allowed by Right of Ordinance with in the Capitol Zoning District, provided that the character of the dwelling and of the neighborhood is not adversely affected by the use of the dwelling unit and provided that the use is in compliance with the provisions of this section.

The Capital Zoning District Commission shall have final authority in determining the particular uses that may be defined as Home Occupations.

city of the street, which is to be encouraged.

C23. Align facade elements with others in the block.

* This is particularly relevant along "A" type streets.

* Facades should be articulated to repeat the standard heights of building components, such as floor levels and cornices.

Distinction Between Upper and Lower Floors

Typically, the first floor of commercial buildings is predominantly transparent with a large proportion of void to solid. Tins distinction helps to define the first floor as more open to the public in general. The line established by uniform storefront heights also helps to establish a sense of scale for pedestrians.

C24. Express the distinction between upper and lower floors in commercial buildings.

* Develop the first floor as primarily transparent.

* On upper floors, consider using windows or other architectural features that will reinforce the typical rhythm of upper story windows found on traditional commercial buildings.

Building Height

A primary concern is that a new building or major additions to an existing building be designed to maintain views of the Capitol building and done. This particularly includes considerations of placement and also height of any new construction. Allowable building height is limited to 45 feet with a maximum of three stories in the Capitol Zoning District. Upon a Height Review and subsequent approval by the CZDC, additional height of up to 3 0 feet, but under no circumstances exceeding 75 feet total with a maximum of five stories, can be allowed. The definitions for allowable height and allowances for additional height are included in the General Standards. The criteria by which the CZDC will review a proposal for conformance with these standards follow.

C25. In general, buildings may be no more than 45 feet or three stories in height.

A building in Zone A1 or Zone C may exceed this limit if the following conditions are met:

* In Zone C, if the property slopes greater than 10% and the additional floors arc located down hill, such that no more than four stories arc above grade at the higher end of the site.

* The building will appear compatible height with other buildings in the block.

* Residential uses will be incorporated into any additional height which exceed the allowable limits within Union Station Neighborhood, Zone C.

* Standards for views listed below arc met.

C26. A building should appear compatible in height with established buildings in the block.

* If a structure would be markedly taller than adjacent buildings, step down the height to establish a transition in scale with the adjacent structure.

C27. Although a general similarity in building heights at the sidewalk is encouraged, variety in building form is desirable in large building projects.

* For large projects that occupy several lots, variation of building height within the project is encouraged.

* For smaller projects, consider variation of the overall height in relation to its neighbor.

C28. The placement of any new building or significant addition to an existing building should be evaluated for any potential impacts upon existing views.

Careful consideration regarding the placement of new buildings and major additions to existing buildings should be given particularly upon their impacts to existing views. Three types of views should be considered, including:

* View Corridors; view corridors, such as those along Capitol Avenue, should be maintained and frame views as possible.

* Panoramic Views; views from areas such as the 1-630 Corridor and the western approach from W. 3 rd St. should be maintained.

* Vistas; Vista points, from areas such as the Capitol steps, should be maintained.

Building Materials

Although variety in building styles is anticipated, visual continuity among major building materials is desired throughout the Capitol Area. Materials should be similar in appear-

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SECTION 2-107 NON-CONFORMING USES OF LAND AND STRUCTURES

A. PURPOSE

The purpose of this section is to establish regulations and limitations on the existence of uses 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 non conformities may continue, but the provisions of this section are designed to curtail enlargement or expansions of such non-conformities 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 non-conforming use of part or all of a structure or any lawfully existing non-conforming 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 non-conforming use of land shall not be extended, expanded, enlarged or increased. 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 non-conforming use on the effective date of this ordinance, or any amendment hereto which causes such use to become non-conforming.

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 non-conforming.

4. Relocations

No structure that is devoted in whole or in part to a non-conforming 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 non-conforming 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 zone in which such use of land is located after being so relocated.

5. Change in Use

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

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

6. Abandonment or Discontinuance

When a non-conforming use of land or a non-conforming use of part or all of a structure is discontinued or abandoned for a period of ISO 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 non-conforming structure which is devoted to a use which is permitted in the zone 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 or which is not in conformance with the CZD Design Guidelines 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 and use thereof shall thereafter conform to all regulations of the zone 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 non-conforming 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 zone in which such structure is located after being relocated.

4. Structural Alterations

A non-conforming building shall be structurally added to, reconstructed or extended only under the following conditions:

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 Commission 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 into more than thirty percent (30%) 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 (front, side or rear) 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.

Notes

034.00.99 Ark. Code R. § 003

3/26/1999