RULE 034.00.77-001 - Capitol Zoning District Master Plan

RULE 034.00.77-001. Capitol Zoning District Master Plan

ARTICLE I AUTHORITY

Section 1.1 Enabling Legislation

By Act 267 of 1975, the Seventieth General Assembly of the State of Arkansas created a Capitol Zoning District and a Capitol Zoning District Commission to supervise zoning within the district; to develop a Capitol Zoning District Master Plan and for other purposes.

Under Section 4 of Act 267 the Commission is authorized to Coordinate its Master Plan with city, county and other area planning agencies and to enter into agreements with the City of Little Rock providing for mutual cooperation and joint regulation within the district with respect to planning and zoning, permission to build upon or otherwise use land, enforcement of building, safety and health codes and inspection to assure compliance. Such agreements between the City of Little Rock and the Commission may not cede the Commission's final authority over the matters entrusted to it by law.

The CZDC has exclusive authority over the zoning and regulation of all property within the CZD and no subdivision of the State has any zoning or control authority except as agreed upon by the Commission.

Exempted from the above stated authority of the CZDC are properties owned by the State, and existing streets, alleys or utilities.

1.2 CZD Master Plan

The CZD Master Plan is the official comprehensive plan for coordinating physical development in the two district areas. This plan has been adopted according to the provision of the Arkansas Administrative Procedures Act by the CZD Commission and registered with the Secretary of State as the legal document which transmits Act 267 into applicable regulations and administrative actions. Contained in the Master Plan is the CZD Ordinance, goals and objectives for the CZDC, an Urban Design Plan for each area, and an outline of responsibilities for the various agencies involved in implementing the plan. Any questions concerning the intent of the legislation or zoning regulations will be directed to this plan for clarification. The Administrative Rules and Procedures manual amplifies that portion of the Master Plan; that deals with administration of the regulations, land use, administrative procedures and design criteria.

1.3 Enforcement of the CZD Ordinance

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

In case any property owner violates this ordinance the Capitol Zoning District Commission may in its name, institute or defend actions by and on its own behalf, or in behalf of the owner or owners of property within said district, to enjoin any breach or violation thereof. No bond shall be required of the Commission in any such action for the issuance of any temporary or permanent order, or an appeal.

Any person aggrieved by any rule, regulation, decision or order of the Capitol Zoning District Commission may appeal the action to The Circuit Court of Pulaski County, Filing of such appeal shall in no respect suspend the operation of any such rule, regulation, decision or order; nor shall the Circuit Court order any such suspension without a full hearing.

The division of enforcement responsibilities between the Commission and the City of Little Rock is outlined below:

CZD Commission

1. Unauthorized vehicles use area - no grounds permit

2. Diversion of construction from approval plans

3. Unauthorized demolition City of Little Rock

  

1. Unauthorized building

2. Unauthorized signage

3. Building code violations

4. Unauthorized usage

5. Lock of Certificate of Occupancy

6, Lock of Privelege Licence

Any further questions concerning the enforcement of CZD Ordinance shall be resolved by the Commission as they occur.

1.4 Boundaries

The CZD consists of two distinct areas hereafter referred to as the Capitol Area and the Mansion Area. The CZD is divided into areas and sub-areas as named and described below. The boundaries of the areas are hereby established as described below and as shown on the Capitol Area Zoning Map, and the Mansion Area Zoning Map.

1.4- 01 Interpretation of the CZD Zoning Map

If there is any uncertainty, contradiction or conflict as to the intended location of any zoning district boundary, the CZD Administrator, shall make an interpretation of the request of any person. Any person aggrieved by any such interpretation may appeal such interpretation to the GZDC. The Administrator and the Commission, in interpreting the zoning map or deciding any appeal, shall apply the following standards.

a. Zoning district boundary lines are intended to follow lot lines, or be parallel or perpendicular thereto, or along the center lines of alleys, streets, rights-of-way, unless such boundary lines are fixed by Act 267 of 1975.

b. Where zoning districts boundary lines are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundary lines.

c. Where a zoning district boundary line divides a lot, the location of any such zoning district boundary line, unless indicated by dimensions shown on the zoning map, shall be determined by the use of the map scale shown thereon.

d. If, after the application of the foregoing rules, uncertainity still exists as to the exact location of a zoning district boundary line, the boundary line shall be determined by the CZDC, considering the history of uses of property and the history of zoning ordinances and amendments in the City of Little Rock as well as all other relevant facts.

1.4- 02 Capitol Area Boundaries

Beginning at the point where the northern edge of Wilbur Mills Freeway

(I-630) intersects the eastern edge of the right-of way

of the Missouri Pacific and Rock Island Railroad line, thence, northeast along the southern boundary of said right-of-way to the point where the center line of Cross Street, extended northeast, intersects said right-of-way, thence, south along the center line of Cross Street to the point where said line intersects the northern edge of the proposed Wilbur Mills (1-630) Freeway as surveyed by the Arkansas Highway Department, thence westward along the northern edge of the proposed and existing Wilbur Mills (1-630) Freeway, as surveyed by the Arkansas Highway Department, to the point of the beginning.

CAPITOL AREA

SUB-AREA DESCRIPTIONS

SUB-AREA "A"

To include those blocks bordering the Capitol Grounds on 3rd Street from Victory Street west to the Missouri Pacific and Rock Island Railroad line right-of-way; on 7th Street from High Street west to Marshall Street; on Woodlane Street from 3rd Street to the 1-630 right-of-way; and those blocks abutting Capitol Avenue.

SUB-AREA "B"

To include those blocks bounded by 2nd Street on the south; the southern boundary of the Missouri Pacific and Rock Island Railroad Line right-of-way on the north and west; and Cross Street on the east.

SUB-AREA "C"

To include those blocks bounded by 4th Street on the south; Victory Street on the west; 2nd Street on the north; and Cross Street on the east.

SUB-AREA "D"

To include those blocks bounded by the proposed 1-630 right-of-way on the south; Victory Street on the west; 6th Street on the north; and Cross Street on the east.

SUB-AREA "E"

To include those blocks bounded by the proposed 1-630 right-of-way on the south and east; the Missouri Pacific and Rock Island Railroad line right-of-way on the west and 7th Street on the north.

1.4 -03 Mansion Area Boundaries

Beginning at a point on the southwestern corner of 15th and Scott Streets, in the City of Little Rock, Pulaski County, Arkansas, proceeding south along the western side of Scott Street to the northwest corner of 22nd and Scott Streets, thence, west along the northern boundary of 22nd Street to the northeast corner of 22nd and Arch Streets, and then north along the east side of Arch Streets, and then east along the south side of 15th Street, to the point of beginning.

MANSION AREA

SUB-AREA DESCRIPTIONS

SUB-AREA "A"

To include those blocks bounded by 22nd Street on the

south; the east/west rear property lines of the blocks between Broadway and Spring Streets on the west; 15th Street on the north; and the east/ west rear property lines of the blocks between Louisiana Street and Main Street on the east.

SUB-AREA "B"

To include those blocks bounded by 19th Street on the south; the east/west rear property lines of the blocks between Louisiana Street and Main Street on the west; 15th Street on the north; and Scott Street on the east, but not to include the two half blocks on the west side of Scott Street between 15th Street and 17th Street.

SUB-AREA "C"

To include those blocks bounded by 22nd Street on the south; the east/west rear property lines of the blocks betwwen Louisiana Street and Main Street on the west; 19th Street on the north; and the east/west rear property lines of the blocks between Main Street and Scott Street on the east.

SUB-AREA "D"

To include those blocks bounded by 17th Street on the south; Arch Street on the west; 15th Street on the north; and Broadway Street on the east.

SUB-AREA "E"

To include those blocks bounded by 22nd Street on the south; Arch Street on the west; 17th Street on the north; and the east/west rear property lines of the blocks between Broadway Street and Spring Street on the east; and in addition, to include the two half blocks on the east side of Broadway Street between 15th Street and 17th Street; but not to include the three half blocks on the east side of Arch Street between 22nd Street and 19th Street.

SUB-AREA "F"

To include the three half blocks on the east side of Arch Street between 22nd Street and 19th Street.

SUB-AREA "G"

To include the three half blocks on th west side of Scott Street between 22nd Street and 19th Street.

SUB-AREA "H"

To include the two half blocks on the west side of Scott Street between 17th Street and 15th Street.

ARTICLE II ADMINISTRATION

Section 2.1 Organization

2.1-01 Capitol Zoning District Commission

The CZD Master Plan and Ordinance is administered and enforced by the CZD Commission. The Commission, as created by legislation, is comprised of the Governor, the Secretary of State, the Little Rock Director of Comprehensive Planning, and two at-large citizen members. This body shall meet monthly, as a planning commission, to hear matters concerning the following:

a) project proposals for major developments; P.U.D,; adaptive use

b) requests for conditional use permits

c) requests for variances

d) requests for demolition of significant structures

e) requests for non-conforming use approval or renewal

f) permit requests relative to significant structures

g) appeals

h) summary reports on other requests; administrative matters

i) citizen communications

j) other business

2.1-02 Capitol and Mansion are Advisory Committees Two standing committes, one in each area, representing members of of the Commission and interested persons actively involved in the development of the CZD neighborhoods, meet when necessary to provide input to the Commission on policy issues. The Advisory committees shall review and evaluate the effectiveness of the CZD regulations and make recommendations to the Commission for improvements. The committees are not responsible for commenting on individual project proposal, appeals, or permit requests.

Further detail on the committees is provided in Article X.

2.1-03 CZD Administrator

The CZD Administrator and staff are responsible for managing the activities of the Commission and administering the ordinance. The administrator is housed in the Department of Arkansas Natural and Cultural Heritage in close proximity to the City of Little Rock offices. The staff reviews all projects within the district and makes recommendations to the Commission on development projects and permit applications. In addition, continual research and planning is carried on to encourage a coordinated, sensitive growth in the Capitol area and the preservation of neighborhood character in the Mansion area.

The CZD staff has assumed many of the administrative functions involved in project review, inspection, permitting, and enforcement of building regulations previously performed by the city.

The CZD Administrator shall have the authority to act on behalf of the Commission on certain permit applications and procedural matters to eliminate undue delay in the granting of permits which are in conformance with the provisions of the CZD ordinance.

These shall include:

1) determination of relatedness criteria

2) determination of zoning compliance for building permits

3) determination of sign permit compliance

4) determination of initial stay of demolition for significant structures

5) issuance of grounds permit

6) approval of privilege license

7) approval of certificate of occupancy

2.1-04 Department of Arkansas Natural and Cultural Heritage (DANCH)

The DANCH provides the CZDC with office space, transportation, and clerical support. The staff of the Historic Preservation Program, a division of the department, provides upon requests, technical assistance on behalf of the Commission in determinations and judgments concerning significant structures. In addition, the DANCH cooperates with the CZDC in assisting residents and developers with proposals for various preservation projects within the district.

2.1-05 City of Little Rock

Agreements between the CZD Commission and the Little Rock Community Services and Comprehensive Planning Departments have been established to efficiently accommodate the parallel review and permit processes of the CZD. Most of those review and permit processes of the CZD will occur before the project application enters the city's process. No previous contact with city offices, (relative to the regulations of the CZD Ordinance), is necessary to initiate the review and application processes of the CZD. Those responsibilities assigned to the city are:

a) Building Permit - City staff will process applications in their normal manner following review and approval by the CZDC and issuance of the required Certificate of Compliance and premits.

b) Collection of Fees - All fees normally collected by the city related to their review of applications, the issuance of permits, etc, shall continue to be in effect and due to the city as prescribed by the Little Rock Board of Directors or Code of Ordinances.

c) Issuance of Sign Permit - City will issue a sign permit upon approval by the CZDC staff and payment of fees.

d) Issuance of Privilege License - City will issue a privilege license and register the operation of a business upon approval by the CZDC staff.

e) Certificate of Occupancy - City will issue a Certificate of Occupancy following final project inspection and approval by the CZDC staff.

f) Enforcement of Regulations - City will enforce all designated regulations within the district except as otherwise noted in this manual.

There are numerous permits, waivers, and review procedures which the city presently provides which shall not be the: responsibility of the CZDC.

Actions related to the following shall continue to be taken by the city with no approval required from the CZDC.

a) preliminary plat

b) sub-division waiver

c) building code waiver

d) housing code waiver

e) traffic improvements

f) traffic waiver

g) street improvements

h) street waiver

i) final sub-division

j) plumbing

k) electrical

l) drainage

2.2 Administration

2.2-01 Agency Responsibility

Table 1 identifies the agency responsible for each stage in the various application processes for CZD permits. For each permit request or requirement, except health requirements, the applicant must first approach the CZD office instead of the city. This Is required to avoid any confusion with existing city regulations that may differ from the CZD Ordinance. Approval from the CZDC on all matters covered in the Master Plan is now required as a first step in the development process for projects within the district.

Most of the technical aspects of project review and inspection will continue to be the responsibility of the city, as well as any fee collection for permits. Other responsibilities, including enforcement, will be shared with the city as agreed upon by both agencies.

For the most part, the staff of the Little Rock Community Services Department will function as usual in respect to building permit inspections, reviews, fee collection, permitting, and enforcement, The CZD staff is concerned primarily with reviewing project proposals in relation to land use, signage, landscaping, and preserving significant structures.

TABLE 1

ADMINISTRATIVE RESPONSIBILITIES

of

CAPITOL ZONING DISTRICT COMMISSION AND THE CITY OF LITTLE ROCK

REGULATION

APPLICATION MADE TO

REVIEW OF PLANS

..PHYSICAL INSPECTION

DETERMINATION (APPROVAL)

FEE

r COLLECTION

ISSUANCE OF PERMIT

ENFORCEMENT

Building Permit

CZD

LR/CZD

LR

LR/CZD

LR

LR

LR

Certificate of Compliance

CZD

CZD

CZD

CZD

-

CZD

CZD

Sign Permit

CZD

CZD

CZD

CZD

LR

LR

LR/CZD

Demolition Permit

CZD

LR/CZD

LR

CZD

-

LR

LR

Grounds Permit

CZD

CZD

CZD

CZD

-

CZD

CZD

Health Permit

PUL*

PUL

PUL

PUL

PUL

PUL

PUL

Cert, of Occupancy

CZD

CZD/LR

LR/CZD

CZD

-*

LR

LR/CZD

Privilege License

CZD

CZD

CZD

CZD

LR

LR/CZD

LR/CZD

Conditional use Permit

CZD

CZD

CZD

CZD

~

CZD

CZD

Variance

CZD/LR

LR/CZD

CZD/LR

CZD/LR

LR

LR/CZD

LR/CZD

P.U.D. Projects

CZD

CZD

CZD

CZD

-

CZD

CZD

* Pulaski County

ARTICLE III PROCEDURES

Section 3.1 Building Permit

3.1-01 Requirement: Building Permit

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 CZDC of the use and design provisions of the CZD Ordinance. Specifically use, landscaping, signage and demolition of a structure within the district must be approved by the Commission.

3.1-02 Building Permit and Plan Review Procedure

Whenever any structure or building is to be erected, structually altered, or extended, a building permit with CZDC approval shall be obtained in accordance with the following procedures:

a) After the developer has determined his project lies, within the CZD boundaries, that party shall complete the following forms provided by the CZD office: (Room 410, Continental Building, Markham and Main.)

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)

It is not necessary for the applicant to obtain a building permit application from the city at this time.

b) Required Information

All applications for building permits shall be accompanied by a site plan. Every site plan shall be submitted in four identical copies on one or more sheets of paper measuring not more than 24 by 36 inches, drawn to a scale not smaller than 40 feet to the inch, certified by a registered land surveyor or professional engineer, which shall show the following:

1. The boundary lines of the area included in the site plan, including angles, dimensions and reference to a section corner, quarter corner or point on a recorded plat, an 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 2 feet.

3. The shape, size, location, height and floor area of all structures, the floor area and ground coverage ratios and finished ground and basement floor grades.

4. Natural features such as woodlots, streams and lakes or ponds, and man-made features such as existing roads and structures, with indication as to which are to be retained and which are to be removed or altered. Adjacent properties and their uses shall be identified.

5. Proposed streets, driveways, parking spaces, loading spaces and sidewalks, with indication of direction of travel for one-way streets, and drives and inside radii of all curves. The width of streets, driveways and sidewalks and the total number of parking spaces shall be shown.

6. The size and location of all existing and proposed public and private utilities and required landscaping .

7. A vicinity sketch showing the location of the site in relation to the surrounding street system.

8. A legal description of the land included in the site plan and of the lot; the name, address and telephone number of the owner, developer and designer.

9. Any other information necessary to establish compliance with this and other ordinances or the availability of adequate utility capacity.

c) The developer may request a "Pre-application" meeting with the CZD staff to discuss a project prior to the completion of the above applications. The developer may also request to follow-up this meeting with a presentation of the proposed project before the commission at a regular monthly meeting. Such presentations must be scheduled by the administrator and will be limited to 15 minutes. During this time the developer shall present, in general terms, the contents of the proposal, all uses intended for the project, the scale and magnitude of development, and any other pertinent information needed to begin the review process.

d) Following the completion of the application forms and submission of plans, the review process shall begin. Prior to issuing a Certificate of Compliance, the Administrator and staff shall review building and site plans to determine their compliance with the CZD regulations as stated in the Master Plan.

e) After review by the CZDC, a Permit Packet containing the above mentioned elements shall be submitted by the Administrator to the Little Rock Community Services Department (LR CSD) to continue the building permit process. City staff will begin their review only upon receipt of the approved CZD applications. Portions of the packet may be forwarded to the city immediately after approval by the CZDC if the remaining portions can be reviewed independently and are in no way contingent upon those already completed. The LR CSD review will proceed in the regular manner at their offices, excluding review of those sections already covered in the CZD review process, until a determination is made on the permit.

f) The city will ultimately issue all building permits, collect fees, and enforce the related provisions and regulations. Normal processing time for issuance of a building permit within the CZD should remain approximately the same as the existing review time established by the city.

3.2 Usage

3.2-01 Requirement: Certificate of Compliance Each application for a building permit must be accompanied by an approved Certificate of Compliance. This certifies that the use or intended use for any structure to be erected or altered has been reviewed by the CZD staff and complies with the CZD Ordinance. Also, design features and relatedness criteria as specified in the Master Plan will be considered at this time.

3.2-02 Certificate of Compliance Procedures

An application for a Certificate of Compliance shall be filled out by the CZD staff when a project is proposed and plans are submitted to the CZDC office. This form shall be used as a review checklist to identify the following:

1. project type and location

2. a non-conforming use

3. a use not specified in the Master Plan

4. the need for a conditional use request

5. discrepancies in the site plan, parking requirements, height and bulk limits, or density

6. the presence of any significant structures

7. Commission action needed if any

8. project relatedness and design factors Commission review and approval is required for:

1. all conditional use requests

2. all projects concerning a significant structure as determined by an adopted Significant Structures Map and Index for each area.

3. all variance requests

4. all demolition requests

5. all requests for PUD status

All Commission decision relevant to the above will be determined at regular meetings subsequent to a presentation and hearing of the proposal. In instances where Commission action is required, a delay in the normal permit process should be expected due to the scheduling of Commission hearings and the time needed to review and prepare staff recommendations. When possible, a hearing will be scheduled at the next regular meeting following the application date. If the application is submitted less than one week prior to the next regular meeting, the hearing will be scheduled for the following meeting.

In the event a Commission hearing is needed, the issuance of a Certificate of Compliance will be delayed until the Commission has rendered their decision. A Certificate of Occupancy will be granted upon approval of the completed project by the CZD staff.

3.3 Landscaping

3.3 -01 Requirement: Grounds Permit

All vehicular use areas except those located on, under, or within buildings and those serving single and two family residential uses shall be approved by the Commission - relative to design and landscape requirements. Prior to the development of any vehicular use area, a Grounds Permit must be obtained from the CZDC.

3.3-02 Grounds Permit Procedure

All projects involving vehicular use areas shall contain an approved Grounds Permit as an element in their Permit Packet before transmittal to and review by the city. Issuance of this permit by the CZDC is contingent upon the following:

a) The developer shall submit four (4) copies of a combination site-planning plan. Said plan, hereafter referred to as a "Vehicular Use Plan," shall be required for all proposed vehicular use areas. When the vehicular use area is related to a proposed new structure, the vehicular use plan shall be submitted at the time of submittal of building plans of the proposed structure. The name, address, and telephone number of the owner, the developer and designer shall be submitted with the plan.

b) The following information shall be shown on the plan:

(a) North point and scale

(b) All dimensions and property lines

(c) Existing and proposed lighting, parking spaces, access aisle, driveways, sidewalks, wheelstops, curbs and other vehicular use controls

(d) The location of curb cuts on adjacent property, median openings on abutting streets, related buildings and adjacent land uses

(e) Existing traffic controls, parking meters, utilities, fire hydrants, building exits, and storm sewers located on public rights-of-way abutting the property

(f) The location, species and size of all existing trees two (2) or more inches in caliper

(g) The location of all proposed plant materials. The botanical and common names, together with the quantity spacing and size of alo such materials

(h) An exterior elevation and a wall section for any decorative screen indicated on the plan

c) Within ten (10) days of receipt of the plan, it shall be reviewed by the CZD staff and if found in compliance with the requirements of the Ordinance, a grounds permit shall be issued.

d) Upon completion of improvements, the CZD Administrator shall inspect the vehicular use area for compliance with the approved vehicular use plan. Notice of approval by the CZDC office is required prior to the issuance of a Certificate of Occupancy by the city for a completed project. When occupancy of a related building is desired prior to completion of the vehicular use area, a temporary Certificate of Occupancy may be issued if a financial guarantee acceptable in form to the CZDC is provided.

3.4 Signage

3.4-01 Requirement: Sign Permit

No sign, other than those allowed for one and two-family residential uses, those wall mounted signs allowed for individual occupants of multi-family residential uses, those temporary signs not specifically required to have a permit, those signs required by law, those allowable signs on vehicles, those signs on products, product containers, and product dispensers and public informational and safety signs shall be erected, relocated or otherwise altered in height or size without securing an appropriate permit from the CZDC.

All signs except the above shall be tagged and permitted. It is the sign owner's responsibility to have his sign properly tagged and permitted, and if not accomplished, a sign will be classified as abandoned and will be removed.

3.4-02 Sign Permit Procedure

Application for permits shall be made to the CZD office (Room 410 Continental Building, Markham & Main). Within one year of the effective date of the CZD Ordinance all signs shall be properly permitted and tagged. Signs tagged by the city prior to the effective date of the CZD Ordinance need not renew their sign permits until they fall due as initially permitted.

Permits are to be issued for a period of two years and all sign owners are required to renew their sign permits every two years on the anniversary date of the initial permit. Any sign not renewed within 30 days of the anniversary date shall be classified as abandoned and removed.

Accompanying each application for a sign permit for a new sign shall be:

1) For ground mounted signs - a land survey, prepared by a registered land surveyor showing all existing and proposed improvements and sign location.

2) For building mounted signs - building elevations showing sign locations.

3) For each sign - detailed drawings and specifications

All drawings shall be to scale and legible.

Accompanying each application for a sign permit for an existing sign shall be:

1) A completed application form stating all necessary facts concerning each sign, signed and certified by the owner.

2) Photographs of each sign.

3.4-03 Sign Permit Fee Schedule

1)

All Off Premise signs

$25

2)

All On Premise signs

  
  

a. Ground Mounted signs

$20

  

b. Projecting signs

$15

  

C. Wall signs

$10

3)

All Biennial Renewals

$5

Permit fees are established and collected by the city.

3.4-04 Nonconforming Signs

All signs which are nonconforming as a result of the adoption of the CZD Ordinance shall be removed or made to conform upon expiration of the amortization periods shown below, unless a sign was nonconforming under the provisions of Little Rock Ordinance No. 12,970, adopted October 15, 1974, and under the provissions of said would have been required to be removed or made to conform at an earlier date, in which case said nonconforming signs shall be removed or made to conform at an earlier date.

3.4-05 Amortization Schedule

Sign Type

Amortization Period

All prohibited signs

1 year

All nonconforming signs

5 years

The use of nonconforming signs may continue until expiration of the amortization period; however, if such sign is removed or destroyed to greater than seventy-five (75) per cent of its cost, then it may not be replaced or reconstructed unless made to conform.

Nonconforming on-premise signs may not be altered unless such alteration conforms to these provisions and in no case shall such alteration Increase the nonconformity of the sign.

The CZD shall review requests for replacement or reconstruction of nonconforming signs destroyed to greater than 75 per cent of their cost and may allow such only if in keeping with the intent of these provisions.

3.5 Demolition

3.5-01 Requirement: Demolition Permit

It shall be a violation of the CZD Ordinance for any person to demolish or remove any designated significant structure within the district without the written consent of the CZDC. A demolition permit shall be issued by the Commission following review by the staff, a public hearing at a regular CZDC meeting, and approval by the Commission.

3.5-02 Demolition Permit Procedure

If an application is received for demolition or removal of any designated significant structure, the CZDC shall hold a hearing within thirty (30) days after the application is initially filed with the CZD office. The Commission shall hear all interested parties. The Commission shall consider the state of repair of the building, the reasonableness of the cost of restoration or repair, taking into account the purpose of preserving the designated significant structure, the character of the neighborhood, and all other factors which it finds appropriate. The Commission may disapprove . the application by determining that in the interest of preserving its special values, the structure should not be demolished, and in that event, the application shall be suspended for a period not exceeding ninety (90) days from the date of application.

Within the suspension period, the Commission may, after notice to applicant and public hearing, determine that there is reasonable ground for preservation and may extend the suspension period for an additional period not exceeding 60 days, to a total of hot more than 180 days from the date of application for demolition. During this period of suspension of the application, no permit shall be issued for such demolition or removal nor shall any person demolish or remove the building or structure. If no action is taken by the CZDC within 180 days from the date of application, the demolition permit shall be issued.

ARTICLE IV FEES

Section 4.1 Fees

All fees normally collected by the City of Little Rock related to the review of applications, the issuance of permits, etc. shall continue to be in effect and due to the City as prescribed by the Little Rock Board of Directors or Code of Ordinances, Fees for Conditional Use Permits, Variances, Ground Permits, Certificates of Compliance, and Demolition Permits within the CZD are not required at this time.

ARTICLE V

CONDITIONAL USE

Section 5.1 Conditional Use

A Conditional Use is a land use which is not permitted be right as set forth in the CZDC Ordinance but which may be permitted upon the approval of the CZDC if it is determined that sufficient safeguards are taken for the protection of adjacent properties and the stated intentions of the Ordinance.

5.1-01 Application Procedure

a. The applicant (owner or authorized agent) shall pick up a copy of the Conditional Use application at the CZD office. Room 410, Continental Building, Markham & Main Streets, and complete the application form.

b. The applicant shall submit as part of the application, four (4) copies of a recent survey, certified by a registered land surveyor, showing all existing and proposed improvements with all dimensions. (The proposed improvements may be illustrated on a separate drawing.)

c. The CZD Administrator shall schedule a hearing on the proposed Conditional Use for the next regular commission meeting before which time the requirements of notice contained in "e" and "f" can be met.

d. After properly filing the application, the applicant shall give notice as noted below. The costs of these notices shall be borne by the applicant.

The Capitol Zoning District Commission shall not consider a request for a conditional use of any property before the applicant shall have given not less than ten (10) calendar days written notice of the time, place and the date of the public hearing on the requested Conditional Use to all owners of record of property situated within 200 feet of the property for which the Conditional Use Permit is requested. The list of owners must be certified by a licensed abstractor. 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.

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 CZD Administrator no later than six (6) calendar days prior to the hearing date.

e. 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 attained from this office.

f. The applicant is required to be present at the hearing in order to answer any questions the commission or interested parties may have.

g. Non-compliance with the process described in subsection "a" through "f" 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 renotification of property owners. NOTE: A copy of the Conditional Use application is found in the appendix, along with a copy of the required affidavit.

5.1-02 Staff Report

In preparation for the hearing a report by the CZD staff shall be prepared and submitted to the Capitol Zoning District Commission recommending or not recommending that the Conditional Use Permit be approved. The Commission shall consider the staff report along with the other evidence presented at the hearing; however the Commission shall not be bound by the recommendations of the report.

5.1-03 Criteria

The following subsections contain the criteria by which the decision to grant a Conditional Use is made or denied.

a. Need / Demand - consider the availability of suitably zoned land for the proposed use and whether there exists a need or demand for the use for which the permit is requested.

b. Compatibility with the Master Plan - assesses to what extent the proposed use conforms with the development plan for the property in question, the sub-area, the area, and the CZD as a whole.

c. Effects on Environs - whether the proposed use negatively or positively effects the surrounding uses by enhancing or decreasing the attractiveness of the proximate property which conforms to the uses by right.

d. Neighborhood Position - assesses the sentiment of the surrounding property owners and residents regarding the intended Conditional Use.

e. Legal Considerations - assesses if there would be conflicts arising out of the proposed use due to incompatibility with the CZD Ordinance or other laws and regulations.

f. Traffic and Street Right of Way - whether the use would create changes in the established traffic patterns and demand which might be negative or positive.

g. Relatedness Criteria - a design review with respect to the ten physical characteristics of a project as referred to in Appendix "H".

h. Nature of Intended Use - effects on - the relationship of the intended use to adjacent or associated uses, including those uses sharing a common structure; and the expanded load on isolated services, utilities, parking, etc. The contribution of the intended use to a composite, multi use project.

5.1-04 Capitol Zoning District Commission Hearing

The Commissioners shall consider the application and base their decision upon the report of the CZD staff and the evidence presented by the applicant and other interested parties.

5.1-05 Appeals

An aggrieved party may appeal the decision of the Capitol Zoning District Commission by following the procedures contained in the appeals section of this document. Article IX.

ARTICLE VI

VARIANCES

Section 6.1 Variances

Variances are modifications of the requirements imposed by the CZDC Ordinance, These requirements are exemplified by the following list: (Note the list is an example, it is not all inclusive.) height, setbacks, FAR, signs, parking, circulation, landscaping, and relatedness criteria, new buildings, and external alterations or additions to existing structures.

6.1-01 Application Procedure

a. The applicant (owner or authorized agent) shall pick up a copy of the Variance application at the CZD Office, Room 410, Continental Building, Markham & Main Streets, and complete the application form.

b. The applicant shall submit as part of the application, four (4) copies of a recent survey, certified by a registered land surveyor, showing all existing and proposed improvements with .all dimensions. (The proposed improvements may be illustrated on a separate drawing.) If external modification of the building is a portion or constitutes the variance being sought a dimensional drawing showing the existing and proposed elevations shall be required. (Note: minor exterior modifications may require only a dimensional drawing of the elevations and may not require the certified land survey.)

c. The CZD Administrator shall set a hearing on the proposed Variance for the next regular CZDC meeting before which time the requirements of notice contained in "d" and "e" can be met.

(Note: If the variance involves only minor exterior modification the CZD Administrator determines relatedness without a hearing.)

d. After properly filing the application, the applicant shall give notice as noted below. The costs of these notices shall be borne by the applicant.

The Capitol Zoning District Commission shall not consider a request for a conditional use of any property before the applicant shall have given not less than ten (10) calendar days written notice of the time, place and the date of the public hearing on the requested Variance to all owners of record of property situated within 200 feet of the property for which the Variance Permit is requested. The list of owners must be certified by a licensed abstractor. 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.

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 CZD Administrator no later than six (6) calendar days prior to the hearing date.

e. 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 CIO) calendar days before the hearing, If for any reason the sign should be destroyed or torn down, a replacement may be attained from this office.

f. The applicant is required to be present at the hearing in order to anwer any questions of the Commission or interested parties may have.

g. Non-compliance with the process described in subsection "a" through 1st may cause an application to be withheld and not considered at the appointed hearing and may require the refiling of the application and the renotification of property owners.

6.1-02 Staff Report

In preparation for the hearing, a report by the CZD staff shall be prepared and submitted to the Commission recommending or not recommending that the proposed Variance be approved. The Commission shall consider the staff report along with the other evidence presented at the hearing; however the Commission shall not be bound by the recommendations of the report.

6.1-03 Criteria

The following subsections contain the criteria by which the decision to grant a Variance is made or denied.

a. Need / Demand - considers whether the variance is necessary or beneficial in creating change which fulfills a need or demand present within the GZD.

b. Compatibility with the Master Plan - assesses to what extent the development plan for the property in question, the sub-area, the area and the CZD as a whole.

c. Effects on Environs - whether the proposed variance adversely or positively effects the surrounding property by enhancing or decreasing the attractiveness of the proximate property which are In conformance to the standards contained in the Capitol Zoning District Commission Ordinance.

d. Neighborhood Position - assesses the sentiment of the surrounding property owners and residents regarding the intended variance.

e. Nature of Intended Use - effects on - the relationship of the intended use to adjacent or associated uses, including those uses sharing a common structure; and the expanded load on isolated services, utilities, parking, etc. The contribution of the intended use to a composite, multi use project.

f. Legal Considerations - assesses if there would be conflicts arising out of the proposed variance due to incompatibility with the CZDC Ordinance or other laws and regulations.

g. Relatedness Criteria - assesses whether a variance would improve or degrade the sense of continuity present within an area. The criteria are rhythm of spaces between buildings, character of spaces surrounding buildings, streetscape, height width ratio, building shape, color, materials, openings, facade accentuation, and architectural detail, (Refer to CZDC Master Plan appendix D)

h. Traffic and Street Right of Way whether the variance would create changes in the established traffic patterns and demand which might be negative or positive.

6.1-04 Capitol Zoning District Commission Hearing The Commissioners shall consider the application and base their decision upon the report of the CZD staff and the evidence presented by the applicants and other interested parties.

6.1-05 Appeals

An aggrieved party may appeal the decision of the commission by following the procedures contained in the appeals section of this document, Article IX

NOTE: A copy of the variance application is contained in the appendix along with a copy of the required affidavit.

ARTICLE VII PLANNED UNIT DEVELOPMENT

Section 7.1 Planned Unit Development

A Planned Unit Development (PUD) is a large tract of land controlled by a single landowner planned for development as a single entity, which usually has special requirements regarding land use, lot area, lot width, placement or improvements.

7.1-01 General Information

A project may be designated as an Urban PUD by the Capital Zoning District Commission following a public hearing and approval by the Commission at a regularly scheduled meeting.

Qualifications and procedures for designation as an Urban PUD will follow the established regulations of the City of Little Rock Zoning Ordinance, Article 7, Section 43 -48.1 0 through 48,98, with the Capitol Zoning District Commission as the agency of authority.

7.1-02 Application Procedure

The applicant (owner or authorized agent) shall pick up a copy of the application along with a copy of the required submissions at the CZD Office, Room 410, Continential Building, Markham & Main Streets.

The application procedure shall consist of three phases: a pre-application conference with the CZD staff; a preliminary development plan reviewed by the CZDC; final development plan approved as a whole or in phases by the CZDC following its review for compatibility with the preliminary development plan. The final development plan shall be approved prior to issuance of any building permits within any portion of the PUD.

7.1-03 Pre-Application Conference

Before submitting an application for any PUD, the landowner or his authorized agent shall confer with the staff of the CZDC in order to become familiar with the PUD review process. The staff will inform the applicant of any perceived potential problems that might arise. A further purpose of the pre-application conference is to make sure that the applicant has, or will be able to, submit the necessary information for filing the application. The intent of this conference is to provide guidance to the applicant prior to incurring substantial expense in the preparation of plans, surveys, and other data required in a preliminary development plan. After the pre-application conference the proposed development may be heard before the CZDC as an information item.

7.1-04 PUD Approval Details

A detailed list of the required submissions and a copy of the PUD approval process as detailed in the city of Little Rock PUD - CZDC Ordinance will be given the applicant at the conclusion of the preapplication conference.

ARTICLE VIII

HISTORIC / SIGNIFICANT STRUCTURE REVIEW

Section 8.1 Historic / Significant Structure Review

A survey of the Mansion Area of the CZD has been completed resulting in the Historic and Significant Structures Map and Index which indicate the structures designated as significant, Priority "1" or Priority "2", A similar survey will be conducted for the Capitol Area and will result in a map and index. Upon approval and adoption of the CZD Significant Structures Maps and Indexes by the CZDC these documents shall be the basis of determining the need for review of intended modifications and demolitions of the indexed and mapped structures.

8.1-01 Review Process

An application for a Variance, Certificate of Compliance, and Demolition Permit shall be checked against the Significant Structures Maps and Index to find out if the structure is classified as significant. A Priority "1" structure is a structure determined to be of such significance that an applicant for permission to modify or demolish the structure must show at a Commission hearing that the request is extremely more beneficial to the process of implementation of the CZD Master Plan goals and concepts then preserving or restoring the Priority "1" structure. Priority "2" structures are those structures determined to be significant. The Priority "2" structure may be modified or demolished only after a CZD Commission hearing which states in the decission that the modification or the demolition of the CZD Master Plan goals and concepts, than preserving or restoring the structure. If the structure is designated as a Significant Structure, the CZD Administrator schedules a hearing and recommends whether a Variance, Certificate of Compliance, and/or Demolition Permit should he allowed and reports his findings to the Capitol Zoning District Commission. The CZD Administrator will have the aid of staff of the Historic Preservation Program of the Department . of Natural and Cultural Heritage and the Little Rock Historic District Commission in reaching his determination.

The Commission will then evaluate the application, hear comments from all interested parties, and make a determination on the; proposed project. Notice of the decision and any adjustments recommended will be forwarded to the applicant by the CZD staff. NOTE: Refer to Article III Section 3.5 - 02 Demolition Permit Procedures for standards considered by the Commission in reaching their hearing decission.

8.1-02 Modifications or Additions to Significant Structures The CZD Administrator shall review the proposed changes to the Significant Structure using the Relatedness Criteria (refer to Aritcle 6 6. 1-04-1 and appendix H) by the use of existing and proposed elevation drawings along with a recently certified land survey showing existing and proposed structures. The administrator shall make a recommendation to the Commission concerning the proposed modification or addition, including whethe'r a hearing is necessary, (Note: minor exterior modifications may require only submission of dimensional drawings of the elevations and may not require the certified land survey.)

ARTICLE IX

APPEALS

Section 9.1 Appeals

Any person or party aggrieved by actions occuring as a result of the Capitol Zoning District Master Plan or by actions of the CZD staff in the administration of this Ordinance, may appeal within 30 calendar days such action to the Capitol Zoning District Commission for reconsideration. Such an appeal shall be made by filing with the CZD staff a notice of appeal specifying the grounds. All the papers constituting the record upon which the action appealed from is taken shall be provided the Commission.

9.1-01 Effect of Appeal on the CZD Commission An appeal stays all proceedings in the particular case in the furtherance of the action appealed from, unless the Commission determines that on the basis of available facts, a stay would cause peril to life or property.

9.1-02 Hearing Scheduling and Legal Notice

The CZD Commission shall within a 40 calendar days schedule a hearing and give ten (10) calendar days notice to all interested parties by a legal notice published in a local daily newspaper and by certified mail.

9.1-03 Appeals from the CZD Commission

Appeal of any decision of the Commission after such reconsideration is made by the Commission shall be made to the Circuit Court of Pulaski County, The filing of such an appeal shall in no respect suspend the operation of such a rule, regulation, decision or order; nor shall the Circuit Court order any suspension without a full hearing, (Refer to Act 267 of 1975 Section 7)

ARTICLE X

CZD AREA ADVISORY COMMITTEES

Section 10.1 CZD Area Advisory Committees

The CZDC shall establish two standing committee, the Capitol Area Advisory Committee and the Mansion Area Advisory Committee.

10.1-01 Membership, Terms and Officers

a. The Advisory Committees shall consist of at least nine (9) members, The CZD Commission shall receive nominations from individuals, groups and organizations and shall appoint member with the concurrence of the majority. The Commissioners shall be ex-officio members of the Advisory Committees.

b. The committees members' terms of office shall be determined, by the committees* By-Laws; however, the Advisory Committees in prescribing the terms of office shall endeavor to provide continuity by having the terms staggered. Members of the committees representing governments or organizations shall have terms coterminus with their terms of office within the governments or organizations they represent.

c. Each Advisory Committee shall elect a Chairperson and a Secretary, whose terms of office shall be at least one year, The duties of the Chairperson shall be to call meetings and to conduct the meetings. The Secretary shall furnish the CZD Commission with the records of meetings, Additional duties may be assigned to these offices and other offices created by the means of the Advisory Committees' By-Laws.

10.1-02 Meetings and Reports

The Advisory Committees shall meet at least once a year and shall report their findings to the CZDC at least once a year. Additional meetings will be held as often as necessary to monitor the impact of the CZD Ordinance on the development within the CZD. The Advisory Committees' meetings shall be open to the public and shall be held within their particular areas, affording the maximum opportunities for community participation.

Conservation / Preservation

PURPOSE:

The preservation and protection of buildings, sites, places and districts of historic interest are in the public interest to the' extent that they promote the educational, cultural and economic and general welfare of the public.

The use and significance of the Governor's Mansion is dependent on maintaining the viability of its residential surroundings.

The residential character of the Mansion Area is dependent on maintaining the special amenities of the area resulting from its numerous historical, architectural and otherwise significant structures and the setting of these structures.

These provisions are provided to enhance the special environmental amenities of the CZD and to promote the preservation of historical, architectural or otherwise significant structures within the CZD.

DESIGNATION OF SIGNIFICANT STRUCTURES

A survey of all structures in the Mansion Area of the CZD has been completed by a qualified consultant under contract to a local neighborhood organization. All significant structures have been identified by name and/or street address, and have been recorded on a CZD Significant Structures Map and Index. A similar survey will be completed for the Capitol Area at which time a concomitant Map and Index will be filed. These documents will be used in determining the applicability of these provisions.

CZD Significant Structures Maps and Indexes

Upon approval and adoption of the CZD Significant Structures Maps and Indexes by the CZDC, a notice shall be sent to all owners of designated properties, to the Pulaski County Tax Assessor, and to the City of Little Rock, There shall be no implementation of provisions relating to significant structures until approval and adoption of said Maps and Indexes by the CZDC is made.

Coordination with the Little Rock Historic District Commission and the Historic Preservation Program of the Department of Arkansas Natural and Cultural Heritage

It is the intent of the CZDC to promote the maximum coordination between its provisions relating to significant structures and those being developed by the Little Rock Historic District Commission and the Historic Preservation Program of the state. The CZDC will endeavor to modify or amend these provisions to the extent that such action will promote the consistent, equitable treatment of significant structures both within the CZD and the Little Rock Historic District. Determinations of applicability relating to the preservation or restoration of historic structures will be coordinated with the Historic Preservation Program using comments and technical assistance from their staff.

SIGNIFICANT STRUCTURES STAY OF DEMOLITION

If an application is received for demolition or removal of any designated significant structure, the CZDC shall hold a hearing within thirty (30) days after the application is initially filed with the CZDC. The CZDC shall hear all interested parties. The Commission shall consider the state of repair of the building, the reasonableness of the cost of restoration or repair, taking into account the purpose of preserving the designated significant structure, the character of the neighborhood, and all other factors which it finds appropriate. The Commission may disapprove the application by determining that in the interest of preserving its special values, the structure should not be demolished, and in that event, the application shall be suspended for a period not exceeding ninety (90) days from the date of application. Within the suspension period, the Commission may, after notice to applicant and public hearing, determine that there is reasonable ground for preservation and may extend the suspension period for an additional period not exceeding 60 days, to a total of not more than 180 days from the date of application for demolition. During the period of suspension of the application, no permit shall be issued for such demolition or removal nor shall any person demolish or remove the building or structure. If no action is taken by the CZDC within 180 days from the date of application, the demolition permit shall be issued.

APPLICATION OF RELATEDNESS CRITERIA IN THE MANSION AREA

In order to promote development which enhances the special amenities of the Mansion Area provided by its significant structures and their settings, these provisions shall provide that new development, renovation or rehabilitation of structures within the Mansion Area shall be appropriately related to its surroundings.

Relatedness shall be determined by the application of the following Relatedness Criteria by a qualified person or group to be designated by the CZDC. No building permit or other construction permit shall be issued to any applicant until it has been determined that the application is in conformance with the Relatedness Criteria to be based on significant structures located on the same block as the property in question or significant structures located on the same side of the street on adjacent blocks.

New Construction and Major Modifications to Existing Structures

Any new construction or major modification to an existing structure will be evaluated in relation to the Relatedness Criteria guidelines illustrated in the following section.

Renovations and Minor

Modifications to Existing Structures

Renovations which do not alter the exterior appearance of a structure are exempt from these provisions. Minor modifications to existing structures which do not reduce the structure's relatedness are exempt from these provisions. All other modifications shall be treated in the same manner as new construction.

Modifications to Designated

Significant Structures

Any modification to a designated significant structure which alters its external appearance shall comply with the Relatedness Criteria guidelines, with the CZDC's approval being required in writing of any specific criteria which may not be satisfied. The criteria will be judged against the original design of the significant structure in question, as it can best be determined.

RELATEDNESS CRITERIA

Criteria Group I - Qualities of the Block

1. Rhythm of Spaces between Buildings: the rhythm established by a recurrance of the ratio between building widths and the spaces between them.

2. Character of Spaces Surrounding Buildings: the size and treatment of front lawns, side yards and landscaping.

3. Streetscape: qualities of sidewalks, property boundaries, lighting, steps, walls, etc.

Criteria Group II - Qualities of the Building Form

4. Height/Width Ratio: the relationship between the height and width of the front facade, including wings, porches and colonades.

5. Building Shape: the building silhouette which results from the structure's structural and geometric configuration such as roof forms, porches, overhangs, etc.

6. Color: the color of a natural material or an applied color, such as stain or paint.

7. Materials: the exterior finish of the building such as wood siding, stone, brick, stucco, etc.

8. Openings: distribution and proportion of facade openings, size and position of windows, doors, archways, etc. and relation to solid portions of facade.

9. Facade Accentuation: size, shape and prominence of the building entrance, bay windows, porches and projections.

10. Architectural Detail: the manner in which materials are used, embellishment is applied, and elements combined to create a particular architectural style or appearance.

(10/4/1977)

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