RULE 034.00.79-001 - Zoning Ordinance

RULE 034.00.79-001. Zoning Ordinance

ARTICLE ONE TITLE, PURPOSE, AUTHORITY

SECTION 1-101 TITLE

The CZD Master Plan represents the legislation, intentions, design principles, and regulations of Act 267. However, the regulations are the legally accountable component by which the regulatory aspects of the Master Plan are implemented. These regulations shall be known and may be cited as the Capitol Zoning District Ordinance.

In addition, a separate document "Administrative Rules and Procedures for the Capitol Zoning District", will function as an operational manual for the implementation of the Master Plan regulations and in itself will be recognized as a legal component of the Ordinance.

SECTION 1-102 AUTHORITY

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. Act 239 of 1979 expanded the CZDC's jurisdiction in the Mansion area. Exempted from the above stated authority of the CZDC are properties owned by the State, and existing streets, alleys or utilities.

SECTION 1-103 PURPOSE

The Capitol Zoning District Ordinance, is an Ordinance to establish special zoning regulations and design guidelines governing the development and use of land and improvements within the Capitol Zoning District, Pulaski County, City of Little Rock, State of Arkansas in accordance with the provisions of Act 267 of 1975, as amended and Act 9l7 of 1979; to provide for regulations for non-conforming uses and structures; to provide for appeals; to provide for permits; to provide for the collection of fees; to provide for the administration and enforcement of the provisions of this Ordinance; to provide penalties for the violation of this Ordinance; and to provide for conflicts and omissions with other ordinances and regulations.

SECTION 1-104 SEVERABILITY

If, for any reason, any one or more portions of this Ordinance is held invalid, such judgement shall not affect or invalidate the remaining provisions of this Ordinance, but shall be confined to that specific statement and in no instance shall affect or prejudice the validity of the remaining portions of this Ordinance.

ARTICLE TWO ADMINISTRATION

SECTION 2-101 ORGANIZATION

The Capitol Zoning District shall be regulated by a Capitol Zoning District Commission as set forth in Act 267 of 1975.

The CZDC shall employ an administrator to:

(1) establish procedures for coordinating with the City of Little Rock to administer this Ordinance;

(2) establish review procedures with the various Commissions and departments of the State to promote coordination of state construction projects with the provisions of this Ordinance;

(3) establish priorities and methods for continuing the CZD Master Planning process;

(4) explore new programs, approaches and funding sources for promoting development in the CZD;

(5) prepare materials for consideration by the CZDC at its meetings; and

(6) generally direct the day to day administration of the CZDC.

The CZDC shall establish two standing committees, the Capitol Area Advisory Committee and the Mansion Area Advisory Committee, the membership of which shall include both members of the Commission and interested persons who are actively involved in the development of the CZD and its downtown context, The Advisory Committees shall review the progress being made toward achieving the objectives stated for the CZD, shall report such to the CZDC along with specific observations regarding the provisions of the Ordinance, their effectiveness and possible modifications. The Advisory Committees shall meet and report to the CZDC as often as is necessary to monitor the impact of this Ordinance on development within the CZD.

SECTION 2-102 PROCEDURES

The administration and enforcement of the provisions of this Ordinance are the ultimate responsibility of the CZD, The CZDC will enter into agreements with departments of the City of Little Rock to perform specific administrative procedures relevant to the execution of this plan. However, nothing in this Ordinance should be construed as divesting the CZDC of any right to regulate development within the Capitol Zoning District in the manner described herein.

The CZDC shall consider the recommendations of all departments, boards and committees of the City of Little Rock related to the normal review and permit procedures of the City, in arriving at its decisions on development policy, procedures and daily administration. The CZDC shall also coordinate its agenda and business meetings with those of the City of Little Rock and its departments to facilitate prompt action on all applications where joint review by the City and the CZDC are required.

SECTION 2-103 APPLICATIONS - FEES

All applications for rezoning, building permits, sign permits, etc., shall be applied for through the procedures established by the CZDC, If the application requires special consideration by or presentation to the CZDC, the applicant will be so notified and instructed as to the date at which his application is to be considered by the CZDC.

All fees normally collected by the City 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 rezoning requests. Conditional Use Permits, Variances, Ground Permits, Certificates of Appropriateness, and Demolition requests within the CZD are not required at this time.

SECTION 2-104 CERTIFICATE OF OCCUPANCY

No land shall hereafter be used and no building hereafter erected or structurally altered shall be occupied until a Certificate of Occupancy shall have been issued.

Certificate of Occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit and said certificate shall be issued within three (3) days after the request for same shall have been made in writing to the City and approved by the CZDC, after the completion of construction. A temporary Certificate of Occupancy may be issued, not to exceed six (6) months, during the completion of alterations or partial occupancy of a building pending completion.

Certificate of Occupancy for the use of vacant land or change in character of the use of land shall be applied for before any such land shall be used, A Certificate of Occupancy shall be issued within three (3) days after the application has been made, provided such use is in conformity with the provisions of this Ordinance.

SECTION 2-105 PLANNED UNIT DEVELOPMENT (PUD)

A project may be designated as an Urban PUD by the CZDC following a special public hearing and approval by the CZDC.

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 through 48.98, with the CZDC as the agency of authority.

SECTION 2-106 NONCONFORMING USES AND STRUCTURES

(1) USES

Existing lawful use of land which does not conform to the provisions of this article may be continued, but if such nonconforming use is discontinued for a period of twelve (12) consecutive months, any future use of said land shall be in conformity with the provisions of this Ordinance. Any expanded use of land which does not conform, must be approved by the CZDC.

(1) USES (cont)

Existing lawful use of a nonconforming building or structure may be continued although such building does not conform with the provisions hereof, and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, the use in a nonconforming building may be changed to another nonconforming use of the same or more restricted classification. If such nonconforming building is removed, every future use of such land shall be in conformity with this article.

Nothing in this section shall be deemed to prevent the restoration of a building destroyed to the extent of not more than seventy-five (7 5) per cent of the physical structure, exclusive of foundations, (before such damage is repaired) as determined by the building official of the City of Little Rock, by fire, explosion, or other casualty, or the public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.

(2) STRUCTURES

A nonconforming building shall be structurally added to or extended only under the following conditions, or with approval of the CZDC:

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

(b) Any accessory building located on the lot conforms to all -requirements of this article and the 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 nonconforming building shall encroach, extend or project into more than forty per cent (40%) of any one side yard distance required by this article.

(e) No part of the existing nonconforming building shall encroach, extend or project more than thirty per cent (30%) of either the front or rear yard distance required by this article.

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

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

SECTION 2-107 APPEALS

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

An appeal stays all proceedings in furtherance of the action appealed from, unless the CZDC determines that, on the basis of available facts, a stay would cause peril to life or property.

The CZDC shall fix a reasonable time for the hearing of the appeal, give due notice to the interested parties, and decide the same within a reasonable time.

Appeal of any decision of the CZDC after such consideration made by the CZDC as stated above, shall be made to the Circuit Court of Pulaski County as set forth in Arkansas Act 267 of 1975, Section 7.

SECTION 2-108 AMENDMENTS TO THE CAPITOL ZONING DTSTRICT MASTER PLAN AND 0RDINANCE

Amendments to the CZD Master Plan and the CZD Ordinance shall require:

(1) public notice of the consideration of the amendment and the amendment shall be read thirty (30) days prior to said meeting of the CZDC.

(2) within thirty (30) days following the presentation of the amendment(s) a public hearing shall be held by the CZDC for the sole purpose of considering the proposed amendment(s).

(3) at the next regular scheduled meeting of the CZDC following the public hearing to consider the proposed amendment(s), the CZDC shall act on the proposed amendment (s).

(4) compliance with the Arkansas Administrative Procedures Act (Act 434 of 1967, as amended).

The following actions in addition to others shall be construed as amendments to the CZD Master Plan and CZD Ordinance:

(1) permitting a use within a sub-area of the CZD which has not been identified as a permitted or conditional use within said sub-area.

(2) permitting a height variance within the Capitol area.

(3) permitting a variance of the 25 foot setback requirement on Capitol Avenue.

(4) changing a use from one Use Group to another.

SECTION 2-109 VARIANCE

Relief from the literal provisions of bulk area, parking and loading, landscape, and mandatory use requirements of this Ordinance may be granted by the CZDC when it is demonstrated to the Commission's satisfaction that an extreme hardship had been imposed on the development of the land and that the variance is in keeping with the objectives of the CZD Master Plan and this Ordinance.

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

The provisions of this Ordinance supercede all provisions of the City of Little Rock Code of Ordinances. However, unless specifically dealt with as provisions of this Ordinance, all other regulations, requirements and codes of the City of Little Rock shall continue to be in force in the CZD and are adopted by reference as part of this Ordinance.

SECTION 2-111 ENFORCEMENT

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

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 said Circuit Court order any such suspension without a full hearing.

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

(1) Floor Area Ratio (FAR)

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

(2) F.A.R. Bonus

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

SECTlON 2-113 SPECIAL OR TEMPORARY USE PERMIT

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

(1) GENERAL

A special or Temporary Use Permit may be issued to permit an applicant to undertake an activity within the Capitol Zoning District that otherwise is prohibited by the provisions of this Ordinance. The Capitol Zoning District Commission may act on a request for issuance of Special or Temporary Use Permits at a regular monthly meeting.

(2) APPLICATION

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

(3) STANDARDS

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

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

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

(4) PERMIT

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

ARTICLE THREE ZONING DISTRICT MAPS

SECTION 3-101 ZONING MAP - CAPITOL AREA

Appearing at the end of this article is the official zoning district map for the Capitol area. It is titled "Capitol Area Zoning Map" and is dated August 1, 1979.

SECTION 3-102 ZONING MAP - MANSION AREA

Appearing at the end of this article is the official zoning district map for the Mansion area. It is titled "Mansion Area Zoning Map" and is dated August 1, 1979.

SECTION 3-103 INTERPRETATION OF THE ZONING MAPS

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

(1) 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-ways, unless such boundary lines are fixed by Act 267 of 1975.

(2) 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.

(3) 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.

(4) If, after the application of the foregoing rules, uncertainty 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.

SECTION 3-104 ALLOWABLE USES

Included herein is a chart titled "Allowable Uses". This is intended to provide quick reference to allowable uses in each zoning district. It is derived from the text of Article Five. If there are any conflicts between Section 3 - 104 and Article Five, the language of Article Five shall prevail.

SECTION 3-104 ALLOWABLE USES

Capitol Zoning District

0 = Allowed by Right of Ordinance

P = Allowed with Conditional Use Permit

USE

CAPITOL AREA

MANSION AREA

ZONING DISTRICTS

A

B

C

D

M

N

0

p

Community Facilities - Category I

     

p

              

Community Facilities - Category II

  

P

p

  

P

P

0

0

Community Facilities - Category III

  

P

     

P

  

p

p

Residential Single-Family

P

P

p

0

0

0

p

0

Residential Two-Family

P

P

p

0

0

0

p

0

Residential Multi-Family

0

0

0

p

P

0 .

0

0

Hotel, Motel and Amusement

P

P

0

        

p

  

Professional Offices

0

0

0

  

P

0

0

0

General Offices

0

0

0

     

p

p

p

Convenience Goods and Services

p

p

p

     

p

p

p

Shopping-Type Consumer Gds & Svcs.

p

p

0

p

     

p

p

Commercial Parking

p

p

p

p

           

Gasoline Service Station and Drive-in Restaurant

                 

p

  

Industrial Uses

     

p

0

           

General Consumer Goods and Services

  

p

p

        

p

p

ARTICLE FOUR USE GROUPS

The permitted -uses of land within the CZD are listed herein by Use Groups, and these Use Groups are permitted only with* in the specific zoning districts as indicated in Article Five and within the limits of the zoning districts as shown on the maps included in Article Three. Specific uses and the use groups under which they are listed are identified below and are referenced throughout this Ordinance.

SECTION 4-101 COMMUNITY FACILITIES

CATEGORY 1 - UTILITY AND TRANSPORTATION

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 Post office

Railroad passenger terminal

Railroad right of way (excluding switching and marshalling yards)

Rapid rail transit or street railway right of way Rapid rail transit or street railway terminal (not in public street right of way)

Sewage pressure control station

Taxicab stand or dispatching station

Telephone exchange station, relay tower or right of way

Telegraph transmitting or receiving station or right of way Television transmitting station or relay tower Water pipeline right of way, treatment plant.

storage facility or pressure control station

CATEGORY II - RECREATIONAL

Archery range - public Kindergarten

Nursery school, day nursery

Offices: public utilities

Park, playground, or tot lot: public

Playfield: public

School, elementary: public or equivalent private

School, secondary: public or equivalent private

Skating rink: public

Swimming pool: public

Tennis courts: public

.Zoological gardens: public

CATEGORY III - INSTITUTIONAL

Child care institution: other than day nursery

Church, synagogue, or temple, including Sunday

School facilities

Club or lodge: private (nonprofit)

College, junior college, professional school, or

university: public or equivalent private;

stadium or field house

Community center; public

Convalescent, maternity or nursing home

Eleemosynary institution, philanthropic institution,

rehabilitation institution and theatrical group

Foster family care, institution or agencies

Home for the aged

Hospital: general

Hospital: restricted to mental, narcotics, or

alcoholic patients; sanitorium

Library: private, nonprofit and public

Mental institution

Monastery, convent or novititate

Museum or art gallery: public

Orphanage

Parish house, parsonage, rectory, or manse

Religious retreat facility

Salvation Army residential facility

SECTION 4-102 RESIDENTIAL

(1) SINGLE FAMILY DWELLING

Single family detached dwelling

(2) TWO FAMILY DWELLING

Two family dwelling Detached duplex

(3) MULTI-FAMILY DWELLING

Apartment house

Fraternity or sorority house

Boarding or rooming house

Townhouse

Apartment hotel

SECTION 4-103 PROFESSIONAL OFFICES

Advertising agency

Artistes or photographer's studio (not including film processing for others) Bailbond broker Broker (no warehousing) Broker; stocks, bonds, or real estate Collection agency Credit association Drafting service Insurance agency or office Loan officer (no repossessed articles) Medical or dental clinic Modeling school

Office of nonprofit membership club, association Office of such professional person as:

Accountant

Architect

Attorney

Business consultant

Chiropractor

Court reporter

Dentist or dental surgeon

Detective service

Engineer

Geologist

Graphic artist

Interior decorator (office only)

Landscape architect

Lighting consultant

Optician

Optometrist

Osteopathic physician

Planning consultant

Protection services

Phychologist, psychiatrist

Physician or surgeon

Regi stered nurse

Studio: Ballet, dance, drama, fine arts music, language

Travel agency

Union office

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

SECTION 4-104 GENERAL OFFICES

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

Blueprinting, photocopying and similar reproduction services

Broadcasting or recording studio

Computing, data processing, or similar service

Employment service

Engraving (except when in connection with printing)

Financial institution, other than pawn shop

Funeral establishment, ambulance and embalming service

Office, not elsewhere classified

Optical laboratory or supplies

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

School, private, barber, beauty, business, commercial art, correspondence, stenographic, trade or vocational (excluding manual training, shopwork or repair or maintenance of machinery or mechanical equipment) store selling architects*, artists', engineers', or scientific supplies and equipment or dental, medical or office supplies or equipment

Transportation ticket service

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

SECTION 4-105 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 theater

Skating rink: commercial

Swimming pool: commercial (exempted from enclosure)

Tavern, night club, or semi-private club

Tennis court: commercial (exempted from enclosure

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

SECTION 4-106 CONVENIENCE GOODS AND SERVICES

Convenience goods stores, including.

Antique shop (not junk or secondhand merchandise)

Apparel and accessories store (new merchandise)

Barber shop

Beauty shop

Bookstore

Cigar store

Delicatessen, sandwich or coffee shop

Drug store or proprietary store

Florist

Grocery store, including bakery (retail only)

Gift, novelty, or souvenir shop (new merchandise)

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

Hardware store

Health clubs, massage parlor and sauna

Hobby shop

Ice vending establishment (sacked ice)

Ice cream and candy store

Jewelry store

Knit shop

Limited price variety store Liquor store

Meat or poultry shop (no live poultry)

Music shop

Newsstand

Notions store

Paint, glass or wall paper store

Convenience goods stores, including.

Personal service establishments, including:

Custom dressmaker, milliner, or tailor

Dry cleaning pickup or self-service

Dry cleaning plant

Fix-it shop

Hat cleaning or repair shop

Laundry pickup or self-service

Pressing, alteration, or garment repair

Shoe shine or repair shop

Telegraph company office

Prescription pharmacy Restaurant (other than drive-in or take out)

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

SECTION 4-107 SHOPPING-TYPE CONSUMER GOODS AND SERVICES

The following retail, shopping-type consumer goods stores: Automatic merchandising establishment (excluding amusements, games or music)

Bicycle store

Bookstore, newsstand

Camera and photographic supply store

Coupon redemption store

Department store

Dry goods store

Furniture, home furnishing and equipment store (new merchandise only)

Garden supply store

General store, general merchandise store

Household appliance store

Interior decorator store Leather goods or luggage store

Mail order houses, catalog office or retail store Optical goods store Orthopedic appliance store Pet shop Plant store

Pottery and ceramics (sales only) Radio, television, phonograph, or other household electronics equipment store Religious goods store

Sewing machine store, embroidery and hem stitching Sporting goods store Stationery store Tailor shop Toy store

The following service establishments:

Animal hospitals (enclosed, no kennel)

Archery range

Household appliance repair shop

Novelties shop

Picture framing

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

SECTION 4-108 GENERAL CONSUMER GOODS AND SERVICES

The following retail sales, service, rental, or repair of the following goods or articles:

Accessories for vehicles or equipment whose sale is permitted, but not including the rebuilding or recapping of tires.

Air condition units (portable)

Amusement machines

Automobile (sales exempted from enclosure)

Awning shop and sales

Boat and accessory store

Building materials

Building contractors: display rooms, offices and storage

Burglar alarm systems

Clothing; second hand

Electrical supplies

Exhibition house

Furniture, home furnishings, equipment, and

appliances; second hand

Garden equipment and furniture

Glass or mirror

Greenhouse and botanical nursery

Heating equipment (sales, rental and repair)

Lawnmower and small motor

Lumber (retail sales)

Mail order house (no stock)

Mobile homes or travel trailers, (sales exempted from enclosure)

Motorcycles, motor scooters (sales, rental and repair)

Monuments, including incidental processing to order.

but not shaping

Plumbing equipment (sales, rental and repair)

Pest or insect control

Rubber or metal stamp

Trading stamp redemption center

Trucks

SECTION 4-108 GENERAL CONSUMER GOODS AND SERVICES (cont)

The following service establishments:

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

Auction house or store

Automobile battery shop and service

Automobile body repair

Automobile rental service

Automobile repair, repairs and test station

Automobile storage garage

Automobile upholstery repair

Automobile wash service, including self-service

Cabinet maker

Caterer

Delivery and express service

Driving school: private

Fur repair and storage

Gunsmith shop

Pawn shop

Safe and vault repair

Scientific instrument repairs

Sign painting

Taxidermist

Tool sharpening

Upholsterer: furniture

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

SECTION 4-109 COMMERCIAL PARKING

Automobile parking as a principal use (exempted from enclosure) Commercial parking lot (exempted from enclosure)

Parking deck

SECTION 4-110 GASOLINE' SERVICE STATION AND DRIVE-IN RESTAURANT

Gasoline service station (fuel pumps exempted from enclosure) Drive-in restaurant (drive-in facilities exempted from enclosure)

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

SECTION 4-111 INDUSTRIAL USES

The following non-manufacturing uses:

Direct selling organization: retail

Laboratory: research, development or testing

Motion picture distribution and services

News syndicate service

Photofinishing service

Printing, lithography, stamp mfg. and book binding

Warehousing (not elsewhere classified) other than warehousing accessory to another permitted use Wholesaleing (not elsewhere classified) with stocks limited to floor samples

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

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 CZDC following due consideration. Such additions shall not be considered to be an amendment to the CZD Master Plan.

ARTICLE FIVE DISTRICT REGULATIONS

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

SECTION 5-101 DISTRICT "A" AUXILIARY COMMERCIAL (CAPITOL)

(1) Permitted Uses

(a) The following use groups are allowed:

Professional offices

General offices

Multi-family dwelling

(b) The following use groups may be allowed subject to a Conditional Use Permit:

Single family dwelling

Two family dwelling

Hotel, motel amusement

Convenience goods and service

Shopping type consumer goods and services

Commercial parking

(c) Mandatory uses for new development of Capitol Avenue

In order to promote pedestrian oriented mixed-uses in new development on Capitol Avenue, a minimum of sixty per cent (60%) of the Capitol Avenue frontage shall be limited to retail uses from the following list:

Antique stores

Art galleries

Artist supply stores

Book or card stores

Beauty parlors

Barber shops

Candy stores

Cheese shops

Cigar or tobacco shops

Clothing or accessory stores

Eating and drinking places (including delicatessens and outdoor service)

(c) Mandatory uses for new development of Capitol Avenue (cont)

Florist shops

Gift shops

Hobby shops

Jewelry stores

Leather goods or luggage stores

Music or record shops

Newsstands

Optician or similar establishments

Photographic equipment stores

Shoe stores

Stationery shops

Toy stores

Travel bureaus

Variety or novelty shops

Watch or clock stores

(2) Height

No building hereafter erected or structurally altered shall exceed three (3) stories or forty-five (M-5) feet, whichever is less, except as noted below:

(a) Developments providing corner plazas, as illustrated under the LANDSCAPE section of this Ordinance, at the locations listed below will be permitted to exceed the height limitations under the following conditions:

(i) a corner plaza with minimum dimensions of 75 feet x 75 feet entitles the development to one additional story or 15 feet, whichever is less, on the half block abutting Victory Street; or

(ii) a corner plaza with minimum dimensions of 100 feet X 100 feet entitles the development to two additional stories or 30 feet, whichever is less, on the half block abutting Victory Street.

Locations available for corner plaza height bonus:

(i) southeast corner of the intersection of Woodlane Street, extended north, and Third Street.

(ii) northeast and southeast corners of the intersection of Woodlane Street and Capitol Avenue

(iii) northeast corner of the intersection of Woodlane Street and Seventh Street

(b) developments which abutt Capitol Avenue and qualify as an Urban PUD are entitled to a maximum height of five (5) stories or 75 feet, whichever is less.

(c) developments which qualify as an Urban PUD and provide a minimum of 1.0 F.A,R. of residential uses are entitled to a maximum height of five (5) stories or 75 feet, whichever is less.

(d) however, in no instance will a development be permitted to exceed three (3) stories or 45 feet on the half blocks abutting Woodlane St.

(3) Placement

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

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

(c) Front Yard: No setback required except that all development abutting Third Street, Woodlane Street, Seventh Street and Capitol Avenue shall have a mandatory building line at 25 feet from the property line abutting said streets. The mandatory building line shall not apply at the southeast corner of the intersection of Woodlane Street and Seventh Street where a setback greater than 2 5 feet will be allowed to develop corner plazas.

(d) The required front yard setback area shall not be used for off street parking and shall be land scaped with appropriate materials as set forth in the LANDSCAPE provisions of this Ordinance.

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

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

(1) Permitted Uses

(a) The following use groups are allowed:

Community facilities: Category II

Multi-family dwelling

Professional offices

General offices

(b) The following use groups may be allowed subject to a Conditional Use Permit

Single family dwelling

Two family dwelling

Community facilities: Category III

Convenience goods and services

Hotel, motel and amusement

Other consumer goods and services

Shopping type consumer goods and services

Commercial parking

(2) Height

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

(a) developments which qualify as an Urban PUD and provide a minimum of 1.0 F.A.R. of residential uses are entitled to a maximum height of five (5) stories or 75 feet, whichever is less.

(3) Placement

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

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

(c) Front Yard: No setback required.

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

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

SECTION 5-103 DISTRICT "C" CONSUMER BUSINESS (CAPITOL)

(1) Permitted Uses

(a) The following use groups are allowed:

Multi-family dwelling

Hotel, motel, amusement

Professional offices

General offices

(b) The following use groups may be allowed subject to a Conditional Use Permit:

Single family dwelling

Two family dwelling

Community facilities: Categories I and II

Convenience goods and services

Other consumer goods and services

Industrial uses

Commercial parking

(2) Height

No building hereafter erected or structurally altered shall exceed three stories or 45 feet, whichever is less, except as noted below:

(a) developments which quality as an Urban PUD and provide a minimum of 1.0 F.A.R. of residential uses are entitled to a maximum height of five (5) stories or 75 feet, whichever is less.

(3) Placement

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

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

(c) Front Yard: No setback required.

(d) All development abutting Second Street between Cross Street and Victory Street shall have a setback of not less than 25 feet from said street.

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

SECTION 5-104 DISTRICT "D" INDUSTRIAL (CAPITOL.)

(1) Permitted Uses

(a) The following use groups are allowed:

Single family dwelling

Two family dwelling

Industrial uses

(b) The following use groups may be allowed subject to a Conditional Use Permit:

Multi-family dwelling

Commercial parking

Shopping type consumer goods and services

(2) Height

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

(3) Placement

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

(b) Side Yard: There shall be a side yard on each side of a building having a width not less than four feet.

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

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

SECTION 5-105 DISTRICT "M" RESIDENTIAL (MANSION)

(1) Permitted Uses

(a) The following use groups are allowed:

Single family dwelling

Two family dwelling

(b) The following use groups may be allowed subject to a Conditional Use Permit:

Community facilities: Categories II and III

Multi-family dwelling

Professional offices

(2) Height

No building hereafter erected or structurally altered shall exceed two and one half stories or 35 feet, whichever is less.

(3) Placement

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

(b) Side Yard: There shall be a side yard on each side of a building of not less than eight feet in width.

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

(d) Lot Area Per Family: Residential development shall provide a lot area of not less than 2500 square feet per family.

(e) The minimum lot area allowed under a Conditional Use Permit shall be 1200 square feet per family.

SECTION 5-106 DISTRICT "N" NEIGHBORHOOD RESIDENTIAL AND COMMERCIAL (MANSION)

(1) Permitted Uses

(a) The following use groups are allowed;

Single family dwelling

Two family dwelling

Multi-family dwelling

Professional offices

(b) The following use groups may be allowed subject to a Conditional Use Permit:

General offices

Community facilities: Category II

Convenience goods and services

(2) Height

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

(3) Placement

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

(b) Side Yard: There shall be a side yard on each side of a building of not less than 8 feet in width.

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

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

SECTION 5-107 DISTRICT "0" GENERAL BUSINESS (MANSION)

(1) Permitted Uses

(a) The following use groups are allowed;

Community facilities: Category II

Multi-family dwelling

Professional offices

(b) The following use groups may be allowed subject to a Conditional Use Permit:

Single family dwelling

Two family dwelling

Community facilities: Category III

Convenience goods and services

General offices

Hotel, motel and amusement

Other consumer goods and services

Gasoline service station and

drive-in restaurant

Shopping type consumer goods and services

(2) Height

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

(3) Placement

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

(b) Side Yard: No setback required except for residential uses which shall have a side yard on each side of a building of not less than 8 feet in width.

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

SECTION 5-108 DISTRICT "P" COMMERCIAL (MANSION)

(1) Permitted Uses

(a) The following use groups are allowed:

Community facilities: Category II

Single family dwelling

Two family dwelling

Multi-family dwelling

Professional offices

(b) The following use groups may be allowed subject to a Conditional Use Permit:

Community facilities: Category III

Convenience goods and services

General offices

Other consumer goods and services

Shopping type consumer goods and services

(2) Height

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

(3) Placement

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

(b) Side Yard: There shall be a side yard on each side of a building of not less than 8 feet in width.

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

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

ARTICLE SIX FLOOR AREA RATIO

SECTION 6-101 CAPITOL AREA

The base Floor Area Ratios and FAR Bonus Provisions for the Capitol Area are as follows:

(1) District A

(a) Base FAR shall be 2.5.

(b) Maximum FAR permitted under Bonus Provisions shall be 4.5 and shall be determined on the following basis:

Mandatory Improvements

(i) mandatory streetscape improvements on Capitol Avenue as set forth in the LANDSCAPE provisions of this Ordinance shall receive a FAR Bonus of 0.5.

(ii) mandatory streetscape improvements on Third Street, Woodlane Street (extended to Third Street) and Seventh Street as set forth in the LANDSCAPE provisions of this Ordinance shall receive a FAR Bonus of 0.25.

Optional Improvements

(iii) a development which qualifies as an Urban PUD shall receive a FAR Bonus of 0.25.

(iv) a development providing structured parking for not less than 200 cars shall receive a FAR Bonus of 1.0.

(v) a development which qualifies as an Urban PUD and which provides a minimum of 1.0 FAR of residential uses shall receive a FAR Bonus of 2.0.

(2) District B § C

(a) Base FAR shall be 2.5

(b) Maximum FAR permitted under Bonus provisions shall be 4,5 and shall be determined on the following basis:

Mandatory Improvements

(i) None

Optional Improvements

(ii) a development which qualifies as an Urban PUD and which provides a minimum of 1.0 FAR of residential uses shall receive a FAR Bonus of 2.0.

(3) District D

(a) Base FAR shall be 1.1

(b) There shall be no FAR Bonus

SECTION 6-102 MANSION AREA

The base Floor Area Ratios and FAR Bonus Provisions for the Mansion Area are as follows:

(1) District M

(a) Base FAR shall be 1.1

(b) There shall be no FAR Bonus

(2) Districts N, 0, and P

(a) Base FAR shall be 1.5

(b) Maximum FAR permitted under Bonus provisions shall be 2.0 and shall be determined as follows:

(i) Mandatory improvement s: NONE

(ii) Optional improvements:

Streetscape improvements on Main Street as set forth in the LANDSCAPE provisions of this Ordinance shall receive a FAR Bonus of 0.5

ARTICLE SEVEN PARKING - LOADING

SECTION 7-101 APPLICATION

(1) There shall be provided for each use in any sub-area the number of off street parking spaces required for that use as listed in (3) below.

(2) On the same premises with every building hereafter erected or structurally alterd and occupied by uses involving the receipt or distribution by vehicles of materials, or merchandise, or people; there shall be provided and maintained adequate space for standing, loading and unloading in order to avoid undue interference with public use of the street or alley. The minimum off street loading space required shall include a loading space which measures twelve (12) feet by thirty (30) feet with a (14) foot height clearance for every 20,000 square feet or fraction thereof in excess of 3,000 square feet of floor and land area involved in the use of the property. This required off street loading space shall be in addition to an area or means adequate for egress, ingress, and maneuvering.

(3) In each case where square feet is mentioned, it shall mean gross square footage of a building or structure under roof.

SECTION 7-102 REQUIRED PARKING SPACES BY USE

Use

Required Parking Spaces

(1) Community Facilities

  

(a) Category I-Utilities and Transportation

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

1 per 500 sq.ft of floor area

Electric regulating substation

1 per employee

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

as required

Police protection and related activities facility

1 per employee

Fire protection and related activities facility

1 per employee

Post office

1 per 400 sq.ft. of floor area

Railroad passenger terminal

1 per 500 sq.ft.of floor area

Rapid rail transit or street railway terminal (not in public street r.o.w.)

1 per employee

Taxicab stand or dispatching station

as required

Telephone exchange station, relay tower, or right of way

1 per employee

Telegraph transmitting or receiving station or right of way

1 per employee

Television transmitting station or relay tower

1 per employee

Water pipeline right of way, treatment plant, storage facility or pressure control station

1 per employee

(b) Category II - Recreational

  

Archery range - public

1.5 per target

Kindergarten

1 per employee

Nursery school, day nursery

1 per employee

Offices-public utilities

1 per 300 sq.ft of floor area

School, elementary; public or equivalent private

1 per employee

School, secondary, public or

1 per employee plus 1 per

equivalent private

500 sq.ft, of floor area

Swimming pool, public

1 per 400 sq.ft. of pool & deck area

Tennis courts, public

1.5 per court

(c) Category III - Institutional

  

Child care institution, other than day nursery

1 per employee

Church, synagogue, or temple, including Sunday School facilities

1 for each 3 seats of main auditorium

Club or lodge, private (nonprofit)

1 per 400 sq.ft. of floor area

College, junior college, professional school or university; public or equivalent private, stadium or field house

1 per 3 seats for patron use

Community center; public

1 per 400 sq.ft. of floor area

Convalescent, maternity or nursing home

1 per 3 beds

Eleemosynary institutions, philanthropic institution, rehabilitation institution and theatrical group

1 per 400 sq.ft. of floor area

Foster family care, institution

  

or agencies

1 per employee

Home for the aged

1 per 3 beds

Hospital, general

1 per 3 beds

Hospital,restricted to mental, narcotics, or alcoholic patients: sanitorium

1 per 3 beds

Library, private, nonprofit and public

.1 per 400 sq.ft. of floor area

Mental institution

1 per employee

Monastery, convent or novitiate

1 per 15 beds

Museum or art gallery; public

1 per 400 sq.ft. of floor area

Orphanage

1 per employee

Parish house, parsonage, rectory or manse

2 per dwelling unit

Religious retreat facility

1 per 3 beds

Salvation Army residential facility

1 per 400 sq. ft. of floor area

Skating rink, public

1 per 400 sq.ft. of floor area

(2) Residential

  

(a) Single family dwelling

2 per dwelling unit

(b) Two family dwelling Multi-family dwelling

For all uses in these use groups 1.0 per efficiency apartment or 1 bedroom dwelling unit; 1.5 per 2 bedroom dwelling unit; 2.0 per 2 bedroom dwelling unit; 2.0 per dwelling unit having 4 or more bedrooms

(3) Offices: Professional and General

  

For all uses in these use groups, 1 per 300 square feet of floor area.

  

Use

Required Parking Spaces

(4) Hotel, Motel and Amusement

  

Arena or auditorium: commercial

1 per 3 seats

Billiard or pool parlor Bowling alley Dance hall

1 per 200 sq.ft.of floor area

3 per alley 1 per 200 sq.ft. of floor area

Eating places providing dancing or entertainment

1 per 200 sq.ft. of floor area

Hotel or motel

1 per guest room

Motion picture theater

1 per 3 seats

Swimming pool: commercial (exempt from enclosure)

1 per 1 per 200 sq.ft. of pool and deck area

Tavern, night club, or semi-private club Tennic court; commercial

1 per 200 sq. ft. of floor area

(exempted from enclosure)

2,0 per court

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

(5) Goods and Services: Convenience shopping type consumer

For all uses in these Use Groups, 1 per 200 sq.ft. of floor area

(6) Gasoline service station & Drive-in restaurant

Gasoline service station Drive-in restaurant

4 per enclosed service bay Addition to drive-in spaces

(7) Industrial uses

For all uses in this Use Group, 1 per 300 sq.ft.of floor area

ARTICLE EIGHT LANDSCAPE

SECTION 8-101 PURPOSE

The Landscape Provisions are intended to assure that for all development in the Capitol Zoning District some portion of such development shall be devoted to landscape plantings and/ or preservation of the existing native plant material and terrain. The purpose of this requirement is to improve and maintain the appearance, environment, character, and value of the total urban area, and to protect nearby properties, thereby promoting the public health and general welfare.

SECTION 8-102 STANDARDS

Except for the following provisions included herein:

(1) General Landscape Provisions for vehicular use areas;

(2) Perimeter landscape requirements;

(3) Interior landscape requirements;

(4) Landscape provisions for public right-of-way;

(5) Sight distance restrictions at intersections; and

(6) Maintenance

All other LANDSCAPE Provisions are referred to in this Ordinance shall not be enforced until such time as they are developed, approved by the CZDC, and published and available for distribution to the general public.

SECTION 8-103 GENERAL LANDSCAPE PROVISIONS FOR VEHICULAR USE AREAS

All vehicular use areas except those located on, under, or within buildings, and those serving single or two family residential uses shall conform to the following minimum landscape requirements. Prior to the development of any vehicular use area, a grounds permit must be obtained from the CZDC. Issuance of this permit is contingent upon the approval of a Vehicular Use Plan to be submitted by the developer.

SECTION 8-104 PERIMETER LANDSCAPE REQUIREMENTS

The exterior perimeters of all vehicular use areas shall be landscaped with a buffer strip which averages at least three (3) feet in width. These buffer strips shall include one CD tree for every thirty-five (35) linear feet, or fraction thereof, of the perimeter. Also, within these buffer strips, a hedge, a structural wall, or an earth berm, shall be installed in such a manner as to screen the vehicular use area from the public street right-of-way.

If a barrier is of a non-living material, its height, design and location must be approved by the CZDC. For every ten (10) linear feet of said barrier, the equivalent of one (1) shrub shall be planted between the barrier and the public right-of-way. These plants need not be .spaced ten (10) feet on center, but rather, except for free standing specimen plants, may be planted in groupings of three (3) or more. The remainder of the landscape buffer strip shall be improved with grass, ground cover, shrubs, or other landscape treatment excluding paving or sand.

SECTION 8-105 INTERIOR LANDSCAPING REQUIREMENTS

An area or a combination of areas, equal to ten (10) per cent of the total vehicular use area exclusive of perimeter landscape buffers shall be devoted to interior landscaping, Any perimeter landscaping provided in excess of that required may be counted as part of the interior landscaping requirement. When the vehicular use area is related to a structure or structures on the same parcel of land, any landscaping on said parcel which serves to beautify the vehicular use area, and is directly adjacent to the vehicular use area, may be counted toward meeting the interior landscaping requirement. There shall be a minimum of one (1) tree for every two (2) separate planting areas installed in the vehicular use area, but in no instance shall there be less than one (1) tree for each four hundred (4-00) square feet or fraction thereof of required interior landscaped area. These planting areas shall contain not less than fourteen (14) square feet. Some form of continuous ground covering shall be provided in the planting areas containing trees. This can be achieved through the use of ground covers, shrubs, river rock, lawn grass or pine bark chip mulch. In planting areas which do not contain a tree or trees, only ground cover, shrubs or lawn grasses may be utilized.

SECTION 8-106 LANDSCAPE PROVISIONS FOR PUBLIC RIGHT-OF-WAY

Trees planted in the public right of way shall have no division of the trunk below seven (7) feet, except that Yaupon and Crepe Myrtle may have multiple ascending trunks * The minimum height clearance of limbs shall be eight (8) feet on the property line side of the tree and if within eighteen (18) inches of the curb, fourteen (14) feet on the street side of the tree.

Sidewalk planting cuts or planter boxes shall have a minimum area of twelve (12) square feet with one (1) horizontal dimension no less than thirty-six (36) inches nor more than forty-eight (48) inches. Planter boxes shall be no less than thirty-six (36) inches nor more than forty (40) inches in height. The minimum distance from the back of the curb to the centerline of the tree shall be twenty-four (24) inches. The tree shall be a minimum of ten (10) feet from a fire hydrant and four (4) feet from any water or gas cutoff valve. The area within the planting boxes or planting cuts shall be landscaped with ground cover, or river rock.

There shall be a minimum unobstructed sidewalk of at least six (6) feet or fifty (50) percent of the total distance from the right of way line to the back of the curb, whichever is greater. This unobstructed sidewalk is the area from the property line to the edge of the cut or planter box.

In the event the design layout and plan contemplate the planting of trees above ground in planter boxes, said planter boxes shall be located in the street right of way as prescribed herein and shall contain approved plant materials. Planter boxes shall be constructed of reinforced concrete, fiberglass, or other suitable materials. The design of the planter box and the material selection shall meet the approval of the CZDC.

SECTION 8-107 SIGHT RESTRICTIONS AT INTERSECTIONS

Pertaining to the issue of visibility at intersections, all landscaping signage, fixtures, and accessory structures within the CZD will follow the established regulations of the City of Little Rock Ordinance Number 11,414, Section 39 -145 of the Code of Ordinances, commonly known as the "Blind-corner" Ordinance.

SECTION 8-108 MAINTENANCE

All landscape work shall be installed in accordance with good planting procedures. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all required landscape and related work.

Landscape areas, walls, structures, and walks,, shall be protected from vehicular encroachment by means of appropriate wheel stops or curbs, located a minimum of two and one half (2½) feet from the above fixtures.

Where possible the preservation of existing plant material, most notably specimen trees, should be incorporated in the development of vehicular use areas. In instances where such healthy plant material exists on a site prior to its development, the agency charged with the issuance of grounds permits may adjust the application of the above mentioned standards to allow credit for such plant material. Such an adjustment shall be in keeping with the intent of this Ordinance. Any removal of existing trees must be accomplished in accordance with City Ordinance Number 12,369, Section 25 -118, the Standards of Tree Removal.

ARTICLE NINE SIGNAGE

SECTION 9-101PURPOSE

It is the purpose of these provisions to regulate signage within the Capitol Zoning District is such a way as" to prohibit unsafe, inadequately maintained, improperly sited, and aesthetically obtrusive signs which do not contribute to the health, safety, welfare, convenience and enjoyment of the area's residents, property owners and visitors.

It is the intent of these provisions to enhance the special character of the Capitol Area and the Mansion area by requiring the thoughtful design of signs and consideration of the surrounding environment.

SECTION 9-102 SCOPE

These provisions shall deal with all signs except traffic control signs erected by government agencies. All signs which are located on or attached to the exterior of buildings or otherwise intended to be visible from the exterior of buildings are to be regulated by the provisions of this Ordinance.

These provisions do not regulate signage content but only height, area, location and similar aspects of signs and sign structure.

SECTION 9-103 SIGNAGE RELATEDNESS CRITERIA

The following "Relatedness Criteria" as described in the Original Plan Appendix "D" shall apply to signage within the Capitol Zoning District;

(2) Character of spaces surrounding buildings

(3) Streetscape

(4) Height/width ratio

(5) Building shape

(6) Color

(7) Materials

(10) Architectural detail

Signs will be evaluated bases on these and other criteria, for purposes of permitting by the CZD.

SECTION 9-104 SIGNAGE DEFINITIONS

The following are definitions of terms as they are used in this Ordinance. Any term not contained within this list shall be construed to be used in this Ordinance as defined in the latest edition of WEBSTER'S UNABRIDGED DICTIONARY.

(1) Abandoned Sign: Any sign which does not have a sign permit or is not properly tagged as required by this Ordinance; or which has not been maintained as required by this Ordinance or for which no owner can be found.

(2) Amortization Period: That period, of time allowed for nonconforming or prohibited signs to be removed or brought into conformity with this Ordinance.

(3) Animated Sign: Any sign which incorporates in any manner visible mechanical movement, or apparent movement achieved by electrical pulsations, or by other means, such as sequential phasing.

(4) Building: Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels. When any portion is separated by a division wall, without openings, then each such portion shall be deemed a separate building.

(5) Canopy Sign: Any sign attached to and extending under a canopy.

(6) Construction Sign; A temporary sign at a construction Site advertising construction work in progress.

(7) Delivery Sign: A wall mounted sign identifying entry or delivery points to other than residential uses.

(8) Facade Area: The area of a single building elevation which encompasses all of such elevation from ground or grade level to the top, and from one side to the other side of the building.

(9) Footlambert: The average brightness of any surface, emitting or reflecting one lumen per square foot. Footlamberts are measured with an exposure meter equipped with a footlambert scale.

(10) Graphics: Pure pictorial material which has no commercial message or informational value.

(11) Ground Mounted Sign: Any sign which uses no building or structure other than, or in addition to, its own for support.

(12) Illumination, Indirect: Illumination in which the light source itself is not visible from the street or adjacent property.

(13) Industrial Land Use; Those uses of land for industrial purposes.

(14) Marquee Sign: A wall sign mounted on a permanent rooflike projection over the entry to an establishment.

(15) Non-conforming Sign: A sign which existed prior to passage of this Ordinance or existed prior to inclusion within the Capitol Zoning District, and does not conform to the provisions.

(16) Off Premise Sign: A commercial advertising structure which advertises a business, product, or service, not on or offered on the premise on which subject sign is located.

(17) On Premise Sign: An accessory sign which advertises a business, product, or services, on or offered on the premise on which subject sign is located.

(18) Parking Directional Sign: A sign indicating the entrance to or exit from a permanent off-street parking lot.

(19) Parking Regulation Sign: A sign stating the regulations for the use of a permanent off-street parking lot.

(20) Permanent Sign: All signs other than those defined as - temporary by this Ordinance.

(21) Political Campaigning Sign: Any sign which makes known the name of, or information on a person running for a political office or any other information concerning a political campaign or any participant.

(22) Prohibited Sign; Signs which are not allowed within the Capitol Zoning District or its areas or sub-areas, (See section on Other Signs)

(23) Projecting Sign: Any sign supported from the face of a building and which any portion thereof extends from the wall more than eighteen (18) inches.

(24) Public Informational Sign: Signs which serve the public in identification and notification of a use or service, or provide information of importance to the public. The intent of this type of sign is to provide information rather than to advertise commercial services, examples, signs indicating restrooms, or hours of operation.

(25) Real Estate Sign: A temporary sign denoting the sale, rental or lease of property.

(26), Roof Sign: Any sign extending or located on or above a roof, (a vertical surface of a mansard roof shall be considered as a wall rather than a roof).

(27) Service or Product Advertising Sign: A sign designed to advertise products, services, sales and special events.

(28) Sign: Any letter, figure, design, symbol, trademark or device mounted or otherwise placed and intended to be visible from the outside of a building, for display as an advertisement, announcement, notice, directional matter or name.

(29) Sign Alteration: Any structural change or change in height or area of a sign. This does not include normal maintenance of a sign, or changing of the copy on a sign.

(30) Sign Area: That area enclosed by one continuous line, connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any time from any one point, This area does not include the main supporting sign structure but all other ornamental attachments, inner connecting links, etc. which are not a part of the main supports of the sign, are to be included in determining sign area.

(31) Sign Height: The vertical dimension from ground level at the base of the sign structure to the top (uppermost point) of the sign structure.

(32) Sign Owner: That person who owns a sign and who is responsible for such. In those cases in which the sign owner cannot be determined, the owner of the property on which the sign is located shall be responsible for the sign.

(33) Sign Permit: A permit required for the erection, relocation or other alteration of a sign.

(34) Sign Permit Tag: A tag issued in conjunction with a sign permit which shall be affixed to the sign in such a manner as to be visible from the adjacent street right-of-way.

(35) Sign Setback: That lineal distance measured horizontally and in feet from property lines to the nearest edge of a sign.

(36) street: Any.road, thoroughfare, highway, or such used by the public as a traveled way.

(37) Street Frontage: The lineal distance measured horizontally and in feet along that portion of a property adjacent to a street.

(38) Subdivision Sign: A sign denoting the entrance/exit to subdivision.

(39) Temporary Sign: Those signs listed in OTHER SIGNS of this Ordinance.

(40) Time and Temperature Sign: An electronically controlled sign which provides such information as time and temperature, but which does not appear to move in any manner.

(41) Vehicular Sign: Any sign on any mode of transportation, including but not limited to car, truck, bus, train, boat, airplane or trailer (provided that the trailer is not designed or used primarily as an advertising device)

(42) Wall Sign: Any sign affixed directly to or painted on or otherwise inscribed on any exterior portion of a building and confined within the limits of the building and which projects from the surfaces less than 18 inches at all points, A sign on a vertical surface of a mansard roof shall be regulated as a wall sign.

SECTION 9-105 SIGN STANDARDS - ON PREMISE SIGHS

Sign standards are listed by Use Groups. Sign standards for uses not specifically mentioned shall be the same as for the most similar use mentioned.

Each zoning lot is permitted one ground mounted and one building mounted sign, except for building mounted wall signs for commercial type uses which shall have no maximum number but shall not exceed the maximum allowable area. Other signs covered by these provisions such as parking, access, delivery and service signs are allowed in addition to the above.

The street classifications mentioned in the sign standards are as defined and designated by the Master Street Plan of Little Rock, as amended.

SECTION 9-105 SIGN STANDARDS - ON PREMISE SIGNS (cont)

In a complex of various uses, the principal use shall determine the standards which apply to the one- permitted ground onounted sign and the one permitted wall mounted sign. Each separate use located within the complex shall be permitted one wall mounted sign under the same standards as the principal use.

(1) COMMUNITY FACILITIES:

(a) Ground Mounted Signs: Allowed

(i) Area: Street

Area (s.f.)

Setback

Residential

8 X 1.0

+1 s.f. for

Residential Collector

8 X 1.0

every 10 feet

Collector

8 X 1.2

that sign sits

Arterial

8 X 1.5

behind all

Arterial/Median

8 X 1.5

property lines

Expressway

8 X 2.0

  

Freeway

8 X 2.0

  

(ii) Height: Maximum allowable height shall be six (6) feet.

  

(b) Building Mounted Signs: Allowed

(i) Wall signs: Allowed

(1) Area: Same as ground mounted signs

(2) Height: Wall signs shall be located on a vertical surface of the building (including canopies, wing walls, etc.) but not higher than the eave or rafter line of the wall on which located.

(ii) Projecting signs; Prohibited

(iii) Roof Signs: Prohibited

(iv) Marquee Signs: Prohibited

(c) Time and Temperature signs: Prohibited

(d) Illumination: Allowed, shall be indirect and not greater than 200 footlamberts of lamination

(e) Animation: Prohibited

(2) RESIDENTIAL

(a) Single family dwelling

(b) Two family dwelling

No commercial advertising allowed, only signs denoting the name and address of the occupants- or complex are allowed.

(1) Ground mounted signs: Allowed

(1) Area: Maximum area shall not exceed 1 square foot

(2) Height: Maximum allowable height shall be six (6) feet.

(ii) Building mounted signs: Allowed

(iii) Wall Signs: Allowed

(1) Area: Same as ground mounted sign

(2) Height: Wall signs shall be located on a vertical surface of the building (including canopies, wing walls, etc) but not higher than the eave or rafter line of the wall on which located

(2) Projecting Signs: Prohibited

(3) Roof Signs: Prohibited

(4) Marquee Signs: Prohibited

(v) Time and Temperature Signs: Prohibited

(vi) Illumination: Allowed, shall be indirect and not greater than 50 footlamberts of luminance,

(vii) Animation: Prohibited

(3) MULTI-FAMILY DWELLING

No commercial advertising allowed, only signs denoting the name and address of the occupants or complex.

(i) Ground Mounted Signs: Allowed

(1) Area: Street Area (s.f.) Setback

     

Residential

6 X 1.0

+1 s.f. for

Residential/Collector

6 X 1.0

each 10 ft.

Collector

6 X 1.2

that sign sits

Arterial

6 X 1.5

behind all

Arterial/Median

5 X 1.5

property lines

Expressway

6 X 2.0

  

Freeway

6 X 2.0

  

(2) Height: Maximum allowable height shall be six (6) feet

     

SECTION 9-105 SIGN STANDARDS - ON PREMISE SIGNS; (cont)

(3) MULTI-FAMILY DWELLING (cont)

(ii) Building Mounted Signs: Allowed

(1) Wall Signs: Allowed

(a) Area: Same as ground mounted signs

(b) Height: Wall signs shall be located on a vertical surface of the building (including canopies wing walls, etc.) but not higher than the eave or rafter line of the wall on which located

(2) Projecting Signs: Prohibited

(3) Roof Signs: Prohibited

(4) Marquee Signs: Prohibited

(iii) Time and Temperature Signs: Prohibited

(iv) Illumination: Allowed, shall be indirect and not greater than 100 footlamberts of luminance

(v) Animation: Prohibited

(4) Professional offices

General offices

Hotel, motel and amusement

Convenience goods and services

Shopping type consumer goods and services

Other consumer goods and services

Commercial parking and industrial uses

(i) Ground Mounted Signs: Allowed

(1) Area: Street

Area (s.f.)

Setback

Residential

12 X 1.0

+1 s.f. for

Residential/Collector

12 X 1.0

each 10 ft.

Collector

12 X 1.2

that sign sits

Arterial

12 X 1.5

behind all

Arterial/Median

12 X 1.5

property lines

Expressway

12 X 2.0

  

Freeway

12 X 2.0

  

(2) Height; Maximum allowable height shall be six (6) feet

(ii) Building Mounted Signs: Allowed

(1) Wall Signs: Allowed

(a) Area: Same as ground mounted signs

(b) Height: Wall signs shall be located on a vertical surface of the building (including canopies, wing walls, etc) but not higher than the eave or rafter of the wall on which located

(2) Projecting Signs; Prohibited

(3) Roof Signs: Prohibited

(4) Marquee Signs: Prohibited

(iii) Time and Temperature Signs: Prohibited

(iv) Illumination: Allowed, shall be indirect and not greater than 300 footlamberts of luminance

(v) Animation: Prohibited

SECTION 9-106 OFF PREMISE SIGNS

No off premise signs shall be allowed within the CZD except for those public, quasi-public or institutional signs specifically approved by the CZDC.

SECTION 9-107 OTHER SIGNS

(1) Parking Directional Signs: Allowed; all Use Groups except single family dwelling and two family dwelling are allowed one parking directional sign per entry/exit to a parking area, -Maximum area shall be 2 s.f. ; -maximum height shall be 6 feet and -must not physically obstruct traffic or vision.

(2) Parking Regulation Signs: Allowed; all Use Groups except single family dwelling and two family dwelling are allowed one parking regulation sign per entry/exit to a parking area, Maximum area shall be 4 s.f, ; maximum height shall be 6 feet, In addition, one identification sign per parking space shall be permitted not to exceed 0.5 s.f, in area and 2 feet in height.

(3) Delivery Signs; Allowed; all Use Groups except Single family and Two Family Dwelling are allowed one, building mounted wall sign to denote entry or delivery points, :Maximum area shall be 4.s.f.

(4) Service or Product Advertising Signs: Allowed for the following Use Groups;

Hotel, Motel and Amusement

Convenience Goods and Services

Shopping Type Consumer Goods and Services

Industrial Uses

Other Consumer Goods and Services

Shall allow one building mounted wall sign to advertise products, services, sales, specials, etc, not to exceed 10 s.f. in area.

(5) Construction Sign (temporary): Allowed; one sign not to exceed 20 s,f. in area and 6 feet in height, Construction signs may be erected at the time construction begins and shall be removed within 10 days after final Inspection.

(6) Political Sign (temporary): Allowed; one sign per candidate per premise, erected up to 60 days prior to the election date and removed within 10 days after the election.

(7) Real Estate Sign (temporary): Allowed; one sign per zoning lot, not to exceed 20 s.f, in area and 6 feet in height, to be removed within 2 weeks after conveyance of property or occupancy.

(8) Holiday Signs (temporary): Allowed; wall mounted signs celebrating the following holidays are allowed to be erected 2 weeks before and 2 weeks after the following holidays:

Easter George Washington's Birthday

Thanksgiving Fourth of July

Christmas Halloween

New Year Other religious holidays

(9) Trailer signs: Prohibited

(10) Waste receptacle signs: Prohibited

(11) Bus bench signs: Prohibited

(12) Signs on fences, utility poles, or natural elements: Prohibited

(13) Banners, pennants, light strings, oscillating, rotating flashing lights, etc.: Prohibited

(14) Signs creating traffic hazard; Prohibited

(15) Signs placed without property owners permission; Prohibited

(16) Vehicle signs which are illuminated or extend past the factory built body, except for those on public transit and emergency vehicles: Prohibited

(17) Signs not permanently attached: Prohibited

(18) Abandoned signs: Prohibited

SECTION 9-108 ADMINISTRATION OF SIGN REGULATIONS

PERMITS: 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 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.

PERMITS ISSUED: Within one year of the effective date of this Ordinance all signs shall be properly permitted and tagged, Signs tagged prior to the effective date of this Ordinance need not renew their sign permits until they fall due as initially permitted.

Permits are to be issued for a period of 2 years and all sign owners are required to renew their sign permits every 2 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.

SECTION 9-109 NON-CONFORMING SIGNS

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

SECTION 9-110 AMORTIZATION SCHEDULE

Sign Type

Amortization Period

All prohibited signs

1 year

All non-conforming signs

2 years

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

Non-conforming 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 CZDC 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.

(9/17/1979)

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