Classified Listing

ORDINANCE NO. 5905
AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF HOT SPRINGS, ARKANSAS (ORDINANCE 5158 AS AMENDED); AND FOR OTHER PURPOSES.
WHEREAS, the Hot Springs Zoning Code (Ordinance 5158, as amended) establishes use and development regulations within the City; and
WHEREAS, Section 16-2-54 describes the C-3 Office Neighborhood Commercial zone district and that description is inconsistent with Section 16-2-152 Table of Permitted Uses; and
WHEREAS, a Development Review Taskforce, initiated by Director Karen Garcia and authorized by the Board of Directors, recommended to Planning Commission favorable consideration of amendments so that development projects would not be unnecessarily delayed; and
WHEREAS, the Hot Springs Planning Commission, at its legally advertised public hearing held on October 11, 2012, recommended that this Zoning Code amendment be approved and that the same appears to be in the interest of the City of Hot Springs, Arkansas.
NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Hot Springs, Arkansas:
Section 1. That the Zoning Code of the City of Hot Springs, Arkansas (Ordinance 5158, as amended), is hereby further amended by amending Section 16-2-54 to read:
16-2-54. C-3 Office/Neighborhood Commercial.
(a) Concept and description: The C-3 District exists to allow limited commercial along with office development in proximity to residential areas. Further, the district exists to promote mixed-use developments that increase the use of non-vehicular traffic. C-3 districts also serve as proper buffers between low density residential and higher intensity commercial uses. Building masses should be modest and in scale with residential developments. Although primarily serving surrounding neighborhoods, C-3 businesses must rely upon the migration of customers from outside the neighborhood boundaries. Access and traffic circulation are key issues in their location.
(b) Permitted uses. See Article XI, § 16-2-152, Table of Permitted Uses, for a complete list of permitted uses in this district.
(c) Conditional uses. See Article XI, § 16-2-152, Table of Permitted Uses, for a complete list of conditional uses in this district.
Section 2. That the Zoning Code of the City of Hot Springs, Arkansas (Ordinance 5158, as amended), is hereby further amended by amending Section 16-2-30 to read:
16-2-30. Size of new zones.
In order to circumvent spot zoning in the city, new zones shall consist of a minimum of two acres with the exception of the PD and CTR zoning districts. These districts are permitted to be less than two acres to provide innovation and flexibility.
Section 3. That the Zoning Code of the City of Hot Springs, Arkansas (Ordinance 5158, as amended), is hereby further amended by amending Section 16-2-152 Table of Permitted Uses designating the following as Conditional Use in the C-3 Office/Neighborhood Commercial District:
Adult Use
Alcohol Package Sales
Car Wash
Bars, Lounges, Taverns
Clinics & Medical Offices
Department Store
Financial Institution, Drive
through
Fortune Teller/Palm Reader/
Psychic Operation
Funeral Home and Related
Facilities
Hotels and Motels
Hospitals
Massage Parlors
Nightclubs and Dancehalls
Restaurant, Drive-through/
Drive-in
Tattoo Parlor
Theaters
Section 4. That the Zoning Code of the City of Hot Springs, Arkansas (Ordinance 5158, as amended), is hereby further amended by amending Section 16-2-54(f)to read:
(f) Maximum floor area ratio. Maximum F.A.R. = 0.50
Section 5. That the Zoning Code of the City of Hot Springs, Arkansas (Ordinance 5158, as amended), is hereby further amended by amending Section 16-2-49(f) to read:
(f) Building limitations. Floor area ratio shall be a maximum of 40% for new construction or expansion of an existing building. This provision is not subject to variance by the city planning commission or the board of zoning adjustment.
Section 6. That the Zoning Code of the City of Hot Springs, Arkansas (Ordinance 5158, as amended), is hereby further amended by amending Section 16-1-7 to insert the following fee:
Concurrent consideration of Zoning Change to C-TR Commercial Transitional and Conditional Use Review - $475.
Section 7. This ordinance shall be codified in the City of Hot Springs Code of Ordinances and the sections may be renumbered or re-lettered to accomplish such intention.
PASSED: November 20, 2012