Arkansas Administrative Code › Agency 034 - Capitol Zoning District Commission › Rule 034.00.16-001 - Rules and Master Plan

Current through Register Vol. 49, No. 6, June, 2024
ARTICLE ONE
AUTHORITY AND PURPOSE
SECTION
		  1-101
TITLE
The Capitol Zoning District Master Plan (composed of the Capitol
			 Zoning District Rule, Capitol Area Framework Master Plan, Mansion Area
			 Framework Master Plan, Mansion Area Design Standards, Capitol Area Design
			 Standards, Rehabilitation Standards, and General Standards) represents the
			 legislation, intentions, design principles, and regulations of Act 267 of 1975,
			 as amended. These regulations are the legally accountable component by which
			 the regulatory aspects of the Act are implemented. These regulations shall be
			 known and may be cited as the Capitol Zoning District Master Plan or the
			 Capitol Zoning Rules.
SECTION
		  1-102
AUTHORITY
A.
		  By Act 267 of 1975, as amended, 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.
B. The Capitol Zoning District Master Plan is
		  the official comprehensive plan for coordinating physical development in the
		  two district areas, the Capitol Area and the Mansion Area. This plan has been
		  adopted according to the provisions of the Arkansas Administrative Procedures
		  Act by the Capitol Zoning District Commission and registered with the Secretary
		  of State as the legal document which transmits Act 267, as amended, into
		  applicable regulations and administrative actions. Any questions concerning the
		  intent of the legislation or zoning regulations will be directed to this plan
		  for clarification.
C. Under Section
		  4 of Act 2 67 of 1975, as amended, (A.C.A.
		  22-3-308
		  ), 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 with
		  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 do not cede the Commission's final authority over the
		  matters entrusted to it by law, except to the extent enforcement of the Rules
		  is authorized by statute and agreed upon by the City and the
		  Commission.
D. The provisions of
		  this Rule and the Capitol Zoning District Master Plan supersede all provisions
		  of the City of Little Rock Code of Ordinances. However, unless specifically
		  dealt with as provisions of this Master Plan, all other regulations,
		  requirements and codes of the city of Little Rock shall continue to be in force
		  in the Capitol Zoning District and are adopted by reference as a part of this
		  Master Plan.
1. The Commission may defer to
		  the City of Little Rock for the administration of such codes, but reserves its
		  final authority over the zoning and regulation of property within the Capitol
		  Zoning District.
2. Any references
		  in these Rules to the City of Little Rock's Code of Ordinances refers to it as
		  it existed on the date the most recent changes to these Rules became
		  effective.
D. The
		  Capitol Zoning District Commission has exclusive authority over the zoning and
		  regulation of all property within the Capitol Zoning District 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 Capitol
		  Zoning District Commission are properties owned by the state, and existing
		  streets, alleys, utilities and/or the public right-of-way.
SECTION 1-103
PURPOSE
The Capitol Zoning District Rules establish special zoning
			 regulations and design guidelines governing the development and use of land
			 improvements within the Capitol Zoning District in accordance with the
			 provisions of Act 267 of 1975, as amended; provide for regulations and
			 non-conforming uses and structures; and provide for the administration and
			 enforcement of the provisions of the Master Plan.
SECTION 1-104
SEVERABILITY
If, for any reason, any one or more portions of this Rule is held
			 invalid, such judgment shall not affect or invalidate the remaining provisions
			 of this Rule, but shall be confined to that specific statement and in no
			 instance shall affect or prejudice the validity of the remaining portions of
			 this Rule.