§ 27-445. Extraterritorial jurisdiction.

A.

Title. These regulations shall be known as the "Extraterritorial Zoning Ordinance for the City of Fort Smith, Arkansas".

27-445-1 Authority and purpose. These zoning regulations are adopted pursuant to the authority granted the city by A.C.A. § 14-56-413 in order to carry out the purposes listed below:

1.

These zoning regulations have designed to promote the health, safety, and general welfare, to prevent the overcrowding of land, and to facilitate the adequate and economic provision of transportation, utilities and other public facilities.

2.

These regulations and associated districts have been designed to protect private property values, to protect both private and public investments in infrastructure and improvements, and to protect the existing and future environments in neighborhoods and developments.

3.

The zoning districts and land use maps have been determined with due consideration of future growth, development, and change in land development according to the goals and objectives expressed in the city comprehensive plan.

4.

These regulations have been designed to provide locations for each land use which are properly related to traffic, utilities, and other land uses.

5.

These regulations have been designed to eliminate congestion and to improve the living conditions and fire protection by provisions of adequate light, air, and open space.

27-445-2 Jurisdiction. These regulations govern the development and use of that real property located outside the city and which real property is described by the following legal description and is illustrated on the extraterritorial zoning map (May 6, 2003) adopted hereby.

Property description: Parts of Sections 1, 2, 3, 8, 11, 12, 13, 14, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29, Township 7 North, Range 32 West, Sebastian County, Arkansas being more particularly described as follows.

All of Section 1, less and except those parcels previously annexed by the City of Fort Smith; all of Section 2, less and except those parcels previously annexed by the City of Fort Smith; all of Section 3, less and except those parcels previously annexed by the City of Fort Smith; the south half and the south half of the north half of Section 8, less and except those parcels previously annexed by Fort Smith Ordinance 2602, as filed April 17, 1967, and Fort Smith Ordinance 87-85, as filed August 29, 1985; all of Section 11 less and except those parcels previously annexed by the City of Fort Smith; all of Section 12, less and except those parcels previously annexed by the City of Fort Smith; all of Section 13, less and except those parcels previously annexed by the City of Fort Smith; all of Section 14, less and except those parcels previously annexed by the City of Fort Smith; the southwest quarter of the northwest quarter and the west half of the southwest quarter of Section 16, less and except that portion of the platted subdivision called Fianna Estates, Phase IV, as filed for record November 7, 1994, that lies within Section 16; all of Section 17; all of Section 20, less and except that portion of the platted subdivision called Beverly Corporate Plaza, Lots 1 and 2, as filed for record October 15, 1998, that lies within Section 20, and the platted subdivision called Belle Chase, Lots 1 thru 75, as filed for record June 22, 2000; all of Section 21, less and except those parcels previously annexed by the City of Fort Smith; all of Section 22, less and except those parcels previously annexed by the City of Fort Smith; all of Section 23, less and except those parcels previously annexed by the City of Fort Smith; all of Section 24, less and except those parcels previously annexed by the City of Fort Smith; the north half of Section 25; the north half of Section 26; the north half of Section 27; the north half of Section 28; and the north half of Section 29.

Also:

Parts of Sections 6, 7, 18, 19, 20, and 30, Township 7 North, Range 31 West, Sebastian County, Arkansas being more particularly described as follows:

All of Section 6, less and except those parcels previously annexed by the City of Fort Smith and the following described parcel of land also known as the Arkansas National Guard Armory site being more particularly described as follows:

Beginning at the intersection of the west line of the fractional NE 1/4 of fractional Section 6 with the south right-of-way line of Arkansas State Highway No. 22; thence southeasterly along said south right-of-way 379.77 feet to a point; thence south 560 feet to a point; thence west 375 feet to a point on the said west line of said fractional NE 1/4; thence north along said west line 600 feet to the point of beginning and containing 5.0 acres, more or less.

All of Section 7, less and except those parcels previously annexed by the City of Fort Smith; all of Section 18, less and except those parcels previously annexed by the City of Fort Smith; the west half and the south half of the east half of Section 19; the west half of the southwest quarter of Section 20; the north half of Section 30.

27-445-3 Interpretations. When referring to this article, the following rules of interpretation shall be applied, except when the context clearly requires otherwise:

1.

The particular shall control the general.

2.

In the case of any difference of meaning or implication between the text of this article and any chart, graph, illustration or table, the text shall control.

3.

The word "shall" and "will" are always mandatory and are not discretionary. The word "may" is permissive and discretionary.

4.

Words used on the present tense include the future tense; words in the future tense include the present tense; words in the singular number include the plural, and words in the plural number include the singular number.

5.

The words "building" and "structure" shall be construed as though followed by the words, "or a portion thereof".

6.

The word "lot" includes the words "parcel", "plot," or "tract", but does not include leased lands.

7.

The word "occupied" shall be construed as though followed by the words, "or intended, arranged, or designed to be occupied".

8.

The word "city" means the area of jurisdiction of the City of Fort Smith, Arkansas.

9.

All public officials, bodies and agencies to which reference is made are those of the City of Fort Smith, Arkansas.

27-445-4 Relation to other ordinances. It is not intended that this article will in any way repeal, annul or interfere with any rules, regulations or permits that were legally adopted or issued under previous ordinances for the use of land or structures. It is not intended that this article will interfere with any easements, covenants, or other agreements between parties. However, if the provisions of this article impose greater restrictions or higher standards for the use of a lot, parcel, or tract of land than is called for by other ordinances, permits, easements or agreements, then the provisions of this article will take precedence over the others and will control the use or development of land within its jurisdiction.

27-445-5 Severability. If any specific provision or standard of these regulations or any zoning district boundary that now exists or may exist in the future is found by a court to be invalid for any reason, the decision of the court shall not affect the validity of any other section, provision, standard, or district boundary of these regulations except the provision in question. The other provision of these regulations not affected by the decision of the court shall remain in full force and effect.

27-445-6 Effective date. The extra-territorial jurisdiction regulations became effective August 6, 2002.

27-445-7 Enforcement.

1.

The provisions of this article shall be enforced by the city administrator, or designated agents, of the city.

2.

It shall be the duty of the city administrator, or designated agents, of the city to initiate proceedings for the enforcement of these regulations.

3.

If the city administrator, or designated agents, of the city finds a violation of these regulations, the director of planning shall notify the violator and give the violator a specified time to correct the violation. If the violation continues or is not corrected, the director of planning shall initiate proceedings for enforcement as described in this section.

4.

The provisions of this article may be enforced by any one (1), all, or combinations of remedies authorized and prescribed by this article. If a person continues to fail to comply with a particular provision of these regulations after the imposition of any type of penalty, the person shall continue to remain subject to the remedies prescribed by this article for the continued violation of the particular provisions of these regulations. The city administrator, or a designated agent, shall have the authority to prosecute actions seeking the imposition of fines and penalties for violation of the ordinance as provided herein and, after obtaining approval from the governing body of the city, may initiate judicial actions to secure injunctions and abatement orders to further ensure compliance with the ordinance. Each day's continuing violation shall be a separate and distinct offence and may be subject to any one (1), all, or a combination of remedies authorized and prescribed by this article.

5.

Any person or entity who violates the provisions of these regulations shall be deemed guilty of committing a misdemeanor and, upon conviction thereof, shall be subject to a penalty as set forth in section 1-9 of the Fort Smith Code of Ordinances.

6.

The city administrator, or designated agents, of the city is empowered to issue citations to any person if there is a reasonable cause to believe that the person has violated any provision of these regulations. A violator shall be deemed to be the owner of the property, the agent of the owner authorized to be responsible for the property, or the occupant of the property. Citations may be directly issued to the occupant, lessee, or person having immediate beneficial use of the property. The non-occupant owner or agent responsible for the property each has the duty to maintain the property in compliance with these regulations. Written notice shall be given to the non-occupant owner, agent, or occupant prior to the issuance of any citation.

27-445-8 Definitions.

Accessory building or use shall mean a building or use which is incidental and subordinate to and serves the principal building or principal use.

Apartment house shall mean any building or portion thereof which is designed, built, rented, leased or let to be occupied as three (3) or more dwelling units or apartments or which is occupied as a home or place of residence by three (3) or more families living in independent dwelling units.

Authorized agent shall mean an architect, attorney, builder, developer or other person or persons legally empowered to act on behalf of other persons.

Board of adjustment shall mean the board of zoning adjustment of the city.

Certificate of land use compliance shall mean official certification that the property usage conforms to the provisions of these regulations and may be used or occupied. Unless a certificate is issued by the city administrator, or designated agents, of the city, the property cannot be used or occupied.

Church shall mean a place of worship and religious training, including accessory housing facilities such as a rectory.

City shall mean the City of Fort Smith, Arkansas.

City administrator shall mean the city administrator of the city.

Commission shall mean the city planning commission.

Conditional use shall mean uses that can be approved in a zone where they are specifically listed as conditional uses and are subject to special conditions as determined by the planning commission.

Country club (private) shall mean an area containing a clubhouse and recreation facilities restricted to the use of specific membership and which may contain a golf course, tennis court, swimming pool, dining room, social facilities and similar recreation and service facilities, with a minimum of ten (10) acres.

Dwelling or dwelling unit shall mean any room or group of rooms located within a structure forming a single habitable unit with facilities which are used and intended to be used for living, sleeping, cooking, eating and sanitation by one (1) family, but not including hotels, motels or boarding homes.

1.

Single-family shall mean a building containing one (1) dwelling unit designed for occupancy by not more than one (1) family.

2.

Duplex shall mean a building designed for and/or occupied exclusively by two (2) families living independently of each other.

Dwelling, mobile home shall mean a single detached single-family dwelling unit with all of the following characteristics:

1.

Designed for full time occupancy and containing sleeping accommodations, flush toilet, tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.

2.

Designed to be transported after fabrication on its own wheels or on a flatbed or other trailers of detachable wheels, or by other means.

3.

Designed to arrive at the site where it is to be occupied, complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on and connection to foundation supports, and connection to utilities.

Easement shall mean a right-of-way or parcel of land specified or set aside for a specific use, normally used for access, utilities, and other public or private usage, given by the owner of land to another party, and kept free from buildings or structures.

Flood shall mean a temporary rise in stream level that results in water covering areas not ordinarily covered by water.

Flood hazard boundary map (FHBM) shall mean an official map of the city or of the county issued by the Federal Insurance Administration, designating the boundaries of special flood hazards.

Floodway shall mean the channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Golf course (commercial) shall mean a golf course, privately or publicly owned but opened to the public for a fee and operated as a commercial venture.

Greenhouse or plant nursery shall mean an area or structure for the growing, display and sale, at retail, of plants, flowers, trees and other plant materials and the supplies for maintaining plant material.

Heavy industrial district is an industrial zone that is primarily for the manufacturing, assembly, and fabrication activities resulting from the processing of raw materials. Industrial uses which generate relatively high levels of noise, vibrations, smoke, dust, odor or an objectionable site condition are limited to this zone. The industrial uses permitted in this zone are generally incompatible with residential uses and therefore they should be located as far away as possible from residential and most commercial uses.

High density residential district shall mean a residential use zone primarily for medium to high population densities. The principal uses of land may range from two-family residential to high density multifamily apartment residential use where the multifamily apartments do not exceed twenty-four (24) units per acre.

Home occupation shall mean an occupation carried on in a residential dwelling and/or related accessory building as an incidental, subordinate and accessory activity to the primary use of the premises.

Light commercial/office. This zone is established to provide locations beyond the central area of the city, primarily along arterial or major collector streets which will accommodate offices or laboratories for professional persons and other related uses. This zone should not be established in a "strip" zoning manner along major streets but should be concentrated to provide easy accessibility to the public. The zone is intended to provide availability of professional services conveniently to all neighborhoods in the community. Uses permitted in the LCO zone would typically include offices for doctors, dentists, accountants and other similar professions, medical and dental laboratories and pharmacies. Each single LCO zone shall contain a minimum of one (1) acre and a maximum of twenty (20) acres.

Light industry. This district is intended for light manufacturing, processing, storage, wholesaling and distribution. Commercial and service uses in support of industrial uses are also permitted. Examples of permitted uses are listed below:

1.

Establishments for the manufacture, processing and assembly of goods and uses. Examples of such establishments include:

a.

Clothing manufacturers.

b.

Metal fabricators.

c.

Industrial laundries.

d.

Furniture and wooden products manufacturers.

2.

General contractors and specialty contractors.

3.

Building materials and supplies.

4.

Retail, service and other commercial establishments intended to serve the needs of the industrial community. Examples of such establishments include:

a.

Industrial machinery dealers.

b.

Packaging materials.

c.

Gasoline service stations.

d.

Petroleum products dealers and wholesalers.

e.

Machine shops.

f.

Warehousing.

g.

Truck terminals.

h.

Self-service storage (mini-warehouses).

Light residential shall mean single-family detached.

Lot shall mean a parcel of land intended to be occupied by principal buildings or uses and accessory buildings or uses customarily intended to go with them and having frontage on a dedicated public street. A lot as defined herein may consist of one (1) or more platted lots, or tract or tract conveyed or parts thereof.

Medium industrial district is an industrial use zone that is intended to primarily accommodate wholesale activities, processing, distribution, storage, and warehouse and industrial operations which may generate relatively low levels of noise, odor, smoke, dust or intense light. Residential development is excluded from this zone, both to protect residents from an undesirable environment and to facilitate maximum efficiency of industrial activity.

Medium residential shall mean single-family and two-family but no more than six (6) units per acre. Lots not served by sanitary sewer must have a soil test and site evaluation. The results of the test and evaluation will determine the possibility for the maximum density of six (6) units per acre.

Neighborhood commercial. The neighborhood commercial (NC) zone is established to provide an area in which the primary use of the land is for commercial and service uses to serve the daily convenience needs of the surrounding residential neighborhood. The zone is intended to be located within neighborhood areas and to be integrated into the residential structure of a neighborhood in a manner that will create a minimum of detriment, hazard, or inconvenience to surrounding residential development. Each neighborhood commercial zone will be small (containing from one (1) to five (5) acres) and will be located within convenient walking distance from the edge of the surrounding residential area it is designed to serve. In general, the NC zones will be located from one-half (½) to one (1) mile from each other, or from another zone in which the daily commercial needs of a neighborhood or residential area will be served.

Nonconforming use shall mean a use of land lawfully occupied at the time of the effective date of these regulations or amendment thereto, or which was subsequently included in the extraterritorial zoning jurisdiction of the city which does not conform to the use regulations for the zone in which it is situated.

Nursing homes shall mean a building used for lodging, boarding and nursing care, on a 24-hour basis, of four (4) or more persons who, because of mental or physical incapacity, may be unable to provide for their own needs and safety without the assistance of another person.

Occupancy shall mean the use or intended use of land.

Orphanage shall mean an institution for the care of orphans or homeless children.

Park or playground (nonpublic) shall mean a park or playground developed and sponsored by a quasipublic group or private agency for the benefit of specific groups, such as Little League Baseball, or the public in general.

Park or playground (public) shall mean an open recreational facility or park owned and operated by a public agency such as the city, the county or Fort Smith School Board and available to the general public.

Planning commission shall mean the planning commission of the city.

Portable building shall mean a temporary building that does not have a foundation and is transportable and is not used as a residential structure.

Principal use shall mean the use which fulfills the primary function of an establishment, institution, household and other entity.

Public building shall mean any building held, used or controlled exclusively for public purposes by any department or branch of government, state, county, or municipal, without reference to the ownership of the building or of the realty upon which it is situated. A building belonging to or used by the public for the transaction of public or quasi-public business.

School business professional shall mean a business organized to operate for a profit and offering instruction and training in a service or art such as secretarial school, barber college, beauty school or commercial art school, but not including trade schools.

School, public or private shall mean a school under the sponsorship of a public or religious agency having a curriculum generally equivalent to a public elementary or secondary school, but not including trade or commercial schools.

School, trade or technical shall mean a business organized to operate for a profit and offering instruction and training in a trade such as welding, bricklaying, machinery operation and similar trades.

Site shall mean a single holding which consists of a lot, tract, parcel or acreage, or a combination thereof, not divided in any manner by a public right-of-way including a street or alley but not including easements.

Street shall mean a public maintained right-of-way, other than an alley, which affords a primary means of access to property.

Telecommunication tower shall mean a structure designed and constructed to support one (1) or more antennas used by commercial wireless telecommunication facilities and including all appurtenant devices attached to it. A tower can be freestanding (solely self-supported by attachment to the ground) or supported (attached directly to the ground and with guy wires), of either lattice or monopole construction.

Truck farm shall mean a farm devoted to the production of vegetables for the market.

Use shall mean a purpose to which land, structures or buildings are committed.

Utility substation shall mean a station which is subsidiary to a central station and at which a utility from the central station is converted or passed on to another area.

Zone shall mean a section of the lands within the extraterritorial jurisdiction designated in these regulations in which requirements for the use of land and development standards are prescribed.

Zone boundaries shall mean that boundary line which separates unlike zoning districts.

27-445-9 Nonconforming uses.

1.

"Nonconforming" shall mean that which does not meet the requirements of these regulations but which was in existence on the date of adoption of this Code or, if not in existence on the date of adoption of this Code, has been in continuous existence for at least seven (7) years.

2.

A nonconforming use of land is a use of real property which does not conform to the permitted uses in the zoning district within which the real property is located and which does not involve utilization of a structure or as to which the utilization of a structure is incidental.

3.

Abandonment shall mean the cessation of a nonconforming use of land. The ceasing shall be deemed to be established by the failure to obtain or renew a privilege license for a period of at least one (1) calendar year, the termination of utility services for at least one (1) year or the ceasing of a nonconforming use due to a felony conviction of the owner or the authorized representative of the owner and which felony conviction is related to the subject use. Ceasing may also be established by a written statement of the intention to abandon the use by the owner or the owner's representative.

4.

A nonconforming use of land may be continued unless such use is abandoned, provided that this provision shall not be construed to approve continuation of an activity constituting a nuisance or any activity prohibited by statute or ordinance applicable to the use.

5.

A nonconforming use of land shall not be enlarged or extended, either by the addition of other real property to the use area or by the intensification of the use on the utilized real property.

6.

A nonconforming use of land may be changed to a use permitted in the same classification in which the original use is listed. However, if the original use is listed in multiple zoning district classifications, then the nonconforming use of land may only be changed to a use permitted in the most restrictive zoning district classification in which the original use is listed.

7.

A nonconforming use of land which has ceased for a continuous period of more than one (1) year shall be deemed abandoned.

8.

A structure housing a nonconforming use that is destroyed or damaged to the extent that the cost of repair is more than fifty (50) percent of the value of the structure after repair shall not be replaced unless all of the following conditions are met:

a.

A conditional use application is presented to the planning commission in accordance with section 27-445-12 of this Code;

b.

The conditional use is approved by the planning commission;

c.

Construction is completed within one (1) year from the date of the loss; the determination of "cost of repair" shall be based on the anticipated cost of a repair performed by a contractor in the ordinary course of the construction industry, and the determination of the "value of the structure after repair" shall not include real property value. Both determinations shall be made by the director of planning;

d.

The structure shall be adapted for the same use as the previous structure;

e.

The structure as built shall not exceed the bulk and area characteristics of the previous structure; and

f.

Provided a maximum time extension not to exceed sixty (60) calendar days may be granted upon written application of the owner to the director of planning, provided substantial progress has been made to repair the structure.

27-445-10 Home occupation.

1.

The planning commission, in reviewing application for home occupations may consider the performing of a skill, talent, service or profession on a limited basis as a home occupation only if it complies with all of the following:

a.

Requires the use of an area no greater than thirty (30) percent of the living space of the residence.

b.

Requires no occupational activity on the premises outside the main structure. An existing detached building, utilized in conjunction with a home occupation shall be no larger that three hundred (300) total square feet and may only be utilized for storage of materials.

c.

Requires no usage of a sign in the operation of the business.

d.

Requires no outdoor display of any goods or services and requires no outdoor storage of materials or equipment required for the operation of the business.

e.

Required to be totally operated only by the resident members of the household and shall not have any employees, concessionaires or any other form of operator or helper whether such business is conducted on the premises or off the premises.

f.

Shall not involve, on the premises, the sale of any retail or wholesale item or items that are not totally considered as an accessory item of the approved business. Items drop-shipped or delivered by order may be permissible only after the planning commission has approved such operation.

g.

Any business conducted on the premises will be by appointment only, such that no more than two (2) persons will be at the business at any one (1) time.

h.

The planning commission shall have the authority to limit the operating hours of a business where it deems it necessary in order to assure compatibility with the residential neighborhood.

i.

Will not utilize the address of the property in any business advertising. This includes, but is not limited to, paid commercial advertising, telephone directory advertising, flyers, business cards, etc.

j.

Will not produce any fumes, odors, noise or any other offensive effects that are not normal to residential activity.

k.

Will not require the construction of any additional off-street parking which would detract from the residential character of the neighborhood. The planning commission, in exceptional circumstances may allow the construction of additional off-street parking, but under no circumstances more that two (2) spaces in addition to those currently in use for residential purposes. All parking and maneuvering areas must be completely contained on private property. A parking site plan must be approved by the planning commission where a business would require customers coming to the property.

l.

Shall not create diminishment or impairment of established property values to adjoining or surrounding properties.

2.

The planning commission shall review home occupations at its regularly scheduled monthly meeting at which time one (1) of the following actions may be taken:

a.

Approve as submitted.

b.

Approve with modification.

c.

Defer.

d.

Table.

e.

Deny.

3.

The planning commission may impose conditions and restriction upon the premises benefitted by the home occupation use as may be necessary to reduce or minimize the injurious effects of the home occupation.

4.

The planning commission is not required to approve any application for the operation of any home occupation which, in its opinion, is not compatible with the integrity of the neighborhood.

5.

No license for the conduct of any business will be issued until city inspections show compliance with all conditions set by the planning commission.

27-445-11 Accessory residential use.

A.

Purpose. To grant the planning and zoning department the authority to permit citizens in all residential zones to operate an accessory residential use in accordance with the criteria set forth in this section. It is further the intent of this section to regulate the operation of the accessory residential use so that the neighborhood shall be unaware of its existence.

B.

Business license. An individual with an approved business license from the city shall not be required to obtain an accessory residential use permit in order to conduct the business from his or her residence as long as the practice is within the criteria of subsection 27-324-6 of this section.

C.

Applicant. An accessory residential use permit may be sought only by the home owner or tenant of the address for which the permit is sought.

D.

Pre-application conference. A pre-application conference pursuant to section 27-302 is recommended.

E.

Submission requirements. The director shall prepare an application form specifying the information to be submitted in support of an accessory residential use permit application. This shall include, at a minimum:

1.

Request. Request for a written description of the use.

2.

Space. Requirement of a calculation of the amount of space to be occupied by the use.

3.

Fee. Application fee established by the board of directors.

4.

Affidavit. Affidavit from the applicant that the proposed use meets each of the approval criteria established in subsection 27-324-6 and that the applicant gives the city permission to withdraw the permit should a valid neighborhood complaint be received which identifies actions that violate the terms of the accessory residential use approval. Withdrawal shall take place pursuant to section 27-314.

5.

License. Copy of a valid business license issued by the City of Fort Smith.

F.

Application and review procedure.

1.

Determination of completeness. Applications shall be submitted to the director for a determination of completeness pursuant to section 27-303.

2.

Review. Complete applications shall be reviewed by the director. If the director determines that the application meets the requirements of the UDO (including the provisions of subsection 27-324-6 C) the application shall be approved.

3.

Criteria. Applicants for an accessory residential use shall meet all of the following requirements:

a.

The activity shall be contained in an area no greater than thirty (30) percent of the total heated living space of the residential structure, and there shall be no alteration to the residential structure and no separate outside entrance for the business area of the residential structure.

b.

Only resident members of the household shall operate the activity.

c.

No inventory of materials or supplies other than normal office, art, craft or photography supplies shall be stored at this location.

d.

No customers shall be served in person at this location.

e.

The address shall not be used for any advertising.

f.

No signs shall be used.

g.

No business vehicle larger than a pickup truck shall be housed at the residence.

4.

Appeal. If the director denies an application for an accessory residential use, the denial may be appealed to the planning commission. No further action shall be taken on the application pending the decision of the planning commission.

G.

Conditions for approval. When an accessory residential use application is approved, the planning and zoning department is allowing the applicant the privilege of engaging in a specific designated activity at a specific residential address. An approved accessory residential use cannot be moved, transferred, or relocated to another address, or remain at the address where it was approved if a new owner occupies the property. If the owner to which the permit was issued moved, the approval does not transfer nor remain at the residence with the new owner, the approval is considered void. The applicant is required to give the planning and zoning department permission to withdraw the accessory residential use permit should a reasonable complaint be received.

H.

Withdrawal of permit. When one (1) verifiable complaint is received on the applicant or location for which the permit approval was issued, or when a violation of any of the criteria set forth in section 27-445-11 is confirmed, the accessory residential use may be withdrawn pursuant to section 27-314.

27-445-12 Conditional uses. The conditional use permit process allows for special conditions to be attached to a development where the proposed use in not totally inconsistent with the other permitted uses but it may have a significant impact on the surrounding area. The planning commission's intent is to provide flexibility for the petitioner by identifying those special conditions for specific uses without making the ordinance unreasonably strict.

Those uses which are deemed as conditional uses are listed under the extraterritorial open 1 zone (ETJ O-1) in section 27-445-19 of this article.

Conditions:

1.

All conditions required for a conditional use permit must be met before any part of the use can be utilized. If any condition is not met, the conditional use authorization may be revoked by the city.

2.

All conditions required for a conditional use permit must begin to be met within one (1) year of the authorization unless a special time limit has been imposed by the planning commission. An extension of time beyond one (1) year or that imposed by the planning commission may be granted by the director of planning one (1) time for up to ninety (90) days.

3.

The planning commission will review the conditional use permit based on adopted development criteria and if it determines that the criteria have been met it may approve the application unless it determines that if the development is completed as proposed, there is a probability that the development will:

a.

Not adequately safeguard the health, safety, and general welfare of the persons residing or working in adjoining or surrounding properties;

b.

Impair an adequate supply of light and air to the surrounding property;

c.

Unduly increase congestion on the roads, or the hazard from fire, flood or similar dangers;

d.

Diminish or impair established property values on adjoining or surrounding properties; or

e.

Not be in accord with the intent, purpose, and spirit of the extraterritorial zoning ordinance and land use policies.

4.

A conditional use permit authorizes the permit holder the use of land in a particular way and subject to certain conditions. As such it is transferable to an owner of the same property. However no person may make use of the land covered under such permit except in accordance with all terms and requirements of the permit, so long as the permit remains in effect.

5.

The decision of the planning commission concerning a conditional use request may be appealed to the board of directors. Any interested party may file an appeal provided that it is filed with the city clerk by 5:00 p.m. on the tenth calendar day following the date of the planning commission decision. A fee in an amount established by the board of directors is required for filing an appeal.

(Ord. No. 37-12, § 1(Amd. 2), 5-1-12)

27-445-13 Temporary use permits. The director of planning may grant a temporary use special permit for religious revivals, temporary recreational facilities, temporary medical facilities, temporary classroom facilities for public and private institutions and similar uses that do not involve retail or food or beverage sales activities, provided that the use complies with regulations governing area, parking, signs, sanitation requirements etc. for the area and does not constitute a nuisance for adjacent properties. Temporary use special permits when granted will be for a specified duration of time, not to exceed sixty (60) days, and are renewable for sixty-day periods thereafter. Permits for periods in excess of one hundred twenty (120) days (one (1) initial period plus one (1) renewable permit) must be reviewed and approved by the planning commission.

Construction offices that are necessary for the sole purpose of providing a temporary office for a particular construction project will not be required to obtain a temporary use special permit when a land use permit has been issued. The construction office may be allowed to remain on the site for the duration of the project. The construction office must be located on the project site and must not constitute a nuisance for adjacent properties. The director of planning may establish special criteria for the location and setup of a construction office.

Any mobile (retail) structure (trailer) existing at the time of this provision may continue to operate provided that this provision shall not be construed to approve continuation of an activity constituting a nuisance or an activity prohibited by statute or ordinance applicable to the use and that the structure has a valid temporary use special retail permit and/or a valid business license for the special site on which it is located. However, should the mobile retail structure be removed from the site for thirty (30) consecutive calendar days, it shall be considered a nonconforming mobile retail structure and shall not operate at that location.

27-445-14 Classification of unlisted uses. When uses arise that have not been classified, the following procedure shall be used to determine the proper classification for those uses.

1.

The director of planning shall make an administrative decision as to the appropriate zones in which an unlisted use will be allowed.

2.

The decision of the director of planning concerning the appropriate zones for an unlisted use may be appealed to the planning commission. The following procedure shall be used for such appeals.

a.

Upon request of the person wishing to appeal, the director of planning will refer the question of the location of an unlisted use to the planning commission for the commission's decision.

b.

The appeal will contain a statement of facts concerning the nature of the use, including pertinent information such as the types of sales anticipated, types of dwelling activities anticipated, whether enclosed or open storage accompanies the use, types of products manufactured or sold, and information about odor, noise, fumes, dust and toxic materials generated by the planned use. In addition, the appeal should contain information about the demand that will be placed on public utility services by the use.

3.

Upon receiving the appeal, the planning commission will consider the nature of the proposed use and its compatibility with uses permitted in the zones for which the use is proposed and then make a decision upon the request.

4.

The decision of the planning commission on the appropriate zone of a new use may be appealed to the board of directors.

27-445-15 Amendments.

A.

The board of directors may supplement, change or amend the zoning map and the zoning regulations in the manner prescribed by A.C.A. § 14-56-421.

B.

A change in the zoning map or the zoning regulations may be proposed by the city planning commission either on its own initiative or upon the application of any interested property owner within the area proposed for a change.

1.

Before the planning commission shall recommend any alteration or change in the zoning map or regulations to the board of directors, the planning commission shall hold a public hearing and the proponent of such alteration or change will cause notice of said hearing is made in a newspaper or general circulation in the city at least one (1) time fifteen (15) days prior to that hearing. In connection with this public notice and in addition thereto, any proponent for a zoning map change, other than the planning commission, shall deliver to the director of planning the following information: the legal description of the property proposed to be rezoned; the street address of the entire petitioned area; the present zone and the proposed zone, and the names and addresses of all persons listed on the current tax records as the owners of all property within three hundred (300) feet of the petitioned property, including property across any street and intersection and all owners of property within the petitioned area, and finally, the date that the petition will be heard by the planning commission. This information will be utilized by the director of planning by mailing notices to all persons listed therein, notifying them of the public hearing on such proposed change and listing the street addresses of the property and the proposed change. In addition, for applications to change the zoning map, other than those made by the planning commission, the director of planning will, no later than ten (10) days prior to the date of the public hearing, cause adequate signs to be posted on the petitioned premises so that the information thereon will be visible to the general public and the signs shall contain the information that the planning commission has been petitioned to change the zoning and that the current zoning and proposed zoning will be listed on the sign as well as the date on which the public hearing is to be held. It shall be a misdemeanor to remove or tamper with this sign, punishable by a fine of not less than ten dollars ($10.00), nor more than one hundred dollars ($100.00) and a statement to this effect shall be on the sign. The information required in this section for an alteration in the zoning map or regulations shall be submitted to the director of planning at least twenty (20) days prior to the date of the public hearing, scheduled before the planning commission. Following the public hearing, the planning commission may adopt any proposed alterations or changes in the zoning map or regulations as present or in a modified form by a majority vote of the entire planning commission, and shall certify such recommendations to the board of directors for further procedure in conformity with A.C.A. § 14-56-401 et seq. Such certified recommendations shall be automatically placed on the agenda of the board of directors at the second regularly scheduled meeting following action by the planning commission. Subsequent to the filing of an application for a change in the zoning map and the publication of the notices provided for in this subsection, the application may not be withdrawn or the date set for the hearing of the application postponed without the approval of the planning commission.

2.

Where changes or alterations in the zoning map or regulations are proposed by a property owner, then such property owner shall bear the expense of publication of notice given by the planning commission, in addition to the expense of publication of the ordinance after adoption by the board of directors, and in addition thereto, shall deposit with the planning department the sum established by the board of directors.

3.

Appeals from decisions of the planning commission shall be as follows:

a.

In the event the planning commission denies a requested change in the zoning map or zoning regulations so that no recommended action is certified by the planning commission to the board of directors pursuant to subsection A of this subparagraph, the proponent of such alteration or change shall have the right to file an appeal of the decision of the planning commission with the board of directors. Such right shall be exercised by filing a written notice of such appeal with the office of the city administrator, or designated agent, during normal business hours on or before the tenth calendar day following the planning commission meeting at which the hearing on the proposed change or alteration was held (or following the date on which the planning commission handed down its decision of non recommendation of alteration or change if the date of decision differs from the date of hearing), otherwise the right of appeal shall have been waived by the proponent.

b.

Notice of the appeal of such decision to the board of directors will be provided to those persons initially provided postal notice with reference to the hearing by the planning commission of the proposed change or alteration. The proponent of the change who has sought such appeal shall pay, at the time of filing his notice of appeal, the sum established by the board of directors to cover the cost of providing such notice.

c.

The hearing of the proponent's appeal will be scheduled for the first regular meeting of the board of directors following the date of deadline for the filing of such appeal. Subsequent to the filing of a notice of appeal, the appeal may not be withdrawn or the hearing date for the appeal postponed without the approval of the board of directors.

d.

In the event that the appeal to the board of directors of the planning commission decision is rejected by the board of directors, the proponent of such change or alteration shall not be permitted for a period of one (1) calendar year from the date of action by the board of directors to file with the planning commission a petition requesting an identical or substantially identical change or alteration in the zoning of the subject real property or any portion thereof.

4.

In the event that the board of directors denies a proposed change in the zoning map certified to it with the planning commission's approval, the proponent of such change or alteration shall not be permitted for a period of six (6) months from the date of the action of the board of directors to present the identical proposed change on the same property to the board of directors. No such rejected proposal shall be submitted, even subsequent to the expiration for the consideration of the board of directors until it has been resubmitted to the planning commission for consideration.

27-445-16 Use regulation types of uses. The ETJ use matrix, section 27-445-28 is based on the American Planning Association's Land Based Classification System (LBCS), as interpreted by these regulations and the city planning department. All of the use categories listed in the use table are defined in section 27-445-8, definition of uses of the Fort Smith Municipal Code or the Land Based Classification System of the American Planning Association.

1.

Classifications.

a.

Uses permitted by right. A "P" indicates that a use is allowed by right in the respective district. Such uses are subject to all other applicable regulations.

b.

Uses permitted conditionally. A "C" indicates that a use is allowed conditionally, subject to the issuance of a conditional use permit.

c.

Accessory uses. An "A" indicates that a use is typically permitted as an accessory use.

d.

Blank. A blank cell in the use table indicates that a use category is not allowed in the indicated district.

2.

Unlisted uses. The director shall determine whether or not an unlisted use is part of an existing use category. Any interpretation made by the planning department or planning commission shall be deemed final regardless of the contents of the LBCS.

27-445-17 Dimensional standards.

1.

Lot area.

a.

Measurement. Lot area is measured as the amount of net land area contained within the property lines of a lot or parcel, not including right-of-way for streets.

b.

Utilities. Utilities using land or an unoccupied building covering less than one thousand (1,000) square feet of site area are exempt from minimum lot area standards.

2.

Lot width. Lot width is the width of the lot as measured at the front setback line.

3.

Street frontage. Street frontage (or frontage) is the distance along a property line that is also the right-of-way line of a public street. It is measured between side lot lines along the front lot line.

4.

Setbacks.

a.

Measurement. Setbacks are the minimum horizontal distance between the front or side of a building and the front lot line or side lot line of the lot on which the building is located, disregarding any exceptions or projections allowed by these regulations. The setback line is a line which is the specified distance from and parallel to any lot line.

b.

Along a private street, setback measurement shall start at a point twenty-five (25) feet from the street centerline.

c.

The following structures may encroach no more than three (3) feet into required setbacks if they are approved by the city building official and provided that they do not cross property lines or utility easements:

1.

Patios, terraces, walks, and driveways, provided they are at grade and not covered;

2.

Porches, decks landings, and stairs, provided they are for single story buildings and are not covered;

3.

Play equipment;

4.

Clothesline poles;

5.

Portable yard furniture;

6.

Fences;

7.

Flagpoles;

8.

Overhangs, coves, and cornices as defined in the currently adopted building code may be allowed, provided they do not exceed three (3) feet. The definition of overhang specifically excludes any exterior wall of any structure regardless of its elevation above ground level.

d.

Setback averaging. Regardless of the minimum front or rear setback required by the underlying zoning district, front or rear setbacks may be adjusted to the average of the existing setbacks of the lots with structures that are on both sides of the subject lot. All residential lots on a cul-de-sac street that have frontage on the radius of the cul-de-sac are permitted to have a front yard setback of twenty (20) feet.

e.

Except as otherwise provided in individual zone districts and/or overlay districts, signs are exempt from setbacks and other requirements provided they are erected in compliance with the provisions of chapter 7.

5.

Lot coverage. Lot coverage is the maximum percentage of the lot that may be covered by structures and other impervious surfaces. It is calculated by dividing the square footage of impervious cover by the square footage of the lot.

6.

Floor area ratio (FAR). Floor area ratio is measured as the gross floor area of all buildings on a lot or parcel divided by the lot area.

7.

Height.

a.

Measurement. Building height is the mean vertical distance from the average ground level abutting a building or structure to the highest permanent part of the building or structure.

b.

A structure may not be more than the maximum allowable feet high at the minimum side setback line, but for each addition foot of horizontal setback in excess of the minimum, the height may be increased by one (1) foot. The height of a gabled end of a building shall be measured at the midpoint of the gable instead of the peak of the gable.

c.

The following structures may be exempted from the height requirements in the various districts if they are not detrimental to neighboring property and are approved by the city building official:

1.

Chimneys;

2.

Vents;

3.

Flagpoles;

4.

Antenna for reception only of radio and television signals (transmitting antenna, towers, and other structures on which receiving antenna are located are not exempt from height or other setback requirements).

d.

The construction, maintenance, or establishment of any building, tree, smokestack, chimney, flagpole, wire, tower, or other structure or appurtenance thereto, which may constitute a hazard or obstruction to safe air navigation, landing, or take-off of aircraft near an airport, is prohibited. Regulations adopted by the Federal Aviation Agency (FAA) shall be minimum standards. No request shall be approved if it violates FAA standards.

8.

Building separation. Required building separation shall be determined by the Arkansas Fire Prevention Code.

9.

Density. Density is measured by net lot area, not including street or other dedicated right(s)-of-way.

27-445-18 Street hierarchy. Street classification as used in these regulations is as follows, from lowest to highest:

1.

Residential;

2.

Residential collector, restricted parking;

3.

Residential collector;

4.

Major collector;

5.

Minor arterial;

6.

Major arterial;

7.

Boulevard;

8.

Industrial street.

27-445-19 Extraterritorial open zone (ETJ Open-1) created. All real property identified in the extraterritorial zoning jurisdiction as defined in section 27-445-2 of these regulations is hereby zoned extraterritorial open zone (ETJ Open-1). The following zoning district regulations shall apply to all properties zoned as ETJ Open-1:

1.

Characteristics. A zone to protect the undeveloped areas within the city's extraterritorial zoning jurisdiction from incompatible land use or other specific uses that may constitute a nuisance to the residents therein or uses that may create an endangerment to the health, safety, or general welfare of the jurisdiction's population. The ETJ Open-1 zone designation may be utilized as a zoning classification for properties until a distinct land utilization pattern is developed in keeping with the city's comprehensive plan and other land use policies.

2.

Permitted uses.

a.

General uses:

1.

Single-family homes;

2.

Two-family homes (duplexes);

3.

Nurseries and greenhouses, private and commercial;

4.

Truck farms;

5.

Private or public golf courses;

6.

Fire and police stations;

7.

Utility substations;

8.

Parks, playgrounds and other open spaces.

b.

Conditional uses:

1.

Agricultural (not including commercial/industrial operations, e.g., commercial food lots, processing plants, sales yards);

2.

Churches;

3.

Country clubs of more than ten (10) acres;

4.

Boarding schools;

5.

Nursing homes;

6.

Orphanages;

7.

Public, private or parochial schools and colleges (not including industrial trade schools);

8.

Public buildings.

c.

Accessory uses.

1.

Guest houses, not including mobile homes and employee's quarters, not including mobile homes.

2.

Accessory farm buildings (requires conditional use permit) including barns, cribs, sheds, tool rooms, shops, bins, tanks, and silos. All structures for the housing of large and small domestic farm animals shall be located no closer than one hundred (100) feet from any property line.

3.

Accessory open or closed storage of farm materials, products, equipment and vehicles.

4.

Accessory farm dwellings, not to include mobile homes, two (2) on farms with a minimum of fifty (50) tillable acres. These dwellings shall share a common entrance from a public or private road or highway and shall be occupied by permanent employees of the farm or immediate members of the family owning or operating the farm. All accessory farm dwellings shall be landscaped and screened from adjacent properties.

5.

Other accessory uses, as determined by the planning commission, that are incidental to the permitted uses and not detrimental to the adjacent properties or the character of the ETJ Open-1 zone.

(Ord. No. 19-12, § 1, 3-6-12)

27-445-20 Rural residential (RR).

1.

Purpose. To provide areas for low intensity agricultural operations and very low density single-family uses rural areas. This district is appropriate where low density development is desired or where lack of public facilities and services requires low intensity development. Development in this district shall be designed to allow for the future planned expansion of utilities and services where necessary. RR zoning is appropriate in the low density residential future land use classification of the Fort Smith ETJ land use map.

2.

Uses. Permitted, conditional and accessory uses in the RR district are identified in section 27-445-28, ETJ use matrix. Specific uses not identified on the use list are subject to classification by the director. No more than one (1) principal structure may be erected on each defined lot.

3.

Area and bulk regulations.

Density/Min. Lot Size	Min. Lot Width (at setback line)	Maximum Lot Coverage	Minimum Street Frontage	Max Height/ Number of Stories
1 structure/3 acres	200 feet	10%	50 feet	35 feet/2.5 stories

 

Setbacks
Front	Side	Street Side/Corner	Rear
50	25	50	25

 

4.

References to other standards. Development in the city extra-territorial jurisdiction area shall conform to the following standards of the city zoning ordinance:

Standard	Section
Home Occupations	Section 27-445-10
Accessory Residential Use	Section 27-445-11
Conditional Uses	Section 27-445-12

 

27-445-21 Residential estate (RE).

A.

Purpose. The purpose of the residential estate district is to provide areas for low-density, large lot single-family residential development. Property zoned RE should include tracts that abut or are in close proximity to existing or approved large-lot single-family development, making RE an appropriate transition between rural and suburban uses. Where public facilities and services are not yet available, development in this district shall be designed to allow for the future planned expansion of utilities and services where necessary. RE zoning is appropriate in the low density residential future land use classification of the city ETJ land use map.

B.

Uses. Permitted, conditional and accessory uses in the RE district are identified in section 27-445-28, ETJ use matrix. Specific uses not identified on the use list are subject to classification by the director. No more than one (1) principal structure may be erected on each defined lot.

C.

Area and bulk regulations.

Density/Min. Lot Size	Min. Lot Width (at setback line)	Max Lot Coverage	Minimum Street Frontage	Max Height/ Number of Stories
1 structure/1 acre	100 feet	20%	50 feet	35 feet/2.5 stories

 

Setbacks:
Front	Side	Street Side/Corner	Rear
40	15	40	20

 

D.

References to other standards.

Standard	Section
Home Occupations	Section 27-445-10
Accessory Residential Use	Section 27-445-11
Conditional Uses	Section 27-445-12

 

27-445-22 Residential single-family low density (RS-1).

A.

Purpose. The purpose of the single-family low density district is to maintain, protect, and provide opportunities for low density residential development in spacious environments, along with compatible limited public and institutional uses. RS-1 zoning is appropriate in the low density residential category of the city ETJ land use map.

B.

Uses. Permitted, conditional and accessory uses in the RS-1 district are identified in section 27-445-28, ETJ use matrix. Specific uses not identified on the use list are subject to classification by the director. No more than one (1) principal structure may be erected on each defined lot.

C.

Area and bulk regulations.

Density/Min. Lot Size (s.f.)	Min. Lot Width (at setback line)	Max Lot Coverage	Min. Street Frontage	Max Height/ Number of Stories
1 structure/14,000 s.f.	100'	30%	50'	35 feet/2.5 stories

 

Setbacks (feet)
Front	Side	Street Side/Corner	Rear
30	10	30	10

 

D.

References to other standards.

Standard	Section
Home Occupations	Section 27-445-10
Accessory Residential Use	Section 27-445-11
Conditional Uses	Section 27-445-12

 

27-422.1 Residential single-family medium density (RS-2).

A.

Purpose. A low to medium density district allowing residential uses for single-family homes, duplexes and manufactured homes in areas where adequate public services and facilities are available. RS-2 zoning is appropriate in suburban areas in the low density residential category of the city ETJ land use map.

B.

Uses. Permitted, conditional and accessory uses in the RS-2 district are identified in section 27-445-28, ETJ use matrix. Specific uses not identified on the use list are subject to classification by the director. No more than one (1) principal structure may be erected on each defined lot.

C.

Area and bulk regulations.

Min Lot Size	Minimum Lot Width (at setback line)	Max Lot Coverage	Min. Street Frontage	Max Height
½ acre	75'	50%	20'	35'

 

Setbacks (feet)
Front	Side	Street Side/Corner	Rear
30	7.5	30	10

 

1.

Minimum parcel/lot size for rezoning to MUR.

a.

New district: Two (2) acres.

b.

Extending existing district: One (1) acre.

D.

References to other standards.

Standard	Section
Home Occupations	Section 27-445-10
Accessory Residential Use	Section 27-445-11
Conditional Uses	Section 27-445-12

 

E.

Additional requirements. Single-family dwellings constructed or installed in a single-family medium density (RS-2) zone shall be subject to the following additional requirements:

1.

The principal structure(s) must be wider than twenty-two (22) feet.

2.

The principal structure(s) must have a minimum pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater.

3.

The principal structure(s) shall be appropriately sited on the lot, with the front door or main entry of the home oriented to the front of the lot.

4.

The principal structure(s) must be placed upon permanent foundations that consist of concrete footings and piers or perimeter foundations.

5.

The principal structure(s) must be completely underpinned around the entire perimeter with masonry materials.

6.

The principal structure(s) must have all transport elements such as wheels, axles, trailer or transport hitched and exterior lighting systems attached for highway use removed.

7.

The exterior siding consists of vinyl or aluminum lap siding, wood, masonite, or other materials similar to the exterior siding commonly used in standard residential construction. All exterior finish materials of the principal structure shall be compatible with the neighborhood.

F.

Mobile home park requirements.

1.

Location.

a.

Mobile home parks may be located in any area zoned residential single-family medium density (RS-2) provided a conditional use has been approved by the planning commission in accordance with section 27-445.

b.

It shall be unlawful to park any mobile home to be occupied for dwelling or sleeping purposes within the extraterritorial jurisdiction (ETJ) of the city, as the same now exists or may be hereafter designated, outside a licensed mobile home park or an approved mobile home subdivision.

2.

Site plan. Prior to the issuance of a development permit, a detailed site plan showing all requirements shall be submitted to the director of planning for approval.

3.

Supervision. The licensee or permittee, or a duly authorized attendant or caretaker, shall be in charge at all times to keep the mobile home park, its facilities and equipment in a clean, orderly and sanitary condition. The attendant or caretaker shall be answerable, with the licensee or permittee, for the violation of any provision of this division to which the licensee or permittee is subject.

4.

Wall. Where any boundary of a mobile home park directly abuts property which is improved with a permanent residential building or directly abuts unimproved property which may, under existing laws and regulations, be used for permanent residential building construction, a wall, solid fence, or hedge screen with a minimum height above finish grade of six (6) feet shall be provided along such boundary.

5.

Drainage. The mobile home park shall be located on a well-drained site, properly graded to ensure rapid drainage and free from stagnant pools of water.

6.

Size of spaces. Each mobile home park shall provide mobile home spaces, and each such space shall be clearly defined or delineated. Each space shall have a minimum depth of sixty (60) feet and width of not less than forty (40) feet.

7.

Placement of homes. Mobile homes shall be so located on each space that there shall be at least a twenty-foot clearance in all directions between mobile homes or buildings within the mobile home park. No mobile home shall be located closer than ten (10) feet to any property line of the park which does not abut upon a public street or highway. No mobile home park shall be located closer to any property line of the park abutting upon a public street or highway within twenty-five (25) feet or such other distance as may be established by ordinance or regulations as a front yard or setback requirement, with respect to conventional buildings in the zone in which the mobile home park is located.

8.

Curb and gutter roadway required. All mobile home park spaces shall abut upon a curb and gutter roadway of not less than twenty-two (22) feet in width, which shall have unobstructed access to a public street or highway.

9.

Illumination of driveways, walks. All roadways and walkways within the park shall be hard surfaced and area lighting shall be required at all roadway intersections and at three hundred (300) feet intervals along all roadways and walkways. The minimum size for lamps shall be one hundred seventy-five (175) watts mercury vapor or equivalent.

10.

Electrical services. Electrical services shall be constructed in accordance with the current adopted city electrical code.

11.

Water supply. An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile home spaces within the park to meet the requirements of the park. Each mobile home space shall be provided with a cold water tap at least four (4) inches above the ground. An adequate supply of hot water shall be provided at all times in the service buildings for all bathing, washing and cleansing facilities.

12.

Sanitation facilities. Each mobile home park shall provide sanitation facilities in compliance with the rules and regulations pertaining to mobile home and travel trailer parks as adopted by the state board of health.

13.

Specifications of service buildings.

a.

Service buildings housing sanitation facilities shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.

b.

The service buildings shall be well lighted at all times of the day and night, shall be well ventilated with screened openings, shall be constructed of such moistureproof material, which may be painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of at least sixty-eight (68) degrees Fahrenheit during the period from October first to May first. The floors of the service buildings shall be of water-impervious material.

c.

All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.

14.

Sewage and refuse disposal.

a.

Water from showers, bathtubs, flush toilets, urinals, lavatories and slop sinks in service and other buildings within the park shall be discharged into a public sewer system in compliance with applicable provisions of this Code and city ordinances or into a private sewer and disposal plant system of such construction and in such manner as will present no health hazard.

b.

Each mobile home space shall be provided with a sewer at least four (4) inches in diameter, which shall be connected to receive the waste from the shower, bathtub, flush toilet, lavatory and kitchen sink of the mobile home harbored in such space and having any or all of such facilities. The sewer in each space shall be connected to discharge the mobile home waste into a public sewer system in compliance with applicable ordinances or into a private sewer and disposal plant system of such construction and in such manner as will present no health hazard. Plans for construction of sewage disposal and/or treatment facilities shall be approved by the state board of health and the city.

15.

Fire protection. Every mobile home park shall be equipped at all times with fire extinguishing equipment and hydrants in good working order of such type, size and number and so located within the park as to satisfy applicable regulations of the fire department. No open fires shall be permitted at any place which may endanger life or property. No fires shall be left unattended at any time.

16.

Animals and pets. No owner or person in charge of any dog, cat or other pet animal shall permit it to run at large or commit any nuisance within the limits of any mobile home park.

17.

Parking space. Each mobile home space shall have a minimum of two (2) off roadway, ten (10) by twenty (20), all weather parking spaces.

18.

Open or recreational area. Not less than five (5) percent of the gross site area of the mobile home or recreational vehicle park, shall be devoted to recreational facilities, generally provided in a central location. In large parks this may be decentralized. Recreational areas may include space for community buildings and community use facilities such as adult recreations, child play areas, and swimming pools, but not include vehicle parking areas. When playground space is provided, it shall be so designated and protected from traffic, thoroughfares, and parking areas. Such space shall be maintained in a sanitary condition and free of safety hazards.

27-445-23 Neighborhood compatible (C-1).

A.

Purpose. To provide small areas for limited office, professional service, and local retail designed in scale with surrounding residential uses. This district encourages the incorporation of neighborhood-scale commercial uses in proximity to residential uses for each of accessibility and promotion of pedestrian-oriented development. C-1 zoning is appropriate in the neighborhood commercial classification of the ETJ land use map.

B.

Uses. Permitted, conditional and accessory uses in the C-1 district are identified in section 27-445-28, ETJ use matrix. Specific uses not identified on the use list are subject to classification by the director. No more than one (1) principal structure may be erected on each defined lot; however, second-story residential is permitted as a second use in all commercial structures.

C.

Area and bulk regulations.

Max Lot Size/Max Bldg (s.f.)	Min. Lot Width (at setback line)	Max Lot Coverage	Minimum Street Frontage	Max Height
21,000 Lot/30,000 Bldg.	50'	60%	20'	35 feet

 

Setbacks (feet)
Front	Side	Street Side	Rear
25	10	10	10

 

1.

Minimum parcel/lot size for rezoning to C-1:

a.

New district: Minimum seven thousand (7,000) square feet, maximum two (2) acres.

b.

Extending existing district: Minimum seven thousand (7,000) square feet, maximum twenty-one thousand (21,000) square feet.

2.

Maximum building total for development: Thirty thousand (30,000) square feet; maximum individual building or unit in multi-unit structure: Five thousand (5,000) square feet.

3.

Required street access: Residential collector or higher.

D.

References to other standards.

Standard	Section
Home Occupations	Section 27-445-10
Accessory Residential Use	Section 27-445-11
Conditional Uses	Section 27-445-12

 

27-445-24 Commercial light (C-2).

A.

Purpose. To provide office, service, and retail activities that are located at the edge of residential areas but which serve an area larger than adjacent neighborhoods. The C-2 district is intended to accommodate well designed development sites that provide excellent transportation access, make the most efficient use of existing infrastructure, and provide for orderly buffers and transitions between uses. C-2 zoning is appropriate in the commercial neighborhood classification of the ETJ land use map.

B.

Uses. Permitted, conditional and accessory uses in the C-2 district are identified in section 27-445-28, ETJ use matrix. Specific uses not identified on the use list are subject to classification by the director. No more than one (1) principal structure may be erected on each defined lot; however, second-story residential is permitted as a second use in all commercial structures.

C.

Area and bulk regulations.

Min. Lot Size/Max Bldg (s.f.)	Min. Lot Width (at setback line)	Max Lot Coverage	Minimum Street Frontage	Max Height
7,000 lot/30,000 bldg.	50'	60%	20'	35 feet

 

Setbacks (feet)
Front	Side	Street Side	Rear
25	10	10	10

 

1.

Minimum parcel/lot size for rezoning to C-2:

a.

New district: Forty-two thousand (42,000) square feet.

b.

Extension of existing district: Seven thousand (7,000) square feet (one (1) lot).

2.

Maximum individual building square footage on a single lot: Thirty thousand (30,000) square feet.

3.

Required street access: Major collector or higher.

D.

References to other standards.

Standard	Section
Home Occupations	Section 27-445-10
Accessory Residential Use	Section 27-445-11
Conditional Uses	Section 27-445-12

 

27-445-25 Commercial moderate (C-3).

A.

Purpose. To provide for general commercial activities, offices, and services to serve the community. This district promotes a broad range of activities, commercial operations, and services that are dispersed throughout the city and designed at a smaller scale than a regional center. C-3 zoning is appropriate in the light commercial office classification of the ETJ land use map.

B.

Uses. Permitted, conditional and accessory uses in the C-3 district are identified in section 27-445-28, ETJ use matrix. Specific uses not identified on the use list are subject to classification by the director of planning and zoning. No more than one (1) principal structure may be erected on each defined lot; however, second-story residential is permitted as a second use in all commercial structures.

C.

Area and bulk regulations.

Min. Lot Size/Max Bldg (s.f.)	Min. Lot Width (at setback line)	Max Lot Coverage	Minimum Street Frontage	Max Height
12,000 lot/60,000 bldg.	75'	60%	n/a	35 feet

 

Setbacks (feet)
Front	Side	Street Side	Side/Rear	Rear
			Abutting RS
25	20	15	30	20

 

1.

Minimum parcel/lot size for rezoning to C-3: Two (2) acres.

2.

Maximum individual building square footage on a single lot: Sixty thousand (60,000).

3.

Required street access: Major collector or higher.

D.

References to other standards.

Standard	Section
Home occupations	Section 27-445-10
Accessory Residential Use	Section 27-445-11
Conditional Uses	Section 27-445-12

 

27-445-26 Industrial light (I-1).

A.

Purpose. To provide for a mix of light manufacturing uses, office park, research and development, and limited retail/service uses in an attractive, business park setting. Industrial light may be used as a transition between mixed use or commercial uses and heavier industrial uses. I-1 zoning is appropriate in the light industrial classification of the ETJ land use map.

B.

Uses. Permitted, conditional and accessory uses in the Industrial-1 district are identified in section 27-445-28, ETJ use matrix. Specific uses not identified on the use list are subject to classification by the director.

C.

Area and bulk regulations.

Min. Lot Size (s.f.)	Min. Lot Width (at setback line)	Max Lot Coverage	Minimum Street Frontage	Max Height
20,000	100'	75%	n/a	45'

 

Setbacks (feet)
Front	Side	Side	Side/Rear Abutting Residential	Rear
25	10	15	100	10

 

1.

Minimum parcel/lot size for rezoning to I-1:

a.

New district: Two (2) acres.

b.

Extension of existing district: Twenty thousand (20,000) square feet unless extension of existing development.

2.

Required street access: Major arterial or higher.

3.

Side/rear setback abutting residential may be reduced to sixty (60) with planning commission approval of screening/landscaping through development plan approval process.

4.

References to other standards.

Standard	Section
Home occupations	Section 27-445-10
Accessory Residential Use	Section 27-445-11
Conditional Uses	Section 27-445-12

 

27-445-27 Industrial moderate (I-2).

A.

Purpose. To provide for industrial uses that can be operated in a clean and quiet manner that will not be obnoxious to adjacent uses and have relatively limited environmental impacts. I-2 uses are primarily contained indoors and have heavier traffic generation than I-1 uses. I-2 zoning is appropriate in the industrial classification of the ETJ land use map.

B.

Uses. Permitted, conditional and accessory uses in the Industrial-2 district are identified in section 27-445-28, ETJ use matrix. Specific uses not identified on the use list are subject to classification by the director.

C.

Area and bulk regulations.

Min. Lot Size (s.f.)	Min. Lot Width (at setback line)	Max Lot Coverage	Minimum Street Frontage	Max Height
20,000	100'	60%	n/a	45'

 

Setbacks (feet)
Front	Side	Street Side	Side/Rear Abutting Residential	Rear
50	25	50	100	20

 

1.

Minimum parcel/lot size for rezoning to I-2:

a.

New district: Ten (10) acres.

b.

Extension of existing district: Twenty thousand (20,000) square feet unless extension of existing development.

2.

For buildings and structures located between one hundred (100) and one hundred fifty (150) feet of residentially zoned property, for each additional foot of setback in excess of the minimum required setback, building height may be increased by one (1) foot. Buildings or structures located more than one hundred fifty (150) feet from residentially zoned property shall have no specific height requirement.

3.

Side/rear setback abutting residential may be reduced to sixty (60) feet with planning commission approval of screening/landscaping through development plan approval process. Additional building height may not be calculated in this space.

4.

Required street access: major arterial or higher.

D.

References to other standards.

Standard	Section
Home occupations	Section 27-445-10
Accessory Residential Use	Section 27-445-11
Conditional Uses	Section 27-445-12

 

 

27-445-28 ETJ Use Matrix
Districts			RR	RE	RS-1	RS-2	C-1	C-2	C-3	I-1	I-2
Uses	P = Permitted Use, C = Conditional Use, A = Accessory Use				R-1	R-2	C-1	C-2	C-3	I-1, 2	I-3
Function	Size or density restrictions for any use may be noted in the district
1000 Residence or Accommodation
	1100 Private household
		1100 Single-family building
	Structure	1110 Detached	P	P	P	P
		1120 Attached
		1121 Duplex				C
		1130 Accessory unit
		1140 Townhouse						P	P
		1150 Manufactured housing				P
		1160 Mobile home parks				C
		Guest house	A	A	A	A
		1200 Multifamily structure						P	P
		Commercial structure with accessory residential					A	A	A
		6520 Family group home I	P	P	P	P
		6520 Neighborhood group home II						P	P
		6520 Community residential facility				C		P	P
		6561 Orphanage						C	C
		6560 Homeless shelter/rescue mission							C
	1200 Housing services for the elderly
		1210 Retirement housing services
		1220 Congregate living services
		1230 Assisted living services
		1250 Skilled-nursing services
	1300 Hotels, motels, or other accommodations
		1310 Bed and breakfast inn						P	P
		1320 Rooming and boarding						P	P
		S1320 Dormitory, sorority, fraternity						C	C
		1330 Hotel, motel or tourist court
2000 General sales or services
	S2000 Commercial buildings and other specialized structures
	2000 General sales or services
	2100 Retail sales
	2110 Automobile sales or service
		2110 Body shop								P
		2110 Body shop (contiguous to residentially zoned or developed property)								C
		Car wash - full service								P
		Car wash self-service							C	P
		Detailing service							P	P
		Engine repair								P

 

27-445-28 ETJ Use Matrix (Cont'd.)
Districts			RR	RE	RS-1	RS-2	C-1	C-2	C-3	I-1	I-2
Uses	P = Permitted Use, C = Conditional Use, A = Accessory Use				R-1	R-2	C-1	C-2	C-3	I-1, 2	I-3
Function	Size or density restrictions for any use may be noted in the district
		Other repair								P
		Paint								P
		Quick lube							P
		2111 Car dealer								P
		2112 Bus, truck, mobile homes, or large vehicles								P	P
		2113 Bicycle, motorcycle, ATV								P
		2114 Boat or marine craft								P
		2115 Parts, accessories							P	P
		Tires								P
		2116 Gasoline service								P	P
		with convenience store							P	P	P
		without convenience store							P	P	P
		automobile storage								C	C
		truck stop/travel plaza								C	C
	2120 Heavy consumer goods sales or service
		2120 Agricultural equipment								P
		Construction equipment and machinery								P
		Heavy machinery and equipment								P	P
		Repair - commercial and industrial machinery								P
		Repair - consumer goods, large								P
		Repair - consumer goods, small							P
		Repair - clothing and personal items						P	P
		2121 Furniture or home furnishings						P	P
		Used furniture
		2122 Hardware, home centers						P	P	P
		2123 Lawn and garden supplies							P	P	P
		Greenhouse								P
		2124 Department store, warehouse club or superstore							P
		2125 Electronics and appliances						P	P
		New inventory only					P
		2126 Lumber yard and building materials								P	P
		2127 Heating and plumbing equipment								P	P
		2128 Oil and gas equipment (sales or service)								P	P
	2130 Durable consumer goods sales or service
		2131 Computer and software						P	P	P
		2132 Camera and photographic supplies						P	P
		2133 Clothing, jewelry, luggage, shoes					P	P	P
		Used clothing, jewelry						P	P
		2134 Sporting goods, toy and hobby, and musical inst.						P	P
		2135 Books, magazines, music, stationery						P	P	P
	2140 Consumer goods, other
		2141 Florist					P	P	P
		2142 Art dealers, supplies, sales and service						P	P	P
		2143 Tobacco or tobacconist establishment					P	P	P
		2144 Mail order or direct selling establishment							P	P
		2145 Antique shops					C	C	P	P
		2145 Flea markets (indoor only, no outdoor storage)					P	P	P
	2150 Grocery, food, beverage, dairy
		2151 Grocery store, supermarket, or bakery					P	P	P	P
		2152 Convenience store (no gasoline sales)						P	P	P
		2153 Specialty food store						P	P	P
		2154 Fruit and vegetable store						P	P
		2155 Beer, wine and liquor store						C	P
		with drive-through							P
		2160 Health and personal care
		2161 Pharmacy or drug store					P	P	P
		2162 Cosmetic and beauty supplies
		2163 Optical						P	P
		2200 Finance and Insurance
		2200 Pawnshop (inside only)							P
		Pawnshop (outdoor storage and sales)
	2210 Bank, credit union, or savings institution
		Branch office							P	P	P
		Automatic teller machine						P	P	P	P
		2220 Credit and finance establishment						P	P	P	P
		2230 Investment banking, securities, and brokerages						P	P	P	P
		2240 Insurance-related establishment						P	P	P	P
		2250 Fund, trust, or other financial establishment						P	P	P	P
	2300 Real estate, and rental and leasing
		2310 Real estate services						P	P	P	P
		2320 Property management services						P	P	P	P
		2330 Rental and leasing
		2332 Cars								P
		2332 Trucks, trailers, RVs								P
		2333 Recreational goods
		2334 Commercial, industrial machinery and equip.								P
		2335 Consumer goods
		2336 Video, music, software						P	P
	2400 Business, professional, scientific, and technical services
		2410 Professional services						P	P	P	P
		2411 Legal services						P	P	P	P
		2142 Accounting, tax, bookkeeping, payroll						P	P	P	P
		2143 Architectural, engineering						P	P	P	P
		2144 Graphic, industrial, interior design						P	P	P	P
		2145 Consulting services						P	P	P	P
		2146 Research and development services						P	P	P
		Medical laboratories (no animal research)							C
		Medical laboratories								C	C
		2147 Advertising, media, photography services						P	P	P	P
		2418 Veterinary services (indoor)						P	P	P	P
		Veterinary services (with outdoor kennels)								P	P
		2420 Administrative services
		2421 Office and administrative services						P	P	P	P
		2422 Facilities support services						P	P	P	P
		2423 Employment agency							P	P	P
		2424 Business support services						P	P	P	P
		2425 Collection agency						P	P	P	P
		2430 Travel arrangement and reservation services						P	P
		2440 Investigation and security services						P	P
		2450 Services to buildings and dwellings
		2451 Extermination and pest control									P
		2452 Janitorial						P	P
		2453 Landscaping/greenhouse								P	P
		2454 Carpet and upholstery cleaning					C	P	P	P	P
		Carpet and upholstery cleaning - mobile					C	P	P	P	P
		2455 Packing, crating, and convention/trade svcs.
	2500 Food services
		2510 Full-service restaurant						P	P	P
		2520 Cafeteria or limited service restaurant						P	P	P
		With drive-through						C	P	P
		With drive-in								P
		2530 Snack or nonalcoholic bar, cafe						P	P	C
		2540 Bar or drinking place						C	C
		Beer garden							C
		2550 Mobile food services
		2560 Caterer						P	P	C
		2570 Food service contractor								P	P
		2580 Vending machine operator
	2600 Personal services
		2600 Bail bonds
		2600 Salon/spa services					P	P	P
		Tanning salons						P	P
		2600 Cleaners, dry cleaning, laundry						P	P
		Pick-up/drop-off only					P	P
		Commercial laundry								P	P
		2600 Photography						P	P
		2600 Printing, photocopying						P	P	P	P
		2600 Tattoo parlor							P
		2600 Weight loss centers
	2700 Pet and animal services (except veterinary)
		2710 Pet or pet supply store						C	P
		2720 Animal and pet services (indoor)						P	P
		Outdoor
		Pound								P	P
	S5200 Automobile parking facilities									C
		S5210 Surface parking, open								C
		S5220 Surface parking, covered								C
		S5230 Multistoried parking structure with ramps								C
		S5240 Underground parking structure with ramps								C
3000 Manufacturing and wholesale trade
	3100 Food, textiles and related products
		3110 Food and beverages								P	P
		3120 Tobacco manufacturing
		3130 Textiles								P	P
		3140 Leather and allied products
	3200 Wood, paper and printing products
		3210 Wood products establishment								P	P
		3220 Paper and printing materials								P	P
		3230 Furniture and related products								P	P
	3300 Chemicals, metals, machinery, and electronics manufacturing
		3310 Petroleum and coal products									P
		Refinery
		Asphalt
		3320 Chemicals, plastics and rubber products
		Medical/pharmaceutical								P	P
		Acid
		3330 Nonmetallic mineral products
		3340 Primary metal manufacturing								P	P
		3350 Machinery manufacturing									P
		3360 Electrical equipment, appliance and components								P	P
		3370 Transportation equipment, automobile, boats								P	P
	3400 Miscellaneous manufacturing
		3410 Jewelry and silverware
		3420 Dolls, toys, games, musical instruments
		3430 Office supplies, inks
		3440 Signs								P	P
	3500 Wholesale trade establishment
		3510 Durable goods								P	P
		Automobile auction								P	P
		3520 Nondurable goods (life expectancy < 3 years)								P	P
	3600 Warehouse and storage services
		Packaging and distribution									P
		Bulk petroleum storage
		S2710 Mini-warehouse								P
		Container storage								P
		S2720 High-rise mini-warehouse
		S2730 Warehouse structure								P	P
		Petroleum storage and loading								C	C
		Junkyard, salvage
4000 Transportation, Communication, Information and Utilities
	4100 Transportation services
		4110 Air transportation						C	C	P	P
		4120 Rail transportation								P	P
		4130 Road, ground passenger, and transit transportation								C
		4138 Towing service								P	P
		4140 Truck and freight transportation services
		4150 Marine and water transportation								P	P
		4160 Courier and messenger services						C	P
		4170 Postal services						C	P	P	C
		4180 Pipeline transportation									P
	4200 Communications and information
		4210 Publishing								P	P
		Printing								P	P
		4220 Motion pictures and sound recording studios						P	P	P	P
		4230 Telecommunications and broadcasting studios						C	P	P	P
		4240 Information services and data processing
		S6500 Communication towers	C	C	C	C	C	C	P	P	P
	4300 Utilities and utility services		C	C	C	C	C	C	C	P	P
		Private franchise utilities								P	P
		4310 Electric power								C	P
		4313 Nuclear power
		4340 Sewer, solid waste and related services								P	P
		Recycling drop-off								C	P
		4342 Hazardous waste treatment and disposal
		4343 Solid waste collection								P	P
		4344 Solid waste combustor or incinerator								P	P
		4345 Solid waste landfill
5000 Arts, Entertainment, and Recreation
	5100 Performing arts or supporting establishments
		S3110 Performance theater
		S3120 Movie theater
		S3140 Drive-in theater								C	C
	5110 Circus (temporary with permit)							P	P	P	P
	5140 Fairground/rodeo ground									C	C
	5200 Museums and other special purpose recreational institutions
		5210 Museum						C	C
		5220 Historical or archaeological institution
		5230 Zoos, botanical gardens, arboreta								C	C
	5300 Amusement, sports, or recreation establishment
	5300 Country club (driving range is accessory)				C	C	C	C	C
		Dance hall/nightclub							P
	5310 Amusement or theme park (indoor)								P
		Amusement or theme park (outdoor)								C
	5330 Bingo
		Casino								C	C
	5370 Fitness, recreational sports, gym, athletic club
		Athletic/health club facilities							C	P
		Community center (public or private)			P	P		C	C	C	C
		Driving range									P
		Golf course			P	P	C	C	C	C	C
		Gun club (indoor)								C	C
		Gun club (outdoor range)								C	C
		Miniature golf							P	C	C
		Sexually oriented businesses (See sec. 14-141)						P	P
		Swimming pools						C	C	P
		Swimming pool - private	A	A	A	A
		Youth sports leagues or teams
		S3200 Indoor games facility
		S3300 Sports stadium or arena								C	C
	5380 Bowling, billiards							P	P
	5380 Pool hall								P	P
	5390 Skating rink
	5400 Camps, camping, and related establishments
	5400 Day camp						C	C	C
	5500 Natural and other recreational parks				P	P	C	C	C	C	C
6000 Education, Public Administration, Health Care and Other Institutions
	6100 Educational services
		6100 Nursery and preschool			C	C	C	C	C	C	C
		6120 Grade schools			C	C		C	C	C
		6130 Colleges and universities			C	C		C	C	C
		6140 Technical, trade and other specialty schools								C
		6142 Business school					C	C	C	C
		6145 Fine art and performance education					C	C	C	C
		S4300 Library			C	C		C	C
	6200 Public administration - government
	6300 Other government functions (non-city offices)							C	C	P
	6400 Public safety
		6410 Fire and rescue					C	C	C	C	C
		6420 Police					C	C	C	C	C
		6430 Emergency response					C	C	C	C	C
	6500 Health and human services
		6510 Ambulatory or outpatient care services						C	C	P
		6510 Doctors offices and clinics						P	P	P
		6511 Ambulatory surgical centers or clinics							C	P
		Community health clinic							C
		6513 Medical and diagnostic laboratories						C	C	P	P
		6520 Nursing, supervision, and other rehabilitative services						C	C
		6530 Hospital							C
		Mental health hospital
		6560 Social assistance, welfare, and charitable services
		6561 Child and youth services
		6562 Child day care (up to 12 children)				C	C	C	C	C	C
		Day care center				C	C	C	C	C	C
		6563 Community food services						C	C
		6564 Emergency and relief services
		6565 Other family services						C
		6566 Services for elderly and disabled
		Adult day care
		6567 Veterans affairs
		6568 Vocational rehabilitation
	6600 Religious institutions				C	C		C	C	C
		Church affiliated daycare, on-site			A	A	A	A	A
	6700 Death care services							C	C	C
	6800 Associations, nonprofit organizations
		Fraternal organization						C	C	C	C
7000 Construction-Related Businesses
	7100 Building, developing, and general contracting								P	P	P
	7200 Machinery related
	7300 Special trade contractor										P
	7400 Heavy construction
8000 Mining and extraction establishments
	8100 Oil and natural gas
	8200 Metals
	8300 Coal
	8400 Non-metallic mining
	8500 Quarrying and stone cutting										C
9000 Agriculture, forestry, fishing, and hunting
	9100 Crop production
	9200 Support functions for agriculture
		S8100 Grain silos and other storage structures
		S8200 Livestock facility
		S8300 Animal feed operations facility
		S8400 Animal waste-handling facility
		S8500 Greenhouse
		S8600 Hatcheries
		S8700 Kennels and other canine related facilities
		S8800 Apiary and other related structures
	9300 Animal production including slaughter
	9400 Forestry and logging
	9500 Fishing, hunting and trapping, game preserves

 

(Ord. No. 24-11, § 1, 4-5-11; Ord. No. 37-12, § 1(Amd. 3), 5-1-12; Ord. No. 64-12, § 1, 9-4-12; Ord. No. 76-15, § 1(Att.), 11-3-15)

27-445-29 Commercial communication towers.

A.

Purpose. The purpose of these regulations is described as follows:

1.

Minimize the adverse effects and impact of towers through careful design, siting and screening;

2.

Conserve the value of adjacent land and buildings;

3.

Avoid potential damage to adjacent properties through engineering and careful siting of tower structures; and

4.

Maximize use of existing towers in order to reduce and minimize the number of towers needed.

B.

Approved tower locations (zoning districts). As defined herein, commercial communication towers are prohibited within any public right-of-way, utility easement or residential zoning districts unless granted by conditional use permit. Such uses are allowed by right within C-3, I-1 and I-2 zoning districts subject to applicable zoning restrictions, as well as the following restrictions set forth herein.

C.

Ownership. The proposed location for the tower must be large enough to accommodate the communications tower and support facilities, and must include access to a public right-of-way or accessible parking area. Purchase or ownership of a separate parcel may require platting and improvements before construction permits can be issued.

D.

Construction. In order to minimize visual impacts and possible damage that can result from the presence of such facilities, towers (including attached antennae) are limited to monopole construction and shall not exceed two hundred (200) feet in height. Compliance with all requirements of the city building code, including a licensed engineer's structural certification of the tower structure and foundation, must be demonstrated before a building permit will be issued.

E.

Setback. All commercial towers must meet the minimum setbacks for the zoning districts in which they are located. Additionally, commercial towers must be set back from any residential structure a number of feet equal to that distance stated by the tower manufacturer's registered structural engineer's determination of the maximum possible fall zone for the tower. The structural engineer shall be licensed in the state.

F.

Appearance. No lights, signals or illumination shall be permitted on any tower unless required by the Federal Communication Commission (FCC), Federal Aviation Administration (FAA), or other federal, state or city agency. No commercial advertising, signage or flags shall be allowed on any tower. This shall not prevent the joint use of a legal existing sign structure as a support mechanism for antennae or microwave dishes. Towers and accessory facilities must be colored or painted in muted tones that minimize their visibility, unless otherwise required by the FCC, FAA, or other federal, state or city agency.

G.

Site design. The area containing the monopole, accessory and support structures, and the immediate surrounding area utilized for servicing of the communication tower shall be secured by a minimum eight-foot chain-link fence. The area within the fence must be either paved or graveled and kept weed-free. Other than the street side of the site, any side that faces any residential use shall include opaque fencing or sufficient shrubs to screen the site. Any shrubbery provided will be planted and maintained within the next appropriate growing season. If security lighting is installed, such light should be directed into the site and only triggered by motion detectors.

H.

Co-location. To minimize tower proliferation, each applicant proposing to construct a commercial communication tower shall with the building permit or conditional use permit application submit a statement of the following in writing:

1.

Whether any tower or suitable structure exists, within the geographic area to be served by the proposed new tower, which meets the applicant's engineering requirements.

2.

Whether existing towers or suitable structures are of sufficient height to meet the applicant's engineering requirements;

3.

Whether existing towers or suitable structures have sufficient structural strength to support applicant's proposed antenna and related equipment;

4.

Whether the fees, cost, and/or contractual provisions required by the owner of an existing suitable site for co-location of the applicant's antenna are commercially reasonable; and

5.

Other significant limiting factors make existing towers or structures unsuitable for co-location of the proposed antenna.

The permit issuing agent of the city shall utilize the submitted information, together with other available information, to determine whether co-location may be waived and a new commercial communication tower be authorized for construction.

The decision of the agent of the city concerning co-location may be appealed to the planning commission. Any interested party may file an appeal provided that the appeal is filed with the planning commission by 5:00 p.m. on the tenth calendar day following the date of the decision by the agent. A fee in the amount established by the board of directors is required for filing an appeal.

Antennae may be placed wholly within or upon any building located within a commercial or industrial zoning district as permitted in subsection 27-445-29B or any publicly owned building, provided any supporting equipment is screened from nearby residential districts. A commercial antenna may be mounted to the exterior of such buildings if integrated into the overall architectural design of the building. Roof mounted antennae may not extend more than twenty (20) feet above the highest point of the roof structure, provided any supporting equipment is screened from nearby residential districts. A commercial antennae may be attached to any utility structure (such as a water tower or electrical transmission tower) or to a public building not located in a street right-of-way and owned by a government or public agency, provided that the antennae does not extend more than twenty (20) feet above the height of the structure, provided any supporting equipment is screened from nearby residential districts. At the time a building permit is issued, the planning department may notify all existing telecommunication providers of the opportunity for co-location. Notice of a desire to co-locate shall be given within sixty (60) days of the receipt of said notice.

27-445-30 Permits. Any owner or authorized agent who intends to use, convert, change or alter the use of land, buildings or structures shall first make application to the city administrator, or designated agents, of the city and obtain the required certificate of land use. The certificate of land use must first be obtained before the use, expansion, conversion, change or alteration can be used or occupied.

27-445-31 Adoption of land use plan. The land use map (May 6, 2003) for the extraterritorial jurisdiction area is hereby adopted by the board of directors. Three (3) copies have been and now are filed in the office of the clerk of the city.

27-445-32 ETJ Land Use/Zoning District Conversion Chart.

ETJ Land Use Classifications and Descriptions	Zoning District
Residential
LDR low density residential Residential development - consistent with the comprehensive plan and consistent with adjacent/surrounding uses. Shall be located where public utilities exist or expect to be expanded over the next twenty (20) years. Development of specific sites will depend upon the availability of utilities and the maintenance of an acceptable level of service of roads and other public facilities and services.	Rural residential (RR) Residential estate (RE) Residential single-family low density (RS-1)
Commercial
NC neighborhood commercial Commercial and service uses to serve the daily convenience needs of the surrounding residential neighborhood; small districts located within walking distance from the edge of surrounding residential areas	Commercial neighborhood compatible (C-1) Commercial light (C-2)
LCO light commercial office Locations beyond the central area of the city, primarily along arterial or major collector streets, which will accommodate offices or laboratories for professional persons and related uses	Commercial moderate (C-3)
Industrial
LI light industrial Light manufacturing, research technology, processing, storage, wholesaling, and distribution under high environmental performance standards. Commercial and service uses in support of industrial uses are also permitted.	Industrial light (I-1)
I industry Intended to primarily accommodate wholesale activities, processing, distribution, storage, and warehouse and industrial operations which may generate low levels of noise, odor, smoke, dust, or intense light	Industrial moderate (I-2)

 

27-445-32 Signs.

1.

Permitted signs in ETJ open, ETJ commercial, and ETJ industrial. The following types of signs are permitted for all permitted uses, conditional uses and nonresidential nonconforming uses in ETJ open, ETJ commercial or ETJ industrial zones:

a.

All free-standing signs shall not exceed one (1) square foot in area per linear foot of frontage with a maximum area not to exceed three hundred (300) square feet.

b.

All single face, façade (wall) signs are unlimited in size if placed directly on and are contained totally within the dimensions of the outside wall.

2.

General ETJ sign regulations.

a.

Signs shall not be erected or illuminated in such a manner as to obscure or otherwise interfere with an official traffic sign, signal or device, or to obstruct or otherwise interfere with a driver's view of approaching, merging or intersecting traffic.

b.

Signs shall not be erected which imitate or resemble any traffic sign, signal or device, or which are erected or maintained upon trees or painted or drawn upon rocks or natural features, or which are structurally unsafe or in disrepair.

c.

All signs occurring in the sight triangle: The sight triangle is described as the area delineated by a distance of twenty-five (25) feet along the intersecting property lines, beginning at the property corner point and extending said twenty-five (25) feet in both directions away from the corner point of intersection and then connecting the terminus points by a line to form the triangular area. A clearance of at least twelve (12) feet to the bottom of the sign shall be maintained, except for not more than two (2) supportive posts which are not more than sixteen (16) inches in width or diameter. To determine if there is a clearance of at least twelve (12) feet, the measurement shall be from the elevation of the center of the lower street to the bottom of the sign.

d.

No flashing signs shall occur in or over any building setbacks or public rights-of-way.

e.

No sign base or support shall be erected in a public right-of-way.

f.

It shall be a violation of this division for any person to place or cause or be placed any sign on any property within the ETJ without first obtaining a certificate of land use from the planning and zoning department.

(Ord. No. 19-12, § 2, 3-6-12)