Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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Sec. 112-10. Tandem lots.

Tandem lots may be developed only on appeal to the planning commission as a conditional use. The development of one tandem lot behind another tandem lot is discouraged and may be granted only under mitigating circumstances by specific action of the planning commission.

The following procedures shall be followed before a conditional use for a tandem lot may be granted:

(1) Written notification. A written application for a conditional use for a tandem lot along with a plat shall be submitted to the planning director with a fee, as determined by resolution of the city council, to cover costs of public notices and other expenses.

a. The application shall contain the following information:

1. The name, address and phone number of the applicant/record title holder.

2. The property location and zoning classification.

3. The name of the record title holder of the property, along with a copy of the warranty deed.

4. The legal description and street address of the property involved.

5. The names and addresses of all adjacent property owners of the property subject to the tandem lot.

6. Evidence in the form of a signed affidavit, that notice has been given to all adjacent property owners. The applicant shall be responsible for providing such notice by certified mail, return receipt requested, to the last known address of such record owner(s).

7. The required affidavit and supporting exhibits (Mailing receipts, list of adjacent property owners of record and copy of notice) shall be filed with the planning office no later than seven days prior to the meeting.

b. The plat must be submitted through the technical review process before submission to the planning commission and must include following information:

1. The name, address and phone number of the record title holder of the property.

2. The boundary and legal description of the entire parcel; the boundary and legal description for each lot to be created; a north arrow; and a graphic scale. The scale of the plat must be one inch equals one hundred feet (1" = 100') or larger on a maximum sheet size of twenty-four inches by thirty-six inches (24" 36"). The planning and community development director or his/her designated representative may approve other sizes and scale in special cases.

3. A vicinity map generally locating arterial streets, highways, section lines, railroads, schools, parks and other significant community facilities.

4. The dimensions of adjacent lots or parcels.

5. The location of the proposed access easement.

6. The plat should indicate the dedications of sufficient right-of-way to conform with the right-of-way requirements of the master street plan

(2) Notice and public hearings. An application for conditional use for a tandem lot shall be noted on the published agenda of the next regularly scheduled planning commission meeting, at which time a public hearing shall be held by the planning commission on the proposed conditional use for a tandem lot, after:

a. A notice has been published in a newspaper of general circulation in the city at least one time 15 days prior to the public hearing, which notice sets forth the time and place of such hearing and the conditional use proposed.

b. The adjacent property owners subject to the tandem lot have been notified by certified mail, return receipt requested, at least ten days prior to said hearing by the applicant and an affidavit and supporting exhibits are filed with the planning office no later than seven days prior to the hearing.

c. The city has posted at least one or more, where deemed necessary for adequate notice, conspicuous sign(s) on the property subject a conditional use hearing at least ten days prior to said hearing. Each sign shall be no smaller than two feet by three feet (2' 3') and shall contain the words CONDITIONAL USE HEARING ON THIS PROPERTY, printed in bold block letters, black on a white background, a minimum of three inches high, with a copy of the public notice concerning the conditional use application placed on the sign in a clear waterproof enclosure.

d. The applicant or their agents designated in writing must be present at the public hearing. Any decisions made by the designated agent shall be binding on the landowner.

Before any tandem lot is approved, the planning commission shall determine at the public hearing that:

(1) The tandem lot development will not significantly reduce property values in the area. In determining whether property values will be significantly reduced, the planning commission shall consider the size of nearby lots in comparison with the proposed tandem lot or lots.

(2) The terrain of the area in which the tandem lot is proposed is such that subdivision of said area into a standard block in accordance with the city's subdivision regulations is not feasible.

(3) The tandem lot, in areas zoned residential, will have access to a public street or an approved private street by an access easement with a minimum width of 25 feet. In districts zoned commercial or industrial, the planning commission shall have the discretion to require an access easement in excess of 25 feet as the planning commission determines is sufficient and necessary for the reasonable ingress and egress of traffic and public safety, including emergency and service vehicles, installation of all utilities, and required setbacks. The private drive contained in the access easement shall be paved in its entirety. There shall be five feet between the back of the curb on each side of the paved drive and the outside boundary of the easement. All tandem lot owners shall be responsible for maintaining the access easement so that all vehicles have safe access to the structure located on the lot. The tandem lot owners shall have title to, or a perpetual easement for the access easement.

(4) The safety zone between the access easement of the tandem lot and any adjacent driveway will not be less than the minimum distance between curb cuts as specified in Article 5, Section 1, (H) of Chapter 130 (Zoning Ordinance) of the Springdale Code of Ordinances, off-site parking requirements.

(5) The tandem lot, excluding the access easement, will conform to the minimum lot width and lot area requirements of the zoning district in which it is located. Lot area calculations to determine whether a tandem lot meets minimum lot area requirements shall not include any portions of the lot having less than the required minimum width. No structure shall be placed on any portion of a tandem lot having less than the required minimum width.

After a tandem lot is approved, the applicant shall comply with the provisions of section 112-3(d), informal plat.

(Ord. No. 2185, § I, 5-11-93; Ord. No. 2307, § I, 7-12-94; Ord. No. 2744, § 2, 5-13-97; Ord. No. 3011, § 1, 9-12-00)

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