Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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Sec. 3. Commercial districts.

3.1 General purpose. The commercial districts, established by this chapter, are designed to promote and protect the health, safety, convenience, order, prosperity and other aspects of the general welfare. These goals include among others, the following more specific purposes:

(1) To promote the most desirable use of land and direction of building development types, to promote the stability of commercial development, to strengthen the economic base of the city, to protect the character of the districts and their peculiar suitability for particular uses and to conserve the value of land and buildings.

(2) To provide sufficient space, at appropriate locations and in proximity to established residential areas, for local retail and service trades catering specifically to the recurring shopping needs of the occupants of nearby residences.

(3) To protect both retail and service developments and nearby residences against congestion, by regulating the intensity of retail and service developments consistent with their marketing functions, by restricting those type of establishments which generate heavy traffic, and by providing for off-street parking and loading facilities.

(4) To provide sufficient and appropriate space, and in particular, sufficient area, to met the city's anticipated future need for modern, planned commercial developments in central shopping districts, regional, community and neighborhood shopping centers.

(5) To provide off-street parking space in conjunction with the development of commercial areas, and to encourage commercial establishments to concentrate in integrated planned developments to the mutual advantage of both consumers and merchants.

(6) To provide appropriate locations for transitional uses separating commercial developments and residential areas, and thereby alleviating the frictions inherent between dissimilar activities.

3.2 O-1--Neighborhood office district.

PURPOSE.

The O-1 neighborhood office district is designed to provide for an orderly conversion of older structures that are no longer useful, serviceable or desirable in their present uses to office use. It anticipates that office uses will be located in established areas of the city and in close proximity to apartments and other residential uses with limits to a maximum structure size of five thousand (5,000) square feet. New construction designed to reinforce existing desirable characteristics of the neighborhood and not detrimental to the continued use of surrounding properties for residential purposes may also be accommodated in this district.

USES PERMITTED.

Unit 1, city-wide public uses by right.

Unit 8, single family dwellings.

Unit 10, townhouse.

Unit 11, duplexes.

Unit 16, offices, studios and related services.

Unit 28, home occupation.

Unit 29, home office.

CONDITIONAL USES PERMISSIBLE ON APPEAL TO THE PLANNING COMMISSION.

Unit 2, city-wide uses by conditional use permit.

Unit 3, utility facilities.

Unit 9, zero lot line.

Unit 27, parking lot.

Unit 40, temporary classrooms.

ACCESSORY USES

The following accessory structures and land uses shall be permitted only where clearly incidental to the permitted primary use, except as otherwise permitted herein:

a. Accessory buildings, including private garages, storage facilities and children's playhouses as set for in article 6, subsection 2.7 of this chapter.

b. Private greenhouses and horticultural collections.

c. Flower and vegetable gardens.

d. Swimming pools, tennis courts and similar recreation facilities.

SITE PLAN REVIEW.

When a conditional use is proposed in an O-1 district a site plan review shall be required. See article 2, section 13 of this chapter for the procedure and requirements of a site plan review.

HEIGHT REGULATIONS.

No building hereafter erected or structurally altered shall exceed two (2) stories.

AREA REGULATIONS.

a. Residential uses.

(1) Lot area. There shall be a lot area of not less than seven thousand (7,000) square feet for a single family dwelling and twelve thousand (12,000) square feet for a duplex. In addition, there shall be a minimum lot width of not less than sixty (60) feet on a public street at the front setback line for a single family dwelling, and seventy (70) feet on a public street at the front setback line for a duplex.

(2) Front setback. There shall be a front setback having a depth of not less than thirty (30) feet. In keeping with the definition of a corner lot, all sides adjacent to streets shall be required to have front setbacks of thirty (30) feet.

(3) Side setback. There shall be a side setback on each side of the building having a width of not less than ten (10) feet. The side setback shall be subject to applicable fire and building codes.

(4) Rear setback. There shall be a rear setback having a depth of not less than twenty (20) feet.

b. Office uses.

SETBACKS.

Front setback . . . . 30'

Front setback if parking is allowed between R-O-W and the building . . . . 50'

Side setback (subject to applicable fire and building codes) . . . . 10'

Side setback when contiguous to a residential district . . . . 20'

Rear setback . . . . 20'

GREENSPACE.

Each developed lot (non residential use only) shall provide and maintain:

1. A landscaped buffer, not less than ten (10) feet wide, along the front property line. When adjacent to the property line of a residential use a five (5) foot landscaped area and a six (6) foot opaque screen shall be required.

2. Landscaping, including grass, shrubs and trees, and without structure or pavement, of a minimum of ten (10) percent of the total surface area of the lot or development.

OFF-STREET PARKING.

See article 7 of this chapter.

3.3 C-1--Neighborhood commercial district.

PURPOSE.

The C-1 neighborhood commercial district is designed to accommodate limited retail developments within or adjacent to neighborhood areas for the purpose of supplying daily household needs of the residents for food, drugs and personal services. Commercial uses within this district should not depend on market areas larger than the neighborhood served. The district may also be used in conjunction with existing commercial developments as an extension of such established commercial district. The C-1 district shall generally be located at arterial or collector street intersections and within walking distance of residential areas.

DEVELOPMENT CRITERIA.

1. Developments shall be designed to accommodate between one (1) to fifteen (15) stores on a site not more than five (5) acres in size.

2. Maximum gross leasable area of five thousand (5,000) square feet per establishment, except that one (1) establishment may have not more than ten thousand (10,000) square feet.

USES PERMITTED.

Unit 1, city-wide public uses by right.

Unit 4, cultural, recreational and health facilities.

Unit 16, offices, studios and related services.

Unit 17, eating places.

Unit 19, neighborhood shopping goods.

Unit 27, parking lot.

CONDITIONAL USES PERMISSIBLE ON APPEAL TO THE PLANNING COMMISSION.

Unit 2, city-wide uses by conditional use permit.

Unit 3, utility facilities.

Unit 8, single family dwellings.

Unit 28, home occupation.

Unit 29, home office.

Unit 40, temporary classrooms.

Unit 44, mobile vending site.

ACCESSORY USES.

See article 6 subsection 3.1 of this chapter.

SITE PLAN REVIEW.

When a conditional use is proposed in a C-1 district, except for home occupation a site plan review shall be required. See article 2, section 13 of this chapter for the procedure and requirements of a site plan review.

HEIGHT REGULATIONS.

There shall be no maximum height limits in C-1 district; provided, however, that any building which exceeds the height of twenty (20) feet shall be set back from any boundary line of any residential district a distance of one (1) foot for each foot of height in excess of twenty (20) feet.

AREA REGULATIONS.

SETBACKS.

Front setback . . . . 30'

Front setback if parking is allowed between R-O-W and the building . . . . 50'

Side setback (subject to applicable fire and building codes) . . . . 0

Side setback when contiguous to a residential district . . . . 20'

Rear setback . . . . 20'

GREENSPACE.

Each developed lot shall provide and maintain:

1. A landscaped buffer, not less than ten (10) feet wide, along the front property line. When adjacent to the property line of a residential use a five (5) foot landscaped area and a six (6) foot opaque screen shall be required.

2. Landscaping, including grass, shrubs and trees, and without structure or pavement, of a minimum of ten (10) percent of the total surface area of the lot or development.

OFF-STREET PARKING.

See article 7 of this chapter.

3.4 C-2--General commercial district.

PURPOSE.

The C-2 general commercial district is established in order to be a broader range of retail uses, which comprise the commercial function of the city including groupings of freestanding commercial structures. Permitted uses include most types of retail activity except those involving open displays of merchandise and those which generate large volumes of vehicular traffic or are otherwise incompatible with the purpose and intent of the C-2 general commercial district. Retail areas zoned C-2 shall be generally concentrated as to geographical configuration. It is anticipated, however, that in some situations, change to another commercial or office classification may be appropriate to permit the transition of strip retail areas to other productive forms of land use. It is the intent of these regulations that the C-2 district be concentrated at the intersections of arterial streets. Extension of the district along major arterial streets in linear fashion shall be discouraged.

USES PERMITTED.

Unit 1, city-wide public uses by right.

Unit 4, cultural, recreational and health facilities.

Unit 16, offices, studios and related services.

Unit 17, eating places.

Unit 19, neighborhood shopping goods.

Unit 20, shopping goods.

Unit 21, trades and services.

Unit 22, automotive services.

Unit 27, parking lot.

Unit 32, temporary buildings.

Unit 35, transportation services.

CONDITIONAL USES PERMISSIBLE ON APPEAL TO THE PLANNING COMMISSION.

Unit 2, city-wide uses by conditional use permit.

Unit 3, utility facilities.

Unit 31, recycling collection facilities.

Unit 33, self-supporting tower or antenna structure or monopole.

Unit 40, temporary classrooms.

Unit 42, church/synagogue.

Unit 44, mobile vending site.

ACCESSORY USES

See article 6, subsection 3.1 of this chapter.

SITE PLAN REVIEW.

When a conditional use is proposed in a C-2 district a site plan review shall be required. See article 2, section 13 of this chapter for the procedure and requirements of a site plan review.

HEIGHT REGULATIONS.

There shall be no maximum height limits in C-3 district; provided, however, that any building which exceeds the height of twenty (20) feet shall be set back from any boundary line of any residential district a distance of one (1) foot for each foot of height in excess of twenty (20) feet.

AREA REGULATIONS.

SETBACKS.

Front setback . . . . 30'

Front setback if parking is allowed between R-O-W and the building . . . . 50'

Side setback (subject to applicable fire and building codes) . . . . 0

Side setback when contiguous to a residential district . . . . 20'

Rear setback . . . . 20'

GREENSPACE.

Each developed lot shall provide and maintain:

1. A landscaped buffer, not less than ten (10) feet wide, along the front property line. When adjacent to the property line of a residential use a five (5) foot landscaped area and a six (6) foot opaque screen shall be required.

2. Landscaping, including grass, shrubs and trees, and without structure or pavement, of a minimum of ten (10) percent of the total surface area of the lot or development.

OFF-STREET PARKING.

See article 7 of this chapter.

3.5 C-3--Downtown district.

PURPOSE.

The central commercial district is designed to accommodate the commercial and related uses commonly found in the central business district which provide a wide range of retail and personal service uses.

USES PERMITTED.

Unit 1, city-wide uses by right.

Unit 4, cultural, recreational and health facilities.

Unit 5, institutional facilities.

Unit 12, multi-family dwellings--high density.

Unit 13, three and four family residential.

Unit 16, offices, studios and related services.

Unit 17, eating places.

Unit 18, hotel, motel and entertainment facilities.

Unit 19, neighborhood shopping goods.

Unit 20, shopping goods.

Unit 22, automotive services.

Unit 27, parking lot.

Unit 28, home occupation.

Unit 29, home office.

Unit 32, temporary buildings.

Unit 42, church/synagogue.

CONDITIONAL USES PERMISSIBLE ON APPEAL TO THE PLANNING COMMISSION.

Unit 2, city-wide uses by conditional permit.

Unit 3, utility facilities.

Unit 21, trades and services.

Unit 33, self-supporting tower or antenna structure or monopole.

Unit 37, auction houses.

Unit 40, temporary classrooms.

ACCESSORY USES.

See article 6, subsection 3.1 of this chapter.

SITE PLAN REVIEW.

When a proposal is made to develop a conditional use in the C-3 district, a site plan review shall be required. See article 2, section 13 of this chapter for the procedure and requirements of a site plan review.

BULK AND AREA REGULATIONS.

Setback lines shall meet the following minimum requirements:

Feet

From front property line . . . . 5

From street R-O-W if parking is allowed between R-O-W and building . . . . 50

From side property line . . . . 0

From side property line when contiguous to a residential district . . . . 10

From back property line . . . . 15

Multi-family dwellings shall meet the bulk and area regulations of the MF-12 district.

HEIGHT REGULATIONS.

There shall be no maximum height limits in C-3 district; provided, however, that any building which exceeds the height of thirty-five (35) feet shall be set back from any boundary line of any residential district a distance of one (1) foot for each foot of height in excess of thirty-five (35) feet.

OFF-STREET PARKING.

See article 7 of this chapter.

3.6 C-4--Planned commercial district.

PURPOSE.

The C-4 planned commercial district is established in order to provide for well-designed neighborhood community and regional scale shopping facilities in appropriate locations. Such developments are intended to serve the broad commercial needs of the community and shall be laid out and developed as a unit according to an approved plan. Inasmuch as the C-4 district will frequently be situated in close proximity to residential development, building setback, screening and other development criteria are included to achieve a compatible relationship between the retail development and adjacent residential areas. It is anticipated that the C-4 district will be utilized where retail areas are needed to serve developing residential communities.

DEVELOPMENT CRITERIA.

1. All properties shall be contiguous and shall be totally developed under a unified site plan submitted to and adopted by the planning commission.

2. All commercial uses shall be restricted to closed buildings, except parking lots and the normal pump island services of service station operations.

USES PERMITTED.

Unit 1, city-wide public uses by right.

Unit 4, cultural, recreational and health facilities.

Unit 16, offices, studios and related services.

Unit 17, eating places.

Unit 18, hotel, motel and entertainment facilities.

Unit 19, neighborhood shopping goods.

Unit 20, shopping goods.

Unit 21, trades and services.

Unit 22, automotive services.

Unit 27, parking lot.

Unit 32, temporary buildings.

Unit 35, transportation services.

CONDITIONAL USES PERMISSIBLE ON APPEAL TO THE PLANNING COMMISSION.

Unit 2, city-wide uses by conditional use permit.

Unit 3, utility facilities.

Unit 12, high density residential.

Unit 23, commercial large site.

Unit 24, dedicated warehousing.

Unit 37, auction houses.

Unit 40, temporary classrooms.

ACCESSORY USES.

See article 6, subsection 3.1 of this chapter.

SITE PLAN REVIEW.

When a conditional use is proposed in a C-4 district a site plan review shall be required. See article 2, section 13 of this chapter for the procedure and requirements of a site plan review.

HEIGHT REGULATIONS.

There shall be no maximum height limits in C-4 district; provided, however, that any building which exceeds the height of twenty (20) feet shall be set back from any boundary line of any residential district a distance of one (1) foot for each foot of height in excess of twenty (20) feet.

AREA REGULATIONS.

SETBACKS.

Front setback . . . . 30'

Front setback if parking is allowed between R-O-W and the building . . . . 50'

Side setback (subject to applicable fire and building codes) . . . . 0

Side setback when contiguous to a residential district . . . . 20'

Rear setback . . . . 20'

GREENSPACE.

Each developed lot shall provide and maintain:

1. A landscaped buffer, not less than ten (10) feet wide, along the front property line. When adjacent to the property line of a residential use a five (5) foot landscaped area and a six (6) foot opaque screen shall be required.

2. Landscaping, including grass, shrubs and trees, and without structure or pavement, of a minimum of ten (10) percent of the total surface area of the lot or development.

OFF-STREET PARKING.

See article 7 of this chapter.

3.7 Thoroughfare commercial district.

PURPOSE.

The C-5 thoroughfare commercial district is established in order to provide adequate locations for retail uses which serve the needs of the motoring public and are characterized by a high level of vehicular ingress and egress. Among these uses are transient sleeping accommodations, and eating and drinking establishments. Such uses are not generally compatible with pedestrian-oriented commercial districts and shopping centers since they tend to obstruct and interfere with pedestrian movement. Appropriate locations for this district are along heavily traveled major traffic arterials.

USES PERMITTED.

Unit 1, city-wide public uses by right.

Unit 4, cultural, recreational and health facilities.

Unit 5, institutional facilities.

Unit 16, offices, studios and related services.

Unit 17, eating places.

Unit 18, hotel, motel and entertainment facilities.

Unit 19, neighborhood shopping goods.

Unit 20, shopping goods.

Unit 21, trades and services.

Unit 27, parking lot.

Unit 37, auction houses.

Unit 38, open display retail sales.

Unit 42, church/synagogue.

CONDITIONAL USES PERMISSIBLE ON APPEAL TO THE PLANNING COMMISSION.

Unit 2, city-wide uses by conditional use permit.

Unit 3, utility facilities.

Unit 24, dedicated warehousing.

Unit 30, recreational vehicle park.

Unit 31, recycling collection facilities.

Unit 33, self-supporting tower, antenna structure or monopole.

Unit 35, transportation services.

Unit 40, temporary classrooms.

Unit 44, mobile vending site.

TEMPORARY USES.

Unit 32, temporary buildings.

ACCESSORY USES.

See article 6 subsection 3.1 of this chapter.

SITE PLAN REVIEW.

When a conditional use is proposed in a C-5 district a site plan review shall be required. See article 2, section 13 of this chapter for the procedure and requirements of a site plan review.

HEIGHT REGULATIONS.

There shall be no maximum height limits in C-5 district; provided, however, that any building which exceeds the height of twenty (20) feet shall be set back from any boundary line of any residential district a distance of one (1) foot for each foot of height in excess of twenty (20) feet.

AREA REGULATIONS.

There shall be a minimum lot area of fourteen thousand (14,000) square feet. In addition, there shall be a lot width of not less than one hundred (100) feet.

SETBACKS.

Front setback . . . . 30'

Front setback if parking is allowed between R-O-W and the building . . . . 50'

Side setback (subject to applicable fire and building codes) . . . . 0

Side setback when contiguous to a residential district . . . . 20'

Rear setback . . . . 20'

GREENSPACE.

Each developed lot shall provide and maintain:

1. A landscaped buffer, not less than ten (10) feet wide, along the front property line. When adjacent to the property line of a residential use a five (5) foot landscaped area and a six (6) foot opaque screen shall be required.

2. Landscaping, including grass, shrubs and trees, and without structure or pavement, of a minimum of ten (10) percent of the total surface area of the lot or development.

OFF-STREET PARKING.

See article 7 of this chapter.

3.8 C-6--Large product retail sales district.

PURPOSE.

The C-6 open display district is established in order to provide adequate locations for retail uses which serve the needs of the motoring public and are characterized by a high level of vehicular ingress and egress. Among these uses are automobile and other vehicular service establishments. The C-6 district is also intended to provide a location for the limited amount of merchandise, equipment and material being offered for retail sale that, because of the type of material or transportation requirements, is suitable for display and storage outside the confines of an enclosed building. Such uses are not generally compatible with pedestrian-oriented commercial districts and shopping centers since they tend to obstruct and interfere with pedestrian movement. Appropriate locations for this district are along heavily traveled major traffic arterials.

DEVELOPMENT CRITERIA.

1. All yards unoccupied by buildings or merchandise or used as traffic ways shall be landscaped with grass and shrubs and maintained in an orderly condition.

2. All of the lot used for the parking of vehicles, for the storage and display of merchandise shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.

3. All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building.

4. No article or material stored or offered for sale in connection with the permitted or conditional uses listed herein shall be stored or displayed outside the confines of the building unless it is so screened by a permanent opaque screening fence or wall so that is cannot be seen from an adjoining lot. The following screening and display criteria shall apply to uses located in the C-6 open display district:

a. Except as provided in use unit 43: Automobile sale--Damaged vehicles, automobile, truck, tractor, mobile home, boat or motorcycle sales areas are not required to screen fully assembled merchandise that is ready for sale.

b. No permanent open display will be permitted on sidewalks, or public right-of-way.

c. Automobile service stations shall be permitted open display of merchandise commonly sold by such operations as long as the area of said display is not taller than the building nor larger than an area equal to one half of the facade areas of the front of the building.

d. Automobile service stations may be used for the storage of rental trucks or trailers, provided, however, the storage space shall be paved, shall not exceed four thousand (4,000) square feet in area and the above screening requirements are met.

[5]1. There shall be no open display of any kind whatsoever in the first twenty (20) feet of the required front yard setback.

USES PERMITTED.

Unit 1, city-wide public uses by right.

Unit 22, automotive services.

Unit 27, parking lot.

Unit 41, automobile sales.

Unit 48. Automotive, machinery and equipment open display retail sales.

CONDITIONAL USES PERMISSIBLE ON APPEAL TO THE PLANNING COMMISSION.

Unit 2, city-wide uses by conditional use permit.

Unit 3, utility facilities.

Unit 23, commercial large sites.

Unit 33, self-supporting tower, antenna structure or monopole.

Unit 43, automobile sales--Damaged vehicles.

Unit 44, mobile vending site.

TEMPORARY USES.

Unit 32, temporary buildings.

ACCESSORY USES.

See article 6 subsection 3.1 of this chapter.

SITE PLAN REVIEW.

When a conditional use is proposed in a C-6 district a site plan review shall be required. See article 2, section 13 of this chapter for the procedure and requirements of a site plan review.

HEIGHT REGULATIONS.

There shall be no maximum height limits in C-5 district; provided, however, that any building which exceeds the height of twenty (20) feet shall be set back from any boundary line of any residential district a distance of one (1) foot for each foot of height in excess of twenty (20) feet.

AREA REGULATIONS.

There shall be a minimum lot area of fourteen thousand (14,000) square feet. In addition, there shall be a lot width of not less than one hundred (100) feet.

SETBACKS.

Front setback . . . . 30'

Front setback if parking is allowed between R-O-W and the building . . . . 50'

Side setback (subject to applicable fire and building codes) . . . . 0

Side setback when contiguous to a residential district . . . . 20'

Rear setback . . . . 20'

GREENSPACE.

Each developed lot shall provide and maintain:

1. A landscaped buffer, not less than ten (10) feet wide, along the front property line. When adjacent to the property line of a residential use a five (5) foot landscaped area and a six (6) foot opaque screen shall be required.

2. Landscaping, including grass, shrubs and trees, and without structure or pavement, of a minimum of ten (10) percent of the total surface area of the lot or development.

OFF-STREET PARKING.

See article 7 of this chapter.

(Ord. No. 3307, 3-25-03; Ord. No. 3436, § 1, 1-13-04; Ord. No. 3497, § 1, 4-27-04; Ord. No. 3498, § 1, 4-27-04; Ord. No. 3499, § 1, 4-27-04; Ord. No. 3533, § 1, 7-13-04; Ord. No. 3634, § 1, 1-25-05; Ord. No. 3677, § 1, 5-10-05; Ord. No. 3694, § 1, 6-14-05; Ord. No. 3695, § 1, 6-14-05; Ord. No. 3771, § 2, 10-11-05; Ord. No. 3849, §§ 1--3, 3-14-06; Ord. No. 3860, § 1, 3-14-06; Ord. No. 3915, §§ 1--3, 6-27-06; Ord. No. 4024, § 11, 2-13-07; Ord. No. 4166, § 1, 2-12-08; Ord. No. 4168, § 1, 2-12-08)

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