Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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ARTICLE 5.
USE UNITS*

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Editor's note--Ord. No. 3374, § 1, adopted September 9, 2003, amended article 5 in its entirety to read as herein set out. Formerly, article 5 pertained to similar subject matter and derived from Ord. No. 3307, adopted March 25, 2003.

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Sec. 1. Use units established.

The various use units referred to in the zoning district provisions are listed in numerical order. Each use unit provides a description of the uses which are permissible within each unit. In general, these descriptions indicate industry types.

(Ord. No. 3374, § 1, 9-9-03)

Sec. 2. Interpretation of use units.

In any case where there is a question as to whether or not a particular use is included in a particular use unit, the planning and community development director shall decide. Any person or persons aggrieved by the decision of the planning and community development director may appeal the decision to the board of adjustment for final interpretation.

(Ord. No. 3374, § 1, 9-9-03)

Sec. 3. Use units designated.

Unit 1, citywide public uses by right

Unit 2, citywide uses by conditional use permit

Unit 3, utility facilities

Unit 4, cultural, recreation and health facilities

Unit 5, institutional facilities

Unit 6, agriculture

Unit 7, animal husbandry

Unit 8, single-family dwellings

Unit 9, zero lot line

Unit 10, townhouse

Unit 11, duplexes

Unit 12, high density residential

Unit 13, three and four family residential

Unit 14, medium density single family affordable housing (SF4)

Unit 15, manufactured home park

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 23, commercial large sites

Unit 24, dedicated warehousing

Unit 25, limited manufacturing

Unit 26, general industrial

Unit 27, parking lot

Unit 28, home occupation

Unit 29, home office

Unit 30, recreational vehicle park

Unit 31, recycling collection facilities

Unit 32, temporary buildings

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

Unit 34, model home/temporary marketing office

Unit 35, transportation services

Unit 36, horses kept in residential areas

Unit 37, auction houses

Unit 38, open display retail sales

Unit 39, temporary storage units

Unit 40, temporary classrooms

Unit 41, automobile sales

Unit 42, church synagogue

Unit 43, automobile sale--Damaged vehicles

Unit 44, mobile vending site

(Ord. No. 3423, § 2, 12-9-03; Ord. No. 3771, § 2, 10-11-05; Ord. No. 4024, § 12, 2-13-07)

Sec. 4. Unit 1: Citywide public uses by right.

Public uses, essential public services, open land uses, and similar uses, which are subject to public controls. These uses include:

Public facilities recommended by the comprehensive plan

Essential services located within the public rights-of-way

Water facilities including reservoirs and flood control projects

Specific uses:

Fire station

Historical marker

Park area

Parkway

Police station

Watershed, conservation of flood control project

(Ord. No. 3374, § 1, 9-9-03)

Sec. 5. Unit 2: Citywide uses by conditional use permit.

Public and private uses which may be conducted anywhere in the territorial jurisdiction, but which can be objectionable to nearby uses due to noise or smell and are, therefore, permitted subject to conditional use permits in all districts.

Specific uses:

Airport, flying fields and heliport

Cemetery, mausoleum

Circus and tent revival, temporary

Nursery, landscaping, horticultural and plant

Public transportation facilities

Real estate sales office, temporary

Recycling center

Sanitary landfill

Sewage disposal facility

Solid waste disposal facility

(Ord. No. 3374, § 1, 9-9-03)

Sec. 6. Unit 3: Utility facilities.

Public protection and utility equipment which: (a) is ordinarily not located in street right-of-way and can be significantly objectionable to nearby residential, commercial, and light industrial uses; and (b) have requirements for specific locations or are needed to serve residential neighborhoods or other local areas. These uses include facilities of public service corporations other than offices.

Specific uses:

Facilities of public service corporations

Electric regulating station

Pressure control station

Transmitting station or tower, radio, telephone, television

Other utility and protective facilities

Airway beacon

Electric regulating station

Fire protection

Police protection

Public utility maintenance building, warehouse, or storage building

Water treatment plant, storage facility

Wastewater treatment pumping stations

Railroad rights-of-way

Communication and utility transmission line rights-of-way

(Ord. No. 3374, § 1, 9-9-03)

Sec. 7. Unit 4: Cultural, recreational and health facilities.

Cultural, recreational and health facilities which serve the residents of the community. These uses are typically public in nature but may also be private.

Included uses:

Cultural and recreational facilities typical of public and private parks

Community health facilities/hospitals

Specific uses:
Adult daycareDormitory
Art galleryGold course
AuditoriumMuseum
Bed and breakfastNursery school
CampgroundResidential care facility
Childcare centerTennis court
Country club or lodgeTheater, legitimate
Cultural and recreational facilityWater recreation area
Day campZoo

(Ord. No. 3374, § 1, 9-9-03)

Sec. 8. Unit 5: Institutional facilities.

Main facilities of local, state or federal government agencies, including educational facilities ranging from nursery school to universities and including dormitories, stadiums and other supporting facilities.

Specific uses:
City or county jailMuseum
College, universityPark
Community centerPlayfield
Courts of lawPlayground
Detention facility other than jailPolice station
Fire stationPost office
Governmental agencies and officeSchool, K-12
Hospital or convalescent homeVocational/technical school
Library

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 3532, § 2, 7-13-02)

Sec. 9. Unit 6: Agriculture.

Establishments (farms, orchards, greenhouses, nurseries, etc.) primarily engaged in the production of crops, plants, vines and trees. Also included are crop preparation services which are primarily engaged in performing a variety of operations on crops subsequent to their harvest, with the intent of preparing them for market or further manufacture. The open nature of these areas is also appropriate for cemeteries and related support facilities. Not included are types of animal husbandry as detailed in Unit 7.

Specific uses:

Cemetery, mausoleum

Crematorium

Farm, crop, egg and truck

Landscape, horticulture and plant nursery

Sorting and packing of fruit and vegetables

(Ord. No. 3374, § 1, 9-9-03)

Sec. 10. Unit 7: Animal husbandry.

Establishments (farms, ranches, dairies, feedlots, egg production facilities, broiler facilities, poultry hatcheries) primarily engaged in the keeping, grazing or feeding of livestock for the sale of livestock or livestock products. Also included are veterinary and other animal services. Recreational uses include riding stables and rodeo grounds. These uses are ordinarily objectionable to other uses and require, therefore, a buffer strip when abutting any commercial or residential district.

Specific uses:

Animal and poultry raising

Animal hospital

Farm: show, breeding, raising and training of animals

Riding stable

Rodeo ground

Veterinarians' treatment area

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 4024, § 13, 2-13-07)

Sec. 11. Unit 8: Single-family dwellings.

Single-family detached dwellings located in appropriate residential areas.

(Ord. No. 3374, § 1, 9-9-03)

Sec. 12. Unit 9: Zero lot line.

Single family residences which have a zero lot line lot configuration.

Common wall/lot guidelines for zero lot line configurations.

Zero lot line--the wall of the dwelling located on the zero lot line shall have no windows, doors, air-conditioning units, or any other type of openings; provided, however, that, atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three (3) walls of the dwelling unit and a solid wall of at least eight (8) feet in height is provided on the zero lot line. Said wall shall be constructed of the same material as exterior walls of the unit.

In no case shall a zero lot line dwelling be built closer than eight (8) feet from the lot line of a lot not approved for zero lot line development.

A five (5) foot wall maintenance/improvement/drainage easement shall be provided on the lot adjacent to the zero lot line property, which, with the exception of walls and fences, shall be kept clear of structures. The easement shall be shown on the final plat. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four (24) inches, but the roof shall be so designed that water runoff from the dwelling placed on the lot line is contained within the easement area. Roofs pitched in the direction of the zero lot line shall be guttered.

(Ord. No. 3374, § 1, 9-9-03)

Sec. 13. Unit 10: Townhouse.

Single family residences which have either a townhouse design or a condominium ownership regime.

Common wall/lot guidelines for townhouse configurations.

Townhouse--Units shall be constructed up to common side lot lines without side yards, and no windows, doors, or other openings shall face a side lot line except that the outside wall of end units may contain such openings. However, where a two-story townhouse adjoins a single-story townhouse, windows may be installed in the second-story wall of the two-story townhouse.

Lots shall be a minimum of forty (40) feet in width when adjacent to or across the street from an R-1, low density residential district or existing single family residences.

Common open space guidelines.

Common open space is not required but may be permitted for the above configurations. If common open space is provided, provisions satisfactory to the planning commission shall be made to assure that non-public areas and facilities, including private streets and parking areas, for the common use of the property owners within a townhouse development, shall be maintained in a satisfactory manner, without expense to the general taxpayers of Springdale, Arkansas. The final protective covenants and property owner's association agreement, which shall include such maintenance provisions, shall be submitted with the final plat and shall be approved by the city attorney as to the form and legal sufficiency, and shall be recorded in the public records of the county. The book and page of the recorded document shall be indicated on the final plat.

Private street requirements.

Private streets may be allowed in these residential developments but shall be constructed in accordance with the requirements of Chapter 110, Article III (Street and Storm Drainage Construction) of the Springdale Code of Ordinances, with the exception that the width shall not be less than twenty-four (24) feet between the faces of the curbs. The right-of-way for a private street shall be a minimum of forty (40) feet. Private streets shall not be included in any minimum yard requirements for townhouses.

(Ord. No. 3374, § 1, 9-9-03)

Sec. 14. Unit 11: Duplexes.

A detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families.

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 3771, § 1, 10-11-05)

Sec. 15. Unit 12: High density residential.

Units of two (2) or more dwelling units which have been grouped separately to allow high density residential development. However, lower density dwelling units, such as two, three or four family dwellings are also allowed.

(Ord. No. 3374, § 1, 9-9-03)

Sec. 16. Unit 13: Three and four family residential.

Units of three or four dwelling units

(Ord. No. 3374, § 1, 9-9-03)

Sec. 17. Unit 14: Medium density single family affordable housing (SF4).

The use of single-family residential manufactured homes as defined in this regulation, and/or site built single family residential dwellings, allowing one (1) family per unit. Subject also to article 6, section 2.11.

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 3423, § 2, 12-9-03; Ord. No. 4024, § 14, 2-13-07)

Sec. 18. Unit 15: Manufactured home park.

Separate use of mobile and manufactured home parks, in order that they may be located in appropriate residential areas.

(Ord. No. 3374, § 1, 9-9-03)

Sec. 19. Unit 16: Offices, studios and related services.

Offices, studios, medical and dental clinics and labs, and other compatible or supporting business services and sales

Specific uses:
Advertising agencyOptician, optometrist
Computer servicePhotocopying
Data processing serviceProfessional offices
Dental clinicReading rooms
Detective serviceReal estate sales office
Drafting serviceStudio for teaching any of the fine arts
Employment agencyVeterinarian clinic, small animal with no outdoor kennels
Financial institution
Medical clinic
Offices

(Ord. No. 3374, § 1, 9-9-03)

Sec. 20. Unit 17: Eating places.

Eating places, other than drive-ins, which do not provide dancing or entertainment.

(Ord. No. 3374, § 1, 9-9-03)

Sec. 21. Unit 18: Hotel, motel and entertainment facilities.

Athletic facilities, hotels, motels and certain types of entertainment facilities including restaurants providing dancing, taverns, clubs and lodges.

Specific uses:
Arcade, video or pennyMotel
Athletic facility, indoorMotion picture theater
Auditorium, commercialNight club
Billiard and pool parlorPrivate club or lodge
Bowling alleyRestaurant providing dancing and/or entertainment
Dance hallSkating rink
Drive-in restaurantTavern
HotelTheater, indoor
Membership lodge

(Ord. No. 3374, § 1, 9-9-03)

Sec. 22. Unit 19: Neighborhood shopping goods.

Establishments providing a variety of frequently purchased commercial goods, where convenience of location is more important than comparative shopping with size of the facility and traffic generation to be considered. These uses are grouped in order that limited commercial uses be permitted adjacent to residential areas. Uses include retail food and drug stores, dry-cleaning and coin-operated laundries, and convenience stores.

Specific uses:
Antique shopDry-cleaning service
Architects and artists suppliesDry-cleaning, retail
Auto parking garageFlorist
Bakery, retailFood specialties store
Barber and beauty shopGrocery, retail
Bicycle shopHealth club
Blue printingHealth food store
Book storeInterior decorating
Business machines, salesJewelry
Camera shopLaundry, retail
Catering serviceLaundry, coin-operated
China, glassware, retailMedical and optical supplies, sales
Clothing, retailNews and magazine stand
Computer sales and serviceOffice furnishings, sales
Convenience store without gas pumpsPet shop
Costume rental servicePrinting
Curtains, draperies, retailScientific instruments, sales
Dairy products, retailStationery store
DelicatessenTailoring
Dental supplies, salesTicket office; transportation and entertainment
Drug storeWatch and jewelry repair

(Ord. No. 3374, § 1, 9-9-03)

Sec. 23. Unit 20: Shopping goods.

Stores selling retail goods, which are ordinarily purchased less frequently and often have a community-wide or regional market. These uses include building materials, hardware, lawn and garden supply, department, variety and general merchandise stores, apparel and accessory stores, furniture, home furnishings and equipment stores. Included are also personal services and transportation services including bus and taxi.
Appliances, retailLocksmith
Convenience store, with gas pumpsMail order establishment
Department storeMusic instruments, retail
Electronics repairPaint and wallpaper
Electronics salesPhoto finishing, retail
Express servicePicture framing
Floor covering, retailRailway depot
Fur apparelRecord and tape shop
Furniture, retailReducing salon
Garden supply, retailShoe store
Grocery, retailSign painting service
Gun smithSporting goods, retail
Hardware storeSuper markets
Hobby shopTool and equipment rental (indoor storage)
Home furnishings
Leather goods and luggage, retail

(Ord. No. 3374, § 1, 9-9-03)

Sec. 24. Unit 21: Trades and services.

Establishments engaged primarily in providing household maintenance and similar services which fulfill recurrent needs of residents of nearby areas, but are generally incompatible with primary retail districts because they break the continuity of retail frontage.
Animal hospitalLinen supply and industrial laundry
Armature rewindingLumber sales
AuctioneerMachine shop
Building material establishmentMedical and orthopedic appliances
Cabinet makerMerchandise vending machine
Contract construction servicesMonument sales, including processing operations
Contractor's office and warehousePacking and crating services
Direct selling, general merchandiseParcel delivery service
Disinfecting and exterminating servicesPhotographer
Electrical repair servicePlumbing supplies
Electrical supplyPlumbing, electrical, air condition and heating shops
Equipment supplies and repairReupholstery
Farm supplies (feed store)Rug cleaning and repair sales
Funeral home, crematoriumSelf storage facilities
Furniture repairTaxidermist
Glass salesTool sharpening
Heating and air conditioning equipment salesTrucking establishments
Institutional furniture and furnishingsVending machine service and supply
Janitorial supply
Laundry service

(Ord. No. 3374, § 1, 9-9-03)

Sec. 25. Unit 22: Automotive services.

Automobile service stations can be significantly objectionable to nearby uses, therefore, such establishments have been allowed only in districts where necessary to provide this use.

Specific uses:

Auto accessory shop

Auto detail shop

Auto glass, muffler shop

Auto paint or body rebuilding shop

Auto parts and accessories

Auto repair garage

Automobile service station

Car wash

Parking garage

(Ord. No. 3374, § 1, 9-9-03)

Sec. 26. Unit 23: Commercial, large sites.

Commercial facilities, which are usually operated out-of-doors, on large sites, in undeveloped, outlying parts of the city. Uses in this unit have an adverse effect on certain other uses, in that they are often noisy and generate large amounts of traffic. These uses include fairgrounds, amusement parks, go-cart tracks and drive-in theaters. Due to extreme noise levels, racetracks, drag strips and similar facilities are not included.

Specific uses:

Amusement park

Convenience store, with or without gas pumps

Driving range

Drive-in theater

Fairgrounds

Go-cart track

Miniature golf

Rifle range

Skate board parks

(Ord. No. 3374, § 1, 9-9-03)

Sec. 27. Unit 24: Dedicated warehousing.

Warehousing establishments or places of business primarily for the storage of goods and materials.

Warehouses

Wholesale establishments

(Ord. No. 3374, § 1, 9-9-03)

Sec. 28. Unit 25: Limited manufacturing.

Industrial uses, which usually generate limited environmental impact. Generally these uses involve the assembly, fabrication, packaging and processing of previously prepared materials. These uses include fabricated metal products, fabricated structural products, extruded plastics and textile products.

Specific uses:

Amusements manufacturing

Athletic goods manufacturing

Bottle gas distributor

Extruded plastics manufacturing

Fabricated wire products manufacturing

Fire-control equipment manufacturing

Fuel dealer and fuel oil sales

Guns and related equipment manufacturing

Hardware products manufacturing

Heating and air-conditioning apparatus, fabricated

Ice manufacturing

Machinery manufacturing

Musical instruments manufacturing

Scientific research, testing or experimental albs

Silverware manufacturing

Sporting goods manufacturing

Transportation equipment manufacturing

(Ord. No. 3374, § 1, 9-9-03)

Sec. 29. Unit 26: General industrial.

Uses which cause the greatest adverse environmental effects because of odor, noise, unsightliness and/or air pollution. Many of these uses involve the processing of raw materials. Permitted uses include all industrial uses not otherwise listed, subject to approval by the building inspector as an industrial use.

Specific uses:

Agricultural products processing

Foundry and metal works

Grain elevator or feed meal

Metal cans manufacturing

Other industrial uses not prohibited

Plated ware manufacturing

Sawmill

Tanks manufacturing

Textile products manufacturing

Toys manufacturing

Prohibited uses:

Animal fats and oils rendering

Vehicle and equipment salvage

Explosives manufacture and storage

Junk yards

Scrap metal and refuse collection or processing other than as a part of a solid waste management plan in which the city participates

Petroleum refining or storage other than wholesale distribution facilities in tanks lots

Ore reduction

Slaughter house

Smelting

Tire dumps in excess of 2,500 cubic feet

(Ord. No. 3374, § 1, 9-9-03)

Sec. 30. Unit 27: Parking lot.

The use of a plot of ground or parcel of real estate as a parking lot facility for the parking of vehicles used by customers and employees of businesses.

(Ord. No. 3374, § 1, 9-9-03)

Sec. 31. Unit 28: Home occupation.

Permitted accessory use of a dwelling or gainful employment customarily carried on entirely within the residential dwelling, which is clearly incidental and secondary to the principal use of the structure for residential dwelling purposes by the occupants of the residence. Additional requirements are stipulated in article 6, section 2.8.

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 4024, § 15, 2-13-07)

Sec. 32. Unit 29: Home office.

A home office of convenience, as opposed to a home occupation, is allowable as an accessory use in a dwelling unit. A home office of convenience is defined as an office use where the resident occupant conducts no business other than by telephone or mail, where no person employed by the resident, and where an office is needed for the purpose of sending and receiving mail, telephone calls, maintaining records, and other similar functions. It is further the intent to regulate the operation of a home office of convenience so that the average neighbor will be unaware of its existence.

(Ord. No. 3374, § 1, 9-9-03)

Sec. 33. Unit 30: Recreational vehicle park.

Recreation vehicle park provides for the development of sites for temporary occupancy by recreational vehicles. These parks are for the use of the general public for temporary recreation or vacation purposes and not for permanent or long term living as provided by mobile home parks. Additional requirements are stipulated in Article 6, Section 3.13.

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 4024, § 16, 2-13-07)

Sec. 34. Unit 31: Recycling collection facilities.

The collection and temporary storage of recyclable material, provided that such storage be totally enclosed indoors or, if outdoors, maintained at all times within trailers or bin containers. The processing of recyclable materials is only allowed within an indoor facility. Offices for the collecting or recycling processing facility are allowed. The landowner or operator shall be responsible for preventing any accumulation of recyclable materials or trash outside of buildings or trailer or bin containers. Screening fences shall be required.

(Ord. No. 3374, § 1, 9-9-03)

Sec. 35. Unit 32: Temporary buildings and/or storage.

Temporary buildings to be used for the same purposes a permanent structure may be used for once the permanent structure is completed on the property.

(Ord. No. 3374, § 1, 9-9-03)

Sec. 36. Unit 33: Self-supporting tower or antenna structure or monopole.

Telecommunication towers that are dedicated structures for mounting transmitter equipment and antennas that are necessary for providing the full range of wireless or mobile services to the community. They can vary in their design and may include panel antennas mounted on and painted to match existing buildings, communications equipment housed in an architecturally integrated tower element in a shopping center, roof-top antennas screened with walls, and freestanding pole antennas screened by landscaping. They vary widely in height, depending on factors such as the number and types of wireless services used by the site, the coverage area of the transmitters, the local topography, soil types and other environmental factors. It is required that a permit be issued in compliance with the requirements of Article 6, Section 3.14 of these regulations.

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 4024, § 17, 2-13-07)

Sec. 37. Unit 34: Model home/temporary marketing office.

Model home/temporary marketing office to be located within a residential subdivision, and for the model home to be used as temporary office but only for the purpose of promoting the marketing of the subdivision in which it is located.

(Ord. No. 3374, § 1, 9-9-03)

Sec. 38. Unit 35: Transportation services.

Establishments primarily engaged in furnishing local and suburban passenger transportation including taxicabs, ambulance service, passenger bus station and terminal, transportation charter service, nonprofit transit services and school buses.

(Ord. No. 3374, § 1, 9-9-03)

Sec. 39. Unit 36: Horses kept in residential areas.

Keeping of horses in residential areas for the recreational use of the owner/occupant of the residence subject to Article 6, Section 2.13.

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 4024, § 18, 2-13-07)

Sec. 40. Unit 37: Auction houses.

Places where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in conjunction with each other with all activities taking place at a specified location. Use Unit 37 shall be considered a conditional use on appeal in an Agricultural District (A-1). The granting of a conditional use for an auction house is nontransferable and shall only be valid for the applicant and location for which it is issued.

(Ord. No. 3374, § 1, 9-9-03)

Sec. 41. Unit 38: Open display retail sales.

Retail uses which serve the needs of the motoring public and are characterized by a high level of vehicular ingress and egress and because of the type of material or transportation requirements requires display and store outside the confines of an enclosed building. Such uses are not generally compatible with pedestrian-oriented commercial districts and shopping centers.

Specific uses:

Automobile, truck, tractor, mobile home, boat or motorcycle sales or rental areas

Building material sales

Hauling and storage company

Landscape service

Lawn and garden center, enclosed

Lawn and garden center, open display

Lumberyard

Machinery sales and service

Plumbing, electrical, air conditional and heating shops

Swimming pool sale and supply

Tool and equipment rental (with outside display)

(Ord. No. 3374, § 1, 9-9-03)

Sec. 42. Unit 39: Temporary storage units.

Storage facilities that is mobile. A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period. Temporary storage units do not involve the construction or alteration of any permanent building or structure.

Retail uses which serve the needs of the motoring public and are characterized by a high level of vehicular ingress and egress and because of the type of material or transportation requirements requires display and store outside the confines of an enclosed building. Such uses are not generally compatible with pedestrian-oriented commercial districts and shopping centers.

Specific uses:

Automobile, truck, tractor, mobile home, boat or motorcycle sales or rental areas

Building material sales

Hauling and storage company

Landscape service

Lawn and garden center, enclosed

Lawn and garden center, open display

Lumberyard

Machinery sales and service

Plumbing, electrical, air conditional and heating shops

Swimming pool sale and supply

Tool and equipment rental (with outside display)

(Ord. No. 3374, § 1, 9-9-03)

Sec. 43. Unit 40: Temporary classrooms.

The addition of temporary or portable classrooms to public, private or denominational schools that are modular or prefabricated structures and established for a period of time not to exceed two (2) years with the intent to discontinue such use upon the expiration of the time period and removal of the structure from the site. Temporary classrooms do not involve the construction or alteration of any permanent building or structure.

In addition, it shall be necessary for all units to meet the following requirements:

1. Zoning district regulations;

2. All building codes of the city; and

3. Be secured to a permanent masonry or concrete foundation.

(Ord. No. 3436, § 1, 1-13-04; Ord. No. 3438, § 1, 1-13-04)

Sec. 44. Unit 41: Automobile sales.

The use of any building, land area, or other premises for the display and sale of new and used automobiles generally but may include light trucks, vans or sport utility vehicles and including vehicle preparation, not to include auto repair or painting. Specifically excluded from this use unit are vehicles which have sustained damage in an amount equal to or exceeding seventy (70) percent of their average retail value, or vehicles that have been issued a certificate of title, pursuant to A.C.A. § 27-14-2302, which indicates that the vehicle is a damaged vehicle.

(Ord. No. 3496, § 1, 4-27-04; Ord. No. 3633, § 1, 1-25-05)

Sec. 45. Unit 42: Church/synagogue.

A building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.

(Ord. No. 3532, § 1, 7-13-04)

Editor's note--Ord. No. 3532, § 1, adopted July 13, 2004, set out provisions intended for use as Art. 5, § 44 [Unit 41]. At the editor's discretion, inasmuch as a § 44 [Unit 41] already existed, these provisions have been included as § 45 [Unit 42].

Sec. 46. Unit 43: Automobile sales--Damaged vehicles.

The use of any building, land area, or other premises for the display and sale of any new or used automobile that has sustained damage in an amount equal to or exceeding seventy (70) percent of its average retail value, or the sale of any vehicle that has been issued a certificate of title, pursuant to A.C.A. § 27-14-2302, which indicates that the vehicle is a damaged vehicle. Any such vehicle which has ten (10) percent or more surface damage shall be screened from public view. Specifically excluded from this use unit are auto repair and painting.

(Ord. No. 3633, § 1, 1-25-05)

Sec. 47. Unit 44: Mobile vending site.

Subject to Article 6, Section 3.16, the use of any parking lot, land area, or other premises by a motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand or other device designed to be portable and not permanently attached to the ground which is used to sell goods, wares, merchandise or food. Specifically excluded from this use unit are persons vending from a motor vehicle who visit multiple private property sites on a daily basis for no more than one (1) hour per site and who have obtained a business license from the city. Also specifically excluded from this use unit are temporary open-air enterprises, which are regulated by Article 6, Section 3.5.

(Ord. No. 3914, § 1, 6-27-06)

Sec. 48. Unit 45: Health care clinic.

An establishment where patients are admitted for examination and treatment on an outpatient basis, whether public or private, principally engaged in providing services for health maintenance and the treatment of physical conditions where patients are not usually lodged overnight.

Include:

Outpatient clinics;

Physical therapy;

Sports medicine and rehabilitation centers;

Public health centers;

Diagnostic centers;

Treatment centers.

Permitted Use in the following zoning districts: O-1, C-1, C-2, C-3, C-4, C-5, PUD.

Conditional Use on Appeal to the Planning Commission and City Council in the following zoning districts: A-1, SF-1, SF-2, SF-3, SF-4, MF-2, MF-3, MF-4, MF-12, MF-16, MF-24, P-1.

(Ord. No. 4030, § 1, 2-13-07)

Sec. 49. Unit 46: Flea market, indoor.

A market with all activities to be contained within a structure that differs from other retail stores or shopping centers in that spaces or booths are leased and there are no long-term leases between the sellers and owners or lessors of the site. The conversion of a structure for use as an indoor flea market will be subject to large scale development plan review to ensure compliance with Commercial Design Standards, appropriate circulation, safety, and off street parking, lighting, landscaping, signage, and trash storage.

Permitted Use in C-2, C-4, C-5.

Conditional Use on Appeal in C-1, C-3.

(Ord. No. 4068, § 1, 6-26-07)

Sec. 50. Unit 47: Flea market, outdoor.

A periodic market held on an established schedule, such as on weekends and holidays. Activities may be conducted both within a structure and outdoors or all activities conducted outdoors or in sheds. An outdoor flea market differs from other open display commercial operations in that spaces or booths are leased and there are no long-term leases between the sellers and owners or lessors of the site. An outdoor flea market will be subject to the provision as outlined in Article 6, Section 3.17 and the submission of a large scale development plan review and the to ensure appropriate circulation, safety, and off street parking, lighting, landscaping, signage, and trash storage.

Conditional Use: C-2, C-5.

(Ord. No. 4068, § 1, 6-26-07)

Sec. 51. Unit 48: Automotive, machinery, and equipment open display retail sales.

Automotive and equipment retail uses which serve the needs of the motoring public and are characterized by a high level of vehicular ingress and egress and because of the type of material or transportation requirements requires display and store outside the confines of an enclosed building. Such uses are not generally compatible with pedestrian-oriented commercial districts and shopping centers.

Specific uses:

Automobile, light truck sales and rental.

Hauling and storage company.

Heavy Equipment sales and rental.

Landscape service.

Machinery sales and service.

Marine equipment, boat sales or rental.

Mobile home sales or rental.

Motorcycle sales or rental areas.

Recreational vehicle, trailer sales and rental.

Semi tractor trailer sales and rental.

Swimming pool sale and supply.

Tool and equipment rental (with outside display).

Permitted Use in C-6.

(Ord. No. 4167, § 1, 2-12-08)

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