Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.
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ARTICLE 5. ------------
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
USE UNITS*
| Adult daycare | Dormitory |
| Art gallery | Gold course |
| Auditorium | Museum |
| Bed and breakfast | Nursery school |
| Campground | Residential care facility |
| Childcare center | Tennis court |
| Country club or lodge | Theater, legitimate |
| Cultural and recreational facility | Water recreation area |
| Day camp | Zoo |
| City or county jail | Museum |
| College, university | Park |
| Community center | Playfield |
| Courts of law | Playground |
| Detention facility other than jail | Police station |
| Fire station | Post office |
| Governmental agencies and office | School, K-12 |
| Hospital or convalescent home | Vocational/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 agency | Optician, optometrist |
| Computer service | Photocopying |
| Data processing service | Professional offices |
| Dental clinic | Reading rooms |
| Detective service | Real estate sales office |
| Drafting service | Studio for teaching any of the fine arts |
| Employment agency | Veterinarian 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 penny | Motel |
| Athletic facility, indoor | Motion picture theater |
| Auditorium, commercial | Night club |
| Billiard and pool parlor | Private club or lodge |
| Bowling alley | Restaurant providing dancing and/or entertainment |
| Dance hall | Skating rink |
| Drive-in restaurant | Tavern |
| Hotel | Theater, indoor |
| Membership lodge |
| Antique shop | Dry-cleaning service |
| Architects and artists supplies | Dry-cleaning, retail |
| Auto parking garage | Florist |
| Bakery, retail | Food specialties store |
| Barber and beauty shop | Grocery, retail |
| Bicycle shop | Health club |
| Blue printing | Health food store |
| Book store | Interior decorating |
| Business machines, sales | Jewelry |
| Camera shop | Laundry, retail |
| Catering service | Laundry, coin-operated |
| China, glassware, retail | Medical and optical supplies, sales |
| Clothing, retail | News and magazine stand |
| Computer sales and service | Office furnishings, sales |
| Convenience store without gas pumps | Pet shop |
| Costume rental service | Printing |
| Curtains, draperies, retail | Scientific instruments, sales |
| Dairy products, retail | Stationery store |
| Delicatessen | Tailoring |
| Dental supplies, sales | Ticket office; transportation and entertainment |
| Drug store | Watch and jewelry repair |
| Appliances, retail | Locksmith |
| Convenience store, with gas pumps | Mail order establishment |
| Department store | Music instruments, retail |
| Electronics repair | Paint and wallpaper |
| Electronics sales | Photo finishing, retail |
| Express service | Picture framing |
| Floor covering, retail | Railway depot |
| Fur apparel | Record and tape shop |
| Furniture, retail | Reducing salon |
| Garden supply, retail | Shoe store |
| Grocery, retail | Sign painting service |
| Gun smith | Sporting goods, retail |
| Hardware store | Super markets |
| Hobby shop | Tool and equipment rental (indoor storage) |
| Home furnishings | |
| Leather goods and luggage, retail |
| Animal hospital | Linen supply and industrial laundry |
| Armature rewinding | Lumber sales |
| Auctioneer | Machine shop |
| Building material establishment | Medical and orthopedic appliances |
| Cabinet maker | Merchandise vending machine |
| Contract construction services | Monument sales, including processing operations |
| Contractor's office and warehouse | Packing and crating services |
| Direct selling, general merchandise | Parcel delivery service |
| Disinfecting and exterminating services | Photographer |
| Electrical repair service | Plumbing supplies |
| Electrical supply | Plumbing, electrical, air condition and heating shops |
| Equipment supplies and repair | Reupholstery |
| Farm supplies (feed store) | Rug cleaning and repair sales |
| Funeral home, crematorium | Self storage facilities |
| Furniture repair | Taxidermist |
| Glass sales | Tool sharpening |
| Heating and air conditioning equipment sales | Trucking establishments |
| Institutional furniture and furnishings | Vending 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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