Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.
Previous heading / Next heading / Table of Contents
__________
| Front | Rear | Side with openings | Side without openings | |
| Front | 40 | 35 | 30 | 20 |
| Rear | 35 | 40 | 30 | 20 |
| Side with openings | 30 | 30 | 16 | 14 |
| Side without openings | 20 | 20 | 14 | 12 |
2. The appropriate distance shall be determined by the relative orientation of the buildings with respect to each other.
3. Any setback from the rear lot line as originally platted shall be considered as a rear yard without regard to the orientation of the building concerned.
4. Any setback from a side lot as originally platted shall be determined by the orientation of the building concerned, e.g. if the building backs up to the side lot line, the setback shall be one for a rear yard.
5. Definitions. For the purpose of these regulations, certain terms used herein are defined as follows:
Front: The building face acting as the principal access and/or identification by address.
Rear: The building face opposite the front of the building.
Side: The building face which connects the front and rear of the building.
2.5 Nonresidential uses in residential districts. The following requirements apply to charitable, cultural, educational, recreation, health, institutional, religious, social, and similar nonresidential facilities where permitted in a residential district. The planning commission may reduce these requirements after receiving and reviewing a site plan under the provisions of article 2, section 13.
Separation of structures or areas for uses listed herein from the nearest other property in a residential district or the street right-of-way if adjacent to a street, shall be as follows:
| Outdoor facilities or uses | Minimum Separation (feet) | |
| Picnic area | 50 | |
| Outdoor activity or sports area without spectator facilities | 75 | |
| Outdoor lighted area and lighted sports area without spectator facilities | 100 | |
| Outdoor spectator facilities and swimming pool | 200 | |
| Outdoor air-conditioning tower or condensing unit | 50 | |
| All indoor facilities | 50 | |
2.6 Ground-mounted satellite television signal receiver dishes. Such dishes may not be located in the front yard of residential property and may be placed in the rear yard.
2.7 Accessory structures. Accessory structures and uses shall be subject to the applicable use conditions set forth in this article.
A. General conditions.
1. Permanent structures.
a. Located on the rear two-thirds (2/3) of the lot, but limitation shall not apply to carports, and garages provided that the required front yard is observed.
b. Shall be located in accordance with adopted fire codes from any existing dwelling or dwelling under construction and all setback requirements.
c. Shall not exceed sixteen (16) feet height.
2. Portable structures.
a. May not exceed two hundred (200) square feet.
b. Not allowed in the front yard or side yard. On a corner lot, it may be located in one side yard.
c. May be placed within the setbacks and/or utility easement as long as the structure is on skids and moveable with the understanding by the property owner that should work be required in the easement the structure will be moved at the owner's expense.
d. Cannot be connected to any utilities.
e. Shall not exceed ten (10) feet in height.
B. Multi-family districts. Permitted accessory uses in multi-family districts shall include accessory commercial uses of the types included in use unit 16 and 17 provided that such uses:
1. Are located entirely within a multi-family dwelling or office building as an accessory use for the convenience of the occupants of said building.
2. Do not occupy more than ten (10) percent of the gross floor area of the building in which located and must have access only through the interior of the structure with the exception of a service entrance;
3. Have no signs or other advertising visible from outside the lot on which located;
C. Manufactured home park. In a manufactured home park containing at least one hundred (100) improved manufactured home spaces there may be provided accessory commercial uses for the convenience of the residents of the development, provided that:
1. All such uses are operated within an enclosed structure.
2. The gross floor area of such accessory uses shall not exceed twenty-five (25) square feet for each manufactured home space in the park.
3. No such structure shall be closer than thirty (30) feet to any property in a residential district outside the development.
D. Single family. Permitted accessory uses in commercial districts shall include accessory residential uses, provided that such uses:
1. Are limited to single family residences.
2. Are occupied by the owner or operator of the business on premises.
2.8 Home occupation. Home occupations, as allowed by this section, are intended to be clean, quiet, non-obtrusive activities operated on a limited basis and would be incidental to the residential character of those areas.
Legally established businesses, occupations or professions which have been granted a conditional use at the time of the effective date of these regulations in a residential structure may be continued until it is abandoned for a period of twelve (12) months. Provided that this shall not be construed to approve continuation of any activity constituting a common law nuisance, or activity prohibited by the statutes or ordinance applicable to the area.
No activity, which requires a home occupation conditional use, shall be conducted prior to issuance of the conditional use.
A. Permitted home occupations. The following are permitted home occupations:
1. Dressmaking, sewing and tailoring.
2. Painting, sculpturing or writing (artistic endeavors).
3. Telephone answering service or radio monitoring services.
4. Home crafts such as model making, rug weaving and lapidary work.
5. Tutoring limited to two (2) students at a time.
6. Music instruction limited to two (2) students at a time.
7. Catering, no food preparation on premises.
8. Computer programming.
9. Personal or home care products marketing.
10. Day care family home:
a. This use may be located in a single-family home, occupied by the caregiver.
b. Must be operated within licensing procedures established by the state.
c. The use is limited to ten (10) children including the caregivers.
d. The minimum to qualify for home occupation permit is six (6) children from households other than the caregivers.
B. Criteria for approval by planning commission. Home occupation shall be permitted only if it complies with all of the following:
1. No alteration of the outside appearance of the residential structure or provision of a separate outside entrance for the business areas of the residential structure.
2. No outside storage of materials required for the operation of the business.
3. Operated only by the resident members of the household and shall not have any employees, concessionaires or any other form of operator or helper whether such business is conducted on the premises or off the premises.
4. Requires the use of an area no greater than thirty (30) percent of the total heated living space of the residential structure.
5. Generates no traffic, parking, and sewage or water use in excess of what is normal in the residential neighborhood.
6. Will not produce any fumes, odors, noise or any other offensive effects that are not normal to residential activity.
7. Will not involve accessory buildings.
8. Stock in trade shall not exceed ten (10) percent of the floor area of the accessory use.
9. Will not require the construction of a duplicate kitchen, or the addition to the existing kitchen.
10. Will not require or cause the consumption on the premises of any food product produced thereon.
11. Will not provide medical treatment, therapeutic massage or similar activities.
C. License. All home occupations are required to obtain a home occupation license in accordance with the licensing requirements of the city. Such license shall not be issued until the conditional use has been approved in writing by the planning commission according to the requirements of this article and article 2, section 12. Licenses shall expire on March 31, annually.
A home occupation license as approved and issued is non-transferable, it shall only be valid for the applicant, occupation and residence for which it is issued. Said license shall expire immediately if the conditional use is revoked.
Notice and hearing procedures of this article are not required annually for renewal of said license, so long as there have been no changes in the home occupation or violations of this chapter.
D. Revocation of license. A home occupation license shall be subject to cancellation in the event of any noncompliance with or violation of any provisions of this ordinance according to procedures set out in article 2, section 12 of this chapter.
Violations should be reported to the city clerk's office in writing in accordance with article 9 of this chapter.
E. Exemptions from the requirement of this section.
(a) Child-care and babysitting uses not required to be licensed by the state.
(b) Foster-family child care as accessory use.
(c) Room and board as accessory use.
2.9 Daycare/family home. All such establishments, including home occupation, shall be located on lots which:
A. Meet the minimum standards as determined by the state department of human services.
B. Where any such use is located on a lot abutting an agricultural or residential district and where any part of such use lies within fifty (50) feet of such district boundary line, the planning commission shall consider its impact on the surrounding area to determine the need for a screening wall and if the planning commission determines that such screening wall must be provided it shall meet the conditions as set forth in chapter 56 of this Code.
2.10 Reserved.
Editor's note--Ord. No. 4001, § 1, adopted Jan. 9, 2007, repealed § 2.10, which pertained to parking and storage of certain vehicles. The user's attention is directed to §§ 114-57--114-59.
2.11 Manufactured housing appearance standards.
(A) Structural additions or alteration. Due to its integral design, the building inspector of the city must approve any structural modification of a manufactured or mobile home after it is placed on the site. All structural additions shall comply with the adopted building code(s).
(B) Exterior appearance standards. Manufactured homes shall be compatible and similar in appearance with site-constructed residences, in that they shall:
1. Have more than five hundred seventy-six (576) square feet of occupied space;
2. Have a minimum width and length of at least twenty-four (24) feet.
3. Be placed onto a permanent foundation system, (piers, bearing walls, etc.) in accordance with adopted building codes, which will transfer loads from the structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil, in accordance with adopted building code.
4. Be anchored to the permanent foundation system in accordance with the adopted building code and to the manufacturer's specifications.
5. Set onto an excavated area with permanent perimeter walls constructed of block, brick or stone with foundations, footings or crawl space or basement walls constructed in accordance with the adopted building code. The space between the floor joists of the home and the excavated under floor grade shall be completely enclosed with the permanent perimeter enclosure (except for required openings).
6. Have wheels, axles and hitch mechanisms removed.
7. Have utilities connected in accordance with applicable city codes or manufacturer's specifications, whichever is more restrictive.
8. Have siding material of a type customarily used on site-constructed residences; excluding smooth, ribbed or corrugated metal or plastic panels.
9. Have pitched roofs and roofing material of a type customarily used on site-constructed residences.
10. Have off street parking for two (2) automobiles.
2.12 Model home/temporary marketing office standards. A model home/temporary marketing office may be permitted as a temporary use in the designated zoning districts upon submission of an application to the planning office and approval by the planning commission. The model home/temporary marketing office must conform to the height and yard requirements of the zone in which it is to be placed and there shall be no exterior alterations made to the structure. Driveways and sidewalks are to be constructed in conformance with city standards; garages may be used as temporary offices or display space with temporary walls constructed inside the garage door.
A. Application procedure.
1. An application must be filed in the planning office containing the following information:
a. The name, address and phone number of the applicant.
b. Verification in the form of a current business license or similar document that the applicant has an established office at a location other than the location for the temporary permit.
c. Legal description and street address of the location of the model home/temporary marketing office.
d. Indication that the model home/temporary marketing office will be operated for promotional purposes only and the proposed hours of operation. Hours of operation are subject to the approval of the planning commission.
e. The zoning classification of the property.
f. The applicant should be present at the meeting in order to answer questions the commission members or interested parties may have. If the applicant is unable to attend, written authorization from the applicant stipulating a designated representative must be presented to the commission for the matter to be considered. Any decisions made by the designated agent shall be binding on the applicant.
2. The filing fee for a temporary permit and an extension shall be fifty dollars ($50.00) each.
B. Permit. The temporary permit shall be for one year; and may be renewed for an additional year upon submission of documentation to the planning director indicating the number of lots remaining to be marketed.
C. Removal. The temporary office shall be closed and the model home shall be discontinued as a model home on or before the termination date set forth in item (b), above, or after three (3) months following the sale all lots owned or being marketed by the applicant in the subdivision other than the model homes. Interior garage walls must be removed and normal garage use must be restored. All signs must be removed and all yard-landscaping areas restored.
D. Signs. One yard sign, not to exceed the size requirements for real estate signs in chapter 98 of this Code, indicating "model home" may be displayed adjacent to the street right-of-way line. One additional sign may be located within a landscaped area, subject to presentation and approval of a drawing by the planning commission.
E. For the purpose of item C., "subdivision" means all land included within a plat submitted to the city.
2.13 Horses kept in residential areas. Horses kept in residential areas, as allowed by this section, are intended to be clean, odor free, quiet, non-obtrusive additions to a residential neighborhood for the recreational enjoyment of the property owner/occupant.
Horses shall not be allowed in residential areas prior to the issuance of a conditional use permit by the planning commission under the procedures outlined in article 2, section 12 with the exception of the submission of a site plan. However, the grazing area shall be required to have a suitable fence and a fencing plan shall be submitted with the conditional use application. The fencing plan shall be drawn to scale indicating the residential structure and all accessory structures, the type of fencing to be installed and the location of all access points.
A minimum lot size of three (3) acres shall be required with not more than one horse for each one and half (1 1/2) acres of open grazing land. Open grazing land shall not include the minimum area requirement for a single family residence.
The granting of a conditional use for the keeping of horses in a residential area as approved is nontransferable and shall only be valid for the applicant and residence for which it is issued.
2.14 Garage sales and yard sales. Permits for yard sales, rummage sales and garage sales shall be valid for not more than two (2) days and shall not be granted for the same location more than two (2) times during any calendar year. It is necessary that anyone conducting a yard sale, rummage sale or garage sale obtain a permit before conducting such sale unless the property in which the sale takes place is properly zoned for such purposes and a business license has been obtained as required under this Code. Application for a permit for yard sales, rummage sales and garage sales should be made to the building inspector, and he shall issue permits subject to the above conditions after payment of a fee as determined by the city.
2.15 Single mobile homes. Mobile homes (see definition) are permitted in manufactured home parks located in districts zoned manufactured home park (MHP) and shall not be placed in any other location in the city. (See also nonconforming structures article 8 section 4.)
2.16 Landscaped open areas. Landscaped open space is that part of the site not occupied by any building or buildings (except swimming pools or open air recreation facilities) which is predominantly landscaped by way of the planting of gardens, lawns, shrubs or trees and is available for use and enjoyment by the occupants of the building erected on the site area, but does not include that part of the site area used for driveways and parking areas.
Objective:
1. To provide open space for recreation and use by the residents.
2. To enhance the quality of the built environment by providing a satisfactory balance of open space to buildings.
3. To integrate the landscaped area with the surrounding of the building.
4. To reduce the paved area on the site.
5. To improve the visual amenity of the city.
6. To ensure that recreation areas are of useable dimensions.
2.17 Multifamily play area.
A. New multifamily developments of eight (8) bedrooms or more shall be required, as a condition of approval, to provide a minimum of one thousand (1,000) square feet of unpaved, useable open space with lawn or other soft surface for an outdoor children's play area, plus an additional one hundred twenty-five (125) square feet of usable open space for each additional bedroom, except that this requirement does not apply to developments devoted exclusively to senior citizens.
B. The following factors shall be considered when designing a children's play area:
1. The minimum dimension shall be twenty-five (25) feet; and
2. Earth berms, vegetative screening, or fencing should separate the play area from driving and parking areas; and
3. Residents should have convenient access; and
4. The design should invite a variety of active and passive recreational activities appropriate for children by utilizing unique natural features, creating gently slopes or berms, and providing other amenities such as seating benches or play equipment.
C. The children's play area shall not be located in areas sensitive to human disturbances such as wetlands and slopes of forty (40) percent or more, or in required street frontage landscaping.
D. The children's play area may be dispersed on the site; provided that the minimum size of each area is one thousand (1,000) square feet or larger.
E. Usable open space set aside for this requirement shall be applied toward open space requirements.
F. Units in a multifamily complex which have private yards shall not be considered in calculating the children's play area requirement for the complex.
2.18 Light and glare (multifamily residential districts). To protect adjoining uses and vehicular traffic in the right-of-way, the following provisions shall apply to the generation of light and glare in multifamily districts:
A. Applicability. The requirements of this section shall be imposed for all new construction of multifamily developments.
B. All exterior lighting fixtures in parking areas and driveways shall utilize cutoff shields or other appropriate measures to conceal the light source from adjoining uses and rights-of-way. Other lights shall be designed to avoid spillover glare beyond the site boundaries.
C. Interior lighting in parking garages shall utilize appropriate shielding to prevent spillover upon adjacent uses and the right-of-way.
2.19 Light and glare (single family residential districts). To protect adjoining uses, all exterior lighting fixtures on property in single family residential districts shall be designed so that it will not interfere, annoy, or disturb the comfort, health, or peace of reasonable persons of ordinary sensibility.
| Toilets | Urinals | Lavatories | Showers | ||||
| Men | Women | Men | Men | Women | Men | Women | |
| 1--15 | 1 | 1 | 1 | 1 | 1 | 1 | 1 |
| 16--30 | 1 | 2 | 1 | 2 | 2 | 1 | 1 |
| 31--45 | 2 | 2 | 1 | 3 | 3 | 1 | 1 |
| 46--60 | 2 | 3 | 2 | 3 | 3 | 2 | 2 |
| 61--80 | 3 | 4 | 2 | 4 | 4 | 2 | 2 |
| 81--100 | 3 | 4 | 2 | 4 | 4 | 3 | 3 |
Note: A service sink with a flush rim shall be provided for the disposal of liquid wastes unless a sanitary station is conveniently accessible for this purpose.
For RV parks having more than one hundred (100) dependent vehicle and tent sites there shall be provided: one (1) additional toilet and lavatory for each gender per each additional thirty (30) sites; one (1) additional shower for each gender per each additional forty (40) sites; and one (1) additional men's urinal per each additional one hundred (100) sites.
7. Water supply. Each RV, dependent vehicle and tent site shall be provided with an individual water-service connection.
8. Sewage disposal. A sanitary station shall be provided for every one hundred (100) RV sites or fractional part thereof.
9. Electrical service. Each RV, dependant vehicle and tent site shall be provided with an electrical outlet supplying at least 115 volts.
10. Refuse disposal. The storage, collection and disposal of refuse in the park shall be so conducted as to create no health hazard, rodent harborage, insect breeding area, accident or fire hazard.
3.14 Self-supporting tower or antenna structure or monopole standards.
A. Setback requirements. A self-supporting tower, antenna structure or monopole shall be set back one hundred fifty (150) percent of the total height of the structure plus antenna when adjacent to the property line of any existing residential use. (Note: A variance of this setback requirement shall not be granted.)
B. Development standards and mitigation measures.
1. Tower, site, and building will be subject to site plan approval by the planning commission in accordance with article 2, section 13.
2. Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) approval is required for all tower installations. All monopoles or self-support towers higher than one hundred (100) feet shall be required to have FAA approval before a building permit is issued. The permit must include the tower height plus twenty (20) feet.
3. Lighting shall be minimized. A dual light obstruction (OL-2) kit must be installed at the top of the tower for any structure between one hundred fifty (150) feet and one hundred ninety-nine (199) feet. If FAA requires more lighting than the OL-2 light kit, a dual beacon light kit shall be installed. For daytime, a medium intensity strobe converting to a red dual bulb blinking beacon at twilight is required. The dual beacon light kit would be required to eliminate painting requirements.
4. All structure material and hardware to be of galvanized material.
5. If a back up generator is installed, a "residential" type muffler not powered by a gasoline engine is required. Fuel storage guidelines will be strictly enforced and the generator exerciser timer must be adjusted for daytime hours.
6. All structures must conform to RS222-d or latest national code that includes foundation, electrical, steel, etc. The applicant's engineer must certify to the city that all construction is in compliance with adopted codes.
7. A wood fence eight (8) feet or higher is required to be installed around the exterior lot line. The housing structure must be of standard communications specifications allowing it to blend into normal neighborhood surroundings.
8. A plan of vegetation control for inside, under and outside the fence is required for all tower installations.
9. Projects will be designed to allow a secondary installation on a single site, where technically feasible and visually desirable.
10. Applications for new or expanded facilities shall contain long-range plans which project market demand and expansion needs.
3.15 Light and glare. To protect adjoining uses and vehicular traffic in the right-of-way, the following provisions shall apply to the generation of light and glare in multifamily and commercial districts.
A. Applicability. The requirements of this section shall be imposed for all new construction of commercial and multifamily developments.
B. All exterior lighting fixtures in parking areas and driveways shall utilize cutoff shields or other appropriate measures to conceal the light source from adjoining uses and rights-of-way. Other lights shall be designed to minimize spillover glare beyond the site boundaries.
C. Interior lighting in parking garages shall utilize appropriate shielding to minimize spillover upon adjacent uses and the right-of-way.
3.16 Mobile vending sites.
1. Definitions. When used in this chapter, the following words, terms, and phrases shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
a. Goods, wares, or merchandise shall include but not be limited to animals, fruits, vegetables, farm products or provisions, dairy products, fish, game, poultry, meat, plants, flowers appliances, wearing apparel, jewelry, ornaments, art work, cosmetics and beauty aids, health products, medicines, household needs or furnishings, food of any kind, whether or not for immediate consumption, confections or drinks.
b. Mobile vending unit shall include any 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.
c. Mobile vendor shall include a person who peddles, vends, sells, displays or offers to sell good, wares or merchandise, or food from a mobile vending unit. This term does not include a mobile vending unit that visits multiple private property sites on a daily basis for no more than one (1) hour per site. This term also does not include temporary open-air enterprises, which are regulated by Article 6, Section 3.5.
2. All mobile vending sites shall be subject to the requirements of Article 2, Section 12, conditional uses on appeal to planning commission. In addition:
a. The mobile vendor must present proof of a state sales tax identification number, or proof that the mobile vendor has applied for a state sales tax identification number.
b. If the mobile vendor is employed by another, the name and address of the person, firm, association, organization, company or corporation.
3. Additional restrictions on mobile vending sites:
a. If a mobile vendor is located on property which has another use, the mobile vending unit shall be considered an accessory use, and i) may not exceed one hundred sixty (160) square feet; ii) may not be located in the front setback; and iii) cannot be connected to any utilities.
b. A mobile vendor may not operate between the hours of 10:00 p.m. and 7:00 a.m.
c. The property on which the mobile vending site is to be located must be in compliance with the dustproofing and paving requirements for parking as set forth in Article 7, Section 8.
d. A mobile vending unit shall not be located less than one thousand three hundred twenty (1,320) feet measured in a straight line from another mobile vending unit on the same side of the street. The measurement shall be made from a line drawn around the mobile vending unit, with the line being at all points ten (10) feet from the nearest point of the mobile vending unit. Provided, however, that no more than two (2) mobile vending units shall be permitted on the corner lots at any intersection.
e. Mobile vending units shall not be located so as to obstruct parking spaces required for the operation of any other use on the site.
f. Mobile vendors must maintain on the site a minimum of three parking spaces designated for their use.
g. If a health certificate is required, the vendor shall display the health certificate in a manner visible to customers.
h. All signs must meet the requirements of a temporary sign (Section 98-61). No flashing signs or lights are allowed.
4. Restrictions. All mobile vendors are further restricted from operating:
a. Within one hundred (100) feet of any property that is zoned residential pursuant to Article 4, Section 2.
b. Within fifty (50) feet of a street intersection or pedestrian crosswalk;
c. Within fifty (50) feet of any driveway, loading zone, or bus stop;
d. On the median strip of a divided roadway unless the strip is intended for use as a pedestrian mall or plaza;
e. Within one hundred (100) feet of the intersection of an on or off ramp of a freeway and the street to which the ramp exits.
f. Within fifty (50) feet of any fire hydrant or fire escape;
g. Within fifty (50) feet of any parking space or access ramp designated for persons with disabilities;
h. Within fifty (50) feet of an unobstructed pedestrian space;
i. Within fifty (50) feet of a building entrance or exit;
j. On a city sidewalk or other public easement or within twenty (20) feet of a public street or roadway.
5. Exemptions. The provisions of this chapter do not apply to:
a. Goods, wares, or merchandise temporarily deposited on the sidewalk in the ordinary course of delivery, shipment or transfer;
b. The placing and maintenance of unattended stands or sales devices for the sale, display or offering for sale of newspapers, magazines, periodicals and paper bound books;
c. The distribution of free samples of goods, wares and merchandise by any individual from his person;
d. Farmers and growers selling fruits and vegetables which they have grown, provided these products are sold on parking lots where the owner has granted permission;
e. Charitable organizations, such as Girl Scouts, Boy Scouts, on the property of another, so long as the owner of the property consents.
f. Mobile vendors operating at special events, so long as the mobile vending unit is located totally within property owned, occupied, or leased by the operators of the special event. Special event means any occasion including but not limited to Rodeo of the Ozarks, FeatherFest, or city wide celebrations, and festivals taking place within a specifically defined area of the city for a period of time not to exceed five (5) days.
6. No person authorized to operate a mobile vending site shall do any of the following:
a. Unduly obstruct pedestrian or motor vehicle traffic flow;
b. Obstruct traffic signals or regulatory signs;
c. Conduct any vending upon a public way;
d. Conduct any vending upon private property of another, unless the owner of the private property has consented to such vending in writing;
e. Sound any device that produces a loud and raucous noise in violation of city ordinance, or violate any other city ordinances in connection with the vending operation.
7. Mobile vendors shall keep their vending sites clean and free of paper or refuse of any kind generated from the operation of their business. All trash or debris accumulating within twenty (20) feet of any vending stand should be collected by the vendor and deposited into a trash container.
8. In addition to the provisions of Article 2, Section 12, a conditional use issued hereunder may be suspended or revoked for any of the following reasons:
a. Fraud, misrepresentation, or knowingly making a false statement contained in the application for the conditional use;
b. Fraud, misrepresentation, or knowingly making a false statement in the course of carrying on the business of the mobile vending site;
c. Conducting the business of the mobile vending site in any manner contrary to the conditions of the conditional use or this subchapter;
d. Conducting the business of the mobile vending site in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public, health, safety, welfare or morals, or interfere with the rights of abutting property owners.
9. The building inspector and the chief of police shall be responsible for enforcing this ordinance.
10. The granting of a conditional use for a mobile vending site as approved is nontransferable, shall be valid for one (1) year, and shall be valid only for the applicant and only at the location for which it is issued.
11. Variances from these requirements shall not be granted.
12. Each sales transaction completed in violation of the terms of this subchapter shall be considered a separate violation.
13. Any person whose mobile vending unit conditional use has been revoked under this section may not apply for a new license for a period of one year from the date the revocation took effect.
14. There shall be no non-conforming uses for mobile vending sites. All properties not currently in compliance with this ordinance will be required to come into compliance with this ordinance no later than October 1, 2006.
3.17 Flea market, outdoor.
a. All activities of the outdoor flea market rented booths or spaces that are to be conducted in sheds, tents or other portable structures outside a permanent structure shall be considered an accessory uses, and each separate operation i) may not exceed one hundred sixty (160) square feet; ii) may not be located in the front setback; and iii) cannot be connected to any utilities.
b. The property on which the outdoor flea market is to be located must be in compliance with the dustproofing and paving requirements for parking as set forth in Article 7, Section 8.
c. All outdoor activities shall not be located so as to obstruct parking spaces required for the operation of any other use on the site.
d. A minimum of three parking spaces shall be designated for each separate outdoor activity.
e. All outdoor activities shall be provided with at least one service building equipped with flush-type toilet fixtures of a type approved by the state board of health, and other sanitary facilities as required by City regulation. No service building shall contain less than one toilet for females, one toilet for males. For more than ten outside booths or rental spaces an additional lavatory and water closet for each sex shall be provided for every additional ten booths or rented spaces.
f. Service buildings shall:
1. Be located not more than 200 feet from a booth or rented space.
2. Be of permanent construction and be adequately lighted at all times.
3. Be of moisture-resistant material, to permit frequent washing and cleaning.
4. Have adequate heating facilities to maintain a temperature of 70 degrees Fahrenheit during cold weather, and to supply adequate hot water during time of peak loads.
5. Have all rooms well ventilated, with all openings effectively screened.
6. Provide separate compartments with adequate locking devices for each water closet and a sound-resistant wall to separate male and female toilet facilities.
g. If a health certificate is required, the vendor shall display the health certificate in a manner visible to customers.
h. All signs must meet the requirements of a temporary sign (Section 98-61). No flashing signs or lights are allowed.
Restrictions. All outdoor activities are further restricted from operating:
a. Within one hundred (100) feet of any property that is zoned residential pursuant to Article 4, Section 2.
b. Within fifty (50) feet of a street intersection or pedestrian crosswalk;
c. Within fifty (50) feet of any driveway, loading zone, or bus stop;
d. On the median strip of a divided roadway unless the strip is intended for use as a pedestrian mall or plaza;
e. Within one hundred (100) feet of the intersection of an on or off ramp of a freeway and the street to which the ramp exits;
f. Within fifty (50) feet of any fire hydrant or fire escape;
g. Within fifty (50) feet of any parking space or access ramp designated for persons with disabilities;
h. Within fifty (50) feet of an unobstructed pedestrian space;
i. Within fifty (50) feet of a building entrance or exit;
j. On a city sidewalk or other public easement or within twenty (20) feet of a public street or roadway;
k. Any sounding device that produces a loud and raucous noise in violation of city ordinance.
All outdoor flea markets shall keep their rented booths and or spaces clean and free of paper or refuse of any kind generated from the operation of their business.
In addition to the requirements above, all outdoor flea market sites shall be subject to the requirements of Article 2, Section 12, conditional uses on appeal.
Variances from these requirements shall not be granted.
There shall be no non-conforming uses for outdoor flea markets. All properties not currently in compliance with this ordinance will be required to come into compliance with this ordinance no later than December 31, 2007.
(Ord. No. 3307, 3-25-03; Ord. No. 3451, §§ 1, 2, 2-10-04; Ord. No. 3676, § 1, 5-10-05; Ord. No. 3850, § 1, 3-14-06; Ord. No. 3913, § 1, 6-27-06; Ord. No. 3916, § 1, 6-27-06; Ord. No. 4024, §§ 22--24, 2-13-07; Ord. No. 4069, § 1, 6-26-07)
Sec. 4. Industrial districts in general.
4.1 Access to structures. Every building hereafter erected or moved shall be on a lot adjacent to an improved public street or an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
4.2 Prefabricated and modular construction. Modular and other prefabricated office structures shall meet the requirements of the governing district; however, that the term "modular structures" or "prefabricated structures" shall not include a manufactured or mobile home whether or not same be equipped with undercarriage.
In addition, it shall be necessary for all units to meet the following requirements:
1. Zoning district regulations.
2. The building codes of the city.
3. Be secured to a permanent masonry or concrete foundation.
4. Have permanent water and sewer connections.
4.3 Landscape and buffering requirements. See chapter 56 of this Code.
4.4 Light and glare. To protect adjoining uses and vehicular traffic in the right-of-way, the following provisions shall apply to the generation of light and glare in multifamily and commercial districts.
A. Applicability. The requirements of this section shall be imposed for all new construction of commercial and multifamily developments.
B. All exterior lighting fixtures in parking areas and driveways shall utilize cutoff shields or other appropriate measures to conceal the light source from adjoining uses and rights-of-way. Other lights shall be designed to minimize spillover glare beyond the site boundaries.
C. Interior lighting in parking garages shall utilize appropriate shielding to minimize spillover upon adjacent uses and the right-of-way.
(Ord. No. 3307, 3-25-03)
Sec. 5. PUD--Planned unit development standards.
5.1 General eligibility and staging requirements.
1. Location. The intent is to apply the PUD district to areas designated as agricultural, residential or commercial on the land use plan.
2. Ownership. Eligible applicants for preliminary plan review must be the landowners of record, holders of a lease for not less than fifty (50) years, or their authorized agent and beneficiaries of all properties in question. The approved final development plan shall be binding on all subsequent owners of the land until revised or repealed as authorized in this article.
3. Minimum size. Eligible properties must be ten (10) acres in size.
4. Staging. Submissions of proposals of entire ownerships is encouraged, however, applicants may submit a phased development plan for incorporating incremental final development plans and plats for subareas of the entire ownership. Phased development must indicate the entire ownership on a boundary survey with all proposed streets and drainage. Where this is done, the applicant shall adhere to the approved development schedule for the phased submission of final development plan and plat.
If the applicant cannot adhere to the time period approved, a written request for extension may be submitted to the planning commission for approval of a maximum of two (2) one-year extensions. Additional extensions shall require approval of the city council.
5.2 Application review procedures.
1. Generally. The application procedure shall consist of three (3) phases:
a. A preapplication conference with planning and community development staff.
b. A preliminary development plan reviewed and approved by the planning commission and the city council.
c. Final development plan approved as a whole or in phases by the planning commission and city council following its review for conformity with the preliminary development plan.
d. The final development plan shall be approved prior to the issuance of any building permits within any portion of the planned unit development. The final development plan shall be recorded prior to the issuance of a building permit.
2. Preapplication conference. Before submitting an application, the landowner or authorized agent shall confer with city staff in order to become familiar with the development review process. The staff shall inform the applicant of any perceived problems that may arise. A further purpose of the preapplication conference is to make sure that the applicant has, or will be able to, submit the necessary information for filing the application. The intent of this conference is to provide guidance to the applicant prior to incurring substantial expense in the preparation of plans, surveys and other data required in a preliminary plan.
3. Preliminary development plan review. An application seeking a PUD rezoning of a parcel of property shall submit to the planning and community development division a preliminary plan and all the necessary fees at the time of the filing.
The preliminary plan will be submitted through the technical plat review process established in chapter 112 of this Code and the recommendations from that process will be forwarded to the planning commission. A public hearing for the preliminary plan shall be set no later than sixty (60) days after filing and shall be legally advertised as specified in the zoning ordinance.
At the public hearing before the planning commission, the applicant and interested citizens will have the opportunity to discuss the merits of the development proposal. The planning commission will assess the proposal in light of ordinance guidelines and will take action after weighing the recommendations of staff, the developer's presentation and the community response. The commission shall approve, grant approval with conditions on specified modifications, or disapprove the development proposal. The applicant shall receive written notification of the action taken by the planning commission within ten (10) days of the meeting date.
If the planning commission approves the preliminary plan, it will be forwarded to the city council for their review. The city council may grant or deny as submitted or as amended, defer for requested changes or information, or return the application to the planning commission for further study. The council may direct the planning commission to reconsider specific aspects of the preliminary plan. If the preliminary plan is approved, an ordinance shall be prepared which incorporates the plan or conditions. The city shall not issue any building or occupancy permits until the specified conditions or modifications are met.
If a preliminary plan is conditionally approved, the applicant shall have ninety (90) days from the date of planning commission action granting approval to submit a revised preliminary plan. If the planning staff determines such revisions are in conformance with the planning commission's specific recommendations, it shall be forwarded to the city council for disposition. If the revisions are determined not to be in conformance with the intent of the conditional approval, the revised development plan will be resubmitted to the planning commission for public hearing.
Appeals from the action of the planning commission shall be filed with the city clerk. The content of the of the appeal filing shall consist of (1) a cover letter addressed to they mayor and city council setting forth the request; (2) a copy of the application indicating the planning commission action and property executed by the staff. This filing shall occur within thirty (30) calendar days of the action of the planning commission.
4. Engineering plans and specifications. After the approval of the preliminary plat but before improvements are started, the developer shall submit engineering plans, a final drainage report, and specifications for the streets, grading, and storm drainage improvements including, but not limited to, profiles, specifications, and cross-sections along with grading and storm drainage plans and computations, pursuant to and in compliance with chapter 106, storm water drainage to the director of the planning and community development division for review and written approval prior to commencement of improvements. During the same period, the subdivider shall submit water and sewer plans and specifications to the water and sewer department. No work shall begin without prior approval of the director of the planning and community development division.
All streets which are to be dedicated to the city as public streets within the planned unit development boundaries shall be dedicated and constructed in conformance with the master street plan and chapter 110 of this Code, with right-of-way dedicated when such right-of-way is needed to conform to the master street plan.
5. Final development plan and plat. The applicant shall generally have one year from the date of preliminary development plan and plat approval to submit the final development plan and plat. In cases where a phased preliminary development plan is approved, an approved submission schedule for incremental final development plan and plat shall be followed. Requests for extensions shall be submitted in writing to the planning commission, which shall not unreasonably withhold approval. A maximum of two (2) one-year extensions may be granted by the planning commission. Additional extensions shall require approval by the city council. Extensions must be applied for before the time elapses on preliminary approvals.
The final development plan and plat review shall be conducted by the planning commission and staff. They will review the final development plan and plat to determine that no substantial changes were made to those elements of the plan agreed upon in the preliminary development plan. If substantial changes are found to have been made to the agreed elements, then the application must be resubmitted for preliminary development plan review.
The final development plan shall be deemed to be in substantial compliance with the preliminary development plan provided the plan does not:
a. Increase proposed floor area for nonresidential use by more than five (5) percent.
b. Increase total building coverage by more than five (5) percent.
c. Increase total number of dwelling units by more than five (5) percent within a given phase. Fluctuation shall be permissible, provided overall density is maintained.
A public hearing need not be held to consider modifications on location and design of infrastructure improvements as detailed in the subdivision regulations.
If the planning commission finds only minor differences exist in the final development plan and plat, then the commission shall approve final disposition.
Approval or disapproval of a final development plan and plat by the planning commission shall occur within sixty (60) days of the filing of the plan and plat. If the plan as submitted contains deviations of substance from the previously approved preliminary development plan the planning commission may, after meeting with the landowner, refuse to grant final approval and shall so advise the landowner of said refusal, giving the reasons such deviations are not in the public interest.
The landowner may either submit a final development plan and plat in conformance with the preliminary plan or file a written appeal with the city council within thirty (30) days of the refusal date. The city council shall consider the appeal at its next regularly scheduled meeting.
Before the final development plan and plat has been approved, the applicant shall assure installation of required public improvements as required for final plat approval in the city subdivision regulations. After compliance has been reached with all provisions of the PUD regulation and subdivision regulation, the engineer of record shall present to the staff the original documents, which after application of proper signatures shall be recorded with the county clerk's office.
5.3 Submission requirements. As part of the application process, the applicant shall be required to submit the following documents and information.
1. Preliminary development plan and plat.
a. A statement describing the character of the development and including the rationale behind the assumptions and choices made by the application.
b. A site plan as described in this regulation.
c. A development schedule indicating the approximate date when construction of the development or stages of the development can be expected to begin and to be completed.
d. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the PUD, including land areas, and dwelling units.
e. A preliminary plat in accordance with the subdivision regulations for the city.
2. Final development plan and plat.
a. A letter from the applicant requesting final development plan review.
b. A description of the maintenance provisions of the development.
c. Final subdivision plat.
d. A final site plan reflecting any changes from the original site plan.
e. Property owner association agreement and protective covenants.
Building permits may be issued upon request by the owner or developer based on the approved final development plan and plat.
5.4 Waiver or variances. Waivers or variances are not permitted. Once the final plan and plat have been approved, the board of adjustment will not have jurisdiction over variances of lot sizes, bulk or area regulations, and variances or waivers thereof will not be permitted.
5.5 Modification of plan and plat. If, after the development of the PUD has commenced, it becomes either impossible or unconscionable for the applicant to adhere to the approved plan and plat, a modified plan and plat, consistent in intent, can be submitted to the planning commission for public hearing, with notice to adjacent property owners, and the city council for final approval. The modified plan and plat may be substituted for the original plan and plat upon approval by both the planning commission and the city council to the extent it is deemed just and proper so as to relieve the difficulty or hardship in question, provided that such relief may be granted without detriment to the public interest.
(Ord. No. 3307, 3-25-03)
__________
HTML documents authored by Municipal Code Corporation