Copyrighted by the City of Springdale & Municipal Code Corporation, 1998.
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| 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.
(Ord. No. 3307, 3-25-03; Ord. No. 3693, §§ 1, 2, 6-14-05; Ord. No. 3917, § 1, 6-27-06; Ord. No. 4001, § 1, 1-9-07; Ord. No. 4024, §§ 19--21, 2-13-07)
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