(a)

Official zoning map. This article consists of a map and text. The City of Bella Vista shall maintain the official zoning district map in the city administrative office or at a convenient location designated by the mayor. Although copies of the map or portions thereof may be distributed to the public in paper or digital form, the official zoning map consists of the paper copy signed by the mayor and designated as such, as may be amended by ordinance adopted by the city council.

(b)

Boundary of districts. The boundaries of the zoning districts are hereby established as shown on the map entitled Zoning District Map of Bella Vista, Arkansas as may be amended by ordinance adopted by the city council, which is part of this article and which is on file in the office of the city clerk.

(c)

Interpretation of district boundary. Where due to scale, lack of detail or illegibility of the zoning map, there is uncertainty, contradiction or conflict as to location of any zoning district boundary as shown on the zoning district map, the mayor or his designee shall make an interpretation of the map upon request of any person. Any person in disagreement with any such interpretation may appeal such interpretation to the board of zoning adjustment. All city commissions, boards or personnel interpreting the zoning map or deciding any appeal, shall apply the following standards:

(1)

Zoning district boundary lines are intended to follow lot lines, or be parallel to or perpendicular thereto, or along the centerlines of alleys, streets, rights-of-way or watercourses, unless such boundary lines are fixed by dimensions shown on the zoning map.

(2)

Where zoning district boundary lines are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundary lines.

(3)

Where a zoning district boundary line divides a lot, the location of any such zoning district boundary line, unless indicated by dimensions shown on the zoning map, shall be determined by the use of the map scale shown thereon.

(4)

In un-subdivided property, the district boundary lines on the maps accompanying and made part of this article shall be determined by use of scale contained on such map.

(5)

Where a zoning district boundary is indicated as approximately following city limits, the boundary shall be determined as such.

(6)

If, after all of the previously stated rules have been applied, uncertainty shall exist as to exact location of a zoning district boundary line, the boundary line shall be determined in a reasonable manner, considering the history of zoning ordinances and amendments in the city as well as other relevant facts. The board of zoning adjustment, upon motion, shall interpret and determine the location of said boundaries based on the above-mentioned guidelines.

(Zoning Ord., § 400.01; Ord. No. 2009-23, § 400.01, 1-8-2010)

(a)

This article classifies and regulates the use of land, buildings, and structures within the city limits as hereinafter set forth. For the purpose of promoting the health, safety, and welfare of the inhabitants by dividing the city into zones and regulating therein the use of the land, zoning districts shall be designated as follows:

(1)

Conservation. P-1: Open Space District.

(2)

Agricultural. A-1: Agricultural District.

(3)

Residential.

a.

General description. The goal of the residential districts is to provide safe, sound, economical, and innovative housing solutions for all citizens. Specific goals of residential districts include:

1.

Provisions of adequate space at appropriate locations necessary to create an appropriate mix of housing alternatives;

2.

Consideration to site selection and variety of choice;

3.

Prevention of congestion as much as possible by regulating population density, activity intensity and extent of building bulk in relation to area land use;

4.

Control of structure height to provide light and air access through windows; and

5.

Promotion of desirable land use and development in order to protect district character and to conserve land and building value.

b.

SPR: Special Residential District.

c.

R-E: Residential Estate District.

d.

R-1: Residential, Single-Family District.

e.

R-2: Residential, Two-Family District.

f.

R-3: Residential, Multi-Family District.

g.

R-MH: Residential, Manufactured Home District.

(4)

Transitional.

a.

General description. Regulations for office districts are designed to encourage stable and efficient areas to meet the needs for office space for small businesses that service both residents and/or larger commercial enterprises. The districts are designed to:

1.

Minimize any potential incompatibilities between commercial developments and other types of land use;

2.

Provide opportunities for investment as development occurs and infrastructure is built;

3.

Provide sufficient space, at appropriate locations in close proximity to established residential areas for retail and service trade;

4.

Provide sufficient and appropriate space to meet anticipated future needs for planned commercial developments; and

5.

Provide for adequate off-street parking, loading and access management in conjunction with commercial area development.

b.

R-O: Residential Office District.

(5)

Commercial.

a.

General description. Regulations for commercial districts are designed to encourage stable and efficient areas to meet the needs for office spaces, commercial goods and services that service both residents and/or larger commercial enterprises. The districts are designed to:

1.

Minimize any potential incompatibilities between commercial developments and other types of land use;

2.

Provide opportunities for investment as development occurs and infrastructure is built;

3.

Provide sufficient space, at appropriate locations in close proximity to established residential areas for retail and service trade;

4.

Provide sufficient and appropriate space to meet anticipated future needs for planned commercial developments; and

5.

Provide for adequate off-street parking, loading and access management in conjunction with commercial area development.

b.

C-1: Neighborhood Commercial District.

c.

C-2: Light Commercial District.

d.

C-3: Central Commercial District.

e.

C-4: Shopping Center District.

(6)

Industrial.

a.

General description. This district provides for development of industrial uses and related commercial facilities. The regulations for this district are designed to:

1.

Make available a range of suitable sites for many types of manufacturing and related activities;

2.

Protect residences by separating them from manufacturing activities;

3.

Provide restricted areas for those industries emitting objectionable noises, odors, vibration or which involve danger of fire or explosives;

4.

Protect industrial activities and related developments against congestion, as appropriate for each area, by limiting building bulk in relation to surrounding land and other industries and providing off-street parking and loading with each development;

5.

Promote desirable land use and building development direction and to provide stability for industry and related development; and

6.

Protect district character and usage and to conserve land and building value.

b.

I-1: Light Industrial District.

c.

I-2: Heavy Industrial District.

(Zoning Ord., § 400.02; Ord. No. 2009-23, § 400.02, 1-8-2010; Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

(a)

Architectural features. Certain architectural features may project into required yards as follows:

(1)

Cornices, attached canopies, eaves, or other architectural features, may project a distance not to exceed 36 inches, provided that such features do not extend across the setback line.

(2)

Fire escapes may project a distance not exceeding 60 inches from the exterior wall of the building.

(3)

An uncovered stair and necessary landings may project a distance not to exceed 78 inches, provided such stair and landing shall not extend above the entrance floor of the building except for a guard- or hand-rail not exceeding 48 inches in height.

(4)

Bay windows, balconies, and chimneys may project a distance not exceeding 36 inches, provided that such features do not extend across the setback line.

(5)

Canopies. An overhang or canopy roof with its support structures may not project beyond the building setback line and must be no less than eight feet above a walkway.

(6)

Garages. The minimum setback for any garage shall be in conformance with the recorded plat survey. The minimum garage setbacks apply to both attached and detached garages.

(7)

Structure height effect on setback. A building or structure may exceed the maximum height shown for its district provided each of its front, side, and rear setbacks are increased at a ratio of one additional foot for each foot such building exceeds the maximum height.

(8)

Easements. Where a utility easement extends beyond the required building setback, the most restrictive constraint of the utility easement shall become the building setback.

(9)

Sidewalks. Upon application, when a sidewalk location is indicated, it may be within the setback line or the easement.

(b)

Building separation. Unless stipulated elsewhere, a minimum of ten feet shall separate all detached buildings on a common lot.

(c)

Computing density.

(1)

When computing gross density of a tract of land, all common open spaces shall be used in said calculation.

(2)

Green space calculations.

a.

Land areas with the following characteristics shall be included in all green space area calculations:

1.

The 100-year floodplain and floodway;

2.

Wetlands that meet the definition used by the Army Corps of Engineers pursuant to the Clean Water Act;

3.

Open bodies of water over 5,000 square feet in area;

4.

Riparian zones at least 50 feet from the top of bank along all perennial and intermittent streams;

5.

Hills with at least 5,000 feet of area containing slopes above 25 percent;

6.

Existing healthy, native forest lands of at least one-quarter acre (10,890 sq. ft.) in area;

7.

Habitat areas for populations of endangered or threatened species; and

8.

Archeological sites, cemeteries and burial grounds.

b.

At least 50 percent of the green space shall be in a contiguous tract. The green space shall adjoin neighboring areas of green space, other protected areas, and non-protected natural areas.

(d)

Cul-de-sac. For lots situated on cul-de-sacs or curves, a 40-foot minimum street frontage is acceptable, provided that the required condition of minimum lot width at the setback line is met as measured along the radius.

(e)

Lot width. Lot width is measured at the building setback.

(f)

Lot size. Minimum lot size requirements shall not be interpreted as prohibiting the construction of a single-family residential dwelling unit on a lot that was legally platted and recorded before the adoption of these regulations. For lots that are rendered nonconforming, the necessity of obtaining a variance from such created nonconformity shall not be required as a condition of issuance of a building permit, provided all setback and other requirements can be met.

(g)

Modular homes. Modular, panelized and pre-cut homes may be situated in A-1, R-E, R-1, R-2, R-3, SPR, R-O, and R-MH Districts, provided that they are constructed in accordance with state and local building codes. However, such homes may not be located on lots where deed restrictions or protective covenants do not allow them.

(h)

Setbacks.

(1)

In cases where plats were recorded prior to adoption of this chapter that have building setbacks, enforceable setbacks shall be as stated on the plat of the subdivision.

(2)

In the absence of any recorded plats containing building setbacks, the setbacks requirements contained herein shall prevail.

(3)

For residentially-zoned parcels that are adjacent and under the same ownership, side and rear setbacks may be eliminated entirely for the purpose of constructing over, under, or across, the building setback lines and property lines a building for human occupancy (the principal building); accessory buildings, including, but not limited to, garages, shop buildings, swimming pools, and gazebos; accessory infrastructure such as driveways, septic systems and leach fields; or other improvements associated with the primary structure contingent upon the owner filing a notice of structural encroachment of property line with the county circuit clerk and providing a copy of said recorded encroachment document to the city prior to the city's issuance of a certificate of occupancy.

(4)

For multi-family residentially zoned parcels in which townhomes are constructed as of the date of the enactment of this provision, front or side setbacks are eliminated only for purposes of the construction of covered parking/driveway areas between the townhome structure and the city right-of-way. For all other purposes, setback requirements contained herein shall prevail.

(5)

Any deviation from the conditions above shall require applicants to seek a variance in accordance with the policies set forth in the section 109-42.

(6)

Along bodies of water. Lots or parcels with access to bodies of water shall setback at least 25-foot from the water's edge in which no primary and accessory structures may be built, except as provided in section 109-185.

(i)

Utilities. Utility facilities, using land or an unoccupied building are exempt from minimum lot size requirements of all districts. Utility facilities shall be maintained in good condition and will be located within the utility easement, except supporting structures that encompass equipment such as back-up generators and network connections, which shall be on property that is either owned or leased by the utility.

(Zoning Ord., § 400.03; Ord. No. 2009-23, § 400.03, 1-8-2010; Ord. No. 2011-17, § 400.03, 12-28-2011; Ord. No. 2013-05, § 1, 5-3-2013; Ord. No. 2014-04, § 2, 3-24-2014; Ord. No. 2015-18, § 1, 8-24-2015; Ord. No. 2017-16, § 1(Exh. A), 4-24-2017; Ord. No. 2023-47, § 1, 8-28-2023; Ord. No. 2024-23, § 1(Exh.), 11-25-2024)

(a)

Location and description. The table of permitted uses is located in appendix A of this chapter. Further clarification of each use appears in article I of this chapter.

(b)

Permitted uses. Where the letter "P" appears on the line of a permitted use and in the column of a district, the use is permitted in that district subject to the provisions of:

(1)

Article IV of this chapter: Off-street parking, loading and access management; and

(2)

Article VI of this chapter: Supplemental zoning district regulations.

(c)

Conditional uses. Where the letter "C" appears, this use may be permitted subject to acquiring a conditional use permit as set forth in the section 109-38.

(d)

Prohibited uses. Where neither "P" nor "C" appears in a district column, the use is not permitted in the district.

(e)

Uses not listed.

(1)

When a use is proposed that is not listed in the table of permitted uses, the mayor or his designee shall recommend the appropriate districts that the use may be located in, based on land uses that are similar in size, bulk, and traffic generation. If the applicant does not agree with this interpretation, he may appeal the interpretation to the board of zoning adjustment.

(2)

If the mayor or his designee fails to make an interpretation for the use in question, then the application shall be handled as a proposed amendment to this chapter and shall be processed in accordance with article II of this chapter.

(Zoning Ord., § 400.04; Ord. No. 2009-23, § 400.04, 1-8-2010; Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

(a)

The regulations set by this article within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

(b)

No building, structure or land or part thereof shall hereafter be used, occupied, erected, constructed, re-constructed, moved, or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.

(c)

No building or other structure shall hereafter be erected or altered:

(1)

To exceed the height or bulk regulations of the district;

(2)

To occupy a greater percentage of lot area;

(3)

To have narrower or smaller rear, front, and/or side yards or any other open spaces that are herein required or in any other manner be contrary to the provisions of this article; and

(4)

To accommodate a greater number of families than as specified in all districts.

(d)

No part of a yard, other open spaces, off-street parking or loading space required in connection with any building for the purpose of complying with this article shall be included as part of similar requirement for any other building or structure, except on the same lot or within the same development.

(e)

No lot existing at the time of passage of this article shall be reduced in dimension or area below the minimum requirements set forth in these regulations. Lots created after the effective date of the ordinance from which this article is derived shall meet the minimum requirements established by this article.

(f)

All territory, which may hereafter be annexed to the city shall be considered to be in A-1 District until the territory is rezoned as provided herein or unless provided for in the annexing ordinance.

(Zoning Ord., § 400.05; Ord. No. 2009-23, § 400.05, 1-8-2010; Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

(a)

General description and purpose. The recreational open space district is designed to protect and enhance vital natural resources such as floodplains, streams, wetlands, exceedingly steep topography, woodlands and wildlife habitat. Further, this district serves to maintain a buffer between incompatible land uses, and to restrict development in areas not suitable for or capable of sustaining development, while allowing certain uses which are not detrimental to the land.

(b)

Bulk and area regulations.

(1)

Lot and area requirements.

a.

At least 70 percent of the parcel area shall be left undeveloped as green space.

b.

No more than 15 percent of the parcel area may be dedicated to open space that also contains parking areas.

c.

Maximum lot coverage shall be five percent of the parcel area.

(2)

Setback requirements.

a.

Minimum setback from all property lines shall be 50 feet.

b.

A minimum setback of 25 feet shall be established parallel to all floodplain lines as shown on currently adopted FIRM panels.

c.

A minimum setback of 50 feet shall be established parallel to the top of bank along all perennial and intermittent streams.

d.

A minimum setback of 50 feet shall be established parallel to the edge of open bodies of water.

(3)

Height requirements. Buildings and structures shall be constructed to a maximum height of 25 feet.

(c)

Legal instrument for permanent protection. Green space as defined above shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:

(1)

A permanent conservation easement in favor of a land trust or similar conservation oriented nonprofit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instrument shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions.

(2)

A permanent restrictive covenant for conservation purposes in favor of a government entity or property owner's association.

(3)

An equivalent legal tool that provides permanent protection, if approved by the city.

(Zoning Ord., § 400.06; Ord. No. 2009-23, § 400.06, 1-8-2010; Ord. No. 2015-07, § 1, 4-27-2015; Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

(a)

District purpose. The agricultural district is designed to provide for the compatible existence of agricultural activities. Permitted uses include all uses that are animal-, bird-, and bee-related as well as farming, horticulture (ornamental and landscaping), crop production, and the sale of related products.

(b)

Bulk and area regulations.

(1)

Density. One dwelling unit per five acres.

(2)

Lot and area requirements.

a.

The minimum lot size shall be no less than 217,800 square feet (five acres) in size.

b.

The minimum street frontage shall be no less than 100 feet.

c.

The minimum lot width shall be no less than 100 feet.

d.

The minimum lot depth shall be no less than 100 feet.

e.

Maximum lot coverage shall be no more than 30 percent of the parcel area.

(3)

Minimum setback requirements. Minimum setback shall be 30 feet for all front, side and rear yards.

(4)

Height requirements. Maximum 40 feet.

(5)

Outbuildings. An accessory or outbuilding shall be permitted on the property.

(6)

Additional dwelling. An additional dwelling unit shall be permitted on the property, provided the building is occupied by a family member, staff employed on the premises or it is used as a guest house. The building shall not be used as a rental unit and all regulations for a dwelling shall be followed when it is built.

(7)

Hazardous materials. Potentially flammable, explosive or noxious materials must be stored according to state regulations

(Zoning Ord., § 400.07; Ord. No. 2009-23, § 400.07, 1-8-2010; Ord. No. 2015-07, § 1, 4-27-2015; Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

(a)

District purposes. This district is designed to provide a medium-density residential area that accommodates structures that may have existed since the 1920s. This district is limited in location to the areas platted on the Fourth Revised Map of Bella Vista recorded in Plat Book A on Page 83. The area of the map is generally known as "Old Bella Vista." Permitted uses in this district include, but are not limited to single-family detached dwellings, home occupations, and some recreational uses where the property abuts public outdoor areas that might be allowed by a conditional use permit.

(b)

Bulk and area regulations.

(1)

Density: Eight dwelling units per acre.

(2)

Lot and area requirements:

a.

The minimum lot size shall be no less than 5,000 square feet in size.

b.

The minimum street frontage shall be no less than 50 feet.

c.

The minimum lot width shall be no less than 50 feet. Lot width is measured at the building setback.

d.

The minimum lot depth shall be no less than 100 feet.

e.

At least ten percent of the parcel area shall be left undeveloped as green space.

f.

Maximum lot coverage shall be no more than 75 percent of the parcel area.

(3)

Setback requirements:

a.

Minimum front setback from all property lines shall be 15 feet.

b.

A minimum side setback of 12 feet shall be established parallel to all street right-of-way lines.

c.

A minimum side setback of eight feet shall be established parallel to side property lines.

d.

A minimum rear setback of ten feet shall be established parallel to rear property lines.

(4)

Height requirements. The maximum height permitted in this residential district is 30 feet.

(Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

Editor's note— Ord. No. 2017-16, § 1(Exh. A), adopted April 24, 2017, in effect, repealed § 109-73 and enacted a new § 109-73 as set out herein. Former § 109-73 pertained to residential districts and derived from Zoning Ord., § 400.08; Ord. No. 2009-23, adopted January 8, 2010 and Ord. No. 2015-07, adopted April 27, 2015.

(a)

District purpose. This district is designed to provide a low density, park-like atmosphere with a greater quantity of open space that creates a district that is protective of the environment. An accessory or outbuilding shall be permitted on the property. The permitted use within this district is single-family detached dwellings.

(b)

Bulk and area regulations.

(1)

Density: One dwelling unit per acre.

(2)

Lot and area requirements:

a.

The minimum lot size shall be no less than 43,560 square feet (one acre) in size.

b.

The minimum street frontage shall be no less than 50 feet.

c.

The minimum lot width shall be no less than 50 feet.

d.

The minimum lot depth shall be no less than 100 feet.

e.

Maximum lot coverage shall be no more than 25 percent of the parcel area.

(3)

Setback requirements:

a.

Minimum front setback from all property lines shall be 50 feet.

b.

A minimum side setback of 20 feet shall be established parallel to side property lines.

c.

A minimum rear setback of 50 feet shall be established parallel to rear property lines.

(4)

Height requirements. Maximum 40 feet.

(Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

Editor's note— Ord. No. 2017-16, § 1(Exh. A), adopted April 24, 2017, in effect, repealed § 109-74 and enacted a new § 109-74 as set out herein. Former § 109-74 pertained to commercial districts and derived from Zoning Ord., § 400.08; Ord. No. 2009-23, adopted January 8, 2010 and Ord. No. 2015-07, adopted April 27, 2015.

(a)

District purpose. This district is intended to create a suitable environment for development of quality detached single-family dwellings with compatible densities, and related facilities normally required for a balanced and attractive residential area. The permitted uses within this district are single-family detached dwellings and a limited number of other uses may be allowed by conditional use permit only.

(b)

Bulk and area regulations.

(1)

Density: Three dwelling units per gross acre. See section 109-67(a)(3) for increased density options.

(2)

Lot and area requirements:

a.

The minimum lot size shall be no less than 14,000 square feet (⅓ or 0.32 acres) in size.

b.

The minimum street frontage shall be no less than 50 feet.

c.

The minimum lot width shall be no less than 50 feet. Lot width is measured at the building setback.

d.

The minimum lot depth shall be no less than 100 feet.

e.

Maximum lot coverage shall be no more than 35 percent of the parcel area.

(3)

Setback requirements:

a.

Minimum front setback from all property lines shall be 20 feet, unless otherwise stated on the subdivision plat.

b.

A minimum side setback of 15 feet shall be established parallel to all street right-of-way lines.

c.

A minimum side setback of seven and one-half feet shall be established parallel to side property lines, unless otherwise stated on the subdivision plat.

d.

A minimum rear setback of 15 feet shall be established parallel to rear property lines, unless otherwise stated on the subdivision plat.

e.

Along bodies of water. Lots or parcels with access to bodies of water shall have at least 25 foot setback from the water's edge in which no primary or accessory structures may be built, except as provided in section 109-185.

(4)

Height requirements. Maximum 40 feet.

(Ord. No. 2017-16, § 1(Exh. A), 4-24-2017; Ord. No. 2022-14, § 1, 8-29-2022)

Editor's note— Ord. No. 2017-16, § 1(Exh. A), adopted April 24, 2017, in effect, repealed § 109-75 and enacted a new § 109-75 as set out herein. Former § 109-75 pertained to industrial districts and derived from Zoning Ord., § 400.08; Ord. No. 2009-23, adopted January 8, 2010 and Ord. No. 2015-07, adopted April 27, 2015.

(a)

District purpose. This district is intended to provide for development of attached dwellings and townhomes at moderate densities. These areas should serve as transition zones between single-family residential areas and more intensive uses, and should be in locations with convenient access to major thoroughfares. The permitted uses within this district include single-family detached dwellings, two-family attached dwellings, two-unit townhomes, and a limited number of other uses may be allowed by conditional use permit only.

(b)

Bulk and area regulations.

(1)

Density: Six dwelling units per gross acre. See section 109-67(a) for increased density options.

(2)

Lot and area requirements:

a.

The minimum lot size shall be no less than 14,000 square feet (⅓ or 0.32 acres) in size.

b.

The minimum street frontage shall be no less than 50 feet.

c.

The minimum lot width shall be no less than 50 feet. Lot width is measured at the building setback.

d.

The minimum lot depth shall be no less than 100 feet.

e.

Maximum lot coverage shall be no more than 35 percent of the parcel area.

(3)

Setback requirements:

a.

Minimum front setback from all property lines shall be 20 feet, unless otherwise stated on the subdivision plat.

b.

A minimum side setback of 15 feet shall be established parallel to all street right-of-way lines.

c.

A minimum side setback of ten feet shall be established parallel to side property lines, unless otherwise stated on the subdivision plat.

d.

A minimum rear setback of 15 feet shall be established parallel to rear property lines, unless otherwise stated on the subdivision plat.

e.

Along bodies of water. Lots or parcels with access to bodies of water shall have at least 25 foot setback from the water's edge in which no primary or accessory structures may be built, except as provided in section 109-185.

(4)

Height requirements. Maximum 50 feet.

(Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

(a)

District purpose. This district provides for development of multi-family residences including a wide variety of housing types. These areas should serve as a transition zone between less and more intensive uses, and should be in locations with convenient access to major thoroughfares. The permitted uses within this district include single-family detached dwellings, two-family attached dwellings, townhomes, apartment buildings, and a limited number of other uses may be allowed by conditional use permit only.

(b)

Bulk and area regulations.

(1)

Density: Sixteen dwelling units per gross acre. See section 109-67(a) for increased density options.

(2)

Lot and area requirements:

a.

The minimum lot size shall be no less than 87,120 square feet (two acres) in size.

b.

The minimum street frontage shall be no less than 50 feet.

c.

The minimum lot width shall be no less 50 feet. Lot width is measured at the building setback.

d.

The minimum lot depth shall be no less than 100 feet.

e.

Maximum lot coverage shall be no more than 40 percent of the parcel area.

(3)

Setback requirements:

a.

Minimum front setback from all property lines shall be 20 feet, unless otherwise stated on the subdivision plat.

b.

A minimum side setback of 15 feet shall be established parallel to all street right-of-way lines.

c.

A minimum side setback of 15 feet shall be established parallel to all street right-of-way lines, unless otherwise stated on the subdivision plat.

d.

A minimum side setback of zero feet shall be established on the shared property line of attached dwelling units and/or townhomes.

e.

A minimum side setback of 15 feet shall be established parallel to side property lines, unless otherwise stated on the subdivision plat.

f.

A minimum rear setback of 20 feet shall be established parallel to rear property lines, unless otherwise stated on the subdivision plat.

(4)

Height requirements. Maximum 60 feet.

(Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

Editor's note— Ord. No. 2017-16, § 1(Exh. A), adopted April 24, 2017, in effect, repealed § 109-77 and enacted a new § 109-77 as set out herein. Former § 109-77 pertained to planned zoning district and derived from and Ord. No. 2015-07, adopted April 27, 2015 and Ord. No. 2015-18, adopted August 24, 2015.

(a)

District purpose. This district provides for an area designed and platted for the permanent parking of manufactured homes, with parking spaces in a predetermined arrangement. Each individual manufactured home must be placed on a permanent foundation and be designed to be used as a year-round residential dwelling unit. The placement of the manufactured home must be such that it conforms to all bulk and area requirements of the zoning district. No manufactured home shall be parked in violation of any enforceable deed restriction or covenant. Furthermore, all such lots shall include on-site, hard surface, off-street parking spaces. Zoning in this district may be for a manufactured home park or individually owned home sites. A manufactured home park must provide water, sewer or septic, electric utilities, and streets and may also provide playgrounds and public use areas. The permitted uses within this district are single-family detached dwellings, manufactured homes, and a limited number of other uses may be allowed by conditional use permit only.

(b)

Bulk and area regulations.

(1)

Density: Three dwelling units per acre.

(2)

Lot and area requirements:

a.

The minimum lot size shall be no less than 14,000 square feet (⅓ or 0.32 acres) in size.

b.

The minimum street frontage shall be no less than 50 feet.

c.

The minimum lot width shall be no less 50 feet. Lot width is measured at the building setback.

d.

The minimum lot depth shall be no less than 100 feet.

e.

Maximum lot coverage shall be no more than 35 percent of the parcel area.

(3)

Setback requirements:

(a)

Minimum front setback from all property lines shall be 20 feet, unless otherwise stated on the subdivision plat.

(b)

A minimum side setback of 15 feet shall be established parallel to all street right-of-way lines, unless otherwise stated on the subdivision plat.

(c)

A minimum side setback of ten feet shall be established parallel to side property lines, unless otherwise stated on the subdivision plat.

(d)

A minimum rear setback of 20 feet shall be established parallel to rear property lines, unless otherwise stated on the subdivision plat.

(e)

Setback along bodies of water. Lots or parcels with access to bodies of water shall have at least 25-foot setback from the water's edge in which no primary and accessory structures may be built, except as provided in section 109-185.

(4)

Height requirements. Maximum 40 feet.

(Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

(a)

District purposes. This district is intended to provide for development of small offices with minimal traffic increase to the neighborhood that also serves as a transition area between residential areas and true retail and commercial developments. Services should primarily support local needs in locations that also supports the residential area while being visible to or directly accessible from major transportation routes. These locations are to be adjacent to residential areas and therefore, this district contains performance criteria in order to ensure compatibility. It is further intended that this area's boundaries are limited so as to not encroach upon the existing residential areas. Permitted uses in this district include those allowed in residential districts in addition to, but not limited by:

(1)

Bed and breakfasts.

(2)

Personal services (beauty salons, photography studios, animal health and grooming, therapists) that can meet the home occupation definition listed elsewhere in the City code.

(3)

Community center (recreation or senior service centers).

(4)

A limited number of other uses may be allowed by conditional use permit only.

(b)

Bulk and area regulations.

(1)

Density: Three dwelling units per gross acre. See section 109-67(a) for increased density options.

(2)

Lot and area requirements:

a.

The minimum lot size shall be no less than 14,000 square feet (⅓ or 0.32 acres) in size.

b.

The minimum street frontage shall be no less than 50 feet.

c.

The minimum lot width shall be no less than 50 feet. Lot width is measured at the building setback.

d.

The minimum lot depth shall be no less than 100 feet.

e.

At least 15 percent of the parcel area shall be left undeveloped as green space.

f.

Maximum lot coverage shall be no more than 60 percent of the parcel area.

(3)

Setback requirements:

a.

Minimum front setback from all property lines shall be 20 feet.

b.

A minimum side setback of 15 feet shall be established parallel to all street right-of-way lines.

c.

A minimum side setback of 15 feet shall be established parallel to side property lines that are adjacent to a non-residential district.

d.

A minimum side setback of ten feet shall be established parallel to side property lines that are adjacent to a residential district.

e.

A minimum rear setback of 20 feet shall be established parallel to rear property lines that are adjacent to a non-residential district.

f.

A minimum rear setback of 15 feet shall be established parallel to rear property lines that are adjacent to a residential district.

(4)

Height requirements. Maximum 40 feet.

(Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

(a)

District purposes. This district is intended to provide for development of small scale office, retail and commercial developments serving primarily local needs in a location convenient to the supporting residential area. These locations are adjacent to residential areas and therefore, this district contains performance criteria in order to ensure compatibility. It is further intended that this commercial area not be enlarged or extended beyond its boundaries or encroach upon the existing residential areas. Permitted uses in this district include but are not limited to professional services and offices (bank, insurance, real estate); personal services (beauty salons and spas); restaurants; public uses (parks, libraries, local, state, or federal public building); and a limited number of other uses may be allowed by conditional use permit only.

(b)

Bulk and area regulations.

(1)

Lot and area requirements:

a.

The minimum lot size shall be no less than 43,560 square feet (1.0 acre) in size.

b.

The minimum street frontage shall be no less than 100 feet.

c.

The minimum lot width shall be no less than 100 feet. Lot width is measured at the building setback.

d.

The minimum lot depth shall be no less than 100 feet.

e.

At least 25 percent of the parcel area shall be left undeveloped as green space.

f.

Maximum lot coverage shall be no more than 60 percent of the parcel area.

(2)

Setback requirements:

a.

Minimum front setback from all property lines shall be 50 feet.

b.

A minimum side setback of 25 feet shall be established parallel to all street right-of-way lines.

c.

A minimum side setback of 20 feet shall be established parallel to side property lines that are adjacent to a non-residential district.

d.

A minimum side setback of 25 feet shall be established parallel to side property lines that are adjacent to a residential district.

e.

A minimum separation of at least ten feet shall be maintained between buildings within a single development.

f.

A minimum rear setback of 20 feet shall be established parallel to rear property lines that are adjacent to a non-residential district.

g.

A minimum rear setback of 25 feet shall be established parallel to rear property lines that are adjacent to a residential district.

(3)

Height requirements. Maximum 40 feet.

(Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

(a)

District purposes. This district is intended to provide for development of small to medium scale office, retail, and commercial developments in convenient areas with accessibility to major thoroughfares. Permitted uses in this district include but are not limited to those permitted in the C-1 (Neighborhood Commercial District); single and two-family housing; community center (recreation or senior service centers); and a limited number of other uses may be allowed by conditional use permit only.

(b)

Bulk and area regulations.

(1)

Lot and area requirements:

a.

The minimum lot size shall be no less than 65,340 square feet (1.5 acres) in size.

b.

The minimum street frontage shall be no less than 100 feet.

c.

The minimum lot width shall be no less than 100 feet. Lot width is measured at the building setback.

d.

The minimum lot depth shall be no less than 100 feet.

e.

At least 20 percent of the parcel area shall be left undeveloped as green space.

f.

Maximum lot coverage shall be no more than 60 percent of the parcel area.

(2)

Setback requirements:

a.

Minimum front setback from all property lines shall be 55 feet.

b.

A minimum side setback of 30 feet shall be established parallel to all street right-of-way lines.

c.

A minimum side setback of 20 feet shall be established parallel to side property lines that are adjacent to a non-residential district.

d.

A minimum side setback of 25 feet shall be established parallel to side property lines that are adjacent to a residential district.

e.

A minimum separation of at least 15 feet shall be maintained between buildings within a single development.

f.

A minimum rear setback of 25 feet shall be established parallel to rear property lines that are adjacent to a non-residential district.

g.

A minimum rear setback of 55 feet shall be established parallel to rear property lines that are adjacent to a residential district.

(3)

Height requirements. Maximum 40 feet.

(Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

(a)

District purposes. This district is intended to provide for a mixed use of medium and large scale office, retail, commercial and residential developments serving local and community needs in locations with convenient access to major transportation routes. These locations may be adjacent to residential areas, and therefore, this district contains performance criteria in order to ensure compatibility. Permitted uses include all those allowable in the R-O, C-1 and C-2 zoning districts in addition to but are not limited to newspaper printing; animal hospital, kennel, grooming; gasoline sales and service stations; commercial parking lots; utility company business offices; and a limited number of other uses may be allowed by conditional use permit only.

(b)

Bulk and area regulations.

(1)

Lot and area requirements:

a.

The minimum lot size shall be no less than 87,120 square feet (2.0 acres) in size.

b.

The minimum street frontage shall be no less than 100 feet.

c.

The minimum lot width shall be no less than 100 feet. Lot width is measured at the building setback.

d.

The minimum lot depth shall be no less than 100 feet.

e.

At least 15 percent of the parcel area shall be left undeveloped as green space.

f.

Maximum lot coverage shall be no more than 65 percent of the parcel area.

(2)

Setback requirements:

a.

Minimum front setback from all property lines shall be 65 feet.

b.

A minimum side setback of 35 feet shall be established parallel to all street right-of-way lines.

c.

A minimum side setback of 25 feet shall be established parallel to side property lines that are adjacent to a non-residential district.

d.

A minimum side setback of 35 feet shall be established parallel to side property lines that are adjacent to a residential district.

e.

A minimum separation of at least 20 feet shall be maintained between buildings within a single development.

f.

A minimum rear setback of 30 feet shall be established parallel to rear property lines that are adjacent to a non-residential district.

g.

A minimum rear setback of 65 feet shall be established parallel to rear property lines that are adjacent to a residential district.

h.

Along bodies of water. Lots or parcels with access to bodies of water shall have at least 35 foot setback from the water's edge in which no primary or accessory structures may be built, except as provided in section 109-185.

(3)

Height requirements. Maximum 50 feet.

(Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

(a)

District purposes. This district is intended to provide for a mixed use of large scale office, retail and commercial developments serving community needs in locations with convenient access to major transportation routes. Permitted uses include all those allowable in the C-1, C-2 and C-3 zoning districts in addition to, but are not limited to indoor commercial amusement facilities; newspaper printing; automotive and parts sales and service centers; gasoline sales and service stations; commercial parking lots; public auditorium, arena; and a limited number of other uses may be allowed by conditional use permit only.

(b)

Bulk and area regulations.

(1)

Lot and area requirements:

a.

The minimum lot size shall be no less than 130,680 square feet (3.0 acres) in size.

b.

The minimum street frontage shall be no less than 100 feet.

c.

The minimum lot width shall be no less than 100 feet. Lot width is measured at the building setback.

d.

The minimum lot depth shall be no less than 100 feet.

e.

At least ten percent of the parcel area shall be left undeveloped as green space.

f.

Maximum lot coverage shall be no more than 65 percent of the parcel area.

(2)

Setback requirements:

a.

Minimum front setback from all property lines shall be 75 feet.

b.

A minimum side setback of 40 feet shall be established parallel to all street right-of-way lines.

c.

A minimum side setback of 30 feet shall be established parallel to side property lines that are adjacent to a non-residential district.

d.

A minimum side setback of 40 feet shall be established parallel to side property lines that are adjacent to a residential district.

e.

A minimum separation of at least 30 feet shall be maintained between buildings within a single development.

f.

A minimum rear setback of 35 feet shall be established parallel to rear property lines that are adjacent to a non-residential district.

g.

A minimum rear setback of 75 feet shall be established parallel to rear property lines that are adjacent to a residential district.

h.

Along bodies of water. Lots or parcels with access to bodies of water shall have at least 45 foot setback from the water's edge in which no primary or accessory structures may be built, except as provided in section 109-185.

(3)

Height requirements. Maximum 60 feet.

(Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

(a)

District purposes. This district is intended to provide locations for light to medium industrial uses and related commercial uses. The district contains performance criteria and design guidelines incorporated to ensure compatibility with adjacent uses. Permitted uses include but are not limited to retail and wholesale offices for selling of building materials, lumber, and/or plumbing, electrical, and mechanical services; automotive, bus, motorcycle, truck parts, sales, service, repair, storage, transfer stations, and/or washes; animal clinics, hospitals, boarding, rescues, shelters, pet shops, slaughtering and/or breeding facilities; warehouse and/or cold storage plant; construction equipment, maintenance yards, and office sales, service, repair, and/or storage; and product manufacturing, processing, carting, crating, moving, and/or storage.

(b)

Bulk and area regulations.

(1)

Lot and area requirements:

a.

The minimum lot size shall be no less than 87,120 square feet (2.0 acres) in size.

b.

The minimum street frontage shall be no less than 100 feet.

c.

The minimum lot width shall be no less than 100 feet. Lot width is measured at the building setback.

d.

The minimum lot depth shall be no less than 100 feet.

e.

At least 15 percent of the parcel area shall be left undeveloped as green space.

f.

Maximum lot coverage shall be no more than 75 percent of the parcel area.

(2)

Setback requirements:

a.

Minimum front setback from all property lines shall be 50 feet.

b.

A minimum side setback of 40 feet shall be established parallel to all street right-of-way lines.

c.

A minimum side setback of 30 feet shall be established parallel to side property lines that are adjacent to a non-residential district.

d.

A minimum side setback of 100 feet shall be established parallel to side property lines that are adjacent to a residential district.

e.

A minimum separation of at least 40 feet shall be maintained between buildings within a single development.

f.

A minimum rear setback of 50 feet shall be established parallel to rear property lines that are adjacent to a non-residential district.

g.

A minimum rear setback of 100 feet shall be established parallel to rear property lines that are adjacent to a residential district.

h.

Along bodies of water. Lots or parcels with access to bodies of water shall have at least 40 foot setback from the water's edge in which no primary or accessory structures may be built, except as provided in section 109-185.

(3)

Height requirements. Maximum 45 feet.

(Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

(a)

District purposes. This district is designed primarily to minimize the high risk of deleterious, hazardous and environmentally objectionable uses of general manufacturing processes and storage facilities as well as provide for warehousing, heavy equipment repair and transportation facilities.

(b)

Bulk and area regulations.

(1)

Lot and area requirements:

a.

The minimum lot size shall be no less than 130,680 square feet (3.0 acres) in size.

b.

The minimum street frontage shall be no less than 100 feet.

c.

The minimum lot width shall be no less than 100 feet. Lot width is measured at the building setback.

d.

The minimum lot depth shall be no less than 100 feet.

e.

At least 20 percent of the parcel area shall be left undeveloped as green space.

f.

Maximum lot coverage shall be no more than 75 percent of the parcel area.

(2)

Setback requirements:

a.

Minimum front setback from all property lines shall be 60 feet.

b.

A minimum side setback of 45 feet shall be established parallel to all street right-of-way lines.

c.

A minimum side setback of 25 feet shall be established parallel to side property lines that are adjacent to a non-residential district.

d.

A minimum side setback of 100 feet shall be established parallel to side property lines that are adjacent to a residential district.

e.

A minimum separation of at least 40 feet shall be maintained between buildings within a single development.

f.

A minimum rear setback of 60 feet shall be established parallel to rear property lines that are adjacent to a non-residential district.

g.

A minimum rear setback of 150 feet shall be established parallel to rear property lines that are adjacent to a residential district.

h.

Along bodies of water. Lots or parcels with access to bodies of water shall have at least 50 foot setback from the water's edge in which no primary or accessory structures may be built, except as provided in section 109-185.

(3)

Height requirements. Maximum 60 feet.

(Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

(a)

Purpose. The purpose of the planned zoning district (PZD) is to establish a mechanism to propose a development with a mix of commercial, industrial or residential uses that is innovative but which does not strictly comply with the provisions of the zone in which the property is located and cannot be achieved through traditional zoning.

(b)

Intent. The intent of this section is to:

(1)

Provide a means for a concurrent process of zoning and development approvals for projects;

(2)

Provide for maximum flexibility and diversification in the development of property;

(3)

Protect the integrity and character of both residential and non-residential areas of the city;

(4)

Encourage efficient use of land for preservation of sensitive environmental areas such as open space and topographic features;

(5)

Encourage use of design features to achieve development that is compatible with the area; and

(6)

Allow for creative and imaginative design that will promote amenities beyond those expected in conventional developments.

(c)

General description. The planned zoning district is a combination of zoning description, master development plan, and architectural elevations. A detailed master development plan is required for approval. Once approved, the master development plan becomes a zoning district by city ordinance in the same manner as any other zoning district and the applicant may proceed with obtaining building permits. Development must follow the master development plan exactly and the PZD is not intended to circumvent conventional zoning regulations.

(d)

Applicability.

(1)

Location. Any property located within the city limits is eligible for a planning zoning district. Upon city council approval, an owner or developer of a specific piece of property located within the city's designated planning area may be authorized to submit a planning zoning district application in conjunction with an annexation request. However, final approval of the PZD will not be effective until said property is annexed into the city limits.

(2)

Size. There shall be no minimum or maximum parcel size for a PZD application.

(e)

Procedures.

(1)

Rezoning. A planned zoning district shall follow all procedures for zoning ordinance amendments outlined in zoning code section 109-40, in addition to the specific requirements contain in this section.

(2)

Required dedications.

a.

Easements. Upon rezoning approval and if the planned zoning district requires only easement dedications, the applicant shall prepare and easement dedication plat which shall be reviewed by staff. Upon staff approval, the applicant shall record the easement dedication plat at the county recorder's office and shall provide two file marked copies to the planning, building, and code enforcement department.

b.

Rights-of-way.

1.

Upon rezoning approval and if the planned zoning district requires rights-of-way to be dedicated to conform with the master street plan and/or to allow dedication of road infrastructure to the public, the applicant shall prepare a right-of-way dedication plat that depicts the required right-of-way and easement reservations.

2.

The right-of-way dedication plat shall be reviewed by staff for conformance with the master development plan. Upon staff approval, the applicant may proceed with planned improvements within the proposed right-of-way.

3.

Upon completion of planned improvements within the right(s)-of-way, the applicant shall proceed with filing a final plat in accordance with Article IV of the Subdivision Code.

(3)

Publicly dedicated improvements. All infrastructure improvements that will be dedicated to the public shall be reviewed and approved as provided in Subdivision Code subsections 107-250(a) through 1007-250(h). In cases of conflict, the specific standards of the approved planned zoning district shall prevail.

(4)

Building permits.

a.

If publicly dedicated improvements are not contemplated with the planned zoning district, building permits may be issued by the community development services department after receipt of recorded easement plat have been received and adherence to the Arkansas Fire Prevention Code has been determined.

b.

If publicly dedicated improvements will be part of the planning zoning district, building permits may be issued by the community development services department after receipt of a right-of-way dedication plat and adherence to the Arkansas Fire Prevention Code has been determined. Plans for publicly dedicated improvements shall be filed at the same time as building plans.

(f)

Review criteria.

(1)

Property may be rezoned to a planned zoning district subject to a recommendation from the planning commission and affirmative vote of the city council. The planning commission and city council may approve a proposed PZD subject to the following review criteria:

a.

The development does not have a negative effect upon the future development of the area;

b.

The development provides for compatibility with the surrounding land uses;

c.

The development provides for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community;

d.

The development provides for more usable and suitably located open space, recreation areas, and other common facilities that would not otherwise be required under conventional land development regulations;

e.

The development maximizes enhancement or minimally disrupts existing natural features and amenities; and

f.

The development utilizes site characteristics such as geographic location, topography, size or shape to achieve the purpose and intent of this section.

(2)

The planning commission or city council may impose conditions, restrictions, or more stringent standards when reviewing a planned zoning district so as to minimize or reduce any injurious effects to the public's health, safety, and welfare.

(3)

Reversion. In the event that the zoning and development standards described in the planned zoning district's zoning description, master development plan, and architectural elevations are not fully implemented within three years, the parcel for which the PZD was proposed shall revert to its re-proposal zoning district. Such reversionary language shall be contained in the ordinance establishing the planned zoning district.

(g)

Zoning description(s). The applicant shall provide a written description of the proposed zoning and development standards that will become part of the zoning ordinance for the planned zoning district. One or several land use category(ies) may be permitted within the planned zoning district, but must adhere to the following criteria and those land use category(ies) shall be identified on the master development plan.

(1)

Permitted modifications. The planned zoning district may allow the following zoning and development standards to be modified:

a.

Density;

b.

Building setbacks;

c.

Height requirements;

d.

Lot and area requirements including minimum lot area, minimum street frontage, minimum lot width, minimum lot depth, maximum lot coverage, and minimum green space coverage;

e.

Landscaping, screening, and buffering requirements;

f.

Required off-street parking and loading standards of the Zoning Code in cases of mixed use development;

g.

Parking facility design standards of the Subdivision Code;

h.

Subdivision design standards contained in Subdivision Code section 107-249. Exception: Street classification and design standards contained in Table 2 shall not be modified.

(2)

Prohibited modifications. The planned zoning district shall not allow the following zoning and development standards to be modified:

a.

Signage requirements;

b.

Improvements standards of subsections 107-250(i) through 107-250(n) of the Subdivision Code. Exception: Street design standards may be modified with incorporation to low impact development standards in the Drainage Manual subject to Staff concurrence;

c.

Supplemental design standards contained in Article X of the Subdivision Code;

d.

Access management standards of Article XI of the Subdivision Code;

e.

Retaining wall standards of Article XII of the Subdivision Code;

f.

Grading, erosion control, and storm water pollution prevention standards of Article XIII of the Subdivision Code; and

g.

Stormwater drainage and management regulations from Article XIV of the Subdivision Code.

(3)

The written description shall include a provision identifying the particular zoning district signage requirements in Article IX of the Zoning Code to which the planned zoning district will adhere upon approval.

(4)

The written description shall include a table of the proposed land uses permitted as a use by right or by conditional use permit following the format of Appendix A: Table of Permitted Uses to the Zoning Code. The table shall include the amount of land which may be devoted to each type of use. No other uses will be allowed unless the planned zoning district is revised through a zoning amendment process as outlined in Section 300.08.

(5)

The written description shall provide adequate guarantees that common open space areas contained in the planned zoning district are preserved and maintained for those purposes only. A property owner's association shall be required if other arrangements satisfactory to the planning commission and city council have not been made for improving, operating, and maintaining all such common open space areas. At the time of final plan and plat is submitted, the articles of incorporation and bylaws of the property owner's association for the planned zoning district shall be reviewed and approved by the planning commission and city council. Additionally, the restrictive covenants which run with the land must be submitted and include similar provisions to preserve all open space areas indicated in the master development plan.

(h)

Master development plan provisions.

(1)

All planned zoning districts shall provide and identify common open space in the master development plan. Common open space shall be land devoted to conservation or recreational purposes and shall be designated to remain undeveloped, except within the provisions provided below. Common open space shall be open to owners, tenants, and customers within the planned zoning district, and shall adhere to the following requirements.

a.

Minimum area. A minimum of 20 percent of the total project area, exclusive of rights-of-way, shall be devoted to common open space.

b.

Distribution. Open space should be distributed throughout the planned zoning district in relationship to the dwelling units or other use areas that are intended to be served by the common open space.

c.

Determination. Open space may include:

1.

Wetlands and water bodies, including the normal pool elevation surface area of retention ponds;

2.

Active detention ponds;

3.

Identified floodplains and floodways in the currently effective FEMA flood maps adopted by the city;

4.

Vegetated and landscaped areas, excluding required parking lot landscaping requirements;

5.

Natural buffer areas between the planned zoning district and adjacent properties;

6.

Public plazas and hard surface recreation areas; and

7.

Pedestrian paths, trails, and sidewalks, exclusive of those required by the Subdivision Code.

(2)

Master development plans shall provide a cover sheet that:

a.

Provides the name of the proposed development centered at the top of the page;

b.

Provides a vicinity map within a one-quarter mile of the subject parcel;

c.

Provides a complete legal description of the subject parcel or parcels under consideration for the planned zoning district;

d.

Identifies adjacent property boundaries within 100 feet of the subject parcel, their ownership, and current zoning classification; and

e.

Places the following wording on the sheet, verbatim:

GENERAL PROVISIONS

Authority

This planned zoning district (PZD) master development plan is authorized by the City of Bella Vista Zoning Code. The provisions of this PZD master development plan shall run with the land. The landowners, their successors, heirs, or assigns shall be bound by the master development plan, as amended and approved by the city council.

Adoption

The adoption of this PZD master development plan shall evidence the findings and decision of the city council that this planned zoning district for (name of development) is in general conformity with the city's future land use plan, master street plan, and other policy documents in force at the time of its adoption.

The provisions of this PZD master development plan shall prevail and govern the development of (name of development), provided, however, that where the provisions of this master development plan do not address a particular subject, the relevant provisions of the City's Code, as amended, or any other applicable resolutions or regulations of the City, shall be applicable.

Reversion

In the event that the zoning and development standards described in the planned zoning district's zoning description(s), master development plan, and architectural elevations are not fully implemented within three years, those undeveloped portions of the parcel(s) for which the PZD was proposed shall revert to its pre-proposal zoning district.

Enforcement

To further the mutual interests of the residents, occupants, and owners of the PZD master development plan and of the public in the preservation and integrity of the plan, the provisions of this plan relating to the use of land, statements of commitments, development and architectural standards, and the location of common open space shall run in favor of the city and shall be enforceable at law or in equity by the city without limitation on any power or regulation otherwise granted by law.

Conflict

Where there is more than one provision within the PZD master development plan that covers the same subject matter, the provision which is most restrictive or imposes higher standards or requirements shall govern.

Maximum level of development

The total number of dwellings or the total commercial, business, or industrial intensity approved for development within the land use category(ies) is the maximum development requested for platting or construction. The actual number of dwellings or level of development for commercial, business, or industrial properties may be less due to subdivision or site improvement plan requirements or other requirements of the City Code.

(3)

Master development plans shall provide a zoning and development standards plan sheet that:

a.

Identifies those portions of the subject parcel(s) that shall be reserved for open space;

b.

Delineates the specific portion of the subject parcel(s) to which land use category(ies) described in the zoning description(s) shall be applied; and

c.

Provides a chart identifying the specific zoning characteristics of the land use category(ies) provided in the zoning description(s).

(4)

Master development plans shall provide master site plan sheet that:

a.

Provides for the reservation of rights-of-way and easements to the City;

b.

Provides the plat and plan requirements for large scale developments and/or preliminary and final plats, as applicable, contained in Article VIII of the Subdivision Code;

c.

Identifies the location and height of proposed buildings and structures on the subject parcel(s);

d.

Illustrates reserved open spaces and landscaping, screening, and buffering requirements;

e.

Shows traffic and circulation patterns for vehicles and pedestrians;

f.

Identifies parking areas;

g.

Shows the routing and location of utility infrastructure; and

h.

Illustrates proposed platting and subdivision of land.

(i)

Architectural elevations.

(1)

Architectural elevation rendering must be submitted as part of the planned zoning district. They may be digitally or hand drawn and shall include the following:

a.

Front, rear, and side elevations for each type of building and structure proposed; and

b.

Exterior/façade building materials list.

(2)

Architectural standards shall conform to and be evaluated by the following criteria:

a.

All buildings and structure shall adhere to a common architectural theme or style;

b.

Rear- and side-loading residential garages are encouraged and shall be setback a minimum of 20 feet from the front property line for side-loading garages and 20 feet from the rear property line for rear-loading garages;

c.

Front-loading residential garages shall be recessed a minimum of 10 feet front the front elevation of the house and shall be set back a minimum of 30 feet from the front property line;

d.

All buildings shall avoid unbroken building facades of more than 100 linear feet;

e.

All buildings shall provide human scale features, especially at street level; and

f.

A variety of building heights and varied roofline articulation shall be provided.

(Ord. No. 2017-16, § 1(Exh. A), 4-24-2017; Ord. No. 2023-33, § 7, 5-22-2023)