(a)

Uses permitted or those subject to conditional use approval shall be subject to the requirement of the district provisions as supplemented or modified by this chapter.

(b)

These regulations do not grant any waiver or right that might otherwise exist through current covenants.

(Zoning Ord., § 700.01; Ord. No. 2009-23, § 700.01, 1-8-2010)

(a)

Purpose. In order to promote good civic design and arrangement, an accessory building may be erected detached from the principal building, as long as it is placed within all setback requirements for the zone as designated.

(b)

Attached accessory. An accessory building attached to a principal building shall be made structurally a part and have a common wall with the principal building and shall comply in all respects with the requirements of this article applicable to the principal building.

(c)

Nonresidential accessory buildings. A nonresidential accessory building may be erected detached from the principal building, or, except when a stable, may be erected as an integral part of the principal building.

(1)

Applicability. The provisions of this subsection are only applicable to parcels in the R-1, Residential Single-Family; R-E, Residential Estate; or SPR, Special Residential districts.

(2)

Exemptions. The following nonresidential accessory structures are hereby exempt from these regulations:

a.

Swimming pools.

b.

Docks, boathouses, and dockside recreational improvements regulated under section 109-185.

(3)

Height. Nonresidential accessory structures shall have a maximum sidewall height of 15 feet and a maximum overall height of 25 feet.

(4)

Nonresidential accessory buildings.

a.

Buildings on the same lot as the primary residence.

1.

Quantity. Only one nonresidential accessory building is permitted on the same lot as the primary residence.

2.

Location. Nonresidential accessory structures permitted by this subsection shall be located behind an accessory structure building setback and conform to the other setbacks for the district in which it is located. No such structure shall be located in the front yard of a lot or lots.

3.

Size. The maximum building footprint area of the nonresidential accessory building on the same lot as the primary residence shall not exceed 720 square feet.

b.

Buildings on an adjoining lot to the primary residence.

1.

Quantity. Regardless of the number of lots under common ownership, only one additional accessory building is permitted on one adjoining lot under common ownership.

2.

Location. Nonresidential accessory structures permitted by this subsection shall be located behind an accessory structure building setback and conform to the other setbacks for the district in which it is located. No such structure shall be located in the front yard of a lot or lots.

3.

Size. The maximum building footprint area of the nonresidential accessory building on an adjoining lot shall not exceed 1,200 square feet.

c.

Buildings on a lots exceeding four acres.

1.

Quantity. Three nonresidential accessory buildings are permitted.

2.

Location. Nonresidential accessory structures permitted by this subsection shall be located behind an accessory structure building setback or 200 feet, whichever is less, and conform to the other setbacks for the district in which it is located.

3.

Size. The building footprint area for all nonresidential accessory buildings shall not exceed 1,200 square feet or the square footage of the building footprint of the primary residence, whichever is greater.

(d)

Accessory dwellings.

(1)

Residential districts. Detached dwelling units shall meet the setback requirements for the zoning district in which it is located. The detached dwelling unit shall be no larger than 50 percent of the size of the primary structure and no taller than the height of the primary structure.

(2)

C-1 and C-3 Districts. Density limitations for attached residential uses in the C-1 District shall follow that of the R-3 District. Density limitations for the C-3 District are set forth in the bulk and area regulations for the C-3 District.

(3)

C-2, I-1 and I-2 Districts. Density limitations shall follow that of the R-3 District. The building site and yard area must be separate and distinct from off-street parking spaces and setback areas required for the principal structure and shall include a minimum of 4,200 square feet of land area. The residential structure shall be located to meet required setbacks from exterior boundaries of the total tract.

(e)

Stables. Stables shall be considered accessory nonresidential structures and shall meet the setback requirements as set forth in the zoning district in which they are located.

(Zoning Ord., § 700.02; Ord. No. 2009-23, § 700.02, 1-8-2010; Ord. No. 2017-16, § 1(Exh. A), 4-24-2017; Ord. No. 2017-17, § 1(Exh. A), 4-24-2017; Ord. No. 2018-08, § 1(Exh. A), 4-23-2018)

(a)

General.

(1)

Animals and fowl, where permitted in a district, shall be kept only in accordance with city ordinances and codes.

(2)

Adequate measures will be taken to prevent odor, dust, noise, or drainage from becoming a nuisance to uses on other properties. No incinerations of animal refuse shall be permitted on the premises.

(3)

The keeping of exotic or wild by nature animals are specifically prohibited, except by conditional use permit in the A-1, Agricultural District.

(b)

Apiculture. It shall be lawful for any person to keep, permit, or allow to keep honeybees within the corporate limits within permitted districts under the following terms and conditions:

(1)

Principal use. The principal use of the property shall be a single-family dwelling. Beekeeping shall not be allowed in multifamily dwellings, including two-family dwellings.

(2)

Number permitted. The following number of bee colonies may be kept on a tract of land within the city, based upon the size or configuration of the lot on which the apiary is situated:

a.

One-quarter acre or less lot size: One colony.

b.

More than one-quarter acre but less than one-half acre lot size: Two colonies.

c.

More than one-half acre but less than one-acre lot size: Three colonies.

d.

One acre or larger lot size: Four colonies.

e.

Regardless of lot size, where all hives are situated at least 200 feet in any direction from all property lines on the lot on which the apiary is situated, there shall be no limit to the number of colonies.

(3)

Registration required. All honeybee colonies shall be registered with the Arkansas State Plant Board and maintain an active certificate of inspection from such board.

(4)

Africanized honeybees. Africanized honeybees are specifically prohibited.

(5)

Fencing of flyways. In each instance in which any colony is situated within 25 feet of a public or private property line of the tract upon which the apiary is situated, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six feet in height consisting of a solid wall, fence, dense vegetation or combination thereof that is parallel to the property line and extends ten feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.

(6)

Water. Each beekeeper shall ensure a convenient source of water is available to the bees at all times during the year so that the bees will not congregate at swimming pools, pet watering bowels, bird baths, or other water sources where they may cause human, bird, or domestic pet contact.

(c)

Hobby chickens. It shall be lawful for any person to keep, permit, or allow hobby chickens within the corporate limits within permitted districts under the following terms and conditions:

(1)

The principal use of the property shall be a single-family dwelling. No hobby chickens shall be allowed in multifamily dwellings, including two-family dwellings.

(2)

Number permitted. No more than four hens shall be allowed for each single-family dwelling.

(3)

No roosters shall be allowed under the provisions of this section.

(4)

Outside slaughter of birds is specifically prohibited.

(5)

Enclosure placement and area.

a.

All hens must be kept in a secured, fenced enclosure constructed with a minimum area of 100 square feet.

b.

Hen enclosures shall to be kept in side and rear yard area. Enclosures are prohibited in the front yard area.

c.

All hen enclosures shall be kept a minimum of 25 feet away from neighboring dwellings, measured from the adjoining property line.

(6)

Enclosures shall be kept in a neat and sanitary condition at all times and must be cleaned on a regular basis to prevent offensive odor.

(7)

All food used for chickens shall be kept in a suitable container with a tight-fitting cover so as to be inaccessible to rodents.

(8)

Applicability. The above regulations are not intended to apply to indoor birds kept as pets, such as, but not limited to, parrots or parakeets. Further, these regulations are not intended to preclude the lawful transportation of fowl through the corporate limits of the city. Neither shall these regulations apply to fowl kept in areas of the city which are zoned A-1, Agricultural.

(d)

Livestock. The following provisions apply to livestock:

(1)

The keeping of livestock within the corporate limits of the city of Bella Vista shall be limited to the A-1, Agricultural District as a use by right.

(2)

The keeping of livestock in the R-E, Residential Estates District shall be allowed by conditional use permit only.

(3)

All livestock shall be kept in pens or enclosures that shall be kept a minimum of 150 feet away from any residence or business establishment; provided, however, that this restriction shall not apply to a residence or business of the livestock's owner.

(4)

All livestock pens or enclosures shall be maintained and kept in such condition as not to become unsanitary, offensive, or disagreeable to persons residing in the vicinity thereof, nor shall they be so maintained or kept to permit the breeding of flies or in any manner cause injury to the health or comfort of the public or any person working or residing in the vicinity of said pen or enclosure. Manure or refuse shall be promptly removed and disposed of after each cleaning.

(5)

Fencing for livestock pens or enclosure shall be subject to the limitations of section 109-247. Additionally, fencing shall be of an appropriate design and material for proper constraint of the livestock.

(6)

Pens and enclosures for livestock shall meet the following minimum dimensional requirements:

a.

Horses, cows, swine, and other large livestock. Enclosures for horses, cows, swine, and other large livestock shall be a minimum of one acre in area for the first such animal. Each additional two animals shall require an additional one acre in area.

b.

Sheep, goats, and other small livestock. Enclosures for sheep, goats, and other small livestock shall be a minimum of one-half acre in area for the first such animal. Each additional two animals shall require an additional one-half acre.

(Zoning Ord., § 700.03; Ord. No. 2009-23, § 700.03, 1-8-2010; Ord. No. 2013-13, § 700.03, 1-3-2014)

(a)

An art gallery, library, museum or similar facility shall be located not less than 50 feet from any other property in a residential district, if permitted as a conditional use.

(b)

When located in said district, the facility shall have its primary vehicular entrance and exit on a major street or on another thoroughfare within 150 feet of its intersection with a major street.

(Zoning Ord., § 700.04; Ord. No. 2009-23, § 700.04, 1-8-2010)

(a)

Automobile, go-cart, miniature auto, racing or driving tracks shall be located not less than 2,000 feet from any residential district, if permitted as a conditional use.

(b)

A solid fence or wall at least eight feet high shall be erected on the boundary with the residential district.

(Zoning Ord., § 700.05; Ord. No. 2009-23, § 700.05, 1-8-2010)

A bed and breakfast shall be allowed with a conditional use permit only in the A-1, Agricultural District. It shall be a permitted use in the R-O and all commercial zones. All applications for a bed and breakfast shall comply with the following requirements:

(1)

A bed and breakfast shall be considered to be a single-family residential structure and shall not be treated as a hotel, and shall not operate as a restaurant.

(2)

A bed and breakfast shall be owner-occupied, with a maximum of four outside employees permitted to help operate the business.

(3)

A bed and breakfast shall conform to all federal, state, and local laws and regulations concerning health, safety, licensing, nondiscrimination, or any other applicable law or regulations.

(4)

A bed and breakfast shall have a working smoke detector in every sleeping room and a fire extinguisher in proper working order on every floor.

(5)

No significant or substantial landscaping or structures shall be removed to provide the required parking.

(6)

Prior to occupancy as a bed and breakfast, inspections shall be made by a building inspector, the fire inspector and any other inspection required by state and federal laws.

(7)

A site plan of the property and a building floor plan shall be submitted with the application for a conditional use permit showing entryways, guest room locations, exits, location of smoke detectors, fire extinguishers, and any other information required by the planning commission or the mayor or his designee.

(8)

One sign is permitted for each bed and breakfast facility.

(9)

A maximum of five bedrooms may be available for rental for a maximum of five consecutive nights to any one guest and breakfast may only be served to registered guests. The price of breakfast shall be part of the rental fee.

(10)

There shall be no individual cooking facilities for guests.

(11)

Off-street parking requirements shall be two spaces per dwelling plus one space for each guest room available for rental.

(12)

The facilities shall not be rented for receptions, parties, weddings or similar activities unless potential negative impacts, including, but not limited to, traffic, parking and noise, have been addressed and the activity is specifically permitted in the use permit.

(13)

Prior to any functions located at the bed and breakfast, the mayor or his designee shall be contacted and a temporary permit requested. At this time the proposed activity will be evaluated, and if allowed, a temporary permit will be issued for that particular event with a set time period, not to exceed three days. A maximum of four temporary permits may be issued per year.

(14)

The planning commission may revoke any conditional use permit granted under this section for violation of any condition of the permit or if the facility shall become a nuisance to the community in which it is located.

(Zoning Ord., § 700.06; Ord. No. 2009-23, § 700.06, 1-8-2010; Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

(a)

Vehicle wash service establishments shall provide paved parking space on the lot for not less than five vehicles, plus stacking space for no less than ten vehicles.

(b)

Where any such use is located on a zoning lot abutting a residential district, any entrance to such establishment or exit shall be by way of a major street. If located on the boundary with the residential district, a solid fence or wall at least eight feet high shall be erected along the property line subject to zoning regulations.

(c)

Wastewater from such establishments shall not be allowed to run into the street or storm sewer; such discharge of wastewater shall be into an approved sanitary sewer.

(Zoning Ord., § 700.07; Ord. No. 2009-23, § 700.07, 1-8-2010)

(a)

Child care is permitted in all residential zones.

(b)

Commercial child care. The following provisions apply to commercial child care facilities:

(1)

Commercial day care centers, pre-schools, kindergartens, and nurseries must be operated from structures that are commercial in nature or operated within a religious facility.

(2)

A conditional use permit is required for all commercial day cares operating within a religious facility or in A-1 District.

(c)

Child care facilities shall be limited by the requirements of the State of Arkansas in licensing such a facility, and shall otherwise comply with all area regulations established for the district in which such facility is located.

(Zoning Ord., § 700.08; Ord. No. 2009-23, § 700.08, 1-8-2010; Ord. No. 2017-16, § 1(Exh. A), 4-24-2017)

A private garage located in any residential district shall not be used for storage of more than one commercial vehicle that is owned by the property occupant and does not exceed 1½ tons rated capacity per premises.

(Zoning Ord., § 700.09; Ord. No. 2009-23, § 700.09, 1-8-2010)

Any public gathering facility shall be subject to the following conditions:

(1)

Vehicular access. When located in any residential district or on a zoned lot contiguous to an R District, such facility shall have its principal vehicular entrance and exit on a major street or on another thoroughfare within 150 feet of its intersection with a major street.

(2)

Site plan. The site plan must be approved by the planning commission.

(Zoning Ord., § 700.10; Ord. No. 2009-23, § 700.10, 1-8-2010)

Emergency housing units may be approved as a conditional use in all districts, for the purpose of providing temporary accommodations for persons in need of daily assistance due to health or emergency reasons. The following regulations shall apply to emergency housing units:

(1)

Hardship. Before approving a conditional use for an emergency housing unit, the planning commission shall determine that the applicant has a special need to provide temporary, nearby living quarters due to an act of god or for a relative or employee who needs daily assistance due to health reasons. The applicant shall provide proof of such hardship, evidenced by a letter from a physician or other appropriate professional. The commission shall also determine that allowing an emergency housing unit would alleviate a social, economic or physical hardship for the resident of the principal dwelling or the resident of the emergency unit. Consideration of the effect on adjoining property shall also be factored into the commission's decision. A permit granted for such purposes shall expire no later than one year from the date of approval. The commission may approve a one-time extension of up to one year of this period if the applicant applies for such extension within the original one-year time period.

(2)

Unit type. Only manufactured housing units may be approved for emergency placement.

(3)

Removal. Upon expiration of a conditional use permit for an emergency housing unit, the unit shall be promptly vacated, and within 90 days of permit expiration, be removed from the premises.

(Zoning Ord., § 700.11; Ord. No. 2009-23, § 700.11, 1-8-2010)

(a)

Permitted. Home occupations are permitted in accordance with the following provisions:

(1)

The home occupation is located completely within the principal dwelling unit.

(2)

The home occupation is solely operated by the owner and occupant of the dwelling. No non-resident persons are employed.

(3)

The home occupation is not primarily a retail sales operation.

(4)

The home occupation does not occupy more than 25 percent of the gross habitable ground floor area of the principal dwelling unit.

(5)

The home occupation does not display merchandise or have outside storage of equipment or materials.

(6)

The home occupation does not alter the external appearance of the principal dwelling unit.

(7)

The home occupation does not create noise, vibration, glare, fumes, electromagnetic interference, odors, or air pollution outside the principal dwelling unit.

(8)

The home occupation does not involve the storage of hazardous materials.

(9)

The home occupation will not cause more than one customer vehicle to be parked in the vicinity of the principal dwelling unit at a time.

(10)

The home occupation does not involve the external or visible manufacturing of goods on site.

(b)

Examples of allowed home occupations. Activities conducted principally by telephone, computer, facsimile or mail; studios where handicrafts or objects of art are produced; dressmaking or apparel alterations; barber or beauty shop with one chair; independent consultants including Mary Kay, Pampered Chef, Avon, etc.

(c)

Examples of prohibited home occupations. Eating and drinking establishments, commercial sales or leasing of vehicles, rest home, clinic, doctor or dentist office, any use that requires employees who are not the sole owner or occupant of the dwelling, residential child care, any use that requires a building code upgrade (i.e., from residential standards to commercial standards) to accommodate the home occupation.

(d)

Hobbies. Hobbies conducted solely within the confines of a structure with no external impacts whatsoever, are not considered home occupations, even if occasional items are sold on the premises or transported away from the premises for sale.

(Zoning Ord., § 700.12; Ord. No. 2009-23, § 700.12, 1-8-2010)

Any and all hospitals shall be subject to the following conditions:

(1)

No building, work area or recreation area shall be nearer to a zoned lot in any residential district than 100 feet.

(2)

There shall be a screening wall, at least eight feet tall, adjacent to any zoned lot in an A or R District that is well maintained and in good condition.

(Zoning Ord., § 700.13; Ord. No. 2009-23, § 700.13, 1-8-2010)

The following requirements apply to all charitable, cultural, education, recreation, health, institutional, religious, social and similar nonresidential facilities where permitted in or abutting any residential district. Separation of structures or areas for uses listed below from the nearest other property line in an R District shall be as follows:

(Zoning Ord., § 700.14; Ord. No. 2009-23, § 700.14, 1-8-2010)

(a)

Sewage treatment plants or sludge-drying beds are conditional uses in designated zones.

(b)

Before this conditional use may be granted, a single, specific, legal, responsible entity must be assigned the specific responsibility for upkeep and maintenance of the facility. This responsibility must be a condition for the use to be allowed.

(c)

Any sewage treatment plant or sludge-drying bed must be approved by the Arkansas Department of Health, the Arkansas Department of Pollution Control and Ecology, the city planning commission, the city council, and any other appropriate state or federal agency which has jurisdictional control, prior to approval of the conditional use.

(Zoning Ord., § 700.15; Ord. No. 2009-23, § 700.15, 1-8-2010)

Sexually oriented and adult entertainment businesses are only considered to be allowed in the I-2 District, where they may be allowed as a conditional use subject to the following:

(1)

Separation requirement. The building housing an adult entertainment use shall not be located within 2,640 feet of any other adult entertainment use. This 2,640-foot area shall be defined by a radius of 2,640 feet measured from the exterior wall of the subject building.

(2)

Additional separation. No sexually oriented business may be operated within 2,640 feet, measured in a straight line, without regard to intervening structures or objects, from the nearest property line of the sexually oriented business to the nearest property line of the following:

a.

A church;

b.

Any school or child care facility;

c.

A boundary of all residential districts;

d.

A public park, family recreation center; bowling alley, or skating rink;

e.

A hospital;

f.

Any properties listed on the National Register of Historical Places or local historic districts as identified by the Arkansas Historic Preservation Program;

g.

Another sexually oriented businesses;

h.

Any building premises, private club or establishment that sells or dispenses any alcoholic beverage.

(3)

Prohibited activities. An adult entertainment use shall not be conducted in any manner that provides the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," from any public right-of-way. This provision shall apply to any and all displays, decorations or show windows.

(4)

Subsequent location of certain other uses. A lawfully operating sexually oriented business shall not be rendered illegal by the subsequent location of a church, a school, a pre-school, a child care facility, a public park, a family recreation center, a bowling alley, a skating rink, residential zoning, a residential use, or an establishment selling or dispensing alcohol.

(Zoning Ord., § 700.16; Ord. No. 2009-23, § 700.16, 1-8-2010)

(a)

Up to two temporary classrooms may be permitted for public or private schools with expansion needs. Said classrooms shall meet local codes and ordinances.

(b)

Time limits. Said buildings shall be removed within 30 days after construction of any permanent structure intended for expansion purposes is complete. The temporary classrooms shall not be allowed for more than 18 months, unless expressly authorized by the planning commission.

(Zoning Ord., § 700.17; Ord. No. 2009-23, § 700.17, 1-8-2010)

Temporary uses, buildings and structures, not used for dwelling purposes, may be placed on a lot or parcel and may be occupied only under the following conditions:

(1)

Conditional use permit required. A temporary use such as a carnival, circus, church tent revival, temporary tent sales, sales using non-permanent temporary structures, and outdoor sales or service activity or similar temporary uses that do not meet the exemption requirements shall be permitted only in a nonresidential zoning district subject to the following;

a.

No facilities shall be located nearer to a residential dwelling than 400 feet.

b.

The site shall have access drives so located as to minimize traffic hazards.

c.

The applicant shall show that adequate measures will be taken to prevent odor, dust, noise, lights, and traffic from becoming a nuisance to adjacent properties.

d.

Each conditional use permit for such an enterprise shall be valid for a period of not more than 15 days and shall not be permitted for more than two such periods for the same location within any one calendar year.

(2)

Exemption. Temporary uses located in temporary structures will not require a Conditional use permit if they meet the following requirements:

a.

The use or structure shall not exceed three days in a 12-month time period.

b.

The temporary structure shall not exceed 800 square feet in size and shall not create a traffic hazard.

(Zoning Ord., § 700.18; Ord. No. 2009-23, § 700.18, 1-8-2010)

(a)

A wrecker service is a business enterprise from which wrecker vehicles are dispatched to tow or haul inoperable or wrecked motor vehicles, and may or may not include the temporary storage, for a period not to exceed 30 days, of such vehicles.

(b)

All temporary storage of said wrecked or inoperable motor vehicles shall be screened entirely within an enclosed opaque fence or wall, except driveway areas, eight feet in height, and contain no advertising thereon. Temporary storage between the street and such fence, or on the street right-of-way, is expressly prohibited.

(Zoning Ord., § 700.19; Ord. No. 2009-23, § 700.19, 1-8-2010)

(a)

Applicability. Wireless communication may not be constructed, erected, moved, enlarged, or substantially altered in any zoning district unless allowed as a conditional use, except in accordance with the provisions of this section.

(1)

Exemptions and exclusions.

a.

Repainting of a wireless communication facility shall not, in and of itself, be considered a substantial alteration.

b.

Communications towers and antennas not exceeding 70 feet in height and that are customarily associated with residential uses (not of a commercial nature) shall not be subject to these regulations. Such towers and antennas include receive-only antennas and towers and antennas used for private use such as ham radio operation.

(2)

Permitting required. Except for instances where approval can be issued administratively as outlined in subsection (b)(2) of this section, all wireless communication facilities must fulfill the conditional use permitting procedures found in article II of this chapter, in addition to the proceeding requirements.

(b)

Administrative approvals.

(1)

If plans submitted for an administrative approval include sufficient detail that the planning and development director, or the director's designee, can determine whether the proposed wireless communication facility complies with the provisions of this section, then issuance of the requested administrative approval shall constitute development approval of the proposed wireless communication facility.

(2)

Minor wireless communication facilities. The planning and development director, or the director's designee, following an administrative review and without requiring the issuance of a conditional use permit may approve the following:

a.

Installation of an antenna on an existing structure other than a tower (such as a building, sign, light pole, electric transmission tower and similarly scaled public utilities facilities, water tower, or other freestanding nonresidential structure), provided that the addition of the antenna does not add more than 20 feet to the height of the existing structure.

b.

Installation of an antenna on an existing tower of any height, and the placement of additional buildings or other supporting equipment used in connection with such additional antenna, so long as the proposed additions would add no more than 20 feet to the height of the existing tower and would cause no more than 25 percent increase in the square footage occupied by the communication facility. The addition or modification, to the extent possible, should be designed to minimize visibility.

(c)

Conditional use permits.

(1)

In granting a conditional use permit, the planning commission may impose conditions to the extent necessary to minimize any adverse effect of properties nearby the proposed tower location.

(2)

Any information submitted to the planning commission that relates to engineering matters shall be certified by an engineer licensed or registered by the State of Arkansas who is familiar with the design and erection of towers prior to submission. All submitted supporting documentation must be signed and sealed by the appropriate licensed professionals.

(3)

Application. The applicant requesting a conditional use permit for a wireless communication facility at the time of submittal shall submit the following information:

a.

Plans shall fulfill the requirements for conditional use permits as required under section 109-38(d)(1);

b.

Applications shall fulfill the requirements for wireless communication facilities as required under section 107-281(b)(2);

c.

Applications shall be accompanied by a Federal Aviation Administration determination of no hazard to air navigation;

d.

The site plan shall contain information showing the property boundaries, existing land use, surrounding land uses and zoning, access road location and surface material, existing structures on the site, existing residential dwelling units located within a distance equal to the height of the proposed tower, proposed structures, and topography;

e.

The proposed structures must contain information regarding any tower guy wire anchors and other apparatus needed for support; and

f.

Plans must also indicate proposed landscaping, fencing, parking areas, location of any signage and specifications on proposed lighting of the facility.

(4)

Review criteria. In addition to the standard review criteria established under section 109-38(e), the following factors will be considered in granting a conditional use permit. The planning commission may waive or reduce the burden upon the applicant for one or more of the following criteria if it is determined that the goals of this chapter would still be served thereby.

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the tower, with particular attention paid to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and

g.

Availability of suitable existing towers and other structures.

(d)

General guidelines. In addition to the general guidelines for wireless communication facilities in section 107-281(c), applicants seeking conditional use permits must also demonstrated compliance with the following:

(1)

Antennas and towers may serve either principal or accessory uses. A different or existing use or an existing structure on the same lot shall not prohibit the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with applicable development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.

(2)

All towers must meet or exceed the then current federal standards and regulations of the FAA, the FCC, and any other agency of the federal or state government with the authority to regulate towers and antennas and the construction and specifications thereof. If such standards and regulations are changed, then the tower and antenna owners governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal or state agency. Failure to timely bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for removal of the tower or antennas at the owner's expense and/or grounds to terminate or not renew the owner's conditional use permit.

(3)

To ensure the structural integrity of towers, the owner of a tower shall construct and maintain the tower in compliance with standards contained in applicable local building codes and the applicable then current standards for towers that are published by the Electronic Industries Association, as amended from time to time. To this end, prior to the initial issuance or the renewal of any permit, the tower shall be certified by a professional engineer licensed and/or registered by the State of Arkansas and knowledgeable in the design and/or registered by the State of Arkansas and knowledgeable in the design and/or analysis of towers as being safe and meeting all applicable codes and standards. If upon inspection, the building inspector concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon written notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within 30 days, the governing authority may terminate that owner's conditional use permit, cause that owner's permit to not be renewed, and/or cause the removal of such tower (at the owner's expense).

(4)

Accessory equipment, either mobile or immobile, not used in direct support of a communication facility, shall not be stored or parked on the communication facility, unless repairs to the tower are then currently in progress.

(e)

Setbacks and separation. The following requirements shall govern the setbacks applied to the location of towers and antennas within allowable zoning districts.

(1)

Accessory facilities, towers, guy wires and other support devices must satisfy the minimum zoning district setback requirements.

(2)

Towers must be set back away from existing residential structures a minimum distance equal to the height of the proposed tower. Such setback is measured from the center of the tower location to any residential structures within the setback required.

(f)

Tower and antenna height limitations. Wireless communication facility towers, including any provisions for a lightning rod, shall be limited a maximum height of 199 feet. All other proposed structures shall be subject to the maximum height limitations of the zoning district.

(g)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required. The landscaping requirements set forth in this section are required for telecommunication tower and antenna sites only.

(1)

Communication facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the communication facility from adjacent properties.

a.

Along the street frontage a minimum buffer of ten feet in width shall be provided, planted with a minimum of one evergreen tree and four shrubs per 25 linear feet of street frontage.

b.

The remaining perimeter shall consist of a continuous landscaped area around the communication facility. This shall consist of at least two courses of evergreen trees that are, at the time of initial planting, at least six feet in height.

(2)

Existing mature tree growth and natural landforms on or surrounding the communication facility shall be preserved to the maximum extent possible. In some cases (such as for towers situated on large, wooded lots), natural growth around the property perimeter may be a sufficient buffer. In such cases, the requirements listed in subsection (g)(1) of this section may be waived.

(h)

Aesthetics. The following guidelines shall govern the aesthetics of all towers and antennas, provided however, that the planning commission may waive these requirements, upon a completed waiver application, where it is determined that the goals of this article would be better served thereby.

(1)

Lighting. Lighting of tower and antenna shall meet the following requirements:

a.

Towers shall be artificially illuminated if required by the FAA or other applicable authority or the governing authority. If artificial lighting is required, the lighting design and intensity chosen should be that which complies with the applicable guidelines, yet causes the least disturbance to the surrounding and nearby properties.

b.

Security lighting or motion activated lighting may be used around the base of a tower and within the telecommunication facility, provided that the lighting is shielded in such a way that no light is directed towards adjacent properties or rights-of-way.

(2)

Stealth technologies. This article encourages creative design measures to camouflage facilities by integrating them with existing buildings and among other existing uses. Based on this, the color and design of towers and antennas shall meet the following requirements:

a.

Towers shall be maintained with a galvanized steel finish, wood laminate or, subject to any applicable FAA standards, be painted a neutral color so that visual obtrusiveness is minimized.

b.

The design of buildings and related structures within a telecommunication facility shall, to the extent possible, utilize building materials; colors, screening, and landscaping that will camouflage and blend the tower and related facilities into the natural and/or surrounding environment.

c.

If an antenna is to be attached to a supporting structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a color closely compatible with the color of the supporting structure.

(i)

Abandoned antennas or towers. Any tower no longer in use for its original communications purpose or any tower for which a conditional use permit has been, for any reason, terminated or not renewed shall be considered abandoned. The owner of the tower shall provide the governing authority with a copy of any notice given to the FCC relating to its intent to cease operations.

(1)

The telecommunication facility and all accessory structures shall be dismantled and removed at the owner's expense within 90 days of the date of cessation of operations. Failure to timely remove these facilities shall constitute a nuisance under this Code subjecting the owner and/or users to a fine not exceeding $500.00. Each day of delinquency shall constitute a new violation. Upon removal, the tower owners shall re-vegetate the telecommunication facility site to blend with the existing surrounding vegetation at their expense.

(2)

In the case of multiple antenna operators sharing use of a single tower, the provisions of this section regarding removal of abandoned towers shall not become effective until all users have ceased communications operations, provided all other provisions of this section are fully complied with.

(3)

All obligations imposed by this article shall be the obligation of the applicant and, if applicable, the lessee of the property upon which the tower and/or antenna are located. Prior to colocation of a site, the original applications shall sign an agreement where co-locators accept full site maintenance in the event that the original applicant abandons the site. In the event that any tower or antenna is not properly and timely removed as required hereunder, then the city may proceed to remove the abandoned tower and/or antenna and the communication facility, in general, and thereafter recover the costs of removal, together with the costs of enforcement of this article (including reasonable attorney's fees), from the applicant.

(j)

Notification of change of ownership/operator. Upon assignment or transfer of a conditional use permit or any of the rights thereunder to a new wireless telecommunication operator, the owner or operator shall provide written notice within 30 days to the planning and development director.

(Zoning Ord., § 700.20; Ord. No. 2009-23, § 700.20, 1-8-2010; Ord. No. 2010-10, § 700.20, 10-2-2010; Ord. No. 2013-15, § 700.20, 1-24-2014; Ord. No. 2015-18, § 1, 8-24-2015; Ord. No. 2024-23, § 1(Exh.), 11-25-2024)

(a)

Applicability. The construction of docks, boathouses, and dockside recreational improvements shall be allowed as a use permitted by right in all zoning districts. However, all construction of such facilities will be subject to the provisions of this section and applicable building, electric, plumbing, fuel gas, and mechanical codes currently enforced by the city.

(b)

Permit requirements. Construction of docks, boathouses, and other dockside recreational improvements requires the submission of a plot plan of the site and scaled drawings on the proposed structures.

(c)

Unimproved lots. Applicants requesting construction covered under this section on an adjoining, unimproved lot must submit proof of ownership with the application. Docks, boathouses, and other dockside recreational improvements must be constructed on a lot adjoining a second lot upon which the owner of both lots has previously constructed a residential or commercial structure.

(d)

Side setback infringement. Construction of docks, boathouses, and other dockside recreational improvements may not infringe on the side building setbacks required for the district in which they are located. This provision is not subject to appeal to the planning and development director for a minor modification variance under section 109-42(b).

(e)

Size limitations.

(1)

Structures parallel to the shoreline of the body of water can extend a maximum of 18 feet into the body of water. Structures may not infringe into side building setbacks as provided in subsection (d) of this section.

(2)

Structures perpendicular to the shoreline can extend a maximum of 18 feet from the shoreline into the body of water or a maximum of 15 percent of the distance across the body of water, whichever is less. Structures may not infringe into side building setbacks as provided in subsection (d) of this section.

(f)

Prohibited materials.

(1)

Piers and parts of the structures covered under this section that come into contact with the body of water may not be constructed of treated wood, railroad ties, or other materials that could leach chemicals into the body of water, unless they are elevated a minimum of one foot above the normal pool elevations established in subsection (h) of this section.

(2)

Barrels or pontoons are not permitted for floatation.

(3)

Wood piers are not allowed unless encapsulated in concrete a minimum of one foot above the normal pool elevations established in subsection (h) of this section.

(g)

Material requirements.

(1)

Any wood which is in constant contact with water must be cypress, cedar, or redwood.

(2)

Dock skirting must be cypress, cedar, or redwood.

(3)

Any Styrofoam or equivalent material must be encapsulated in a polyethylene shell or an approved equal material. Approved equals must be submitted for review by the city at time of application.

(h)

Minimum elevation requirements. The following elevations are hereby established as the normal pool elevation for water bodies within the city:

(Zoning Ord., § 700.21; Ord. No. 2009-23, § 700.21, 1-8-2010; Ord. No. 2011-17, § 700.21, 12-28-2011; Ord. No. 2015-18, § 1, 8-24-2015; Ord. No. 2023-36, § 1, 6-26-2023; Ord. No. 2024-23, § 1(Exh.), 11-25-2024)

General. Driveway, sidewalks, walls, primary or accessory buildings, or structures shall not be erected over or infringe upon an existing or proposed septic system or septic leach field unless otherwise provided below.

(1)

Setbacks.

a.

Property lines. Septic systems or septic leach fields may be located no closer than ten feet to a property line.

b.

Primary buildings. Ten feet of separation must be maintained between all primary buildings and existing or proposed septic systems and septic leach fields.

c.

Accessory buildings.

1.

Ten feet of separation must be maintained between all accessory buildings with permanent foundations and existing or proposed septic systems and septic leach fields.

2.

Accessory buildings with skids or other non-invasive foundations are allowed to intrude on existing or proposed septic systems and septic leach fields on a case by case basis as determined by the Arkansas Department of Health.

d.

Other structures. Footings for decks or structures with pier or column foundations shall maintain five feet of separation between existing or proposed septic system and septic leach fields.

(2)

Land with access to water bodies.

a.

Lots or parcels with access to water bodies shall maintain a 100-foot setback away from the edge of water or property line which abuts the body of water, whichever is greater, for any existing or proposed septic system and septic leach field without an Arkansas Department of Health approved pretreatment system.

b.

Lots or parcels with access to water bodies shall maintain a 25-foot setback away from the edge of water or property line which abuts the body of water, whichever is greater, for any existing or proposed septic system and septic leach field with an Arkansas Department of Health approved pretreatment system.

(Zoning Ord., § 700.22; Ord. No. 2009-23, § 700.22, 1-8-2010; Ord. No. 2011-17, § 700.22, 12-28-2011; Ord. No. 2015-18, § 1, 8-24-2015; Ord. No. 2024-23, § 1(Exh.), 11-25-2024)