The various use units referred to in the zoning district provisions are listed in numerical order. Each use unit provides a description of the uses which are permissible within each unit. In general, these descriptions indicate industry types.

(Ord. No. 3374, § 1, 9-9-03)

In any case where there is a question as to whether or not a particular use is included in a particular use unit, the planning and community development director shall decide. Any person or persons aggrieved by the decision of the planning and community development director may appeal the decision to the board of adjustment for final interpretation.

(Ord. No. 3374, § 1, 9-9-03)

Unit 1, citywide public uses by right

Unit 2, citywide uses by conditional use permit

Unit 3, utility facilities

Unit 4, cultural, recreation and health facilities

Unit 5, institutional facilities

Unit 6, agriculture

Unit 7, animal husbandry

Unit 8, single-family dwellings

Unit 9, zero lot line

Unit 10, townhouse

Unit 11, duplexes

Unit 12, high density residential

Unit 13, three and four family residential

Unit 14, medium density single family affordable housing (SF4)

Unit 15, manufactured home park

Unit 16, offices, studios and related services

Unit 17A, Unit 17B, eating places

Unit 18, hotel, motel and entertainment facilities

Unit 19, neighborhood shopping goods

Unit 20, shopping goods

Unit 21, trades and services

Unit 22, automotive services

Unit 23, commercial large sites

Unit 24, dedicated warehousing

Unit 25, limited manufacturing

Unit 26, general industrial

Unit 27, parking lot

Unit 28, home occupation

Unit 29, home office

Unit 30, recreational vehicle park

Unit 31, recycling collection facilities

Unit 32, temporary buildings

Unit 33, self-supporting tower, antenna structure or monopole

Unit 34, model home/temporary marketing office

Unit 35, transportation services

Unit 36, horses kept in residential areas

Unit 37, auction houses

Unit 38, open display retail sales

Unit 39, temporary storage units

Unit 40, temporary classrooms

Unit 41, automobile sales

Unit 42, church synagogue

Unit 43, automobile sale—Damaged vehicles

Unit 44, mobile vending site

Unit 45, health care clinic

Unit 46, flea market, indoor

Unit 47, flea market, outdoor

Unit 48, automotive, machinery, and equipment open display retail sales

Unit 49, commercial assembly

Unit 50, agricultural occupation

Unit 51, airport hanger with flight crew quarter

Unit 52, food truck courts

Unit 53, transitional housing

(Ord. No. 3423, § 2, 12-9-03; Ord. No. 3771, § 2, 10-11-05; Ord. No. 4024, § 12, 2-13-07; Ord. No. 4597, 6-12-12; Ord. No. 4922, § 1, 5-26-15; Ord. No. 5168, § 1, 4-25-17; Ord. No. 5356, § 1, 2-26-19; Ord. No. 5727, § 1, 6-14-22)

Public uses, essential public services, open land uses, and similar uses, which are subject to public controls. These uses include:

Public facilities recommended by the comprehensive plan

Essential services located within the public rights-of-way

Water facilities including reservoirs and flood control projects

Specific uses:

Fire station

Historical marker

Park area

Parkway

Police station

Watershed, conservation of flood control project

(Ord. No. 3374, § 1, 9-9-03)

Public and private uses which may be conducted anywhere in the territorial jurisdiction, but which can be objectionable to nearby uses due to noise or smell and are, therefore, permitted subject to conditional use permits in all districts.

Specific uses:

Airport, flying fields and heliport

Cemetery, mausoleum

Circus and tent revival, temporary

Nursery, landscaping, horticultural and plant

Public transportation facilities

Real estate sales office, temporary

Recycling center

Sanitary landfill

Sewage disposal facility

Solid waste disposal facility

(Ord. No. 3374, § 1, 9-9-03)

Public protection and utility equipment which: (a) is ordinarily not located in street right-of-way and can be significantly objectionable to nearby residential, commercial, and light industrial uses; and (b) have requirements for specific locations or are needed to serve residential neighborhoods or other local areas. These uses include facilities of public service corporations other than offices.

Specific uses:

Facilities of public service corporations

Electric regulating station

Pressure control station

Transmitting station or tower, radio, telephone, television

Other utility and protective facilities

Airway beacon

Electric regulating station

Fire protection

Police protection

Public utility maintenance building, warehouse, or storage building

Water treatment plant, storage facility

Wastewater treatment pumping stations

Railroad rights-of-way

Communication and utility transmission line rights-of-way

(Ord. No. 3374, § 1, 9-9-03)

Cultural, recreational and health facilities which serve the residents of the community. These uses are typically public in nature but may also be private.

Included uses:

Cultural and recreational facilities typical of public and private parks

Community health facilities/hospitals

Specific uses:

(Ord. No. 3374, § 1, 9-9-03)

Main facilities of local, state or federal government agencies, including educational facilities ranging from nursery school to universities and including dormitories, stadiums and other supporting facilities.

Specific uses:

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 3532, § 2, 7-13-02)

Establishments (farms, orchards, greenhouses, nurseries, etc.) primarily engaged in the production of crops, plants, vines and trees. Also included are crop preparation services which are primarily engaged in performing a variety of operations on crops subsequent to their harvest, with the intent of preparing them for market or further manufacture. The open nature of these areas is also appropriate for cemeteries and related support facilities. Not included are types of animal husbandry as detailed in Unit 7.

Specific uses:

Cemetery, mausoleum

Crematorium

Farm, crop, egg and truck

Landscape, horticulture and plant nursery

Sorting and packing of fruit and vegetables

(Ord. No. 3374, § 1, 9-9-03)

Establishments (farms, ranches, dairies, feedlots, egg production facilities, broiler facilities, poultry hatcheries) primarily engaged in the keeping, grazing or feeding of livestock for the sale of livestock or livestock products. Also included are veterinary and other animal services. Recreational uses include riding stables and rodeo grounds. These uses are ordinarily objectionable to other uses and require, therefore, a buffer strip when abutting any commercial or residential district.

Specific uses:

Animal and poultry raising

Animal hospital

Farm: show, breeding, raising and training of animals

Riding stable

Rodeo ground

Veterinarians' treatment area

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 4024, § 13, 2-13-07)

Single-family detached dwellings located in appropriate residential areas.

(Ord. No. 3374, § 1, 9-9-03)

Single family residences which have a zero lot line lot configuration.

Common wall/lot guidelines for zero lot line configurations.

Zero lot line—the wall of the dwelling located on the zero lot line shall have no windows, doors, air-conditioning units, or any other type of openings; provided, however, that, atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three (3) walls of the dwelling unit and a solid wall of at least eight (8) feet in height is provided on the zero lot line. Said wall shall be constructed of the same material as exterior walls of the unit.

In no case shall a zero lot line dwelling be built closer than eight (8) feet from the lot line of a lot not approved for zero lot line development.

A five (5) foot wall maintenance/improvement/drainage easement shall be provided on the lot adjacent to the zero lot line property, which, with the exception of walls and fences, shall be kept clear of structures. The easement shall be shown on the final plat. Roof overhangs may penetrate the easement on the adjacent lot a maximum of twenty-four (24) inches, but the roof shall be so designed that water runoff from the dwelling placed on the lot line is contained within the easement area. Roofs pitched in the direction of the zero lot line shall be guttered.

(Ord. No. 3374, § 1, 9-9-03)

Single family residences which have either a townhouse design or a condominium ownership regime.

Common wall/lot guidelines for townhouse configurations.

Townhouse—Units shall be constructed up to common side lot lines without side yards, and no windows, doors, or other openings shall face a side lot line except that the outside wall of end units may contain such openings. However, where a two-story townhouse adjoins a single-story townhouse, windows may be installed in the second-story wall of the two-story townhouse.

Lots shall be a minimum of forty (40) feet in width when adjacent to or across the street from an R-1, low density residential district or existing single family residences.

Common open space guidelines.

Common open space is not required but may be permitted for the above configurations. If common open space is provided, provisions satisfactory to the planning commission shall be made to assure that non-public areas and facilities, including private streets and parking areas, for the common use of the property owners within a townhouse development, shall be maintained in a satisfactory manner, without expense to the general taxpayers of Springdale, Arkansas. The final protective covenants and property owner's association agreement, which shall include such maintenance provisions, shall be submitted with the final plat and shall be approved by the city attorney as to the form and legal sufficiency, and shall be recorded in the public records of the county. The book and page of the recorded document shall be indicated on the final plat.

Private street requirements.

Private streets may be allowed in these residential developments but shall be constructed in accordance with the requirements of Chapter 110, Article III (Street and Storm Drainage Construction) of the Springdale Code of Ordinances, with the exception that the width shall not be less than twenty-four (24) feet between the faces of the curbs. The right-of-way for a private street shall be a minimum of forty (40) feet. Private streets shall not be included in any minimum yard requirements for townhouses.

(Ord. No. 3374, § 1, 9-9-03)

A detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families.

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 3771, § 1, 10-11-05)

Units of two (2) or more dwelling units which have been grouped separately to allow high density residential development. However, lower density dwelling units, such as two, three or four family dwellings are also allowed.

(Ord. No. 3374, § 1, 9-9-03)

Units of three or four dwelling units

(Ord. No. 3374, § 1, 9-9-03)

The use of single-family residential manufactured homes as defined in this regulation, and/or site built single family residential dwellings, allowing one (1) family per unit. Subject also to article 6, section 2.11.

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 3423, § 2, 12-9-03; Ord. No. 4024, § 14, 2-13-07)

Separate use of mobile and manufactured home parks, in order that they may be located in appropriate residential areas.

(Ord. No. 3374, § 1, 9-9-03)

Offices, studios, medical and dental clinics and labs, and other compatible or supporting business services and sales

Specific uses:

(Ord. No. 3374, § 1, 9-9-03)

Unit 17A: Eating places—Eating places, other than drive-ins, where the principal use is the service of food for consumption on the premises, do not provide dancing, and entertainment is limited to acoustic music entertainment. Acoustic music is music that solely or primarily uses instruments that produce sound through acoustic means, as opposed to electric or electronic means. Performers of acoustic music may increase the volume of their output using electronic amplifiers. However, these amplification devices remain separate from the amplified instrument and reproduce its natural sound accurately. A microphone may be placed in front of an acoustic instrument which is then wired up to an amplifier. Facilities that provide acoustic music entertainment shall not allow the sound of such music to be heard outside the building or in an adjacent structure.

•

Restaurants—Sit down. An establishment in which food or beverages are cooked or prepared and offered for sale and where consumption of alcoholic beverages may be permitted on the premises. Outdoor service must be a well-defined space, designed and services to keep debris from blowing off the premises. (Note—Restaurants must have exterior walls at least two hundred (200) feet from the nearest residentially zoned property line.)

•

Sidewalk café. An outdoor dining area, not enclosed by a fence or other visual barriers in excess of 36 inches in height, placed on a public right-of-way and contains removable tables, chairs, planters or other appurtenances and is abutting/contiguous to a restaurant that performs food preparation, sanitation, and related services for the sidewalk café.

•

Restaurant—With carry-out. An eating establishment in which food or beverages are cooked and/or prepared and offered for sale, where consumption of alcoholic beverages may be permitted on the premises. Outdoor service must be a well-defined space, designed and services to keep debris from blowing off the premises. (Note—Restaurants must have exterior walls at least two hundred (200) feet from the nearest residentially zoned property line.) Drive-up or walk-up service may be permitted and shall be integrally designed into the development with drive-thru lane and/or drive-thru window located adjacent to the public street network or drives. Exterior signage indicates a carry-out service or dedicated parking stalls for carry-out customer parking.

•

Coffee house. An establishment providing coffee and tea as well as light snacks ranging from baked goods to soups and sandwiches, other casual meals, and light desserts.

Allowed in zoning districts as a permitted use: C-1; C-2; C-4; C-5; PUD.

Allowed as a conditional use on appeal: A-1.

Unit 17B: Eating places—Eating places where the principal use is the service of food for consumption on the premises and may provide dancing or entertainment or through an outdoor ordering facility.

•

Restaurants—Sit down. An establishment in which food or beverages are cooked or prepared and offered for sale and where consumption of alcoholic beverages may be permitted on the premises. Outdoor service must be a well-defined space, designed and services to keep debris from blowing off the premises. (Note—Restaurants must have exterior walls at least two hundred (200) feet from the nearest residentially zoned property line.) The establishment may include an area set aside for one (1) or more or any combination of the following: dancing, band, orchestra, disc jockey, karaoke, stage show, or other form of musical or comedy entertainment.

•

Restaurant—With carry-out. An establishment in which food or beverages are cooked or prepared and offered for sale, where consumption of alcoholic beverages may be permitted on the premises. Outdoor service must be a well-defined space, designed and services to keep debris from blowing off the premises. (Note—Restaurants must have exterior walls at least two hundred (200) feet from the nearest residentially zoned property line.) Drive-up or walk-up service may be permitted and shall be integrally designed into the development with drive-thru lane and/or drive-thru window located adjacent to the public street network or drives. Exterior signage indicates a carry-out service or dedicated parking stalls for carry-out customer parking. The establishment may include an area set aside for one (1) or more or any combination of the following: Dancing, band, orchestra, disc jockey, karaoke, stage show, or other form of musical or comedy entertainment.

•

Coffee house. An establishment providing coffee and tea as well as light snacks ranging from baked goods to soups and sandwiches, other casual meals, and light desserts. The establishment may include an area set aside for one (1) or more or any combination of the following: dancing, band, orchestra, disc jockey, karaoke, stage show, or other form of musical or comedy entertainment.

•

Restaurant—Drive-in. An establishment in which food or beverages are cooked or prepared and a patron is served through a window or other device while remaining in a motor vehicle and has an order box, order window, payment window, pickup window, drive-in services stall, or similar point of interaction designed to permit or facilitate the serving of food or beverages directly to patrons in automobiles or other vehicles parked on the premises.

•

Order box, order window, payment window, pickup window, drive-in services stall, or similar point of interaction for the drive-in shall not be located within two hundred (200) feet of any residentially zoned property.

•

A variance to the requirement should consider the following:

•

The likelihood that the residentially zoned property will be developed for a residential use or will continue to be utilized for a residential use in the foreseeable future.

•

The degree to which the current or anticipated use of the residentially zoned property is likely to be sensitive to or affected by the noise, headlight glare, exhaust fumes and litter that may result from the operation of the drive-in or drive-through facility.

•

The degree to which the property containing the drive-in or drive-through facility also contains or is proposed to contain landscaping, fencing, berming, and/or other buffering techniques to lessen the impact of the drive-in or drive-through on the residentially zoned property.

•

The degree to which the residentially zoned property has a site configuration, a building design or other physical features which would lessen the impact of the drive-in or drive-through facility on the residentially zoned property.

•

Adequate passenger car stacking space shall be provided from the order box or order window to ensure that public right-of-way or common driveway easements will not be blocked due to the drive-in or drive-through facility.

Allowed in zoning districts as a permitted use: C-4; C-5; PUD.

Conditional use on appeal in a C-2.

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 5110, § 1, 11-8-16; Ord. No. 5168, § 1, 4-25-17)

Athletic facilities, hotels, motels and certain types of entertainment facilities including restaurants providing dancing, taverns, clubs and lodges.

Specific uses:

(Ord. No. 3374, § 1, 9-9-03)

Establishments providing a variety of frequently purchased commercial goods, where convenience of location is more important than comparative shopping with size of the facility and traffic generation to be considered. These uses are grouped in order that limited commercial uses be permitted adjacent to residential areas. Uses include retail food and drug stores, dry-cleaning and coin-operated laundries, and convenience stores.

Specific uses:

(Ord. No. 3374, § 1, 9-9-03)

Stores selling retail goods, which are ordinarily purchased less frequently and often have a community-wide or regional market. These uses include building materials, hardware, lawn and garden supply, department, variety and general merchandise stores, apparel and accessory stores, furniture, home furnishings and equipment stores. Included are also personal services and transportation services including bus and taxi.

(Ord. No. 3374, § 1, 9-9-03)

Establishments engaged primarily in providing household maintenance and similar services which fulfill recurrent needs of residents of nearby areas, but are generally incompatible with primary retail districts because they break the continuity of retail frontage.

(Ord. No. 3374, § 1, 9-9-03)

Automobile service stations can be significantly objectionable to nearby uses, therefore, such establishments have been allowed only in districts where necessary to provide this use. Additional requirements are stipulated in article 6, section 3.3.

Specific uses:

Auto accessory shop

Auto detail shop

Auto glass, muffler shop

Auto paint or body rebuilding shop

Auto parts and accessories

Auto repair garage

Automobile service station

Car wash

Parking garage

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 4857, § 1, 11-25-14)

Commercial facilities, which are usually operated out-of-doors, on large sites, in undeveloped, outlying parts of the city. Uses in this unit have an adverse effect on certain other uses, in that they are often noisy and generate large amounts of traffic. These uses include fairgrounds, amusement parks, go-cart tracks and drive-in theaters. Due to extreme noise levels, racetracks, drag strips and similar facilities are not included.

Specific uses:

Amusement park

Convenience store, with or without gas pumps

Driving range

Drive-in theater

Fairgrounds

Go-cart track

Miniature golf

Rifle range

Skate board parks

(Ord. No. 3374, § 1, 9-9-03)

Warehousing establishments or places of business primarily for the storage of goods and materials.

Warehouses

Wholesale establishments

(Ord. No. 3374, § 1, 9-9-03)

Industrial uses, which usually generate limited environmental impact. Generally these uses involve the assembly, fabrication, packaging and processing of previously prepared materials. These uses include fabricated metal products, fabricated structural products, extruded plastics and textile products.

Specific uses:

Amusements manufacturing

Athletic goods manufacturing

Bottle gas distributor

Extruded plastics manufacturing

Fabricated wire products manufacturing

Fire-control equipment manufacturing

Fuel dealer and fuel oil sales

Guns and related equipment manufacturing

Hardware products manufacturing

Heating and air-conditioning apparatus, fabricated

Ice manufacturing

Machinery manufacturing

Musical instruments manufacturing

Scientific research, testing or experimental albs

Silverware manufacturing

Sporting goods manufacturing

Transportation equipment manufacturing

(Ord. No. 3374, § 1, 9-9-03)

Uses which cause the greatest adverse environmental effects because of odor, noise, unsightliness and/or air pollution. Many of these uses involve the processing of raw materials. Permitted uses include all industrial uses not otherwise listed, subject to approval by the building inspector as an industrial use.

Specific uses:

Agricultural products processing

Foundry and metal works

Grain elevator or feed meal

Metal cans manufacturing

Other industrial uses not prohibited

Plated ware manufacturing

Sawmill

Tanks manufacturing

Textile products manufacturing

Toys manufacturing

Prohibited uses:

Animal fats and oils rendering

Vehicle and equipment salvage

Explosives manufacture and storage

Junk yards

Scrap metal and refuse collection or processing other than as a part of a solid waste management plan in which the city participates

Petroleum refining or storage other than wholesale distribution facilities in tanks lots

Ore reduction

Slaughter house

Smelting

Tire dumps in excess of 2,500 cubic feet

(Ord. No. 3374, § 1, 9-9-03)

The use of a plot of ground or parcel of real estate as a parking lot facility for the parking of vehicles used by customers and employees of businesses.

(Ord. No. 3374, § 1, 9-9-03)

Permitted accessory use of a dwelling or gainful employment customarily carried on entirely within the residential dwelling, which is clearly incidental and secondary to the principal use of the structure for residential dwelling purposes by the occupants of the residence. Additional requirements are stipulated in article 6, section 2.8.

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 4024, § 15, 2-13-07)

A home office of convenience, as opposed to a home occupation, is allowable as an accessory use in a dwelling unit. A home office of convenience is defined as an office use where the resident occupant conducts no business other than by telephone or mail, where no person employed by the resident, and where an office is needed for the purpose of sending and receiving mail, telephone calls, maintaining records, and other similar functions. It is further the intent to regulate the operation of a home office of convenience so that the average neighbor will be unaware of its existence. Home office includes home digital asset mining as provided in Ark. Code Ann. §14-1-501, et seq.

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 5884, § 1, 9-12-23)

Recreation vehicle park provides for the development of sites for temporary occupancy by recreational vehicles. These parks are for the use of the general public for temporary recreation or vacation purposes and not for permanent or long term living as provided by mobile home parks. Additional requirements are stipulated in Article 6, Section 3.13.

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 4024, § 16, 2-13-07)

The collection and temporary storage of recyclable material, provided that such storage be totally enclosed indoors or, if outdoors, maintained at all times within trailers or bin containers. The processing of recyclable materials is only allowed within an indoor facility. Offices for the collecting or recycling processing facility are allowed. The landowner or operator shall be responsible for preventing any accumulation of recyclable materials or trash outside of buildings or trailer or bin containers. Screening fences shall be required.

(Ord. No. 3374, § 1, 9-9-03)

Temporary buildings to be used for the same purposes a permanent structure may be used for once the permanent structure is completed on the property.

(Ord. No. 3374, § 1, 9-9-03)

Telecommunication towers that are dedicated structures for mounting transmitter equipment and antennas that are necessary for providing the full range of wireless or mobile services to the community. They can vary in their design and may include panel antennas mounted on and painted to match existing buildings, communications equipment housed in an architecturally integrated tower element in a shopping center, roof-top antennas screened with walls, and freestanding pole antennas screened by landscaping. They vary widely in height, depending on factors such as the number and types of wireless services used by the site, the coverage area of the transmitters, the local topography, soil types and other environmental factors. It is required that a permit be issued in compliance with the requirements of Article 6, Section 3.14 of these regulations.

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 4024, § 17, 2-13-07)

Model home/temporary marketing office to be located within a residential subdivision, and for the model home to be used as temporary office but only for the purpose of promoting the marketing of the subdivision in which it is located.

(Ord. No. 3374, § 1, 9-9-03)

Establishments primarily engaged in furnishing local and suburban passenger transportation including taxicabs, ambulance service, passenger bus station and terminal, transportation charter service, nonprofit transit services and school buses.

(Ord. No. 3374, § 1, 9-9-03)

Keeping of horses in residential areas for the recreational use of the owner/occupant of the residence subject to Article 6, Section 2.13.

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 4024, § 18, 2-13-07)

Places where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in conjunction with each other with all activities taking place at a specified location. The granting of a conditional use for an auction house is nontransferable and shall only be valid for the applicant and location for which it is issued.

(Ord. No. 3374, § 1, 9-9-03; Ord. No. 4701, § 1, 5-14-13)

Retail uses which serve the needs of the motoring public and are characterized by a high level of vehicular ingress and egress and because of the type of material or transportation requirements requires display and store outside the confines of an enclosed building. Such uses are not generally compatible with pedestrian-oriented commercial districts and shopping centers.

Specific uses:

Automobile, truck, tractor, mobile home, boat or motorcycle sales or rental areas

Building material sales

Hauling and storage company

Landscape service

Lawn and garden center, enclosed

Lawn and garden center, open display

Lumberyard

Machinery sales and service

Plumbing, electrical, air conditional and heating shops

Swimming pool sale and supply

Tool and equipment rental (with outside display)

(Ord. No. 3374, § 1, 9-9-03)

Storage facilities that is mobile. A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period. Temporary storage units do not involve the construction or alteration of any permanent building or structure.

Retail uses which serve the needs of the motoring public and are characterized by a high level of vehicular ingress and egress and because of the type of material or transportation requirements requires display and store outside the confines of an enclosed building. Such uses are not generally compatible with pedestrian-oriented commercial districts and shopping centers.

Specific uses:

Automobile, truck, tractor, mobile home, boat or motorcycle sales or rental areas

Building material sales

Hauling and storage company

Landscape service

Lawn and garden center, enclosed

Lawn and garden center, open display

Lumberyard

Machinery sales and service

Plumbing, electrical, air conditional and heating shops

Swimming pool sale and supply

Tool and equipment rental (with outside display)

(Ord. No. 3374, § 1, 9-9-03)

The addition of temporary or portable classrooms to public, private or denominational schools that are modular or prefabricated structures and established for a period of time not to exceed two (2) years with the intent to discontinue such use upon the expiration of the time period and removal of the structure from the site. Temporary classrooms do not involve the construction or alteration of any permanent building or structure.

In addition, it shall be necessary for all units to meet the following requirements:

1.

Zoning district regulations;

2.

All building codes of the city; and

3.

Be secured to a permanent masonry or concrete foundation.

(Ord. No. 3436, § 1, 1-13-04; Ord. No. 3438, § 1, 1-13-04)

The use of any building, land area, or other premises for the display and sale of new and used automobiles generally but may include light trucks, vans or sport utility vehicles and including vehicle preparation, not to include auto repair or painting. Specifically excluded from this use unit are vehicles which have sustained damage in an amount equal to or exceeding seventy (70) percent of their average retail value, or vehicles that have been issued a certificate of title, pursuant to A.C.A. § 27-14-2302, which indicates that the vehicle is a damaged vehicle. Additional requirements are stipulated in article 6, section 3.3.

(Ord. No. 3496, § 1, 4-27-04; Ord. No. 3633, § 1, 1-25-05; Ord. No. 4857, § 2 11-25-14)

A building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.

(Ord. No. 3532, § 1, 7-13-04)

Editor's note— Ord. No. 3532, § 1, adopted July 13, 2004, set out provisions intended for use as Art. 5, § 44 [Unit 41]. At the editor's discretion, inasmuch as a § 44 [Unit 41] already existed, these provisions have been included as § 45 [Unit 42].

The use of any building, land area, or other premises for the display and sale of any new or used automobile that has sustained damage in an amount equal to or exceeding seventy (70) percent of its average retail value, or the sale of any vehicle that has been issued a certificate of title, pursuant to A.C.A. § 27-14-2302, which indicates that the vehicle is a damaged vehicle. Any such vehicle which has ten (10) percent or more surface damage shall be screened from public view. Specifically excluded from this use unit are auto repair and painting.

(Ord. No. 3633, § 1, 1-25-05)

Subject to Article 6, Section 3.16, the use of any parking lot, land area, or other premises by a motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand or other device designed to be portable and not permanently attached to the ground which is used to sell goods, wares, merchandise or food. Specifically excluded from this use unit are persons vending from a motor vehicle who visit multiple private property sites on a daily basis for no more than three (3) hours per site and who have obtained a business license from the city. Also specifically excluded from this use unit are temporary open-air enterprises, which are regulated by Article 6, Section 3.5.

(Ord. No. 3914, § 1, 6-27-06; Ord. No. 4848, § 1, 10-28-14)

An establishment where patients are admitted for examination and treatment on an outpatient basis, whether public or private, principally engaged in providing services for health maintenance and the treatment of physical conditions where patients are not usually lodged overnight.

Include:

Outpatient clinics;

Physical therapy;

Sports medicine and rehabilitation centers;

Public health centers;

Diagnostic centers;

Treatment centers.

Permitted Use in the following zoning districts: O-1, C-1, C-2, C-3, C-4, C-5, PUD.

Conditional Use on Appeal to the Planning Commission and City Council in the following zoning districts: A-1, SF-1, SF-2, SF-3, SF-4, MF-2, MF-3, MF-4, MF-12, MF-16, MF-24, P-1.

(Ord. No. 4030, § 1, 2-13-07)

A market with all activities to be contained within a structure that differs from other retail stores or shopping centers in that spaces or booths are leased and there are no long-term leases between the sellers and owners or lessors of the site. The conversion of a structure for use as an indoor flea market will be subject to large scale development plan review to ensure compliance with Commercial Design Standards, appropriate circulation, safety, and off street parking, lighting, landscaping, signage, and trash storage.

Permitted Use in C-2, C-4, C-5.

Conditional Use on Appeal in C-1, C-3.

(Ord. No. 4068, § 1, 6-26-07)

A periodic market held on an established schedule, such as on weekends and holidays. Activities may be conducted both within a structure and outdoors or all activities conducted outdoors or in sheds. An outdoor flea market differs from other open display commercial operations in that spaces or booths are leased and there are no long-term leases between the sellers and owners or lessors of the site. An outdoor flea market will be subject to the provision as outlined in Article 6, Section 3.17 and the submission of a large scale development plan review and the to ensure appropriate circulation, safety, and off street parking, lighting, landscaping, signage, and trash storage.

Conditional Use: C-2, C-5.

(Ord. No. 4068, § 1, 6-26-07)

Automotive and equipment retail uses which serve the needs of the motoring public and are characterized by a high level of vehicular ingress and egress and because of the type of material or transportation requirements requires display and store outside the confines of an enclosed building. Such uses are not generally compatible with pedestrian-oriented commercial districts and shopping centers.

Specific uses:

Automobile, light truck sales and rental.

Hauling and storage company.

Heavy Equipment sales and rental.

Landscape service.

Machinery sales and service.

Marine equipment, boat sales or rental.

Mobile home sales or rental.

Motorcycle sales or rental areas.

Recreational vehicle, trailer sales and rental.

Semi tractor trailer sales and rental.

Swimming pool sale and supply.

Tool and equipment rental (with outside display).

Permitted Use in C-6.

(Ord. No. 4167, § 1, 2-12-08)

Commercial facilities that typically offer enough floor area to accommodate several thousand attendees for conferences, seminars, specific industry showcase and demonstration of products and services, etc. A facility could be attached to or adjacent to facility accommodations for sleeping, for food preparation and eating, recreation, entertainment, resource facilites and meeting rooms.

Permitted Use in C-4, C-5, I-1.

Conditional Use in C-1, C-2, C-3, W-1, P-1, PUD.

(Ord. No. 4294, 2-10-09)

Permitted accessory use of a dwelling or an accessory structure to a dwelling for gainful employment which is clearly incidental and secondary to the principal use of the structure for residential dwelling purposes and the tract for agricultural purposes by the occupants of the residence. Additional requirements are stipulated in article 6 section 1.2.

(Ord. No. 4597, 6-12-12)

A building designed and used primarily for aeronautical purposes which provides space for aircraft storage and service activities. Flight crew quarters may be provided in the airport hangar as an accessory use designed for overnights and resting periods, not to exceed two (2) weeks continuous occupancy, for flight crews, aircraft owners or operators, guests, customers, or the families or relatives of same and shall not be utilized as an independent residence for lease or rent. All flight crew or caretaker quarters will be required to obtain a separate certificate of occupancy upon inspection by building and fire officials and a determination that all adopted building and fire code requirements have been addressed.

Conditional Use in I-1 district only.

(Ord. No. 4922, § 1, 5-26-15)

A primary land use located on one or more platted lots where two or more food trucks are located to offer food or beverages only for sale to the public, functioning as a single business and authorized to provide, tables, play areas, a permanent structure, and other outdoor entertainment open to all customers of all vendors. This definition shall not be interpreted to include a congregation of food trucks as a secondary and/or accessory use of land. Retail sale of non-food items not associated with the food or beverage operation is not permitted. Additional requirements are stipulated in article 6 section 3.18.

Conditional use in C-2 and C-5.

(Ord. No. 5356, § 1, 2-26-19)

Transitional housing is an Arkansas Department of Corrections Division of Community Corrections licensed facility that provides housing for one or more offenders who have either been transferred or paroled from the department of correction by the parole board or placed on probation by a circuit or district court. An offender's home or the residence of an offender's family member shall not be considered a transitional housing facility for purposes of this use unit.

Conditional use in C-2, C-4 and C-5.

(Ord. No. 5727, § 1, 6-14-22)

"Digital asset mining business" means a group of computers working at a single site that consumes more than one megawatt (1 MW) on an average annual basis for the purpose of generating digital assets by securing a blockchain network. "Blockchain network" means a group of computers operating and processing together to execute a consensus mechanism to agree upon and verify data in a digital record. "Digital asset" means cryptocurrency, virtual currency, and natively electronic assets, including without limitation stable coins, nonfungible tokens, and other digital-only assets, that confer economic, proprietary, or access rights or powers. "Digital asset miner" is an individual who mines for digital assets. "Digital asset mining" means use of electricity to power a computer for the purpose of securing or validating a blockchain network.

Use Unit 54, digital asset mining, shall be a conditional use in an I-1 (light industrial district) and I-2 (general industrial district) zones, and shall be subject to the provisions of article 6, section 4.5 of the zoning ordinance of the City of Springdale, Arkansas.

(Ord. No. 5884, § 2, 9-12-23)