[1.1 In general.]

The following uses, where permitted, shall have no building closer than fifty (50) feet to the common boundary with an agricultural or residential district or to a dwelling on the same premises:

(1)

Breeding, raising, or boarding of household pets or similar small animals for commercial purposes.

(2)

Kennel.

The following uses, where permitted, shall have no building closer than one hundred (100) feet to the boundary of an agricultural or residential district or no closer than fifty (50) feet to a dwelling on the same premises, and no materials or supplies associated with the following uses shall be stored or kept within fifty (50) feet of the property line of any residential district:

1.

Animal hospital serving livestock and similar animals.

2.

Boarding or training of horses.

3.

Dairy farm.

4.

Poultry farm.

5.

Farm for raising cattle, goats, horses, sheep, hogs, rabbits or poultry.

6.

Egg farm.

1.2

Agricultural occupation uses. Similar to use unit 28 (home occupation) the agricultural occupation as allowed by this section is intended to be clean, quiet, non-obtrusive activities operated on a limited bases and would be incidental to the agricultural character of those areas and the residential character of the structures.

Legally established businesses, occupations or professions granted a conditional use under this provision in a residential structure and/or an approved accessory structure to the residential structure may be continued until it is abandoned for a period of twelve (12) months. Provided that this shall not be construed to approve continuation of any activity constitution a common law nuisance, or activity prohibited by the statues or ordinance applicable to the area.

No activity, which requires an agricultural occupation conditional use, shall be conducted prior to issuance of the conditional use.

A.

Permitted agricultural occupations. The following are permitted agricultural occupations:

1.

Dressmaking, sewing and tailoring.

2.

Painting, sculpturing or writing (artistic endeavors).

3.

Telephone answering service or radio monitoring services.

4.

Home crafts such as model making, rug weaving and lapidary work.

5.

Tutoring limited to two (2) students at a time.

6.

Music instruction limited to two (2) students at a time.

7.

Catering.

8.

Food processing establishment - an establishment in which food is processed or otherwise prepared for eventual human consumption but not consumed on the premises.

9.

Computer programming

10.

Personal or home care products marketing.

11.

Day care family home:

a.

This use may be located in a single-family home, occupied by the caregiver.

b.

Must be operated within licensing procedures established by the state.

c.

The use is limited to ten (10) children including the caregivers.

d.

The minimum to qualify for home occupation permit is six (6) children from households other than the caregivers.

B.

Criteria for approval by planning commission. Agricultural occupation shall be permitted on if it complies with all of the following:

1.

Proposed residential structure and/or accessory structure must be contained on a lot, parcel or tract that meets the lot requirements for an agricultural zone.

2.

No outside storage of materials required for the operation of the business.

3.

Operated only by the resident members of the household and shall not have any employees, concessionaires or any other form of operator or helper whether such business is conducted on the premises or off the premises.

4.

Requires the use of an area no greater than thirty (30) percent of the total heated living pace of the residential structures or in an accessory structure an area no greater than the size of the residential structure.

5.

Generates no traffic, parking, and sewage or water use in excess of what is normal for agricultural uses.

6.

Will not produce any fumes, odors, noise or any other offensive effects that are not normal to agricultural activity.

7.

Stock in trade shall not exceed ten (10) percent of the floor area of the accessory use.

8.

Will not require or cause the consumption on the premises of any food product produced thereon.

9.

Will not provide medical treatment, therapeutic massage or similar activities.

10.

No alteration of the outside appearance of the residential and/or accessory structure or provision of a separate outside entrance for the business areas of the residential structure.

C.

License. All agricultural occupations are required to obtain a agricultural occupation license in accordance with the licensing requirements of the city. Such license shall not be issued until the conditional use has been approved by resolution of the city council according to the requirements of this article and article 2, section 12. Licenses shall expire on March 31, annually.

An agricultural occupation license as approved and issued is non-transferable, it shall only be valid for the applicant, occupation and residence for which it is issued. Said license shall expire immediately if the conditional use is revoked.

Notice and hearing procedures of this article are not required annually for renewal of said license, so long as there have been no changes in the home occupation or violations of this chapter.

D.

Revocation of license. An agricultural occupation license shall be subject to cancellation in the event of any noncompliance with or violation of any provisions of this ordinance according to procedures set out in article 2, section 12 of this chapter. Violations should be reported to the city clerk's office in writing in accordance with article 9 of this chapter.

E.

Exemptions from the requirement of this section.

1.

Child-care and babysitting uses not required to be licensed by the state.

2.

Foster-family child care as accessory use.

3.

Room and board as accessory use.

1.3

Fences, walls and hedges on adjoining residential districts. Notwithstanding other provisions of this ordinance, fences, walls and hedges in agriculturally zoned areas that share a common boundary with a residential district must be built in compliance with section 2.3 of this article along those joint boundaries. Barbed wire is a suitable material in an A-1 zone.

(Ord. No. 3307, 3-25-03; Ord. No. 4597, 6-12-12; Ord. No. 4738, § 1, 9-24-13; Ord. No. 4804, § 1, 7-8-14)

2.1

Single-family residential dwellings. All single family residential dwellings shall have minimum width and length dimensions of twenty-four (24) feet, except for townhouses.

2.2

Access to structures. Every building hereafter erected or moved shall be on a lot adjacent to an improved public street or an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

2.3

Fences, walls and hedges on residential lots. Notwithstanding other provisions of this ordinances, fences, walls, and hedges on residential lots may be permitted in any required yard, or along the edge of any yard provided that no fence, wall (except retaining wall) or hedge along the sides or front edge of any front yard shall be over three feet in height as dictated by the orientation of the structure and not by yard designation as in article 4. Fences located within or bounding a rear or side yard are permitted at a height not to exceed six feet, except as follows:

Fences must be built with recognized fencing materials such as chain link fencing with plastic or metal slates, standard fence wood, vinyl, or metal such as wrought iron. Materials not allowed for fences include plywood, scrap lumber, wood pallets, chicken wire, corrugated steel, concertina wire, or fiberglass panels. Fence posts and supports must be installed on the side of the fence that faces the lot.

2.4

Multiple principal structures on one lot. In any district, more than one structure housing a permitted principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as follows:

A.

Single-family detached dwellings. Each dwelling shall be treated as though it is located on an individually platted lot, and each lot shall meet all the requirements of the zoning district in which the lot is located.

B.

Multi-family dwellings.

1.

To promote the public safety, convenience and general welfare, the minimum distance (in feet) between roof overhangs of adjacent buildings is as follows:

2.

The appropriate distance shall be determined by the relative orientation of the buildings with respect to each other.

3.

Any setback from the rear lot line as originally platted shall be considered as a rear yard without regard to the orientation of the building concerned.

4.

Any setback from a side lot as originally platted shall be determined by the orientation of the building concerned, e.g. if the building backs up to the side lot line, the setback shall be one for a rear yard.

5.

Definitions. For the purpose of these regulations, certain terms used herein are defined as follows:

Front: The building face acting as the principal access and/or identification by address.

Rear: The building face opposite the front of the building.

Side: The building face which connects the front and rear of the building.

2.5

Nonresidential uses in residential districts. The following requirements apply to charitable, cultural, educational, recreation, health, institutional, religious, social, and similar nonresidential facilities where permitted in a residential district. The planning commission may reduce these requirements after receiving and reviewing a site plan under the provisions of article 2, section 13.

Separation of structures or areas for uses listed herein from the nearest other property in a residential district or the street right-of-way if adjacent to a street, shall be as follows:

2.6

Ground-mounted satellite television signal receiver dishes. Such dishes may not be located in the front yard of residential property and may be placed in the rear yard.

2.7.1

Accessory structures. Accessory structures and uses shall be subject to the applicable use conditions set forth in this article.

A.

General conditions.

1.

Permanent structures.

a.

Located on the rear two-thirds (2/3) of the lot, but limitation shall not apply to carports, and garages provided that the required front yard is observed.

b.

Shall be located in accordance with adopted fire codes from any existing dwelling or dwelling under construction and all setback requirements.

c.

Shall not exceed sixteen (16) feet height.

2.

Portable structures.

a.

May not exceed one hundred twenty (120) square feet or they shall meet the requirements for the location of permanent structures.

b.

Not allowed in the front yard or side yard. On a corner lot, it may be located in one (1) side yard.

c.

May be placed within the setbacks and/or utility easements as long as the structure is on skids and moveable with the understanding by the property owner that should work be required in the easement the structure will be moved at the owner's expense.

d.

Cannot be connected to any utilities.

e.

Shall not exceed ten (10) feet in height.

f.

Shall not be located within ten (10) feet of any other portable structure or permanent building on the same lot.

B.

Multi-family districts. Permitted accessory uses in multi-family districts shall include accessory commercial uses of the types included in use unit 16 and 17 provided that such uses:

1.

Are located entirely within a multi-family dwelling or office building as an accessory use for the convenience of the occupants of said building;

2.

Do not occupy more than ten (10) percent of the gross floor area of the building in which located and must have access only through the interior of the structure with the exception of a service entrance;

3.

Have no signs or other advertising visible from outside the lot on which located.

C.

Manufactured home park. In a manufactured home park containing at least one hundred (100) improved manufactured home spaces there may be provided accessory commercial uses for the convenience of the residents of the development, provided that:

1.

All such uses are operated within an enclosed structure.

2.

The gross floor area of such accessory uses shall not exceed twenty-five (25) square feet for each manufactured home space in the park.

3.

No such structure shall be closer than thirty (30) feet to any property in a residential district outside the development.

D.

Single-family. Permitted accessory uses in commercial districts shall include accessory residential uses, provided that such uses:

1.

Are limited to single-family residences.

2.

Are occupied by the owner or operator of the business on premises.

(Ord. No. 6155, § 1, 11-10-25)

2.7.2

Accessory dwelling units. Subject to the following regulations, accessory dwelling units shall be allowed by right on a lot or parcel that contains a single-family dwelling:

A.

An accessory dwelling unit may be attached, detached, or internal to the single-family dwelling on a lot or parcel;

B.

If the accessory dwelling unit is detached from or attached to the single-family dwelling, it shall not be more than seventy-five (75) percent of the gross floor area of the single-family dwelling or one thousand (1,000) square feet, whichever is less;

C.

The maximum building heights, minimum setback requirements, minimum lot sizes, maximum lot coverages, or minimum building frontages for the accessory dwelling unit will be the same as the primary single-family dwelling unit on the lot;

D.

An accessory dwelling unit is not required to:

1.

Have additional parking to accommodate the accessory dwelling unit;

2.

Match the exterior design, roof pitch, or finishing materials of the single-family dwelling unit on the lot;

3.

Be occupied by the owner;

4.

Have a familial, marital, or employment relationship between the occupants of the single-family dwelling and the occupants of the accessory dwelling unit;

5.

Make improvements to public streets or sidewalks as a condition of permitting an accessory dwelling unit, except as necessary to reconstruct or repair a public street or sidewalk that is disturbed as a result of the construction of the accessory dwelling unit;

6.

Have separate water and sewer from the primary structure. However, an accessory dwelling unit shall have either:

a.

A will-serve letter from both a municipal water system and a municipal sewer system; or

b.

Approval from the department of health where a municipal water service or municipal sewer service is not available.

E.

The development impact fees assessed to an accessory dwelling unit under chapter 118 herein shall not exceed two hundred fifty dollars ($250.00);

F.

A restrictive covenant concerning an accessory dwelling unit on a parcel zoned for residential use by a single-family dwelling is not required; however restrictive covenants concerning accessory dwelling units may be entered into between private parties;

G.

An accessory dwelling unit may be a conversion of an existing building such as a detached garage or may be new construction. If an existing structure is to be used and has existing concrete floor or footings, it will be accepted as built providing there are no visible signs of damage or structural issues for safety;

H.

The applicant for an accessory dwelling unit must provide a site plan and a design plan at the time of the building/remodeling permit request. The application fee for reviewing applications to create an accessory dwelling unit shall not exceed two hundred fifty dollars ($250.00) for each accessory dwelling unit, and shall be in addition to any usual building or permit fees assessed by the city;

I.

An accessory dwelling unit shall be subject to all other Building Code and Fire Code permits/fees/requirements; must be inspected by the city, and upon completion, the accessory dwelling unit must receive a certificate of occupancy prior to the occupancy of the accessory dwelling unit;

J.

An accessory dwelling unit's address shall be the same as the primary dwelling unit and end with a "B;"

K.

The primary dwelling unit and the accessory dwelling unit's mail receptacle shall be together in one (1) location;

L.

An accessory dwelling unit must not violate any POA, HOA or covenants of record which apply to the lot or parcel that contains the single-family dwelling.

(Ord. No. 6155, § 1, 11-10-25)

2.8

Home occupation. Home occupations, as allowed by this section, are intended to be clean, quiet, non-obtrusive activities operated on a limited basis and would be incidental to the residential character of those areas.

Legally established businesses, occupations or professions which have been granted a conditional use at the time of the effective date of these regulations in a residential structure may be continued until it is abandoned for a period of twelve (12) months. Provided that this shall not be construed to approve continuation of any activity constituting a common law nuisance, or activity prohibited by the statutes or ordinance applicable to the area.

No activity, which requires a home occupation conditional use, shall be conducted prior to issuance of the conditional use.

A.

Permitted home occupations. The following are permitted home occupations:

1.

Dressmaking, sewing and tailoring.

2.

Painting, sculpturing or writing (artistic endeavors).

3.

Telephone answering service or radio monitoring services.

4.

Home crafts such as model making, rug weaving and lapidary work.

5.

Tutoring limited to two (2) students at a time.

6.

Music instruction limited to two (2) students at a time.

7.

Catering, no food preparation on premises.

8.

Computer programming.

9.

Personal or home care products marketing.

10.

Day care family home:

a.

This use may be located in a single-family home, occupied by the caregiver.

b.

Must be operated within licensing procedures established by the state.

c.

The use is limited to ten (10) children including the caregivers.

d.

The minimum to qualify for home occupation permit is six (6) children from households other than the caregivers.

B.

Criteria for approval by planning commission. Home occupation shall be permitted only if it complies with all of the following:

1.

No alteration of the outside appearance of the residential structure or provision of a separate outside entrance for the business areas of the residential structure.

2.

No outside storage of materials required for the operation of the business.

3.

Operated only by the resident members of the household and shall not have any employees, concessionaires or any other form of operator or helper whether such business is conducted on the premises or off the premises.

4.

Requires the use of an area no greater than thirty (30) percent of the total heated living space of the residential structure.

5.

Generates no traffic, parking, and sewage or water use in excess of what is normal in the residential neighborhood.

6.

Will not produce any fumes, odors, noise or any other offensive effects that are not normal to residential activity.

7.

Will not involve accessory buildings.

8.

Stock in trade shall not exceed ten (10) percent of the floor area of the accessory use.

9.

Will not require the construction of a duplicate kitchen, or the addition to the existing kitchen.

10.

Will not require or cause the consumption on the premises of any food product produced thereon.

11.

Will not provide medical treatment, therapeutic massage or similar activities.

C.

License. All home occupations are required to obtain a home occupation license in accordance with the licensing requirements of the city. Such license shall not be issued until the conditional use has been approved in writing by the planning commission according to the requirements of this article and article 2, section 12. Licenses shall expire on March 31, annually.

A home occupation license as approved and issued is non-transferable, it shall only be valid for the applicant, occupation and residence for which it is issued. Said license shall expire immediately if the conditional use is revoked.

Notice and hearing procedures of this article are not required annually for renewal of said license, so long as there have been no changes in the home occupation or violations of this chapter.

D.

Revocation of license. A home occupation license shall be subject to cancellation in the event of any noncompliance with or violation of any provisions of this ordinance according to procedures set out in article 2, section 12 of this chapter.

Violations should be reported to the city clerk's office in writing in accordance with article 9 of this chapter.

E.

Exemptions from the requirement of this section.

(a)

Child-care and babysitting uses not required to be licensed by the state.

(b)

Foster-family child care as accessory use.

(c)

Room and board as accessory use.

2.9

Daycare/family home. All such establishments, including home occupation, shall be located on lots which:

A.

Meet the minimum standards as determined by the state department of human services.

B.

Where any such use is located on a lot abutting an agricultural or residential district and where any part of such use lies within fifty (50) feet of such district boundary line, the planning commission shall consider its impact on the surrounding area to determine the need for a screening wall and if the planning commission determines that such screening wall must be provided it shall meet the conditions as set forth in chapter 56 of this Code.

2.10

Reserved.

Editor's note— Ord. No. 4001, § 1, adopted Jan. 9, 2007, repealed § 2.10, which pertained to parking and storage of certain vehicles. The user's attention is directed to §§ 114-57—114-59.

2.11

Manufactured housing appearance standards.

(A)

Structural additions or alteration. Due to its integral design, the building inspector of the city must approve any structural modification of a manufactured or mobile home after it is placed on the site. All structural additions shall comply with the adopted building code(s).

(B)

Exterior appearance standards. Manufactured homes shall be compatible and similar in appearance with site-constructed residences, in that they shall:

1.

Have more than five hundred seventy-six (576) square feet of occupied space;

2.

Have a minimum width and length of at least twenty-four (24) feet.

3.

Be placed onto a permanent foundation system, (piers, bearing walls, etc.) in accordance with adopted building codes, which will transfer loads from the structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil, in accordance with adopted building code.

4.

Be anchored to the permanent foundation system in accordance with the adopted building code and to the manufacturer's specifications.

5.

Set onto an excavated area with permanent perimeter walls constructed of block, brick or stone with foundations, footings or crawl space or basement walls constructed in accordance with the adopted building code. The space between the floor joists of the home and the excavated under floor grade shall be completely enclosed with the permanent perimeter enclosure (except for required openings).

6.

Have wheels, axles and hitch mechanisms removed.

7.

Have utilities connected in accordance with applicable city codes or manufacturer's specifications, whichever is more restrictive.

8.

Have siding material of a type customarily used on site-constructed residences; excluding smooth, ribbed or corrugated metal or plastic panels.

9.

Have pitched roofs and roofing material of a type customarily used on site-constructed residences.

10.

Have off street parking for two (2) automobiles.

2.12

Model home/temporary marketing office standards. A model home/temporary marketing office may be permitted as a temporary use in the designated zoning districts upon submission of an application to the planning office and approval by the planning commission. The model home/temporary marketing office must conform to the height and yard requirements of the zone in which it is to be placed and there shall be no exterior alterations made to the structure. Driveways and sidewalks are to be constructed in conformance with city standards; garages may be used as temporary offices or display space with temporary walls constructed inside the garage door.

A.

Application procedure.

1.

An application must be filed in the planning office containing the following information:

a.

The name, address and phone number of the applicant.

b.

Verification in the form of a current business license or similar document that the applicant has an established office at a location other than the location for the temporary permit.

c.

Legal description and street address of the location of the model home/temporary marketing office.

d.

Indication that the model home/temporary marketing office will be operated for promotional purposes only and the proposed hours of operation. Hours of operation are subject to the approval of the planning commission.

e.

The zoning classification of the property.

f.

The applicant should be present at the meeting in order to answer questions the commission members or interested parties may have. If the applicant is unable to attend, written authorization from the applicant stipulating a designated representative must be presented to the commission for the matter to be considered. Any decisions made by the designated agent shall be binding on the applicant.

2.

The filing fee for a temporary permit and an extension shall be fifty dollars ($50.00) each.

B.

Permit. The temporary permit shall be for one year; and may be renewed for an additional year upon submission of documentation to the planning director indicating the number of lots remaining to be marketed.

C.

Removal. The temporary office shall be closed and the model home shall be discontinued as a model home on or before the termination date set forth in item (b), above, or after three (3) months following the sale all lots owned or being marketed by the applicant in the subdivision other than the model homes. Interior garage walls must be removed and normal garage use must be restored. All signs must be removed and all yard-landscaping areas restored.

D.

Signs. One yard sign, not to exceed the size requirements for real estate signs in chapter 98 of this Code, indicating "model home" may be displayed adjacent to the street right-of-way line. One additional sign may be located within a landscaped area, subject to presentation and approval of a drawing by the planning commission.

E.

For the purpose of item C., "subdivision" means all land included within a plat submitted to the city.

2.13

Horses kept in residential areas. Horses kept in residential areas, as allowed by this section, are intended to be clean, odor free, quiet, non-obtrusive additions to a residential neighborhood for the recreational enjoyment of the property owner/occupant.

Horses shall not be allowed in residential areas prior to the issuance of a conditional use permit by the planning commission under the procedures outlined in article 2, section 12 with the exception of the submission of a site plan. However, the grazing area shall be required to have a suitable fence and a fencing plan shall be submitted with the conditional use application. The fencing plan shall be drawn to scale indicating the residential structure and all accessory structures, the type of fencing to be installed and the location of all access points.

A minimum lot size of three (3) acres shall be required with not more than one horse for each one and half (1½) acres of open grazing land. Open grazing land shall not include the minimum area requirement for a single family residence.

The granting of a conditional use for the keeping of horses in a residential area as approved is nontransferable and shall only be valid for the applicant and residence for which it is issued.

2.14

Garage sales, yard sales, and rummage sales. Permits for garage sales, yard sales, and rummage sales shall be valid for not more than two (2) consecutive days and shall not be granted for the same location more than two (2) times during any calendar year. Any person or organization authorized under this section that conducts a garage sale, yard sale or rummage sale shall obtain a permit before conducting such sale unless the property in which the sale takes place is properly zoned for such purposes and a business license has been obtained as required under this Code. Such sales shall only take place on residential property or by charitable or non-profit organizations on property zoned P-1 or commercial. Application for a permit for a garage sale, yard sale, and rummage sale shall be made to the building inspector, and the building inspector shall issue permits subject to the above conditions after payment of a fee of $10.00. Garage sales, yard sales, and rummage sales conducted on school property by organizations affiliated with the school are exempt from the permit requirements set out herein.

2.15

Single mobile homes. Mobile homes (see definition) are permitted in manufactured home parks located in districts zoned manufactured home park (MHP) and shall not be placed in any other location in the city. (See also nonconforming structures article 8 section 4.)

2.16

Landscaped open areas. Landscaped open space is that part of the site not occupied by any building or buildings (except swimming pools or open air recreation facilities) which is predominantly landscaped by way of the planting of gardens, lawns, shrubs or trees and is available for use and enjoyment by the occupants of the building erected on the site area, but does not include that part of the site area used for driveways and parking areas.

Objective:

1.

To provide open space for recreation and use by the residents.

2.

To enhance the quality of the built environment by providing a satisfactory balance of open space to buildings.

3.

To integrate the landscaped area with the surrounding of the building.

4.

To reduce the paved area on the site.

5.

To improve the visual amenity of the city.

6.

To ensure that recreation areas are of useable dimensions.

2.17

Multifamily play area.

A.

New multifamily developments of eight (8) bedrooms or more shall be required, as a condition of approval, to provide a minimum of one thousand (1,000) square feet of unpaved, useable open space with lawn or other soft surface for an outdoor children's play area, plus an additional one hundred twenty-five (125) square feet of usable open space for each additional bedroom, except that this requirement does not apply to developments devoted exclusively to senior citizens.

B.

The following factors shall be considered when designing a children's play area:

1.

The minimum dimension shall be twenty-five (25) feet; and

2.

Earth berms, vegetative screening, or fencing should separate the play area from driving and parking areas; and

3.

Residents should have convenient access; and

4.

The design should invite a variety of active and passive recreational activities appropriate for children by utilizing unique natural features, creating gently slopes or berms, and providing other amenities such as seating benches or play equipment.

C.

The children's play area shall not be located in areas sensitive to human disturbances such as wetlands and slopes of forty (40) percent or more, or in required street frontage landscaping.

D.

The children's play area may be dispersed on the site; provided that the minimum size of each area is one thousand (1,000) square feet or larger.

E.

Usable open space set aside for this requirement shall be applied toward open space requirements.

F.

Units in a multifamily complex which have private yards shall not be considered in calculating the children's play area requirement for the complex.

2.18

Light and glare (multifamily residential districts). To protect adjoining uses and vehicular traffic in the right-of-way, the following provisions shall apply to the generation of light and glare in multifamily districts:

A.

Applicability. The requirements of this section shall be imposed for all new construction of multifamily developments.

B.

All exterior lighting fixtures in parking areas and driveways shall utilize cutoff shields or other appropriate measures to conceal the light source from adjoining uses and rights-of-way. Other lights shall be designed to avoid spillover glare beyond the site boundaries.

C.

Interior lighting in parking garages shall utilize appropriate shielding to prevent spillover upon adjacent uses and the right-of-way.

2.19

Light and glare (single family residential districts). To protect adjoining uses, all exterior lighting fixtures on property in single family residential districts shall be designed so that it will not interfere, annoy, or disturb the comfort, health, or peace of reasonable persons of ordinary sensibility.

(Ord. No. 3307, 3-25-03; Ord. No. 3693, §§ 1, 2, 6-14-05; Ord. No. 3917, § 1, 6-27-06; Ord. No. 4001, § 1, 1-9-07; Ord. No. 4024, §§ 19—21, 2-13-07; Ord. No. 4336, 7-14-09; Ord. No. 4532, 9-13-11; Ord. No. 4589, 5-8-12; Ord. No. 4669, § 1, 2-26-13; Ord. No. 4804, § 1, 7-8-14)

3.1

Accessory structures. Accessory structures and uses shall be subject to the applicable use conditions set forth in this article.

A.

Permanent structures.

1.

Located on the rear two-thirds (⅔) of the lot, but limitation shall not apply to carports, and garages provided that the required front yard is observed.

2.

Shall be located in accordance with adopted fire codes from any existing structure or structure under construction and all setback requirements.

B.

Portable structures.

1.

May not exceed one hundred twenty (120) square feet or they shall meet the requirements for the location of permanent structures.

2.

Not allowed in the front setback.

3.

May be placed within the setbacks and/or utility easement as long as the structure is on skids and moveable with the understanding by the property owner that should work be required in the easement the structure will be moved at the owner's expense.

4.

Cannot be connected to any utilities.

5.

Shall not be located within twenty (20) feet of any other portable structure or permanent building on the same lot or they shall meet the requirements for the location of permanent structures.

3.2

Access to structures. Every building hereafter erected or moved shall be on a lot adjacent to an improved public street or an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

3.3

Use unit 22 (automotive services) and use unit 41 (automobile sales). In any zoning district where permitted, a use unit 22 (automotive services) and use unit 41 (automobile sales) shall be subject to:

1.

The regulations set forth in subsection 3.6 of this article for drive-in facilities;

2.

All of the lot used for the parking of vehicles, or for the storage and display of merchandise, shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use;

3.

All servicing of vehicles and assembly of equipment carried on as an incidental part of these use units shall be conducted within a completely enclosed building or in a service bay that is located at least twenty-five (25) feet from a street right-of-way line and fifty (50) feet from any lot line of an agricultural or residential district;

4.

No automobile, article, or material stored or offered for sale in connection with these use units shall be stored or displayed outside the confines of the building unless it is so screened by a permanent opaque wood, masonry, or framed metal screening wall so that it cannot be seen from an adjoining lot. Materials not allowed for screening walls include plywood, scrap lumber, wood pallets, chicken wire, concertina wire, fabric (which includes plastic, tarps, vinyl, or other sheeting or similar material), chain link slats, or fiberglass panels. Fence posts and supports must be installed on the side of the screening wall that faces the lot being screened. The following screening and display criteria shall apply:

a.

Except as provided in use unit 43: Automobile sale—Damaged vehicles, any automobile, truck, tractor, mobile home, boat or motorcycle sales areas are not required to screen fully assembled merchandise that is ready for sale.

b.

No permanent open display will be permitted on sidewalks, or public right-of-way.

c.

There shall be no open display of any kind whatsoever in the first twenty (20) feet of the required front setback.

5.

All property must be designed and at all times maintained to allow emergency vehicles to respond and to navigate the property;

6.

Parked vehicles must be able to egress from a parked position without impediment; and

7.

Vehicles parked in designated services lanes are exempt from supplemental regulation #6 above during normal business hours.

Except for regulation #2, the provisions herein shall be applicable to all existing use unit 22 and use unit 41 uses in the City of Springdale as of the date of passage of this amendment, regardless of zoning district. The screening requirements of regulation #4 shall not apply to a business that has had a business license with the City of Springdale for at least ten (10) continuous years prior to the passage of this amendment at the same location. Provided, however, that the requirements of chapter 56 would still apply.

3.4

Automobile wash service. Automobile wash service shall be required to have a front setback of fifty (50) feet and be subject to the provisions set forth in subsection 3.6 for drive-in facilities. The following provisions shall also be required:

1.

A screening wall in accordance with the provisions of chapter 56 of this Code shall be provided if the use is located on a lot abutting an agricultural or residential district.

2.

Washing of autos shall be entirely within a bay enclosed by at least two (2) walls.

3.5

Temporary open-air enterprises.

1.

Definitions. When used in this chapter, the following words, terms, and phrases shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

a.

Goods, wares, or merchandise shall include but not be limited to fruits, vegetables, farm products or provisions, dairy products, fish, game, poultry, meat, plants, flowers appliances, wearing apparel, jewelry, ornaments, art work, cosmetics and beauty aids, health products, medicines, household needs or furnishings, food of any kind, whether or not for immediate consumption, confections or drinks. The selling of animals is subject to the restrictions of subsection 14-5(9) of this Code.

b.

Public way means all areas legally open to public use such as public streets, sidewalks, roadways, highways, parkways, alleys, parks, as well as the areas surrounding and immediately adjacent to public buildings.

c.

Special event means any occasion including but not limited to Rodeo of the Ozarks, City approved events at Shiloh Square, or city wide celebrations, and festivals taking place within a specifically defined area of the city for a period of time not to exceed five (5) days.

d.

Temporary open-air enterprise means any person, firm or corporation offering and exposing goods, wares, or merchandise for sale at a non-permanent location by exhibiting, displaying, selling, or offering for sale such products. This definition does not include those 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. The term "temporary open-air enterprise" is also used in this chapter interchangeably with the word "vendor" or "vending."

e.

Non-permanent location means any location that has no utilities hooked up to a structure and that has no permanent building foundation.

2.

It shall be unlawful for any person to operate a temporary open-air enterprise unless:

a.

The open-air enterprise is located in a C-1, C-2, or C-5 zone, or is operated on property designated for a special event,

b.

Is not located within one hundred (100) feet of any property that is zoned residential pursuant to Article 4, Section 2,

c.

The property on which the temporary open-air enterprise is to be located is in compliance with the dustproofing and paving requirements for parking as set forth in Article 7, Section 8, and

d.

The person has obtained a license from the city clerk's office, including the posting of a bond if such bond is required under this chapter.

3.

Application for license. The application for a temporary open-air enterprise license shall contain all information relevant and necessary to determine whether a particular license may be issued, including but not limited to:

a.

The applicants full name, current address, telephone number and proof of identity, together with a full face photograph of the applicant, not less than two (2) inches square, nor more than three (3) inches square.

b.

A brief description of the nature, character and quality of goods, wares or merchandise to be offered for sale.

c.

The specific location in which the vendor intends to conduct business, along with a site sketch illustrating how the applicant will comply with the regulations and restrictions contained herein.

d.

Proof of a state sales tax identification number, or proof that the applicant has applied for a state sales tax identification number.

e.

If the applicant is employed by another, the name and address of the person, firm, association, organization, company or corporation.

f.

A complete listing of any other licenses or permits issued to the applicant by the city within the five (5) years immediately preceding the date of the application.

g.

The application must also be accompanied by a bond of five hundred dollars ($500.00), if the applicant does not already operate a permanent enterprise within the city which has been granted a business license by the city, and which sells similar goods, wares and merchandise at the permanent enterprise as are being proposed to be sold at the temporary open-air enterprise. The bond required herein shall ensure performance of services, delivery of merchandise and proper application of monies received therefore. The bond will be refunded to the licensee if no claims have been filed against the licensee forty-five (45) days after the expiration of the permit.

4.

Issuance of license.

a.

The applicant shall be notified in writing by the city clerk's office of the city's decision to issue or deny the temporary open-air enterprise license not later than ten (10) days after the applicant has filed a completed application with the city.

b.

Each license shall show the name and address of the licensee, the location at which the vending will be conducted, the kinds of goods to be sold, the amount of the license fee, the date of issuance, and the license number.

c.

All licenses and permits issued under this section are valid for seven (7) days and may be renewed for an additional seven (7) days for the same location. No vendor shall operate at the same location in excess of fourteen (14) days within a one-year period. Licenses are issued seven (7) days at a time and therefore the seven-day license may be renewed one additional time for the year.

5.

Reserved.

6.

License fees. Any temporary open-air enterprise granted a license under this chapter shall pay a fee of fifty dollars ($50.00), and if renewed for an additional seven (7) days, shall pay an additional fifty dollars ($50.00). For a temporary open-air enterprise permit for special events, if a license is required, the fee shall be ten dollars ($10.00) per day a temporary open-air enterprise is operating at the special event.

7.

Display of identification. Any license or permit issued by the city clerk shall be carried with the licensee whenever the vendor is engaged in vending. If a health certificate is required, the vendor shall also display the health certificate.

8.

Notification of name or address. All vendors shall ensure that a current and correct name, residence address and mailing address are on file with the city clerk's office. Whenever either the name or address provided by a license vendor on his application for a vending license changes, the licensee shall notify the city clerk within five (5) days of such change and provide the same with a name change or address change.

9.

Exemptions. The licensing provisions of this chapter do not apply to:

a.

Goods, wares, or merchandise temporarily deposited on the sidewalk in the ordinary course of delivery, shipment or transfer;

b.

The placing and maintenance of unattended stands or sales devices for the sale, display or offering for sale of newspapers, magazines, periodicals and paper bound books;

c.

The distribution of free samples of goods, wares and merchandise by any individual from his person;

d.

Farmers and growers selling fruits and vegetables which they have grown, provided these products are sold on parking lots where the owner has granted permission;

e.

Charitable organizations, such as Girl Scouts, Boy Scouts, on the property of another, so long as the owner of the property consents.

f.

Persons operating temporary open-air enterprises at special events, so long as the temporary open-air enterprise is located totally within property owned, occupied, or leased by the operators of the special event. No temporary open-air enterprises are allowed on the premises of, or within the geographical area of, a special event without the prior approval of the operator of the special event. The geographical area of the special event shall be established by the operator of the special event.

g.

(i)

Persons operating a temporary open-air enterprise at the Springdale Farmers' Market, so long as the temporary open-air enterprise is located totally within a geographical area at the Jones Center for Families and designated by the Jones Center for Families as the Springdale Farmers' Market. The market place shall open no earlier than 6:00 a.m. and shall close no later than 2:00 p.m. on Tuesdays, Thursdays, and Saturdays.

(ii)

Persons operating a temporary open-air enterprise as the Downtown Springdale Farmers Market, so long as the temporary open-air enterprise is located totally on Meadow Avenue between Commercial Street and the Razorback Regional Greenway and/or Shiloh Square and designated by the City of Springdale as the Downtown Springdale Farmers Market. The market place shall open no earlier than 6:00 a.m. and shall close no later than 2:00 p.m. on Saturday and 4:00 p.m. to 9:00 p.m. on Tuesday and Thursday.

(iii)

The only articles that may be sold at the Springdale Farmers' Market and the Downtown Springdale Farmers Market are as follows: vegetables, honey, nuts, raw juices, molasses, fruit, and other produce and plants grown or produced by the vendor thereof; art work, craft work, processed farm products, (eggs, meats and processed jams and jellies) produced by the vendor and baked goods which are processed within the guidelines of the cottage laws in the State of Arkansas. All products sold at the marketplace must be produced in compliance with all applicable regulations of the state department of health.

10.

Restrictions. All temporary open-air enterprises are further restricted from operating:

a.

Within fifty (50) feet of a street intersection or pedestrian crosswalk;

b.

Within fifty (50) feet of any driveway, loading zone, or bus stop;

c.

On the median strip of a divided roadway unless the strip is intended for use as a pedestrian mall or plaza;

d.

Within fifty (50) feet of any fire hydrant or fire escape;

e.

Within fifty (50) feet of any parking space or access ramp designated for persons with disabilities;

f.

Within fifty (50) feet of an unobstructed pedestrian space;

g.

Within fifty (50) feet of a building entrance or exit;

h.

On a city sidewalk or other public easement or within twenty (20) feet of a public street or roadway;

i.

Between the hours of 10:00 p.m. to 7:00 a.m. except special events;

j.

With any flashing sign, or with any other sign that does not meet the requirements of a temporary sign (Section 98-61).

11.

No person authorized to operate a temporary open-air enterprise under this chapter shall do any of the following:

a.

Unduly obstruct pedestrian or motor vehicle traffic flow;

b.

Obstruct traffic signals or regulatory signs;

c.

Conduct any vending upon a public way;

d.

Conduct any vending upon private property of another, unless the owner of the private property has consented to such vending in writing;

e.

Sound any device that produces a loud and raucous noise in violation of city ordinance, or violate any other city ordinances in connection with the vending operation.

12.

Temporary open-air enterprises shall keep their vending sites clean and free of paper or refuse of any kind generated from the operation of their business. All trash or debris accumulating within twenty (20) feet of any vending stand should be collected by the vendor and deposited into a trash container.

13.

In addition to any penalty contained herein, any license issued out of this chapter may be suspended or revoked for any of the following reasons:

a.

Fraud, misrepresentation, or knowingly making a false statement contained in the application for the license;

b.

Fraud, misrepresentation, or knowingly making a false statement in the course of carrying on the business of vending;

c.

Conducting the business of vending in any manner contrary to the conditions of the license or this chapter;

d.

Conducting the business of vending in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public, health, safety, welfare or morals, or interfere with the rights of abutting property owners.

14.

The building inspector and the chief of police shall be responsible for enforcing this ordinance. If the city revokes a vending license or permit, the fee already paid for the license or permit shall be forfeited. Any persons whose license or permit has been revoked under this section may not apply for a new license for a period of one year from the date the revocation took effect.

15.

Appeals. If the city clerk denies the issuance of a license or permit, or the building inspector suspends or revokes a license or permit, or orders the cessation of any part of the business operation conducted under the license or permit, the aggrieved party may appeal the decision to the mayor's office, and then if not satisfied with the outcome of the appeal, to the city council.

16.

Each sales transaction completed in violation of the terms of this subchapter shall be considered a separate violation for purposes of Article 10.

3.6

Drive-in facilities. Drive-in facilities, including but not limited to, banks, convenience stores, mini-storage, restaurants, theaters, gasoline stations, garages, automobile washes, and parking lots shall be subject to the following conditions:

1.

Paving and curbing. All vehicular use areas shall be a permanent surface of concrete or asphalt, in accordance with article 7 section 8. A continuous raised concrete curb of not less than six (6) inches of height shall be constructed along and parallel with the entire street right-of-way lane except for driveway openings.

2.

Screening wall. A screening wall as provided in chapter 56 of this Code shall be erected and maintained along the common boundary of any abutting property in an agricultural or residential district.

3.7

Establishments that dispense gasoline. An establishment that dispenses gasoline shall be subject to the following requirements:

1.

Establishments shall be regulated by bulk and area requirements of the district in which it is located, but in no case shall the site for such a use be less than the following:

a.

Minimum lot area: Ten thousand (10,000) square feet.

b.

Minimum frontage: One hundred (100) feet.

c.

Maximum width curb cuts or driveway width: Forty (40) feet.

d.

Minimum distance of driveways from the curb line at the street: Forty (40) feet for local street, seventy-five (75) feet for major collector and one hundred (100) feet for arterial as per master street plan.

e.

Minimum setback of service building from all street right-of-way lines: Fifty (50) feet.

f.

Minimum setback of pump island, compressed air connection and similar equipment from all street right-of-way and property lines: Twenty-five (25) feet.

g.

Minimum setback of pump island canopy from all street right-of-way and property lines: Twelve (12) feet.

2.

Washing of autos shall be entirely within a bay enclosed by at least two (2) walls.

3.8

Prefabricated and modular construction. Modular and other prefabricated office structures shall meet the requirements of the governing district; however, that the term "modular structures" or "prefabricated structures" shall not include a manufactured or mobile home whether or not same be equipped with undercarriage.

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

1.

Zoning district regulations.

2.

The building codes of the city.

3.

Be secured to a permanent masonry or concrete foundation.

4.

Have permanent water and sewer connections.

3.9

Enclosure of commercial businesses. All commercial businesses other than temporary open-air enterprises shall be operated within a structure located on a permanent foundation and meeting the appropriate building codes as adopted by the city.

3.10

Screening of commercial businesses. All commercial businesses must screen in conformance with the provisions of chapter 56 of this Code. If a commercial business provides outdoor storage of vehicles, materials and supplies, or equipment such areas must be screened with an opaque wood, masonry or metal screening wall a minimum of eight (8) feet in height.

Materials not allowed for screening walls include plywood, scrap lumber, wood pallets, chicken wire, corrugated steel, concertina wire, fabric (which includes plastic, tarps, vinyl, or other sheeting or similar material), chain link slats, or fiberglass panels. Fence posts and supports must be installed on the side of the screening wall that faces the lot being screened.

3.11

Temporary construction office. A contractor, subdivider or developer my obtain a permit for a temporary construction office, to be located on the property where the construction or development is located, provided:

1.

For building construction, the temporary construction office must be removed as soon as the "certificate of occupancy" is issued for the permanent building.

2.

For a subdivision, the temporary office must be removed immediately upon approval of the final plat.

Under no circumstances shall the temporary construction office be used as a sales office and is specifically only to be used for the purpose of a temporary construction office.

3.12

Landscape and buffering requirements. See chapter 56 of this Code.

3.13

Recreation vehicle park development standards. Parks shall be occupied only by recreational vehicles ("RV") as defined in this chapter and dependent vehicles and tents suitable for temporary habitation and used for travel, vacation and recreation purposes as outlined. These regulations shall be construed to secure the beneficial interest and purposes thereof, which are the health, sanitation, general public safety and welfare of the citizens of the city, by regulating the installation and maintenance of recreational vehicles situated in a recreational vehicle park.

1.

Application. This provision of this section shall apply to development of recreational vehicle parks and the expansion of an existing recreational vehicle parks that will result in an increase of fifty (50) percent or more in the number of recreational vehicle sites. A development plan as required in accordance with chapter 112-8 shall be submitted and approved by the planning commission prior to start of construction.

2.

Definitions. A recreation vehicle is considered to be a fully licensed and operable on wheels or a jacking system, attached to the site only by quick disconnect type utilities and security devices, having no permanently attached additions. Specific types of recreation vehicle area as follows:

Motorized vehicle: Bus Conversion; Class A; Class B; Class K; Class C; Camper Van.

Non-Motorized vehicle: Fifth Wheel-Flyer; Travel Trailer; Hybrid Trailer; Pop-up and Tent Camper; Truck Camper; Tear drop Camper; Toy Hauler.

Dependent vehicle: Trailer or self-propelled recreational vehicle does not have a toilet, bathtub, shower, sink, sanitary drain or water service connection pipe and is dependent upon a service building for services.

Tent: A collapsible shelter made of fabric (such as nylon or canvas) stretched and sustained by poles and used for camping outdoors or as temporary shelter.

3.

Park design and construction standards.

a.

Site restrictions.

i.

Located on a collector street or above as identified on the master street plan.

ii.

Permitted only on a property having frontage on two (2) rights-of-way or having sufficient lot width to accommodate two driveways meeting the minimum distance between drives as established in article 7, section 11.2.

iii.

Not be located less than one thousand (1,000) feet from an existing RV park within the city limits.

iv.

Located at least two hundred (200) feet from any single-family residential use or single-family zoning district. Distance to be measured from property line to property line.

v.

Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants.

vi.

Exposed ground surfaces in all parts of the recreational vehicle park shall be paved, covered with stone screenings, other solid materials, or protected with vegetation that is capable of preventing soil erosion and eliminating objectionable dust.

vii.

Creation of a recreation[al] vehicle park for the purpose of subdividing the tract into individually owned tracts or parcels is prohibited.

viii.

The placement of recreational vehicles (RV) in special flood hazard areas must either:

(1)

Be temporary, as demonstrated by the RV being fully licensed, on wheels or a jacking system, attached to the site only by quick disconnect type utilities and security devices, having no permanently attached additions, and being immobile for no more than one hundred and eighty (180) consecutive days; or else

(2)

Meet all provisions of this Code applicable to manufactured home structures.

b.

Layout and design.

i.

Density—No more than fifteen (15) recreational vehicle sites per acre.

ii.

Minimum size—Minimum size one (1) acre.

iii.

Visual enclosure—Enclosures in all perimeter setbacks to clearly define the park expanse by a fence, earth mound, landscaping or by other design which will complement the existing landscape and assure compatibility with the adjacent environment.

c.

General access.

i.

All recreational vehicle parks shall be provided with safe and convenient vehicular access to each site on an improved drive that is privately owned and maintained.

ii.

All access drives or curb cuts on city streets shall conform to chapter 110 of the Springdale Code of Ordinances.

iii.

All street improvement along the boundary of the recreational vehicle park shall be improved in accordance with the master street plan.

iv.

Ingress and egress to recreational vehicle parks shall be through a controlled entry point with additional emergency access as required by the Arkansas Fire Prevention Code.

v.

Access to recreational vehicle parks shall be designed to minimize congestion and hazards at the entrance or exit and allow free movement of traffic on adjacent streets.

vi.

No parking shall be permitted on the access drive.

d.

Vehicle circulation and parking—Internal drive aisles. Internal drive aisles shall be of adequate width to accommodate anticipated traffic and meet the following requirements:

i.

Internal drive aisles shall be an improved drive that is privately owned and maintained, constructed to minimum standards as follows:

(1)

One way drive—Fifteen (15) feet.

(2)

Two-way drive—Twenty-four (24) feet.

(3)

There shall be a continuous path of travel throughout all recreational vehicle parks. No roadway shall dead-end.

ii.

Curves and turning radii shall be constructed to safely handle vehicles ten (10) feet wide and up to fitfty (50) feet long.

iii.

Internal drive aisle gradient shall not exceed ten (10) percent maximum slope.

iv.

Paved with bituminous or concrete pavement and meet all standards prescribed by city codes and regulations.

v.

To maintain unobstructed vehicle travel through the interior of the park, no parking along the drive aisles shall be allowed. All drive aisles shall be marked with "No Parking" signs.

e.

Recreational vehicle site area.

i.

The minimum recreational vehicle site area in recreational vehicle parks shall be a minimum one thousand five hundred (1,500) square feet.

ii.

Site orientation.

(1)

Pull-through site—Typically indicating a long, open space where an RV can drive through to park.

(2)

Back in site—Typically indicating a designated space where the RV needs to back up to park.

iii.

Recreational vehicles shall be separated from each other, at the closest point, by at least fifteen (15) feet. Any bump outs, awnings or screening, for purposes of this separation requirement, shall be considered to be part of the recreational vehicle. No part of a recreational vehicle or other unit placed on a recreational vehicle site shall be closer than five (5) feet to a site line.

iv.

Each site shall contain a concrete vehicular parking pad.

(1)

Each recreational vehicle site within a recreational vehicle park shall have a minimum twnety-five (25) feet of frontage on internal drive aisles.

(2)

No recreational vehicle site shall be accessed directly from a publicly dedicated street or right-of-way.

f.

Parking.

i.

There shall be at least one (1) off-street parking space per recreational vehicle site.

ii.

There shall be a minimum of two (2) parking spaces available at the main office designated for staff.

iii.

Visitor parking spaces shall be provided at a ratio of one parking space per each increment of five (5) RV pads. All parking must include design for both standard and ADA parking.

iv.

All off-street parking areas shall be paved with bituminous or concrete pavement and conform.

g.

Accessory uses.

i.

Allowed uses in the recreational vehicle park:

(1)

Rental office for RV site/manager's office.

(2)

Storage building for management use only.

(3)

Service building including laundry rooms, restrooms, showers.

(4)

Clubhouse/recreational building.

(5)

Private swimming pool or cabanas.

(6)

Cooking/barbecue grill structures.

(7)

Recreation courts, basketball, tennis, pickle ball.

(8)

Dumping stations.

ii.

Such establishments and the parking area primarily related to their operations shall not occupy more than twenty (20) percent of the gross area of the park.

iii.

Required parking for accessory facilities shall be in accordance with article 7 of this chapter.

iv.

Recreation facilities must be located at least two hundred (200) feet from any adjacent residential area.

h.

Service buildings.

i.

Every RV park shall provide at least one service building equipped with one toilet, lavatory and shower for each sex for each one hundred (100) RV sites, or fractional part thereof.

ii.

Every park providing sites for dependent vehicles and tents shall provide the following sanitary facilities within three hundred (300) feet of the sites to be served: Springdale's block length is four hundred (400) feet.

(Ord. No. 6100, § 2, 6-24-25)

3.14

Self-supporting tower or antenna structure or monopole standards.

A.

Setback requirements. A self-supporting tower, antenna structure or monopole shall be set back one hundred fifty (150) percent of the total height of the structure plus antenna when adjacent to the property line of any existing residential use. (Note: A variance of this setback requirement shall not be granted.)

B.

Development standards and mitigation measures.

1.

Tower, site, and building will be subject to site plan approval by the planning commission in accordance with article 2, section 13.

2.

Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) approval is required for all tower installations. All monopoles or self-support towers higher than one hundred (100) feet shall be required to have FAA approval before a building permit is issued. The permit must include the tower height plus twenty (20) feet.

3.

Lighting shall be minimized. A dual light obstruction (OL-2) kit must be installed at the top of the tower for any structure between one hundred fifty (150) feet and one hundred ninety-nine (199) feet. If FAA requires more lighting than the OL-2 light kit, a dual beacon light kit shall be installed. For daytime, a medium intensity strobe converting to a red dual bulb blinking beacon at twilight is required. The dual beacon light kit would be required to eliminate painting requirements.

4.

All structure material and hardware to be of galvanized material.

5.

If a back up generator is installed, a "residential" type muffler not powered by a gasoline engine is required. Fuel storage guidelines will be strictly enforced and the generator exerciser timer must be adjusted for daytime hours.

6.

All structures must conform to RS222-d or latest national code that includes foundation, electrical, steel, etc. The applicant's engineer must certify to the city that all construction is in compliance with adopted codes.

7.

A wood fence eight (8) feet or higher is required to be installed around the exterior lot line. The housing structure must be of standard communications specifications allowing it to blend into normal neighborhood surroundings.

8.

A plan of vegetation control for inside, under and outside the fence is required for all tower installations.

9.

Projects will be designed to allow a secondary installation on a single site, where technically feasible and visually desirable.

10.

Applications for new or expanded facilities shall contain long-range plans which project market demand and expansion needs.

3.15

Light and glare. To protect adjoining uses and vehicular traffic in the right-of-way, the following provisions shall apply to the generation of light and glare in multifamily and commercial districts.

A.

Applicability. The requirements of this section shall be imposed for all new construction of commercial and multifamily developments.

B.

All exterior lighting fixtures in parking areas and driveways shall utilize cutoff shields or other appropriate measures to conceal the light source from adjoining uses and rights-of-way. Other lights shall be designed to minimize spillover glare beyond the site boundaries.

C.

Interior lighting in parking garages shall utilize appropriate shielding to minimize spillover upon adjacent uses and the right-of-way.

3.16

Mobile vending site.

1.

Definitions. When used in this chapter, the following words, terms, and phrases shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

a.

Goods, wares, or merchandise shall include but not be limited to animals, fruits, vegetables, farm products or provisions, dairy products, fish, game, poultry, meat, plants, flowers appliances, wearing apparel, jewelry, ornaments, art work, cosmetics and beauty aids, health products, medicines, household needs or furnishings, food of any kind, whether or not for immediate consumption, confections or drinks.

b.

Mobile vending unit shall include any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand or other device designed to be portable and not permanently attached to the ground which is used to sell goods, wares, merchandise or food.

c.

Mobile vendor shall include a person who peddles, vends, sells, displays or offers to sell good, wares or merchandise, or food from a mobile vending unit. This term does not include a mobile vending unit that visits multiple private property sites on a daily basis for no more than three (3) hours per site. This term also does not include temporary open-air enterprises, which are regulated by article 6, section 3.5.

2.

All mobile vending sites shall be subject to the requirements of Article 2, Section 12, conditional uses on appeal to planning commission. In addition:

a.

The mobile vendor must present proof of a state sales tax identification number, or proof that the mobile vendor has applied for a state sales tax identification number.

b.

If the mobile vendor is employed by another, the name and address of the person, firm, association, organization, company or corporation.

3.

Additional restrictions on mobile vending sites:

a.

If a mobile vendor is located on property which has another use, the mobile vending unit shall be considered an accessory use, and i) may not exceed one hundred sixty (160) square feet; ii) may not be located in the front setback; and iii) cannot be connected to any utilities.

b.

A mobile vendor may not operate between the hours of 10:00 p.m. and 7:00 a.m.

c.

The property on which the mobile vending site is to be located must be in compliance with the dustproofing and paving requirements for parking as set forth in Article 7, Section 8.

d.

A mobile vending unit shall not be located less than one thousand three hundred twenty (1,320) feet measured in a straight line from another mobile vending unit on the same side of the street. The measurement shall be made from a line drawn around the mobile vending unit, with the line being at all points ten (10) feet from the nearest point of the mobile vending unit. Provided, however, that no more than two (2) mobile vending units shall be permitted on the corner lots at any intersection.

e.

Mobile vending units shall not be located so as to obstruct parking spaces required for the operation of any other use on the site.

f.

Mobile vendors must maintain on the site a minimum of three parking spaces designated for their use.

g.

If a health certificate is required, the vendor shall display the health certificate in a manner visible to customers.

h.

All signs must meet the requirements of a temporary sign (Section 98-61). No flashing signs or lights are allowed.

4.

Restrictions. All mobile vendors are further restricted from operating:

a.

Within one hundred (100) feet of any property that is zoned residential pursuant to article 4, section 2.

b.

Within fifty (50) feet of a street intersection or pedestrian crosswalk;

c.

Within fifty (50) feet of any driveway, loading zone, or bus stop;

d.

On the median strip of a divided roadway unless the strip is intended for use as a pedestrian mall or plaza;

e.

Within one hundred (100) feet of the intersection of an on or off ramp of a freeway and the street to which the ramp exits.

f.

Within fifty (50) feet of any fire hydrant or fire escape;

g.

Within fifty (50) feet of any parking space or access ramp designated for persons with disabilities;

h.

Within fifty (50) feet of an unobstructed pedestrian space;

i.

Within fifty (50) feet of a building entrance or exit;

j.

On a city sidewalk or other public easement or within twenty (20) feet of a public street or roadway.

5.

Exemptions. The provisions of this chapter do not apply to:

a.

Goods, wares, or merchandise temporarily deposited on the sidewalk in the ordinary course of delivery, shipment or transfer;

b.

The placing and maintenance of unattended stands or sales devices for the sale, display or offering for sale of newspapers, magazines, periodicals and paper bound books;

c.

The distribution of free samples of goods, wares and merchandise by any individual from his person;

d.

Farmers and growers selling fruits and vegetables which they have grown, provided these products are sold on parking lots where the owner has granted permission;

e.

Charitable organizations, such as Girl Scouts, Boy Scouts, on the property of another, so long as the owner of the property consents.

f.

Mobile vendors operating at special events, so long as the mobile vending unit is located totally within property owned, occupied, or leased by the operators of the special event. Special event means any occasion including but not limited to Rodeo of the Ozarks, City approved events at Shiloh Square, or city wide celebrations, and festivals taking place within a specifically defined area of the city for a period of time not to exceed five (5) days.

g.

Mobile vendors operating in the area as the Downtown Form Based Code District and noted on the official zoning map referred to in article 3, section 3, so long as the mobile vending unit is located totally within property owned, occupied, or leased by the operator. Applications for the operation of a mobile vending in this designated area shall be submitted and approved by the events committee of the Downtown Springdale Alliance.

6.

No person authorized to operate a mobile vending site shall do any of the following:

a.

Unduly obstruct pedestrian or motor vehicle traffic flow;

b.

Obstruct traffic signals or regulatory signs;

c.

Conduct any vending upon a public way;

d.

Conduct any vending upon private property of another, unless the owner of the private property has consented to such vending in writing;

e.

Sound any device that produces a loud and raucous noise in violation of city ordinance, or violate any other city ordinances in connection with the vending operation.

7.

Mobile vendors shall keep their vending sites clean and free of paper or refuse of any kind generated from the operation of their business. All trash or debris accumulating within twenty (20) feet of any vending stand should be collected by the vendor and deposited into a trash container.

8.

In addition to the provisions of article 2, section 12, a conditional use issued hereunder may be suspended or revoked for any of the following reasons:

a.

Fraud, misrepresentation, or knowingly making a false statement contained in the application for the conditional use;

b.

Fraud, misrepresentation, or knowingly making a false statement in the course of carrying on the business of the mobile vending site;

c.

Conducting the business of the mobile vending site in any manner contrary to the conditions of the conditional use or this subchapter;

d.

Conducting the business of the mobile vending site in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public, health, safety, welfare or morals, or interfere with the rights of abutting property owners.

9.

The building inspector and the chief of police shall be responsible for enforcing this ordinance.

10.

The granting of a conditional use for a mobile vending site as approved is nontransferable, shall be valid for one (1) year. and shall be valid only for the applicant and only at the location for which it is issued. A conditional use for a mobile vending site may be renewed annually so long as: (a) the applicant renews their business license with the City of Springdale annually, (b) there have been no sustained complaints against the applicant and the mobile vending site within the last calendar year which resulted in the applicant losing the conditional use approval, (c) there are no pending complaints against the applicant and the mobile vending site, (d) there are no changes to the identity of the applicant, (e) there are no changes to the location of the mobile vending site, and (f) there are no changes to the use of the mobile vending site. If there is a pending complaint against the applicant and the mobile vending site at the time the applicant seeks to renew a conditional use for the mobile vending site, as described in (c) above, the city will not renew the conditional use for the mobile vending site unless and until the pending complaint is resolved, after a hearing, in favor of the applicant and the mobile vending site as provided for in chapter 130 of this Code. In the event an applicant proposes any changes to the conditional use, the applicant must submit a new conditional use application which must be approved by the planning commission and the city council.

11.

Each sales transaction completed in violation of the terms of this subchapter shall be considered a separate violation.

12.

Any person whose mobile vending unit conditional use has been revoked under this section may not apply for a new license for a period of one year from the date the revocation took effect.

13.

There shall be no non-conforming uses for mobile vending sites. All properties not currently in compliance with this ordinance will be required to come into compliance with this ordinance no later than October 1, 2006.

3.17

Flea market, outdoor.

a.

All activities of the outdoor flea market rented booths or spaces that are to be conducted in sheds, tents or other portable structures outside a permanent structure shall be considered an accessory uses, and each separate operation i) may not exceed one hundred sixty (160) square feet; ii) may not be located in the front setback; and iii) cannot be connected to any utilities.

b.

The property on which the outdoor flea market is to be located must be in compliance with the dustproofing and paving requirements for parking as set forth in Article 7, Section 8.

c.

All outdoor activities shall not be located so as to obstruct parking spaces required for the operation of any other use on the site.

d.

A minimum of three parking spaces shall be designated for each separate outdoor activity.

e.

All outdoor activities shall be provided with at least one service building equipped with flush-type toilet fixtures of a type approved by the state board of health, and other sanitary facilities as required by City regulation. No service building shall contain less than one toilet for females, one toilet for males. For more than ten outside booths or rental spaces an additional lavatory and water closet for each sex shall be provided for every additional ten booths or rented spaces.

f.

Service buildings shall:

1.

Be located not more than 200 feet from a booth or rented space.

2.

Be of permanent construction and be adequately lighted at all times.

3.

Be of moisture-resistant material, to permit frequent washing and cleaning.

4.

Have adequate heating facilities to maintain a temperature of 70 degrees Fahrenheit during cold weather, and to supply adequate hot water during time of peak loads.

5.

Have all rooms well ventilated, with all openings effectively screened.

6.

Provide separate compartments with adequate locking devices for each water closet and a sound-resistant wall to separate male and female toilet facilities.

g.

If a health certificate is required, the vendor shall display the health certificate in a manner visible to customers.

h.

All signs must meet the requirements of a temporary sign (Section 98-61). No flashing signs or lights are allowed.

Restrictions. All outdoor activities are further restricted from operating:

a.

Within one hundred (100) feet of any property that is zoned residential pursuant to Article 4, Section 2.

b.

Within fifty (50) feet of a street intersection or pedestrian crosswalk;

c.

Within fifty (50) feet of any driveway, loading zone, or bus stop;

d.

On the median strip of a divided roadway unless the strip is intended for use as a pedestrian mall or plaza;

e.

Within one hundred (100) feet of the intersection of an on or off ramp of a freeway and the street to which the ramp exits;

f.

Within fifty (50) feet of any fire hydrant or fire escape;

g.

Within fifty (50) feet of any parking space or access ramp designated for persons with disabilities;

h.

Within fifty (50) feet of an unobstructed pedestrian space;

i.

Within fifty (50) feet of a building entrance or exit;

j.

On a city sidewalk or other public easement or within twenty (20) feet of a public street or roadway;

k.

Any sounding device that produces a loud and raucous noise in violation of city ordinance.

All outdoor flea markets shall keep their rented booths and or spaces clean and free of paper or refuse of any kind generated from the operation of their business.

In addition to the requirements above, all outdoor flea market sites shall be subject to the requirements of article 2, section 12, conditional uses on appeal.

Variances from these requirements shall not be granted.

There shall be no non-conforming uses for outdoor flea markets. All properties not currently in compliance with this ordinance will be required to come into compliance with this ordinance no later than December 31, 2007.

3.18

Food truck courts.

A.

Location and placement.

1.

Located on a collector street or above as identified on the master street plan and on primary streets as identified in the downtown form based code.

2.

Shall be permitted only on a property having frontage on two rights-of way or having sufficient lot width to accommodate two driveways meeting the minimum distance between drives as established in section 11.2.

3.

All food truck courts shall occur outside the public right-of-way on private property unless an exemption is granted by the city council.

4.

Each court shall be located at least 200 feet from any single-family residential use or single-family zoning district a measured from the food truck location to the nearest residential use except for those areas covered by the downtown form based code.

5.

In the area covered by the downtown form based code, a food truck court shall be located a minimum of 20 feet from the property line of an existing residential use, except that they may be located at a minimum of ten feet from the property line if the residential use is separated by a six-foot high masonry wall.

6.

The 200-foot minimum distance shall be measured from property line to property line.

7.

Vehicular drive-through service of food and/or beverages shall not be permitted except upon a specific use authorization of the city council for that portion of the property with the drive through.

8.

No more than ten individual food trucks are permitted per food truck court site, provided however that additional units may be permitted by specific use authorization of the city council.

9.

No food truck, structures associated with the food truck court use, or any permanent seating areas shall be located in a required zoning setback, buffer area, access easement, drainage easement, floodplain, driveway, utility easement and/or fire lane.

10.

The placement of the food truck shall not impede traffic nor visually impair any motor vehicle operation within a parking lot, driveway or street.

11.

A minimum 20-foot wide fire apparatus access route shall be provided around the periphery of any food truck court.

12.

Food trucks shall be placed on an approved asphalt or concrete surface and in no case shall they be parked on unimproved surfaces.

13.

Parking shall be provided at a rate of one parking space per 75 square feet of the food court seating area with a minimum of 12 spaces provided. Occupation of any parking spaces by a mobile food establishment unit shall not reduce any required parking spaces for the principal use on a lot.

B.

Health and sanitation. Each individual food truck shall comply with all applicable state and county health department requirements. All equipment required for the operation must be contained within, attached to or within three feet of the truck and all food preparation, storage, and sales/distribution made in compliance with all applicable county, state and federal health department sanitary regulations. Grills or other cooking facilities allowed outside the primary vending unit shall be in compliance with applicable county, state, and federal regulations.

C.

Parking. There shall be on-premise parking areas sufficient to accommodate staffing needs and required seating areas. In the alternative or in addition to on-premise parking, the parking requirement of this subsection may be satisfied by parking area(s) on one or more adjacent commercial property', provided that the applicant has in place and maintains for the duration of use of the property as a food court establishment an agreement (or agreements) for the use of the adjacent commercial parking area. Proposed parking areas may not interfere with any existing commercial activities to include parking already being conducted upon the property.

D.

Hours of operation. A food truck court may only operate between the hours of 8:00 a.m. and 10:00 p.m. Sunday through Thursday and from 8:00 a.m. to 11:00 p.m. Friday and Saturday.

E.

Noise level. Playing, using, operating, or permitting to be played, used or operated any radio receiving set, television, musical instrument, phonograph or other machine or device that produces or reproduces sound in such a manner as to disturb the peace, quiet and comfort of persons of ordinary sensibilities shall be deemed a public nuisance. The playing, using or operating of any radio receiving set, television, musical instrument, phonograph, or other machine or device that produces or reproduces sound between the hours of 10:00 p.m. and 7:00 a.m. in such a manner to disturb the quiet, comfort or repose of persons of ordinary sensibilities at a distance of 50 feet or more from the building, structure, or vehicle in which the radio receiving set, television, musical instrument, phonograph or other machine or device that produces or reproduces sound is located shall be prima facie evidence of a public nuisance.

F.

On-site manager. Each food truck court must have a designated manager/representative that is responsible for the orderly organization of food trucks, the cleanliness of the court and the court's compliance with all rules and regulations. The designated manager/representative must be physically present at the court at all times that the food truck court is open to the public for business.

G.

Restrooms. Permanent restrooms must be provided within the boundaries of the food truck court. The number of water closets and lavatories required shall be based on the occupant load for fixed seating of the food truck court as required by the currently adopted plumbing code. At least one handicapped restroom for each gender shall be provided within 500 feet from each mobile food vending unit.

H.

Water requirements. Food trucks can be connected to the public water system or be self-contained. Self-contained food trucks shall include all necessary holding and sanitary provisions in accordance with the Arkansas Department of Health and local plumbing codes.

Food trucks, when connected to the public water system, shall be in accordance with Arkansas Department of Health regulations, city plumbing code, and city water use code. Underground piping shall be installed per plumbing code requirements and be inspected by the City of Springdale Building Department. Either individual or common metering shall be allowed; however, no sub-metering shall be allowed.

All connections shall be in accordance with Arkansas Department of Health regulations, city plumbing code, and city water use code as it relates to backflow prevention. Backflow preventers shall be reduced pressure principle devices adequately sized to meet plumbing demands. These devices shall be protected to prevent freezing and be located above finish grade in accordance with regulatory requirements.

Detailed plans and specifications developed by a registered professional engineer in the State of Arkansas shall be required for approval prior to any connection to the public water or wastewater system.

I.

Wastewater requirements. Food trucks can be connected to the public sanitary sewer system or be self-contained.

Self-contained food trucks shall include all necessary holding and sanitary provisions in accordance with the Arkansas Department of Health regulations, city plumbing code, and city sewer use code. Operators must provide proof of an approved method for disposal of liquid wastes generated. A record of disposal must be kept for inspection. Disposal at unapproved sites is strictly prohibited.

Food trucks, when connected to the public sanitary sewer system, shall be in accordance with the Arkansas Department of Health regulations, city plumbing code, and city sewer use code. Each food truck shall have a sanitary sewer connection. Before any connection is allowed to the sanitary sewer system, the food truck must be connected to the public water system in accordance with the requirements herein. Main line sanitary sewer extensions, in accordance with the latest revision of city specifications for the "Construction of Water and Sewer Facilities," as adopted by the City Water and Sewer Commission, shall be required for all points of connection to the public sanitary sewer system. All food trucks, when connected to the public sanitary sewer system, must include an adequately sized and constructed grease interceptor. All food trucks, when connected to the public sanitary sewer system, shall provide proof of a service contract to properly operate and maintain grease interceptors.

Minimum requirements for connections to the public sanitary sewer system shall include a main line extension, discharge manhole, grease interceptor, proper venting of connections, sanitary sewer plumbing traps, and temporary connection point as described in the latest revision of the construction of water and sewer facilities as adopted by city water and sewer commission. When food trucks are disconnected from the sanitary sewer system, all connection points must be locked to prevent openings or disposal of other sources. Sanitary sewer dump stations are strictly prohibited. Only approved connections are allowed.

Detailed plans and specifications developed by a registered professional engineer in the State of Arkansas shall be required for approval prior to any connection to the public water or wastewater system.

All variance requests must be approved by the City of Springdale Water and Sewer Commission.

J.

Electrical requirements.

1.

Each food truck court is required to provide electrical access for each individual food truck located in the court. Food trucks may not operate a generator in the court unless an emergency necessitates the need for a generator. Generators shall not be used for more than two consecutive days during emergencies.

2.

Extension cords shall not be utilized. Appliances shall be plugged directly into electrical outlets.

3.

All electrical outlets within six feet of a wet location shall be ground fault circuit interrupter (GFCI) protected. All exterior outlets shall be GFCI protected.

K.

Fire safety.

1.

Food trucks which perform cooking operations which produce grease laden vapors shall be provide a kitchen hood with ventilation protected with a fixed fire extinguishing system with current inspections.

2.

Coleman stoves or equivalent are prohibited.

3.

All cooking appliances shall be of an approved type, listed and labeled for the use intended.

4.

Hot water tanks or water heaters shall be installed in accordance with adopted plumbing codes and manufacturer's installation instruction and shall include venting of the tank.

5.

All LPG cylinders shall be protected from damage and secured upright. LPG piping shall be an approved, labeled and listed type for use with the cooking appliances. Rubber type hose shall not be allowed. All piping shall be in accordance with NFPA standards and be protected against physical damage.

6.

No store of LPG cylinders inside trucks and/or trailers.

7.

All valves must be turned off when appliances/cylinders are not in use.

8.

Solid fuel cooking is prohibited.

9.

At least one portable fire extinguisher with a minimum of 18 pounds of dry chemical of the ABC rating shall be provided for the protection of the LPG. The extinguisher shall be accessible and inspected yearly by a licensed fire extinguisher company.

10.

At least one portable fire extinguisher of the 2A10B: C rating shall be accessible to the interior of the food truck/trailer. The extinguished shall be inspected yearly by a licensed fire extinguisher company.

L.

Trash and recycling.

1.

A written waste management plan indicating plans for waste handling, sanitation, litter collection/prevention, recycling, and daily cleanup procedures shall be required.

2.

Waste receptacles for public use shall be made available and kept neat and orderly at all times and garbage or trash shall be removed prior to the departure of the mobile food truck each day. City trash receptacles are not to be used for this purpose.

3.

Vendors must remove all waste and trash at the end of each day or as needed to maintain the health and safety of the public.

4.

All areas within five feet of a food truck must be kept clean of grease, trash, paper, cups or cans associated with the vending operation.

5.

No liquid waste or grease is to be disposed in tree pits, storm drains or onto the sidewalks, streets or other public spaces. Under no circumstances can grease be released or disposed of in the City's sanitary sewer system.

M.

Signs. One on-premise sign identifying the food truck court is permitted at the entrance. Each food truck may have one attached sign. One temporary sandwich board sign is permitted per food truck, to be displayed within ten feet of the unit and within the boundaries of the food truck court. Only one banner or temporary inflatable sign may be permitted at one time at each court.

N.

Performance standards.

1.

The visual and structural integrity of the food trucks must be maintained continuously.

2.

All items related to the operation of the food truck shall be kept on or in the unit. No such items shall be stored or placed upon any public space adjacent to the site.

3.

No item(s) related to the operation of the food truck court or units shall be leaned against or hung from any building or any other structure, including but not limited to, lampposts, mailboxes, traffic signal control boxes, fire hydrants, tees, tree boxes, benches, bush shelters or traffic barriers.

4.

All grounds utilized by the food truck court shall at all times be maintained in a clean and attractive condition.

5.

All materials generated from a food truck that are to be disposed of should be disposed of properly. It is illegal to discharge or dispose of any substance, material, food, or waste into the storm drain system.

6.

Food trucks shall source local products when available.

O.

Operation requirement.

1.

The property must meet all commercial zoning requirements or form based code requirements.

2.

All food trucks situated on the property shall be located on an impermeable surface such as concrete or rolled asphalt.

3.

All food trucks that remain on the property overnight shall have connections for electricity, potable water and sewage disposal, or a system to adequately provide these services. All units that are unable to comply with these requirements shall be removed from the property overnight for commissary service prior to its next day of operation.

P.

Permit requirements.

1.

Persons operating a food truck court shall possess a valid, current permit from the city as provided in this article.

2.

Each individual food truck in the court shall have a permit that specifies the type of food to be vended, the manner in which the food is to be vended, and a description of any vehicle to be used in the food vending operation.

3.

A person seeking a food truck court permit from the city shall make application on a form provided and shall provide all of the information listed as follows:

(a)

The name and address of the owner and/or operator;

(b)

A government issued identification of the applicant;

(c)

If the applicant represents a corporation, association or partnership, the name and addresses of the authorized representative;

(d)

The name under which the food truck court will be operated;

(e)

The number of food trucks to be allowed in the court;

(f)

Information on any proposed live entertainment, such as bands, Djs, music amplification, outdoor dancers and performers and similar activities that occur outdoor.

4.

A person seeking a food truck permit to operate within a food truck court shall make application on a form provided and shall provide all of the information as follows:

(a)

The name and address of the owner and/or operator;

(b)

A government issued identification of the applicant and all employees;

(c)

A description of the type of foods or the specific foods to be vended; as for example prepackaged or unpackaged non potentially hazardous food, prepackaged potentially hazardous food, and openly handled potentially hazardous food;

(d)

The manner of food truck vending operation to be conducted;

(e)

A description of any vehicle to be used in the mobile food vending operation along with the license or registration and vehicle identification number of any vehicle licensed or registered with the state.

A copy of the permit shall be firmly attached and visible on the mobile vendor unit at all times.

Q.

Site plan requirements. A detailed site plan of the food truck court is required containing the following:

1.

The location, size and orientation of each vendor pad.

2.

The location of all paving, trash enclosures, landscaping, planters, and fencing.

3.

The location of all existing and proposed activities on site including but not limited to pavilions, seating areas, restrooms, canopies, umbrellas or other table covers, barriers or any other site amenities.

4.

The circulation of all pedestrian and vehicle traffic on the site. Parking areas including ADA compliant publically accessible routes of ingress/egress to each mobile vendor unit.

5.

Location of utilities on site.

6.

A detailed lighting plan.

7.

A written waste management plan indicating plans for waste handling, sanitation, litter collection/prevention, recycling, and daily cleanup procedures.

(Ord. No. 3307, 3-25-03; Ord. No. 3451, §§ 1, 2, 2-10-04; Ord. No. 3676, § 1, 5-10-05; Ord. No. 3850, § 1, 3-14-06; Ord. No. 3913, § 1, 6-27-06; Ord. No. 3916, § 1, 6-27-06; Ord. No. 4024, §§ 22—24, 2-13-07; Ord. No. 4069, § 1, 6-26-07; Ord. No. 4264, § 1, 10-28-08; Ord. No. 4327, § 1, 6-9-09; Ord. No. 4373, § 1, 10-13-09; Ord. No. 4466, § 1, 11-9-10; Ord. No. 4517, 7-12-11; Ord. No. 4531, 9-13-11; Ord. No. 4689, § 1, 4-15-13; Ord. No. 4690, § 1, 4-15-13; Ord. No. 4771, § 1, 3-11-14; Ord. No. 4848, § 1, 10-28-14; Ord. No. 4856, § 1, 11-25-14; Ord. No. 4912, § 1, 5-12-15; Ord. No. 4977, § 1, 11-10-15; Ord. No. 5021, §§ 1, 2, 3-8-16; Ord. No 5029, § 1, 4-12-16; Ord. No. 5180, § 1, 6-13-17; Ord. No. 5258, § 1, 3-13-18; Ord. No. 5356, § 2, 2-26-19; Ord. No. 5486, § 1, 7-14-20)

4.1

Access to structures. Every building hereafter erected or moved shall be on a lot adjacent to an improved public street or an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

4.2

Prefabricated and modular construction. Modular and other prefabricated office structures shall meet the requirements of the governing district; however, that the term "modular structures" or "prefabricated structures" shall not include a manufactured or mobile home whether or not same be equipped with undercarriage.

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

1.

Zoning district regulations.

2.

The building codes of the city.

3.

Be secured to a permanent masonry or concrete foundation.

4.

Have permanent water and sewer connections.

4.3

Landscape and buffering requirements. See chapter 56 of this Code.

4.4

Light and glare. To protect adjoining uses and vehicular traffic in the right-of-way, the following provisions shall apply to the generation of light and glare in multifamily and commercial districts.

A.

Applicability. The requirements of this section shall be imposed for all new construction of commercial and multifamily developments.

B.

All exterior lighting fixtures in parking areas and driveways shall utilize cutoff shields or other appropriate measures to conceal the light source from adjoining uses and rights-of-way. Other lights shall be designed to minimize spillover glare beyond the site boundaries.

C.

Interior lighting in parking garages shall utilize appropriate shielding to minimize spillover upon adjacent uses and the right-of-way.

4.5

Digital asset mining. In addition to the requirements of article 2, section 12 of this chapter, pertaining to conditional uses on appeal to the planning commission, a digital asset mining facility shall:

1.

Operate in a manner that causes no stress on an electric public utility's generation capabilities or transmission network;

2.

Shall be subject to the commercial design standard and guidelines as provided in section 112-15 of the Code of Ordinances of the City of Springdale, Arkansas; and,

3.

Shall be subject to chapter 42, article III (Noise), of the Code of Ordinances of the City of Springdale, Arkansas.

(Ord. No. 3307, 3-25-03; Ord. No. 5884, § 3, 9-12-23)

5.1

General eligibility and staging requirements.

1.

Location. The intent is to apply the PUD district to areas designated as agricultural, residential or commercial on the land use plan.

2.

Ownership. Eligible applicants for preliminary plan review must be the landowners of record, holders of a lease for not less than fifty (50) years, or their authorized agent and beneficiaries of all properties in question. The approved final development plan shall be binding on all subsequent owners of the land until revised or repealed as authorized in this article.

3.

Minimum size. Eligible properties must be ten (10) acres in size.

4.

Staging. Submissions of proposals of entire ownerships is encouraged, however, applicants may submit a phased development plan for incorporating incremental final development plans and plats for subareas of the entire ownership. Phased development must indicate the entire ownership on a boundary survey with all proposed streets and drainage. Where this is done, the applicant shall adhere to the approved development schedule for the phased submission of final development plan and plat.

If the applicant cannot adhere to the time period approved, a written request for extension may be submitted to the planning commission for approval of a maximum of two (2) one-year extensions. Additional extensions shall require approval of the city council.

5.2

Application review procedures.

1.

Generally. The application procedure shall consist of three (3) phases:

a.

A preapplication conference with planning and community development staff.

b.

A preliminary development plan reviewed and approved by the planning commission and the city council.

c.

Final development plan approved as a whole or in phases by the planning commission and city council following its review for conformity with the preliminary development plan.

d.

The final development plan shall be approved prior to the issuance of any building permits within any portion of the planned unit development. The final development plan shall be recorded prior to the issuance of a building permit.

2.

Preapplication conference. Before submitting an application, the landowner or authorized agent shall confer with city staff in order to become familiar with the development review process. The staff shall inform the applicant of any perceived problems that may arise. A further purpose of the preapplication conference is to make sure that the applicant has, or will be able to, submit the necessary information for filing the application. The intent of this conference is to provide guidance to the applicant prior to incurring substantial expense in the preparation of plans, surveys and other data required in a preliminary plan.

3.

Preliminary development plan review. An application seeking a PUD rezoning of a parcel of property shall submit to the planning and community development division a preliminary plan and all the necessary fees at the time of the filing.

The preliminary plan will be submitted through the technical plat review process established in chapter 112 of this Code and the recommendations from that process will be forwarded to the planning commission. A public hearing for the preliminary plan shall be set no later than sixty (60) days after filing and shall be legally advertised as specified in the zoning ordinance.

At the public hearing before the planning commission, the applicant and interested citizens will have the opportunity to discuss the merits of the development proposal. The planning commission will assess the proposal in light of ordinance guidelines and will take action after weighing the recommendations of staff, the developer's presentation and the community response. The commission shall approve, grant approval with conditions on specified modifications, or disapprove the development proposal. The applicant shall receive written notification of the action taken by the planning commission within ten (10) days of the meeting date.

If the planning commission approves the preliminary plan, it will be forwarded to the city council for their review. The city council may grant or deny as submitted or as amended, defer for requested changes or information, or return the application to the planning commission for further study. The council may direct the planning commission to reconsider specific aspects of the preliminary plan. If the preliminary plan is approved, an ordinance shall be prepared which incorporates the plan or conditions. The city shall not issue any building or occupancy permits until the specified conditions or modifications are met.

If a preliminary plan is conditionally approved, the applicant shall have ninety (90) days from the date of planning commission action granting approval to submit a revised preliminary plan. If the planning staff determines such revisions are in conformance with the planning commission's specific recommendations, it shall be forwarded to the city council for disposition. If the revisions are determined not to be in conformance with the intent of the conditional approval, the revised development plan will be resubmitted to the planning commission for public hearing.

Appeals from the action of the planning commission shall be filed with the city clerk. The content of the of the appeal filing shall consist of (1) a cover letter addressed to they mayor and city council setting forth the request; (2) a copy of the application indicating the planning commission action and property executed by the staff. This filing shall occur within thirty (30) calendar days of the action of the planning commission.

4.

Engineering plans and specifications. After the approval of the preliminary plat but before improvements are started, the developer shall submit engineering plans, a final drainage report, and specifications for the streets, grading, and storm drainage improvements including, but not limited to, profiles, specifications, and cross-sections along with grading and storm drainage plans and computations, pursuant to and in compliance with chapter 106, storm water drainage to the director of the planning and community development division for review and written approval prior to commencement of improvements. During the same period, the subdivider shall submit water and sewer plans and specifications to the water and sewer department. No work shall begin without prior approval of the director of the planning and community development division.

All streets which are to be dedicated to the city as public streets within the planned unit development boundaries shall be dedicated and constructed in conformance with the master street plan and chapter 110 of this Code, with right-of-way dedicated when such right-of-way is needed to conform to the master street plan.

5.

Final development plan and plat. The applicant shall generally have one year from the date of preliminary development plan and plat approval to submit the final development plan and plat. In cases where a phased preliminary development plan is approved, an approved submission schedule for incremental final development plan and plat shall be followed. Requests for extensions shall be submitted in writing to the planning commission, which shall not unreasonably withhold approval. A maximum of two (2) one-year extensions may be granted by the planning commission. Additional extensions shall require approval by the city council. Extensions must be applied for before the time elapses on preliminary approvals.

The final development plan and plat review shall be conducted by the planning commission and staff. They will review the final development plan and plat to determine that no substantial changes were made to those elements of the plan agreed upon in the preliminary development plan. If substantial changes are found to have been made to the agreed elements, then the application must be resubmitted for preliminary development plan review.

The final development plan shall be deemed to be in substantial compliance with the preliminary development plan provided the plan does not:

a.

Increase proposed floor area for nonresidential use by more than five (5) percent.

b.

Increase total building coverage by more than five (5) percent.

c.

Increase total number of dwelling units by more than five (5) percent within a given phase. Fluctuation shall be permissible, provided overall density is maintained.

A public hearing need not be held to consider modifications on location and design of infrastructure improvements as detailed in the subdivision regulations.

If the planning commission finds only minor differences exist in the final development plan and plat, then the commission shall approve final disposition.

Approval or disapproval of a final development plan and plat by the planning commission shall occur within sixty (60) days of the filing of the plan and plat. If the plan as submitted contains deviations of substance from the previously approved preliminary development plan the planning commission may, after meeting with the landowner, refuse to grant final approval and shall so advise the landowner of said refusal, giving the reasons such deviations are not in the public interest.

The landowner may either submit a final development plan and plat in conformance with the preliminary plan or file a written appeal with the city council within thirty (30) days of the refusal date. The city council shall consider the appeal at its next regularly scheduled meeting.

Before the final development plan and plat has been approved, the applicant shall assure installation of required public improvements as required for final plat approval in the city subdivision regulations. After compliance has been reached with all provisions of the PUD regulation and subdivision regulation, the engineer of record shall present to the staff the original documents, which after application of proper signatures shall be recorded with the county clerk's office.

5.3

Submission requirements. As part of the application process, the applicant shall be required to submit the following documents and information.

1.

Preliminary development plan and plat.

a.

A statement describing the character of the development and including the rationale behind the assumptions and choices made by the application.

b.

A site plan as described in this regulation.

c.

A development schedule indicating the approximate date when construction of the development or stages of the development can be expected to begin and to be completed.

d.

A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the PUD, including land areas, and dwelling units.

e.

A preliminary plat in accordance with the subdivision regulations for the city.

2.

Final development plan and plat.

a.

A letter from the applicant requesting final development plan review.

b.

A description of the maintenance provisions of the development.

c.

Final subdivision plat.

d.

A final site plan reflecting any changes from the original site plan.

e.

Property owner association agreement and protective covenants.

Building permits may be issued upon request by the owner or developer based on the approved final development plan and plat.

5.4

Waiver or variances. Waivers or variances are not permitted. Once the final plan and plat have been approved, the board of adjustment will not have jurisdiction over variances of lot sizes, bulk or area regulations, and variances or waivers thereof will not be permitted.

5.5

Modification of plan and plat. If, after the development of the PUD has commenced, it becomes either impossible or unconscionable for the applicant to adhere to the approved plan and plat, a modified plan and plat, consistent in intent, can be submitted to the planning commission for public hearing, with notice to adjacent property owners, and the city council for final approval. The modified plan and plat may be substituted for the original plan and plat upon approval by both the planning commission and the city council to the extent it is deemed just and proper so as to relieve the difficulty or hardship in question, provided that such relief may be granted without detriment to the public interest.

(Ord. No. 3307, 3-25-03)