The following shall be the zoning districts of the city:

Residential districts. The residential zoning regulations are intended to accomplish the following:

A.

Protect the residential character of areas from noise, traffic, congestion, and other adverse effects caused by commercial and industrial uses;

B.

Encourage a suitable environment for family life by providing openness for living areas, appropriate neighborhood facilities, and compatible community facilities;

C.

Preserve the Victorian architecture and quaint historic character of the city and structures;

D.

Encourage restoration of historic and cultural features;

E.

Foster respect for the city's past and present beauty.

District R-1: Victorian residential.

A.

Purpose. The Victorian Residential District is designed to protect and grant distinction to the older, majestic residential areas with historic, architectural, or cultural significance. To protect and enhance the value and character of the area, the city mandates that all future development be subject to land usage and dimensional review by the city planning commission and architectural review by the historic district commission.

B.

Permitted uses. Following is a list of permitted uses in the R-1 Victorian Residential District. The listed uses are permitted by right.

Dwelling, single-family  Dwelling, two-family  Public use

Home occupation requiring no coming and going of the general public and no overnight street parking of construction trailers or other business-related vehicles including, but not limited to, mowers, mixers and dirt removal equipment.

C.

Restrictions in R-1 Victorian residential.

1.

No request for a conditional use permit shall be granted if the property line of the property upon which the use will be carried out is within two hundred (200) feet in any direction of the primary frontage streets of the property line of where an existing conditional use or legal nonconforming use offering the same or similar services is located. This restriction is not intended to, nor shall it apply to any existing, permitted conditional use activities where a permit is requested for an existing activity due to a change in ownership.

2.

Conditional uses. The following is a list of conditional uses in the R-1 Victorian residential district: These uses require a conditional use permit (CUP).

Bed and breakfast

Boarding house

Building used for religious services

Community service center

Daycare, small

Dwelling, multiple-family

Education

Healthcare provider

Wedding establishment

Home occupation involving access by the general public

3.

Weekly rentals. (only those existing prior to Ord. No. 2184, July, 2013)

4.

Tourist lodging. Restriction of tourist lodging in District R-1 Victorian residential is not intended to, nor shall it apply to, any existing permitted conditional use activity where permit is requested for an existing activity due to change in ownership.

D.

Legal nonconforming buildings.

E.

Existing conditional uses.

District R-2: Contemporary residential

A.

Purpose. The contemporary residential district is intended to promote residential areas for low density housing. This district differs from the Victorian residential district in character, age, and architecture of its structures. Density of residential development shall not exceed four (4) dwelling units per acre.

B.

Permitted uses. Following is a list of permitted uses in the contemporary residential district. The listed uses are permitted by right.

Dwelling, single-family

Dwelling, two-family

Public use

Home occupation requiring no coming and going of the general public and no overnight street parking of construction trailers or other business-related vehicles including, but not limited to, mowers, mixers and dirt removal equipment.

C.

Restrictions in R-2 Contemporary Residential.

1.

Conditional Uses. The following is a list of conditional uses in the R-2 Contemporary residential district:

These uses require a conditional use permit (CUP). Restriction is not intended to, nor shall it apply to, any existing permitted conditional use activity where permit is requested for an existing activity due to change in ownership.

Bed and breakfast

Boarding house

Building used for religious services

Community service center

Daycare, small and large

Dwelling, multiple-family

Education

Healthcare provider

Wedding establishment

Home occupation requiring access by the general public

Weekly Rentals Only those operating prior to July, 2013 are permitted in any residential district. At that time, all weekly rentals were in R-1.

2.

Existing Conditional Uses.

District R-3: Multiple-Family Residential

A.

Purpose. The multiple-family residential district is intended to provide areas where dense multiple-family dwellings are permitted, such as apartment complexes. A density of four (4) to twenty-four (24) dwelling units per acre is permitted to encourage the development of a variety of dwelling types in suitable environments in a variety of densities.

B.

Permitted uses. Following is a list of permitted uses in the multiple-family residential district: The listed uses are permitted by right.

Community service center

Dwelling, single-family

Dwelling, two-family

Dwelling, multiple-family

Education, public use

Home occupation requiring no coming and going of the general public and no overnight street parking of construction trailers or other business-related vehicles including, but not limited to, mowers, mixers, and dirt removal equipment.

Manufactured homes.

Manufactured homes — minimum requirements:

1.

All dwelling units constructed in or set up in this district, whether by new construction, addition to an existing unit, placement of a multi-section manufactured or modular home, or combination of two (2) or more single-section manufactured homes, shall have a minimum dimension on each side of at least twenty (20) feet.

2.

All dwelling units constructed in this district shall have foundation systems which meet city building code, and in the case of manufactured homes, shall be installed and anchored in accordance with the manufacturer's installation instructions and/or rules and regulations of the Arkansas Manufactured Housing Commission.

3.

All dwelling units constructed or installed in this district on a crawl space shall have a perimeter foundation enclosure or skirting walls constructed of masonry, brick, block, rock, or stone.

4.

All units constructed or set up in this district shall have a minimum roof pitch of 4:12 on the main part of the structure (i.e., porches are not required to meet this minimum).

5.

All dwelling units constructed or installed in this district shall use vinyl, wood or wood composite siding materials but shall not use metal or aluminum siding.

6.

All units moved into this district from off-site shall be: new and under warranty, or inspected by the building official prior to being moved on site to ensure proper function.

The following guidelines are the basis of approval or denial of placement for used manufactured homes.

a.

All roofing materials shall be secure, without gaps or damaged shingles.

b.

All windows shall be operative without broken panes or damaged trim or screening.

c.

All exterior siding shall be in place and undamaged. No dented, torn, burned, loose or mildewed siding shall be allowed.

d.

All kitchen and bathroom facilities shall be fully operational and all mechanical equipment shall be in good working order.

e.

Any attached gutters shall be secured and functional.

f.

All cornice materials shall be in place and undamaged.

g.

Paint shall be uniform and unblemished.

h.

Doors shall be plumb and fully operational. No damaged screening or door fixtures shall be allowed.

i.

All flooring shall be structurally undamaged and secure. Holes in the flooring, or flooring that is missing, dented, broken, or in a state of damage or decay will not be allowed.

7.

All manufactured home dwelling units constructed in this district shall have all transportation components removed at the time of installation.

8.

Manufactured homes shall not be allowed within the historic district.

C.

Conditional Uses. The following is a list of conditional uses in the multiple-family residential district:

These uses require a conditional use permit (CUP). Restriction is not intended to, nor shall it apply to, any existing permitted conditional use activity where permit is requested for an existing activity due to change in ownership.

Bed and breakfast

Boarding house

Building used for religious services

Daycare, small and large

Healthcare provider

Office, small

Restaurant, no drive through

Retail, small

Services, personal

Wedding establishment

Home occupation involving access by the general public

Weekly Rentals Only those operating prior to July 2013 are permitted in any residential district. At that time, all weekly rentals were in R-1.

Tourist Lodging Only those operating prior to September 2021 are permitted. At that time, all tourist lodgings were in R-1 and R-2.

Commercial districts. The regulations of the commercial districts are intended to:

A.

Encourage stable and efficient commercial areas that will meet the needs for goods and services of the community;

B.

Minimize and control the adverse effects of commercial uses on other land uses;

C.

Preserve the character of historic commercial buildings by fostering the development of merchant activities in those structures;

D.

Preserve the "city" concept of the central marketing core.

District C-1: Victorian Commercial.

A.

The Victorian commercial district is designed to preserve the historic character of the area by encouraging uses that will not cause the decline or destruction of historic or otherwise culturally significant features. Commercial uses in this district require a central location and must be accessible from routes entering the city. The Victorian commercial district is intended to provide uses that are more pedestrian oriented and in harmony with the historic and "city's" concepts than the contemporary commercial district. To protect and enhance the value and character of the area, the city mandates that all future development be subject to land usage and dimensional review by the city planning commission and architectural review by the historic district commission.

B.

Permitted uses. Following is a list of permitted uses in the Victorian commercial district: The listed uses are permitted by right.

Bed and breakfast

Boarding house

Building used for religious services

Club or lodge

Community service center

Dwellings contained in commercial buildings

Education

Entertainment, small

Financial institution

Hostel

Hotel

Library

Museum

Office, small and large

Parking lot

Public use

Restaurant, no drive through

Retail, small

Retail, large

Studios/workshops

Tour home/house museum

Tourist lodging

Wedding establishment

C.

Conditional uses. The following is a list of conditional uses in the Victorian commercial district: These uses require a conditional use permit (CUP). Restriction is not intended to, nor shall it apply to, any existing permitted conditional use activity where permit is requested for an existing activity due to change in ownership.

Convention, banquet facility

Daycare, small and large

Healthcare provider

D.

Prohibited uses. Direct vending on public ways, including but not limited to the offering of prepared foods and merchandise for public sale on the public streets, alleys, sidewalks or other public ways of the city, whether from vending machines or from existing structures opening onto such public ways, with the exception of newspaper vending machine.

District C-2-C: Contemporary Commercial.

A.

Purpose. The contemporary commercial district is intended to allow modern development of commercial facilities along major arterial streets outside the defined historic district. The groupings should be attractive and arranged with every consideration for driving safety and sufficient parking.

B.

Permitted uses. Following is a list of permitted uses in the contemporary commercial district: The listed uses are permitted by right.

Bed and breakfast

Boarding house

Building used for religious services

Club or lodge

Commercial supplier

Community service center

Conference/Convention center, banquet facility

Day care, large and small

Dwellings, single-family

Dwellings, two-family

Dwellings, multiple-family

Dwelling units contained in a commercial building

Education

Entertainment, small and large

Financial institution

Funeral home, crematorium

Gasoline service station, with or without convenience store

Health care provider

Hostel

Hotel/motel

Medical services

Mini-warehouse

Museum

Office, small and large

Parking lot

Public use

Restaurant, drive through, refreshment stand

Restaurant, no drive through

Retail, small

Retail, large

RV Park

Services, personal

Storage

Studios/workshops

Tour home/House museum

Tourist lodging

Trades and services, not personal

Veterinarian, small animals, no outdoor kennel

Warehousing, storage

Wedding establishment

Wholesaling

C.

Conditional uses. The following is a list of conditional uses in the contemporary commercial district: These uses require a conditional use permit (CUP). Restriction is not intended to, nor shall it apply to, any existing permitted.

Conditional use activity where permit is requested for an existing activity due to change in ownership.

Auto, motorcycle servicing

Auto, motorcycle, small boats, sales, rental

Manufacturing, light

Pawn and gun shops

Towers and beacons

Transportation center

Truck stop

District C-2-H: Contemporary Commercial—Historic District.

A.

Purpose. The contemporary commercial historic district is intended to allow modern development along major arterial streets within the historic district while supporting the overall character of the historic district. The groupings should be attractive and arranged with every consideration for driving safety and sufficient parking.

B.

Permitted uses. Following is a list of permitted uses in the contemporary commercial district: The listed uses are permitted by right.

Bed and breakfast

Boarding house

Building used for religious services

Club or lodge

Commercial supplier

Community service center

Convention center, banquet facility

Day care, large and small

Dwellings, single-family

Dwellings, two-family

Dwellings, multiple-family

Dwelling units contained in a commercial building

Education

Entertainment, small and large

Funeral home, crematorium

Gasoline service station, with or without convenience store

Health care provider

Hotel/motel

Office, small and large

Parking lot

Public use

Restaurant, drive through, refreshment stand

Restaurant, no drive through

Retail, small

Retail, large

Services, personal

Studios/workshops

Tourist lodging

Trades and services, not personal

Veterinarian, small animals, no outdoor kennel

Warehousing, storage

Wedding establishment

Wholesaling

C.

Conditional uses. The following is a list of conditional uses in the contemporary commercial historic district: These uses require a conditional use permit (CUP). Restriction is not intended to, nor shall it apply to, any existing permitted conditional use activity where permit is requested for an existing activity due to change in ownership.

Transportation center

D.

Prohibited uses. The construction of any towers in the C-2-H District.

District C-3: Quiet use commercial.

A.

Purpose. The quiet use commercial district is intended to allow commercial use of residential style buildings near or adjacent to residential neighborhoods. Such uses must not be offensive to the residential character of the neighborhood, including no involvement of the exterior or outward appearance in the commercial use. Quiet uses must be carried out in a building originally designed as a dwelling or which existed as a commercially designed building prior to October 15, 1987. Alteration of a building which is consistent with its previous use as a dwelling is permitted, subject to other relevant provisions of this code.

To qualify as a quiet use, the performance of the business must not involve any of the following:

1.

Open before 7:00 a.m. or after 9:00 p.m.

2.

Service of alcohol, unless there is also service of food

3.

Dancing

4.

Loud music

5.

Bright lights or neon signs

6.

Shipping or receiving of inventory in vehicles larger than pickup trucks, except where allowed by state law

7.

Any outside work activity related to the commercial use

8.

Any exterior alteration of the building to adapt it to commercial use

9.

Unpleasant odor

B.

Permitted uses. Following is a list of permitted uses in the quiet use commercial district: The listed uses are permitted by right.

Bed and breakfast

Boarding house

Building used for religious services

Day care, large and small

Dwellings, single-family

Dwellings, two-family

Dwelling units contained in a commercial building

Hostel

Office, small and large

Public use

Retail, small

Restaurant, no drive through

Services, personal

Studios/workshops

Tour home/house museum

Tourist lodging

Wedding establishment

C.

Conditional uses. The following is a list of conditional uses in the quiet use commercial district: These uses require a conditional use permit (CUP). Restriction is not intended to, nor shall it apply to, any existing permitted conditional use activity where permit is requested for an existing activity due to change in ownership.

Community service center

Convention center, banquet facility

Dwelling, multiple-family

Education

Funeral home, crematorium

Healthcare provider

Intimate theater

Carnegie Library is exempt.

Library

Museum

Parking lots

District I: Industrial.

A.

Purpose. The regulations of the industrial district are designed to:

1.

Designate suitable sites for all types of manufacturing and related activities;

2.

Protect residences by separating them from manufacturing activities and by prohibiting residential development in such areas.

B.

Permitted uses. Following is a list of permitted uses in the industrial district: The listed uses are permitted by right.

Adult oriented businesses

Auto, motorcycle servicing

Auto, motorcycle, small boats, manufactured homes, sales and rental

Commercial supplier

Entertainment, large

Gasoline service station, with or without convenience store

Industry

Large equipment, sales, service, storage

Manufacturing, heavy

Manufacturing, light

Parking lots

Public use

Public utility

Retail, large

Trades and services, not personal

Truck stop

Warehousing/storage

Wholesaling

C.

Conditional uses. The following is a list of conditional uses in the industrial district:

These uses require a conditional use permit (CUP). Restriction is not intended to, nor shall it apply to, any existing permitted conditional use activity where permit is requested for an existing activity due to change in ownership.

Restaurant, no drive through

Restaurant, drive through, refreshment stand

Wedding establishment

D.

Prohibited uses. See section 14.08.020

District A: Agricultural.

A.

Purpose. The regulations of the agricultural district are designed to protect undeveloped areas from intensive development and use until such areas are otherwise zoned. Agricultural uses which produce noise or odor are prohibited.

B.

Permitted uses. Following is a list of permitted uses in the agricultural district:

The listed uses are permitted by right.

Agricultural

Cemetery

Dwelling, single-family

Dwelling, two-family

Grain elevator, feed mill

Healthcare provider

Public use

Veterinary, large animal, outdoor kennel

Veterinary, small animal, no outdoor kennel

Warehousing/storage

C.

Conditional uses. The following is a list of conditional uses in the agricultural district:

These uses require a conditional use permit (CUP). Restriction is not intended to, nor shall it apply to, any existing permitted conditional use activity where permit is requested for an existing activity due to change in ownership.

Airports

Auction house

Club or lodge

Community service center

Education

Entertainment, large

Gasoline service station, with or without convenience store

Office, small

Parking lot

Public utility

Restaurant, no drive through

Restaurant, drive through, refreshment stand

Wedding establishment

D.

Prohibited uses. See section 14.08.020.

District MHP: Mobile home park.

A.

Purpose. The mobile home park district is designed to located mobile homes near residential facilities such as schools, play areas, and convenience shops in courts with density of ten (10) dwelling units per acre or less.

B.

Permitted uses. Following is a list of permitted uses in the mobile home park district: The listed uses are permitted by right.

Community service center

Mobile home park

Office, small

Parking lot

Public use

C.

Conditional uses. The following is a list of conditional uses in the mobile home park district:

These uses require a conditional use permit (CUP). Restriction is not intended to, nor shall it apply to, any existing permitted conditional use activity where permit is requested for an existing activity due to change in ownership.

Club or lodge

Day care, large and small

Dwelling, multiple-family

D.

Additional requirements.

1.

Common recreation space. There shall be at least three hundred (300) square feet of common recreation space per mobile home lot; the minimum area of any common recreation area shall be eight thousand (8,000) square feet, and the minimum width of any such area shall be sixty (60) feet. Each required common recreation area shall be within three hundred (300) feet of each of the mobile homes it is intended to serve, measured along a route of pedestrian access. Such recreation area shall be no closer than twenty-five (25) feet to any property line.

2.

Compliance. All mobile home parks shall, in addition to the above, comply in all respects with section 14.08.010 of this code governing mobile home parks.

3.

Off-street parking.

(Ord. No. 1816, §§ 114-4-2.1, 114-4-2.3, 114-4-4, 11-2-2000; Ord. No. 1880, § 1, 8-20-2001; Ord. No. 1984, § 3, 2-14-2005; Ord. No. 1987, §§ 1, 2, 5-6-2002; Ord. No. 2142, § 3, 10-6-2011; Ord. No. 2184, Appendix D; Ord. No. 2188, § 1, 8-26-2013; Ord. No. 2236, §§ 1—3, 5, 6, 2-22-2016; Ord. No. 2311, § 2, 10-11-2021)

Following are uses which are not allowed in any zoning district within the authority of the city. These uses are considered detrimental to adjacent property owners and to the citizens of the city.

A.

Agricultural uses emitting noise in violation of this code or noxious odor detectable on adjacent property:

Animal fats and oils rendering

Commercial tire dump or pile which remains for more than fifteen (15) days

Explosives manufacturing or storage

Junkyard or scrap metal yard

Recycling facilities which produce odor or noise, or are uncontained

Petroleum refining or storage (except wholesale distribution in tanks)

Refuse collection (unless part of solid waste management in which the city participates)

Slaughterhouse or feedlot

Smelting or ore processing

Target practice range, uncovered

Vehicle or equipment salvage

B.

It shall be misdemeanor to rent property as tourist lodging within any residential zone within the city of Eureka Springs, punishable by a fine of up to two hundred fifty dollars ($250.00) for each offense. Each twenty-four-hour period of any tourist lodging rental shall be considered a separate offense.

(Ord. No. 1816, § 114-5-1, 11-2-2000; Ord. No. 2311, § 1, 10-11-2021)

This section provides supplemental regulations for uses. All uses are subject to the provisions of this section, whether permitted by the ordinance or obtained through a use variance.

Conditions applying generally.

A.

Height of building. The height of a building is measured from the ground to the top roof line of the structure. Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy may extend above the height limit.

Churches, schools, hospitals, sanitariums and other public and semi-public buildings may exceed the height limitation of the district if the minimum depth of the rear yards and the minimum width of side yards are increased one (1) foot for each two (2) feet by which the height limit is exceeded.

B.

Open space. No open space or lot area required for a building shall simultaneously be counted as open space for any other building.

Projections. Open eaves, cornices, window sills, and belt courses may project into any required yard a distance up to one (1) foot. Open porches may project into a yard a distance up to five (5) feet. Neither shall be considered in calculating the open space for purposes of meeting the requirements of this chapter.

C.

Required street frontage and access for dwellings. If a dwelling is to be erected on a lot, the lot must abut a street for at least thirty-five (35) feet and have a width of at least thirty-five (35) feet at the building line. All dwelling unit lots must have a public street as the primary means of access. A garage apartment may be built to the rear of the main building if all other provisions of this chapter are met.

D.

Usual obstructions at intersections. On the corner of any lot formed by two (2) intersecting streets, no structure, plant growth, or other visual obstruction shall be maintained having a height in excess of three (3) feet above the crown of the roadway, in a area measured as a triangle with legs that extend thirty (30) feet from the corner of the lot (at the intersection) along the lot lines abutting the intersecting streets. The base of the triangle connects the two (2) furthest ends of these lines.

E.

Planned unit development.

1.

A planned unit development (PUD) is a parcel of land initially under unified ownership or control which is intended to be the site for two (2) or more buildings or uses. Also included in this definition are such building groups whose layout would make it impracticable to apply the requirements of this chapter to the individual buildings of the group. The planning commission may authorize the development as submitted, or may modify or amend the plan, so long as:

a.

The development will be in harmony with the character of the surrounding neighborhood.

b.

When completed, the development will contain a density of land use no higher than allowed in the district.

c.

The open space, building height, population density, and use requirements of the district shall be met.

d.

In authorizing the development, the planning commission may prescribe such other conditions as it deems appropriate to protect the character of the neighborhood.

The development, as authorized, shall be subject to all conditions imposed and all other requirements of this chapter, except as specified in the authorization.

2.

Application requirements. The application submitted to the city must be accompanied by an overall development plan. The development plan shall contain any information needed to determine whether special requirements should be applied. At a minimum, the development plan shall include:

a.

Site plan;

b.

Proposed uses;

c.

Dimensions and locations of proposed structures;

d.

Dimensions and locations of parking spaces;

e.

Other open spaces.

3.

Land development requirements. The tract of land must either be under one (1) ownership or the joint owners must file the application. The tract of land must be at least two (2) acres or be bounded on all sides by streets, public open spaces, or the boundary lines of less restrictive use districts.

The proposed development must:

a.

Be designed to produce an environment of stable and desirable character;

b.

Provide standards of open space;

c.

Provide permanently reserved areas for off-street parking adequate to the proposed use and at least equal to the required parking under the ordinance;

d.

Include a proposed maximum average density per acre, not including streets;

e.

Include provisions for maintenance of areas set aside for streets or common open spaces; such streets or open spaces shall not be sold or disposed of except to an organization established to maintain them, or to be dedicated to the city if the city accepts.

4.

Commercial uses allowed. The planning commission may permit:

a.

A shopping center of other service to the community, if designed as a unit of limited size and controlled by restrictions to make the service inoffensive to the character of the area;

b.

Office buildings for administrative, clerical, accounting, or business research organizations where the principal use does not involve:

(1)

The handling or display of merchandise, except as permitted as an accessory use for the accommodation of the occupants;

(2)

Frequent personal visits of clients, members, customers, or other persons not employed on the premises;

(3)

Show windows or exterior display advertising of any kind.

F.

Metal buildings.

1.

Any building whose exterior walls, as viewed from the outside, are constructed primarily from metal shall be deemed a metal building within the scope of this section.

2.

Prohibited. Except as otherwise provided in this section, metal buildings are prohibited in all zoning districts.

3.

Exemptions. The following are exempt from this section:

a.

Any metal building which is located in a C-2 Contemporary Commercial Zone or an I-Industrial Zone which has all exterior walls completely covered with one of the following types of architectural materials, or a combination thereof: brick, stucco, EFIS (exterior finish and insulation system), wood, stone, glass or patterned concrete. The architectural materials must completely disguise the metal structure underneath.

b.

Any prefabricated metal storage building with a floor area not exceeding one hundred fifty (150) square feet which:

(1)

Is intended to store the personal effects of the owner;

(2)

Is located in an R-2 contemporary residential zone; and

(3)

Otherwise qualifies as an accessory use and complies with accessory use requirements in section 14.08.040.

c.

Any structure which is otherwise permitted as a mobile home or residential manufactured home.

4.

Building permit required. An application for a building permit for a metal building must be accompanied by such drawings and information as is reasonably required by the city. The city shall either grant or deny the application within a reasonable time. If denied, the applicant may appeal the denial to the board of zoning adjustment if notice of such appeal is received by the city within fifteen (15) days of the denial.

5.

The applicant must pay a non-refundable processing fee of one hundred dollars ($100.00).

6.

Public hearing. The planning commission shall schedule a public hearing on the application. The applicant shall follow the following procedures for giving notice for this public hearing:

a.

There shall be a public notice of the hearing published at least once in a newspaper of general circulation in the city at least ten (10) days before the hearing, which notice sets forth the time and place of such hearing and the address of the proposed planned unit development. The responsibility and cost of the public notice shall be borne by the party making the proposal.

b.

The applicant shall notify all adjacent property owners (within two hundred (200) feet of the property lines in every direction) by certified mail, return receipt requested, at least ten (10) days prior to the public hearing.

c.

All return receipts and a copy of the letter with an affidavit of publication from the publisher shall be furnished to the planning commission before the public hearing.

d.

The applicant shall post at least one (1) or more conspicuous signs on the property at least ten (10) days prior to said hearing. Signs shall be provided by the city, and shall note the time and date of the public hearing.

Conditions applying to specific uses

A.

Car wash. Automobile wash service establishments shall provide paved parking space on the lot for at least five (5) vehicles per washing lane. If the establishment is on a lot that abuts any residential district, any access to the establishment shall be by an arterial or collector street only. A privacy fence shall be required when abutting any residential district.

B.

B&B. Bed and breakfast establishments and boarding houses may be allowed in residentially zoned districts as a conditional use. Regardless of the zoning district in which the property is located, the owner of the bed and breakfast or boarding house shall certify in the application that the owner or a resident manager shall live on-site. The owner or resident manager contact information must be certified each year when the business license is renewed. Off-street parking for B&B guests and manager must be provided and utilized.

C.

Child care or day care. All such establishments shall be located on lots which:

1.

Meet the minimum standards as determined by the Arkansas State Department of Human Services; and

2.

Where any such use is located on a lot abutting an agricultural, residential or mobile home park district and where any part of such use lies within fifty (50) feet of such district boundary line, a screening wall or privacy fence shall be built along the boundary lines, which shall meet the conditions for screening walls.

D.

Building used for religious services. Churches and Sunday School facilities are subject to the following conditions: When located in or contiguous to a residential or quiet use district, such use shall have a major street, or other thoroughfare which intersects with an arterial or collector street within one hundred fifty (150) feet, as it principal vehicular access.

E.

Community center. In a residential or quiet use district, a community center shall meet the same requirements as a church.

F.

Enclosure of commercial business. 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.

G.

Establishments that dispense fuel. Any establishment that dispenses fuel such as gasoline and diesel fuel shall be subject to the following requirements: In no case shall the site be less than ten thousand (10,000) square feet, with:

1.

Minimum street frontage: One hundred (100) feet.

2.

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

3.

Minimum distance of driveways from the curb line at the street: Forty (40) feet.

4.

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

5.

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

6.

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

7.

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

H.

Satellite dishes. Large (ground mounted) satellite television signal dishes (twenty-four (24) inches or greater) may not be located in the front yard of any residential district. They shall only be placed in the rear yard, and if the lot is a corner lot, only in the rear yard such that the dish cannot be seen from a street. Small satellite television signal receiver dishes (twenty-three (23) inches or smaller) may be attached to structures in as unobtrusive a location as possible.

I.

Home occupations. A business license shall be required for all new home occupations involving access by the general public.

1.

In any dwelling, a home occupation use shall not occupy more than one-third (⅓) of the gross heated floor area of any one (1) floor of the dwelling, and shall be conducted indoors. This limitation shall not apply to foster family care.

2.

No home occupation shall require internal or external alterations, involve construction feature, or use mechanical equipment not customary in dwellings.

3.

One (1) unanimated, non-illuminated identification sign of up to two (2) square feet may be displayed flat against a wall or door of the residence. No other external evidence of the operation is allowed.

4.

Power shall be limited to electric motors with a total limitation of three (3) horsepower per dwelling unit.

5.

Residents of the dwelling shall conduct the home occupation. No more than one (1) non-resident employee is allowed.

6.

Commercial vehicles must be kept in a garage.

7.

Parking is not allowed in the front yard. Properties with three (3) or more spaces must be screened by a fence or hedge.

8.

Work that produces vibrations, fumes, odors, noise, dust, and/or electrical interference with neighbor's radio and television receivers is strictly prohibited.

9.

The list of home occupations specifically excludes these uses: animal hospitals, commercial kennels, funeral parlors or undertaking establishments, antique shops, restaurants, rooming houses, dancing schools, tearooms, and wedding establishments.

J.

Hospitals. Hospital access shall be within fifty (50) feet of an arterial or collector street. This shall not apply to service entrances or alleys.

K.

Industrial use. All industrial uses shall follow the site plan review procedure to determine whether the use is operative without violating the prohibitions set forth below. Unless in existence at the time of the passage of this chapter (11-2-2000), industrial uses are prohibited which are likely to emit odor, dust, smoke, gas, or fumes beyond the property lines of the use, or are likely to generate noise or vibration which is generally perceptible at the boundary of the industrial district or in adjacent areas.

L.

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

In addition, all units shall meet the following requirements:

1.

Zoning district regulations;

2.

Building codes of the city;

3.

Be secured to a permanent masonry or concrete foundation;

4.

Have permanent water and sewer connections.

M.

Screening of commercial businesses. All commercial businesses, including, but not limited to, body shops and repair garages, which provide outdoor storage for vehicles and other equipment, must screen all such storage areas with an eight-foot, opaque wood, masonry or metal screening fence.

N.

Storage of used materials, appliances. This provision applies to storage or processing of used machinery, building materials, appliances, or plumbing fixtures, when located within one hundred (100) feet of any arterial or collector street or any residential or commercial district. Such uses shall be screened by a solid wall or privacy fence at least six (6) feet high. The fence shall prevent visibility from the street and the residential or commercial district. The fence shall not be used for advertising, but may contain an identification sign not to exceed ten (10) square feet in size.

O.

Temporary open-air enterprises. No such enterprises shall be located within two hundred (200) feet of any residential district boundary, nor within three hundred (300) feet of any occupied residential structure. The applicant for such use shall provide access drives to minimize traffic hazards and shall show that adequate measures are taken to prevent trash, odor, dust, noise, lights and traffic from becoming a nuisance to uses on nearby properties. A permit from the city to operate shall be required, upon payment of a fee which shall be set for this purpose by the city council from time to time by resolution and posted in the office of the city clerk. The city is authorized to terminate any such permit issue if the use becomes a nuisance to the surrounding property owners or the city in general. Applicants are also required to comply with all laws and regulations of the state of Arkansas and the United States in their operation. A permit revocation or denial may be appealed to the mayor, and if denied, to the city council.

P.

Two hundred-foot rule. No request for a conditional use permit in the r-1, victorian residential zoning district, that requests a change in use shall be granted if the property line where the requested activity would take place is within two hundred (200) feet in any direction along the primary frontage streets of the property line of an existing conditional use or legally nonconforming use offering the same or a similar service. This restriction is not intended to, nor shall it apply to any existing, permitted conditional use activity where permit is requested for an existing activity due to a change in ownership.

(Ord. No. 1816, §§ 114-6-2, 114-6-2.5, 114-6-2.6, 114-6-3.3—114-6-3.15, 11-2-2000; Ord. No. 1879, 8-20-2001; Ord. No. 2236, § 8, 2-22-2016; Ord. No. 2309, § 1, 9-13-2021)

An accessory use building is a use that is incidental to the main building or use on the same lot. If a building which otherwise qualifies as an accessory use is attached to the main building by a common wall or roof, then the accessory building shall be considered a part of the main building.

The following conditions shall apply to accessory building:

A.

An accessory building that is attached to the main building shall comply with all requirements for the main building under this chapter.

B.

All accessory buildings in a residential district shall be located on the rear one-half (½) of the lot and at least ten (10) feet from any dwelling. This limitation shall not apply to open-sided carports; provided the required front yard setback is observed.

C.

No accessory building shall be located within five (5) feet of an alley, where such alley abuts the rear line of the lot.

D.

In the case of a corner lot, the accessory building shall not project beyond the required setback or existing building line on the adjacent lot, nor be closer than thirty (30) feet of the street line from which vehicular access is gained.

E.

Accessory uses shall not cover more than thirty (30) percent of the required rear yard area.

F.

No portable building larger in size than one hundred fifty (150) square feet shall be allowed.

(Ord. No. 1816, § 114-7, 11-2-2000)

A.

Intent. The purpose of this section is to regulate the continued existence of uses, lots and structures established before the effective date of the ordinance from which this chapter derives (November 2, 2000), and amendments thereto, which do not conform to the provisions of this chapter. This section is intended to curtail enlargement of nonconformities. The goal is to preserve the integrity of the zoning districts and the regulations established by this chapter.

B.

Construction. Subject to the following provisions of this chapter, landowners may continue to use nonconforming uses, structures or lots which legally existed more than one hundred eighty (180) days prior to the effective date of the ordinance from which this chapter derives (11-2-2000) and would now be made illegal thereby. If any nonconformity is created by any amendment to this chapter adopted in the future, landowners likewise may continue their previously legal use which is made nonconforming by the amendment, if such existed more than one hundred eighty (180) days prior to the effective date of such amendment. Landowners must bring all nonconforming uses instituted within the one hundred eighty (180) days prior to the effective date of the ordinance (November 2, 2000), or any amendment thereto, into compliance with this chapter within one (1) year of the effective date of the ordinance (November 2, 2000), or the amendment.

C.

Expansion. A nonconforming use shall not be expanded or increased beyond the structure of land area it occupies.

D.

Change in use. If no structural alterations are made, a nonconforming use may be changed to another nonconforming use upon approval by the planning commission and issuance of a conditional use permit. Any such request shall be submitted to the city for public hearing as a conditional use. The proposed use must be the same or a more restrictive classification. The planning commission must find that the proposed use is equally or more appropriate to the district in which it is located than the existing use. Such finding may be by general rule or on a case by case basis. In permitting the change, the planning commission may require appropriate conditions and safeguards in accordance with the provisions of this chapter.

E.

One hundred eighty-day rule. A nonconforming use will be allowed to continue, even with a change of title, until such time as it is abandoned or discontinued for a period of one hundred eighty (180) days, after which the use shall not be resumed or revived except in conformity with the regulations of that zoning district. If the discontinuance of use is caused by circumstances beyond the control of the property owner, such as involuntary destruction by fire, a reasonable variance from the 180-day abandonment period may be granted upon good cause shown.

F.

No enlargement or alteration. A nonconforming structure may not be enlarged or altered. However, any nonconforming structure shall be kept maintained in a good state of repair at all times. Any failure to do so could result in loss of the nonconforming use status at the discretion of the city.

G.

Alteration because of damage. Any nonconforming structure or nonconforming portion of a structure that has been damaged to an extent of more than fifty (50) percent of its replacement cost shall not be reconstructed except inconformity with the provisions of this chapter. These restrictions may be waived upon good cause shown.

H.

Relocation. Any structure which is moved any distance for any reason shall conform to the regulations of the district to which it is moved.

I.

B&B, tourist lodgings — legal nonconforming. Established before September 1986. Due to a change in Ord. No. 1075, effective September 30, 1986, bed and breakfast and tourist lodging establishments which have been in business prior to September 30, 1986, are considered as legal nonconforming uses (a.k.a. grandfathered) in accordance with this section. Those establishments are listed on code page 460, with changes noted in Ord. No. 1816. No additions may be made to this list after the effective date of the ordinance from which this chapter derives (11-2-2000). They are required to continually operate in accordance with building, fire and other applicable codes of the city, and shall be limited to only the use which has been in operation since before September 30, 1986. "Continual operation" shall be defined for the purposes of this chapter as being open and in business, showing revenue, and paying taxes with no lapse of operation of greater than one hundred eighty (180) consecutive days. Any expansion of the use or the structure shall require application as a conditional use to be approved by the planning commission.

J.

Nonconforming lots. Owners of lots which are unbuildable under the size and area provisions of this chapter may request relief from the strict application of this chapter as a hardship variance. The property owner may apply for such a variance, and must show to the board of zoning adjustment that the buildable area is not sufficient for reasonable construction.

If permitted in the district, single-family dwellings may be erected on any lot of record at the adoption of the ordinance from which this chapter derives (11-2-2000), subject to other limitations imposed by this chapter. Such lot must not be in continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district.

K.

Wedding establishments. Wedding establishments in residentially zoned areas which have been in business prior to May 6, 2000, are considered as legal nonconforming uses in accordance with this section. Owners of these establishments may apply for an occupational permit (business license) prior to January 31, 2001. No charge will be assessed for an occupational permit for the portion of the year 2000 between the period of the effective date of the ordinance and December 31, 2000. Appropriate documentation must be submitted with the permit application and will be retained by the city. Applications for occupational permits after January 31, 2001, shall be required to apply for conditional use permit (CUP).

Wedding establishments are required to continually operate in accordance with building, fire and other applicable codes of the city, and shall be limited to only the use which has been in operation since before May 6, 2000. "Continual operation" shall be defined for the purposes of this chapter as being open and in business, showing revenue, and paying taxes with no lapse of operation of greater than one hundred eighty (180) consecutive days. Any expansion of the use or the structure shall require application as a conditional use to be approved by the planning commission.

1.

Legal nonconforming B&B.

a.

Doing business as a wedding establishment prior to May 6, 2000 and obtain an occupational permit prior to January 31, 2001.

If the B&B is sold, neither the B&B nor the wedding business at the B&B need to apply to the planning commission for CUP.

b.

Either was not doing business as a wedding establishment prior to May 6, 2000, or was, but did not obtain an occupational permit prior to January 31, 2001.

If the B&B is sold, the B&B is not required to appear before the planning commission for a CUP, however, the wedding business at the B&B does require a CUP.

2.

Conditional use B&B.

a.

Doing business as a wedding establishment prior to May 6, 2000, and obtained an Occupational Permit prior to January 31, 2001.

If the B&B is sold, the B&B requires a new CUP, the wedding business at the B&B does not.

b.

Either was not doing business as a wedding establishment prior to May 6, 2000, or was, but did not obtain an occupational permit prior to January 31, 2001.

If the B&B is sold, both the B&B and the wedding business require CUPs.

L.

Legal nonconforming multi-family dwellings. Should any of these properties lose their status by operation of law in the future that property or properties shall be removed from appendix C to title 14 of the Eureka Springs Municipal Code.

M.

Existing conditional use permits for tourist lodging. Property status may be transferable upon sale or transfer of ownership of property provided that the buyer follows the procedures for conditional use application, including appearing before the planning commission in a public hearing.

(Ord. No. 1816, § 114-8-11, 11-2-2000; Ord. No. 2142, § 1, 10-6-2011; Ord. No. 2311, 10-11-2021)

General conditions. The requirement to provide and maintain the required off-street parking space shall be the responsibility of the operator and owner of the land on which off-street parking space is required to be provided. In all districts in connection with every industrial, business, institutional, recreational, residential, or other use, there shall be provided at the time any building or structure is erected, enlarged or increased in capacity, or any open use is established or enlarged, off-street parking spaces conforming to the following requirements:

A.

Parking space—Off-street. For the purpose of this chapter, an off-street parking space shall consist of a nine by nineteen (9 × 19) foot space located off the street right-of-way adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas shall be so designed, maintained and regulated that no maneuvering incidental to parking or unparking shall be on any public street or right-of-way, walk, or alley, and so that any automobile may be parked and unparked without moving another.

Compact car. Compact car spaces shall be eight by sixteen (8 × 16) feet and otherwise shall comply with the above provisions. Spaces for compact car parking may be permitted for up to twenty percent (20%) of the total spaces in a parking lot which contains at least ten (10) spaces, which shall be clearly marked either on the pavement or by separate marker.

B.

Number of off-street parking required. The number of off-street parking spaces required for each use is set forth below. Off-street parking space shall be provided for each use located on a lot and may be used jointly provided the sum total of parking space requirements for all use are provided.

C.

Location of off-street parking. Parking areas include the required off-street parking spaces and access drives, and shall be located on the same lot as the use for which provided.

D.

Minimum distance and setbacks.

1.

Except for permitted entrance and/or exit drives, every off-street parking area shall be set back from the street right-of-way.

2.

No off-street parking area, exclusive of access drives, shall be located within five (5) feet of any other property unless shielded by vegetation at least thirty-six (36) inches high at planting.

E.

Dimensions. The following dimensions are based on a parking stall size of nine by nineteen (9 × 19) feet.

All other considerations shall conform to acceptable published architectural/engineering standards, as approved by the city.

F.

Handicapped parking.

1.

Where parking spaces are required for the physically disabled and/or handicapped in accordance with Chapter V, Section 508 of the Standard Building Code, the number of spaces to be reserved for the handicapped shall be as follows:

2.

Perpendicular parking spaces shall be at least ten (10) feet wide and shall have an adjacent striped access aisle five (5) feet wide minimum. Two (2) accessible parking spaces may share a common access aisle. If a sidewalk is located adjacent to the accessible parking space, a minimum of three (3) feet clear width, excluding vehicle overhangs, is required as an accessible circulation route. The access aisle shall be connected to the curb by a curb cut or ramp at a maximum inclination ratio of 12:1.

3.

Except in parking lots, parallel parking spaces next to curbs shall be separated from the space in front or behind by a minimum five-foot striped no parking area. This area shall be connected to the curb by a curb cut or ramp at a maximum inclination ratio of 12:1.

4.

Passenger loading zones shall provide an access aisle at least four (4) feet wide and twenty (20) feet long adjacent and parallel to the vehicle pull-up space, then a curb cut or ramp at a maximum inclination of 12:1 shall be provided.

5.

Parking spaces for the physically handicapped shall be located as close as possible to elevators, ramps, walkways and entrances. Parking spaces should be located so that physically handicapped persons are not compelled to wheel or walk behind parked cars to reach entrances, ramps, walkways and elevators.

G.

Curb cut required. In areas where a parking area abuts street right-of-way, a continuous raised concrete curb of not less than six (6) inches in height shall be constructed along and parallel with the entire abutting street right-of-way line, except for driveway opening or grass paving blocks.

H.

Surfacing. All entrance/exit drives, access drives, and parking and loading areas shall be graded and drained so as to dispose of all surface water accumulated thereon and shall be surfaced with a durable and dustless surface of at least an asphaltic concrete hot mix surface course or grass paving blocks for areas not under the authority of the historic district commission.

I.

Entrance/exit drives. All vehicular entrance and/or exit drives for all nonresidential use, and for all residential use for three (3) or more automobiles with access to a collector or arterial street (as designated on the master street plan), shall meet the following requirements:

All distances are to face of curb, or edge of pavement.

1.

Minimum width of drive for two-way traffic: Twenty-four (24) feet.

2.

Minimum width of drive for one-way traffic: Fifteen (15) feet.

3.

Maximum width of drive at curb or edge of pavement: Forty (40) feet.

4.

Minimum radius to the face of the curb: Fifteen (15) feet.

5.

Minimum distance between drives: Thirty (30) feet.

6.

Minimum distance of drive from curb or edge of pavement at street intersection: Forty (40) feet.

J.

Lighting. Adequate lighting shall be provided if parking facilities are used at night. This lighting shall be installed and maintained in a manner not to shine, reflect, or cause glare into abutting premises or roads and highways.

K.

Reduction of parking area. No automobile off-street parking facility shall be reduced in area or encroached upon by buildings, vehicle storage or any other use where such reduction or encroachment will reduce the area below that required.

L.

Barriers. The perimeter of the parking area adjacent to the side or rear lot line shall be provided with wheel guards, bumper guards or curbs when the parking area is located ten (10) feet or less from the lot line.

Schedule of parking requirements

A.

There are no parking requirements for businesses or residences in areas zoned C-1, Victorian Commercial.

B.

Off-street parking spaces shall be provided as follows:

C.

Vehicular use areas shall be landscaped in accordance with the city landscaping ordinances.

D.

Any landowner wishing to appeal the application of the parking requirements set forth in this section shall be entitled to appeal the determination of the city to the board of zoning adjustment.

(Ord. No. 1816, §§ 114-9-1, 114-9-1-4, 11-2-2000)

All owners of property outside the Victorian Commercial (C-1) district that have parking areas of five (5) or more spaces that are visible from a public street, sidewalk or adjacent property shall landscape the areas according to the requirements of this chapter.

(Ord. No. 1548, 11-23-1993)

A.

Each off-street parking area which is adjacent to a public right-of-way shall be separated from such right-of-way by a landscaped strip of not less than five (5) feet in width. Such strip shall contain evergreen ground cover or an evergreen hedge or an equal or better alternative. In addition, such strip shall contain at least one (1) deciduous tree not less than three (3) inches in caliper measured six (6) inches above the ground level for every one hundred fifty (150) square feet of required landscaped strip.

B.

Each off-street parking area shall be separated from the adjacent property by a landscaped strip of not less than one-half (½) the required side yard (a minimum of five (5) feet in width on the side yard) or rear yard set back (a minimum of ten (10) feet in within rear yard) for the zoning district within which such parking area is located. Such landscaping strip shall contain the same plant material as required in subsection A.

C.

The above provisions notwithstanding, no more than one (1) deciduous tree shall be required for every thirty (30) linear feet of landscaped strip.

(Ord. No. 1548, § 1, 11-23-1993)

Property owners may initiate changes in the zoning district boundaries for property they own. The planning commission and the city council, its agents, boards, or officers may propose changes to zoning district boundaries or any other provision of this chapter whenever public welfare necessitates. All rezonings shall follow the procedures of this section.

A.

Rezoning initiated by private individuals.

1.

Fee. Any party desiring a change in zoning district boundaries shall pay an application fee as determined by the city council. The fee shall be paid to the city, and shall cover the cost of public notices and other expenses.

2.

Submission requirements. Any party desiring a change in zoning district boundaries shall submit an application to the city providing the following:

a.

The name, address and telephone number of the record title holder of the property and the legal description of the property, provided by a copy of the warranty deed;

b.

The names, addresses and telephone numbers of all intended grantees, if the property is subject to contract sale or title is to be otherwise conveyed;

c.

A layman's description of the property;

d.

The zoning classification requested for the property;

e.

A brief statement of the reason for the zoning change;

f.

The names, current addresses and zoning districts of adjacent property owners (all within two hundred (200) feet of the property in every direction) including those across streets or alleys from the property in question;

g.

A statement explaining the intended use and explaining why the zoning change will not conflict with surrounding land use;

h.

A scaled drawing of the property to be rezoned showing accurate lot lines, surrounding zoning, immediately adjacent property owners' names and a north arrow;

i.

Any other material or information relevant to the application. The city may request such drawings and other documents as may be helpful to the city's review of the application;

j.

Information submitted must be signed by the record title owner of the property, or his or her agent identified and designated in writing by the property owner.

B.

Rezoning initiated by city council. When the city council desires to initiate rezonings of land within the city boundaries, such proposals shall be referred to the planning commission for study and recommendations. If the city council chooses to proceed with the rezoning, the following sections of this chapter shall be followed by the city which shall be considered the applicant.

C.

Notice of public hearing on rezoning. Upon receipt of a completed application for rezoning and the required fee, the planning commission shall schedule a public hearing on a proposed rezoning at the next scheduled meeting of the planning commission.

The following procedures shall apply:

1.

There shall be a public notice of the hearing published at least once in a newspaper of general circulation in the city at least thirty (30) days before the hearing, which notice sets forth the time and place of such hearing and the proposed rezoning. The responsibility and cost of the public notice shall be borne by the party making the proposal.

2.

The applicant shall notify all adjacent property owners (within two hundred (200) feet of the property lines in every direction) by certified mail, return receipt requested, at least ten (10) days prior to the public hearing. All return receipts and a copy of the letter with an affidavit of publication by the publisher shall be furnished to the planning commission in care of the city prior to the public hearing.

3.

The applicant shall post at least one (1) or more where deemed necessary for adequate notice, conspicuous sign or signs on the property subject to a rezoning hearing at least ten (10) days prior to said hearing. Signs for this purpose shall be provided by the city, and shall note the time and date of the public hearing. Each sign shall be no smaller than two (2) feet wide by three (3) feet long and to contain the words ZONING HEARING ON THIS PROPERTY, printed in bold block letters a minimum of three (3) inches high with a copy of the public notice concerning the rezoning petition to be placed on the sign in a clear, weatherproof enclosure.

4.

There shall be no hearing without the required public notice. Notice shall not be published before the planning commission has scheduled the public hearing.

D.

Action by the planning commission on rezoning.

1.

The planning commission shall hear the petitioner's request for rezoning at the public hearing and shall consider the petitioner's purposes for the rezoning request as well as public comments. The applicant shall be present at the meeting for the matter to be considered. If the applicant is unable to attend, written authorization from the applicant authorizing representation must be presented to the commission for the matter to be considered. Any decisions made by the designated agent shall be binding on the landowner.

2.

Planning commission votes. The rezoning, as presented or modified by the action following the public hearing, shall be voted on by the planning commission. Following such vote, the planning commission shall certify its recommendations to the city council. Should the planning commission determine a lesser impacting zone would be more appropriate to meet the purposes of the petitioner and would cause less impact on the neighboring parties, the planning commission is empowered to reduce the zoning classification requested to a different classification if the petitioner concurs, and after consideration of comments from the public, to vote thereon without the necessity of further publication of notice. Any change in zoning classification to a higher or more impacting zone would require notice be republished and public hearing be held again.

The following factors shall be considered by the planning commission in making any change:

a.

Whether the proposed change would be contrary to master, comprehensive or land use plans and would have an adverse effect on the plans;

b.

The existing land use pattern;

c.

The possible creation of an isolated district unrelated to the adjacent and nearby districts;

d.

The population density pattern and possible increase of overtaxing of the load on public facilities such as schools and infrastructure;

e.

Whether existing district boundaries are logically drawn in relating to existing conditions on the property proposed for change;

f.

Whether changed or changing conditions make the passage of the proposed rezoning necessary;

g.

Whether the proposed change will adversely influence property values or living conditions in the neighborhood;

h.

Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety;

i.

Whether the proposed change will create a drainage problem;

j.

Whether the proposed change will seriously reduce light and air to adjacent areas;

k.

Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accord with existing regulations;

l.

Whether the proposed change will constitute a grant of special privilege to an individual owner instead of protecting the public welfare;

m.

Whether there are substantial reasons why the property cannot be used in accord with existing zoning;

n.

Whether the change suggested is in harmony with the character of the neighborhood;

o.

Whether it is impossible to find other adequate sites in the city for the proposed use in districts already permitting such use.

E.

Failure of planning commission to act on rezoning.

1.

The planning commission shall make a positive or negative recommendation to the city council within sixty (60) days on any rezoning application properly placed before it. The application shall be placed on the next city council agenda for consideration by the city council.

2.

If the planning commission fails to act within this time, the applicant or other interested party shall be entitled to have the matter placed on the agenda of the next regular meeting of the city council. The city council shall assume direct jurisdiction over the matter and shall hold all public hearings required by this chapter or deemed in the best interest of the public.

F.

Action by the city council on rezoning.

1.

The city council, by majority vote, shall consider the planning commission's recommendation regarding any rezoning application at the city council's next regularly scheduled meeting, and may by ordinance adopt the recommended rezoning forwarded to it by the planning commission.

The city council may also deny the rezoning, impose conditions thereon, or may return the proposed rezoning to the planning commission for further study and recommendation.

2.

Where a rezoning is under protest by the owners of twenty (20) percent or more of the land within such area proposed to be altered, or by the owners of twenty (20) percent or more of the area of lots immediately abutting the sides of the parcel(s) included in the proposed change, or separated therefrom only by an alley or street, such proposal shall not be passed except by the favorable vote of three-fourths (¾) of the full membership of the city council. (Note: for a council of six (6) aldermen, an ordinance requires a three-fourths (¾) vote required five (5) ayes to pass.)

G.

Appeal of denial. An applicant or adjacent property owner wishing to appeal the decision of the city council may appeal the approval or denial of a rezoning to a court of law of proper jurisdiction, so long as the appeal is filed within fifteen (15) days of the decision by the city council.

H.

Zoning of new land. The city council may classify any annexation of land to the city upon recommendation by the planning commission with proper notice and procedures. Otherwise, any annexation of land shall be classified as an agricultural district until application for rezoning is made.

I.

Re-application. Once an application for rezoning of a property has been denied, such action cannot be reconsidered for a period of twelve (12) months after the original decision, except that the planning commission by a three-fourths (¾) vote of the complete membership may agree to schedule an earlier hearing in those cases where the applicant, in writing, clearly demonstrates that:

1.

Circumstances affecting the property that is the subject of the application have substantially changed; or

2.

New information is available that could not with reasonable diligence have been presented at the previous hearing.

(MC 2000, § 114-10-6a, 11-2-2000; Ord. No. 1816,11-2-2000; Ord. No. 1816, § § 114-10-1.1, 114-10-1.3, 114-10-1.4, 114-10-1.6—114-10-1.8, 11-2-2000; Ord. No. 1878, § 1, 8-20-2001)

A.

CUP required. A conditional use permit (CUP) is required for any use which is not a use allowed by right in any zoning district of the city. Conditional use permits will be issued only when authorized by the terms of this chapter. Approval of a conditional use shall not be a matter of right, but shall only be granted when the proposed use is in harmony with the character of the zone where it shall be located. Once a conditional use is approved, that use may continue so long as the owner abides by the requirements of this subsection and any special conditions placed upon the use by the planning commission. The conditional use is granted to the applicant for a specific use at a specific property and is not transferable.

B.

After September 30, 1986. All bed and breakfast and tourist lodging establishments which commence operation or are modified by the addition of units, alteration of the existing structures or the construction of additional structures, after September 30, 1986, shall be required to apply for conditional use.

C.

Conditional use application. Submission requirements: Anyone requesting a conditional use permit shall submit an application to the city providing the following:

1.

The name, address and telephone number of the record title holder of the property and the legal description of the property, provided by a copy of the warranty deed;

2.

The names, addresses and telephone numbers of all intended grantees, if the property is subject to contract sale or title is to be otherwise conveyed;

3.

A layman's description of the property;

4.

The zoning classification of the property;

5.

Brief statement describing the intended use, and the effect the proposed conditional use will have on the character of the neighborhood;

6.

The names, current addresses as provided by the Carroll County tax assessor and zoning districts of adjacent property owners (all within two hundred (200) feet of the property in every direction) including those across streets or alleys from the property in question;

7.

A scaled surveyed drawing of the property on which the use will be located, showing accurate lot lines, zoning district, surrounding zoning, immediately adjacent property owners' names, a north arrow, existing structures, trees, and any proposed improvements;

8.

Any other material or information relevant to the application. The city may request such drawings and other documents prior to the public hearing as may be helpful to the city's review of the application;

9.

Information submitted must be signed by the record title owner of the property, or his other agent identified and designated in writing by the property owner.

10.

Applications for conditional use permits (CUPs) for a bed and breakfast shall state the number of "lodging units" and parking spaces available.

D.

Conditional use public hearing notice. Upon receipt of a completed application for a conditional use and an application fee, the planning commission shall schedule a public hearing on the proposed conditional use at the next scheduled meeting of the planning commission.

The following procedures shall apply:

1.

There shall be a public notice of the hearing published at least once (1) in a newspaper of general circulation in the city at least fifteen (15) days before the hearing, which notice sets forth the time and place of such hearing and the conditional use proposed. Responsibility and cost of the public notice shall be borne by the party making the proposal.

2.

The applicant shall notify all adjacent property owners (within two hundred (200) feet of the property lines in every direction) by certified mail, return receipt requested, at least ten (10) days prior to the public hearing. All return receipts and a copy of the letter with an affidavit of publication by the publisher shall be furnished to the planning commission in care of the city prior to the public hearing.

3.

The applicant shall post at least one (1), or more where deemed necessary for adequate notice, conspicuous sign or signs on the property subject to a conditional use hearing at least ten (10) days prior to said hearing. Signs for this purpose shall be provided by the city and shall note the time and date of the public hearing. Each sign shall be no smaller than two (2) feet high by three (3) feet wide and to contain the words CONDITIONAL USE HEARING ON THIS PROPERTY, printed in bold block letters a minimum of three (3) inches high with a copy of the public notice concerning the conditional use application to be placed on the sign in a clear, weatherproof enclosure.

4.

There shall be no hearing without the required public notice. Notice shall not be published before the planning commission has scheduled the public hearing.

E.

Action by the planning commission on conditional use.

1.

The planning commission shall hear the petitioner's request for a conditional use at the public hearing and shall consider the petitioner's purposes for the conditional use request as well as public comments. The applicant must be present at the meeting for the matter to be considered. If the applicant is unable to attend, written authorization from the applicant authorizing representation must be presented to the planning commission for the matter to be considered. Any decisions made by the designated agent shall be binding on the landowner.

2.

The planning commission shall either grant or deny the conditional use permit within a reasonable time of the final public hearing, imposing such conditions, if any, deemed necessary and appropriate to protect the character of the neighborhood. If approved, the conditional use is thereby granted unless appealed to the city council.

The following considerations shall be discussed in relation to each proposed use. Particular consideration shall be given to the impact on adjacent property owners in residential and quiet use zones:

a.

Whether the proposed use would be contrary to master, comprehensive or land use plans and would have an adverse effect on the plans;

b.

The existing land use pattern in the neighborhood;

c.

The population density pattern and possible increase of overtaxing of the load on public facilities such as schools and infrastructure;

d.

Whether the proposed change will adversely influence property values or living conditions in the neighborhood;

e.

Whether the proposed use will create or excessively increase traffic congestion or otherwise affect public safety;

f.

Whether the proposed use will create a drainage problem;

g.

Whether the proposed use will seriously reduce light and air to adjacent areas;

h.

Whether the proposed use will be a deterrent to the improvement or development of adjacent property in accord with existing regulations;

i.

Whether there are substantial reasons why the property cannot be used in accord with existing zoning without the conditional use being granted;

j.

Whether the proposed use is in harmony with the character of the neighborhood;

k.

Whether other adequate sites in the city exist for the proposed use in districts already permitting such use;

l.

Harm to any historic, aesthetic, or other intrinsic value of the structure to house the use;

m.

Adequacy of parking, and whether providing parking for the use would damage existing scenic areas, including front yards, gardens, and grounds;

n.

Traffic congestion near the proposed site; specific concerns as to ingress and egress, two-way traffic, danger from curves or other terrain conditions; prevention of smooth flow of visitors, customers, and motorists;

o.

Adequacy of utilities serving the site;

p.

Adequacy of refuse and service areas;

q.

Screening and buffering from adjacent properties;

r.

Environmental impact of the proposed use, including, but not limited to, odors, noise, smoke, or signs;

s.

The temporal nature of the enterprise, with allowances for temporary activities only in extreme cases where effort is already underway to construct a permanent facility;

t.

The opinions of adjacent property owners.

3.

Any person affected by a proposed use may express approval or disapproval in writing or in person at the public hearing. Any lack of response by surrounding property owners shall not be interpreted as approval or disapproval.

4.

Where a conditional use application has been opposed in writing by more than twenty (20) percent of the adjacent property owners, a three-fourths (¾) vote of the planning commission full membership shall be required for it to be approved. In no case can approval be reached with less than four (4) affirmative votes.

F.

Conditional use appeal.

1.

An applicant or adjacent property owner wishing to appeal a decision of the planning commission approving or denying a conditional use may appeal the decision to the city council, so long as written notice of intent to appeal and a statement of the reason the appeal should be granted is filed with the city within fifteen (15) days of the planning commission decision. The city council, by majority vote, shall consider the planning commission's determination regarding a conditional use appeal at the city council's next regularly scheduled meeting.

The city council, by majority vote, may uphold, modify in whole or in part, or reverse the decision of the planning commission, or may return the proposed conditional use to the planning commission for further study and recommendation.

2.

Where a conditional use is under protest by more than twenty (20) percent of the adjacent property owners, a three-fourths (¾) vote of the full membership of the city council shall be required. A proposal is under protest if a written protest is signed by the owners of at least twenty (20) percent of the adjacent land, which includes land separated from the subject property by only an alley or street. An appeal of the planning commission decision will be to the city council.

G.

Revocation of conditional use permit. The city may revoke a conditional use permit for violation of any condition of the permit. In the event that the city learns of any such violation, it shall notify the applicant of the violation. The applicant may be heard at the meeting of the planning commission scheduled for consideration of the revocation and show cause as to why the permit should not be revoked. If the applicant fails to appear or fails to show good cause why the permit should not be revoked, the permit shall be revoked and the use shall cease and any continuation of the use shall be a violation of this code.

H.

Re-application. Once an application for a conditional use permit for a property has been denied, such action cannot be reconsidered for a period of twelve (12) months after the original decision, except that the planning commission by a three-fourths (¾) vote of the complete membership may agree to schedule an earlier hearing in those cases where the applicant, in writing, clearly demonstrates that:

1.

Circumstances affecting the property that is the subject of the application have substantially changed; or

2.

New information is available that could not with reasonable diligence have been presented at the previous hearing.

(MC 2000, 114-10-6a; Ord. No. 1816, §§ 114-10-2.1—114-10-2.5, 11-2-2000; Ord. No. 1878, § 2, 8-20-2001)

A.

Administrative officers. The mayor shall appoint the administrative officer(s) who shall be responsible for administering and enforcing this chapter. References to the city throughout this chapter shall mean that person appointed by the mayor who is responsible for administering the zoning ordinance or any function hereunder, regardless of what other title may be used for the person's employment position.

B.

Building permits.

1.

It shall be a violation of this chapter for anyone to, erect, alter, modify or move any building unless incompliance with all applicable codes and laws and the city has issued a building permit.

2.

The applicant for a building permit shall provide the following information:

a.

A plot plan, drawn to scale, showing the following:

(1)

The exact size, shape and dimensions of the lot to be built upon;

(2)

The exact size and location on the lot of all existing buildings, structures and utilities;

(3)

The exact size and location on the lot of the structure to be moved, erected, or altered;

(4)

The arrangement, size, and number of parking stalls;

(5)

Movement of vehicles, including entrance and exit drives of all off-street parking and loading facilities;

b.

A declaration of the intended and existing use of each existing and proposed building on the lot;

c.

The number of families and dwelling units which each existing or proposed building is to accommodate;

d.

Any additional information needed to determine compliance with these regulations, or to justify historical precedent for any restorative action.

No building permit shall be issued until the city has verified that the applicant has fully complied with all applicable parts of this and any other applicable ordinance, including historic district requirements. Proper documentation shall be maintained in the official files and records of the city.

3.

Expiration of building permits.

a.

If the work described in a building permit has not begun within one (1) year of the permit issuance, the permit shall expire. It shall be canceled by the city.

b.

If any work described in a building permit is not substantially completed within two (2) years of the permit issuance, the permit shall expire. It shall be canceled by the city. "Substantially completed" shall be defined for this purpose as eighty percent (80%) completion of the structure.

3.

Building permits in historic district. An applicant requesting a building permit for an area in the historic district must present a certificate of appropriateness to the city. The certificate of appropriateness must have been properly issued, signed, and attested to by the city historic district commission on identical plans.

4.

Building permits for bed and breakfasts. When a residential building is to be modified for use as a bed and breakfast, all wiring and plumbing must conform to the applicable sections of the Municipal Code and conform to the requirements for commercial buildings.

5.

Certificate of occupancy. It shall be a violation of this chapter for any person to occupy any new or remodeled structure, or land on which there has been a change in use, prior to issuance of a certificate of occupancy certifying that all provisions of this chapter have been met. The certificate shall be issued by the city upon the approval of the construction as conforming with the submitted plans which were approved at the time the building permit was issued therefore, or if regarding a change in use of land, upon the approval of the proposed use as being in compliance with this chapter.

6.

Approval for moving buildings.

a.

No building or structure shall be moved within the city without the prior written approval of the planning commission. Approval shall be indicated on a form entitled "Certificate of Approval for Plan to Move Building or Structure," and shall be signed by the chairman and attested by the secretary of the planning commission.

In approving the moving of a building, the planning commission shall consider:

(1)

The effect on relative property values;

(2)

The environments of the present and proposed sites;

(3)

Aesthetic matters;

(4)

Public safety and convenience.

b.

The planning commission has the authority to treat a request for approval for the moving of a building as a conditional use application. In such a case, the applicant for approval to move a building must comply with the provisions of section 14.08.080 with respect to the contents of the application, public hearing, and matters of decision and appeal.

C.

Construction and permits. Building permits and certificates of occupancy issued on the basis of plans and applications approved by the city authorize only the arrangement and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Arrangement or construction at variance with that authorized shall be deemed a violation of this chapter. Subsequent lawful changes of use shall not be deemed a violation.

D.

Penalties. A violation of this chapter shall be deemed a misdemeanor and shall be punishable by fine. Any person, corporation, or other entity that fails to comply with any provision of this chapter shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. Continuing violations shall be a separate offense for each day the violation exists, and shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. In addition, the city may seek relief for any violation through civil judicial process, including without limitation injunctive relief and judicial sanctions, which civil relief shall be supplemental to, and shall not displace, any prosecution and penalties provided hereby.

E.

Written complaints. When a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the city, who shall properly record such complaint, immediately investigate, and take action thereon as provided by this chapter. In addition to the penalties, the city may revoke any permit issued upon the finding of a violation of this chapter.

(Ord. No. 1816, §§ 114-11-1, 14-11-2—114-11-2.6, 114-11-3—114-11-5, 11-2-2000)

A.

The planning commission as a whole serves as the board of zoning adjustment.

B.

Proceedings.

1.

The board shall adopt rules necessary to conduct its affairs under this chapter. The board shall establish regular meeting dates and call other meeting times as the board may determine. The chairman, or in his or her absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. Public notice of board meetings shall be published in a newspaper of general circulation in the city at least one (1) time eight (8) days prior to the meeting.

2.

The board shall keep minutes of its proceedings. Minutes shall show the vote of each member upon each question, absence from the meeting, or failure to vote. The board shall keep records of its examinations and other official actions. All minutes and records of the board shall be a public record and be immediately filed in the office of the city clerk.

3.

The concurring votes of four (4) members of the board shall be necessary to:

a.

Reverse any order, requirement, decision, or determination of the building inspector;

b.

Decide in favor of the applicant on any matter upon which it is required to pass under this chapter; or

c.

Grant or deny any variance from the application of this chapter.

C.

Powers and duties. The board of zoning adjustment shall have the powers and duties listed below. The scope of the discretion of the board shall be to act so that undue hardship to the applicant be avoided while attempting to preserve the character and intent of the requirements of this chapter.

1.

Administrative review of city. The board shall hear and decide appeals from decisions of the city regarding enforcement or application of this chapter. The board may affirm, reverse, or modify, in whole or in part, such decisions.

2.

Hearing appeals from denial of permits. Any person or entity affected by a decision of the city may appeal that decision to the board for a hearing. The applicant for an appeal must file a notice of appeal with the city within fifteen (15) days of the decision. The city must transmit the complete record of the decision to the board within five (5) days of receiving notice of appeal.

The following procedures shall apply:

a.

There shall be a public notice of the hearing published at least once in a newspaper of general circulation in the city at least eight (8) days before the hearing, which notice sets forth the time and place of such hearing and the decision which is appealed. The responsibility and cost of the public notice shall be borne by the person filing the appeal.

b.

The applicant shall notify all adjacent property owners (within two hundred (200) feet of the property lines in every direction) by certified mail, return receipt requested, at least fifteen (15) days prior to the public hearing. All return receipts and a copy of the letter with an affidavit of publication by the publisher shall be furnished to the board of zoning adjustment in care of the city prior to the public hearing.

c.

The applicant shall post at least one (1), or more where deemed necessary for adequate notice, conspicuous sign or signs on the property subject to a conditional use hearing at least fifteen (15) days prior to said hearing. Signs for this purpose shall be provided by the city and shall note the time and date of the public hearing. Each sign shall be no smaller than two (2) feet high by three (3) feet wide and to contain the words board of zoning ADJUSTMENT APPEAL HEARING ON THIS PROPERTY, printed in bold block letters a minimum of three (3) inches high with a copy of the public notice concerning the conditional use application to be placed on the sign in a clear, weatherproof enclosure.

d.

There shall be no hearing without the required public notice. Notice shall not be published before the board of zoning adjustment has scheduled the public hearing.

3.

Action on appeals.

a.

The board shall hear the appeal at the public hearing and shall consider the applicant's reasons for the appeal as well as public comments. The applicant must be present at the meeting for the matter to be considered. If the applicant is unable to attend, written authorization from the applicant authorizing representation must be presented to the board for the matter to be considered. Any decisions made by the designated agent shall be binding on the landowner.

b.

The board shall either grant or deny the appeal within a reasonable time, imposing such conditions, if any, deemed necessary and appropriate to protect the character of the neighborhood. If approved, the appeal is thereby granted unless appealed to the city council. Consideration shall be given to the concerns listed in section 14.08.080 as for a conditional use, to the extent relevant. Particular consideration shall be given to the impact on adjacent property owners in residential and quiet use zones.

D.

Variances and waivers.

1.

The board of zoning adjustment shall also have the power to grant variances from or to waive the literal provisions of this chapter. Variances and waivers can include, but are not limited to, matters such as setback lines, frontage requirements, height limits, lot size, density requirements, and yard regulations. A variance or waiver from the literal provision of this chapter shall not be granted unless written application is made demonstrating:

a.

Literal enforcement of the provisions of this chapter would result in undue or unnecessary hardship.

b.

Special circumstances exist which are unique to the property in question and which do not apply to other properties in the same district.

c.

The special circumstances do not result from the actions of the applicant.

d.

Literal enforcement would deprive the applicant of rights commonly enjoyed by other properties in the same district.

e.

Granting the waiver or variance will be within the spirit and intent of this chapter and not against public interest.

2.

Nonconforming uses of lands, or variances or waivers granted affecting lands, in the same or another district shall not be grounds for a waiver or variance.

3.

A public hearing shall be held and public notice shall be given. The board of zoning adjustment shall grant a variance or waiver only to the extent needed to relieve the unnecessary hardship.

4.

To grant a waiver or variance, the board of zoning adjustment must find:

a.

That the requirements set forth above have been met by the applicant;

b.

That the reasons set forth in the application justify the granting of the waiver or variance;

c.

That the variance is the minimum variance that will make possible the reasonable use of the land, building or structure;

d.

That the granting of the waiver or variance will be in harmony with the general purpose and intent of this chapter, and will not be detrimental to the neighborhood or detrimental to the public welfare.

5.

The board of zoning adjustment shall not permit, as a variance, any use in a zone that is not permitted under this chapter.

6.

The action of this board of zoning adjustment in granting any variance or waiver of any provision of this chapter shall not be deemed a waiver or variance of any provision of any protective code or other laws.

7.

In granting any variance or waiver, the board of zoning adjustment may require appropriate conditions and safeguards to ensure compliance and to protect adjacent property. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

E.

Appeals from board of zoning adjustment.

1.

Decisions of the board of zoning adjustment in respect to the above shall be subject to appeal only to a court of record having jurisdiction, in the manner provided by the laws of the state of Arkansas.

2.

An appeal of a board of zoning adjustment decision to a court shall stay all proceedings in furtherance of that decision, unless the city certifies to the board in writing that a stay would cause imminent peril to life or property. The certificate shall state the building inspector's supporting reasons and facts. In such a case, proceedings shall not be stayed other than by a restraining order which may be granted by the board or by a court of record on application, after notice to the building inspector from whom the appeal is taken, and on due cause shown.

F.

Duties of building inspector, board of zoning adjustment, city council and court on matters of appeal. It is the intent of this chapter that questions of interpretation and enforcement shall be first presented to the mayor, or the person designated by the mayor for such purpose ("the city"). Such questions shall be presented to the board of zoning adjustment only on appeal from the decision of the city, and recourse from the decisions of the board of zoning adjustment shall be to the courts as provided by state law.

It is further the intent of this chapter that the duties of the city council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure of deciding such questions shall be as stated in this section and this chapter.

(Ord. No. 1816, §§ 114-12-1, 114-12-3.2, 114-12-3.3, 114-12-4, 114-12-5, 114-12-5.1, 114-12-6, 11-2-2000)

The city council shall establish by resolution a schedule of fees, charges, and expenses and a collection procedure for building permits, rezoning and conditional use applications, appeals, and other matters pertaining to this chapter. The schedule of fees shall be posted in the City Hall and may be altered or amended only by resolution of the city council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. No. 1816, § 114-13, 11-2-2000)

In the event that the provisions of this zoning chapter appear inconsistent with one another or with other sections of the Municipal Code, the most restrictive provision shall govern.

(Ord. No. 1816, § 114-14, 11-2-2000)

For the purposes of this chapter, certain terms or words used herein shall be interpreted as follows:

Abutting property. Properties that touch along a common border.

Accessory use or structure. A use or detached structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Adjacent property. Any property within two hundred (200) feet of a parcel.

Agriculture. Any farming use.

Apartment house. See "dwelling, multi-family."

Auto/motorcycle servicing. Any building or portion of a building used by a business whose services include servicing automobiles or motorcycles, for example: fuel, any maintenance, any type of repair, washing, and transmission repair. Buildings that service large equipment, buses, and trucks are not included in this definition.

Basement. A story of a structure partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half (½) its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

Bed and breakfast. A dwelling or area containing one (1) or more structures, at least one (1) of which is occupied by an owner or manager on-site, where, for compensation, lodging and meals are provided, generally no longer than thirty (30) days per guest, but not more than five (5) units. For the purpose of this section, "on-site" shall be defined as adjoining (i.e., sharing a boundary) and shall not include properties separated by a city street, roadway, green space or alley.

Board of adjustment. The board of adjustment of the city of Eureka Springs, Arkansas, whose membership may be identical to that of the planning commission at the discretion of the city council.

Boarding house. A dwelling where meals, or lodging and meals, are provided for compensation, or where meals may be available on a commercial basis, for two (2) or more persons pursuant to previous arrangements, but which is not available to transients.

Buildable area. The portion of a lot remaining after required yards have been reserved.

Building and structure are synonymous.

Building (wind generating device). See "structure."

Building used for religious services. A building or portion of building used primarily for regularly scheduled religious services at published times.

Certificate of occupancy. The documented evidence that the city has approved the use of a parcel of land, or a structure, as being in compliance with the Municipal Code which must be issued prior to a person occupying the land or structure.

City. The city of Eureka Springs, Arkansas.

Clear cut. The massive, deliberate effort undertaken by an owner, tenant or developer to eliminate a large amount or most of the trees and/or natural vegetation of land in order to build, erect or construct commercial or residential structures, or to simply level the land under the concept of improvement, including the initial clearing of land which was previously in a natural tree or brush-covered habitat.

Club or lodge. A building or portion of a building used by an association for the promotion of some common objective, excepting clubs the chief activity of which is a service customarily carried on by as a business.

Community service center. Any building or portion of a building used for the organized provision of community services, for example: social service provision, food pantries, community outreach, and counseling.

Conditional use. A use permitted in one (1) or more zoning districts as they are defined by this chapter, which use, because of the characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the exact location with reference to surrounding property, streets and existing improvements or demands upon public facilities, requires a special degree of control to make such use consistent with and compatible to other existing or permissible uses in the same district, and to assure that such uses shall not be inimical to the public interest. Any conditional use authorized in a residential zone shall be subject to and comply with all conditions and restrictions contained in the definition of "Quiet Use."

Conditional use permit (CUP). The documented evidence or authority granted by the board of zoning adjustment to allow a conditional use at a particular location.

Dwelling, mobile home. See "manufactured home."

Dwelling, multi-family. A single detached dwelling designed for and occupied by three (3) or more families living independently of each other as separate housekeeping units, including apartment houses, apartment hotels, or resort-type hotels, and intended for use by the same tenant for each separate housekeeping unit for thirty (30) consecutive days or longer.

Dwelling, single-family. A detached residential dwelling unit other than a mobile home, designed for and occupied by one (1) family only.

Dwelling, two-family. A detached residential building containing two (2) dwelling units, designed for occupancy by not more than one (1) family per dwelling unit.

Dwelling unit. One (1) room or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

EFIS (Exterior finish and insulation system). An exterior wall and insulation system which provides a stucco-like exterior wall surface.

Education. Public, private or denominational. Means an educational institution operated under the auspices of the city school board, or an educational institution operated by private or religious agencies which provide elementary or secondary education.

Entertainment, large. Any building or portion of building larger than three thousand (3,000) square feet of usable space used for entertainment. For example: golf courses, indoor target ranges, large health clubs, race tracks, stadiums, large cinema complexes, live theater and fair grounds.

Entertainment, small. Any building or portion of building three thousand (3,000) square feet or smaller of usable space, located on smaller parcels of land, used for entertainment for example, bars and taverns, dance halls, comedy clubs, video arcades, bowling alleys, smaller health clubs, live theater and small cinemas. Restaurants are not included in this definition.

Family. One (1) or more persons occupying a single dwelling unit, and living as a single, non-profit housekeeping unit, provided that unless all members are related by blood, adoption, or marriage, no such family shall contain over four (4) persons, but further provided that domestic servants employed on the premises or foster children or persons court-ordered to live on the premises may be housed on the premises without being counted as a family or families.

Gasoline service station. Any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body work are conducted.

Healthcare provider. Any of a number of different types of organizations that provide healthcare, including, but not limited to, hospitals, clinics, nursing homes, birthing centers, and residential care facilities.

Historic. Those areas and structures that were constructed in the period from 1870 to 1950, in reality or simply in appearance, and to the natural formations of rock, stone, hillside, spring or cliff features that, whether marked by sign, celebrated with a surrounding park, or inherently valuable unmaintained or distinguished, comprise a traditional and currently attracting element for visitors and residents.

Home occupations. The accessory use of a residential dwelling for gainful employment in such a manner and under such conditions and restrictions that the business use is compatible with and does not disrupt the residential character of the neighborhood including, but not limited to traffic and parking.

Hotel. A building or group of buildings under one (1) ownership containing six (6) or more sleeping rooms occupied, intended or designed to be occupied as temporary accommodations for persons who are lodged with or without meals for compensation, but not including an auto or trailer court or camp, sanitarium, hospital asylum, orphanage.

Intimate theater. A building used for dramatic presentations, stage entertainment, musical concerts or the presentation of motion pictures with a maximum capacity equal to four (4) times the number of onsite parking places at the theater. No food or drink to be offered on site.

Large equipment. Vehicles larger than the largest sport-utility vehicle or pick-up truck.

Loading space, off-street. Space logically and conveniently located for bulk pickups and deliveries, scaled to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

Lot. Lot includes the words plot or parcel and is land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

A.

A single lot of record.

B.

A portion of a lot of record.

C.

A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.

D.

A parcel of land described by metes and bounds.

Lot frontage. The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "yards" in this section.

Lot measurements.

A.

Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

B.

Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, and measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) percent of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where width is measured at the building line.

Lot of record. A lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described in metes and bounds, the description of which has been so recorded.

Lot, corner. A lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.

Lot, interior. A lot other than a corner lot with only one (1) frontage on a street.

Lot, through. A lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots.

Manufactured home. A dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the federal Manufactured Housing Construction and Safety Standards Code.

Manufactured home subdivision. A parcel of land platted for subdivision according to all requirements of the comprehensive plan, designed or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by manufactured homes.

Manufactured housing construction and safety standards code. Title VI of the 1974 Housing and Community Development Act (42 U.S.C. 5401 et seq.), as amended (previously known as the Federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder (including information supplied by the home manufacturer, which has been stamped and approved by a design approval primary inspection agency, an agent of the U.S. Department of Housing and Urban Development pursuant to HUD rules), which became effective for mobile/manufactured home construction on June 15, 1976.

Manufacturing, heavy. Any manufacturing not included in manufacturing, light.

Manufacturing, light. Any business organized to do any type of manufacturing which does not produce annoying or harmful by products including dust, odors, or noise; for example: light assembly.

Metal buildings. Any building whose exterior walls, as viewed from the outside, are constructed primarily from metal shall be deemed a metal building within the scope of this section.

Mobile home. A transportable, factory built home, designed to be used as a year-round residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

Mobile home park. Any plot of ground on which there are located or intended to be located two (2) or more mobile or manufactured homes to be occupied for dwelling or sleeping purposes. All mobile home parks are subject to the regulations set forth in district MHP.

Nonconforming use, structure or lot. A use, structure or lot which legally existed prior to the effective date of the ordinance from which this chapter derived or the applicable provision of this Municipal Code, or an amendment thereto, but no longer is incompliance therewith.

Office, large. Any office larger than three thousand (3,000) square feet of usable space.

Office, small. Any office three thousand (3,000) square feet of usable space or smaller, with the exception of a home office which qualifies as a home occupation.

Outdoor advertising business. Provisions of outdoor displays or display space on a lease or rental basis only.

Parking lot. Use of a plot of ground or parcel of real estate for the parking of vehicles used by customers and employees of that business.

Parking space, off-street. For the purpose of this chapter, an off-street parking space shall consist of a space located off the street right-of-way adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for all non-residential use, and for residential use for three (3) or more automobiles with access to a collector or arterial street (as designated on the master street plan), shall be so designed, maintained and regulated that no maneuvering incidental to parking or unparking shall be on any public street or street right-of-way, walk or alley, and so that any automobile may be parked and unparked without moving another.

Person may include a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

Planned unit development. Planned unit development (PUD) is a parcel of land initially under unified ownership or control which is intended to be the site for two (2) or more buildings or uses.

Present tense includes the future tense; the singular number includes the plural and the plural number includes the singular.

Public use. Any use which is governmental in nature, including uses and structures housing uses for purposes of police and fire protection, library, hospital, cemetery, tennis courts, park, courthouse, city hall and offices for city or county employees, but not including public utilities.

Public utility. Any utility which is publicly or privately owned which provides electricity, gas, sewer, water, cable, or telephone services to members of the public citizenry.

Quiet use. Any commercial use which can be carried out in a building which was originally designed and used as a dwelling or existed as a commercially designed building prior to October 15, 1987, and which meets the requirements as defined in District C-3, Quiet use commercial.

Rental, long-term. The rental of residential or other property characterized by the tenant or renter signing a lease or rental agreement affording the tenant or renter an exclusive right to use and to occupy the property to which the lease or rental agreement relates, to the exclusion of others (including the landlord), for an agreed period of time in excess of a daily or monthly rental period, and shall exclude short-term rentals.

Rental, short-term. The rental or lease of (1) a property, or two (2) or less sleeping units within a property, for a period of twenty-nine (29) consecutive nights or less, where rental payments and taxes owed accrue on a nightly basis, or (2) a property, or two (2) or less sleeping units within a property, where rental payments and taxes owed are due in monthly installments for a monthly rental period and for an agreed period of time in monthly (30-day) increments.

Residential care facility. A building or structure which is used or maintained to provide for pay, on a 24-hour basis, a place or residence and board for three (3) or more individuals, not to exceed ten (10) residents, whose functional capabilities have been impaired but do not require hospital or nursing home care on a daily basis, but could require other assistance in activities of daily living. A residential care facility should not be confused with traditional boarding houses or room and lodging facilities that provide only room and board.

Restaurant or refreshment stand, drive-in. Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.

Retail, large. All retail businesses that don't qualify as "small." Includes nurseries and landscaping businesses.

Retail, small. Any retail business not covered elsewhere in the zoning ordinance, that is three thousand (3,000) square feet of usable space or smaller.

Services, personal. Businesses organized to provide services that are considered personal, for example: beauty salons, barbers, tanning booths, and massage.

Services, not personal. Those trades and services that benefit structures and land, for example: plumbing, carpentry, heating/air conditioning, landscaping, and construction.

Setback line. A line generally parallel to the front, side or rear lot lines indicating the limit beyond which buildings or structures, including porches, attached garages, attached carports, balconies, stairways, eaves and overhangs, may not extend except as otherwise provided in ordinances. The location of the setback line shall be determined by the yard requirements or setback line requirements of the zoning district in which the lot is located.

Shall. is mandatory; may is permissive.

Sign. See Eureka Springs Sign Ordinance of Municipal Code.

Street line. The right-of-way line of a street.

Structure or building. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, wind-generating devices, mobile homes, walls, fences, billboards, poster panels, and signs.

Studios/workshops. Arts oriented businesses, for example: dance, music, acting/theater, photography, crafts, martial arts, and painting.

Tandem lot. A lot which does not have required frontage on a public street or on an approved private street, and which is located behind a lot or a portion of a lot which does not have frontage on a public street or an approved private street.

Tour home. A residential home of historic character which is used for conducted tours and for individual touring, for which a tour fee may or may not be collected.

Tourist lodging. Dwelling in which sleeping accommodations are provided for and offered to transient guests.

Townhouses/condominiums. Attached single-family dwelling units, from two (2) units but not exceeding eight (8) units, which can be either single-story or multi-story in height; which are physically attached one (1) to another by common of adjoining walls on not more than two (2) sides; which have individual heating, air-conditioning, electrical and plumbing systems, which are located on individually platted lots, which are or may be individually owned or may be rented.

Transient guests. Individuals who rent accommodations other than their regular place of abode on less than a month-to-month basis.

Transportation center. A building used as hub for transportation services, for example, taxi dispatch center, bus station, train station, but not airport.

Travel trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight (8) feet.

Use, principal. The main or primary purpose for which land or a structure or use thereon is designed, arranged or intended, or for which it may be occupied or maintained under this chapter.

Used or occupied include the words intended, designed, or arranged to be used or occupied.

Variance. A variance is an alteration of the terms of the zoning ordinance as pertains to height, area and size of a structure or size of yards and open spaces as provided in variances and waivers.

Vehicular use area. All open areas and open spaces on the land which are designated, used, required or intended to be used for storage, parking, maintenance, service, repair, display, circulation, or operation of vehicles. This definition is intended to include areas used or intended to be used for driveways to such vehicular use areas but does not include improvements to public roads, streets, highways and alleys.

Victorian. Those areas developed mainly between 1870 and 1915 which characterize those features of architecture common to the reigns of Queen Victoria and King Edward VII of England. The overall impression of these features is one of grandeur and ostentation derived from Gothic, Baroque, Queen Anne and Georgian styles.

Victorian, commercial. Areas consisting of the old commercial stores and retail outlets whose features include, but are not limited to, brick and stone facades, ornamental brick cornices, pressed-tin facades in filigree patterns, native limestone carvings of such figures as lions, shells and faces, double height glazing to conform with tall awnings, recessed entrance doors, cast iron bracing columns, intricate elaborate moldings and wood-framed display windows.

Victorian, residential. Areas consisting of old homes which exhibit such features as, but are not limited to, ornamental shingles of fancy cut-out designs, shake roofs, belvedere, roof railings, varied mill clapboard walls, elaborate weather vanes and spires, finely-turned spindle railings on wide sweeping porches, treillage to cover foundations and staircase levels, stained glass windows and transoms, unusual projecting cornices that cap outside windows, fancy cast iron fences, cut-stone ornamental detailing work on retaining walls and foundations and the use of multi-color combinations on the houses to highlight architectural variations.

Wedding establishment. Any location, other than a building used for religious services at which marriages are performed for a fee. Private residences are excluded from this definition.

Yard. An open space between a building or structure and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise herein provided.

A.

Front. A yard extending across the front of a lot between the inner side lot lines, and being the minimum horizontal distance between the street line and the building or structure. For the purposes of determining yard requirements on comer lots and through lots, all sides of a lot adjacent to streets shall be required to have front yards.

B.

Rear. A yard extending across the rear of a lot between inner side lot lines, and being the minimum horizontal distance between the rear lot line and the building or structure. For the purposes of determining yard requirements on corner lots and through lots, there will be no rear yards, but only front and side yards.

C.

Side. A yard extending along the side lot line between the front and rear yards, and being the minimum horizontal distance between the side lot line and the building or structure. The ordinary projections of eaves, cornices, ornamental features and overhangs may extend a distance not to exceed twenty-four (24) inches into a required side yard.

D.

Special. A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the city shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.

Zero lot line dwelling. Detached single-family dwelling units which are located on individually platted lots without a side yard requirement on one (1) side of the lot. The same interior property line cannot be utilized for zero side yard construction on adjacent lots.

(Ord. No. 1816, § 114-16, 11-2-2000; Ord. No. 2125, § 1, 9-13-2010; Ord. No. 2309, § 2, 9-13-2021; Ord. No. 2311, § 6, 10-11-2021)

Following is a list of bed and breakfast and tourist lodging establishments in r-1 and r-2 zones which have been in business prior to september, 1986, and are still in business at this time this ordinance was passed. These are considered as legal nonconforming.

Key:

B&B — Bed and Breakfast

TL — Tourist Lodging

(Ord. No. 2156, § 1, 7-23-2012)

Key:

 P = Permitted

 C = Conditional

 Blank = Prohibited

(Ord. No. 2311, 10-11-2021)