- SPECIAL PURPOSE DISTRICTS
(a)
Purpose. The AFC District is intended to protect the agricultural nature of land currently located within the city. Uses in the AFC District are restricted to those uses associated with agricultural and forestry activities, including supportive businesses, and supporting residential and accessory uses.
(b)
Uses. Article VIII lists principal, temporary, and accessory uses allowed in the AFC District.
(c)
Dimensional standards.
(1)
Table 7-1: AFC District Dimensional Standards establishes the dimensional standards for the AFC District. These regulations apply to all uses within the district unless a different standard is listed for a specific use. See section 16-2-2.4 for the measurement methodologies for each of the dimensional standards.
1 The minimum rear setback along any Lake Hamilton waterfront lot line is 20 feet. See section 16-2-2.4(10)f.
(2)
All agricultural and forestry structures including, but not limited to, barns, feeding areas, and livestock enclosures must be located a minimum of 100 feet from any lot line.
(3)
Maximum building height does not apply to any structure ancillary to and integral to active agricultural or forestry operations, which are not limited in height.
(d)
Additional standards.
(1)
General site development standards. See article IX for additional on-site development standards and requirements.
(2)
Accessory structures. See article X for accessory structure standards and requirements.
(3)
Off-street parking and loading. See article XI for parking, loading, and access standards and requirements.
(Ord. No. 6513, § 1(Exh. A), 11-19-24)
(a)
Purpose. The INST Institutional District is intended to accommodate larger governmental uses, public and private educational facilities, civic and cultural facilities, healthcare institutions, places of worship, and similar institutions within a more campus-like environment.
(b)
Uses. Article VIII lists principal, temporary, and accessory uses allowed in the INST District.
(c)
Dimensional standards. Table 7-2: INST District Dimensional Standards establishes the dimensional standards for the INST District. These regulations apply to all uses within the district unless a different standard is listed for a specific use. See section 16-2-2.4 for the measurement methodologies for each of the dimensional standards.
1 The minimum rear setback applies along any Lake Hamilton waterfront lot line. See section 16-2-2.4(10)6.
(d)
Additional standards.
(1)
General site development standards. See Article IX for additional on-site development standards and requirements.
(2)
Accessory structures. See article X for accessory structure standards and requirements.
(3)
Off-street parking and loading. See article XI for parking, loading, and access standards and requirements.
(Ord. No. 6513, § 1(Exh. A), 11-19-24)
Historic District regulations are found in title 16, chapter 7 of the Hot Springs Code.
(Ord. No. 6513, § 1(Exh. A), 11-19-24)
Airport Zoning District regulations are found in title 11, chapter 1 of the Hot Springs Code.
(Ord. No. 6513, § 1(Exh. A), 11-19-24)
(a)
Purpose. The purpose of establishing this district is to protect and enhance the visual appearance and character, promote traffic safety and maintain harmony with adjacent residential neighborhoods along Malvern Avenue.
(b)
District name and boundaries. The district is known as the Malvern Avenue Overlay District and extends from Grand Avenue to the city limits as depicted on the zoning map.
(c)
Signs.
(1)
All signs must be monument type and are limited to a maximum of eight feet in height.
(2)
The following signs are prohibited:
a.
Signs that are animated, blink, flash, or contain moving digital copy.
b.
Banners, streamers, pennants, strobe lights, balloons, and revolving signs.
c.
Neon lighting or mini-lights as an adornment on any building, except as part of an approved sign.
d.
Portable signs, trailer signs, signs painted on vehicles parked adjoining public streets, sandwich board signs, signs painted upon benches, or temporary promotional signs.
e.
Any sign or collection of signs covering more than 25 percent of a building window including, but not limited to, storefront windows and display windows.
f.
New billboards and pole signs, pylon signs, or other off-site signs.
(Ord. No. 6513, § 1(Exh. A), 11-19-24)
A.
Definitions. For the purpose of this section, the following words and terms have the following meanings:
Manufactured home means a dwelling unit constructed in a factory in accordance with federal standards and meeting the definitions set forth in the federal standards and under A.C.A. § 20-25-102.
Manufactured home overlay zone means areas of the city as shown on the zoning map for permitted placement of manufactured homes without a conditional use permit.
Manufactured home park means a tract of land, five acres or more under one ownership, divided into separate individual spaces for placement of manufactured homes where the individual spaces for manufactured homes are intended for rent or lease.
Manufactured home subdivision means the division of a tract of land five acres or more into two or more parcels to be sold for the permanent placement of manufactured homes or other types of factory-built homes including modular, panelized, and pre-cut units.
Mobile home means a single-family dwelling that is fabricated in an offsite facility prior to the enactment of the Federal Manufactured Home Construction and Safety Standards (24 CFR 3280), the same being no longer permitted in the City of Hot Springs except as outlined in item (f) below.
(b)
Prohibitions and exceptions. The following prohibitions and exceptions apply to all manufactured homes within the corporate limits of the City of Hot Springs.
(1)
Manufactured homes may be placed within the City of Hot Springs only as authorized by this section.
(2)
Manufactured and mobile homes are prohibited for the following permanent and temporary uses: accessory facilities to commercial buildings, temporary office or commercial facilities (e.g., financial institutions), temporary or permanent additions to educational facilities, places of worship, hospitals, or other such institutions, or any similar uses.
(3)
Manufactured or mobile homes may be utilized for temporary construction offices in commercial or industrial zones during the term of construction activity for which a valid building permit has been issued and maintained.
(4)
Manufactured homes may also be permitted in emergency or extraordinary circumstances pursuant to Ordinance No. 4948.
(5)
For the safety, health, and welfare of the occupants, all manufactured homes placed within the City of Hot Springs after March 1, 2025 the effective date of this section and as authorized by this section, must be manufactured after October 25, 1994, the same being the effective date of the Federal Construction and Safety Standards incorporating revised specifications for fire safety requirements as codified at 24 CFR 3280.203.
(c)
Manufactured home overlay zone. In addition to the other applicable sections, manufactured homes located in manufactured home overlay zones must comply with the following rules and regulations.
(1)
Manufactured homes must comply with the site requirements as specified in item (i) below.
(2)
Setbacks are as required by this Code for the underlying zoning district in which the manufactured home is to be located.
(d)
Manufactured home parks. In addition to the other applicable sections, manufactured home parks must comply with the following rules and regulations.
(1)
Manufactured home parks are allowed as a conditional use and served by city utilities and protected from commercial and industrial activity.
(2)
Manufactured home parks may be placed in such zoning districts and in such manner as prescribed by this Code.
(3)
Developers must comply with all zoning requirements prior to the development of a manufactured home park including, but not limited to, receipt of a conditional use permit as required by the Code.
(4)
Manufactured home parks must be a minimum of five acres.
(5)
Minimum lot sizes for manufactured home parks must be 40 feet by 120 feet.
(6)
Streets in a manufactured home park must be constructed in accordance with the provisions of the Hot Springs Street Specification Ordinance (Street Specification Ordinance, title 15, chapter 10).
(7)
Two paved parking spaces must be provided in the front portion of each lot. The parking pad may be placed within the front 25-foot setback area.
(8)
Minimum requirements of this section, including lot sizes or setback requirements, are not subject to reduction through variance by the board of zoning adjustment or other action by the commission.
(9)
Manufactured homes placed in manufactured home parks must comply with the site requirements as specified in item (i) below.
(10)
Minimum setbacks are as follows:
a.
Front setback: Twenty-five feet.
b.
Interior side setback: Ten feet.
c.
Rear setback: Ten feet.
(e)
Manufactured home subdivisions. In addition to the other applicable sections, manufactured home subdivisions must comply with the following rules and regulations:
(1)
Manufactured home subdivisions are allowed, as a conditional use, in such zoning districts and in such manner as prescribed by this zoning code. Developers must receive a conditional use permit as required by the zoning code, and comply with the requirements of the Hot Springs Subdivision Rules and Regulations including lots sizes for the zone they are located in, prior to the development of a manufactured home subdivision.
(2)
Manufactured home subdivisions must be served by city utilities and protected from commercial and industrial activity.
(3)
Manufactured home subdivisions must be a minimum of five acres.
(4)
Manufactured homes placed in manufactured home subdivisions must meet the following requirements:
a.
No more than one manufactured home may be installed per lot in a subdivision platted according to the Subdivision Ordinance.
b.
Manufactured homes must comply with the site requirements as specified in item (i) below.
c.
A minimum of two spaces must be provided per residence and such spaces must be asphalt paved, concrete, or a surface accepted by the planning commission.
d.
Setbacks are as required by this Code for the zoning district in which the manufactured home subdivision is to be located.
(f)
Pre-existing uses. The provisions of this section do not apply to mobile or manufactured homes (residential or commercial) approved by the planning commission and installed prior to the April 1, 2002 effective date of the previously established chapter 3, Manufactured and Mobile Homes, of title 16. Provided, however, that such pre-existing uses must continue to remain in compliance with the conditions, if any imposed as part of the original conditional use permit.
(g)
Pre-existing parks and subdivisions. This section does not apply to trailer parks or mobile home subdivisions approved prior to April 1, 2002 effective date of the previously established chapter 3, Manufactured and Mobile Homes, of title 16, hereafter termed "pre-existing parks and subdivisions." Any renovation or expansion of a portion of a pre-existing park or subdivision must comply with the provisions of this section for new parks or subdivisions to the extent of such renovation or expansion. Any homes placed and/or replaced within a pre-existing park or subdivision after this March 1, 2025 effective date must meet the requirements of this section.
(h)
Replacement of pre-existing individual manufactured or mobile homes. In addition to the other applicable sections, any individual manufactured or mobile home located in a residential zoning district for which a conditional use permit was approved and which was installed prior to the April 1, 2002 effective date may be replaced after the March 1, 2025 effective date provided that the replacement manufactured home complies with the following rules and regulations:
(1)
Application for replacement of pre-existing individual manufactured or mobile homes must be submitted to the planning director within 12 months of the removal of the pre-existing home.
(2)
Replacement manufactured homes must meet the site requirements specified in item (i) below, and must be placed within six months of the replacement approval, or the original conditional use permit expires.
(i)
Placement regulations. The following additional requirements govern the construction, installation, and maintenance of all manufactured homes within the city except as may otherwise be provided in this section. In addition to the following requirements, such other regulations or conditions that are applicable to other single-family dwellings in the same residential district or zone are applicable to manufactured homes.
(1)
The manufactured home must be constructed in compliance with the Federal Manufactured Home Code and Safety Standards (24 CFR 3280) and the Arkansas Manufactured Home Standards Act (A.C.A. § 20-25-101 et seq.).
(2)
The manufactured home must have skirting or curtain wall constructed of materials approved by the city including, but not limited to: masonry, brick block, rock, vinyl, or fiberglass. Such enclosure must be installed and ventilated in accordance with the manufacturer's instructions or the rules and regulations promulgated by the Arkansas Manufactured Home Commission.
(3)
The manufactured home must have permanent landings and steps provided at each exterior doorway from the door threshold to ground level.
(4)
The manufactured home must be installed in accordance with the installation instructions provided by the manufacturer and the rules and regulations of the State of Arkansas, including: site preparation, pier foundations-footings, pier-support columns, and anchoring. Towing devices must be removed, if possible, or concealed in a manner acceptable to the city. In addition, all decks, landings, steps, porches, and exterior appendages must comply with the applicable building and premises codes.
(5)
Each manufactured home must have two paved off-street parking spaces and a paved driveway.
(6)
Any manufactured home, regardless of age, placed within the corporate limits must be inspected prior to occupancy for compliance with this section, the property maintenance code, and other pertinent laws and ordinances. No such manufactured home may be occupied until a certificate of occupancy has been issued by the appropriate city official.
(7)
Any manufactured home placed within the city must be maintained in accordance with the applicable provisions of the property maintenance code.
(j)
Planning commission hearing and notification. The planning commission must hold a hearing on the original application for any manufactured home subdivision or manufactured home park. Notification of the hearing before the planning commission must be provided as follows: Legal notice of the public hearing must be published no less than 15 days prior to the hearing. The city, no less than 15 days prior to the hearing, must notify all persons who own property within 200 feet of the periphery of the parcel of property on which the manufactured home subdivision or manufactured home park will be located. This notification must be in the form of a letter sent to the property owners by mail.
(k)
Violations. The penalty for violation of this section will, upon conviction in the Hot Springs Municipal Court, or any other court of competent jurisdiction, be such fines and penalties as established by the general penalty clause for the Hot Springs Code of Ordinances, as may now or hereafter be enacted by the Hot Springs Board of Directors.
(l)
Appeals. The planning commission will hear all appeals to the requirements of this section.
(1)
The planning commission has the following powers and it will be its duty:
a.
To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or interpretation made in the enforcement of this section.
b.
To hear requests for variances or deviations from the provisions of this Code for the placement or replacement of a manufactured home on property located within a duly created manufactured home overlay district, manufactured home subdivision, or manufactured home park.
c.
To hear requests for variances or deviations from the provisions of the site requirements, as contained in item (i) above.
(2)
The planning commission does not have the authority to grant variances from the provisions of this Code relative to the required setback requirements. Such variances may only be considered by the board of zoning adjustment.
(3)
The planning commission does not have the authority to allow the placement of a manufactured home on property that is not located in a manufactured home overlay district, approved manufactured home subdivision, or approved manufactured home park.
(4)
The planning commission does not have the authority to allow the replacement of a manufactured home for which a conditional use permit was granted if the replacement home does not comply with the provisions of item (h) above.
(Ord. No. 6513, § 1(Exh. A), 11-19-24)
- SPECIAL PURPOSE DISTRICTS
(a)
Purpose. The AFC District is intended to protect the agricultural nature of land currently located within the city. Uses in the AFC District are restricted to those uses associated with agricultural and forestry activities, including supportive businesses, and supporting residential and accessory uses.
(b)
Uses. Article VIII lists principal, temporary, and accessory uses allowed in the AFC District.
(c)
Dimensional standards.
(1)
Table 7-1: AFC District Dimensional Standards establishes the dimensional standards for the AFC District. These regulations apply to all uses within the district unless a different standard is listed for a specific use. See section 16-2-2.4 for the measurement methodologies for each of the dimensional standards.
1 The minimum rear setback along any Lake Hamilton waterfront lot line is 20 feet. See section 16-2-2.4(10)f.
(2)
All agricultural and forestry structures including, but not limited to, barns, feeding areas, and livestock enclosures must be located a minimum of 100 feet from any lot line.
(3)
Maximum building height does not apply to any structure ancillary to and integral to active agricultural or forestry operations, which are not limited in height.
(d)
Additional standards.
(1)
General site development standards. See article IX for additional on-site development standards and requirements.
(2)
Accessory structures. See article X for accessory structure standards and requirements.
(3)
Off-street parking and loading. See article XI for parking, loading, and access standards and requirements.
(Ord. No. 6513, § 1(Exh. A), 11-19-24)
(a)
Purpose. The INST Institutional District is intended to accommodate larger governmental uses, public and private educational facilities, civic and cultural facilities, healthcare institutions, places of worship, and similar institutions within a more campus-like environment.
(b)
Uses. Article VIII lists principal, temporary, and accessory uses allowed in the INST District.
(c)
Dimensional standards. Table 7-2: INST District Dimensional Standards establishes the dimensional standards for the INST District. These regulations apply to all uses within the district unless a different standard is listed for a specific use. See section 16-2-2.4 for the measurement methodologies for each of the dimensional standards.
1 The minimum rear setback applies along any Lake Hamilton waterfront lot line. See section 16-2-2.4(10)6.
(d)
Additional standards.
(1)
General site development standards. See Article IX for additional on-site development standards and requirements.
(2)
Accessory structures. See article X for accessory structure standards and requirements.
(3)
Off-street parking and loading. See article XI for parking, loading, and access standards and requirements.
(Ord. No. 6513, § 1(Exh. A), 11-19-24)
Historic District regulations are found in title 16, chapter 7 of the Hot Springs Code.
(Ord. No. 6513, § 1(Exh. A), 11-19-24)
Airport Zoning District regulations are found in title 11, chapter 1 of the Hot Springs Code.
(Ord. No. 6513, § 1(Exh. A), 11-19-24)
(a)
Purpose. The purpose of establishing this district is to protect and enhance the visual appearance and character, promote traffic safety and maintain harmony with adjacent residential neighborhoods along Malvern Avenue.
(b)
District name and boundaries. The district is known as the Malvern Avenue Overlay District and extends from Grand Avenue to the city limits as depicted on the zoning map.
(c)
Signs.
(1)
All signs must be monument type and are limited to a maximum of eight feet in height.
(2)
The following signs are prohibited:
a.
Signs that are animated, blink, flash, or contain moving digital copy.
b.
Banners, streamers, pennants, strobe lights, balloons, and revolving signs.
c.
Neon lighting or mini-lights as an adornment on any building, except as part of an approved sign.
d.
Portable signs, trailer signs, signs painted on vehicles parked adjoining public streets, sandwich board signs, signs painted upon benches, or temporary promotional signs.
e.
Any sign or collection of signs covering more than 25 percent of a building window including, but not limited to, storefront windows and display windows.
f.
New billboards and pole signs, pylon signs, or other off-site signs.
(Ord. No. 6513, § 1(Exh. A), 11-19-24)
A.
Definitions. For the purpose of this section, the following words and terms have the following meanings:
Manufactured home means a dwelling unit constructed in a factory in accordance with federal standards and meeting the definitions set forth in the federal standards and under A.C.A. § 20-25-102.
Manufactured home overlay zone means areas of the city as shown on the zoning map for permitted placement of manufactured homes without a conditional use permit.
Manufactured home park means a tract of land, five acres or more under one ownership, divided into separate individual spaces for placement of manufactured homes where the individual spaces for manufactured homes are intended for rent or lease.
Manufactured home subdivision means the division of a tract of land five acres or more into two or more parcels to be sold for the permanent placement of manufactured homes or other types of factory-built homes including modular, panelized, and pre-cut units.
Mobile home means a single-family dwelling that is fabricated in an offsite facility prior to the enactment of the Federal Manufactured Home Construction and Safety Standards (24 CFR 3280), the same being no longer permitted in the City of Hot Springs except as outlined in item (f) below.
(b)
Prohibitions and exceptions. The following prohibitions and exceptions apply to all manufactured homes within the corporate limits of the City of Hot Springs.
(1)
Manufactured homes may be placed within the City of Hot Springs only as authorized by this section.
(2)
Manufactured and mobile homes are prohibited for the following permanent and temporary uses: accessory facilities to commercial buildings, temporary office or commercial facilities (e.g., financial institutions), temporary or permanent additions to educational facilities, places of worship, hospitals, or other such institutions, or any similar uses.
(3)
Manufactured or mobile homes may be utilized for temporary construction offices in commercial or industrial zones during the term of construction activity for which a valid building permit has been issued and maintained.
(4)
Manufactured homes may also be permitted in emergency or extraordinary circumstances pursuant to Ordinance No. 4948.
(5)
For the safety, health, and welfare of the occupants, all manufactured homes placed within the City of Hot Springs after March 1, 2025 the effective date of this section and as authorized by this section, must be manufactured after October 25, 1994, the same being the effective date of the Federal Construction and Safety Standards incorporating revised specifications for fire safety requirements as codified at 24 CFR 3280.203.
(c)
Manufactured home overlay zone. In addition to the other applicable sections, manufactured homes located in manufactured home overlay zones must comply with the following rules and regulations.
(1)
Manufactured homes must comply with the site requirements as specified in item (i) below.
(2)
Setbacks are as required by this Code for the underlying zoning district in which the manufactured home is to be located.
(d)
Manufactured home parks. In addition to the other applicable sections, manufactured home parks must comply with the following rules and regulations.
(1)
Manufactured home parks are allowed as a conditional use and served by city utilities and protected from commercial and industrial activity.
(2)
Manufactured home parks may be placed in such zoning districts and in such manner as prescribed by this Code.
(3)
Developers must comply with all zoning requirements prior to the development of a manufactured home park including, but not limited to, receipt of a conditional use permit as required by the Code.
(4)
Manufactured home parks must be a minimum of five acres.
(5)
Minimum lot sizes for manufactured home parks must be 40 feet by 120 feet.
(6)
Streets in a manufactured home park must be constructed in accordance with the provisions of the Hot Springs Street Specification Ordinance (Street Specification Ordinance, title 15, chapter 10).
(7)
Two paved parking spaces must be provided in the front portion of each lot. The parking pad may be placed within the front 25-foot setback area.
(8)
Minimum requirements of this section, including lot sizes or setback requirements, are not subject to reduction through variance by the board of zoning adjustment or other action by the commission.
(9)
Manufactured homes placed in manufactured home parks must comply with the site requirements as specified in item (i) below.
(10)
Minimum setbacks are as follows:
a.
Front setback: Twenty-five feet.
b.
Interior side setback: Ten feet.
c.
Rear setback: Ten feet.
(e)
Manufactured home subdivisions. In addition to the other applicable sections, manufactured home subdivisions must comply with the following rules and regulations:
(1)
Manufactured home subdivisions are allowed, as a conditional use, in such zoning districts and in such manner as prescribed by this zoning code. Developers must receive a conditional use permit as required by the zoning code, and comply with the requirements of the Hot Springs Subdivision Rules and Regulations including lots sizes for the zone they are located in, prior to the development of a manufactured home subdivision.
(2)
Manufactured home subdivisions must be served by city utilities and protected from commercial and industrial activity.
(3)
Manufactured home subdivisions must be a minimum of five acres.
(4)
Manufactured homes placed in manufactured home subdivisions must meet the following requirements:
a.
No more than one manufactured home may be installed per lot in a subdivision platted according to the Subdivision Ordinance.
b.
Manufactured homes must comply with the site requirements as specified in item (i) below.
c.
A minimum of two spaces must be provided per residence and such spaces must be asphalt paved, concrete, or a surface accepted by the planning commission.
d.
Setbacks are as required by this Code for the zoning district in which the manufactured home subdivision is to be located.
(f)
Pre-existing uses. The provisions of this section do not apply to mobile or manufactured homes (residential or commercial) approved by the planning commission and installed prior to the April 1, 2002 effective date of the previously established chapter 3, Manufactured and Mobile Homes, of title 16. Provided, however, that such pre-existing uses must continue to remain in compliance with the conditions, if any imposed as part of the original conditional use permit.
(g)
Pre-existing parks and subdivisions. This section does not apply to trailer parks or mobile home subdivisions approved prior to April 1, 2002 effective date of the previously established chapter 3, Manufactured and Mobile Homes, of title 16, hereafter termed "pre-existing parks and subdivisions." Any renovation or expansion of a portion of a pre-existing park or subdivision must comply with the provisions of this section for new parks or subdivisions to the extent of such renovation or expansion. Any homes placed and/or replaced within a pre-existing park or subdivision after this March 1, 2025 effective date must meet the requirements of this section.
(h)
Replacement of pre-existing individual manufactured or mobile homes. In addition to the other applicable sections, any individual manufactured or mobile home located in a residential zoning district for which a conditional use permit was approved and which was installed prior to the April 1, 2002 effective date may be replaced after the March 1, 2025 effective date provided that the replacement manufactured home complies with the following rules and regulations:
(1)
Application for replacement of pre-existing individual manufactured or mobile homes must be submitted to the planning director within 12 months of the removal of the pre-existing home.
(2)
Replacement manufactured homes must meet the site requirements specified in item (i) below, and must be placed within six months of the replacement approval, or the original conditional use permit expires.
(i)
Placement regulations. The following additional requirements govern the construction, installation, and maintenance of all manufactured homes within the city except as may otherwise be provided in this section. In addition to the following requirements, such other regulations or conditions that are applicable to other single-family dwellings in the same residential district or zone are applicable to manufactured homes.
(1)
The manufactured home must be constructed in compliance with the Federal Manufactured Home Code and Safety Standards (24 CFR 3280) and the Arkansas Manufactured Home Standards Act (A.C.A. § 20-25-101 et seq.).
(2)
The manufactured home must have skirting or curtain wall constructed of materials approved by the city including, but not limited to: masonry, brick block, rock, vinyl, or fiberglass. Such enclosure must be installed and ventilated in accordance with the manufacturer's instructions or the rules and regulations promulgated by the Arkansas Manufactured Home Commission.
(3)
The manufactured home must have permanent landings and steps provided at each exterior doorway from the door threshold to ground level.
(4)
The manufactured home must be installed in accordance with the installation instructions provided by the manufacturer and the rules and regulations of the State of Arkansas, including: site preparation, pier foundations-footings, pier-support columns, and anchoring. Towing devices must be removed, if possible, or concealed in a manner acceptable to the city. In addition, all decks, landings, steps, porches, and exterior appendages must comply with the applicable building and premises codes.
(5)
Each manufactured home must have two paved off-street parking spaces and a paved driveway.
(6)
Any manufactured home, regardless of age, placed within the corporate limits must be inspected prior to occupancy for compliance with this section, the property maintenance code, and other pertinent laws and ordinances. No such manufactured home may be occupied until a certificate of occupancy has been issued by the appropriate city official.
(7)
Any manufactured home placed within the city must be maintained in accordance with the applicable provisions of the property maintenance code.
(j)
Planning commission hearing and notification. The planning commission must hold a hearing on the original application for any manufactured home subdivision or manufactured home park. Notification of the hearing before the planning commission must be provided as follows: Legal notice of the public hearing must be published no less than 15 days prior to the hearing. The city, no less than 15 days prior to the hearing, must notify all persons who own property within 200 feet of the periphery of the parcel of property on which the manufactured home subdivision or manufactured home park will be located. This notification must be in the form of a letter sent to the property owners by mail.
(k)
Violations. The penalty for violation of this section will, upon conviction in the Hot Springs Municipal Court, or any other court of competent jurisdiction, be such fines and penalties as established by the general penalty clause for the Hot Springs Code of Ordinances, as may now or hereafter be enacted by the Hot Springs Board of Directors.
(l)
Appeals. The planning commission will hear all appeals to the requirements of this section.
(1)
The planning commission has the following powers and it will be its duty:
a.
To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or interpretation made in the enforcement of this section.
b.
To hear requests for variances or deviations from the provisions of this Code for the placement or replacement of a manufactured home on property located within a duly created manufactured home overlay district, manufactured home subdivision, or manufactured home park.
c.
To hear requests for variances or deviations from the provisions of the site requirements, as contained in item (i) above.
(2)
The planning commission does not have the authority to grant variances from the provisions of this Code relative to the required setback requirements. Such variances may only be considered by the board of zoning adjustment.
(3)
The planning commission does not have the authority to allow the placement of a manufactured home on property that is not located in a manufactured home overlay district, approved manufactured home subdivision, or approved manufactured home park.
(4)
The planning commission does not have the authority to allow the replacement of a manufactured home for which a conditional use permit was granted if the replacement home does not comply with the provisions of item (h) above.
(Ord. No. 6513, § 1(Exh. A), 11-19-24)