(a)

General description. There are 14 residential districts designed to meet present and future housing needs, to protect the character of, and property values in, residential areas, to encourage a suitable environment for family life and to provide choice in density, as well as in type of housing. More specific descriptions of these districts are as follows:

(1)

AG—Agricultural district. The purpose of this district is to help preserve existing agricultural resources, and to guide the conversion of rural lands to suburban use when appropriate. Development standards are designed to implement long range development goals by preserving areas that have prime soils for agricultural use, and by protecting appropriate areas for development until they are well served by public facilities and services.

(2)

RS-1—Single-family residential district; minimum 43,560 sq. ft. lot required.

(3)

RS-2—Single-family residential district; minimum 21,780 sq. ft. lot required.

(4)

RS-3—Single-family residential district; minimum 14,520 sq. ft. lot required.

(5)

RS-4—Single-family residential district; minimum 10,890 sq. ft. lot required.

(6)

RS-5—Single-family residential district; minimum 8,712 sq. ft. lot required.

(7)

RS-6—Single-family residential district; minimum 7,260 sq. ft. lot required.

(8)

RS-7—Single-family residential district; minimum 6,222 sq. ft. lot required.

(9)

RS-8—Single-family residential district; minimum 5,445 sq. ft. lot required.

(10)

RM-6—Residential multifamily classification; six units per net acre, includes all forms of units, duplexes, triplexes, quads, and higher.

(11)

RM-8—Residential multifamily classification; eight units per net acre, includes all forms of units, duplexes, triplexes, quads, and higher.

(12)

RM-12—Residential multifamily classification; 12 units per net acre, includes all forms of units, duplexes, triplexes, quads, and higher.

(13)

RM-16—Residential multifamily classification; 16 units per net acre, includes all forms of units, duplexes, triplexes, quads, and higher.

(14)

RMH—Residential manufactured housing district. Establishing a district with use restricted to manufactured housing unit placement. Said units no older than eight years old as measured from date the letter of approval is sought will be allowed. Manufactured housing residential style will not be affected.

(15)

RI-U—Residential Intermediate-Urban District. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments on lots less than 60 feet in width, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living.

(b)

Uses permitted. Uses permitted in the residential districts are set forth in the table in subsection (c) of this section. Where the letter "P" appears opposite a listed use and underneath a residential district, the use is permitted in that district by right subject to:

(1)

Providing off-street parking and loading facilities as required by section 117-324;

(2)

Providing landscaping and screening as provided by section 117-326; and

(3)

Conformance with special conditions applying to certain uses as set forth in article VII of this chapter. Only one principal structure per lot shall be permitted in the RS districts.

(c)

Explanation of symbols. Where the letter "C" appears instead of "P", the use is permitted subject to acquiring a conditional use permit as set forth in article V of this chapter. Where neither "P" nor "C" appears similarly within the table, the use is not permitted.

Permitted Use Table For Residential Districts

(d)

Lot, yard, and height regulations. Except as otherwise provided herein, no lot or yard shall be established or reduced in dimension or area in any residential district that does not meet the minimum requirements in the following table, nor shall any building or structure be erected or enlarged that will cause the maximum lot coverage or maximum height regulations to be exceeded for such district as set forth in said table. A listing of supplements and exceptions to these regulations follows the table.

_____

Minimum Dimension Requirements for Residential Districts
Bulk Dimensional Requirements

_____

(1)

Maximum lot coverage all buildings shall not exceed 35 percent in RS-1 thru RS-5 districts and 40 percent in all other residential districts.

(2)

When an existing lot is reduced because of conveyance to a federal, state, or local government for a public purpose and the remaining area is at least 75 percent of the required minimum lot size for the district in which it is located, then that remaining lot shall be deemed to comply with minimum lot size requirements. The planning director may approve an exception to the minimum lot requirement when a proposed lot is less than five percent out of compliance. The planning director may approve an exception to the minimum setback requirements, when a proposed setback is one foot or less out of compliance.

(3)

Utility facilities, using land or an unoccupied building requiring less than 1,000 square feet of site area, are exempt from minimum lot size requirements of all districts.

(4)

Minimum lot size requirements shall not be interpreted as prohibiting the construction of a single-family residential dwelling unit on a lot that was legally platted or recorded before the adoption of the ordinance from which this chapter is derived. For lots that are rendered nonconforming, the necessity of obtaining a variance from such created nonconformity shall not be required as a condition of issuance of a building permit.

(5)

Certain architectural features may project into required yards as follows:

a.

Cornices, canopies, eaves or other architectural features, may project a distance not exceeding 30 inches.

b.

Fire escapes may project a distance not exceeding 4½ feet from the exterior wall of the building.

c.

An uncovered stair and necessary landings may project a distance not to exceed three feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height.

d.

Bay windows, balconies and chimneys may project a distance not exceeding 30 inches, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

(6)

When an existing setback is reduced because of conveyance to a federal, state or local government for a public purpose, and the remaining setback is at least 75 percent of the required minimum setback for the district in which it is located, then that remaining setback shall be deemed to satisfy minimum setback requirements.

(7)

When a majority of the lots have existing principal structures on them and the street setbacks of said principal structures are on lots within the same block, with the same zoning classification and fronting on the same side of the street and are less than the required street setback, applicants shall be allowed to use the average street setback on that block. In such cases, the average setback shall be the mean or average setback of all developed lots on the same side of the street within the same block as the subject property and with the same zoning classifications, and in no case shall more than six lots on either side of the subject property be included in the calculation.

(8)

When adjacent to RS single-family districts or more restrictive districts, multifamily residential and nonresidential structures over one story or 15 feet in height shall have an additional eight foot side and rear setback for every additional story or 15 feet in building height.

(9)

Single-family attached townhouse uses shall be exempt from interior side setback requirements, provided that end units within a single-family attached development shall comply with applicable side setback requirements. Such uses shall also be exempt from lot width requirements.

(10)

In existing and more intensive zoning districts, dwelling units within a zero lot line development may be placed on or near one interior side lot line, and therefore be exempt from that interior side setback requirement. Zero lot line setbacks may not be used on street side lot lines or on interior side lot lines adjacent to lots that are not part of the zero lot line development. Zero lot line houses shall be subject to applicable fire codes and the following additional standards:

a.

The minimum distance between all buildings in the development must be equal to twice the required side setback required by the underlying zoning district. A deed restriction must be recorded on the deed of each applicable lot to ensure continued compliance with this setback.

b.

An easement to allow for maintenance or repair is required when the eaves or side wall of a house are within four feet of the adjacent property line. The easement on the adjacent property must provide at least five feet of unobstructed space between the furthermost projection of the structure, and be wide enough to allow five feet between the eaves or side wall and the edge of the easement.

c.

If the side wall of the house is on the property line, or within three feet of the property line, windows or other openings that allow for visibility into the side yard of the adjacent lot are not allowed. Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a translucent window, are allowed.

(11)

Maximum height limitation is 35 feet in all residential zones with the exceptions of the AG and RM districts, where the limitation is 45 feet. Chimneys, smokestacks, ventilators, cooling and water towers, bulkheads, grain elevators and silos, utility and flagpoles, belfries, spires and steeples, and monuments and ornamental towers, may be erected to any height not in conflict with the airport overlay district or other city ordinances. Communication towers are exempt only to the extent authorized through conditional use approval.

(12)

For multi-family, the side setback shall be increased by five feet for each additional story in excess of one story, for buildings to be placed along the property line.

The greater restriction applies for the tallest buildings being considered, e.g. if a one story building is proposed adjacent to a three story building, then the minimum separation between those two buildings shall be 30 feet.

(13)

[For RI-U Residential Intermediate-Urban District:]

Lot, yard, and height requirements: Lot width minimum 25 feet, maximum lot width of 60 feet, lot area none, maximum height 30/45 feet, a building or a portion of a building that is located between zero and ten feet from the front property line or any master street plan right-of-way line shall have a maximum height of 30 feet. Buildings or portions of the building setback greater than ten feet from the master street plan right-of-way shall have a maximum height of 45 feet.

Setback Requirements: A build-to zone that is located between the front property line and a line 25 feet from the front property line. Side setback five feet, rear setback five feet or 12 feet from the centerline of an alley.

Building Area: The area occupied by all buildings shall not exceed 60 percent of the total lot area.

Minimum Buildable Street Frontage: 50 percent of the lot width.

(Zoning Ord., § 14.20.01; Ord. No. 07:45, 2-6-2007; Ord. No. 13:040, § 1, 8-20-2013; Ord. No. 17:094, § 2, 2-20-2018; Ord. No. 18:081, § 2, 2-5-2019; Ord. No. 19:011, § 2, 4-16-2019)

(a)

General description, commercial districts. Commercial districts are principally intended for the provision of services and the conduct of business essential to support residents within the city and the surrounding area. Five different commercial districts exist to provide for the diversity of uses and appropriate locations required for the range of goods and services needed in the city. More specific descriptions of these districts follows:

(1)

CR-1, commercial residence mixed use district. The CR-1, commercial residence mixed use district shall be classified as a transitional zoning classification for mixed-use type developments. It allows commercial development, with a residential appearance, and professional uses to be completed in areas between existing commercial more of a retail nature, and single-family residential. By definition it represents transition. Therefore, the logical conclusion would be that a transitional use, such as quadraplexes shall be permitted in this district with commercial below or coordinated to blend or relate. Site plan review shall be subject to planning commission review and administrative approval upon commission recommendation.

(2)

C-4, neighborhood commercial district. This district provides for limited retail trade and services designed to serve adjacent residential neighborhoods, usually of a high or medium density character. Such districts should generally be limited to collector or arterial street locations or other carefully selected areas. Buildings are to be of residential character regarding outward appearance.

(3)

C-3, general commercial district. The purpose of this district is to provide appropriate locations for commercial and retail uses which are convenient and serve the needs of the traveling public. The district also provides locations for limited amounts of merchandise, equipment and material being offered for retail sale that are more suitable for storage and display outside the confines of an enclosed structure. Appropriate locations for this district are along heavily traveled arterial street. Development of groupings of facilities shall be encouraged, as opposed to less desirable strip commercial.

(4)

C-2, downtown fringe commercial district. This district provides for a transitional area between the downtown core commercial district (C-1) and the surrounding older residential areas which have yet to experience intrusions of other type uses. The fringe area is characterized by mixed uses, including offices, services, government facilities and housing. This district is generally considered an inappropriate location for large retail uses greater than 3,000 square foot, with the exception of C-2 zoned land within the Hotel Corridor area, defined and bound by I-63 to the South, Caraway Road to the West, Richardson Drive to the East, and Race Street to the North. In addition, residential is an allowed use in this district except in the hotel corridor as defined above.

(5)

C-1, downtown core commercial district. This district is characterized by concentrated development of permitted uses, including office and institutional, service, convenience and specialty retail, entertainment and housing. Redevelopment of the area is contemplated, with emphasis on an art and entertainment cluster. Accordingly, it is anticipated that one or more overlay or other special districts will be established to help foster transformation of the area.

(b)

General description, industrial districts. The industrial zoning districts are intended to provide for the development of light to heavy industrial uses and their related facilities. Certain commercial and other complementary uses are also permitted. Appropriate standards for the districts are designed to ensure compatibility with other similar uses and to minimize any conflicts with nonindustrial uses located in close proximity to industrial uses. More specific descriptions of these districts follows:

(1)

I-1, limited industrial district. This district is to accommodate freight terminals, warehousing, wholesaling, packaging, storage, fabrication, display and such limited manufacturing as does not create a nuisance for residential and commercial neighbors. Certain commercial uses are also permitted. Suitable transportation facilities are a necessity to this district.

(2)

I-2, general industrial district. This district is intended for the more intensive industries and those manufacturing facilities making products from raw materials. Regulations are the minimum for mutual protection between industries. Rail service is typically necessary, as is adequate highway access.

(c)

Uses permitted. Uses permitted in the commercial and industrial districts are set forth in the table in subsection (d) of this section. Where the letter "P" appears opposite a listed use and underneath a district, the use is permitted in that district by right subject to:

(1)

Providing off-street parking and loading facilities as required by section 117-324;

(2)

Providing landscaping and screening as required by section 117-326; and

(3)

Conformance with special conditions applying to certain uses as set forth in article VII of this chapter.

(d)

Explanation of symbols. Where the letter "C" appears instead of "P", the use is permitted subject to acquiring a conditional use permit as set forth in article V of this chapter. Where neither "P" nor "C" appears similarly within the table, the use is not permitted.

USE TABLE

COMMERCIAL AND INDUSTRIAL DISTRICTS

Note:

Accessory uses permitted subject to provisions of article V of this chapter.

*Not permitted along the route generally known as Crowley's Ridge Parkway National Scenic Byway (see Section 14.32.11 for description).

**Permitted locations—Off-premises sign permitted by right in C-3, I-1, and I-2 except where the property on which the sign is to be located adjoins a residentially zoned property then it shall become a conditional use. See section 117-259, pertaining to off-premises outdoor advertising sign.

(e)

Lot, yard, and height regulations. No lot or yard shall be established or reduced in dimension or area in any commercial or industrial district that does not meet the minimum requirements, nor shall any building or structure be erected or enlarged that will cause the maximum lot coverage or maximum height regulations to be exceeded for such district as set forth in said table. A listing of supplements and exceptions to these regulations follows the table.

(1)

Size reduced for public purpose. When an existing lot is reduced because of conveyance to a federal, state, or local government for a public purpose, and the remaining area is at least 75 percent of the required minimum lot size for the district in which it is located, then that remaining lot shall be deemed to comply with minimum lot size requirements. The planning director may approve an exception to the minimum lot requirement when a proposed lot is less than five percent out of compliance. The planning director may approve an exception to the minimum setback requirements, when a proposed setback is one foot or less out of compliance.

(2)

Utility exemption. Utility facilities, using land or an unoccupied building requiring less than 1,000 square feet of site area, are exempt from minimum lot size requirements.

(3)

Setback reduced for public purpose. When an existing setback is reduced because of conveyance to a federal, state or local government for a public purpose, and the remaining setback is at least 75 percent of the required minimum setback for the district in which it is located, then that remaining setback shall be deemed to satisfy minimum setback requirements.

(4)

Setback averaging. When a majority of the lots have existing principal structures on them and the street setbacks of said principal structures are on lots within the same block, with the same zoning classification and fronting on the same side of the street and are less than the required street setback, applicants shall be allowed to use the average street setback on that block. In such cases, the average setback shall be the mean or average setback of all developed lots on the same side of the street within the same block as the subject property and with the same zoning classifications, and in no case shall more than six lots on either side of the subject property be included in the calculation.

(5)

Setbacks increased by height. When adjacent to R-1A or more restrictive districts, multifamily residential and nonresidential structures over one story or 15 feet in height shall have an additional eight foot side and rear setback for every additional story or 15 feet in building height.

(6)

Maximum height. Maximum height limitation in all commercial zones shall be limited to fire and building code regulations. Any other ordinance or resolution that contradicts this subsection or above listed codes is hereby repealed.

(7)

When a nonresidential zone abuts a residential zone, setbacks for both shall be same as that setback for the abutting residential zone.

_____

Dimension Requirements Commercial and Industrial Districts

Note:

NP = Not permitted.

NS = No standard.

(Zoning Ord., § 14.20.02; Ord. No. 3434; Ord. No. 08-2007, 2-6-2007; Ord. No. 13:040, § 1, 8-20-2013; Ord. No. 15:035, §§ 1, 2, 9-15-2015; Ord. No. 17:061, §§ 2, 3, 9-19-2017; Ord. No. 18:081, § 2, 2-5-2019; Ord. No. 19:008, § 1, 4-16-2019; Ord. No. 20:006, 4-21-2020; Ord. No. 20:014, 6-2-2020; Ord. No. 21:010, § 2, 4-20-2021)

(a)

Purpose. The purpose of overlay and special purpose districts is to provide for enhanced standards to protect and enhance the unique characteristics of specific areas and/or corridors, such as natural scenic beauty or manmade features, while providing for development opportunities. Examples of such purposes include:

(1)

Promoting the safe and efficient use of specific roadways by controlling access and other traffic measures;

(2)

Providing for the creation and expansion of employment opportunities for city citizens through promotion of business development;

(3)

Reducing sprawl and segregation of land use and encouraging more efficient use of land and public services by promoting compact mixed-use development patterns;

(4)

Encouraging the redevelopment of an area consistent with a particular design theme;

(5)

Giving special attention to landscaping, buffering, signage, lighting and building setbacks in those districts identified as needing special attention; and

(6)

Creating an attractive built environment with consistently high design quality and harmonious relationships through sound land use planning and design standards.

(b)

Adoption. The city council, upon recommendation from the planning commission, may adopt overlay and special purpose districts as the needs are identified in order to implement specific purposes, intents, and design standards generally consistent with comprehensive plan provisions for the area being regulated, which shall be applied as additional standards to other city regulations. The development standards for the Town Center Overlay District shall control over the underlying zoning classification(s) that may exist on the property prior to adoption of the overlay district. Such overlay districts shall be adopted and made a part of the zoning ordinance through the standard amendment procedures; and upon adoption, the boundaries of such overlay districts shall be delineated on the official zoning map.

(c)

LU-O—Limited use overlay district.

(1)

Purpose. By providing for flexible use of property development standards tailored to individual projects or specific properties, the LU-O district is intended to:

a.

Ensure compatibility among incompatible or potentially incompatible land uses;

b.

Ease the transition from one zoning district to another;

c.

Address sites or land uses with special requirements; and

d.

Guide development in unusual situations or unique circumstances.

(2)

Application. The LU-O district may be applied in combination with any base zoning district. The designation may be requested by an applicant or proposed by the planning commission or city council during their consideration of a rezoning request.

(3)

Use and property development standards. When accompanied by a rezoning request from the property owner, the LU-O district can be used to restrict the use and property development standards of an underlying base zoning district, as applied to specific parcels of land. All LU-O requirements are in addition to, and supplement all other applicable standards and requirements of the underlying zoning district. Restrictions and conditions imposed by an LU-O district are limited to the following:

a.

Prohibiting otherwise permitted or conditional uses and accessory uses or making a permitted use a conditional use;

b.

Decreasing the number or density of dwelling units that may be constructed on the site;

c.

Limiting the size of nonresidential buildings that may be placed on a site;

d.

Increasing minimum lot size or lot width;

e.

Increasing minimum yard and setback requirements; and

f.

Restricting access to abutting properties and nearby roads.

(4)

Method of adoption/amendment. As an overlay district, the LU-O designation shall be applied for in accordance with standard rezoning procedures. Once LU-O zoning is established, any amendments shall also require review and approval in accordance with rezoning procedures.

(5)

Effect of LU-O designation. Restrictions imposed through an LU-O district are considered part of this chapter. All property included in an LU-O district shall be delineated on the official zoning map by adding the letters LU to the abbreviation for the base zoning district. The rezoning ordinance and record plat for the property must list all of the modifications and restrictions imposed pursuant to the LU-O designation. The restrictions imposed will be considered part of the text of this chapter, and a violation of the restrictions shall be considered a violation of the zoning chapter.

(d.1)

TC-O—Town center overlay district.

(1)

General purpose. The purpose of the TC-O, town center overlay district, is to promote the development of a pedestrian oriented, mixed use district in which a variety of complementary retail, commercial, office, civic, and residential uses are permitted. The intent of the TC-O regulations are to:

a.

Preserve, enhance, or create many forms of publicly accessible open space, such as parks, plazas, water features, tree-lined streets and community gathering areas.

b.

Create a compact concentration of land uses within each development through multiple uses in a single building, or in the same general area.

c.

Encourage a sense of place through street level activity by allowing the imaginative and efficient utilization of land and to develop a sense of community by promoting year-round pedestrian and outdoor activities at the street level.

d.

Reduce the dependence upon and dominance of the automobile through street design, shared parking, pedestrian scaled buildings and pedestrian pathways and spaces.

e.

Achieve a unique aesthetic design through high quality architecture and construction with attention to placement, relationship and orientation of structures to provide a greater compatibility with surrounding land uses.

(2)

Applicability. The TC-O is an overlay district applied to an underlying base zoning district. The TC-O district may be applied to a parcel or contiguous group of parcels where the underlying zoning classification(s) supports a mix of permitted land uses or conforms to the city's land use map and comprehensive plan. The provisions of the TC-O shall control over the underlying base zoning district(s).

(3)

Method of adoption. The TC-O district shall be established according to the standard procedures for rezoning.

(4)

Town center approval procedure. A proposed town center development shall require review and approval according to the planned unit development review procedures.

(5)

Phasing of development. At the time of preliminary plan approval, the applicant may request approval of, and the planning commission may approve, a phasing plan for the development, in which case the following standards shall apply. Each phase shall be related to surrounding areas and available public facilities including utilities in such a manner that failure to proceed to subsequent phases will not adversely affect those areas or facilities. Each completed phase shall comply with all applicable standards. The infrastructure as installed shall be sufficient to accommodate each phase of the development.

(6)

Town center development standards.

a.

The minimum contiguous land area included in a single town center development shall be 40 acres. For purposes of this provision, land shall be deemed to be contiguous if all parts are under unified control of the applicant and all parts abut or are separated by only a road, easement or right-of-way.

b.

Permitted uses. The following uses are permitted subject to site plan requirements and applicable density and design provisions:

1.

Residential (all types including single family attached and detached and carriage homes).

2.

Multifamily residential (including units above non-residential use).

3.

Senior living and retirement homes.

4.

Convenience stores (including fuel dispensing).

5.

Pharmacies.

6.

Grocery stores.

7.

Theaters.

8.

Hotels and motels.

9.

Conference center.

10.

Financial institutions.

11.

Medical services and outpatient services facilities.

12.

Schools and vocational instruction facilities.

13.

Day care and extended care facilities.

14.

Sports and fitness.

15.

Mixed-use developments where residential dwelling units are integrated into buildings with non-residential uses.

16.

Business or professional offices.

17.

Research and development facilities.

18.

Retail sales and services.

19.

Single tenant stores up to 100,000 square feet gross floor area.

20.

Self-storage (mini-storage) and associated offices.

21.

Personal services.

22.

Restaurants and cafés.

23.

Indoor recreational facilities.

24.

Outdoor seating associated with restaurants or cafés subject to applicable licensing requirements.

25.

Live/work.

26.

Home occupations.

27.

Places of Worship.

28.

College or university.

29.

Utility, major and minor.

30.

Communication tower.

31.

Accessory structures to primary permitted land use.

c.

Height, bulk and area requirements—Residential uses. Height, bulk, area and buffer requirements shall be as follows:

1.

Single-family detached dwellings and two-family detached dwellings:

(a)

Minimum rear yard: 25 feet.

(b)

Minimum side yard: Ten feet wide.

(c)

Minimum front yard: 25 feet.

(d)

Minimum lot area: 4,000 square feet per dwelling unit.

(e)

Maximum lot coverage: 60 percent.

(f)

Maximum height: Three stories.

2.

Single-family attached (excluding multi-family):

(a)

Minimum rear yard: 25 feet.

(b)

Minimum side yard: Ten feet.

(c)

Minimum front yard: 25 feet.

(d)

Minimum lot area: 4,000 square feet per dwelling unit.

(e)

Maximum lot coverage: 60 percent.

(f)

Maximum height: Three stories.

3.

Multi-family dwellings:

(a)

Minimum rear yard: 25 feet.

(b)

Minimum side yard: Each 15 feet wide.

(c)

Minimum front yard: 25 feet.

(d)

Minimum lot area: 1,500 square feet per dwelling unit.

(e)

Maximum lot coverage: 60 percent.

(f)

Maximum height: Four stories.

d.

Height, bulk and area requirements—Non-residential and mixed uses.

1.

Non-residential and mixed uses.

(a)

The maximum allowable height for non-residential and mixed use buildings shall be seven stories.

(b)

Setback requirements for parcels fronting upon arterials and collectors and parcels located along perimeter boundary of the town center:

(1)

Minimum rear yard: 20 feet.

(2)

Minimum side yard: Ten feet.

(3)

Minimum front yard: 25 feet.

(c)

Setback requirements for parcels fronting upon local streets within the town center:

(1)

Minimum rear yard: Ten feet.

(2)

Minimum side yard: Zero feet.

(3)

Minimum front yard: Five feet (build-to line shall be five feet unless a lesser front yard is approved with corresponding build-to line).

(d)

Minimum lot area: N/A.

(e)

Maximum lot coverage: 90 percent.

(f)

Maximum building coverage: 70 percent.

e.

Land area and density requirements. It is the intent of the TC-O to create a mixed-use environment that includes a combination of residential and non-residential uses. To ensure an appropriate mix of permitted land uses, the TC-O shall adhere to the following:

1.

Non-residential and mixed uses (that combine residential and non-residential uses in a vertical building configuration) shall occupy a range of 50 to 70 percent of the total land area of the town center including rights-of-way and open space.

2.

Residential land uses shall occupy a range of 30 to 50 percent of the total land area of the town center including rights-of-way and open space.

3.

In order to provide a mix of residential types, a range of 50 to 70 percent of the total land area devoted to residential use within the town center shall be developed as single-family detached and attached (excluding multi-family). Multi-family (excluding single-family attached) may occupy a range of 30 to 50 percent of the total land area devoted to residential uses. In the case of residential uses such as lofts above ground floor retail/office located within the non-residential or mixed-use land area of the town center, there shall be no prescribed minimum or maximum acreage or units.

f.

Big box/large retail establishment requirements. It is the intent of the TC-O to create a unique pedestrian-oriented environment through mixed uses and pedestrian scaled design. Each large retail establishment containing more than 50,000 gross square feet is required to provide pedestrian scaled design through the incorporation of several of the following recommended design elements:

•

Arcades.

•

Arches or recessed archways.

•

Architectural detailing.

•

Awnings, canopies or porticos.

•

Changes in massing.

•

Changes in material.

•

Multiple customer entries.

•

Display windows.

•

Dormers.

•

Peaked roof forms.

•

Outdoor gathering spaces.

•

Raised cornice parapets over entries.

•

Separate shops (or the appearance of separate shops) with separate entrances placed in front of the larger building.

•

Varying plate heights.

g.

Open space requirements. The intent of the TC-O is to allow for the creative design of plazas, green spaces, and focal elements for retail, office, residential, or mixed use land uses.

1.

All town center developments shall provide usable open space, or spaces which allow for the interaction among pedestrians and with the surrounding environment.

2.

A minimum of ten percent of the gross land area of a town center development shall be designated and preserved as common open space or private open space. Landscape amenities, recreation facilities or structures and accessory uses in common areas shall be considered as open space if the total impervious surfaces such as paving and roofs constitute no more than 15 percent of the total open space. A property owners' association shall be responsible for continued maintenance of common open space areas.

3.

Usable open spaces should provide as many seating opportunities as possible through the placement of moveable chairs, sidewalk cafes and planter walls.

4.

Activities such as street vendors, open air markets, kiosks, and festivals are encouraged to promote pedestrian usage.

5.

Usable outdoor space shall be privately owned and maintained by the developer or property owners' association. However, if the determination has been made by the city council that a particular usable open space serves not only the patrons of the development but the greater community as a whole, the city may provide assistance to aid in the development and maintenance of the public space.

6.

When possible, the integration of storm drainage and detention should be designed to enhance the public space and improve water quality.

7.

Usable space should be designed to create outdoor rooms, by limiting the interaction with moving vehicles and partially surrounding the space with buildings, landscaping elements, and architectural features.

h.

Traffic impact study. A traffic impact study will be prepared and submitted to the City of Jonesboro addressing traffic impacts associated with the development of the town center. The traffic impact study will also address access management relative to placement and configuration of street intersections and entrances to the town center.

i.

Architectural guidelines. Building façades should be varied and articulated to provide visual interest to pedestrians. Buildings should be proportioned and defined by clear façade elements such as a base, middle, and top. Building architecture shall adhere to the following architectural guidelines:

1.

Buildings are encouraged to have a pedestrian scaled design by achieving the following:

•

Using heavier building materials at the bottom of the building.

•

Using roof details such as cornice, caps or parapets at the top of the building.

•

Alternating roof styles, heights, and elements.

•

Dormers.

•

Varying window heights and styles.

•

Mix of architectural materials and styles.

2.

Buildings on corner lots shall be considered significant structures since they have two street-facing facades. All such facades shall have appropriate scale and massing. Additional stories or prominent roof design and architectural elements are encouraged to emphasize the location.

3.

Buildings located at "gateways" into and out of the town center development should be designed with additional height or architectural elements to reinforce their prominence. Pedestrian elements such as plazas, fountains, and special landscaping treatments are also encouraged.

4.

Focal points of visual termination should generally be occupied by prominent buildings and structures that employ enhanced height, massing, distinctive architectural elements, ornamental site elements or other distinguishing features.

5.

Fenestration (door and window openings) shall be sized to the scale of the building and detailed based upon building architecture including an appropriate amount of fenestration on first floor façades facing public streets. Fenestration design shall properly address maximum sill height and minimum window head height based upon the height of the first floor measured from finished grade. Use of repeating window patterns and details are encouraged to unify design.

6.

Entrances into buildings should be easily identified through the use of building design and detailing. Projected or recessed entryways, higher rooflines, awnings, or changes in building material are examples that can create this effect.

7.

No building shall have long expanses of uniform or flat walls. Reasonable articulation of building facades shall be provided by using offsets, recesses and/or projections, changes in plane, changes in height, windows, awnings, arcades and/or colonnades. Use of awnings shall be limited to above windows and entrances.

8.

No buildings shall have long expanses of uniform roof planes. Reasonable articulation of roof lines shall be provided by using a pitched roof, partial roof, or parapet walls of varying heights, dormers, overhangs, arches, stepped roofs, gables, or other similar design. All flat roofs shall be screened with parapets on all sides of the building. If no roof top equipment exists, the parapet shall be a minimum of 18 inches high. All parapets shall feature cornice treatments and shall provide a cap to demonstrate that the upper edge is the top of the building.

9.

Ground mounted mechanical equipment shall be screened from view with wing walls consisting of comparable design and building materials as the main building structure, landscaping, or a combination of both.

10.

Loading areas (shipping and receiving docks) shall be located and/or screened in such as manner that the loading area is not visible to passing motorists along a public street and/or highway serving the town center development.

11.

Buildings should provide a unifying theme while maintaining each building's individual character.

12.

Materials should change with the change in building planes; however, all material should keep within the chosen theme.

13.

Reflective glass or mirrored glass is strongly discouraged. Efforts should be made to use clear glass on storefronts, windows and doors to promote the connection of the interior and exterior of buildings.

14.

All sides of all buildings open to public view should be treated with the same level of architectural style.

15.

Trim and structural elements such as posts or columns shall be sized to the scale of the building and detailed appropriately to the theme. When used, masonry materials shall have the appearance of three-dimensional elements.

16.

Corporate franchise design where the building functions as a trademark shall be permissible only if it incorporates architectural elements which are compatible with the overall theme and uniqueness of the development.

17.

No outdoor storage shall be permitted unless such storage is visually screened from view to passing motorists along a public street and/or highway serving the town center development by the use of landscaping and/or a suitable solid fence constructed of masonry or wood at least six feet in height or a combination thereof. No storage materials may be visible above the screening measure. Screening shall be well maintained.

j.

Building materials. Any exterior building wall facing a street or highway located within the town center development, shall be constructed of one or a combination of the following materials:

1.

Clay or masonry brick.

2.

Customized concrete masonry with striated, scored or broken faced brick type units (sealed) with color consistent with design theme.

3.

Poured in place and tilt-up walls shall have a finish of stone, a texture or a coating.

4.

Poured in place, tilt-up or pre-cast concrete.

5.

Natural stone.

6.

At a minimum, industrial buildings shall be constructed having the lower one-third of the structure being of architectural masonry, architectural composite aluminum or steel panels, glass, or a combination of these materials on all sides not facing a public street. The front façade of an industrial building shall be one of or a combination of the materials enumerated in items 1. through 5. of this subsection.

7.

All roof drains of a structure must be integral to the design and non-apparent.

8.

Accessory structures including refuse enclosures shall be of comparable design and building materials as the principal structure.

k.

Signs.

1.

The following signs are permitted in accordance with the zoning ordinance:

(a)

Principal or monument ground signs.

(b)

Integrated shopping center signs.

(c)

Wall signs.

(d)

Menu board (limited to one sign per business).

(e)

Suspended signs.

(f)

Construction signs.

(g)

Directory signs (ground and wall mounted).

(h)

Special event signs.

(i)

Real estate signs.

(j)

Window signs.

(k)

Gasoline trade signs.

(l)

Sandwich signs (associated with restaurant or café).

2.

The following signs are not permitted:

(a)

Changeable copy signs (including LED/message signage).

(b)

Flags.

(c)

Internally illuminated signs.

(d)

Pole signs.

(e)

Tag signs.

(f)

Open channel letter signs.

(g)

Flashing or animated signs.

(h)

Off-premises signs.

(i)

Roof signs.

3.

Signs shall comply with the following guidelines:

(a)

All ground-mounted signs shall include landscaping around the entire base of the sign structure. Landscaping shall consist of multiple rows of evergreen and deciduous plant materials and seasonal varietals that add visual interest to the sign. All landscaping shall be irrigated and properly maintained.

(b)

Signs shall not create a traffic hazard. All entrance and freestanding signs located near corners of a street intersection shall be located outside of the clear sight triangle based upon the design speed of the intersecting streets upon which the sign will be located.

(c)

No principal or monument ground sign shall exceed 12 feet in height, 15 in length and three feet in width.

(d)

No integrated shopping center sign shall exceed a total of 200 square feet on one side for any one integrated shopping center sign. If a shopping center fronts upon more than one public street, no more than two integrated shopping center signs shall be permitted for a shopping center.

(e)

One menu board sign per business shall be allowed provided the menu board shall not exceed a total of 25 square feet of display surface. A microphone shall be permitted to be integrated into the design of the menu board sign structure to communicate with patrons.

(f)

Sign structures shall be of comparable design and building materials as the main building structure.

(g)

The area of a wall sign shall not exceed, in square feet, two times the lineal front footage of the business or office.

(h)

Window signs shall not exceed 15 percent of the total window surface of the first floor or street level of the building.

(i)

Signs are required to be internally illuminated block letters mounted on a raceway. Backlit letters and indirectly illuminated signs are acceptable. Three colors maximum are allowed for signs with up to two font styles. Ground mounted building identification signs shall have fully enclosed solid bases of either brick or stone, mounted at the ground plane. No supporting structural members are to be exposed.

l.

Vehicle use area design guidelines. The intent of the TC-O is to create small, shared, aesthetically landscaped and screened parking lots which are designed to function not only in the interest of accommodating automobiles, but in the interest of the pedestrian.

1.

Parking areas should consist of separated parking fields that are aesthetically pleasing, landscaped to screen the public views and located so as not to be the dominant feature along any street or intersection.

2.

Parking structures and lots should be designed to contribute to an attractive appearance of the streetscape and not deter from the pedestrian orientation of the district.

3.

Parking requirements will be in accordance with section 117-324, Off-street parking and loading requirements. Parking requirements may be reduced if the applicant can provide data that substantiates potential parking demand that is less than the minimum prescribed parking standard. The applicant may use shared parking, on-street parking, off-street parking, and other considerations including mass transit to reduce the number of required parking spaces.

4.

Parking should be located to utilize natural landscape and topography.

5.

To promote a higher level of pedestrian awareness, the use of alternate paving materials to designate pedestrian traffic areas from vehicular use areas and travel lanes is encouraged.

6.

The design of all streets (public and private) and parking lots shall permit the travel of the fire department's vehicle access requirements.

7.

On-street parking may be permitted on public street classified as local street or less on the most current master street plan.

8.

Pedestrian travel ways should be separated from vehicular traffic with landscaping, on-street parking, bollards, special paving, or any other feature which identifies the pedestrian space.

9.

Parking lots of contiguous developments within the town center should, where possible, interconnect among the different developments to encourage continuous movement of traffic to reduce traffic flow on public streets and to minimize the need for excessive curb cuts.

m.

Sidewalks. Sidewalks shall be provided on both sides of all local (public and private) and collector streets within a town center development.

n.

Streets. The planning commission may allow reduced street right-of-way and pavement widths within town center developments provided the planning commission determines that pedestrian amenities or transit improvements will be made to reduce dependency on the automobile.

1.

The planning commission may allow both public and private streets including alleys within a town center. The planning commission may allow private streets to vary from public street design standards where such deviations demonstrate safe design that supports pedestrian-friendly streetscapes and street hierarchies within the town center.

o.

Underground utilities. All service facilities must be placed underground except those that by their nature must be on or above ground, such as streets, fire hydrants, and open storm water courses. The applicant is responsible for making the necessary arrangements with utility providers and other appropriate entities when installing utilities and service facilities.

p.

Site lighting.

1.

A uniform lighting plan shall be established for the town Center Development. Lighting shall be provided along public and private streets, pedestrian ways, and in off-street parking and loading areas. Outdoor lighting shall be located and shielded to prevent spillover lighting in residential areas. The lighting source should not be directly visible from adjoining properties. Floodlights, unshielded wall pack units, other types of unshielded lights, and lights where the lens is visible outside of the light fixture shall be prohibited. The design and style of light fixtures shall provide for a common design theme throughout the entire town center to reinforce a sense of place. Sidewalks and parking areas shall be properly lit to facilitate safe movement of pedestrians and vehicles and provide a secure environment. In parking areas, the light intensity shall average a minimum of 1.0 foot candle, measured five feet above the surface. In pedestrian areas, the light intensity shall average a minimum of 2.0 foot candles, measured five feet above the surface. Maximum average light intensity shall be ten foot candles.

2.

Light poles are to be neutral, preferably dark in color and not made of wood. All parking and security lights are to be cutoff luminaries. The height of light fixtures should be in proportion to the building mass, preferably no taller than the building height. Lighting for pedestrian areas should be 12—15 feet in height. Ground-oriented pedestrian scale lighting should be considered as an alternative to polemounted fixtures along pedestrian walkways at three to four feet in height.

q.

Mechanical equipment. All air conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing and satellite dishes and other telecommunications receiving devices shall be thoroughly screened from view from the public right-of-way and from adjacent properties, using walls, fences, roof elements, penthouse-type screening devices or landscaping.

(7)

Paths and trails. Bicycle paths and pedestrian trails are strongly encouraged to link residential areas with commercial and mixed-use nodes, schools and other activity areas inside and outside the town center development. The requirement for sidewalks may be waived by the planning commission if paths or trails are provided.

(8)

Parks and recreation areas. A town center development should include usable open space that provides passive and/or active gathering places and activity and special event spaces.

(d.2)

VR-O—Village residential overlay district.

(1)

General purpose. The purpose of the VR-O, village residential overlay district, is to promote greater integration of use and design and more potential for physical and social interaction within the city's newly developing neighborhoods.

The VR-O regulations are intended to encourage the creation of neighborhoods with the following characteristics:

a.

Pedestrian scale;

b.

A mix of uses, i.e., all types of housing and supporting retail and service uses;

c.

Unified planning, design and appearance; and

d.

Inclusion of amenities and pedestrian connections to such amenities (e.g., parks, open space, schools, cultural facilities, etc.).

(2)

Applicability. The city council, upon recommendation from the planning commission, may adopt overlay and special purpose districts as the needs are identified in order to implement specific purposes, intents, and design standards generally consistent with comprehensive plan provisions for the area being regulated, which shall be applied as additional standards to other city regulations. The development standards for the village residential overlay district shall control over the underlying zoning classification(s) that may exist on the property prior to adoption of the overlay district. Such overlay districts shall be adopted and made a part of the zoning ordinance through the standard amendment procedures; and upon adoption, the boundaries of such overlay districts shall be delineated on the official zoning map.

(3)

Method of adoption. The VR-O district shall be established according to the standard procedures for rezoning.

(4)

Effect of VR-O classification. The VR-O is an overlay district applied to an underlying base zoning district. The VR-O district may be applied to a parcel or contiguous group of parcels where the underlying zoning classification(s) supports a mix of permitted land uses or conforms to the city's land use map and comprehensive plan. The provisions of the VR-O shall control over the underlying base zoning district(s).

(5)

Village residential approval procedure. A proposed village residential development shall require review and approval according to the planned unit development review procedures.

(6)

Phasing of development. At the time of preliminary plan approval, the developer may request approval of, and the planning commission may approve, a phasing plan for the development, in which case the following standards shall apply. Each phase shall be related to surrounding areas and available public facilities in such a manner that failure to proceed to subsequent phases will not adversely affect those areas or facilities. Each completed phase shall comply with all applicable standards. The infrastructure as installed shall be sufficient to accommodate each phase of the development.

(7)

Village residential development standards.

a.

Minimum site area. The minimum contiguous land area included in a single village residential development shall be 25 acres. For the purpose of this provision, land shall be deemed to be contiguous if all parts are under unified control of the applicant and all parts abut or are separated by only a road, easement or right-of-way.

b.

Uses.

1.

Residential. Any type of residential use may be allowed in the VR-O district, subject to required approval procedures, and the following limitations:

(i)

Single-family. A minimum of 51 percent of the total number of dwelling units within a village residential development shall be single-family.

(ii)

Other residential. No more than 49 percent of the total number of dwelling units within a village residential development may be other than single-family, e.g., duplex, multifamily, manufactured housing.

2.

Nonresidential. The following nonresidential uses shall be allowed within the VR-O district, if approved according to the PD approval procedures:

(i)

Uses allowed in RS. Any nonresidential use permitted in the RS district shall also be a permitted use in the VR-O district.

(ii)

Bank or financial institution. Banks and financial institutions are permitted uses in the VR-O district.

(iii)

Convenience store. Convenience stores, including those that sell gasoline, are permitted uses in the VR-O district.

(iv)

Day care, limited. Daycare family homes are permitted in this district.

(v)

Medical service. Medical services are permitted in the VR-O district.

(vi)

Restaurants. Restaurants are permitted uses in the VR-O district, provided they do not exceed a 100 person seating capacity.

(vii)

Retail sales/service. Retail sales and service uses are permitted in the VR-O district, provided that no individual retail sales or service use may exceed 4,000 square feet of gross floor area.

(8)

Residential property development standards.

a.

Maximum density. The maximum single-family residential density within a village residential development shall not exceed 5.5 units per acre.

b.

Minimum lot size. The minimum lot size for single-family residential uses shall be 6,000 square feet.

c.

Setbacks. The setback standards of the underlying base zoning district shall apply unless the planning commission approves an alternative setback plan for the village residential development. In general, reduced building setbacks from streets are appropriate in a village residential development.

d.

Maximum height. Residential uses shall not exceed 35 feet in height, measured from the highest land elevation to the eaves.

e.

Maximum building coverage. Residential uses shall not exceed 50 percent lot coverage.

f.

Commercial floor area limit. No more than 10,000 square feet gross floor area of commercial floor space shall be allowed per 100 dwelling units within a village residential development.

g.

Setbacks. The setback standards of the underlying base zoning district shall apply unless the planning commission approves an alternative setback plan for the village residential development.

h.

Lot coverage. The maximum ground coverage of any nonresidential use within a village residential development, which includes building and other site improvements, shall not exceed 70 percent of the lot.

i.

Maximum height. The maximum height of any nonresidential use in the VR-O district shall be 30 feet, measured from the highest land elevation to the eaves.

(9)

Design guidelines and standards. In reviewing plans for a village residential development, and, as a condition of any density bonus and any permitting of commercial uses, the planning commission shall evaluate the proposal in light of the policies and guidelines in the comprehensive plan, and in light of the following standards and guidelines:

a.

Sidewalks. Sidewalks shall be provided on both sides of all local and collector streets within a village residential development.

b.

Streets. The planning commission may allow reduced street right-of-way and pavement widths within village residential developments if the planning commission determines that pedestrian amenities or transit improvements will be made to reduce dependency on the automobile.

c.

Open space. A minimum of 20 percent of the gross area of a village residential development shall be designated and preserved as common open space or private open space. Recreation facilities or structures and accessory uses in common areas shall be considered as open space if the total impervious surfaces such as paving and roofs constitute no more than ten percent of the total open space area. A property owners association shall be responsible for continued maintenance of common open space areas.

d.

Landscaping and buffering. Trees, shrubs and other plant materials should be installed within open space areas of a village residential development. Shade trees shall be installed to shade sidewalks and parking lots. Landscape buffers consisting of trees, shrubs, earth berms and other landscape features shall be provided to screen incompatible uses from one another. Low density residential areas should, for example, be screened from high density residential uses and from nonresidential uses.

e.

Outdoor lighting. A uniform lighting plan should be established for the village residential development. Lighting should be provided along streets and sidewalks, and in off-street parking areas. Out- door lighting shall be located and shielded to prevent spillover lighting in residential areas.

f.

Underground utilities. All service facilities must be placed underground except those that by their nature must be on or above ground, such as streets, fire hydrants and open water-courses. The developer is responsible for making the necessary arrangements with utility companies and other appropriate entities when installing utilities and service facilities.

g.

Housing design. Pedestrian-oriented design features are strongly encouraged within the VR-O district. To that end, front porches, reduced street setbacks, rear alleys, garage placement to the side or rear of houses, and other design features that emphasize the pedestrian over the automobile are encouraged within village residential developments.

h.

Architectural compatibility. At the time of plan review, the developer of a village residential development shall be required to present plans for insuring architectural compatibility within the development. In addition to the general design of buildings, such plans shall address uniform signage and landscaping.

i.

Paths and trails. Bicycle paths and pedestrian trails are strongly encouraged to link residential areas with commercial nodes, schools and other activity areas inside and outside the development. The requirement for sidewalks may be waived by the planning commission if paths or trails are provided.

j.

Parks and recreation areas. A village residential development should include recreation facilities and amenities, such as swimming pools, playfields and other areas. The planning commission may require the provision of private recreational amenities within a village residential development if the planning commission determines that adequate park and recreation facilities do not exist within a one-mile radius of the village residential development.

(e)

JMA-O—Jonesboro municipal airport overlay district.

(1)

Establishment of airport overlay district. The following airport overlay zones are established within the JMA-O district. These zones include all land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the city municipal airport.

(2)

Utility runway visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(3)

Runway larger than utility with a visibility minimum as low as three-quarter-mile nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,00 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(4)

Precision instrument runway approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(5)

Transitional zones. The transitional zones are the areas beneath the transitional surfaces.

(6)

Horizontal zone. The horizontal zone is established by swing-arcs of 5,000 feet radii for all runways designated utility or visual, and 10,000 feet for all others from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

(7)

Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

(8)

Airport zoning map. The airport overlay zones established by this section are shown on the city municipal airport zoning map which, together with all notations, references and other information shown thereon, shall be as much a part of this chapter as if specifically set forth herein. Any area shown as located in more than one of the following zones shall be considered to be located only in the zone with the more restrictive height limitation.

(9)

Height limitations. Unless otherwise specifically provided in these regulations, no structure shall be erected, altered, or maintained, and no tree shall be allowed to exceed the maximum permitted height of the airport overlay zone in which it is located. The following maximum height limits shall not be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land:

a.

Utility runway visual approach zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 along the extended runway centerline.

b.

Runway larger than utility with a visibility minimum as low as three-quarter-mile nonprecision instrument approach zone. Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

c.

Precision instrument runway approach zone. Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

d.

Transitional zones. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 258 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.

e.

Horizontal zone. Established at 150 feet above the airport elevation or at a height of 408 feet above mean sea level.

f.

Conical zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

(10)

Use limitations. Notwithstanding any other provisions of this chapter, no use may be made of land or water within any airport overlay zone in such a manner so as to create electrical interference with navigational signals or radio communication between the city municipal airport and aircraft; make it difficult for pilots to distinguish between city municipal airport, and other facilities; impair visibility in the vicinity of the airport; create bird strike hazards; or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the city municipal airport.

(11)

Nonconforming uses.

a.

Regulations not retroactive. The airport overlay district regulations prescribed in this section shall not require the removal, lowering, or other change or alteration of any structure or tree that does not comply with the airport overlay district regulations, nor shall the airport overlay district regulations otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to October 20, 1969, the date of Ordinance No. 1242, which is superseded by the airport overlay regulations of this chapter, and is diligently pursued.

b.

Marking and lighting. Notwithstanding the provision in subsection (e)(11)a of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the city municipal airport commission, to indicate to the operators of aircraft in the vicinity of the city municipal airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the city.

(12)

Permits.

a.

Future uses. Except as specifically exempted by the subsection (e)(13) of this section, no material change shall be made in the use of the land, no structure shall be erected or otherwise established, and no tree shall be planted in any airport overlay zone unless a permit has been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient detail to allow a determination of whether the resulting use, structure, or tree would comply with the regulations of this section. If the use, structure, or tree complies with the regulations of this section, the permit shall be granted. No permit for a use inconsistent with the provisions of this airport overlay district shall be granted unless a variance has been approved by the board of zoning adjustment.

(13)

Exceptions. No permits shall be required for the following:

a.

In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

b.

In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

c.

In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

(14)

Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation, than it was on June 1, 1987 or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

(15)

Nonconforming uses abandoned or destroyed. Whenever the city municipal airport commission determines that a nonconforming tree or structure has been abandoned or more than 50 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable airport overlay zone height limit or otherwise deviate from the zoning regulations of this chapter.

(16)

Permits for change and repair of nonconforming uses. Before any existing nonconforming structure or object of natural growth may be altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the city municipal airport commission authorizing such change or repair. No such permit shall be granted that would allow the structure or object of natural growth in question to be made higher or become a greater hazard to air navigation than it was on June 1, 1987. If the structure or object of natural growth has been more than 50 percent torn down or destroyed, whether voluntarily, by act of nature, or otherwise, or has become more than 50 percent deteriorated or decayed, no permit shall be granted that would permit said structure or object of natural growth to exceed the applicable height limit prescribed by the zoning regulations of this chapter. In all cases of more than 50 percent destruction, deterioration or decay, whether application is made for a permit for repair or not, the city municipal airport commission shall by appropriate action compel the owner of the nonconforming structure or object of natural growth, at the owner's expense, to lower or remove such object to the extent necessary to conform to the height limitations contained in the airport overlay district. Except as indicated, all applications for permits for change or repair of nonconforming uses shall be granted.

(17)

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in the airport overlay district, may apply to the board of zoning adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. No application for a variance may be considered by the board of zoning adjustment unless a copy of the application has been furnished to the airport manager for advice as to the aeronautical effects of the variance. If the airport manager does not respond to the application with 15 days of its delivery, the board of zoning adjustment may act on its own to grant or deny said application.

(18)

Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this airport overlay district, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the board of zoning adjustment, this condition may be modified to require the owner to permit the city, at its own expense, to install, operate and maintain the necessary markings and lights.

(19)

Administration.

a.

Permits. All applications for airport overlay district permits shall be made to the city municipal airport commission upon a form published for that purpose. The city municipal airport commission shall approve or deny the requested permit within 45 days after receipt. Building permits are required by the inspection department.

b.

Variances. All applications for variances shall be made to the board of zoning adjustment. All such applications shall immediately be submitted by the board of zoning adjustment to the city municipal airport commission for its recommendation. The city municipal airport commission shall recommend approval or denial of the requested variance within 45 days after receipt, and shall forward its recommendation to the board of zoning adjustment for appropriate action.

(20)

Appeals.

a.

Appeals to board of zoning adjustment. Any person aggrieved by any decision of the city municipal airport commission made in the administration of the airport overlay district may appeal to board of zoning adjustment.

b.

Effect of appeal. An appeal shall stay all proceedings in furtherance of the action appealed unless the city municipal airport commission certifies to the city council that, by reason of the facts stated in the certificate, a stay would, in the opinion of the commission, cause an eminent peril to life or property. In such case, proceedings should not be stayed except by order of the city council, or order of the county circuit court, after appropriate notice to all parties and a show cause hearing is held.

c.

Judicial review. Any person aggrieved by any decision of the board of zoning adjustment, may appeal to the county circuit court as provided by A.C.A. § 14-363-208.

(Zoning Ord., § 14.20.03; Ord. No. 14:026, § 2, 6-3-2014)

(a)

General description. It is the intent of this division to encourage development with superior living environments brought about through unified development, and to provide for the application of design ingenuity in such developments, while protecting existing and future surrounding areas in achieving the goals of the comprehensive plan for development of the city. The PD provisions herein established, are intended to provide for greater flexibility in the design of buildings, yards, courts, circulation and open space than would otherwise be possible through the strict application of other district regulations and to produce:

(1)

A maximum choice in the type of environment and living units available to the public;

(2)

Open space and recreation areas, active and passive;

(3)

A pattern of development which preserves natural features, prevents soil erosion, and protects water quality;

(4)

A creative approach to the use of land and related physical development;

(5)

An efficient use of land resulting in smaller networks of utilities and streets, and thereby lowering costs; and

(6)

An environment of stable character. The PD regulations are de signed to provide for small- and large-scale developments incorporating a single type or a variety of residential, commercial, and related uses which are planned and developed as a unit. Such development may consist of individual lots or it may have common building sites. Private or public common land and open space should be an essential and major element of the plan which is related to and affects the longterm value of the homes and other development. A planned unit shall be a separate entity with a distinct character.

(b)

Standards of development.

(1)

Ownership control. The land in a planned unit development district shall be owned, leased, or otherwise controlled by a person, firm, group of individuals, partnership, corporation, or trust, provided assurances are given through the procedures contained herein that the project can be successfully completed.

(2)

Minimum district area. The minimum area for a PD district shall be one acre. In calculating the minimum area for a PD district, the measurements shall include the area of all dedicated streets entirely within the boundary of the proposed PD, and one-half of the area of all boundary or perimeter streets.

(3)

Uses permitted.

a.

In order to increase creativity and flexibility in the development of areas suitable for a planned unit development, there are no specifically prescribed uses which are permitted within the boundaries of a planned development. The developer shall be responsible for preparation of a list of permitted uses within the specific planned development requested. The development list shall take into account the nature and purpose of the PD area, and such uses and locations shall be appropriate with the surrounding development.

b.

At the time of the preapplication plan and conference, the applicant shall generally describe the nature and types of land uses to be located within the boundaries of the PD district. At the time of zoning application and consideration of the preliminary plat, a specific written list of uses to be permitted by right shall be submitted for review by the planning commission. Following approval by the planning commission and city council, the list of specific uses permitted by right shall serve as the control list in issuance of building permits and certificates of occupancy.

c.

In addition to the permitted uses in subsections (b)(3)a and (b)(3)b of this section that are established by right, certain other uses may be prescribed by the developer in accordance with the restrictions included herein and said uses are designated as conditional uses. These uses more intensely dominate the area in which they are located than do other uses which might be permitted in the PD district and, as such, they require special considerations and restrictions. If the developer and/or planning commission agree that certain conditional uses should be included within the PD district, the applicant shall precisely indicate the specific use, its location, area to be included, maximum building square footage, and such other information as required by the planning commission to properly and comprehensively evaluate the nature and impact of such conditional uses. When such conditional uses are approved at the time of rezoning, they shall not be subsequently changed to any other use until and unless they are changed to another use that is permitted by right, or the new proposed use if not permitted by right in a PD district, is resubmitted for rezoning approval.

(4)

Parking and off-street loading. All uses established with a planned development district shall comply with the off-street parking and loading requirements as established in this chapter. However, the requirements for individual structures or lots may be met through either provision of adequate parking on the lot on which such structure is so located, or upon adjacent property which is under the control of a property owners association, to which said lot is an automatic participant. In no case, however, shall the cumulative requirements of all parking and off-street loading requirements be less than if said uses were individually established and located in any other zoning district within the city.

(5)

Perimeter requirements. In order to assure compatibility with surrounding development, the developer shall submit specific information as to the setbacks, building height, coverage factors and other elements necessary for all perimeter lots that are adjacent to the boundary of the PD district or adjacent to any boundary or perimeter street right-of-way. While no specific setback requirements are herein established, the planning commission shall consider the nature, extent and character of the adjacent development and shall take into consideration the types of area regulations applicable to adjacent properties.

(6)

Residential density standards. The maximum number of dwelling units permitted within a PD district is dependent upon both the type and number of each type of residential units intended to be included in the PD district. Densities within certain areas of the PD may be beyond the overall limits through a transfer of density. However, overall project densities shall not be exceeded in accordance with the following schedule:

a.

Eight dwelling units per net residential acre for single-family attached and detached houses and duplexes.

b.

Fifteen dwelling units per net residential acre for triplexes, fourplexes, and row or terrace housing.

c.

Eighteen dwelling units per net residential acre for two story, and 27 units per net residential acre for three-story apartments.

d.

Forty dwelling units per net residential acre for high-rise, four stories or more, apartments.

(7)

Common open space. For purposes of calculating densities, net residential acres are defined as gross acres of the PD site minus all public rights-of-way, and less the area of all parcels or lots devoted to commercial, industrial, or institutional uses not of a residential nature. Common open space that is owned and maintained by a property owners' association shall be included in calculating the net residential acres available for all dwelling units that automatically belong to such an association. Where more than one property owners' association is to be created, then each common open space can only be attributed to the lot or dwellings which have automatic membership for that specific common open area.

(Zoning Ord., § 14.20.04; Ord. No. 07-13, § 1, 5-1-2007; Ord. No. 18:043, § 1, 8-21-2018)

The purpose of the PD planned development district is to:

(1)

Allow for flexibility in the zoning requirements where the result will be a higher quality development;

(2)

Provide for and locate suitable recreational facilities, open space, and other common facilities, while preserving the existing landscape to the greatest extent possible;

(3)

Encourage sound planning principles in the arrangement of buildings, the preservation of open space, the utilization of topography and other site features;

(4)

Obtain creative and coordinated designs and allow procedures supplemental to those applicable in other use districts to establish under which development plans particularly designed to meet the objectives of this section; and

(5)

Allow for creative development that conforms to the goals and objectives set for in the city comprehensive plan.

(Zoning Ord., § 14.20.04.1; Ord. No. 07-13, § 1, 5-1-2007)

Any plan unit developments (PUDs) or limited use overlay districts (LUP) approved prior to the effective date of the resolution from which this section is derived shall continue in accordance with the approved preliminary development plan and final development plans. Modifications, amendments, and expansion of existing planned developments shall be in accordance with section 117-174 planned development district review.

(Zoning Ord., § 14.20.04.2; Ord. No. 07-13, § 1, 5-1-2007)

The following are the five types of planned developments permitted within city, pending approval by the Metropolitan Area Planning Commission and the city council:

(1)

PD-RS—Residential planned development.

(2)

PD-RM—Multifamily residential planned development.

(3)

PD-C—Commercial business planned development.

(4)

PD-I—Industrial planned development.

(5)

PD-M—Mixed use planned development.

(Zoning Ord., § 14.20.04.3; Ord. No. 07-13, § 1, 5-1-2007)

All planned developments approved after the effective date of the resolution from which this section is derived shall comply with the city comprehensive plan and city land use plan including compliance with the permitted uses, densities, intensities and other recommendations of the plans.

(Zoning Ord., § 14.20.04.4)

(a)

All uses in a PD district are subject to approval during the review of the preliminary development plan by the Metropolitan Area Planning Commission and the city council pursuant to section 117-174.

(b)

The following table illustrates the permitted uses within each PD district:

_____

Planned Development Use Table

_____

(c)

Uses not specifically listed as permitted by these districts may be permitted if the Metropolitan Area Planning Commission and/or city council determine the uses to be of the same general character as the permitted uses set forth in subsection (b) of this section.

(Zoning Ord., § 14.20.04.5; Ord. No. 07-13, § 1, 5-1-2007)

(a)

Design standards for area, lot coverage, density, yard requirements, parking, landscaping and screening for a proposed PD district shall be established in the PD preliminary development plan by the Metropolitan Area Planning Commission and city council.

(b)

Exceptions and variations from the standards provided by the base zoning districts of this section (e.g., RS-1, RS-2, C-1, etc.) may, and should be granted by the Metropolitan Area Planning Commission and the city council when it is determined that due to certain design elements, natural features and public amenities, the exceptions are warranted.

(c)

Standards for public infrastructure improvements shall be governed by the applicable regulations of the agency with jurisdiction that is charged with the responsibility for review and approval.

(Zoning Ord., § 14.20.04.6; Ord. No. 07-13, § 1, 5-1-2007)

There shall be reserved, within the tract to be developed, a minimum percentage of land area of the entire tract for use as common open space. The Metropolitan Area Planning Commission and city council may require additional common open space as warranted by the individual development plan. This minimum percentage of land shall be as follows:

Planned Development Common Open Space Requirements

(1)

Required common open space shall not consist of isolated or fragmented pieces of land that will serve no useful purpose or which will present maintenance difficulties if maintenance is required.

(2)

Required common open space may include pedestrian walkways, parkland, open areas, bridle paths, drainageways and detention basins, swimming pools, clubhouses, tennis courts, golf courses, parking areas for any of these, and other lands of essentially open or undisturbed or improved character, exclusive of off-street parking areas and street rights-of-way.

(3)

Ownership of common open space.

a.

Ownership of common open space in a PD-R and PD-RM shall be transferred by the developer to a legally established homeowner's association, or if accepted, to the city council, or other public or quasi-public agency.

b.

Common open space that includes a clubhouse, golf course or other recreational facilities may remain in private ownership, subject to size and special conditions applied by the Metropolitan Area Planning Commission and city council.

c.

Common open space in a PD-C, PD-I, or PD-M may also be dedicated to the city or other public or quasi-public agency pursuant to the requirements of this section or remain in private ownership, provided that a public easement, as determined necessary by the Metropolitan Area Planning Commission and city council, is granted and officially recorded on the plat.

(Zoning Ord., § 14.20.04.7; Ord. No. 07-13, § 1, 5-1-2007)

(a)

Planned development district review establishes the development review procedure for a planned development district which will result in a zoning map amendment. Therefore, in addition to all of the specific review procedures and provisions of section 117-34, all proposed PD districts are also subject to the approval criteria set forth in section 117-34(2)e.

(b)

The preliminary development plan shall be submitted at the time a zoning map amendment is requested from the original zoning district to the new planned development district.

(Zoning Ord., § 14.20.04.8; Ord. No. 07-13, § 1, 5-1-2007)

(a)

Planned developments may be initiated by the property owner or an agent of the property owner.

(b)

In cases where there are multiple property owners involved in the planned development, the application shall include a consent to rezone letter from all property owners. Additionally, there shall be a single contact or agent for the property owners who will be responsible for contact with the city.

(Zoning Ord., § 14.20.04.9; Ord. No. 07-13, § 1, 5-1-2007)

(a)

Preapplication conference.

(1)

The applicant shall meet with the city planning department to discuss the initial concepts of the planned development and general compliance with applicable provisions of this division prior to the submission of the application.

(2)

During this time, an applicant may also request a preliminary, informal meeting with the Metropolitan Area Planning Commission to discuss the initial concepts.

(3)

Discussions that occur during a preapplication conference or a preliminary meeting with staff or the Metropolitan Area Planning Commission are not binding on the city and do not constitute official assurances or representations by the city its officials regarding any aspects of the plan or application discussed.

(b)

Application.

(1)

After the preapplication conference with the city planning department, the applicant may submit an application for a zoning map amendment to the city zoning office.

(2)

The application shall include all such forms, maps, and information, as may be prescribed for that purpose by the Metropolitan Area Planning Commission to assure the fullest practicable presentation of the facts for the permanent record. A list of minimum requirements may be adopted by the city council.

(3)

Each such application shall be signed by at least one of the owners or the owner's authorized agent, of the property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications.

(4)

Any person desiring a change in the zoning classification of property shall file with the application for such change a statement giving the names and addresses of the owners of all properties lying within 200 feet of any part of the property the zoning classification of which is proposed to be changed.

(5)

All applications shall be submitted with the required fees as established in the city fee schedule.

(6)

The applicant shall submit the preliminary development plan simultaneously with the application for a zoning map amendment.

(c)

Submission of the preliminary development plan.

(1)

The preliminary development plan submission shall be in a form and in quantities as prescribed by the Metropolitan Area Planning Commission. A list of minimum submittal requirements may be adopted by the city council.

(2)

Preliminary development plans should generally include the following:

a.

Approximate areas and arrangement of the proposed uses and the relationship of abutting land uses and zone districts;

b.

The proposed general location of vehicular circulation;

c.

The proposed treatment of existing topography, drainageways and tree cover;

d.

The location of schools, parks, community amenities or facilities, if any;

e.

Anticipated time schedule of projected development, if the total landholding is to be developed in stages, or if construction is to extend beyond a two-year timeperiod;

f.

In the case of a PD-R, PD-RM district, the preliminary development plan shall also include the proposed type of unit, density level, and proposed area setbacks of each residential area, and the type, general location and approximate acreage of the common open space. All other miscellaneous and accessory uses shall also be included;

g.

In the case of a PD-C, PD-I, or PD-M, the preliminary development plan shall identify the principal and accessory types of uses that are to be included in the proposed development, including their approximate location, size, and intensity. The proposed type, general location and approximate acreage of common open space shall also be included; and

h.

Any other information required by the Metropolitan Area Planning Commission.

(3)

Within 25 days after the application and submission of the preliminary development plan, the planning administrator shall transmit a copy thereto to the Metropolitan Area Planning Commission.

(4)

The Metropolitan Area Planning Commission shall recommend the approval, approval with modifications, or denial of the proposed map amendment and preliminary development plan, and shall submit such recommendation to the city council.

(5)

Such recommendation shall be considered at the public hearing held by the city council on such proposed amendment and preliminary development plan.

(d)

Public hearing with the Metropolitan Area Planning Commission.

(1)

Upon the filing of an application and preliminary development plan for an PD district amendment, the Metropolitan Area Planning Commission shall set a date for a public hearing regarding the proposed amendment and preliminary development plan.

(2)

The public hearing shall not be less than 20 or more than 40 days after the date the application was submitted.

(3)

Notification shall be given in accordance with Arkansas State Code requirements for advertisement.

(e)

Recommendation by the Metropolitan Area Planning Commission. Within 30 days after the Metropolitan Area Planning Commission's public hearing, the Metropolitan Area Planning Commission shall recommend the approval, approval with modifications, or denial of the proposed amendment and preliminary development plan, and submit such recommendation together with such application, preliminary development plan, to the city council.

(f)

Public hearing with the city council.

(1)

Upon receipt of the recommendation from the Metropolitan Area Planning Commission, the city council shall set a time for a public hearing on such proposed amendment and preliminary development plan.

(2)

The date of the public hearing shall not be more than 30 days after the date of the receipt of such recommendation from the Metropolitan Area Planning Commission.

(3)

Notification shall be given in accordance with Arkansas State Code.

(g)

Decision on map amendment and preliminary development plan.

(1)

Within 20 days after its public hearing, the city council shall either adopt or deny the recommendations of the Metropolitan Area Planning Commission, or adopt some modification thereof. In the event the city council denies or modifies the recommendation of the Metropolitan Area Planning Commission, the simple majority of the members present vote of the city council shall be required.

(2)

If the amendment is denied, the applicant may appeal the decision to the circuit court system.

(3)

Approval of the preliminary development plan shall include density, intensities, land uses and their interrelationship, design standards, and building location. Location of buildings, if applicable, and uses may be altered slightly due to engineering feasibility which is to be determined in the subsequent preparation of the detailed final development plans.

(4)

The decision by the city council is subject to appeal by means of the court system. After approval of the PD district map amendment and preliminary development plan, the official zoning map shall be changed to reflect this amendment.

(h)

Submission of a final development plan.

(1)

Once the PD district and preliminary development plan has been approved by the city council, the applicant shall proceed with the preparation of the detailed final development plan in whole or in phases.

(2)

The final development plan submission shall be in a form and in quantities as prescribed by the Metropolitan Area Planning Commission. A list of minimum submittal requirements may be adopted by the city council.

(3)

The detailed final development plan shall be consistent with the contents of the approved preliminary development plan, and be prepared by a professional urban planner, engineer, architect or landscape architect.

(4)

A final development plan shall include all necessary legal documentation relating to the incorporation of a homeowner's association for the purpose of maintaining the specified common open space within all residential planned developments.

(i)

Public meeting with the Metropolitan Area Planning Commission.

(1)

The city planning department shall study the final development plan and confer with other agencies having jurisdiction as appropriate in the case, to determine general acceptability of the proposal submitted. Staff shall submit written recommendations to the Metropolitan Area Planning Commission and the applicant prior to the public meeting held by the Metropolitan Area Planning Commission.

(2)

Upon receipt of the detailed final development plan and recommendations of staff, the Metropolitan Area Planning Commission shall, at a public meeting of the Metropolitan Area Planning Commission, study and review the detailed final development plan on the basis that all requirements have been satisfied, and the conditions specified in section 117-34 have been met.

(j)

Decision by the Metropolitan Area Planning Commission.

(1)

Within 30 days of the Metropolitan Area Planning Commission's public meeting, the Metropolitan Area Planning Commission shall decide to approve, approve with modifications or deny the final development plan.

(2)

If the final development plan is denied, the applicant may appeal the decision to the city council.

(Zoning Ord., § 14.20.04.10; Ord. No. 07-13, § 1, 5-1-2007)

(a)

Preliminary development plan. The following criteria shall serve as conditions that should generally be satisfied before the approval of the preliminary development plan:

(1)

The PD district and preliminary development plan is consistent with the adopted city land use plan and comprehensive plan;

(2)

The proposed uses will have a beneficial effect on the community;

(3)

The internal streets and primary and secondary roads that are proposed properly interconnect with the surrounding existing road network. All streets will be public unless a waiver is granted by the Jonesboro City Council;

(4)

The site will be accessible from public roads that are generally adequate to carry the traffic that will be imposed upon them by the proposed development and the streets and driveways on the site will be adequate to serve the residents or occupants of the proposed development;

(5)

The minimum common open space areas have been designated and shall be duly transferred to a legally established homeowners association, where applicable, or have been dedicated to city or another public or quasi-public agency as provided in section 117-171.

(6)

The preliminary development plan is consistent with the intent and purpose of this division.

(7)

The preliminary development plan has been transmitted to all other agencies and departments charged with responsibility of review.

(b)

Final development plan. The following criteria shall serve as conditions that should generally be satisfied before the approval of the final development plan:

(1)

Appropriate arrangements with the applicant have been made to ensure the accomplishment of the public improvements and reservation of common open space as indicated on the preliminary development plan and final development plan. If deemed necessary by the MAPC or city council during the preliminary development plan process, this assurance may require that the MAPC or city council hold a performance bond to ensure the successful and proper completion of all public improvements.

(2)

The proposed detailed final development plan for the individual sections of the overall PD district is consistent in contents, building location, as applicable, land uses, densities and intensities, yard requirements, and area and frontage requirements, with the approved preliminary development plan, the city land use plan, and the comprehensive plan.

(3)

Each individual phase of the development can exist as an independent unit that is capable of creating an environment of sustained desirability and stability, or that adequate assurance will be provided that such objective can be obtained.

(4)

That any part of the planned development not used for structures, parking and loading areas, or streets, shall be landscaped or otherwise improved; or if approved by the planning commission, left in its natural state.

(5)

That any exception from the design standards provided in the PD district is warranted by the design and amenities incorporated in the detailed final development plan.

(6)

That the internal streets and thoroughfares proposed are suitable and adequate to accommodate the anticipated traffic within and through the development.

(7)

That the detailed final development plan is consistent with the intent and purpose of this chapter.

(8)

The final development plan has been transmitted to all other agencies and departments charged with responsibility of review.

(Zoning Ord., § 14.20.04.11; Ord. No. 07-13, § 1, 5-1-2007; Ord. No. 18:043, § 2, 8-21-2018)

(a)

The final development plan shall be submitted within two years after approval of the preliminary development plan, or the approval of the preliminary development plan will expire and the plan will be deemed null and void.

(b)

Upon expiration of the preliminary development plan, the property shall still be zoned as a planned development with a voided preliminary development plan. The property owner or authorized agent may submit an application and new preliminary development plan for consideration pursuant to section 117-174 or an application for a zoning map amendment.

(c)

Upon the expiration of the preliminary development plan, the city council or the Metropolitan Area Planning Commission may initiate a zoning map amendment.

(d)

If the applicant has not received building permits within two-year of the approval of the final development plan, the final development plan shall be deemed null and void. Upon expiration of the final development plan, the applicant shall have one-year to reapply for a final development plan in accordance with the section or the preliminary development plan will be deemed null and void in accordance with subsection (a) of this section.

(e)

The Metropolitan Area Planning Commission may authorize an extension of these time limits if good cause is shown for the delay of the final development plan submission.

(f)

For phased developments, the Metropolitan Area Planning Commission and city council may approve a phased final development plan schedule as part of the preliminary development plan approval. In such case, the approved time frames shall establish when the approved preliminary plan shall expire.

(Zoning Ord., § 14.20.04.12; Ord. No. 07-13, § 1, 5-1-2007)

(a)

The approved final development plan shall be kept on record in the city planning department together with all resolutions, applications, plats, plans, and other information regarding the development.

(b)

The resolutions prepared by the Metropolitan Area Planning Commission and city council serve as the official record for the permitted uses and activities which are approved for the planned development landholding.

(c)

The use of the planned development landholding or the location, erection, construction, reconstruction, enlargement, or change of any building or structure in a manner which is not consistent with the final development plan shall be considered a violation of this division and subject to the procedures and penalties specified in section 117-3.

(Zoning Ord., § 14.20.04.1; Ord. No. 07-13, § 1, 5-1-2007)

No zoning certificate shall be issued for any property in a PD district and no construction, except preliminary excavation, shall begin until a valid final development plan is in effect for that phase or property. The final development plan becomes valid upon approval by the Metropolitan Area Planning Commission.

(Zoning Ord., § 14.20.04.14; Ord. No. 07-13, § 1, 5-1-2007)

(a)

If an applicant proposes to modify an approved preliminary development plan or final development plan, the applicant shall submit the proposed modifications to the planning and zoning administrator for transmittal to the appropriate authority.

(b)

The proposed modifications shall be classified as a minor or major modification based on the following:

(1)

Minor modifications. Minor modifications shall include changes that do not involve:

a.

Major changes to the approved plan including, but not limited to, a change of use or density to a more intense use or density than permitted by the district or changes to the location or amount of land designated for a specific land use or open space;

b.

A change of the permitted uses to a use not otherwise permitted in the proposed planned development district;

c.

Any change that will impact on-site or off-site infrastructure; or

d.

An expansion of a building footprint that affects the specified setbacks of the approved plan.

(2)

Major modifications. Major modifications shall include:

a.

An increase in density or intensity;

b.

Changes to the property or project boundaries of the entire PD district;

c.

Modifications in the internal street and thoroughfare locations or alignments which significantly impact traffic patterns or safety considerations; or

d.

Anything not classified as a minor modification by subsection (b)(1) of this section.

(c)

Review of minor modifications.

(1)

The Metropolitan Area Planning Commission shall be responsible for reviewing and making a decision on minor modifications to an approved preliminary development plan or final development plan.

(2)

Such review and decision shall take place at a public meeting of the Metropolitan Area Planning Commission and shall not require any additional notice beyond what is required by the Arkansas State Code for public meetings.

(3)

The decision of the Metropolitan Area Planning Commission on minor modifications shall be deemed administrative and may be appealed to the city council.

(d)

Review of major modifications. Major modifications to an approved preliminary development plan or final development plans shall require a public hearing with the Metropolitan Area Planning Commission and city council pursuant to the review procedure of this section.

(Zoning Ord., § 14.20.04.15; Ord. No. 07-13, § 1, 5-1-2007)