The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Where words have not been defined, the standard dictionary definition shall prevail. In any case, the planning commission shall have the right to interpret the definition of the word.

Abattoir or slaughterhouse means a facility for the killing and butchering of animals for their meat and various by-products. This use may be entirely enclosed or may have open holding pens or other outside activity.

Abutting means having property or district lines in common. Since zoning district lines fall to the centerline of a street, alley or waterway, and for purposes of notifying abutting property owners in the case of a proposed zoning change, lots which appear physically separated abut at the street centerline.

Access means the way or means by which a piece of property is approached or entered.

Accessory building or use means a building or use which:

(1)

Is subordinate to and serves a principal building or principal use;

(2)

Is subordinate in area, extent or purpose to the principal building or principal use served;

(3)

Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use; and

(4)

Is located on the same zoning lot as the principal building or principal use.

Addition means any construction which increases the size of a building such as a porch, attached garage or carport, or a new room or wing.

Adult day care center means a facility licensed by the State of Arkansas and operating for the purpose of the provision of care for elderly and/or functionally impaired adults in a protective setting for a portion of a 24-hour day. No such facility may be in continuous operation for more than 15 hours or provide overnight care for any individual(s). Actual hours of operation shall be determined on a case-by-case basis in connection with the application for a conditional use permit.

Agriculture. Farms and general farming, including horticulture, floriculture, dairying, livestock and poultry raising, farm forestry and other similar enterprises or uses, but no farms shall be operated as piggeries, or for the disposal of garbage, sewage, rubbish, offal or rendering plants or for the slaughtering of animals, except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto and for the use and consumption of persons residing on the premises

Agricultural commercial. Farms and general farming, including but not limited to:

Agricultural services

Apiary

Farming; all legal plants/animals excluding pigs

Fishery

Forestry; growing, harvesting, or preserving trees, and/or forest products

Greenhouse

Nursery (plants)

Public stable

Retail sale of farm products raised on premises

Truck garden

Wholesaling or warehousing of farm products and/or byproducts.

Agriculture limited. General farming undertaken in conjunction with a residence but with limited potential for commercial use. This includes but is not limited to:

Arboretum or botanical garden

Greenhouse: Private, no products sold on premises

Garden: No products sold on premises

Alley means a permanent public service way which affords only a secondary means of access to abutting property.

Animal boarding/kennel or veterinary clinic means a public or private facility that may include outside runs for enclosure of animals, especially stray or unlicensed pets, or for pets being boarded for short periods of time, and; a facility where animals are treated by a veterinarian.

Animal shelter. Animal shelters are either governmental or private organizations that provide temporary homes for stray, surrendered, or abandoned pet animals. The animal is kept at the shelter until it is reclaimed by the owner, adopted to a new owner, placed with another organization, or euthanized.

Antique shop means an establishment offering for sale articles such as glass, china, furniture or similar furnishings or decorations that have value and significance as a result of age, design consignment.

Apartment means the same as "Dwelling, multiple."

Arsenal means a facility for the manufacture or storage of arms and military equipment.

Assisted living facility means a facility licensed by the state which provides persons with 24-hour a day substitute care, food, lodging, training, education supervision, habilitation, rehabilitation, and may include skilled nursing/medical treatment. This facility provides residents with a program of assisted living services to deal with activities and instrumental activities of daily living.

Authorized agent means a person authorized by the landowner to act in his behalf.

Automated teller machine ("ATM") means an automated device that performs banking or financial functions at a location either remote from the controlling financial institution or at or as an accessory use within the building footprint of the controlling financial institution.

Automobile filling station means a facility primarily for the retail sale of fuels for automobiles and light trucks. Accessory sales of convenience items may be included; however, installation of auto parts, accessories or repairs is prohibited. A coin-operated car wash is an acceptable accessory use.

Automobile service center may include the activities of an automobile filling station, and in addition may include the sale and/or installation of tires, brakes, mufflers, tuneups, oil change, lubrication or any combination of the above, and may also include a car wash. Major repair or bodywork is prohibited. In addition, outdoor storage of customer vehicles is permitted only during normal business hours of the service center.

Automotive new and used sales or service means a facility for display, service and sale of new or used automobiles, motorcycles, recreational vehicles and trailers.

Automotive parts and supply store means a facility having auto parts, accessories and tools for sale.

Automotive repair garages and body shops means a facility for automotive repair, including tire mounting and other periodic parts maintenance, engine rebuilding and other major repair work, and restoring auto bodies, painting or refinishing.

Auto, truck and trailer rental lot means a facility to store automobiles, trucks, and trailers for the purposes of renting to the public.

Bakery or confectionary shop (retail) means a place for baking or selling baked goods, or a place for preparing, cooking, making or selling candy or other sweets.

Bank or savings and loan means a facility which has as its primary purpose the custody, loan, exchange or issue of money, the extension of credit and the transmission of funds, including drive-in facilities and automatic teller machines.

Barber or beauty shop means a facility licensed by the state where hair cutting, hair dressing, shaving, trimming beards, facials, manicures or related services are performed.

Basement means that portion of a building below the first floor joists, that may be enclosed for occupancy, with at least half the ceiling height below the mean level of the ground on which the building sits.

Blast furnace means a furnace in which combustion is forced by a current of air under pressure especially use for the reduction of iron ore.

Boiler works means a facility used for the manufacturing of boiler devices.

Book, newspaper or magazine store means a facility for the sale of books, newspapers, magazines and associated items; not involving wholesale distribution.

Broadcasting or recording studio means a facility for broadcasting live or prerecorded programs by radio or television, or recording of records, tapes, videotapes or other recording media. Such facility may perform activities necessary for recording, programming and receiving of radio or television signals. Such facility shall not engage in mass production.

Buffer means a strip of land established to protect one type of land use from another with which it is compatible. A buffer strip is landscaped and kept in open space. The term buffer zone may be used more broadly to describe any zone that separates two unlike zones such as a multifamily zone between a single-family zone and a commercial zone.

Buildable area means the space remaining for construction on a lot after the minimum area requirements (yards, setbacks, coverage) have been met.

Building means the same as "Structure."

Building, attached, means a building which shares a continuous wall, roof, floor or other structural element with another adjacent building.

Building, detached, means a building having no wall, roof, floor or other structural element in common with another building.

Building facade means the area of a single building elevation which encompasses all of such elevation from ground or grade level to the top, and from one side to the other side of the building.

Building footprint means the area of a lot or site included within the surrounding exterior walls of a building, exclusive of courtyards, inclusive of abutting sidewalks/pedestrian circulation systems. In the absence of surrounding walls, the building footprint shall be the area under the horizontal protection of the roof.

Building height means the vertical distance from the highest point of the existing natural grade, measured from the center point of the front building line, to the highest finished roof surface in the case of flat roofs, or to a point at the average height of the highest roof having a roof pitch. In the case of flat roofs with parapets, the parapet shall be counted as the finished roof surface if it is over four feet in height above the actual finished roof surface.

Building line means a line, usually fixed parallel to a lot line, beyond which a building cannot extend under the terms of this chapter. It is equivalent to the yard line.

Building, nonconforming, means an existing building which fails to comply with the regulations (for height, size, area yards and location) set forth in this chapter applicable to the district in which this building is located.

Building, principal, means a building in which is conducted the main or principal use of the lot on which the building is situated.

Building supply store means a facility for the sale of materials and hardware to be used for the construction, renovation, remodeling or other alteration of primary or accessory buildings.

Car wash means a facility for washing or steam cleaning motor vehicles (including a self-service operation), operating either as a separate facility or when installed and operated in conjunction with another use, and which installation includes equipment customarily associated with a car wash and which is installed solely for the purpose of washing and cleaning motor vehicles.

Cemetery or mausoleum means a place or ground designated for burial of the dead. A mausoleum is a building with places for entombment of the dead.

Certificate of occupancy means official certification that premises conform to provisions of the zoning regulations (and building code) and may be used or occupied. Such a certificate is granted for new construction or for alteration or additions to existing structures. Unless a certificate is issued, a structure cannot be occupied.

Church means a place of worship and religious training and including accessory housing facilities such as a rectory.

Clinic (medical, dental, optical) means a facility for examining, consulting with and treating patients, including offices, laboratories and outpatient facilities but not including hospital beds for overnight care or treatment.

Commission means the city planning commission.

Common usable open space means that portion of land or an area of water or a combination of land and water within the site designated for a planned unit development and designed and intended for use and enjoyment of residents and owners of the planned unit development, and easily accessible to all the residents. Common usable open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners of the planned unit development, but shall not include parking lots, streets and other areas designed primarily for other than common recreational or open space use.

Conditional use means uses permitted in zones where they are specifically listed as conditional uses and are subject to special conditions as determined by the planning commission.

Construction area means an area delineated for work on a structure, driveway, street, other paved surface, or other similar improvements.

Contract sorting, grading, and packing fruits and vegetables for grower means a facility for the packaging of farm products, grown on premises.

Contractor office and equipment yard means a facility that provides an office and an open yard for the storage of a contractor's supplies and equipment, but not constituting a junk or salvage yard.

Convenience kiosk means a stand alone retail establishment with a maximum of 1,000 square feet of gross floor area that may have drive-through facilities and offers for sale prepackaged food or beverages for off-site consumption and may offer for sale automotive fuel, but offers no automotive repair. Other prepackaged goods, newspapers, magazines, household items and automotive cleaning supplies, oils, waxes, windshield fluid and wiper blades may also be sold. A convenience kiosk which offers automotive fuel for sale shall also be considered an automotive service station and shall be required to meet the requirements for that use. This definition does not include fully-automated carwash facilities.

Convenience store means a retail store generally containing less than 7,000 square feet of gross floor area that is designed and stocked to sell primarily high-convenience items and food basics that people commonly use and need quickly, such as toilet paper, soft drinks and snack foods, as well as microwavable and prepared foods, and may which also sell gasoline.

Corner lot means a lot located at the intersection of two streets.

Country club, golf course, swimming pool or other private recreational uses associated with a social country club or subdivision association. An area of ten acres or more containing a golf course and a clubhouse only to the membership. Such a club may contain as adjacent facilities a private club and dining room, swimming pool, tennis courts and similar service and recreation facilities.

Cultivation facility means an entity that (1) has been licensed by the Medical Marijuana Commission under § 8 of Amendment 98 of the Arkansas Constitution, and (2) cultivates, prepares, manufactures, processes, packages, sells to and delivers usable marijuana to a dispensary.

Dairy products store means a facility that sells milk and milk products.

Day care center means any facility conducted under public or private auspices on a profit or nonprofit basis providing a planned child development program or giving direct care and protection for children which requires licensing by the state except as a licensed day care family home.

Delicatessen means a facility that sells delicatessens, ready to eat food products.

Department store means a facility that sells a wide variety of goods and arranged in several departments.

Dispensary means an entity that has been licensed by the Medical Marijuana Commission under § 8 of Amendment 98 of the Arkansas Constitution.

Distillation means the process that consists of driving gas or vapor from liquids or solids by heating and condensing to liquid products and that is used especially for purification, fractionation, or the formation of new substances.

District means the same as "Zoning district".

Disturbed area means a surface area altered as a result of clearing, grading, filling, and/or excavation.

Drugstore or pharmacy means a facility for preparing, preserving, compounding and dispensing drugs and medicines; and may include the display and sale of other merchandise such as cosmetics, notions, fountain service and similar items.

Dry-cleaning and laundry drop-off and pick-up service shop means a facility for the collection and return of domestic laundry items. This use is to be totally enclosed.

Dump or sanitary landfill means a site for the accumulation of refuse or other discarded materials, not to include a transfer station for refuse. However, this use shall not be construed to be a junk or salvage yard which is maintained, used or operated for storing, keeping, dismantling, salvaging, buying or selling of inoperable, wrecked, scrapped, ruined or discarded automobiles, automobile parts, machinery or appliances.

Dwelling and dwelling unit mean any room or group of rooms located within a structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family.

Dwelling, attached, means adjoining dwelling units, each of which is separated from the others by one or more unpierced common wall extending from ground to roof.

Dwelling, four-family (fourplex), means a building designed to be occupied by not more than four families in separate dwelling units, living independent of each other.

Dwelling, multiple-family, means attached dwellings designed for or occupied by more than three families.

Dwelling, single-family detached, means a freestanding dwelling designed for and occupied by not more than one family. The following types of structures may be construed to be single-family detached dwellings:

(1)

Manufactured home.

(2)

Prefabricated home.

(3)

Stick-built, conventional home.

Dwelling, three-family (triplex), means a building designed to be occupied by not more than three families in separate dwelling units, living independent of each other.

Dwelling, two-family (duplex), means a building designed for and occupied by not more than two families in separate dwelling units, living independent of each other.

Easement means a right-of-way or parcel of land specified or set aside for a specific use, normally used for access, utilities and other public or private usages given by the owner of land to another party.

Eaves means the weather protective overhanging lower edge of a roof.

Education facility means an educational institution operated under the auspices of a public school board, or nonprofit, private, or parochial agencies that provide elementary or secondary education. A college or academic institution of higher learning either public or private beyond the level of public, parochial, elementary, or secondary schools. A seminary or institution for the training of candidates for the priesthood, ministry or rabbinate.

Electronic, computers, video tape shops means a facility that sells televisions, stereos, VCRs, and other electronic type components, computers and videos.

Enforcement officer means a person employed by the city designated to review site plans, interpret the zoning map, issue building permits, issue certificates of occupancy, perform zoning and building related inspections, and other duties as may be specified by the mayor.

Event center means a facility or building or portions of a building in which space is provided for civic, educational, political, religious, temporary commercial or social purposes.

Family means in addition to customary domestic servants:

(1)

An individual or two or more persons related by blood, marriage or adoption, maintaining a common household in a dwelling unit;

(2)

A group of not more than four persons who are not related by blood, marriage or adoption, living together as a common household in a dwelling unit; or

(3)

A group of not more than eight unrelated individuals with disabilities, developmental disabilities, mental illness, or intellectual disabilities, or any combination thereof, which may include two additional persons acting as house parents or guardians. The persons acting as house parents or guardians need not be related to each other or to any of the individuals in the group.

Farm implements sales and service means a facility that sells and services implements and equipment used primarily for agricultural purposes.

Fat rending, grease, lard or tallow manufacturing or processing means a facility to melt down, extract by melting, or to convert fat into industrial fats and oils or fertilizer.

Fence means a manmade barrier constructed to provide privacy or visual separation between one ownership and another.

Fertilizer mixing plant means a facility used for the mixing of fertilizers.

Fire stations means a facility housing fire apparatus and firefighters

Florist shop means a facility for the retail sale of cut or uncut flowers and ornamental plants and accessory items. Enclosure of use required.

Flood hazard boundary map (FHBM) means an official map of the city, issued by the Federal Emergency Management Agency, where the areas within the boundaries of special flood hazards have been designated as zone A.

Flood insurance rate map (FIRM) means an official map of the city, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the city.

Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, the water surface elevation of the base flood, as well as the flood hazard boundary/floodway map.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floor area means the total area of all floors of a building measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts, attached garages, porches and balconies.

Forestry means growing, harvesting, or preserving trees and/or forest products.

Foundry, smelting, or forge plant means a facility for the melting, smelting, molding or otherwise processing or manufacturing of metallic minerals.

Fruit, vegetable, market produce, or grocery store means an establishment where foods and associated items are kept and displayed for retail sales.

Funeral home or mortuary means a facility in which deceased bodies are prepared for burial and kept until burial, and in which funeral services may be conducted. A crematorium may be part of the services included within a full-service funeral home operation.

Furniture store means a retail facility for displaying and selling new furniture, and may also include appliances such as radios, televisions, stereos, refrigerators, stoves and lawn furniture.

Garden means no product sold on premises; private growing of legal products for consumption by private owner and family.

Garden apartments means the combination of row houses or townhouse with walkup flats. The name and definition implies low land coverage and ample open space between buildings.

Gift shop means a facility that sells items associated with gifts.

Government facilities means any facility use for the purposes of government.

Government offices means a facility that houses the body of persons that constitutes the governing authority of a political unity or organization.

Grading means the act of excavating, filling, stripping, cutting or stockpiling of vegetation, earth, or other fill materials on a property, or any combination thereof.

Greenhouse means a commercial or private greenhouse for growing of products, commercial for sale on premise of products; private no sale of products on premises.

Gristmill, grain elevator, or feed mill means a facility for the storage or mixing or grinding of grains or other prepared foods to be used for pets, livestock or fowl.

Gross acreage means the total acreage of the proposed development including areas designated for internal streets and other public facilities.

Gross leasable area means the revenue-producing portion of a structure.

Handicraft means handcrafted products that are made in the home of the vendor or vendor's family and may include canned products but no other prepared foods.

Hardware store means a retail facility for retail selling of cutlery, tools, utensils, screws, nails, appliances, fixtures, building materials, and other similar items or equipment.

Health education facility means a facility operating to promote physical fitness and education by offering training in academic and/or recreational pursuits, including but not limited to, individual or team sports, physical activities, art, cooking or tutoring.

Health facility means a facility, including a regularly licensed hospital, where treatment or manipulation is practiced upon the human body by a person licensed by the State of Arkansas as required by Subtitle 3, Medical Professions of Title 17 of the Arkansas Code; a facility operating to promote physical fitness or weight control; a facility for testing and analyzing problems of general health or which performs a scientific test, analysis or experimental study.

Helistop means a facility for a helicopter to land and takeoff from.

Home occupation means an accessory use of a dwelling that shall constitute either partially or entirely the livelihood of a person living in the dwelling. Such use shall in every respect be subordinate to the principal use as a single-family residence. These accessory uses shall be subject to accessory use permit provisions.

Horticulture or nursery products store means a facility for the planting and raising of flowers and ornamental plants that may be intended for transport to off-site locations for retail sales or a for the sale and rental of plants and other landscape or gardening supplies and the equipment used in the installation or maintenance thereof. Enclosure of use shall not be required.

Hospital means a facility which is licensed by the state where sick or injured patients are given medical or surgical treatment intended to restore them to a healthy and active life or where persons suffering from generally permanent types of injury, illness, deformity or age are given care and treatment on a prolonged or permanent basis.

Hotel or motel means a temporary abiding place containing six or more guest rooms or units furnishing customary hotel services such as linen, maid service, service and the use of, and upkeep of furniture.

Household appliance store means a facility for the sales and repair of household and home equipment, such as electric appliances, lawn mowers, tools and similar items.

Household equipment and machinery sales and service means a facility for selling, repairing and servicing of household equipment and machinery.

Ice vending machine means a freestanding building or modular unit that produces, stores, bags and or vends ice to the consumer in an automated fashion. An ice vending machine is considered a separate use and may not be utilized as an accessory structure.

Incinerator means a furnace or a container for incinerating (burn to ashes) waste materials.

Indoor amusement and recreation establishment means an establishment that provides games, entertainment, or recreation activities in an enclosed environment for a fee or admission charge. Accessory uses may include the preparation or serving of food or the sale of merchandise related to the other use of the property.

Jewelry store means a facility that retails watches, rings, bracelets, necklaces and similar items.

Junk or salvage yard means any establishment maintained, used or operated for the storing, keeping, dismantling, salvaging, buying or selling of: scraps or discarded pieces of metal, paper, rags, tires, bottles and other materials; inoperable, wrecked, scrapped, ruined or discarded automobiles, automobile parts, machinery or appliances. A junk or salvage yard shall not include premises on which such uses are conducted entirely within a completely enclosed building, nor shall a junk or salvage yard include premises used primarily for the sale or storage of operable automobiles or for the overhaul or full repair thereof, so long as no inoperable junk or wrecked automobile remains outside more than 30 days. Any premises on which there remains outside more than 30 days an inoperable, partially dismantled, wrecked or junked automobile shall be deemed for the purpose of this chapter, a junk or salvage yard.

Laboratory means a facility for testing and analyzing problems of general health or which performs a scientific test, analysis or experimental study.

Laundromat means a coin-operated facility designed for use by the general population for the cleaning and/or dry cleaning of domestic laundry items.

Laundry and dry-cleaning plant means a facility for the cleaning and/or dry cleaning of domestic laundry items. These items are but not limited to personal clothing, towels and linens.

Liquor store means a facility for the sale of beer, wine or liquor not for on-premises consumption.

Loading space (off-street) means an unobstructed, hard-surface area no part of which is located in any street or public right-of-way and the principal use of which is for the standing, loading or unloading of trucks and trailers.

Lot means a parcel of land legally defined in a recorded deed or a recorded plat, fronting on a public dedicated right-of-way or other approved private drive. The lot shall establish one building site and comply with the subdivision rules and regulations in effect for the city.

Lot area means the total horizontal area included within legally defined lines enclosing the lot.

Lot coverage means the percentage of lot area occupied by the principal and accessory buildings on such lot.

Lot depth means the mean horizontal distance between the front lot line and the rear lot line.

Lot, double-frontage, means a lot having frontage on two nonintersecting streets.

Lot, interior, means a lot other than a corner lot.

Lot line, front, means the property boundary line that runs common with and adjacent to any street frontage or right-of-way separating the lot from such street; in the case of a double-frontage lot or a corner lot, each line separating such lot from the street shall be considered a front lot line.

Lot line, rear, means that property boundary line which is generally parallel to and most distant from the front lot line of the lot.

Lot line, side, means a lot line other than a front or rear lot line.

Lot lines means the property boundary lines.

Lot of record means a parcel of land that is a lot in a subdivision recorded on the records of the county recorder's office, or that is described by a metes and bounds description which has been so recorded prior to the subdivision regulations in effect, or lots exempt from those regulations.

Lot width means the mean horizontal distance between the side lot lines of a lot measured at right angles to the depth; measurements shall be made at the front building line.

Manufactured home means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards (see 24 CFR 3280 for legal definition).

Marine supply and equipment means a facility that sells supply and equipment for boats and watercraft.

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

Museum, gallery, library, or similar public use means an establishment for the loan or display of books, or objects of art or science which is sponsored by a public or quasi-public agency and which institution is open and available to the general public.

Nonconforming building or structure means any building or structure lawfully existing on the effective date of this chapter, as amended, which does not comply with all of the regulations of this chapter for governing parking or bulk and area requirements for the zoning district in which such building or structure is located; however, any building containing more than one dwelling unit in addition to the number permitted by the district regulations in the district where it is located shall be deemed to be a nonconforming use rather than a nonconforming building.

Nonconforming use means any use lawfully being made of any land, building or structure, on the effective date of the ordinance from which this chapter is derived, as amended, which does not comply with all the regulations of this chapter governing use for the zoning district in which such land, building or structure is located.

Nursing home or convalescent home means a facility providing care and minor treatment under the direction of a physician licensed by the state or a facility providing services to patients for the purpose of achieving rapid recovery, may furnish basic provisions of food and laundry.

Office or professional services building means a place for the regular transaction of business or professional services, but not to include the occupation by retail sales, transfer of manufactured goods or storage of commodities.

Off-site means a circumstance whereby a tract of land is physically separated from another by the intervention of a public street, alley or an unrelated ownership.

Opaque, as applied to a fence or screen required in this chapter, means a fence or screen that blocks vision to make things on the opposite side from the viewer indiscernible to the extent of obstruction by the fence or screen.

Open space means an area that is intended to provide light and air, and is designed, depending upon the particular situation, for environmental, scenic or recreational purposes. Open space may include, but need not be limited to, lawns, decorative plantings, bikeways, walkways, outdoor active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, greenways and water courses. The computation of open space shall not include driveways, parking lots or other surfaces designed or intended for motorized vehicular traffic.

Open space, common means open space within or related to a development, not a part of individually owned lots or dedicated for general public use, but designed and intended for the common ownership, use and enjoyment of all the residents or property owners of the development.

Outdoor amusement and recreation establishment means an establishment that provides games, entertainment, or recreation activities in an outdoor environment for a fee or admission charge. Accessory uses may include the preparation or serving of food or the sale of merchandise related to the other use of the property.

Packinghouse, including meat canning or curing means a facility for slaughter, process and packing livestock into meats, meat products and by-products.

Park means a recreational area characterized by open space typically utilized for outdoor sports and other leisure activities.

Parking lot means any area subject to wheeled traffic, including access areas used for parking, except for single-family or two-family development.

Parking space, off-street, means a space for the parking of a motor-driven vehicle within a parking lot and having a permanent means of access to a street right-of-way without requiring passage through another parking space. This space shall meet all dimension and angle criteria in article IV, division 3 of this chapter.

Pet shop means a facility for the display and sale of small animals, fish and birds as pets, such as dogs, cats, parakeets, goldfish, tropical fish or canaries, without involving commercial boarding or treating of any animal, fish or bird.

Petroleum refining or storage, and wholesale means a facility for the refining, storage and sale of petroleum products.

Photographic supply store means a retail shop which sells photography items including cameras, film, photographic paper, auxiliary lenses, photo finishing, photo finishing material, projection equipment and other related items.

Plan means a fully dimensioned drawing which illustrates in detail all elements of a development proposal including, but not limited to, property lines, streets, easements, structural elements and landscaping. A plan is prepared by a registered land surveyor, architect or engineer appropriately certified.

Planning director means the city official designated by the mayor as having planning authority and authorized to administer this chapter.

Plan, final, means a fully dimensioned drawing which illustrates in detail all elements of a development proposal, including but not limited to property lines, streets, easements, structural elements and landscaping. A final plan is prepared by a registered land surveyor, architect or engineer. A final plan further contains proper certification for accuracy and depicts natural land features. Natural land features and elements illustrated on a preliminary plat are replaced in the final plan by structural elements such as walls, ditches and other drainage facilities intended to alter land forms.

Plan, preliminary, means a fully dimensioned drawing which illustrates in detail all elements of a development proposal, including but not limited to property lines, streets, easements, structural elements and landscaping. A preliminary plan is prepared by a registered land surveyor, architect or engineer. A preliminary plan further includes all development phase lines providing construction stages, topography, drainage and other natural land features.

Plat means a fully dimensioned drawing which illustrates in detail all elements of the subdivision of property including but not limited to property lines, streets, easements, drainage facilities, utilities, legal notation and the like. The plat is suitable for filing for record with the circuit clerk/recorder of the county.

Police station means a facility a police department for a particular locality.

Prefabricated home means a detached single-family dwelling that is constructed in component parts such as assembled walls, trusses, joists and the like to a site other than the site intended for occupancy and transported to the site for occupancy. The dwelling shall have the following characteristics:

(1)

Meet or exceed the building codes of the city;

(2)

Shall require the construction of a foundation or footings at the site for occupancy; and

(3)

The component parts are erected at the site intended for occupancy to complete the dwelling.

Principal use means the use which fulfills the primary function of an establishment, institution, household or other entity.

Printing or publishing plant means a plant or facility for commercial reproduction of material or drawings on a job order or bulk basis utilizing lithography, offset printing or other purposes.

Produce means vegetables, fruit, grains, eggs, plants, plant cuttings, flowers, seeds, nuts and herbs.

Public utility buildings and structures means buildings and structures that house a public utility or the equipment thereof.

Railroad yard or roundhouse means a facility on a railroad for freight classifying, docking and storage.

Ready mix plant for concrete means a facility primarily engaged in manufacturing portland cement concrete manufactured and delivered to a purchaser in a plastic and unhardened state.

Reclassification means an amendment to or a change in this chapter reflecting a change or revision or modification of the zoning district boundary map.

Recreational facility. means any facility or tract of land providing recreational opportunities to the general public. These facilities may be publicly owned (community) or may be privately owned (commercial) and sell recreational opportunities. The uses which fall under each of these definitions follow.

Residence means a building or part of a building containing one or more dwelling units or rooming units; however, residences do not include:

(1)

Such transient accommodations as transient hotels, motels, tourist homes or similar establishments;

(2)

Dormitories, fraternity or sorority houses, monasteries or convents, or similar establishments containing group living or sleeping accommodations; or

(3)

Nurses' residences, sanitariums, nursing homes, convalescent homes, rest homes or other sleeping or living accommodations in community facility buildings or portions of buildings used for community facility uses.

Restaurant, cafe, or tea room means an establishment where food is available to the general public primarily for consumption within a structure on the premises or which by design of physical facilities, or by type of service and packaging, permits or encourages the purchase of prepared, ready-to-eat foods intended for consumption off the premises, and where the consumption of food in motor vehicles on the premises is neither permitted nor encouraged.

Restaurant, drive-in means an establishment that by design of physical facilities, or by the type of service and packaging, permits or encourages the purchase of prepared, ready-to-eat foods for consumption on or off the premises and which may permit consumption on the premises in motor vehicles.

Restaurants with dancing and live entertainment means an establishment where food is available to the general public primarily for consumption within a structure that includes dancing and live entertainment.

Retail sale means sale of farm products raised on premises.

Retirement center means a multifamily development intended for the primary use of retired persons and not open for rental or sale (in the case of a condominium arrangement) to the general public.

Right-of-way, public, means an area of land deeded, reserved by plat, or otherwise accepted and maintained by the city, the county or the state for public use.

Roadside produce stands means temporary and generally mobile stands used to sell fresh produce. Such stands may incorporate or utilize a temporary display table, the back of a pickup truck or car or similar arrangements for display.

Rolling mill means a facility where metal is rolled into plates and bars.

Sand, gravel or clay pit, rock or stone quarry means a site where sand, gravel, clay or rock and/or stone is mined or extracted for a profit or a facility for storing and marketing sand, gravel, clay or rock and/or stone.

Satellite receiving antenna means a dish-shaped antenna that is the visible component of a satellite earth station. It is a broadcast receiver that allows the reception of television and other signals direct from a satellite.

Sawmill means a facility having power-driven machinery for the purpose of sawing logs. Also, accessory facilities for the drying and storage of wood materials or by-products.

Screening means the use of natural or manmade topography, berm, fences, walls, trees, shrubs, groundcover or any combination thereof that partially or completely blocks the view of one area from another.

Setback means the required minimum distance between the building line and the related front, side or rear property line. This is the area in which a building shall not exceed.

Shoe repair shop means a facility for repair or reconditioning of footgear, handbags and other leather articles such as shoes, boots, sandals, wallets, purses and other similar products.

Site plan review means the process whereby the planning commission reviews the site plans and maps of a developer to assure that they meet the stated purposes and standards of this chapter.

Stable means a facility which boards or rents horses to the public but not including a sales barn, auction or similar trading activity.

Stand alone use means a building or use which:

(1)

Is less than 1,000 square feet in gross floor area;

(2)

Is not connected to another building or otherwise a part of the primary footprint of another building;

(3)

Does not subordinate or serve a principal building or principal use on the same zoning lot;

(4)

May be located on the same zoning lot as another, unrelated commercial use.

Stick-built conventional home means a detached single-family dwelling that is principally constructed at the site intended for occupancy from lumber and appropriate various materials that predominantly are not preassembled. The dwelling shall meet or exceed the building codes of the city and shall require the construction of a foundation or footings at the site for occupancy.

Stockyard means a yard for stock, one in which transient cattle, sheep, swine or horses are kept temporarily for slaughter, marketing or shipping.

Storm cellar means an accessory structure designed and used for the purpose of taking refuge from the inclement weather or other pending disaster. Generally, storm cellars are made of concrete and situated mostly or wholly below the surface of the ground.

Story means the level of a building that extends from the upper surface of a floor to the upper surface of the floor or roof above. For the purposes of zoning, a below grade basement shall not be counted as a story, however, a daylight or walkout-type basement shall be counted as a story.

Structural alteration means any external change in either the supporting members of a building, such as a bearing wall, column, beam or girder or in the dimension or configuration of the roof or other exterior wall.

Structure means anything constructed or erected or installed by man, the use of which requires more or less permanent location on the ground or attached to something, or attached to something having a permanent location on the ground, including but not limited to, buildings, towers and smokestacks.

Tailor, pressing, laundry and cleaning shop means a facility to alter, repair, fabricate, fashion or clean and press garments.

Tannery or leather goods manufacturing means a facility for the processing of raw animal hides into leathers and/or other hide products through the use of various chemical processes.

Taxicab stand means a place where taxis may park while awaiting hire.

Telegraph or messenger service means a facility to send or receive a telegram sent by electric transmission over wire; a facility where one hires one to bear a message or do an errand.

Temporary means lasting for a limited time.

Theater, cinema, or stage production means a facility for showing motion pictures, live play or other live productions to an audience inside an enclosed structure.

Townhouse means a row of houses (up to six) connected by common side walls. A single-dwelling unit may be one or two stories.

Truck stops means an automobile filling station or service center that caters primarily to the nonresident traveling public.

Use means a purpose to which land is committed.

Upholstery shop means a facility that performs repair or replacement of automobile and furniture coverings, fabric, springs and padding. This use must be totally enclosed.

Utility substation means a station that is subsidiary to a central station and at which a utility from the central station is converted or passed on to another area.

Variance means an exception from the strict application of the provisions of this chapter.

Variety and dry goods store means a facility that sells a number of or a collection of different things; sells textiles, ready to wear clothing and notions as distinguished from hardware and groceries.

Vending machine means a machine that dispenses merchandise for a monetary transaction. Vending machines shall be an accessory use to an existing commercial establishment except in the case of a fully-automated carwash.

Veterinarian service/large animal means a service for the qualified and authorized treatment of diseases and injuries of large animals such as horses, cattle, etc. This use includes an animal hospital for large animals.

Vocational and trade schools means a facility offering instruction and training in a trade or business such as secretary, barber or beauty, commercial artist, welding, brick laying, machinery operation and other similar crafts or trades.

Warehouse, general or wholeselling sales and storage means a facility for commodities stored or wholesaled. No outside storage is allowed in conjunction with a warehouse or wholesaling operation.

Warehouse, mini- and storage means a warehouse facility that is utilized for the storage of personal possessions such as boats, trailers, furniture and other dry goods, and is available for rent to the general public.

Wearing apparel or clothing store means a retail facility for selling male or female apparel or clothing.

Yard, exterior, means any yard which is adjacent or parallel to a public or private right-of-way.

Yard, front, means the required area of open space extending across the full width of the lot, the depth of which shall be the least distance between the front lot line and the nearest point of the main building or of any open, unenclosed porch or paved terrace as measured from the exterior face of the building foundation.

Yard, interior, means any yard which does not run adjacent to or parallel with a public or private right-of-way.

Yard, rear, means the required area of open space extending across the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such building.

Yard, side, means the required area of open space between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard, the width of which shall be the least distance between the side lot line and the nearest point of the main building.

Zoning district means an area of land designated in this chapter in which requirements for the use of land and building and development standards are prescribed.

Zoning district boundary means that boundary line which separates unlike zoning districts.

(Ord. No. 147, § 4, 5-7-1990; Ord. No. 178, § 2F, G, 7-15-1991; Ord. No. 382, § 1, 11-6-2000; Ord. No. 640, § 1, 8-20-2007; Ord. No. 693, § 1, 12-15-2008; Ord. No. 724, § 1, 12-7-2009; Ord. No. 742, § 1, 4-19-2010; Ord. No. 744, § 1, 5-17-2010; Ord. No. 761, § 1, 12-20-2010; Ord. No. 767, § 1, 3-7-2011; Ord. No. 784, § 1, 8-1-2011; Ord. No. 800, § 1, 6-4-2012; Ord. No. 802, § 1, 7-2-2012; Ord. No. 849, § 1, 5-19-2014; Ord. No. 938, § 1, 7-11-2017; Ord. No. 973, § 1, 5-6-2019; Ord. No. 1052, § 2, 3-21-2022; Ord. No. 1110, § 1, 2-20-2024; Ord. No. 1118, § 1, 5-20-2024; Ord. No. 1154, § 1, 12-1-2025)

Cross reference— Definitions generally, § 1-2.

The purpose of the regulations set forth in this chapter is to:

(1)

Promote the health, safety and the general welfare of the citizens of the city;

(2)

Provide efficient and economical means for civic development;

(3)

Secure safety from fire and panic;

(4)

Control overcrowding of land;

(5)

Provide adequate light and ventilation;

(6)

Avoid concentration of population; and

(7)

Facilitate ease of provision of transportation, parks, utilities, schools and other public requirements.

This chapter is prepared in pursuance of the authority granted by the state legislature in A.C.A. §§ 14-56-301—14-56-305.

(a)

A city building permit shall be required before work may be commenced on any construction, or any moving, alteration, or renovation of, or any addition to any building or structure within the city limits. A grading permit shall be required before any work may be commenced on any excavation or grading unless such work is otherwise approved by the Maumelle City Code.

(b)

A permit to build will be issued only after the application has been approved by the enforcement officer as meeting the requirements of this chapter. All applications shall be accompanied by a plot plan, drawn to scale, showing dimensions of the lot or parcel, external building dimensions, its location on the lot or parcel, the use of the building and grounds and any other information necessary to ensure proper compliance with this chapter or other regulations as may be applicable.

(c)

Commencement of any work described herein without first obtaining a building permit may result in a citation for the violation, and the site being shut down immediately. All work shall be stopped until such time as a permit is issued or a hearing is held on the matter by a court of competent jurisdiction. Any person found guilty or who pleads guilty of a violation of this provision shall be required to obtain a building permit and may also be fined in an amount up to three times the cost of the building permit. Each day that work progresses without a city building permit shall equal a separate offense.

(Ord. No. 762, § 1, 12-20-2010; Ord. No. 1052, § 1, 3-21-2022)

The jurisdiction of this chapter shall include all land and structures within the corporate limits of the city and as the corporate limits may subsequently change and the extraterritorial area within the definition of the navigable stream zoning area as defined by state law.

Filing fees for all sections of this chapter shall be those established from time to time by the mayor. The filing fee shall cover the initial review and follow-up review. Any additional reviews will be charged to the applicant and must be paid before the final plat will be approved.

The provisions of this chapter shall be held to be minimum requirements to meet the purpose expressed in section 94-2. Where the provisions of this chapter impose greater restrictions than those of any other ordinance or regulation, the provisions of this chapter shall prevail. Where the provisions of any other ordinance or local regulation impose greater restrictions than those of this chapter, the provision of such other ordinance or local regulation shall prevail. When referring to this chapter, the following rules of interpretation shall be applied except when the context clearly requires otherwise:

(1)

The particular shall control the general.

(2)

The text of this chapter provides for zoning districts which do not exist on the zoning map. In no case should these zones be construed to exist until such time the zoning map is amended by ordinance to include zones such as these.

(3)

The terms "permitted" and "permitted by right" mean permitted without meeting the requirements for a conditional use permit.

(4)

The term "permitted by conditional use" means permitted subject to the requirements for a conditional use pursuant to conditional use review.

(5)

The terms "parcel" and "tract" are synonymous and may be used interchangeably.

(6)

All public officials, bodies and agencies to which reference is made are those of the city.

(7)

All yards required by this chapter shall be open and unobstructed by structures from the lowest level of the lot to the sky except as specifically regulated in this chapter.

This chapter may be amended by changing the boundaries of the zoning districts or by changing any other provision of the chapter whenever the public necessity and general welfare require such amendment.

An application for amendment may be initiated by the city council, the planning commission, the mayor, or the mayor's designee, or by one or more owners or lessees of land affected by a proposed amendment. Such application must be filed with the planning and permits office 21 or more days prior to the date of the next regularly scheduled planning commission meeting. The director of the planning department will set the date for a public hearing on the proposed amendment at a regularly scheduled planning commission meeting.

(Ord. No. 1008, § 1, 7-20-2020; Ord. No. 1061, § 1, 5-2-2022; Ord. No. 1081, § 1, 11-7-2022)

Upon filing an application for amendment with the planning and permits office, with a copy to the city clerk's office, this chapter may be amended by the following procedures:

(1)

The planning commission shall hold a public hearing on the proposed amendment stated in the application not less than 15 days after notice of such hearing has been published in a newspaper of general circulation in the city. The notice shall be published at the applicant's expense and shall give the time and place of the proposed hearing and the proposed changes. The applicant shall notify owners of all lands which lie within 300 feet of the land for which the zoning change is requested of the time, date and place of the public hearing and the proposed change in zoning designation. The planning director may reasonably increase the notification area for any application at his discretion. The applicant shall provide this notification by one of the following methods:

a.

Certified letter, return receipt requested;

b.

Petition, provided to and signed by all such owners of land;

c.

First class mail, with certificate of mailing.

All proof of notification, including return receipts, a copy of the petition, or certificates of mailing with a copy of the letter, shall be furnished to the planning commission in care of the planning and permits office at least five days prior to the public hearing.

(2)

The applicant shall post or have posted signs on the property proposed for a change in zoning for the purpose of providing general notice to the public of the proposed changes.

a.

The signs will be displayed on the property not less than 15 days prior to the date of the public hearing. There shall be one sign placed for every 500 feet of street frontage of the property to be rezoned. If the property to be rezoned has no public street frontage, then the planning director shall determine the number and placement of signs, in his discretion, based on the size and location of the property to be rezoned.

b.

The signs, which shall be supplied by the planning and permits office, shall be displayed to be prominent and in full view of passing motorists and pedestrians.

c.

All such signs posted shall be maintained by the applicant so that the signs remain visible and readable until the conclusion of the subject public hearing, or to the final conclusion of the resolution of the request by the planning commission. Subject signs shall be removed from the property by the applicant within five days of the concluding action.

(3)

The amendment, as presented or modified by the action following the public hearing, shall be voted on by the planning commission.

(4)

Following such vote, the planning commission shall certify its recommendations to the city council.

(5)

The city council may return the proposed amendment to the planning commission for further study, or by majority vote adopt by ordinance the proposal as submitted by the planning commission.

(6)

If the planning commission disapproves the proposed amendment, the proponent may appeal to the city council, which shall review the action and may approve the proposed amendment only by not less than three-fourths vote of all the members. Such appeal shall be made via the planning and permits office, which shall transmit one copy to the planning commission, which will prepare and transmit a report to the applicant, stating why the proposed amendment was disapproved. The city clerk shall also be provided a copy of the appeal.

(7)

Should the proposal be adopted by the city council, the amendment ordinance shall be filed with the office of the city clerk.

(Ord. No. 785, § 1, 8-1-2011; Ord. No. 1061, § 2, 5-2-2022; Ord. No. 1097, § 1, 10-2-2023)

The application fee for an amendment to this chapter shall be as set by the mayor for each piece of property submitted in the application, none of which is refundable.

No resubmission of a zoning amendment application will be allowed within 12 months after the date of action by the planning commission or the city council unless the city council or the planning commission waives this limitation for good cause.

(a)

Purpose. The purposes of this section are to:

(1)

Prohibit the indiscriminate clearing of property.

(2)

Prevent excessive grading, clearing, filling, cutting, or similar activities.

(3)

Substantially reduce flooding, erosion, and sediment damage within the city.

(4)

Establish reasonable standards and procedures for development, which prevent potential flooding, erosion, and sediment damage.

(5)

Prevent the pollution of streams, ponds and other watercourses by sediment.

(6)

Minimize the danger of flood loss and property loss due to unstable slopes.

(7)

Preserve the maximum number of trees that are determined to be appropriate for preservation in the city urban environment that have a reasonable chance of long term survival.

(8)

Lessen the impact of tree removal by requiring that trees are replaced at an appropriate and sustainable level.

(9)

Provide a visual buffer and screen against traffic and some buffer against noise pollution.

(10)

Provide protections against severe weather.

(11)

Conserve and enhance the city's physical and aesthetic environment.

(12)

Generally protect and enhance the quality of life and the general welfare of the city.

(b)

General requirements. Persons engaged in land alteration activities regulated by this article shall take measures to protect neighboring public and private properties from damage by such activities. The requirements of this division, however, are not intended to prevent the reasonable use of properties.

(1)

The responsible party shall be liable for all fines levied or remedial action required under this article. Each qualifying tree illegally removed or improperly preserved or any other activity proscribed by this division shall be a separate violation. In addition to any other criminal penalties that may be prescribed by state law, any violation of this section shall be subject to the penalty provisions as outlined in Maumelle City Code section 1-8. Each violation shall be considered a separate offense.

(2)

Any person who engages in land alteration activities regulated by this article without obtaining a grading permit, shall be required to restore the land, to the maximum extent practicable to its original condition.

(3)

The permit applicant shall have on the project site at all times work is being completed pursuant to the grading permit an designated agent who is capable of reading and thoroughly understanding the plans, specifications and requirements for areas of tree protection, as outlined in the requirements set forth, for the type of work being performed. The agent shall have full authority to issue orders or direction to employees working on site, without delay and to promptly supply such materials, labor, equipment, tools, and incidentals as may be required to complete the work in a proper manner. If no such agent is on site, the city official may issue the notice of violation and/or stop work order to the person conducting the violation.

(4)

Removal of more than seven significant trees or the removal of trees regulated under section 90-140 as Maumelle heritage trees that have been removed without a grading permit, or timber management plan pursuant to section 90-123, or trees required in an approved plan that have been removed or which die within 12 months, shall be considered a violation.

(c)

Grading permit required.

(1)

A grading permit shall be required before any work may be commenced on any excavation or grading, and shall be issued only after all site and grading plans or preliminary plat and/or preliminary development plan approvals have been received from the final approving body.

(2)

Any person proposing to engage in clearing, filling, cutting, quarrying, construction, or similar activities that would result in a disturbed area may apply to the department of planning and permits for a grading permit as specified in this article. A site plan shall be obtained from the City before constructing or expanding a vehicular use area or when expanding or rehabilitating a building and landscaping is required. Except as otherwise authorized in chapter 90, article IV, the responsible party shall not be allowed the removal of more than seven trees within any given 12-month period without first obtaining a grading permit. No land shall be altered or cleared to the extent regulated in this article unless approved by a permit.

(3)

All land alteration in properties within the designated floodplain requires a grading permit without exception.

(d)

Exemptions. A grading permit shall not be required for emergency work or repairs to protect health, safety, and welfare of the public. Diseased, dead or dying trees may be removed as nuisances without the obtaining of a permit. As used in this subsection, "diseased tree" means any tree with a structural defect or a health condition, which makes it subject to a high probability of failure.

(e)

Contents of grading and drainage plans. The grading and drainage plan shall identify the following:

(1)

Acreage of the proposed project;

(2)

Construction areas and non-construction disturbed areas;

(3)

Stages of grading showing the limits of sections to be graded and indicating the approximate order of development;

(4)

Areas and quantities of existing significant trees;

(5)

Tree protection zones, delineated with orange construction safety fencing along with durable, weathering signs clearly identifying the area as a "non-clearing buffer zone" under section 94-13(f)(1)(d)(i);

(6)

The height and slope of cuts and fills. Cross sections shall be required every 100 feet on property where the depth of excavation or fills exceeds five feet, showing original and final grades and will include visual aids to show how the final development, including planting and landscaping will look. A grading plan showing existing and proposed contours with a maximum two-foot contour interval for slopes less than ten percent and a maximum five-foot contour interval for slopes greater than ten percent can be shown as an alternate to cross sections every 50 feet;

(7)

Provisions for collecting and discharging surface water;

(8)

Erosion and sediment measures, including structural and vegetative measures;

(9)

Seal, certificate of authority and signature of a licensed engineer qualified under state regulations to certify that the grading and drainage plan complies with this article;

(10)

A vicinity drawing showing location of property lines, location and names of all existing or platted streets or other public ways within or immediately adjacent to the tract on city topographic mapping or approved equal;

(11)

Location of all known existing sewers, water mains, culverts, and underground utilities within the tract and immediately adjacent thereto; location of existing permanent buildings on or immediately adjacent to the site if right of entry can be obtained to locate same;

(12)

Identification of rights-of-way or easements affecting the property;

(13)

A plan of the site at a minimum scale of one inch equals 100 feet or less, i.e., 1 inch = 50 feet or 1 inch = 30 feet, etc.;

(14)

Such other information required by city officials including, but not limited to:

a.

Address and telephone number of owner, permit applicant and the designated agent(s) responsible for maintenance of erosion and sediment control measures, and the agent(s) required to be on site pursuant to Maumelle City Code section 94-13(b)(3);

b.

The approximate location and width of existing and proposed streets;

c.

The locations and dimensions of all proposed or existing lots;

d.

The locations and dimensions of all parcels of land proposed to be set aside for parks, playgrounds, natural condition perimeters, public use, or for the use of property owners in proposed development;

e.

Existing and proposed topography at a maximum of two-foot contour intervals unless approved by the city;

f.

An approximate timing schedule, indicating the anticipated starting and completion dates of the development: a timing schedule for the sequence of grading and application of erosion and sediment control measures;

g.

Identification of unusual material or soils in land areas to be disturbed. If any surface indications of unusual materials or soils that would cause street or lot instability, such as nonvertical tree growth, old slides, seepage, or depressions in the soil are visible before grading, they should be noted and accompanied by the engineer's recommendation for correcting such problem areas;

h.

Identification of suitable material to be used for fills shall be accomplished before actual filling begins. If there are any surface indications that local material is not suitable for fills, those areas to be filled with outside material should be identified and the type and source of the fill noted;

i.

Specification of measures to control runoff, erosion, and sedimentation during the process of construction, noting those areas where control of runoff will be required during construction and indicating what will be used, such as straw bales, sediment basins, silt dams, brush check dams, lateral hillside ditches, catch basins, etc.;

j.

Measures to protect neighboring built-up areas and city property during process of construction, noting work to be performed, such as cleaning existing ditches, storm culverts and catch basins or raising existing curbs in neighboring areas;

k.

Provisions to stabilize soils and slopes after completion of streets, sewers and other improvements, noting on the grading plan when and where ground cover will be planted, also noting any other means to be used such as placement of stone embankments and riprap or construction of retaining walls;

l.

All fill areas shall be compacted to 95 percent standard proctor density unless approved in writing by the department of planning and permits.

m.

The permittee shall acquire an approved storm water prevention plan from the Department of the Arkansas Energy and Environment as required by state law prior to the commencement of the grading activities. Such permit shall be presented with the grading permit application. Such storm water prevention measures shall be in place prior to commencement of the permit.

(f)

Issuance procedure.

(1)

The following procedure shall be implemented for the issuance of a grading permit:

a.

The department of planning and permits shall approve, disapprove, or recommend modification of the grading and drainage plan in writing within ten days after the date of submittal unless otherwise approved by the planning commission.

b.

Applications for which planning commission approval is required, as defined in section 94-101(c), shall be placed on the next available planning commission agenda following city staff review. Engineered grading and drainage plans shall be reviewed by the city and a report prepared by the time of the applicable subdivision subcommittee meeting, if possible, but not later than the applicable planning commission meeting.

c.

Upon approval of the final plan, the city shall issue a grading permit. An agent as designated on the approved permit application capable of understanding the requirements set forth, plans and with the authority to issue orders to employees performing the land alteration shall properly supervise the land alteration work. The designated agent shall be present during construction activities.

d.

Pre-construction requirements (physical protection). As a mandatory condition of the grading permit and a prerequisite for the commencement of any land-clearing, grubbing, or grading activity, the applicant shall comply with the following:

1.

Physical protection and delineation. Physically delineate all required non-disturbance zones, buffers (including stream buffers, setbacks, and tree protection areas), and limits of construction using highly visible protective barriers, specifically orange construction safety fencing installed on posts. For all protected trees or groves, this fencing shall be installed at a minimum distance equal to the tree's drip line or the edge of the pre-determined tree protection zone, whichever is greater. No grading, excavation, material storage, or equipment access is permitted within this delineated area. The fencing shall be maintained in good condition for the duration of all construction activities.

(2)

The city official may allow minor modifications of the plan to alleviate particular problems during the process of construction. In reviewing request for modifications, the city official may require from the applicant's engineer appropriate reports and data sufficient to make a decision on the request.

(3)

Major changes to plans approved by the planning commission shall only be permitted by the planning commission. Examples of major changes are those that substantially increase the height of cuts, the area of clearing or grading, or impact on neighboring properties. More than 20 percent increase in height, area or impact will normally be considered a major change. Examples of increased impact include reductions in buffer area, increased runoff onto adjacent properties and increased site area that is visible from adjacent properties or public streets.

(g)

Grading and drainage plan requirements. Prior to the issuance of a grading permit, a grading and drainage plan shall be submitted and approved by the city. Preparation of grading and drainage plans shall follow the requirements of chapter 94, article V of the Maumelle City Code and shall be designed on the basis of the following considerations:

(1)

A maximum of 30 vertical feet of fill or excavation (three, ten-foot vertical terraces or two, 15-foot vertical terraces) is permitted; however, additional development areas may be constructed a minimum of 150 feet in width and at a slope of no more than eight percent. The maximum of 30 feet of fill or excavation may again be utilized.

a.

The depth of fill or excavation shall be measured from the finish grade elevation to the original ground line elevation.

b.

No more than 200 feet of terrace can be in a straight line and a minimum of a ten-foot curved section, job or offset is required for each additional 200 feet of terrace.

c.

For excavations or fills constructed with slopes flatter than 3:1 (three horizontal to one vertical), terraces are not required nor is there a limit on the height of cut of fill. Planting requirements on these 3:1 slopes shall be the same as required for terraces and shall be spaced uniformly over the slope.

d.

Cuts or fills shall be limited to ten feet in height or to 15 feet if architectural stone is included to protect the vertical face. A series of smaller cuts or fills with terraces, preserving portions of natural vegetation and providing areas for planting, shall be used in situations where more than ten feet of cut or fill is needed.

e.

Terracing width shall be at a ratio of at least one foot of horizontal terrace for every one foot of vertical height, up to a maximum of ten feet. Terraces shall be landscaped with dense evergreen plantings sufficient to screen the cut or fill slope.

f.

If the slope of the cut or fill is faced with an architectural stone wall, the terrace plantings shall be a minimum of two rows of trees four feet between the rows, staggered not more than 20 feet on centers.

g.

Shrubs and ground cover shall be required.

h.

Groups of trees and individual trees that are not to be removed and required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for any other purpose. Tree protection barriers shall be a minimum of four feet high, constructed of chain-link, or polyethylene laminar safety fencing or similar material, subject to approval by the department of planning permits. "Tree protection area" signs shall be posted visibly on all sides of the fenced areas. On large or multiple-project sites, the department of planning permits may also require that signs requesting subcontractor cooperation and compliance with tree protection standards be posted at site entrances. The tree protection barrier must be placed at the outside edge of the drip line of the existing trees.

(2)

Development shall be planned to fit topography, soils, geology, hydrology, and other existing site conditions.

(3)

Provisions shall be made for safety against unstable slopes or slopes subject to erosion and deterioration.

(4)

After grading, all paving, seeding, sodding, or mulching shall be performed in accordance with a reasonable schedule approved by the city official.

(5)

Replanting requirements

a.

If more than seven significant trees are to be removed by the owner/developer, they must submit a tree protection or replacement plan to the department of planning and permits. This plan must indicate the number of significant trees in construction areas and in disturbed non-construction areas. The plan shall show all roads, utilities, building footprints, driveways, and areas to be disturbed. If significant trees are in the construction area, they are to be replaced at a rate of one to five (one tree to be planted for every five trees removed). If the area as defined as the perimeter of the circular space 1.5 feet per inch of caliper as measured 4.5 feet above ground level noted as a tree protection zone (TPZ) of the significant tree is adjacent to a construction area, measures must be made to protect the tree with fencing and other protective measures. If a significant tree is removed from a non-construction area it must be replaced at a replacement rate of five-to-one. All replacement trees shall be the same or similar species to the trees removed. If multiple species have been removed, the replacement trees shall be planted in a ratio similar to the former variety of species contained in the tree canopy, unless quantity or ratio of species is otherwise approved as part of a landscape plan in commercial, industrial or PUD zones.

b.

Replacement trees shall be replanted with approved trees that meet the following specifications:

1.

Deciduous: At least two and a half inches in diameter and at least six feet in height above natural grade within required buffer and building setback areas, otherwise 16" plug size or larger for non-buffer areas;

2.

Evergreen: At least eight feet in height above natural grade within required buffer and building setback areas, otherwise 16" plug size or larger for non-buffer areas; and

3.

Ornamental (only allowed once a building permit has been issued): At least two inches in diameter and at least six feet in height above natural grade.

c.

Significant trees, definition

1.

A tree is significant if it is a tree and it is:

i.

At least eight inches in diameter at the height of four and a half feet above natural grade;

ii.

Growing with multiple stems and at least one of the stems measured at a point six inches from the point where the stems digress from the main trunk is at least six inches in diameter;

iii.

An ornamental tree with a diameter in excess of two inches in diameter at the height six inches above natural grade; or

iv.

Planted and meets the requirements of subdivision (d)(2)b. of this section and section 90-36.

2.

A tree is not significant if it is less than eight inches in diameter at four and a half feet above natural grade or those included on the following list, regardless of size:

i.

Black locust (Robinia pseqdoacacia);

ii.

Cottonwood (Populous trichocarps);

iii.

Red cedar (Juniperus virginiana); and

iv.

Bradford pear (Pyrus calleryana "Bradford").

d.

If a building permit is not approved within eight months of grading permit approval, then all significant trees that have been removed shall be replanted at a rate of five to one.

e.

When a building permit is approved, the tree replanting requirements stated herein are superseded by the applicable landscaping or replanting requirements, if any, as regulated in chapters 70, 90, and 94. If construction has not commenced and been diligently pursued within eight months of building permit approval, then all significant trees that have been removed shall be replanted at a rate of five to one.

(6)

Open areas not planned for immediate use shall be seeded or sodded. Soil which is exposed for more than 21 days with no construction activity shall be seeded, mulched or revegetated in accordance with this Code.

(7)

Areas not well suited to development, as evidenced by existing incompetent soils, geology, and hydrology investigations and reports, should be allocated to open space and recreational uses.

(h)

Soil loss. The potential for soil loss shall be minimized by retaining natural vegetation wherever possible.

(1)

Appropriate provisions such as those in the chapter 94, article V of the Maumelle City Code shall be used to accommodate storm water runoff and control soil loss occasioned by changed soil and surface conditions during and after development, including the use of vegetation and limitations on soil exposure. If staff determines upon visual inspection that excessive silt from the construction has migrated offsite, additional measures to reduce erosion may be required.

(2)

Permanent improvements such as streets, storm sewers, curb and gutters, and other features for control of storm runoff shall be scheduled as soon as economically and physically feasible before removing vegetation cover from the area, so that large areas are not left bare and exposed for long periods of time beyond the capacity of temporary control measures.

(3)

A temporary or permanent sediment basin, debris basin, desilting basin or silt trap shall be installed and maintained to substantially reduce sediment from water runoff. The volume of the sediment basin shall be 3,000 cubic feet per acre for property with average slope greater than five percent, or 1,500 cubic feet per acre for property with an average slope less than five percent. A properly sized sediment basin is required for each separate drainage area within the property being developed.

(4)

Construction access shall be limited to locations as approved by the city official. Construction access points shall be graveled for a minimum length of 20 percent of the lot depth or 50 feet, whichever is greater, up to a maximum of 100 feet and of adequate thickness to minimize tracking onto the city street.

(5)

Appropriate provisions shall be made to prevent excessive particulate matter from becoming airborne.

(6)

A perimeter buffer strip shall be temporarily maintained around disturbed areas for erosion control purposes and shall be kept undisturbed except for reasonable access for maintenance. The width of the strip shall be six percent of the lot width and depth. The minimum width shall be 25 feet and the maximum shall be 40 feet. In no event shall these temporary strips be less than the width of the permanent buffers required for the development.

(7)

A minimum strip 25 feet wide, undisturbed riparian buffer except for reasonable access, shall be provided along each side of streams having a peak ten-year storm flow rate of greater than 150 cubic feet per second. The 25-foot strip shall be measured from the top of the bank. An exception to this requirement is allowed where the only work being done on the site is public street construction.

(8)

Care shall be exercised to minimize the risk of damage from or to pedestrian and vehicular traffic in the vicinity of a cut or fill by placement of handrails, guardrails, fencing or landscaping.

(9)

Approval may be obtained by public or private entities for the stockpiling of construction spoil material at particular locations for a limited time period, not to exceed six months. An additional six month extension may be granted by written approval of the city official. Grading and replanting of grassed areas is required upon removal of stockpile.

(i)

Unified plan and permit. One plan may be submitted incorporating all provisions for compliance with the applicable city zoning, landscaping, drainage detention, grading, clearing, filling, cutting, quarrying, and construction requirements.

(j)

Grading plans. Grading plans shall conform to the Phase II Stormwater Regulations as established by United States Environmental Protection Agency's regulations, Region VI published in the July 6, 1998, Federal Register or its latest revisions.

(k)

Copy required. A copy of the Arkansas Department of Energy and Environment, Division of Environmental Quality, NOI permit for storm water prevention activities shall be required in accordance with the chapter 94, article V, of the Maumelle City Code, prior to the commencement of construction activity.

(l)

Transition period. Any construction or development project which has received a grading permit under prior provisions of this Code shall come into full compliance with the requirements of this division within 30 days of its effective date.

(m)

Fees. A fee for each grading permit shall be paid to the city. For project areas ten acres or less, the fee shall be $500.00. For project areas greater than ten to up to 100 acres, the fee shall be $1,000.00. For project areas greater than 100 acres, the fee shall be $2,500.00.

(n)

Preliminary grading permit. All rules governing the issuance of a grading permit apply with the following exceptions and requirements:

(1)

The city engineer may, on a limited basis, issue a preliminary grading permit to allow clearing, filling, excavating, demolition or similar activities if

a.

The project has been approved by the planning commission; or

b.

The application does not contain any waiver or variance requests that may change the grading at the location; and

c.

The applicant has displayed a hardship outside of the normal requirements of code.

(2)

No construction, to include, but not limited to, foundation work on structures, vehicular use areas, development, or improvements of any kind are authorized by the issuance of a preliminary grading permit.

(3)

A preliminary grading permit application must include a grading and drainage plan and a copy of the ADEQ NOI permit as described above in this section.

(4)

Preliminary grading permits must be secured by a bond or letter of credit in the amount appropriate to restore the site to a completion of construction standard.

(5)

A preliminary grading permit will expire six months after date of issuance, and must meet the defined completion of construction portions 2, 3, 4, and 5, or must be converted to a full grading permit.

(6)

A preliminary grading permit may be converted into a full grading permit without an additional fee when the project has received approval through the planning process.

(Ord. No. 1052, § 3, 3-21-2022; Ord. No. 1166, §§ 2—4, 2-2-2026)