(a)

Scope of requirements. The requirements herein set forth shall apply and govern in all districts except the C-5 (downtown) district, in which district these regulations shall be of no force and effect, unless otherwise mentioned herein.

(b)

Duty to provide and maintain off-street parking space; existing uses. The duty to provide and maintain the off-street parking space herein required shall be the joint and several responsibility of the operator and owner of the use and the operator and owner of the land on which, or the structure or structures in which, is located the use or uses for which off-street parking space is required to be provided and maintained. No land shall be used or occupied, no structure shall be designed, erected, altered, used or occupied and no use shall be operated unless the off-street parking space herein required is provided in at least the amount specified and maintained in the manner herein set forth; provided, however, that where off-street parking space is not provided or maintained for land, structures or uses actually used, occupied and operated on March 26, 1962, it shall not be required under this chapter. From March 26, 1962, if such land, structures or uses are enlarged, expanded or changed there shall be provided, for the increment only of such land, structures and uses enlarged expanded or changed and maintained as herein required, at least the amount of off-street parking space that would be required hereunder if the increment were a separate land, structure or use. However, where a lot with an existing structure is cleared and a new structure is erected thereon, there shall be provided and maintained off-street parking space as required herein.

(c)

Location of off-street parking space. Off-street parking space shall be located on the same lot as the use for which provided and may be composed of one or several separated parcels, unless otherwise provided for herein.

(d)

Separate or combined space. Separate off-street parking space shall be provided for each use or the parking space required of two or more uses located on the same lot may be combined and used jointly; provided, however:

(1)

Where off-street parking space is combined and used jointly by two or more uses having different standards for determining the amount of off-street parking space required, the parking space shall be adequate in area to provide the sum total of off-street parking space requirements of all such uses.

(2)

Where off-street parking space is combined and used jointly by two or more uses having the same standard for determining the amount of off-street parking space required, all of such uses, for the purpose of this section, shall be considered a single unit and the gross floor area of all such uses in all structures on the same lot or the number of employees of all such uses in all structures on the same lot, as fixed by the applicable standard, shall be taken as a single total for the purpose of determining the amount of off-street parking space required.

(e)

Amount of off-street parking space required. At least the following amounts of off-street parking space shall be provided, plus an area or means adequate for ingress and egress which shall not be included in the computation of the parking area, except single-family residences may utilize the areas of ingress and egress up to and equaling 50 percent of the required parking area in computation of the total parking area. The following classifications of uses shall be deemed to include and apply to all uses, and if for any reason the classification of any use for the purpose of determining the amount of off-street parking space to be provided by such use is not readily determinable hereunder the classification of the use shall be fixed by the planning commission.

(1)

Parking type I. Single-family residence: One space when less than 1,200 square feet, two spaces when greater than 1,200 square feet.

(2)

Parking type II.

a.

Residential uses.

1.

Two-family dwelling: 1.5 spaces per unit.

2.

Roominghouses, dormitories, fraternities and similar establishments: one space per sleeping accommodation.

3.

Hotels and motels: One space per guestroom, plus an additional ten percent of the total of all parking spaces required for developments larger than 20 rooms for employees and non-guest users patronizing meeting rooms, restaurants and other facilities.

4.

Multifamily: 1.5 spaces per unit.

5.

Mobile home: Two per mobile home space.

6.

Mobile home park community building: One per ten mobile home spaces.

7.

Mobile home park visitor parking: One per five mobile home spaces located no further than 400 feet from the mobile home spaces to be served.

b.

Schools and institutions.

1.

Elementary: One per employee. Stacking space for dropoff and pickup shall be required on the site.

2.

Secondary (grades 7—12): Six spaces per classroom. Stacking space for buses and autos shall be required on the site.

3.

Libraries: Ten, plus one for each 200 square feet over 1,000.

(3)

Parking type III.

a.

Residential uses. Elderly housing: 0.5 spaces per unit.

b.

Office and institutional.

1.

Churches: For the seating capacity in the principal room or hall, one for each five seats; in C-5 commercial districts, one for each ten seats.

2.

Lodge halls, exhibition halls, clubs (and similar places of public assembly): One space per 100 square feet of gross floor area if without fixed seats, and one for each five seats if with fixed seats.

3.

Public tennis courts and private tennis clubs: Two per court, plus one for each 200 square feet of clubhouse floor area in excess of 1,000 square feet.

(4)

Parking type IV.

a.

Office and institutional.

1.

Hospitals, general: One per 1.5 beds.

2.

Hospitals, extended care: One per two beds.

3.

Hospitals, convalescent (or nursing home): One per five beds.

b.

Schools and institutions. Nursery, kindergarten and day care centers: One space per employee plus on-site loading and unloading spaces to be required at a rate of one for each ten children accommodated.

c.

Commercial uses. Restaurants (and similar establishments serving food and beverages): One space for each 100 square feet of gross floor area.

d.

Entertainment and recreation.

1.

Theaters, auditoriums and sports arenas or stadia, including school auditoriums and stadia: For all fixed seating capacity, one for each four seats; theaters in shopping center, one per 8.5 seats.

2.

Dancehalls and exhibition halls, without fixed seats for floor area devoted to public assembly or activity: One for each 100 square feet of floor area devoted to the principal activity.

3.

Billiard and pool rooms: Two per table.

4.

Bowling alleys: Three for each alley except when in a shopping center which includes a supermarket, when it shall be two per alley.

5.

Golf courses: Four per hole, plus required spaces for restaurants and cocktail lounges.

6.

Health spas and gymnasia: Ten plus one for each 200 square feet of floor area in excess of 1,000.

7.

Public swimming pools and private swim clubs: 20 per pool (not including wading pools or whirlpool baths), plus one for each 200 square feet of cabana floor area in excess of 1,000 square feet, except, where membership is restricted to the immediate neighborhood, a minimum of five parking spaces shall be provided.

8.

Skating rinks: One for each 200 square feet of floor area devoted to the principal activity.

(5)

Parking type V. Office and institutional:

a.

Finance, savings and loan institutions, insurance, real estate, business, professional and other offices (except those otherwise designated herein): Zero to 20,000 square feet of floor area, one for each 300 square feet of floor area, plus one for each 500 square feet of floor area in excess of 20,000 square feet.

b.

Banks (commercial): One for each 200 square feet.

c.

Medical and dental offices and clinics: One for each 200 square feet of floor area.

d.

Veterinarians, animal and veterinary hospitals: One for each 250 square feet of floor area exclusive of boarding areas.

e.

College or university: One per three student classroom seats.

f.

Trade, vocational and business school, not otherwise listed: One per employee, plus one per three student classroom seats.

g.

Dance schools other than ballrooms: Five, plus one for each 150 square feet of dance floor area over 500 square feet.

h.

Beauty culture schools: Three, plus one for each operator station.

i.

Drive-in commercial facilities (banks, restaurants and similar uses): Shall provide not less than three holding or stacking spaces for each service window.

(6)

Parking type VI.

a.

Trade.

1.

Retail stores and personal services not listed elsewhere: Zero to 3,000 square feet of floor area, five; 3,000 to 5,000 square feet of floor area, five, plus one for each 500 square feet of floor area in excess of 3,000 square feet; in excess of 5,000 square feet of floor area, ten, plus one for each 250 square feet of floor area in excess of 5,000 square feet.

2.

Retail furniture and appliance stores, retail machinery and equipment sales, motor vehicle sales: Area devoted to retail, office, service or display of goods, five, plus one for each 800 square feet of floor area in excess of 3,000 square feet.

3.

Building materials sales where lumber is sold: Ten, plus one for each 120 square feet of sales area devoted to hardware and paint items in excess of 1,000 square feet, and one per 750 square feet of warehouse area open to the public.

4.

Service stations: A minimum of five, of which at least one must be large enough to accommodate a towing vehicle.

5.

Drive-in restaurants: A minimum of 25.

6.

Agricultural and commercial nurseries: Ten, plus one for each 150 square feet of inside sales area over 1,000 square feet, and one per 2,000 square feet of outside area open to the public.

b.

Personal services.

1.

Self-service laundry and dry cleaning: One for each three machines.

2.

Dry cleaning, pickup: Three, plus one for each 500 square feet over 1,000.

3.

Repair services, wearing apparel, motor vehicles, appliance and furniture: Five, plus one for each 800 square feet of floor area in excess of 3,000 square feet.

4.

Barbershops, beauty shops and similar uses: One space for each 200 square feet of gross building area.

5.

Food stores, supermarkets and convenience type grocery stores: Four spaces plus one space for each 300 square feet of gross floor area, exclusive of storage area.

(7)

Parking type VII.

a.

Manufacturing uses.

1.

Manufacturing, steel fabricating, warehousing and similar uses: One for each 200 square feet of office area and one space per 2,000 square feet of gross floor area up to 50,000 square feet, then, in addition to the above requirement, one space per 10,000 square feet above 50,000 square feet or portion thereof.

2.

Corporation yard: Three, plus one for each 20,000 square feet of yard area over 40,000.

b.

Laboratories, when a primary use: Four, plus one for each 300 square feet in excess of 1,000 square feet.

c.

Carwashes: 2.5 for each wash bay.

(8)

Parking type VIII. Wholesale trade: One for each 250 square feet of office area, and one space per 2,000 square feet of gross floor area up to 50,000 square feet, then, in addition to the above requirement, one space per 10,000 square feet above 50,000 square feet or portion thereof.

(9)

Additional parking requirements.

a.

Central business district. The number of off-street parking spaces for uses in the central business district, except for shopping centers, may be reduced by ten percent from the requirements specified in this section which would otherwise be applicable.

b.

Shopping centers. One space shall be provided for each 250 square feet of gross leasable area exclusive of bowling alleys, movie theaters and skating rinks.

(f)

Location separated from use; sharing of same off-street parking space.

(1)

Purpose of approval procedure. Under the standard provisions of this chapter off-street parking space is required to be located on the same lot as the use for which the space is provided. Also, each use is required to provide an individual amount of space. Pursuant to the procedure hereinafter set forth, either part or all of required off-street parking space may be located off the lot of the use for which the space is provided. Also, two or more uses may share the same off-street parking space and each of such uses may be considered as having provided such shared space individually.

(2)

Limitations on approval procedure.

a.

Location separated from use. In the R-1, R-2, R-3, R-4 and R-6 districts, off-street parking space for residential uses shall be located no farther from the lot of the use for which provided than on a land area adjacent to such lot. In all other districts off-street parking space shall be located no farther from the lot of the use for which provided than 600 feet unless otherwise specified herein, such distance to be measured by a straight line from the nearest point of the separated off-street parking space.

b.

Sharing of same off-street parking space. No use shall be considered as individually having provided off-street parking space which is shared with one or more uses unless the schedules of operation of all such uses are such that none of the uses sharing the space require the off-street parking space at the same time as any other use sharing the space.

(3)

Submission and contents of applications for approval. All applications for approval of a special plan hereunder shall be filed with the planning commission by the owner or owners of the entire land area to be included within the special plan, the owner or owners of all structures then existing on said land area and all encumbrancers of said land area and structures; shall contain sufficient evidence to establish to the satisfaction of the commission that the applicants are the owners and encumbrancers of the designated land and structures; shall contain such information and representations required by this chapter or deemed necessary by the commission and shall include plans showing the following details:

a.

The location of the uses or structures for which off-street parking space is required.

b.

The location at which the off-street parking space is to be located.

c.

A complete plan of the parking area showing parking spaces, driving lanes, access and egress locations and landscaped areas.

(4)

Review of applications for approval. All applications hereunder shall be reviewed by the planning commission and either approved or disapproved within a period of 45 days from the date of submission. Any approval hereunder may establish necessary conditions and limitations.

(5)

Approved plan to be registered and recorded. Upon approval of a special plan hereunder, a copy of such plan shall be registered among the records of the planning commission. An as-built copy of such plan shall be also registered with the planning commission and a copy of such plan, or such other records thereof as deemed proper by the commission, shall be recorded by the owners in the office of the county recorder.

(6)

Effect of registered and recorded special plans. All special plans registered and recorded hereunder shall be binding upon the applicants for such special plans, their successors and assigns, shall limit and control the issuance and validity of all zoning permits and shall restrict and limit the use and operation of all land and structures included within such special plans to all conditions and limitations specified in such plans and the approvals thereof.

(7)

Amendment of registered and recorded special plans. All special plans registered and recorded hereunder may be amended pursuant to the same procedure and subject to the same limitations and requirements by which such plans were approved, registered and recorded.

(8)

Withdrawal of registered and recorded special plans. Upon application to the planning commission by the owner or owners of the entire land area included within any special plan registered and recorded hereunder, the owner or owners of any structures then existing thereon and all encumbrancers of said land and structures, any such plan may be withdrawn, either partially or completely, from registration and released from recording if all uses, land and structures remaining under such plan can be made to comply with all conditions and limitations of the plan and all uses, land and structures withdrawn from such plan can be made to comply with all regulations established by this chapter and unrelated to any special plan. Upon approval of an application hereunder, the planning commission shall register among its records and the owner shall record in the office of the county recorder an appropriate certificate of such withdrawal.

(Ord. No. 3171, § 801, 3-26-62; Ord. No. 3778, § 1, 11-10-69; Ord. No. 5524, § 1, 5-23-83)

State Law reference— Authority to require off-street parking, A.C.A. § 14-56-416(a)(2)(B).

(a)

Scope of regulations. The regulations herein set forth shall apply and govern in all districts; provided, however, that in the R-O, R-1, R-2, R-3, R-4, R-5, R-6 and C-1 districts these regulations shall apply and govern only those structures in which are operated a use or uses, which use or uses, pursuant to the provisions of section 118-311, Off-street parking requirements, are required to provide and maintain more than 800 square feet of off-street parking space.

(b)

Duty to provide off-street loading space; existing uses. The duty to provide the off-street loading space herein required shall be the joint and several responsibility of the operator and owner of the structure or structures for which off-street loading space is required to be provided. No structure shall be designed, erected, altered, used or occupied unless the off-street loading space herein required is provided in at least the amount herein set forth; provided, however, that where off-street loading space is not provided for in structures actually used, occupied and operated on the effective date of this chapter it shall not be required under this chapter after the effective date of this chapter; if such structures are enlarged or expanded, or the uses within such structures are enlarged, expanded or changed, there shall be provided, for the increment only of such structures enlarged, expanded or changed and maintained as herein required, at least the amount of off-street loading space that would be required hereunder if the increment were a separate structure. However, where a lot with an existing structure is cleared and a new structure erected therein, there shall be provided and maintained the off-street loading space required herein.

(c)

Location of off-street loading space. Off-street loading space shall be located on the same lot as the structure for which provided.

(d)

Amount of off-street loading space required. At least the following amounts of off-street loading space shall be provided, plus an area or means adequate for ingress and egress:

(1)

For structures containing less than 25,000 square feet of gross floor area, one berth shall be provided for each 12,500 square feet of gross floor area or increment thereof. Each such berth shall have a net area of not less than 160 square feet.

(2)

For structures containing 25,000 or more square feet of gross floor area, the number of berths is specified in the following table. Each such berth shall be at least ten feet wide, 35 feet long and 15 feet high:

(Ord. No. 3171, § 901, 3-26-62)

State Law reference— Authority to require off-street loading, A.C.A. § 14-56-416(a)(2)(B).

(a)

Purpose. Under the standard provisions of this chapter a separate ground area, referred to in this chapter as a lot, may be designated, provided and continuously maintained for a structure or portion of a structure. Pursuant to the procedure hereinafter set forth, several lots may be combined into one special plan covering a planned building group. The procedure is intended to permit diversification in the location of residential structures and to improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety, welfare and convenience in the use and occupancy of buildings and facilities in planned building groups and to permit the construction of low-cost private housing of good standards and quality.

(b)

Limitation on approval procedure. The procedure hereinafter set forth shall not be construed to waive nor shall there be waived thereby any regulation for any district except the regulation that a separate ground area, herein called the lot, may be designated, provided and continuously maintained for a structure or portion of a structure when separately owned from the other structures or portion of a structure.

(c)

Applicability. The procedure hereinafter set forth shall apply only in districts R-4, R-5, C-1, C-2, C-3, C-4, C-5 and O-1.

(d)

Submission and contents of application for approval. All applications for approval of a special plan hereunder shall be filed with the planning commission by the owner or owners of the entire land area to be included within the special plan, the owner or owners of all structures then existing on said land area and all encumbrancers of said land area and structures; shall contain sufficient evidence to establish that the applicants are the owners and all the encumbrancers of the designated land and structures; shall contain such information and representations required by this chapter or deemed necessary by the commission and shall include plats and plans showing at least the following details drawn to scale:

(1)

The land area which would be included within the special plan, the present zoning classification of the designated area, the land area of all abutting districts and the present zoning classification thereof, all public and private rights-of-way and easements bounding and intersecting the designated area and the abutting districts which are proposed to be continued, created, relocated and/or abandoned;

(2)

The proposed finished grade of the designated area, shown in contour intervals of not to exceed two feet;

(3)

A description of the proposed lot or lots and the boundaries thereof;

(4)

The location of each existing and proposed structure in the designated area, the use or uses to be contained therein, the number of stories, gross floor area and approximate location of all outside facilities for waste disposal;

(5)

All curb cuts, driving lanes, parking areas, loading areas, public transportation points and illumination facilities for the same;

(6)

All pedestrian walks, malls, courts, parks, playgrounds and open areas for use by tenants or members of the public;

(7)

The location and height of walls, fences and screen planting;

(8)

The location, size, height and orientation of all signs other than signs flat on building facilities;

(9)

The types of surfacing, such as paving, turfing or gravel, to be used at the various locations;

(10)

The location of fire hydrants.

(e)

Review of applications for approval. All applications filed hereunder shall be reviewed for completeness by the planning commission staff. If the plans are found to be complete, they shall be transmitted for review to the planning commission and any other agency affected by such plans. Such review shall be based on the standards herein set forth. No development plan hereunder shall be approved unless in full compliance with these standards. Within not more than 60 days from the date on which an application is filed with the commission, it shall approve or disapprove such application in writing, stating, in the case of disapproval, the reasons for the disapproval, and, in all cases, giving due notice to the applicants. Within not more than 45 days after a disapproval as aforesaid, the applicants filing an application which has been disapproved may file with the commission an amendment to the plan or an amended plan. An amendment or amended plan shall be approved or disapproved within not more than 30 days after filing thereof. If on second revision of the amendment to the plan or an amended plan the commission should again disapprove the plan then it shall not be again presented to the commission for a period of one year from the date of the original application. Any approval hereunder may establish necessary conditions and limitations as determined by the commission.

(f)

Compliance with standard provisions of chapter. No application hereunder shall be approved unless the application and the accompanying plats and plans comply with all regulations established for the district or districts in which are located the land areas and structures designated in such application are located, except the regulation that a separate ground area, herein called a lot, shall be designated, provided and continuously maintained for each structure containing a permitted use.

(g)

Site facilities. All special plans hereunder shall make due provision for:

(1)

Adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwaters, and prevent erosion and formation of dust;

(2)

Adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space, and facilities for waste disposal and illumination;

(3)

Adequate amount and proper location of pedestrian walks, malls, courts and landscaped spaces to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls, courts and public transportation loading places from general vehicular circulation facilities;

(4)

Arrangement of buildings and vehicular circulation open spaces so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic;

(5)

Proper arrangement of signs and lighting devices with respect to traffic control devices and adjacent residential districts;

(6)

In residential building groups providing for permanent family occupancy, an adequate amount and safe location of play areas for children and other recreational areas according to the concentration of occupancy;

(7)

In businesses building groups near or abutting residential districts, fences, walls or yearround screen planting when necessary to shield adjacent residential districts from parking lot illumination headlights, fumes, heat, blowing papers and dust and to reduce the visual encroachment of commercial structures, signs and activity on residential privacy and residential neighborhood character.

(h)

Minimum spacing between buildings; orientation of main window exposures and entrances. The following required spacing between buildings shall be measured perpendicularly from any exterior wall exposing windows or an entranceway; it does not apply in corner-to-corner placement of buildings where perpendicular wall exposures do not overlap:

(1)

In buildings containing multiple dwelling units, walls containing main window exposures or main entrances shall be so oriented as to ensure adequate light and air exposure, shall be so arranged as to avoid undue exposure to nearby through trafficways or undue exposure to concentrated loading or parking facilities, and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.

(2)

A building wall exposing both windows and an entranceway shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 50 feet.

(3)

A building wall exposing only windows or only an entranceway shall be located no closer to another building than a distance equal to the height of the taller building of two, but in no case less than 35 feet.

(4)

Any open court area which otherwise complies with standards of minimum spacing and open area of window exposure must, in any case, leave at least 25 percent of its perimeter free and unobstructed for access by emergency vehicles.

(5)

A building group must be so arranged that any building is accessible by emergency vehicles.

(i)

Approved plans to be registered and recorded. After completing its review of a plan, the commission shall return one copy of the plan and all pertinent data, together with a notice of recommendation, to the applicants. All approved plans shall be registered and recorded as hereinafter set forth. Upon approval of the plan, the commission shall register a copy thereof among its records and the applicants shall record a copy thereof, or such other record thereof as deemed proper by the commission, in the office of the county recorder.

(j)

Effect of registration and recording of special plans. All plans registered and recorded hereunder shall be binding upon the applicants therefor, their successors and assigns, shall limit and control the issuance and validity of all building permits and zoning certificates and shall restrict and limit the construction, location, use and operation of all land and structure included within such plans; provided, however, that, upon application to and approval by the commission based only upon a showing of engineering necessity therefor, minor changes in the location of structures may be permitted if such minor changes will not cause any of the following circumstances to occur:

(1)

A change in the character of the development;

(2)

An increase in the ratio of the gross floor areas in structures to the area of any lot;

(3)

An increase in the intensity of use;

(4)

A reduction in the originally approved separations between buildings;

(5)

An increase in the problems of safety, circulation and utilities;

(6)

An increase of the external effects on adjacent property;

(7)

A reduction in the originally approved setbacks from property lines;

(8)

An increase in ground coverage by structures;

(9)

A reduction in the ratio of off-street parking and loading space to gross floor area in structures;

(10)

A change in the subject, size, lighting, flashing, animation or orientation of originally approved signs.

(k)

Amendment or withdrawal of registered and recorded specifications. Pursuant to the same procedure and subject to the same limitations and requirements by which such plans were approved, registered and recorded, all special plans registered and recorded hereunder may be amended or withdrawn, either partially or completely, from registration and released from recording if all land and structures remaining under such plans can be made to comply with all regulations established by this chapter and unrelated to any special plan hereunder. Upon approval of an application hereunder, the commission shall register among its records and shall have the applicants record in the office of the county recorder an appropriate certificate of such amendment or withdrawal.

(Ord. No. 3171, § 1001, 3-26-62)