Unless the context otherwise requires the following definitions shall be used in the interpretation and construction of this chapter; words used in the present tense include the future; the singular number includes the plural, and the plural includes the singular; the word "building" includes the word "structure"' and the word "used" includes arranged, designed, converted, constructed, altered, rented, leased, or intended to be used; the word "shall" is mandatory and not directive; and the word "person" includes a firm, partnership, or corporation as well as an individual.

Accessory building or use means a subordinate structure located on the same lot with the main structure, (except in the case of off-street parking space) or a subordinate use of land, either of which is customarily incidental to the main structure or to the principal use of the land. Where a substantial part of the wall of the accessory structure is a part of the wall of the main building or where an accessory structure is attached to the main building in a substantial manner, as by a roof, such accessory structure shall be counted as a part of the main structure. No building permit for an accessory building or accessory structure shall be issued under any circumstances unless the main structure or building has been constructed and is in use. An accessory use includes, but is not limited to the following:

(1)

Keeping of domestic animals for personal enjoyment or household use, but not including a commercial stable or kennel.

(2)

Domestic or agricultural storage.

(3)

Home occupation (See definition in this section.)

(4)

Incinerator incidental to a principal use.

(5)

Storage of merchandise normally carried in stock in connection with a commercial or manufacturing use.

(6)

Accessory signs.

Alley means a minor public way used for utility easements and vehicular services access to the back or the side of properties abutting a street.

Apartment means a multiple family dwelling (see "dwelling, multiple").

Appurtenance means an improvement, excluding accessory buildings, detached from the principal structure and located on the same lot. Examples include: TV satellite dishes, swimming pool, and ham radio transmitter.

Automobile junk or salvage yard means an area outside of a building where motor vehicles are disassembled, dismantled, junked, or "wrecked", or where motor vehicles not in operable condition or used parts or motor vehicles are stored.

Basement means a story whose floor is more than one foot, but not more than one-half of its story height below the average level of the adjoining ground (as distinguished from a cellar, which is used as a dwelling, shall be counted as a story for purposes of height measurements and as a half story for purposes of side yard determination).

Bed and breakfast inn means a use (1) that takes place within a building that was designed and used as a single family detached dwelling, (2) that consists of a single dwelling unit together with the rental of one or more rooms on a daily or weekly basis to tourists, vacationers, or similar transients, (3) where provision of meals, if provided at all, is limited to the breakfast meal, and (4) where the bed and breakfast operation is conducted primarily by persons who reside within the dwelling unit, with the assistance of not more than the equivalent of one full-time employee.

Board of adjustment means the Board of Adjustment of the City of Paragould is the planning commission, as appointed by the mayor and approved by the city council.

Boarding or lodging home means a dwelling or part thereof where meals and/or lodging are provided for compensation for two or more persons not transients

Building means any structure including a roof supported by walls, designed, or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property and forming a construction that is safe and stable; the word building shall include the word structure.

Building groups means any attached or unattached series of buildings intended for different uses.

Block front means all of the property on one side of the street between two intersecting streets or between an intersecting street and the dead end of a street.

Building coverage means the percentage of the lot area covered by the building. The building area shall include all overhanging roofs.

Building, height of means the vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the structure, exclusive of chimneys, ventilators, or other extension above the roof line that are not intended for occupancy or internal usage by persons.

Building, main or principal means a building in which is conducted or intended to be conducted, the main or principal use of the lot on which said building is located.

Cellar means a story the floor of which is more than one-half of its story height below the average contact ground level at the exterior walls of the buildings.

Child care center means any place, home, or institution which receives seven or more children under the age of 16 years, and not of common parentage, for care apart from their natural parents, legal guardians, or custodians, which received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated, or approved under the laws of this State, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree of the custodial persons, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or engaged in church activities.

City council means the legislative body of the City of Paragould, Arkansas

Clinic, dental or medical means a facility for the examination and treatment of ill and afflicted human out-patients; provided, however, that patients are not kept overnight except under emergency conditions.

Common useable open space means that portion of land or an area of water or a combination of land and water within the site designated and intended for use and enjoyment of residents and owners of the planned unit development and easily accessible to all residents. Common 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 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 a conditional use is a use allowed in a designated zoning district only upon the owner/developer's compliance with various special conditions imposed by the planning commission. Special conditions such as site improvements, buffers, ingress and egress controls, number of occupants or employees, hours or days of operation, control of light and noise may be required to enable a proposed land use to function with minimal conflicts on neighboring properties and implement the policies of the land development plan.

Condominium means for the purpose of the R-4 residential zone, the word "condominium" denotes a form of ownership permitted for residential units within a R-4 residential zone. Said form of ownership provides for residential units to be individually owned, each owner receiving a recordable deed enabling the owner to sell, mortgage, or exchange a residential unit independent of the owners of any other residential unit within a horizontal property regime as defined by Arkansas law. Densities of the condominium development shall be specifically addressed in the application to the planning commission to approve the development and shall be subject to review and approval by the planning commission.

Country club means a chartered, non-profit membership club catering primarily to its membership, providing one or more of the following recreational and social activities: golf, tennis, swimming, riding, outdoor recreation, club house, locker room, and pro shop.

Court means an open, unoccupied, and unobstructed space, other than a yard, on the same lot with a building or group of buildings

Coverage, lot or site means the percentage of the lot or site area permitted to be covered by a building or buildings.

Day care family home means a child care center as defined in this section that provides care for a maximum of six children. See child care center.

Distance between structures means the shortest horizontal distance measured between the outside walls of two structures.

Discontinuance of a nonconforming use of land, or sign means discontinuance of a nonconforming use of land or sign shall mean the discontinuance of the activity and removal of all nonconforming above-surface improvements, equipment, signs, goods, and materials. The requirement of removal shall not apply to contents of a dump.

District, zoning means any section, sections, or divisions of the city for which the regulations governing the use of land density, bulk, height, and coverage of buildings and other structures are uniform

Drive-in commercial uses means any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters, and similar uses.

Dwelling means any building, or portion thereof, which is designed or used as living quarters for one or more families, but not including travel trailers

Dwelling, attached means a dwelling having any portion of one or more walls in common with adjoining dwellings.

Dwelling, detached means a dwelling having open space on all sides

Dwelling, single-family means a dwelling designed to be occupied by one family.

Dwelling, two-family means a dwelling designed to be occupied by two families living independently of each other.

Dwelling, multi-family means a dwelling designed for occupancy by three or more families living independently of each other, exclusive of auto or trailer courts or camps, motels, hotels, or inns. This would specifically include condominiums which are defined as a residential building consisting of multiple units, each under individual ownership, but subject to certain joint agreements and regulations.

Dwelling, rear dwelling means any structure (whether movable or immovable) which is designed primarily for use for residential purposes and which is located or proposed to be located behind and on the same lot or parcel as an existing residential structure and which is not connected by a common wall.

Dwelling, townhouse or row house means two or more dwelling units attached at the side or sides, each unit of which has separate outdoor entrance and is designed to be occupied and may be owned by one family.

Dwelling unit means a room or group of rooms within a dwelling and forming a single habitable unit with facilities for living, sleeping, and cooking

Family means one or more persons related by blood or marriage, including adopted children, or a group or not to exceed four persons not all related by blood or marriage, occupying premises and living as a single, non-profit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A family may include domestic servants employed by said family.

FEMA means the Federal Emergency Management Agency, the federal agency that issues flood plain maps for flood insurance purposes.

Floor area means the sum of the gross horizontal areas of all of the floors of a building or buildings measured from the exterior walls or from the center line of walls separating two buildings.

Garage, private means an accessory building or a part of a main building used for storage purposes only, designed for automobiles used solely by the occupants and their guests of the building to which it is necessary.

Garage, public or repair means a building in which are provided facilities for the care, servicing, repair, or equipping of automobiles.

Gasoline or service station means any building, structure, or land used primarily for the dispensing, sale of fuels, oils, accessories, or minor maintenance and repair services but not including painting, major repairs, or automatic washing facilities.

Hardship means special and unique circumstances affecting a particular lot or parcel of land, including; extreme slopes, wetlands and springs, natural and cultural resources that should not be developed or altered, irregular lot size or shape not caused by the owner. The normal and usual financial requirements necessary for quality development as encountered by the owner or developer are not considered hardships.

Home occupation means a use conducted entirely within an enclosed dwelling which is clearly incidental and secondary to residential occupancy and does not change the character thereof. Specifically excluded is any activity involving building alterations, window display, construction features, equipment, machinery or outdoor storage, any of which is visible from the lot on which located. Any occupation or profession carried on only by the inhabitants and which is conducted entirely within the main building; provided that no trading in merchandise is carried on and in connection with which there is no display of merchandise or sign other than one non-illuminated accessory identification sign, not more than six square feet in area attached to the main building, and no mechanical equipment is used or activity is conducted which creates any noise, dust, odor, or electrical disturbance beyond the confines of the lot on which said occupation is conducted. Multi-level marketing consisting of individual sales and low intensity distribution (limited to two rooms) is allowed.

The term "home occupation" may include the following uses, provided they meet the provisions set forth in this definition:

(1)

Custom dressmaking, millinery, tailoring, sewing of fabrics for custom apparel and custom apparel and custom home furnishings.

(2)

Fabrication and/or assembly of handicraft articles, not involving heating, refining, chemical, or similar processes.

(3)

Foster family care (not more than four children at one time unless they are members of the same family).

(4)

Laundering or pressing.

(5)

Professional office.

(6)

Rooming or boarding of not more than one person.

(7)

Teaching or tutoring, limited to one pupil at a time.

(8)

Beauty or barber shop, provided:

a.

Conducted in main building only,

b.

Diagram of the home, with the location of the shop indicated, is submitted and approved by the planning commission, and

c.

Two off-street parking spaces are provided in addition to the normal residential parking, with a minimum of three off-street parking spaces.

The term "home occupation" shall not be interpreted to include any of the following uses: commercial kennel or stable, sales to customers on the premises, veterinary surgeon, commercial repair of automobiles, appliances, or similar items.

Hospital means an institution providing health services primarily for human inpatient or medical or surgical care for the sick or injured, and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities and staff offices which are an integral part of the facilities.

Hotel means a building or part thereof occupied as a more or less temporary abiding place for individuals in which the rooms are usually occupied singularly for hire and in which room provisions for cooking are generally not made, and in which building there is usually a kitchen and public dining room for the accommodation of the occupants and guests. This definition does not include an auto or trailer court or camp, sanitarium, hospital, asylum, orphanage, or building where persons are housed under restraint.

Institution means an establishment providing for resident and/or aid to persons for charitable, educational, corrective, or religious purposes.

Kennel, commercial means a place where five or more dogs, ten weeks in age or older, are kept.

Land development plan means the land development plan consists of a written text and supporting maps that state the existing conditions in the community and future development patterns and practices that will promote orderly growth. The policies adopted in the land development plan are the guiding concepts used by the planning commissions and city council in the administration of the zoning ordinance.

Lot area means the product of the width multiplied by the length of a zoning lot, or the generally accepted geometrical calculation for irregularly shaped lots.

Lot, back-up or through means an interior lot whose rear line abuts on a thoroughfare other than an alley.

Lot, corner means a lot located at the intersection of and abutting two or more streets.

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

Lot, interior means any zoning lot which is not a corner lot.

Lot line means a boundary of a zoning lot.

Lot line, front means the street line at the front of a zoning lot. The owner, for the purposes of this chapter shall have the privilege of selecting any street lot line as the front lot line.

Lot line, rear means the lot line opposite and most distant from the front lot line.

Lot line, side means a lot line which is not a front lot or a rear lot line.

Lot width means the mean horizontal distance between the side lot lines of a zoning lot.

Lot, zoning means a piece, parcel, or tract of land which is located within a single block fronting on an improved and accepted public street, and is occupied or utilized, or designated to be occupied, developed, or utilized as a unit under single ownership or control for a principal use and uses accessory thereto, together with such open spaces as are required by the ordinance.

Manufactured home means a detached dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at a building site as a permanent residential structure with transport features removed, bearing a seal certifying that it is built in compliance with the current Federal Manufactured Housing Construction and Safety Code.

Master street plan means the master street plan consists of a written text and supporting map(s) that sets forth the minimum standards for street design and construction and indicate the functional classification of existing and proposed roadways within the City of Paragould's Planning Jurisdiction.

Mobile home means any residential dwelling that is constructed on a structural frame for transport and relocation that does not meet the definition herein before described as a manufactured home.

Mobile home park means any lot or plot of ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation, but excluding any lot upon which a single mobile home is permitted by the planning commission.

Nightclub means a facility designed for entertainment purposes which serves alcoholic beverages of any kind, including beer or wine, and permits dancing.

Nonconforming use means any lawful use of a building, structure, or land which does not conform to the applicable use regulations for the district in which it is located, either at the effective date of this chapter or as a result of a subsequent amendment thereto. No existing principal use shall be deemed nonconforming because of lack of required off-street parking or loading space.

Nursing home means any premises where more than three persons are lodged and furnished with meals and nursing care.

Open space means area in any side, rear, or front yard or any other unoccupied space on a lot that is open and unobstructed to the sky except for ordinary projection of cornices, eaves, or porches.

Open use of land means a use which does not involve improvements other than grading, drainage, fencing, surfacing, signs, utilities, or accessory structures. Open uses of land involve, but not limited to auto wrecking yards, junk or salvage yards, dumps, sales yards, storage yards, and race tracks.

Parking lot means an off-street facility including parking spaces and drives and aisles for maneuvering, and providing access and for entrance and exit, developed in a way to accommodate the parking of automobiles.

Parking space means an off-street facility including parking spaces and drives and aisles for maneuvering, and providing access and for entrance and exit, developed in a way to accommodate the parking of automobiles.

Planned unit development means a planned unit development (PUD) is a comprehensively planned residential, commercial or office, land development project in which the standard requirements of the zoning ordinance and subdivision regulations may be varied to permit design flexibility, building clustering, grouping of open space, increased density, and alternatives to public facility improvements.

Planning commission means the City Planning Commission, City of Paragould, Arkansas.

Planning jurisdiction means the Planning Jurisdiction of the City of Paragould is that area indicated on an officially adopted map that includes the corporate limits of the city and those areas beyond the corporate limits up to a distance of five miles, where the city council and planning commission have determined that the community will eventually grow and develop. Zoning jurisdiction is limited to the corporate boundaries. Subdivision regulations may be enforced outside the corporate limits through cooperation with officials of the Greene County Government.

Portable storage container means a portable storage unit shall mean any container, storage unit, shed like container or other portable structure that can be used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building: which includes but not limited to: cargo containers, shipping containers, truck boxes, truck trailers and train cars.

Principal use means the specific primary purpose for which land, building, or structure is used or intended to be used.

Private drives means

(1)

A road or driveway which has not been dedicated for public use and accepted into the city's maintenance program, except as set out herein below in subsection (2), only one permit for residence can be issued on a private drive. A second permit on a private drive must be approved by the city council.

(2)

A private drive may be recommended to the city council by the planning commission when said private drive is designed to accommodate multifamily dwellings such as duplexes in an R2 zone or apartment complexes and mobile home parks in an R3 zone. Private drives that are used to accommodate duplexes, apartment complexes and mobile home parks must meet specifications for streets in the City of Paragould including width and quality of construction in order to accommodate school buses, mail carriers, garbage trucks, fire trucks and police units. Any adverse decision of the planning commission relating to applications for private drives as set out herein may be appealed to the city council. Said appeal must be filed within 30 days of an adverse ruling by the planning commission.

Profession means a vocation requiring specialized knowledge and skills in some department of learning or science. The following criteria must be met to be considered a profession under this section;

(1)

Graduate of a recognized College or University.

(2)

A Profession Licensed by the State of Arkansas.

Professional office means an office in which no activity is carried on catering to retail trade with the general public and no stock of goods is maintained for sales to customers.

Public utility means any person, firm, corporation, municipal department, board or commission, duly authorized to furnish and furnishings to the public, electricity, gas, television cable, telecommunications, transportation, drainage, water, or sanitary sewage.

Scrap yard means any land or area used, in whole or in part, for commercial storage and/or sale of scrap iron and metals for re-melting purposes, and other related items such as hides, automobiles and truck bodies and engines, batteries, waste paper, rags, and other scrap which is not to be sold for the purpose for which it was originally intended.

Salvage yard means any land or area used, in whole or in part, for commercial storage of used motor vehicles for the primary purpose of selling parts from used cars, trucks, or machinery.

Setback means the minimum allowable horizontal distance from a given point or line of reference, such as a thoroughfare right-of-way, to the nearest vertical wall or a building or structure.

Sight triangle means a triangular shaped piece of land established at a street intersection in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorist entering or leaving the intersection. The sight triangle is measured from the intersection of the two rights-of-way, a distance of 25 feet along each right-of-way. Within this sight triangle there shall be no obstruction to vision between a height of two feet and a height of nine feet above the average grade of each street at the centerline of the street. Street name signs, fire hydrants, street lighting poles and associated appurtenances thereto shall be permitted within this area.

Sign means a sign is any structure or part thereof, or any device attached to, painted on, or represented on a building or other structure, upon which is displayed or included any letter, work model, banner, flag, pennant, insignia, decoration, device, or representation used as, or which is in the nature of an announcement, direction, advertisement, or other attention directing device. A sign shall not include a similar structure or device located within a building except for illuminated signs within show windows. A sign includes any billboard, but does not include the flag, pennant, or insignia of any state, city, or other political unit, or any political, charitable, educational, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event.

Sign area means the area within a line including the outer extremities of all letters, figures, characters, and delineations, or within a line including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether it be columns, a pylon, or a building or part thereof, shall not be included in the sign area.

Signs, accessory means a sign that is incidental to the principal use of the structure or land on the lot on which the sign is located.

Sign advertising means a sign which directs attention to a business, commodity, or service which is entirely or primarily conducted, sold, or offered elsewhere than upon the lot on which the sign is located.

Sign, bulletin means an accessory board or sign erected by a church, school, community center, public agency, or institution on its own premises for announcement purposes.

Sign, business means an accessory sign which directs attention to a profession, business, commodity, or service conducted, sold, or offered on the same zoning lot.

Sign, identification means an accessory sign whose content is limited to the name and/or occupation of the occupant of the premises.

Story means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between the floor and ceiling next above it. A half story is a partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of each story.

Street means any public or private thoroughfare which affords the principal means of access to abutting property.

Structure means anything constructed or erected, the use of which requires a fixed location on the ground or attached to something having a fixed location on the ground.

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

Tap room means a facility designed for the consumption of beer or wine along with some items of food which does not have a license to sell any other alcohol beverages, either on premises or off premises, and which does not permit dancing.

Variance means a deviation from these regulations that requires approval of the planning commission, board of zoning adjustment, city council or city staff to be legal. Variances shall be granted only when a clear demonstration of a hardship, as defined herein is presented by the applicant.

Yard means an open space on the same lot with a building unobstructed from the ground upward and measured as the minimum horizontal distance between the lot line and the main building.

Yard, front means a yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than the projections of the uncovered steps, uncovered balconies, terraces, or uncovered porches. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

Yard, rear means a yard extending across the rear of the lot between the side lot lines and measured between the rear lot line in the rear of the main building or any projection other than steps, unenclosed porches, or entrance ways.

Yard, side means a yard between the main building and the side line of the lot, and extending from the front lot line to the rear yard, and being the minimum horizontal distance between a side lot line the side of the main building or any projection thereof.

Zero lot line means a residential development that has no side yard and where a common wall exists or anticipated between dwellings that are located on the property line.

(Ord. No. 99-4, § 3.0, 3-22-1999; Ord. No. 2021-13, § 1, 4-12-2021)