Pine Bluff City Zoning Code

ARTICLE IV

DISTRICT REGULATIONS

Sec. 29-101.- R-1 residential.

(a)

General description and intent. This section applies to the R-1 residential district. This district is intended for use in new single-family residential areas, and older areas platted in lots generally conforming to requirements of this district which are suited only for the use permitted and uses permitted upon review of this district and would compliment and enhance the residential character of the area.

(b)

Permitted uses. The following uses are permitted in this district:

(1)

Single-family dwellings.

(2)

Accessory uses and buildings.

(3)

Home occupations.

(4)

Any single lot subdivided and recorded as of the effective date of this chapter, with a sixty-foot width at the building line and seven thousand two hundred (7,200) square feet of area, may be used at the discretion of the zoning administrator where required R-1 setbacks can be met.

(c)

Uses permitted upon review and approval of planning commission. The planning commission may impose special conditions relating to such considerations as the site plan, screening, or parking as a condition for approval of the following uses or any other uses it deems appropriate for the protection of the public health, safety and welfare:

(1)

Parks and playgrounds.

(2)

Public elementary schools and other educational institutions with curriculum equivalent to a public elementary school.

(3)

Cemetery.

(4)

Golf course.

(5)

Tennis courts.

(6)

Public and semipublic uses.

(7)

Churches (see section 29-37(b)(12)).

(8)

Garage apartment (occupied by relatives).

(9)

Other uses deemed appropriate in the opinion of the planning commission which conform to the basic intent of this district, and which can be demonstrated to be equal to or less intense than other permitted uses in this district.

(10)

Day care family home.

(d)

Parking requirements. Two (2) off-street parking spaces shall be required for each single-family residence. Other uses shall provide parking in conformance with provisions of article V, division 2.

(e)

Height, area and structure regulations. The following height, area and structure regulations apply to this district:

(1)

Height regulations. No building shall exceed two and one-half (2½) stories nor shall it exceed thirty-five (35) feet in height. The height shall be measured from the finished floor level (FFL).

(2)

Space regulations.

Lot area: A minimum of eight thousand four hundred (8,400) square feet.

Lot width: A minimum width at the building setback line of seventy (70) feet.

Front yard: A minimum of thirty (30) feet.

Side yards: The minimum side yard shall be a total of twenty (20) percent of the width of the lot for both sides. No side yard shall be less than seven (7) feet. The side yard on the street side of each corner shall not be less than twenty-five (25) feet.

Rear yard: A minimum of twenty (20) feet.

Accessory buildings: Shall be set back from any property line a minimum of five (5) feet and shall be located only in side and rear yards.

Building coverage: A maximum of forty-five (45) percent of lot area.

(3)

Structure regulations. Only one (1) dwelling unit per lot, regardless of lot size, will be permitted, except garage apartments as provided for in this chapter.

(f)

Dimensions. Each structure shall have minimum width dimension of twenty (20) feet, and shall be finished on a permanent foundation. More than one (1) modular unit may be joined and considered one (1) structure providing that joints are completely sealed in such a manner that they are not visible from the exterior of the structure. This section shall not include storage buildings or other minor accessory structures.

(Ord. No. 4807, as amended, § 7, 2-2-81; Ord. No. 5658, 7-1-96; Ord. No. 6092, §§ 2A, B, 6-7-04)

Sec. 29-102. - R-2 residential.

(a)

General description and intent. This section applies to the R-2 residential district. This district is intended for use in new single-family residential areas, and older areas platted in lots generally conforming to requirements of this district which are suited only for the use permitted and uses permitted upon review of this district and would compliment and enhance the residential character of the area.

(b)

Permitted uses. The following uses are permitted in this district:

(1)

Single-family dwellings.

(2)

Accessory uses and buildings.

(3)

Home occupations.

(4)

Any single lot subdivided and recorded as of the effective date of this chapter, with a fifty-foot width at the building line and five thousand (5,000) square feet of area, may be used at the discretion of the zoning administrator where required R-2 setbacks can be met.

(c)

Uses permitted upon review and approval of planning commission. The planning commission may impose special conditions relating to such considerations as the site plan, screening or parking as a condition for approval of the following uses or any other uses it deems appropriate for the protection of the public health, safety and welfare.

(1)

Parks and playgrounds.

(2)

Cemetery.

(3)

Golf course.

(4)

Tennis courts.

(5)

Public and semipublic uses.

(6)

Public elementary schools and other educational institutions with curriculum equivalent to a public elementary school.

(7)

Churches (see section 29-37(b)(12)).

(8)

Garage apartment (occupied by relatives).

(9)

(10)

Day care family home.

(d)

Parking requirements. Two (2) off-street parking spaces shall be required for each single-family residence. Other uses shall provide parking in conformance with provisions of article V, division 2.

(e)

Height, area and structure regulations. The following height, area and structure regulations apply to this district:

(1)

Height regulations. No building shall exceed two and one-half (2½) stories nor shall it exceed thirty-five (35) feet in height. The height shall be measured from the finished floor level (FFL).

(2)

Space regulations.

Lot area: A minimum of seven thousand two hundred (7,200) square feet.

Lot width: A minimum width at the building setback line of sixty (60) feet.

Front yard: A minimum of twenty-five (25) feet.

Side yards: The minimum side yard shall be five (5) feet. The side yard on the street side of each corner shall not be less than twenty (20) feet.

Rear yard: A minimum of twenty (20) feet.

Accessory buildings: Shall be set back from any property line a minimum of five (5) feet and shall be located only in side and rear yards.

Building coverage: A maximum of forty-five (45) percent of the lot area.

(3)

Structure regulations. Only one (1) dwelling unit per lot, regardless of lot size, will be permitted, except garage apartments as provided for in this chapter.

(f)

(Ord. No. 4807, as amended, § 8, 2-2-81; Ord. No. 5658, 7-1-96; Ord. No. 6092, §§ 2A, B, 6-7-04)

Sec. 29-103. - R-3 residential.

(a)

General description and intent. This section applies to the R-3 residential district. This district is intended for use in residential neighborhoods which meet one (1) or both of the following criteria:

(1)

Lot sizes are generally smaller than those required in the R-1 zone in area or dimension.

(2)

It can be established that the residential character of the neighborhood can best be preserved or improved by allowing a broader mix of uses than allowed in R-1 areas.

(b)

Permitted uses. The following uses are permitted in this district:

(1)

Single-family dwellings.

(2)

Accessory uses and buildings.

(3)

Duplex (with lot area of seven thousand eight hundred (7,800) square feet and a lot width of sixty (60) feet).

(4)

Home occupation.

(5)

(6)

Office uses which comply with the following additional regulations and other city regulations:

Not more than twenty-five (25) percent of the total floor area of the residential structure may be utilized for business purposes.

Not more than one (1) employee or helper not residing on the premises may be utilized at the site of a home office.

There shall be no accumulation of nor outside storage of materials.

The home office may not make use of any on-site accessory building or structure.

Any parking requirement which is a result of such home office must be off-street, and hard-surfaced.

All home offices shall be required to receive the approval of seventy-five (75) percent of the property owners within one hundred (100) feet of the boundaries of their property. Streets and alleys do not count in the one hundred (100) feet.

Signs for home offices shall not be more than one (1) square foot in area, mounted flat against the wall of the principal dwelling, and nonilluminated.

No employee other than the one (1) nonresident allowed may come to the home office for business purposes.

A physician, surgeon, or dentist may use his home infrequently for an emergency, but shall not be considered a home office use.

Clients and customers shall be by appointment only.

No more than two (2) clients or customers may be present at any time.

(c)

Uses permitted upon review and approval of the planning commission. The planning commission may impose special conditions relating to such considerations as the site plan, screening or parking as a condition for approval of the following uses or any other uses it deems appropriate for the protection of the public health, safety and welfare:

(1)

Parks and playgrounds.

(2)

Roominghouse.

(3)

Cemetery.

(4)

Public and semipublic uses.

(5)

Golf course.

(6)

Tennis courts.

(7)

Public elementary schools and other educational institutions with curriculum equivalent to a public elementary school.

(8)

Churches (see section 29-37(b)(12)).

(9)

Garage apartments (occupied by relatives).

(10)

Professional office in a converted functionally obsolete single-family residence.

(11)

Restaurant in a converted functionally obsolete single-family residence.

(12)

(13)

Day care family home.

(d)

Parking requirements. Two (2) off-street parking spaces shall be required for each residential dwelling unit. Other uses shall provide parking in conformance with provisions of article V, division 2.

(e)

Height, area and structure regulation. The following height, area and structure regulations apply to this district:

(1)

Height regulations. No building shall exceed two and one-half (2½) stories nor shall it exceed thirty-five (35) feet in height. The height shall be measured from the finished floor level (FFL).

(2)

Space regulations.

Lot area: A minimum of seven thousand two hundred (7,200) square feet. A duplex must have a minimum of seven thousand eight hundred (7,800) square feet.

Lot width: A minimum width at the building setback line of sixty (60) feet. A duplex shall have a minimum of sixty (60) feet.

Front yard: A minimum of twenty-five (25) feet.

Side yards: The minimum side yard shall be five (5) feet. The side yard on the street side of each corner lot shall not be less than twenty (20) feet.

Rear yard: A minimum of twenty (20) feet.

Accessory buildings: Shall be set back from any property line a minimum of five (5) feet and shall be located only in side and rear yards.

Building coverage: A maximum of forty-five (45) percent of the lot area.

(3)

Structure regulations. Only one (1) dwelling structure per lot, regardless of lot size, will be permitted, except garage apartments as provided for in this chapter.

(f)

(Ord. No. 4807, as amended, § 9, 2-2-81; Ord. No. 5658, 7-1-96; Ord. No. 6092, §§ 2A, B, 6-7-04)

Sec. 29-104. - R-4 residential.

(a)

General description and intent. This section applies to the R-4 residential district. This district is intended for use in residential neighborhoods which meet one (1) or both of the following criteria:

(1)

Lot sizes are generally smaller than those required in the R-3 zone in area or dimension.

(2)

It can be established that the residential character of the neighborhood can best be preserved or improved by allowing a broader mix of residential uses than allowed in R-3 areas.

(b)

Permitted uses. The following uses are permitted in this district:

(1)

Single-family dwellings.

(2)

Accessory uses and buildings.

(3)

Mobile home, on any lot subdivided and recorded as of the effective date of this chapter provided setbacks and parking standards can be met, and on any lot of over fifty (50) feet in width at the building line subdivided after the effective date of this chapter, when established in accordance with this section.

(4)

Home occupations.

(5)

Office uses which comply with the following additional regulations and other city regulations:

Not more than twenty-five (25) percent of the total floor area of the residential structure may be utilized for business purposes.

Not more than one (1) employee or helper not residing on the premises may be utilized at the site of a home office.

There shall be no accumulation of nor outside storage of materials.

The home office may not make use of any on-site accessory building or structure.

Any parking requirement which is a result of such home office must be off-street, and hard-surfaced.

Signs for home offices shall not be more than one (1) square foot in area, mounted flat against the wall of the principal dwelling, and nonilluminated.

No employee other than one (1) nonresident may come to the home office for business purposes.

A physician, surgeon, or dentist may use his home infrequently or for an emergency, but shall not be considered a home office use.

Clients and customers shall be by appointment only.

No more than two (2) clients or customers may be present at any time.

(6)

Duplexes.

(7)

Any single lot subdivided and recorded as of this effective date of this chapter, with a forty-foot width at the building line and four thousand eight hundred (4,800) square feet of area, may be used where required R-4 setbacks can be met.

(8)

Modular homes.

(9)

Manufactured homes.

(c)

Uses permitted upon review and approval of the planning commission. The planning commission may impose special conditions relating to such consideration as the site plan, screening, or parking as a condition for approval of the following uses or any other uses it deems appropriate for the protection of the public health, safety and welfare:

(1)

Parks and playgrounds.

(2)

Roominghouse.

(3)

Youth homes.

(4)

Cemetery.

(5)

Public and semipublic uses.

(6)

Public elementary schools and other educational institutions with curriculum equivalent to a public elementary school.

(7)

Churches (see section 29-37(b)(12)).

(8)

Garage apartment (occupied by relatives).

(9)

Professional office in a converted functionally obsolete single-family residence.

(10)

Restaurant in a converted functionally obsolete single-family residence.

(11)

Golf course.

(12)

Tennis courts.

(13)

(14)

Day care family home.

(d)

Parking requirements. Two (2) off-street parking spaces shall be required for each residential dwelling unit. Other uses shall provide parking in conformance with provisions of article V, division 2.

(e)

Height, area, and structure regulations. The following height, area and structure regulations apply to this district:

(1)

Height regulations. No buildings shall exceed two and one-half (2½) stories nor shall it exceed thirty-five (35) feet in height. The height shall be measured from the finished floor level (FFL).

(2)

Space regulations.

Lot area: A minimum of five thousand (5,000) square feet.

Lot width: A minimum width at the building setback line of fifty (50) feet.

Front yard: A minimum of twenty (20) feet.

Side yards: The minimum side yard shall be a total of ten (10) feet with no one (1) side yard being less than five (5) feet. The side yard on the street side of each corner lot shall not be less than twelve (12) feet.

Rear yard: A minimum of ten (10) feet.

Accessory buildings: Shall be set back from any property line at a minimum of five (5) feet and shall be located only in side and rear yards.

(3)

Structure regulations. Only one (1) dwelling unit per lot, regardless of lot size, will be permitted, except garage apartments as provided for in this chapter.

(f)

Anchoring. Each mobile home, manufactured home, and modular home lot shall be provided with anchors and tiedowns in conformance to specifications required by law or ordinance.

(g)

Foundations. Each mobile home, manufactured home, and modular home shall conform to specifications for mounting foundations and supports required by law or ordinance.

(Ord. No. 4807, as amended, § 10, 2-2-81; Ord. No. 5469, § 1, 11-18-91; Ord. No. 6092, §§ 2A, B, 6-7-04; Ord. No. 6388, §§ 3—6, 3-19-12)

Sec. 29-105. - R-MF multifamily residential district.

(a)

General description and intent. This section applies to the R-MF multifamily residential district. The R-MF districts are intended for primary use of multifamily dwellings at various densities. The appropriate density as designated by the zoning department will be based on the existing land use policy of the city relative to adjacent uses and area use patterns, traffic generation on collector or minor residential streets, and land use plans of the city. Other permitted uses are intended to be compatible or complementary to multifamily residential uses.

(b)

Uses regulations. In the R-MF 12, R-MF 18, and R-MF 21 multifamily residential districts, no building or land shall be used and no building shall be hereafter erected, converted, or structurally altered, unless otherwise permitted by right or on appeal set forth in this section.

(c)

Permitted uses. The following uses are permitted in this district:

(1)

Multifamily residential, including single-family detached dwelling when part of a multiple dwelling complex.

(2)

Public elementary or secondary school and other educational institutions with curriculum equivalent to a public elementary or secondary school.

(3)

Parks and playgrounds.

(4)

Churches (see section 29-37(b)(12)).

(5)

Accessory buildings meeting yard requirements as herein established.

(6)

Accessory recreational uses such as tennis courts, swimming pools, putting greens, and other uses such as laundromats customarily incidental to the above uses when located on the same lot and totally within the building setbacks.

(7)

A sign designating the name of a use or complex.

(d)

Uses permitted upon review and approval of the planning commission. The planning commission may impose special conditions relating to such considerations as the site plan, screening of parking as a condition for approval of the following uses or any other uses it deems appropriate for the protection of the public health, safety and welfare:

(1)

Single-family detached residences meeting dimension requirements of the R-1 or R-2 zones.

(2)

College housing.

(3)

Fraternity or sorority houses.

(4)

Nursing home.

(5)

Public college or university or private college or university offering curriculum equivalent to a public college or university.

(6)

Mobile home park, which must adjoin either a city truck route or a state or federal highway. It must also provide for exclusive entry and exit to the park from said truck route or highway. It must also have an approved mobile home park license from the city collector.

(7)

Institutional or other nonprofit uses not permitted above.

(8)

Cemetery.

(9)

Golf or tennis club or golf course or tennis court.

(10)

Roominghouse.

(11)

Home occupation.

(12)

Professional offices.

(13)

Public and semipublic uses.

(14)

Hospitals.

(15)

Day care centers.

(16)

Youth homes.

(17)

Other uses deemed appropriate in the opinion of the planning commission, which conform to the basic intent of this district, and which can be demonstrated to be equal to or less intense than other permitted uses in this district.

(18)

Day care family home.

(19)

Service clubs and lodges.

(e)

Parking requirements. Parking shall be provided in accordance with provisions of article V, division 2.

(f)

Height and area regulations. In the R-MF multifamily districts, the height of buildings, the minimum dimensions of yards, the minimum detached building separation and the minimum lot area per family shall be as follows:

(1)

Height regulations. In the R-MF multifamily districts, no building hereafter erected or structurally altered shall exceed two (2) stories or thirty-five (35) feet. The height shall be measured from the finished floor level (FFL). A residential planned unit development (R-PUD) shall have height requirements as established by the planning commission on a petition-by-petition basis.

(2)

Exterior yards. All exterior yards shall have a minimum depth of twenty-five (25) feet.

(3)

Interior yards. All interior yards shall have a minimum depth equal to 1.5 times the height of the adjacent building.

(4)

Detached building separation. All detached buildings shall be separated by a distance of not less than ten (10) feet.

(5)

Lot area per family. In the R-MF multifamily districts, every building for multifamily use hereafter erected or structurally altered shall provide a minimum lot area per family or number of units per gross acre.

R-MF 12 districts. 12 units/gross acre or 3,630 square feet per family.

R-MF 18 districts. 18 units/gross acre or 2,420 square feet per family.

R-MF 21 districts. 21 units/gross acre or 2,074 square feet per family.

(6)

Open area. A minimum of five hundred (500) square feet per dwelling unit shall be maintained as landscape area, natural area or outside recreation area. This space shall not be used for drives or parking.

(g)

Height and area exception. Every part of a required yard shall be open from its lowest point to the sky unobstructed except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features, and eaves; provided however, that none of the above projections shall project into a minimum yard more than two (2) feet.

(h)

Screening. In the event that any parking area or multifamily use adjoins a lot in a residential district, a compact evergreen screen or a permanent-type opaque fence of wood or masonry construction having a height of not less than six (6) feet shall be erected and maintained between such parking area or multifamily use and the residential zone and in conformance with all other codes of the city. Any light used to illuminate the parking area shall be so arranged as to reflect the light away from adjacent properties or away from properties located across the street.

(i)

Reconstruction. Any multifamily structure in a RMF district, in existence at the date of the adoption of this ordinance, may in the event of damage or destruction by fire, wind or calamity, rebuild to its former density. Provided, however, that such structures comply with all other requirements and regulations applicable to the district in which it is located.

(Ord. No. 4807, as amended, § 11, 2-2-81; Ord. No. 5931, § 1D, 2-5-01; Ord. No. 6092, §§ 2A, B, 6-7-04; Ord. No. 6175, § 2, 5-1-06)

Sec. 29-106. - R-HR residential high-rise district.

(a)

General description and intent. This section applies to the R-HR residential high-rise district. This district is intended for use in areas where a high-rise residential structure can exist without negatively affecting the scale of the surrounding area. Approval of this zone district will be based on the scale to the area, adjacent uses and area use patterns, traffic generation on collector residential streets, and land use plan of the city.

(b)

Permitted uses. In the R-HR residential high-rise districts no building or land shall be used and no building shall be hereafter erected, converted, or structurally altered, unless otherwise provided in this chapter, except for one (1) of the following uses. (Any request for zoning in this district shall be accompanied by a detailed development plan utilizing the criteria described herein.)

(1)

Multifamily residential.

(2)

Accessory buildings meeting yard requirements as herein established.

(3)

Accessory residential uses such as tennis courts, swimming pools, putting greens, and other uses such as laundromats, customarily incidental to the above uses when located within the main building.

(4)

Commercial services intended primarily for the use of residents of the primary building. Such services cannot occupy more than ten (10) percent of the entire floor area of the primary building and shall have no exterior advertising. Examples of such permitted uses are:

Eating facility.

Pharmacy or sundry shop.

Barbershop.

Beauty shop.

Private club.

(c)

Parking requirements. Parking shall be provided in accordance with the provisions of article V, division 2.

(d)

Height and area regulations. In the R-HR residential high-rise district the height of buildings, the minimum dimensions of yards, and the minimum lot area per family shall be as follows:

(1)

Height. No building shall exceed ten (10) stories in height.

(2)

Lot area. A minimum of nine hundred (900) square feet of lot area per unit, which includes parking.

(3)

Yard requirements. There shall be a minimum yard from any street right-of-way to the building line of twenty-five (25) feet. There shall be a minimum yard from any interior lot line to the building line of fifty (50) feet when the adjacent property is zoned commercial, and seventy-five (75) feet when the adjacent property is zoned other than commercial.

(e)

Screening. In the event that any parking area or multifamily uses adjoins a lot in an R-1, R-2, R-3, or R-4 residential district or is across the street from an R-1, R-2, R-3, or R-4 residential district a compact evergreen screen or a permanent- type opaque fence of wood or masonry construction having a height of not less than six (6) feet shall be erected and maintained between such parking area or multifamily use and the residential zone, and in conformance with all other codes of the city. Any light used to illuminate the parking area will be so arranged as to reflect the light away from adjacent properties or away from properties located across the street.

(Ord. No. 4807, as amended, § 12, 2-2-81)

Sec. 29-107. - R-PUD residential planned unit development district.

(a)

General description and intent. This section applies to the R-PUD residential planned unit development district. The purpose of this section is to provide an innovative voluntary, and alternative zoning procedure to be used in all types, and in the relationship of supporting community facilities in the development of diverse, sound, urban environments under condition of approved site and development plans.

(b)

Requirements. In any residential district, a tract of land may be developed for residential use and for supporting community facilities, provided that approval is obtained by securing a planned unit development permit in compliance with the procedure hereafter delineated. Eligible properties to be used as PUD shall normally be two (2) acres or larger in size (gross acreage). Slightly smaller parcels may be eligible, provided the applicant can show that the proposed PUD can meet the intent of this section without injury to the public health, safety and welfare. The R-PUD may contain any of the community facilities permitted in the district within which the planned unit development lies upon review and approval of the planning commission and city council.

A residential planned unit development may contain the following commercial uses when located within a multiple-family structure, provided that they occupy no more than five (5) percent of the gross floor area of the structure; or if provided in a single structure of a multistructure development, no more than five (5) percent of the total gross floor area of the residential structures within the development; or provided that no public entrance to such uses are visible from the outside of the development and no advertising signs or displays are visible from the outside of the development.

Provided, that the applicant can show that such commercial uses will provide a direct service to the residents in the residential planned unit development; will not substantially alter or affect the residential character of the development; will not duplicate any service or function performed or offered by another facility located within one thousand (1,000) feet of any boundary of the residential planned unit development; and will not be located within two thousand (2,000) feet of any existing commercial district.

(1)

Food or drug store.

(2)

Laundry or dry cleaning pickup station or self-service laundry or dry cleaning facilities.

(3)

Barber and beauty shop.

(4)

Restaurant.

The planning commission, after a public hearing, may grant an R-PUD permit when it finds that the R-PUD proposal is consistent with good general planning practice, consistent with good site planning, can be operated in a manner that is not detrimental to the permitted developments and uses in the district, is visually compatible with the permitted uses in the surrounding area, and is deemed desirable to promote the general welfare of the city. There shall be no minimum height or setback requirements within the development other than provided herein. Those heights and set- backs shown on the approved plan shall become the minimum requirements.

The granting of an R-PUD permit shall be initiated by the filing of a verified application by one (1) or more of the owners or authorized representatives of the property sought to be used for the R-PUD proposal. Application shall be addressed to the zoning department and filed in its public office upon forms and accompanied by such data and information as may be prescribed for that purpose by the planning commission so as to assure the fullest practicable presentation of facts for the permanent record and for adequate preliminary consideration of the proposal. The planning commission shall hold a public hearing within thirty (30) days of acceptance of the application with the procedure required for any other public hearing before the planning commission. If the planning commission gives preliminary approval to the application, the matter shall be forwarded to the city council together with the approval for consideration by that body.

If the application is approved by the city council, the matter shall be returned to the planning commission for consideration of a final development plan, which shall be prepared by the applicant and submitted to the planning commission for approval within one hundred and sixty (160) days after the application was approved by the city council. Upon approval of a final development plan by the planning commission, the plan shall be recorded with the county recorder as an R-PUD, and a permit for development in conformity with the recorded plan shall be issued to the applicant by the director of planning or his agent. No building permit shall be issued by the city for construction of any structure on the tract of land involved that is not in conformity with the recorded R-PUD plan. Unless otherwise stated, substantial work or construction under the permit must be commenced within eighteen (18) months, or the permit shall terminate. If the permit is not reinstated within a period of six (6) months from the date the permit becomes null and void, the city council may order the R-PUD to be vacated.

The planning commission shall, in the instance of every application submitted under this regulation, especially consider architectural, landscape and other relationships, which may exist between the proposed development and the character of the surrounding neighborhood and shall prescribe and require such physical treatment or other limitations as will, in its opinion, enhance the neighborhood character.

Height limitations for structures may be modified by the planning commission, with respect to any structure proposed in an application for an R-PUD permit if the normal requirements for open areas on the premises are modified as follows: Any residential structure exceeding three (3) stories in height or thirty-five (35) feet shall be set back from all R-PUD boundary lines at least one (1) additional foot for each foot of height above thirty-five (35) feet above the average finished floor level (FFL) at the perimeter of such structure.

Setbacks along boundary lines of an R-PUD, and off-street parking requirements applicable in any district shall in no event be diminished by the planning commission, but the planning commission may require that open parking areas be screened by walls, fences, or plant material, or by both methods in order to preserve or complement the general character of any existing developments on adjacent properties.

The planning commission may explicitly impose special conditions relating to any development under this section. These conditions may relate to, but need not be limited to, the following:

(1)

Conditions relative to the type and extent of improvements and landscaping.

(2)

Conditions concerning development, improvements, and maintenance of common ground.

(3)

Conditions relative to the maximum or minimum gross floor area per dwelling unit.

(4)

Conditions prohibiting the development of the property except in accordance with the provisions of the ordinance of the city council approving the preliminary development plan, and prohibiting the issuance of a building permit for any other use or development not in compliance with the above-mentioned city council ordinance.

(5)

In development wherein open spaces, recreational areas or other common lands are provided, the acreage of which is included in the available gross acreage used in the determination of the maximum number of allowable dwelling units in the development, such common land shall be conveyed by the developer in fee simple absolute title by warranty deed to a board of trustees. The trustee shall make provisions by trust indenture for the sole benefit, use, and enjoyment of the lot owners, present and future, or each subdivision authorized under the R-PUD procedure, for term of years certain. The term of years certain shall extend for a period of at least twenty (20) years, or for the duration of the subdivision or development, whichever period of time is less. Thereafter, fee simple absolute title shall vest in the then lot owners or owners of other real property as joint tenants. The rights of the joint tenants shall only be exercisable appurtenant to and in conjunction with their lot ownership or ownership of other real property. Any conveyance or change of ownership of any lot or other real property shall convey with it ownership in the common property. No lot owner or owner of other real property shall have the right to convey his interest in the common property except as an incident of the ownership of a regularly platted lot. Ownership of other real property in the development shall carry with it all the incidents of ownership of the common property although such is not expressly mentioned in the deed; provided, however, that no right of power conferred upon the trustees shall be revoked. Warranty deeds and trust indentures complying with the aforementioned provisions shall have attached thereto a written legal opinion prepared and signed by an attorney licensed to practice law in the state, setting forth the attorney's legal opinion as to the legal form and effect of the deeds and trust indentures. The deeds and indentures shall be approved by the city attorney as to legal form and filed with the county recorder simultaneously with the recording of the final subdivision plat or development plan.

At the option of the applicant, R-PUD may include land designated for dedication for public school or public park use, which land may be considered part of the gross acreage of the development in computing the maximum number of lots that may be created or dwelling units that may be authorized, provided that:

(1)

The area of the proposed R-PUD is at least sixty (60) acres in the case of public school dedication and thirty (30) acres in the case of a public park dedication and thus the dedication is approved by the appropriate school board or park commission.

(2)

The proposed R-PUD is recommended for approval by the planning commission and is approved by the city council.

(c)

Appeal. Upon the disapproval by the planning commission of an application for an R-PUD, the applicant may file an appeal with the city council requesting a determination from that body. A notice of appeal shall be filed within ten (10) days after the planning commission's report is received by the city council at a regular meeting. Notice of appeal to the city council shall be in writing and shall be filed in duplicate with the city clerk accompanied by a fee of seventy-five dollars ($75.00). The applicant shall have an additional thirty (30) days to file the appeal. The appeal shall set forth specifically wherein the application or the final development plan is consistent with good general planning practice, good site planning, can be operated in a manner that is not detrimental to the permitted developments and uses in the district, is visually compatible with the permitted uses in the surrounding area, and is desirable to promote the general welfare of the city.

Upon receipt of an appeal, the city council shall confer with the planning commission. The planning commission shall report thereon to the city council, detailing the relevant facts and considerations of the application. The city council may then affirm, reverse or modify, in whole or in part, any determination of the planning commission or may approve or disapprove any application upon which the planning commission has taken action. A majority vote of the whole city council shall be sufficient to affirm, reverse, modify, or amend any determination of the planning commission.

(Ord. No. 4807, as amended, § 13, 2-2-81)

Sec. 29-108. - B-1 neighborhood business district.

(a)

General description and intent. This section applies to the B-1 neighborhood business district. This district is intended for use in areas of transition from low-density residential uses to more intense nonresidential uses and in areas that are designed to accommodate convenient commercial establishments and that can be operated in harmony with adjacent residential uses. The district is designed to provide commercial land that would normally be located on major arteries or adjacent to more intense uses, but would not adversely affect traffic flow or involve activities that would have an undesirable impact on residential uses.

(b)

Permitted uses. The following uses are permitted in this district:

(1)

Business establishments or offices where retail products are not displayed or advertised in a manner visible from the exterior of a building, and where the sale of such retail products is incidental to the services rendered.

(2)

Beauty shop.

(3)

Barbershop.

(4)

Shoe repair shop.

(5)

Tailor shop.

(6)

Seamstress shop.

(7)

Day care center.

(8)

Bed and breakfast, expanded.

(9)

Bed and breakfast, limited.

(c)

Uses permitted upon review and approval of the planning commission. The planning commission may impose special conditions relating to such considerations as the site plan, screening, or parking as a condition for approval of the following uses or any other uses it deems appropriate for the protection of public health, safety or welfare:

(1)

Drugstore.

(2)

Grocery store.

(3)

Cleaners and laundry.

(4)

Reserved.

(5)

Reserved.

(6)

Hospital.

(7)

Nursing home.

(8)

Clinic.

(9)

Residential uses when located in an existing structure that was originally designed and constructed for residential purposes.

(10)

Residential dwelling units when occupied by the owner or tenant of a permitted use and his immediate family when adjacent to the permitted use.

(11)

Residential dwelling units located above permitted uses.

(12)

Institutional or nonprofit uses not listed under uses permitted.

(13)

Branch offices of financial institutions.

(14)

Public and semipublic uses.

(15)

Churches (see section 29-37(b)(12)).

(16)

Restaurant.

(17)

Multifamily dwelling units up to twenty-one (21) units per gross acre.

(18)

(19)

Single-family residences, only when this use is located in an existing structure that was originally designed and constructed for residential purposes, and only when operating in conjunction with a permitted use.

(20)

Undertaking establishments.

(21)

Service clubs and lodges.

(22)

Instructional service facilities.

(d)

Accessory uses. Up to ten (10) percent of the space of any office building may be used for food service, pharmacy, or retail specialty shop. However, no advertising for such can be visible from the exterior of a building unless approved by the planning commission.

(e)

Parking requirements. Parking shall be provided in accordance with provisions of article V, division 2.

(f)

Height and area requirements. The following height, area and structure regulations apply to this district:

(1)

Height requirements. A building shall have a maximum height of two (2) stories or thirty-five (35) feet. The height shall be measured from the finished floor level (FFL). Additional height may be approved by the board of zoning adjustment; however, building setback requirements shall be increased by one (1) foot for each foot of additional height allowed.

(2)

Area requirements.

Building setbacks shall be a minimum of twenty (20) feet for all main buildings in the front yard and rear yard. A required ten-foot strip along the front and rear property lines must be maintained as natural groundcover or landscaped area, excluding ingress and egress.

Side yard setbacks shall be ten (10) feet. Side yards on a street shall have a minimum of twenty (20) feet. A required ten-foot strip along each side property line shall be maintained as natural ground cover or landscaped area.

(g)

Screening. Where a B-1 district abuts a residential use, or is across the street from a residential district, a compact evergreen screen or permanent-type opaque fence of wood or masonry construction having a height of not less than six (6) feet shall be erected and maintained between such parking areas, interior lines, and the residential zone and in conformance with all other codes of the city. Any light used to illuminate such parking area shall be so arranged to reflect the light away from adjacent properties or from properties located across the street.

(Ord. No. 4807, as amended, § 14, 2-2-81; Ord. No. 5430, §§ 3, 4, 4-1-91; Ord. No. 5515, § 1, 9-21-92; Ord. No. 5784, § 1, 12-7-98; Ord. No. 6092, §§ 2A, C, 6-7-04; Ord. No. 6175, § 2, 5-1-06; Ord. No. 6350, §§ 5, 6, 4-18-11; Ord. No. 6714, § 2, 9-7-21; Ord. No. 6764, § 1, 6-21-22)

Sec. 29-109. - B-2 community and regional shopping center.

(a)

General description and intent. This section applies to the B-2 community and regional shopping center district. This district is intended to accommodate shopping centers providing goods and services on a citywide or regional scale. In approving use of this district, traffic generation, accessibility, adjacent land use, and area use patterns will be considered. This district should normally be located at the intersection of major arteries where development can be accompanied in harmony with adjacent developments.

(b)

Permitted uses. The following uses are permitted in this district:

(1)

Beauty shop.

(2)

Barbershop.

(3)

Shoe repair shop.

(4)

Tailor shop.

(5)

Seamstress shop.

(6)

Retail outlets except lumber companies and building material supply companies.

(7)

Financial institutions.

(8)

Theaters.

(9)

Professional offices.

(10)

Restaurants.

(11)

Drugstore.

(12)

Grocery store.

(13)

Cleaners and laundry.

(14)

Personal services.

(15)

Recreational facilities such as bowling alleys, gymnasiums, and athletic clubs.

(16)

Drive-in and fast food establishments.

(17)

Drive-up window.

(18)

Day care center.

(19)

Commercial indoor amusement facility.

(20)

Restaurant.

(21)

Restaurant, entertainment.

(22)

Diner.

(23)

Instructional service facilities.

(c)

(1)

Gasoline service station provided that body shops or major repair services are not included. (Subject to compliance with conditions as stated under section 29-2, garages, public or repair.)

(2)

Multifamily dwelling units up to twenty-one (21) units per gross acre.

(3)

Public and semi-public uses.

(4)

A building taller than three (3) stories.

(5)

Churches (see section 29-37(b)(12)).

(6)

Hospitals.

(7)

(8)

Single-family residences, only when this use is located in an existing structure that was originally designed and constructed for residential purposes; and only when operating in conjunction with a permitted use.

(9)

Tavern.

(10)

Nightclub.

(11)

Private club.

(12)

Event center (Standing conditions of event centers approved as a UPOR shall be):

Hours of operation limited to 12:00 p.m. midnight. (Requests for later hours may be made as an appeal to the zoning administrator).

Building structure built and designed for proposed conditions i.e. loud music.

Building and fire safety codes met with maximum occupancy clearly noted throughout structure.

No off-premises alcohol to be brought on site.

Should alcohol be permitted the owner would be required to:

Notify the police department in advance.

Request a "temporary" permit from alcohol and beverage control.

Provide on-site security (On-site security shall mean a certified licensed officer or certified armed security).

UPOR and zoning permit revocation following three (3) complaints within a twelve-month period.

(d)

Parking requirements. Parking shall be provided in accordance with provisions of article V, division 2.

(e)

Height and area requirements. The following height and area regulations apply to this district:

(1)

Height requirements. Buildings in this district may be a maximum of three (3) stories in height.

(2)

Area requirements. Land within this district shall have a minimum size of three and one-half (3½) acres. Zero lot lines between buildings shall be permitted provided the following setbacks are met with regard to the outer boundaries of each respective district:

Front yard: A minimum setback of twenty (20) feet which must be maintained as natural groundcover or landscaped area excluding ingress and egress.

Side yard: A minimum of ten (10) feet. A side yard on a street side shall be a minimum of twenty (20) feet. The required setback must be maintained as natural groundcover or landscape area.

Rear yard: A minimum of twenty (20) feet which must be maintained as natural groundcover or landscaped area.

(f)

Screening. Where a B-2 district abuts a residential use or is across the street from a residential district, a compact evergreen screen or permanent-type opaque fence of wood or masonry construction having a height of not less than six (6) feet shall be erected and maintained between such parking areas, interior lot lines, and the residential zone and in conformance with all other codes of the city. Any light used to illuminate the parking area shall be so arranged as to reflect the light away from adjacent properties and properties located across the street.

(Ord. No. 4807, as amended, § 15, 2-2-81; Ord. No. 5430, §§ 4—6, 4-1-91; Ord. No. 6092, § 2C, 6-7-04; Ord. No. 6350, §§ 2, 4, 4-18-11; Ord. No. 6637, § 3, 8-5-19; Ord. No. 6714, § 3, 9-7-21)

Sec. 29-110. - B-3 highway commercial.

(a)

General description and intent. This section applies to the B-3 highway commercial district. This district is intended for uses at locations along major highways and arteries that are not suited for lower intensity uses. It is recognized that uses within this district typically involve substantial interruption of traffic movement and are not compatible with adjacent low-density residential areas. To minimize land use conflict, curb cuts should be minimized and adjacent areas should be zoned in a manner that assures a gradual decrease in use intensity from this district to stable low density residential areas. Because of the impact on traffic flow and adjacent land uses, this zone should not be extended in a strip manner; but should be located so that permitted uses are grouped.

(b)

Permitted uses. The following uses are permitted in this district:

(1)

Retail outlets.

(2)

Beauty shop and/or barbershop.

(3)

Day care center.

(4)

Shoe repair shop.

(5)

Tailor shop.

(6)

Seamstress shop.

(7)

Commercial indoor amusement facility.

(8)

Clinic.

(9)

Financial institutions.

(10)

Theaters.

(11)

Professional offices.

(12)

Restaurants.

(13)

Drugstore.

(14)

Grocery store.

(15)

Cleaners and laundry.

(16)

Personal services.

(17)

Recreational facilities such as bowling alleys, gymnasiums, and athletic clubs.

(18)

Gasoline filling stations. (Subject to compliance with conditions as stated under section 29-2, garages, public or repair.)

(19)

Automobile sales. (Subject to compliance with conditions as stated under section 29-2, garages, public or repair.)

(20)

Motel.

(21)

Nursing home.

(22)

Hospital.

(23)

Restaurant.

(24)

Undertaking establishments.

(25)

Tire sales and services. (Subject to compliance with conditions as stated under section 29-2, garages, public or repair.)

(26)

Mini-warehouses.

(27)

Plant nurseries.

(28)

Lumber companies and building supply companies.

(29)

Wholesale establishments.

(30)

Outdoor advertising signs.

(31)

Restaurant, entertainment.

(32)

Automobile repair garage, body shops, painting, upholstering, reconditioning, excluding major truck repairing and overhauling. These activities shall be carried on indoors. There shall be no outside long term (over sixty (60) days) storage of vehicles, parts or equipment. (Subject to compliance with conditions as stated under section 29-2, garages, public or repair.)

(33)

Furniture sales.

(34)

Small engine repair. (No outside storage of parts or equipment.)

(35)

General office.

(36)

Drive-in and fast food establishments.

(37)

Drive-up window.

(38)

Diner.

(39)

Commercial indoor recreation facility.

(40)

Instructional service facilities.

(c)

(1)

Veterinary clinic.

(2)

Kennel.

(3)

Churches (see section 29-37(b)(12)).

(4)

Public and semipublic uses.

(5)

Buildings taller than three (3) stories.

(6)

Multifamily dwelling units up to twenty-one (21) units per gross acre.

(7)

(8)

(9)

Service clubs and lodges.

(10)

Emergency residential child welfare care facility, only when this use is located in an existing functionally obsolete residential structure.

(11)

Residential child welfare care facility, only when this use is located in an existing functionally obsolete residential structure.

(12)

Institutional and nonprofit uses not listed under uses permitted.

(13)

Tavern.

(14)

Nightclub.

(15)

Private club.

(16)

Event center (Standing conditions of event centers approved as a UPOR shall be):

Hours of operation limited to 12:00 p.m. midnight. (Requests for later hours may be made as an appeal to the zoning administrator).

Building structure built and designed for proposed conditions i.e. loud music.

Building and fire safety codes met with maximum occupancy clearly noted throughout structure.

No off-premises alcohol to be brought on site.

Should alcohol be permitted the owner would be required to:

Notify the police department in advance.

Request a "temporary" permit from alcohol and beverage control.

Provide on-site security (On-site security shall mean a certified licensed officer or certified armed security).

UPOR and zoning permit revocation following three (3) complaints within a twelve-month period.

(d)

Parking requirements. Parking shall be in accordance with provisions of article V, division 2. Parking will be permitted in the first twenty (20) feet (closest to the building) of the required forty-foot setback.

(e)

Height and area requirements. The following height and area requirements apply to this district:

(1)

Height requirements. No building shall exceed three (3) stories or thirty-five (35) feet in height. The height shall be measured from the finished floor level (FFL).

(2)

Space requirements.

Front yard: A minimum setback of forty (40) feet. Ten-foot adjoining right-of-way must be maintained as natural groundcover or landscaped area excluding ingress and egress.

Side yard: A minimum setback of twenty (20) feet for total side yards. No side yard shall be less than five (5) feet. A required five-foot strip along both side property lines must be maintained as natural groundcover or landscaped area.

Rear yard: A minimum setback of twenty (20) feet. A required ten-foot strip along the rear property line must be maintained as natural groundcover or landscaped area.

(3)

Setback for gasoline pumps. The minimum front setback for gasoline pumps and gasoline pump islands shall be reduced from forty (40) feet to twenty-five (25) feet. This does not include any buildings.

(f)

Screening. Where a B-3 district abuts a residential use or is across the street from a residential district a compact evergreen screen or permanent-type opaque fence of wood or masonry construction having a height of not less than six (6) feet shall be erected and maintained between such parking areas, interior lot lines, and the residential zone in conformance with all other codes of the city. Any light used to illuminate the parking area shall be so arranged as to reflect the light away from adjacent properties or from properties located across the street.

(Ord. No. 4807, as amended, § 16, 2-2-81; Ord. No. 5430, §§ 4, 5, 7, 9, 4-1-91; Ord. No. 5515, § 2, 9-21-92; Ord. No. 5931, § 1E, 2-5-01; Ord. No. 6175, § 2, 5-1-06; Ord. No. 6199, § 2, 11-6-06; Ord. No. 6297, §§ 1, 3, 11-2-09; Ord. No. 6350, §§ 2—4, 4-18-11; Ord. No. 6637, § 3, 8-5-19; Ord. No. 6714, § 4, 9-7-21)

Sec. 29-111. - B-4 general commercial.

(a)

General description and intent. This section applies to the B-4 general commercial district. This district is intended for use in areas adjacent to the central business district and other already developed commercial areas not suited for lower intensity zoning categories. It is not intended that new areas will be developed in this category except that existing areas zoned B-4 may be expanded where appropriate. Expansion of such areas will be based on the impact of adjacent land uses and the overall preservation or improvement of the character of adjacent areas, traffic generation on collector or minor residential streets, and land use plans of the city.

(b)

Permitted uses. The following uses are permitted in this district:

(1)

Retail outlets.

(2)

Beauty shop and/or barbershop.

(3)

Day care center.

(4)

Shoe repair shop.

(5)

Tailor shop.

(6)

Seamstress shop.

(7)

Clinic.

(8)

Financial institutions.

(9)

Theaters.

(10)

Professional offices.

(11)

Restaurants.

(12)

Drugstore.

(13)

Grocery store.

(14)

Cleaners and laundry.

(15)

Personal services.

(16)

Recreational facilities such as bowling alleys, gymnasiums, and athletic clubs.

(17)

Automobile sales. (Subject to compliance with conditions as stated under section 29-2, garages, public or repair.)

(18)

Automobile repair garage, body shops, painting, upholstering, reconditioning excluding major truck repairing and overhauling. These activities shall be carried on indoors. There shall be no outside long-term (over sixty (60) days) storage of vehicles, parts or equipment. (Subject to compliance with conditions as stated under section 29-2, garages, public or repair.)

(19)

Motels and hotels.

(20)

Nursing home.

(21)

Hospital.

(22)

Reserved.

(23)

General offices.

(24)

Mini-warehouses.

(25)

Publishing company.

(26)

Undertaking establishments.

(27)

Outdoor advertising signs.

(28)

Tire sales and services. (Subject to compliance with conditions as stated under section 29-2, garages, public or repair.)

(29)

Plant nurseries.

(30)

Building supply companies.

(31)

Veterinary clinic with no outside boarding of animals.

(32)

Commercial indoor amusement facility.

(33)

Gasoline filling stations. (Subject to compliance with conditions as stated under section 29-2, garages, public or repair.)

(34)

Furniture sales.

(35)

Small engine repair. (No outside storage of parts or equipment.)

(36)

Wholesale.

(37)

Drive-in and fast food establishments.

(38)

Drive-up window.

(39)

Restaurant.

(40)

Restaurant, entertainment.

(41)

Diner.

(42)

Commercial indoor recreation facility.

(43)

Bed and breakfast, expanded.

(44)

Bed and breakfast, limited.

(45)

Instructional service facilities.

(c)

(1)

Buildings over four (4) stories.

(2)

Public and semipublic uses.

(3)

Churches (see section 29-37(b)(12)).

(4)

Multifamily dwelling units up to twenty-one (21) units per gross acre.

(5)

Tavern.

(6)

Single-family residences, only when this use is located in an existing structure that was originally designed and constructed for residential purposes; and when operating in conjunction with a legally operating permitted use.

(7)

(8)

Service clubs and lodges.

(9)

Emergency residential child welfare care facility, only when this use is located in an existing functionally obsolete residential structure.

(10)

Residential child welfare care facility, only when this use is located in an existing functionally obsolete residential structure.

(11)

Institutional and nonprofit uses not listed under uses permitted.

(12)

Nightclub.

(13)

Private club.

(14)

Event center (Standing conditions of event centers approved as a UPOR shall be):

Hours of operation limited to 12:00 p.m. midnight. (Requests for later hours may be made as an appeal to the zoning administrator).

Building structure built and designed for proposed conditions i.e. loud music.

Building and fire safety codes met with maximum occupancy clearly noted throughout structure.

No off-premises alcohol to be brought on site.

Should alcohol be permitted the owner would be required to:

Notify the police department in advance.

Request a "temporary" permit from alcohol and beverage control.

Provide on-site security (On-site security shall mean a certified licensed officer or certified armed security).

UPOR and zoning permit revocation following three (3) complaints within a twelve-month period.

(d)

Parking requirements. Parking shall be provided in accordance with the provisions of article V, division 2.

(e)

Height and area requirements. The following height and area requirements apply to this district:

(1)

Height requirement. The maximum height of use in this district shall be four (4) stories or sixty (60) feet. The height shall be measured from the finished floor level (FFL).

(2)

Area requirements.

Rear yard: A minimum setback of twenty (20) feet. A required ten-foot strip along the rear property line must be maintained as natural groundcover or landscaped area.

Side yard: A minimum setback or twenty (20) feet for total yards. No side yard shall be less than ten (10) feet. A required five-foot strip along both side property lines must be maintained as natural groundcover or landscaped area.

Front yard: A minimum setback of twenty (20) feet. Ten (10) feet adjoining right-of-way must be maintained as natural groundcover or landscaping area excluding ingress and egress.

(f)

Screening. Where a B-4 district abuts a residential use or is across the street from a residential district a compact evergreen screen or permanent-type opaque fence of wood or masonry construction having a height of not less than six (6) feet shall be erected and maintained between all parking areas, interior lot lines, and the residential zone and in conformance with all other codes of the city. Any light used to illuminate the parking area shall be so arranged as to reflect the light away from adjacent properties or from properties located across the street.

(Ord. No. 4807, as amended, § 17, 2-2-81; Ord No. 5430, §§ 4, 5, 8, 9, 4-1-91; Ord. No. 5931, §§ 1F, 1G, 2-5-01; Ord. No. 6175, § 2, 5-1-06; Ord. No. 6199, § 2, 11-6-06; Ord. No. 6297, §§ 2, 4, 11-2-09; Ord. No. 6350, §§ 2—6, 4-18-11; Ord. No. 6637, § 3, 8-5-19; Ord. No. 6714, § 5, 9-7-21)

Sec. 29-112. - B-5 central business district.

(a)

General description and intent. This section applies to the B-5 central business district. This district is intended to be applied to the downtown area of the city. Expansion of this district should be based on the overall impact on the downtown and adjacent area with respect to height, off-street parking, and area requirements of this zone.

(b)

Permitted uses. The following uses are permitted in this district:

(1)

Stores offering special types of consumer household goods such as furniture, rugs and carpets, household appliance stores, radio and television sales and services, sewing machine sales and services, interior decorating shops, paint and wall paint (paper), hardware, etc.

(2)

Other stores offering goods such as department stores, antique shops, pawnshops, book and stationary stores, camera and photography stores, hobby shops, jewelry, gift and novelty shops, china and glassware shops, optical goods, sporting goods stores, pet shops, auto parts stores, etc.

(3)

Offices, professional and business.

(4)

Eating and hotel establishments.

(5)

Finance, insurance and real estate offices.

(6)

Personal services such as beauty and barber services; shop repair; watch, clock and jewelry repair; bookkeeping services; apparel repair and alteration; dry cleaning services; repair shops for home appliances; employment offices.

(7)

Private schools such as music and art schools, barber and beauty schools, business schools, dance schools.

(8)

Other activities and services such as bars, taverns and package liquor stores; business associations such as professional membership organizations, labor unions, civic and fraternal organizations; theaters; private clubs; seasonal farm produce open-air markets; recreational centers.

(9)

Wholesale tobacco, wholesale candy, vending machine companies.

(10)

Parking lots.

(11)

Commercial indoor amusement facility.

(12)

Drive-in and fast food establishments.

(13)

Drive-up window.

(14)

Churches.

(15)

Restaurant.

(16)

Restaurant, entertainment.

(17)

Diner.

(18)

Instructional service facilities.

(c)

(1)

Drive-in banking facilities and branch banking facilities.

(2)

All governmental buildings.

(3)

Tavern.

(4)

Park and recreational facilities.

(5)

Parking garages.

(6)

Multiple-family dwelling above the ground floor.

(7)

Construction of new buildings conforming to district use regulations.

(8)

Buildings taller than seven (7) stories.

(9)

Public and semipublic uses.

(10)

(11)

Other uses deemed appropriate in the opinion of the planning commission which conform to the basic intent of this district and which can be demonstrated to be equal to or less intense than other permitted uses in this district.

(12)

Day care center.

(13)

Nightclub.

(14)

Private club.

(15)

Event center (Standing conditions of event centers approved as a UPOR shall be):

Hours of operation limited to 12:00 p.m. midnight. (Requests for later hours may be made as an appeal to the zoning administrator).

Building structure built and designed for proposed conditions i.e. loud music.

Building and fire safety codes met with maximum occupancy clearly noted throughout structure.

No off-premises alcohol to be brought on site.

Should alcohol be permitted the owner would be required to:

Notify the police department in advance.

Request a "temporary" permit from alcohol and beverage control.

Provide on-site security (On-site security shall mean a certified licensed officer or certified armed security).

UPOR and zoning permit revocation following three (3) complaints within a twelve-month period.

(d)

Parking requirements. The following parking requirements apply to this district:

(1)

No minimum off-street parking is required in this district.

(2)

Parking spaces inside the CBD shall not be utilized in calculations for required off-street parking for uses outside the CBD.

(3)

The zoning official must approve all designs for parking lots, loading and unloading areas, and ingress and egress from parking areas to public streets.

(e)

Height and area requirements. The following height and area requirements apply to this district:

(1)

Maximum height of buildings shall not exceed seven (7) floors.

(2)

Maximum floor area ratio will be seven (7).

(Ord. No. 4807, as amended, § 18, 2-2-81; Ord. No. 5931, § 1H, 2-5-01; Ord. No. 6092, §§ 2C, 6-7-04; Ord. No. 6323, §§ 1, 2, 7-6-10; Ord. No. 6350, §§ 2, 4, 4-18-11; Ord. No. 6637, § 3, 8-5-19; Ord. No. 6699, § 1, 4-19-21; Ord. No. 6714, § 6, 9-7-21)

Sec. 29-112.1. - B-6 University Drive district.

(a)

Intent and purpose. The University Drive district is established to enhance the quality and compatibility of development, to establish consistent architectural and design guidelines, to encourage the most appropriate use of land, and to implement the University Park Neighborhood Plan as adopted by the City of Pine Bluff [Resolution 2743]. The district is deemed necessary to enhance the aesthetic and visual character of lands adjacent to University Drive, to provide both commercial and residential opportunities through innovative development techniques, to encourage homeownership, and to further develop this commercial and residential area of the city by promoting the unique assets of the area including the University of Arkansas at Pine Bluff, Lake Saracen, and Brumps Bayou.

The intent of the University Drive district is to create a medium-density urban neighborhood that offers people the opportunity to live, work, shop, and recreate in a pedestrian-friendly environment. University Drive's character, vitality, quality, and functionality are important to the city because it is the city's primary thoroughfare serving north Pine Bluff and the university area and as such carries high numbers of local travelers and visitors. Therefore, a further purpose is to establish development and use standards that will promote the quality, scale, character, and type of development consistent with the corridor's high level of importance to the city. The goal shall be an economically healthy mixed-use neighborhood with features, streetscapes, public spaces, and building forms embodying a unique sense of place.

Guidelines and strategies must be in place to protect the district from the negative impact of poorly planned or incompatible projects. Incompatible development has the potential to destroy the attributes that will attract people to the district.

(b)

Delineation of district. The boundaries of the University Drive district are shown on the official zoning map for the city. The B-6 district consists of five (5) tiers, each providing distinct qualities that promote the purpose of the district.

(1)

Tier one—Commercial (B-6.1). The commercial tier (tier one) is located generally on both sides of University Drive encompassing the first two hundred (200) feet of frontage from U.S. 65B (Martha Mitchell Expressway) north to the city limits. It excludes the boundaries of the main campus of the University of Arkansas at Pine Bluff and the properties delineated in tier two—university commercial. The commercial tier provides for many different types of business activities normally expected on a major street network without allowing those not furthering the intent of the district. Legally described as beginning at a point being the center point of the intersection of University Drive and U.S. 65B, thence west to the centerline of Hickory Street extended, thence north along centerline to the centerline of Scull Street, thence east one hundred fifty (150) feet, thence north to the centerline of Reed Street, thence east to the centerline of Short Cedar Street, thence north to the centerline of Fluker Street, thence east approximately six hundred thirty-six (636) feet along the centerline of Fluker Street to a point being approximately one hundred (100) feet east of the Arkansas Game and Fish property line of Lake Saracen, thence south to the centerline of Brumps Bayou washout, thence southwesterly along the centerline of Brumps Bayou washout to the centerline of Plum Street, thence south to the centerline of Bell Street, thence west one hundred fifty (150) feet, thence south to the centerline of Saracen Street, thence east forty-four (44) feet, thence south to the centerline of U.S. 65B, thence west to the point of beginning; and beginning at a point along the centerline of Collegiate Drive being one hundred forty (140) feet east of the centerline of Hickory Street thence northerly maintaining a distance of one hundred ninety-five (195) feet parallel to the west right-of-way of University Avenue and extending to the city limits, thence to a point being two hundred (200) feet east of the east right-of-way of University Drive, thence south maintaining a distance of two hundred (200) feet parallel to the east right-of-way of University Avenue to the centerline of State Highway 935, thence southwesterly along the centerline of said highway to the centerline of University Avenue, thence north to the centerline of Collegiate Drive extended, thence west to the point of beginning.

(2)

Tier two—University commercial (B-6.2). The university commercial tier is located generally in the area in front of the university campus proper. Legally described as beginning at the intersection of Short Cedar and Fluker Street, thence north to the centerline of Collegiate Drive, thence east to the centerline of University Drive, then south along centerline of University Drive to the centerline of Highway 935 extended, thence northeasterly along said centerline to a point being one hundred (100) feet east of the east right-of-way of Arkansas Game and Fish Lake Saracen property line, thence south maintaining a one-hundred-foot distance from said Lake Saracen right-of-way to the centerline of Fluker Street right-of-way, thence west to the point of beginning.

(3)

Tier three—Mixed-use commercial-residential (B-6.3). The mixed-use commercial-residential tier is generally located two (2) blocks north and south of the center line of King Street, east to one hundred (100) feet west of the watercourse of Lake Saracen and west to two hundred (200) feet of University Drive. It flanks the University Drive tier one properties and provides for an environment where commercial uses and residential uses may exist harmoniously. Commercial facilities may be located alone or select commercial facilities may be located on the ground floor of a building and single or multi-family residences may be located on the second floor. This tier expands both commercial and retail opportunities and is located so as to be able to take advantage of Lake Saracen. Legally described as beginning at a point being thirty (30) feet north and seventy-six (76) feet west of the northeast corner of Lot 1, Block 4 of Hollands Res Brumps, 31-5 S-9 W, south to the centerline of Vaugine Street, thence east to a point being one hundred (100) feet west of the centerline of Brumps Bayou, thence maintaining a line parallel to and one hundred (100) feet from said centerline to a point one hundred (100) feet west of the right-of-way of the Arkansas Game and Fish Lake Saracen property line, thence maintaining a line parallel to and one hundred (100) feet from said property line to the centerline of Brumps Bayou washout, thence southwesterly along the centerline of Brumps Bayou washout to the centerline of Plum Street, thence south to the centerline of Bell Street, thence west one hundred fifty (150) feet, thence south to the centerline of Saracen Street, thence east one hundred twenty (120) feet to the point of beginning.

(4)

Tier four—Mixed-use residential (B-6.4). Tier four provides for mixed residential uses so as to offer a variety of income levels a selection of housing types integrated with each other and the surrounding tiers. Tier four is generally described as being located south of Fluker Street, north of Pullen Street, west to Cypress Street and east to approximately two hundred (200) feet of University Drive. The tier also flanks the commercial tier one district. Within tier four, single-family homes may be developed on existing lots or as residential planned urban developments (R-PUD). Low density multi-family residences may only be developed under an R-PUD. Legally described as beginning at the intersection of Fluker Street and Cypress Drive, thence east to the centerline of Short Cedar Street, thence south to the centerline of Reed Street, thence west to the midline of Lots 3 and 4, Block 17, Geisreiters Addition Subdivision NE Frl ¼ Section 31-5-9, thence south to the centerline of Scull Street, thence west one hundred fifty (150) feet to the centerline of Hickory Street, thence south to the centerline of U.S. 65B (Martha Mitchell Expressway), thence west to the centerline of Cypress Street, thence north to the point of beginning.

(5)

Tier five—Recreation (B-6.5). Tier five is generally located in two (2) sections: (1) land currently designated as Golden Lion Park, (2) Brumps Bayou between U.S. 65B and Lake Saracen, and (3) those properties within one hundred (100) feet on each side of the watercourse and Lake Saracen. This tier is intended to provide for limited recreational opportunities and to curb encroachment on sensitive environmental areas. Legally described as extending one hundred (100) feet on both sides of the centerline of Brumps Bayou from Pullen north to Lake Saracen; and one hundred (100) feet west and parallel to the Arkansas Game and Fish Lake Saracen property line from Brumps Bayou north to Highway 935 extended, and to the city limit line along the northern section of Lake Saracen.

(c)

District land uses.

(1)

Use chart. The permitted land uses within each tier of the district are shown in subsection (c)(2). Uses are either permitted, subject to approval of a use permitted on review by the planning commission or not permitted. The zoning official may determine if a proposed land use not listed on the use chart is in keeping with the intent of the university district and should be considered by the planning commission for a UPOR.

(2)

Nonconforming uses and structures. All uses and structures lawfully located within the boundaries of the university district as of the date of adoption by the city council shall be permitted to continue in operation, existence, and expansion subject to the provisions for nonconforming uses and structures set forth in sections 29-51 through 29-80 of the City Code of Ordinances.

	Tier One	Tier Two	Tier Three	Tier Four	Tier Five
Single-family dwelling	N	N	P	P	N
Accessory structures	N	N	N	P	N
Home occupation	N	N	N	P	N
Residential planned urban development (R-PUD)	N	N	UPOR	UPOR	N
College education facilities and offices	P	P	N	N	N
Parks and recreation	N	P	N	N	P/UPOR
Mixed-use commercial-residential	P	P	P	N	N
Retail outlets	P	N	P	N	N
Beauty shop and/or barbershop	P	N	N	N	N
Liquor store	UPOR	N	N	N	N
Auto repair	UPOR	N	N	N	N
Gasoline filling station	UPOR	N	N	N	N
Clinic	P	N	N	N	N
Financial institutions	P	N	N	N	N
Theater	P	P	P	N	N
Professional office	P	P	P	N	N
Restaurant	P	UPOR	UPOR	N	N
Restaurant, entertainment	P	N	UPOR	N	N
Outdoor cafe	P	P	P	N	N
Tavern	UPOR	N	UPOR	N	N
Drugstore	P	N	N	N	N
Grocery store	P	N	N	N	N
Cleaners and laundry	P	N	N	N	N
Personal services	P	N	N	N	N
Convenience store	P	N	N	N	N
Hotel	UPOR	N	N	N	N
Commercial indoor amusement facility	P	N	UPOR	N	N
Day care center	UPOR	UPOR	N	N	N
Recreational facilities	P	P	UPOR	N	N
General office	P	P	P	N	N
Drive-in and fast food establishments	P	N	N	N	N
Drive-up window	P	N	N	N	N
Veterinary clinic with no outside kennels	P	N	N	N	N
Public and semi-public uses	UPOR	P	UPOR	N	N
Buildings taller than three stories	UPOR	UPOR	N	N	N
Churches	UPOR	UPOR	UPOR	UPOR	UPOR

P = Permitted; N = Not Permitted; UPOR = Requires Planning Commission Approval

(d)

Design and development standards—Tiers one, two, and three. The purpose of the design and development standards for tiers one, two, and three is to bring about renovations to existing commercial structures and compatible new construction by promoting building forms, materials, and site design improving the architectural and visual character of the University Drive corridor and to create a pedestrian-oriented college and tourist corridor. The university district standards are intended to promote a street-front experience engaging both pedestrians and automobile travelers.

(1)

General regulations.

The development of any site in the University Drive district shall be in accordance with an approved site plan.

Commercial and office uses shall be designed and operated so neighboring residents are not exposed to unreasonable noise, especially from late-night activity. No amplified music shall be audible to neighboring residents. Common walls and ceiling/floors between residential and non-residential uses shall be constructed to minimize the transmission of noise and vibration.

All outdoor lighting associated with commercial uses shall be designed so as not to adversely impact surrounding residential uses, while also providing a sufficient level of illumination for access and security purposes. Such lighting shall not blink, flash, oscillate, or be of unusually high brightness. Also, parking areas shall be illuminated so as to provide appropriate visibility and security during hours of darkness.

All storage and work performed shall be conducted within a permanent opaque building conforming to all provisions of the building design section of the university district.

Loading or service areas including refuse and recycling must be out of public view and must not front onto the street.

No commercial use shall be designated or operated so as to expose residents to offensive odors, dust, electrical interference, and/or vibration.

Residential, commercial, and office uses in a mixed-use development shall provide combined and private bulk sanitation service for the entire development.

Electric and communications transformers shall be screened from public view through below grade installation, landscaping, or masonry walls.

All other mechanical equipment must be behind or on top of buildings and screened from public view.

Signs shall be permitted in accordance with section 22-36 of the City Code; however, roof signs, portable signs, and billboard and off-premise signs shall not be permitted.

Mixed-use commercial-residential structures shall contain one (1) or more of the following uses on the ground floor: retail; restaurant; cultural activities; entertainment; or similar uses. Residential units are not allowed on the ground floor of any mixed-use commercial-residential development to ensure the commercial character of the corridors in the district.

Within qualifying mixed-use commercial-residential structures, the minimum square footage for one (1) bedroom residential units shall be seven hundred fifty (750) square feet, for two-bedroom residential units one thousand (1,000) square feet, and for three-bedroom or greater residential units one thousand two hundred (1,200) square feet, plus an additional two hundred (200) square feet for each bedroom beyond four (4).

(2)

Site design. In order to create a sense of enclosure and defined space, buildings shall be arranged to frame and define the fronting streets giving deliberate form to streets and sidewalk areas. Defining the street is done by employing a similar setback for all buildings from the right-of-way.

Any building abutting a public right-of-way shall be oriented to the street. When a structure is to be located on a corner lot where one (1) of the streets is University Drive, the structure shall face University Drive. The primary entry or entries for all ground-floor commercial units abutting the street shall open to the primary street, not to the interior of the site or to a parking lot. Entries on corner lots may be angled and/or recessed. Secondary entrances may face parking lots or other interior site areas.

The front yard setback shall be twenty (20) feet from the building to the property line. Structures shall not be set back farther than twenty (20) feet without a variance from the board of zoning adjustment, or if a UPOR, site plan approval by the planning commission.

A five-foot sidewalk shall be provided along all streets. If a sidewalk is present on the site or in the street right-of-way abutting the site, but is of insufficient width, the additional sidewalk width shall be provided in accordance with the UAPB/University Drive Landscape and Streetscape Plan, when adopted. The sidewalk may be constructed within the street right-of-way with the permission of the Arkansas Highway and Transportation Department or the city street manager and according to the applicable regulations.

Front yards between the sidewalk and the building shall be treated as a plaza or courtyard with appropriate landscaping and streetscape, accordance with the UAPB/University Drive Landscape and Streetscape Plan, when adopted. Outdoor dining areas and public art where applicable are encouraged at building fronts and may be located on private property in the front yard between the sidewalk and the building.

Parking shall be as set forth in article V, division 2 of this chapter and in accordance with the regulations in this section. Parking shall be located in the side and/or rear yard of properties. Driveway specifications for University Drive shall be governed by the Arkansas Highway and Transportation Department (AHTD) regulations for access driveway permits. These permits are issued by the permit officer for AHTD's district two. Driveway specifications for streets other than University Drive shall be governed by the city street department. Rear yard parking on property adjacent to or impacting Lake Saracen is subject to approval by the planning and zoning staff, an alternative parking location, number of spaces, or type of surface may be required or negotiated by the staff.

Curb cuts shall be minimized on University Drive and King Street. As the intent of the district is to prioritize a pedestrian-friendly environment and the primary location of parking in the side and/or rear of properties, parking and service areas should be accessed via east-west streets and alleys, where feasible. Requests for curb cuts onto University Drive and King Street will be reviewed for appropriateness by the zoning official and street superintendent. One (1) curb cut is allowed on University Drive or King Street for each two hundred (200) feet of frontage per property.

Shared parking lots and drives between adjacent properties are encouraged. Properties with approved shared parking or shared parking and drive agreements receive a twenty (20) percent reduction in the required number of parking spaces.

All parking lots shall be landscaped in order to enhance the aesthetics of a property, provide shade protection, and reduce impervious surface through environmental design. All parking lots shall be screened, for the purpose of minimizing views of parked cars from the public right-of-way, by a landscaped treatment along all property lines which abut the public right-of-way. Landscape treatments, including a dense hedge, berming, low decorative masonry walls, or raised masonry planters (overall height including any plantings shall not exceed three (3) feet) may be used to screen parking lots from adjacent streets and walkways. In addition, one (1) shade tree as specified in the UAPB/University Drive Landscape and Streetscape Plan shall be planted for every ten (10) parking spaces. The required trees shall be contained within planter islands having a concrete curb or other appropriate barrier to protect trees from vehicles and shall be a minimum of eighty (80) square feet.

A six-foot minimum side setback maintained as green space is required between a building and the side property lines. It is also required between side-yard parking facilities and the side property lines and between a driveway servicing the rear yard parking and the side property lines, except when adjoining property owners are utilizing the same driveway or sharing parking facilities. The side yard setback between a building and a public right-of-way shall be sixteen (16) feet maintained as green space. Side yard setbacks abutting public rights-of-way shall contain one (1) street tree for every thirty (30) feet of depth of the property and provide for pedestrian amenities in the type and quantity specified in the UAPB/University Drive Landscape and Streetscape Plan.

As a method to maximize green space in the corridor, adjacent property owners should coordinate green space between lots so that smaller segments of green space can be combined to create large open space areas. Pedestrian walkways through parking areas to the sidewalk/main entrance are encouraged.

A twenty-five-foot setback is required where the rear property line directly abuts a residential zoned property not located within the university district or properties located in tier four. Parking may occur within the required twenty-five-foot setback as long as a screening fence or wall not less than six (6) feet in height is installed within the required buffer. Said screen shall be constructed in accordance with section 29-138 of this chapter.

Pedestrian lighting fixtures shall be installed as per the grid system developed for the University Park district. Fixtures are required on street rights-of-way other than University Drive to be located in the front yard or street side setback. Placement and style of the pedestrian lighting shall be similar to or complementary to the fixtures placed on University Drive and approved by the planning and zoning staff.

A parking lot lighting plan shall be developed and submitted for approval by the planning and zoning staff with the development application. The lighting plan shall incorporate safety design along with lighting for pedestrian walkways. All outdoor lighting fixtures shall be designed, installed, located and maintained such that all direct illumination is kept within the boundaries of the fixture owner's property and shall complement the public lighting located within the University Drive corridor.

(3)

Building design.

Maximum building height shall be forty-five (45) feet.

Pitched roof styles are encouraged. Flat roof styles are allowed because they are the traditional style of the historical buildings contained within the UAPB campus. Decorative cornice lines shall be incorporated to clearly identify the top of the building.

In two-story or higher structures, the upper and lower facades shall be clearly delineated using architectural elements to create a recognizable base, middle and top of the building.

Awnings or a change in the roofline shall be used as a way to define the entry of buildings facing rights-of-way. Awnings may protrude three (3) feet into the front yard setback.

The ground level of buildings should be designed at a scale to and with elements to enhance the pedestrian experience and environment using CPTED (Crime Prevention Through Environmental Design) principles to provide clear visibility for persons within and outside of buildings, on sidewalks, and parking areas.

Recessed doorways may not be recessed more than five (5) feet from the front facade unless a courtyard, cafe, window display, or similar space is provided between the doorway and the sidewalk.

The upper stories of all street-facing facades shall contain at least thirty (30) percent opening through the use of windows, bays, porches, or other similar architectural elements. These openings shall not exceed seventy-five (75) percent of the street-facing facades.

Exterior finishes shall be primarily natural wood siding, masonry, stone, stucco, or a combination of these. No visible portion of a building wall shall be constructed of corrugated material, sheet metal, or barren and unfinished cinder block. Standing seam metal roofs are acceptable.

(e)

Design and development guidelines—Tier four. The purpose of the design and development guidelines for tier four is to provide for mixed-use residential development complementing the design of the commercial and mixed-use commercial-residential zones, allowing for creative residential design instead of limiting such design to a single residential type or income, and provide an expanded population base to support the businesses located in the University district.

(1)

General regulations.

Single-family homes and single-family home developments (new subdivisions or re-plats) shall be developed in accordance with the underlying district regulations with the following exceptions:

Lots shall have a minimum of sixty (60) feet of frontage.

Lots shall contain a minimum of six thousand (6,000) square feet.

Each single-family home shall be a minimum of one thousand two hundred (1,200) square feet of living space.

Accessory structures for all dwellings shall be constructed of the same materials and in a similar style and appearance as the primary structure. Accessory structures must be located in the rear yard, except detached garages may be located in the side yard next to the primary structure.

Condominiums, garden homes, duplexes, triplexes, and fourplexes shall be allowed only as a part of a residential planned urban development (R-PUD) containing at least seventy-two thousand (72,000) square feet of land and where at least fifty (50) percent of the number of housing units to be developed are single-family homes.

(2)

Site design of R-PUDs.

The design and appearance of all structures contained in the R-PUD and their relation to each other and the adjacent tiers or zoning classifications will be an element considered by the planning commission in determining whether to approve the proposed R-PUD.

Different types of housing (e.g., single-family, duplex) shall be mixed within the R-PUD and not be clustered with like structures.

The structures in the R-PUD may be located on individual platted lots, or be part of a platted development utilizing basic footprints for structure locations with the remaining properties surrounding these footprints belonging to a property owners association or similar body.

When individual lots are utilized, the following minimum area requirements shall apply:

Lots shall have a minimum of sixty (60) feet of frontage.

Lots for single-family homes shall contain a minimum of six thousand (6,000) square feet.

Lots for two-family units shall contain seven thousand two hundred (7,200) square feet.

Lots for three- and four-family units shall contain nine thousand (9,000) and ten thousand five hundred (10,500) square feet respectively.

Each housing unit shall have a minimum of nine hundred (900) square feet of heated and cooled living space. Each additional bedroom beyond one (1) shall require an additional two hundred (200) square feet of heated and cooled living space.

In order to have some uniformity in front setbacks, the front setback shall be in character with the prevailing setback of the homes on the block or ten (10) feet if a prevailing setback does not exist for a particular block. All other setbacks shall be the same as the underlying zoning district.

Parking for each dwelling unit shall be two (2) paved spaces per dwelling unit. No parking shall be allowed in the front yard setback. Parking for each unit shall be covered and be attached to or located to the side or rear of the unit(s). The main entry to the dwelling shall not be through the garage or carport.

No building shall exceed two and one-half (2½) stories, nor shall it exceed thirty-five (35) feet in height. The height shall be measured from the finished floor level (FFL).

When the footprint option is selected, the property contained within the R-PUD must be re-platted as one (1) individual lot and the following requirements shall apply:

Front, rear, and perimeter side yard setbacks shall be those of the underlying district.

Building separation shall be ten (10) feet or as required by the city fire department.

Parking for each unit shall be those of the individual lots set forth in the previous paragraph.

Common access driveways running in front of or behind the structures may be utilized if permitted by the planning commission.

A property owners association (POA) or similar body agreement shall be submitted with the R-PUD and shall include among other things the methods for care and upkeep of all common lands within the R-PUD.

(f)

Design and development guidelines—Tier five. The purpose of the design and development guidelines for tier five is to provide for recreational opportunities while protecting environmentally sensitive areas. Generally, a buffer zone is necessary to provide for lake access, flood control, and lake management.

(1)

General regulations.

Park development permitted within the tier five areas includes passive park uses such as benches, picnic tables, and walking trails.

Any type of development other than passive park improvements to be implemented by anyone other than the city shall require UPOR approval by the planning commission and shall be governed by the policies on land use around Arkansas Game and Fish Commission Lakes.

Parking applicable to the type of recreational development will be required based on the recreational facility site plan and shall be approved by the planning and zoning staff. Any parking lot development shall be accomplished or approved by local government street or road departments and shall include such best management practices as necessary to protect both Lake Saracen and Brumps Bayou from storm water runoff.

(Ord. No. 6533, § 1, 12-7-15)

Sec. 29-113. - CI-PUD commercial-industrial planned unit development.

(a)

General description and intent. This section applies to the CI-PUD commercial-industrial planned unit development district. The purpose of this section is to provide an innovative, voluntary and alternate zoning procedure in the B commercial and I industrial districts in order to permit minor flexibility in commercial and industrial uses beyond that permitted in the particular districts, under conditions of approved site and development plans.

(b)

Requirements. Any B commercial or I industrial district may be designated as a planned unit development provided that approval is obtained for a commercial or industrial PUD permit in compliance with the procedure in this section.

The planning commission, after a public hearing, may grant a commercial or industrial PUD permit when it finds that the commercial or industrial PUD proposal:

(1)

Is consistent with good planning practice and good site planning;

(2)

There is a direct relationship or linkage between the use or uses for which a permit is sought and an existing permitted use in the district in which the use is to be located;

(3)

Can be operated in a manner that is not detrimental to the permitted developments and uses in the district.

In addition it must be visually compatible with the permitted uses providing it meets the above criteria.

The granting of a commercial and industrial PUD permit shall be initiated by the filing of a verified application by one (1) or more of the owners or authorized representatives of the owners of the property sought to be used for the commercial or industrial PUD proposal. Applications shall be addressed to the planning commission and filed in the city zoning official's office upon forms supplied by the city zoning official's office and accompanied by such data and information as may be prescribed for that purpose by the planning commission so as to assure the fullest practicable presentation of facts for the permanent record and for adequate preliminary consideration of the proposal. The planning commission shall hold a public hearing on the application consistent with the procedure required for any other public hearing before the planning commission. If the planning commission gives preliminary approval to the application, the matter shall be forwarded to the city council together with the approved plans for consideration by that body. If the application is approved by the city council, the matter shall be returned to the planning commission for consideration of a final development plan, which shall be prepared by the applicant and submitted to the planning commission for approval within one hundred twenty (120) days after the application was approved by the city council. Upon approval of a final development plan by the planning commission, the plan shall be recorded with the county recorder as a commercial and industrial PUD plan, and a permit shall be issued to the applicant by the director of planning. No building permit shall be issued by the city for construction of any structure on the tract of land involved that is not a conformity with the recorded commercial and industrial PUD permit. Unless otherwise stated, substantial work or construction under the permit must commence within a period of six (6) months from the date the permit was issued or it becomes null and void. The city council may order the commercial and industrial PUD permit to be vacated in this event.

The planning commission shall, in the instance of every application submitted under this regulation, consider architectural, landscape and other relationships, which may exist between the proposed development and the character of the surrounding neighborhood and shall prescribe and require such physical treatment or other limitations as will, in its opinion, preserve the neighborhood character.

Off-street parking requirements as reflected in article V, division 2 shall in no event be diminished by the planning commission, but the planning commission may require that open parking areas be screened by walls, fences, or plant material in order to preserve or complement the general character of any existing developments on adjacent properties.

The planning commission may explicitly impose special conditions relating to any development under this section. These conditions may relate to, but need not be limited to, the following:

(1)

Conditions relative to the type and extent of improvements and landscaping.

(2)

Conditions concerning development, improvements and maintenance of common ground.

(3)

Conditions relative to the maximum or minimum gross floor area per unit.

(4)

Conditions relating to height and area requirements.

(5)

In developments wherein open spaces, recreational areas, or other common lands are provided, the acreage of which is included in the available gross acreage used in the determination of the maximum number of allowable building square feet in the development, the common land shall be conveyed by the developer in fee simple absolute title by warranty deed to a board of trustees. The trustees shall make provisions by trust indenture for the sole benefit, use and enjoyment of the lot owners, present and future, of each subdivision or development, whichever period of time is less. Thereafter fee simple absolute title shall vest in the then lot owner or owners of other real property as joint tenants. The rights of the joint tenants shall only be exercisable appurtenant to and in conjunction with their lot ownership or ownership of other real property. Any conveyance or change of ownership of any lot or other real property shall convey with it ownership in the common property. No lot owner or owner of other real property shall have the right to convey his interest in the common property except as an incident of the ownership of a regularly platted lot or ownership of other real property in the development. The sale of any lot or other real property in the development shall carry with it all the incidents of ownership of the common property although such is not expressly mentioned in the deed, provided, however, that no right or power conferred upon the trustees shall be revoked. Warranty deeds and trust indentures complying with the aforementioned provisions shall have attached thereto a written legal opinion prepared and signed by the attorney licensed to practice law in the state setting forth the attorney's legal opinion as to the legal form and affect of the deeds and trust indentures. The deeds and indentures shall be approved by the city attorney as to legal form and filed with the county recorder simultaneously with the recording of the final subdivision plat or development plan.

(c)

Appeal. Upon the disapproval by the planning commission of an application for a commercial and industrial PUD permit, the applicant may file an appeal with the city council requesting a determination from that body. A notice of appeal shall be filed within ten (10) days after the planning commission's report is received by the city council at a regular meeting. Notice of appeal to the city council shall be in writing and shall be filed in duplicate with the city clerk accompanied by a fee of seventy-five dollars ($75.00). The applicant shall have an additional thirty (30) days to file the appeal. The appeal shall set forth specifically wherein the application or the final development plan is consistent with good general planning, good site planning, the nature of the direct relationship or linkage between the use for which a permit is sought and an existing permitted use in the district in which the use is to be located, can be operated in a manner that is not detrimental to the permitted developments and uses in the district, is visually compatible with the permitted uses in the surrounding area, and is desirable to promote the general welfare of the city.

Upon receipt of an appeal, the city council shall confer with the planning commission. The planning commission shall report thereon to the city council, detailing the relevant facts and considerations of the application. The city council may then affirm, reverse, or modify in whole or in part, any determination of the planning commission or may approve or disapprove any application upon which the planning commission has taken action. A majority vote of the whole city council shall be sufficient to affirm, reverse, or modify any determination of the planning commission.

(Ord. No. 4807, as amended, § 19, 2-2-81)

Sec. 29-114. - I-1 light industrial.

(a)

General description and intent. This section applies to the I-1 light industrial district. This district is intended for wholesale distribution establishments, warehousing, fabrication, processing, manufacturing and assembly plants, and uses of a similar nature where located on a relatively small parcel in close proximity to other uses. These light industrial uses shall not generate odors, smoke, fumes, or excessive noise that are detectable to the normal senses at a zoning of a less intensive zone.

(b)

Permitted uses. The following uses are permitted in this district:

(1)

Assembly of electrical appliances, electronic instruments and devices, radios and phonographs including electroplating; the manufacture of small parts only, such as coils, condensers, transformers, crystal holders and the like.

(2)

Truck painting, rebuilding, reconditioning, body and fender work, truck repairing and overhauling, tire retreading or recapping, battery manufacturing, gasoline filling stations, and the like.

(3)

Contractor's equipment storage yard or plant, retail sales of equipment commonly used by contractors.

(4)

Distribution plants, parcel delivery, ice and cold storage plants, bottling plants and wholesale food commissary or catering establishments.

(5)

Cemetery.

(6)

Riding academy.

(7)

Outdoor advertising signs.

(8)

Mini-warehouse.

(9)

The following limitations on the external effects of permitted uses will apply in all cases:

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces.

All materials or wastes which might cause fumes or dust or which might constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors in closed containers. Such materials shall not be construed to include lumber or other similar products being stored in a manner which complies with the health and safety codes of the city.

(10)

Sexually oriented businesses, subject to the definitions and provisions of chapter [29, art. VII,] sexually oriented businesses, of the Pine Bluff Code of Ordinances.

(c)

Uses permitted upon review and approval of the planning commission. The planning commission may impose special conditions relating to such considerations as the site plan, screening, or parking as a condition for approval of the following uses or any other uses it deems appropriate for the protection of the public health, safety and welfare:

(1)

Automobile salvage yard when screened in a manner described in section 29-63 and this section.

(2)

Junk dealers when screened in a manner described in section 29-63 and this section.

(3)

Public and semipublic uses.

(4)

Churches (see section 29-37(b)(12)).

(5)

(6)

Day care center.

(7)

Service clubs and lodges.

(8)

Event center (Standing conditions of event centers approved as a UPOR shall be):

Hours of operation limited to 12:00 p.m. midnight. (Requests for later hours may be made as an appeal to the zoning administrator).

Building structure built and designed for proposed conditions i.e. loud music.

Building and fire safety codes met with maximum occupancy clearly noted throughout structure.

No off-premises alcohol to be brought on site.

Should alcohol be permitted the owner would be required to:

Notify the police department in advance.

Request a "temporary" permit from alcohol and beverage control.

Provide on-site security (On-site security shall mean a certified licensed officer or certified armed security).

UPOR and zoning permit revocation following three (3) complaints within a twelve-month period.

(9)

(d)

Off-street parking requirements. Off-street parking shall be provided in accordance with article V, division 2. In all cases, the forwardmost twenty (20) feet of the front yard shall be maintained as unobstructed open space and shall not be used for parking unless control is provided to prevent backings of vehicles into a street through curblines, entrances, and exits or otherwise interfering with moving traffic; and in any event, the forwardmost five (5) feet shall remain as unobstructed open space for proper site distance.

(e)

Off-street loading requirements. There shall be area or means adequate for ingress or egress which shall be so arranged as to permit maneuvering of vehicles to reach a loading space utilizing property on the lot only.

(f)

Height requirements. Buildings may be erected to a height of thirty-five (35) feet. The height shall be measured from the finished floor line (FFL). Where it can be demonstrated that equipment and structures to house the operation will require a greater height than the height limitation, the height limitation may be waived upon application to the board of zoning adjustment. It is provided that elevator shafts, air conditioning units, cooling towers, water tanks, and other appurtenances necessary and accessory to the permitted use may exceed the height limit up to sixty (60) feet total height, provided that for every five (5) feet of increment above the permitted height of thirty-five (35) feet, there shall be one (1) foot additionally required front, side and rear yard; and further provided that no illuminated sign, nameplate, display or advertising device of any kind shall be inscribed or attached to the portion of any structure exceeding the height limitation.

(g)

Area requirements. The following area requirements shall apply in this district:

(1)

The area of the lot occupied by all structures shall not exceed sixty (60) percent of the total lot area.

(2)

No building shall be expanded and no new building constructed on any parcel having a width of less than sixty (60) feet at the front building line.

(3)

No building shall be expanded and no new building shall be constructed on any parcel having less than six thousand (6,000) square feet of area.

(4)

Buildings shall provide a front yard of not less than twenty (20) feet, a rear yard of not less than twenty (20) feet, and two (2) side yards, each not less than fifteen (15) feet, provided however, that where a railroad track is used jointly, the side yard or rear yard of the track side may be reduced to conform to the track layout.

(h)

Landscape area and screening requirements. Each lot shall provide and maintain a landscaped area in the front and side yard setback area. Such landscaped areas must cover at least thirty-five (35) percent of the total front and side yards. A landscaped strip at least ten (10) feet wide shall be provided on each street property line. This landscaped strip shall not be paved except for appropriate driveways and walks. The area shall be suitably treated with ground cover, trees, and shrubs to present an attractive appearance to the industrial district. Where an I-1 district abuts a residential district or is across a street from a residential district, a compact evergreen screen or permanent opaque fence of wood or masonry construction having a height of not less than six (6) feet shall be erected and maintained between parking areas for storage, interior lot lines, and the residential zone.

(Ord. No. 4807, as amended, § 20, 2-2-81; Ord. No. 5922, § 1A, 12-20-00; Ord. No. 6092, §§ 2D, 6-7-04; Ord. No. 6175, § 2, 5-1-06; Ord. No. 6637, § 3, 8-5-19; Ord. No. 6845, § 1, 8-19-24)

Sec. 29-115. - I-2 heavy industrial.

(a)

General description and intent. This section applies to the I-2 heavy industrial district. This industrial district is intended to provide for heavy industrial uses and other uses otherwise provided for in the industrial districts established by this chapter. The intensity of uses permitted in this district makes it most desirable that they be separated from residential and most commercial uses. Due to the intensity of uses that are potentially allowable in this district, all uses (except those uses allowed in I-1 districts) will be allowed only after review and approval of the planning commission. This review will ensure that maximum measures will be taken to protect other industries that may be located in the area and land uses adjacent to the industrial districts. Industries wishing to be permitted upon review may be asked to submit data on performance standards pertaining to emission of odor, noise, vibration, glare, etc., to determine their compatibility with surrounding land uses.

(b)

Permitted uses. The following uses are permitted in this district:

(1)

(2)

Truck painting, rebuilding, reconditioning, body and fender works, truck repairing and overhauling tire retreading or recapping, battery manufacturing, gasoline filling stations, and the like.

(3)

Contractor's equipment storage yard or plant, retail sales of equipment commonly used by contractors.

(4)

Distribution plants, parcel delivery, ice and cold storage plants, bottling plants and wholesale food commissary or catering establishments.

(5)

Cemetery.

(6)

Riding academy.

(7)

Outdoor advertising signs.

(8)

Mini-warehouse.

(9)

The following limitations on the external effects of permitted uses will apply in all cases:

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces.

(10)

Sexually oriented businesses, subject to the definitions and provisions of chapter 29, art. VII, sexually oriented businesses, of the Pine Bluff Code of Ordinances.

(11)

[Reserved.]

(12)

Public and semipublic uses.

(c)

Uses permitted upon review and approval of the planning commission. The planning commission may impose special conditions relating to such considerations as the site plan, screening, or parking as a condition for approval of the following uses or any other uses it deems appropriate for the protection of the public health, safety and welfare:

(1)

The manufacturing, compounding, processing, packing or assembling of such products where the specific locations and the safeguards provided will minimize the noise, dust, odor, or vibration so as not to be detrimental or dangerous to the health, safety, or general welfare of persons occupying adjacent properties or the citizens of the city and will conform to the fire code of the city.

(2)

Storage of bulk materials when the specific location and safeguards provided will so minimize through fencing or screening the danger of fire or explosion so as not to be dangerous to the health, safety, or general welfare of persons occupying adjacent properties, or of citizens of the city.

(3)

Public and semipublic uses.

(4)

(5)

Churches (see section 29-37(b)(12)).

(6)

(7)

Automobile salvage yard when screened in a manner described in section 29-63 and this section.

(8)

Junk dealers when screened in a manner described in section 29-63 and this section.

(9)

Day care center.

(10)

Service clubs and lodges.

(11)

Event center (Standing conditions of event centers approved as a UPOR shall be):

Hours of operation limited to 12:00 p.m. midnight. (Requests for later hours may be made as an appeal to the zoning administrator).

Building structure built and designed for proposed conditions i.e. loud music.

Building and fire safety codes met with maximum occupancy clearly noted throughout structure.

No off-premises alcohol to be brought on site.

Should alcohol be permitted the owner would be required to:

Notify the police department in advance.

Request a "temporary" permit from alcohol and beverage control.

Provide on-site security (On-site security shall mean a certified licensed officer or certified armed security).

UPOR and zoning permit revocation following three (3) complaints within a twelve-month period.

(d)

Storage of materials. The storage of materials in this district shall comply with the following:

(1)

No materials or wastes shall be deposited upon a lot in such a form or manner that they may be transferred off the lot by natural causes or forces.

(2)

(e)

Off-street parking requirements. Off-street parking shall be provided in accordance with article V, division 2. In all cases, the forwardmost twenty (20) feet of the front yard shall be maintained as unobstructed open space and shall not be used for parking unless control is provided to prevent backing of vehicles into a street through curblines, entrances, and exits; and in any event, the forwardmost five (5) feet shall remain as unobstructed open space for proper site distance. Parking will not be permitted in a manner so as to result in a vehicle backing into any street or otherwise interfering with moving traffic.

(f)

On-lot loading and unloading facilities. Each structure or use shall provide on-lot loading and unloading facilities which will allow such activities to be carried on without blocking or in any way interfering with a street, alley, or public way.

(g)

Area regulations. The following area uses shall apply in this district:

(1)

No structure may cover more than thirty-three and one-third (33⅓) percent of its total lot area.

(2)

All structures shall be built at least twenty-five (25) feet from all property lines.

(3)

Where property abuts a railroad where siding facilities are utilized, structures may be built up to the railroad property lines.

(h)

Landscaped area and screening requirements. Each lot shall provide and maintain a landscaped area in the front and side yard setback area. Such landscaped areas must cover at least thirty-five (35) percent of the total front and side yards. A landscaped strip at least ten (10) feet wide will be provided on each property line. This landscaped strip shall not be paved except for appropriate driveways and walks. The area shall be suitably treated with ground cover, trees, and shrubs to present an attractive appearance to the industrial district. Where an I-2 district abuts a residential district, a compact evergreen screen or permanent opaque fence of wood or masonry construction having a height of not less than six (6) feet shall be erected and maintained between parking areas or storage areas, interior lot lines, and the residential zone and in conformance with other codes of the city. Any light used to illuminate the parking or storage areas shall be arranged to reflect the light away from adjacent properties or from properties located across the street.

(Ord. No. 4807, as amended, § 21, 2-2-81; Ord. No. 5430, §§ 10, 11, 4-1-91; Ord. No. 5922, § 1B, 12-20-00; Ord. No. 6092, § 2D, 6-7-04; Ord. No. 6175, § 2, 5-1-06; Ord. No. 6637, § 3, 8-5-19)

Sec. 29-116. - I-3 general industrial.

(a)

General description and intent. This section applies to the I-3 general industrial district. This industrial district is intended to be applied to older industrial areas in the city where industrial establishments exist that cannot meet criteria included in other zoning categories, and where less restrictive regulations are deemed more appropriate and consistent with existing conditions. It is not intended that this district be used for large tracts of undeveloped industrial land for locating new industry.

(b)

Permitted uses. The following uses are permitted in this district:

(1)

Brake foundry.

(2)

Cloth mill.

(3)

Archery equipment.

(4)

Poultry processing and packing.

(5)

Concrete mixing.

(6)

Wood flooring manufacturing.

(7)

Sawmill.

(8)

Welding shop.

(9)

General contractors and construction company.

(10)

Oil products storage.

(11)

Lumberyard.

(12)

[Reserved.]

(13)

Warehousing, storage, and wholesale distribution of products and equipment in a manner that meets all other codes and ordinances of the city.

(14)

Mini-warehouse.

(15)

Iron products manufacturing.

(16)

Fertilizer manufacturing.

(17)

Paper products manufacturing.

(18)

Cotton seed manufacturing.

(19)

Railroad switching yards.

(20)

Pulp wood storage.

(21)

Pipe yard.

(22)

Outdoor advertising signs.

(23)

Gasoline filling station.

(24)

Sexually oriented businesses, subject to the definitions and provisions of chapter 29, art. VII, sexually oriented businesses, of the Pine Bluff Code of Ordinances."

(c)

Uses permitted upon review and approval of the planning commission. The planning commission may impose special conditions relating to such considerations as the site plan, screening, or parking as a condition for approval of any uses it deems appropriate for the protection of the public health, safety, and welfare:

(1)

Public and semipublic uses.

(2)

Other uses deemed appropriate in the opinion of the planning commission which conform to the basic intent of this district. This shall not include uses listed in other districts.

(3)

Churches (section 29-37(b)(12)).

(4)

(5)

Automobile salvage yard when screened in a manner described in section 29-63 and this section.

(6)

Day care center.

(7)

Service clubs and lodges.

(8)

Event center (Standing conditions of event centers approved as a UPOR shall be):

Hours of operation limited to 12:00 p.m. midnight. (Requests for later hours may be made as an appeal to the zoning administrator).

Building structure built and designed for proposed conditions i.e. loud music.

Building and fire safety codes met with maximum occupancy clearly noted throughout structure.

No off-premises alcohol to be brought on site.

Should alcohol be permitted the owner would be required to:

Notify the police department in advance.

Request a "temporary" permit from alcohol and beverage control.

Provide on-site security (On-site security shall mean a certified licensed officer or certified armed security).

UPOR and zoning permit revocation following three (3) complaints within a twelve-month period.

(d)

Area regulations. The following area regulations shall apply in this district:

(1)

All structures shall provide a front yard of not less than twenty (20) feet.

(2)

All structures shall provide a side yard, each not less than ten (10) feet and a rear yard not less than twenty (20) feet except that where any yard line abuts an industrial district that yard shall be reduced so that the industrial facility may be located adjacent to the spur.

(e)

Height regulations. Buildings may be erected to a height of thirty-five (35) feet. The height shall be measured from the finished floor level (FFL). Where it can be demonstrated that equipment and structures to house the operation will require a greater height than the height limitation, the height limitation may be waived upon application to the board of zoning adjustment. It is provided that elevator shafts, air conditioning units, cooling towers, water tanks, and other appurtenances necessary and accessory to the permitted uses may exceed the height limit up to sixty (60) feet, total height, provided that for every five (5) feet of increment above permitted height of thirty-five (35) feet, there shall be one (1) additional foot required for front, side and rear yard; and further provided that no illuminated sign, nameplate, display, or advertising device of any kind, shall be inscribed or attached to the portion of any structure exceeding the height of limitation.

(f)

Off-street parking. Off-street parking shall be provided in accordance with article V, division 2. In all cases, the forwardmost twenty (20) feet of the front yard shall be maintained as unobstructed open space and shall not be used for parking unless control is provided to prevent backing of vehicles into a street through curblines, entrances and exits or otherwise interfering with moving traffic; and in any event the forwardmost five (5) feet shall remain as unobstructed open space for proper site distance.

(g)

Off-street loading requirements. There shall be an area or means adequate for ingress and egress which shall be so arranged as to permit maneuvering of vehicles to reach a loading space utilizing property on the lot only.

(h)

(Ord. No. 4807, as amended, § 22, 2-2-81; Ord. No. 5430, §§ 10, 12, 13, 4-1-91; Ord. No. 5922, § 1C, 12-20-00; Ord. No. 6092, § 2D, 6-7-04; Ord. No. 6175, § 2, 5-1-06; Ord. No. 6637, § 3, 8-5-19)

Sec. 29-117. - I-4 industrial.

(a)

General description and intent. This section applies to the I-4 industrial district. This industrial district is intended to provide for industrial, manufacturing, warehousing or distribution purposes in Jefferson Industrial Park and the Harbor Industrial District.

(b)

Permitted uses. Industrial, manufacturing, warehousing or distribution facilities are permitted in this district.

(1)

Use permitted on review: Day care center.

(c)

Use limitations. Any establishments devoted primarily to the retail sale of merchandise or to the furnishing of services to the general public is prohibited. No land or premises shall be used for the manufacture, storage, distribution or sale of any materials or products which shall increase the insurance rates of adjoining property or for any purposes which constitute a nuisance in the generally accepted definition of that term.

(d)

Parking requirements. On-site parking space for employees, customers and visitors shall be provided. Public streets shall not be used for parking. The surface of all driveways and permanent parking areas shall be of concrete, asphalt, or other bituminous material. Parking requirements outlined in article V, division 2 shall not be applicable to this district.

(e)

Loading and unloading facilities. Truck docks must be so situated that trucks, tractors, trailers or any combination thereof may not, while being either loaded or unloaded, project beyond the right-of-way of any street bordering the property.

(f)

Screening and landscaping. Screening and landscaping shall be provided pursuant to respective restrictive covenants.

(g)

Signs. Billboard posters and other advertising signs are prohibited, except those signs which identify the property owner's facility.

(h)

Area regulations. Buildings erected within this district shall not be closer than seventy-five (75) feet from the right-of-way line of primary arterial streets, fifty (50) feet from other street rights-of-way and twenty-five (25) feet from side property lines of individual tracts.

(Ord. No. 4807, as amended, § 22(A), 2-2-81; Ord. No. 6092, § 2E, 6-7-04)

Sec. 29-118. - R-R recreational.

(a)

General description and intent. This section applies to the R-R recreational district. This district is intended for use in areas where recreational uses can exist without negatively affecting the traffic flow or involve activities that would have an undesirable impact on residential uses. The purpose of this section is to provide an innovative and alternative zoning procedure to be used to provide areas of community recreational benefit. Approval of this zone district will be based on the scale of the area, adjacent uses and area use patterns.

(b)

Requirements. In any residential district, a tract of land may be developed for recreational use, provided that approval is obtained by securing a recreational development permit in compliance with the procedures hereafter delineated. Eligible properties to be used as R-R shall not be less than fifteen (15) acres in size (gross acreage) and must have a completed master plan of proposed uses.

The planning commission, after a public hearing, may grant a R-R permit when it finds that the R-R proposal is consistent with good planning practice, consistent with good site planning, can be operated in a manner that is not detrimental to the permitted developments and uses in the district, is visually compatible with the permitted uses in the surrounding area, and is deemed desirable to promote the general welfare of the city.

The granting of a R-R permit shall be initiated by the filing of a verified application by the property owner(s) or an authorized representative of the property sought to be used for the R-R proposal. Applications shall be addressed to the zoning department and filed in its public office upon approved forms and accompanied by such data and information as may be prescribed for that purpose by the planning commission, as well as a master plan of the proposed use of the parcel so as to assure the fullest practical presentation of the facts.

The commission shall, at its earliest scheduled public hearing, review the applicants proposal as to merit and compatibility and submit its findings to the city council for consideration by that body.

The planning commission shall, in the instance of every application submitted under this regulation, especially consider architecture, landscape and other relationships which may exist between the proposed development and the character of the surrounding neighborhood and shall prescribe and require such physical treatment or other limitations as will, in its opinion, enhance the neighborhood character.

(c)

Permitted uses. The following uses are permitted in this district:

(1)

Parks and playgrounds.

(2)

Nonprofit recreational uses (e.g. playing fields).

(3)

Commercial uses providing recreational activities when consistent with the submitted master plan (e.g. concession stand) and used in conjunction with an approved recreational activity.

(d)

Uses permitted upon review and approval of the planning commission. The planning commission may impose special conditions relating to such considerations as the site plan, screening, or parking as a condition for approval of the following uses or any other uses it deems appropriate for the protection of public health, safety or welfare:

(1)

Churches (see section 29-37(b)(12)).

(2)

(e)

Parking requirements. Parking shall be provided in accordance with provisions of article V, division 2. Parking shall not be permitted in the front forty (40) feet of a proposed development.

(f)

Height and area requirements. The following height, area and structure regulations apply to this district:

(1)

Height requirements. A building shall have a maximum height of two (2) stories or thirty-five (35) feet. The height shall be measured from the finished floor level (FFL).

(2)

Area requirements.

Front yard: A minimum of sixty (60) feet for buildings and uses.

Rear yard: A minimum of forty (40) feet for building and use.

Side yards: The minimum side yard shall be twenty (20) feet for each side yard.

(g)

Signage. Signage will be limited to one freestanding sign indicating the name and nature of uses within the R-R district. Manual changeable copy signs may be allowed to the extent that they do not exceed forty (40) percent of the overall sign square footage. The maximum display area shall not exceed fifteen (15) percent of the property frontage and shall not set closer to the front property line than ten (10) feet from the closest portion of the sign structure. Any light used to illuminate such signage shall be so arranged to reflect the lights away from adjacent properties or from properties located across the street.

(h)

Landscaping and screening. The area of front, rear and side setbacks shall be maintained as landscaped area. Screening may be required in areas where a R-R district abuts residential use or residential occupancy units. Any lights used to illuminate the R-R area shall be so arranged as to reflect the light away from adjacent properties or from properties located across the street.

(i)

Noise. Public address systems may be allowed. In area of close proximity to residential or residential occupancy uses, public address systems must be directed away from adjoining properties, cannot be operated after 9:00 p.m. and cannot exceed decibel levels of 70.

(Ord. No. 5556, § 1, 10-4-93)

Sec. 29-119. - R-B residential-commercial district.

(a)

General description and intent. This section applies to the R-B residential-commercial transition district. This district is intended for use in areas of existing residential uses located along high traffic density rights-of way and in older residential areas with a declining growth rate. The district is intended to provide continued residential development along with low impact commercial uses that would not adversely affect traffic uses or have an undesirable affect on residential uses.

(b)

Permitted uses. The following uses are permitted in this district:

(1)

Single-family residential.

(2)

Duplex (with lot area of seven thousand eight hundred (7,800) square feet and a lot width of sixty (60) feet.

(3)

Antique shop.

(4)

Beauty shop/barber shop.

(5)

Home offices.

(6)

Medical equipment rentals.

(7)

Bed and breakfasts.

(8)

Accounting services.

(9)

Photography studios.

(10)

Bed and breakfast, expanded.

(11)

Bed and breakfast, limited.

(c)

Uses permitted upon review and approval of the planning commission. The planning commission may impose special conditions relating to such considerations as the site plan, screening, or parking as a condition for approval of the following uses or any other uses it deems appropriate for the protection of public health, safety or welfare:

(1)

Day care center.

(2)

Churches (see section 29-37(b)(12)).

(3)

Professional offices.

(4)

(5)

Day care family home.

[(d)

Reserved.]

(e)

Parking requirements. Parking shall be provided in accordance with provisions of Article V, Division 2. Parking will not be allowed in the front ten (10) feet (closest to property line) of the required front setback.

(f)

Height and area requirements. The following height, area and structure regulations apply to this district:

(1)

(2)

Area requirements.

Building setbacks shall be a minimum of twenty (20) feet for all main buildings in the front yard and rear yard. A required ten-foot strip along the front and rear property lines must be maintained as natural ground cover or landscaped area, excluding ingress and egress.

Side yard setbacks shall be ten (10) feet. Side yards on a street shall have a minimum of twenty (20) feet. The required side yard setback must be maintained as natural ground cover or landscaped area.

(g)

Screening. Where a R-B district abuts a residential use, or is across the street from a residential district, a compact evergreen screen or permanent-type opaque fence of wood or masonry construction having a height of not less than six (6) feet shall be erected and maintained between such parking areas, interior lines, and the residential zone and in conformance with all other codes of the city. Any light used to illuminate said parking area shall be so arranged to reflect the light away from adjacent properties or from properties located across the street.

(h)

Accessory uses. No outside storage of materials is permitted. Signs structures will be limited to one (1) structure per one hundred (100) feet of frontage. Waste containers may be allowed in the side and rear yards only and must be screened with opaque material.

(Ord. No. 5582, § 1, 7-5-94; Ord. No. 6092, § 2B, 6-7-04; Ord. No. 6350, §§ 5, 6, 4-18-11)

Sec. 29-120. - I-5 airport industrial.

(a)

General description and intent. This section applies to the I-5 airport industrial district. This industrial district is intended to provide for airport and airport industrial park purposes in Grider Field Municipal Airport.

(b)

Permitted uses. Airports and airport-related accessory uses, public buildings and facilities, and industrial, manufacturing, warehousing or distribution facilities are permitted in this district.

(c)

Use limitations. Any establishment devoted primarily to the retail sale of merchandise or to the furnishing of services to the general public, with the exception of airport-related accessory uses, is prohibited. No land or premises shall be used for any purposes which constitute a nuisance in the generally accepted definition of that term.

(d)

Area regulations. Buildings erected within this district shall not be closer than seventy-five (75) feet from the right-of-way line of primary arterial streets, fifty (50) feet from other street right[s]-of-way and twenty-five (25) feet from side property lines of individual tracts.

(e)

Building height. No building, tower, mast, aerial, or similar structure shall exceed the height limitations set forth in the Federal Aviation Administration regulation TSO-N18. All structures shall be subject to a finding of "no objection" when submitted to the applicable Federal Aviation Administration authority by airspacing form 7460.

(f)

Parking requirements. There shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces for automobiles. Public streets shall not be used for parking. The number of parking spaces provided shall adequately meet the parking needs of the establishment of employee parking and for the service of the public, such as customers, patrons, and clients. The surface of all driveways and permanent parking areas shall be of concrete, asphalt, or other bituminous material. The forwardmost twenty (20) feet of the front yard shall be maintained as unobstructed open space and shall not be used for parking unless control is provided to prevent backing of vehicles into a street through curblines, entrances and exits or otherwise interfering with moving traffic. Parking requirements outlined in article V, division 2 shall not be applicable to this district.

(g)

(h)

Screening and landscaping. Landscaping shall cover a minimum of thirty-five (35) percent of the front yard setback. Other screening and landscaping shall be provided pursuant to restrictive covenants.

(i)

Signs. Billboard posters and other advertising signs are prohibited, except those signs which identify the property owner's facility.

(Ord. No. 5812, § 1, 6-7-99)

Sec. 29-121. - A-R agricultural-residential district.

(a)

General description and intent. The A-R district is intended to provide a smooth transition between areas which are low density or rural in nature and newly urbanizing areas, allowing flexibility adequate to permit reasonable land use types typically found in the urban fringe. Areas zoned A-R are generally done so at the request of the property owner. The city's animal control ordinance, where in conflict with this section, shall not apply in this district.

(b)

Permitted uses. The following uses are permitted in this district:

(1)

Single-family residences, together with the usual accessory uses.

(2)

Guest house, when developed in accordance with this section.

(3)

Agricultural and forestry uses existing/developed in accordance with this section and limited to the following: Field crop farms; fishery; forest; fruit, tree, and vegetable farm; hay baling, together with the operation of any machinery or vehicles incidental to the above uses; provided that the permitted agricultural pursuits are conducted in accordance with good practice so as not to be deemed a nuisance.

(4)

Animal husbandry uses existing/developed in accordance with this section and limited to the following: Animal farms for show, breeding and training; farms with unconfined livestock; horse training services; animal hospitals and veterinarian's treatment area.

(5)

Governmental or private recreational uses, including but not limited to golf courses but not including miniature golf, driving range, or any forms of commercial amusement; tennis courts; swimming pools; playgrounds; day camps; and passive recreational open space.

(6)

Plant nursery when developed for the property owner's off-premise sales as long as the property owner also occupies the property.

(7)

Bed and breakfast, expanded.

(8)

Bed and breakfast, limited.

(9)

Home occupations.

(10)

Public protection and utility facilities having requirements for specific locations or are needed to serve residential neighborhoods or other local areas, limited to police protection; fire protection; facilities of public service corporations such as electric regulating station, pressure control station, and communication and utility transmission line rights-of-way.

(c)

(1)

Riding academy (equestrian) or commercial stable.

(2)

Plant nurseries and greenhouses of a retail/wholesale nature.

(3)

Kennels.

(4)

Bed and breakfast facilities.

(5)

Elementary, junior high and senior high schools.

(6)

Cemetery.

(7)

Private equestrian clubs not accessible by the general public.

(8)

Structures incidental to permitted uses exceeding the maximum height allowed in the district.

(9)

(10)

Day care family home.

(d)

Development criteria. Except as provided for in the bulk and area provisions of this section, the following development criteria shall apply.

(1)

Nothing in this section shall prevent the property owner from developing a single-family residence on a land parcel in conjunction with the following permitted uses/uses permitted on review as long as these uses and the residence are developed in accordance with this section: Agricultural/forestry, animal husbandry, plant nursery, kennel, or riding academy. Single-family residences developed under this section as a use in conjunction with the uses specified must be occupied by the property owner or an employee acting as foreman, operations manager, or security personnel of the second use being conducted on the site.

(2)

One (1) guest house may be placed on a land parcel with one (1) single-family dwelling which is the primary residence. A guest house is a site-built, self-contained living unit in a detached structure subordinate in both land coverage and gross floor area to the principle dwelling on the lot. Mobile homes or manufactured or modular housing are not permitted as guest houses. Metal structures of any type built and intended for residential storage purposes are not permitted as guest houses and cannot be modified for such.

(3)

Owners of properties which remain in the agricultural uses listed in (b)(3) of this section are permitted on-premises sales of products on the land. On-premises sales shall be limited to agricultural products produced on the owner's farm or garden. Sales facilities for such on-premises sales shall be limited to two hundred (200) square feet of floor area per one (1) acre of land area, not to exceed two thousand (2,000) square feet total floor area. All sales must be in accordance with any health department requirements.

(4)

Unconfined livestock are permitted in the A-R zone at the rate of one (1) animal per one-half (½) acre of land area. Unconfined livestock means cattle, sheep, goats, and similar animals not confined within a pen, house, barn, or shed. Nothing in this section shall prevent the provision of shelter for said animals during inclement weather or other special purposes as long as developed in accordance with the bulk and area provisions of this section.

(5)

Trash dumping or junkyards are specifically prohibited.

(6)

Off-premises outdoor advertising is prohibited.

(e)

Height, area, and structure regulations. The following height, area, and structure regulations shall apply to this district:

(1)

Height regulations. The maximum height for structures in this district may not exceed two and one-half (2½) stories. The height shall be measured from the finished floor level (FFL).

(2)

Bulk and area regulations.

Lot size. The minimum lot size shall be five (5) acres. At the time the application requesting A-R zoning is submitted, the tract of land to be so designated shall be under one (1) legal description and on record at the Jefferson County Court House as a single land parcel.

Lot width. Minimum lot width shall be three hundred (300) feet.

Lot depth. Minimum lot depth shall be three hundred (300) feet.

Lot coverage. The main building and all accessory structures in the A-R district shall not occupy more than twenty-five (25) percent of the total areas of the tract.

Lots having double frontage. The front yard of lots having double frontage shall be determined as being on the street from which the property takes access, or in the case of double access, shall be determined by the zoning official.

Lots abutting freeways and expressways. Any structure constructed on property abutting any freeway or expressway shall be setback a minimum of fifty (50) feet from the freeway or expressway right-of-way line.

Front yard setback (measured from the center of the road).

When abutting arterial streets except freeways and expressways, ninety (90) feet.

When abutting collector streets, seventy (70) feet.

When abutting local service streets, fifty-five (55) feet.

Side yard setback.

Except for single-family residences, there shall be a side yard on both sides of the building of thirty (30) feet from each side property line to the side of the building.

Single-family residences shall have side yards, measured from the property line, of ten (10) feet for an interior side yard and twenty-five feet (25) on a corner (street-side) side yard.

Rear yard setback.

Except for single-family residences, there shall be a rear yard depth of fifty (50) feet from the rear property line to the rear of any building.

Single-family residences shall have a rear yard of twenty-five (25) feet.

Fencing. When fencing is constructed along freeways, expressways, or other arterial streets for the purpose of containing any animal within a specified tract of land in an A-R district, said fence must be constructed to a height and of materials to insure the safe containment of said animal(s) within the tract.

(3)

Parking requirements. Parking shall be provided in accordance with provisions of article V, division 2. No storage of farm machinery or other non-residential vehicles or equipment is permitted within the front yard setback or freeway or expressway setback. Said machinery, equipment, and non-residential vehicles must be stored so as to not present the appearance of a salvage or junk yard.

(4)

Future development. Since the A-R district is designed to provide a smooth transition between areas which are low density or rural in nature and newly urbanizing areas, it is expected that in the future, tracts of land designated A-R will be developed into more urban uses. At the time the property owner of A-R designated land initiates redevelopment of the land into parcels smaller than required in the A-R district, the property must be rezoned to a classification that will support the proposed uses. Uses permitted or designated as uses permitted on review under A-R zoning that are not permitted or are not UPOR's in the proposed zone will be considered as nonconforming uses. At the time the A-R district is rezoned to a different district, the city's animal control ordinance will apply.

(Ord. No. 5879, § 1, 5-1-00; Ord. No. 6092, §§ 2A—C, 6-7-04; Ord. No. 6350, §§ 5, 6, 4-18-11)

Sec. 29-122. - HD-15th Avenue historic district.

(a)

General description and intent. This district is intended to preserve the existing development pattern and distinctive character of the 5th Avenue historic district while promoting the development of new buildings and uses that are compatible with and that will complement the character of the district.

(b)

Procedure. All applicants desiring to develop a land use, construct an addition or modification to an existing land use, or construct an accessory structure or use including fences and screens shall first apply for a preliminary zoning permit from the inspection and zoning department. An approved preliminary zoning certificate shall indicate that the proposed use, addition, and/or modification as submitted by the applicant meets the regulations contained in this chapter and allows the applicant to proceed with gaining approval of the request from the Pine Bluff Historic District Commission. The preliminary zoning certificate does not authorize the applicant to begin any construction, addition, or modification requested in the application. No final zoning permit authorizing alterations in the exterior of a structure within the boundaries of this district and no final zoning permit authorizing construction of a new building or other structure within the boundaries of this district shall be granted unless approval has been granted by the Pine Bluff Historic District Commission. It is not intended by this chapter to grant the Pine Bluff Historic District Commission jurisdiction over zoning or use permit matters other than in the area of design review.

(c)

Permitted uses. The following uses are permitted in this district:

(1)

Single-family residential. Single-family residential uses may also be located in the same structure as any other permitted use.

(2)

Duplex.

(3)

Bed and breakfast houses.

(4)

Professional offices, provided that no merchandise or merchandising services are sold on the premises, except such as are incidental or accessory to the principal permissible use. No more than ten (10) percent of the space of any office may be used for incidental merchandising unless approved by the planning commission.

(5)

Antique shops.

(6)

Art studios.

(7)

Photography studios.

(8)

Caterer.

(9)

Beauty shop/barbershop.

(10)

Shoe repair shop.

(11)

Tailor shop/seamstress shop.

(12)

Clinic, limited to a single medical or veterinary practitioner.

(13)

Accessory buildings and uses customarily incidental to the above uses.

(14)

Guest houses of not more than seven hundred (700) square feet are permitted as an accessory structure to a single-family residence and shall be located in the rear yard only or above an existing or approved garage.

(15)

At the time of the effective date of this section, any use existing on a lot located within the boundaries of the HD-1 district that does not fall under one (1) of the categories listed as a permitted use shall be allowed to continue as a permitted use. In addition, this existing use can be expanded up to twenty-five (25) percent of the footprint of the existing structure provided that all height, area, and parking regulations set forth in this section are met. Expansion requests greater than twenty-five (25) percent must receive a use permit on review.

An existing use falling under this sub-paragraph will be allowed to be rebuilt in the event it is damaged or destroyed, however in the event a structure is one hundred (100) percent destroyed, all height, area, and parking regulations set forth in this section shall be met if the use is to be continued. Further, upon application to rebuild a damaged or destroyed building, if the expense of such restoration exceeds fifty (50) percent of the replacement cost of the building or structure at the time such damage occurred, the applicant shall present verifiable written evidence that the structure and use existed at the time of the effective date of this section. Applications submitted without such evidence will not be approved.

(16)

Bed and breakfast, expanded.

(17)

Bed and breakfast, limited.

(d)

Uses permitted upon review and approval of the planning commission. The planning commission may limit the scope of the proposed use or impose special conditions relating to such considerations as the site plan, screening or parking as a condition for approval of the following uses or any other uses it deems appropriate for the protection of the public health, safety, and welfare:

(1)

Restaurants, excluding drive-in or fast food establishment.

(2)

Second-hand stores.

(3)

Florist.

(4)

Specialty food store or gift shop. General retail shops or stores shall not be permitted.

(5)

Up to four (4) condominium units contained in a single converted home and in a single new construction structure where the structure furthers the intent of the historic district, after consultation with the Pine Bluff Historic District Commission.

(6)

Drugstore.

(7)

Grocery store.

(8)

Satellite facility for a commercial cleaners and laundry. This facility accepts items to be dry cleaned or laundered that are taken to another location for actual dry cleaning or laundering. Dry cleaning and laundry activities shall not occur on site.

(9)

Social clubs and fraternal organizations.

(10)

Small publishing companies.

(11)

Small scale plant nurseries.

(12)

Expansion of uses in excess of twenty-five (25) percent (of the footprint of the structure) of uses existing at the time of the effective date of this section that do not fall under one (1) of the categories listed as a permitted use. Upon application to expand a use over twenty-five (25) percent of the footprint, the applicant shall present verifiable written proof that the structure and use existed at the time of the effective date of this section.

(13)

Other uses, including uses listed in other districts, which are deemed appropriate in the opinion of the planning commission. In order to submit an application under this paragraph, the zoning administrator and city planner must determine that the proposed use conforms to the basic intent of this district and can be demonstrated to be equal to or less intense than other permitted uses in this district.

(e)

Height and area requirements. The following height, area, and structure regulations apply to this district.

(1)

Height requirements. A building shall have a maximum height of two (2) stories or thirty-five (35) feet. The height shall be measured from the finished floor level. Additional height may be approved by the board of zoning adjustment as recommended by the Pine Bluff Historic District Commission.

(2)

Area requirements.

Lots shall be a minimum of sixty (60) feet in width and a minimum square footage of seven thousand two hundred (7,200) square feet. Lots existing at the time of the effective date of this chapter that have less width and/or square footage may be used when all other requirements of this chapter can be met.

Front yard setbacks shall be appropriate to the street on which the subject site is located, determined as being the distance from the front property line that prevails in seventy-five (75) percent of the developed parcels on the street.

Side yard setbacks shall be of a width of not less than five (5) feet. The side yard on the street side of each corner shall not be less than twenty (20) feet. A variance to the side yard street setback may be given if, in the opinion of the Pine Bluff Historic District Commission the setback is necessary for the enhancement of the 5th Avenue historic district and the setback will not interfere with potential future street widening or visibility.

Rear yard setbacks shall be twenty (20) feet.

Setbacks for accessory buildings shall be a minimum of five (5) feet from any property line and shall be located only in side and rear yards.

(f)

Parking requirements. Parking shall be shall be provided in accordance with provisions of article V, division 2 and as follows: Guest houses shall require one (1) additional parking space. All new construction shall be designed so that parking facilities are located in the rear yard. When an existing use is converted to a different permitted use, any new parking that is required shall be located in the rear yard. Parking for uses other than single-family, duplex, or guest house may also be allowed on a vacant lot adjacent to an existing or proposed use, however, such parking shall not be allowed in the front yard setback and shall be appropriately landscaped after review by the historic district commission and zoning and planning staff. A variance for the reduction or location of parking as required by this section may be requested for properties in the 5th Avenue historic district, however, the board of zoning adjustment is not required to grant any parking variance requested.

(g)

Protection of trees. In order to recognize the contribution of shade trees and certain flowering trees to the overall character of the district and to aid in the preservation and protection of such trees, variances to the requirements contained in [subsections] (e) and (f) (area and parking requirements) of this section may be approved by the board of zoning adjustment if such variances promote the protection of existing trees and still meet the intent of this section and its regulations.

(Ord. No. 6277, § 1, 3-16-09; Ord. No. 6350, §§ 5, 6, 4-18-11)