The height regulations as prescribed in this chapter shall not apply to:

(1)

Church spires.

(2)

Belfries.

(3)

Monuments.

(4)

Fire towers.

(5)

Tanks.

(6)

Water towers.

(7)

Stage towers or scenery lofts.

(8)

Cooling towers.

(9)

Ornamental towers and spires.

(10)

Chimneys.

(11)

Elevator bulkheads.

(12)

Smokestacks.

(13)

Conveyors.

(14)

Flagpoles.

(15)

Radio towers.

(Ord. No. 4807, as amended, § 27, 2-2-81)

The planning commission may, by uses permitted upon review, and subject to such protective restrictions as it deems necessary, permit the location in any district, of any public building erected and used by any department of the city, county, state or federal government or any building or structure erected and used by any public utility.

(Ord. No. 4807, as amended, § 26, 2-2-81)

(a)

Definitions.

Fence shall mean an artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas.

Screening shall mean a method of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation. Fabric screening of high-density polyethylene designed to last under sun and weather conditions that provide a minimum of ninety (90) percent opacity may be used over chain link fence with application on the outside or streetside of the fence.

Wall shall mean a constructed solid barrier of concrete, stone, brick, tile, wood, or similar type of material that closes, marks, or borders a field, yard, or lot, and that limits visibility and restricts the flow of air and light.

(b)

Visibility at intersections.

(1)

All fences, walls, or hedges shall be in compliance with chapter 24, article V.

(c)

Fencing and walls.

(1)

Permit requirements:

a.

No person shall install, replace, or reconstruct a fence or wall in the city without first obtaining a fence permit and complying in all respects with the terms and conditions and this section. A fence permit is not required for painting, maintenance, or repair or replacement of less than sixteen (16) lineal feet.

b.

A scaled site plan must be submitted with the fence permit application that shows the following:

1.

The location, type and height of the proposed fence.

2.

Distances of the proposed fence from lot lines and other improvements on the property.

3.

Location of driveway(s).

4.

Location of public streets, sidewalks, and alleys.

5.

For fence subject to the fifty (50) percent solid limitation, an accurate and dimensioned drawing or illustration of the fence is required.

6.

Such other information as may be reasonably required to determine compliance with City codes and ordinances.

(2)

Completion of installation. A fence or wall authorized by a fence permit shall be fully installed in accordance with this section and permit conditions, within one hundred eighty (180) days of the date of permit issuance. A fence permit shall expire one hundred eighty (180) days after the date of issuance. After a fence permit expires, no work requiring such a permit shall be commenced, resumed or undertaken until a new permit is issued or the original permit is extended.

The permit applicant may file a written request for an extension of the fence permit stating the reason for the request, for up to one hundred eighty (180) additional days to complete the fence installation. The zoning official, in administering this Code, shall grant the request is good cause is shown.

(3)

Responsibility of applicant. The applicant is solely responsible for installing the fence or wall:

a.

Within the boundaries of their property determined by survey, incompliance with this section and the permit, including but not limited to, proper materials, height, setback, and vision clearance.

b.

In compliance with any subdivision covenants or restrictions, deed restrictions, utility easement restrictions, land use restrictions of record, including applicable plan review and approval or waiver requirements.

c.

In a manner as will not obstruct storm water drainage, violate a city approved storm water plan or unreasonably divert storm water on the property of another.

d.

Without damaging any underground utilities.

(4)

Existing fences and walls. Any fence or wall existing upon the effective date of this section shall not be enlarged, extended or replaced, except in strict compliance with all of the requirements of this section, except that existing fences that are damaged less than fifty (50) percent of replacement value may be rebuilt, but no residential fence to be rebuilt may include barbed wire or other sharp edge material such as razor wire.

(5)

General standards.

a.

Fences and walls must be constructed in a substantial, workmanlike manner. They shall be constructed, and shall include line, gate, and corner posts securely anchored to the ground, all in conformance with generally accepted good fence construction practices.

b.

Fences and walls shall be designed and constructed in a uniformly consistent manner and shall have a neat, clean, and finished appearance. Used materials shall not be utilized for fence construction unless the materials are refurbished in appearance and structure to approximate new material.

c.

All fences facing streets and alleys shall be installed so that the finished side of the fence is exposed to the public view and the parts of the fence structure (horizontal and vertical support posts, etc.) are exposed to the view of the property owner. Fences facing properties other than streets and alleys may be erected with the finished side facing either inward or outward.

d.

Post spacing shall be equidistant except to accommodate gates or a repeating architectural design.

e.

Fences and walls shall be maintained in an upright condition.

f.

Any fence or wall which is or has become dangerous to public safety, health, or welfare, is considered a public nuisance. The zoning official may start proper proceedings for an abatement.

g.

Boundary line fences and walls will be located entirely upon the private property of the person constructing or causing the construction of the fence or wall unless the owner of the property adjoining agrees, in writing, that a fence or wall may be erected on the division line of both properties.

h.

Civil disputes over the location of a fence or wall at adjoining private properties are not within the enforcement authority of the city to resolve.

i.

Fences and walls placed within easements are subject to removal by city and utility maintenance workers if such becomes necessary to permit access for the purposes of installing, repairing, cleaning, replacing or rehabilitating city utility or drainage facilities located or proposed within the easements. The locations where easements are crossed by fence installations, locked gates may be required to allow vehicular access. Acceptable provisions to allow access into underground structures are required when fences and walls are placed over such facilities.

j.

Schools, public parks, and/or playgrounds may erect open-mesh fences within accepted industry standards, and fencing surrounding tennis courts and baseball and/or softball field backstops may be erected in conformance with accepted industry standard, as long as other provisions of these regulations are met.

k.

No fence or wall shall be installed in any yard that will shield any window or opening in a habitable space of a dwelling. A minimum distance of three (3) feet shall be maintained between any sold fence or wall and any such window or opening in a dwelling.

l.

No advertising signs are allowed on fences or walls.

m.

It shall be the responsibility of the property owner to insure that a fence or wall does not block or obstruct the flow of storm water.

(6)

Approved fence materials.

a.

Front yard fences shall be fifty (50) percent open (see through) and be of ornamental design, i.e., split rail, wrought iron or picket. Chain link fences are permitted in front yards in the R-4 zone. A chain link fence in the front yard of residences in other zones is prohibited unless the property owner shall apply with the board of zoning adjustment for permission to do so. The board shall not grant permission unless it shall conclude that the chain link fence will not detract from the character of the surrounding neighborhood or diminish property values therein, and the board may impose such conditions on the applicant as needed to this end. All other fence regulations shall apply as well.

b.

Fences or walls to be situated in side and/or rear yards shall be constructed using materials suitable for residential-style fencing, including but not limited to brick, fieldstone, wrought iron, vinyl, chain link, stockade or board-on-board wood.

c.

Chain link/open mesh fences, wherever permitted, will be constructed so that the barbed end is at the bottom of the fence and the knuckle end is at the top. Chain link/open mesh fences shall not contain strips or slats among the links.

d.

Agricultural/farm fences shall only be permitted on properties that have been used for the purpose of enclosing livestock or other agricultural activities within the preceding twenty-four month period. Agricultural/farm fences are those fences consisting of chicken wire, deer fence, hog wire, high tensile, wire strands, used in the agricultural, farming and livestock business, specifically for livestock, animal and bird control.

e.

No fence or wall shall be constructed of used or discarded materials in disrepair, including but not limited to pallets, tree trunks, trash, junk, or other similar items. Materials not specifically manufactured for fencing, such as railroad ties, wooden doors, landscape timbers or utility poles shall not be used for, or in the construction of a fence.

(7)

Fence standards for residential districts. All fences in residential districts shall comply with the following standards in addition to the general standards and approved fencing materials:

a.

Fences within any portion of the front yard extending across the full width of the lot and lying between the street frontage of the lot and the front yard setback as set forth in the zoning ordinance, shall not exceed forty-two (42) inches in height, and posts and/or decorative finials together may add no more than six (6) inches to the total height.

b.

The maximum height of fences and walls located in a rear or side yard is eight (8) feet.

c.

All fences and walls shall comply with paragraph (b) of this section (visibility triangle).

d.

No fence or wall shall be located within one (1) foot of a sidewalk.

e.

Electric fences at a height of no more than five and one-half (5½) feet are allowed in rear and side yards when: completely enclosed by another fence or wall that is not charged with electricity, is opaque, and does not have barbs, spikes, or dangerous projections, and said outer fence is at least six and one-half (6½) feet in height.

f.

No residential fence may include barbed wire or other sharp edge material such as razor wire. Existing fences including barbed wire or other sharp edge material shall be considered nonconforming and may not be extended or replaced except in conformance with this section.

g.

All fences or walls on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises for any single direction except as otherwise permitted or required in this section.

(8)

Fence standards for commercial and industrial districts. All fences and walls in commercial and industrial districts shall comply with the following standards in addition to the general standards:

a.

Location.

1.

In order to maintain clear vision lanes for vehicles and pedestrians, no opaque faces shall be permitted within ten (10) feet, in any direction, of the following points:

(i)

At the intersection of a driveway and sidewalk (or front property line if there is no sidewalk).

(ii)

At the intersection of a driveway and public right-of-way.

(iii)

At the intersection of any two driveways.

2.

All fences and walls shall comply with paragraph (b) of this section (visibility triangle).

3.

No fence or wall shall be located within one (1) foot of a sidewalk.

b.

Materials and construction.

1.

Electric fences are allowed only when completely enclosed by another fence or wall that is not charged with electricity, is opaque, and does not have barbs, spikes, or dangerous projects, and said outer fence is at least six and one-half (6½) feet in height and is located within a rear or side yard.

2.

A fence may be topped with barbed wire or other sharp edged materials when:

(i)

Included as a security fence as part of an approved development plan;

(ii)

Such materials are located above a height of six and one-half (6½) feet;

3.

Only ornamental fences shall be permitted in the front yard setback unless required by these or other governmental regulations;

4.

All fences and walls on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises for any single direction.

5.

Coated metal fences and or pvdf (polyvinylidene fluoride) panels of uniform color and the top trimmed with a contrasting color may be used in rear yards. Bright and loud colors will not be acceptable.

c.

Height.

1.

Unless otherwise permitted or required in this section, fences and walls within any portion of the front yard extending across the full width of the lot and lying between the street frontage of the lot and the front yard setback as set forth in the zoning ordinance, shall not exceed forty-two (42) inches in height, and posts and/or decorative finials together may add no more than six (6) inches to the total height.

2.

Unless otherwise permitted or required in this section, the maximum height of fences and walls located in a rear or side yard is eight (8) feet.

(Ord. no. 4807, as amended, § 38, 2-2-81; Ord. No. 6106, § 1, 8-2-04; Ord. No. 6482, 4-7-14; Ord. No. 6822, §§ 1(b), (c), 2-5-24)

(a)

Definitions.

No-impact home occupation businesses: No-impact home occupations, as set forth in this ordinance and operating under the performance standards of said section, do not require a permit and are permitted in all residential zones. No-impact home occupations do not have customers coming to the home and no one who does not live in the home engages in the on-premises activities of the home occupation.

Minor impact home occupation businesses: Minor impact home occupations, as set forth in this ordinance and operating under the performance standards of said section, require approval by the zoning administrator and may be permitted in all residential zones. Minor impact home occupations may have a limited number of customers coming to the home as set forth in this ordinance so long as the activity of the business does not have a major impact on the residential neighborhood where they operate, however, no one who does not live in the home may engage in the on-premises activities of the minor home occupation.

Major impact home occupation businesses: Major impact home occupations, as set forth in this ordinance and operating under the performance standards of said section, require a conditional use permit and planning commission approval in accordance with this ordinance. Major impact home occupations are those home occupations listed as no impact and minor impact home occupations, however, applicants for major impact home occupations may request that up to two (2) nonresident employees be permitted to engage on-premises in the subject business and/or applicants may request an increase in the number of customers/clients who can be seen at the home occupation location. Applications for major impact home occupations may be accepted for all residential zones, however, after a public hearing, the planning commission may approve, deny, modify, of place conditions on the requested major impact home occupation.

(b)

Home occupations permitted in residential neighborhoods and districts:

(1)

No-impact home occupation businesses, as defined herein, may operate in any residential districts and neighborhoods without necessity of permit, subject to the limitations and conditions set forth herein.

(2)

Minor impact home occupation businesses, as defined herein, may operate in residential districts and neighborhoods with a zoning permit but do not require a conditional use permit or planning commission approval, subject to the limitations and conditions set forth herein.

(3)

Major impact home occupation businesses, as defined herein require a conditional use permit and planning commission approval to operate or continue operation, subject to the limitations and conditions set forth herein.

(c)

Performance standards:

(1)

The use of the dwelling as a home occupation location must be clearly incidental and subordinate to its use for residential purposes.

(2)

No person other than those residing on the premises shall be engaged in on-premise activities of the home occupation unless a conditional use permit for a major impact home occupation is granted by the planning commission. "Residing on the premises", when stated in this ordinance, means that the residence in which the home occupation is to be conducted is the permanent domicile of any person engaging in the home occupation activity;

(3)

A home occupation which is authorized to receive patrons, students, or any business-related individuals at the home occupation location may only do so between the hours of 8:00 a.m. and 8:00 p.m.;

(4)

Number of home occupations that may be permitted in a single dwelling unit, subject to the limitations and conditions set forth herein:

a.

Two (2) no-impact home occupations, or;

b.

One (1) minor-impact home occupation, or;

c.

One (1) major-impact home occupation, or;

d.

One (1) minor-impact home occupation and one (1) no-impact home occupation.

(5)

The home occupation(s) in totality must occupy no more than twenty-five (25) percent of the floor area of the residence or five hundred (500) square feet, whichever is less. Restrictions on the number of patrons, clients and those performing work in a dwelling unit shall apply to all home occupations within a dwelling unit and shall not be cumulative;

(6)

There shall be no exterior displays, no exterior storage of equipment or goods, including unlicensed equipment, materials, vehicles, or open lot storage;

(7)

Home occupations shall not produce offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust, odors or heat detectable beyond the property lines or beyond the walls of a multiple-family unit shall not be permitted;

(8)

Home occupations shall not require internal or external structural alterations of the principal residence that may change the outside appearance of the principle residence or change the residential character of the property;

(9)

No separate entrance from the outside of the building shall be added to the residence for the sole use of the home occupation unless required by the Arkansas Department of Health, the local governing body, or otherwise provided by law;

(10)

Home occupations shall not require the installation of equipment or machinery creating utility demand, noise, fumes or other impacts in excess of equipment or machinery that is customarily found in a residential area;

(11)

No electric devices may be used in any home occupation which may cause electrical interference or create visual and audible interference in any radio, television receiver or telephone, which violates FCC standards, or which causes fluctuations in off-site line voltages;

(12)

No on-premises advertising for the home occupation shall be allowed with the exception of a non-illuminated sign no larger than one (1) square foot that is mounted flush against the home. Window areas must not purposely, intentionally, or unintentionally be used as display areas or to offer merchandise for sale;

(13)

All related business activities shall take place entirely within the residential dwelling or in an accessory structure that is normally associated with a residential use, unless the zoning administrator finds that business activity conducted outside the dwelling is similar to noncommercial activities normally associated with single-family residences;

(14)

No pedestrian or vehicular traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential area;

(15)

No delivery truck shall operate out of a residential district as a function of the home occupation. A single delivery or business vehicle may be operated from a home occupation so long as it is limited to a maximum size of one (1) ton gross vehicle weight and so long as it is stored on its own paved parking pad located behind the front yard setback. Said vehicle cannot displace vehicles that normally would park in either of the two (2) paved parking spaces required for the residence;

(16)

No home occupation will be permitted which requires receipt or delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries;

(17)

No deliveries by semi-tractor/trailer truck are permitted;

(18)

All vehicles of customers or residents of the home occupation location must be parked in authorized parking locations on the lot where the home occupation is located;

(19)

The home occupation shall not create a hazard by using flammable, explosive or other dangerous materials or by keeping, raising or storing animals that are capable of inflicting harm or discomfort or endangering the health and safety of any person or property;

(20)

Low-intensity (traffic generation, land use, noise, etc.) occupations, professions and business activities, and those uses or activities of a similar nature, as provided by the permitted home occupation uses in this section, may be permitted as home occupations in residential zoning district(s), subject to the conditions of these regulations and other applicable federal, state, or local laws;

(21)

A business license shall be obtained, if required by other ordinances;

(22)

This section does not permit the establishment and operation of home occupations without a permit unless they have been exempted from the requirements of permitting by this section.

(d)

No-impact home occupation businesses: The following home occupations do not require a zoning permit so long as the activity of the business has no impact on the residential neighborhood where it operates, does not invite business customers to or receive customers at the home occupation location, and no person other than those residing on the premises shall be engaged in on-premise activities of the home occupation:

(1)

Artists;

(2)

Composers;

(3)

Writers;

(4)

Photography studio;

(5)

Home crafts, such as jewelry making, model making, rug weaving, woodworking, and ceramics (with a kiln up to six (6) cubic feet), where sales of homemade items occur at locations other than the home occupation location;

(6)

Musical instrument teacher for not more than two (2) students at a time where instruments are not amplified;

(7)

Dance or aerobics instructor for not more than two (2) students at a time;

(8)

Art and craft instruction for not more than two (2) students at a time;

(9)

Educational tutoring for not more than two (2) students at a time;

(10)

Persons who conduct the home occupation entirely on a telephone or personal computer and do not invite business customers to or receive customers at the home occupation location, including telephone answering service, telephone reception for a mobile business, and mail order or telephone order business where no merchandise is delivered to or from the home occupation location;

(11)

"Work at home" activities where employees of a business, located at another location, perform work for the business in their own residence provided all physical contact between the business and the employee occurs at the place of business and not the residence and so long as the "work at home" activity conforms to all other requirements of this section.

(12)

Sale of personal goods and services, such as cosmetics and kitchenware away from the residence, and which does not invite customers to or receive customers at the home occupation location and which does not have storage of equipment, goods, or supplies outside the home occupation residential dwelling; or

(13)

Any other activities similar to one (1) of the above categories.

(e)

Minor impact home occupation businesses: The following home occupations require a zoning permit but do not require a conditional use permit and planning commission approval so long as the activity of the business does not have a major impact on the residential neighborhood where they operate and no person other than those residing on the premises shall be engaged in on-premise activities of the home occupation:

(1)

Musical instrument (non-amplified) teacher for more than two (2) but less than five (5) students at a time, limited to three (3) groups daily;

(2)

Dance or aerobics instructor for more than two (2) but less than five (5) students at a time, limited to three (3) groups daily;

(3)

Educational tutoring for more than two (2) but less than five (5) students at a time, limited to three (3) groups daily;

(4)

Art and craft instruction for more than two (2) but less than five (5) students at a time, limited to three (3) groups daily;

(5)

Designer/decorator who does not see more than one (1) customer at a time at the home occupation location, limited to five (5) customers daily;

(6)

Personal sewing, clothing alterations, and dressmaking if the proprietor does not invite or receive more than one (1) customer to the home occupation location at a time, limited to five (5) customers daily;

(7)

Washing and ironing if the proprietor does not invite or receive more than one (1) customer to the home occupation location at a time, limited to five (5) customers daily;

(8)

Window covering sewing if the proprietor does not invite or receive more than one (1) customer to the home occupation location at a time, limited to five (5) customers daily;

(9)

Fitting of prostheses, if the proprietor does not invite or receive more than one (1) customer to the home occupation location at a time, limited to five (5) customers daily;

(10)

Small bookkeeping, typing, or computer programming service if the proprietor does not invite or receive more than one (1) customer to the home occupation location at a time, limited to five (5) customers daily;

(11)

Babysitters for no more than five (5) children, including the children of the babysitter;

(12)

Professional offices, such as accountants, appraisers, architects, attorneys, contractors, engineers, financial planners, consultants, and real estate representatives, who see no more than one (1) customer at a time at the home occupation location, limited to five (5) customers daily;

(13)

Maintenance/handyman/janitorial service, contractor, and lawn care service, provided there is no outside storage of equipment or supplies. A single business vehicle may be operated from the home occupation location so long as it is limited to a maximum size of one (1) ton gross vehicle weight and so long as it is stored on its own paved parking pad located behind the front yard setback. Said vehicle cannot displace vehicles that normally would park in either of the two (2) paved parking spaces required for the residence;

(14)

Cosmetologist, nail technician or aesthetician, provided that no person having charge of a cosmetology establishment or school of cosmetology, whether as an owner or an employee, shall permit any room or part thereof in which any of the branches or practices of cosmetology are conducted, practiced, or taught to be used for sleeping, for residential purposes, or for any other purpose that would tend to make the room unsanitary, and further, a cosmetology establishment shall have a direct entrance separate and distinct from any entrance in connection with private quarters.

(15)

Any other activities similar to one (1) of the above categories.

(f)

Major impact home occupation businesses:

(1)

The home occupations listed in [subsections] (c) and (d) of this section are considered major impact home occupation businesses when persons other than those residing on the premises shall be engaged in on-premise activities of the home occupation and/or when the number of single and daily customers allowed under a lesser home occupation is requested to be increased.

(2)

A major impact home occupation requires a conditional use permit and planning commission approval, and the planning commission may after a public hearing, permit the home occupation where it is deemed to be essential or desirable to the public convenience or welfare. The planning commission may place conditions on the permit so as to reduce the impact of the home occupation on the neighborhood. These conditions can include but are not limited to screening, off-street parking, and access to the property.

(3)

The planning commission shall not permit the on-premise employment of more than two (2) persons who do not reside at the residence.

(4)

The planning commission may permit the proprietor to increase the number of single and daily customers allowed under minor impact home occupations if it is found that said increase will not have a negative impact on the neighborhood.

(5)

The planning commission may not permit any home occupation as a major impact home occupation that is not permitted under these regulations.

(g)

The following activities shall not be permitted as home occupations in accordance with this section: dentists and medical doctor offices; massage therapy; massage parlors; fortune telling; health and exercise facilities; palm reading; tattoo parlors; recording studios; any repair of motorized vehicles including the painting or repair of automobiles, trucks, trailers, boats, motorcycles, all-terrain vehicles, and lawn equipment; tow truck service; veterinary offices; pet grooming; kennels; stables; bird keeping facilities; animal training; dancing schools; music schools; child care facilities for over five (5) children; restaurants; catering/food preparation businesses; property management; funeral chapels or homes; crematoria; mausoleums; the sale of firearms or ammunition; construction businesses or landscaping businesses that provide the storage of goods and materials to be utilized in the operation of the business or use; warehousing; vehicle sales, leases, or parts sales; welding or machine shops; retail sales not specifically allowed above; boarding houses unless otherwise permitted in a residential zone; cabinetry, mechanical repair or modification, fabrication, treatment or assembly of goods, the process of which requires intensive use, of equipment, machinery, raw materials or component parts (e.g. welding, construction or assembly of cabinets or furniture, treatment of steel or the finishing of wood); and any other type of business that would change the residential character of the neighborhood if permitted to operate.

(h)

Conditions of zoning permit or conditional use permit; revocation of permit:

(1)

Any permit issued for a home occupation is valid only for the person who applied for the permit, the use applied for, and the location applied for. The home occupation permit is not transferable to a subsequent buyer of the property or to another home occupation in the same residence. It is also not transferable to another location to which the applicant may move.

(2)

All minor impact home occupation permits are issued for an unlimited period. Major impact home occupation permits may also be issued for an unlimited period unless otherwise determined by the planning commission.

(3)

The planning commission, after a public hearing, may revoke a home occupation permit for the following reasons:

a.

Noncompliance with conditions set forth when the conditional use permit was granted;

b.

It is determined that the home occupation is adversely impacting the residential neighborhood by operation of the business; or

c.

For violation of any of the requirements of this section or any provision of city codes.

(4)

If a business license is required for the home occupation, a home occupation permit may also be revoked if the applicant has not renewed his/her business license at his/her approved location within ninety (90) days of the expiration of the business license.

(5)

If a home occupation permit is in danger of being revoked for any reason, the applicant must be given written notice at least ten (10) days prior to any action.

(Ord. No. 6368, § 1, 12-5-11; Ord. No. 6765, §§ 1, 2, 6-21-22)

(a)

For the purpose of this division, calculations for parking space shall not be included in any part of any required front yard, unless specifically provided for in the district use regulations. Front yards shall not be paved except for proper ingress and egress. Required front yards shall be maintained as green areas or shall be appropriately landscaped.

(b)

Off-street parking space as required in this section shall be provided for all new buildings and structures and for additions to existing buildings or structures. The word "addition" as used above shall include any alteration intended to enlarge or increase capacity by adding or creating dwelling units, guestrooms, floor area, or seats. Required parking space may include existing parking space but such space shall not be encroached upon so long as main buildings or structures remain, unless an equivalent number of such spaces are provided elsewhere in conformance with this chapter. The parking spaces required for dwellings shall be located on the same site as the main building. The parking space required for other uses shall be located on the same or within six hundred (600) feet of such use, the distance to be measured along lines of public access. Lease agreements for off-site parking will be accepted.

(Ord. No. 4807, as amended, § 23(A), 2-2-81)

(a)

In the interpretation of the following requirements, ingress and egress drives to the parking lots shall be excluded.

(b)

There shall be provided at the time of the erection or enlargement of any main building or structure, minimum off-street parking spaces with adequate provisions for ingress and egress by standard-sized automobiles, as follows:

(1)

Residential:

(2)

Commercial buildings:

(3)

Industrial:

(4)

Educational and day care facilities, public and private:

(5)

Medical:

(6)

Public buildings:

(7)

Other uses:

(c)

The parking area shall have an area that would allow three hundred (300) square feet per vehicle. This would include ingress and egress areas, landscaping and aisle space.

(d)

No parking shall be allowed within the first ten (10) feet of any front yard adjacent to the street right-of-way in all residential zoning districts, except when parked on a hard-surfaced driveway. This section applies only to new construction of structures and change of use after the effective date of this chapter.

(e)

Off-street parking, as an accessory to residential uses in all residential zoning districts, includes the parking of valid licensed passenger automobiles, pickup trucks, major recreation equipment and recreational vehicles solely for use by the occupants of the dwelling or by guests of the occupants. Under no circumstances shall off-street parking, as an accessory use, be used for the parking of commercial vehicles which weigh over two (2) tons.

(f)

For those business zoning districts which act as a buffer area between business zoning districts and residential zoning districts, no parking shall be allowed within the first ten (10) feet of the required front yard adjacent to the right-of-way line.

(g)

No parking shall be allowed within the twenty-five-foot obstruction area specified in the obstruction ordinance in all business, industrial and other zoning districts.

(h)

Where a use is not specifically listed, parking spaces shall be provided for the most similar listed use, or as determined by the zoning officials.

(i)

An applicant will be required to request a variance to the board of zoning adjustment for joint usage of parking facilities. Joint use of parking facilities can be utilized under the following: Where there are two (2) or more land use activities within a reasonable distance of each other; where separate uses can be served by collective parking facilities; and where separate uses with parking demands occurring at different times can share a common facility.

(j)

The variance procedure shall include appropriate legal agreements between the owners of the properties showing the plan and agreement (which shall be binding upon the owners and their successors and assignees, and states the conditions established by the board of zoning adjustment).

(Ord. No. 4807, as amended, § 23(B), 2-2-81; Ord. No. 6585, § 2, 10-16-17)

Permanently maintained usable off-street loading area of three hundred (300) square feet per space shall hereafter be provided on the same lot when structures for the following uses are erected, established or expanded: table below. ms 2816—2818

(Ord. No. 4807, as amended, § 23(C), 2-2-81)

(a)

Every parcel of land used as a public or commercial (employee lot, etc.) parking area, automobile and trailer sales area, or loading space shall be improved to the following minimum standard: Asphalt, hot-mix laid, two (2) inches thick, on six (6) inches of compacted soil cement; or six (6) inches of reinforced concrete; or two (2) inches of hot-mix asphalt on six (6) inches of crushed rock (SB-2) base on a compacted sub- grade; or two (2) inches of hot-mix asphalt on eight (8) inches of gravel base, per state highway department specifications, on a compacted subgrade.

(b)

Where any parking area or loading space as required in business districts or for automobiles or trailer sales area, adjoins lots in residential districts, such lot shall be protected full length of the parking area or loading space by a permanent screen of solid wall, compact evergreen screen, or uniformly painted board fence, or woven wire (chain link) fence, have a height of not less than eight (8) feet, erected and maintained by the owner or user of such parking area or loading space.

(c)

Any lights used to illuminate such areas shall be so arranged as to reflect the light away from adjoining premises in any residential district.

(d)

Interior curbing shall be installed based on requirements of site plan review for all new construction, parking areas, traffic flow alterations and increased intensity uses.

(Ord. No. 4807, as amended, § 23(D), 2-2-81; Ord. No. 5430, §§ 14, 15, 4-1-91)

(a)

All off-street areas shall be hard surfaced (as provided for in this chapter) and maintained to prevent areas of standing water, potholes and dust. The parking area shall be arranged as efficiently as possible and marked to provide orderly and safe parking and movement of vehicles and be graded to drain so as to dispose of surface water. For non-residential uses, pavement markings shall be properly maintained and on-site signs properly maintained as necessary to provide a clear identification of parking spaces and to facilitate the movement of vehicular and pedestrian traffic.

(b)

Ingress and egress standards. Any area utilized as ingress and egress from the street pavement to the property owner's lot line shall be improved to standards as set forth in this chapter and maintained free of potholes so as to allow for the safe and efficient flow of vehicles entering and existing the public rights-of-way.

(c)

Vehicles sales and/or storage. Any area used for vehicle storage (sales or repair garages) shall be hard surfaced as provided for in this chapter and maintained in an impervious manner to prevent the accumulation of water. Customer parking spaces shall be identified, striped and free of sale or repair vehicles.

(d)

Penalties. Violations of the provisions of this section shall constitute a misdemeanor. Notice of violations along with corrective actions and terms to bring the violation(s) into compliance shall be sent to the property owner. The city seeks voluntary compliance by a business. If the required corrective action is not accomplished within the specified time frame, the business owners/managers in violation of this section shall be fined in accordance with sections 29-4 and 1-8 of the City of Pine Bluff Code of Ordinances.

Further, no property or condition shall be deemed to be "grandfathered" with respect to the requirements of this section and a violation existing at the time this section is adopted may be punished as provided herein after due notice and time for corrective action.

(Ord. No. 6585, § 4, 10-16-17)