For the purpose of this Code, the definitions contained in this Chapter shall be observed and applied. Words herein not defined shall be interpreted in accordance with definitions contained in the Webster's Dictionary. Zoning Use Descriptions are found in Section 4-5-2.

The following shall apply in order to provide clarity of interpretation:

1.

Words used in the present tense shall include the future, and words used in the singular number shall include the plural number, and the plural, the singular.

2.

The word "shall" is mandatory and not discretionary.

3.

The word "may" is permissive.

4.

The word "lot" shall include the word "parcel." The word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for", "intended for" "maintained for," and "occupied for."

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

Accessory Structure. An "accessory structure" is one that:

1.

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

2.

Is subordinate in area, extent, or purpose to the principal building or principal use served, as may be more clearly defined in the individual use district sections;

3.

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

4.

Is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off street parking facilities as are permitted elsewhere than on the same zoning lot with the building or use served; and

5.

Comprises a total square footage of no more than 30 percent of the area of the rear yard.

Accessory Use. A use of land or of a building or portion thereof customarily clearly incidental and subordinate to the principal use of the land or building and located on the same zoning lot with such principal use.

Acre. A measure of land containing 43,560 square feet.

Addition. Any construction that increases the size gross square footage of the building footprint such as a porch, attached garage or carport, new room or wing.

Administrative Official. The person or persons designated by the Mayor with the responsibility of enforcement and implementation of this Code.

Adult Day Care Center. A center maintained and conducted for the care of elderly during the day, away from the elderly's place of residence.

Aircraft landing facility, private. A private facility for accommodating the landing, departure, and storage of aircraft, as differentiated from a public airport.

Alley. A public way used as a secondary means for vehicular access to abutting property and not intended for general traffic circulation.

Alteration. Any change, addition or modification of an existing building, such as bearing walls, columns, beams, girder, or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

Amusement Arcade. A building or part of a building in which five or more pinball machines, video games, or other similar player-operated amusement devices are maintained.

Amusement Park. An outdoor facility, which may include structures and building, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, and buildings for show and entertainment.

Antenna Array. One or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include an omni-directional antenna (rod), a directional antenna (panel) and a parabolic antenna (disc). The Antenna Array does not include the Support Structure as defined herein.

Antenna Tower: FCC Jurisdiction. An antenna tower and related attachments subject to and protected by, the provisions of the federal Telecommunications Act of 1996 and any subsequent amendments.

Antenna Tower: Commercial Non-FCC. A communication or transmitting tower erected in a commercial district, serving as a stand-alone or accessory use for a private business, public, non-profit or other quasi-public entity and not subject to the provisions or protection of the federal Telecommunications Act of 1996.

Antenna Tower: Private. A communication or transmitting tower erected on residential property as an accessory use to the primary resident, including, but not limited to TV receptors or private (HAM) radio use.

Apartment Unit. One or more rooms with private bath and kitchen facilities comprising an independent self- contained dwelling unit in a multiple-unit dwelling, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete private kitchen and private bath facilities, permanently installed, must always be included for each apartment.

Attached Wireless Communications facility (Attached WCF). An Antenna Array that is attached to an existing building or structure which shall include, but not be limited to, utility poles, signs, water towers, with any accompanying poles or device which attaches the Antenna Array to the existing building or structure and associated connection cables, and any Equipment Facility which may be located either inside or outside the Attachment Structure.

Automobile Repair, Major. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair, and painting of vehicles.

Automobile Service Station. An establishment, the business of which is the operation of a motor fuel dispensing station, where repair work is limited to lubricating and washing of motor vehicles, changing and minor repairs of tires, and where no body work or major chassis or motor repairs are made, except incidental repairs, replacement of minor parts and motor service to automobiles, but not including any operation specified under "Automobile Repair, Major."

Automobile Wrecking Yard. See: "Junk Yard"

Basement. An underground or partially underground portion of a building or structure designed for human occupancy.

Bed and Breakfast. An owner-occupied dwelling unit that contains no more than 5 guest rooms where lodging and breakfast is provided for compensation. The owner of the inn shall live on the premises or in a residential structure located upon the same lot as the rooms for rent. (Ord. 2018-33)

Block. A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity to development.

Board of Adjustment. An officially constituted body whose principal duties are to:

1.

Hear appeals from the decision of the administrative officers in respect to the enforcement and application of the ordinance, and may affirm or reverse, in whole or in part, the decision of the administrative officer: and

2.

Hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the ordinance would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the ordinance.

Boarding or Lodging Housing. Housing operated as a commercial venture in which lodging and meals are provided on a more or less permanent basis, as distinguished from a Bed and Breakfast.

Buildable Area. The area of a lot remaining after the minimum yard and open space requirements of the Zoning Code have been met.

Building. Any structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, coal bunkers, and other similar structures are not considered as buildings.

Building Accessory. See "Accessory Structure."

Building, Detached. A freestanding building surrounded by open space on the same zoning lot.

Building Height. The vertical distance measured from the average elevation to the highest point of the roof of the finished grade within twenty feet of the structure.

Building Inspector. The person or persons designated by the appointing authority to enforce the provisions of the building code.

Building Line. The line, parallel to the street line that passes through the point of the principal building, nearest the front lot line as measured by from the foundation.

Building Permit. Written permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure.

Building, Principal. A building in which is conducted the principal use of the lot on which it is located.

Building Setback Line. A line parallel to the street line at a distance from it, regulated by the setback requirements contained in this Code.

Business Service. Establishment primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing, employment service, management and consulting services, protective services, equipment rental and leasing photo finishing, and personal supply service.

Campus. The grounds and buildings of a public or private college, university, schools, or institution.

Caliper. The diameter of a tree measured six inches above the soil.

Call Center. An office set up to handle a large volume of telephone calls, especially for taking orders and providing customer service. (Ord. 2018-33)

Carport. A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.

Cemetery. Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Child Care Center—Private. A commercial child care center conducted under private, for profit auspices providing direct care and protection for children.

Child Care Center—Public or Non-profit. A child care center conducted by a religious institution, school, or other non-profit organization and providing direct care and protection for children excepting that this definition does not apply to facilities meeting this definition but operating no more than three weeks at a time, specifically including religious study schools and day camps.

Child Care Family Home. A situation, arrangement, or agreement by which one or more persons care for six or more children from more than one family but no more than 16 children in the caregiver's own family residence or some other suitable family-type residence.

Churches and Places of Worship. A building set apart for public worship of any religion which, when permanently established, meets all federal, state, and local codes of development and construction.

Clinic, Medical or Dental. An establishment where patients are admitted for examination and treatment in a common building. A clinic shall not include in-patient care.

Club. An organization of persons for special purposes or for the promulgation of sports, arts, literature, politics, or the like, but not operated for profit, excluding churches, synagogues, or other houses of worship.

Co-location or Site Sharing. The use of a common Wireless Communication Facility (WCF) or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology or placement of a WCF on a structure owned or operated by a utility or other public entity.

Commercial Establishment. An economic unit, generally at a single physical location, where business is conducted or service operations performed.

Commercial Use. Activity carried out for pecuniary gain. Any building primarily used for a commercial use may not have more than 50 percent of the ground floor area devoted to storage or purposes incidental to such primary use.

Commercial Vehicle. Any motor vehicle licensed by the state as a commercial vehicle.

Community Center. A building used for recreational, social, educational, and cultural activities, usually owned and operated by a public or non-profit group or agency

Conditional Use. A use that, owing to some special characteristics attendant to its operation or installation (for example: potential danger, smoke, noise or traffic), is permitted in a district subject to approval by the Planning Commission and subject to special requirements, different from those usual requirements for the district in which the Conditional Use may be located.

Condominium. A building or group of buildings, in which units are owned individually while the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis. An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a property, such as an apartment or office building. A condominium may include, in addition, a separate interest in other portions of such real property.

Condominium, Commercial. A building (or group or buildings) used for office, businesses, professional services and other commercial enterprise organized, owned, and maintained as a condominium.

Cost, Replacement. The cost of creating a new structure and other improvements having the same or equivalent utility using current standards of materials and design based on current prices for labor and material.

Convenience Store—Small Scale. A retail commercial establishment, not exceeding 2,500 square feet in gross floor area, supplying a limited range of food items, magazines, toiletries, and tobacco products to meet the day-to-day needs of residents in the immediate neighborhood and which may or may not include fuel sales. For establishments greater than 2,500 square feet, see "Convenience Store - Large Scale.

Convenience Store—Large Scale: A retail commercial establishment supplying a limited range of food items, magazines, toiletries, and tobacco products and multiple fueling stations designed to meet the needs of the motoring public.

Country Club. A land area and buildings containing recreational facilities, club house, and usual accessory uses, open only to members and their guests for a membership fee.

Derrick Tower. A structure constructed of lattice steel and which is entirely self-supporting.

Developer. The legal or beneficial owner or owners of a lot or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land.

Development. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.

District. A park, zone or geographic area within the municipality within which certain zoning or development regulations apply.

"Drive-in" Type Uses. Sales or service uses which offer goods or services to customers waiting in parked vehicles, such as, but not limited to drive-in restaurants, drive-in banks, and automated car washes. Such uses create numerous vehicular conflict points thereby increasing potential traffic hazards. This Code specifically defines such uses with the intent of limiting their location to areas with adequate road accessibility and with a minimum of traffic conflict.

Dumpster. A container of at least five cubic yards in size that is utilized for collection of garbage and other waste materials that is located upon any property including Commercial Use property and any combination of Apartment Units.

Duplex. See Dwelling, Two-Unit.

Dwelling. A building or portions thereof designed or used exclusively for residential occupancy, including one-unit dwellings, two-unit dwellings, and multiple-unit dwellings, which structures are approved under the adopted building codes of the City of Searcy.

Dwellings, Attached. A dwelling that is joined to another dwelling at one or more sides by a party wall or walls.

Dwelling, Detached. A dwelling that is entirely surrounded by open space on the same lot.

Dwelling, Multi-Unit. A structure located on a single site within a structure or multiple structures designed and permitted for the purpose of providing individually addressed residences containing separate cooking, eating, living, and sanitary facilities for more than two housekeeping units.

Dwelling, One-Unit. A structure located on a single site and designed and permitted for the purpose of providing a residence containing cooking, eating, living, sleeping and sanitary facilities for one housekeeping unit.

Dwelling, Two-Unit. A structure located on a single site designed and permitted for the purpose of providing residences containing separate cooking, eating, living, and sanitary facilities for two separate housekeeping units.

Dwelling Unit. One or more rooms that are arranged, designed or used as living quarters for one housekeeping unit only. Complete single kitchen facilities, bathroom facilities, and sleeping facilities shall always be included for each dwelling unit.

Dwelling Unit, Efficiency. A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and bathroom facilities.

Easement. A grant by a property owner permitting the use by the public, a corporation, or person(s) of a portion of land for specific purposes.

Educational Institution. Public, parochial, elementary, secondary schools, or non-profit junior college, college, or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees.

Egress. An exit.

Enforcement Officer. See "Administrative Official"

Equipment Facility. Any structure used to contain ancillary equipment for a WCF.

FAA. The Federal Aviation Administration.

FCC. The Federal Communication Commission

Fence. A man-made barrier constructed to provide privacy or visual separation between one ownership and another.

Flood Insurance Rate Map. An official map of a community, issued by the Federal Insurance Administration, where the areas within the boundaries of special flood hazards have been designated.

Floor Area, Gross. The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading spaces for motor vehicles, or any space where the floor to ceiling height is less than six feet.

Floor Area Ratio. Determined by dividing the gross floor area of all buildings on a lot by the area of that lot.

FTA. The Federal Telecommunications Act of 1996. Garage, Private. An accessory building used for the storage only of motor vehicles, without the equipment for operation, repair, hire, or sale.

Garage, Public. A structure for the temporary parking of automobiles in which no servicing, repairs, washing, or reconditioning of motor vehicle is carried on.

Grade. The degree of rise or descent of a sloping surface.

Grade, Finished. The final elevation of the ground surface after development.

Guy-Wired Tower. A structure constructed of lattice steel and supported by guywires extending at angles from the structure to ground anchors.

Height. When referring to a WCF, Height shall mean the distance measured from ground level to the highest point on the WCF, including the Antenna Array. When referring to other structures, height shall also mean the distance measured from ground lever to the highest point of the structure, with regard to airport runway protection, Height shall be defined within the city's runway protection ordinance.

Home Occupation. Any activity carried out for gain by a resident conducted as an accessory use of the resident's dwelling unit.

Hospital or Sanitarium. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care of not less than 24 hours in a week of 3 or more non-related individuals suffering from illness, disease, injury, or other abnormal physical conditions. The term "hospital" as used in this Code, does not apply to institutions operating solely for the treatment of the mentally ill, drug addicts, liquor addicts, or other types of cases necessitating restraint of patients, and the term "hospital" shall not be used for convalescent, nursing, shelters, or boarding homes.

Hotel/Motel. A facility offering multiple transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities with full-time on-site management.

Housekeeping Unit. Any number of individuals living and cooking together on the premises as a single housekeeping unit. A housekeeping unit shall be deemed to include servants.

Ingress. Access or entry.

Integrated Shopping Center. An integrated shopping center, for sign regulation purposes, shall mean any parcel of land under one ownership or management which contains 4 or more different types of business uses located in 1 or more buildings.

Junk Yard. Any open space or area where motor vehicles (not in running condition), motor vehicle parts, paper, rags, metal, or similarly used but salvageable materials are bought, sold, exchanges, stored, baled, packed disassembled, or otherwise handled.

Kennel. An establishment which more than six dogs or domesticated animals more than one-year-old are housed, groomed, bred, boarded, trained, or sold.

Land Use. A description of how land is occupied or utilized.

Land Use Plan. A plan showing the existing and proposed location, extent and intensity of development of land to be used in the future for varying types of residential, commercial, industrial, agricultural, recreational, educational and other public and private purposes or combination of purposes.

Laundromat. An establishment providing washing, drying or dry-cleaning machines on the premises for rental use to the general public for laundering or dry cleaning purposes.

Loading and Unloading Space or Berth, Off-Street. An unobstructed, hard-surfaced area of which is for the standing, loading and unloading or motor vehicles, tractors, and trailers, to avoid undue interference with public streets and alleys.

Lot. A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law to be used, developed, or built upon as a unit.

Lot Area. The total horizontal area included within the lot.

Lot, Corner. A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.

Lot Coverage. The portion of the lot covered by buildings and structures. Lot Depth. The distance measured from the front lot line to the rear lot line.

Lot Frontage. The length of the front lot line measured at the street right or way line. Lot, Interior. A lot other than a corner lot.

Lot Line. A line of record bounding a lot which divided one lot from another lot or from a public or private street or any other public space.

Lot Line, Front. The lot line separating a lot from a street right-of-way.

Lot Line, Rear. The lot line opposite and most distant from the front lot line. Lot Line, Side. Any lot line other than front or rear lot lines.

Lot of Record. A lot that exists as shown or described on a plat or deed in the records of the local registry of deeds.

Lot Width. The distance measured as a straight line between the points where the building setback line intersects the side lot lines, or, in the case of a corner lot where the building setback line intersects a side lot line and, when extended, the opposite street right-of-way line.

Marquee or Canopy. A roof-like structure of a permanent nature which that projects from the wall of a building and overhangs a public way, and is designed and intended to protect pedestrians from adverse weather conditions.

Manufactured Home. A dwelling built in factory in accordance with the Federal Manufactured Home Construction and Safety Standards.

Manufactured Home Park. A parcel of land upon which 2 or more manufactured homes are situated either free of charge or for revenue and shall include any building, structure, tent, vehicle, or enclosure used or intended for use as a part of the site.

Mining, Excavation, and Material Storage. The extraction, removal, or storage or clay, gravel, or sand; quarrying of rock or stone; earth moving and excavation; depositing of construction material, clay, earth, gravel, minerals, rocks, sand, or stone on the ground.

Mini-warehousing. The process of storing in structures of a restricted size, merchandise and/or household goods. Structures for this purpose shall be restricted to a 15-foot height, and an interior area of 300 square feet per unit.

Mobile Home. a dwelling that was fabricated in a factory, designed to be a permanent residence, built prior to enactment of the Federal Manufactured Home Construction and Safety Standards, and consistent with any existing state definitions

Mobile Home Park. (See Manufactured Home Park)

Modular Home. Standardized units other than manufactured homes as defined above which are manufactured elsewhere and assembled at the building site and which meet the city's building code and are acceptable in the residential districts.

Monopole Tower. A Support Structure composed of a single pole without any guy-wired support

Nonconforming Lot. A lot, the area, dimensions or locations of which was lawful prior to the adoption, revision, or amendment of the zoning code, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the Zoning Code.

Nonconforming structure. A lawful structure which exists upon the adoption or amendment of this Code that could not be built under the terms of this Code by reasons or restrictions on area, lot coverage, height, yards, or other characteristics of the structure, or its location on the lot.

Nonconforming use. The use of any structure or land lawfully occupied and maintained as of the day immediately preceding the adoption of this Zoning Code, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption of this Code or amendments thereto.

Nursing Home, Rest Home, Convalescent Home. A private home for the care of children or aged or infirmed, or a place of rest for those suffering bodily disorders, but not including hospitals and sanitariums.

Off-Street Parking Space. A temporary storage area for a motor vehicle that is accessible to a street or alley and which is not located on a dedicated street right-of-way.

Offices. A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government.

Office-At-Home. A home occupation in which a part of a dwelling unit is used as the resident's office. See Home Occupation.

Office Building. A building used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity, that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand.

Open Space. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

Open Space, Common. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.

Open Space, Green. An open space area not occupied by any structures or impervious surfaces.

Open Space, Private. Common open space held in private ownership, the use of which is normally limited to the occupants of a single dwelling or building.

Open Space, Public. Open space owned by a public agency and maintained by it for the use and enjoyment of the general public.

Ordinance. A municipally adopted law or regulation.

Outdoor Storage. The keeping in an unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

Parcel. A lot or tract of land.

Park. A tract of land, designated and used by the public for active or passive recreation.

Parking Area. Any private or public land area designed and used for parking motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets.

Parking Space. A space for the parking of a motor vehicle within a public or private parking area.

Party Wall. A common shared wall between two separate structures, buildings, or dwelling units.

Planned Unit Development. An integrated design, including zoning and site plan, for development of residential, commercial, or industrial uses, or a combination of such uses, in which one or more of the regulations of the zone in which the development is to be situated, is waived or varied to allow flexibility and initiative in site and building design and location in accordance with an approved plan and imposed general requirements as specified in this code.

Planning Commission. The Planning Commission of the City of Searcy, Arkansas.

Planting, landscape: A tree, shrub, or perennial included as part of a landscape plan.

Plat. A map representing a tract of land, showing the boundaries and location of individual properties, streets, easements and rights-of-way; a map of a subdivision or accessory use.

Primary Residence. A dwelling unit in which an owner or lessee resides.

Principal Use. The main use of land or buildings as distinguished from a subordinate or accessory use.

Professional Offices. Offices where no on-premises stock of goods for sale to the general public are maintained (incidental sales of supplies may be allowed) and the operations and services of which are generally of a personal, medical, financial, or legal nature, including, but not limited to, doctors, lawyers, photographers, barbers or beauticians, engineers, or public service companies.

Provider. Refers to a wireless license holder providing wireless communication services through one or more Antenna Arrays.

Public and Community Service Uses. For the purpose of this Code, the term "Public and Community Service Uses" shall include the following: police stations or sub-stations, fire stations or sub-stations, public utility stations or sub-stations, postal stations or sub-stations, sewage pumping stations, public library branch facilities, and other similar uses, including government buildings.

Public Utility. Any person, firm, corporation, or municipal department, duly authorized to furnish under public regulation to the public, electricity, gas steam, telephone, communications, transportation, sewer, or water.

Quorum. A majority of the full membership of a board or agency.

Recreational Facility. A place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.

Recreational Vehicle. A vehicular, portable structure, built on a chassis, with or without complete kitchen, toilet, bath and shower facilities and which is intended as temporary human habitation for travel, recreational, and vacation uses. A "travel trailer" used as a permanent dwelling unit is expressly prohibited by this Code.

Recreational Vehicle Park. A parcel of land in which two or more campsites are designated primarily for temporary occupancy by recreational vehicles for travel, recreational, or vacation uses, or temporary construction facilities in allotted spaces known as "sites" or "campsites."

Rehabilitative Home. Dwellings established for rehabilitative and/or educational purposes for temporary inhabitants.

Restaurant and Eating Establishment—Non-drive Through. A business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in non- disposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.

Restaurant and Eating Establishment—Drive Through. An establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not is also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.

Retail Services. Establishments providing services or entertainment as opposed to products to the general public, including: restaurants, hotels and motels, financing, real-estate and insurance, personal services, motion pictures, amusement and recreation services, health, educational and social services, and museums and galleries.

Retirement Home. A group of dwelling units designed specifically for the elderly.

Rural Area. A sparsely developed area, with a population density with less than 10 persons per acre, where the land is undeveloped or primarily used for agricultural purposes.

Setback. The distance between the street right or way line and the front line of a building or any projection thereof, excluding uncovered steps.

Setback (Wireless Communications Facility). The required distance from the WCF to the property lines of the parcel on which the WCF is located.

Setback Line. That line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.

Short-Term Rental. A lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, that is offered or provided to a transient guest for a fee for less than 30 days each duration.

Short-Term Rental Local Property Representative. An administrative representative of a short-term rental host who will be available to respond to any problems, issues, or questions that arise during the short term rental of a unit.

Short-Term Rental Host. Any person, relative, or business entity, including a tenant whose lease extends beyond any short-term rental period, who receives payment for owning or operating a dwelling unit, or portion thereof, as a short-term rental unit. Sign: Any outdoor device, figure, painting, message, poster, or other structure which is designed or intended to provide information.

Sign, Billboard. An off-premise sign exceeding 32 square feet in area.

Sign, Balloon. A type of temporary sign that floats and is designed to resemble a balloon, blimp, dirigible, hot air device or other flying object tethered to the ground.

Sign, Canopy. A sign attached to the underside of a canopy.

Sign, Construction. A temporary sign erected on the premises where construction is taking place, during the period of such construction.

Sign, Flashing. Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever.

Sign, Freestanding. Any non-movable sign not affixed to a building.

Sign, Ground. A freestanding sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground.

Sign, Height. The vertical distance from the highest point of the sign or structure to the grade of adjacent street or surface grade beneath the sign, whichever grade is lower.

Sign, Illuminated. A sign designed to give forth any artificial light or reflect such light from an artificial source.

Sign, Nonconforming: Any sign which is not permitted within the district in which it is located.

Sign, Off-premise. A sign that directs attention to an entity, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

Sign, Pole. A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is 6 feet or more above grade.

Sign, Political. Temporary sign erected on private property within the City for the purpose of political campaigning regarding a designated election.

Sign, Portable. Any sign which is movable, portable, or designed to be portable which is in the shape of an "A" frame, panel, or mounted on wheels or legs of any kind, whether or not permanently affixed to the ground or buildings. Portable signs include movable "reader board" signs which are signs in which the information is provided by digitally active electrical lettering.

Sign, Projecting. A sign which projects from and is supported by a wall of a building and does not extend beyond, into, or over the street right-of-way.

Sign, Roof. A sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top edge or roof line of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.

Sign, Temporary. A sign not constructed or intended for long-term use, and not permanently attached to the ground, a building, or structure. Temporary signs shall include all signs made of non-durable material, including but not limited to cloth, canvas, paper, cardboard, flexible vinyl, nylon, tarpaulin or like material, coated paper or canvas, or organic material. See also: "Balloon Sign."

Stacking Space. A temporary standing space for an automobile, which provides access to a drive-in facility. The term is also used to denote the space for vehicles using a turn-lane or acceleration/deceleration lanes.

Stealth Technology. Systems, components and materials used in the construction of the WCF, which are designed to mask or conceal the WCF to make it compatible with the surrounding property.

Street. A right-of-way other than an alley, which affords a primary means of access to an abutting property.

Structural Alteration. Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.

Structure. A combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water.

Support Structure. A structure designed and constructed specifically to support an Antenna Array, and may include a Monopole, Guy-wire Tower, or Derrick Tower. Any device used to fasten an Attached WCF to an existing building or structure shall be excluded from the definition of and regulations applicable to Support Structures.

Technical Review Committee. The city staff committee responsible for the review and/or approval of certain applications within this Code.

Tower Use Permit (TUP). A permit issued by the City specifically for the location, construction and use of a WCF subject to an approved site plan and special conditions determined by the Planning Commission to be appropriate under the provisions of this section.

Transient Guests. Those who rent accommodations other than their regular place of abode.

Transitional Housing. Also known as "halfway housing". Housing designed to accommodate a defined group, not all related who are occupying premises and living as a single, nonprofit, managed housekeeping unit, as distinguished from a group occupying board or lodging house.

Travel Trailer or Motor Home. See "Recreational Vehicle."

Truck Stop. Any retail establishment that is greater than 3,500 square feet in gross floor area which offers for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for off-site consumption. For establishments 3,500 square feet or less see "Convenience Store"

Vacation Rentals. An entire residential unit that is not a primary residence and is consistently rented to various guest for various periods of time.

Variance. Permission granted by the Board of Adjustment to depart from the literal requirements of a zoning code.

Warehousing. The process of storing in structures, merchandise, household goods and/or agricultural products.

Wholesaling. Those operations that are engaged in the business of selling to retailers or jobbers rather than consumers.

Wireless Communications. Any personal wireless service as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless communications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed.

Wireless Communication Facility (WCF). Any unstaffed facility for the transmission or reception of wireless telecommunications services, usually consisting of an Antenna Array, connection cables, an Equipment Facility, and a Support Structure to achieve the necessary elevation.

Wires, Overhead: All wires suspended above ground by a utility or other entity so that clearances mandated by current editions of the National Electric Safety Code, the National Electric Code, and other state and local regulations must be maintained.

Yard or Setback. An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed by a structure from its lowers level upward, except as otherwise permitted in this Code, and which extends along a lot line and at right angles thereto a depth or width specified in the yard regulations for the district in which the zoning lot is located.

Yard or Setback, Front. A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the principal building. On corner lots the front yard shall be considered any yard that has street frontage.

Yard or Setback, Rear. The area extending along the full length of the rear lot line between the side lot lines. In all instances, including corner and irregular lots, the rear of the lot shall be that area opposite the front.

Yard or Setback, Side. The area extending along a side lot line from the front yard to the rear yard. Such side yard is unoccupied and unobstructed by a structure from the ground upward except as may be permitted elsewhere in this Code.

Yard or Setback, Side-Street. The area extending along a side lot line from the front yard to the rear yard. Such side yard is unoccupied and unobstructed by a structure from the ground upward except as may be permitted elsewhere in this Code. The side-street yard shall be considered the yard that has street frontage that the primary entrances does not face.

Zero Lot Line. The location of a building on a lot in such a manner that one or more of the building sides rest directly on a lot line.

Zone. Specifically, delineated areas or districts in the City of Searcy within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.

Zoning Map. The map or maps, which are a part of the zoning Code, and which delineate the boundaries of zoning districts.

(Ord. 2020-06; Ord. No. 2022-14, 6-14-22; Ord. No. 2022-22, § 1, 8-9-22, eff. 1-1-23)