The City is divided into the following Zoning Districts:

(Ord. 2022-14)

The City of Searcy is divided into zoning districts as shown on the Official Zoning Map, which is a part of these regulations. The Official Zoning Map shall be identified by the signature of the Mayor and shall be available for viewing at City Hall.

When uncertainty exists as to the boundaries of the districts shown on the Zoning Map, the following rules shall apply:

1.

District boundary lines are intended to follow either the centerline of blocks, highways, streets, alleys, or easements, or the boundary lines of sections, quarter sections, divisions or sections, tracts or lots, or such lines extended unless otherwise indicated.

2.

The Planning Commission shall determine the boundary location of a zoning district when it cannot be determined by the provisions of Article 3-3, paragraph 1.

3.

Where a lot held in one a single ownership and of record on the effective date of this Code is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district. In cases where uncertainty exists, the Planning Commission shall interpret the intent of the district boundary line.

Territory may be annexed to the City of Searcy by one of three methods. These are the election method, the petition method and the annexation of islands by city ordinance. The method of annexation shall determine the manner in which zoning classifications are assigned to newly annexed areas.

An accurate plat of any newly annexed area shall be submitted by the owner(s)/developer(s) to the Planning Commission for the purpose of zoning. No building permits shall be issued prior to the completion of annexation.

3-4-1: Election Method. Territory annexed by the election method will be temporarily zoned UT, Urban Transitional for a period of 60 days following certification of the election. During this time the Planning Commission may conduct a public hearing to discuss the zoning of newly annexed areas and any modifications to the Comprehensive Plan that might be appropriate. Notice of the public hearing shall be advertised in a newspaper of general circulation no less than 15 days prior to the hearing. Following the public hearing, the Planning Commission shall forward a report to the city council proposing changes, as necessary, to the comprehensive plan and recommended zoning classification(s) to the newly annexed property. The City Council shall then act upon the recommendations in accordance with the provisions of Chapter 9. If the Planning Commission has not initiated action for zoning the newly annexed areas within 60 days, the temporary UT Urban Transitional zoning shall become permanent.

3-4-2: Petition Method. Following the entering of an order by the county court granting a petition for re-zoning, and during the 30-day waiting period during which proceedings may be instituted for having the annexation prevented, the planning commission shall conduct a public hearing to discuss the zoning of the proposed annexed areas and any modifications to the Comprehensive Plan that might be appropriate. Notice of the public hearing shall be advertised in a newspaper of general circulation no less than 15 days prior to the hearing.

Following the public hearing, the Planning Commission shall forward a report to the city council proposing changes, as necessary, to the comprehensive plan and recommended zoning classification(s) to the proposed for annexation. It the city council accepts the recommendation; the zoning classifications shall be assigned at the time during which the city council accepts the territory. If no zoning is assigned at this time, the territory shall be classified as UT Urban Transitional.

3-4-3: Island Method. Islands annexed by ordinance shall be assigned a zoning classification consistent with the comprehensive plan and surrounding areas at the same time the city council annexes the territory by ordinance. If the city council does not assign a zoning classification at this time, the territory annexed by ordinance shall be classified as UT Urban Transitional.

These regulations shall apply as follows:

1.

Except as otherwise provided, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Code.

2.

Any lawful building, structure, or use existing at the time of the enactment of this Code may be continued, even though such building, structure, or use does not conform to the provisions of this Code for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of the Code.

3.

All new buildings and structures shall conform to the regulations established for the district in which each building is located, except that parapet walls, chimneys, stacks, and cooling towers, elevator bulkheads, fire towers, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the City of Searcy.

When a use is not specifically listed as a permitted or conditional use within a particular zoning district, the Planning Commission shall determine if the use is substantially similar in its character and external impacts to the already listed permitted and conditional uses. If the use can be determined to be substantially similar in its character and external impacts, it may be treated as a permitted or conditional use, as determined by the Planning Commission, until such time this code is amended appropriately. If the use cannot be determined to be substantially similar in its character and external impacts, it shall be considered prohibited. A determination to treat a use as a permitted or conditional use shall include written findings to support the Planning Commission's decision.

Nothing in these regulations shall require any change in the plans, construction, or designated use of a building actually under construction at the time of the adoption of these regulations.

Nothing in these regulations shall require any change in plans, construction or designated use of a building for which a building permit has been issued within 30 days prior to the adoption of these regulations, provided construction is begun within 90 days of the effective date of these regulations and diligently pursued to completion.

For lands annexed into the City of Searcy after adoption of these regulations, nothing in these regulations shall require any change in plans, construction, or designated use of a building under construction, or any building not under construction that can be determined to be in compliance with Arkansas State Fire Code.

The required lot or yard area for an existing or new building may not be reduced or be allowed to count toward the required lot or yard area for another building or use. The improper reduction of lot or yard area for a building or use is a violation of this Code.

In residential districts only one principal structure and its customary accessory structures may be built on any lot unless otherwise provided in this Code. Accessory structures with sinks, cook stoves, other kitchen facilities, and bathroom facilities designed for independent occupancy of a structure shall be considered evidence that the structure is not an accessory structure, but a separate dwelling.

Structures, as defined in this code, and fences shall not be permitted in the front yard of any residential district or the C-3 Low-Intensity Commercial District. Any yard adjoining a street shall be considered a front yard as defined by this Code.

(Ord. 2018-33)

No Dumpster shall be permitted to be installed, or to remain, unless the same is enclosed on at least three sides by an enclosure of a height which completely conceals the Dumpster, the open side of such enclosure to be adjacent to the parking area for the building, and away from adjoining property.

(Ord. 2018-33)

No Mini-warehouse shall be permitted unless there shall be constructed, along the front, and any side of the property adjoining a Residential Zoning Classification, a privacy fence of no less than 5 feet in height, Further, no Mini- warehouse shall be permitted unless the same is served by at least two vehicular entrances to the property, each of which shall be at least 20 feet in width.

(Ord. 2018-33)

Accessory Buildings: In all residential areas, accessory buildings more than 15 feet in height, as measured from ground level to the highest point, must meet the same setback requirements as the primary structure. In all districts, accessory buildings shall be clearly incidental and subordinate to, and support only the primary building on the lot.

(Ord. 2018-33)