4-1-1: District Descriptions.

R-1—Multi-Unit Residential: The R-1 District provides for suitable areas for medium and high-density development. It is the least restrictive residential district in terms of density and is designed to achieve the affordable housing goals of the Comprehensive Plan.

R-2—Two-Unit Residential: The R-2 District allows for a variety of housing types to allow full development or redevelopment of residential districts that would benefit from a variety of moderated density housing.

Where housing types are mixed, units will present conformance to common scale and density factors. These will include scale, orientation, design theme, building materials, and appearance. The protection of overall neighborhood stability shall be maintained to the extent possible in this district.

R-3—One-Unit Residential - Small Lot: The R-3 District provides for medium-density residential of one-unit dwellings and complementary land uses.

R-4—One-Unit Residential - Medium Lot: The R-4 District provides for quiet, low-density residential areas.

R-5—Estate Residential: The R-5 District is established for large residential tracts that allow low-density residential development.

R-AH - Manufactured Home Residential: The R-AH District provides a medium-density residential district composed of manufactured homes, one-unit dwellings, and complementary land uses.

4-1-2: Permitted Uses: See Table of Uses Art. 4-5.

4-1-3: Area Requirements. All setbacks shall be measured from the property line or projected Master Street Plan right-of-way, whichever is greater. No building shall be built or made larger unless the following area requirements are met:

Notes:

a.

When a majority of the lots on side or street-face of a block have existing principal structures on them and those structures do not meet the minimum required front setback, the required setback may be reduced. In such cases, the setback of all structures on the street-face of the block (no more than 6 adjacent lots) may be measured to determine the average setback. This calculated front setback may be used as the front or side- street setback line for any new construction or expansion of existing structures.

b.

Existing platted lots of record that do not meet the above requirements may be used subject to Art. 8-6.

(Ord. 2022-14)

4-2-1: District Descriptions.

C-1—Downtown Commercial: The C-1 District provides for intensive use of the core area or central business area of the City of Searcy. This is the area traditionally regarded as the historic "Downtown" of the city and this code provides different standards to the district as regards parking, setbacks, and height restrictions.

C-2—General Commercial: The C-2 District Provides for appropriate locations for those commercial establishments, which are cohesive, attractive and convenient for vehicular and pedestrian accessibility.

C-3—Low-Intensity Commercial: The C-3 District provides for convenient shopping for residents of the City of Searcy and the motoring public. Uses in the C-3 District shall be low-traffic, low-impact facilities that will blend with the character of surrounding properties and will serve as a transitional buffer between residential areas and more intense commercial areas.

C-4—Regional and Open-Display Commercial: The C-4 District provides for the business-commercial uses of a regional nature, auto-oriented high traffic generating uses, and uses which give rise to numerous vehicular traffic conflict points. It is the least restrictive of the commercial districts and permits the widest variety of uses. Uses in this district should not reduce the level of service on major or minor traffic arteries.

4-2-2: Permitted Uses: See Table of Uses Art. 4-5

4-2-3: Area Requirements. All setbacks shall be measured from the property line or projected Master Street Plan right-of-way, whichever is greater. No building shall be built or made larger unless the following area requirements are met:

Notes:

a.

Buildings in C-1 are required to be built up to the edge of the front property line, unless the location of the structure would interfere with visibility for traffic or would require a portion of an existing sidewalk to be removed.

b.

Setback may be reduced to 15 feet, when off-street parking is placed in the rear or side yard. Setback is 45 feet when off-street parking placed in front of building. No off-street parking shall be permitted in the front 5 feet, which shall be reserved for landscaping and signage.

c.

For residential dwellings an additional 2,000 sq. ft. for each additional dwelling unit over 4.

d.

For all commercial districts except C-1, a 10-foot buffer shall separate the commercial use from any residential district. (Ord. 2018-33)

e.

Existing platted lots of record that do not meet the above requirements may be used subject to Art. 8-6.

4-3-1: District Descriptions.

I-1—Restricted Industrial: The I-1 District provides for the restricted industrial, wholesale, and research establishments whose business is conducted principally within an enclosed building.

I-2—Heavy Industrial: The I-2 District provides for those manufacturing and other industrial activities that are not consistent compatible with business or residential use. The I-2 District is intended to provide a place for manufacturing products from raw materials.

4-3-2: Permitted Uses: See Table of Uses Art. 4-5

4-3-3: Area Requirements: All setbacks shall be measured from the property line or projected Master Street Plan right-of-way, whichever is greater. No building shall be built or made larger unless the following area requirements are met:

Notes:

a.

No off-street parking shall be permitted in the front 5 feet, which shall be reserved for landscaping and signage.

b.

When adjoining a residential district or use, the required setback is 25 feet.

c.

When adjoining a residential district or use, the required setback is 50 feet.

4-3-4: Standards of Use:

4-4-1: District Descriptions.

PUD—Planned Unit Development: The purposes of this zone are to promote flexibility and innovation in design and to encourage innovation in the design of large-scale developments and the use of vacant, in-fill parcels in the built-up portion of the city. The zone also promotes the inclusion of open space in developments.

U-T—Urban Transitional District: The Urban Transitional District is created to prevent premature urban development of certain lands that eventually will be appropriate for urban use, until the installation of streets, utilities, and community facilities make orderly development possible. The UT District is established to insure adequate light, air, and privacy for each dwelling unit, and to provide adequate separation between dwelling units and facilities for limited agricultural pursuits.

DS-O—Downtown Searcy Overlay District: The purpose of establishing the DS-O district is to protect and enhance the visual appearance and character of historic downtown Searcy. It will also provide opportunities for the mixed use of commercial and residential spaces within the district boundary to attract and promote both business during regular weekday business hours as well as weeknight and weekend activities.

4-4-2: PUD—Planned Unit Development. Includes developments formerly zoned PD

1.

General Description: In concept, a Planned Unit Development (PUD) is a combination of zoning designation and development plan. The approval process is designed to encourage innovation by the developer in allowing submittal of engineered plans, known as a final development plan, after approval of a zoning plan to rezone the property. Development must follow the approved final development plan exactly. Failure in this respect can result in revocation of the PUD. Although design innovation is encouraged, and flexibility is allowed, the PUD may not be used simply as a method of avoiding zoning regulations.

2.

Minimum Size and Criteria: PUD applications shall meet the following criteria before they will be considered for review and approval.

A.

PUDs may be residential, commercial, industrial, or mixed-use in nature.

B.

There are no minimum size restrictions for PUDs; however, the Planning Commission will only consider PUDs of less than 1 acre when it can be demonstrated by the applicant that use of the property cannot be made productive under normal zoning regulations.

3.

Development Standards:

A.

Uses Permitted: Permitted uses within a PUD shall conform to the permitted uses within the existing zoning district in which the PUD is being proposed or shall be consistent with the general character of the land use classification of subject property in the city's Comprehensive Plan.

B.

Development Density: The development plan shall clearly depict the proposed density by land use category.

C.

Setbacks: Building setbacks will be designed in such a manner that they create a harmonious grouping of buildings, allow all maintenance of streets and utilities, do not violate any safety codes including the Arkansas State Fire Prevention Code, is in compliance with the visibility requirements of Article 5-7 of this code, and do not restrict the provision of emergency or public services.

D.

Lot Size and Area Requirements: No minimum lots sizes are established. Housing and development can be clustered or otherwise concentrated or arranged in planned locations on the site to take advantage of natural features and topography. The following restrictions apply:

i.

Residential Density: Residential density for any development shall not exceed the following standards as measured by dwelling units per developable acre (dua). Calculation shall not include areas devoted to streets and drainage improvements. This shall be computed by the equation below:

Housing Units/(Developable Land + Common Usable Open Space) = Residential Density

E.

Open Space Reservation: Land not used by buildings, accessory structures, yards, streets, or drainage, shall be maintained as common usable open space for the purpose of providing parks, recreational facilities, ways for pedestrian movement and circulation, and conserving visually pleasing elements of the environment.

F.

Common Usable Open Space—Future Phase Construction: If common usable open space and common space improvements required for a development are planned for construction in future phases, a performance bond shall be required. Prior to the sale of any lot, site, home or other structure, a bond of sufficient surety determined by the Administrative Official shall be posted with the City for completion of said common usable open space improvements. The amount of the bond shall reflect 150 percent of the Administrative Official's estimate for completing the required improvements. The zoning plan shall clearly depict the amount of land to be used and maintained as permanent common usable open space.

G.

Bills of Assurance, Covenants, Trusts, and Homeowners Associations: The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction, and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, buildings, lighting, security measures, and similar common elements. All legal instruments setting forth a plan or manner of permanent care and maintenance of such open space, recreational areas, and common owned facilities shall be approved by the City Attorney as to legal form and effect, and by the planning commission as to the suitability for the proposed use of the common owned facilities.

If the common owned facilities are deeded to a homeowner association, the developer shall file with the approved final plat/final development plan a declaration of covenants and restrictions in the bill of assurance. The following is required:

i.

The homeowner association must be legally established before building permits are granted.

ii.

Membership and fees must be mandatory for each home buyer and successive buyer.

iii.

The open space restrictions must be permanent.

iv.

The association must be responsible for the maintenance of all common owned facilities covered by the agreement and for all liability, taxes, and other assessments.

v.

Homeowners must pay their pro-rata share of the initial cost, the maintenance assessment levied by the association must be stipulated as a potential lien on the property.

vi.

The association must be able to adjust the assessment to meet changed needs.

H.

Nothing in this Code shall be construed as assigning or assuming any responsibility or liability, on the part of the City of Searcy, for maintenance of any private open areas, parks, or recreational facilities. A hold harmless clause shall be incorporated in the covenants running with the land to this effect. It shall be provided further, however, that when an owner of a Planned Development desires to dedicate certain land areas to the City for public parks and recreational facilities, and the City approves the nature and location of such lands, and accepts by council action the dedicated areas, the City shall be responsible for the operation and maintenance of these lands and properties.

I.

Landscaping: Landscaping requirements shall be handled within Art. 6-7 of this Code.

J.

Private Street Conversion: Private streets that are requested to be converted to public ownership shall be required to be improved to city standards prior to dedication to the city. The owners will bear full expense of reconstruction or any other action necessary to make the streets fully conform to the requirements applicable to public streets, prior to dedication and acceptance. The owner shall not be compensated for any street dedicated to public use. Any private street conversion shall be subject to the maintenance bond requirements found in the appropriate section of the City's Subdivision Code.

K.

Land Subdivision: In the construction and installation of all subdivision improvements in the planned development, said improvements shall conform to all requirements and standards as set forth in the City's Subdivision Code.

4.

Review and Approval Types:

A.

Short Form PUD: Developments contained on one lot that are not intended for resubdivision into additional lots.

B.

Long Form PUD: Developments intended to plat property into 2 or more lots.

5.

Short Form PUD Review and Approval Procedure:

A.

Pre-application Conference: Before submitting an application for PUD approval, the owner, authorized agent, or developer shall confer with the Administrative Official. The intent of this conference is to provide guidance to the applicant prior to incurring substantial legal and engineering expense in the preparation of plans. The staff will also provide a submittal packet outlining the PUD application process.

The Administrative Official will discuss the applicant's potential application and inform the applicant of any perceived potential problems that might arise in the development process. The Administrative Official may refer the applicant to the Technical Review Committee for additional advice.

B.

Zoning Plan Review and Approval: The Zoning Plan shall consist of a Zoning Plan for the development without the submittal of an engineered site plan and construction plans. Approval of the Zoning Plan shall have the effect of rezoning the property.

i.

A Request for Planning Commission Action, in a form provided by the Planning Office shall be provided no later than the end of the first business day of the month preceding the month in which Planning Commission Action is requested. The applicant shall submit all requested material 5 business days from the first of the month preceding the month in which Planning Commission Action is requested except for a proof of publication of the required public hearing notice and proof of certified mail deliveries. Those items must be filed with the Planning Office no later than 7 business days before the Planning Commission meeting at which the request is to be heard. See section 4-4-2.7 below for submittal requirements for Short Form PUD Zoning Plan applications.

ii.

Hearing on Application: Upon receipt in proper form of the application for a Zoning Plan Approval, the Administrative Official shall fix a date for a public hearing according to a monthly schedule maintained in the Planning Office.

Notice of such hearing shall be published at least one time not less than 15 days prior to the date of the public hearing in a newspaper of general circulation in the City of Searcy. The applicant shall bear the cost of such advertising.

Notice of such hearing shall be given by posting a suitable and pertinent sign on the property involved by the applicant not less than 15 days prior to the hearing. Posting of the sign by the prescribed time shall be the responsibility of the city.

Notice of the Public Hearing prescribing the date of the hearing and including a description of the property and of the proposed Amendment relating thereto shall be given by the Applicant, at his expense, to each owner/or occupant of property located within 200 feet of the property which is the subject matter of the application within 15 days of the hearing date. This notice requirement shall be satisfied by notice by certified mail, return receipt requested.

No less than 7 days prior to the public hearing, the applicant shall submit supplementary materials to the Planning Office consisting of the following.

a.

Proof of publication that the required public notice has appeared in a newspaper of general circulation at least 15 days prior to the public hearing.

b.

Return receipts from certified mailing to owner/occupants within 200 feet of the property which is the subject matter of the application.

The applicant shall then be placed on the Planning Commission agenda for the meeting on which the public hearing is to be held.

iii.

Within 30 days of the public hearing, the planning commission shall render a decision to approve, conditionally approve, or deny the application. At any point following the public hearing, the applicant may request deferral of a decision on the application to allow modification. Any application which is deferred shall be subject to an additional public hearing to allow public comment. If the request for deferral is made at the same meeting at which the public hearing is made, the planning commission shall allow the public hearing to be continued at the following regular meeting of the Planning Commission without being re-advertised.

iv.

For any application that is conditionally approved by the Planning Commission, the applicant shall have 90 days to submit modified plans. These plans shall be reviewed by the Administrative Official to determine if the modified plans comply with the Planning Commission's conditional approval. The Administrative Official shall provide a written report of his/her findings. The city council will not consider any modified plans that are not reviewed by the Administrative Official.

v.

An application which is approved or conditionally approved shall be forwarded to the city council for approval. The city council shall render a decision to approve or deny the application by an ordinance to rezone the property. Such decision shall occur within 30 days of a decision of the planning commission or submission of modified plans, whichever is later.

vi.

To approve a PUD Zoning Plan, the planning commission shall find the following:

a.

The PUD provides public benefits that would not be achievable through the normal zoning regulations.

b.

That adequate public utilities are already in place to service the property, or the developer has sufficient plans and private financial commitment in the form of a bond or letter of credit in place to ensure adequate public utilities will be available to service the property.

c.

The land use is compatible with surrounding developments.

d.

The PUD is compatible with the city's comprehensive plan.

e.

The PUD will not endanger the public health, welfare, or safety.

C.

Final Development Plan Review and Approval: The Final Development Plan shall consist of a Zoning Plan and submittal of an engineered site plan and construction plans. Approval of Final Development Plan shall have the effect of permitting development of the property.

i.

The applicant shall provide the submittal requirements necessary for a Short Form PUD Final Development Plan.

ii.

The Administrative Official and Technical Review Committee shall review the application and provide comments to the applicant for revision of the drawings.

iii.

The Administrative Official shall approve or deny the Final Development Plan and provide report of his/her approval to the Planning Commission within 5 business days. The Administrative Official shall not approve a Final Development Plan that contains a Zoning Plan that does not match the Zoning Plan previously approved the Planning Commission and City Council, or that contains construction plans that do not address comments for revision made by the Technical Review Committee.

iv.

The Administrative Official shall have the authority to defer approval of a Final Development Plan to the Planning Commission. The Planning Commission shall have the authority to require any Final Development Plan be reviewed for approval by the Planning Commission instead of the Administrative Official, at the time of approval of the Zoning Plan.

v.

The applicant, any Planning Commissioner, any City Council member, or any aggrieved party may appeal the decision of the Administrative Official rendered on a Final Development Plan by written request made to the Administrative Official within 15 days of the Administrative Official's decision. The appeal shall be heard by the Planning Commission.

6.

Long Form PUD Review and Approval Procedure:

A.

Pre-application Conference: Before submitting an application for PUD approval, the owner, authorized agent, or developer shall confer with the Administrative Official. The intent of this conference is to provide guidance to the applicant prior to incurring substantial legal and engineering expense in the preparation of plans. The staff will also provide a submittal packet outlining the PUD application process.

The Administrative Official will discuss the applicant's potential application and inform the applicant of any perceived potential problems that might arise in the development process. The Administrative Official may refer the applicant to the Technical Review Committee for additional advice.

B.

Zoning Plan Review and Approval: The Zoning Plan shall consist of a Zoning Plan for the development without the submittal of an engineered site plan and construction plans. Approval of the Zoning Plan shall have the effect of rezoning the property.

i.

A Request for Planning Commission Action, in a form provided by the Planning Office shall be provided no later than the end of the first business day of the month preceding the month in which Planning Commission Action is requested. The applicant shall submit all requested material 5 business days from the first of the month preceding the month in which Planning Commission Action is requested except for a proof of publication of the required public hearing notice and proof of certified mail deliveries. Those items must be filed with the Planning Office no later than 7 business days before the Planning Commission meeting at which the request is to be heard. See section 4-4-2.7 below for submittal requirements for Long Form PUD Zoning Plan applications.

ii.

Hearing on Application: Upon receipt in proper form of the application for a Zoning Plan Approval, the Administrative Official shall fix a date for a public hearing according to a monthly schedule maintained in the Planning Office.

Notice of such hearing shall be published at least one time not less than 15 days prior to the date of the public hearing in a newspaper of general circulation in the City of Searcy. The applicant shall bear the cost of such advertising.

Notice of such hearing shall be given by posting a suitable and pertinent sign on the property involved by the applicant not less than 15 days prior to the hearing. Posting of the sign by the prescribed time shall be the responsibility of the city.

Notice of the Public Hearing prescribing the date of the hearing and including a description of the property and of the proposed Amendment relating thereto shall be given by the Applicant, at his expense, to each owner/or occupant of property located within 200 feet of the property which is the subject matter of the application within 15 days of the hearing date. This notice requirement shall be satisfied by notice by certified mail, return receipt requested.

No less than 7 days prior to the public hearing, the applicant shall submit supplementary materials to the Planning Office consisting of the following.

a.

Proof of publication that the required public notice has appeared in a newspaper of general circulation at least 15 days prior to the public hearing.

b.

Return receipts from certified mailing to owner/occupants within 200 feet of the property which is the subject matter of the application.

The applicant shall then be placed on the Planning Commission agenda for the meeting on which the public hearing is to be held.

iii.

The Administrative Official and Technical Review Committee shall review the application and provide comments to the application for revision of the plans. A public hearing for the Zoning Plan shall be set no later than 60 days after filing the application. The procedures within Section 2.2.2 shall govern the process for arranging the public hearing.

iv.

Within 30 days of the public hearing, the planning commission shall render a decision to approve, conditionally approve, or deny the application. At any point following the public hearing, the applicant may request deferral of a decision on the application to allow modification. Any application which is deferred shall be subject to an additional public hearing to allow public comment. If the request for deferral is made at the same meeting at which the public hearing is made, the planning commission shall allow the public hearing to be continued at the following regular meeting of the Planning Commission without being re-advertised.

v.

For any application that is conditionally approved by the Planning Commission, the applicant shall have 90 days to submit modified plans. These plans shall be reviewed by the Administrative Official to determine if the modified plans comply with the Planning Commission's conditional approval. The Administrative Official shall provide a written report of his/her findings. The city council will not consider any modified plans that are not reviewed by the Administrative Official.

vi.

An application which is approved or conditionally approved shall be forwarded to the city council for approval. The city council shall render a decision to approve or deny the application by an ordinance to rezone the property. Such decision shall occur within 30 days of a decision of the planning commission or submission of modified plans, whichever is later.

vii.

To approve a PUD Zoning Plan, the Planning Commission shall find the following:

a.

The PUD provides public benefits that would not be achievable through the normal zoning regulations.

b.

That adequate public utilities are already in place to service the property, or the developer has sufficient plans and private financial commitment in the form of a bond or letter of credit in place to ensure adequate public utilities will be available to service the property.

c.

The land use is compatible with surrounding developments.

d.

The PUD is compatible with the city's comprehensive plan.

e.

The PUD will not endanger the public health, welfare or safety.

viii.

Following approval of the Zoning Plan the applicant shall submit an application for Preliminary Plat approval. The Preliminary Plat application shall conform to the procedures and requirements of the Searcy Subdivision Code.

ix.

An application for a Final Development Plan shall not be accepted by Administrative Official until and unless a Preliminary Plat for the property has been approved.

C.

Final Development Plan Review and Approval: The Final Development Plan shall consist of a Zoning Plan and submittal of a Final Plat application. Approval of Final Development Plan shall have the effect of permitting the applicant to sell lots in the development, obtain building permits, or file an application for site plan review.

i.

The applicant shall provide the submittal requirements necessary for a Long Form PUD Final Development Plan. The applicant may submit an application for site plan review for concurrent review and approval as part of the Final Development Plan.

ii.

The Final Plat application shall be subject to the regulations and requirements of the Searcy Subdivision Code.

iii.

The Administrative Official and Technical Review Committee shall review the application and provide comments to the applicant for revision of the drawings.

iv.

The Administrative Official shall approve or deny the Final Development Plan and provide report of his/her approval to the Planning Commission within 5 business days. The Administrative Official shall not approve a Final Development Plan that contains a Zoning Plan that does not match the Zoning Plan previously approved the Planning Commission and City Council, or that contains plans that do not address comments for revision made by the Technical Review Committee.

v.

The Administrative Official shall have the authority to defer approval of a Final Development Plan to the Planning Commission. The Planning Commission shall have the authority to require any Final Development Plan be reviewed for approval by the Planning Commission instead of the Administrative Official.

vi.

The applicant, any Planning Commissioner, any City Council member, or any aggrieved party may appeal the decision of the Administrative Official rendered on a Final Development Plan by written request made to the Administrative Official within 15 days of the Administrative Official's decision. The appeal shall be heard by the Planning Commission.

7.

Application Requirements: Application shall include both digital and printed plans. Digital plans can be delivered by email and shall be in PDF form. Long Form PUD submittals shall also include a CAD file of the Final Plat in .dwg form. Printed plans should include 2 full-size sets for initial submission and then 2 full-size sets plus 10 11 × 17 sets after Technical Review meeting comments have been addressed for Planning Commission consideration. Plans shall contain the following:

See Table 4-4-2.7 on the following page:

8.

Revocation. Revocation of the approval of a PUD shall occur if, by vote of the city council, it is found that the owner, owner's agent, or developer are not developing the property in compliance with the provisions of this Code and other applicable laws, are not complying with the terms of PUD's approval, have not commenced construction within 6 months of approval, have not completed construction within 2 years of approval, are not developing the PUD according to the approved final development plan, or have not received approval for a final development plan within 2 years of approval of a Zoning Plan.

If an approved PUD has not progressed according to the foregoing requirements the staff shall forward to the property owner a Notice of Revocation stating the date on which the PUD zoning will cease. The applicant may request extensions in writing if one or more of the following has occurred:

A.

Work on completion of PUD elements, including all phases, has progressed with consistent and measurable results during the period involved and was progressing when the allotted time expired.

B.

Weather conditions at critical periods have caused unforeseeable delays.

C.

Unique conditions at the local, state, or federal level, over which the applicant had no control, contributed to a general slowdown of developments within the city or region.

D.

Completion of the PUD has suffered from criminal activity as documented by police reports.

The applicant must request an extension by the end of the fifth business day of the month prior to the one in which the planning commission will consider the request.

The property shall retain its PUD designation until the Notice of Revocation has been delivered and processed and until the zoning map has been amended to reflect the original zoning classification of the property.

In the event of revocation, any completed portion of the development or those portions for which building permits have been issued shall be treated as a whole and effective development. In such cases, the property within the PUD shall retain the PUD zoning district designation. If no development has occurred, the zoning shall revert back to the zoning district designation(s) which existed for the property prior to the PUD's approval.

4-4-3: U-T—Urban Transitional District.

1.

Permitted Uses: See Table of Uses, Art. 4-5

2.

Area Requirements:

All setbacks shall be measured from the property line or projected Master Street Plan right-of-way, whichever is greater. No building shall be built or made larger unless the following area requirements are met:

4-4-4: DS-O—Downtown Searcy Overlay District.

1.

General Description: The Downtown Searcy Overlay District establishes a boundary around the downtown area that surrounds the historic White County Court Square. Within this boundary are a mix of buildings old and new some of which are historic and other are iconic to the look and feel of downtown Searcy. This overlay is established to not only protect, but to enhance the visual look and character of downtown Searcy. Also the regulations established within this district are used to promote a working, living, vibrant downtown during all parts of the day and week.

2.

District Name and Boundaries: The district shall be known as the Downtown Searcy Overlay District and shall be further described as: Beginning at a point on the centerline of South Main Street 205 feet south of the intersection of South Main Street and West Woodruff Avenue; thence West, 1,460 feet to a point at the approximate midblock between South Apple Street and South Elm Street; thence North, 2,390 feet to a point at the approximate midblock between West Vine Avenue and West Academy Avenue; thence East, 2,360 feet to a point at the approximate midblock between North Oak Street and North Charles Street; thence South, 2,390 feet; thence West, 900 feet to the Point of Beginning.

3.

Application of District Regulations: The regulations in this overlay district shall be in addition to and shall overlay all other zoning districts and other ordinance requirements regulating the development of land so that any parcel of land lying in the overlay district shall also lie within one or more of the other underlying zoning districts. Therefore, all property, with the exception of One-Unit Dwellings, within this overlay district will have requirements of both the underlying and overlay zoning district in addition to other ordinance requirements regulating the development of land. In case of conflicting standards between the overlay district requirements and other city ordinances, the overlay requirements shall control. Compliance with the standards shall be triggered by the following forms of construction activity:

a.

Construction of a new commercial or industrial building and/or development.

b.

Modification to the exterior façade of an existing structure, with the exception of any building that is a part of the National Register of Historic Places and National Landmarks Program. (The Administrative Official shall have the authority to waive these requirements in situations where compliance would detract from the visual appearance of the building due to the planned modifications being limited to only small portions of the building.)

c.

When a nonconforming structure is otherwise required to come into compliance with the provisions of this Zoning Code due to destruction or other reason.

d.

Construction of any new fence in view from the public right-of-way that requires permitting, with the exception of existing One-Unit Dwellings within the District.

4.

Design and Development Standards: Development shall support the look and character of the historic downtown area. Key design elements should relate to those of surrounding buildings including, but not limited to windows, doors, façade design, detailing, roof forms, exterior materials, and colors, all with area ratios and proportions similar to those on adjoining buildings.

a.

Size and shape:

i.

Buildings shall avoid long uninterrupted façade planes of the exterior walls shall be varied in depth and/or direction.

ii.

Setback requirements for buildings in the C-1 district may vary if the proposed setback is used for unique applications in use and is aesthetically pleasing.

iii.

To avoid a monolithic appearance, the design should attempt to break down buildings into smaller sections, with each section varying in type, material, and/or color.

iv.

Site-specific architectural design is desired. Rather than adapting a standard design, floor plans and elevations that are unique to the community and are not a corporate or franchise design are encouraged. The only franchise identifying feature should be minor façade details, and the company's logo and signs.

b.

Building Material:

i.

Metal siding, when used as the primary sheathing is prohibited when visible from the public realm or residential areas. Other forms of metal, when used as an architectural treatment or aesthetic accent, may cover up to 20% of any façade.

ii.

Masonry shall occupy no less than 51% of any façade of any structure. Brick or brick-like units should be the dominate masonry material. Split-face block or other textured concrete CMU block should be used as a base or façade accent only. Durable fiber cement board, cast concrete, poured concrete, stone, and cultured stone materials are acceptable masonry materials.

iii.

Unpainted, unstained, and/or otherwise untreated precision concrete block is prohibited.

c.

Pedestrian Circulation:

i.

Areas in and around buildings shall be designed with the pedestrian in mind. Landscaping and pedestrian scaled elements such as awnings or trellises shall be integrated into the elevation and the passageway should be safely lit.

ii.

Clearly defined pedestrian walkways or paths shall be provided from parking areas to primary building entrances. Design walkways and parking lots so that pedestrians will not have to cross parking aisles and landscape islands to reach building entries.

iii.

Raised walkways, decorative paving, landscaping, and/or bollards shall be used to separate pedestrians from vehicular circulation to the maximum extent possible.

d.

Fencing:

i.

Fencing shall be decorative and built with high quality materials and shall support the look and character of the downtown area. All fencing material shall be properly and regularly maintained as needed, both aesthetically and structurally, by the property owner.

ii.

Razor, barbed wire, and/or chain link fences are prohibited if visible from public right-of-way or a residential area.

iii.

Masonry columns at fence corners and spaced along fence in 50 foot intervals are encouraged. Height of columns should be appropriate in relationship with the height of the fence. Unpainted, unstained, and/or otherwise untreated precision concrete block is prohibited.

e.

Mechanical and Utility Equipment:

i.

All mechanical and utility equipment located on the wall, roof, and/or on the ground shall be screened from view when visible from the public realm or residential areas.

ii.

All roof-mounted utilities and mechanical equipment shall be screened on all sides by incorporating screening into the structure utilizing materials compatible with the supporting building.

5.

Mixed-Use Developments: Mixed-use developments are allowed and encouraged within the Overlay District with the exception of the areas zoned industrial. These uses may be oriented vertically or horizontally on the site and may or may not be in different structures. Mixed-use projects should be designed to provide a harmonious environment for both commercial users and residents. Noise, traffic, lighting, and other elements that may negatively affect the residential environment should be located where the elements will have minimum impact. All mixed use developments should also adhere to the multi-unit and commercial guidelines within this document.

a.

With the exception of on-street parking, all parking areas should be provided to the rear of the structure where feasible. This is especially important on vertically oriented mixed-use projects.

b.

Private, communal open space, accessible only by building residents, should be provided.

c.

Commercial and residential parking areas should be clearly delineated through dedicated signs, street markings, or other methods.

d.

Horizontal mixed-use developments should be designed using consistent materials and architectural style. If the intent is to differentiate between uses, some deviation is permissible.

E.

When multiple uses are proposed in a single building, separate and convenient entrances for each use shall be provided.

6.

Multiple Building Sites: In the case of nonresidential development multiple building sites, whether one or more platted lots, the requirements of this section shall apply to the development as an entire tract rather than to each platted lot. If any part of the development lies within the corridor overlay district, the entire development shall be subject to the provisions of this section.

7.

Required Information: Applicant shall supply all plans/documents for commercial or residential developments required by current zoning code and/or the land development and subdivision code as well as any additional material such as rendered architectural building elevations, materials list with percentages, and any other pertinent information as may be required by the Administrative Official to determine compliance.

8.

Review Procedure:

a.

Administrative Approval: The Administrative Official shall have the authority to review and approve any proposed Downtown Searcy Overlay Development Plan when it meets the following conditions.

i.

The Development Plan meets all the design and development standards within Article 4-4-4 of this section.

ii.

The development is part of a permit application which would not otherwise require approval by the Planning Commission.

b.

Planning Commission Approval: The Planning Commission shall review any Downtown Searcy Overlay Development Plan and approve or deny the plan under the following situations:

i.

The Development Plan does not meet all the design and development standards as determined by the Administrative Official and the applicant has requested an appeal.

ii.

The development is part of a plan review application which requires approval by the Planning Commission.

9.

Appeals: Property owners or their agent may appeal decisions of the Administration Official to the Searcy Planning Commission within 30 days of the decision by submitting a written appeal to the Administrative Official. The Planning Commission shall hear the appeal at the next scheduled meeting. Decisions of the Planning Commission may be appealed to the Searcy City Council by submitting a written appeal with 30 days of the date of the Planning Commission decision. The appeal will be placed on the City Council agenda in accordance with its adopted rules but no less than 60 days following the Planning Commission decision.

(Ord. 2022-13, § 1, 6-14-22; Ord. No. 2022-14, § 1, 6-14-22; Ord. No. 2022-31, §§ 1—8, 10-11-22)

4-5-1: Table of Uses.

Note: All uses are subject to district regulations, off-street parking, and special provisions as specified in the zoning code. No dwellings shall use public parking spaces to meet these requirements.

4-5-2: Use Descriptions.

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.

Automobile Repair/Service: This unit includes one automobile repair, body, or service shop per lot and allows an incidental convenience store, with or without gas pumps, as an accessory use to the automobile repair or service. This unit does not allow the overnight outside storage of vehicles for more than five days. This use unit is generally limited to 10,000 square feet of floor space. This use unit does not permit the permanent (24 hour) outdoor display of merchandise, equipment, or products. This use unit does not involve hazardous materials other than flammable petroleum type products; materials needed for auto body repair, and/or propane refills.

Automobile Sales & Leasing—Small Scale: Any automobile sales and/or leasing establishment one acre or less in size. This unit does not include recreation vehicle, large vehicle, or manufactured home sales.

Automobile Sales & Leasing—Large Scale: Any automobile sales and/or leasing establishment greater than one acre in size. This unit includes recreation vehicle, large vehicle, or manufactured home sales. Any automobile sales and/or leasing establishment shall be allowed to conduct automobile repair and service incidental to the sales and leasing use of the premises.

Bed and Breakfast: An owner-occupied dwelling unit that contains no more than 5 guest rooms where lodging, with or without meals, 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.

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.

Child Care Services: Uses that care for children on a daily basis further defined as follows:

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.

Commercial—General: Offices, shops (goods or services), restaurants and businesses that exceed the Small Scale Office or Small Scale commercial standards and generally do not exceed 50,000 square feet floor space. This use unit permits one primary building per lot. Unmanned incidental or accessory buildings, such as ATM machines, are permitted on the same lot as the primary building. This use unit does not involve hazardous materials other than flammable petroleum type products and/or propane refills. This use does not permit permanent (24 hour) outdoor display of merchandise, equipment, or products. Light fabrication of non-hazardous products, with incidental retail sales, may be considered a part of the General Commercial Use Unit, provided the light fabrication use does not exceed the General Commercial Use Unit requirements. Convenience stores with restaurants or which exceed the Convenience Store Use Unit requirements are allowed in this unit.

Commercial—Shopping Centers or Big Box Retailer: Uses that generally exceed 50,000 square feet or more such as big box retailers, shopping centers, and similar facilities. This unit includes truck stops but does not involve hazardous materials other than flammable petroleum type products and/or propane refills. This use unit is generally suited for more than one primary building per lot. Light fabrication of non-hazardous products, with incidental retail sales, may be considered a part of the Shopping Center Commercial Use Unit.

Commercial—Small Scale: One shop (goods or services), or non-drive-through retail establishment, per lot, which generally: does not exceed 12,000 square feet floor space, does not generate more than 100 trip ends per average business day, does not require over 20 parking spaces, is consistent in scale and appearance with surrounding buildings, does not exceed 35 percent lot coverage, and which, during normal business hours, generates sound not exceeding that of an average small retailer, and which is normally closed between 10:00 p.m. and 7:00 a.m. Non-retail uses are permitted drive-throughs and unmanned incidental or accessory buildings such as ATM machines.

Commercial Parking Lot/Garage: Parking lots or garages used commercially to provide off-street parking and storage.

Contractor or Utility Equipment Parking/Storage Yard: The storage or parking of contractor or utility equipment.

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.

Dwellings—Manufactured home: Manufactured homes as defined by Chapter 11.

Dwellings—Multi-Unit dwellings—Large Scale: Multiple-Unit dwellings 13 - 24 units per acre. The Planned Development District is generally suitable for Multiple-Unit dwellings that exceed the requirements of this Use Unit. (Ord. 2022-14)

Dwellings—Multi-Unit dwellings—Small Scale: Multiple-Unit dwellings up to 12 units per acre.

Dwellings—One Unit: One Unit dwellings.

Dwellings—One Unit: Two-Unit dwellings.

Dwellings—Zero-Lot Line—Townhouses/Condominiums: Attached One-Unit dwellings.

Hazardous Materials Use or Storage: The use or storage of hazardous (i.e. flammable, corrosive, explosive, etc.) materials.

Hotel/Motel—Large Scale: One hotel/motel per lot that exceed the Hotel/Motel—Small Scale requirements.

Hotel/Motel—Small Scale: One hotel/motel per lot, having no more than 30 rooms for rent, all rented on a short-term (30-day maximum) basis, and generating no special sound load. This is intended to include bed and breakfasts.

Industrial: General industrial uses such as manufacturing, assembling, or production of goods.

Institutional—Large: Government offices, schools, tax-exempt institutions, public or private healthcare facilities such as nursing homes, half-way houses, clubs, lodges and similar uses which exceed "small" unit requirements.

Institutional—Small: One tax-exempt public or private institution, public service building (Ord. 2020-06), or public or private non-emergency healthcare facility, club, lodge, or similar use, per lot, which generally: does not exceed 12,000 square feet floor space, does not generate more than 100 trip ends per average business day, does not require over 20 parking spaces, is consistent in scale and appearance with surrounding buildings, does not exceed 35 percent lot coverage, and which, during normal business hours, generates sound not exceeding that of an average small retailer, and which is normally closed between 10:00 p.m. and 7:00 a.m.

Manufactured Home Park: A land-lease park designed to accommodate manufactured homes and comprising a minimum of two acres.

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.

Non-Urban: Farms, ranches, undeveloped lands. This unit includes field, row, and tree crops as well as dairy farms, and the breeding, training, feeding, display and sale of livestock, including required accessory uses and buildings such as barns, yards, and loading areas. This unit does not include hog farming or the raising of poultry.

Office—Small Scale: One office or studio, per lot, which generally: does not exceed 10,000 square feet floor space, does not generate more than 100 trip ends per average business day, does not require over 20 parking spaces, is consistent in scale and appearance with surrounding buildings, does not exceed 35 percent lot coverage, and which, during normal business hours, generates sound not exceeding that of an average small retailer, and which is normally closed between 10:00 p.m. and 7:00 a.m.

Office: Large Scale or High-Rise: One office or studio per lot that exceeds the Office - Small Scale requirements.

Open Display Commercial (No permanent—24 hour—Outside storage): Commercial uses that have merchandise on display outside during business hours, but that remove the merchandise from outside after business hours for storage. This use unit does not involve hazardous materials other than flammable petroleum type products. This additionally does not include small incidental vending stands or machines that are customary to retail sites.

Open Display Commercial (With permanent—24 hour—Outside storage): Commercial uses that have permanent (24 hour) outdoor storage or display of merchandise, products, or equipment. This unit includes any automobile sales and/or leasing establishment greater than one acre, recreational vehicle sales, large vehicle sales, and manufactured home sales. This use unit does not involve hazardous materials other than flammable petroleum type products and/or propane refills. This additionally does not include small incidental vending stands or machines that are customary to retail sites.

Personal Care: This use unit includes businesses and services providing personal services such as beauty shops, barber shops, tailors, shine parlors and similar businesses, to the individual.

Public/Semi-Public: Parks, community facilities, utility substations, and similar public facilities. This unit does not include sewage treatment plants. These uses generally relate to facilities where location is dictated by the service area and for which alternative locations are not feasible.

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.

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.

Sales and/or Service Operations: This use unit generally includes operations such as heating and air repair and service, office showrooms, office warehouses, and similar facilities. This use unit is generally appropriate for industrial areas and possibly commercial areas, with certain limitations. This use unit generally does not involve hazardous materials other than flammable petroleum type products and/or propane refills.

Salvage Yard/Wrecker Service: Salvage or junk yards and/or associated wrecker services.

Self-Storage Facilities—External Access: Self-storage facilities such mini-storages, mini-warehouses, and similar facilities in which the individual storage bays accessed from the outside of the building.

Self-Storage Facilities—Internal Access: Self-storage facilities such mini-storages, mini-warehouses, and similar facilities in which the individual storage bays accessed only from the inside of the building.

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 a commercial boarding or lodging house.

Veterinarian Clinic—Large Animals: This use unit includes the practice of veterinarian medicine and any associated boarding or kenneling that exceeds the Veterinarian Clinic-Small Animals use unit. Generally, this use unit includes veterinarian clinics that serve or board large animals such as cattle, horses, and other large animals.

Veterinarian Clinic—Small Animals: One veterinarian clinic and any associated boarding or kenneling per lot, which generally: does not serve or board large animals such as cattle, horses, or other large animals, does not exceed 5,000 square feet floor space, does not generate more than 150 trip ends per average business day, does not require over 20 parking spaces, is consistent in scale and appearance with surrounding buildings, does not exceed 35 percent lot coverage, and which, during normal business hours, generates sound not exceeding that of an average small retailer, and which is normally closed between 10:00 p.m. and 7:00 a.m.

(Ord. 2020-06; Ord. No. 2022-14, § 1, 6-14-22; Ord. No. 2022-31, § 9(Exh. B), 10-11-22)