This chapter may be cited as "The Zoning Ordinance of the City of Springdale, Arkansas."

(Ord. No. 3307, 3-25-03)

It is hereby declared to be the purpose and intent of the city council in enacting this chapter that the zoning regulations and districts as established have been made for the purpose and general welfare of the city. This chapter and the districts have been designed to provide adequate light and air; to secure safety from fire, flood and other catastrophic dangers; to prevent the overcrowding of land; to avoid undue concentration of wasteful scattering of population; to lessen the congestion in streets; and to facilitate the adequate provision of water, sewer, schools, transportation, parks, open space and other public necessities. They have been made with reasonable consideration for, among other things, the character of the district, its particular suitability for the particular uses specified, and with a view to conserve the value of buildings and property and encourage the most appropriate uses of land throughout the city consistent with a comprehensive plan.

(Ord. No. 3307, 3-25-03)

a.

General scope.

1.

Territorial application. This chapter shall apply to all buildings, structures, land and uses within the city, and any other areas subject to the zoning jurisdiction of the city.

2.

Continuance. After the effective date of this chapter, all buildings and structures erected, remodeled, altered, and relocated and any use of land, buildings or structures established shall comply with the applicable provisions as required herein. Existing buildings, structures, lots or uses of land not complying with the provisions of this chapter may continue, subject to the provisions of the nonconformities section of this chapter.

3.

Other laws and regulations. The provision of this chapter shall be considered the minimum requirements for the promotion of the public health, safety, and comfort, moral and general welfare. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling.

b.

Specific application.

1.

Existing variances and conditional use. Variances and conditional uses granted prior to the effective date of this chapter shall remain valid.

2.

Building permit issued prior to effective date. This chapter shall not invalidate any building permit properly issued prior to the effective date of passage; provided, however, that if any building, structure or use constructed or established pursuant to such building permit does not comply with the provisions herein, such building, structure or use shall be subject to the provisions of article 8 of this chapter.

3.

Pending applications. From and after the effective date of this chapter, the provisions herein shall apply to all pending applications upon which no final decision has been made; provided, however, that where a public hearing has been held by the planning commission, such pending application shall be processed in accordance with and decided pursuant to the law existing on the date of the public hearing on such application.

(Ord. No. 3307, 3-25-03)

a.

No building shall be erected, converted, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which such building or land is located.

b.

No building shall be erected, converted, reconstructed or structurally altered to exceed the height or bulk limit therein established for the district in which such building is located.

c.

No building shall be erected, converted, reconstructed or structurally altered so as to intrude upon the area required by this chapter for the front, side, or rear yards. No yard or open space on adjoining property shall be considered as providing a yard, open space or access for a lot wherever a building is to be erected.

d.

No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this chapter, nor shall the density of population be increased in a manner except in conformity with this chapter.

e.

Every building hereafter erected shall be located on a lot, and in no case shall there be more than one (1) building on one (1) lot except as otherwise provided.

(Ord. No. 3307, 3-25-03)

a.

The provisions of the zoning ordinance of the City of Springdale, Arkansas as adopted on August 22, 1998, (Ordinance No. 2854) and subsequently amended, are hereby repealed as of the effective date of this zoning ordinance, except that all terms, actions and conditions attached to variances, conditional uses as approved by the board of adjustment, planning commission and city council as adopted shall remain in effect.

b.

This chapter shall become effective on March 25, 2003, and such date shall be referred to as the effective date.

(Ord. No. 3307, 3-25-03)

a.

If a court of competent jurisdiction finds any provision of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.

b.

If a court of competent jurisdiction finds the application of any provision of this chapter to any lot or structure, or tract of land, to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the property or situation immediately involved in the controversy, and the application of any such provision to other property or situation shall not be affected.

(Ord. No. 3307, 3-25-03)