- DEFINITIONS
For the purposes of this chapter, certain terms or words used herein shall be interpreted as follows:
The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
The word "shall" is mandatory; the word "may" is permissive.
The word "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied."
The word "lot" includes the words "plot" or "parcel."
Abutting means having property or district lines in common. Since zoning district lines fall to the centerline of a street, alley, or waterways, lots which appear physically separated abut at the district line.
Accessory building, structure, or use means a building, structure, or use which:
1.
Is 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;
3.
Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use;
4.
Is located on the same site as the principal building or principal use; and
5.
Is not an accessory dwelling unit as defined herein.
Accessory dwelling unit means a self-contained and independently accessed living unit on the same parcel as a single-family dwelling of greater square footage that includes its own cooking, sleeping, and sanitation facilities and complies with or is otherwise exempt from any applicable regulatory requirements pursuant to A.C.A. § 14-56-205
Active open space means an area intended for rigorous activity such as tennis, baseball, badminton, and other games requiring physical exertion.
Advertising and media agencies means a service business dedicated to creating, planning, and handling advertising (and sometimes other forms of promotion) for its clients.
Agricultural equipment and supplies (sales and service) means a use primarily engaged in the sale or rental of farm tools and implements. This definition includes the sale of large implements such as tractors and combines and accessory uses such as farm machinery repair and feed sales.
Agricultural products processing means a facility which involves the operation(s) of processing, preparing or packaging agricultural products which are not grown on the site.
Agriculture-related business means an establishment engaged in the retail sale of supplies directly related to the day-to-day activities of agricultural production, including the bulk storage of hay, feed, seed, fertilizers, and related agrichemicals.
Alley means a permanent public service way which affords only a secondary means of access to abutting property.
Alternate living arrangement means a structure in which households maintain private rooms yet share kitchen and plumbing facilities, central heat and common areas. Includes boarding homes, residential health care facilities, group home for the developmentally disabled and mentally ill, and congregate living arrangements.
Alternative tower structure means man-made trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers and are built for the express purpose of serving as a tower or for locating antennas.
Ambulance service, headquarters means a facility established to transport infirm or injured persons from one (1) place to another by means of the appropriate vehicle. This use consists of all services related to provision of ambulance service including but not limited to: Administration, operations, dispatch, communications, vehicle maintenance, eating facilities and storage and crew sleeping quarters.
Ambulance service post means a facility for the posting of crews and ambulance units only in various sections of the city. The post may consist of sleeping quarters for crew and parking of ambulances and employee vehicles.
Amusement center (indoor) means an amusement enterprise offering entertainment to the general public for a fee or charge wherein all activity takes place indoors. Such facilities include video game arcades and pool halls.
Amusement center (outdoor) means a facility offering entertainment, primarily to the general public for a fee where any portion of the activity takes place in the open. Such facilities include but are not limited to golf driving ranges, archery ranges, miniature golf courses, and the like.
Amusement/theme park means an outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, and buildings for shows and entertainment.
Animal and pet services (indoor) means an establishment that provides animal and pet care services (except veterinary), such as boarding, grooming, sitting, and training.
Animal and pet services (outdoor) means an establishment that provides animal and pet care services (except veterinary), such as outside runs, boarding or training.
Animal daycare means a facility that provides day or nighttime supervision for three (3) or more animals. Animals are kept inside the facility, except animals are permitted to be walked on a leash outside. Facilities that contain outdoor dog runs play areas, or kennels are not considered an animal daycare.
Animal, domestic or household means any animal customarily kept by humans for companionship, including but not limited to dogs, cats, birds, rabbits, hamsters, mice, and turtles.
Animal, exotic means animals that are not usually found running at large within the natural areas of the State of Arkansas; that do not meet the definition of household/domestic animals or farm animals; that are not usually considered as a food supply or animal of burden in the United States, and which close relative or parentage are usually imported from another country.
Animal, farm means any animal that customarily is raised in an agricultural, rather than urban, environment, for profit on farms and has the potential of causing a nuisance if not properly maintained, including, but not limited to chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules.
Animal, game means animals which are normally wild by nature, provide citizens with a portion of food for consumption, and are usually hunted under a permit issued by the State of Arkansas.
Animal, wild by nature means animals which normally fall within the category of scavenger or predator; may instill fear and apprehension in persons of normal sensitivity, when encountered; require extraordinary precautions to prevent escape, and will not usually voluntarily return to the domicile after escape.
Animal clinic means an establishment for the diagnosis and treatment of pets and other animals including but not limited to dogs, cats, birds, and horses. All boarding of animals takes place in an enclosed structure and is incidental to clinic or hospital use.
Animal shelter or kennel means a public or private facility including outside runs for enclosure of animals, especially stray or unlicensed pets, or for pets being boarded for short periods of time, where more than five (5) or more animals, more than four (4) months of age are kept.
Animal slaughtering and processing means a facility for the slaughtering and/or processing of animals into human food and the refining of their byproducts.
Antique shop means an establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as a result of age, design, or sentiment.
Apartment hotel means a facility offering transient lodging accommodation to the general public and where rooms or suites may include kitchen facilities and sitting rooms in addition to the bedroom. Differs from the typical hotel in that transients are likely to rent rooms or suites for longer periods.
Apartment unit means one (1) or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing three (3) or more dwelling units.
Apiculture: Beekeeping means one (1) or more hives or boxes occupied by bees (hives or boxes include colonies), but does not include honey houses, extraction house, warehouses, or appliances.
Appliance repair, large means a facility for the repair, service, and resale of televisions, refrigerators, freezers, stoves and similar items. (No outside storage)
Appliance repair, small means a shop for the repair of household and home equipment, such as electrical appliances, lawnmowers, tools, and similar items. (No outside storage)
Aquarium means an establishment where aquatic collections of living organisms are kept and exhibited.
Arena/auditorium means an enclosed facility used for large public gatherings for viewing sports events, musical programs, public speeches, or ceremonies.
Artisan shop means a retail store selling art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, that are small run or one-of-a-kind items, where the store includes an area for the crafting of the items being sold.
Artisan/craft product manufacturing means an establishment manufacturing and/or assembling small products primarily by hand but in large runs, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. This definition does not include "artisan shop" which is separately defined.
Art dealer means an establishment primarily engaged in retailing original and limited edition art works. Included are establishments primarily engaged in displaying works of art for retail sale in art galleries.
Art gallery means a building used for the exhibiting or selling of works of art such as paintings and sculptures.
Art studio means any building or place of business where artists use the premises for the creation, sale, and/or display of art or craft work.
Arts and craft shop means any business establishment that sells articles of artistic quality or effect or handmade workmanship.
Asphalt or concrete batching plant (permanent) means a facility for the storage and mixing of materials for concrete or for asphaltic surfacing, in which facilities are established on a permanent basis as a service industry.
Assisted living facility or assisted care facility means residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services such as recreation activities, financial services, and transportation. Range in size from a few rooms to more than one hundred (100). Facilities are sometimes combined with other types of housing, such as congregate apartment housing for the elderly and residential health care facilities.
Auditorium means a building, hall, or room for the gathering of an audience for speeches, concerts, etc. as in a school, library, etc. Sections of an auditorium include: Stage, lodge, proscenium, orchestra, parquet, stalls, boxes, pit, orchestra circle, dress circle, balcony, gallery, top gallery, tiers, box office, and mezzanine.
Auto (rental and leasing) means an area or structure for storing or displaying cars, trucks, trailers, RVs and recreational goods, which are offered for rent for a fee.
Auto or equipment auction means a facility for the sale of automobiles and large construction or farm equipment to the highest bidder.
Auto and vehicle dealer means a facility for display, service, and sales of used or new automobiles, motorcycles, recreation vehicles, and travel trailers, excluding heavy equipment.
Auto and vehicle dealer (indoors) means a climate controlled facility used for the display and sales of used or new automobiles, motorcycles, recreation vehicles, and travel trailers, but not including heavy equipment. All sales, service, storage, and display areas shall be indoors. Service and storage areas shall cumulatively be incidental and subordinate to the primary use of sales and display.
Auto and vehicle impoundment or holding yard (no salvage) means a parcel of land or a building that is used for the impoundment of vehicles and storage of inoperable vehicles usually awaiting insurance adjustment or transport to a repair shop and where vehicles are kept for a period not to exceed sixty (60) days.
Auto and vehicle towing (wrecker) means the operating of a truck for the towing of inoperable motor vehicles.
Auto body and paint shop means a facility which provides collision repair services, including body frame straightening, replacement of damaged parts, or painting.
Auto detailing service means a facility for the cleaning, washing, waxing, and polishing of motor vehicles including steam cleaning.
Auto glass, muffler, and seat cover shop means an automotive service establishment specializing in assembly, fitting and installation of glass, seat covers, or mufflers in automobiles as a primary activity.
Auto insurance claims office means a branch office of a major auto insurance agency in which a liability adjuster assists in damage claims and adjustments to vehicles.
Auto parts and accessory sales means a facility having auto parts, accessories, and tools for sale (no repairing).
Auto quick lube means a facility which performs routine servicing of motor vehicles, including the replacement of elements and fluids which are expected to be routinely replaced on a frequent basis (such as engine oil and other lubrication; brake, transmission and power steering fluids; and air filters) generally while customers wait.
Auto repair means a facility for motor vehicle maintenance, service, and engine repair (not including painting or body and frame work).
Auto repair or assembly (salvage parts) means a facility which performs auto body, painting and engine repair and/or which assembles operable vehicles from salvage parts and components.
Automatic teller machine (ATM) means an automated device that performs banking or financial functions (deposits, withdraws, fund transfers) at a location remote from the controlling financial institution.
Auto salvage means the dismantling or wrecking of motor vehicles or trailers, or the storage, keeping, selling, buying, or dumping of any wrecked, scrapped, ruined, dismantled, disabled, or inoperable motor vehicle or motor vehicle part.
Bail bonds office means a financial establishment proving legal assistance for a fee in posting bonds to release customers from a detention facility.
Bait and tackle shop means an establishment that provides for the retail sales of fishing supplies and general outdoor items to include live bait, tackle, camping supplies, and food items.
Bakery means an establishment primarily engaged in the retail sale of baked products for consumption off-site. The products may be prepared either on or off site.
Bakery and confectionary shop (neighborhood) means a place for preparing, cooking, baking, and selling of products on the premises.
Bank, credit union, or savings institution means a completely enclosed facility, the primary use of which is the custody, loan, exchange or issue of money, the extension of credit and the transmission of funds.
Bar lounge or tavern means an establishment, the primary activity of which is the sale and consumption on the premises of beer, wine, or other liquors, and where food service is secondary to the sale of beer, wine or other liquors. Does not include micro-breweries where patrons are served beer produced on the premises for on-site consumption, which are separately regulated.
Bed and breakfast means an overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. Differs from rooming and boarding houses in that they are truly transient accommodations, with guests rarely staying more than a few days. In addition, the owner almost always lives in the facility.
Bed and breakfast inn means a house or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises.
Bedroom means a private room planned and intended for sleeping, separated from other rooms by a door, and accessible to a bathroom without crossing another bedroom. Will have windows, closets, and is physically separate from other rooms.
Beekeeper means a person who owns or has charge of one (1) or more colonies of bees.
Beekeeping equipment means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.
Beer garden means a tavern, private club or similar establishment having outdoor dining or drinking area or music (live or recorded).
Beer, wine and liquor store means a facility for the retail sale of beer, wine, or liquor not for on premise consumption.
Bicycle sales and service means an establishment retailing new or used bicycles in combination with repair services and selling replacement parts and accessories.
Bingo parlor means any building or part thereof utilized for the playing of "bingo" for money and prizes as defined and controlled under state regulations. This shall not be construed to include the use of structures or parts thereof for the playing of "bingo" for prizes only as a function of church, charitable or other nonprofit organizations.
Boarding house means a dwelling unit or part thereof in which, for compensation, lodging and meals are provided; personal and financial services may be offered as well. Distinction between boarding houses and rooming houses, boarding houses provide meals, rooming houses provide only rooms.
From a zoning impact the number of rooms permitted should be restricted to certain zones with controls or permitted only as a conditional use. Another concern is how to assure that the houses remain safe and sanitary.
Problems may be addressed by licensing boarding and rooming houses, requiring periodic inspection, limiting the number of guests, prohibiting cooking facilities in guest rooms, requiring adequate parking, both in terms of number and location, and establishing a minimum floor area for guest rooms. In residential zones it may require the owner or operator to maintain their residence on site and personally collect rents to ensure that the structure remains principally a private dwelling unit.)
Boat or marine craft dealer means a facility for display, service, and sales of used or new boats or marine craft.
Brewery means a building or place that produces beer or a business involved in the production of beer. Breweries can take up multiple city blocks, or be a collection of equipment in a homebrewer's kitchen. The diversity of size in breweries is matched by the diversity of processes, degrees of automation, and kinds of beer produced in breweries. Typically a brewery is divided into distinct sections, with each section reserved for one (1) part of the brewing process.
Bridal shop means a facility for the retail sale and/or rental of formal wedding apparel and for accessory items such as lingerie, floral arrangements, and invitations and for studio photography and registration services.
Broadcasting studio means an establishment for over-the-air, cable or satellite delivery of radio or television programs, or studios for the audio or video recording or filming of musical performances, radio or television programs or motion pictures.
Buildable area means the space remaining for construction on a lot after the minimum area requirements (yards, setbacks, coverage) have been met.
Building. See "structure."
Building and landscape material sales means a retail establishment selling hardware, lumber and other large building materials, plant materials, and other landscaping materials. Including, but not limited to, paint, wallpaper, glass, fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales.
Building, attached means a building which shares a continuous wall, roof, floor or other structural element with another adjacent building.
Building, detached means a building having no wall, roof, floor or other structural element in common with another building.
Building, enclosed means a structure which by design and construction provides a solid roof, and walls on all sides.
Building height means the vertical distance as measured through the central access of the building from the elevation of the lowest finished floor level to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between the eaves and ridge of a gable, hip or a gambrel roof. This definition shall not be deemed to include church steeples, bell towers, antennas, chimneys, or other similar structural embellishments.
Building inspector means the person or persons employed by the city and designated to perform zoning and building related inspections and other duties as may be specified by the mayor.
Building line means a line, usually fixed parallel to a lot line, beyond which a building cannot extend under the terms of the zoning ordinance. It is equivalent to the setback or yard line.
Building, nonconforming means an existing building which fails to comply with the regulations (for height, size, areas, yards, and location) set forth in this chapter applicable to the district in which this building is located.
Building, principal means a building in which is conducted the main or principal use of the lot on which the building is situated.
Bulk petroleum storage means storage tanks and accessory buildings used for dispensing of flammable or combustible liquids or gases into smaller containers or for use in industrial processes and distributed to the process by closed-circuit piping.
Bulk storage of highly flammable materials means a facility for the storage of chemicals, gases, or liquids which are or could be caused to ignite or explode.
Bus station and terminal means a facility on a common carrier line for bus docking, freight storage, and passenger loading and unloading. This shall not be construed to include passenger shelters, which may be located on a local bus route.
Bus or truck storage or garage means a facility in which currently licensed buses or trucks are stored or repaired.
Bus, truck sales, and service means a use that sells and services buses and large trucks normally used for commercial purposes such as tandem axle and tractor trailers.
Business support services means an establishment intended for the conduct or service or administration by a commercial enterprise, or offices for the conduct of professional or business service.
Cabinet and woodwork shop means a shop for the repair or creation of cabinets, individual items of furniture, and wooden home furnishings on a custom basis. This shall not be construed as a factory, planing mill or similar woodworking plant.
Cameras, photographic supplies, and services means an establishment which retail and repair cameras, photographic equipment, film processing, and supplies. They also provide repair services and film developing.
Camps, camping and related establishments means an area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character.
Car wash (full-service) means a facility for the washing and cleaning of motor vehicles utilizing production line methods with conveyors, sprayers, blowers or other mechanical devices, and which employs hand labor.
Car wash (self-service) means a facility for washing and steam cleaning passenger automobiles (including self-service operation), operating either as a separate facility or in conjunction with another use.
Carnival or circus means a traveling or transportable group or aggregation of rides, shows, games, or concessions of any combination thereof.
Carpet and upholstery cleaning means services customers at individual home or business locations in carpet and upholstery cleaning.
Casino gaming business means an establishment engaging in the gaming business which utilizes any game played with cards, dice, equipment, or any mechanical, electromechanical, or electronic device, or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, blackjack, poker, keno, baccarat, roulette, craps, slot machine, video poker or any other gaming, percentage game or any other similar game or device.
Catering service means a facility that provides the service and the supply of food to be consumed off the premises.
Certificate of occupancy means an official certification that a premise conforms to provisions of the zoning ordinance (and building code) and may be used or occupied. Such a certificate is granted for new construction or for alteration or additions to existing structures. Unless a certificate is issued, a structure cannot be occupied.
Check cashing service means any establishment that provides to the customer an amount of money that is equal to the face value of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction, and where there is an agreement not to cash the check or execute an electronic transfer of money for a specified period of time. This term does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks, issue money orders, or money transfers for a minimum flat fee as a service that is incidental to its main purpose or business.
Chemicals, plastics, and rubber industry means industries that process and transform organic and inorganic raw materials, plastics and rubber, and form products by chemical processes.
Child and youth services (office) means establishments that offer services such as adoption, foster care, drug prevention services, and life-skills training.
Cigar, cigarette, or tobacco store means a place where cigars, cigarettes, vapors, pipe tobacco, and related items are sold at retail.
Civic building means a structure used primarily for public education, cultural performances, gatherings and displays administered by non-profit cultural, educational, governmental, and religious organizations.
Cleaner, dry cleaning, laundry (pick-up and drop-off) means a custom cleaning shop with drop-off service for the cleaning and pressing of garments.
Clinic means an establishment where patients are admitted for examination and treatment on an outpatient basis by one (1) or more physicians, dentists, or other medical personnel, psychologists, or social workers and where patients are not usually lodged overnight.
Club or lodge means a building or portion of a building used by an association for the promotion of some common objective, excepting clubs the chief activity of which is a service customarily carried on by a business.
Clothing and personal items means a facility for the custom making of apparel and millinery not involving a factory.
Clothing manufacturing means an operation involving cutting, sewing, forming and packing of garments and similar items, including millinery and clothing accessories.
Clothing store means a retail facility for selling male and/or female apparel.
Coffee roasting facility means a facility, in which unprocessed green coffee may be sorted, roasted and processed or packaged for use and consumption.
Collection agency means a business engaged in the collecting or receiving of payment for others on any account, bill, or other indebtedness.
Commercial grower means the growing of crops and plants for commercial sale to nurseries, home improvement centers, and other large volume buyers.
Commercial, industrial machinery, and equipment (rental and leasing) means a business which rents or leases heavy equipment used for construction, mining, or forestry, earthmoving equipment, well-drilling machinery and equipment, or cranes.
Commercial, industrial machinery and equipment (sales and service) means a business which sales or services heavy equipment used for construction, mining, or forestry, earthmoving equipment, well-drilling machinery and equipment, or cranes.
Commercial laundry - means an establishment for providing dry cleaning and/or laundry service to smaller shops or pick-up stations, or to industry and commercial enterprises.
Commissary means a licensed or permitted food service establishment that provides required services to a food truck. A Commissary may provide anything from a source for obtaining potable water and disposing of wastewater; storage for food and supplies; or cooking facilities to prepare the food for sale and consumption.
Common usable open space means that portion of land or an area of water or a combination of land water within the site designated for a subdivision or a planned development and designed and intended for use and enjoyment of residents and owners of the subdivision or planned development, and easily accessible to all the residents. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners of the planned unit development, but shall not include parking lots, streets and other areas designed primarily for other than common recreational or open space use.
Community center means a building used for recreational, social, education, and cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency.
Community facility means a building or structure owned and operated by a governmental agency to provide a governmental service to the public.
Community food services means establishments that collect, prepare, and deliver food for the needy. They distribute clothing and bedding, run collections for food donations, and provide meals at fixed or mobile locations. Examples are food banks, meal delivery programs, and soup kitchens.
Community health and welfare clinic means a community service facility where social, recreational, welfare, health, or child care assistance is provided by a public, quasi-public, tax-exempt, or church agency.
Community recreation center means a public or private recreational facility that includes community meeting rooms, and opportunity for other indoor activities to serve a neighborhood or area of the city. These facilities are not commercial operations but are normally owned and operated by the city or a neighborhood organization.
Community recycling drop-off facility means a facility designed to be a collection point where only pre-sorted recyclable materials are dropped off and temporarily stored prior to delivery to a center for collecting recyclable materials for processing. A community recycling drop-off facility is intended for household or consumer use. This facility can be temporary and/or mobile or a permanent installation that is the principal use.
Community residential facility means a community based facility licensed by the state or sponsored by an agency or organization certified by the state that provides room and board, personal care, habilitation services, and supervision in a multiple-family environment for sixteen (16) or more handicapped persons. The community residential facility site development plan shall comply with the following conditions in addition to the standard building permit requirements:
1.
The facility shall have direct primary access to a street classified as a collector or arterial on the city's master street plan.
2.
The facility shall provide approved screening from adjacent residences.
3.
The facility's structure shall be similar in appearance to other typical single-family or multiple-family residences in the neighborhood.
4.
The facility shall include landscaping and the lot amenities (decor) shall be similar to the adjacent residential lots.
Note: The following uses including, but not limited to, nursing homes, boarding and rooming houses, rescue missions, orphanages, fraternities, sororities and halfway houses shall not be considered group homes or community residential facilities. A community residential facility for the handicapped shall not house handicapped persons whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. It shall be the responsibility of the agency operating the group home to approve all applications for residents to assure compliance with this requirement.
Computer and software shop means a facility for the sale, repair and service of computers, software, and their parts and accessories.
Condominium means 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 residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.
Conference center means a facility used for a conference and/or a seminar, with accommodations for sleeping, for preparation and eating, recreation, entertainment, resource facilities, and meeting rooms.
Consumer rental center means an establishment that rent household-type goods. Rental items include but are not limited to: home health equipment; consumer electronics equipment, such as televisions, stereos, and refrigerators; furniture; and party supplies.
Container storage means cargo packed in a large (typically eight (8) feet by eight (8) feet by twenty (20) feet) trunk-like box, and loaded, stored, and unloaded as a unit.
Contractor's office means a room or group of rooms used for conducting business affairs but may not include structures or open storage yards for supplies and operating equipment.
Contractor's shop and storage yard means a facility for general contractors, including buildings and open storage yards for supplies and operating equipment, but not constituting a junk or salvage yard.
Convenience store (with gasoline sales) means a facility associated with the sale of petroleum products that also offers for sale pre-packaged food, food items and consumer goods, primarily for self-service by the consumer.
Convent or monastery means dwelling unit of a religious order or congregation for persons under religious vows.
Convention/event center means a facility designed for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including but not limited to temporary outdoor displays, food and beverage preparation and parking garages.
Cosmetics, beauty supplies, and perfume stores means a retail establishment known as a cosmetic or perfume store or beauty supply shops primarily engaged in retailing cosmetics, perfumes, toiletries, and personal grooming products.
Country club means an area containing a clubhouse and recreation facilities restricted to the use of specific membership and which may contain a golf course, tennis court, swimming pool, dining room, social facilities and similar recreation and service facilities.
Courier and messenger services means an establishment that provides air, surface, or combined courier delivery services of parcels and messages within or between metropolitan areas or urban centers. These establishments may form a network including local, and point-to-point pick-up and delivery.
Credit and finance establishment means a public or private establishment which extends credit or lends funds.
Criminal justice facility means a facility used primarily for conducting the affairs of the criminal justice system, including federal, state, county, and municipal courts, public safety departments, and detention facilities, together with incidental storage and maintenance of necessary vehicles.
Cultural facilities means an establishment that documents the social and religious structures and intellectual and artistic manifestations that characterize a society. Includes museums; art galleries; and, botanical and zoological gardens of a natural, historic, educational, or cultural interest. While these activities may charge admission fees, the bulk of their expense are usually borne by public agencies, foundations, or donations.
Dance hall means any building, premises, pavilion, or place of business wherein dancing is permitted, conducted or engaged in by the public in general, including but not limited to private clubs as defined by ordinance and/or the laws of the State of Arkansas, either for profit or not.
Data processing facility means an establishment primarily involved in the compiling, storage, and maintenance of documents, records, and other types of information in digital form utilizing a mainframe computer. This term does not include general business offices, computer-related sales establishments, and business or personal services.
Daycare, adult means a group program designed to provide care and supervision to meet the needs of four (4) or more functionally impaired adults for periods of less than twenty-four (24) hours, but more than two (2) hours per day in a place other than the adult's own home.
Daycare, family home means a daycare facility with more than five (5) but less than sixteen (16) children, requiring licensure by the state and located within the home of the care giver.
Daycare center means all other childcare other than daycare, family home, requiring licensure by the state.
Delivery service means an establishment primarily engaged in undertaking the transportation of goods and people for compensation, and which may in turn make use of other transportation establishments in effecting delivery.
Department store, warehouse club, or superstore means a retail or wholesale development that typically requires high parking to building ratios and has a regional sales market. Regional retail/wholesale sales can include but are not limited to membership warehouse clubs that emphasize bulk sales, discount stores, and department stores.
Diagnostic laboratory testing facility means a facility offering diagnostic or pathological testing and analysis of blood, blood fluids, pathological specimens, DNA sampling and analysis, and any other diagnostic test generally recognized in the healthcare industry.
Doctor office and clinics means a building used exclusively by physicians, dentists, and similar personnel for the treatment and examination of patients solely on an outpatient basis, no overnight patients shall be kept on the premises.
Domestic violence shelter means a temporary shelter for individuals affected by domestic violence. Such use shall be operated by a public or non-profit entity and may provide temporary lodging, counseling, day care, and support services.
Dormitory means a building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, convent monastery, or other similar institutional use.
Driving range means an area equipped with distance markers, clubs, balls, and tees for practicing golf.
Drive-in restaurant or refreshment stand means any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.
Durable goods means an establishment in the durable goods subcategory sell or arrange the purchase or sale of capital or durable goods to other businesses. These establishments wholesale products, such as motor vehicles, furniture, construction materials, machinery and equipment (including household-type appliances), metals and minerals (except petroleum), sporting goods, toys and hobby goods, recyclable materials, and parts. Durable goods generally have life expectancy of at least three (3) years.
Dwelling, live/work means a dwelling unit within which an at-home business is encouraged. Businesses are limited to a maximum of two (2) employees that do not dwell in the principal or accessory dwelling unit.
Dwelling, single-family means a detached residential dwelling unit other than a manufactured or mobile home designed for and occupied by one (1) family only.
Dwelling, manufactured home. See manufactured home.
Dwelling, multi-family means a detached residential building containing more than one (1) dwelling unit, but not including row or townhouses.
Dwelling, two-family means a detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families.
Dwelling unit means one (1) room or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
Eave means the weather-protective overhanging lower edge of a roof.
Electric power plant means an establishment that provides electric power generation, transmission, control, and distribution. Establishments include facilities that convert other forms of energy into electrical energy, electric power transmission and control systems (including lines and transformer stations), and distribution systems (i.e., lines, poles, meters, and wiring).
Electrical equipment, appliance, and components manufacturing means an establishment that manufactures computers, computer peripherals, communications equipment, audio equipment, lighting equipment, batteries, motors, and other products that generate, distribute and use electrical power. Included are manufactures of components for the above products and manufacturers of small and major household appliances.
Electrical, plumbing, heat, and air conditioning means a place of business primarily engaged in selling and/or distributing electrical, plumbing and HVAC products to suppliers and contractors with limited retail to the general consumer.
Emergency and relief services means an establishment primarily engaged in providing food, shelter, clothing, medical relief, resettlement, and counseling to victims of domestic or international disasters or conflicts (wars). Emergency relief may be needed following a natural disaster such as an earthquake, fire, drought, tornado, famine, hurricane, flood, mudslide, or a man-made disaster such as hazardous material containment, nuclear or biological threats, or acts of terrorism.
Employment agency means an agency that helps find jobs for persons seeking employment or assists employers in finding persons to fill positions that are open.
Employment agency (day labor) means an agency that assist in finding jobs for normally unskilled labor on a daily basis.
Engine repair (all types) means a facility for motor vehicle repair.
Equestrian facilities means a horse, donkey, and mule facility including horse ranches, boarding stables, riding schools and academies, and horse exhibition facilities. This land use includes barns, stables, corrals, and paddocks accessory and incidental to the above uses.
Equipment rental, indoor means an establishment providing the rental of tools, lawn and garden equipment, party supplies and similar goods and equipment, including incidental maintenance and indoor storage.
Equipment rental, outdoor means an establishment providing the rental of tools, lawn and garden equipment, party supplies and similar goods and equipment with outdoor storage / rental yards. This definition does not include "construction and heavy equipment sales and rental" which is separately defined.
Equipment, rental, service stores means an establishment displaying and offering for rent equipment for domestic maintenance and improvement including cleaners, mowers, ladders, tillers, cement mixers, wheelbarrows, paint spraying equipment and similar items.
Exhibition hall means a large hall typically offering enough floor area to accommodate several thousand attendees and suitable for major trade shows.
Extended care facility means a long-term facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution.
Extermination and pest control means an establishment that exterminates and controls mosquitoes, rodents, termites, and other insects and pests.
Facilities emitting odors means any function that involves a process which emits or has the potential for emitting odor.
Facilities handling explosives means any function that involves a process dealing with a product with explosive potential.
Family means one (1) or more persons occupying a single dwelling unit, and living as a single, nonprofit housekeeping unit, provided that unless all members are related by blood or marriage, no such family shall contain over four (4) persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a separate family. In addition, a family shall be deemed to include four (4) or more persons occupying a dwelling unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition with the exception that handicapped persons whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others shall not be allowed.
Family support services means hotline centers, suicide crisis centers, or self-help organizations that provide counseling, support, and education.
Feed store means a facility for sale of grain, prepared feed and forage for pets, livestock and fowl, but not involving the grinding, mixing, or commercial compounding of such items.
Fence, opaque means a manmade barrier constructed to provide privacy and visual separation between dissimilar uses. Such fences shall be impervious to rays of visible light.
Financial institution means an establishment with the provision of financial and banking services to consumers or clients. Walk-in and drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, lending establishments and on-site automatic teller machines.
Fine art and performance education (art, drama, speech, dance, music or similar skills) means a place for the instructing, coaching or counseling of personal skills of the arts.
Firearms range means a facility designed and constructed for the practice and teaching of marksmanship with hand guns, rifles and shotguns and operated by a public agency or a quasi-public or private corporation approved by the city.
Fitness studio means a place or building where passive or active exercises and related activities are performed for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. The activities shall be conducted entirely within an enclosed building. Examples include martial arts, yoga, dance, or similar activities but do not include spectator events.
Floor, paint, wall covering, and window treatment store means a facility for the display and sales of paint, carpeting, rugs, tile, vinyl, wallpaper and/or window treatments and the equipment and supplies for the hand application and maintenance of those things.
Florist shop means a facility for the retail sales of cut or uncut flowers and ornamental plants and accessory items.
Food and beverage processing means the preparation, processing, or canning and packaging of food and beverage products. Examples of activities included are bakeries, dairies, and bottling companies.
Food distribution center means an establishment that provides for the bulk transportation and distribution of food service products to large public or private institutions such as schools or offices.
Food truck means a business that serves food or beverages from a self-contained unit, either motorized or in a trailer on wheels, and conducts all or part of its operations on premises other than its own and is readily movable, without disassembling, for transport to another location. Retail sale of non-food items not associated with the food or beverage operation is not permitted.
Food truck court means a primary land use located on one (1) or more platted lots where two (2) or more food trucks are located to offer food or beverages only for sale to the public, functioning as a single business and authorized to provide tables, play areas, a permanent structure, and other outdoor entertainment open to all customers of all vendors. This definition shall not be interpreted to include a congregation of mobile food establishment as a secondary and/or accessory use of land. Retail sale of non-food items is not permitted. Additional requirements are stipulated in article 6, section 3.18.
Foundry or metal-works facility means a facility for the melting, smelting, molding, or otherwise processing or manufacturing of metallic minerals or metal stock.
Fraternity/sorority house means a building containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for fraternity members and their guests or visitors and affiliated with an institution of higher learning.
Fund, trust, or other financial establishments means an establishment which pools fund and trust assets on behalf of their shareholders. They act as principals or brokers in buying or selling financial contracts and provide related investment services, such as portfolio management; investment advice; and trust, fiduciary, and custody services.
Funeral home or mortuary means a building used for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation.
Furniture or home furnishing (new) means a retail facility for displaying and selling new furniture, household appliances, and lawn furniture.
Furniture or home furnishing (used) means a retail facility for displaying and selling used furniture, household appliances, and lawn furniture.
Furniture repair store and upholstery shop means a facility for repairing and reupholstering furniture. The use of specialized equipment is included.
Gasoline service station means buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and where in addition the following services may be rendered and sales made, no other: Sale and servicing of spark plugs, batteries, and distributor parts; tire servicing and repair, but no recapping or regrooving; replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like; radiator cleaning and flushing; washing and polishing, and sales of automotive washing and polishing materials; greasing and lubrications; providing and repairing fuel pumps, oil pumps, and lines; minor servicing and repair of carburetors; emergency wiring repairs; adjusting and repairing brakes; minor motor adjustments not involving removal of the head or crankcase or racing the motor; sales of cold drinks, package foods, tobacco, and similar convenience goods for filling station customers, as accessory and incidental to principal operations; provision of road maps and other information material to customer; provision of restroom facilities. Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage or automobiles not in operating condition, or other work involving noise, glare, fumes, and smoke. A filling station is not a repair garage or a body shop.
Gift shop means a retail establishment where items such as art, antiques, jewelry, books, and notions are sold.
Glass sales and service means a business which provides commercial glass and glazing for building storefronts, windows, doors, curtain walls, showcases, and skylights.
Grain storage and processing means a facility for the storage or mixing or grinding of grains or other prepared foods to be used as food for pets, livestock or fowl.
Greenhouse means a building or structure, temporary or permanent, that provides a controlled environment for the placement of plants for sale, the planning and raising of plants or the display of plants for education, entertainment, or artistic endeavor.
Grocery store or supermarket means an establishment where food and associated items are kept, displayed and sold at retail.
Ground-mounted satellite television signal receiver dishes means devices, commonly parabolic in shape, mounted at a fixed point on the ground for the purpose of capturing television signals transmitted via satellite communications facilities and serving the same or similar function as the common television antenna.
Handicraft, ceramic, sculpture or similar art workshop means a facility to individually create objects such as leather goods, jewelry, oven-fired, nonmetallic mineral products or carved three (3) dimensional works of art, including sale of such items at retail, not to be construed as a factory.
Hardware store means a facility of thirty thousand (30,000) or fewer square feet gross floor area primarily engaged in the retail sale of various basic hardware items such as tools, builder's hardware, plumbing and electrical supplies, paint and glass, household appliances, lawn and garden supplies, etc.
Hardware store (neighborhood) means a retail facility consisting of a single main structure located at the edge of residential areas which exists for the purposes of selling tools, utensils, screws, nails, lawn and garden supplies and similar hardware items; with outside storage prohibited, and display areas limited to private walk areas in front of and adjacent to the main store structure.
Health care facility means a facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of physical or mental conditions. Includes: General or special hospitals; public health centers; diagnostic centers; treatment centers; rehabilitation centers; extended care facilities; long-term care facilities; residential health care facilities; and, outpatient clinics. These facilities may include laundries, cafeterias, gift shops, laboratories, and medical offices as accessory uses.
Health club means an establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers. May also include pro shops selling a variety of sports equipment and clothing; instruction programs; aerobic classes; and weight control programs as part of the club. Usually open only to members and guests on a membership basis and not to the public at large paying a daily admission fee.
Health services means establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.
Heliport means a landing facility for rotary winged aircraft.
Historical or archaeological institution means a research repository for historic or archaeological resource inventory documents and related historic and materials.
Hobby shop means a facility for the retail sale of hobby supplies such as model kits, art equipment, and materials.
Home improvement center means a facility of more than thirty thousand (30,000) square feet gross floor area, engaged in the retail sale of various basic hardware lines, such as tools, lumbers, builder's hardware, household appliances, garden supplies, etc.
Home occupation means the accessory use of a residential dwelling for gainful employment in such a manner and under such conditions and restrictions that the business use is compatible with and does not disrupt the residential character of the neighborhood.
Homeless shelter means a facility providing temporary housing to indigent, needy, homeless, or transient persons; may also provide ancillary services such as counseling, life-skills classes, and vocational training, etc.
Homeowner's association/property owner's association recreational center means a private recreational facility and/or clubhouse designed and constructed as part of a subdivision development and intended for the specific use of members of a homeowners/property owners association.
Horse track means a circular, elliptical, rectangular, oblong, or similarly shaped endless accessory structure either enclosed or outside, used for the exercise and/or training of horses and/or driver and riders on a farm.
Hospice residential care facility means a freestanding licensed hospice facility which provides palliative and supportive medical and other health services to meet the physical, psychological, social, spiritual, and special needs of terminally ill patients and their families in a group residential setting.
Hotel means a facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities. Extended stay hotels, offer kitchen facilities, sitting rooms, and bedrooms as added amenities to attract longer term residents. These function more as apartment hotels than as traditional hotels.
House, boarding means a dwelling where meals, or lodging and meals, are provided for compensation, or where meals may be available on a commercial basis, for two (2) or more persons pursuant to previous arrangements, but which is not available to transients and with which no table board is furnished.
Indoor recreation center means a permanent structure containing facilities for recreational activities, organized games such as basketball and volleyball, exercise rooms, handball, and similar activities. May also include facilities for lectures, arts and crafts, special events, child-care centers, snack bars, pro shops, and instruction in various games.
Industrial, intensive means a facility and surrounding yard designed primarily for the preparation, production, and distribution of objectionable materials such as chemicals, explosives, etc. Further, the production of such materials may create noxious odors or gases objectionable to businesses and residences. This may include manufacturing products from raw materials. Such uses include but are not limited to:
Aerosol containers, filling of;
Animal and marine fat and oils, manufacturing or processing;
Animal bones, offal or waste; assembly, incinerator, processing or utilization;
Mineral preparation; non-metallic;
Ore reduction;
Paint, enamel, lacquer, turpentine, varnish, manufacturing;
Paper manufacturing or processing;
Arsenals;
Production of crude petroleum, natural gas natural gas liquids;
Chemicals compounding or packaging;
Recycling and reclamation;
Coal preparation;
Rendering of animals;
Creosoting or similar processing;
Rubber products; natural or synthetic manufacturing;
Explosives: Manufacture, storage warehousing or wholesaling;
Tanning of hides and skins;
Fireworks: Manufacture, storage;
Tar or tar products manufacturing or processing;
Foundry;
Warehousing or wholesaling flammable gases or liquids; storage;
Batching or mixing plant, asphaltic or Portland cement, concrete, mortar or plaster;
Railroad equipment storage or maintenance;
Railroad freight terminal;
Brick, tile, clay, or ceramic manufacture;
Scrap or waste materials handling;
Compounding of cosmetics and toiletries;
Scrap steel cutting on contract basis;
Dry cleaning and dyeing plant;
Sign painting;
Electronic equipment assembly and manufacture;
Steel products; fabrication and assembly;
Freight depot, railroad, or truck freight forwarding service;
Glass or glass products manufacturing.
Industrial, light means a facility and surrounding yard designed to provide an area for wholesaling, storage, packaging, display, distribution, and those retail uses accessory to the operations and for light manufacturing, assembling and fabrication without creating a nuisance of odor, noise, dust, vibrations, etc. Uses include but are not limited to:
Air conditioning and heating equipment manufacture;
Orthopedic or medical supplies manufacturing;
Jewelry manufacturing;
Book bindery;
Bus or truck storage or garage;
Leather goods fabrication;
Bottling works, all beverages;
Mattresses; rebuilding or renovating;
Brooms and brushes manufacturing;
Outdoor advertising plant;
Electrical equipment assembly;
Processing and manufacturing that by reason of operation is not a nuisance in respect to odor, noise, dust, vibration, etc.;
Furniture manufacturing;
Vending machine sales, rental, repair and manufacturing;
Ice plant, dry or natural;
Instrument and meter manufacturing;
Wood distribution;
Venetian blind, window shade, and awning manufacture;
Industrial cleaning plant;
Wood or lumber processing;
Monument works.
Insurance office means an establishment primarily engaged in acting as agents (i.e., brokers) in selling annuities and insurance policies.
Interior decorator service means an office or studio for the design, selection, and coordination of paint, wall coverings, fabrics, floor coverings, window treatments, furniture, and fixtures for architectural interiors.
Investigation and security services means an establishment that provides one or more of the following: Investigation and detective services; guard and patrol services; the picking up and delivering of money or valuable items with protection while in transit; the selling of security systems, such as burglar and fire alarms and locking devices, along with installation, repair, or monitoring; and remote monitoring of electronic security alarm systems.
Investment banking, securities, and brokerages means an establishment primarily engaged in underwriting, originating, and/or maintaining markets for issues of securities.
Janitorial services means an establishment that clean building interiors, interiors of transportation equipment (e.g., aircraft, rail cars, ships), or windows.
Jewelry store means a facility which retails watches, rings, bracelets, necklaces and similar items.
Laboratory, dental or medical means an establishment that provides bacteriological, biological, medical, prosthetic, x-ray pathological and similar analytical or diagnostic services to doctors or dentists. No fabricating is conducted on the premises except the custom fabrication of dentures.
Laboratory, manufacturing means an operation involving the compounding of products such as perfumes, pharmaceuticals and the development and assembly of instruments and similar items.
Laboratory, medical research means a facility for performing scientific tests, analysis, or experimental studies.
Laboratory, research means a facility for scientific laboratory research in technology-intensive fields. Examples include biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, heat transfer, and radiation research facilities.
Landscape contractor means a business principally engaged in the decorative and functional alteration, planting, and maintenance of grounds. Such a business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g., drainage facilities) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the ground.
Landscaping means landscaping shall consist predominantly of any combination of grass, ground covers, shrubs, vines, hedges, or trees. A portion of the landscaped area may include non-living durable materials common to landscaping such as rocks, stone, bark, walls, and fences. Paving shall be excluded.
Laundry and cleaning facilities (self-service) means a facility where patrons wash, dry, and/or iron clothing or fabrics in machines operated by the patrons.
Laundry, cleaner means an establishment that provides dry cleaning and/or laundry service on the premise.
Laundry, commercial/industrial means an establishment used for cleaning fabrics, textiles, wearing apparel, or articles of any sort of volatile solvents.
Laundry, cleaner (drop-off station) means an establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry-cleaning equipment or machinery on the premises.
Leather and allied products means leather and allied product manufacturers: Transform hides into leather by tanning or curing; fabricate leather into products for final consumption; and manufacture similar products from leather substitutes, such as rubber, plastics, or textiles. Rubber footwear, textile luggage, and plastic purses are some examples of products made from leather substitutes.
Library or public arts complex means an establishment for the loan or display of books or objects of art or science which is sponsored by a private, public or quasi-public agency in which the institution is open and available to the general public.
Light fabrication and assembly process means the manufacture and assembly of previously prepared materials such as food, drugs, cosmetics, cellophane, canvas, cloth, felt, fur, glass, leather, paints, paper or plastic.
Limousine service means a business that offers the public motor vehicles for carrying or transportation of passengers between airports and points within the city for a fixed charge or fee, or offering a vehicle with driver for transportation of passengers at an hourly rate.
Lithographic shop or commercial printer means an establishment involving the printing and publishing of books, magazines, newspapers, posters, and similar graphic material in volume.
Livestock auction means an establishment consisting of barns, pens and sheds for the temporary holding and sale of livestock.
Loading space, off-street means space logically and conveniently located for bulk pickups and deliveries, scaled to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
Local freight and furniture moving (no storage) means an establishment that provides local general freight trucking, usually within a metropolitan area which may cross state lines. They handle a wide variety of commodities, generally pelletized and transported in a container or van trailer. Most trips are same-day return.
Locksmith means an establishment primarily engaged in the repair and sale of locks and keys.
Lodger means a transient renter whose meals may or may not be included in the cost of his or her rent.
Lodging house means a facility in which rental sleeping accommodations are provided and in which meals also may be supplied as part of the fee.
Long-term care facility means an institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for twenty-four (24) or more consecutive hours to two (2) or more patients who are not related to the governing authority or its members by marriage, blood, or adoption.
Long distance freight and furniture moving (and storage) means a long distance freight trucking establishments that provide long-distance general freight trucking, usually between metropolitan areas which may cross North American country borders. They handle a wide variety of commodities, generally pelletized and transported in a container or van trailer. Included are establishments operating as truckload (TL) or less than truckload (LTL) carriers.
Lot means, for purposes of this chapter, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street or on an approved private street, and may consist of:
1.
A single lot of record.
2.
A portion of a lot of record.
3.
A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
4.
A parcel of land described by metes and bounds.
Lot frontage means the front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "yards" in this section.
Lot measurements.
1.
Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
2.
Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, and measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) percent of the required lot width except in the case of lots on the turning circle of culs-de-sac, where width is measured at the building line.
Lots of record means a lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described in meters and bounds, the description of which has been so recorded.
Lots, corner means a lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.
Lots, interior means a lot other than a corner lot with only one (1) frontage on a street.
Lot, through means a lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots.
Lumber yard and building materials means a facility which principal business is storing and selling cut lumber and associated accessory building materials primarily to contractors.
Machine, sheet medal, or welding shop means an establishment where lathes, presses, grinders, shapers, and other wood- and metal-working machines are used as blacksmith, tinsmith, welding, and sheet metal shops.
Mail services means a commercial business which conducts the retail sale of stationery products, provides packaging and mail services (both U.S. Postal and private service), and provides mailboxes for lease.
Maintenance Service means a base facility for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator, equipment, HVAC, instrument, plumbing, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use. When the base facilities for these services include service or storage yards they are instead classified under "contractor maintenance yard."
Mall or shopping center means a facility with five (5) or more stores for retail goods and services, which are structurally designed in an integrated fashion around or along both sides of a promenade, walkway, concourse, or courtyard. Primary individual store entrances front onto this promenade. This may include offices and satellite or unattached structures that are served by the mall road network.
Manufactured home means a factory-assembled detached dwelling unit with the following characteristics:
1.
Originally designed for full-time occupancy containing sleeping, bath, and kitchen facilities.
2.
Connection for utility systems provided on the intended site.
3.
Designed for highway transport with wheels, chassis, tongue, and other features related to transportability.
4.
Conformance with the minimum construction standards of the federal mobile home regulations of Title VI of Public Law 93-383, USC 5401.
This structural type is required to be placed upon permanent foundation supports with anchorage complying with the city's building codes. This definition shall be deemed to include modular homes that are factory assembled. This structural type is expressly prohibited in all zoning districts except SF-4 where it is a permitted use by right and A-1 district where it is allowed by conditional use permit.
Manufactured home subdivision means a parcel of land platted for subdivision according to all requirements of the comprehensive plan, designed, or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by manufactured homes.
Manufactured housing construction and safety standards code means Title VI of the 1974 Housing and Community Development Act (42 U.S.C. 5401 et sequential), as amended (previously known as the federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder (including information supplied by the home manufacturer, which has been stamped and approved by a design approval primary inspection agency, an agent of the U.S. Department of Housing and Urban Development pursuant to HUD rules), which became effective for mobile/manufactured home construction on June 15,1976.
Manufacturing, heavy means the manufacture or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process.
Manufacturing, light means the processing or fabrication of certain materials or products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties.
Manufacturing, medium means the manufacturing of products from processed or unprocessed raw materials, where the finished product is noncombustible and nonexplosive. This manufacturing may produce noise, vibrations, illumination, or particulate that is perceptible to adjacent land users, but is not offensive or obnoxious. Odors produced on-site shall not have a negative effect on other businesses or properties in the area. This use shall include any packaging of the product being manufactured on-site. Examples include but are not limited to the production of the following: Glass products made from manufactured glass; clay and pottery products; food and beverages; candy and other confectionery products; computer hardware; products made from rubber, plastic, or resin; converted paper and cardboard products; fabricated metal products made from semi-finished metals.
Marina means a use of land involved in the operation of a marina including structures and activities normally integral to the operation of a marina, such as fueling, servicing, pumping-out, chartering, launching, and dry-storage of boats and boating equipment.
Medical appliance services means a medical supplier who provides orthopedic appliances and prosthetic appliances.
Medical marijuana cultivation facility means an entity that has been licensed by the medical marijuana commission under § 8 of Amendment 98 of the Arkansas Constitution, and cultivates, prepares, manufactures, processes, packages, sells to and delivers usable marijuana to a dispensary.
Medical marijuana dispensary means an entity that has been licensed by the medical marijuana commission under § 8 of Amendment 98 of the Arkansas Constitution.
Medical services, clinic and urgent care means a facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis and accommodates more than four (4) licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. Examples of these uses include: Medical offices with four (4) or more licensed practitioners and/or medical specialties; out-patient care facilities; urgent care facilities; and, other allied health services. These facilities may also include accessory medical laboratories.
Medical services, doctor office means a facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than four (4) licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. A facility with five (5) or more licensed practitioners is instead classified under "medical services, clinic, urgent care."
Medical services, Hospital means facilities engaged primarily in providing in-patient diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, in-patient beds, and equipment and facilities to provide complete health care. Includes on-site accessory clinics and laboratories, abortion clinics as authorized in A.K.A. § 12-18-103 and § 20-9-302, accessory retail uses and emergency heliports, and on-site ambulance dispatch facilities.
Medical services, laboratory (non-research) means a facility for the testing of blood and tissue samples for medical diagnoses, and for the fabrication of dental prosthetics and eyeglasses. Does not include laboratories for medical research, which are classified under "laboratory, research."
Medical services, substance abuse, or mental health treatment clinic means a facility where the primary activity is the treatment and care of persons suffering from mental or emotional disorders or substance abuse.
Mental health hospital means a health station, retreat, or an institution for the recuperation and treatment of persons suffering from physical or mental disorders.
Microbrewery/microdistillery/microwinery means an establishment for the manufacture, blending, fermentation, processing and packaging of no more than fifteen thousand (15,000) barrels of alcoholic beverages per year. It may serve alcoholic beverages for sampling on the premises and may also have wholesale and resale for sales of alcoholic beverages produced on the premises.
Miniature golf course means a theme-oriented recreational facility, typically comprised of nine (9) or eighteen (18) putting greens, each with a "cup" or "hole," where patrons in groups of one (1) to four (4) pay a fee to move in consecutive order from the first hole to the last.
Mining means a tract of land where various minerals, ore, etc. are extracted from the earth. May also include a distribution area for truck/rail loading of ore and materials. Uses include but are not limited to: Exploration for minerals; mining of coal, metal ores and non-metallic minerals other than fuels; extraction of sand, gravel, clay, quarrying of rock; and removal of topsoil for sale purposes.
Ministorage units means a structure or structures containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time.
Mixed-use building means a single building containing both residential uses and non-residential uses.
Mobile home means a factory-assembled detached dwelling unit with the following characteristics:
1.
Designed for full-time occupancy and containing sleeping, bath, and kitchen facilities.
2.
Connection for utility systems provided on the intended site.
3.
Designed for highway transport with wheels, chassis, tongue, and other features related to transportability.
This unit type is required to be placed on foundation supports with anchorage complying with the city's building codes. This unit type is also recognized as having been constructed prior to the adoption of the National Manufactured Home Construction and Safety Standards on June 15, 1976. This structure type is expressly prohibited whether for permanent or temporary occupancy in all zoning districts except MHP, Mobile Home Park District.
Mobile home park means any plot of ground on which there are located or intended to be located two (2) or more manufactured or trailer homes to be occupied for dwelling or sleeping purposes.
Motel means an establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.
Monument manufacturing means a manufacturing process which involves the fabrication, carving/lettering, and etching of monument signs or memorials.
Monument sales means an establishment that sells upright monuments, statues, lawn decorations, gravestone plaques or mausoleum containers, monument signs, benches, and birdbaths to be used in cemeteries as memorials for the deceased, as monument signs to identify businesses or subdivisions, or for residential use in lawn of gardens.
Motion pictures and sound recording studios means an establishment that produces and distributes motion pictures and sound recordings.
Motor freight terminals means a facility for freight loading and freight storage.
Motor vehicle repair and body shop means property, building or portion thereof used for the service and repair of motor vehicles including major mechanical repair and body work, straightening of body parts, painting, welding, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in gasoline service stations.
Movie theater (indoor) means a building including a stage or screen for the projection of motion pictures to the public.
Moving and storage means a facility for warehousing, transferring, or keeping of goods.
Moving company means a company that moves the possessions of a family or business from one (1) site to another.
Multistoried parking structure means a parking structure which is designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This definition includes parking garages and deck parking.
Museum means a building having public significance by reason of its architecture or former use or occupancy or a building serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use.
Neighborhood store means a commercial establishment primarily engaged in the provision of frequently or recurrently needed goods for household supplies and hardware. Neighborhood stores shall not include fuel pumps or the selling of fuel for motor vehicles.
Newspaper printing plant means a commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including but not limited to offset printing, lithography, web offset, flexographic, and screen process printing.
Nonconforming building or structure means any building or structure lawfully existing on the effective date of this chapter, as amended, which does not comply with all of the regulations of this chapter for governing parking, or bulk and area requirements for the zoning district in which such building or structure is located; provided, however, any building containing more than one (1) dwelling unit in addition to the number permitted by the district regulations in the district where it is located shall be deemed to be a nonconforming use rather than a nonconforming building.
Nonconforming use means any use lawfully being made of any land, building, or structure, on the effective date of this chapter, as amended, which does not comply with all the regulations of this chapter governing use for the zoning district in which such land, building, or structure is located.
Nonconforming. See article 8.
Nondurable goods means an establishment that sells or arranges the purchase or sale of nondurable goods to other businesses. These establishments wholesale products, such as paper products, chemicals, drugs, textiles, apparel, footwear, groceries, farm products, petroleum products, alcoholic beverages, books, magazines, newspapers, flowers, and tobacco products. Nondurable goods generally have a life expectancy of less than three (3) years.
Nonmetallic manufacturing and mining means an establishment that transforms, mines, dredges and quarries nonmetallic minerals, such as sand, gravel, stone, clay, and refractory materials. Included are establishments that manufacture bricks, concrete blocks, refractory glass, cement, concrete, lime, gypsum, abrasives, cut stone, and mineral wool.
Office and administrative services means an establishment that provides day-to-day office administrative services, such as financial planning, billing, record keeping, personnel employment, and logistics; holds securities ( or other equity interests) of companies in order to own a controlling interest or influence management decisions; oversee and administer the establishments of a company often by providing strategic or organizational planning.
Office, corporate means an establishment primarily engaged in providing internal office administration services as opposed to customer service in a single building or a campus setting; for example, the headquarters, regional offices or the administrative offices for a corporation. Generally the majority of the traffic generated from corporate offices comes from employees and not the general public.
Office, general means a place for the regular transaction of business but not to include retail sales, transfer of manufactured goods or storage of commodities.
Office supply store means an establishment or places of business engaged in the sale, rental, or repair of office equipment, supplies, and materials.
Office, small scale means an office facility with a gross floor area of four thousand (4,000) square feet or less, characterized by low employee densities and occupied by a business engaged in information processing, providing professional services, or engaged in the production of intellectual property. This definition does not include "medical services, doctor office" which is separately defined.
Office, large scale means an office facility with a gross floor area of more than four thousand (4,000) square feet, characterized by high employee densities and occupied by a business engaged in information processing, providing professional services, or engaged in the production of intellectual property. This definition does not include "medical services, doctor office" which is separately defined.
Office-warehouse means a facility combining office and warehouse functions in a single structure, characterized by occasional truck deliveries and that does not create a nuisance such as dust, noise, or odors. Any warehouse activity with heavy trucking activities or nuisances shall be considered under the term "warehousing or wholesaling."
Off-site means a circumstance whereby a tract of land is physically separated from another by the intervention of a public street, alley, or an unrelated ownership.
Optical shop means a facility for a dealer in optical items for correcting vision.
Outdoor advertising business means provisions of outdoor displays or display space on a lease or rental basis only.
Outdoor music establishment means any business or establishment that has a garden, patio, rooftop or premises not wholly enclosed by solid walls and fully roofed in which amplified or loud music is played that could be audible at nearby residences or businesses.
Outdoor temporary sale means open sales lots established for temporary periods of sale of seasonal commodities. Sales outdoor, temporary, shall be subject to a permit issued by the director for a specific period of time, not to exceed one hundred twenty (120) days.
Packaging and distribution center means a use where goods are received and/or stored for delivery to the consumer at remote locations.
Paper and printing materials means an establishment that manufactures paper and offer printing-related products. Paper manufacturers make pulp, paper, or converted paper products (e.g. paper bags). Printing establishments print products (e.g. newspapers, books, periodicals, and greeting cards) and perform support activities, such as bookbinding, plate making services, and data imaging.
Parking means the act of or a state wherein motion has completely ceased. The vehicle involved, whether trailer or self-propelled, has been disconnected from it power source or the engine has been turned off; the driver or operator has left the vehicle unattended.
Parking garage means an area or structure devoted to the parking or storage of motor vehicles.
Parking lot means use of a plot of ground or parcel of real estate for the parking of vehicles used by customers and employees of that business.
Parking lot, commercial means an area devoted to the parking or storage of motor vehicles for a fee.
Parking lot, off site means parking spaces which are not located on the same lot or tract occupied by the main use, but which are within three hundred (300) feet of such lot or tract.
Parking space, off-street means, for the purpose of this chapter, an off-street parking space shall consist of a nine (9) feet by nineteen (19) feet space located off the street right-of-way adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for all nonresidential use, and for multi-family residential uses with five (5) or more required parking spaces, shall be so designed, maintained and regulated that no maneuvering incidental to parking or unparking shall be on any public street or street right-of-way, walk or alley, and so that any automobile may be parked and unparked without moving another.
Pawn shop means a facility for loaning money on the security of personal property; unclaimed property may be sold on the premises.
Pawn shop (no outside storage) means a facility for loaning money on the security of personal property; unclaimed property may be sold on the premises; however, outside display or storage of unclaimed property or other inventory is expressly prohibited.
Performance theater (indoor or outdoor) means a facility that includes a stage for presenting live theatrical performances to the public.
Petroleum product means a product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel or lubricant in a motor vehicle or aircraft. "Petroleum product" includes but is not limited to motor oil, motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, No. 1 diesel, and No. 2 diesel.
Pet cemetery means a parcel of land, buildings, and/or structures used for the interring of animal remains.
Pet shop means a facility for the display and sale of small animals, dogs, cats, fish and birds without involving commercial boarding or treating of any animal, fish or bird.
Pet supply store means a facility which retail pets, pet foods, and other pet supplies.
Petroleum distribution facility means a facility for the storage of fuels or other volatile products and for their distribution to retail sales facilities or other bulk purchasers, regardless of ownership.
Pharmacy or drug store means a facility for preparing, preserving, compounding and dispensing of drugs and medicines.
Photocopy shop means a facility for the reproduction and copying of printed material or drawings. This does not include sign shops, printing establishments, or similar large-scale operations.
Photography studio means a facility for taking and processing photographs, not a bulk processing plant.
Pistol Range (indoor) means an indoor facility designed and constructed for the practice and teaching of marksmanship with handguns.
Plan means a fully dimensioned drawing which illustrates in detail all elements of a development proposal including, but not limited to, property lines, streets, easements, structural elements and landscaping. A plan is prepared by a registered land surveyor, architect, or engineer, appropriately certified.
Plan, final means a fully dimensioned drawing which illustrates in detail all elements of a development proposal including, but not limited to, property lines, streets, easements, structural elements, landscaping. A final plan is prepared by a registered land surveyor, architect, or engineer. A final plan further contains proper certification for accuracy and deletes natural land features. Natural land features and elements illustrated on a preliminary plat are replaced in the final plan by structural elements such as walls, ditches, and other drainage facilities intended to alter land forms.
Plan, preliminary means a fully dimensioned drawing which illustrates in detail all elements of a development proposal including, but not limited to, property lines, streets, easements, structural elements and landscaping. A preliminary plan is prepared by a registered land surveyor, architect, or engineer. A preliminary plan further includes all development phase lines providing construction stages, topography, drainage, and other natural land features.
Plat means an engineering drawing which provides for all data related to a development of land and certified as to accuracy by a land surveyor or engineer.
Plat, final means an engineering drawing which provides for all data related to development of land certified as to accuracy by a land surveyor or civil engineer illustrating details necessary, conveying ownership, dedication, etc. However, no information as to physical features or use is reflected. A final plat is prepared in a form suitable for recording.
Plat, preliminary means an engineering drawing which provides for all data related to a development of land certified as to accuracy by a land surveyor or civil engineer, illustrating the details as necessary to establish a development format with physical land features and usage.
Pool hall means a principal use billiard facility open to the general public, and which could sell and serve beverages and/or drinks on the premises.
Portable storage units means transportable units designed and used primarily for temporary storage of building materials, household goods, personal items and other materials for use on a limited basis.
Principal dwelling unit means a dwelling unit that is the primary and larger of two (2) dwelling units located on a single lot.
Print shop means a facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses.
Printing (commercial/industrial) means a commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including but not limited to offset printing, lithography, web offset, flexographic and screen process printing.
Private club means a facility where food, beverage, entertainment, and meeting space is provided to specific membership only.
Private passenger vehicle means a vehicle which has current safety inspection and license plate, the primary purpose being to provide transportation for fewer than nine (9) people, a secondary purpose being to provide transport for small personal items, such as luggage, groceries, clothing, etc. This definition shall include all recreational vehicles, ATV's race cars, hobby vehicles, and vehicles authorized for use in association with a home occupation.
Professional services means a business, primarily conducted in an office, which offers any service to the public by a licensed professional such as physicians, massage, occupational, or physical therapists, counselors, architects, engineers, lawyers, accountants, etc.
Property management services means a business establishment that manages real property for others.
Public shop or yard of local, state or federal agency means a facility such as office buildings, maintenance yards and shops required by branches of local, state or federal agencies for service to an area, such as highway department yard, city service center, experiment station, municipal or county jail or courts.
Rail transportation means the occupation and use of land, buildings, and structures for purposes directly connected with rail transportation of articles, goods, and passengers, including such facilities as tracks, sidings, signal devices and structures, shops and yards for maintenance and storage of rail machinery, loading platforms, and passenger and freight terminals.
Recreational facilities means a place designed and equipped for the conduct of sports and leisure-time activities.
Recreational facility, commercial is operated as a business and open to the public for a fee.
Recreational facility, personal is provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.
Recreational facility, private is operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.
Recreational structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground that has a primary use that is recreational in nature. Among other things, recreation structures include tennis courts, basketball courts, swimming pools, and jogging trails.
Recreational vehicle means a vehicular portable structure designed to be used as a temporary dwelling for travel, recreational and vacation uses and which can operate independent of connections to sewer, water and electric systems.
Recreational vehicle, dependent means a vehicular portable structure which is dependent upon a service building for toilet and lavatory facilities.
Recreational vehicle park means any lot of land upon which two (2) or more recreational vehicle or tent sites are located, established or maintained for temporary occupancy by recreational vehicles of the general public. Recreational vehicles are used as temporary living quarters for recreation or vacation purposes.
Rectory means a residential building designated by a church to be used by the clergy of that church. A rectory is often located on or adjacent to the primary church property but such location is not required. The rectory may include such facilities as counseling rooms and private meeting rooms as well as general residential facilities but these uses are secondary to the primary use as a residential structure.
Religious facilities means a place of worship and religious training and including accessory housing facilities such as a parsonage or rectory. A place where persons regularly assemble for religious worship which is used only for such purpose and those accessory activities as are customarily associated therewith. Uses include, but are not limited to church, synagogue or temple, including Sunday school facilities; parish house, parsonage or rectory; convent or monastery or novitiate; religious retreat facility; and, child care or mother's day out.
Religious institution means a building used for public worship by a congregation, excluding buildings used exclusively for residential, educational, recreational, or other uses not normally associated with worship. Includes churches, chapels, cathedrals, mosques, synagogues, temples, and similar designations.
Repair services, equipment, and large appliances means a service facility where various types of electrical, electronic, and mechanical equipment and home and business appliances are repaired and/or maintained away from the site of the equipment owner. Does not include vehicle repair or maintenance, which is included under "automobile repair", the repair of small home appliances and electronic equipment, which is included under "repair service - household", maintenance and repair activities that occur on the client's site, which are included under "maintenance service" or repair services provided on the site of a retail use that sells the products for which repair services are offered, where the repair services are incidental to the on-site sales.
Repair services, household means an establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding "automobile repair" and "repair services, equipment, large appliances, etc." which are separately defined. Typical uses include home electronics and small appliance repair; shoe repair; watch or jewelry repair; upholstery services, or repair of musical instruments.
Research and development services means a service that engages in research, or research and development, of innovative ideas in technology-intensive fields.
Residential care facility means a facility licensed by the state department of human services that provides room and board, personal care, habilitation services and supervision for not more than eight (8) developmentally disabled (as defined by the "Location Act for Community Homes for Developmentally Disabled Persons"), and located in a single family residence.
Residential facility, assisted living means a residential facility consisting of individual dwelling units used or designed to be used by older persons, persons with disabilities or other persons needing or desiring non-medical assistance with day-to-day living matters. This definition does not include "residential facility - rehabilitation" which is separately defined. Typical uses include retirement communities in which housekeeping services, common dining facilities and recreational and social activities are offered to residents.
Residential facility, extended medical care means a residential facility providing nursing and medical care as a primary use with in-patient beds.
Residential facility, rehabilitation means a residential facility, either single dwelling or multi-unit facilities, licensed and supervised by a federal, state, or county health or welfare agency that provides 24-hour nonmedical care of more than eight (8) unrelated persons rehabilitating from alcohol or drug abuse.
Residential facility, temporary shelter means a residential facility providing temporary shelter for a person physically or mentally abused by family or for displaced persons and/or families. Such place may or may not provide on-site meals but furnishes a safe haven for people.
Retail means the sale of commodities or goods in small quantities to ultimate consumers.
Retail, large scale means a retail store with a gross floor area of more than four thousand (4,000) square feet for the sale of general merchandise or food. Typical general merchandise includes clothing and other apparel, equipment for hobbies and sports, gifts, flowers and household plants, dry goods, toys, furniture, antiques, books and stationery, pets, auto parts and accessories, and similar consumer goods. The term "food store" includes a grocery, delicatessen, and convenience and specialty foods stores. This use does not include other uses in this article that are specifically listed.
Retail, small scale means a retail store with a gross floor area of four thousand (4,000) square feet or less for the sale of general merchandise or food. Typical general merchandise includes clothing and other apparel, equipment for hobbies and sports, gifts, flowers and household plants, dry goods, toys, furniture, antiques, books and stationery, pets, auto parts and accessories, and similar consumer goods. The term "food store" includes a grocery, delicatessen, and convenience and specialty foods stores. This use does not include other uses in this article that are specifically listed.
Rooming unit means any habitable room or group of rooms forming a single habitable unit, used or intended to be used for living and sleeping but not for cooking or eating.
Salon/spa services means an establishment that provides health and beauty treatments for customers such as massage aroma therapy, exercise facilities, steam/sauna facilities, and hair salons.
Salvage yard means any establishment maintained, used or operated for the storing, keeping, dismantling, salvaging, buying or selling of: Scraps or discarded pieces of metal, paper, cloth, tires, building materials, glass and other materials; inoperable, wrecked, scrapped, ruined or discarded automobiles, automobile parts, machinery or appliances.
Sand, gravel, stone or earth sale and storage facility means a facility for storing and marketing sand, gravel, stone and earth.
Satellite television signal receiving dishes. See ground-mounted satellite television signal receiving dishes.
Sawmill means a facility having power driven machinery for the purpose of sawing logs and including accessory facilities for the drying and storage of wood materials or by-products.
School, public, private, or denominational means an education institution operated under the auspices of the Springdale School Board, or an educational institution operated by private or religious agencies which provide elementary or secondary education comparable to that which is offered by the public schools.
School, business professional means a business organized to operate for a profit and offering instruction and training in a service or art such as secretarial school, Barber College, beauty school or commercial art school, but not including trade schools.
School, public or private means a school under the sponsorship of a public or religious agency having a curriculum generally equivalent to a public elementary or secondary school, but not including trade or commercial schools.
School, trade, or technical means a business organized to operate for a profit and offering instruction and training in a trade such as welding, electrical, plumbing, truck driving, machinery operation and similar trades.
Screening means the use of natural or manmade topography, berms, fences, walls, trees, shrubs, ground cover or any combination thereof which partially or completely blocks the view of one (1) area from another.
Screening, opaque means a manmade device on or a natural feature of a property which restricts access or visibility, the purpose of which is to provide privacy, separation of use and lessen the impact of automobile lights on an adjacent use. Such screening shall be opaque in nature and disallow the passage of visible light frequencies.
Seasonal Use means a specific type of temporary use that reoccurs each year for a definite period of time and which occupies the same location and configuration.
Senior citizens center means a community facility for the organization and provision of a broad spectrum of services, which shall include provision of health (including mental health), social, nutritional, and educational services, and the provision of facilities for recreational activities for older individuals.
Setback line means a line generally parallel to the front, side or rear lot line indicating the limit beyond which buildings or structures, including porches, attached garages, attached carports, balconies, stairways, eaves and overhangs, may not extend except as otherwise provided in ordinances. The location of the setback line shall be determined by the yard requirements or setback line requirements of the zoning district in which the lot is located.
Sewing machine store (sales and service) means a business establishment engaged in the business of selling and repairing sewing machines.
Shoe repair shop means a facility for repair or reconditioning of footgear, handbags and other leather articles such as shoes, boots, sandals, wallets, purses and other similar products.
Sidewalk café means an outdoor dining area, not enclosed by a fence or other visual barriers in excess of thirty-six (36) inches in height, placed on a public right-of-way and contains removable tables, chairs, planters or other appurtenances and is abutting/contiguous to a restaurant that performs food preparation, sanitation, and related services for the sidewalk café.
Sidewalk sales (outdoor vendors) means a special temporary sale, not exceeding three (3) consecutive days, to the public of any goods, wares or merchandise or services by any retail or wholesale business, which sale is conducted on private property of the business selling the merchandise or the public sidewalk immediately adjacent to the retail or wholesale business selling the merchandise.
Single room occupancy (SRO) means a housing type consisting of one (1) room, often with cooking facilities and with private or shared bathroom facilities. Closest models are hotels and apartment building, composed entirely of studio apartments. Have the potential to meet some of the need for lower cost housing without the use of subsidies. Most appropriate locations are areas where low-cost retail and service establishments are in walking distance, have access to mass transit lines so that travel to employment, services, and family is possible.
Skating rink means an establishment that provides facilities for participant skating.
Slaughterhouse means a facility for the slaughtering of animals; processing and refining of their byproducts; and prepared for distribution; activities may include packing, treating, storage or sale of the product on the premises.
Small engine repair means an establishment that provides maintenance and repair of low-power internal combustion engines. Equipment repaired includes but not limited to chain saws, string trimmers, leaf blowers, snow blowers, lawn mowers, wood chippers, and go-karts.
Social assistance, welfare, and charitable services means an establishment that provides social assistance services directly to individuals. They do not offer residential or accommodation services.
Specialty Food Market means an establishment primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages and limited household supplies and hardware. These shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores.
Specialty manufacturing means a specialty manufacturers with or without a retail front or other special manufacturers with minimal impacts to adjoining properties, including noise, traffic, lighting, odors, and hours of operation. Products are primarily assembled by hand. The uses are limited by size to a maximum of four thousand (4,000) square feet of gross floor area and shall be operated only within a fully enclosed structure.
Sporting goods stores means an establishment primarily engaged in the retailing of new sporting goods, including bicycles and bicycle parts, camping equipment, fishing and hunting equipment, exercise and fitness equipment, athletic uniforms, athletic apparel for men, women and children, specialty sports footwear and other sporting goods, equipment and accessories.
Sports complex or athletic field means a large open or enclosed space used for games or major events which may be surrounded by tiers of seats for spectators.
Stable, private means a private accessory building for quartering horses.
Stockyard means a service involving the temporary keeping of livestock for slaughter, market, or shipping.
Street line means the right-of-way line of a street.
Structure or building means structure designed for habitation, shelter, storage, trade, manufacture, religion, business, education, and the like. A structure or edifice inclosing a space within its walls, and usually, but not necessarily, covered with a roof.
Studio of the arts, private means a working place for one engaged in artistic painting, sculpture, or other individual artistic endeavor.
Substance abuse treatment facility means a facility for the purposes of temporary or long-term inpatient treatment of victims of alcohol or drug use or addiction.
Swimming pool means water related recreational facility designed and intended for access by the public. Pools that are part of a country club, health club, hotels and motels or similar uses are accessory to the principal use.
Swimming pool sales and supplies store (without storage yard) means a facility for display and retail sales of swimming pools, related supplies and service.
Swimming pools, public means any swimming pool other than a private swimming pool, including publicly and privately owned pools open to the general public and pools owned and operated in conjunction with membership organizations, motels, hotels, and other similar uses.
Tailor shop means a shop to alter, repair, fabricate, or fashion garments.
Tanning salons means any business that uses artificial lighting systems to produce a tan on an individual's body.
Tanning, slaughtering, rendering of animals or fowl plants means a facility in which the tanning, rendering, slaughtering, or butchering of animals is conducted. This use must be completely enclosed, except for live animal holding pens which shall meet all setback requirements.
Tattoo/body piercing parlor means an establishment whose principal business activity, either in terms of operations or as held out to the public, is the practice of one (1) or more of the following: Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; and/or creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
Taxi service means a facility licensed for operation under regulations established by the city to transport persons from one (1) place to another by means of the appropriate vehicle. This use consists of all services related to provision of a taxi service including but not limited to: Administration, operations, dispatch, communications, and vehicle maintenance.
Taxidermy shop means a facility for preparing, stuffing, and mounting the skins of animals, birds, or fish.
Telecommunications and broadcasting studio means a facility for broadcasting live or prerecorded programs by radio or television or recording of records, tapes, videotapes or other recording media. Such facility may perform activities necessary for recording, programming and receiving of radio and television signals. Such facility shall not engage in mass production.
Telemarketer/call center means a central office place where agents or operators man banks of telephones to either make outgoing, or field incoming, telephone calls for a large company or organization.
Textiles means an establishment that transforms natural or synthetic fiber into products (such as yarn or fabric) to be further manufactured into textile products.
Thrift store means an establishment primarily engaged in the sale of used clothing and/or household goods. This classification does not include antique shops.
Tire sales means a facility where the principal business is the sale or installation of new, used, or retreaded tires and tubes.
Tobacco retailers means a retailer whose business exclusively or primarily involves the sale of tobacco products and related goods.
Tower or communications tower(wireless telecommunications facilities) means any structure that is designed and constructed for the primary purpose of supporting one (1) or more antennas, including lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. This term is not intended to describe buildings or other structures that have been constructed primarily for a purpose other than supporting one (1) or more antennas, despite the fact that such structure may currently, or in the future, actually support one (1) or more antennas.
Towing impound yard means a facility operated for the temporary storage of towed motor vehicles that are to be claimed by their title holders or agents, or transported to a repair shop.
Towing service means an establishment that provides for the removal of a motor vehicle by towing, carrying, hauling or pushing from public or private property when such vehicle has been ordered to be impounded to a public or private impound yard. This shall not include a "motor vehicle repair and body shop" use that has a tow truck and services vehicles on-site.
Townhouses means attached single-family dwelling units which can be either single-story or multi-story in height; which are physically attached one to another by common or adjoining walls on not more than two (2) sides; which have individual heating, air-conditioning, electrical and plumbing systems; which are located on individually platted lots; which are or may be individually owned, or may be rented.
Toy store means an establishment that sells games (including electronic), toys, dolls, and musical instruments.
Trade show means an exhibition organized so that companies in a specific industry can showcase and demonstrate their latest products, service, study activities or rivals and examine recent trends and opportunities. These events may be open to the public, or may be set up to be attended by company representatives (members of the trade) and members of the press only.
Travel arrangement and reservation services means an establishment that promotes or sells travel, tour, or accommodation services, such as providing maps and information, locating convention sites, arranging reservations, organizing group tours, etc.
Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight (8) feet.
Truck or tractor sales and service facility means a facility for the sale and repair of trucks, tractors, or similar motorized vehicles.
Truck stop/ travel plaza means an establishment engaged primarily in the fueling, or parking of tractor trucks, semi-trucks, or similar heavy commercial vehicles, including the sale of accessories and equipment for such vehicles. A truck stop may also include overnight accommodations, showers, or restaurant facilities primarily for use of truck crews.
Use, principal means the main or primary purpose, for which land or a structure or use thereon is designed, arranged or intended, or for which it may be occupied or maintained under this chapter.
Utility shop, storage yard, or building means a building and/or land used by a utility for the storage of poles, pipes, equipment, and materials for maintenance and administration of the utility services.
Utility substation means a station which is subsidiary to a central station and at which a utility from the central station is converted or passed on to another area.
Variance means a relaxation of the terms of the zoning ordinance as pertains to height, area, and size of a structure or size of yards and open spaces as provided in article 11.
Vehicle storage yard means the keeping outside of one (1) or more motor vehicles (except inoperable vehicles), boats, trailers, or unoccupied recreational vehicles for more than seventy-two (72) consecutive hours. The term "vehicle storage yard" does not include auto impoundment/salvage yard.
Vending means a service for the maintaining and supplying of vending machines for candy and other small foodstuffs, novelties, pamphlets and cigarettes but not including beverages.
Veterinary clinics (no outdoor kennels) means a facility with licensed practitioners of veterinary medicine, dentistry, or surgery for animals; also included are businesses that provide testing services for licensed veterinary practitioners.
Veterinary clinic (with outdoor kennels) means a facility with licensed practitioners of veterinary medicine, dentistry, or surgery for animals; also included are businesses that provide testing services for licensed veterinary practitioners. In addition to indoor clinics, also provides outside pens or kennels for larger animals.
Video, music, and software (rental and leasing) means an establishment primarily engaged in the retail rental or lease of video tapes, films, CD-ROMS, laser discs, electronic games, cassettes, or other electronic media. Sales of film, video tapes, laser discs, CD-ROMS, and electronic merchandise associated with VCRs, video cameras, and electronic games are permitted accessory uses.
Vocational rehabilitation means an establishment that provides job counseling, job training, and other vocational services.
Warehouse means a facility engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive. Chapter 130 SPECS
Wedding chapel means a facility which is made available to be rented principally for wedding ceremonies and may include a chapel, dressing rooms, offices, reception facilities, and gardens.
Weight loss centers/diet or nutrition center means a facility designed to assist persons in weight control through a combination of diet and exercise. Centers offer a combination of counseling, nutrition, and exercise measures.
Wind energy system, small means a wind energy conversion system used primarily to generate power for onsite consumption, one hundred (100) kW or less, consisting of a wind turbine, tower, base and associated control or conversion electronics.
Wind energy system, large means a wind energy conversion system used primarily to generate power for offsite consumption, more than one hundred (100) kW, consisting of one (1) or more wind turbines and associated accessory facilities.
Wood products manufacturing plant means a facility which cuts, trims, planes or otherwise finishes wood products on an industrial scale.
Yard means an open space between a building or structure and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise herein provided.
1.
Front. A yard extending across the front of a lot between the inner side lot lines, and being the minimum horizontal distance between the street line and the building or structure. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be required to have front yards.
2.
Rear. A yard extending across the rear of a lot between inner side lot lines, and being the minimum horizontal distance between the rear lot line and the building or structure. For purposes of determining yard requirements on corner lots and through lots, there will be no rear yards, but only front and side yards.
3.
Side. A yard extending along the side lot line between the front and rear yards, and being the minimum horizontal distance between the side lot line and the building or structure or any projection thereof.
4.
Special. A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the building inspector shall require a yard with minimum dimensions as generally required for side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.
Zero lot line dwellings means detached single-family dwelling units which are located on individually platted lots in such a manner that one of the building's sides rests directly on a lot line. The same interior property line cannot be utilized for zero side yard construction on adjacent lots.
Zoo means a facility housing and displaying live animals, reptiles, and birds.
(Ord. No. 3307, 3-25-03; Ord. No. 3437, § 1, 1-13-04; Ord. No. 4024, § 25, 2-13-07; Ord. No. 4042, § 1, 3-27-07; Ord. No. 4295, § 1, 2-10-09; Ord. No. 5356, § 3, 2-26-19; Ord. No. 5406, § 1, 8-13-19; Ord. No. 6155, § 2, 11-10-25)
- DEFINITIONS
For the purposes of this chapter, certain terms or words used herein shall be interpreted as follows:
The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
The word "shall" is mandatory; the word "may" is permissive.
The word "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied."
The word "lot" includes the words "plot" or "parcel."
Abutting means having property or district lines in common. Since zoning district lines fall to the centerline of a street, alley, or waterways, lots which appear physically separated abut at the district line.
Accessory building, structure, or use means a building, structure, or use which:
1.
Is 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;
3.
Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use;
4.
Is located on the same site as the principal building or principal use; and
5.
Is not an accessory dwelling unit as defined herein.
Accessory dwelling unit means a self-contained and independently accessed living unit on the same parcel as a single-family dwelling of greater square footage that includes its own cooking, sleeping, and sanitation facilities and complies with or is otherwise exempt from any applicable regulatory requirements pursuant to A.C.A. § 14-56-205
Active open space means an area intended for rigorous activity such as tennis, baseball, badminton, and other games requiring physical exertion.
Advertising and media agencies means a service business dedicated to creating, planning, and handling advertising (and sometimes other forms of promotion) for its clients.
Agricultural equipment and supplies (sales and service) means a use primarily engaged in the sale or rental of farm tools and implements. This definition includes the sale of large implements such as tractors and combines and accessory uses such as farm machinery repair and feed sales.
Agricultural products processing means a facility which involves the operation(s) of processing, preparing or packaging agricultural products which are not grown on the site.
Agriculture-related business means an establishment engaged in the retail sale of supplies directly related to the day-to-day activities of agricultural production, including the bulk storage of hay, feed, seed, fertilizers, and related agrichemicals.
Alley means a permanent public service way which affords only a secondary means of access to abutting property.
Alternate living arrangement means a structure in which households maintain private rooms yet share kitchen and plumbing facilities, central heat and common areas. Includes boarding homes, residential health care facilities, group home for the developmentally disabled and mentally ill, and congregate living arrangements.
Alternative tower structure means man-made trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers and are built for the express purpose of serving as a tower or for locating antennas.
Ambulance service, headquarters means a facility established to transport infirm or injured persons from one (1) place to another by means of the appropriate vehicle. This use consists of all services related to provision of ambulance service including but not limited to: Administration, operations, dispatch, communications, vehicle maintenance, eating facilities and storage and crew sleeping quarters.
Ambulance service post means a facility for the posting of crews and ambulance units only in various sections of the city. The post may consist of sleeping quarters for crew and parking of ambulances and employee vehicles.
Amusement center (indoor) means an amusement enterprise offering entertainment to the general public for a fee or charge wherein all activity takes place indoors. Such facilities include video game arcades and pool halls.
Amusement center (outdoor) means a facility offering entertainment, primarily to the general public for a fee where any portion of the activity takes place in the open. Such facilities include but are not limited to golf driving ranges, archery ranges, miniature golf courses, and the like.
Amusement/theme park means an outdoor facility, which may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, and buildings for shows and entertainment.
Animal and pet services (indoor) means an establishment that provides animal and pet care services (except veterinary), such as boarding, grooming, sitting, and training.
Animal and pet services (outdoor) means an establishment that provides animal and pet care services (except veterinary), such as outside runs, boarding or training.
Animal daycare means a facility that provides day or nighttime supervision for three (3) or more animals. Animals are kept inside the facility, except animals are permitted to be walked on a leash outside. Facilities that contain outdoor dog runs play areas, or kennels are not considered an animal daycare.
Animal, domestic or household means any animal customarily kept by humans for companionship, including but not limited to dogs, cats, birds, rabbits, hamsters, mice, and turtles.
Animal, exotic means animals that are not usually found running at large within the natural areas of the State of Arkansas; that do not meet the definition of household/domestic animals or farm animals; that are not usually considered as a food supply or animal of burden in the United States, and which close relative or parentage are usually imported from another country.
Animal, farm means any animal that customarily is raised in an agricultural, rather than urban, environment, for profit on farms and has the potential of causing a nuisance if not properly maintained, including, but not limited to chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules.
Animal, game means animals which are normally wild by nature, provide citizens with a portion of food for consumption, and are usually hunted under a permit issued by the State of Arkansas.
Animal, wild by nature means animals which normally fall within the category of scavenger or predator; may instill fear and apprehension in persons of normal sensitivity, when encountered; require extraordinary precautions to prevent escape, and will not usually voluntarily return to the domicile after escape.
Animal clinic means an establishment for the diagnosis and treatment of pets and other animals including but not limited to dogs, cats, birds, and horses. All boarding of animals takes place in an enclosed structure and is incidental to clinic or hospital use.
Animal shelter or kennel means a public or private facility including outside runs for enclosure of animals, especially stray or unlicensed pets, or for pets being boarded for short periods of time, where more than five (5) or more animals, more than four (4) months of age are kept.
Animal slaughtering and processing means a facility for the slaughtering and/or processing of animals into human food and the refining of their byproducts.
Antique shop means an establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishings and decorations which have value and significance as a result of age, design, or sentiment.
Apartment hotel means a facility offering transient lodging accommodation to the general public and where rooms or suites may include kitchen facilities and sitting rooms in addition to the bedroom. Differs from the typical hotel in that transients are likely to rent rooms or suites for longer periods.
Apartment unit means one (1) or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing three (3) or more dwelling units.
Apiculture: Beekeeping means one (1) or more hives or boxes occupied by bees (hives or boxes include colonies), but does not include honey houses, extraction house, warehouses, or appliances.
Appliance repair, large means a facility for the repair, service, and resale of televisions, refrigerators, freezers, stoves and similar items. (No outside storage)
Appliance repair, small means a shop for the repair of household and home equipment, such as electrical appliances, lawnmowers, tools, and similar items. (No outside storage)
Aquarium means an establishment where aquatic collections of living organisms are kept and exhibited.
Arena/auditorium means an enclosed facility used for large public gatherings for viewing sports events, musical programs, public speeches, or ceremonies.
Artisan shop means a retail store selling art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, that are small run or one-of-a-kind items, where the store includes an area for the crafting of the items being sold.
Artisan/craft product manufacturing means an establishment manufacturing and/or assembling small products primarily by hand but in large runs, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. This definition does not include "artisan shop" which is separately defined.
Art dealer means an establishment primarily engaged in retailing original and limited edition art works. Included are establishments primarily engaged in displaying works of art for retail sale in art galleries.
Art gallery means a building used for the exhibiting or selling of works of art such as paintings and sculptures.
Art studio means any building or place of business where artists use the premises for the creation, sale, and/or display of art or craft work.
Arts and craft shop means any business establishment that sells articles of artistic quality or effect or handmade workmanship.
Asphalt or concrete batching plant (permanent) means a facility for the storage and mixing of materials for concrete or for asphaltic surfacing, in which facilities are established on a permanent basis as a service industry.
Assisted living facility or assisted care facility means residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services such as recreation activities, financial services, and transportation. Range in size from a few rooms to more than one hundred (100). Facilities are sometimes combined with other types of housing, such as congregate apartment housing for the elderly and residential health care facilities.
Auditorium means a building, hall, or room for the gathering of an audience for speeches, concerts, etc. as in a school, library, etc. Sections of an auditorium include: Stage, lodge, proscenium, orchestra, parquet, stalls, boxes, pit, orchestra circle, dress circle, balcony, gallery, top gallery, tiers, box office, and mezzanine.
Auto (rental and leasing) means an area or structure for storing or displaying cars, trucks, trailers, RVs and recreational goods, which are offered for rent for a fee.
Auto or equipment auction means a facility for the sale of automobiles and large construction or farm equipment to the highest bidder.
Auto and vehicle dealer means a facility for display, service, and sales of used or new automobiles, motorcycles, recreation vehicles, and travel trailers, excluding heavy equipment.
Auto and vehicle dealer (indoors) means a climate controlled facility used for the display and sales of used or new automobiles, motorcycles, recreation vehicles, and travel trailers, but not including heavy equipment. All sales, service, storage, and display areas shall be indoors. Service and storage areas shall cumulatively be incidental and subordinate to the primary use of sales and display.
Auto and vehicle impoundment or holding yard (no salvage) means a parcel of land or a building that is used for the impoundment of vehicles and storage of inoperable vehicles usually awaiting insurance adjustment or transport to a repair shop and where vehicles are kept for a period not to exceed sixty (60) days.
Auto and vehicle towing (wrecker) means the operating of a truck for the towing of inoperable motor vehicles.
Auto body and paint shop means a facility which provides collision repair services, including body frame straightening, replacement of damaged parts, or painting.
Auto detailing service means a facility for the cleaning, washing, waxing, and polishing of motor vehicles including steam cleaning.
Auto glass, muffler, and seat cover shop means an automotive service establishment specializing in assembly, fitting and installation of glass, seat covers, or mufflers in automobiles as a primary activity.
Auto insurance claims office means a branch office of a major auto insurance agency in which a liability adjuster assists in damage claims and adjustments to vehicles.
Auto parts and accessory sales means a facility having auto parts, accessories, and tools for sale (no repairing).
Auto quick lube means a facility which performs routine servicing of motor vehicles, including the replacement of elements and fluids which are expected to be routinely replaced on a frequent basis (such as engine oil and other lubrication; brake, transmission and power steering fluids; and air filters) generally while customers wait.
Auto repair means a facility for motor vehicle maintenance, service, and engine repair (not including painting or body and frame work).
Auto repair or assembly (salvage parts) means a facility which performs auto body, painting and engine repair and/or which assembles operable vehicles from salvage parts and components.
Automatic teller machine (ATM) means an automated device that performs banking or financial functions (deposits, withdraws, fund transfers) at a location remote from the controlling financial institution.
Auto salvage means the dismantling or wrecking of motor vehicles or trailers, or the storage, keeping, selling, buying, or dumping of any wrecked, scrapped, ruined, dismantled, disabled, or inoperable motor vehicle or motor vehicle part.
Bail bonds office means a financial establishment proving legal assistance for a fee in posting bonds to release customers from a detention facility.
Bait and tackle shop means an establishment that provides for the retail sales of fishing supplies and general outdoor items to include live bait, tackle, camping supplies, and food items.
Bakery means an establishment primarily engaged in the retail sale of baked products for consumption off-site. The products may be prepared either on or off site.
Bakery and confectionary shop (neighborhood) means a place for preparing, cooking, baking, and selling of products on the premises.
Bank, credit union, or savings institution means a completely enclosed facility, the primary use of which is the custody, loan, exchange or issue of money, the extension of credit and the transmission of funds.
Bar lounge or tavern means an establishment, the primary activity of which is the sale and consumption on the premises of beer, wine, or other liquors, and where food service is secondary to the sale of beer, wine or other liquors. Does not include micro-breweries where patrons are served beer produced on the premises for on-site consumption, which are separately regulated.
Bed and breakfast means an overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. Differs from rooming and boarding houses in that they are truly transient accommodations, with guests rarely staying more than a few days. In addition, the owner almost always lives in the facility.
Bed and breakfast inn means a house or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises.
Bedroom means a private room planned and intended for sleeping, separated from other rooms by a door, and accessible to a bathroom without crossing another bedroom. Will have windows, closets, and is physically separate from other rooms.
Beekeeper means a person who owns or has charge of one (1) or more colonies of bees.
Beekeeping equipment means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.
Beer garden means a tavern, private club or similar establishment having outdoor dining or drinking area or music (live or recorded).
Beer, wine and liquor store means a facility for the retail sale of beer, wine, or liquor not for on premise consumption.
Bicycle sales and service means an establishment retailing new or used bicycles in combination with repair services and selling replacement parts and accessories.
Bingo parlor means any building or part thereof utilized for the playing of "bingo" for money and prizes as defined and controlled under state regulations. This shall not be construed to include the use of structures or parts thereof for the playing of "bingo" for prizes only as a function of church, charitable or other nonprofit organizations.
Boarding house means a dwelling unit or part thereof in which, for compensation, lodging and meals are provided; personal and financial services may be offered as well. Distinction between boarding houses and rooming houses, boarding houses provide meals, rooming houses provide only rooms.
From a zoning impact the number of rooms permitted should be restricted to certain zones with controls or permitted only as a conditional use. Another concern is how to assure that the houses remain safe and sanitary.
Problems may be addressed by licensing boarding and rooming houses, requiring periodic inspection, limiting the number of guests, prohibiting cooking facilities in guest rooms, requiring adequate parking, both in terms of number and location, and establishing a minimum floor area for guest rooms. In residential zones it may require the owner or operator to maintain their residence on site and personally collect rents to ensure that the structure remains principally a private dwelling unit.)
Boat or marine craft dealer means a facility for display, service, and sales of used or new boats or marine craft.
Brewery means a building or place that produces beer or a business involved in the production of beer. Breweries can take up multiple city blocks, or be a collection of equipment in a homebrewer's kitchen. The diversity of size in breweries is matched by the diversity of processes, degrees of automation, and kinds of beer produced in breweries. Typically a brewery is divided into distinct sections, with each section reserved for one (1) part of the brewing process.
Bridal shop means a facility for the retail sale and/or rental of formal wedding apparel and for accessory items such as lingerie, floral arrangements, and invitations and for studio photography and registration services.
Broadcasting studio means an establishment for over-the-air, cable or satellite delivery of radio or television programs, or studios for the audio or video recording or filming of musical performances, radio or television programs or motion pictures.
Buildable area means the space remaining for construction on a lot after the minimum area requirements (yards, setbacks, coverage) have been met.
Building. See "structure."
Building and landscape material sales means a retail establishment selling hardware, lumber and other large building materials, plant materials, and other landscaping materials. Including, but not limited to, paint, wallpaper, glass, fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales.
Building, attached means a building which shares a continuous wall, roof, floor or other structural element with another adjacent building.
Building, detached means a building having no wall, roof, floor or other structural element in common with another building.
Building, enclosed means a structure which by design and construction provides a solid roof, and walls on all sides.
Building height means the vertical distance as measured through the central access of the building from the elevation of the lowest finished floor level to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between the eaves and ridge of a gable, hip or a gambrel roof. This definition shall not be deemed to include church steeples, bell towers, antennas, chimneys, or other similar structural embellishments.
Building inspector means the person or persons employed by the city and designated to perform zoning and building related inspections and other duties as may be specified by the mayor.
Building line means a line, usually fixed parallel to a lot line, beyond which a building cannot extend under the terms of the zoning ordinance. It is equivalent to the setback or yard line.
Building, nonconforming means an existing building which fails to comply with the regulations (for height, size, areas, yards, and location) set forth in this chapter applicable to the district in which this building is located.
Building, principal means a building in which is conducted the main or principal use of the lot on which the building is situated.
Bulk petroleum storage means storage tanks and accessory buildings used for dispensing of flammable or combustible liquids or gases into smaller containers or for use in industrial processes and distributed to the process by closed-circuit piping.
Bulk storage of highly flammable materials means a facility for the storage of chemicals, gases, or liquids which are or could be caused to ignite or explode.
Bus station and terminal means a facility on a common carrier line for bus docking, freight storage, and passenger loading and unloading. This shall not be construed to include passenger shelters, which may be located on a local bus route.
Bus or truck storage or garage means a facility in which currently licensed buses or trucks are stored or repaired.
Bus, truck sales, and service means a use that sells and services buses and large trucks normally used for commercial purposes such as tandem axle and tractor trailers.
Business support services means an establishment intended for the conduct or service or administration by a commercial enterprise, or offices for the conduct of professional or business service.
Cabinet and woodwork shop means a shop for the repair or creation of cabinets, individual items of furniture, and wooden home furnishings on a custom basis. This shall not be construed as a factory, planing mill or similar woodworking plant.
Cameras, photographic supplies, and services means an establishment which retail and repair cameras, photographic equipment, film processing, and supplies. They also provide repair services and film developing.
Camps, camping and related establishments means an area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character.
Car wash (full-service) means a facility for the washing and cleaning of motor vehicles utilizing production line methods with conveyors, sprayers, blowers or other mechanical devices, and which employs hand labor.
Car wash (self-service) means a facility for washing and steam cleaning passenger automobiles (including self-service operation), operating either as a separate facility or in conjunction with another use.
Carnival or circus means a traveling or transportable group or aggregation of rides, shows, games, or concessions of any combination thereof.
Carpet and upholstery cleaning means services customers at individual home or business locations in carpet and upholstery cleaning.
Casino gaming business means an establishment engaging in the gaming business which utilizes any game played with cards, dice, equipment, or any mechanical, electromechanical, or electronic device, or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, blackjack, poker, keno, baccarat, roulette, craps, slot machine, video poker or any other gaming, percentage game or any other similar game or device.
Catering service means a facility that provides the service and the supply of food to be consumed off the premises.
Certificate of occupancy means an official certification that a premise conforms to provisions of the zoning ordinance (and building code) and may be used or occupied. Such a certificate is granted for new construction or for alteration or additions to existing structures. Unless a certificate is issued, a structure cannot be occupied.
Check cashing service means any establishment that provides to the customer an amount of money that is equal to the face value of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction, and where there is an agreement not to cash the check or execute an electronic transfer of money for a specified period of time. This term does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks, issue money orders, or money transfers for a minimum flat fee as a service that is incidental to its main purpose or business.
Chemicals, plastics, and rubber industry means industries that process and transform organic and inorganic raw materials, plastics and rubber, and form products by chemical processes.
Child and youth services (office) means establishments that offer services such as adoption, foster care, drug prevention services, and life-skills training.
Cigar, cigarette, or tobacco store means a place where cigars, cigarettes, vapors, pipe tobacco, and related items are sold at retail.
Civic building means a structure used primarily for public education, cultural performances, gatherings and displays administered by non-profit cultural, educational, governmental, and religious organizations.
Cleaner, dry cleaning, laundry (pick-up and drop-off) means a custom cleaning shop with drop-off service for the cleaning and pressing of garments.
Clinic means an establishment where patients are admitted for examination and treatment on an outpatient basis by one (1) or more physicians, dentists, or other medical personnel, psychologists, or social workers and where patients are not usually lodged overnight.
Club or lodge means a building or portion of a building used by an association for the promotion of some common objective, excepting clubs the chief activity of which is a service customarily carried on by a business.
Clothing and personal items means a facility for the custom making of apparel and millinery not involving a factory.
Clothing manufacturing means an operation involving cutting, sewing, forming and packing of garments and similar items, including millinery and clothing accessories.
Clothing store means a retail facility for selling male and/or female apparel.
Coffee roasting facility means a facility, in which unprocessed green coffee may be sorted, roasted and processed or packaged for use and consumption.
Collection agency means a business engaged in the collecting or receiving of payment for others on any account, bill, or other indebtedness.
Commercial grower means the growing of crops and plants for commercial sale to nurseries, home improvement centers, and other large volume buyers.
Commercial, industrial machinery, and equipment (rental and leasing) means a business which rents or leases heavy equipment used for construction, mining, or forestry, earthmoving equipment, well-drilling machinery and equipment, or cranes.
Commercial, industrial machinery and equipment (sales and service) means a business which sales or services heavy equipment used for construction, mining, or forestry, earthmoving equipment, well-drilling machinery and equipment, or cranes.
Commercial laundry - means an establishment for providing dry cleaning and/or laundry service to smaller shops or pick-up stations, or to industry and commercial enterprises.
Commissary means a licensed or permitted food service establishment that provides required services to a food truck. A Commissary may provide anything from a source for obtaining potable water and disposing of wastewater; storage for food and supplies; or cooking facilities to prepare the food for sale and consumption.
Common usable open space means that portion of land or an area of water or a combination of land water within the site designated for a subdivision or a planned development and designed and intended for use and enjoyment of residents and owners of the subdivision or planned development, and easily accessible to all the residents. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents and owners of the planned unit development, but shall not include parking lots, streets and other areas designed primarily for other than common recreational or open space use.
Community center means a building used for recreational, social, education, and cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency.
Community facility means a building or structure owned and operated by a governmental agency to provide a governmental service to the public.
Community food services means establishments that collect, prepare, and deliver food for the needy. They distribute clothing and bedding, run collections for food donations, and provide meals at fixed or mobile locations. Examples are food banks, meal delivery programs, and soup kitchens.
Community health and welfare clinic means a community service facility where social, recreational, welfare, health, or child care assistance is provided by a public, quasi-public, tax-exempt, or church agency.
Community recreation center means a public or private recreational facility that includes community meeting rooms, and opportunity for other indoor activities to serve a neighborhood or area of the city. These facilities are not commercial operations but are normally owned and operated by the city or a neighborhood organization.
Community recycling drop-off facility means a facility designed to be a collection point where only pre-sorted recyclable materials are dropped off and temporarily stored prior to delivery to a center for collecting recyclable materials for processing. A community recycling drop-off facility is intended for household or consumer use. This facility can be temporary and/or mobile or a permanent installation that is the principal use.
Community residential facility means a community based facility licensed by the state or sponsored by an agency or organization certified by the state that provides room and board, personal care, habilitation services, and supervision in a multiple-family environment for sixteen (16) or more handicapped persons. The community residential facility site development plan shall comply with the following conditions in addition to the standard building permit requirements:
1.
The facility shall have direct primary access to a street classified as a collector or arterial on the city's master street plan.
2.
The facility shall provide approved screening from adjacent residences.
3.
The facility's structure shall be similar in appearance to other typical single-family or multiple-family residences in the neighborhood.
4.
The facility shall include landscaping and the lot amenities (decor) shall be similar to the adjacent residential lots.
Note: The following uses including, but not limited to, nursing homes, boarding and rooming houses, rescue missions, orphanages, fraternities, sororities and halfway houses shall not be considered group homes or community residential facilities. A community residential facility for the handicapped shall not house handicapped persons whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. It shall be the responsibility of the agency operating the group home to approve all applications for residents to assure compliance with this requirement.
Computer and software shop means a facility for the sale, repair and service of computers, software, and their parts and accessories.
Condominium means 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 residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.
Conference center means a facility used for a conference and/or a seminar, with accommodations for sleeping, for preparation and eating, recreation, entertainment, resource facilities, and meeting rooms.
Consumer rental center means an establishment that rent household-type goods. Rental items include but are not limited to: home health equipment; consumer electronics equipment, such as televisions, stereos, and refrigerators; furniture; and party supplies.
Container storage means cargo packed in a large (typically eight (8) feet by eight (8) feet by twenty (20) feet) trunk-like box, and loaded, stored, and unloaded as a unit.
Contractor's office means a room or group of rooms used for conducting business affairs but may not include structures or open storage yards for supplies and operating equipment.
Contractor's shop and storage yard means a facility for general contractors, including buildings and open storage yards for supplies and operating equipment, but not constituting a junk or salvage yard.
Convenience store (with gasoline sales) means a facility associated with the sale of petroleum products that also offers for sale pre-packaged food, food items and consumer goods, primarily for self-service by the consumer.
Convent or monastery means dwelling unit of a religious order or congregation for persons under religious vows.
Convention/event center means a facility designed for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including but not limited to temporary outdoor displays, food and beverage preparation and parking garages.
Cosmetics, beauty supplies, and perfume stores means a retail establishment known as a cosmetic or perfume store or beauty supply shops primarily engaged in retailing cosmetics, perfumes, toiletries, and personal grooming products.
Country club means an area containing a clubhouse and recreation facilities restricted to the use of specific membership and which may contain a golf course, tennis court, swimming pool, dining room, social facilities and similar recreation and service facilities.
Courier and messenger services means an establishment that provides air, surface, or combined courier delivery services of parcels and messages within or between metropolitan areas or urban centers. These establishments may form a network including local, and point-to-point pick-up and delivery.
Credit and finance establishment means a public or private establishment which extends credit or lends funds.
Criminal justice facility means a facility used primarily for conducting the affairs of the criminal justice system, including federal, state, county, and municipal courts, public safety departments, and detention facilities, together with incidental storage and maintenance of necessary vehicles.
Cultural facilities means an establishment that documents the social and religious structures and intellectual and artistic manifestations that characterize a society. Includes museums; art galleries; and, botanical and zoological gardens of a natural, historic, educational, or cultural interest. While these activities may charge admission fees, the bulk of their expense are usually borne by public agencies, foundations, or donations.
Dance hall means any building, premises, pavilion, or place of business wherein dancing is permitted, conducted or engaged in by the public in general, including but not limited to private clubs as defined by ordinance and/or the laws of the State of Arkansas, either for profit or not.
Data processing facility means an establishment primarily involved in the compiling, storage, and maintenance of documents, records, and other types of information in digital form utilizing a mainframe computer. This term does not include general business offices, computer-related sales establishments, and business or personal services.
Daycare, adult means a group program designed to provide care and supervision to meet the needs of four (4) or more functionally impaired adults for periods of less than twenty-four (24) hours, but more than two (2) hours per day in a place other than the adult's own home.
Daycare, family home means a daycare facility with more than five (5) but less than sixteen (16) children, requiring licensure by the state and located within the home of the care giver.
Daycare center means all other childcare other than daycare, family home, requiring licensure by the state.
Delivery service means an establishment primarily engaged in undertaking the transportation of goods and people for compensation, and which may in turn make use of other transportation establishments in effecting delivery.
Department store, warehouse club, or superstore means a retail or wholesale development that typically requires high parking to building ratios and has a regional sales market. Regional retail/wholesale sales can include but are not limited to membership warehouse clubs that emphasize bulk sales, discount stores, and department stores.
Diagnostic laboratory testing facility means a facility offering diagnostic or pathological testing and analysis of blood, blood fluids, pathological specimens, DNA sampling and analysis, and any other diagnostic test generally recognized in the healthcare industry.
Doctor office and clinics means a building used exclusively by physicians, dentists, and similar personnel for the treatment and examination of patients solely on an outpatient basis, no overnight patients shall be kept on the premises.
Domestic violence shelter means a temporary shelter for individuals affected by domestic violence. Such use shall be operated by a public or non-profit entity and may provide temporary lodging, counseling, day care, and support services.
Dormitory means a building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, convent monastery, or other similar institutional use.
Driving range means an area equipped with distance markers, clubs, balls, and tees for practicing golf.
Drive-in restaurant or refreshment stand means any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.
Durable goods means an establishment in the durable goods subcategory sell or arrange the purchase or sale of capital or durable goods to other businesses. These establishments wholesale products, such as motor vehicles, furniture, construction materials, machinery and equipment (including household-type appliances), metals and minerals (except petroleum), sporting goods, toys and hobby goods, recyclable materials, and parts. Durable goods generally have life expectancy of at least three (3) years.
Dwelling, live/work means a dwelling unit within which an at-home business is encouraged. Businesses are limited to a maximum of two (2) employees that do not dwell in the principal or accessory dwelling unit.
Dwelling, single-family means a detached residential dwelling unit other than a manufactured or mobile home designed for and occupied by one (1) family only.
Dwelling, manufactured home. See manufactured home.
Dwelling, multi-family means a detached residential building containing more than one (1) dwelling unit, but not including row or townhouses.
Dwelling, two-family means a detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families.
Dwelling unit means one (1) room or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
Eave means the weather-protective overhanging lower edge of a roof.
Electric power plant means an establishment that provides electric power generation, transmission, control, and distribution. Establishments include facilities that convert other forms of energy into electrical energy, electric power transmission and control systems (including lines and transformer stations), and distribution systems (i.e., lines, poles, meters, and wiring).
Electrical equipment, appliance, and components manufacturing means an establishment that manufactures computers, computer peripherals, communications equipment, audio equipment, lighting equipment, batteries, motors, and other products that generate, distribute and use electrical power. Included are manufactures of components for the above products and manufacturers of small and major household appliances.
Electrical, plumbing, heat, and air conditioning means a place of business primarily engaged in selling and/or distributing electrical, plumbing and HVAC products to suppliers and contractors with limited retail to the general consumer.
Emergency and relief services means an establishment primarily engaged in providing food, shelter, clothing, medical relief, resettlement, and counseling to victims of domestic or international disasters or conflicts (wars). Emergency relief may be needed following a natural disaster such as an earthquake, fire, drought, tornado, famine, hurricane, flood, mudslide, or a man-made disaster such as hazardous material containment, nuclear or biological threats, or acts of terrorism.
Employment agency means an agency that helps find jobs for persons seeking employment or assists employers in finding persons to fill positions that are open.
Employment agency (day labor) means an agency that assist in finding jobs for normally unskilled labor on a daily basis.
Engine repair (all types) means a facility for motor vehicle repair.
Equestrian facilities means a horse, donkey, and mule facility including horse ranches, boarding stables, riding schools and academies, and horse exhibition facilities. This land use includes barns, stables, corrals, and paddocks accessory and incidental to the above uses.
Equipment rental, indoor means an establishment providing the rental of tools, lawn and garden equipment, party supplies and similar goods and equipment, including incidental maintenance and indoor storage.
Equipment rental, outdoor means an establishment providing the rental of tools, lawn and garden equipment, party supplies and similar goods and equipment with outdoor storage / rental yards. This definition does not include "construction and heavy equipment sales and rental" which is separately defined.
Equipment, rental, service stores means an establishment displaying and offering for rent equipment for domestic maintenance and improvement including cleaners, mowers, ladders, tillers, cement mixers, wheelbarrows, paint spraying equipment and similar items.
Exhibition hall means a large hall typically offering enough floor area to accommodate several thousand attendees and suitable for major trade shows.
Extended care facility means a long-term facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution.
Extermination and pest control means an establishment that exterminates and controls mosquitoes, rodents, termites, and other insects and pests.
Facilities emitting odors means any function that involves a process which emits or has the potential for emitting odor.
Facilities handling explosives means any function that involves a process dealing with a product with explosive potential.
Family means one (1) or more persons occupying a single dwelling unit, and living as a single, nonprofit housekeeping unit, provided that unless all members are related by blood or marriage, no such family shall contain over four (4) persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a separate family. In addition, a family shall be deemed to include four (4) or more persons occupying a dwelling unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition with the exception that handicapped persons whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others shall not be allowed.
Family support services means hotline centers, suicide crisis centers, or self-help organizations that provide counseling, support, and education.
Feed store means a facility for sale of grain, prepared feed and forage for pets, livestock and fowl, but not involving the grinding, mixing, or commercial compounding of such items.
Fence, opaque means a manmade barrier constructed to provide privacy and visual separation between dissimilar uses. Such fences shall be impervious to rays of visible light.
Financial institution means an establishment with the provision of financial and banking services to consumers or clients. Walk-in and drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, lending establishments and on-site automatic teller machines.
Fine art and performance education (art, drama, speech, dance, music or similar skills) means a place for the instructing, coaching or counseling of personal skills of the arts.
Firearms range means a facility designed and constructed for the practice and teaching of marksmanship with hand guns, rifles and shotguns and operated by a public agency or a quasi-public or private corporation approved by the city.
Fitness studio means a place or building where passive or active exercises and related activities are performed for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. The activities shall be conducted entirely within an enclosed building. Examples include martial arts, yoga, dance, or similar activities but do not include spectator events.
Floor, paint, wall covering, and window treatment store means a facility for the display and sales of paint, carpeting, rugs, tile, vinyl, wallpaper and/or window treatments and the equipment and supplies for the hand application and maintenance of those things.
Florist shop means a facility for the retail sales of cut or uncut flowers and ornamental plants and accessory items.
Food and beverage processing means the preparation, processing, or canning and packaging of food and beverage products. Examples of activities included are bakeries, dairies, and bottling companies.
Food distribution center means an establishment that provides for the bulk transportation and distribution of food service products to large public or private institutions such as schools or offices.
Food truck means a business that serves food or beverages from a self-contained unit, either motorized or in a trailer on wheels, and conducts all or part of its operations on premises other than its own and is readily movable, without disassembling, for transport to another location. Retail sale of non-food items not associated with the food or beverage operation is not permitted.
Food truck court means a primary land use located on one (1) or more platted lots where two (2) or more food trucks are located to offer food or beverages only for sale to the public, functioning as a single business and authorized to provide tables, play areas, a permanent structure, and other outdoor entertainment open to all customers of all vendors. This definition shall not be interpreted to include a congregation of mobile food establishment as a secondary and/or accessory use of land. Retail sale of non-food items is not permitted. Additional requirements are stipulated in article 6, section 3.18.
Foundry or metal-works facility means a facility for the melting, smelting, molding, or otherwise processing or manufacturing of metallic minerals or metal stock.
Fraternity/sorority house means a building containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for fraternity members and their guests or visitors and affiliated with an institution of higher learning.
Fund, trust, or other financial establishments means an establishment which pools fund and trust assets on behalf of their shareholders. They act as principals or brokers in buying or selling financial contracts and provide related investment services, such as portfolio management; investment advice; and trust, fiduciary, and custody services.
Funeral home or mortuary means a building used for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation.
Furniture or home furnishing (new) means a retail facility for displaying and selling new furniture, household appliances, and lawn furniture.
Furniture or home furnishing (used) means a retail facility for displaying and selling used furniture, household appliances, and lawn furniture.
Furniture repair store and upholstery shop means a facility for repairing and reupholstering furniture. The use of specialized equipment is included.
Gasoline service station means buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and where in addition the following services may be rendered and sales made, no other: Sale and servicing of spark plugs, batteries, and distributor parts; tire servicing and repair, but no recapping or regrooving; replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like; radiator cleaning and flushing; washing and polishing, and sales of automotive washing and polishing materials; greasing and lubrications; providing and repairing fuel pumps, oil pumps, and lines; minor servicing and repair of carburetors; emergency wiring repairs; adjusting and repairing brakes; minor motor adjustments not involving removal of the head or crankcase or racing the motor; sales of cold drinks, package foods, tobacco, and similar convenience goods for filling station customers, as accessory and incidental to principal operations; provision of road maps and other information material to customer; provision of restroom facilities. Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage or automobiles not in operating condition, or other work involving noise, glare, fumes, and smoke. A filling station is not a repair garage or a body shop.
Gift shop means a retail establishment where items such as art, antiques, jewelry, books, and notions are sold.
Glass sales and service means a business which provides commercial glass and glazing for building storefronts, windows, doors, curtain walls, showcases, and skylights.
Grain storage and processing means a facility for the storage or mixing or grinding of grains or other prepared foods to be used as food for pets, livestock or fowl.
Greenhouse means a building or structure, temporary or permanent, that provides a controlled environment for the placement of plants for sale, the planning and raising of plants or the display of plants for education, entertainment, or artistic endeavor.
Grocery store or supermarket means an establishment where food and associated items are kept, displayed and sold at retail.
Ground-mounted satellite television signal receiver dishes means devices, commonly parabolic in shape, mounted at a fixed point on the ground for the purpose of capturing television signals transmitted via satellite communications facilities and serving the same or similar function as the common television antenna.
Handicraft, ceramic, sculpture or similar art workshop means a facility to individually create objects such as leather goods, jewelry, oven-fired, nonmetallic mineral products or carved three (3) dimensional works of art, including sale of such items at retail, not to be construed as a factory.
Hardware store means a facility of thirty thousand (30,000) or fewer square feet gross floor area primarily engaged in the retail sale of various basic hardware items such as tools, builder's hardware, plumbing and electrical supplies, paint and glass, household appliances, lawn and garden supplies, etc.
Hardware store (neighborhood) means a retail facility consisting of a single main structure located at the edge of residential areas which exists for the purposes of selling tools, utensils, screws, nails, lawn and garden supplies and similar hardware items; with outside storage prohibited, and display areas limited to private walk areas in front of and adjacent to the main store structure.
Health care facility means a facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of physical or mental conditions. Includes: General or special hospitals; public health centers; diagnostic centers; treatment centers; rehabilitation centers; extended care facilities; long-term care facilities; residential health care facilities; and, outpatient clinics. These facilities may include laundries, cafeterias, gift shops, laboratories, and medical offices as accessory uses.
Health club means an establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms, and lockers. May also include pro shops selling a variety of sports equipment and clothing; instruction programs; aerobic classes; and weight control programs as part of the club. Usually open only to members and guests on a membership basis and not to the public at large paying a daily admission fee.
Health services means establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.
Heliport means a landing facility for rotary winged aircraft.
Historical or archaeological institution means a research repository for historic or archaeological resource inventory documents and related historic and materials.
Hobby shop means a facility for the retail sale of hobby supplies such as model kits, art equipment, and materials.
Home improvement center means a facility of more than thirty thousand (30,000) square feet gross floor area, engaged in the retail sale of various basic hardware lines, such as tools, lumbers, builder's hardware, household appliances, garden supplies, etc.
Home occupation means the accessory use of a residential dwelling for gainful employment in such a manner and under such conditions and restrictions that the business use is compatible with and does not disrupt the residential character of the neighborhood.
Homeless shelter means a facility providing temporary housing to indigent, needy, homeless, or transient persons; may also provide ancillary services such as counseling, life-skills classes, and vocational training, etc.
Homeowner's association/property owner's association recreational center means a private recreational facility and/or clubhouse designed and constructed as part of a subdivision development and intended for the specific use of members of a homeowners/property owners association.
Horse track means a circular, elliptical, rectangular, oblong, or similarly shaped endless accessory structure either enclosed or outside, used for the exercise and/or training of horses and/or driver and riders on a farm.
Hospice residential care facility means a freestanding licensed hospice facility which provides palliative and supportive medical and other health services to meet the physical, psychological, social, spiritual, and special needs of terminally ill patients and their families in a group residential setting.
Hotel means a facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities. Extended stay hotels, offer kitchen facilities, sitting rooms, and bedrooms as added amenities to attract longer term residents. These function more as apartment hotels than as traditional hotels.
House, boarding means a dwelling where meals, or lodging and meals, are provided for compensation, or where meals may be available on a commercial basis, for two (2) or more persons pursuant to previous arrangements, but which is not available to transients and with which no table board is furnished.
Indoor recreation center means a permanent structure containing facilities for recreational activities, organized games such as basketball and volleyball, exercise rooms, handball, and similar activities. May also include facilities for lectures, arts and crafts, special events, child-care centers, snack bars, pro shops, and instruction in various games.
Industrial, intensive means a facility and surrounding yard designed primarily for the preparation, production, and distribution of objectionable materials such as chemicals, explosives, etc. Further, the production of such materials may create noxious odors or gases objectionable to businesses and residences. This may include manufacturing products from raw materials. Such uses include but are not limited to:
Aerosol containers, filling of;
Animal and marine fat and oils, manufacturing or processing;
Animal bones, offal or waste; assembly, incinerator, processing or utilization;
Mineral preparation; non-metallic;
Ore reduction;
Paint, enamel, lacquer, turpentine, varnish, manufacturing;
Paper manufacturing or processing;
Arsenals;
Production of crude petroleum, natural gas natural gas liquids;
Chemicals compounding or packaging;
Recycling and reclamation;
Coal preparation;
Rendering of animals;
Creosoting or similar processing;
Rubber products; natural or synthetic manufacturing;
Explosives: Manufacture, storage warehousing or wholesaling;
Tanning of hides and skins;
Fireworks: Manufacture, storage;
Tar or tar products manufacturing or processing;
Foundry;
Warehousing or wholesaling flammable gases or liquids; storage;
Batching or mixing plant, asphaltic or Portland cement, concrete, mortar or plaster;
Railroad equipment storage or maintenance;
Railroad freight terminal;
Brick, tile, clay, or ceramic manufacture;
Scrap or waste materials handling;
Compounding of cosmetics and toiletries;
Scrap steel cutting on contract basis;
Dry cleaning and dyeing plant;
Sign painting;
Electronic equipment assembly and manufacture;
Steel products; fabrication and assembly;
Freight depot, railroad, or truck freight forwarding service;
Glass or glass products manufacturing.
Industrial, light means a facility and surrounding yard designed to provide an area for wholesaling, storage, packaging, display, distribution, and those retail uses accessory to the operations and for light manufacturing, assembling and fabrication without creating a nuisance of odor, noise, dust, vibrations, etc. Uses include but are not limited to:
Air conditioning and heating equipment manufacture;
Orthopedic or medical supplies manufacturing;
Jewelry manufacturing;
Book bindery;
Bus or truck storage or garage;
Leather goods fabrication;
Bottling works, all beverages;
Mattresses; rebuilding or renovating;
Brooms and brushes manufacturing;
Outdoor advertising plant;
Electrical equipment assembly;
Processing and manufacturing that by reason of operation is not a nuisance in respect to odor, noise, dust, vibration, etc.;
Furniture manufacturing;
Vending machine sales, rental, repair and manufacturing;
Ice plant, dry or natural;
Instrument and meter manufacturing;
Wood distribution;
Venetian blind, window shade, and awning manufacture;
Industrial cleaning plant;
Wood or lumber processing;
Monument works.
Insurance office means an establishment primarily engaged in acting as agents (i.e., brokers) in selling annuities and insurance policies.
Interior decorator service means an office or studio for the design, selection, and coordination of paint, wall coverings, fabrics, floor coverings, window treatments, furniture, and fixtures for architectural interiors.
Investigation and security services means an establishment that provides one or more of the following: Investigation and detective services; guard and patrol services; the picking up and delivering of money or valuable items with protection while in transit; the selling of security systems, such as burglar and fire alarms and locking devices, along with installation, repair, or monitoring; and remote monitoring of electronic security alarm systems.
Investment banking, securities, and brokerages means an establishment primarily engaged in underwriting, originating, and/or maintaining markets for issues of securities.
Janitorial services means an establishment that clean building interiors, interiors of transportation equipment (e.g., aircraft, rail cars, ships), or windows.
Jewelry store means a facility which retails watches, rings, bracelets, necklaces and similar items.
Laboratory, dental or medical means an establishment that provides bacteriological, biological, medical, prosthetic, x-ray pathological and similar analytical or diagnostic services to doctors or dentists. No fabricating is conducted on the premises except the custom fabrication of dentures.
Laboratory, manufacturing means an operation involving the compounding of products such as perfumes, pharmaceuticals and the development and assembly of instruments and similar items.
Laboratory, medical research means a facility for performing scientific tests, analysis, or experimental studies.
Laboratory, research means a facility for scientific laboratory research in technology-intensive fields. Examples include biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, heat transfer, and radiation research facilities.
Landscape contractor means a business principally engaged in the decorative and functional alteration, planting, and maintenance of grounds. Such a business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g., drainage facilities) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the ground.
Landscaping means landscaping shall consist predominantly of any combination of grass, ground covers, shrubs, vines, hedges, or trees. A portion of the landscaped area may include non-living durable materials common to landscaping such as rocks, stone, bark, walls, and fences. Paving shall be excluded.
Laundry and cleaning facilities (self-service) means a facility where patrons wash, dry, and/or iron clothing or fabrics in machines operated by the patrons.
Laundry, cleaner means an establishment that provides dry cleaning and/or laundry service on the premise.
Laundry, commercial/industrial means an establishment used for cleaning fabrics, textiles, wearing apparel, or articles of any sort of volatile solvents.
Laundry, cleaner (drop-off station) means an establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry-cleaning equipment or machinery on the premises.
Leather and allied products means leather and allied product manufacturers: Transform hides into leather by tanning or curing; fabricate leather into products for final consumption; and manufacture similar products from leather substitutes, such as rubber, plastics, or textiles. Rubber footwear, textile luggage, and plastic purses are some examples of products made from leather substitutes.
Library or public arts complex means an establishment for the loan or display of books or objects of art or science which is sponsored by a private, public or quasi-public agency in which the institution is open and available to the general public.
Light fabrication and assembly process means the manufacture and assembly of previously prepared materials such as food, drugs, cosmetics, cellophane, canvas, cloth, felt, fur, glass, leather, paints, paper or plastic.
Limousine service means a business that offers the public motor vehicles for carrying or transportation of passengers between airports and points within the city for a fixed charge or fee, or offering a vehicle with driver for transportation of passengers at an hourly rate.
Lithographic shop or commercial printer means an establishment involving the printing and publishing of books, magazines, newspapers, posters, and similar graphic material in volume.
Livestock auction means an establishment consisting of barns, pens and sheds for the temporary holding and sale of livestock.
Loading space, off-street means space logically and conveniently located for bulk pickups and deliveries, scaled to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
Local freight and furniture moving (no storage) means an establishment that provides local general freight trucking, usually within a metropolitan area which may cross state lines. They handle a wide variety of commodities, generally pelletized and transported in a container or van trailer. Most trips are same-day return.
Locksmith means an establishment primarily engaged in the repair and sale of locks and keys.
Lodger means a transient renter whose meals may or may not be included in the cost of his or her rent.
Lodging house means a facility in which rental sleeping accommodations are provided and in which meals also may be supplied as part of the fee.
Long-term care facility means an institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for twenty-four (24) or more consecutive hours to two (2) or more patients who are not related to the governing authority or its members by marriage, blood, or adoption.
Long distance freight and furniture moving (and storage) means a long distance freight trucking establishments that provide long-distance general freight trucking, usually between metropolitan areas which may cross North American country borders. They handle a wide variety of commodities, generally pelletized and transported in a container or van trailer. Included are establishments operating as truckload (TL) or less than truckload (LTL) carriers.
Lot means, for purposes of this chapter, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street or on an approved private street, and may consist of:
1.
A single lot of record.
2.
A portion of a lot of record.
3.
A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
4.
A parcel of land described by metes and bounds.
Lot frontage means the front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "yards" in this section.
Lot measurements.
1.
Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
2.
Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, and measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) percent of the required lot width except in the case of lots on the turning circle of culs-de-sac, where width is measured at the building line.
Lots of record means a lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described in meters and bounds, the description of which has been so recorded.
Lots, corner means a lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.
Lots, interior means a lot other than a corner lot with only one (1) frontage on a street.
Lot, through means a lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots.
Lumber yard and building materials means a facility which principal business is storing and selling cut lumber and associated accessory building materials primarily to contractors.
Machine, sheet medal, or welding shop means an establishment where lathes, presses, grinders, shapers, and other wood- and metal-working machines are used as blacksmith, tinsmith, welding, and sheet metal shops.
Mail services means a commercial business which conducts the retail sale of stationery products, provides packaging and mail services (both U.S. Postal and private service), and provides mailboxes for lease.
Maintenance Service means a base facility for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator, equipment, HVAC, instrument, plumbing, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use. When the base facilities for these services include service or storage yards they are instead classified under "contractor maintenance yard."
Mall or shopping center means a facility with five (5) or more stores for retail goods and services, which are structurally designed in an integrated fashion around or along both sides of a promenade, walkway, concourse, or courtyard. Primary individual store entrances front onto this promenade. This may include offices and satellite or unattached structures that are served by the mall road network.
Manufactured home means a factory-assembled detached dwelling unit with the following characteristics:
1.
Originally designed for full-time occupancy containing sleeping, bath, and kitchen facilities.
2.
Connection for utility systems provided on the intended site.
3.
Designed for highway transport with wheels, chassis, tongue, and other features related to transportability.
4.
Conformance with the minimum construction standards of the federal mobile home regulations of Title VI of Public Law 93-383, USC 5401.
This structural type is required to be placed upon permanent foundation supports with anchorage complying with the city's building codes. This definition shall be deemed to include modular homes that are factory assembled. This structural type is expressly prohibited in all zoning districts except SF-4 where it is a permitted use by right and A-1 district where it is allowed by conditional use permit.
Manufactured home subdivision means a parcel of land platted for subdivision according to all requirements of the comprehensive plan, designed, or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by manufactured homes.
Manufactured housing construction and safety standards code means Title VI of the 1974 Housing and Community Development Act (42 U.S.C. 5401 et sequential), as amended (previously known as the federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder (including information supplied by the home manufacturer, which has been stamped and approved by a design approval primary inspection agency, an agent of the U.S. Department of Housing and Urban Development pursuant to HUD rules), which became effective for mobile/manufactured home construction on June 15,1976.
Manufacturing, heavy means the manufacture or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process.
Manufacturing, light means the processing or fabrication of certain materials or products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties.
Manufacturing, medium means the manufacturing of products from processed or unprocessed raw materials, where the finished product is noncombustible and nonexplosive. This manufacturing may produce noise, vibrations, illumination, or particulate that is perceptible to adjacent land users, but is not offensive or obnoxious. Odors produced on-site shall not have a negative effect on other businesses or properties in the area. This use shall include any packaging of the product being manufactured on-site. Examples include but are not limited to the production of the following: Glass products made from manufactured glass; clay and pottery products; food and beverages; candy and other confectionery products; computer hardware; products made from rubber, plastic, or resin; converted paper and cardboard products; fabricated metal products made from semi-finished metals.
Marina means a use of land involved in the operation of a marina including structures and activities normally integral to the operation of a marina, such as fueling, servicing, pumping-out, chartering, launching, and dry-storage of boats and boating equipment.
Medical appliance services means a medical supplier who provides orthopedic appliances and prosthetic appliances.
Medical marijuana cultivation facility means an entity that has been licensed by the medical marijuana commission under § 8 of Amendment 98 of the Arkansas Constitution, and cultivates, prepares, manufactures, processes, packages, sells to and delivers usable marijuana to a dispensary.
Medical marijuana dispensary means an entity that has been licensed by the medical marijuana commission under § 8 of Amendment 98 of the Arkansas Constitution.
Medical services, clinic and urgent care means a facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis and accommodates more than four (4) licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. Examples of these uses include: Medical offices with four (4) or more licensed practitioners and/or medical specialties; out-patient care facilities; urgent care facilities; and, other allied health services. These facilities may also include accessory medical laboratories.
Medical services, doctor office means a facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than four (4) licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. A facility with five (5) or more licensed practitioners is instead classified under "medical services, clinic, urgent care."
Medical services, Hospital means facilities engaged primarily in providing in-patient diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, in-patient beds, and equipment and facilities to provide complete health care. Includes on-site accessory clinics and laboratories, abortion clinics as authorized in A.K.A. § 12-18-103 and § 20-9-302, accessory retail uses and emergency heliports, and on-site ambulance dispatch facilities.
Medical services, laboratory (non-research) means a facility for the testing of blood and tissue samples for medical diagnoses, and for the fabrication of dental prosthetics and eyeglasses. Does not include laboratories for medical research, which are classified under "laboratory, research."
Medical services, substance abuse, or mental health treatment clinic means a facility where the primary activity is the treatment and care of persons suffering from mental or emotional disorders or substance abuse.
Mental health hospital means a health station, retreat, or an institution for the recuperation and treatment of persons suffering from physical or mental disorders.
Microbrewery/microdistillery/microwinery means an establishment for the manufacture, blending, fermentation, processing and packaging of no more than fifteen thousand (15,000) barrels of alcoholic beverages per year. It may serve alcoholic beverages for sampling on the premises and may also have wholesale and resale for sales of alcoholic beverages produced on the premises.
Miniature golf course means a theme-oriented recreational facility, typically comprised of nine (9) or eighteen (18) putting greens, each with a "cup" or "hole," where patrons in groups of one (1) to four (4) pay a fee to move in consecutive order from the first hole to the last.
Mining means a tract of land where various minerals, ore, etc. are extracted from the earth. May also include a distribution area for truck/rail loading of ore and materials. Uses include but are not limited to: Exploration for minerals; mining of coal, metal ores and non-metallic minerals other than fuels; extraction of sand, gravel, clay, quarrying of rock; and removal of topsoil for sale purposes.
Ministorage units means a structure or structures containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time.
Mixed-use building means a single building containing both residential uses and non-residential uses.
Mobile home means a factory-assembled detached dwelling unit with the following characteristics:
1.
Designed for full-time occupancy and containing sleeping, bath, and kitchen facilities.
2.
Connection for utility systems provided on the intended site.
3.
Designed for highway transport with wheels, chassis, tongue, and other features related to transportability.
This unit type is required to be placed on foundation supports with anchorage complying with the city's building codes. This unit type is also recognized as having been constructed prior to the adoption of the National Manufactured Home Construction and Safety Standards on June 15, 1976. This structure type is expressly prohibited whether for permanent or temporary occupancy in all zoning districts except MHP, Mobile Home Park District.
Mobile home park means any plot of ground on which there are located or intended to be located two (2) or more manufactured or trailer homes to be occupied for dwelling or sleeping purposes.
Motel means an establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.
Monument manufacturing means a manufacturing process which involves the fabrication, carving/lettering, and etching of monument signs or memorials.
Monument sales means an establishment that sells upright monuments, statues, lawn decorations, gravestone plaques or mausoleum containers, monument signs, benches, and birdbaths to be used in cemeteries as memorials for the deceased, as monument signs to identify businesses or subdivisions, or for residential use in lawn of gardens.
Motion pictures and sound recording studios means an establishment that produces and distributes motion pictures and sound recordings.
Motor freight terminals means a facility for freight loading and freight storage.
Motor vehicle repair and body shop means property, building or portion thereof used for the service and repair of motor vehicles including major mechanical repair and body work, straightening of body parts, painting, welding, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in gasoline service stations.
Movie theater (indoor) means a building including a stage or screen for the projection of motion pictures to the public.
Moving and storage means a facility for warehousing, transferring, or keeping of goods.
Moving company means a company that moves the possessions of a family or business from one (1) site to another.
Multistoried parking structure means a parking structure which is designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This definition includes parking garages and deck parking.
Museum means a building having public significance by reason of its architecture or former use or occupancy or a building serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods to the public as gifts or for their own use.
Neighborhood store means a commercial establishment primarily engaged in the provision of frequently or recurrently needed goods for household supplies and hardware. Neighborhood stores shall not include fuel pumps or the selling of fuel for motor vehicles.
Newspaper printing plant means a commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including but not limited to offset printing, lithography, web offset, flexographic, and screen process printing.
Nonconforming building or structure means any building or structure lawfully existing on the effective date of this chapter, as amended, which does not comply with all of the regulations of this chapter for governing parking, or bulk and area requirements for the zoning district in which such building or structure is located; provided, however, any building containing more than one (1) dwelling unit in addition to the number permitted by the district regulations in the district where it is located shall be deemed to be a nonconforming use rather than a nonconforming building.
Nonconforming use means any use lawfully being made of any land, building, or structure, on the effective date of this chapter, as amended, which does not comply with all the regulations of this chapter governing use for the zoning district in which such land, building, or structure is located.
Nonconforming. See article 8.
Nondurable goods means an establishment that sells or arranges the purchase or sale of nondurable goods to other businesses. These establishments wholesale products, such as paper products, chemicals, drugs, textiles, apparel, footwear, groceries, farm products, petroleum products, alcoholic beverages, books, magazines, newspapers, flowers, and tobacco products. Nondurable goods generally have a life expectancy of less than three (3) years.
Nonmetallic manufacturing and mining means an establishment that transforms, mines, dredges and quarries nonmetallic minerals, such as sand, gravel, stone, clay, and refractory materials. Included are establishments that manufacture bricks, concrete blocks, refractory glass, cement, concrete, lime, gypsum, abrasives, cut stone, and mineral wool.
Office and administrative services means an establishment that provides day-to-day office administrative services, such as financial planning, billing, record keeping, personnel employment, and logistics; holds securities ( or other equity interests) of companies in order to own a controlling interest or influence management decisions; oversee and administer the establishments of a company often by providing strategic or organizational planning.
Office, corporate means an establishment primarily engaged in providing internal office administration services as opposed to customer service in a single building or a campus setting; for example, the headquarters, regional offices or the administrative offices for a corporation. Generally the majority of the traffic generated from corporate offices comes from employees and not the general public.
Office, general means a place for the regular transaction of business but not to include retail sales, transfer of manufactured goods or storage of commodities.
Office supply store means an establishment or places of business engaged in the sale, rental, or repair of office equipment, supplies, and materials.
Office, small scale means an office facility with a gross floor area of four thousand (4,000) square feet or less, characterized by low employee densities and occupied by a business engaged in information processing, providing professional services, or engaged in the production of intellectual property. This definition does not include "medical services, doctor office" which is separately defined.
Office, large scale means an office facility with a gross floor area of more than four thousand (4,000) square feet, characterized by high employee densities and occupied by a business engaged in information processing, providing professional services, or engaged in the production of intellectual property. This definition does not include "medical services, doctor office" which is separately defined.
Office-warehouse means a facility combining office and warehouse functions in a single structure, characterized by occasional truck deliveries and that does not create a nuisance such as dust, noise, or odors. Any warehouse activity with heavy trucking activities or nuisances shall be considered under the term "warehousing or wholesaling."
Off-site means a circumstance whereby a tract of land is physically separated from another by the intervention of a public street, alley, or an unrelated ownership.
Optical shop means a facility for a dealer in optical items for correcting vision.
Outdoor advertising business means provisions of outdoor displays or display space on a lease or rental basis only.
Outdoor music establishment means any business or establishment that has a garden, patio, rooftop or premises not wholly enclosed by solid walls and fully roofed in which amplified or loud music is played that could be audible at nearby residences or businesses.
Outdoor temporary sale means open sales lots established for temporary periods of sale of seasonal commodities. Sales outdoor, temporary, shall be subject to a permit issued by the director for a specific period of time, not to exceed one hundred twenty (120) days.
Packaging and distribution center means a use where goods are received and/or stored for delivery to the consumer at remote locations.
Paper and printing materials means an establishment that manufactures paper and offer printing-related products. Paper manufacturers make pulp, paper, or converted paper products (e.g. paper bags). Printing establishments print products (e.g. newspapers, books, periodicals, and greeting cards) and perform support activities, such as bookbinding, plate making services, and data imaging.
Parking means the act of or a state wherein motion has completely ceased. The vehicle involved, whether trailer or self-propelled, has been disconnected from it power source or the engine has been turned off; the driver or operator has left the vehicle unattended.
Parking garage means an area or structure devoted to the parking or storage of motor vehicles.
Parking lot means use of a plot of ground or parcel of real estate for the parking of vehicles used by customers and employees of that business.
Parking lot, commercial means an area devoted to the parking or storage of motor vehicles for a fee.
Parking lot, off site means parking spaces which are not located on the same lot or tract occupied by the main use, but which are within three hundred (300) feet of such lot or tract.
Parking space, off-street means, for the purpose of this chapter, an off-street parking space shall consist of a nine (9) feet by nineteen (19) feet space located off the street right-of-way adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for all nonresidential use, and for multi-family residential uses with five (5) or more required parking spaces, shall be so designed, maintained and regulated that no maneuvering incidental to parking or unparking shall be on any public street or street right-of-way, walk or alley, and so that any automobile may be parked and unparked without moving another.
Pawn shop means a facility for loaning money on the security of personal property; unclaimed property may be sold on the premises.
Pawn shop (no outside storage) means a facility for loaning money on the security of personal property; unclaimed property may be sold on the premises; however, outside display or storage of unclaimed property or other inventory is expressly prohibited.
Performance theater (indoor or outdoor) means a facility that includes a stage for presenting live theatrical performances to the public.
Petroleum product means a product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel or lubricant in a motor vehicle or aircraft. "Petroleum product" includes but is not limited to motor oil, motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, No. 1 diesel, and No. 2 diesel.
Pet cemetery means a parcel of land, buildings, and/or structures used for the interring of animal remains.
Pet shop means a facility for the display and sale of small animals, dogs, cats, fish and birds without involving commercial boarding or treating of any animal, fish or bird.
Pet supply store means a facility which retail pets, pet foods, and other pet supplies.
Petroleum distribution facility means a facility for the storage of fuels or other volatile products and for their distribution to retail sales facilities or other bulk purchasers, regardless of ownership.
Pharmacy or drug store means a facility for preparing, preserving, compounding and dispensing of drugs and medicines.
Photocopy shop means a facility for the reproduction and copying of printed material or drawings. This does not include sign shops, printing establishments, or similar large-scale operations.
Photography studio means a facility for taking and processing photographs, not a bulk processing plant.
Pistol Range (indoor) means an indoor facility designed and constructed for the practice and teaching of marksmanship with handguns.
Plan means a fully dimensioned drawing which illustrates in detail all elements of a development proposal including, but not limited to, property lines, streets, easements, structural elements and landscaping. A plan is prepared by a registered land surveyor, architect, or engineer, appropriately certified.
Plan, final means a fully dimensioned drawing which illustrates in detail all elements of a development proposal including, but not limited to, property lines, streets, easements, structural elements, landscaping. A final plan is prepared by a registered land surveyor, architect, or engineer. A final plan further contains proper certification for accuracy and deletes natural land features. Natural land features and elements illustrated on a preliminary plat are replaced in the final plan by structural elements such as walls, ditches, and other drainage facilities intended to alter land forms.
Plan, preliminary means a fully dimensioned drawing which illustrates in detail all elements of a development proposal including, but not limited to, property lines, streets, easements, structural elements and landscaping. A preliminary plan is prepared by a registered land surveyor, architect, or engineer. A preliminary plan further includes all development phase lines providing construction stages, topography, drainage, and other natural land features.
Plat means an engineering drawing which provides for all data related to a development of land and certified as to accuracy by a land surveyor or engineer.
Plat, final means an engineering drawing which provides for all data related to development of land certified as to accuracy by a land surveyor or civil engineer illustrating details necessary, conveying ownership, dedication, etc. However, no information as to physical features or use is reflected. A final plat is prepared in a form suitable for recording.
Plat, preliminary means an engineering drawing which provides for all data related to a development of land certified as to accuracy by a land surveyor or civil engineer, illustrating the details as necessary to establish a development format with physical land features and usage.
Pool hall means a principal use billiard facility open to the general public, and which could sell and serve beverages and/or drinks on the premises.
Portable storage units means transportable units designed and used primarily for temporary storage of building materials, household goods, personal items and other materials for use on a limited basis.
Principal dwelling unit means a dwelling unit that is the primary and larger of two (2) dwelling units located on a single lot.
Print shop means a facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses.
Printing (commercial/industrial) means a commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including but not limited to offset printing, lithography, web offset, flexographic and screen process printing.
Private club means a facility where food, beverage, entertainment, and meeting space is provided to specific membership only.
Private passenger vehicle means a vehicle which has current safety inspection and license plate, the primary purpose being to provide transportation for fewer than nine (9) people, a secondary purpose being to provide transport for small personal items, such as luggage, groceries, clothing, etc. This definition shall include all recreational vehicles, ATV's race cars, hobby vehicles, and vehicles authorized for use in association with a home occupation.
Professional services means a business, primarily conducted in an office, which offers any service to the public by a licensed professional such as physicians, massage, occupational, or physical therapists, counselors, architects, engineers, lawyers, accountants, etc.
Property management services means a business establishment that manages real property for others.
Public shop or yard of local, state or federal agency means a facility such as office buildings, maintenance yards and shops required by branches of local, state or federal agencies for service to an area, such as highway department yard, city service center, experiment station, municipal or county jail or courts.
Rail transportation means the occupation and use of land, buildings, and structures for purposes directly connected with rail transportation of articles, goods, and passengers, including such facilities as tracks, sidings, signal devices and structures, shops and yards for maintenance and storage of rail machinery, loading platforms, and passenger and freight terminals.
Recreational facilities means a place designed and equipped for the conduct of sports and leisure-time activities.
Recreational facility, commercial is operated as a business and open to the public for a fee.
Recreational facility, personal is provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.
Recreational facility, private is operated by a nonprofit organization and open only to bona fide members and guests of such nonprofit organization.
Recreational structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground that has a primary use that is recreational in nature. Among other things, recreation structures include tennis courts, basketball courts, swimming pools, and jogging trails.
Recreational vehicle means a vehicular portable structure designed to be used as a temporary dwelling for travel, recreational and vacation uses and which can operate independent of connections to sewer, water and electric systems.
Recreational vehicle, dependent means a vehicular portable structure which is dependent upon a service building for toilet and lavatory facilities.
Recreational vehicle park means any lot of land upon which two (2) or more recreational vehicle or tent sites are located, established or maintained for temporary occupancy by recreational vehicles of the general public. Recreational vehicles are used as temporary living quarters for recreation or vacation purposes.
Rectory means a residential building designated by a church to be used by the clergy of that church. A rectory is often located on or adjacent to the primary church property but such location is not required. The rectory may include such facilities as counseling rooms and private meeting rooms as well as general residential facilities but these uses are secondary to the primary use as a residential structure.
Religious facilities means a place of worship and religious training and including accessory housing facilities such as a parsonage or rectory. A place where persons regularly assemble for religious worship which is used only for such purpose and those accessory activities as are customarily associated therewith. Uses include, but are not limited to church, synagogue or temple, including Sunday school facilities; parish house, parsonage or rectory; convent or monastery or novitiate; religious retreat facility; and, child care or mother's day out.
Religious institution means a building used for public worship by a congregation, excluding buildings used exclusively for residential, educational, recreational, or other uses not normally associated with worship. Includes churches, chapels, cathedrals, mosques, synagogues, temples, and similar designations.
Repair services, equipment, and large appliances means a service facility where various types of electrical, electronic, and mechanical equipment and home and business appliances are repaired and/or maintained away from the site of the equipment owner. Does not include vehicle repair or maintenance, which is included under "automobile repair", the repair of small home appliances and electronic equipment, which is included under "repair service - household", maintenance and repair activities that occur on the client's site, which are included under "maintenance service" or repair services provided on the site of a retail use that sells the products for which repair services are offered, where the repair services are incidental to the on-site sales.
Repair services, household means an establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding "automobile repair" and "repair services, equipment, large appliances, etc." which are separately defined. Typical uses include home electronics and small appliance repair; shoe repair; watch or jewelry repair; upholstery services, or repair of musical instruments.
Research and development services means a service that engages in research, or research and development, of innovative ideas in technology-intensive fields.
Residential care facility means a facility licensed by the state department of human services that provides room and board, personal care, habilitation services and supervision for not more than eight (8) developmentally disabled (as defined by the "Location Act for Community Homes for Developmentally Disabled Persons"), and located in a single family residence.
Residential facility, assisted living means a residential facility consisting of individual dwelling units used or designed to be used by older persons, persons with disabilities or other persons needing or desiring non-medical assistance with day-to-day living matters. This definition does not include "residential facility - rehabilitation" which is separately defined. Typical uses include retirement communities in which housekeeping services, common dining facilities and recreational and social activities are offered to residents.
Residential facility, extended medical care means a residential facility providing nursing and medical care as a primary use with in-patient beds.
Residential facility, rehabilitation means a residential facility, either single dwelling or multi-unit facilities, licensed and supervised by a federal, state, or county health or welfare agency that provides 24-hour nonmedical care of more than eight (8) unrelated persons rehabilitating from alcohol or drug abuse.
Residential facility, temporary shelter means a residential facility providing temporary shelter for a person physically or mentally abused by family or for displaced persons and/or families. Such place may or may not provide on-site meals but furnishes a safe haven for people.
Retail means the sale of commodities or goods in small quantities to ultimate consumers.
Retail, large scale means a retail store with a gross floor area of more than four thousand (4,000) square feet for the sale of general merchandise or food. Typical general merchandise includes clothing and other apparel, equipment for hobbies and sports, gifts, flowers and household plants, dry goods, toys, furniture, antiques, books and stationery, pets, auto parts and accessories, and similar consumer goods. The term "food store" includes a grocery, delicatessen, and convenience and specialty foods stores. This use does not include other uses in this article that are specifically listed.
Retail, small scale means a retail store with a gross floor area of four thousand (4,000) square feet or less for the sale of general merchandise or food. Typical general merchandise includes clothing and other apparel, equipment for hobbies and sports, gifts, flowers and household plants, dry goods, toys, furniture, antiques, books and stationery, pets, auto parts and accessories, and similar consumer goods. The term "food store" includes a grocery, delicatessen, and convenience and specialty foods stores. This use does not include other uses in this article that are specifically listed.
Rooming unit means any habitable room or group of rooms forming a single habitable unit, used or intended to be used for living and sleeping but not for cooking or eating.
Salon/spa services means an establishment that provides health and beauty treatments for customers such as massage aroma therapy, exercise facilities, steam/sauna facilities, and hair salons.
Salvage yard means any establishment maintained, used or operated for the storing, keeping, dismantling, salvaging, buying or selling of: Scraps or discarded pieces of metal, paper, cloth, tires, building materials, glass and other materials; inoperable, wrecked, scrapped, ruined or discarded automobiles, automobile parts, machinery or appliances.
Sand, gravel, stone or earth sale and storage facility means a facility for storing and marketing sand, gravel, stone and earth.
Satellite television signal receiving dishes. See ground-mounted satellite television signal receiving dishes.
Sawmill means a facility having power driven machinery for the purpose of sawing logs and including accessory facilities for the drying and storage of wood materials or by-products.
School, public, private, or denominational means an education institution operated under the auspices of the Springdale School Board, or an educational institution operated by private or religious agencies which provide elementary or secondary education comparable to that which is offered by the public schools.
School, business professional means a business organized to operate for a profit and offering instruction and training in a service or art such as secretarial school, Barber College, beauty school or commercial art school, but not including trade schools.
School, public or private means a school under the sponsorship of a public or religious agency having a curriculum generally equivalent to a public elementary or secondary school, but not including trade or commercial schools.
School, trade, or technical means a business organized to operate for a profit and offering instruction and training in a trade such as welding, electrical, plumbing, truck driving, machinery operation and similar trades.
Screening means the use of natural or manmade topography, berms, fences, walls, trees, shrubs, ground cover or any combination thereof which partially or completely blocks the view of one (1) area from another.
Screening, opaque means a manmade device on or a natural feature of a property which restricts access or visibility, the purpose of which is to provide privacy, separation of use and lessen the impact of automobile lights on an adjacent use. Such screening shall be opaque in nature and disallow the passage of visible light frequencies.
Seasonal Use means a specific type of temporary use that reoccurs each year for a definite period of time and which occupies the same location and configuration.
Senior citizens center means a community facility for the organization and provision of a broad spectrum of services, which shall include provision of health (including mental health), social, nutritional, and educational services, and the provision of facilities for recreational activities for older individuals.
Setback line means a line generally parallel to the front, side or rear lot line indicating the limit beyond which buildings or structures, including porches, attached garages, attached carports, balconies, stairways, eaves and overhangs, may not extend except as otherwise provided in ordinances. The location of the setback line shall be determined by the yard requirements or setback line requirements of the zoning district in which the lot is located.
Sewing machine store (sales and service) means a business establishment engaged in the business of selling and repairing sewing machines.
Shoe repair shop means a facility for repair or reconditioning of footgear, handbags and other leather articles such as shoes, boots, sandals, wallets, purses and other similar products.
Sidewalk café means an outdoor dining area, not enclosed by a fence or other visual barriers in excess of thirty-six (36) inches in height, placed on a public right-of-way and contains removable tables, chairs, planters or other appurtenances and is abutting/contiguous to a restaurant that performs food preparation, sanitation, and related services for the sidewalk café.
Sidewalk sales (outdoor vendors) means a special temporary sale, not exceeding three (3) consecutive days, to the public of any goods, wares or merchandise or services by any retail or wholesale business, which sale is conducted on private property of the business selling the merchandise or the public sidewalk immediately adjacent to the retail or wholesale business selling the merchandise.
Single room occupancy (SRO) means a housing type consisting of one (1) room, often with cooking facilities and with private or shared bathroom facilities. Closest models are hotels and apartment building, composed entirely of studio apartments. Have the potential to meet some of the need for lower cost housing without the use of subsidies. Most appropriate locations are areas where low-cost retail and service establishments are in walking distance, have access to mass transit lines so that travel to employment, services, and family is possible.
Skating rink means an establishment that provides facilities for participant skating.
Slaughterhouse means a facility for the slaughtering of animals; processing and refining of their byproducts; and prepared for distribution; activities may include packing, treating, storage or sale of the product on the premises.
Small engine repair means an establishment that provides maintenance and repair of low-power internal combustion engines. Equipment repaired includes but not limited to chain saws, string trimmers, leaf blowers, snow blowers, lawn mowers, wood chippers, and go-karts.
Social assistance, welfare, and charitable services means an establishment that provides social assistance services directly to individuals. They do not offer residential or accommodation services.
Specialty Food Market means an establishment primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages and limited household supplies and hardware. These shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores.
Specialty manufacturing means a specialty manufacturers with or without a retail front or other special manufacturers with minimal impacts to adjoining properties, including noise, traffic, lighting, odors, and hours of operation. Products are primarily assembled by hand. The uses are limited by size to a maximum of four thousand (4,000) square feet of gross floor area and shall be operated only within a fully enclosed structure.
Sporting goods stores means an establishment primarily engaged in the retailing of new sporting goods, including bicycles and bicycle parts, camping equipment, fishing and hunting equipment, exercise and fitness equipment, athletic uniforms, athletic apparel for men, women and children, specialty sports footwear and other sporting goods, equipment and accessories.
Sports complex or athletic field means a large open or enclosed space used for games or major events which may be surrounded by tiers of seats for spectators.
Stable, private means a private accessory building for quartering horses.
Stockyard means a service involving the temporary keeping of livestock for slaughter, market, or shipping.
Street line means the right-of-way line of a street.
Structure or building means structure designed for habitation, shelter, storage, trade, manufacture, religion, business, education, and the like. A structure or edifice inclosing a space within its walls, and usually, but not necessarily, covered with a roof.
Studio of the arts, private means a working place for one engaged in artistic painting, sculpture, or other individual artistic endeavor.
Substance abuse treatment facility means a facility for the purposes of temporary or long-term inpatient treatment of victims of alcohol or drug use or addiction.
Swimming pool means water related recreational facility designed and intended for access by the public. Pools that are part of a country club, health club, hotels and motels or similar uses are accessory to the principal use.
Swimming pool sales and supplies store (without storage yard) means a facility for display and retail sales of swimming pools, related supplies and service.
Swimming pools, public means any swimming pool other than a private swimming pool, including publicly and privately owned pools open to the general public and pools owned and operated in conjunction with membership organizations, motels, hotels, and other similar uses.
Tailor shop means a shop to alter, repair, fabricate, or fashion garments.
Tanning salons means any business that uses artificial lighting systems to produce a tan on an individual's body.
Tanning, slaughtering, rendering of animals or fowl plants means a facility in which the tanning, rendering, slaughtering, or butchering of animals is conducted. This use must be completely enclosed, except for live animal holding pens which shall meet all setback requirements.
Tattoo/body piercing parlor means an establishment whose principal business activity, either in terms of operations or as held out to the public, is the practice of one (1) or more of the following: Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; and/or creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
Taxi service means a facility licensed for operation under regulations established by the city to transport persons from one (1) place to another by means of the appropriate vehicle. This use consists of all services related to provision of a taxi service including but not limited to: Administration, operations, dispatch, communications, and vehicle maintenance.
Taxidermy shop means a facility for preparing, stuffing, and mounting the skins of animals, birds, or fish.
Telecommunications and broadcasting studio means a facility for broadcasting live or prerecorded programs by radio or television or recording of records, tapes, videotapes or other recording media. Such facility may perform activities necessary for recording, programming and receiving of radio and television signals. Such facility shall not engage in mass production.
Telemarketer/call center means a central office place where agents or operators man banks of telephones to either make outgoing, or field incoming, telephone calls for a large company or organization.
Textiles means an establishment that transforms natural or synthetic fiber into products (such as yarn or fabric) to be further manufactured into textile products.
Thrift store means an establishment primarily engaged in the sale of used clothing and/or household goods. This classification does not include antique shops.
Tire sales means a facility where the principal business is the sale or installation of new, used, or retreaded tires and tubes.
Tobacco retailers means a retailer whose business exclusively or primarily involves the sale of tobacco products and related goods.
Tower or communications tower(wireless telecommunications facilities) means any structure that is designed and constructed for the primary purpose of supporting one (1) or more antennas, including lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. This term is not intended to describe buildings or other structures that have been constructed primarily for a purpose other than supporting one (1) or more antennas, despite the fact that such structure may currently, or in the future, actually support one (1) or more antennas.
Towing impound yard means a facility operated for the temporary storage of towed motor vehicles that are to be claimed by their title holders or agents, or transported to a repair shop.
Towing service means an establishment that provides for the removal of a motor vehicle by towing, carrying, hauling or pushing from public or private property when such vehicle has been ordered to be impounded to a public or private impound yard. This shall not include a "motor vehicle repair and body shop" use that has a tow truck and services vehicles on-site.
Townhouses means attached single-family dwelling units which can be either single-story or multi-story in height; which are physically attached one to another by common or adjoining walls on not more than two (2) sides; which have individual heating, air-conditioning, electrical and plumbing systems; which are located on individually platted lots; which are or may be individually owned, or may be rented.
Toy store means an establishment that sells games (including electronic), toys, dolls, and musical instruments.
Trade show means an exhibition organized so that companies in a specific industry can showcase and demonstrate their latest products, service, study activities or rivals and examine recent trends and opportunities. These events may be open to the public, or may be set up to be attended by company representatives (members of the trade) and members of the press only.
Travel arrangement and reservation services means an establishment that promotes or sells travel, tour, or accommodation services, such as providing maps and information, locating convention sites, arranging reservations, organizing group tours, etc.
Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight (8) feet.
Truck or tractor sales and service facility means a facility for the sale and repair of trucks, tractors, or similar motorized vehicles.
Truck stop/ travel plaza means an establishment engaged primarily in the fueling, or parking of tractor trucks, semi-trucks, or similar heavy commercial vehicles, including the sale of accessories and equipment for such vehicles. A truck stop may also include overnight accommodations, showers, or restaurant facilities primarily for use of truck crews.
Use, principal means the main or primary purpose, for which land or a structure or use thereon is designed, arranged or intended, or for which it may be occupied or maintained under this chapter.
Utility shop, storage yard, or building means a building and/or land used by a utility for the storage of poles, pipes, equipment, and materials for maintenance and administration of the utility services.
Utility substation means a station which is subsidiary to a central station and at which a utility from the central station is converted or passed on to another area.
Variance means a relaxation of the terms of the zoning ordinance as pertains to height, area, and size of a structure or size of yards and open spaces as provided in article 11.
Vehicle storage yard means the keeping outside of one (1) or more motor vehicles (except inoperable vehicles), boats, trailers, or unoccupied recreational vehicles for more than seventy-two (72) consecutive hours. The term "vehicle storage yard" does not include auto impoundment/salvage yard.
Vending means a service for the maintaining and supplying of vending machines for candy and other small foodstuffs, novelties, pamphlets and cigarettes but not including beverages.
Veterinary clinics (no outdoor kennels) means a facility with licensed practitioners of veterinary medicine, dentistry, or surgery for animals; also included are businesses that provide testing services for licensed veterinary practitioners.
Veterinary clinic (with outdoor kennels) means a facility with licensed practitioners of veterinary medicine, dentistry, or surgery for animals; also included are businesses that provide testing services for licensed veterinary practitioners. In addition to indoor clinics, also provides outside pens or kennels for larger animals.
Video, music, and software (rental and leasing) means an establishment primarily engaged in the retail rental or lease of video tapes, films, CD-ROMS, laser discs, electronic games, cassettes, or other electronic media. Sales of film, video tapes, laser discs, CD-ROMS, and electronic merchandise associated with VCRs, video cameras, and electronic games are permitted accessory uses.
Vocational rehabilitation means an establishment that provides job counseling, job training, and other vocational services.
Warehouse means a facility engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive. Chapter 130 SPECS
Wedding chapel means a facility which is made available to be rented principally for wedding ceremonies and may include a chapel, dressing rooms, offices, reception facilities, and gardens.
Weight loss centers/diet or nutrition center means a facility designed to assist persons in weight control through a combination of diet and exercise. Centers offer a combination of counseling, nutrition, and exercise measures.
Wind energy system, small means a wind energy conversion system used primarily to generate power for onsite consumption, one hundred (100) kW or less, consisting of a wind turbine, tower, base and associated control or conversion electronics.
Wind energy system, large means a wind energy conversion system used primarily to generate power for offsite consumption, more than one hundred (100) kW, consisting of one (1) or more wind turbines and associated accessory facilities.
Wood products manufacturing plant means a facility which cuts, trims, planes or otherwise finishes wood products on an industrial scale.
Yard means an open space between a building or structure and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise herein provided.
1.
Front. A yard extending across the front of a lot between the inner side lot lines, and being the minimum horizontal distance between the street line and the building or structure. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be required to have front yards.
2.
Rear. A yard extending across the rear of a lot between inner side lot lines, and being the minimum horizontal distance between the rear lot line and the building or structure. For purposes of determining yard requirements on corner lots and through lots, there will be no rear yards, but only front and side yards.
3.
Side. A yard extending along the side lot line between the front and rear yards, and being the minimum horizontal distance between the side lot line and the building or structure or any projection thereof.
4.
Special. A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the building inspector shall require a yard with minimum dimensions as generally required for side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.
Zero lot line dwellings means detached single-family dwelling units which are located on individually platted lots in such a manner that one of the building's sides rests directly on a lot line. The same interior property line cannot be utilized for zero side yard construction on adjacent lots.
Zoo means a facility housing and displaying live animals, reptiles, and birds.
(Ord. No. 3307, 3-25-03; Ord. No. 3437, § 1, 1-13-04; Ord. No. 4024, § 25, 2-13-07; Ord. No. 4042, § 1, 3-27-07; Ord. No. 4295, § 1, 2-10-09; Ord. No. 5356, § 3, 2-26-19; Ord. No. 5406, § 1, 8-13-19; Ord. No. 6155, § 2, 11-10-25)