Tontitown City Zoning Code
PREAMBLE
§ 153.001 TITLE.
This chapter shall constitute the zoning regulations of the city. It may be cited as the "zoning ordinance" or the "zoning code," and consists of the text, which follows, as well the zoning district boundary map, entitled "Official Zoning Map of the City of Tontitown, Arkansas," which is on file in the Office of the Clerk-Treasurer.
(Ord. 2017-05-635, passed 5-2-17)
§ 153.002 AUTHORITY.
(A) These regulations are adopted pursuant to authority granted by the Arkansas General Assembly in Title 14, Chapter 56, Subchapter 4 of the Arkansas Code of 1987 Annotated (ACA), as amended.
(B) All membership in the various boards and commissions having authority hereunder, acting prior to the effective date of this article, shall remain in office and serve the remainder of their respective terms.
(Ord. 2017-05-635, passed 5-2-17)
§ 153.003 PURPOSE.
The zoning regulations set forth herein are enacted to aid in the implementation of the land use portion of the City of Tontitown 2006 Comprehensive Land Use Plan, and to promote, in accordance with present and future needs, the safety, order, convenience, prosperity, and general welfare of the citizens of Tontitown. The regulations are intended to provide for orderly growth and development; for protection of the character and stability of residential, commercial, industrial, recreational, and environmentally sensitive areas of the city; for protection of property from blight and undue depreciation; for efficiency and economy in the process of development for the appropriate and best use of land; for the use and occupancy of buildings; for healthful and convenient distribution of population; for good civic design and arrangement; and for adequate public utilities and facilities.
(Ord. 2017-05-635, passed 5-2-17)
§ 153.004 JURISDICTION.
The provisions of these regulations shall apply to all land, buildings and structures within the corporate limits of the city as they now, or may hereafter exist.
(Ord. 2017-05-635, passed 5-2-17)
§ 153.005 NATURE AND APPLICATION.
(A) For the purposes stated above, the city has been divided into zoning districts in which the regulations contained herein will govern lot coverage; the height, area, bulk, location, and size of buildings; open space; and the uses of land, buildings, and structures. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, order, convenience, prosperity, and general welfare. Whenever these requirements are at variance with the requirements of any other lawfully adopted rules or regulations, the most restrictive, or that imposing the higher standards, shall govern; provided however, that the city shall not be responsible for enforcing deed restrictions or restrictive covenants.
(B) No land shall be used or occupied, no structure shall be erected, moved, converted, altered, enlarged, used or occupied, and no use shall be operated, unless it is in conformity with the regulations herein prescribed for the district in which such structure or land is located. This provision shall not be construed to affect any lawful uses of land or structures that exist, or for which a lawfully issued permit has been issued, at the effective date of these regulations.
(C) No proposed plat of any new subdivision of land shall hereafter be considered for approval unless the lots within such plat equal or exceed the minimum size and area requirements specified in the applicable zoning district in which the land is located.
(D) No open space required by these regulations for a particular structure or use shall be claimed at the same time as open space for another structure or use.
(E) Dedication to public use of land shall not be a condition for any zoning or conditional use approval.
(F) All structures constructed or occupied in conformance with these regulations shall also conform to all other codes and regulations of the city.
(G) The provisions of these regulations are severable. If any section, paragraph, sentence, or clause shall be declared invalid, the remainder of the regulations shall not be affected.
(Ord. 2017-05-635, passed 5-2-17)