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Tontitown City Zoning Code

ESTABLISHMENT OF

ZONING DISTRICTS AND BOUNDARIES

§ 153.060 ZONING DISTRICTS ESTABLISHED.

   The following zoning districts, which may be referred to by their abbreviations, are hereby established:
   (A)   Base zoning districts:
         A         Agriculture
         R-E         Estate Single-Family Residential - two acre minimum lot size
         R-1         Single-Family Residential - one acre minimum lot size
         R-2         Single-Family Residential - one-half acre minimum lot size
         R-3         Single-Family Residential - 9,600 square foot minimum lot size; provided density shall not exceed three units/acres
         R-3L         Single-Family Residential - 14,520 square foot minimum lot size one-third acre
          R-4         Single-Family Residential - 8,000 square foot minimum lot size; provided the density shall not exceed four units/acre. R-4 is not an available zoning district classification for assignment.
         R-MF-16      Multi-Family Residential - 16 units/acre maximum
         R-MH         Residential-Mobile Homes
         N-C      Neighborhood Commercial
         C-1         Light Commercial/Office
         C-2         General Commercial
         C-T      Trades and Services
         L-I         Light Industrial
         I         Industrial
         EU-L         Exclusive Use-Landfill
   (B)   Overlay and special purpose zoning districts
         P          Planned Unit Development District
(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2020-07-892, passed 7-7-20; Am. Ord. 2021-03-924, passed 3-2-21; Am. Ord. 2021-04-938, passed 4--21; Am. Ord. 2023-06-1053, passed 6-20-23)

§ 153.061 ZONING DISTRICT HIERARCHY.

   References to less restrictive, more restrictive, less intensive and more intensive zoning districts refer to the base zoning districts established above; and represent a progression from the A district as the most restrictive (or least intensive) base district to the I district as the least restrictive (or most intensive) base district. Overlay and special purpose districts are not included in the zoning district hierarchy.
(Ord. 2017-05-635, passed 5-2-17)

§ 153.062 ZONING DISTRICT BOUNDARY MAP.

   (A)   The location and boundaries of the zoning districts established herein are defined as shown on a map entitled "Official Zoning Map of the City of Tontitown, Arkansas," which is on file in the office of the Clerk-Treasurer. This map, together with all explanatory data thereon, is hereby adopted by reference, and declared to be a part of these regulations. The official zoning map shall be certified as such by signature of the mayor, attested by the Clerk-Treasurer.
   (B)   If, in accordance with the provisions of these regulations, changes are made in district boundaries or other data portrayed on the official zoning map, such changes shall be made on said map within 30 days after the amendment has been approved by the City Council.
   (C)   No changes of any nature shall be made on the official zoning map or information shown thereon, except in conformity with the procedures set forth in these regulations. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of these regulations, and punishable pursuant to misdemeanor provisions contained in the city code.
   (D)   Regardless of the existence of purported copies of the official zoning map, which may from time to time be made or published, the official zoning map located in the office of the Clerk-Treasurer shall be the final authority as to the current zoning status of property in the city.
(Ord. 2017-05-635, passed 5-2-17)

§ 153.063 INTERPRETATION OF DISTRICT BOUNDARIES.

   Where uncertainty exists as to the boundaries of districts shown on the official zoning map, the zoning official shall employ the following rules in interpretations thereof. Decisions of the zoning official are subject to appeal to the Board of Zoning Adjustment.
   (A)   Boundaries indicated as approximately following the centerlines of streets or alleys shall be construed to follow such centerlines.
   (B)   Boundaries indicated as approximately following city limits shall be construed as following city limits.
   (C)   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
   (D)   Boundaries indicated as following waterways shall be construed to be following the thread of the stream.
   (E)   Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
   (F)   Boundaries indicated as parallel to, or extensions of features mentioned in the preceding rules, shall be so construed.
   (G)   Where distance is not specifically indicated on the official zoning map, as is typically the case with un-subdivided property, distance shall be determined by the scale of the map.
(Ord. 2017-05-635, passed 5-2-17)

§ 153.064 CLASSIFICATION OF ANNEXED LANDS.

   All lands proposed for annexation shall be assigned zoning district classification(s) that will become effective at the same time the annexation becomes final. The map amendment procedures contained herein shall be followed in assigning said classification(s).
(Ord. 2017-05-635, passed 5-2-17)

§ 153.065 VACATION OF PUBLIC RIGHTS-OF-WAY.

   Whenever any street, alley, or other public way is vacated or abandoned by action of the City Council pursuant to law, the zoning district classification of the property to which the vacated portions of land accrue, shall become the classification of the vacated land.
(Ord. 2017-05-635, passed 5-2-17)