Avoca Zoning Ordinance No. 76, Effective 2/2007

AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE TOWN OF AVOCA, PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH.

WHEREAS, Arkansas statutes empower the Town of Avoca to enact a zoning ordinance, and to provide for its administration, enforcement and amendment; and

WHEREAS, the Town Council deems it necessary, for the purpose of promoting the public health, safety, and welfare, to enact a zoning ordinance and to provide for its administration, enforcement, and amendment; and

WHEREAS, the Town Council has, after thorough consideration, determined that appropriate regulations concerning the uses of land, buildings and structures; the location, height and size of buildings; open space; lot coverage; off-street parking; density and distribution of population would be in the public interest; and

WHEREAS, a recommended zoning map, dividing the Town into districts, has been prepared, as have regulations pertaining to such districts; and

WHEREAS, reasonable consideration has been given, among other things, to the character of the districts and their suitability for particular uses, with a view to conserving and promoting desirable living conditions, protecting property from blight and undue depreciation, and encouraging the most appropriate and compatible use of land in the Town of Avoca; and

WHEREAS, a public hearing has been held, and consideration given to suggestions and recommendations received; and

WHEREAS, it is the desire of the Town Council to adopt, and put into effect, zoning regulations.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVOCA, ARKANSAS:

Section 1. Definitions

The following definitions shall be used in the interpretation of this ordinance. Words used in the present tense include the future tense, and words in the singular include words in the plural. The word “used” shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used. The word “shall” means mandatory, and the word “may” means permissive.

Accessory Buildings and Uses: A subordinate building or a portion of the principal building, the use of which is customarily incidental to that of the dominant use of the principal building or land. An accessory use is a use that is customarily incidental, appropriate, and subordinate to the principal use of land and buildings, and located upon the same lot therewith.

Alley: A narrow public way, not in excess of twenty (20) feet, which affords a secondary means of access to abutting properties, and not intended for general traffic circulation.

Apartment: A room or suite of rooms within a building with separate cooking, bathing, and sleeping facilities and intended as a single dwelling unit. Structures containing three (3) or more dwelling units are considered apartments.

Area: The amount of land surface in a lot or parcel of land.

Building: Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or property of any kind. When any portion thereof is completely separated from every other portion thereof by a division wall without openings, then each such portion shall be deemed to be a separate building.

Building Coverage: The land area covered by all buildings on a lot, excluding eaves.

Building Height: The average vertical distance from the finished lot grade to the highest point of the building.

Building Line: A line parallel to a lot line establishing an area between it and the lot line where buildings are prohibited. Such prohibition shall exclude landings, open balconies, and roof overhangs, subject to further requirements of this ordinance.

Building & Farm Supply Company: Any establishment that sells hardware, tools, lumber and other supplies related to building, farm, or home care.

Cemetery: A place for burial of human remains, excluding crematoriums.

Church: A building, together with its accessory buildings and uses, where people regularly assemble for religious worship. Accessory uses shall include day-care facilities and other non-profit, church associated uses.

Clinic: A facility for diagnosis and treatment of medical, chiropractic, dental or psychological outpatients, and which may be used by one or more practitioners.

Clubs and Lodges: An association of persons for the non-profit promotion of some common purpose, such as charity, fellowship, or something similar.

Convalescent Home: A health care facility, including rest homes and nursing homes, where persons are housed and furnished with meals and continuing nursing services.

Day Care Center: A commercial establishment where child care services are provided pursuant to State laws and fire codes, and in accordance with and licensed by appropriate State agencies.

Day Care Family Home: A home where day care services are provided to a maximum of ten (10) children, with a maximum of two (2) adults in attendance. The operator shall reside in the structure, and the facility must conform to all codes and regulations, both State and local, applicable thereto, with the most restrictive regulations prevailing.

Development: The act of changing the state of a tract of land after its function has been purposefully changed by man; including, but not limited to, structures on the land and alterations to the land.

Development Plan: A dimensioned presentation of the proposed development of a specified parcel of land which reflects thereon the location of buildings, easements, parking arrangements, public access, and other similar and pertinent features.

District: A portion or section of the Town within which uniform zoning regulations apply.

Drive-In Establishments: A facility where services or products are delivered to persons in vehicles by means of a drive-up window or carhop.

Dwelling: A building used exclusively for single-family residential occupancy.

Dwelling, Attached: A dwelling which is joined to another dwelling at one (1) or more sides by a wall or walls.

Dwelling, Detached: A dwelling which is entirely surrounded by open space on the same lot.

Dwelling, Manufactured, Residential-Design: A single-family, manufactured housing unit which has a minimum width of twenty-four feet (24’), with width measured perpendicular to the longest axis at the narrowest part, a pitched roof, and siding and roofing materials which are customarily used on site-built homes, and which complies with all of the standards specified herein. The placement of such units older than six (6) years of age shall not be permitted in Avoca. As a condition of any permit to locate such a unit in the city, evidence of a satisfactory life-safety inspection, performed by a qualified official, shall be provided. Such an inspection shall be a pre-requisite to bringing such a unit into the corporate limits.

Dwelling, Single-Family: A residential dwelling unit designed for or occupied by one family only, and being on a permanent foundation.

Dwelling Unit: A room or group of rooms located within a dwelling forming a habitable unit for one family.

Family: An individual or two or more persons related by blood or marriage or a group of not more than three (3) persons who need not be related by blood or marriage living together and subsisting in common as a single non-profit housekeeping unit utilizing only one kitchen.

Farm: A parcel of land used for growing or raising of agricultural products including related structures thereon.

Frontage: That edge of a lot bordering a street.

Kennel: The use of land or buildings for the purpose of selling, breeding, boarding, or training dogs or cats or both, or the keeping of more than five (5) dogs and/or cats. The word “selling” as herein used shall not be construed to include the sale of animals four (4) months of age or younger which are the natural increase of animals kept by persons not operating a kennel as herein defined; nor shall selling be determined to include isolated sales of animals over four (4) months old by persons not operating a kennel as herein described.

Lot: A platted parcel of land intended to be separately owned, developed, and otherwise used as a unit.

Lot, Corner: A lot with frontage on two (2) streets at their intersection.

Lot, Width: The average of the horizontal distances of the front and rear lot lines.

Natural Area: An area that is substantially undisturbed by development.

Nonconforming Structure or Use: A structure or land use which existed lawfully on the date that this Ordinance or any amendment thereto became effective, and which fails to conform to one or more of the applicable regulations in the Ordinance or amendment thereto.

Office: A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

Parcel: A tract of land separately designated and delineated by identifiable, legally recorded boundary lines.

Park: An area open to the general public and reserved for recreational, educational or scenic purposes.

Parking Area: An area of land used or intended for off-street parking facilities for motor vehicles.

Principal Use: The chief or main recognized use of a structure or of land.

Property Line: The legally recorded boundary of a lot, tract, or other parcel of land.

Setback: The distance between the front of a building and the street right-of-way line.

Sign: A structure or device designed or intended to convey information to the public in written or pictorial form. The placement of portable, flashing, and animated signs of all types shall be permitted only after approval of the town council, and shall be temporary in nature, with placement not to exceed 20 days. All billboards and similar outdoor off-premises advertising shall be expressly prohibited—however official signs shall be permitted. In addition, banners of all types are expressly prohibited unless specifically approved by the council.

Sign, Bulletin: A sign erected by a church, school institution, or public agency on its premises for announcements.

Sign, Commercial: A sign which directs attention to a service, product, profession, business or entertainment conducted, sold, or offered on the same lot.

Sign, Nameplate: A sign bearing the name and /or address, occupation, phone number of persons or uses occupying the premises. Gated community/subdivision signs shall be expressly permitted.

Sign, Official: Signs on public property for informing the public.

Signs, Temporary Real Estate: Temporary signs advertising the premises for lease, rent or sale.

Story: The horizontal segment of a building between the floor surface and the ceiling next above it, and wholly above grade.

Use: Any functional, social, or technological activity, which is imposed or applied to land or to structures on the land.

Yard: An open area between the building lines and the lot lines of the lot on which it is located.

Section 2. Official Zoning Map

(View online zoning map here)

The Town is hereby divided into districts, or zones, as hereinafter described, and as shown on the Official Zoning Map. This map, together with all explanatory data thereon, is hereby adopted by reference, and declared to be a part of this Ordinance.

The Official Zoning Map shall be certified as such by signature of the Mayor, attested by the Recorder-Treasurer.

If, in accordance with the provisions of this Ordinance, changes are authorized in district boundaries, such changes shall be made on the Official Zoning Map within thirty (30) days after approval by the Town Council.

No changes of any nature shall be made in the Official Zoning Map or information shown thereon, except in conformity with the procedures set forth in this Ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Ordinance, and punishable pursuant to provisions contained herein.

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 which shall be located in the office of the Recorder-Treasurer shall be the final authority as to the current zoning status of property in the Town.

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 as herein provided.

1. Boundaries indicated as approximately following the centerlines of streets or alleys shall be construed to follow such center lines.

2. Boundaries indicated as approximately following town limits shall be construed as following town limits.

3. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

4. Boundaries indicated as following shore lines shall be construed to follow such shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline.

5. Boundaries indicated as parallel to or extensions of features indicated above, shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

6. Whenever any street alley, or other public way is vacated or abandoned by action of the Town Council pursuant to law, the zoning district boundaries on each side of such street, alley, or public way shall be automatically moved to the center line of same and all area included therein shall then and henceforth be subject to all appropriate regulations of the extended districts.

Section 3. Administration and Enforcement

The Zoning Official shall be designated by the Mayor, and shall be responsible for the administration and enforcement of this Ordinance subject to exceptions contained herein. He may enter any structure, premises, or land to perform any duty imposed by this Ordinance.

If the Zoning Official shall find that any of the provisions of this Ordinance are being violated, he shall notify the person in writing, as well as the property owner of record in writing, both of whom shall be responsible for such violation. Said notice shall indicate the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures, or of additions, alterations or changes thereto; discontinuance of any illegal work being done; or he shall take any other action authorized by this Ordinance to insure compliance with or to prevent violation of its provisions.

No permit shall be issued for the erection, alteration, or moving of a building or structure until after the Zoning Official has reviewed the request and determined that the such is in compliance with provisions of this ordinance. All requests shall be registered at Town Hall, and all authorizations to proceed shall be issued from Town Hall.

All applications for permits shall be accompanied by plans, in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations of existing buildings, if any, on the lot; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Zoning Official, including existing or proposed buildings or proposed uses of the building and land; the number of families, house-keeping units, or rental units the building is designed to accommodate; conditions existing on the lot and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this Ordinance. One copy of the plans shall be returned to the applicant after the Zoning Official shall have marked such copy either as approved or disapproved and attested to the same by his signature on such copy. The second copy of the plans, similarly marked, shall be retained by the Zoning Official.

It shall be unlawful to use or occupy or permit the use or occupancy of any building or property, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a determination of compliance with this ordinance is given by the Zoning Official. The Zoning Official shall maintain a record of all authorizations, and copies shall be furnished upon request to any person. Failure to obtain proper authorization shall be a violation of this Ordinance and punishable pursuant to provisions contained herein.

The Zoning Official shall be responsible for addressing all questions regarding interpretation and enforcement of this Ordinance. Decisions of the Zoning Official shall be appealable only to the Board of Zoning Adjustment. Decisions of said Board shall be subject to appeal only to a court of record having jurisdiction.

Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Official, who shall record properly such complaint, immediately investigate and take action thereon, as provided by this Ordinance.

In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements. 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. The Town shall not be responsible for enforcing deed restrictions or covenants.

The owner or tenant of any building, structure, property, or part thereof, and any architect, engineer, contractor, agent, or other person who willfully commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense, and suffer the penalties herein provided.

Violation of the provisions of this Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. After the expiration date indicated by the notice of violation, any person who violates this Ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than two hundred and fifty dollars ($250.00). In addition, anyone so convicted shall be responsible for paying all costs and expenses involved in the case. After the expiration date indicated by the notice of violation, each day such violation continues shall be considered a separate offense.

Section 4. Board of Zoning Adjustment

A Board of Zoning Adjustment is hereby established, which shall be composed of three (3) qualified electors appointed by the Mayor and confirmed by the Town Council.

The Board of Zoning Adjustment shall establish regular meeting dates, adopt rules and procedures for the conduct of its business, and keep a public record of all findings and decisions.

Each session of the Board shall be a public meeting with public notice of said meeting and business to be carried on published in a newspaper of general circulation in the town at least one (1) time, seven (7) days prior to the meeting.

The Board of Zoning Adjustment shall have the following functions:

1. Hear appeals from decisions of the Zoning Official in respect to the enforcement and application of this Ordinance; and may affirm or reverse, in whole or in part, said decision of the Zoning Official.

2. Hear requests for variances from the literal provisions of this Ordinance in instances where strict enforcement would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this Ordinance. The Board of Zoning Adjustment shall not permit, as a variance, any use in a zone that is not permitted under this Ordinance. The Board may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.

A variance is authorized only for height, area, and size of structure, or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited, or not specifically permitted, shall not be allowed by a variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining district.

The Board of Zoning Adjustment shall issue approval of a variance only after finding that:

3. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are applicable to other lands, structures, or buildings in the same district;

4. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.

5. The special conditions and circumstances do not result from the actions or proposed actions of the applicant; and

6. Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

Any resident or taxpayer of the Town of Avoca aggrieved by any decision of the Board of Zoning Adjustment may appeal said decision only to a court of record having jurisdiction.

Section 5. General Provisions

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 uses or land or structure that existed at the effective date of this Ordinance. Existing non-conforming lots may be utilized in accordance herewith.

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.

No lot, open space, parking or loading space shall be reduced in area or dimension below that required by these regulations, except pursuant to decisions of the Board of Zoning Adjustment

Any use of structure or land lawfully existing or one for which a permit has been lawfully issued at the effective date of these regulations may be continued subject to provision herein.

All structures constructed or occupied in conformance with this Ordinance shall also conform to all other codes and regulations of the Town. Responsibility for compliance with American’s With Disability Act (ADA) provisions rests, in all respects, with the applicant.

No structure or plant shall be placed in any yard so that it interferes with the visibility at intersections.

Dedication to the public use of land shall not be a condition for any zoning or conditional use approval.

Land annexed into the Town of Avoca shall, upon the annexation’s effective date, exist with a zoning classification of R1 until the property is evaluated and, if appropriate, a more suitable zoning classification is assigned.

Off-street parking facilities and off-street loading facilities shall be provided on the site for each use as prescribed herein.

Each permitted use or lot shall have access to a public street or road, provided that such may be connected to a public street by an easement for access purposes, such being of record, at least twenty feet (20’) in width.

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.

It is expressly understood that all districts provide for the compatible existence of agricultural activities and uses. Horses may be kept in any zone, provided the pasture is at least 2 acres, and provided the density does not exceed 1 horse/acre. An accessory structure may be permitted for sheltering a riding horse on a lot or parcel with a minimum area of two (2) acres, provided: (1) The structure is at least 100 feet from adjacent property lines; (2) No more than 1 horse/acre is kept and sheltered on the property; and (3) The stall area does not exceed 450 square feet.

Section 6. Nonconforming Structures and Uses

Continuance of Use

7. Any lawfully established use of a structure or land, on the effective date of this Ordinance, or of amendments hereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.

8. Any legal nonconforming structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

9. Any structure for which a building permit has been lawfully granted prior to the effective date of this Ordinance, or of amendments hereto, may be completed in accordance with the approved plans. Such building shall thereafter be deemed a lawfully established building.

Discontinuance of Use

1. Whenever any part of a structure or land occupied by a nonconforming use is changed to, or replaced by, a use conforming to the provisions of this Ordinance, such premises shall not thereafter be used or occupied by a nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.

2. Whenever a nonconforming use of a structure or part thereof, has been discontinued or abandoned for a period of one (1) year or more, such use shall not be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district.

3. Where no enclosed structure is involved, discontinuance of a nonconforming use for a period of six (6) months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner.

4. A use not authorized by the Town of Avoca, in effect at the time this Ordinance becomes effective, shall be discontinued and not re-established, except when such use shall be in conformance with the provisions of this Ordinance.

Change of Use

The nonconforming use of any structure or portion thereof, may be occupied by another similar, or less intense nonconforming use, as may be determined by the Zoning Official, subject to appeal to the Board of Zoning Adjustment. No building in which a nonconforming use has been changed to a more restricted use shall again be devoted to a less restrictive use.

Removal of Nonconforming Structures and Uses

All nonconforming signs, billboards, portable signs, and outdoor advertising structures that were not located or constructed pursuant to law, shall be removed within six (6) months after the effective date of this Ordinance.

Repairs and Alterations

5. Normal maintenance of a nonconforming structure or of a conforming structure containing a nonconforming use is permitted. Such structures may be expanded a maximum of twenty-five percent (25%) in gross floor area.

6. Alterations may be made when required by law, or when such alterations will actually result in eliminating the nonconforming use.

7. No structure partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

8. A structure that is nonconforming with respect to yards, height or any other element of bulk regulated by this Ordinance, shall not be altered or expanded in any manner that would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located. (Bulk regulations are contained in the height, area, and building regulation provisions of each respective district).

Damage and Destruction

9. If a nonconforming structure or a structure containing a nonconforming use is damaged or destroyed by any means to the extent of sixty percent (60%) or more of its replacement value at that time, the structure can be rebuilt or used thereafter only in compliance with the provisions of the district in which it is located.

10. In the event the damage or destruction is less than sixty percent (60%) of its replacement value based upon prevailing costs, the structure may then be restored to its original condition and the structure and use thereof may then continue as before the partial destruction.

11. In either event, restoration or repair of the structure or other structure must be started within a period of six (6) months from the date of damage or destruction, and diligently pursued to completion. Failure to exercise the options herein provided within the time specified shall be considered a voluntary abandonment and structure(s) may be rebuilt and used thereafter only for a conforming use and in compliance with provisions of the district in which it is located. Existing non-conforming lots may be utilized.

Section 7. District Regulations

Establishment of Districts

In order to carry out the purposes of this Ordinance, the Town of Avoca is hereby divided into the zoning districts listed below:

R1 Residential

R2 Residential

B1 Neighborhood Commercial

B2 General Commercial

I Industrial

A description of each district follows.

1. R1 – Residential

a. Description and Intent

This district is intended for application in new single-family residential areas, and in previously platted areas generally conforming to requirements of this district, and conditional uses not inconsistent with the residential character of the area.

b. Permitted Uses

Single-Family Residences Accessory Buildings & Uses

Home Occupations Day Care Family Homes

c. Conditional Use

Cemeteries & Churches Clubs & Lodges

Parks & Recreational Areas Public & Semi-Public Uses

*Similar uses deemed by the Town Council to be consistent with the basic intent of this district, and which are equal to or less intense than uses permitted in this district.

d. Lot Dimensions

  • Minimum Area ½ acre
  • Minimum Width at Building Line 100 feet
  • Minimum Front Setback 30 feet
  • Minimum Side Setback 10 feet (street side 20’)
  • Minimum Rear Setback 30 feet

e. Parking Requirements

Two (2) off-street parking spaces shall be required for each single-family residence. Parking requirements for other uses shall be provided pursuant to subsequent provisions hereof.

f. Height, Building, & Area Regulations

1. No building shall exceed two and one-half stories, nor shall it exceed thirty-five feet (35’) in height.

2. Accessory buildings shall be set back a minimum of five feet (5’), and shall be located only in the rear yard, or in the side yard behind the building line.

3. Only one dwelling unit per lot, regardless of lot size, will be permitted.

g. Permitted Signs (on premise only)

1. Nameplates and address signs not over one square foot in area.

2. Bulletins for churches and public buildings not over twelve (12) square feet in area.

3. Official signs not over twelve (12) square feet in area.

4. Temporary real estate signs not over five (5) square feet in area.

5. Gated-community/subdivision signs (subject to Town Council approval).

2. R2 – Residential

Description and Intent

This district is intended for application in existing residential areas characterized by single-family structures, including manufactured homes; and in newly platted areas where decentralized sewer facilities are to be provided.

Permitted Uses

  • Single-Family Residences Day Care Family Homes
  • Manufactured Dwelling, (Residential Accessory Buildings & Uses
  • Design)
  • Conditional Uses
  • Cemeteries & Churches Day Care Family Homes
  • Parks & Recreational Areas Public & Semi-Public Uses

*Similar uses deemed by the Town Council to be consistent with the basic intent of this district, and which are equal to or less intense than permitted uses in this district.

Lot Dimensions

Minimum Area ½ acre

Minimum Width at Building Line 100 feet

Minimum Front Setback 30 feet

Minimum Side Setback 10 feet (street side, 20’)

Minimum Rear Setback 30 feet

Parking Requirements

Two (2) off-street parking spaces shall be required for each residential dwelling unit. For other uses see Section 10.

Height, Building, & Area Regulations

1. Residences may be built on lots platted previous to the adoption of this Ordinance, provided all setbacks can be met, and provided adequate on-site sanitary facilities (approved by the State Health Department) are approved.

2. No building shall exceed two and one-half stories, nor shall it exceed thirty-five feet (35’) in height.

3. Accessory buildings shall be located behind the front building line, and set back a minimum of five feet (5’) from the property line.

4. Only one dwelling per lot, regardless of lot size, will be permitted.

5. Each principal structure shall have a minimum total dimension on each side of twenty-four feet (24’), and the 24’ shall be finished on a permanent foundation.

Permitted Signs (on premise only)

6. Nameplate and address signs not over one square foot in area.

7. Bulletins for churches and public buildings not over twelve (12) square feet in area.

8. Official signs not over twelve (12) square feet in area.

9. Temporary real estate signs not over five (5) square feet in area.

10. Gated-community/subdivision signs (subject to Town Council approval).

3. B1 - Neighborhood Commercial

Description and Intent

This district is intended for use in areas of transition between residential uses and general commercial areas, and in areas that are designed to accommodate convenient neighborhood commercial establishments that can be operated in harmony with adjacent residential uses.

Permitted Uses

  • Antique Shops Barber & Beauty Shops
  • Business Offices Churches
  • Clinics Accessory Buildings & Uses
  • Convalescent Homes Day Care Centers
  • Professional Offices Public & Semi-Public Uses
  • Conditional Uses
  • Convenience Stores Government Offices
  • Nurseries Personal Services
  • Parks & Recreational Uses Photography Studios
  • Single-Family Residences Communication Towers

*Similar uses deemed by the Town Council to be consistent with the basic intent of this district, and which are equal to or less intense than uses permitted in this district.

Height, Building, & Area Regulations

1. No building shall exceed two and one-half stories, nor shall it exceed thirty-five feet (35’) in height.

2. Building setbacks shall be a minimum of twenty feet (20’) from all main buildings in the front yard and rear yard.

3. Minimum side yard setbacks shall be ten feet (10’), provided side yards on a street shall have a minimum of twenty feet (20’).

4. Building coverage shall not exceed forty percent (40%) of the lot area.

5. Where a “B1” district abuts a residential district or use, a wood or masonry construction having a height of not less than six feet (6’) shall be erected and maintained between such properties.

6. Any light used to illuminate “B1” uses and associated parking areas, shall be so designed and arranged to reflect the light downward, and away from adjacent residential properties.

Permitted Signs (on premise only)

7. Nameplates not over four (4) square feet in area.

8. Bulletins not over twelve (12) square feet in area.

9. Official signs not over twelve (12) square feet in area.

10. Commercial signs not over two hundred (200) square feet in area.

4. B2 – General Commercial

Description and Intent

This district is intended to be applied to the central business and other general commercial areas that provide for heavy retail trade, service, and business needs of the town. This district is generally located in the central business district, and along the immediately adjacent major streets. It may be assigned at commercial nodes in the future, but is not intended to be used in a strip manner.

Permitted Uses

  • Antique Shops Appliance Stores
  • Auto Parts Store (new) Bakery Shops
  • Banks Barber & Beauty Shops
  • Building & Farm Supply Stores Business Offices
  • Cabinet Shops Car Washes
  • Clinics Convenience Stores
  • Drug Stores Dry Cleaners
  • Florist Shops Furniture Stores
  • Gift & Toy Stores Government Offices
  • Grocery Stores Hardware Stores
  • Jewelry Stores Laundromats
  • Motels Nurseries
  • Office Supply Stores Personal Services
  • Photography Studios Professional Offices
  • Restaurants Service Stations

Conditional Uses

Single-family residences; communication towers; and other uses deemed by the Town Council to be consistent with the basic intent of this district, and which are equal to or less intense than uses permitted in this district.

Parking Requirements

Off-street parking shall be provided for each use pursuant to provisions herein.

Height, Building, & Area Regulations

1. No building shall exceed forty feet (40’) in height.

2. Building setbacks shall be a minimum of twenty-five feet (25’) in the front; fifteen feet (15’) in the rear; and ten feet (10’) on the sides, provided street side setbacks shall be a minimum of twenty feet (20’).

3. Accessory buildings shall be set back a minimum of five feet (5’) and shall be located only in the rear yard, or in the side yard behind the building line.

4. Screening, with an opaque fence of wood or masonry construction of at least six feet (6’) in height, shall be erected and maintained when a “B2” use abuts a residential district or use.

5. Any light used to illuminate “B2” uses and associated parking areas, shall be so designed and arranged to reflect the light downward, and away from adjacent residential properties.

Permitted Signs (on premise only)

6. Nameplates not over four (4) square feet in area.

7. Bulletins not over twelve (12) square feet in area.

8. Official signs not over twelve (12) square feet in area.

9. Commercial signs not over two hundred (200) square feet in area.

5. I – Industrial

a. Description and Intent

This district is intended for clean, quiet industries on amply landscaped sites that can be operated compatibly with commercial and residential uses.

b. Required Conditions

No use shall be permitted, and no process, equipment, or material shall be employed which is found by governmental authorities to be objectionable to persons or injurious to property located in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke, dirt, refuse, water-carried waste, noise, vibration, unsightliness, or to involve any hazard of fire or explosion. Proposed uses which the Zoning Official determines may not meet required conditions, shall be referred to the Town Council for consideration as conditional uses.

c. Permitted Uses (subject to required conditions consistency finding)

  • Wholesale Distribution Centers Warehousing & Storage
  • Fabrication Plants Processing Plants
  • Assembly Plants Trucking Establishments
  • Contractor Maintenance & Storage Yards Building Materials
  • Roofing & Sheet Metal Companies Grain Storage & Elevators

d. Conditional Uses

Similar uses deemed by the Town Council to be consistent with the basic intent of this district, and which are equal to or less intense than uses permitted in this district.

e. Parking Requirements

Off-street parking spaces shall be required pursuant to provisions herein.

f. Height, Building & Area Regulations

1. Only height limitations associated with airports shall apply.

2. Building setbacks shall be a minimum of 100 feet in the front, and 20 feet in both the rear and sides.

3. Each structure or use shall provide on-lot loading and unloading facilities which will allow such activities to be carried-on without blocking, or in any way interfering with traffic.

4. Building coverage shall not exceed 50% of the lot area, which shall be a minimum of 5 acres.

g. Permitted Signs (on-premise only)

1. Nameplates bearing the name of the industry or use not exceeding 120 square feet in area.

2. Commercial signs not over 200 square feet in area.

3. Official signs not over 12 square feet in area.

Section 8. Conditional Uses

Nature and Description

Certain uses may or may not be appropriately located within various districts due to their unusual or unique characteristics of operation and external effects. Given their unique character, analysis and judgment of the consequences of each development and use must be given so as to provide for such reasonable conditions and protective restrictions as are deemed necessary to protect the character and integrity of the area in which uses are proposed to be located. Such uses are listed under the various districts herein as “conditional uses,” and may be located in the district or districts so designated only in accordance with the procedure described herein.

Development Standards and Review Guidelines

All development shall be designed in such a way as to minimize any potential negative impact on the surrounding area. Special attention shall be given to buffering commercial developments from adjacent single-family areas. Design of the internal traffic circulation system, ingress and egress, off-street parking, loading, and pedestrianways shall be sensitive to such conditions as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, and the proper relationship of different land uses. Landscaped areas shall be provided to protect water quality, and reduce erosion, heat and glare. Such areas shall be maintained in an attractive condition. Existing trees on a development site shall be retained where possible. Screening, open space, or other buffer may be required to give adequate separation between uses which are not compatible and shall also be provided for the beautification and enhancement of the property.

In carrying out the purpose of this section, the following development standards and design specifics shall be subject to review and approval. The appropriateness of these standards shall be determined for each specific conditional use location.

The proposed use is within the provision of “conditional uses” as set out in this Ordinance.

The proposed use conforms to all applicable provisions herein set out for the district in which it is to be located.

The proposed use is so designated, located and proposed to be operated that the public health, safety and welfare will be protected.

The proposed land use is compatible with and will not adversely affect other property in the area where it is proposed to be located.

The size and shape of the site, including the size, shape and arrangement of proposed structures, as well as signage related thereto, is in keeping with the intent of this Ordinance.

The proposed ingress and egress, internal circulation system, location and amount of off-street parking, loading and pedestrianways are sufficiently adequate, and not inconsistent with requirements of this Ordinance.

The proposed landscaping and screening of the proposed use are in accordance with provisions of this Ordinance.

Safeguards proposed to limit noxious or offensive emissions, including lighting, noise, glare, dust and odor are addressed.

Procedure for Authorizing

The following procedure is established to integrate properly the conditional use with other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure:

1. An application shall be filed with the Zoning Official, upon forms prescribed for that purpose, accompanied with the appropriate fee established by the Council to defray processing costs. The application shall be accompanied by graphic representation showing the location and proposed use of the site, along with such other descriptive material necessary for decision-making. Such may include, but is not limited to: preliminary site plans showing proposed uses and structures; proposed ingress and egress to the site, including adjacent streets; proposed off-street parking and landscaping; lighting and signage; a preliminary plan for provision of adequate utilities, and adequate sanitation and drainage facilities; and proximity of adjacent uses and buildings. Each application shall be verified by at least one of the owners of the property proposed to be changed, attesting to the truth and correctness of all facts and information presented with the application.

The filing deadline for inclusion on the Town Council agenda shall be 20th day of the month preceding the Town Council meeting. Should the 20th fall on a weekend or holiday, the next following workday shall be the filing deadline.

Upon the Zoning Official’s determination that an application is proper and complete, the applicant shall insure that the matter is set for public hearing before the Town Council. The applicant shall be responsible for insuring that at least fifteen (15) days notice of the time, place, and subject of such hearing is published in a newspaper of general circulation in the town.

The applicant shall present an affidavit to the Zoning Official, at least ten (10) days prior to the required public hearing, stating that all property owners within two hundred feet (200’) of the boundaries of the subject property have been notified of the proposed use, and of the time, date, and place of the public hearing. Such notifications may be in person or by mail.

The Town Council shall review conditional use permit applications at its regularly scheduled monthly meeting, at which time interested persons may appear at the required public hearing and offer information in support of or against the proposed condition use. Following the public hearing, the Council may approve the application as presented, approve it with conditions, table it with cause for not to exceed one (1) month, or deny the application. Approval shall require an affirmative vote of a majority of the total membership of the Town Council.

In approving such conditional uses, the Town Council shall impose such conditions and restrictions upon the premises as it deems necessary to reduce or minimize the adverse effects of the use. Compatibility with surrounding property shall be insured to the maximum extent practicable.

In no case shall the Town Council authorize reduction from minimum requirements of this Ordinance relating to height, area, setbacks, parking, or landscaping. In addition, no conditional use authorized by the Town Council shall be subsequently considered in connection with a variance request to the Board of Zoning Adjustment.

If the Town Council disapproves or denies a conditional use application, the reasons for such action shall be given to the applicant within fifteen (15) days from the date of the decision. The applicant may appeal such Council action to a court of record having jurisdiction within thirty (30) days of the Council’s action. If an application is denied by the Town Council, no application for such use or similar use shall be permitted involving any part of the same property for a period of six (6) months.

4. No building permit shall be issued for any building or structure not in conformance with the site plan and all other conditions imposed in granting a conditional use permit. The construction, location, use, or operation of all land and structures with the site shall be in accordance with all conditions and limitations set forth in the approval. No structure, use or other element of any approved site plan shall be eliminated, significantly altered, or provided in another manner unless an amendment to the conditional use is approved. The procedure for amending a conditional use permit shall be the same as required for the original approval.

Substantial work or construction under a conditional use permit must be commenced within one (1) year, or the permit shall terminate. Conditional use permits shall be valid for an unlimited period unless a lesser period shall be provided in a particular permit. Upon the expiration of the time limit specified in the particular permit, the property owner may request that the permit be reviewed by the Town Council, which may extend it for an unlimited period or for an additional period of years.

Once any portion of the conditional use permit authorization is utilized, all such conditions pertaining to such authorization shall become immediately operative. All conditions relating to or limiting the use, status, or operation of the development, after issuance of an occupancy permit, shall be complied with by the applicant or his successors or assigns. Failure to do so shall constitute a violation of this Ordinance, and cause for revocation of the conditional use authorization.

Provided sufficient site information is submitted with the approved development plan, the Town Council may waive otherwise mandated site plan review requirements.

Section 9. Accessory Uses

a. General Description

An accessory building is a subordinate building or a portion of the principal

building, the use of which is customarily incidental to that of the dominant use

of the principal building or land. An accessory use is one which is customarily

incidental, appropriate and subordinate to the principle use of land and

buildings, and located upon the same lot therewith. Subject to limitations

herein, accessory buildings and uses are permitted in all zones.

b. Location Requirements and Standards

An accessory building shall not be located within a required street (front or street

side) setback; shall be subject to the side setback standards of the underlying

zoning district; shall be set back at least five feet (5’) from a property line; shall

not be located within any public easement or over any known utilities or septic

lines; and shall not occupy more than twenty percent (20%) of the lot area or

more of the lot than is covered by the principal use, whichever results in less lot

coverage. Accessory buildings shall not exceed the floor area of the principal use

in R1 zones. Unless otherwise provided herein, and provided site visibility is not

obstructed, signs, fences and walls shall be allowed within setbacks.

An accessory building attached to a main building shall be made structurally a

part and have a common wall with the main building, and shall comply in all

respects with the requirements applicable to the principal building. Provided

detached, open-sided carports may be located in the side yard, no closer to the front

lot line of the principal building, and provided required side setbacks are met.

Unless attached to the principal structure, accessory buildings shall be located at

least ten feet (10’) from any other structure.

With regard to height limitations, accessory structures in residential districts shall

not exceed twelve feet (12’) in height, measured from the eave; and in commercial

districts, such structures shall not exceed twenty-five feet (25’) in height or the

height of the principal structure on the lot.

c. Residential Accessory Uses

Residential accessory uses shall include the following accessory uses, activities,

facilities, and structures: accessory dwelling units (subject to limitations outlined

below); fences and walls; garages, carports and off-street parking and loading areas;

gardens; gates and guard houses; home occupations (subject to limitations and

requirements outlined below); playhouses, patios, cabanas, porches, gazebos and

household storage buildings; radio and television receiving antennas; recreational

and play facilities for residents; storm and fallout shelters; and other necessary and

customary uses determined to be appropriate, incidental and subordinate to the

principal use on the lot.

A nameplate sign, that is, a sign bearing the name and/or address, occupation, and communication number of a person or use occupying the premises, shall be permitted as a residential accessory use. Such sign shall be unanimated and non- illuminated, not over two (2) square feet in area, and placed flat against a wall or door of the principal building. In addition, a real estate sign, that is, a temporary sign advertising the premises for sale or lease, is also permitted as an accessory use. Such sign shall be unanimated and non-illuminated, shall not exceed four (4) square feet in area, and shall not be placed on public right-of-way.

Accessory dwelling units shall be allowed by right in R1 districts with lot sizes exceeding 2 acres provided that the dwelling unit is used to house immediate family members or employees who work on-site. Such units may also be allowed, subject to conditional use approval, in other residential districts. Accessory dwelling units shall not be used for general rental purposes.

A home occupation shall be allowed as an accessory use in residential districts

subject to compliance with the following requirements, which are intended to balance protection of residential character with enabling residents to work from home:

a. The home office or business is clearly secondary to the use of the dwelling as a residence and does not change the residential character or appearance of the dwelling or lot in any visible manner; provided a nameplate sign, as described above shall be permitted.

b. The work done in the home office or business creates no objectionable odor, noticeable vibration, or offensive noise that increases a level of ambient sound at the property lines.

c. The home office or business does not involve the external display of goods or services, and does not cause unsightly conditions or waste visible from off the property.

d. The home office or business does not cause interference with radio, telephone, or television reception in the vicinity.

e. Permitted home occupations shall not include the employment of any persons not residing on the premises in the performance of the occupation.

f. The home office or business sells no articles on the premises which are not produced on the premises.

g. A home occupation shall be carried on wholly with the principal residential structure. No home occupations shall be allowed in accessory buildings or garages.

h. The home office or business occupies no more than twenty-five percent (25%) of the total floor area of the residence.

i. There shall be no external alteration of the dwelling, nor storage of supplies or equipment outside.

j. Not more than one (1) truck of not more than two (2) ton capacity, and no semi-trailers, incidental to the home occupation, shall be kept on the premises.

k. Customers may visit the site only during the hours of 8 AM to 8 PM, and no more than six (6) customers or clients may visit the site in any single day.

l. Parking to serve a home occupation shall be provided off-street, and no such parking shall be permitted in a required setback, other than in a driveway. In no event shall yard areas be converted to off-street parking to serve a home occupation.

Prohibited home occupations include, but are not limited to the following:

m. Barber and beauty shops.

n. Dispatch centers, where employees come to the site to be dispatched to other locations.

o. Commercial stables, kennels, and animal boarding and care facilities.

p. Assembly or repair of large appliances.

q. Repair or assembly of vehicles or equipment with internal combustion engines, or any other work related to motor vehicles and their parts.

Garage sales, also commonly called rummage or yard sales, are permitted as accessory uses provided they meet the following requirements:

r. Each such sale shall be registered in writing or by telephone with the Recorder-Treasurer.

s. Each property address and/or person shall be limited to no more than four (4) such sales per year.

t. Sales shall not last longer than two (2) consecutive days.

u. Sales are conducted on the owner’s property. Multiple family sales are permitted if they are held on the property of one of the participants.

v. No goods purchased for resale may be offered for sale.

w. No consignment goods may be offered for sale.

x. Directional and advertising signs, not larger than four (4) square feet, shall be free-standing; that is, they shall not be placed on traffic or official signs, utility poles or trees; and shall be removed promptly after completion of the sale.

Section 10. General Standards

Manufactured Dwelling Units, Residential Design. All manufactured dwelling units shall comply with the following standards.

1. Size

a. The minimum width of a residential design, manufactured dwelling

unit shall be twenty-four feet (24’), with width measured perpendicular

to the longest axis at the narrowest part.

b. The length of a residential design, manufactured dwelling unit shall not

exceed four (4) times its width, with length measured along the longest

axis.

c. A residential design, manufactured dwelling unit shall have a minimum

area of one thousand two hundred (1,200) square feet (enclosed

and heated living area).

2. Roof

Pitch. The roof must be predominantly double-pitched and have a

minimum vertical rise of four inches (4”) for every twelve inches (12”)

of horizontal run.

Materials. The roof must be covered with material that is customarily

used on site-built housing units.

Eaves. The roof shall have a minimum eave projection and roof

Overhang of ten inches (10”), which may include a gutter.

3. Siding

Materials. Exterior siding must be of a material customarily used on

site-built housing units. Customary materials include wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco, or similar materials. Customary materials do not include smooth, ribbed or corrugated metal or plastic panels or material that has a high gloss finish.

Design and Placement. Siding material shall extend below the top of

the foundation or curtain wall, or the joint between the siding and enclosure wall shall be flashed in accordance with the building code.

4. Installation of Unit.

Guidelines. The unit shall be installed in accordance with the

recommended installation procedures of the manufacturer, and the standards established by the International Conference of Building Officials (ICBO) and published in the most recent edition of “Guidelines for Manufactured Housing Installations.”

Foundation. A continuous, permanent concrete or masonry foundation

Or masonry curtain wall, un-pierced except for required ventilation and access, which may include walk-out basements and garages, shall be installed under the perimeter of the unit, also in accordance with the above referenced ICBO guidelines.

5. Entrance Landing Area. At the main entrance door to the unit, there shall be a landing that is a minimum of five feet (5’) which is constructed in accordance with building code requirements.

6. Transport Equipment. All running gear, tongues, axles, and wheels must be

removed at the time of installation of the unit on the lot.

7. Finished Floor Elevation. The finished floor of the unit shall meet the

manufacturer’s specifications unless the unit is located in a floodplain, in which case floodplain regulations shall rule.

8. Additions. Attached additions and detached garages shall comply with the

building code, and floodplain regulations, if applicable. All standards of

section shall apply to such additions and garages.

Off-Street Parking and Off-Street Loading Facilities

6. Off-Street Parking Facilities Required.

A parking space shall be an area for the parking of a motor vehicle,

plus those additional areas and facilities required to provide for the safe ingress and egress from said space. The area set aside to meet these provisions must be usable and accessible for the type of off-street parking need which must be satisfied.

In any residential district, all motor vehicles incapable of movement

under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, or in a garage or carport.

At the time of initial occupancy of a site or of construction of a

building, there shall be provided off-street parking facilities for automobiles in accordance with the requirements of these regulations.

Parking Space Schedule.

1. Single-family residential – 2 spaces/dwelling unit

2. Retail Sales & Convenience Stores – 5 spaces/1,000 square feet of gross floor area

3. Business/Professional Offices & Banks – 3½ spaces/1,000 square feet of gross floor area

4. Personal Services – 5 spaces/1,000 square feet of gross floor area

5. Restaurants – 15 spaces/1,000 square feet of gross floor area

6. Day Care Facilities – 1 space/staff and/or attendant, plus 2 additional spaces

7. Churches – 1 space/4 seats in the sanctuary

8. Industrial Uses – Pursuant to site development plan approval

7. Location of Off-Street Parking Facilities. In all districts, off-street parking facilities prescribed in this section shall be located as hereinafter specified.

For residential dwellings and for commercial and industrial establishments, parking facilities shall be located on the same site as the buildings they are to serve.

For any church, there shall be allowed the use of joint parking facilities in connection with any building or use not normally open, used, or operated during the principal operating hours of a church; provided a properly drawn legal instrument is executed by the parties concerned for the joint use of such off-street parking facilities, which instrument, duly approved as to form by the town attorney, shall be filed with the application for a zoning permit.

No parking shall be allowed in any front yard of a residential use, except when parked on the driveway, provided such does not block a sidewalk or create an obstruction to visibility.

When the required parking spaces for residential dwellings are not to be provided in a covered garage or carport, such spaces shall be located or constructed so that it may be later covered by a garage or carport structure in accordance with the provisions of these regulations.

No parking at commercial establishments shall be located within the first ten feet (10’) of the required front or side setback nearest the adjoining street(s).

3. Standards for Off-Street Parking Facilities

Each parking space shall be not less than twenty feet (20’) in length

and nine feet (9’) in width, exclusive of aisles and access drives. Including the ingress and egress areas and aisle space, the parking area shall provide for three hundred (300) square feet per vehicle.

All parking areas shall have adequate ingress or egress to a street or alley. Sufficient room for turning and maneuvering vehicles shall be provided on the site.

Entrances and exits to parking lots and other parking facilities shall not be closer than twenty-five feet (25’) to street intersections, and shall be subject to site plan approval.

If the parking area is illuminated, lighting shall be arranged so as to not cause annoying glare to adjoining residential uses.

No commercial repair work, servicing of vehicles, or parking of new or used motor vehicles for the purpose of storage, rent, or sale shall be conducted on a required parking area.

All required off-street parking and loading spaces, and the driveways serving off-street parking and loading spaces, shall be paved with asphalt, concrete or brick; provided driveways serving single-family dwellings shall only be required to pave the first one hundred feet (100’), as measured from the street. The area of the driveway from the edge of the street to the property line shall be paved.

All off-street parking and loading areas shall be designed with drainage facilities adequate to dispose of all stormwater, and to not increase the stormwater runoff onto the surface of adjoining properties or streets.

The perimeter of all off-street parking and loading areas and their access drives shall be curbed, with the exception of single-family residences. Landscape islands and other interior features within parking lots shall also be protected by curbs. The area between the curb and the property line, except for the driveway, shall be maintained as green space.

Off-street parking areas containing five (5) or more spaces shall be delineated by pavement striping. Pursuant to American’s With Disability Act (ADA) standards, a portion of the total number of required off-street parking spaces in each off-street parking area shall be specifically designated, located and reserved for use by persons with physical disabilities. Responsibility for compliance with ADA, in all respects, shall rest with the applicant.

Off-street parking and loading spaces shall be designed to permit exiting vehicles to enter the public right-of-way in a forward motion. No off-street parking or loading space shall be allowed that requires vehicles to “back” onto a public right-of-way, except single family residential development on local and collector streets.

Off-street loading spaces shall be at least fourteen feet (14’) by forty-five feet (45’) in size, with a minimum eighteen foot (18’) height clearance.

Drive aisles within off-street parking lots shall be two-way, with a minimum width of twenty-four feet (24’).

All required parking and loading spaces, driving aisles, and accessways shall be constructed prior to the issuance of a certificate of occupancy, provided that a temporary certificate of occupancy may be issued if it is determined, based on information provided by the applicant, that inclement weather or other factors beyond the control of the applicant have prevented compliance with this “timing” requirement. Said temporary certificate shall expire at the end of one hundred twenty (120) days.

Off-street parking, as an accessory to residential uses, includes the parking of valid licensed passenger automobiles, pickup trucks, vans, recreational equipment and recreational vehicles solely for use by the occupants of the dwelling or by guests of the occupants. Under no circumstances shall off-street parking, as an accessory use, be used for the parking of commercial vehicles which weigh over two (2) tons.

One boat, trailer and/or recreational vehicle may be parked outdoors on a lot in a residential district provided that:

1. The boat, trailer or recreational vehicle is owned and used by a resident of the premises;

2. The boat, trailer or recreational vehicle is not parked in the area between the front of the residence and the street or other area between the structure and the street, except for the purpose of loading or unloading during a period of less than eight (8) hours.

3. If the boat, trailer or recreational vehicle is located in the side or rear yard, it shall be effectively screened from view of abutting lands by a wall, fence or dense hedge planting at least six feet (6’) in height.

4. The boat, trailer or recreational vehicle is not used for living, sleeping, or housekeeping purposes; and

5. The boat, trailer or recreational vehicle is currently registered and licensed, as required by state law.

In addition to meeting the off-street parking requirements of this section, establishments with drive-through facilities shall comply with the following minimum vehicle stack space standards:

6. Stack Space Schedule

a. Fast-food restaurants, 110’, measured from the order station.

b. Banks, 70’, measured from the teller drop.

c. Automatic car wash, 50’, measured from the entrance.

d. Other uses, 30’, measured from the pick-up window.

7. Design and Layout. Vehicle stack spaces shall be subject to the following design and layout standards:

a. Stack spaces shall be designed so as not to impede pedestrian access to the building; on and off site traffic movements; or movements into or out of parking spaces.

b. Stack space lanes shall be a minimum of eight feet (8’) wide, and shall be separated from other internal driveways with painted lines or curbing.

c. Driveways and Access

1. Access to property shall be allowed only by way of driveways, and no other portion of the lot frontage shall be used for ingress or egress. Continuous curb cuts are prohibited.

2. Driveway design shall be such that minimization of interference with through street traffic is achieved, and shall be subject to site plan approval.

The types of vehicles that a driveway is intended to serve shall be a prime factor in determining the acceptable radii of driveways.

3. At least one driveway shall be permitted for each lot.

4. Driveways shall be located a minimum of twenty feet (20’) from the side property lines. A separation of forty feet (40’) is required between the driveways on one lot and the driveways on the adjacent lots. Driveways on the same lot shall be no closer than forty feet (40’) to each other.

Driveways on corner lots shall be located as far away from the intersection as possible. In no case shall a driveway be installed closer than five feet (5’) to the beginning of the curb radius.

d. Ingress/Egress Driveway Width. The width of the driveway throat shall not exceed forty feet (40’) in width. Driveway lanes shall be a minimum of thirteen feet (13’) in width and shall not have more than three (3) lanes in one entrance/exit.

e. Dumpster Screening. Dumpsters located in any district shall be completely screened from view on all sides visible to the public by a fence or wall with a minimum height of six feet (6’), or one foot (1’) taller than the dumpster, whichever is greater. The fence or wall shall provide complete visual screening of the dumpster, and be compatible in material and color with the principal structure on the lot.

f. Corner Visibility. On corner lots at intersecting two-way street, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet (2’) and eight feet (8’) above curb grade with the triangular area formed by an imaginary line that follows street side property lines, and a line connecting them, twenty-five feet (25’) from their point of intersection. This sight triangle standard may be increased by the town in those instances deemed necessary for promoting traffic safety, and may be lessened at intersections involving one-way streets.

g. Fences.

1. Fences shall not exceed eight feet (8’) unless approved by the Town Council; provided fencing around tennis courts and other recreational amenities, shall be exempt from this height limit.

2. Fences shall comply with the corner visibility standards of (f) above.

3. Fences in all residential zoning districts shall be constructed so that the horizontal and vertical support posts are inside the fence area or hidden from view of those outside the fenced area. This requirement shall not apply to fences that abut nonresidential zoning districts or in situations where the owner of the lot adjacent to the fence agrees to a plan for placing support posts on the “outside” of the fence. All exposed steel, except galvanized metal, shall have a color finish coat applied to them and be preserved against rust and corrosion.

4. All fences shall be maintained in their original upright condition. Fences designed to be painted or have other surfaces finishes shall be maintainedin their original condition as designed. Missing boards, pickets, or posts shall be replaced in a timely manner with material of the same type and quality.

5. Barbed wire and electric fences shall be prohibited on all lots of less than one (1) acre in area.

Section 11. Amendments

The regulations, restrictions, and boundaries set forth in this ordinance may from time to time be amended, supplemented, changed, or repealed. Such changes may be initiated by the Town Council; provided also, that the owner of record of property may petition for zoning district boundary changes for their property.

All proposed changes, additions, and amendments shall be submitted in writing to the Town Council for public hearing and final disposition. Said submittal shall include a statement and drawings, if appropriate, explaining the proposed changes.

No action to make changes in the Ordinance or Map shall be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days notice of the time and place of such hearing shall be published by the applicant for a re-zoning in a newspaper of general circulation in the town.

Individual property owners applying for changes to the Official Zoning Map shall present evidence, at least ten (10) days prior to the required public hearing, that all property owners within two hundred (200) feet have been notified of the proposed change and of the time, date, and place of the public hearing.

Public hearings relative thereto shall be held at Town Council meetings.

Following public hearing, proposed amendments and changes may be approved

as presented or in modified form by a majority vote of the Council’s membership.

If the Council disapproves or denies a proposed amendment or change, the reasons for such shall be given in writing to the petitioner within fifteen (15) days from the date of the decision. The petitioner may appeal such Council action to a court of record having jurisdiction within thirty (30) days of the Council’s action.

No application for a change of the Zoning Map shall be resubmitted within twelve

(12) months from the date of the action of the Town Council unless the Council finds that a substantial change in conditions has occurred.

PASSED AND APPROVED THIS 20th DAY OF February 2007.

 

Avoca, Arkansas, P.O. Box 160 72711

 

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