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Little Flock Municipal Code: Zoning

City of Little Flock, AR Posted on by

TITLE 14

ZONING

Chapters:

14.04 Zoning Ordinance
14.08 Flood Damage Prevention Program
14.12 Signs
14.16 Annexing and Re-Zoning of Property

CHAPTER 14.04

ZONING ORDINANCE

Sections:

14.04.01 Zoning map
14.04.02 Zoning districts established
14.04.03 Zoning districts; character, permitted uses and area requirements
14.04.04 General regulations
14.04.05 Board of Adjustment
14.04.06 Enforcement
14.04.07 Definitions
14.04.08 Building permit
14.04.09 Septic tanks

Purpose: The Planning & Zoning Commission shall prepare zoning regulation and recommendations which are enacted for the physical development of the City of Little Flock, AR. These recommendations may include, among other things, the general location and extent of streets and other public ways, grounds, places, and spaces within the city to effectuate the adopted Land Use along with Major Street, and Community Facility Plans. The priority of the commission should be to promote the health, safety, and general welfare of the citizens of Little Flock as well as maintain efficiency and economy in the process of development. The provisions set forth in these regulations have been prepared in accordance with the authority for zoning, granted by the legislature of the state of Arkansas a provided by Act 186 or 1957, as amended.

Jurisdiction: The jurisdiction of these regulations shall pertain to all lands located within the city limits of Little Flock, AR. These regulations shall also apply to any future land added to the city for whatever reason in perpetuity and will be governed as such.

Intent: The intent of the Planning & Zoning Commission of Little Flock is to designate and assign zoning districts within its jurisdiction. These districts are determined to guide the future growth and development of the city.

14.04.01 ZONING MAP:
1. The City of Little Flock shall maintain a map adopted by the City Council and certified by the Mayor and the Recorder/Treasurer to include designated zoning districts of the city. Updates to the map will be required at least semi-annually to provide current data that will enable the city leadership to formulate accurate and qualified judgement within the zoning regulations. The Zoning Map shall be kept and maintained by the City of Little Flock and shall be available for inspection and examination by members of the public at all reasonable times as any other public record. (Ord. No. 93-96, Secs 1-2.)

14.04.02 ZONING DISTRICTS:
A. The following zoning districts are hereby established and adopted by the city of Little Flock

1. Agricultural (A-1)
2. Residential Estates (RE)
3. PUD – Planned Unit Development
4. Residential (R-1, R-2, R-3, M-1)
5. Commercial (C-1, C-2, C-3)
6. Industrial (I-1, I-2, I-3)
7. Short-Term Rental (STR)
8. Food Truck Use

Application:

1. The area requirements in each zoning district shall be applied uniformly within the zoning district except as may be varied by the Board of Adjustment.

2. The permitted uses establish the character of the zoning district.  Any proposed use that is not specifically permitted in a district, the Planning Commission shall determine whether said use is compatible (i.e., in character with other uses in the district); and, if it decides in favor of said use, it shall authorize the use to be established for the request.  The Planning Commission shall decide each application on its own merit, taking into consideration such factors as existing uses, access, location, major streets, plans, etc.  The Planning Commission may impose conditions under which a use may be permitted in order to insure compatibility.  

3. All front, side, and rear yard setbacks established by this ordinance shall be measured from the planned right-of-way as shown in the Major Street Plan.

4. In all districts, any structure that exceeds 30 feet in height shall be required to setback 1 foot for each foot of height in excess of 30 feet (Ord. No. 34, Sec. 2)

5. Said districts are bounded and defined as shown on a zoning map adopted by the City Council and certified by the Mayor and Recorder/Treasurer, which accompanies and which, with all explanatory matter thereon, is hereby made a part of the zoning law and regulation of the City.

6. In interpreting and applying the provisions of this zoning ordinance, the provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not the intent of this zoning ordinance to interfere with or annul any easements, covenants or other agreements between parties or any Statute, local ordinance or regulation, except that, if this zoning ordinance imposes a greater restriction or higher standard, this zoning ordinance shall control.

Definitions:

Front Yard:  means a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot measured to the front property line.

Setback:  means the right-angled distance from a lot line or street boundary to the nearest part of a main building on the lot, typically the nearest corner of the structure measured to the nearest property line.

Side Yard:  means a yard extending from the front yard to the rear yard of a lot and from the side lot line of such lot to the nearest part of any building, structure or excavation on such lot measured to the side property line.

Side Yard on Street: means a corner lot, or a lot with front and side street. The Side Yard on Street is a yard
extending from the front yard to the rear yard of a lot and from the side lot line of such lot to the nearest part of
any building, structure, or excavation on such lot on the adjacent ‘Street Side’ of the building or structure measured
to the side property line.

Rear Yard: means a yard extending across the width of a lot between the rear lot line and the nearest wall of
any main building or structure on the lot measured to the rear property line.

Road Frontage: means the length or width of a parcel along the street adjacent to that parcel measured along
the line of the street.

14.04.03 ZONING DISTRICTS; CHARACTER, PERMITTED USES AND AREA REQUIREMENTS

1. Agricultural District:  This district is intended to provide for a full range of agricultural purposes.
“A-1” Agricultural District:  

Permitted Uses:  

a. The growing of any crops, raising of livestock, agricultural related buildings. dairy farming, poultry, game birds, pasturing of livestock and all uses commonly classed as agricultural with no restrictions as to operation of such vehicles or machinery as are customarily incidental to such uses and with no restrictions as to the sale or marketing of products raised on the premises.
b. Any use permitted in “R-1” District
c. Uses may be approved by appeal to the commission:

.Churches
i.Public Schools and other public facilities
ii.Public parks or recreation areas operated by membership organizations.

d. Minimum requirements:

Uses

Minimum Land Area

Front Yard Setback

Side Yard Setback

Rear Yard Setback

Minimum Public Road Frontage

Ag with Structure

3 Acres

30′

25′

25′

150′

Churches

3 Acres

30′

25′

25′

200′

Public Facilities

No Minimum

30′

20′

20′

0′

Agriculture with no Structure

3 Acres

na

na

na

150′
1. Residential District:  This district is intended to provide for residential development
2.1.1 “RE” Residential Estates
2.1.2  Flag Lots
2.1.3 “R-1” Single Family Residential 
2.1.4 “R-2” Two to Four Family Units
2.1.5 “R-3” Multi-Family Housing
2.1.6 “M-1” Mobile Home
2.1.7 “PUD” Planned Unit Development  
 
2.1 RE Residential Estates:  Intended to provide for and protect the rural residential environment of the city of Little Flock. It is established for areas particularly suited for rural residential uses on larger lots in conjunction with the raising of crops and animals and other related activities.
1. A single dwelling shall be on its own lot or parcel of land including all required yard areas consisting of at least 2.5 acres. A drainage study obtained from the county shall be required before a building permit will be issued.
a. Accessory uses, building, and structures if they are clearly incidental to a permitted use and when placed upon the same lot or parcel with a permitted use, and when located not less than thirty (30) feet from the R-O-W of any public street or highway.
1. The following accessory uses may be permitted in conjunction with a residential dwelling for the use of the family residing on the lot or parcel, as an incidental use, but not for commercial purposes:
(1) Farming including all types of agriculture and horticulture such as flower, fruit, and vegetable gardening, field crops, vineyards and orchards.
(2) Small livestock farming involving the keeping of no more than one head per acre of cows, horses, sheep, goats, pigs or similar animals, provided they are properly fenced in or otherwise confined.
(3) Stables, barnyards, and corrals.
(4) Other uses permitted include:
a. arboretum
b. fish and game management facilities
c. forest products (growing and harvesting)
d. municipal facilities/utilities
e. parkway
f. planned unit development (PUD)
h. playground
i. water reservoir, open (farm pond)
j. watershed conservation or flood control, drainage and irrigation structures
 
2.1.1 RE Residential Estates Use upon Review: The following uses and their accessory uses may be permitted subject to securing a Conditional Use Permit by the Planning & Zoning Commission in each case:

 

  1. Schools and churches (including elementary, junior high, high school, kindergarten, day care centers and mini-day care programs);
  2. Riding and boarding stables (including breeding of animals) on a commercial basis with a minimum land area of five (5) acres, including farrier and training.
  3. Greenhouse and nurseries (commercial) when located not less than fifty (50) feet from any adjoining property held under separate ownership.
  4. Radio transmitters or towers of any kind.
  5. Dog kennel, which is defined as owning three (3) or more adult dogs or producing two (2) or more litters per year.
  6. Cattery, which is defined as owning three (3) or more adult cats or producing two (2) or more litters per year.
  7. Veterinary clinics, and animal hospitals for livestock.
  8. Guesthouse and other resident quarters, provided that such building is not rented or leased separate from the main building.
  9. Bed and breakfast facility, or other structures that produce income 
 
D. Off-street parking
2 spaces per each dwelling unit
1 space per 40 sq. ft. of chapel or sanctuary floor area
1 space per 1200 sq. ft. of floor area for elementary & junior high school
1 space per 800 sq. ft. of floor area plus 1 space per each 4 stadium seats for senior high school
(Ord. No. 94-115, Sec. 1.)
 
Minimum Area Requirements
*Off-street parking may be allowed in the required front yard subject to review and approval of design by the Planning Commission.
 
2.1.2  Flag Lots:
A “Flag Lot” is a lot that in its shape resembles a flag on a pole, where the flag part is the main body of the lot, and the pole part is the narrow portion of the lot that provides access from the street. The pole portion of the lot is not used to calculate area, width, depth, and setbacks of the lot or to provide off-street parking requirements. Flag lots are permitted when a parcel lacks sufficient street frontage for a lot or parcel. This parcel may be subdivided to create a flag lot, provided the access drive for the flag lot shall be the sole access for no more than two lots and shall have a minimum width for fire access road.
 
  1. Unless otherwise approved by the Planning & Zoning Commission, a flag lot shall serve no more than two single-family dwellings.  Each dwelling unit must be situated on a minimum parcel of at least 2.5 acres.  
  2. Flag lots will only be used in R1, RE, or Agricultural Districts. A flag lot may be utilized if the lots access conforms to the current fire code, utility design criteria, and requirements for access.
  3. All addresses for residential lots utilizing a flag lot design must be displayed at their closest point of access to a public street for emergency responders.
  4. All applicants wishing to utilize a flag lot design must submit a driveway plan and a utility plan for review and approval. 
 
2.1.3  R-1 Residential:  The “R-1” Residential District is intended primarily for the promotion and proper
development of low-density areas of single-family dwellings. It also shall provide for those uses which 
reinforce residential neighborhoods.
 
Uses Permitted: In the “R-1” Residential District, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:
  1. Single-family dwellings, but not including trailer houses or mobile homes.
  2. Public schools and institutions of higher education, public facilities with appeal to the Board of Adjustments
  3. Public parks and public playgrounds.
  4. Customary home occupation, provided there shall be no external evidence of such business occupations.
  5. Temporary building for uses incidental to construction work, which buildings shall be immediately adjacent to said construction work and which buildings shall be removed upon completion or abandonment of the construction work.
  6. Other customary accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building.
  7. The area and sanitation system requirements as approved by the County and/or State Health Officer and Zoning and Planning Commission.
 
Each lot shall have front, side, and rear yards not less than the depth or width following:
Single Family Residential:
a.  Minimum land area shall be 43,560 sq ft (1 acre)
b. Front yard shall have a minimum depth of thirty (30) feet
c. Each side yard width to be a minimum of 20 feet with a minimum of 30 feet on the side of the
yard adjacent to a street.
d. Rear yard shall have a minimum depth of twenty-five (25) feet
e. Minimum lot frontage in “R-1” district is 100 ft with municipal sewer and 150 on septic
f. Minimum land area sq ft per D.U. is 12,000 ft

 

Church or Public School:  Minimum Requirement for churches and schools are as follows:
a. Minimum land area shall be 43,560 sq ft (1 acre)
b. Front yard shall have a minimum depth of thirty (30) feet
c. Each side yard width to be a minimum of 25 feet with a minimum of 30 feet on the side of the 
yard adjacent to a street.  
d. Rear yard shall have a minimum depth of twenty-five (25) feet
e. Minimum lot frontage in “R-1” district is 100 ft for single family and 200 ft for churches or 
    schools when on a municipal sewer system.  Minimum is 150 ft for single family and 200 ft for 
    churches or schools when on a septic system.
 
Public Facilities:  Minimum Requirement for public facilities are as follows:
a. No minimum land area required
b. Front yard shall have a minimum depth of thirty (30) feet
c. Each side yard width to be a minimum of 20 feet with a minimum of 30 feet on the side of the 
yard adjacent to a street. 
a.   Rear yard shall have a minimum depth of twenty-five (25) feet  
          
Minimum area Requirements for uses on a septic system: 
 
* Lot sizes shown are minimum and may be increased for individual lots based upon State Health Department  requirements for septic tank installation.  (Ord No 93-97, Sec 2)
 
Variance. In the event that a request for a building permit has been denied by the City, variances to the requirement of this Section may be granted by the Board of Adjustments to insure conformity to the intent of this Section.
 
Off Street Parking:
2 spaces per each dwelling unit

 

1 space per 40 sq ft. of chapel or sanctuary floor area
1 space per 1200 sq ft of floor area for elementary & junior high school
1 space per 800 sq ft of floor area plus 1 space per each 4 stadium seats for senior high school
2.1.4  R-2 Residential:  The “R-2” Residential District is intended primarily for the promotion and proper 
development of moderate density residential areas consisting of primarily two-family to four-family dwelling units (duplexes, triplexes, and quadraplexes).   This district may include entire neighborhoods or, may provide a “buffer” district between lower and higher density residential districts or between R-1 and Commercial Districts.
 
1. All uses permitted in “R-2” Districts, subject to all the restrictions specified in said “R-1” Districts.
2. Two-four family dwellings, but not including mobile or manufactured homes.
3. Variances – same as “R-1” District.
Minimum area Requirements:  For uses on Septic System:
* Lot sizes shown are minimum and may be increased for individual lots based upon State Health Department requirements for septic tank installation.  (Ord No 93-97, Sec 2)
 
2.1.5  R-3 Residential:  The “R-3” Residential District is intended primarily for the promotion and proper 
development of high-density residential areas with residential options including single-family dwellings, two-family dwellings (duplexes), condominiums and garden apartments along with facilities necessary to support a balanced residential community.
1. All uses permitted in “R-3” Districts, subject to all of the

 

restrictions specified in R-1 and R-2.
2. Multiple-family dwelling, apartment house.
3. Rooming or boarding house.
4. Institution of an educational or philanthropic nature.
5. Variances – same as “R-1” District.
6. Nursing home or home for the aged are permitted upon appeal to the Board of Adjustments.
 
*Off-Street in front yard subject to review and approval of the Planning Commission
 Off Street Parking Requirements:  
2 spaces per each dwelling unit
1 space per 40 sq ft of chapel or sanctuary floor area
1 space per 1200 sq ft of floor area for elementary & junior high schools
1 space per 800 sq ft of floor area for senior high school
1 space per 4 seating capacity for stadium or arena
Handicapped Parking:  Handicap Parking:  (12’ width minimum w/curb ramps)
 
2.1.6  M-1 Mobile or Manufactured Home Districts:  The “M-1” Mobile Home District is intended primarily for management of medium density residential areas of mobile or manufactured homes which is compatible with surrounding residential neighborhoods. The Mobile Home District is residential in nature and should be located where services and amenities for this type of development are available.  It is not the intent to allow any additional mobile homes within the Little Flock jurisdiction unless located in an existing mobile home park.  If any mobile homes are removed from existing locations, they should not be replaced by a mobile or manufactured home.
 
Definitions:

 

 

Mobile Home: A factory assembled single family dwelling unit built prior to the 1976 passage of the HUD 
Code. 
Manufactured Home: “a detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or a flatbed or other trailer, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer or recreational vehicle is not to be considered a mobile home.”
• All dwellings manufactured off-site shall meet or exceed the “National Manufactured Housing Construction and Safety Standards Act of 1974, as amended. 
• The manufactured, modular, and the site-built home shall be placed on a permanent foundation in compliance with the International Building Code as adopted by the City.
• The manufactured and modular home shall be anchored to the ground in accord with approved manufactured home installation standards. 
• All transport elements such as wheels, axles and hitch shall be removed from the home except those which are sited in a (land-lease) mobile home park.  No vehicle with permanent wheels shall be utilized as a residence in the City of Little Flock except in a mobile home park or in a “travel trailer park”.
 
Permitted Uses for Mobile or Manufactured Homes
1.  Mobile home parks.
 
Modular home: means a dwelling which is prefabricated, or factory built, and which is assembled on the parcel in sections, but such sections or units will have no chassis, running gear, nor wheels of its own, and the sections may be stacked side-by-side or vertically.  A modular home is a Single Detached Dwelling that is required to meet the local, state, and regional building code standards.
• Modular homes are considered site-built for the purposes of zoning.
 
Permitted Uses for Modular Homes
1.  All uses permitted in a “R-1” Residential District
 
3. “PUD” Planned Unit Development District:  
The “PUD” District is established to permit greater flexibility and more creative and imaginative design for the development of residential, commercial and industrial areas than may be possible in their respective zoning districts. The “PUD” District is intended to promote a harmonious variety of land use choices, a higher level of amenities and preservation of natural qualities of open spaces and should be used sparingly. Within the “PUD” District a variety of land uses may be permitted in an orderly relationship to one another and to existing land uses. The “PUD” District must be of a minimum acreage or lot size as required by the Planning & Zoning Commission. The land uses permitted in this district and lot and structure requirements shall be as set forth by the Planning & Zoning Commission.
 
PUDs may be residential, commercial, industrial, or mixed-use in nature. The development plan shall clearly depict the proposed land uses. There are no minimum lot size restrictions for PUDs; however, the Planning Commission will consider PUDs on less than one acre only under special circumstances.

 

 
4. Commercial Districts:  This district is intended to provide for commercial development.
3.1 “C-1” Neighborhood Commercial District
3.2 “C-2” General Commercial District
3.3 “C-3” Planned Shopping District
 
4.1   C-1 Commercial:  The “C-1” Neighborhood Commercial District is for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational, and educational elements, more restrictive requirements for air, light, open space, and off-street parking are made than are provided in other commercial districts.
 
Permitted Usages in a “C-1” District are limited to the following unless approved by appeal to the Board of Adjustments
1. Retail and drug stores
2. Storage Facilities
3. Personal service usage including beauty parlor, barber shop, accountants, lawyers, insurance agents, tanning shops, flower shops, shoe repair, horse & tack shop, and other service companies approved by the Planning Commission
4. Laundromat and dry cleaners
5. Restaurants, Café’s, and lunchrooms.
6. Bed & Breakfast
7. Small engine repair and sales
8. Automobile parking lot or parking garage
9. Retail or service uses that are necessary for convenience of residential districts subject to the review by the Board of Adjustments to insure conformity to the intent of this Chapter.
 
Yard required. Each lot shall have front, side and rear yards not less than the depth or width following:
a. Front yard depth of fifty (50) feet
b. Side yard depth of fifteen (20) feet, except that where the property abuts a residential district, a side yard shall be required the same as required in the district it abuts.  
c. Rear yard depth of twenty-five (25) feet, except that where the property abuts a residential district, a rear yard shall be required the same as required in the district it abuts. The rear yard must be kept free and clear of obstruction for fire access unless it abuts an alleyway that can be used for this purpose.