Little Flock Municipal Code: Zoning - City of Little Flock, AR

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; jurisdiction; intent

Purpose. The zoning regulations set forth herein are enacted to enable the city of Little Flock to effectuate their adopted Land Use, Major Street and Community Facilities Plans thereby promoting the health, safety and general welfare of the citizens. 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 as provided by Act 186 or 1957, as amended.

Jurisdiction. The jurisdiction of these regulations shall include all land in the city limits of Little Flock. These regulations shall also apply to any land added to the city limits, for whatever reason, after the adoption of this ordinance.

Intent. It is the intent of the city of Little Flock to provide the necessary zoning districts to guide the anticipated future development, however, the initial zoning map will take into account the existing land use, rather than the planned land use identified on the adopted Land Use Plan. Subsequent amendments to the Zoning Map will be evaluated for their impact on existing land use and conformance to the Land Use Plan. (Ord. No. 34.)

14.04.01 Zoning map. The city of Little Flock zoning map recommended by the city of Little Flock Planning Commission is hereby adopted by reference as the official zoning map for the city of Little Flock. The Mayor and the Recorder/Treasurer are hereby authorized to sign the zoning map to show adoption of it by the city of Little Flock. (Ord. No. 93-96, Secs. 1-2.)

14.04.02 Zoning districts established

A. Zoning districts. The following districts are hereby established: R-1 Residential; R-1B Residential, R-2 Residential; R-3 Multi-Family Residential, R-MH Residential Manufactured Homes, R-E Residential Estates, C-General Commercial; I-Industrial; A-Agricultural. (Ord. No. 93-97, Sec. 1.)

B. 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 authorized the use to be established. The Planning Commission shall decide each application on its merits, 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 which 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.)

14.04.03 Zoning districts; character, permitted uses and area requirements

R-1 Residential Intended to provide for single-family residential development and public buildings and open space.

A. Permitted uses: Intended to provide for single-family residentialdevelopment and public buildings and open space.

B. Uses by appeal to Planning Commission: Church, school, other public buildings and open to space and accessory structures or uses to principal uses.

C. Minimum area requirements: For uses on a municipal sewer system

Uses R-1	Minimum land area sq. ft.	Minimum land area sq. ft. per D.U.	Front yard	Rear yard	Side yard	Side yard on street	Minimum lot frontage R-1
Single-family	43,560	12,000	30	25	15	30	100
Church or school	43,560		30*	25	25	30	200
Public facilities			30*	25	25	30

(Ord. No. 2006-296, Sec. 2.)

D. Minimum area requirements: For uses on septic tank

Uses R-1	Minimum land area sq. ft.	Minimum land area sq. ft. per D.U.	Front yard	Rear yard	Side yard	Side yard on street	Minimum lot frontage R-1
Single-family	43,560	43,560	30	25	15	30	150
Church or school	43,560		30*	25	25	30	200
Public facilities			30*	25	25	30

*Off-street parking may be allowed in the required front yard subject to review and approval of design by the Planning Commission.

**The lots sizes shown are minimum and may have to be increased for individual lots based upon State Health Department requirements for septic tank installation.

E. 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

R-1B Residential Intended to provide for single family residential development on smaller lots to encourage a full range of housing of opportunity.

A. Permitted uses: Single-family homes, and accessory structures
or uses to the principal use.

B. Uses by appeal to Planning Commission: Churches, schools, public facilities, utility substations, crop farming, gardening and accessory
structures or uses to the principal use.

C. Minimum area requirements: For uses on a municipal sewer system.

Uses

R-1B

Minimum

land area

sq. ft.

Minimum

land area

sq. ft.

per D.U.

Front

yard

Rear

yard

Side

yard

Side yard

on street

Minimum lot

frontage R-1B

Single-family

43,560

5,000

Church or school

43,560

30*

200

(Ord. No. 2006-296, Sec. 2.)

*Off-street parking may be allowed in the required front yard subject to review and approval of design by the Planning Commission.

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 school1 space per 800 sq. ft. of floor area plus 1 space per each 4 stadium seats for senior high school (Ord. No. 90-56, Sec. 2.)

R-2 Residential Intended to provide for a variety of residential development and public buildings and open space.

A. Permitted uses: Single-family homes, duplex and accessory
structures or uses to the principal use.

B. Uses by appealto Planning Commission: Churches, schools, public facilities and accessory
structures or uses to the principal use.

C. Minimum area requirements: For uses on a municipal sewer system.

Uses R-2	Minimum land area sq. ft.	Minimum land area sq. ft. per D.U.	Front yard	Rear yard	Side yard	Side yard on street	Minimum lot frontage R-2
Single-family	43,560	10,000	30	25	15	30	150
Duplex	87,120	43,560	30	25	15	30	150
Church or school	43,560		30*	25	25	30	200
Public facilities			30*	15	15	30

(Ord. No. 2006-296, Sec. 2.)

D. Minimum area requirements: For uses on septic tank.

Uses R-2	Minimum land area sq. ft.	Minimum land area sq. ft. per D.U.	Front yard	Rear yard	Side yard	Side yard on street	Minimum lot frontage R-2
Single-family	43,560	43,560	30	25	15	30	150
Duplex	43,560	21,780	30	25	15	30	150
Church or school	43,560		30*	25	25	30	200
Public facilities			30*	15	15	30

(Ord. No. 2006-296, Sec. 2.)

*Off-street parking may be allowed in the required front yard subject to review and approval of design by the Planning Commission.

**The lots sizes shown are minimum and may have to be increased for individual lots based upon State Health Department requirements for septic tank installation. (Ord. No. 93-97, Sec. 2.)

E. Off-street parking

R-3 Residential Intended to provide for high density multi-family developments and public buildings and open space.

A. Permitted uses: Single-family homes, multi-family dwellings and accessory structures or uses to the principal use and uses by appeal to the Planning Commission.

B. Minimum area requirements: For uses on a municipal sewer system.

Uses R-3	Minimum land area sq. ft.	Minimum land areasq. ft. per D.U.	Front yard set-back	Rear yard set-back	Side yard set-back	Side setback on street	Minimum lot frontage R-3
Single-family	43,560	12,000	30	25	15	30	100
Duplex	87,120	43,560	30*	25	15	30	150
Multi-family	43,560	43,560	30*	25	15	30	150
Church or school	43,560		30*	25	25	30	200
Public facilities			30*	25	25	30

(Ord. No. 2006-296, Sec. 2.)

*Off-street in front yard subject to review and approval of the Planning Commission.

C. 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 for senior high school
1 space per 4 seating capacity for stadium or arena

D. Handicap parking spaces (12′ width minimum w/curb ramps)

Total spaces in lot – Number of reserved handicap spaces required

up to 25 – 1
26 to 50 – 2
51 to 75 – 3
76 to 100 – 4
101 to 150 – 5
151 to 200 – 6
201 to 300 – 7
301 to 400 – 8
401 to 500 – 9
501 and up – 2% of total

E. Lot coverage
60% of the lot may be covered by buildings.

F. Solid waste collection
Subject to review and approval of design by Planning Commission.

G. Fire hydrants
Subject to review and approval of design by Planning Commission.

H. Parking lot, street and open area lighting
Subject to review and approval of design by Planning Commission.

I. Landscaping
One tree or shrub for each 2,500 sq. ft. of developed area.
Existing trees subject to approval. Minimum 15% of developed area to be open green space.

J. Minimum 50 ft. between buildings

K. No building to exceed two stories in height.

L. Maximum 16 dwelling units per building.
(Ord. No. 86-46, Sec. 3.)

R-MH Residential Manufactured Homes Intended to provide for affordable family housing in manufactured homes in order to encourage a full range of housing opportunities.

A. Permitted uses: Single-family manufactured homes, manufactured h home subdivisions and accessory uses including private garages, storage facilities, children’s play houses and green houses.

B. Uses by appeal to Planning Commission Churches, school, public facilities, utility substations, crop farming gardening, and manufactured home parks.

C. Prohibited uses No travel trailer, recreational vehicle or other such trailer or vehicle shall be occupied as a residence except on a temporary basis. No mobile home, as defined in the definitions to this Zoning Ordinance, shall be allowed in this zone.

D. Minimum area requirements: For uses on a municipal/private sewer system.

Uses R-MH	Minimum land area sq. ft.	Minimum land area sq. ft. per D.U.	Front yard	Rear yard	Side yard	Side yard on street	Minimum lot frontage R-2
Manufactured home	43,560	43,560	30	25	15	30	150
Manufactured home park	43,560	43,560	50*	50	15	50	200
Manufactured home subdivision	43,560	43,560	50*	50	15	50	200
Church or school	43,560		30*	25	25	30	200
Public facilities			30*	25	25	30

(Ord. No. 2006-296, Sec. 2.)

E. Minimum area requirements: For uses on septic tank.

Uses R-MH	Minimum land area sq. ft.	Minimum land area sq. ft. per D.U.	Front yard	Rear yard	Side yard	Side yard on street	Minimum lot frontage R-2
Manufactured home	43,560	43,560	30	25	15	30	150
Manufactured home park	87,120	43,560	50*	50	15	50	200
Manufactured home subdivision	87,120	43,560	50*	50	15	50	200
Church or school	43,560		30*	25	25	30	200
Public facilities			30*	15	15	30

*Off-street parking may be allowed in the required front yard subject to review and approval of design by the Planning Commission.

**The lots sizes shown are minimum and may have to be increased for individual lots based upon State Health Department requirements for septic tank installation.
(Ord. No. 93-97, Sec. 6.)

F. Off-street parking

R-E Residential Estates Intended to provide for and protect the rural residential environment. 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.

A. Permitted uses: In the residential Estates Zone, the following uses and their accessory uses are permitted on each lot:

1. One single-family dwelling. Each dwelling shall be on its own lot or parcel of land including all required yard areas. A drainage study obtained from the county shall be required before a building permit will be issued.

2. 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.

3. 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:

arboretum
fish and game management facilities
forest products (growing and harvesting)
municipal facilities/utilities
parkway
planned unit development
play field
play ground
water reservoir, open (farm pond)
watershed conservation or flood control, drainage and irrigation structures

B. Uses by appeal to the Planning Commission The following uses and their accessory uses may be permitted subject to securing a Conditional Use Permit in each case:

1. Schools and churches (including elementary, junior high, high school, kindergarten, day care centers and mini-day care programs);

2. Grange halls and community centers;

3. Power plants, pumping plants, substations and transmission lines;

4. 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;

5. Home occupations if carried on in any accessory building;

6. Greenhouse and nurseries (commercial) when located not less than fifty (50) feet from any adjoining property held under separate ownership;

7. Radio transmitters or towers;

8. Public or quasi-public buildings, including:

art gallery or museum
college or university
convalescent home
detention home
fire station
hospital
library
police station

9. Dog kennel, which is defined as owning three (3) more adult dogs or producing two (2) or more litters per year;

10. Cattery, which is defined as owning three (3) or more adult cats or producing two (2) or more litters per year.

11. Veterinary clinics, and animal hospitals for livestock;

12. Guesthouse and servant’s quarters, provided that such building is not rented or leased separate from the main building;

13. Bed and breakfast facility;

14. Real estate sales office;

15. Athletic club;

16. Fishing dock;

17. Golf course;

18. Private club, lodge or recreational camps (public service organizations such as Scouts);

19. Swimming pool (other than for residential use);

20. Tennis court (other than for residential use);

21. Electric regulating station;

22. Public utility maintenance building;

23. Hunting and fishing camps;

24. Professional offices in a residence.

C. Minimum area requirements: For uses on a municipal sewer system

Uses R-E	Minimum land area sq. ft.	Minimum and area sq. ft. per D.U.	Front yard	Rear yard	Side yard	Side yard on street	Minimum lot frontage R-E
Single-family	108,900	108,900	30	25	15	30	150
Church or school	108,900		30*	25	25	30	200
Public facilities			30*	25	25	30

*Off-street parking may be allowed in the required front yard subject to review and approval of design by the Planning Commission.

D. Off-street parking

C-General Commercial Intended to provide for business and services, building are, off-street parking, drives and lot areas.

A. Permitted uses: The following uses are the permitted uses in the C District, however, it is not intended that the district be limited to just these uses (See Section 14.04.02, (A), (1).) Retail stores, service establishments, offices, automobile sales, motels, carwashes, cafes, service stations, farm implement sales and storage and similar uses.

B. Uses by appeal to Planning Commission Residential & public facilities

C. Minimum area requirements:

Uses C	Front yard	Side yards	Rear yards
All commercial uses	50′	15′	25′
Public facilities	30′	15′	25′

D. The Planning Commission shall impose the minimum area requirement and parking requirements of the R-1 or R-2 Districts, for any residential use approved in the C-General Commercial District corresponding to the type of use requested and whether on sewer or septic tank.

E. Off-street parking: 1 space per 250 sq. ft. of floor area with a minimum of 5 spaces for any one use.

F. All fuel storage tanks larger than 60 gallons will be underground.

I -Industrial Intended to provide for the full range of industrial activities.

A. Permitted uses: The following uses are the permitted uses in the I-D District, however, it is not intended that the district be limited to just these uses (See Section 14.04.02, (A), (2).) Any use involving manufacturing,
compounding, processing, packaging, assembling out products, storage of broke materials, agricultural processing, and open storage yards.

B. Uses by appeal to Planning Commission Residential & public facilities

C. Minimum area requirements:

Uses I	Front yard	Side yards	Rear yards
All industrial uses	50′	25′	25′
Public facilities	50′	15′	25′

E. Coverage requirements: Lot coverage – structure or structures shall not cover more than 50% of the lot area.

F. Approval of industrial uses: All applications for permit for industrial use in the Industrial District shall be referred to the Planning Commission for its approval. The Planning Commission in approving an application for industrial use may require safeguards to insure that the general appearance, health, safety, and general welfare of the community is protected.

A -Agricultural Intended to provide for the full range of agricultural, open space and recreational activities and to protect flood areas from development or structures which would cause obstruction or create a hazard.

A. Permitted uses: The growing of any crops, the raising of livestock, agricultural related buildings, single-family dwellings, and accessory buildings.

B. Uses by appeal to Planning Commission Church and public facilities.

C. Minimum area requirements

Uses A	Land area	Front yard	Side yards	Rear yard	Minimum frontage
Agriculture with Dwelling & related Structures*	3 acres	30′	25′	25′	150′
Agriculture with No structures
Churches and Related facilities	2 acres	30′	25′	25′	200′
Public facilities		30′	15′	25′
Mobile home parks & Related structures*		30′	25′	25′	200′

D. Accessory uses that are incidental to a permitted use and not harmful to adjacent property or the character of the zone, shall be permitted.

*All related structures such as barns, shed, etc., shall be set back 100 ft. from the planned right-of-way of a public road. (Ord. No. 34, Sec. 3.)

14.04.04 General regulations

A. Annexed area. All territory which may hereafter be included within the zoning jurisdiction of Little Flock shall be annexed as A-Agricultural and shall be subject to the requirements of the Agricultural District unless the annexing ordinance accepts such annexed area in a district other than Agricultural. The annexed area shall continue in the A-Agricultural District until such time as this ordinance and the zoning map shall have been amended to zone such territory otherwise.

B. Occupation permitted in residential structures utilized for residential purposes in a residential district. An occupation may be carried on in a residential structure in the residential districts only when it:

1. Does not require the use of more than two (2) rooms otherwise normally considered as living space.

2. Does not require the use of an accessory building or yard space or an activity outside the main structure not normally associated with the residential uses.

3. Does not have a sign in excess of four (4) sq. ft. in areas to denote the business, occupation, or profession.

4. Does not involve the outside display of goods and services.

5. Does not employ people outside the immediate family.

C. Lot area. Only on a lot of record in the R-1 Residential District may a single-family structure be erected after review and approval by the Planning Commission even though the lot be of less area or width than required by these regulations, provided all other requirements are met.

D. Non-conforming*

1. Non-conforming use of land and structures may be continued and improved but not expanded so long as it remains otherwise lawful.

2. Once a non-conforming use is changed to a permitted use in the district, or discontinued for a period of one (1) year the non-conforming use shall not be re-established.

3. A non-conforming use can be changed to another non-conforming use, only if the use to which it is being changed has been determined by the Planning Commission to be a more appropriate use than the existing non-conforming use.

*All types of agriculture are classed the same and are interchangeable and do not fall under the provisions of 14.04.04 (D). (Ord. No. 34, Sec. 4.)

E. Mobile home parks

1. Generally. All manufactured home units shall meet the following criteria:

a. Be occupied only as a residence;

b. Be subject to all applicable provisions of the zoning ordinance, including having the land on which it is placed zoned R-MH.

c. Be placed on permanent foundations, on footings, on piers or on blocks in accordance with Arkansas state requirements or manufacturer recommendations, whichever are more stringent. Both the foundation system and connection of the manufactured home to the foundation system shall be capable of withstanding the design loads and concentrated loads identified in the installation instructions prescribed by the manufacturer;

d. Have a skirt at the perimeter of the unit composed of concrete or masonry material;

e. Be covered with a non-reflective exterior material customarily used on site-built dwellings, such as board siding, plywood siding, brick, or stucco; exterior brick or stucco material shall extend to the ground; other covering material need not extend below the top of the foundation and shall not be closer than eight (8) to the ground;

f. Have a pitched or peaked roof and covered with a non-flammable roof material used on site-built dwellings;

g. Be anchored to the ground in accordance with the Manufactured Housing Construction and Safety Standards Code and the manufacturers’ specifications;

h. Have wheels, axles and hitch mechanisms removed;

i. Have all pertinent utilities permanently connected in accordance with the Manufactured Housing Construction and Safety Standards Code and manufacturers’ specifications;

j. Have all accessory buildings architecturally compatible with the main structure.

2. Parks/subdivisions. Any manufactured home park/subdivision to be placed in Little Flock shall be subject to the review and approval of the Planning Commission.

a. Anyone desiring to develop a manufactured home park/subdivision in Little Flock shall file with the Planning Commission an application requesting the Commission’s review and approval. The applicant shall provide the Commission with the following information at the time of filing the application:

(1) Legal description, ownership, and general location of property;

(2) Sketch showing lot dimensions, number of manufactured home units to be placed, their arrangement on the lot, setbacks from exterior property lines, setbacks between individual units (units shall not be located closer than 30 feet), type and location of proposed utilities, location of existing improvements above and below the ground, proposed access, street right-of-way and any additional information the Commission might request concerning the property; and

(3) A list with addresses of abutting property owners, whether or not a street separates the property.

b. In the case of development of a manufactured home park, the developer shall be responsible for providing an on-site sewer system that meets all county and state health codes.

c. The Commission shall notify the abutting property owners by mail of the request and at the next regular meeting, unless the matter is continued for some reason, shall approve with or without conditions or deny with reasons, the request.

d. The same procedure as used in zoning matters shall be used for considering the request.

e. Any decision of the Planning Commission may be appealed to the City Council.

f. A request once denied shall not be reconsidered for a period of twelve (12) months from the date of denial unless the Commission finds substantial reason exists for waiving this limitation. (Ord. No. 93-97, Sec. 7.)

F. Fees. The applicant for a change in zoning shall pay (in addition to all required advertising costs) to the City Recorder/Treasurer a filing fee of Twenty-Five Dollars ($25.00) to cover such costs as may be incurred in connection with such application. Such fee is to be deposited in the General Fund of the city of Little Flock.

G. Amendments

1. The zoning regulation, when amended, shall be amended in one of the following methods:

a. In conformance with requirements of Act 186 of 1957, as amended, as required for the initial adoption of these zoning regulations, or

b. By a majority vote of the City Council, except that an amendment of the zoning map to rezone property shall not be accomplished by this method. (Ord. No. 109, Sec. 1.)

2. The Planning Commission shall establish the procedures for processing requests for revisions in the zoning regulations. In the case of a request for a change of zoning for a given piece of property, the applicant shall notify all persons who are known or are reasonably discoverable and whose whereabouts are known or are reasonably ascertainable and who lease or own property within three hundred (300) feet of the property proposed to be rezoned. The notice shall be on a form developed by the Planning Commission with appropriate blanks, and the blanks shall be filled in with information stating the nature of the proposed zoning change, the time and place of the public hearing on the proposed zoning change, the street address of the property to be rezoned, and the legal description of the property to be rezoned.

The applicant shall send such notice by certified or registered mail with a return receipt. At or before the public hearing, the applicant shall present the return receipts to the Planning Commission to prove that the notice was properly given. In addition, the applicant for a zoning change shall obtain from the city a sign to be placed on the property at least fifteen (15) days before the public hearing, which sign shall give notice of the public hearing. (Ord. No. 92-76, Sec. 1.)

3. No application for change of zoning for a given property may be resubmitted within twelve (12) months from the date of action by the Planning Commission or City Council, whichever is later, unless the Planning Commission or City Council finds that a substantial reason exists for waiving this limitation.

4. An applicant for a change of zoning or the applicant to the Board of Adjustment shall be required to reimburse the city of Little Flock for costs of public notices and the conducting of a public hearing.

5. Following disapproval of a proposed amendment by the Planning Commission, the petitioner may appeal such disapproval to the City Council, provided that the petitioner states specifically in writing to the City Recorder/Treasurer why he considers the Planning Commission’s findings and decision are in error. Such appeal shall be filed with the City Recorder/Treasurer within fifteen (15) days from the date of the Planning Commission action.

H. Campers and Recreational Vehicles. No one may live in a camper or a recreational vehicle within the city limits of Little Flock, except as follows:

1. Temporary Guest Housing. Persons visiting a resident of Little Flock may stay in a camper or recreational vehicle, provided that:

a. The stay is no more than (5) days.

b. The resident of Little Flock does not have someone visiting in a camper or recreational vehicle for more than (3) times in any calendar year, and

c. the camper or recreational vehicle is not parked on the street.

2. Temporary Housing During Home Construction. A person and his or her family may stay in a recreational vehicle, but not a camper, during the construction of the person’s home in Little Flock, provided that:

a. The person applies for and is granted a temporary housing permit by the Little Flock Planning Commission prior to occupying the recreational vehicle.b. The recreational vehicle is parked on the property on which the home is being constructed and not on the street.

c. No one but the person and his or her immediate family may occupy the recreational vehicle.

d. The maximum period of time that the recreational vehicle is used as temporary housing is six (6) months.

e. If the maximum period of time is inadequate, the person may apply to the Little Flock Planning Commission for an extension of up to an additional six (6) months.

3. Temporary Housing After Home Fire or Other Casualty. A person and his or her family may stay in a camper for up to two (2) weeks or a recreational vehicle for up to six (6) months after a fire or other casualty destroys or substantially damages the person’s home in Little Flock, provided that:

a. That within one (1) week after so occupying a camper or recreational vehicle, the person applies for a temporary housing permit from the Little Flock Planning Commission.

b. If the Little Flock Housing Commission does not grant the temporary housing permit, the person shall immediately cease to occupy the camper or recreational trailer.

c. The camper or recreational vehicle is parked on the property which the home was destroyed or substantially damaged and not on the street.

d. No one but the person and his or her immediate family may occupy the camper or recreational vehicle.

e. The maximum period of time that the camper and/or recreational vehicle is used as temporary housing is a total of six (6) months. The use of a camper for the first (2) weeks shall not extend the maximum time.

f. If the maximum period of time is inadequate, the person may apply to the Little Flock Planning Commission for an extension of up to an additional six (6) months.

14.04.05 Board of Adjustment

A. Designation, organization, meetings of the Board

1. The Board of Adjustment, hereinafter referred to as “The Board,” shall consist of the members of the Planning Commission.

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

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

B. Appeals. Decisions with respect to enforcement and administration of these regulations may be appealed to the Board. The Board may affirm or reverse, in whole or part, the decision of the Enforcement Officer.

C. Variances. The Board may hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the zoning ordinances 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 the zoning ordinance. The Board shall not permit, as a variance, any use in a zone that is not permitted under the regulations. The Board may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.

D. Fees. The applicant to the Board of Adjustment shall pay (in addition to all required advertising costs) to the City Recorder/Treasurer a filing fee of Twenty-Five Dollars ($25.00) to cover such other costs as may be incurred in connection with such appeal. Such fee is to be deposited in the General Fund of the city of Little Flock.

E. Appeals. The decision of the Board in respect to appeals from the decision of the Enforcement Officer and to request for variances shall be subject to appeal only to a court of record having jurisdiction. (Ord. No. 34, Sec. 5.)

14.04.06 Enforcement

A. The provisions of this ordinance shall be administered by an Enforcement Officer designated by the City Council.

B. No structure shall be erected, moved, added to, or structurally altered without a building permit. All applications for building permits shall provide such information as is necessary to determine conformance with these regulations.

C. If an Enforcement Officer finds that the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action to correct it. Should the person, firm, company, or agent responsible for said violation fail to take the necessary action to correct it, the Enforcement Officer shall notify the City Council, which shall certify the violation to the City Attorney. The City Attorney shall, within seven (7) days, apply to a court having jurisdiction to remove the violation. Each day a violation exists, after notification by the Enforcement Officer, is a separate offense. The violator may be charged with a violation and shall be subject to a fine of a maximum of Twenty-Five Dollars ($25.00) per day. (Ord. No. 2016-007, Sec. 3.)

14.04.07 Definitions

Accessory use or structure – a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use on the lot. (Ord. No. 93-97, Sec. 8.)

Building area – the portion of a lot remaining after required yards (setbacks) have been reserved.

Camper – a mobile place to sleep without kitchen or bathroom facilities that includes travel trailers, camper trailers, caravans, pop-up trailers, hard sided trailers, toy haulers, pickup trucks with camper tops, and side-in- trailers that fit in the bed of a pickup truck.

City Recorder/Treasurer – City Recorder/Treasurer includes City Clerk.

Dwelling, single-family – a detached residential dwelling unit, not including mobile homes or manufactured housing, designed for and occupied by one family only and being securely attached to a permanent foundation. (Ord. No. 93-97, Sec. 8.)

Dwelling, manufactured home – a dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site as a permanent structure and bearing a seal that it is built in compliance with the Manufactured Housing and Construction Standards Code. (Ord. No. 93-97, Sec. 8.)

Dwelling, mobile home – a dwelling unit fabricated before June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site as a permanent structure and not bearing a seal that it is built in compliance with the Manufactured Housing Construction and Safety Standards Code. (Ord. No. 93-97, Sec. 8.)

Dwelling, two-family – A detached residential building or buildings designed for or occupied by two families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, multiple-family – A residential building or buildings designed for or occupied by three (3) or more families with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling unit – one (1) room or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, rental or lease and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

Lot – for purposes of this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, and may consist of:

A. A single lot of record;

B. A portion of a lot of record;

C. A combination of complete lots of record;

D. A parcel of land described by metes and bounds;

provided that in no case of division or combinations shall any residual lot or parcel be created which does not meet the requirements of this ordinance.

Lot measurement

A. Depth of the lot shall be the average distance between the front lot line and the rear lot line measured at the furthest most points.

B. Width of a lot shall be the average distance between the side lot lines measured at the furthest most points. The width between side lot lines where they intersect with the street line shall not be less than eighty percent (80%) of the required lot width except in the case of lots on the turning circle of cul-de-sacs or curved streets, where the eight percent (80%) requirement may be measured at the building line.

Lots of record – a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Manufactured Housing Construction and Safety Standards – Code Title IV of the 1974 Housing and Community Development Act (42 U.S.C. 5401 et. seq.), as amended (previously known as the Federal Mobile Home Construction and Safety Act), the rules and regulations adopted thereunder including H.U.D. approved information supplied by the home manufacturer, all of which became effective for manufactured home construction on June 15, 1976. (Ord. No. 93-97, Sec. 8.)

Manufactured home park – A parcel of land on which two (2) or more manufactured homes are occupied as residences. (Ord. No. 93-97, Sec. 8.)

Manufactured home subdivision – a parcel of land platted according to all requirements of the subdivision ordinance, designed or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by manufactured homes. (Ord. No. 93-97, Sec. 8.)

Mobile home park – two or more mobile homes on a undivided tract under one ownership.

Parking space, off-street – for the purpose of this ordinance, an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.

Recreational Vehicle – a motor vehicle or trailer equipped with living space and amenities found in a home, such as a kitchen, bathroom, and sleeping facilities. A motor vehicle Recreational Vehicle is self-propelled. A trailer Recreational Vehicle is pulled by a motor vehicle.

Sign – any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided however, that the following shall not be included in the application of the regulations herein:

A. Signs not exceeding one (1) square foot in area and bearing only property numbers, post box numbers, names of occupants, or premises, or other identification of premises not having commercial connotations;

B. Flags and insignia of any government except when displayed in connection with commercial promotion;

C. Legal notices, identification, informational or directional signs erected or required by governmental bodies;

D. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights.

E. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

Sign, on-site – A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

Sign, off-site – a sign other than an on-site sign.

Storage facility – any structure that is subordinate to a dwelling and has not been used for another purpose in the past, and not exceeding 144 square feet. (Ord. No. 93-97, Sec. 8.)

Street line – the right-of-way line of a street.

Structure or building – anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground.

Yard – a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from thirty (30) inches above the general ground level of the graded lot upward, provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. (Ord. No. 34, Sec. 7.)

14.04.08 Building permit. Section 10(D)(1) of the Little Flock Zoning Regulations is hereby amended to read as follows:

A. Permit required. No building or structure, except portable buildings having less than 144 square feet of floor space, shall be constructed, erected, moved, added to, or structurally altered without a building permit being obtained in advance. The construction, erection, adding to, or structural alteration of a swimming pool shall require a building permit, and no pool shall be filled with water before a fence has been built according to ICC Building Code standards as confirmed by the Little Flock Enforcement Officer.

B. Building permit fees. Section 10(D)(#) of the Little Flock Zoning Regulations is hereby amended to read as follows:

C. Permit fees. Building permit fees shall be based on the value of the structure for which the building permit is obtained, which valuation shall be based on ICC Building Valuation Data Table as periodically updated. The building permit fees are hereby set as follows:

Total Valuation – Fee

$3,000.00 and less	No fee, unless inspection is required, in which case a $50.00 fee for each inspection shall be charged.
$3,001.00 to $50,000.00	$50.00 for the first $3,000.00 plus $5.00 for each additional thousand or fraction thereof, to and include $50,000.00
$50,001.00 to $100,000.00	$50.00 for the first $3,000.00 plus $5.00 for each additional thousand or fraction thereof, to and include $50,000.00
$100,001.00 to $500,000.00	$50.00 for the first $3,000.00 plus $5.00 for each additional thousand or fraction thereof, to and include $50,000.00
$500,001.00 and up	$500,001.00 and up $1,660.00 for the first $500,000.00 plus $2.00 for each additional thousand or fraction thereof.

Other additional fees are set as follows:

Fee	Amount
Plan review fee	$50.00
Site inspection fee	$50.00
Electrical inspection fee	$100.00
Plumbing inspection fee	$100.00
Inspection of additions (patios, decks, rooms, covers, etc.)	$100.00
Final inspection fee	$50.00
Re-inspection fee (this fee is for any and each re-inspection)	$50.00
Certificate of occupancy fee	$25.00
Fee for moving any building or structure	$100.00
Fee for the demolition of any building or structure	$50.00

(Ord. No. 2010-341, Sec. 1.)

14.04.09 Septic tanks That provisions requiring conditional use approval for septic tank installation, contained in Section 8 of the Zoning Regulations for the city of Little Flock, be and are hereby repealed The Section 8 of the Zoning Regulation for the city of Little Flock is amended to permit, subject to conditional use approval, sewage disposal facilities in all zoning districts.
(Ord. No. 2004-260, Sec. 1.)

CHAPTER 14.08

FLOOD DAMAGE PREVENTION PROGRAM

Sections:

14.08.01 Statutory authority
14.08.02 Findings of fact
14.08.03 Statement of purpose
14.08.04 Lands to which this ordinance applies
14.08.05 Methods of reducing flood losses
14.08.06 Flood Damage Prevention Code adopted by reference
14.08.07 Abrogation and greater restrictions
14.08.08 Interpretation
14.08.09 Warning and disclaimer of liability
14.08.10 Compliance
14.08.11 Penalty for non-compliance

14.08.01 Statutory authority. The Legislature of the state of Arkansas has in A.C.A. 14-268-101, et seq., delegated the responsibility of local governmental units to adopt regulations to minimize flood losses. Therefore, the City Council of Little Flock, Arkansas, does hereby ordain as follows. (Ord. No. 207-307, Sec. 1.)

14.08.02 Finding of fact

A. The Federal Emergency Management Agency (FEMA) has identified Special Flood Hazard Areas of Little Flock, Arkansas, in the current scientific and engineering report entitled “The Flood Insurance Study (FIS) for Benton County, Arkansas, and incorporated areas, dated June 5, 2012, with an effective Flood Insurance Rate Map (FIRM) dated June 5, 2012. (Ord. No. 2012-380, Sec. 1.)

B. These Special Flood Hazard Areas are subject to periodic flooding events that result in loss of life and property, pose health and safety hazards, disrupt commerce and governmental services, and cause extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.

C. These periodic flooding events are exacerbated by the cumulative effect of floodplain developments which cause an increase in flood heights and velocities, and by the placement of inadequately elevated, inadequately flood proofed or otherwise unprotected structures or uses vulnerable to floods into Special Flood

Hazard Areas. Such structures or uses are inherently hazardous to other lands because of their adverse impact on flooding events. (Ord. No. 2007-307, Sec. 2.)

14.08.03 Statement of purpose. The purpose of this ordinance is to promote the public health, safety and general welfare, to prevent adverse impacts from any floodplain development activities, and to minimize public and private losses due to flooding events in identified Special Flood Hazard Areas. This ordinance advances the stated purpose through provisions designed to:

A. Protect human life and health;

B. Protect natural floodplains against unwise development;

C. Eliminate adverse impacts of necessary floodplain development;

D. Minimize expenditure of public monies on flood control projects;

E. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

F. Minimize prolonged business interruptions due to flooding events;

G. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in Special Flood Hazard Areas;

H. Minimize future flood blight areas to help maintain a stable tax base; and

I. Provide for notice to potential buyers when property is in a Special Flood Hazard Area. (Ord. No. 2007-307, Sec. 3.)

14.08.04 Lands to which this ordinance applies. The ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of the city of Little Flock, Arkansas. (Ord. No. 2007-307, Sec. 4.)

14.08.05 Methods of reducing flood losses. This ordinance uses the following methods to accomplish the stated purpose:

A. This ordinance restricts or prohibits structures or uses in Special Flood Hazard Areas that adversely impact health, safety or property during flooding events;

B. This ordinance requires protection against flood damage for structures or uses vulnerable to floods at the time of initial construction, or after substantial improvement of the structure, or after substantial damage has occurred;

C. This ordinance controls the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation and transport of flood waters;

D. This ordinance controls floodplain development (structural development, placement of manufactured structures, clearing, grading, mining, drilling, dredging, placement of fill, excavating, watercourse alteration, drainage improvements, roadway or bridge construction, individual water or sewer installations and other activities) which may increase flood damage by increasing flood elevations, flood water velocities, or flood discharge patterns;

E. This ordinance regulates the construction of flood barriers which unnaturally divert floodwaters or which may adversely impact other lands. (Ord. No. 2007-307, Sec. 5.)

14.08.06 Flood Damage Prevention Code adopted by reference. The city has published notice as required by law to adopt the Flood Damage Prevention Code as a technical code by reference. The city has had and shall continue to have three (3) copies of the Flood Damage Prevention Code on file in the office of the Recorder/Treasurer for inspection and copying by the public. Therefore, a “Flood Damage Prevention Code for the city of Little Flock, Arkansas, ” dated November 19, 2007 is adopted by reference. The code shall include:

ARTICLE 1 DEFINITIONS
ARTICLE 2 ADMINISTRATION
ARTICLE 3 PROVISIONS FOR FLOOD HAZARD REDUCTION
(Ord. No. 2007-307, Sec. 6.)

14.08.07 Abrogation and greater restrictions. This ordinance does not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Whenever there is a conflict or overlap between this ordinance and another ordinance, easement, covenant, or deed restriction, the instrument with the more stringent restrictions applies. (Ord. No. 2007-307, Sec. 7.)

14.08.08 Interpretation. In the interpretation and application of this ordinance, all provisions must:

A. Be considered as minimum requirements;

B. Be liberally construed in favor of the governing body; and

C. Be deemed to neither limit nor repeal any other powers granted under state statutes. (Ord. No. 2007-307, Sec. 8.)

14.08.09 Warning and disclaimer of liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes. Documented scientific and engineering data form the basis for these requirements. On rare occasions, flooding events greater than those considered for this ordinance will occur. In addition, flood heights may increase over time due to man-made or natural causes. This ordinance does not imply that land outside Special Flood Hazard Areas will be free from flooding, nor that strict adherence to this ordinance protects uses permitted within Special Flood Hazard Areas from all flood damages. This ordinance specifically does not create liability on the part of the community, nor any official or employee of the community, for any flood damages that result while strictly following this ordinance, or from any lawful administrative decision made under the provisions of this ordinance. (Ord. No. 2007-307, Sec. 9.)

14.08.10 Compliance. Constructing, locating, substantially altering or changing the use of any structure or land after the effective date of this ordinance requires full compliance with the provisions of this ordinance and all other applicable regulations. (Ord. No. 2007-307, Sec. 10.)

14.08.11 Penalty for non-compliance. Flood hazards are reduced by compliance with the provisions of this code. Accordingly, enforcement of this ordinance discourages non-compliance and is a recognized mechanism for flood hazard reduction.

A. The Floodplain Administrator must enforce the provisions of this ordinance and is authorized to:

1. Issue cease and desist orders on non-compliant floodplain development projects;

2. Issue citations for non-compliance;

3. Request that FEMA file a 1316 Action (Denial of Flood Insurance) against non-compliant properties; and

4. Take any other lawful action necessary to prevent or remedy any instance of non-compliance with the provisions of this ordinance.

B. It is a misdemeanor to violate or fail to comply with any provision of this ordinance.

C. Any person found, in a court of competent jurisdiction, guilty of violating this ordinance is subject to fines of not more than Five Hundred Dollars ($500.00) per day for each violation. In addition, the defendant is subject to payment of all associated court costs and costs involved in the case. (Ord. No. 2007-307, Sec. 11.)

CHAPTER 14.12

SIGNS

Sections:

14.12.01 Purpose
14.12.02 Definition
14.12.03 Signage plan
14.12.04 Application for a sign permit
14.12.05 Review and approval
14.12.06 Interpretation of sign regulations
14.12.07 General regulations
14.12.08 Signs allowed without a permit
14.12.09 Signs not permitted

14.12.01 Purpose. The purpose of this section is to encourage the effective us of signs as a means of communication; to maintain and enhance the aesthetic environment, and the community’s ability to attract sources of economic development and growth; to eliminate physical and visual clutter; to improve pedestrian and traffic safety; to minimize the possible adverse effects of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign regulations.

The effect of this section is:

A. To establish a permit system that allows a variety of types of signs on business premises and a limited variety of signs on other premises, subject to this ordinance and its permit procedures.

B. To prohibit off-premise advertising signs, except where in compliance with this ordinance.

C. To allow a variety of no-commercial signs subject to the same substantive and permit regulations that control on-premise signs.

D. To prohibit all signs not expressly permitted by this ordinance.
(Ord. No. 2010-351, Sec. 1.)

14.12.02 Definition

Sign – any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trademarks by which anything is made known, such as those that are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are visible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. (Ord. No. 2010-351, Sec. 2.)

14.12.03 Signage plan. Prior to issuance of any sign permit in a development containing several buildings or businesses, a common signage plan for the development shall be approved and filed with the Planning Commission. In the case of any conflict between the signage plan and the zoning ordinance, the ordinance shall apply.

A. Drawings. Drawings, sketches and/or photographs shall be submitted and kept on file to demonstrate the common signage plan. The common signage plan shall consist of three (3) elements:

1. Location. Identification of sign locations on buildings or property.

2. Materials. Description of the type of sign and sign materials including construction materials and proposed lighting, if any.

3. Size. Itemization of sign size or band area at identified locations.

B. Multiple signs. Where more than one sign is located on a property, or where more than one building or business is located in a single development project, such as a shopping center, the common signage plan will demonstrate that these elements create consistency and uniformity among signs within the project. The requirements of a common signage plan shall apply to all businesses within a related project, even if the properties have been subdivided.

C. Subdivision. Signs identifying a recognized community, subdivision or development provided that such signs were lawfully erected pursuant to an encroachment agreement, and are consistent with an approved overall sign plan, site plan or subdivision plat. Must be included in preliminary plat or large-scale development plan.

1. Subject. No commercial message shall be placed on the identification sign.

2. Permanent feature. Identification signs shall be incorporated into a permanent landscape feature such as a wall, fence, or masonry column.

D. Amendments. Revisions or amendments to the common signage plan shall require documentation from all tenants on the property prior to approval.

E. Minor alterations. Minor alterations in sign locations resulting from unexpected conditions on site may be approved by the Planning Commission. (Ord. No. 2010-351, Sec. 4.)

14.12.04 Application for a sign permit

A. Application Complete the Sign Permit application provided by the city of Little Flock.

B. Drawings. A scaled drawing of the sign including sign height, area, design, content, and dimensions of the sign and the design and dimensions of any measures used to support the sign or used to affix the sign to a wall, window or the ground.

C. Site plan. A scaled site plan showing the location of the sign on the property or building including street right-of-way and property lines. For wall signs, building face shall be dimensioned.

D. Materials list. A list of materials used to construct the sign.
(Ord. No. 2010-351, Sec. 5.)

14.12.05 Review and approval

A. Approval. After a review of the application by the Planning Commission shows that the sign meets zoning, the applicant shall receive a permission to erect or install the approved signs.

B. Inspections – permanent signs. The applicant shall request an inspection within ten (10) business days after installation of the permanent signs.

1. Expiration of permit. The sign permit shall be null and void if sign installation is not completed within six (6) months or the signs are not in conformance with the approved application. The Planning Commission may grant one thirty (30) day extension to the sign permit.

2. Successors. Valid sign permits may be assignable to a successor of the business.

C. Revocation of permits. The city Mayor or his/her designee may revoke a sign permit if a sign is found to be in violation of this ordinance. The sign owner has ten (10) business days to remove the sign or ensure the sign is in compliance.
(Ord. No. 2010-351, Sec. 5.)

14.12.06 Interpretation of sign regulations

A. Street frontage. Street frontages shall be considered separately for each street the lot fronts, measured by property lines.

B. Maximum area. Maximum area shall be the area of one side of the sign.

C. Measurable area. Measurable area is the area within the outer boundaries of standard geometrical shapes, primarily squares, rectangles, and circles, containing and defined by the extreme reaches of information or graphic parts of the signs.

D. Maximum height. Height is measured from the point at which the sign and supports are attached to the ground, measured to the highest point on the top of the sign.

E. Appeal of interpretation. All administrative interpretations of sign regulations may be appealed to the Planning Commission. Where necessary, the Commission may consider not only the current or intended uses of a sign but also its past use. It shall be the obligation of the sign owner to furnish records concerning the past use, if requested by the Commission. (Ord. No. 2010-351, Sec. 6.)

14.12.07 General regulations

A. Designs and construction

1. Code compliance. All signs shall comply with applicable provisions of the ICC Building Code and the National Electrical Code.

2. Materials. Signs shall be constructed of permanent materials and permanently affixed to the ground or building except for the following signs:

a. Temporary signs meeting the regulations elsewhere in this section.

b. Signs advertising premises for sale, lease or rent.

c. Signs providing information on construction taking place on the premises.

d. Window signs

e. Yard sale signs, political, and election signs.

B. Sight triangle. No signs shall constitute a hazard to traffic including, but not limited to signs located within the sight triangle of an intersection.

1. No sign shall constitute a hazard to traffic including, but not limited to, signs located within the sight triangle of an intersection.

2. The sight triangle is defined by a triangular area formed by a diagonal line connecting two points on intersecting street rights-of-way, measured 25 feet along each right-of-way starting at the intersection point.

3. No signs or structures between 30 inches and 60 inches in height will be allowed within the sight triangle.

C. Maintenance. All signs, to include permanent and temporary signs and signs that do and do not require a permit, shall be maintained in good condition, kept free of cracked or peeling paint, missing or damaged sign panels or supports, and weeds, grass or vegetation which obscures the view of the sign message. Sign landscaping shall be maintained so as not to interrupt the view of the sign.

D. Obstructions. No sign shall block entrances or exits to buildings to include windows, doors, and fire escapes.

E. In public right-of-way. No sign, including supports, frames, and embellishments, shall be located within a public right-of-way and/or attached, affixed, or painted on any utility pole, light standard, utility box or pedestal, tree, rock or other natural object located within the public right-of-way or on public property, except as permitted elsewhere in this ordinance.

F. Illumination

1. Source. Signs may be illuminated from within or from an external source, but such illumination shall be in a manner which avoids glare or reflection which in any way interferes with traffic safety.

2. Strung lights. Signs shall not be illuminated by a string of lights placed around the sign.

3. Residential. Sign lighting shall not be allowed in residential zones, and sign lighting in non-residential zones shall not be detrimental to adjacent residential property as determined by the Planning Commission. For the purposes of this subsection, property on the other side of a public right-of-way other than a controlled access highway shall be considered adjacent property.

G. Changeable copy on signs. Changeable copy is allowed on signs in non-residential zoning districts subject to the following:

1. Area. No more than 50% of the area of a sign shall be devoted to changeable copy.

2. Copy rotation. The displayed copy may not be changed more than eight (8) times in one day except for time and temperature displays.

H. Non-conforming, obsolete, and unpermitted signs. Any non-conforming signs that do not fall under the above paragraph shall be removed or made conforming. (Ord. No. 2010-351, Sec. 7.)

14.12.08 Signs allowed without a permit

A. Construction signs. Construction signs in residential districts, subject to the following regulations:

1. Maximum area: Thirty-two (32) square feet.

2. Maximum height: Six (6) feet.

3. Removal: The sign shall be removed prior to the issuance of a certificate of occupancy.

B. Flags. U.S., state, municipal, or corporate flags.

C. Hand carried non-commercial signs

D. Historic markers. Attached or freestanding historic or memorial markers erected by a governmental agency or private, non-profit historic preservation or education organization pursuant to a plan or program for the erection of such signs or markers applied on a national, state or county-wide basis or to properties within a duly authorized local historic district. Such plan or program must employ uniform standards of eligibility and the sign or marker must commemorate a person, building, place or event or historical, civic, cultural, natural historical, scientific, or architectural significance. Historical markers are subject to the following regulations:

1. Maximum area: Freestanding: Eighteen (18) square feet.

Wall: Six (6) square feet.

2. Materials: Each such sign or marker shall be made of cast metal, cut masonry, painted wood or metal or other similar weatherproof material.

E. Identification signs. Customary identification signs, such as: building numbers, addresses, private parking signs, no trespassing signs or dangerous animal signs that are no larger than three (3) square feet in area per sign and no more than one sign per every twenty-five (25) feet.

F. Incidental or directional signs. Incidental signs, those that give information or direction for the convenience and necessity of the public, such as “entrance,” “exit,” “no admittance,” “telephone,” or “parking,” subject to the following regulations:

1. Maximum area: Three (3) square feet.

2. Maximum height: Four (4) feet.

3. Subject: Such sign shall not contain any logos.

G. Non-profit announcements. Announcements by public or non-profit organizations of fund raising events, special events or activities of interest to the general public, other than political signs, subject to the following regulations:

1. Maximum area: Residential: Six (6) square feet.

Non-residential: Thirty-two (32) square feet.

2. Maximum height: Six (6) feet.

3. Maximum number permitted: Two (2) per event.

4. Time period: Signs may be erected up to two (2) weeks prior to the event.

5. Removal: Signs shall be removed within seven (7) days after the event.

H. Political signs. Temporary political signs erected in connection with elections or political campaigns, subject to the following regulations:

1. Maximum area: Six (6) square feet.

2. Maximum height: Six (6) feet.

3. Banners: No political banners allowed.

4. Location: Political signs are prohibited on utility poles and may not obstruct driver’s vision clearance at an intersection. Such signs shall not be placed in public right-of-ways.

5. Time period: Political signs shall not be posted earlier than sixty (60) days prior to a primary, general or special election.

6. Removal: Such signs shall be removed within three (3) days after the election.

I. Public notice. Any public notice or warning required by valid and applicable federal, state or local law, regulation or ordinance.

J. Public park signs. Signs in public parks of a non-commercial nature erected by a government agency such as directional signs, rules signs, safety signs or site identification signs that are no greater than eight (8) feet in height.

K. Public sign. Any federal, state or local traffic control or other public sign.

L. Real estate signs – residential. Real estate signs in residential districts:

1. On-site signs. On-site real estate signs in residential districts, subject to the following regulations:

a. Maximum area: Six (6) square feet.

b. Maximum height: Six (6) feet.

c. Maximum number permitted:

Freestanding – one (1) per street frontage.

Wall – one (1) per dwelling unit.

2. Off-site signs. Off-site directional real estate signs for the sale or rent of residential property, subject to the following regulations:

a. Maximum area: Two (2) square feet for a single user, or four (4) sq. ft. when shared by multiple projects.

b. Maximum height: Four (4) feet.

c. Maximum number permitted: Five (5) directional real estate signs per project (or per property when a single dwelling is for sale or rent), in order to avoid the placement of a series of signs along several miles of roadway.

d. Location: Directional signs shall be placed no farther than two (2) road miles from the project or property for which directions are given.

e. Subject: The directional sign contains only directional information (i.e., directional arrow, “left 100 yards,” “2^nd right,” etc.) and “home for rent,” “open house,” “new homes

for sale,” or the name of the project. The name of a builder or real estate company is permitted.

f. Intersections: Up to two (2) directional signs are allowed at intersections. However, each user is allowed only one (1) sign per intersection. Therefore, each of the signs must identify different users.

g. Illumination: Off-site directional real estate signs shall not be illuminated.

h. Removal: Signs for properties for sale shall be removed when a contract is closed on the final property.

M. Real estate signs – non-residential. Real estate signs in non-residential districts, subject to the following regulations:

1. Maximum area: Thirty-two (32) square feet.

2. Maximum height: Six (6) feet.

3. Maximum number permitted:

a. Freestanding: One (1) per street frontage

b. Wall: If the entire building is for sale or lease: one (1) per building façade. If portions of the buildings are for sale or lease: one (1) per lease space.

N. Religious institution directional signs. Off-site signs directing a person to a religious institution shall meet the following conditions:

1. Maximum area: Six (6) square feet.

2. Maximum height: Six (6) feet.

3. Maximum number permitted: Four (4) per religious institution.

4. Subject: Such signs may only bear the name and address of the church with direction and distance to the church.

5. Permission Such signs require property owner permission.

O. Yard sale signs. All such yard, garage, moving rummage sale signs, subject to the following regulations:

1. Advertising: No signs shall be posted advertising said sale more than seven (7) days prior to the sale. Signs shall be removed one (1) day after the event.

2. Maximum area: Signs: six (6) square feet.
Banners: Each banner shall be no greater than thirty-two square feet in area. Each banner shall be individually attached to a pole, mast arm or other structure.

3. Maximum number permitted : One (1) at the site of the sale and five (5) off-site directional signs.

4. Enforcement: The Code Enforcement Officer shall have authority to remove the sign and issue a citation for any signs not in compliance with these regulations.

5. Location: Signs shall be placed behind the sidewalk for streets with sidewalks and 10′ behind the back of curb for streets without sidewalks. Sign cannot extend into a roadway. (Ord. No. 2010-351, Sec. 8.)

14.12.09 Signs not permitted. The following signs shall be prohibited, and may neither be erected nor maintained:

A. Flashing, moving. Signs, or any means of advertising, with animated, blinking, chasing, flashing, or moving effect. Each message shall be displayed for at least five (5) seconds before alternating to the next message. Exception: This provision shall not prohibit signs with an alternating display of time or temperature, which may be alternated with one additional message.

B. Obsolete signs. Obsolete signs or signs which have broken supports or are overgrown with vegetation.

C. Off-site signs. Off-site signs are signs that direct attention to a business, commodity, service or entertainment not conducted, sold or offered on the premises where the sign is located. Off-site signs include any sign which has been used as an off-site sign at any point after the effective date of this ordinance.

Exceptions: This provision shall not prohibit the following signs:

1. Off-site signs that were erected and are permitted and maintained in compliance with state regulations and this ordinance; and

2. Off-site signs specifically permitted within this ordinance.

D. Portable signs. Any sign not permanently attached to the ground or other permanent structure, including but not limited to signs with attached wheels; converted to A or T frame signs; menu and sandwich board signs; gas; air or hot air filled displays.

E. Rotating or revolving signs

F. Strung lights. Lights strung across buildings or property.

G. Windblown. Fluttering, spinning, windblown or inflated devices including pennants, propeller discs, and balloons. Flags, other than governmental or corporate, are prohibited. Exception: Balloons shall be permitted for three (3) consecutive days for an event.

H. Others not exempt. All other signs which are not expressly exempt from regulations and expressly permitted under this section. (Ord. No. 2010-351, Sec. 9.)

CHAPTER 14.16

ANNEXING AND REZONING OF PROPERTY

Sections:

14.16.01 Annexing
14.16.02 Re-zoning

14.16.01 Annexing

Ord. No. 18

Ord. No. 85-40

Ord. No. 85-41

Ord. No. 85-43

Ord. No. 85-45

Ord. No. 86-49

Ord. No. 86-50

Ord. No. 92-79

Ord. No. 92-84

Ord. No. 92-86

Ord. No. 92-95

Ord. No. 178

Ord. No. 179

Ord. No. 182

Ord. No. 2011-371

Ord. No. 2015-001

Ord. No. 2016-006

NW ¼ of SW ¼ of Sec. 36, Twp 20 N, Range 30 West

Part of Sec. 34, SE corner of Sec. 24

Part of Sec. 27 & 34 in NW corner of Lot 1, Bl. 1 in Meadowbrook Farms

W ½ of SE ¼ of Sec. 36, Twp 20 N, Range 30 West

Part of NW ¼ of Sec. 34, Twp 20 N, Range 30 West

Part of the N ½ of Sec. 34, Twp 30 Range 30

Part of Sec. 27 & 34, Twp 20 N, Range 30 West

Part of SE ¼ of Sec. 12, Twp 20 N, Range 30 West

Part of SE ¼ of Sec. 34, Twp N, Range 30 West

Part of NE ¼ of Sec. 24, Twp 20 N, Range 30 West

Strip of land fifty (50) ft. in Sec. 12 & 13, Twp 20 N, Range 30 West

Part of NE ¼ of Sec. 34, Twp 20 N, Range 30 West

N ½ of SW ¼ of Sec. 36, Twp 20 N, Range 30 West

NE ¼ of NE ¼ of Section 34, twp 20 N, Range 30 W

Ne ¼ of SE ¼ & SE ¼ of SE ¼ of Sec. 27 . . .

14.16.02 Re-zoning

Ord. No. 35

Ord. No. 85-39

Ord. No. 85-43

Ord. No. 86-47

Ord. No. 90-57

Ord. No. 91-59

Ord. No. 91-68

Ord. No. 91-69

Ord. No. 91

Ord. No. 92-77

Ord. No. 98

Ord. No. 93-99

Ord. No. 93-102

Ord. No. 93-103

Ord. No. 94-118

Ord. No. 94-124

Ord. No. 95-131

Ord. No. 95-133

Ord. No. 96-140

Ord. No. 96-146

Ord. No. 96-147

Ord. No. 96-148

Ord. No. 96-149

Ord. No. 97-160

Ord. No. 97-164

Ord. No. 97-165

Ord. No. 97-170

Ord. No. 98-174

Ord. No. 98-177

Ord. No. 99-187

Ord. No. 99-188

Ord. No. 99-191

Ord. No. 99-193

Ord. No. 99-195

Ord. No. 99-196

Ord. No. 2000-199

Ord. No. 2000-202

Ord. No. 2000-204

Ord. No. 2001-222

Ord. No. 2002-227

Ord. No. 2002-236

Ord. No. 2003-246

Ord. No. 2003-248

Ord. No. 2003-251

Ord. No. 2004-255

Ord. No. 2004-262

Ord. No. 2004-265

Ord. No. 2004-266

Ord. No. 2004-267

Ord. No. 2004-271

Ord. No. 2005-283

Ord. No. 2006-290

Ord. No. 2006-293

Ord. No. 2006-294

Ord. No. 2007-305

Ord. No. 2007-308

Ord. No. 2008-314

Ord. No. 2009-335

Ord. No. 2012-379

Ord. No. 2012-382

Ord. No. 2012-383

Ord. No. 2012-390

Ord. No. 2013-414

Ord. No. 2013-413

Ord. No. 2014-424

Ord. No. 2013-422

Ord. No. 2014-433

Ord. No. 2014-437

Ord. No. 2015-004

Ord. No. 2015-005

Ord. No. 2016-003

Ord. No. 2016-004

Ord. No. 2017-014

Ord. No. 2017-002

Ord. No. 2018-002

From A to R-1

From A to C

From I to R-2

From A to R-3

From A to R-1B

From A to R-1

From A to R-3

From A to R-1

From I to R-1

From A to R-1

From A to RMH

From A to R-E

From A to R-MH

From A to R-E

From A to R-MH

From A to R-1

From I to A

From A to R-E

From A to C

From A to R-E

From A to R-1

From R-1 to R-E

From A to C

From A to R-1

From R-1 to R-E

From A to C

From A to R-E

From A to R-1

From A to R-3

From A to R-1

From A to R-3

From A toR-1

From A to R-1

From A to C

From R-1 to R-E

From A to R-1

From R-1 to R-E

From A to R-1

From A to R-E

From A to R-1

From R-1 to A

From A to R-1

Part of SW ¼ of Sec. 26, Twp 20 N, Range 30 W.

Part of E ½ of Sec. 14, Twp 20 N, Range 30 W.

Part of SW ¼ of Sec. 13, Twp 20 N, Range 30 W.

Part of SE ¼ of Sec. 35, Twp 20 N, Range 30 W.

Part of NE ¼ of Sec. 36, Twp 20 N, Range 30 W.

Part of E ½ of Sec. 26, Twp 20 N, Range 30 W.

Part of NW ¼ of Sec. 35, Twp 20 N, Range 30 W.

Part of SW ¼ of Sec. 35, Twp 20 N, Range 30 W.

Part of N ½ of Sec. 34, Twp 20 N, Range 30 W.

Part of Tract in Sec. 36, Twp 20 N, Range 30 W.

Part of E ½ of Sec. 34, Twp 20 N, Range 30 W.

Tract 9 of Leon France First Addition

Part of N ½ of Sec. 34, Twp 20 N, Range 30 W.

Part of NE ¼ of Sec. 22, Twp 20 N, Range 30 W.

Part of SE ¼ of Sec. 14, Twp 20 N, Range 30 W.

Part of NE ¼ of Sec. 26, Twp 20 N, Range 30 W.

Part of NW ¼ of Sec. 34, Twp 20 N, Range 30 W.

Part of NW ¼ of Sec. 26, Twp 20 N, Range 30 W.

Part of SW ¼ of Sec. 34, Twp 20 N, Range 30 W.

Part of NW ¼ of Sec. 35, Twp 20 N, Range 30 W.

Part of NW ¼ of Sec. 36, Twp 20 N, Range 30 W.

Part of NE ¼ of Sec. 25, Twp 20 N, Range 30 W.

Part of NE ¼ of Sec. 26, Twp 20 N, Range 30 W.

Part of SW ¼ of Sec. 34, Twp 20 N, Range 30 W.

Part of NE ¼ of Sec. 26, Twp 20 N, Range 30W.

Part of NW ¼ of Sec. 25, Twp 20 N, Range 30 W.

Part of NW of Sec. 25, Twp 20 N, Range 30 W.

Part of SW ¼ of Sec. 24, Twp 20 N, Range 30 W.

Part of E ½ of Sec. 25, Twp 20 N, Range 30 W.

Part of W ½ of Sec. 25, Twp 20 N, Range 30 W.

Part of W ½ of Sec. 26, Twp 20 N, Range 30 W.

Part of NE ¼ of Sec. 26, Twp 20 N, Range 30 W.

Part of S ½ of Sec. 24, Twp 20 N, Range 30 W.

Part of E ½ of Sec. 34, Twp 20 N, Range 30 W.

Part of S ½ of Sec. 34, Twp 20 N, Range 30 W.

Part of SW ¼ of Sec. 35, Twp 20 N, Range 30 W.

Part of SE ½ of Sec. 34, Twp 20 N, Range 30 W.

Part of E ½ of Sec. 36, Twp 20 N, Range 30 W.

Part of NW ¼ of Sec. 35, Twp 20 N, Range 30 W.

Part of SW ¼ of Sec. 35, Twp 20 N, Range 30 W.

Part of NE ¼ of Sec. 35, Twp 20 N, Range 30 W.

Part of SW ¼ of Sec. 25, Twp 20 N, Range W.

Part of N ½ of Sec. 34, Twp 20 N, Range 30 W.

Part of SE ¼ of Sec. 35, Twp 20 N, Range 30 W.

S ¾ of Sec. 35, Twp 20 N, Range 30 West

Part of NE ¼ of Sec. 26, Twp 20 N, Range 30 W.

Part of NE ¼ of Sec. 35, Twp 20 N, Range 30 W.

Part of NE ¼ of Sec. 34, Twp 20 N, Range 30 W.

Part of E ½ of Sec. 26, Twp 20 N, Range 30 W.

Part of NE ¼ of Sec. 35, Twp 20 N, Range 30 W.

Part of SW ¼ of Sec. 24, Twp 20 N, Range 30 W.

Part of NE ¼ of Sec. 36, Twp 20 N, Range 30 W.

Lot 2 of Bob Brown Subdivision

Part of E ½ of Sec. 25, Twp 20 N, Range 30 W.

Tract 1 & 2 of Alton’s First Addition

Part of NW ¼ of Sec. 26, Twp 20, N, Range 30 W.

SE ¼ of Sec. 24, Twp 20 N, Range 30 West

Part of NW ¼ of Sec. 35, Twp 20 N, Range 30 W.

Part of NW ¼ of Sec. 26, Twp 20 N, Range 30 W.

Part of NE ¼ of Sec. 35, Twp 20 N, Range 30 W.

Part of SW ¼ of Sec. 34, Twp 20 N, Range 30 W.

Part of NE ¼ of Sec. 34, Twp 20 N, Range 30 W.

Part of NE ¼ of Sec. 25, Twp 20 N, Range 30 W.

Part. of NE ¼ of Sec. 25, Twp 20 N, Range 30 W.

The Johnson Property Book 2014 Page 8896

Part of NE ¼ of Sec 25, Twp 20 N, Range 30 W.

Tract 4, Leon France First Addition

NE ¼ of SE ¼ of Sec. 26, Twp 20 N, Range 30 W.

SE ¼ of SE ¼ of Sec. 25, Twp 20 N, Range 30 W.

SE ¼ of NE ¼ of Sec. 35, Twp 20 N, Range 30 W.

SW ¼ of NW ¼ of Sec 26, Twp. 20 N, Range 30 W.

Part of N ½ of SE ¼ of Sec. 34, Twp. 20 N, R 30 W.

Part of W ½ of SW ¼ Sec 26, Twp. 20 N, R 30 W.

Part of NE ¼ of SW ¼ Sec 26, Twp 20 N, R 30 W.