TITLE 12
PARKS AND RECREATION
(Reserved)
PARKS AND RECREATION
(Reserved)
PLANNING
Chapters:
13.04 Planning Commission
13.05 Planning Area Boundary Description and Map
13.06 Land Use and Master Street Plan
CHAPTER 13.04
PLANNING COMMSSION
Sections:
13.04.01 Established
13.04.02 Members
13.04.03 Meetings
13.04.04 Records
13.04.05 Authority
13.04.06 Salaries
13.04.07 Procedure for requests
13.04.01 Established. A need for a city Planning Commission exists and is necessary at this time for the coordinated, adjusted, and harmonious development of the city of Little Flock, Arkansas. (Ord. No. 4, Sec. 1.)
13.04.02 Members. The Planning Commission shall consist of seven (7) members. The members of the Planning Commission shall be appointed by the Mayor and confirmed by the City Council. The terms of office of the members of the Planning Commission shall be three (3) years from date of appointment. One member shall be designated by the Planning Commission as the Chairperson of the Planning Commission. The term of office of the Chairperson of the Planning Commission shall be provided by the rules of the Planning Commission. (Ord. No. 2004-268, Sec. 1.)
13.04.03 Meetings. The Planning Commission shall provide for at least one regular meeting to be held in each quarter in each calendar year. (Ord. No. 4, Sec. 3.)
13.04.04 Records. The Planning Commission shall adopt rules and regulations for the discharge of its duties and the transaction of business and shall keep a public record of all business, resolutions, transactions, findings, and determinations. (Ord. No. 4, Sec. 4.)
13.04.05 Authority. The authority and duties of the Planning Commission shall be as provided by the laws of the state of Arkansas. (Ord. No. 4, Sec. 5.)
13.04.06 Salaries. The salary of each member of the Planning Commission of the city of Little Flock is hereby set at Fifty Dollars ($50.00) per month plus an additional Fifty Dollars ($50.00) per special Planning Commission meeting attended during such month. This salary may be adjusted by a two-thirds (2/3) majority vote by City Council in a regular or special City Council meeting without the necessity of passing an ordinance to amend this ordinance. This provision shall not be deemed to excuse the necessity of passing an Appropriation Ordinance or Resolution if additional money must be appropriated to pay an increase in salary. (Ord. No. 2010-343, Sec. 2.)
13.04.07 Procedure for requests. 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.)
CHAPTER 13.05
PLANNING AREA BOUNDARY DESCRIPTION AND MAP
Section:
13.05.01 Planning Area Boundary Description and Map
SECTION 1. That the map entitled “City of Little Flock Planning Area Boundary-2016,” which is attached hereto and made a part thereof, and the description thereof, which follows, both of which have been approved by the Little Flock Planning Commission, be and are hereby approved and adopted:
All of section12, 23, and 26 of T20N, R30W; those parts of sections 12, 13, 24, 25, 34, 35, and 36, of T20N, R30W lying in the Little Flock city limits; the S ½ of S11, T20N, R30W; the E ¼ S ¼ of S15, T20N, R30W, and the E ½ N ¼ of said S15; all unincorporated territory in S24, T20N, R30W lying west of S. H. 94; all unincorporated territory in the NE ¼ NE ¼ of S34. T2oN, R30W; the NE ¼ of S27, T20N, R30W, less and except those parts of said NE ¼ lying in the city limits of Bentonville, and less and except unincorporated territory located in the NW ¼ NW ¼ NE ¼ of said S27; the NE ¼ NW ¼ of S22, T20N, R30W, and the E ½ of said S22, less and except that part lying in the Bentonville city limits; all in Benton County, Arkansas.
SECTION 2. That to the extent that the Little Flock planning area and the planning areas of Bentonville, Rogers, and Pea Ridge may extend beyond the equidistant points between the respective territorial jurisdiction limits, and provided the adopted planning areas do not overlap, the territorial jurisdiction line as represented by the planning area boundary line beyond the equidistant points, is agreed-to.
SECTION 3. That the agreed-upon territorial jurisdiction line, as represented by the planning area boundary, shall be effective until such time as annexations occur in areas between the respective cities. After such annexation, either affected city may initiate consideration of a new boundary. If agreement cannot be reached, the territorial jurisdiction line shall revert to the equidistant line.
SECTION 4. That all ordinances and parts of ordinances in conflict herewith are hereby repealed.
CHAPTER 13.06
LAND USE AND MASTER STREET PLAN
Sections:
13.06.01 Land Use Plan
13.06.02 Master Street Plan
13.06.01 Land Use Plan. The Land Use Plan and Map adopted by the Little Flock Planning Commission following a public hearing on April 3, 2017 is hereby adopted as the Land Use Plan and Map for the City of Little Flock. Future revisions of the Land Use Plan and Map shall be adopted by the following procedure:
a. Public hearing held by Planning Commission on revised Land Use Plan and Map.
b. Adoption of revised Land Use Plan and Map by a vote of the Planning Commission.
c. Approval of revised Land Use Plan and Map by a Resolution adopted by the City Council.
13.06.02 Master Street Plan. The Master Street Plan and Map adopted by the Little Flock Planning Commission following a public hearing on April 3, 2017 is hereby adopted as the Master Street Plan and Map for the City of Little Flock. Future revisions of the Master Street Plan and Map shall be adopted by the following procedure:
a. Public hearing held by Planning Commission on revised Master Street Plan and Map.
b. Adoption of revised Master Street Plan and Map by a vote of the Planning Commission.
c. Approval of revised Master Street Plan and Map by a Resolution adopted by the City Council.
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′ |
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,” “2nd 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 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. 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
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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-1 From A to R-3 From A to R-1 From I to R-1 From A to R-1 From A to R-1 From A to R-1 From A to RMH 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 R-E From A to C From A to R-E From A to R-1 From A to R-1 From A to R-1 From A to R-1 From A to R-1 From A to R-1 From A to R-1 From R-1 to R-E From A to C From A to R-1 From A to R-1 From A to R-1 From A to R-1 From R-1 to R-E From A to C From A to R-E From A to R-E From A to R-1 From A to R-3 From A to R-1 From A to R-1 From A to R-3 From A toR-1 From A to R-1 From A to R-1 From A to R-1 From A to C From R-1 to R-E From R-1 to R-E From A to R-1 From A to R-1 From A to R-1 From R-1 to R-E From A to R-1 From A to R-1 From A to R-1 From A to R-E From A to R-1 From A to R-1 From A to R-1 From R-1 to A From R-1 to A From A to R-1 From A to R-1 From A to R-1 From A to R-1 From A to R-1 From A to R-1 From A to R-1 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. 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. |