[HISTORY: Adopted by the City Council of the City of Lincoln, 5-19-2020 by Ord. No. 2020-13. Amendments noted where applicable.]
For the purpose of interpreting these regulations, words used
in the present tense shall include the future tenses; words in the
singular member include the plural; and words in the plural number
include the singular, except where the natural construction of the
writing indicates otherwise. The word "person" includes firm, partnership,
or corporation as well as an individual.
For the purpose of interpreting these regulations, certain terms
and words are to be used and interpreted as defined hereinafter:
Having property or district lines in common. Since zoning
district lines fall to the center line of a street, alley or waterway,
lots which appear physically separated abut at the district line.
The way or means by which a piece of property is ingressed
or egressed or entered.
An accessory building is a subordinate building, the use
of which is clearly incidental to, or customarily found in connection
with, and (except as otherwise provided in this code) located on the
same lot as the use of the main building or principal use of the land.
An accessory use is one, which is clearly incidental to, or customarily
found in connection with, and on the same lot as, the main use of
the premises. When "accessory" is used in the text, it shall have
the same meaning as accessory use.
Any construction that is attached to another structure.
The person or persons designated by the Mayor to administer
the Unified Development Code.
Establishment that provides, on a regular basis, assistance
or care for five or more unrelated adults for a period of less than
24 hours a day and which receives a payment, fee or grant for the
adults attending the facility, whether or not operated at a profit.
The use of land for agricultural purposes, including farming,
dairying, pasturage agriculture, horticulture, floriculture, viticulture,
aquaculture, and animal poultry husbandry and the necessary accessory
uses for packing, treating, or storing the produce; provided, however,
that the operation of any such accessory uses shall be secondary to
that of normal agricultural activities.
A minor public way used for utility easements and vehicular
service access to the back or the side of properties abutting a street.
A multiple-family dwelling. (See "dwelling, multiple.")
A person, firm or corporation requesting approval of the
developments listed in Division 2.2.
An improvement, excluding accessory buildings, detached from
the principal structure and located on the same lot. Examples include:
TV satellite dishes and outdoor chimneys.
The amount of land surface in a lot, plot, or parcel.
A revised set of plans to be submitted at the completion
of construction showing all changes and modifications that have been
made during the construction process. Accurate to the final construction
of the site.
A person or persons authorized by the landowner to act in
his behalf.
Premises used primarily for the storage of operable automobiles
or wrecked vehicles until they are placed back in the control of the
owner and/or insurance company, so long as no operable automobile,
inoperable junk or wrecked automobile remains on site for more than
90 calendar days.
An area outside of a building where motor vehicles are disassembled,
dismantled, junked, or wrecked, or where inoperable motor vehicles
or used parts of motor vehicles are stored. A lot, land or structure,
or part thereof, used primarily for the collecting, dismantling, storage
and salvage of machinery or vehicles that are not in operating condition,
or for the sale of parts therefrom; or for the collecting, storage,
and salvage of wastepaper, scrap metal, or other discard material.
That portion of a building below the first-floor joists that
may be enclosed for occupancy, with a least half the ceiling height
below the dwelling's average ground level.
A stationary or revolving light which flashes or projects
illumination, single color or multicolored, in any manner which is
intended to attract or divert attention; except, however, this term
is not intended to include any kind of lighting device which is required
or necessary under the safety regulations described by the Federal
Aviation Agency or similar agencies.
An owner-occupied dwelling unit that contains no more than
five guest rooms where lodging, with or without meals, is provided
for compensation. The operator of the inn shall live on the premises
or in adjacent premises.
A parcel of land, intended to be used for urban purposes,
which is entirely surrounded by public streets, highways, railroad
rights-of-way, public walks, parks, drainage channels, or a combination
thereof.
All of the property on one side of the street between two
intersecting streets or between an intersecting street and the dead
end of a street.
The local body, created by ordinance, whose responsibility
is to hear appeals from decisions of the Administrative Official and
to consider requests for variances.
Security in the form of and limited to a cash deposit, surety
bond underwritten by a bonding company licensed to do business in
Arkansas, or instrument of irrevocable bank credit in an amount and
form satisfactory to the City that can be unilaterally drawn upon
by the City for the completion of proposed improvements by a developer.
An existing street abutting on only one side of the parcel
of land being subdivided.
All improvements required by this title in the public right-of-way
which abuts the subdivision.
The area of that part of the lot not included within the
yards or open spaces herein required.
Any structure including a roof supported by walls, designed
or intended for the support, enclosure, shelter, or protection of
persons, animals, chattels, or property; and forming a construction
that is safe and stable. A building is a type of structure. See "structure"
for more information.
Written permission issued by the Administrative Official
for the construction, repair, alteration, or addition to a structure.
A line parallel to the street right-of-way at the front of
the property and property line at the side and rear of the property
which indicates the limit beyond which buildings or structures may
not be built. Building setback requirements apply to all new construction,
both within and outside of recorded subdivisions.
The area of a single building elevation which encompasses
all of the elevation from the ground to the top, and from one side
to the other side of the building.
The vertical distance measured from the average elevation
of the ground at the front of the building to the highest point of
the structure, excluding of chimneys, ventilators, or other extensions
above the roofline that are not intended for occupancy or internal
usage by persons.
A building that is constructed or intended to be constructed
as the main or principal use of the lot on which said building is
located.
An existing building which fails to comply with the regulations
(for height, size, area, yards and location) set forth in this ordinance
applicable to the district in which this building is located.
The percentage of the lot area covered by the building. The
building area shall include all overhanging roofs.
Any building not designed to be permanently located at the
place where it is or where it is intended to be temporarily placed
or affixed.
A building located at a construction site which serves only
as an office until the given construction work is completed.
Occupation, employment or enterprise which occupies time,
attention, labor, and materials; or wherein merchandise is exhibited
or sold or where services are offered.
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbarium, crematories,
mausoleums, and mortuaries when operated in conjunction with and within
the boundaries of such cemetery.
Official certification that a premises conforms to provisions
of the Zoning Ordinance, building code, and other City ordinances
and may be used or occupied.
The City of Lincoln, Arkansas.
Any office referred to in this title by title, i.e., City
Attorney, City Clerk, City's Engineer, etc., shall be the person
so retained in this position by the City, or his duly authorized representative.
A facility for the examination and treatment of ill and afflicted
human outpatients; provided, however, that patients are not kept overnight
except under emergency conditions.
A membership organization established for specific purposes,
having a charter of bylaws, and operating in other localities in addition
to Lincoln.
Use of a common wireless communication facility (WCF) or
common site by two or more wireless license holders or by one wireless
license holder for more than one type of communications technology
or placement of a WCF on a structure owned or operated by a utility
or other public entity.
Any sign, wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business,
product, service, or other commercial activity.
Heavy machinery equipment, dump trucks, tractor and trailer
rigs, either as one unit or separately, vehicles having more than
two axles on the road, and similar vehicles not ordinarily used for
personal transportation.
Space used by one or more parties for the storage of merchandise.
Material may be transferred into and out of by owner or other authorized
persons.
The Planning Commission of the City of Lincoln.
The official statement reflecting the objectives, policies,
and ambitions of the community regarding future physical growth. The
Plan serves as a guide for making land use changes, preparation of
implementing ordinances (zoning, platting), preparation of capital
improvement programs and the rate, timing and location of future growth.
The Plan reflects the general location for various land uses, major
streets, parks, public buildings, zoning districts and other public
improvements. The General Plan shall be hereinafter called the "Plan."
A use permitted in zones where they are specifically listed
as a conditional use. The conditional use is only permitted in a particular
zoning district upon review with authorization by the Planning Commission.
Special conditions, such as site improvements, buffers, ingress and
egress controls, number of occupants or employees, hours or days of
operation, control of light and noise, may be reasonably required
to ensure the land use functions with minimal impacts on neighboring
properties.
A building or group of buildings in which units are owned
individually, and the structure, common areas, and facilities are
owned by all the owners on a proportional, undivided basis.
A chartered, nonprofit membership club catering primarily
to its membership, providing one or more of the following recreational
and social activities: golf, swimming, riding, outdoor recreation,
clubhouse, locker room, and pro shop.
The County Clerk of Washington County, Arkansas.
A street having one end open to the traffic and being terminated
at the other end by a vehicular turnaround.
Conditional use permit.
Any child-care facility conducted under public or private
supervision on a profit or nonprofit basis providing direct care and
protection for minor children. Any facility that is open more than
five hours during any twenty-four-hour period or more than a total
of 10 hours during a seven-day period is considered a child-care center
and shall be subject to provisions of the Child Care Facility Licensing
Act.[1] This definition includes, but is not limited to, a nursery,
a nursery school, a registered home day-care, a day-care family home,
or day-care center. However, this definition does not include:
Special schools or classes operated solely for religious instruction.
Facilities operated in connection with a church, shopping center,
business or establishment where children are cared for not more than
five hours during any twenty-four-hour period or more than a total
of 10 hours during a seven-day period.
Educational facilities, whether public or private, which operate
solely for educational purposes in Grade 1 or above and does not provide
any custodial care.
Kindergartens operated as a part of the public schools of this
state.
Any situation, arrangement, or agreement by which one or more
persons care for fewer than six children from one family at the same
time.
Any recreational facility or program, whether public or private,
which operates solely as a place of recreation for minor children,
where children are not cared for more than five hours during any twenty-four-hour
period or more than a total of 10 hours during a seven-day period.
Any state-operated facility to house juvenile delinquents or
any serious offender program operated by a state designee to house
juvenile delinquents, foster home, group home, or custodial institution.
A commercial child-care center conducted under private, for-profit,
auspices providing direct care and protection for children.
A child-care center conducted by a religious institution,
school or other nonprofit organization and providing direct care and
protection for children excepting that this definition does not apply
to facilities meeting this definition but operating no more than three
weeks at a time, specifically including religious study schools and
day camps.
A situation, arrangement or agreement by which one or more
persons care for eight to 16 children from more than one family and
are cared for in a caregiver's own family home or in some other
suitable family-type residence.
A situation in which the resident of a home cares for seven
children or fewer.
A structure constructed of lattice steel and which is entirely
self-supporting.
Standards that set forth specific improvement requirements.
See "applicant."
See "zoning district."
Any retail commercial use providing considerable off-street
parking and catering primarily to vehicular trade, such as drive-in
restaurants, drive-in theaters, and similar uses.
Containers of at least five cubic yards in size which are
utilized for collection of garbage and other waste materials which
are located upon any property, including commercial use property and
any combination of apartment units.
See "dwelling, two-family."
A permanent dwelling for a security guard or caretaker employed
on the premises of a site. A dwelling for a resident security guard
or caretaker does not include recreational vehicles (RV) or manufactured
homes.
A residence designed for occupancy by five or more families,
with separate housekeeping and cooking facilities for each.
Any room or group of rooms, including manufactured housing
units, located within a structure forming a single habitable unit
with facilities which are used or intended to be used for living,
sleeping, cooking, eating, and sanitation by one family, but not including
house trailers, travel trailers, or house boats.
A dwelling having any portion of one or more walls in common
with adjoining dwellings.
Ground floor retail or professional offices with a residence
on the second floor. See also "mixed uses."
A dwelling having no wall, roof, floor, or other structural
element in common with another building.
A detached residence designed for occupancy by four families.
A building used jointly for commercial and residential purposes
on the same floor and where the residential use of the building is
secondary or accessory to the primary use as a place of work.
A dwelling unit located in a multistory commercial structure
where the commercial and residential uses are vertically separated
with the commercial uses on the ground floor and the residential uses
on the upper floors.
A detached residence designed for occupancy by one family
only.
A detached residence designed for occupancy by three families.
Two or more dwelling units attached at the side or sides,
each unit of which has a separate outdoor entrance and is designed
to be occupied and may be owned by one family.
A detached residence designed for occupancy by two families.
A property interest granted to an individual, a public utility
company, the City, or other public bodies, or the general public,
for the establishment, use, maintenance or enlargement of specified
uses, such as, but not limited to utilities, drainage, and pedestrian
or vehicular access.
The professional engineer who is the contact for and who
is responsible for development projects being considered by the City
of Lincoln.
Any structure used to contain ancillary equipment for a Wireless
Communication Facility (WCF), which includes cabinets, shelters, and
a build-out of an existing structure, pedestals, and other similar
structures.
The final facade covering or treatment of a building or structure
being that finish visible from outside the structure.
The Federal Aviation Administration.
See "restaurant, fast-food," and "restaurant, drive-in."
The Federal Communication Commission.
The Federal Manufactured Home Construction and Safety Standards
promulgated by the United States Department of Housing and Urban Development
under the authority of 42 U.S.C. § 5401 et seq. as it existed
on January 1, 1976.
A wall, hedge, tree, screening, or railing more than 48 inches
in height that forms the boundary to or encloses some area.
A man-made barrier constructed to provide privacy and visual
separation between dissimilar uses. Such fences shall be impervious
to rays of visible light.
That facade of the building that abuts the required front
yard as stipulated in this Zoning Code. The entrance door does not
have to be in this facade.
The front or frontage is that side of a lot abutting on a
street or way and ordinarily regarded as the front of the lot, but
it shall not be considered as the ordinary sideline of a corner lot.
The Federal Telecommunications Act of 1996.
A dwelling unit for one family located on the second floor
situated over a vehicular garage.
An accessory building or a part of a main building used for
storage purposes only for automobiles used solely by the occupants
and their guests of the building to which it is accessory and not
for commercial repair use.
A building in which are provided facilities for the care,
servicing, repair, or equipping of automobiles.
Any building, structure, or land used primarily for the dispensing,
sale of fuels, oils, accessories, or maintenance and repair services.
Any apartment or other separate building used for family
members, nonpermanent visitors, or domestic employees that pay no
rent.
A structure constructed of lattice steel and which is supported
by guy wires extending at angles from the structure to ground anchors.
A licensed home for inmates on release from more restrictive
custodial confinement or initially placed in lieu of such more restrictive
custodial confinement, wherein supervision, rehabilitation, and counseling
are provided to mainstream residents back into society, enabling them
to live independently. Such placement is pursuant to the authority
of the State Department of Corrections.
When referring to a wireless communication facility (WCF),
height shall mean the distance measured from ground level to the highest
point on the WCF, including the antenna array.
A dedicated public right-of-way which provides vehicular
and pedestrian access to adjacent properties.
Any occupation or profession carried on solely by the occupant
of the dwelling and which is clearly incidental and secondary to the
use of the premises for dwelling purposes. The operation of a tearoom
or restaurant, rest home, clinic, doctor or dentist office, child-care
center, tourist home, or cabinet, metal, or auto repair shop shall
not be deemed a home occupation.
An institution providing health services primarily for human
in-patient or medical or surgical care for the sick or injured, and
including the related facilities, such as laboratories, out-patient
departments, training facilities, central service facilities and staff
offices which are integral parts of the facilities.
A building or part thereof occupied as a more or less temporary
abiding place for individuals in which the rooms are usually occupied
singularly for hire and in which rooms no provisions for cooking is
made, and in which building there is usually a kitchen and public
dining room for the accommodation of the guests. This definition does
not include an auto or trailer court or camp, sanatorium, hospital
asylum, orphanage, or building where persons are housed under restraint.
Illumination that is so arranged that the light is directed
into the eyes of the viewer from the light source.
Illumination that is so arranged that the light is reflected
from the sign to the eyes of the viewer.
Illumination that comes from lamps, lenses, or devices designed
to focus or concentrate the light rays of the source.
Street grading and surfacing, curbs and gutters, water mains
and lines, sanitary and storm sewers, culverts and bridges, and other
utilities and related items.
A cash contribution for required boundary street improvements
instead of immediate construction.
Any lot or premises in which four or more dogs, more than
six months of age, are kept for personal use or boarding.
A combination of living plants (such as grass, ground cover,
shrubs, vines, hedges, or trees) and nonliving materials (such as
rocks, pebbles, sand, mulch, walls, fences or decorative paving materials)
arranged or preserved in such a way as to produce a scenic setting.
A parcel of land greater than 10 acres in size.
An unobstructed, hard surface area located on the public
right-of-way and the use of which is for the standing, loading or
unloading of trucks and trailers.
The percentage of lot area occupied by the principal and
accessory buildings on such lot.
The mean horizontal distance between the front lot line and
the rear lot line, or the distance between the midpoint of the front
lot line and the midpoint of the rear lot line.
A lot other than a corner lot, which is flanked by other
lots and has only one street frontage.
In the case of an interior lot, the line separating said
lot from that street which is designed as the front street in the
request for a building permit.
The lot boundary opposite and most distant from the front
lot line. In the case of a pointed or irregular lot, it shall be an
imaginary line parallel to and farthest from the front lot line. In
triangular or odd-shaped lots, as defined by the Planning Commission.
Any lot line other than a front or rear lot line as defined
herein.
The lines bounding a lot as defined herein.
A lot or parcel of land, the deed to which has been recorded
in the office of the County Recorder of Washington County prior to
the adoption of this code.
The width of a lot measured at the front building setback
line.
The total horizontal area included within legally defined
lines enclosing the lot.
A lot located at the intersection of and abutting on two
or more streets.
A lot that is an interior lot extending from one street to
another and abutting a street on two ends (mainly front and back yards).
The same as an interior lot except there is only driveway
access to a street. No substantial street frontage is present.
A double-frontage lot which is designed to be developed with
the rear yard abutting a major street and with the primary means of
ingress and egress provided on a minor street.
Any roof that has an angle greater than 45° and which
derives part of its support from the building wall and is attached
to, but not necessarily a part of, a low-slope roof and which extends
along the full length of a side building wall or 3/4 of the length
of a side building wall. For purposes of this code, a low-slope roof
shall mean any roof with a pitch less than three inches rise per 12
inches horizontal.
A dwelling unit constructed in a factory in accordance with
the federal standards and meeting the definitions set forth in the
federal standards and under A.C.A. § 20-25-102.
Ground within a mobile home park designed for the accommodation
of one manufactured home.
Intensive manufacturing facilities can have a significant
impact on the environment, and the use and enjoyment of surrounding
property. Characterized by capital-intensive and less labor-intensive
operations. Products made by an economy's heavy industry are
less likely to be targeted toward end consumers. Includes such uses
as: automobile manufacturing, mining, petroleum, and steel industries
which require very large capital investment in weighty machinery and
plants of significant size.
Characterized by less capital-intensive and more labor-intensive
operations. Products classified as light industry tend to be targeted
toward end consumers rather than other businesses. Consumer electronics
and clothing manufacturing are examples of light industry. Light industry
facilities typically have less environmental impact than those associated
with heavy industry.
The official street plan for the City.
A portion of land not in a platted subdivision which is described
by bearings and distances.
A dwelling unit constructed in a factory before the enactment
of the federal standards.
A standardized unit other than a manufactured home, as defined
above, which is manufactured off-site, assembled at the building site,
and which meets the City's building codes.
A business consisting of a building or group of buildings
so arranged as to furnish overnight accommodations for transient guests.
Any building or structure lawfully existing on the effective
date of this ordinance, as amended, which does not comply with all
of the regulations of this ordinance for governing parking, or bulk
and area requirements for the zoning district in which such use is
located.
Any building or land lawfully occupied by a use at the time
of passage of this code which does not conform to the use or area
regulations of the district within which it is located.
Any premises where more than three persons are lodged and
furnished with meals and nursing care.
The square feet within a structure that is occupied by patrons,
visitors, employees, and shoppers, waiting rooms, patient treatment
areas, and areas for exercise and recreation that are enclosed. Display
areas, retail space, material assembly areas, meeting rooms and lodging
accommodations will be included. Specifically excluded from occupied
space will be storage areas and unimproved enclosed building space
primary for products, materials, and supplies where employees are
not permanently assigned. Occupied space in a motel or hotel will
be 70% of the total square footage.
A circumstance whereby a tract of land is physically separated
from another by the intervention of a public street, alley or an unrelated
ownership.
The area to the legal center line of the required roadway.
Where a clearly defined right-of-way does not exist, the Department
of Engineering Services shall establish the center line location.
As applies to a fence or screen required in this ordinance,
a fence or screen that blocks vision.
A yard, court or the space between two buildings or between
a building and the boundary line of a parcel not developed or improved.
An area that is open to the general public and reserved for
recreational, educational, cultural, or aesthetic use.
An off-street facility including parking spaces and drives
and aisles for maneuvering, and providing access for entrance and
exit, developed in a way to accommodate the parking of automobiles.
A parking area for the exclusive use of the owners, tenants,
lessees, or occupants of the lots on which the parking area is located
or their customers, employees, or whomever else they permit to use
the parking area.
A parking area available to the public, with or without payment
of a fee.
An off-street space available for the parking of one motor
vehicle.
The portion of a street available for vehicular traffic,
where curbs are laid, as measured from back of curb to back of curb.
A use which is specifically authorized in a particular zoning
district.
An institution that people regularly attend to participate
in or hold religious services, meetings, and other activities. The
term "church" shall not carry a secular connotation and shall include
buildings in which the religious services of any denomination are
held.
A fully dimensioned drawing which illustrates in detail all
elements of a development proposal, including, but not limited to,
property lines, streets, easements, structural elements, and landscaping.
A final plan is prepared by a registered land surveyor, or architect
or engineer or a disciplinary team of these professionals. A final
plan further contains proper certification for accuracy and will be
recorded by the County Clerk.
A fully dimensioned drawing which illustrates in detail all
elements of a development proposal. A preliminary plan is prepared
by a registered land surveyor, architect or engineer and will only
be changed by approval of the City.
A development of land that is under unified control and is
planned and developed as a whole in a single development operation
or programmed series of development stages. The development may include
streets, circulation ways, utilities, buildings, open spaces, and
other site features and improvements.
The public agency created by ordinance empowered to prepare
a comprehensive plan and evaluate changes in land use for conformance
with the plan.
A map or drawing and accompanying material indicating the
layout and design of a proposed subdivision or lot-split prepared
by a developer for consideration and approval by the Planning Commission.
Such plats may be the sketch plat, the preliminary plat, or the final
plat.
Any plat of any lot, tract, or parcel of land requested to
be recorded in the deed and plat records of the County Recorder; which
has been certified by a professional land surveyor, and which is signed
by the Planning Commission Chairperson.
Any plat of lot, tract, or parcel of land that is not to
be recorded, but is only a proposed division of and that is presented
only for review and study by the City; to provide the basis for installing
site improvements and utilities, and for dedicating and/or reserving
land for public use; and the approval of which authorizes the developer
to begin the construction of improvements.
The main structure or building on a lot or parcel in which
the primary permitted use by right occurs.
The specific primary purpose for which land, building, or
structure is used or intended to be used.
A person who has been duly registered or licensed as a professional
engineer by the State Board of Registration for Professional Engineers
and Land Surveyors.
Any person engaged in the practice of land surveying as defined
in this section and who is licensed by the State Board of Registration
for Professional Engineers and Land Surveyors.
A building or structure where no on-premises stock of goods
for sale to the general public is maintained (incidental sales of
supplied may be allowed) and the operations and services of which
are generally of a personal, medical, financial, or legal nature,
including, but not limited to, doctors, lawyers, photographers, barbers
or beauticians, engineers, or public service companies.
The legal boundary of a lot that locates the lot by word
description, and physically on the ground.
An entity providing wireless communication services through
one or more antenna arrays located on a wireless communications tower.
A space, room, or structure designed or used for occupancy
by 20 or more persons who are gathered for a noncommercial purpose.
Clubs, lodges, halls, and churches are places of public assembly.
Any person, firm, corporation, municipal department, or board,
duly authorized to furnish and furnishing under regulations to the
public, electricity, gas, telephone, television cable, telegraph,
transportation, drainage, water, or sanitary sewerage.
A commercial communication tower not covered under the Telecommunications
Act of 1996.
A radio or TV tower that is attached to a residence(s) for
home or amateur use, and not covered under the Telecommunications
Act of 1996.
An amendment to or a change in the Zoning Ordinance reflecting
a change or revision or modification of the Zoning District Boundary
Map.
Self-propelled or towed temporary living quarters equipped
with minimum of bed, sanitation, bath and cooking facilities.
The resubdivision of any part of a previously platted subdivision,
addition, lot, or tract.
A building or part of a building containing one or more dwelling
units but not including:
A business establishment whose principal business is the
selling of unpackaged food to the customer in a ready-to-consume state,
in individual servings, or in nondisposable containers, and where
the customer consumes these foods while seated at tables or counters
located within the building.
An establishment that delivers prepared food and/or beverages
to customers in motor vehicles, regardless of whether or not it also
serves prepared food and/or beverages to customers who are not in
motor vehicles, for consumption either on or off the premises.
Any establishment whose principal business is the sale of
foods, frozen desserts, or beverages in ready-to-consume individual
servings, for consumption either within the restaurant building or
for carry-out, and where either: 1) foods, frozen desserts, or beverages
are usually served in paper, plastic, or other disposable containers,
and where customers are not served their food, frozen desserts, or
beverages by a restaurant employee at the same table or counter where
the items are consumed; or 2) the establishment includes a drive-up
or drive-through service facility or offers curb service.
A use in which items are typically placed for public sale
in open air display, including, but not limited to souvenir shops,
novelty shops, T-shirt shops, and lawn mower shops.
A multifamily development intended for use by retired persons
and not open for rental or sale to the general public.
An amendment to or a change in the Zoning Ordinance, which
may be:
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, oil or gas
pipeline, water main, sanitary or storm sewer main, shade trees, or
other conditional use.
The dedication to the City of sufficient right-of-way as
required by the most recently adopted Master Street Plan. Right-of-way
dedication for boundary streets shall apply to the one-half street
section abutting a proposed subdivision or development.
A facility that provides a curriculum of elementary and secondary
academic instruction, including kindergartens, elementary schools,
junior high schools, and high schools.
A structure containing separate, individual, and private
storage spaces of varying sizes leased or rented on individual leases
for varying periods of time.
See "gasoline or service station."
The minimum horizontal distance between a street right-of-way
property line and the nearest wall of a building or side of a structure
facing such right-of-way line, or the edge of the area of operation
of a principal use when no building or structure is involved. When
referring to a wireless communication facility (WCF), "setback" means
the required distance from the WCF to the property lines of the parcel
on which the WCF is located.
Two or more retail stores and/or service establishments,
or one retail store and one service establishment, sharing customer-parking
areas, regardless of whether said stores and/or service establishments
occupy separate structures or are under separate ownership.
A plan, to scale, showing uses and structures proposed for
a parcel of land, including lot lines, streets, building sites, reserved
open space, buildings, landscape features, and location of proposed
utilities lines.
The process whereby the Planning Commission or staff reviews
the site plans and maps of a developer to assure that they meet the
stated purposes and standards of this code, provide for the necessary
public facilities, and protect and preserve topographical features
and adjacent properties through appropriate siting of structures and
landscaping.
A detached single-family dwelling that is principally constructed
at the site from standard building materials and that meets or exceeds
the building codes of a City.
A building or group of buildings designed to contain multiple
storage compartments for use by individuals on a short-term or long-term
basis.
An accessory structure designed and used for the purpose
of taking refuge from inclement weather or other pending disaster.
That portion of a building, other than a basement, included
between the surface of any floor and the surface of the floor next
above it or, if there is not a floor above it, the space between the
floor and ceiling next above it. A half story is a partial story under
a gable, hip, or gambrel roof, the wall plates of which on at least
two opposite exterior walls are not more than four feet above the
floor of each story.
Any public or private thoroughfare that affords the principal
means of access to abutting property.
The shortest distance between the lines, which delineate
the right-of-way of a street. It runs from abutting property line
to abutting property line.
The principal traffic thoroughfares continuous across the
City which are intended to connect distant parts of the City or those
adjacent thereto, and act as principal connecting streets with state
and federal highways. Each arterial street shall be designated on
the Master Street Plan of the City.
A street which is continuous through several residential
and/or commercial areas and is intended as a connecting street between
residential areas and arterial or business areas.
A street, similar to a cul-de-sac, but providing no turnaround
at its closed end.
A street which is intended primarily to serve traffic within
a limited commercial area, and which is not necessarily continuous
through several areas.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams, or girders, or any
substantial change in the roof or in the exterior walls.
Anything constructed or erected, the use of which requires
a fixed location on the ground or attached to something having a fixed
location on the ground. Among other things, structures include buildings,
manufactured homes, walls, fences, billboards and poster panels.
The division of a parcel of land into two or more lots or
parcels for the purpose of transfer of ownership or building development.
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of surrounding
land, or an above-surface pool, having a depth of more than 30 inches,
designed, used, and maintained for swimming.
Any retail establishment that is greater than 3,500 square
feet in gross floor area which offers for sale prepackaged food products,
household items, newspapers and magazines, and sandwiches and other
freshly prepared foods, such as salads, for off-site consumption.
For establishments 3,500 square feet or less, see "convenience store."
A dwelling designed to be occupied by one family.
A purpose to which land is committed.
Administrative relief from the literal provisions of this
code when, because of particular physical surroundings, shape or topographical
condition of the property, compliance would result in a unique, particular
hardship upon the owner, as distinguished from a mere inconvenience.
The hardship shall not result from actions of the applicant.
Any fence, wall, tree, hedge or shrub, or a combination of
them which limits visibility. Such obstructions are prohibited at
corners to assure good visibility for motorists.
An upright structure of masonry, wood, plaster, or other
building materials serving to enclose, divide, or protect an area.
For building code purposes, warehouse space used in connection
with and on the same premises as wholesale or retail operation is
considered storage space if the total warehousing space occupies less
than 60% of the structure/s, and the primary use is the associated
wholesale or retail operation.
Any unstaffed facility covered under the Telecommunications
Act of 1996 used for the transmission or reception of wireless telecommunications
services, usually consisting of an antenna array, connection cables,
an equipment facility, and a support structure to achieve the necessary
elevation.
Any personal wireless service as defined in the Telecommunications
Act of 1996, which includes FCC-licensed commercial wireless communications
services, including cellular, personal communication services (PCS),
specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), paging, and similar services that currently exist or that
may in the future be developed.
All wires suspended above ground by a utility or other entity
so that clearances mandated by current editions of the National Electric
Safety Code, the National Electric Code, and other state and local
regulations must be maintained.
The open space between the lot line and the main building
line.
Any yard which is adjacent or parallel to a public or private
right-of-way or designated floodway, as specified on the Flood Insurance
Rate Maps.
The required area of open space extending across the full
width of the lot, the depth of which shall be the least distance between
the front lot line and the nearest point of the main building as measured
from the exterior face of the building foundation, or of any open,
unenclosed porch or paved terrace. On corner lots, the front yard
shall be considered as parallel to the street upon which the lot has
its least dimension.
Any yard which does not run adjacent or parallel to a public
or private right-of-way or a designated floodway.
The minimum allowable horizontal distance between the rear
lot line and the main building, extending across the rear of the lot
between the side lot lines. Neither the main building nor any projection
thereof other than steps, unenclosed porches, or entranceways may
extend into the required rear yard.
The required area of open space between the main building
and the side lot line, extending from the front yard or front lot
line where no front yard is required, to the rear yard, the width
of which shall be the least distance between the side lot line and
the nearest point of the main building.
An area of land designated in the Zoning Ordinance in which
requirements for the use of land and building and development standards
are prescribed.
That boundary line which separates unlike zoning districts.
[1]
Editor's Note: See A.C.A. § 20-78-201 et seq.
