TITLE 14 ZONING CHAPTER ZONING ORDINANCE ADOPTED BY REFERENCE

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1 TITLE 14 S-12 ZONING Chapters: Zoning Ordinance Adopted By Reference Sign Ordinances Flood Control Ordinance Other Provisions Annexing, Vacating and Re-Zoning Variance Requests Purchased Property Infrastructure in Undeveloped Areas Annexation of Gravel Ridge CHAPTER ZONING ORDINANCE ADOPTED BY REFERENCE Zoning ordinance adopted by reference Amendments to zoning ordinances listed Zoning ordinance adopted by reference The city of Sherwood, Arkansas, hereby approves and adopts by reference Zoning Ordinance No. 729 and subsequent amendments, after public hearing duly held hereon, following notice of such hearing as required by law, said ordinance consisting of the text and zoning district map, of which ordinance not less than three (3) copies have been and are now filed in the office of the Clerk/Treasurer and from the date on which the ordinance shall take effect he provisions thereof shall be controlling within the limits of said city Amendments to zoning ordinance listed Ord. No Fee when applying for rezoning Ord. No All legal notices in rezoning requests must carry street address of rezoning Ord. No Five-person Board of Adjustment Ord. No Zoning map changes Ord. No Fences, walls or hedges Ord. No Non-conform property - when reconstructed must conform Ord. No Public hearings on proposed amendments 294

2 S-15 Ord. No Planned unit development created Ord. No Modifications to schedule of uses Ord. No Amendments to R and C classifications Ord. No Amendments - side and rear yards Ord. No Replacement of destroyed mobile homes Ord. No Replacement of non-conforming commercial property Ord. No Changes and additions to C Classification Ord. No Security personnel living quarters Ord. No Screening fences where an R-3 abuts an R-1 or R-2 Ord. No Clarifications - front setback lines in commercial zones Ord. No Fee raised to $ on rezoning requests Ord. No Changes to C-3 and C-4 districts Ord. No Schedule of uses changed for municipal buildings and grounds Ord. No Taxicab facilities in C-3, C-4 and I-1 districts Ord. No Outdoor storage allowed as conditional use in C-3 Ord. No Outdoor storage - changes to Ord. No Ord. No Further changes - outdoor storage Ord. No Outdoor flee markets allowed in C-4 and I-1 Ord. No Funeral homes/parlors allowed in C-1, C-2, C-3 and C-4 Ord. No Boatworks is conditional use in C-4 Ord. No Auto repair - permitted uses and conditional uses Ord. No Penalties for violation of Ord. No. 729 (Zoning Ordinance) Ord. No Auto repair garage defined Ord. No Tool and equipment rental is conditional uses in C-3 Ord. No Study Committee to be appointed Ord. No Changes to setback and height requirements Ord. No Monopole Communications Towers in C-4 and I-1 Ord. No Ibid., C-3 Ord. No Ibid, Structural towers Ord. No Maximum height for accessory building is one story Ord. No Repeal of Sec. 4.3 and Sec. 8. Ord. No Cessation of Nonconforming use; Uses exclusively conditional Ord. No Communication towers Ord. No Expansion or change of a non-conforming use Ord. No Extension to Sherwood Plaza Shopping Center Ord. No Repealing Section 4.2 of Ord. 729; amending Section 8 of Ord Ord. No Open storage in commercial zone defined. Ord. No Minimum lot width of 20 feet for pipe stem lots. Ord. No Attached uncovered decks are not a part of principal building; roofed decks are Ord. No Schedule of uses to allow hotels and motels in C-3 Commercial Zone Ord. No Site plan review process applying to several zoning uses Ord. No Library, art gallery, museum or similar display use in 0-2 Office Zone Ord. No C-4 Commercial zone would allow light industrial technology 294.1

3 S-17 Ord. No CSC, C-2 and C-3 Commercial zone will allow dog grooming Ord. No Zero Lot Line Houses are allowed as permitted use in R-1 Residential Zone Ord. No Section 8 of Ord. No. 729 is amended. Ord. No Vending machines prohibited in C-3 of higher zoning classification. Ord. No Nursing home in R-2, C-2, C-3, C-4 and O-2 as conditional use, R-3 & R-4 by right Ord. No Municipal Water Tanks in all zoning classifications. Ord. No Clarify difference between accessory uses and accessory buildings. Ord. No Conditional use for Wholesale Establishments Ord. No Definition of accessory buildings. Ord. No Security personnel living quarters Ord. No Nursing homes allowed in R-1, R-2, C-2, C-3, C-4 and O-2 as conditional use, R-3 & R-4 by right 294.2

4 S-15 CHAPTER SIGN ORDINANCES Sign ordinance adopted by reference Amendments to sign ordinance listed Sign ordinance adopted by reference The city of Sherwood, Arkansas, hereby approves and adopts by reference Zoning Ordinance No. 603 and subsequent amendments, after public hearing duly held hereon, following notice of such hearing as required by law, said ordinance consisting of the text and zoning district map, of which ordinance not less than three (3) copies have been and are now filed in the office of the Clerk/Treasurer and from the date on which the ordinance shall take effect he provisions thereof shall be controlling within the limits of said city Amendments to sign ordinance listed Ord. No Incidental signs, on-premises signs, setbacks, permits Ord. No Garage sale signs Ord. No Billboards adjacent to federal primary highways Ord. No No signs on private property without owner s consent Ord. No Freestanding signs - requirements Ord. No Notification of property owners with 300 feet Ord. No Changes to Ord. No applicability, definitions, general information, signs, general commercial and industrial, Board of Sign Appeals, violations and penalties/remedies Ord. No Effective date of Ord. No Ord. No Changes to Ord. No similar to Ord Ord. No Amends Ord Ord. No Directional signs - interstate or state highway and access roads Ord. No Roof and Wall signs Ord. No Commercial signage; Location requirements Ord. No Ord. No is amended: The sentence Annual sign Renewal Fee (Due January 30 each year) $5.00 per sign is omitted. The sentence Annual Sign Renewal Fee (Off-site) $75.00" is hereby amended to read: Annual Sign Renewal Fee - Off-Site; (payable by January 30 th each year) $

5 Ord. No Use of certain city property for erecting and maintaining a billboard Ord. No Variance of forty feet in height to McDonald s on 8400 Warden Rd. Ord. No Regulations for electronic signs Ord. No Temporary signs for non-profit organizations S-13 CHAPTER FLOOD CONTROL ORDINANCE Flood control ordinance adopted by reference Amendments to flood control ordinance listed Flood control ordinance adopted by reference The city of Sherwood, Arkansas, hereby approves and adopts by reference Zoning Ordinance No. 340 and subsequent amendments, after public hearing duly held hereon, following notice of such hearing as required by law, said ordinance consisting of the text and zoning district map, of which ordinance not less than three (3) copies have been and are now filed in the office of the Clerk/Treasurer and from the date on which the ordinance shall take effect he provisions thereof shall be controlling within the limits of said city. 296

6 Amendments to flood control ordinance listed Ord. No Changes to Ord authorization, findings, purpose; definitions; general provisions; administration; hazard reduction; etc. Ord. No Changes to Ord authorization, findings, purpose; definitions; general provisions; administration; hazard reductions; etc. Ord. No Flood rate map made to conform to National Flood Insurance program regulations CHAPTER OTHER PROVISIONS Setback lines Swimming pools Condominiums Antennae, satellite dishes Placement of manufactured housing Building setback lines Setback lines A. It shall be unlawful for any person, firm, or corporation to construct any building or other type of improvement closer than twenty-five (25) feet to the front property line on any lot or piece of property within the limits of the City of Sherwood. (Ord. No. 134, Sec. 1.) B. For the purposes of this ordinance, a building shall be defined to include a solid fence more than two (2) feet in height from the ground. (Ord. No. 134, Sec. 2.) C. In Block 313, Park Hill Addition, abutting on Coulter Road and Verona Avenue, Block 314, abutting on Verona Avenue, Devon Avenue and Coulter Road, Block 330, Block 315, abutting on Devon Avenue, Verona Avenue, and Coulter Road, Block 316 abutting on Verona Avenue West and Coulter Road, Clock 319, and Block 331, the front building line shall be as set forth in the plat or bill of assurance of said properties filed in the office of the Recorder of Pulaski County. On corner lots the narrow part of the lot on an abutting street shall be considered the front of the lot, and the house or other buildings shall be set back twenty-five (25) feet from the front part of the lot and at least fifteen (15) feet from the long side of the lot abutting the other street. In any areas where setback or building lines have been established and recorded with a bill of assurance or plat 297

7 S-10 in the office of the Recorder of Pulaski County, said set-back lines will be observed and any encroachment upon said set-back lines will be observed and any encroachment upon said set-back lines will be considered a violation of this ordinance. (Ord. No. 134, Sec. 3.) D. In any block in the city of Sherwood, which, on the date of the acceptance of this ordinance, has one or more buildings closer than twenty-five (25) feet to the front property line, the City Council may grant permission to construct buildings closer than twenty-five (25) feet but in no event closer to the front property line than are buildings already erected. (Ord. No. 134, Sec. 4.) E. Nothing in this ordinance shall be construed to interfere with any buildings standing on the effective date of this ordinance, nor shall it interfere with the repair or maintenance of any such buildings now existing; but it shall apply to any new buildings or to any extensions of existing buildings. No fence as defined in Section Two hereof as a building and covered by this ordinance may be repaired, and it shall be set back to comply with this ordinance when the same is rebuilt or repaired. (Ord. No. 134, Sec. 5.) F. Any building permit issued without compliance with this ordinance shall be deemed absolutely void, and the property owner may be proceeded against the same as though he attempted to construct without compliance with the building permit ordinance. (Ord. No. 134, Sec. 6.) Swimming pools A. Henceforth, from and after the effective date of the passage of this ordinance, it shall be unlawful to construct a swimming pool or maintain a swimming pool that does not have an enclosure surrounding it less than four feet in height. B. Such enclosure, if not of solid construction having no gaps or spaces between building components, shall have intermediate rails, mesh, or ornamental closures that do not allow passage of a sphere 4 inches in diameter. Required enclosure shall not be constructed with horizontal rails or other ornamental pattern that results in a ladder effect. Exception: The triangular openings formed by the riser, tread and bottom rail of any portion of the required enclosure at the open side of any stairway are permitted to be of such size that a sphere 6 inches cannot pass through. C. Any gate located in the required enclosure must have a latch located not less than three feet, eleven inches from the ground. 298

8 S-10 D. Any person, firm or corporation, who shall violate any provision of this ordinance shall, upon conviction thereof, be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or imprisonment for a term not to exceed thirty (30) days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served, shall be deemed a separate offense, which is subject to a fine not less than Twenty-Five Dollars ($25.00) for each day that the violation continues unabated. (Ord. No. 1676, Secs. 1-4.) 298.1

9 Condominiums A. There is hereby adopted by the city of Sherwood the provisions of the Arkansas Horizontal Property Act. (Ord. No. 372, Sec. 1., A.C.A ) B. In order to obtain a building permit for the construction of condominiums or the conversion of existing buildings to condominiums the property must have obtained a zoning classification approved by the City council authorizing the property to be used for condominiums. (Ord. No. 372, Sec. 2.) Antenna, satellite dishes A. Henceforth, it shall be illegal to permit T.B. satellite antennas, dishes, or any other antennas for T.V. or radio reception and/or transmission to be placed and/or constructed outside the building lines and/or setback requirements of any lot or lots as these requirement are or may be designated by the ordinances of Sherwood. (Ord. No. 533, Sec. 1.) B. Any person, persons, firm or corporation that violate this ordinance shall be deemed guilty of a misdemeanor and shall be fined not less that $50.00 or more than $ Each day that this offense is committed shall be deemed a separate offense. (Ord. No. 533, Sec. 2.) Placement of manufactured housing A. Intent It is the intent of these regulations to permit the provision of low to moderate income housing, Class A manufactured housing, which complies with all of the following regulations will be permitted in city approved residential manufactured housing zoning classification hereafter referred to as R-4. Class B manufactured housing shall be permitted in mobile home parks. This Ordinance is not to infer that manufactured housing is precluded from any zone is said housing is in compliance with all criteria of said zone. (Ord. No. 556, Sec. 1. as amended by Ord. No. 639, Sec. 1.) R-4 District The following regulations shall apply in all R-4 districts: 1. Uses permitted: a. Single family dwelling. b. Customary home occupations, provided that there shall be no external evidence of such occupations and no uses which would be offensive to adjoining property owners. 299

10 c. Other customary accessory buildings, provided such buildings are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal buildings. 2. Lot area Lot area shall not be less than 6,000 square feet and a lot width of not less than sixty (60) feet except where there is not provided a municipal water supply or sanitary sewer system or said lot meets the state and county health requirements. 3. Yard required: Each lot shall have front, side, and rear yards not less than the depth or width following: a. Front yard - twenty-five (25) feet, or as determined by planning commission. b. Each side yard width - ten percent (10%) of the average lot width up to a maximum of 8 feet. c. Rear yard depth - twenty-five (25) feet, excluding out buildings which shall be a minimum of 10 feet from the property line. (Ord. No. 556, Sec. 1.) B. Class A Manufactured Housing Code Requirements 1. All Class A Manufactured Housing structures to be located within the city of Sherwood must comply with all protective codes currently in effect. This includes the following: a. Standard Building Code b. Arkansas State Plumbing Code c. National Electric Code d. Code for Energy Conservation in New Building Construction e. Any additional codes and regulations which may be in effect. 2. Class A manufactured housing shall have a visible foundation along the entire perimeter of the building. The foundation materials shall be generally approved for such use by the Standard Building code. 3. Class A manufacturer housing shall have a pitch type roof with a minimum 3/12 roof pitch. 300

11 4. Class A manufactured housing shall be tied down (anchored). The design engineer and/or architect with the manufacturer shall furnish tie down (anchor) drawings and/or specifications that will be sufficient for the completed structure to withstand wind velocity pressure at seventy (70) miles per hour wind speed. (Ord. No. 556, Sec. 2.) C. Inspection Procedures Inspection shall be made as required by each Code during the construction of all manufactured housing to be located within the City of Sherwood. Manufactured housing which is being constructed at a location outside of Sherwood may receive inspections according to the procedures described in Sections and of the Standard Building code when this is deemed appropriate by the Chief Building Inspector. The Architect or Engineer referred to in Sections and of the Standard Building code may also certify compliance with all other codes included in Section II A of this ordinance. A manufactured house which receives final inspection approval for all codes as required shall be certified as a Class A unit. (Ord. No. 556, Sec. 3.) D. Appeals Procedure Appeals to the requirements of each code concerning the construction of Manufactured Housing may be made to the review board of the respective code in question. (Ord. No. 556, Sec. 4.) E. Definitions Class A manufactured housing: A manufactured unit which complies with all protective codes in effect within the City of Sherwood and any additional requirements found in Sections IIB, IIC and IID of this ordinance. Class B manufactured housing: A manufactured unit which does not comply with all protective codes in effect within the City of Sherwood. Manufactured Building: Mass-produced in a factory; designed and constructed for transportation to a site for use when connected to required utilities and requiring only minor and incidental on-site combination or installation; either an independent, individual building or a module or combination with other elements to form a building on the site. Manufactured Housing: A manufactured building or portion of a building designed for long-term-residential use. (Ord. No. 556, Sec. 5.) Building setback lines Building lines for residential lots shall be as least twentyfive (25) feet from each front and side street property line. (Ord. No. 849, Sec. 1.) 301

12 S-17 CHAPTER ANNEXING, VACATING AND RE-ZONING Annexing Vacating Rezoning Annexing Ord. No Miller Road Annexation Ord. No Metropolitan Land Company Annexation Ord. No Attached exhibits and annexed and assigned to Ward 4 Ord. No Gravel Ridge Ord. No North Gap Creek Area R-1 Single Family Residence Ord. No Woodridge Subdivision R-1 Single Family Residence Ord. No Oakdale-Mine Road Area R-1 Single Family Residence Ord. No Carr Cove Area R-1 Single Family Residence Ord. No Cato Elementary Northwood School Area R-1 Single Family Residence Vacating Ord. No Utility and/or road easement south of Lots 2 & 3, Block 6. Ord. No Part of Elmwood Rd. south of Lot 5, Block 12, Longstreth Addition Ord. No Sewer, utility and drainage easements on Lot 21 &22, Block 28, Overbrook Addition Ord. No Utility and drainage easement for Lot 17, Chestnut Ridge Subdivision Ord. No Part of Elmwood Rd. south of Lot 5, Block 12, Longstreth Addition Ord. No NW corner of SW ¼ of Sec. 32 Ord. No Five foot utility easement in Lot 7, Block 12 Grandview Addition Ord. No Ten foot utility and drainage easement of Lot 24R, Block 1, Hospital Add. Ord. No Six foot right-of-way easements of Lot 10430B, CVS Subdivision Ord. No Six foot right-of-way easements on Lot 10430A, CVS Subdivision 301.1

13 Re-zoning S-17 Ord. No From F-1 to C Sherer Street, Lot 3, Block 3 Longstreth Add. Ord. No From C-4 to C-2 Amending Ord. No. 729 Ord. No From R-1 to C-3 Part of NW ¼ of Sec. 1, Twp 2 N, Range 12 West Ord. No From R-2 to Brockington Road Ord. No From R-1 to C Highway 107 Ord. No From R-1 to C-3 SW ¼ of Sec. 31, Twp 3 N, Range 11 West Ord. No From R-1 to C Brookswood Ord. No From R-1 to C Brookswood Ord. No From R-1 to C-3 Part of S ½ of Sec. 30, Twp 3 N, Range 11 West Ord. No From R-1 to R-3 Part of Sec. 29, Twp 3 N, Range 11 West Ord. No From I-1 to R-1 Part of NE ¼ of Sec. 16 & 17, Twp 2 N, Range 11 Ord. No From C-3 to C-4 N ½ of Sec. 8, Twp 2 N, Range 11 West Ord. No From C-SC to C-3 Lot 3&4, Sylvan Hills Addition Ord. No From R-1 to C-1 Sec. 31, Twp 3 N, Range 11 West Ord. No From R-1 to R-1 Part of N ½ of Sec. 31, Twp 3 N, Range 11 West Ord. No From C-3 to C-4 Part of SE ¼ of Sec. 4, Twp 2 N, Range 11 West Ord. No From R-1 to C East Kiehl Avenue Ord. No From R-1 to R Highway 107, Sylvan Hills Addition Ord. No From R-1 to C-3 Part of Lot 5, Block 1 Sylvan Acres Addition Ord. No From R-1 to R-3 NW corner of SE ¼ of Sec. 9 Ord. No From R-1 to C-3 Part of NE ¼ of Sec. 29, Twp 3 N, Range 11 West Ord. No From R-3 to C-2 Part of NE ¼ of Sec. 30, Twp 3 N, Range 11 West Ord. No From C-2 to R-1 Hwy 107 south of Johnson, Lots 2, 3, 3R & 4 Ord. No From R-1 to R-3 Part of Sec. 21, Twp 3 N, Range 11 West Ord. No From R-1 to R-4 NW ¼ of Sec. 16, Twp 2 N, Range 11 West Ord. No From R-1 to I-1 NW ¼ of Sec. 16, twp 2 N, Range 11 West Ord. No From R-1 to R-1Con. SW ¼ of Sec. 15, Twp 3 N, Range 11 West Ord. No From C-3 to I-1 SE ¼ of Sec. 17, Twp 2 N, Range 11 West Ord. No From R-1 to C Highway 107 Ord. No From R-1 to C-3 SE corner of E. Maryland and Hwy 107 Ord. No From C-1 to C East Kiehl Avenue Ord. No From C-1 to C & 3107 ½ East Kiehl Avenue Ord. No From R-1 to C Highway 107 Ord. No From R-1 to C Highway 107 Ord. No From C-1 to C East Kiehl Ord. No From C-2 to C-3 NE corner of Highway 107 & East Lee Avenue Ord. No From R-1 to C Bently Road Ord. No From R-1 to C-3 Lots 1, 2 & 8, Block 13, Longstreth Sub. 302

14 S-16 CHAPTER VARIANCE REQUESTS Signs Notification letters Signs Signs are required to be posted on property for at least seven (7) days prior to the meeting. Required signs are available in the Planning Department for a $30.00 deposit. (Ord. No. 1432, Sec. 1.) Notification letters Notification letters must be sent to all abutting property owners and property owners across the street of the proposed variance. These letters must inform the person of the date, time, location and proposed change in variance. Letters must be sent certified or hand-delivered with a signed receipt and proof of the notification must be furnished at least 5 working days before the hearing. (Ord. No. 1432, Sec. 2.) 302.1

15 CHAPTER S-9 PURCHASED PROPERTY Three acres adjoining OakBrook Elementary School Purchase price Approval Three acres adjoining OakBrook Elementary School On December 20 th, 1999, the City Council for the city of Sherwood, Arkansas passed a resolution authorizing the Mayor to enter into negotiations for the purchase by the city of Sherwood of the three acres immediately adjoining the OakBrook Elementary School. A legal description for the specific property is attached hereto as Exhibit A to this ordinance and is incorporated herein by reference word for word. (Ord. No. 1477, Sec. 1.) Purchase price The Mayor has negotiated a purchase price for said property in the amount of one hundred sixty five thousand dollars ($165,000.00). (Ord. No. 147, Sec. 2.) Approval The City Council hereby finds that said price to be reasonable based upon the fair market value of said property and hereby approves the purchase of said property for above given price plus the customary incidental closing costs incorporated with said sale. (Ord. No. 1477, Sec. 3.) CHAPTER INFRASTRUCTURE IN UNDEVELOPED AREAS Infrastructure provided Description Purpose Records Cost 302.2

16 S Infrastructure provided The city may provide needed infrastructure in any undeveloped territory located within the confines of the city of Sherwood, Arkansas. (Ord. No. 1657, Sec. 1.) Description Infrastructure will include but not be limited to the streets, bridges, curves, and gutters, drainage, sidewalks, sewers and other necessary infrastructure. (Ord. No. 1657, Sec. 2.) Purpose The purpose of the construction of said infrastructure is to coordinate the necessary growth of the city and to eliminate any negative impact on developed areas that are adjacent to the undeveloped territory. (Ord. No. 1657, Sec. 3.) Records The city will maintain a record of the costs expended for the construction of the infrastructure in the undeveloped territory and the developer that eventually develops that area of the city will be required to reimburse the city for the cost of the infrastructure. (Ord. No. 1657, Sec. 4.) Cost The specific cost for the infrastructure shall be maintained by the city Permits and Planning Department and will be provided to the developer prior to the issuance of a building permit or other releases for development and said infrastructure fees will have to be paid prior to approval of any new development to the territory. (Ord. No. 1657, Sec. 5.) Zoning approved Amendment CHAPTER ANNEXATION OF GRAVEL RIDGE Zoning approved The zoning of the annexed territory, attached hereto as Exhibit A is adopted and approved. The city s previously adopted Zoning Plan is amended to include the changes as set forth herein. (Ord. No. 1805, Secs. 1-2.) Amendment The annexation of the Gravel Ridge area exempted a certain area that had previously been annexed by the city of Jacksonville. The description of that area did not include all of the exempted territory. The attached description (Exhibit A) corrects the previous ordinance and reflects the proper description of the exempted areas. (Ord. No. 1817, Secs. 1-3) 302.3