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(A) Purpose and intent. The regulations for outdoor lighting are intended to:
(1) Minimize light pollution for the enjoyment of Tontitown citizens and visitors;
(2) Limit the degradation of the nighttime visual environment by production of unsightly and dangerous glare;
(3) Minimize urban sky-glow to help protect the scenic view of the night sky;
(4) Reduce light trespass onto neighboring properties; and
(5) Allow for flexibility in the style of lighting fixtures.
(B) Applicability. The outdoor lighting regulations apply to:
(1) All new construction, except single family and duplex residential uses.
(2) All new outdoor lighting fixture installations, except single family and duplex residential uses.
(3) All replacement fixtures, in cases of total replacement.
(C) Exemptions. The following conditions are exempt from these requirements:
(1) The temporary use of low wattage or low voltage lighting for public festivals, celebrations, and the observance of holidays are exempt from regulation except where they create a hazard or nuisance from glare. Temporary use permits are required for commercial activities such as carnivals in accordance with supplemental regulations of Chapter 153 (Tontitown Zoning Code). Where possible, lighting should be cutoff.
(2) Temporary emergency lighting, used by police, firefighting or medical personnel for as long as the emergency exists.
(3) Routine maintenance, including changing the lamp ballast, starter, photo control, fixture housing, lens and other required components.
(4) Airport lighting provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this chapter.
(5) Neon lights only as permitted by the sign regulations.
(6) Illuminated signs only as permitted by the sign regulations.
(7) The outdoor illumination of digital signs, specifically excluding billboards, in compliance with Chapter 153 (Tontitown Zoning Code).
(D) Prohibitions. The operation of searchlights for advertising purposes is prohibited.
(E) Standards.
(1) Cutoff required. All nonexempt outdoor light fixtures with an initial output greater than or equal to 2,000 lumens shall be cutoff or full cutoff, as defined by IESNA.
(2) Installation. All outdoor light fixtures that have cutoff restrictions shall be installed and maintained in such a manner as to be horizontal to the ground so that the cutoff characteristics of the fixture are maintained.
(3) Shielding. Beyond the cutoff requirements in division (E)(1) above, all light fixtures shall be located, aimed or shielded so as to minimize light trespass across property boundaries. Where applicable, all commercial installations shall utilize house side shielding to minimize light trespass on residential properties.
(F) Special use standards.
(1) Landscape/facade lights. Landscape and facade lighting fixtures shall be selected, located, aimed and shielded so that direct illumination is focused solely on the building façade, plantings, and other intended site feature, and away from adjoining properties and the public street right-of-way. Down-lighting is encouraged.
(2) Recreational facilities.
(a) Cutoff exemption. Recreational facilities are exempt from the cutoff requirement in division (E)(1) above, however, the use of cutoff fixtures is encouraged. The shielding requirement in division (E)(3) above is applicable to recreational facilities.
(b) Glare control. All outdoor recreational facilities lighting fixtures shall be equipped with a glare control package (louvers, shields, or similar devices). The fixture shall be aimed so that the beams are directed and fall within the primary playing or performance area.
(c) Hours. All activity and lights shall be turned off one hour after the end of the last event.
(3) Canopy structures. Canopy lights, such as service station lighting, shall be fully recessed or fully shielded so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties.
(4) Flags. Governmental flags should be taken down at sunset to avoid the need for lighting. If flags remain up overnight, they should be lighted. Up-lighting of governmental flags should have a maximum lumen output of 1,300 lumens with a cone of light directed on the flag itself. Down-lighting of flag poles is encouraged.
(G) Nonconforming outdoor light fixtures.
(1) All nonconforming outdoor light fixtures lawfully installed prior to and operable on the effective date of this chapter are exempt from all outdoor lighting requirements.
(2) In the event that an outdoor lighting fixture is abandoned or damaged to the point of requiring repairs for safe operation, the repaired or replacement fixture shall comply with the provisions these regulations.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.1000.11, passed 9-3-13)
(A) Purpose and intent. The design standards in this section are intended to implement the city’s vision for commercial, institutional, triplex, quadplex, multi-family residential, and industrial developments. The intent of these standards is to improve the overall quality of commercial, institutional, triplex, quadplex, multi-family residential, and industrial developments with surrounding land uses and enhance pedestrian safety and walkability.
(B) Applicability. The provisions of this section shall apply to all developments requiring large scale development approval. Properties shall only be required to meet the standards for the side(s) facing a street frontage, when added to an existing development which has existing architectural elements, when impacting a marginally compatible use, or when impacting a residential use/residential zoning category.
(C) Exemptions. Reserved.
(D) Review process. These standards shall be applied in the normal review process for large scale developments and shall be approved by the Planning Commission.
(E) Building design: commercial, institutional, triplex, quadplex and multi-family uses.
(1) Material. The primary material shall constitute at least 75% of the wall area, excluding glass. The primary exterior material shall consist of a combination of brick, textured concrete block, stucco, wood, synthetic stone or natural stone. The remaining exterior material shall be considered building trim. TRIM is defined as an ornamental design feature, that when removed does not significantly alter the appearance of the building. This commonly consists of moldings, cornices, parapet, frieze, sills, lintels, stringcourse, quoining, and ledgement. No masonite, asphaltic exterior wall or roof material, aluminum or steel siding (other than approved architectural metal), non-textured concrete block (ground-faced is allowed), vinyl or other similar materials shall constitute a portion of any building except trim.
(2) Color. The building’s exterior color scheme shall utilize primarily muted, neutral, or earth tone type colors. The primary use of bright, intense, or extreme colors not consistent with the adjoining developments shall not be permitted. This regulation is not intended to prohibit the use of these colors for specifically approved architectural detailing.
(3) Compatibility. All commercial, institutional, triplex, quadplex, and multi-family structures shall be designed in a manner compatible with other structures in the surrounding vicinity. The exterior building design, including roof style, color, materials, architectural form and detailing, shall be consistent among all buildings in a common commercial development and on all elevations of each building to achieve design harmony and continuity within itself.
(4) Scale and bulk. The height and scale of new buildings shall be consistent or compatible with the height and scale of adjacent buildings. Special care, however shall be taken to achieve the compatibility of larger buildings next to small scale buildings; techniques shall include limited size, building articulation, and shadow patterns. The scale of the building shall also consider building setback, lot size and relationship to street width.
(5) Wall articulation. Buildings shall avoid long uninterrupted façade planes and/or blank walls. All commercial, institutional, triplex, quadplex, and multi-family buildings with facades greater than 50 feet in length shall incorporate wall plane projections or recess that are at least two feet deep. Projections/recess must be at least 25% of the length of the façade. No uninterrupted length of a façade may exceed 50 feet in length.
(6) Facades. All commercial, institutional, triplex, quadplex, and multi-family structures shall be architecturally finished on all sides with same materials, detailing, and features when visible from the public realm or adjacent residential areas. The degree of visibility from the public realm shall be evaluated using the following criteria:
(a) The degree of visibility from all adjacent public ways;
(b) Possible visibility from future buildings and public ways;
(c) Internal overall appearance in relation to the site; and
(d) If adjacent to, and visible from, residential uses, residential zoning categories, or other marginally compatible uses.
(7) Roofs. Roof lines and/or parapets shall be varied with a change in height every 100 linear feet in the building length. Parapets, gable roofs, high roofs, or dormers shall be used to conceal flat roofs and rooftop equipment from public view. Alternative lengths and designs may be acceptable and may be approved by Planning Commission.
(8) Entrances. Each primary building on a site, regardless of size, shall have clearly defined, highly visible customer entrances featuring no less than two of the following:
(a) Canopies or porticos;
(b) Overhangs;
(c) Recesses/projections;
(d) Arcades;
(e) Raised corniced parapets over the door;
(f) Peaked roof forms;
(g) Arches;
(h) Architectural detail such as tile work and moldings integrated into the building structure and design;
(i) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting; or
(j) Other architectural features approved by Planning Commission.
(9) Architectural details. All buildings except in agriculture and industrial zones shall be designed to incorporate no less than three of the architectural elements from the list below, in addition to regulations regarding the design of entrances above. Buildings over 50,000 square feet shall include a minimum of five of the referenced architectural elements. Buildings over 100,000 square feet shall include a minimum of six of the referenced architectural elements.
(a) Canopies, awnings, or porticos;
(b) Recesses/projections;
(c) Arcades;
(d) Peaked roof forms;
(e) Arches;
(f) Display windows;
(g) Accent materials (minimum of 15% of exterior façade);
(h) Architectural details (such as tile work and moldings) integrated into the building façade;
(i) Articulated cornice line;
(j) Articulated ground floor levels or base;
(k) Varied roof heights; or
(l) Other architectural features approved by Planning Commission.
(F) Utility and mechanical equipment screening: commercial, institutional, triplex, quadplex and multi-family uses.
(1) Screening of service yards, utility meters and hardware, mechanical equipment, refuse areas, and/or other potentially unattractive places from public view, shall be accomplished by the use of walls, fencing, planting, or a combination of the measures that follow. Screening shall be equally effective in the winter and the summer seasons. For rooftop equipment, parapet walls or other screening methods approved by Planning Commission are required along street frontages and bordering residential areas.
(a) Adjusting the architectural or landscape profile to screen those elements from view.
(b) Placing those elements on service courts or other locations usable by the general public.
(c) Integrating those elements into the architecture or landscaping of the site.
(2) The degree of visibility and screening of service yards, utility meters and hardware, mechanical equipment, refuse areas, and/or other potentially unattractive places shall be evaluated using the following criteria:
(a) The degree of visibility from all adjacent public ways;
(b) The architectural compatibility of the design and color of the yards, meters and equipment of the building;
(c) Possible visibility from future buildings and public ways;
(d) Internal overall appearance in relation to the site; and
(e) If adjacent to and visible from residential uses, residential zoning categories, or other marginally compatible uses.
(G) Site planning: commercial, institutional, triplex, quadplex and multi-family uses.
(1) Building placement. Place as much of the building width at the front of the lot as possible to maximize front façade exposure to the public. The front façade shall be kept parallel with the street. On corner lots, place as much building mass near the intersection as possible to help anchor the lot and take advantage of high visibility.
(2) Parking placement.
(a) Commercial and institutional uses. No more than 60% of the off-street parking area for the entire property shall be located between the front façade within the front yard of the principal building and the primary abutting street unless the principal building and/or parking lots are screened from view by outlot development and additional tree plantings or berms. Whenever possible, attempt to link with adjacent parking lots or provide shared parking areas which can serve neighboring buildings simultaneously. Shared drives and cross access between properties shall be required to adjacent developed and undeveloped properties. Access easements shall be shown on the site plan to provide cross access to adjacent properties. The location of this cross access shall be approved by the Planning Official. Parking lots shall be designed in regular, rectangular shapes.
(b) Triplex, quadplex, and multi-family uses. Parking is to be primarily interior to the development with the building façade along the street, unless the parking lots are screened from view by additional landscape buffering. If a primary street is required for connectivity, parking may be placed along this street, but must be clearly defined by landscaped curb bump outs between buildings, or every 20 parking spaces. Shared drives and cross access between properties shall be required to adjacent developed and undeveloped properties. Access easements shall be shown on the site plan to provide cross access to adjacent properties. The location of this cross access shall be approved by the Planning Official.
(3) Pedestrian circulation. Clearly defined pedestrian walkways or paths shall be provided from parking areas to primary building entrances. Design walkways and parking lots so that pedestrians do not have to cross parking aisles and landscape islands to reach building entries. All internal walkways shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. Painted crosswalks shall not be considered sufficient definition of the pedestrian path from the driving surface.
(H) Amenities: triplex, quadplex, and multi family uses.
(1) All triplex, quadplex, and multi-family developments with over 40 units shall provide at least one of the following amenities:
(a) Pool - sized appropriately. To be reviewed by the Planning Official and approved by the Planning Board;
(b) Club house;
(c) Private park with at least one piece of children’s playground equipment, park benches, and landscaping sized appropriately. To be reviewed by the Planning Official and approved by the Planning Board;
(d) Splash pad park;
(e) Dog park with appropriate facilities;
(f) Sports facility. Can included bocce court, volleyball court, basketball court, tennis court, soccer field, disk golf course, or other facility approved by the Planning Board;
(g) Hiking or biking trails; and/or
(h) Other amenity approved by the Planning Board.
(2) All triplex, quadplex, and multi-family developments with over 100 units shall provide at least two amenities. All triplex, quadplex, and multi-family developments with over 200 units shall provide at least three amenities. For every 150 units over 200, an additional amenity shall be required.
(3) These amenities must be centrally placed and accessible by internal walkways.
(4) All amenities shall be maintained by the apartment complex manager.
(I) Building design: industrial uses. The division applies to buildings within industrial zones only.
(1) Material. All industrial buildings shall at a minimum have a decorative wainscot of no less than four feet tall, and entry façade at the main entrance that extends to the roofline. The wainscot and entry façade material shall consist of a combination of brick, textured concrete block, stucco, wood, synthetic stone, or natural stone. The remaining exterior material shall not include masonite, asphaltic exterior wall or roof material, aluminum or steel siding (other than approved architectural metal), non-textured concrete block (ground-faced is allowed), vinyl, or other similar materials. Building trim shall also be included. TRIM is defined as an ornamental design feature, that when removed does not significantly alter the appearance of the building. This commonly consists of moldings, cornices, parapet, frieze, sills, lintels, stringcourse, quoining, and ledgement.
(2) Color. The building’s exterior color scheme shall utilize primarily muted, neutral, or earth tone type colors. The primary use of bright, intense, or extreme colors not consistent with the adjoining developments shall not be permitted. This regulation is not intended to prohibit the use of these colors for specifically approved architectural detailing.
(3) Compatibility. All industrial structures shall be designed in a manner compatible with other structures in the surrounding vicinity. The exterior building design, including roof style, color, materials, architectural form and detailing, shall be consistent among all buildings in a common development and on all elevations of each building to achieve design harmony and continuity with itself.
(4) Scale and bulk. The height and scale of new buildings shall be consistent or compatible with the height and scale of adjacent buildings. Special care shall be taken to achieve the compatibility of larger buildings next to small scale buildings; techniques shall include limited size, building articulation, and shadow patterns. The scale of the building shall also consider building setback, lot size, and relationship to street width.
(5) Wall articulation. Buildings shall avoid long uninterrupted façade planes and/or blank walls. All industrial buildings with façades greater than 300 feet in length shall incorporate wall plane projections or recesses that are at least two feet deep. Projections/recesses must be at least 25% of the length of the façade. No uninterrupted length of a façade may exceed 300 feet in length.
(6) Façades. All industrial structures shall be architecturally finished on all sides, as detailed in (I)(1) with the same materials, detailing, and features when visible from the public realm or adjacent to residential areas. The degree of visibility from the public realm shall be evaluated using the following criteria:
(a) The degree of visibility from all adjacent public ways;
(b) Possible visibility from future buildings and public ways;
(c) Internal overall appearance in relation to the site; and
(d) If adjacent to, and visible from, residential uses, residential zoning categories, or other marginally compatible uses.
(7) Roofs. Roof lines and/or parapets shall be varied with a change in height every 300 linear feet in the building length. Parapets, gable roofs, high roofs, or dormers shall be used to conceal flat roofs and rooftop equipment from public view. Alternative lengths and designs may be acceptable and may be approved by the Planning Commission.
(8) Entrances. Each primary building on a site, regardless of size, shall have clearly defined, highly visible customer entrances featuring no less than two of the following:
(a) Canopies or porticos;
(b) Overhangs;
(c) Recesses/projections;
(d) Arcades;
(e) Raised corniced parapets over the door;
(f) Peaked roof forms;
(g) Arches;
(h) Architectural detail such as tile work and moldings integrated into the building structure and design;
(i) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting; or
(j) Other architectural features approved by the Planning Commission.
(J) Utility and mechanical equipment screening: industrial uses. This division applies to buildings within industrial zones only.
(1) Screening of service yards, utility meters and hardware, mechanical equipment, refuse areas, and/or other potentially unattractive places from public view, shall be accomplished by the use of walls, fencing, planting, or a combination of the measures that follow. Screening shall be equally effective in the winter and the summer seasons. For rooftop equipment, parapet walls or other screening methods approved by the Planning Commission are required along street frontages and bordering residential areas.
(a) Adjusting the architectural or landscape profile to screen those elements from view.
(b) Placing those elements on service courts or other locations usable by the general public.
(c) Integrating those elements into the architecture or landscaping of the site.
(2) The degree of visibility and screening of service yards, utility meters and hardware, mechanical equipment, refuse areas, and/or other potentially unattractive places shall be evaluated using the following criteria:
(a) The degree of visibility from all adjacent public ways;
(b) The architectural compatibility of the design and color of the yards, meters, and equipment of the building;
(c) Possible visibility from future buildings and public ways;
(d) Internal overall appearance in relation to the site; and
(e) If adjacent to and visible from residential uses, residential zoning categories, or other marginally compatible uses.
(K) Site planning: industrial uses. This division applies to buildings within industrial zones only.
(1) Building placement. Buildings shall be placed so that they have the least amount of impact on surrounding properties. Buffering, landscaping, and setbacks should be used to enhance compatibility when and industrial use is abutting a commercial use, marginally compatible use, or when abutting a residential use/residential zoning category.
(2) Parking placement. No more than 60% of the off-street parking area for the entire property shall be located between the front façade within the front yard of the principal building and the primary abutting street, unless the principal building and/or parking lots are screened from view by outlot development and additional tree plantings or berms. Whenever possible, attempt to link with adjacent parking lots or provide shared parking areas which can serve neighboring buildings simultaneously. Parking lots shall be designed in regular, rectangular shapes. Shared drives and cross access between properties shall be required to adjacent developed and undeveloped properties. Access easements shall be shown on the site plan to provide cross access to adjacent properties. The location of this cross access shall be approved by the Planning Official.
(3) Pedestrian circulation. Clearly defined pedestrian walkways or paths shall be provided from parking areas to primary building entrances. Design walkways and parking lots so that pedestrians do not have to cross parking aisles and landscape islands to reach building entries. All internal walkways shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. Painted crosswalks shall not be considered sufficient definition of the pedestrian path from the driving surface.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.1000.13, passed 9-3-13; Am. Ord. 2014-12-488, passed 12-2-14; Am. Ord. 2019-05-842, passed 5-7-19; Am. Ord. 2021-05-947, passed 5--21)
The following guidelines shall govern the aesthetics of all towers and antennas, provided however, that the City Engineer may waive these requirements where it is determined that the goals of this chapter would be better served thereby.
(A) Lighting. Lighting of tower and antenna shall meet the following requirements:
(1) Towers shall be artificially illuminated if required by the FAA or other applicable authority or the governing authority. If artificial lighting is required, the lighting design and intensity chosen should be that which complies with the applicable guidelines, yet causes the least disturbance to the surrounding and nearby properties.
(2) Security lighting or motion-activated lighting may be used around the base of a tower and within the telecommunication facility, provided that the lighting is shielded in such a way that no light is directed towards adjacent properties or rights-or-way.
(B) Stealth technologies. This chapter encourages creative design measures to camouflage facilities by integrating them with existing buildings and among other existing uses. Based on this, the color and design of towers and antennas shall meet the following requirements:
(1) Towers shall be maintained with a galvanized steel finish, wood laminate or, subject to any applicable FAA standards, be painted a neutral color so that visual obtrusiveness is minimized.
(2) The design of buildings and related structures within a telecommunication facility shall, to the extent possible, utilize building materials, colors, screening, and landscaping that will camouflage and blend the tower and related facilities into the natural and/or surrounding environment.
(3) If an antenna is to be attached to a supporting structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a color closely compatible with the color of the supporting structure.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.1000.14, passed 9-3-13)
IMPROVEMENTS
(A) Generally. The subdivider shall be required to install improvements, where the need for such improvements is created in whole or in part by the proposed subdivision, in accordance with § 152.161. For purposes of this section, an
OFF-SITE IMPROVEMENT
shall mean any improvement listed in these regulations which are to be installed on property located outside the proposed subdivision.
(B) Installation. Any required improvements shall be installed according to city standards; provided improvements to roads located outside the city’s corporate limits but within the city’s planning area shall be installed to county standards. The subdivider shall be required to bear that portion of the cost of improvements which bears a rational nexus to the needs created by the subdivision.
(C) Proportionate share. At the time the Planning Commission grants preliminary plat approval, the Planning Commission shall determine whether the proposed subdivision creates a need for improvements and the portion of the cost of any needed improvements which the subdivider shall be required to bear; provided, that portion of the cost of improvements to roads located outside the city’s corporate limits but within the city’s planning area shall be determined by the county. In determining that portion of the cost of improvements which the subdivider shall be required to bear the Planning Commission shall consider the acreage within the proposed subdivision as a percentage of all the acreage which, when fully developed will benefit from the offsite improvements; provided, the Planning Commission may use a different method of measurement if it determines that use of the acreage standard will not result in the subdivider bearing that portion of the cost which bears a rational nexus to the needs created by the subdivision.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.1100.01, passed 9-3-13; Am. Ord. 2014-12-488, passed 12-2-14)
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