Loading...
Emergency housing units may be approved as conditional uses in A, R-E, R-1, R-2 and R-3 districts, for the purpose of providing temporary accommodations for persons in need of daily assistance due to health reasons. The following regulations shall apply to emergency housing units:
(A) Hardship. Before approving a conditional use for an emergency housing unit, the Planning Commission shall determine that the applicant has a special need to provide temporary, nearby living quarters for a relative who needs daily assistance due to health reasons. The applicant shall provide proof of such hardship, evidenced by a letter from a physician or other appropriate professional. The commission shall also determine that allowing an emergency housing unit would alleviate a social, economic or physical hardship for the resident of the principal dwelling or the resident of the emergency unit. Consideration of the effect on adjoining property shall also be factored into the commission's decision. A permit granted for such purposes shall expire no later than one year from the date of approval. The commission may approve a one-time extension of up to one year of this period if the applicant applies for such extension within the original one year time period.
(B) Unit type. Only manufactured housing units may be approved for emergency placement.
(C) Removal. Upon expiration of a conditional use permit for an emergency housing unit, the unit shall be promptly vacated, and within 90 days of permit expiration, be removed from the premises.
(Ord. 2017-05-635, passed 5-2-17)
Manufactured housing parks may be permitted as conditional uses in R-MH districts. The following minimum standards apply to new parks, and expansions of existing parks:
(A) Setbacks. Each manufactured housing unit space shall be set back at least 30 feet from all street rights-of-way, and at least 20 feet from all other lot lines.
(B) Minimum lot size and space size. Manufactured housing parks shall contain at least 4,350 square feet of gross site area for each manufactured housing unit space within the park. Each individual manufactured housing unit space shall be at least 3,000 square feet in area, but shall not occupy more than 50% of the lot area.
(C) Separation of units. Each manufactured housing unit and accessory structure shall be separated by at least 20 feet of horizontal distance from all other manufactured housing units and accessory structures.
(D) Parking. At least two paved parking spaces, 180 square feet in area in each space, shall be provided as a part of each manufactured housing unit space. To provide for guests, one additional paved parking space, at least 180 square feet in area, shall be provided for each ten manufactured housing unit spaces. These guest parking spaces shall be centrally located within the park.
(E) Driveways.
(1) Length and design. Internal driveways or courts designed to have one end permanently closed, shall be no more than 400 feet long unless approved by the Planning Commission. A turn-around having an outside roadway diameter of at least 80 feet shall be provided at the closed end of any driveway.
(2) Paving. All internal driveways shall be paved with asphalt. The minimum requirements are six inches of compacted SB2 gravel with three inches of asphalt surface on firm subgrade. Property owners shall be responsible for maintaining paving on all internal driveways.
(3) Width. Drives shall have a minimum paved width of 26 feet. One-way drives are specifically prohibited.
(F) Signs. One detached, indirectly illuminated sign, not exceeding 20 square feet in area, may be erected at the main entrance to the manufactured housing park.
(G) Refuse collection facilities. Refuse collection facilities and/or provisions shall be indicated on the site plan, and shall be provided in accordance with city standards. There shall be opaque screening on three sides of dumpsters.
(H) Fire protection. Fire lines and fire hydrants shall be shown on the site plan, and shall be provided in accordance with recommendations of the fire marshal. No manufactured housing unit space shall be more than 250 feet from a fire hydrant.
(I) Water and wastewater service. Each manufactured housing unit shall be connected to a public sanitary sewer and a public water supply system.
(J) Underground utilities. All light, gas, water, telephone and cable television distribution and service lines to each individual manufactured housing unit shall be placed underground and conform to all state and local codes and regulations.
(K) Inspections. It shall be the duty of the building inspector to make an annual inspection of each approved manufactured housing park, and present to the park owner and unit owner, a written list of existing violations, should there be any.
(L) Resident Managers. In manufactured housing parks containing 30 or more units, a manager must reside within the park area.
(Ord. 2017-05-635, passed 5-2-17)
Manufactured housing units—those that do not meet the definition of manufactured housing unit, residential design—shall be considered permitted uses only in RM-H districts. Compliance with the standards outlined in § 153.167(D) - (H) are required. No permit or other approval shall be granted for the placement of a mobile home in the corporate limits. Exchange or replacement of existing manufactured housing units shall only be permitted in accordance with § 153.045.
(Ord. 2017-05-635, passed 5-2-17)
Compliance with all of the standards of this section is required in order for a manufactured housing unit to be classified as a residential design, manufactured housing unit.
(A) Size.
(1) The minimum width of a residential design, manufactured housing unit shall be 24 feet; with width measured perpendicular to the longest axis at the narrowest part.
(2) The length of a residential design, manufactured housing unit shall not exceed four times its width, with length measured along the longest axis.
(3) A residential design, manufactured housing unit shall have a minimum area of 1,200 square feet (enclosed and heated living area).
(B) Roof.
(1) Pitch. The roof must be predominantly double-pitched and have a minimum vertical rise of four inches for every 12 inches of horizontal run.
(2) Materials. The roof must be covered with material that is customarily used on site-built housing units. Customary materials include asphalt composition or fiberglass shingles.
(3) Eaves. The roof shall have a minimum eave projection and roof overhang of ten inches, which may include a gutter.
(C) Siding.
(1) Materials. Exterior siding must be of a material customarily used on site-built housing units. Customary materials include wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco, or similar materials. Customary materials do not include smooth, ribbed or corrugated metal or plastic panels or material that has a high gloss finish.
(2) Design and placement. Siding material shall extend below the top of the foundation or curtain wall, or the joint between the siding and enclosure wall shall be flashed in accordance with the city's adopted building code.
(D) Installation of unit.
(1) Guidelines. The unit shall be installed in accordance with the recommended installation procedures of the manufacturer, and the standards established by the International Building Code, as adopted by the State of Arkansas, as well as those established by the Arkansas Manufactured Home Commission.
(2) Foundation. A continuous, permanent concrete or masonry foundation or masonry curtain wall, un-pierced except for required ventilation and access, which may include walk-out basements and garages, shall be installed under the perimeter of the unit; also in accordance with the above referenced requirements.
(E) Entrance landing area. At the main entrance door to the unit, there shall be a landing that is a minimum of five square feet, constructed in accordance with building code requirements.
(F) Transport equipment. All running gear, tongues, axles, and wheels must be removed at the time of installation of the unit on the lot.
(G) Finished floor elevation. The finished floor of the unit shall meet the manufacturer's specifications unless the unit is located in a floodplain; in which case floodplain regulations shall rule.
(H) Additions. Attached additions and detached garages shall comply with the building code, and floodplain regulations if applicable. All standards of this section shall apply to such additions and garages.
(Ord. 2017-05-635, passed 5-2-17)
(A) Purpose.
(1) The purpose of this section is to ensure public health, safety, order and general welfare of the residents and visitors to the city through a uniform set of rules and regulations pertaining to temporary and/or mobile outdoor food vendors.
(2) The city will issue outdoor food vendor permits only to properly zoned business locations with an established business at that location along with a validly issued and current city business license.
(3) The city will have no more than six outdoor food vendor permits issued at any one time, with a limit of one permit issued per business location and/or business license.
(4) One permit allows for two vendors at one time. The permit holder may rotate vendors as they wish, so long as only two vendors are on the site at a time.
(5) As of the date of the passing of this section, no temporary permits for non-edible merchandise will be issued.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. Shall mean the City of Tontitown.
EDIBLE GOODS. Shall include, but are not limited to consumable:
(a) Prepackaged food including, but not limited to popcorn, snacks, candy, beverages and ice cream;
(b) Prepared food including, but not limited to hot dogs, hamburgers and other entrees, side items, desserts, or appetizers;
(c) On-site prepared food; and
(d) Locally grown produce.
(C) Application for required permit. Prior to placement, each business location with an established business at that location, must obtain an outdoor food vendor permit from the city. The business owner or applicant is required to supply the city with a completed outdoor food vendor application for the proposed outdoor food vendor allowed at their business location. The business owner and outdoor food vendor applicant shall be required to comply with all applicable state and local regulations. The application shall include:
(1) The name, address, contact information of both the property owners and the outdoor food vendor requesting to locate on the property;
(2) A valid copy of all required state and county health authority permits, which permits shall be conspicuously displayed by the outdoor food vendor at all times;
(3) A description of the location of the proposed outdoor food vendor; and
(4) Written authorization from the property owner or legal representative or agent.
(D) Permit fee. Outdoor food vendor of edible items permit fees:
(1) There shall be a non-transferable annual fee of $300 which shall run, from July 1 through June 30 of the following year.
(2) The city shall issue outdoor food vendor permits only to business locations that are properly zoned with an established business at that location along with a validly issued and current city business license.
(3) Maximum of two outdoor food vendors operating on site, at any one time, per day, per permitted business location.
(E) Exemptions.
(1) This section shall not apply to:
(a) Goods, wares, or merchandise temporarily deposited on the sidewalk in the ordinary course of delivery, shipment or transfer;
(b) The placing and maintenance of unattended stands or sales devices for the sale, display or offering for sale of newspapers, magazines, periodicals and paperbound books;
(c) Outdoor or "sidewalk sales" as part of a full-time commercial retail tenant's seasonal promotional activity lasting no more than three consecutive days, with a maximum of three times per year, per location;
(d) Local resident's temporary produce stands selling personally grown fruit, vegetables, farm products or provisions provided the owner of the location has granted permission;
(e) Merchants participating in outdoor markets or special events organized, administered or approved by the city, including but not limited to the Tontitown Grape Festival and other approved and organized public activities such as planned activities in the city park. Such merchants/vendors must have received prior approval by the city or the organizing or administering agency, and must be located by the area designated by the organizing or administering agency; or
(f) Vendors associated with public auction events.
(2) Claims of exemption. Any person claiming to be legally exempt from the regulations set forth herein, or from the payment of a permit fee, shall provide other legal authority under which exemption is claimed and shall present proof of qualification of such exemption.
(F) Permit revocation.
(1) No refunds will be provided for any revocation or suspension of outdoor food vendor permit.
(2) Any person who violates any portion of this section may be subject to, in addition to a permit revocation, a maximum fine and penalty as set forth in the general penalty clause of the Tontitown Municipal Code as may now or hereafter be enacted by the City Council.
(G) Appeal of permit denial, revocation, suspension.
(1) Following a permit revocation, an outdoor vendor permit holder shall not be eligible to reapply for an outdoor vendor permit for at least one year from the revocation.
(2) Any applicant (including the property owner associated with an applicant) aggrieved from any determination made by an official charged with the administration of this section, including but not limited to the granting of an annual permit, a permit denial, or a revocation of a permit shall be in writing and filed with the City Clerk or Recorder within ten days of the date of the determination being appealed. The city administration shall promptly fix a time and place for a hearing of the appeal, and the city shall mail notice of the hearing to the applicant or property owner at the address provided to the city in the application.
(3) All decisions regarding the appeal of a determination shall be reviewed and decided upon by the City Council within 90 days of receiving written appeal and the determination of the City Council shall be final.
(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2019-09-860, passed 9-3-19)
Loading...