For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word “shall” is mandatory, the word “may” is permissive. The word “used” or “occupied” shall include the words intended, designed or arranged to be used or occupied. The word “lot” includes the words “plot” and “parcel.” The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
ACCESSORY DWELLING. A site-built, self-contained living unit in a detached structure subordinate in both land coverage and gross floor area to the principle dwelling on the lot. Mobile homes or manufactured or modular housing are not included in this definition and are not permitted as ACCESSORY DWELLINGS. Metal structures of any type built and intended for residential storage purposes are not included in this definition and are not permitted as ACCESSORY DWELLINGS. Any ACCESSORY DWELLING constructed in accordance with the regulations contained herein shall comply with the bulk and area provisions in § 154.047(I).
ACCESSORY STRUCTURE. A subordinate structure located on the lot with the principle structure. Where an ACCESSORY STRUCTURE is attached to the principle structure, in a substantial manner, as by a roof, such accessory shall be considered as a part of the principle structure. An example of an ACCESSORY STRUCTURE for a non-residential structure would be the educational buildings of a church, with the sanctuary being the principle structure.
ACCESSORY USE. A use which is customarily incidental to the principal use. In buildings restricted to residential use, the office of a professional man or customary family workshops not conducted for compensation shall be deemed an ACCESSORY USE.
ALLEY. A narrow public way not in excess of 20 feet which affords a secondary means of access to abutting properties and not intended for general traffic circulation.
AREA. This term refers to the amount of land surface in a lot or parcel.
AREA REQUIREMENTS. The yard, lot area, width of lot, and parking requirements as set forth in a specific district.
BILLBOARDS. A freestanding sign having a sign-face of area in excess of 200 square feet but not in excess of 1200 square feet per sign-face area.
BUILDING OFFICIAL. A person appointed by the City Council to administer and enforce these regulations.
CERTIFICATE OF OCCUPANCY. An official certification that a premise conforms to provisions of the Zoning Ordinance (and building code) and may be used or occupied. Such a certificate is granted for new construction or for alterations or additions to existing structures. Unless a certificate is issued, a structure cannot be occupied.
CHILD CARE FACILITY. Any facility conducted under public or private auspices on a profit or non-profit basis which provides care, training, education, custody, or supervision for seven or more children from no less than five families. This definition includes, but is not limited to, a kindergarten, provided it is not operated as a part of the public schools of this state, a day care center or family day care home, foster homes, group homes, and custodial institutions. This definition does not include: religious schools or classes; any private or public educational facility which does not provide custodial care and which operates solely for educational purposes in grades one or above; or facilities operated in connection with a church, shopping center, business, or establishments where children are cared for during short periods of time while parents or persons in charge of such children are attending church services, shopping, or engaging in other activities during such periods.
COMMON OPEN SPACE. A parcel, or parcels of land or an area of water or a combination of land and water within the site designed and intended for the use or enjoyment of the occupants of the planned residential development. COMMON OPEN SPACE may contain such complimentary structures and improvements as are necessary for the benefit and enjoyment of the residents.
CONVENIENCE STORE. A retail store with a floor area generally between 2,500 and 7,500 square feet that sells a limited line of groceries and household items such as prepackaged food items, tobacco, hot beverages, fountain-type beverages, and other household goods generally necessary or desirable for everyday living, and may also sell gasoline. This definition shall not include automotive or gasoline service stations or vehicle repair shops.
DEVELOPER. The legal or beneficial owner or owners of all the land proposed to be included in the Planned Residential Development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DRIVE-THROUGH WINDOW. An opening in the wall of a building or structure designed and intended to be used to provide for sales to and/or service to patrons who remain in their vehicles.
DWELLING, MULTI-FAMILY. A detached building designed for, or converted or occupied by, three or more families, living independently of each other, with cooking and toilet facilities in each dwelling unit.
DWELLING, SINGLE-FAMILY. A building consisting of a single dwelling unit only, separated from other dwellings by open space.
DWELLING, TWO-FAMILY. A detached building designed for, or converted or occupied exclusively by, two families, living independently of each other, with cooking and toilet facilities in each dwelling unit.
DWELLING UNIT. The space, within a building, comprising living, dining, sleeping rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, and used by only one family and its household employees.
EXISTING. The established fact of the use of land or structure at time of effective date of these regulations.
FACTORY BUILT HOME. Any dwelling that is wholly, or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly on a building site. FACTORY BUILT HOMES shall include, but are not limited to, manufactured homes, modular homes and mobile homes.
FAMILY. One or more persons occupying premises and living as a single, non-profit housekeeping unit provided that, unless all members are related by blood or marriage, the number of persons shall not exceed five.
FLOOR AREA. The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating buildings, but not including cellar or basement space not used for retailing, and not including accessory off-street parking or loading space.
LOT. A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open space belonging to same.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
MAJOR IMPACT HOME OCCUPATION BUSINESSES. Major impact home occupations, as set forth in § 154.042 of this chapter and operating under the performance standards of said section, require a conditional use permit and Planning Commission approval in accordance with § 154.047 of this chapter. Major impact home occupations are those home occupations listed as no impact and minor impact home occupations; however, applicants for major impact home occupations may request that up to two nonresident employees be permitted to engage on-premises in the subject business, and/or applicants may request an increase in the number of customers/clients who can be seen at the home occupation location. Applications for major impact home occupations may be accepted for all residential zones; however, after a public hearing, the Planning Commission may approve, deny, modify, or place conditions on the requested major impact home occupation.
MANUFACTURED HOME. A dwelling built in a factory in accordance with the Federal Manufactured Home Construction and Safety Standards.
MANUFACTURED HOME PARK. Any lot or land parcel having more than one manufactured home placed on it. No single lot or parcel may have more than one manufactured home placed on it unless it meets the requirements of a MANUFACTURED HOME PARK. No sale/display of manufactured homes is permitted.
MANUFACTURED HOME SUBDIVISION. A subdivision that is designed and intended for residential use where residence is in manufactured homes exclusively, and may be either conveyed or leased. No sale/display of manufactured homes is permitted in a MANUFACTURED HOME SUBDIVISION.
MINOR IMPACT HOME OCCUPATION BUSINESSES. Minor impact home occupations, as set forth in § 154.042 of this chapter and operating under the performance standards of said section, require approval by the Zoning Administrator and may be permitted in all residential zones. Minor impact home occupations may have a limited number of customers coming to the home as set forth in § 154.042(D) so long as the activity of the business does not have a major impact on the residential neighborhood where they operate; however, no one who does not reside in the home on a permanent basis may engage in the on-premises activities of the minor home occupation.
MOBILE HOME. A dwelling that was fabricated in an off-site manufacturing facility, designed to be a permanent residence, built prior to enactment of the Federal Manufactured Home Construction and Safety Standards, and consistent with any existing state definitions.
MODULAR HOME. A residential dwelling, constructed in a factory to a residential construction code other than the Federal Manufactured Home Construction and Safety Standards.
NO-IMPACT HOME OCCUPATION BUSINESSES. No-impact home occupations, as set forth in § 154.042 of this chapter and operating under the performance standards of said section, do not require a permit and are permitted in all residential zones. No-impact home occupations do not have customers coming to the home and no one who does not reside in the home on a permanent basis engages in the on-premises activities of the home occupation.
NONCONFORMING. A use or structure or both that existed prior to the adoption of these regulations but which does not meet the requirements of these regulations.
NURSING HOMES. A facility licensed by the State of Arkansas to provide a full range of direct medical, nursing, and other health services on a 24 hour basis to residents. This shall include convalescence and assisted living facilities.
OPEN SPACE. Any unoccupied space on a lot that is open and unobstructed to the sky and occupied by no structures or portion of structures whatsoever.
PARKING SPACE, BUS. On-lot space available for the parking of one motor vehicle and having an area of not less than 500 square feet exclusive of space necessary to provide access to a street or alley.
PARKING SPACE, CAR. An on-lot space available for the parking of one motor vehicle and having dimensions of nine feet by 34 feet inclusive of space necessary to provide access to a street or alley.
PLANNING COMMISSION. The White Hall Planning Commission.
PRINCIPAL USE. The chief or main recognized use of a structure, or lot, or of land.
PROPERTY LINE. The line bounding a lot as described herein.
SCREENING. A permanent type opaque fence of wood or masonry construction having a height of not less than six feet shall be erected and maintained between such area and the property in a residential zone.
STREET. A public way which affords the principle means of access to abutting properties.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, STRUCTURES include buildings, billboards, and poster panels, but do not include walks, parking areas and drives.
TELECOMMUNICATIONS TOWER. Any structure designed to provide the capability to receive, transmit, and/or communicate at a distance, including but not limited to television, radio, telephone and cellular towers and structures.
TRANSIENT USE. The placement on a site of any type of structure, either mobile or stationary and including trailers, tents, portable buildings, or other structures, that is not designed to comply with permanent construction regulations, and is intended to remain on the site for a period not to exceed six months. Such uses include concession stands, vegetable or other seasonal food stands, and merchandising or other vending stands. A TRANSIENT USE may only be placed in a use zone permitting the type of activity proposed. It must comply with the setback and parking regulations of the zone and type of use and must obtain a temporary certificate of occupancy. Such use must meet other city and state codes and regulations as required.
USE OF LAND. The unoccupied portion of a lot shall be considered to be in the same use as is the principal structure located on the lot unless such land is utilized for open storage or agriculture outside of the structure, then the USE OF LAND shall be classified according to the nature of its use.
YARD. A space on the same lot with a principal building, open, unoccupied and unobstructed by buildings from the ground to the sky, except for encroachments and accessory buildings expressly permitted by this chapter.
YARD, FRONT. A yard extending across the full width of a lot and between the exterior front building wall, at the ground, and the centerline of the adjoining street upon which the lot fronts.
YARD, REAR. A yard extending across the full width of a lot and between the exterior rear building wall and the rear lot line.
YARD, SIDE. A yard adjacent to a side lot line extending from the front yard to the rear yard and between the exterior side building wall and side lot line.
(Ord. 26, passed 10-24-67; Am. Ord. 101, passed 4-11-77; Am. Ord. 113, passed 12-11-78; Am. Ord. 121, passed 9-8-80; Am. Ord. 243, passed 10-21-96; Am. Ord. 248, passed 12-16-96; Am. Ord. 259, passed 2-17-98; Am. Ord. 260, passed 2-17-98; Am. Ord. 273, passed 5-17-99; Am. Ord. 341, passed 5-19-03; Am. Ord. 371, passed 7-18-05; Am. Ord. 553, passed 1-16-24)