(A) The Planning Commission may after a public hearing, permit special uses as outlined in the various districts where such uses are deemed to be essential or desirable to the public convenience or welfare.
(B) Written application for the approval of the uses classified as special uses shall be filed with the Southeast Arkansas Regional Planning Commission's office or at the City Hall upon forms prescribed for that purpose by the Planning Commission.
(C) The procedure for holding public hearings shall be the same as that required in § 154.093 of this chapter.
(D) The Planning Commission shall make its findings and determination in writing within 40 days from the date of filing of an application and shall forthwith transmit a copy thereof to the applicant.
(E) In approving special uses, the Planning Commission shall have authority to impose such conditions as it deems necessary to protect the public's health, safety and general welfare.
(F) In addition to the requirements for conditional uses stated above in divisions (A) through (E) of this section, the following provisions shall be satisfied for child care facilities:
(1) Child care facilities may be operated for a period of not more than 12 hours and only between the hours of 6:00 a.m. and 8:00 p.m. The Planning Commission may waive these hours of operation on a case by case basis if the proposed hours of the facility are compatible with the surrounding uses.
(2) There shall be provided one paved off-street parking space for each staff member, with two spaces being the minimum number of parking spaces required, as well as a paved loading and unloading area for children.
(3) Thirty-five square feet per child of usable floor space shall be required for indoor play. For the purpose of computing this area, hallways, bathrooms, and kitchen floor space shall not be included.
(4) There shall be not less than 75 square feet of usable outdoor play space for each child receiving care in the facility. Such outside play space shall be completely enclosed with not less than a four-foot chain link fence.
(5) All such applicants for child care facilities must evidence that the State of Arkansas Social Services Division, Department of Social and Rehabilitation Services, agrees that the applicant can satisfy any and all state requirements in addition to those noted herein.
(G) In addition to the requirements for conditional use stated above in divisions (A) through (F) of this section, the following provisions shall be satisfied for recreation centers: Recreation centers shall not be located less than 300 feet from any residential zone property.
(H) In addition to the requirements for conditional uses stated above in divisions (A) through (G) of this section, the following provisions shall be satisfied for billboards:
(1) Billboards shall be located only on streets designated on the White Hall Master Street Plan as major arterial streets.
(2) Each billboard shall have a maximum of two sign faces, one per side, supported by the same structural foundation. In no case will the maximum area of a single sign on one facing be more than 1,200 square feet, nor will it exceed a length of 60 feet or a height of 25 feet inclusive of any border and trim but excluding ornamental base or apron supports and other structural members.
(3) No billboard shall be located within 3,000 feet of another billboard. This spacing requirement shall be measured linearly along the center line of the street to which the billboard is directed and the measurement shall apply to both sides of the street, except that each side of the street shall be considered separately on streets with medians.
(4) A billboard, including the facing and supporting structures, shall meet the following setbacks:
(a) The front yard setback shall be 70 feet from the center of the road or 20 feet from the property line, whichever is greater.
(b) The side yard (street) setback shall be 15 feet.
(c) The side yard (interior) setback shall be 10 feet when abutting a C-2 or M-1 zone and 20 feet when abutting all other zones.
(d) The rear yard setback shall be 20 feet.
(5) The maximum height of a billboard shall not exceed 45 feet above grade level except that billboards located within 200 feet of a divided highway may be elevated a maximum of 45 feet above the level of the highway at the point on the highway perpendicular to the center of the sign.
(6) If a billboard is erected in conformance with the zoning regulations and any conditions placed upon it by the Planning Commission, and subsequently the view of one or both of the full facings of the billboard at any point described above is materially obstructed, the sign facing shall be considered no longer functional. (An obstruction shall be deemed to be of a material character when it renders the essential elements of the sign unreadable.) The owners of the billboard may be given the option to replace the sign facing(s) in the event it (they) becomes obstructed and considered no longer functional, however, a sign facing that is obstructed in excess of 60 days shall be required to be removed.
(7) When a conditional use application shall be filed for the establishment of a billboard in the city, the application shall be accompanied by a professional survey drawn to scale that shows the location of the proposed billboard in relation to all property lines, all existing structures and existing parking and driveway facilities, and the location of the outside curb or edge of pavement of the arterial street on which the billboard will be located.
(I) In addition to the requirements for conditional use stated above in § 154.047(A) through (E), the following provisions shall be satisfied for accessory dwellings.
(1) One accessory dwelling may be placed on a parcel with one existing single family dwelling which is the primary residence, or constructed on the parcel at the same time as the primary residence, provided all requirements of this section are met. One of the dwelling units shall be occupied by the land owner. Accessory dwellings shall not be permitted on parcels with duplexes.
(2) The accessory dwelling shall be a site-built structure. Mobile homes, manufactured or modular housing, or metal structures built off-site and intended to be moved onto a residential lot for storage purposes are not permitted as accessory dwellings. An existing accessory structure meeting this requirement may be converted to an accessory dwelling provided that upon completion it will meet the requirements of this section and the city building codes.
(3) The accessory dwelling may be a stand-alone structure or may be a two-story type of construction when the ground floor is occupied as an automobile garage or accessory storage for the primary residence on the lot.
(4) The maximum permitted floor area of an accessory dwelling shall not exceed 700 square feet nor shall it exceed, when added to the principle dwelling, 35% of the total lot area.
(5) Setbacks. A stand-alone accessory dwelling shall be located in the back yard of the principle residence and be located at a minimum ten feet from the principle residence. Side yard setbacks shall be the same as for the principle residence. The rear yard setback shall be ten feet from the rear property line. If the accessory dwelling is a two-story type of construction and the ground floor is occupied as an automobile garage for the primary residence on the lot, the structure may be located beside or be attached to the primary residence provided that said structure meets the setback requirements of its zone.
(6) One off-street paved parking space located behind the front yard setback of the primary residence is required for an accessory dwelling. Said parking space shall be in addition to the parking required for the principle residence.
(7) No accessory dwelling shall exceed the permitted height of the district.
(J) Implementation of conditional uses permitted under the requirements of this section shall begin within six months of the date the permit was granted or the permit will be voided. A six-month extension of this requirement may be granted by the Zoning Administrator if the permittee can show that unavoidable circumstances have delayed the implementation of said conditional use permit. Extension requests must be submitted to the Zoning Administrator in writing and must state the reasons the extension is needed. If a conditional use permit becomes void under this regulation, and the petitioner wishes to pursue said conditional use, a new conditional use application must be submitted, and all regulations of this section must be adhered to.
(Ord. 26, passed 10-24-67; Am. Ord. 101, passed 4-11-77; Am. Ord. 113, passed 12-11-78; Am. Ord. 202, passed 5-11-92; Am. Ord. 248, passed 12-16-96; Am. Ord. 259, passed 2-17-98; Am. Ord. 428, passed 8-16-10; Am. Ord. 435, passed 5-16-11)