ORDINANCE NO.2010-6 AN ORDINANCE ADOPTING A REVISED ZONING CODE FOR THE CITY OF OZARK, ARKANSAS,DECLARING AN EMERGENCY,AND FOR OTHER PURPOSES WHEREAS,the Planning Commission of the City Council of the City of Ozark,Arkansas have adopted and filed a new comprehensive plan for the city and its planning area;and WHEREAS,The Arkansas planning statutes,in A.C.A. §14-56-416(a)(1)provide that"Following adoption and filing of the land use plan, the [planning] commission may prepare for submission to the legislative body a recommended zoning ordinance for the entire area of the municipality;"and WHEREAS,The Planning Commission has prepared a new zoning code,consisting of a technical code and map,with the express purpose of carrying out the provisions of the comprehensive plan;and WHEREAS,the Planning Commission,after holding a duly advertised Public Hearing on September 2°d, 2010, to allow discussion and citizen comments on the proposed zoning code, has adopted the new zoning code and forwarded it to the City Council with a recommendation that it be adopted by municipal ordinance. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF OZARK,ARKANSAS,THAT: 1.That a Zoning Code,consisting of a Technical Code,and Zoning Map is hereby adopted as the Official Zoning Code of and for the City of Ozark,Arkansas,pursuant to A.C.A. 14-55-207,by which three copies shall be filed with the Ozark City Clerk for public inspection. 2.The City Clerk is directed to maintain the official copy of the Zoning Map in The Ozark City Hall.Copies of the Zoning Code may be distributed to the public as a convenience;however,the code maintained by the Ozark City Clerk in City Hall shall be the one and only official zoning code,consisting of a technical code and zoning map. 3.That any ordinance in conflict with this Ordinance are hereby repealed.All existing zoning maps and replicas of zoning maps not in accord with the official zoning map are hereby repealed. 4.The convenient and speedy delivery of goods and services within the City of Ozark being necessary for the continued health,safety,and welfare of the general public,an emergency is declared to exist and this ordinance shall be in full force and effect from and after its date of adoption. ADOPTED ON THIS 1.1TH DAY OF OCTOBER, 2010 Mayor of Ozark ATTEST: 40 City Clerk TITLE 14 ZONING Chanters: 14.04 Zoning Ordinance Adopted 14.08 Ozark-Franklin County Airport Hazard Zoning 14.12 Flood Damage Prevention Program 14.16 Mining and Drilling of Oil or Gas Wells 14.20 Annexing and Rezoning Property CHAPTER 14.04 ZONING ORDINANCE ADOPTED I Sections: 14.04.01 Citation,purpose and nature 14.04.02 Administration 14.04.03 Definitions 14.04.04 Zoning districts 14.04.05 Special provisions 14.04.06 Special Permit Uses 14.04.07 Board of Zoning Adjustment 14.04.08 Signs 14.04.09 Amendments 14.04.10 Enforcement 14.04.01 Citation,purpose and nature A. This Code, in accordance with Arkansas Code Annotated §§ 14-46-401 et. seq., shall be known as the Ozark Zoning Code and may be cited as such. B. The zoning regulations set forth herein are enacted for the purpose of promoting the health, safety, order,prosperity, and general welfare of the citizens of the city of Ozark now and in the future. The zoning regulations shall provide for efficiency and economy in the process of development for the appropriate and • best use of land, for the use and occupancy of buildings, and for healthful and convenient distribution of population. 170 C. Except as otherwise noted hereinafter, no land shall be used and no building, structure, or improvement shall be made, constructed,moved, altered, enlarged, or rebuilt which is designed, arranged, or intended to be used or maintained for any purpose or in any manner except in accordance with the requirements established in the district in which such land,building, structure, or improvement is located, and in accordance with the provisions of the articles contained herein relating to any or all districts. (Ord.No. 2004-6, Art. I) 14.04.02 Administration The administration of these regulations and the voice behind such determination shall be the Ozark Planning and Zoning Commission,herein referred to as the Commission. As set by ordinance, the Commission shall meet as prescribed to determine qualified applications which have met parameters set forth within this ordinance. (Ord. No. 2004-6, Art. II, Sec.l) 14.04.03 Definitions For the purpose of these regulations, certain terms or words used herein shall be interpreted as follows: A. The words shall and must are mandatory; the word may is permissive. B. The words used or occupied shall include the words intended, designed, or arranged to be used or occupied. • C. The word lot includes the words plot and parcel. D. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. For the purpose of these regulations, the following terms or words are defined as follows: Accessory structure A subordinate structure located on the lot with the principal structure. Where an accessory structure is attached to the principal structure, in a substantial manner, as by a roof, such accessory shall be considered part of the principal structure. An example of an accessory structure for a non-residential structure would be the educational building of a church, with the sanctuary being the principal 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. Adult Daycare Center An establishment that provides, on a regular basis, assistance or care for five or more unrelated adults for a period of less than twenty-four hours a day and which receives a payment, fee or grant for the adults attending the facility, whether or not operated at a profit. Alley A public passage or way affording a secondary means of vehicular access abutting property and not intended for general traffic circulation. (Ord.No. 2009-11, Sec. 1.) 171 • Antenna array One or more rods,panels discs or similar devices used for the transmission or reception of radio frequency signals, which may include an omni-directional antenna(rod), a directional antenna(panel) and a parabolic antenna(disc). The antenna array does not include the support structure defined below. Area This term refers to the amount of land surface in a lot or parcel. Area requirements The yard, lot area, width of the lot, and parking requirements as set forth in a specific district. Automobile Junk and Salvage Yard or Scrap Yard An area outside of a building where motor vehicles are disassembled, dismantled,junked, or"wrecked", or where motor vehicles not in operable condition or used parts of motor vehicles are stored, or where scrap metal, cloth,wood,paper, or other materials are stored for either resale, recycling, or retention. Bed and Breakfast An owner-occupied dwelling unit that contains no more than three guest rooms where lodging,with or without meals, is provided for compensation. The operator of the inn shall live on the premises or in adjacent premises. Buffer protection A landscaped area or fence intended to separate and partially obstruct the view of two adjacent land uses of properties from one another. (Ord.No. 2009-11, Sec. 1.) Building See Structure. Building Coverage The percentage of the lot area covered by the building. The building area shall include all overhanging roofs. Building,Height of The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the structure, exclusive of chimneys, ventilators, or other extensions above the roof line that are not intended for occupancy or internal usage by persons. Building Line The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps. Building,Main or Principal A building in which is conducted or intended to be conducted, the main or principal use of the lot on which said building is located. Building Inspector The individual designated by the Ozark City Council with the responsibility of administering the city building and development codes. Camper A small trailer built on a chassis, towed behind a vehicle with bunks, stove, and other facilities or a pickup truck that has a shell over the truck with minimum living facilities. (Ord. No. 2009-10, Sec. 1.) • 172 • Carport A structure designed primarily for the housing of a vehicle, may be attached to a house or other building or it may be freestanding, and in any case, be and remain open on at least two(2) sides. (Ord.No. 2004-9, Sec. 1.) Carnival A transient amusement enterprise set up with the intent to operate for a limited time at any specific location. (Ord.No. 2009-10, Sec. 1.) Child Care Center Any Child Care Facility conducted under public or private auspices on a profit or nonprofit basis providing direct care and protection for minor children. Any facility that is open more than five(5) hours during any 24 hour period or more than a total of ten(10) hours during a seven(7)day period is considered a Child Care Center and shall be subject to provisions of the Child Care Facility Licensing Act. This definition includes,but is not limited to, a nursery, a nursery school, a registered home day care, a day care family home, or day care center. However this definition does not include: Special schools or classes operated solely for religious instruction. Facilities operated in connection with a church, shopping center,business or establishment where children are cared for not more than five (5)hours during any 24 hour period or more than a total of ten(10)hours during a seven(7)day period. • Educational facilities, whether public or private,which operate solely for educational purposes in grades one(1) or above and does not provide any custodial care. Kindergartens operated as a part of the public schools of this state. Any situation, arrangement, or agreement by which one(1)or more persons care for fewer than six(6)children from one(1) family at the same time. Any recreational facility or program, whether public or private, which operates solely as a place of recreation for minor children,where children are not cared for more than five(5)hours during any 24 hour period or more than a total of ten(10) hours during a seven(7)day period. Any state-operated facility to house juvenile delinquents or any serious offender program operated by a state designee to house juvenile delinquents, foster home, group home, or custodial institution. Child Care Center,Public or non-profit A Child Care Center conducted by a religious institution, school or other non-profit organization and providing direct care and protection for children excepting that this definition does not apply to facilities meeting this definition but operation no more than three weeks at a time, specifically including religious study schools and day camps. 173 Child Care Center,Private A child Care Center conducted under private, for-profit, auspices providing direct care and protection for children. Child Care Intensive Home Facility A situation, arrangement or agreement by which one or more persons care for six to 16 children from more than one family and are cared for in a caregiver's own family home or in some other suitable family type residence. Such day cares are defined by the state as Child Care Family Homes. Child Care Family Home A situation, arrangement or agreement by which one or more persons care for five children or less from more than one family and are cared for in a caregiver's own family home or in some other suitable family type residence. Such day cares are defined by the state as Registered Child Care Family Homes. Clinic,Dental or Medical A facility for the examination and treatment of ill and afflicted human outpatients; however,that patients are not kept overnight except under emergency conditions. Dwelling, single-family A detached structure designed for or occupied by one family only. Dwelling,two-family A detached structure designed for or occupied by two families only, with separate housekeeping and cooking facilities for each. • Dwelling,multi-family A structure designed for or occupied by three or more families, with separate housekeeping and cooking facilities for each. Dwelling unit A structure or portion providing complete housekeeping facilities for one family. The term shall not be deemed to include motels,rooming houses, or mobile homes. Dwelling, multi-family-apartment type A structure designed for or occupied by more than four families, each having total separate housekeeping and cooking facilities for each. Easements A property interest granted to a public utility company,the city or other public bodies, or the general public for the establishment, use, maintenance or enlargement of specified uses, such as,but not limited to,utilities, drainage, and pedestrian or vehicular access. A person may build over a utility easement at his/her own risk. (Ord. No. 2009-11, Sec. 1.) Equipment facility Any structure used to contain ancillary equipment for a WCF. Existing The established fact of the use of land or structure at time of the effective date of these regulations. 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. 174 Federal Standards The Federal Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development under the authority of 42 U.S.C. 5401, et seq., as it existed on January 1, 1976. (Ord.No. 2008-7, Sec. 4.) Floor area The sum of 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. Home Occupation Any occupation or activity which is clearly incidental and secondary to the use of the dwelling and which is carried on wholly within a main building by family member residing on the premises. A home occupation includes,but is not limited to, the following: A. Internet based home businesses B. Professional offices that do not require client visitation on the premises C. Musician's and artist's teaching studios D. Tutoring, limited to three students at one-time Home occupation shall not include barber shops, beauty shops, child care centers, or restaurants. There shall be no exterior display of goods or services, and no yard space shall be used to further the home occupation. • Illumination,Direct Illumination that is so arranged that the light is directed into the eyes of the viewer from the light source. Illumination,Indirect Illumination that is so arranged that the light is reflected from the sign to the eyes of the viewer. Illumination, Spot Light Illumination that comes from lamps, lenses, or devices designed to focus or concentrate the light rays of the source. Kennel Any lot or premises on which 4 or more animals, more than six months of age are kept for personal use or boarding. Lot A portion or parcel of land considered 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 spaces belong to same. Lot of record A lot which is part of a subdivision recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds,the description of which has been so recorded. Manufactured home A dwelling unit constructed in a factory in accordance with the Federal Standards and meeting the definitions set forth in the Federal Standards and under A.C.A. 20-25-102. (Ord.No. 2008-7, Sec. 4.) 175 Manufactured Home Park Land or property containing a minimum of 2 acres which is used or intended to be used or rented for occupancy by manufactured homes or movable sleeping quarters of any kind. Manufactured Home Space A space means ground within a manufactured home park designed of the accommodation of one manufactured home. Manufactured Home Subdivision A subdivision in which lots are platted to be served by public rights-of way, designed and intended for sale to individuals who will place a manufactured home unit on their property. Mobile home A dwelling unit constructed in a factory before the enactment of the Federal Standards as codified prior to 1976. (Ord. No. 2008-7, Sec. 4.) Non-conforming A use or structure or both that existed prior to the adoption of these regulations,but which does meet the requirements of these regulations. Nursing Home Any premises where more than three unrelated persons are lodged and furnished with meals and nursing care. Open space Any unoccupied space on a lot that opens unobstructed to the sky and occupied by no structures or portions of structures whatever. Parking space An on-lot space available for the parking of one motor vehicle, and having an area of not less than 200 square feet exclusive of space necessary to provide access to a street or alley. land. Principal use The chief or main recognized use of a structure, of a lot, or any parcel of Privacy fences Privacy fences are types of fences that are so designed as completely block any view, and are constructed of masonry or solid wood. Property line The line bounding a lot as described herein Setback Distance between the building line and the lot line or current street right-of- way. Where an existing street's right-of-way does not meet the standard for the proposed street right-of-way width as shown on the comprehensive plan, the setback is measured from the projected edge of the street right-of-way. Sign The term "sign" shall mean and include every device, frame, letter, figure, character,mark,plane,point, design,picture, stroke, stripe, trademark, or reading matter which is used or intended to be used to attract attention or convey information when the same is placed out of doors in view of the general public. In addition, any of the above, which is not placed out of doors,but which is illuminated with artificial or reflected light placed near the inside surface of a window in such a way as to be in view of the general public and used or intended to be used to attract attention or convey information to motorists. 176 Sign Area The area within a line including the outer extremities of all letters, figures, characters, and delineations, or within a line including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background,whether it is columns, a pylon, or a building or part thereof, shall not be included in the sign area. Sign,Area Identification A sign to identify a common area containing a group of structures, or a single structure on a minimum site of 5 acres, such as a residential subdivision, apartment complex, industrial park, manufactured home park, or shopping center, located at the entrance or entrances of the area, and consisting of a fence or wall or archway with letters or symbols affixed thereto. Sign,Banner-style Any sign printed or displayed upon cloth or other flexible material, with or without frames. Sign, Building Marker Any sign indicating the name of a building and date and incidental information about its construction,which sign is cut into a masonry surface or made of bronze or other permanent material. Sign,Bulletin Board A sign portraying a non-commercial message for the purpose of announcing an event to be held on the same premises upon which the sign is placed. Sign,Flashing An illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Sign,Free Standing A sign that is attached to or a part of a completely self- supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or other structure whether portable or stationary. Sign,Identification A sign that serves as identification for a person or business operating on the premises where the sign is located. Such sign may name the person, organization or business,but shall not portray any other commercial or non-commercial message. Sign,Illuminated Any sign that has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. Sign,Incidental A sign, generally informational,that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking,""entrance,""loading only," "telephone, "and other similar directives. Sign,Joint Identification A sign which serves as common or collective identification for a group of persons or businesses operating on the same zone lot(e.g., shopping center, office complex, etc.) and shall include a sign which identifies architects, engineers, contractors and • other individuals or firms involved with the construction on the premises. Such sign may name 177 • the persons, organizations or businesses included but shall not portray any other commercial or non-commercial message. Sign,Non-conforming A sign existing at the effective date of the adoption of this Code, which could not be built under the terms of this Code. Sign,Portable Any sign that is moveable,portable, capable of or intended to be moveable or portable. Also, a sign which is not permanently secured in or on the surface upon which it rests or a sign erected on a frame,platform,trailer, or other portable or moveable structure. Includes signs non-illuminated, illuminated or capable of being illuminated. Sign,Projecting Any sign that shall be affixed at an angle or perpendicular to the wall of any building in such a manner as to read perpendicular or at an angle to the wall on which it is mounted. Sign,Public A sign erected by or on behalf of a governmental body to post a legal notice, identify public property, and convey public information or to direct or regulate pedestrian or vehicular traffic. Sign,Real Estate A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located. . Sign,Temporary Any sign that is used only temporarily and not for a period exceeding 30 days and which is not permanently mounted. Sign,Wall Any sign that shall be affixed parallel to the wall or printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of this Code, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign. Any sign that is affixed to the face of a building marquee,building awning, or a building canopy, shall be considered a wall sign. Street A public way which affords the principal access to abutting properties. Structure Anything constructed or erected with a fixed location on the ground. Among other things, structures include buildings, fences billboards, and poster panels,but do not include walks,parking areas and driveways. Support structure A structure designed and constructed specifically to support an antenna array, and may include a monopole, guy-wire support tower, or derrick tower. Any device used to fasten an attached WCF to an existing building or structure shall be excluded from the definition of and regulations applicable to support structures. • 178 Tractor and trailer rigs The tractor is a self-propelled unit designed to pull flat-bed or enclosed units for transporting of goods. The trailer is the unit either flat-bed or enclosed that goods are placed in for transporting and is not intended for the storage of goods. Either in one unit or separately, vehicles having more than two axles on the road or similar vehicles not ordinarily used for personal transportation, or otherwise known as a type of commercial vehicle. (Ord.No. 2009-10, Sec. 1.) Travel trailer Each unit is a temporary single-family dwelling unit built on a chassis not exceeding 8 feet wide and 32 feet long designed for short-term occupancy and frequent travel, requiring services for utility and sanitary facilities. Unit may be self-propelled or towed behind a vehicle. (Ord. No. 2009-10, Sec. 1.) Travel Trailer Park/Recreational Vehicle Park A unified development under private ownership designed primarily for transient service, on which travel trailers,pick-up coaches, and self-propelled motorized vehicles are parked or situated for short-term occupancy. The owner shall provide park services for utility and sanitary facilities. Use of land The unoccupied portion of a lot shall be considered to be in the same use as is the principal structure on the lot,unless such land is utilized for open storage of agriculture purposes, such as composting for lawn home gardening. Variances Variances are granted to the property and remain with the property, and • transfer to changing owners or occupants. Such variances are granted as administrative relief from the literal provisions of this Code when, because of particular physical surroundings, shape or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience. Wireless Communication Facility A Wireless Communication Facility is defined as any unstaffed facility covered by the Federal Telecommunications Act of 1996 for the transmission and/or reception of wireless telecommunication services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure, also known as an antennae or tower,to achieve the necessary elevation. Yard A horizontal distance from a lot line to a parallel designated line a year is an open space extending the full distance of the lot. (Ord. No. 2004-6, Art. III) 179 • 14.04.04 Zoning districts R-1 Low Density Residential District R-2 Medium Density Residential District R-3 Medium High Density Residential District R-4 Manufactured Home District R-5 Variable Density Residential District C-1 Central Business District C-2 General Commercial District C-3 Neighborhood Commercial&Quiet Business District I-1 Industrial District A-1 Agricultural District A. The use zones are designated on the map entitled "Zoning Map",City of Ozark, and said map shall be a part of this ordinance. B. The lines delineating the boundaries of the use zones on the "Zoning Map" are intended to follow city limit lines, center of street right-of-way, center of main channels of water courses, and existing property lines. C. When the street or property layout existing on the ground is at variance with that shown on the zoning map or with other requirements of this ordinance,the board • of zoning adjustment shall interpret the boundaries. D. In cases where a specific property has been rezoned,the legal description contained on the original enacting ordinance shall serve as the official boundary for the zoning district,with the zoning map serving as a representation of that boundary. E. The official zoning map shall be located in City Hall and shall be the official authority as to the current zoning status of land,buildings, and other structures in the City. R-1 Low Density Residential District The principal use of land shall be for detached, single family dwellings and such recreational,religious, and educational facilities which would require the basic elements of a balanced and attractive neighborhood area. Permitted uses: A. residential, single family dwelling B. parks C. municipal recreational uses D. accessory or incidental structure to residential use E. home occupations, as permitted herein • F. child care family homes 180 • Special Permit uses: A. bed and breakfast B. churches C. schools Prohibited uses: A. manufactured homes B. mobile homes Provisions of R-1: A. minimum lot area 7,000 s q. ft. B. minimum lot width 60 ft. at building line C. maximum height 3 stories or 36 ft. whichever is highest D. front yard 25 ft. setback E. (1) side yard 7.5 ft. setback (2) side yard with street 25 ft. F. rear yard 10 ft. off property line G. off-street parking two(2)parking spaces per residence H. places of public assembly (1)yard 25 ft. from all property lines (2)parking one(1) space per 5 persons accommodated I. living unit; single family 1000 sq. ft. minimum of living area no less than 20 ft. in width and roof pitch of no less than 4 in 12,the main entrance(front door)must face the street on which the property is addressed. J. All carports must meet the setback requirements of R-1 zoning. No privacy fences shall be constructed in the front setback area. (Ord. No. 2009-12, Sec. 3.) R-2 Medium Density Residential District The principal use of land shall be for detached, single family dwellings, or attached dwellings for up to a four family occupancy, and such recreational, religious, and educational facilities which would require the basic elements of a balanced and attractive neighborhood area. This district is designed primarily for the use of duplex,tri-plex and four-plex style structures. Permitted uses: A. single family dwellings up to four family dwellings, detached or consolidated B. all permitted R-1 uses C. child care family homes • 181 Special Permit uses: A. bed and breakfast B. churches C. schools Prohibited uses: A. manufactured homes B. mobile homes Provisions of IM. ��. A. minimum lot area 8,000 sq. ft. for the initial unit, and 1,500 sq. ft.per each additional unit B. minimum lot width 60 ft. C. maximum height 3 stories or 36 ft. whichever is highest D. front yard 25 ft. E. (1) side yard 7.5 ft. (2) side yard with street 25 ft. F. rear yard 10 ft. off property line G. off-street parking two (2)per family unit H. places of public assembly • (1)yard 25 ft. from all property lines (2)off-street parking one(1) space per 5 persons accommodated I. no privacy fences shall be constructed in the front setback area R-3 Medium-High Density Residential District The principal use of land shall be for large, consolidated or detached, residential structures with over four family dwellings. This district shall be designed to accommodate structures such as retirement centers and apartment complexes or any such structure which will be used for the occupancy of more than four family units. Permitted uses: A. residential dwellings with over four family units,consolidated or detached B. retirement centers C. nursing homes D. housing projects E. apartment complexes F. child care centers, child care intensive home facilities, and adult daycares G. public or private schools,parks, and churches Prohibited uses: A. manufactured homes B. mobile homes 182 Provisions of R-3: A. minimum lot area 12,000 sq. ft. per first four family units or structure and 1,500 sq. ft per each additional family unit or accessory building B. minimum lot width 125 ft. at front yard line C. maximum height 3 stories or 36 ft. whichever is highest D. front yard 30 ft. E. side yard 15 ft. with or without street F. rear yard 10 ft. off property line G. no privacy fences shall be constructed in the front setback area H. no building shall not cover over 60 percent(60%) of the lot area I. parking two(2)parking spaces per family unit or single family dwelling R-4 Manufactured Home District This district is intended to accommodate a dwelling unit constructed in a factory in accordance with the federal standards and meeting the definition set out in the Federal Standards 42 U.S.C. 5401, et seq. (January 1, 1976) and A.C.A. 20-25-102. It is the intent that this district be located so as not to adversely affect the established residential development patterns and densities in the city. Such locations, however, shall have necessary public utilities, community facilities, and other public services in order to provide a healthful • living environment with the normal amenities associated with residential districts of the city. Permitted uses: A. manufactured homes parks B. manufactured home park accessory and service buildings C. manufactured home subdivision D. public or private schools,parks, and churches Provisions of R-4: A. minimum lot area (1)manufactured home park 2 acres with 4,500 sq. ft. per dwelling unit (2)manufactured home subdivision 4,500 sq. ft. B. minimum lot width 45 ft. at building line C. maximum height 1 story D. front yard 25 ft. setback E. (1) side yard 10. ft. (2) side yard with street 25 ft. F. space clearance 20 ft. between homes G. rear yard 15 ft. off property line H. fencing No privacy fence shall be constructed in the front setback area. • I. off-street parking two (2)per family unit 183 • In addition, the R-4 Manufactured Home District shall adhere to the following requirements and limitations: A. The manufactured home shall meet all requirements as defined in Art. III and must possess all necessary building and occupancy permits and other certifications required by the city of Ozark for a dwelling unit. B. In a manufactured home subdivision, the home must be appropriately sited on the lot with the front of the home oriented to the front of the lot, and all required setbacks (front, side and rear)of the zoning district in which the home is located must be met without any exceptions or variances. C. The home shall be installed in accordance with the manufacturer's instructions as recognized by the Arkansas Manufactured Home Commission, including site preparation,pier foundations-footings,pier support columns, and anchoring. Installation shall include the construction of a perimeter foundation enclosure of brick, stone or exterior material used on site-built residential and installed in conformance with the manufacturer's installation instructions. D. The dwelling shall be occupied only as a single-family residential use. (Ord. No. 2008-7, Sec. 2.) • R-5 Variable Densitv Residential District This district is intended to provide for medium density dwellings and includes a wide variety of housing types, including manufactured homes. The principal use of land is for single family, two-family dwellings, townhouses and multiple family dwellings such as duplex, triplex and four-plex style structures. Recreational, religious, and educations uses normally located to service residential areas are also permitted to provide the basic elements of convenient, balanced and attractive living areas. The establishment, location and use of manufactured homes as individual-site, single family residences shall be permitted in the R-5 Zoning District subject to all requirements and limitations generally apply to such residential use in each of the respective districts, and provided such homes shall meet all of the following requirements and limitations: Permitted uses: A. up to four family dwelling, detached or consolidated B. manufactured homes C. all permitted R-1 uses i 184 Provisions for R-5: A. single family dwellings must comply with all R-1 provisions B. townhouses, duplex,triplex &four-plex must comply with all R-2 provisions C. manufactured homes single family 1,000 sq. ft. minimum living area; no less than 20 ft. width and roof pitch no less than 4 in 12. All living units shall be built on a solid perimeter foundation enclosure of concrete block, brick, or stone. The manufactured home shall be installed meeting the manufacturer's instructions with all wheels,tires, axles, and parts used for towing being removed. D. minimum lot area 7,000 sq. ft. E. minimum lot width 75 ft. F. maximum height 3 stories or 36 ft., whichever is highest G. front yard 25 ft. setback H. side yard 7.5 setback I. space clearance 15 ft. between homes J. rear yard 10 ft. off property line K. off-street parking 2 parking spaces per residence • L. places of public assembly (1) yard 25 ft. from all property lines (2)parking 1 space per 5 persons accommodated (Ord. No. 2008-7, Sec. 3.) C-1 Central Business District The Central Business District is a permanent site within the city of Ozark which represents the core section of downtown. This district serves as the historic retail center of the community. The intent of the district is to encourage a diversity of uses that sustain the historic character of the downtown. Permitted uses: A. retail establishments selling mainly goods described as grocery,pharmaceutical, hardware, variety, dry goods, automotive parts, carpentry, and like establishments. B. eating establishments such as cafes and restaurants C. professional offices for banking, law firms, accountants, title companies,utilities, etc. D. service outlets such as barber shops, beauty salons, etc. E. government offices F. places of public assembly and churches G. upper story apartments and lofts • H. structures with mixed residential and commercial uses 185 • Special Permit uses: A. bed and breakfast B. convenience or liquor store Prohibited uses: A. utility staging yards B. automotive salvage yards C. freestanding vending machines, as a principal use D. mini-storage Provisions of C-1: A. front and side yards no specific distance required B. rear yard no requirements except on lot abutting residential lot, then setback shall be 25 ft. C. height 4 stories or 48 feet, whichever is greater • C-2 General Business District This district is designed for the general operation of business. Such business will cater to typical traffic flow of patrons and vendors. The idea is for such business to handle the needs of the public without creating hazard or impedance to the public. Permitted uses: A. all retail establishments B. all service establishments including motels, hotels, offices, restaurants, service stations, laundry, etc. C. government offices and facilities D. place of public assembly E. medical facilities and clinics F. public or private schools,parks, and churches G. child care centers and adult daycares H. Recreational vehicle campgrounds, in conformance with applicable regulations I. sexually oriented business meeting all applicable state regulations and subject to all the requirements contained within this code • 186 • Provisions of C-2: A. minimum lot area 5,000 square feet B. front yard minimum of 30 ft. C. side yard minimum of 30 ft. on property abutting a residential use zone or 15 ft. on property abutting a commercial use zone D. rear yard minimum of 10 ft. from rear lot line or center of alley, if one exists E. lot coverage No structure shall cover more than one-half ('/2 )the lot area. F. load and unload In no way shall any public right-of-way or alley be blocked or traffic impeded for the purpose of load or unload; designated area shall be provided on the property. G. parking commercial—one space per employee with one additional space per 200 sq. ft. of building retail space. H. places of assembly parking one space per 10 persons (Ord. No. 2004-6, Art. IV) C-3 Neighborhood Commercial and Ouiet Business This district is intended to accommodate quiet businesses,professional offices, medical and dental offices and essentially include facilities which can be located adjacent to or combined with multi-family residential uses without undue harmful effects to the residential uses and adjacent areas. This district can serve as a buffer between higher intensity commercial districts and residential districts. Where commercial development exists adjacent to single-family residential zoning, it should be limited to frontage lots of arterial streets only. Permitted uses: A. professional offices B. medical and dental offices C. government offices and facilities D. place of public assembly E. florist shop,photographic or music studio F. antique or gift shop G. barber or beauty shop F. public or private schools,parks, and churches G. child care centers and adult daycares Special Permit uses: A. bed and breakfast . B. mini-storage 187 • Provisions of C-3: A. This district will be limited to low traffic volume and with operating hours of not earlier than 7:00 a.m. and no later than 9:00 p.m. B. To reduce impact on adjacent neighborhoods,no building will be constructed or renovated with exposed metal walls on any side. This does not prohibit metal fascia or ornamental trim, or metal siding of the type customarily used in residential construction. C. minimum lot area 5,000 square feet D. front yard min of 30 ft. E. side yard: min of 40 ft. on property abutting a residential use zone or 20 ft. on property abutting a commercial use zone. F. rear yard: min of 10 ft. from rear lot line or center of alley if one exists. G. lot coverage: No structure shall cover more than one-half (%2 )the lot area. H. load and unload: In no way shall any public right-of-way or alley be blocked or traffic impeded for the purpose of load or unload; a designated area loading or unloading area shall be provided on the property. . I. parking commercial—one space per employee with one additional space per 200 sq. ft. of building. J. places of assembly one space per 10 persons (Ord.No. 2007-19, Sec. 1.) I-1 Industrial District This zone is reserved for industry capable of processing in manufacturing and agriculture. These activities may involve the storing of bulk materials and the use of such materials in processing. Permitted uses: A. manufacturing, compounding,processing,packaging, assembling of products in large quantities and accessory mechanics of such activity B. storage of materials in bulk or dry storage C. use of facilities designed to load or unload to barge, airline, train, or truck for the transport and delivery of such product Prohibited uses: A. residential uses 188 • Provisions of I-1: A. All uses of this zone shall be approved by the Building Inspector prior to such activity, to determine the safety and soundness of the activity in relation to the health, safety, and welfare of the people. B. All setbacks must be at least 25 feet from property lines. More if necessary because of safety concerns. C. Maximum height to be determined in consideration of other uses of the surrounding area including airports,highways, and other structures. D. No loading or unloading may be on or within public right-of-way. E. One parking spot per three employees. (Ord.No. 2004-6,Art. IV) A-1 Agricultural District This district is designed to provide for the compatible existence of agricultural activities within the city's corporate boundaries so that agricultural uses are protected as a valuable natural resource and do not unduly disturb the desirable functioning of residential, commercial and industrial uses. Permitted uses: A. agriculture, except hog farms • B. animal husbandry—the care and breeding of animals, excluding hogs, for sale C. single-family dwellings D. public facilities Special permit uses: A. large-site commercial recreation use of two acres or more B. golf courses and fairgrounds Area regulations: A. The minimum site size for any agriculture or animal husbandry shall be one(1) acre. Residential uses shall meet the minimum requirements as per the most restrictive residential zone otherwise permitted within the city. B. The minimum setback of agricultural and animal husbandry structure from any residential zoning district is one hundred(100) feet. Otherwise, all such structures shall be set back a minimum of fifty(50) feet from all front,rear and side yards. 189 • 14.04.05 Special provisions A. Classification of annexed lands I. All new additions and annexations of land to the city shall be conveyed into the R-1 Low Density Residential, Single-Family District,unless otherwise classified by the City Council within the ordinance annexing the said addition or land area. B. Existing uses and buildings 1. Nothing contained herein shall require any change in construction or designated use of a building actually under construction at the time of the adoption of these regulations. However, any existing commercial or subdivision construction within the annexed area, not previously reviewed by the Commission must comply with the regulations of the city of Ozark. 2. On any lot in a residential use district which is on a plat of record at the time of passage of these regulations, a one-family structure may be erected even though the lot be of less area or width than required by the regulations of the residential use district in which the lot is located, provided all other requirements are met. All multi-family uses, as . provided in R-2 and R-3,unless already under construction,must conform to these regulations in their entirety. 3. The lawful use of a building or premises at the time of adoption or amendment of these regulations may be continued although such use does not conform with the provisions of these regulations. If the non- conforming use is discontinued for a period of time exceeding ninety(90) days, all future use of the building and premises must comply with these regulations. Any question as to the use or time is a decision placed by the Board of Zoning Adjustment. C. Home occupations 1. Home occupations shall require a special permit, following procedures as outlined in Section 14.04.06. An occupation may be carried on in a residential structure in a residential district only if the following are complied with: a. It does not involve the use of a commercial vehicle operating from the residence. b. It does not require the use of more than two rooms otherwise considered living space. C. It does not require the use of an accessory building. d. No commercial activity outside of the main structure. 190 • e. The occupation must be carried on by a member of the family or resident of the home. f. The occupation may not cater to the day-to-day needs of the public. g. Home occupations permitted shall be limited to the use requested and as specified in the original petition. h. No exterior display of goods or services, or the use of yard space will be permitted. i. The special permit for any home occupation use that has been discontinued for a period of greater than ninety(90) days shall be considered invalid and revoked. Future use of the property must comply with the provisions of the underlying zoning district until a new special permit is obtained for a home occupation. D. Sexually oriented business 1. The purpose of this section is to regulate sexually oriented business to promote the health, safety, and general welfare of the citizens of the city of Ozark and to establish reasonable and uniform regulations to control any concentration of sexually oriented businesses within the city. The provisions this chapter have neither the purpose nor effect of imposing a limitation or restriction upon the content of any communicative materials . and similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. 2. Sexually oriented business—classified a. Adult arcade b. Adult bookstores and video stores C. Adult cabarets d. Adult motion picture theaters e. Adult theaters 3. Condition of use: All sexually oriented businesses must be within the C-2 district only. The following conditions must be met: a. No sexually oriented business may be operated within 1000 ft. of: (1) a church (2) any type or facility used in or in conjunction with education,be it a public or private facility (3) any type or facility used in or in conjunction with child care; be it a public or private facility . (4) any public park or place of public assembly 191 • b. No sexually oriented business may be operated: (1) within 500 ft. of a boundary of a residential zone or any residential use as measured from property line of the business to the property line of the residential zone. (2) within 1000 feet of another sexually oriented business or within 200 feet of any room,building,premises,place or establishment that sells or dispenses alcohol. 4. A lawfully operating sexually oriented business shall not be rendered illegal by the subsequent location of any condition above. (Ord.No. 2004-6,Art. V) E. Intersection visibility On a corner lot in any residential, commercial and/or industrial district, nothing shall be erected,placed,planted or allowed to grow in such a manner as materially to impede vision between a height of 2 feet and 10 feet above the center line of the intersecting street in the area bounded by the street right-of-way lines(not curb lines,but the right-of-way which are also the property lines) of such corner lot and a line joining points along said streets rights-of-way lines 25 feet from the point of intersection. -•-•-•-•-• - Curb �•i ' Varies Restricted Clear between Area 2' & 10' 10' Right-of-way �� property line V IF 2' • 192 F. Recreational Vehicle Campgrounds: This section provides regulations governing the development and operation of Recreational Vehicle(RV) Parks within the City of Ozark. The section seeks to facilitate the development of RV parks to serve the following purposes. a. To provide economic opportunities for developers wishing to provide sites to accommodate tourists and travelers who need opportunities to store recreational vehicles overnight or for short durations. b. To provide economic opportunities for developers wishing to provide sites for transient workers needing safe and sanitary sites for the storage of recreational vehicles used for housing during periods of extended but not permanent periods of employment, such periods generally not extending beyond 24 months. c. To provide design guidelines for the construction of such facilitates in a manner that will be consistent with the goals of the city's land-use plan. d. To provide maintenance and management guidelines that will protect the appearance of the neighborhoods in which RV parks are located. 1. Permits: The approval to construct the park shall be obtained through the Large Scale Development process contained in the Ozark Subdivision Regulations. Approval of the detailed site plan shall authorize the developer to construct all improvements necessary for operating the park in accordance with this section. 2. Location and Site Design: The following regulations govern the location of RV parks. a. RV Parks will only be located in C-2 zones. b. RV parks should be located adjacent to commercial districts; however, each application will be evaluated on its specific set of facts. If a park is located adjacent to a residential district, the site plan shall reflect a 50-foot landscaped buffer on all sides adjoining a residential area. C. Site conditions: conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke,noise, odors, or other adverse influences, and no portion subject to unpredictable and/or sudden subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards. 193 d. Soil and ground cover: exposed ground surfaces in all parts of the recreational vehicle park shall be paved, or covered with stone screenings, or other solid materials, or protected with vegetable growth that is capable of preventing soil erosion and of eliminating objectionable dust. e. Drainage requirements: surface drainage plans for the entire tract shall be reviewed by the city's engineer which shall determine whether the proposed plan is compatible with the surrounding existing drainage pattern and the city drainage plan,prior to issuance of site plan approval and of building permits.No permit shall be approved in such instances where the planning commission finds the plan to be incompatible with surrounding areas. 3. Density: The density shall not exceed 25 camper-vehicle spaces per acre of gross site area, except that the density may be reduced by the planning commission where the physical characteristics or characteristics of the site would indicate that the higher density could,upon finding by the commission, adversely affect the public health, safety and general welfare. 4. Length of Stay: In order to accommodate seasonal workers,there are no • time restrictions on the length of stay of an individual recreational vehicle. Individual vehicle sites, however, shall not be altered to either encourage or depict permanent residency. Specifically, no permanent or semi- permanent structures such as storage sheds, decks, garages, awnings(other than those that area a part of the vehicle itself,)walkways, or landscaping shall be installed. 5. Access and Circulation: The following regulations govern the access and circulation within RV parks a. All RV parks shall be provided with safe and convenient vehicular access from an improved public street. It shall be the responsibility of the applicant to provide the necessary access in all cases where there is no existing improved street or road connecting the RV park site with an improved existing public street or highway. Any street improvement existing beyond the boundary of the RV park shall be improved in accordance with the standards of any applicable city plans. All entrances and exits on state highways shall be approved by the Arkansas Highway and Transportation Department. All entrances and exists on all other roads shall be approved by the planning commission. All parks with more than 30 sites shall have two or more entrances/exits. All parks with more than 100 sites shall have three or more entrances/exits. • 194 • b. Each traffic and/or parking lane shall be a minimum of 25 feet wide. If on-street parking is allowed, an additional 10 feet shall be provided and constructed to the standards set forth in this section. C. Curves and turning radii shall be constructed to safely handle vehicles eight and one-half feet wide and up to 40 feet long or as otherwise required by the Fire Marshall to handle the city's firefighting equipment. d. There shall be at least three off-street parking spaces designated in the RV park for each two RV sites. e. All vehicle circulation or parking areas shall be paved with a minimum of two inches of asphalt on seven and one-half inches of compacted SB-2 gravel. 6. Utilities: The following regulations govern the location of utilities within RV parks. a. Water Supply. Water supply shall comply with State and County health regulations. Fire protection standards shall be established by the Ozark Fire Marshall in order to ensure the safety of park patrons. • b. Sewage Disposal Requirements. Each RV park shall be connected to the city's sewage disposal system. Each RV site shall have access to its individual sewage disposal stub-up. The disposal system shall also be in compliance with State and County health regulations as they apply. C. Dump Station. Each camper vehicle park shall be provided with an approved dump station in the ratio of one for every 100 camper vehicle spaces or fractional part thereof. G. Wireless Communication Facilities Pu ose: This article is for the purpose of prescribing regulations governing conditions for the construction,placement, and operation of Wireless Communication Facilities within the city of Ozark, Arkansas. General: The following regulations apply to all Wireless Communication Facilities. Special use permit required: A special use permit is required for Wireless Communication applied so as to effectively prevent or eliminate Wireless Communication Facility construction,placement, and operation within the city • limits of Ozark, the planning commission may refuse to grant any permit if it is 195 • not in the best interest of the city of Ozark as determined by the planning commission or city council. Application: Applications for Wireless Communication Facilities shall be obtained according to the following regulations. Special permit application: The application for a special permit shall be made to the office of the Mayor by the owner or agent of the proposed Wireless Communication Facility. The planning commission shall review the permit request and render a decision subject to city council ratification within 30 days of application. The application shall include four(4)copies of the required site plan. The fee for processing a special permit application is Five Hundred Dollars ($500.00). The required survey and site plan shall be submitted on paper no larger than twenty-four(24) inches by thirty-six(36) inches and no smaller than twelve(12) inches by twenty-four(24) inches. The site plan shall be drawn to scale of no less than one(1)inch equals twenty(20) feet unless the planning commission approves a different scale. The survey and site plan shall, at a minimum contain the following information. 1. The land to be included in the proposed land use along with a written legal description of the land. • 2. The location and dimensions of all public right-of-way on or abutting the planned area. 3. Location of all points of vehicular entrance and exit to the site and the location and dimensions of all existing casements and public improvements within the site. 4. The location of permanent or temporary structures or proposed structures to be located on the site. 5. Location of all security fencing around the site. Required information: The complete application, including all supportive information,must be received by the Mayor at least thirty(30)working days before the date that work is to commence. The special permit application shall contain the following information: 1. The survey and site plan of the property prepared by a certified land surveyor registered civil engineer. 2. The street addresses or addresses of the entire property. 3. The present zoning classification of the property, using such words as "residential,""industrial,"and"commercial"along with the numeral and letters in lieu of letters such as: R-1, I-1. 4. Description of the proposed special use, including the description of any construction of temporary structures to be erected on the property. This description shall include a scaled site plan containing a scaled elevation 196 view and other supporting drawings, calculations and other documentation showing the location and dimensions of the Wireless Communication Facility and all improvements associated therewith, including information concerning specifications, antenna locations, equipment facility and shelters, landscaping and screening, topography, adjacent uses and existing vegetation. Applicants proposing to collocate on an existing Wireless Communication Facility shall include a Radio Frequency Intermodulation Study with their application. 5. A copy of the appropriate FCC license or license application. 6. The projected route of truck traffic to and from the operation site including the projected number of trips. The number of trips and route may be regulated by the planning commission. 7. The name of the subcontractor responsible for site preparation(a separate special use permit is required). 8. A drawing or other rendering depicting the Wireless Communication Facility. Said drawing should indicate any artificial illumination or signage, logo, decal, symbol or any other message of a commercial or noncommercial nature. 9. A drawing and description of the height of the Wireless Communication Facility as well as its width at the base and a detailed description of the length and type of guide wires or other item used to stabilize the Wireless Communication Facility. 10. A description and drawing of opaque security fence not less than six(6) • feet in height. 11. The pertinent and relevant Federal Aviation Regulations and proof that the Wireless Communication Facility complies. 12. A statement agreeing to allow collocation of other Wireless Communications Facility users. The statement shall include the applicant's policy regarding collocation of other providers and the methodology to be used by the applicant in determining reasonable rates to be charged other providers. The Co-Location Agreement shall be considered a condition of issuance of a special use permit. 13. In addition to the above information, the applicant shall submit supportive information that shall be deemed necessary to the planning commission. If additional information is requested, an additional seven(7)working days shall be required for the processing of the application in compliance with the FAA Regulations and must also meet the following conditions: Limitations: The planning commission may impose reasonable conditions and restrictions upon the application under consideration with the intent of minimizing the impact of the special use permit operations upon nearby property or public property. The limitations placed upon a special permit may include but are not limited to: 1. limitations on height 2. limitations on width at base • 197 • 3. landscaping and screening 4. collocation with other wireless communication providers 5. use of pre-existing structures 6. method of controlling traffic(flagman or traffic control device may be required at contractor's expense) 7. weight limits to be determined by the Mayor or his/her designated agent 8. the number of hours that site preparation work can be conducted on the premises may be regulated by the planning commission to minimize harmful effects on nearby property owners. Regulations: The applicant must be in compliance with the FAA Regulations and must also meet the following conditions: Collocation: All Wireless Communication Facilities shall be engineered, designed and constructed to be capable of sharing the facility with other providers,to collocate with other existing Wireless Communication Facilities and to accommodate the future collocation of other Wireless Communication Facilities. Applicants proposing a new Wireless Communication Facility shall demonstrate that it has made a reasonable good faith attempt to find a collocation site. Competitive conflict and financial burden are not deemed to be adequate reasons against collocation. Antenna array All Wireless Communication Facilities with support structure up • to a height of one hundred fifty(150) feet shall be engineered and constructed to accommodate at least the three(3) antenna array. All Wireless Communication Facilities with support structure that exceed one hundred fifty(15 0) feet in height shall be engineered and constructed to accommodate at least four(4) antenna array. Addition requirements: All reasonable conditions required for a special use must be met before any operations may begin. The owner or applicant filing for a special use permit shall sign a binding agreement with the city of Ozark that all damages to public property related to this operation, for which the owner or applicant is legally responsible, shall be repaired at the expense of the applicant. The Mayor shall determine the condition of public facilities(including photos and documentation)prior to the initiation of the operation. A bond, for a reasonable amount, shall be required for the amount determined by the planning commission. Immediately after completion of the Wireless Communication Facility, repairs will commence on the damage that has been done to the public property. Failure of the applicant to correctly repair all damaged public facilities, for which it has been determined responsible,may result in the revocation of all existing or future permits for said company and the City Attorney is authorized to take what means are necessary to insure that the public facilities are repaired. Removal of abandoned Wireless Communication Facilities: Any Wireless Communication Facility that is not operated for a continuous period of twelve • (12)months shall be considered abandoned, and the Wireless Communication 198 • Facility owner shall remove the Wireless Communication Facility within ninety (90)days after notice from the city to remove the Wireless Communication Facility. If the abandoned Wireless Communication Facility is not removed within ninety(90)days, the city may remove it and recover its costs from the Wireless Communication Facility owner. If there are two or more users of a single Wireless Communication Facility, this provision shall not become effective until all providers cease to use the Wireless Communication Facility. If the owner of an abandoned Wireless Communication Facility cannot be located or is no longer in business,the requirements of this section shall be the responsibility of the landowner on whose property the Wireless Communication Facility is located. Non-conforming Wireless Communication Facilities: Wireless Communication Facilities constructed and in existence on the date of the adoption of this article which do not comply with the requirements of this article(non-conforming wireless communications facility) are subject to the following conditions: Expansion: Non-conforming Wireless Communication Facilities may continue in use for the purpose now used,but may not be expanded without complying with this article except as further provided in this section. Additions: Non-conforming Wireless Communication Facilities may add additional antennas(belonging to the same provider or other providers) subject to a separate special permit application. • Repairs or reconstruction: No-conforming Wireless Communications Facilities, which become damaged due to any reason or cause, may be repaired and restored to its former use, location, and physical dimensions subject to the provisions of this article. Provided,however, that if the damage of the Wireless Communication Facility exceeds fifty percent(50%) of the replacement cost, said Wireless Communication Facility may only be reconstructed or repaired in compliance with this code. Unused facility: Any Wireless Communications Facility not in use for six(6) months shall be deemed abandoned. All rights as a non-conforming use shall cease at this point. Revocation of special use permit: Any special permit issued pursuant to this article may be revoked after a hearing as provided hereinafter. If the Mayor and the City Council find that any permit holder has violated any provision of this article, or has failed to make good faith reasonable efforts to provide or seek collocation,the Mayor and City Council may revoke the special use permit upon such terms and conditions, if any,that the Mayor and the City Council may determine. Prior to initiation of revocation proceedings,the city shall notify the permit holder, in writing, of the specific areas of non-compliance and specify the date by which such deficiencies must be corrected. The time for correction of deficiencies shall not exceed sixty(60)days. The permit holder shall provide the 199 city with evidence that the required corrective action has been taken. Should the permit holder fail to correct any deficiencies in the time required,the Mayor and the City Council shall convene a public hearing to consider revocation of the special use permit. The hearing shall be conducted pursuant to notice by publication in a newspaper with general circulation in the city not less than ten (10) days prior to the hearing and by written notice to the special permit holder. Other interested person may comment. The Mayor and City Council may impose reasonable restrictions with respect to time and procedure. Penalty: The fine or penalty for violating any provision of this article shall,upon conviction in the District Court, not exceed One Thousand Dollars($1,000.00) for any one specified offense or violation; further, that if a thing prohibited or rendered unlawful is, in its nature,continuous in respect to time, the fine or penalty for allowing the continuance thereof in violation of this article shall not exceed One Thousand Dollars($1,000.00) for each day that it may be unlawfully continued. Starting time: The Wireless Communication Tower construction must begin within six(6)months of the authorization unless a special time limit(less than six (6)months has been imposed by the Mayor or his/her designated agent. (Ord. No. 2008-19, Sec. 3.) G. Temporary Use Travel Trailers and RVs • I. No travel trailer/camper shall be used as a dwelling/residence,with the exception of following a natural disaster, fire or other destructive occurrence that requires the rebuilding or repair of the owner's residence. 2. In the event of a natural disaster, fire or other destructive occurrence destroying or damaging a residence beyond livability, a travel trailer/camper may be moved onto the property for a dwelling while the residence is being rebuilt or repaired. The travel trailer/camper shall be used as a dwelling for a period of time not exceeding nine(9)months. 3. If at the end of three(3)months, no building or repair of the residence has started, the travel trailer/camper must be vacated as a dwelling. 4. The Mayor may grant a seasonal residence special event permit for no longer than fourteen(14)days for a travel trailer/camper. Examples such as: carnivals, fairs, or July 4`"activities. 5. No travel trailer/camper shall be parked or occupied in the Commercial-1 District for any period of time longer than necessary for the transaction of business. 6. No part of a tractor and/or trailer unit, bus, truck bed(closed or open), motor vehicle,travel trailer/camper, any of the preceding, with or without • 200 • the chassis, shall be used for a storage building,refuse container or a business or dwelling, or converted to aforesaid uses. (Ord.No. 2009-10, Sec. 2.) H. Portable and Accessory Buildings All placement of temporary,portable and other storage buildings within the city of Ozark must meet the following requirements: 1. Must meet all setback requirements of the zoning district in which it is located. 2. Portable and temporary buildings are defined as any structure designed to be moved from one location to another and does not exceed 160 square feet of floor space. 3. All other storage buildings are to be considered permanent structures and are subject to the Building Codes of the city of Ozark. 4. No motor vehicles or parts thereof,truck beds, trailers, chassis,boxcars, or units thereof shall be used as a storage building or storage unit for any purpose. Special use permits shall be granted at six(6)month intervals for any such unit necessary to be on site during the construction period authorized by the required buildings permits. (Ord.No. 2009-12, Sec. 2.) • I. Residential Buffering 1. All interior sides and/or the rear of a lot zoned C-2, C-3 or 1-1 which abuts a residential use zoning district shall be enclosed with an opaque, ornamental fence, a wall, or dense evergreen hedge having a height of not less than five(5) feet nor more than seven(7) feet at the time of planting, except as controlled by visibility requirements of Article V, Section E. Such fence, wall or hedge shall be maintained in good condition and shall be kept pruned. 2. Further buffer protection as appropriate for these zones shall be provided by increased setback requirements at the issuance of building permits as deemed necessary and as required by the Planning and Zoning Commission. 3. The buffer protection requirement may be waived by the Building Inspector if the adjoining residential property owner(s)object to the placement of said buffer. The adjoining owner(s) shall submit a letter to the building Inspector, signed by all owners of said property, stating such objection. (Ord.No. 2009-11, Sec. 2.) J. Vacation of public easement Whenever a street, alley or other public easement or right-of-way is vacated,the zoning district classification of the property to which the vacated portions of land accrue shall become the zoning district classification of the vacated. (Ord.No. 2009-11, Sec. 2.) 201 f ' K. Child Care Facilities 1. Permit Requirement No child care facility of any type shall be located within the city unless a permit has been issued by the Building Inspector. a. Applications: Application for a child care facility permit shall be made on forms provided by City Hall. Requirements shall include but are not limited to location by street address, names and addresses of applicant(s), names and addresses of property owner(s), written approval of the property owners,number of children to be cared for on the premises, and proof of State Health Department licensing, if applicable. b. Application Approval and Permit Issuance: The Building Inspector or assigned designee will be charged with review of all child care facility permit applications based upon the provisions of this code and other applicable regulations. The Building Inspector shall have 20 business days from receipt of the completed application to approve or deny the permit application. An application shall not be considered complete unless all application requirements are completed. A written explanation of denial shall be provided for decried permit applications upon request of the applicant. All decisions rendered by the Building Inspector concerning permit applications can be appealed to the Board of Zoning Adjustment by the applicant. C. Fees: Fees shall be submitted to the City Clerk,upon approval of the application, in the amount of twenty-five($25.00)dollars. If a penalty has been assessed for non-compliance,both the penalty and the normal permit fee must be paid before a permit shall be issued. 2. Child Care Intensive Home Facilities: The following applies to Child Care Family Homes in residential zones. a. The centers shall be located in a single-family dwelling which is the permanent residence of the operator and shall be operated in a manner that will not change the character of the residence. b. The dwelling shall be located on a lot having not less than 6,000 square feet of area. All portions of said lot used for outdoor play space shall be located behind the front building setback line and shall be fenced with an opaque fence not less than 6 feet in height. C. The dwelling shall meet all City, County, and State Health Department requirements as to safety, design, facilities, equipment, i 202 and other features, and the center shall be operated in a manner that will not adversely affect other properties and uses in the area. d. An off street parking space shall be provided for each employee of the center. e. An off street parking space shall be provided for use as a drop off point for discharging children at the center. f. City Fire Chief or Marshall Inspection and approval required. 14.04.06 Special Permit Uses A. Nature and Description Certain uses may or may not be appropriately located within various districts throughout the City of Ozark due to their unusual or unique characteristics of operation and external effects. Given their unusual character, special consideration must be given each application so as to provide for such reasonable conditions and protective restrictions as are deemed necessary to protect the character and integrity of the area in which uses are proposed to be located. The uses listed under the various districts herein as "special permit uses" are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses makes it desirable that they be permitted to locate therein. B. Uses Permitted in Any District The following special uses may be authorized in any district in accordance with the procedure described herein: 1. Cemetery or mausoleum. 2. Hospital or sanatorium. 3. Landing field or strip for aircraft. 4. Radio tower or broadcasting station not covered by the Telecommunications Act of 1996. 5. Removal of gravel, topsoil or similar natural material. 6. Churches and other places of worship. 7. Funeral homes 8. Greenhouse or nursery,non-commercial only 9. Nursing home C. Procedure for Authorizing The following procedure is established to integrate properly the special permit uses with other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure: 1. An application shall be filed with the City Planning Commission for review. Said application shall show the location and intended use of the site and existing land uses within 200 feet and any other material or information pertinent to the request which the Planning Commission may require. 203 2. The City Planning Commission shall hold a public hearing thereon. At least fifteen days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Ozark. The Public Notice shall give the particular location of the property and the type of use for which the permit is requested. Additionally,the Building Inspector shall post on the property in a conspicuous location a sign which shall notify the general public of the proposed use and the public hearing date, time and place. 3. In considering an application for a Special Use Permit,the Planning Commission shall give due regard to the nature and condition of all adjacent uses and structures. The Planning Commission may deny an application for a Special Use Permit, or, in granting such a permit, may impose such requirements and conditions with respect to location, construction,maintenance and operations as it may deem necessary for the protection of adjacent properties and the public interest. 5. A majority vote of the entire Planning Commission shall be required to provide approval of a Special Permit application. If an application is not approved, no application for a special permit use may be re-filed for a period of 12 months from the date of disapproval of the application. 6. A Special Use Permit shall run with the land; however, any expansion of the original development authorized by Special Use Permit that exceeds 100 square feet or an estimated construction cost of$10,000 shall require a new Special Use Permit. 7. The special permit for any use that has been discontinued for a period of greater than ninety(90)days shall be considered invalid and revoked. Future use of the property must comply with the provisions of the underlying zoning district until a new special permit is obtained. E. Fees Before any action shall be taken as provided in this section, the petitioner shall deposit with the City Clerk a fee of one hundred($100.00)dollars. This fee is non-refundable regardless of the outcome of the action. E. Revocation of Permit In the case where any of the specific terms and conditions of a special use permits are violated, ignored, or otherwise not observed the Building Inspector may revoke such permit. A 30-day written notice using certified mail shall be addressed to the applicant indicating the nature of the non- compliance and the applicant's right to file an appeal to the Board of Zoning Adjustment. If no appeal is filed within the 30-day period, and the non- compliance has not been corrected within 45 days of receipt of the written notice, the permit shall be revoked. Revocation shall be immediate and shall prevent use of the property in a general manner as specified within the original permit. The property shall revert to its use status prior to issuance of the special use permit. 204 14.04.07 Board of Zoning Adjustment A. Organization A Board of Zoning Adjustment(Board) is created which shall consist of the Planning Commission as a whole and the chairman of the Commission shall likewise be the Chairman of the Board. B. Meetings The Board shall establish regular meeting dates, adopt rules for the conduct of business, establish a quorum and procedure, and keep public record of all findings and decisions. Any meeting of the Board must be published in a newspaper of general circulation in the city, at least one time seven(1) days prior to the meeting date. C. Appeals to Board An appeal may be taken to the Board by any person, group, or organization of a decision made by the Building Inspector. Such appeal shall be taken within a sixty(60) day period from the date of the decision by filing with the Building Inspector and the Board a notice of appeal, specifying the grounds thereof. A fee of Twenty-Five Dollars($25.00) shall accompany all notices of appeals. All fees shall be refunded upon the decision being reversed, otherwise there shall be no refund. D. Powers of Board The Board shall be granted the following powers: • 1. To hear and decide appeals where it is alleged there is an error in any order,requirement, decisions or determination made by the Building Inspector in the enforcement of these regulations and may affirm or reverse, in whole or part, said decision of the Building Inspector. 2. To hear requests for variances from the literal provisions of the zoning regulations in instances where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the zoning ordinance. The Board shall not permit as a variance, any use in a zone that is not permitted under the regulations. The Board may impose conditions in granting of a variance to insure compliance and to protect adjacent property. 4. The Board may hear applications and take action as permitted on matters specifically referred to it under these regulations and the Ozark Subdivision Regulations. E. Appeal of Board decision Any appeal of a decision handed down by the Board shall be to a court of record, such as the Circuit Court of Franklin County, within thirty (30)days of said decision. (Ord. No. 2004-6,Art. VI) i 205 F. Notice of public hearing Whenever an appeal for a variance or a special use permit; or an application for a variance is made to the Board, the Board shall cause to have published at the expense of the appellant or applicant a notice of the time and place of the public hearing upon such appeal or application, which notice shall be published at once not less than fourteen(14)days preceding the date of the such hearing. Notice shall also be given by the posting of signs upon the property where such variance is requested, the signs must be openly visible from the public right-of-way, and no less than 18 by 24 inches in size. The Board shall also give reasonable notice to any person or organization which the Board deems feasible and practicable. (Ord.No. 2004-8, Sec. 1.) Where multiple frontage exists, whether it be another street or any public right-of- way, on a property that is being considered for rezoning, signs posted giving notice of such request must be placed on all frontage areas, and the Building Inspector shall check with the 911 addressing system to determine if any other physical address would apply to any portion of the property. (Ord.No. 2003-8, Sec. 1.) 14.04.08 Signs The purpose of this title is to provide minimum standards to safeguard life health,property, public welfare and community aesthetics,by regulating and controlling the location, design, and quality of maintenance of signs visible to the public. • A. Administration The requirements of this title shall be administered by the planning commission and/or its designated representative, the Ozark building inspector B. Rules of Construction For purposes of this title, the following rules of construction shall apply: 1. When determining setback, the leading edge of the sign nearest the curb or edge of street shall be the point from which the setback is determined. 2. When determining maximum signage area of a sign, the total area of one face of the sign shall be used, except for signs having more than one face. The total area of all sign faces shall be used for such signs. C. Permit Requirement No sign shall be erected, transferred, or structurally altered within the city unless a permit has been issued by the Building Inspector. A separate permit shall be required for each sign. 1. Applications: Application for a sign permit shall be made on forms provided by City Hall. Requirements shall include but are not limited to location by street address,names and addresses of owner(s) and sign contractors(s), scale drawing of the sign, exact location on lot, and lighting and construction design. 0 206 2. Application Approval and Permit Issuance: The Building Inspector or assigned designee will be charged with review of all sign permit applications based upon the provisions of this code and other applicable regulations. The Building Inspector shall have 10 business days from receipt of the application to approve or deny the sign permit application. If the Building Inspector fails to render a decision on a sign permit application that appears to meet the provisions of this code and other applicable regulations within 10 business days, the applicant shall be issued a permit for the sign immediately. A written explanation of denial shall be provided for denied permit applications upon request of the applicant. All decisions rendered by the Building Inspector concerning sign permit applications can be appealed to the Board of Zoning Adjustment by the applicant. 3. Sign erection deadline: Permit for any sign not erected within six(6) months of date of issuance shall be void. 4. Fees: Fees shall be submitted to the City Clerk, upon approval of the application, in the amount of twenty-five ($25.00) dollars. If a penalty has been assessed for non-compliance,both the penalty and the normal permit fee must be paid before a permit shall be issued. D. Penalty Any person, firm or corporation who fails to obtain a sign permit shall, upon conviction, be fined not more than one hundred dollars($100.00) for each offense. Each day that such violation continues shall constitute a separate offense. E. Permit Exemptions The following signs are exempted from the sign permit requirements but must comply with all other requirements of this title: 1. Memorial signs and building markers. 2. Election campaign signs. 3. Signs that are painted on or affixed to glass surfaces of windows or doors and that pertain to the lawful business of the persons located within the building. 4. Signs advertising the sale of real property. 5. Banners shall be exempt when used to announce a specific event,provided that they are not placed more than 30 days prior to the event and that they are removed within 72 hours following the event. F. Prohibited Signs The following signs are prohibited within the city limits: 1. Unsafe signs. 2. Traffic hazard signs. 3. Abandoned signs. 4. Signs within the public right-of-way. 5. Roof signs. 207 • 6. No signs may be painted on or attached to trees,rocks, or other natural formations, fence posts,utility poles, or building roofs. 7. Flashing illuminated signs. 8. Billboards 9. Signs on public property, except as authorized by the City of Ozark or other governmental institution. G. Exemptions The following are exempted from these sign regulations. 1. The message and content of signs. 2. Product dispensers 3. Scoreboards and other signs acknowledging sponsors on athletic fields 4. Flags of any nations, government, or non-commercial organization 5. Gravestones 6. Barber Poles 7. Religious symbols 8. Display of street address numbers 9. Any display or construction not defined as a sign 10. Signs in the nature of decorations which are seasonal, clearly incidental and customarily associated with any national, local, or religious observance 11. Utility Location/Identification Signs H. Placement and Construction Standards Unless otherwise provided in this code, the following regulations shall apply to all signs,billboards, and off premise signs in the city. 1. Prevention of Access: No sign shall be erected which prevents free ingress and egress from any driveway,parking lot, or structure door, window, or fire escape.No sign of any kind will be attached to any part of a fire escape or building standpipe. 2. Obstructions of Vision: On any corner lot no sign shall be erected in a manner to obstruct vision between a height of two (2) feet and eight(8) feet above the center line grades of the intersecting streets, in the area bounded by the street lines of such corner lot, and a line joining points along said street lines twenty(25) feet from the point of the intersection. Notwithstanding any regulation of this ordinance, no sign shall be placed in any position or in such a manner as to obstruct the vision of the motoring or pedestrian public, in the judgment of the Building Inspector. This requirement supersedes all other setback and coverage regulations. 3. Interference with Utilities: No sign shall interfere with the safe operation of all utilities by being placed within five(5) feet of a utility easement or designated utility safety zone. 4. Construction Standards: All signs and sign structures shall conform to the applicable building standards adopted by the City of Ozark. All electrified • sign installers and maintenance operators shall be required to submit proof of licensure pursuant to Arkansas State Law. 208 • I. Zoning Restrictions 1. All zoning districts a. Construction Signs: One sign per construction site denoting a new construction or development and featuring the name of the development or construction company shall be allowed. Such signs shall not exceed 40 square feet in size and 16 feet in height and must be placed outside of all public right-of-ways. Such signs shall be removed once construction of the site is complete. 2. Central Business District(C-1) a. Wall Signs. i. Area: A wall sign shall not exceed 30% of the total square footage of the wall on which the sign is placed. 1) The maximum size for a wall sign on a single occupancy structure shall be 100 square feet. The maximum total square footage for all signs on a single occupancy structure shall be 100 square feet per wall. 2) The maximum size for a wall sign on a multiple occupancy structure shall be 100 square feet. The maximum total square feet for all wall signs on a multiple occupancy structure shall be 100 square feet for each occupant or 30% of the total square footage of the exterior wall of the occupant's space, whichever is less. ii. Height: The maximum height for wall signs shall be 35 feet. b. Projecting Signs. i. Number: One projecting sign is allowed per business. ii. Area: The maximum size for a projecting sign is 20 square feet. The sign shall not project more than 6 feet from the building facade. iii. Height: The projecting sign must have clearance from the ground of at least 8 feet. c. Sandwich Board/"A"Frame Signs i. Number: One sandwich board sign is allowed per business. ii. Area: The maximum size for a sandwich board sign is 8 square feet, with a maximum width of 2 feet. iii. Placement: The sign shall be located on the sidewalk in front of the business and shall not be allowed to impede the safe and convenient flow of pedestrian traffic. • 209 • d. Temporary Signs. i. Number: One temporary sign is allowed per business with a 30 day permit renewable for a total of 60 days per year. ii. Area: Maximum area is 55 square feet. iii. He ight: The maximum height for temporary signs is 35 feet. e. Prohibited Signs. Free-standing signs are prohibited in the C-1 Central Business District. This requirement excludes"A" frame sandwich board signs which shall be allowed. 3. Commercial Zones(C-2) and Industrial Zones(I-1) a. Wall Signs. i. Area: A wall sign shall not exceed 30% of the total square footage of the wall on which the sign is placed. 1) The maximum size for a wall sign on a single occupancy structure shall be 100 square feet. The maximum total square footage for all signs on a single occupancy structure shall be 100 square feet per wall. 2) The maximum size for a wall sign on a multiple occupancy structure shall be 100 square feet. The maximum total • square feet for all wall signs on a multiple occupancy structure shall be 100 square feet for each occupant or 30% of the total square footage of the exterior wall of the occupant's space,whichever is less. ii. Height: The maximum height for wall signs shall be 35 feet. b. Projecting Signs. i. Number: One projecting sign is allowed per business. ii. Area: The maximum size for a projecting sign is 20 square feet. The sign shall not project more than 6 feet from the building fagade. iii. Height: The projecting sign must have clearance from the ground of at least 8 feet. c. Free-Standing Signs. i. Number: A maximum of one free-standing sign shall be allowed for each commercial or industrial building, excluding directional signs of less than four(4) square feet in size and less than four(4) in height. ii. Area: The maximum size for a free-standing sign for a single occupancy structure shall be 125 square feet. The maximum size for a multiple occupancy structure shall be 200 square feet. iii. Height: The maximum height for all free-standing signs shall be 35 • feet. 210 • iv. Setback: All free-standing sign shall be setback at least 15 feet from the curb/edge of street or 10 feet from the edge of the public right-of-way, whichever is greater. d. Temporary Signs. i. Number: One temporary sign is allowed per business with a 30 day permit renewable for a total of 60 days per year. ii. Area: Maximum area is 55 square feet. iii. Height: The maximum height for temporary signs is 35 feet. 4. Residential and Agricultural Zones (R-1, R-2,R-3, R-4, R-5,A-1) a. Wall Signs. i. Number: One wall sign is allowed per single-family dwelling. ii. Area: The maximum size for a wall sign shall not exceed 6 square feet iii. Height: The maximum height for wall signs shall be 10 feet. b. Area Identification Signs. i. Number: A maximum of two area identification signs are allowed per multi-family housing development or residential subdivision. ii. Area: The maximum size for an area identification sign shall be 40 square feet. iii. Height: The maximum height for an area identification sign shall be 10 feet. iv. Setback: All area identification signs shall be setback at least 15 feet from the curb/edge of street or 10 feet from the edge of the public right-of-way,whichever is greater. c. Prohibited Signs. No free-standing signs, except area identification signs; illuminated signs; portable signs; or temporary signs shall be permitted in the R-1, R-2, R-3, R-4, R-5, A-1 zones. d. Public Places of Assembly, Churches, and Governmental Facilities. Public places of assembly, churches, and governmental facilities shall be shall be allowed all signs permitted in C-2 Commercial Zones with a 50% reduction on maximum allowed heights and sign area. 5. Neighborhood Commercial and Quiet Business Zone(C-3). a. Wall Signs. i. Area: A wall sign shall not exceed 30% of the total square footage of the wall on which the sign is placed. The maximum size for each wall sign in an C-3 zone shall be 40 square feet. The total 211 aarea for all permitted wall signs at any one establishment shall not exceed 40 square feet. ii. Height: The maximum height for wall signs shall be 20 feet. b. Projecting Signs. i. Number: One projecting sign is allowed per business. ii. Area: The maximum size for a projecting sign is 20 square feet. The sign shall not project more than 6 feet from the building fagade. iii. Hem: The projecting sign must have clearance from the ground of at least 8 feet. c. Free-Standing Signs. i. Number: A maximum of one free-standing sign is permitted at any establishment in an C-3 zone. ii. Area: The maximum size for a free-standing sign in an C-3 zone shall be 40 square feet. iii. Height: The maximum height for all free-standing signs shall be 20 feet. iv. Setback: All free-standing sign shall be setback at least 15 feet from the curb/edge of street or 10 feet from the edge of the public right-of-way, whichever is greater. d. Temporary Signs. i. Number: One temporary sign is allowed per business with a 30 day permit renewable for a total of 60 days per year. ii. Area: Maximum area is 55 square feet. iii. Heel ht: The maximum height for temporary signs is 20 feet. e. Prohibited Signs. Portable signs are prohibited in C-3 zones. J. Non-Conforming Signs. All non-conforming signs in existence at the date of this ordinance shall be considered valid, except, any sign which is determined to be a safety hazard. No non-conforming signs now in existence may be replaced with a non-conforming sign. K. Enforcement It shall be the responsibility of the Building Inspector and/or the Code Enforcement Officer to apply these regulations to all signs in the city of Ozark. 14.04.09 Amendments A. Amendments by the Council 1. The City Council may direct the Commission to amend the text of these regulations or the Commission may initiate an amendment. 212 • 2. Amendments to the text proposed by the Commission shall be advertised in a paper of general circulation at least fifteen(15) days prior to the meeting and public hearing on the proposal. After such hearing, the Commission shall make a report and recommendation to the City Council pertaining to the proposed amendments. The City Council action on the report shall be final. B. Amendments by individual property owners 1. A petition, a form referred to as the city of Ozark Re-Zoning Community Liaison form, and One Hundred Dollars($100.00) shall be presented to the Ozark City Clerk by the property owner or his legally designated representative. A petition shall contain the following information: a. The name of the owner of the property to be re-zoned. b. The legal description of the property. C. The street address of the property d. The present zoning classification e. The basic reasons for such action f. The proposed action g. A statement as to the proposed use. h. A statement to show a sign has been posted on the property. 2. The City Clerk,upon receipt of One Hundred Dollars($100.00), shall issue the petitioner a sign to be posted on the subject property for not less than fourteen(14) days prior to date of hearing. The sign shall be 18"x 24" and be placed on the property so as to be clearly visible from the street or any public right-of-way. Where multiple frontage exists,whether it be on another street or any public right-of-way, on a property that is being considered for re-zoning, signs posted giving notice of such request shall be placed on all frontage areas, and the Building Inspector shall check with the 911 addressing system to determine if any other physical address would apply to any portion of the property. 3. The City Clerk shall forward the petition and completed form to the chairman of the Commission who shall then cause notice to be given to the public of the pending hearing. Notice shall be provided in a paper of general circulation no less than fifteen(15)days prior to date of hearing. 4. The Commission shall: a. hold a public hearing on the matter b. approve or disapprove the matter and submit recommendation to the City Council 213 C. give any reasons for a disapproval in writing to the petitioner within fifteen(15)days of said action d. give City Council the matter to adopt by ordinance or return to Commission for further study 5. Any disapproval by the Commission may be appealed to the City Council; such appeal must be given in writing to the City Clerk within fifteen(15) days of the action. 6. No application for a change in zoning reclassification shall be reconsidered by the Commission for a period of twelve(12)months from the date of final action on the original request. (Ord.No. 2004-6,Art. VIII) 14.04.10 Enforcement A. Responsibility The Building Inspector, Code Enforcement Officer, or any Ozark city police officer shall be responsible for the administration and enforcement of these regulations. B. Permits No structure shall be erected, moved, added to, or externally altered without a building permit. No permit shall be issued except in conformity with • the provisions of these regulations. C. Violations If the Building Inspector, Code Enforcement Officer, or a city police officer shall find that the provisions of these regulations are being violated he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. Failure to correct any violation or for any violation of these regulations, information shall be given to the City Attorney for prosecution based on the regulations herein. D. Penalties 1. Violations of any provision of the zoning ordinance shall be considered a misdemeanor. Each day's violation shall be considered a separate offense. 2. The City Council,upon recommendation of the Commission,may enjoin any individual or property owner who is in violation of a planning ordinance herein, to prevent and correct the violation. 3. Violations shall have a penalty to no greater a sum of Five Hundred Dollars($500.00) for any one offense or double that sum for each repetition of such offense. 4. If the violation continues the fine shall not exceed Two Hundred Fifty • Dollars($250.00) for each day the offense is unlawfully continued. (Ord.No. 2004-6, Art. IX) 214 CHAPTER 14.08 OZARK-FRANKLIN COUNTY AIRPORT HAZARD ZONING Sections: 14.08.01 Definitions 14.08.02 Airport zones 14.08.03 Airport zone height limitations 14.08.04 Use restrictions 14.08.05 Non-conforming uses 14.08.06 Permits 14.08.07 Board of Administration 14.08.08 Enforcement 14.08.09 Judicial review 14.08.10 Penalties 14.08.01 Definitions As used in this ordinance,unless the context otherwise requires: Airport The Ozark-Franklin County Airport. • Airport elevation The highest point of an airport's usable landing area measured in feet from mean sea level. Airport hazard Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or take-off at such airport or is otherwise hazardous to such landing or take-off of aircraft. Approach,transitional,horizontal and conical zones These zones apply to the area under the approach, transitional,horizontal, and conical surfaces defined in F.A.R., Part 77. Board of Administration A Board consisting of the members of the Ozark Planning Commission which were appointed by the City Council of Ozark, Arkansas, as provided in A.C.A. 14-363-204. Height For the purpose of determining the height limits in all zones set forth in this ordinance and shown on the zoning may, the datum shall be mean sea level elevation unless otherwise specified. Non-conforming use Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this ordinance or an amendment thereto. Non-precision instrument runway A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation 215 . equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document or military service's military airport planning document. Person An individual, firm,partnership, corporation, company, association,joint stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them. Primary surface A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway, but when the runway has no specially prepared hard surface,or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations(FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. Runway A defined area on an airport prepared for landing and takeoff of aircraft along its length. Structure One object constructed or installed by man, including,but without limitation, building, towers, smokestacks, earth formation, and overhead transmission lines. • Utility runway A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less. Tree any object of natural growth. Visual runway A runway intended solely for the operation of aircraft using visual approach procedures with not straight—in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, a military service's approved military airport layout plan, or by any planning document submitted to the FAA by competent authority. 1.4.08.02 Airport zones In order to carry out the provisions of this ordinance, there are hereby created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones, and conical zones as they apply to a particular airport. Such zones are shown on the Ozark-Franklin County Airport Hazard Zoning may consisting of one sheet prepared by D. Gen Daniel, Inc., Engineers-Consultants, Fort Smith, Arkansas and dated November 20 1974,which is attached to this ordinance and made a part hereof. An area located in more than one(1) of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: • 216 • A. Utility Runway Non-Precision Instrument Approach Zone The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface, its centerline being the continuation of the centerline of the runway. B. Transition Zones Theses zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at 900 angles to the extended runway centerline. C. Horizontal Zone The horizontal zone is hereby established by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. D. Conical Zone The conical zone is hereby established as the area that commences at the periphery of the horizontal zones and extends outward there from a horizontal distance of 4,000 feet. The conical zone does not include the precision instrument approach zones and the transitional zones. (Ord.No. 231, Sec. 3.) 14.08.03 Airport zone height limitations Except as a otherwise provided in this ordinance, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this ordinance to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows: A. Utilfty Runway Non-Precision Instrument Approach Zone Slopes upward twenty (20) feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline. B. Transitional Zones Slopes upward and outward seven(7) feet horizontally for each foot vertically beginning at the side of and at the same elevation as the primary surface and the approach zones, and extending to a height of 150 feet above the airport elevation which is 646 feet above mean sea level. In addition to the foregoing, there are established height limits sloping upward and outward seven(7) feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones, and extending to where they intersect the conical surface where the precision instrument runway approach zone projects beyond the conical zone. Height limits sloping upward and outward seven(7) feet horizontally for each foot vertically shall be maintained beginning at the side of and at the same elevation as precision instrument runway ap roach surface, and extending to a horizontal distance of 5,000 feet measured at 90 angles to the extended runway centerline. C. Horizontal Zones One hundred and fifty(150) feet above the airport elevation or a height of 796 feet above mean sea level. 217 D. Conical Zone Slopes upward and outward twenty(20) feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at one hundred and fifty(15 0) feet above the airport elevation and extending to a height of 350 feet above the airport elevation. E. Excepted Height Limitations Nothing in this ordinance shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height up to fifty(50) feet above the surface of the land. Where an area is covered by more than one (1)height limitation, the more restrictive limitation shall prevail. (Ord.No. 231, Sec. 4.) 14.08.04 Use restrictions Notwithstanding any other provisions of this ordinance, no use may be made of land or water within any zone established by this ordinance in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft,make it difficult for pilots to distinguish between airport lights and others result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing,takeoff, or maneuvering of aircraft intending to use the airport. (Ord. No. 231, Sec. 5.) 14.08.05 No-conforming uses- Retroactive regulation The owner of any structure or object of natural growth existing at the time of the adoption of this regulation which does not conform to these regulations shall be granted a permit authorizing continuance of such non- conforming use upon application is not made within ninety(90) days of the effective date of the regulation in question. The Ozark Planning Commission shall,by appropriate action, compel the owner of the non-conforming structure or object of natural growth, at his own expense,to lower or remove such object to the extent necessary to conform to the regulations. (Ord.No. 231, Sec. 6.) 14.08.06 Permits Before an existing non-conforming structure or object of natural growth for which a permit has been issued in accordance with 14.08.05 hereof may be altered or repaired,rebuilt, allowed to grow higher or replanted, a permit must be secured from the Board of Administration, authorizing such change or repair. No such permit shall be granted that will permit the structure or object of natural growth in question to be made higher or become a greater hazard to air navigation than its question to be made higher or become a greater hazard to air navigations than it was when the permit for its continuance was granted under 14.08.05 here, and where the structure or object of natural growth has been more than 50%torn down or destroyed,whether voluntarily, by an act of God or otherwise, or has become more than 50% deteriorated or decayed, no permit shall be granted that will permit said structure or object of natural growth to exceed the applicable height limit prescribed by the zoning regulations. Instead, in all such cases of 50% destruction, deterioration, or decay, whether application is made for a permit for repair or not, the Board shall, by appropriate action, compel the owner of the non-conforming structure or object of natural growth, at his own expense,to lower or remove such object to the extent necessary to conform to the said height limits. Except as indicated, all applications for permits for change or repair of non-conforming uses shall be granted. 218 • A. Variances Any person desiring to erect any structure or increase the height of any structure or permit growth of any object of natural growth, in excess of the highest limits prescribed under authority of this ordinance,must apply to the Board of Administration for a variance from the zoning regulations in question. Such variances shall be allowed upon a showing of practical difficulty or unnecessary hardship, together with a showing that the structure o object of natural growth in question will not constitute an undue hazard to aircraft operations at the airport. B. Hazard marking and nd lighting Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this ordinance and be reasonable in the circumstances,be so conditioned as to require the owner of the structure or object of natural growth in question to install and maintain obstruction marking or lighting as may be necessary. (Ord.No. 231, Sec. 7.) 14.08.07 Board of Administration The Ozark Planning Commission, under authority of the City Council of the city of Ozark,Arkansas, is hereby created as the Board of Administration and is delegated the power to promulgate, administer and enforce these regulations and is granted exclusive jurisdiction of all applications for permits and variances and other matters pertaining to the enforcement of this ordinance. The Board of Administration shall adopt rules for its governance and in harmony with the provisions of this ordinance. Meetings of the Board • of Administration shall be held at the call of the Chairman and at such other times as the Board of Administration shall determine. The Chairman, or in his absence the acting Chairman,may administer oaths and compel the attendance of witnesses. All hearings of the Board of Administration shall be published. The Board of Administration shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official action, all of which shall immediately be filed in the offices of the City Council of the city of Ozark, Arkansas. The concurring vote of a majority of the members of the Board shall be sufficient to grant or deny any relief coming within its jurisdiction of enforcing this ordinance. (Ord.No. 231, Sec. 8.) 14.08.08 Enforcement It shall be the duty of the Board of Administration to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Board of Administration upon a form furnished by the Board. Upon receipt of any application for a permit or variance, a public notice shall be published stating that a public hearing upon the application shall be held in twenty(20) days and any person having an interest in the proceeding shall have an opportunity to offer evidence for or in opposition to the application in question, and written findings of fact and conclusions of law shall be made by the Board,based upon the evidence offered at the public hearing. All applications shall be considered and granted or denied within ninety(90)days after public notice is published in the manner prescribed by law. (Ord.No. 231, Sec. 9.) 219 14.08.09 Judicial review Any person aggrieved by any regulation in this ordinance or by any order or filing upon an application for a permit or variance,may, within thirty (30) days thereof, appeal therefrom to the Circuit Court of the county within which the structure of object of natural growth in question is located, after such notice as the court shall direct to the parties interested, including a political subdivision served by the airport affected and the city promulgating the zoning regulations in question. A hearing may be had before such court at an early and convenient time fixed by it, and said court may,by its decree, annul, affirm, or alter the regulations, order or ruling complained of it finds that the applicable rules of law so require, provided that, in all cases, any findings of fact that may have been made by the Board authorized by substantial evidence, shall be accepted by the court as conclusive. Appeals from the Circuit Court to the Supreme Court of Arkansas shall be in accordance with the statute's governing such appeals now in full force and effect. (Ord.No. 231, Sec. 10.) 14.08.10 Penalties Each violation of this ordinance or of any regulation, order,or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine in any sum not less than Twenty-Five Dollars($25.00)nor more than One Thousand Dollars($1,000.00). Each day a violation continues is a separate offense. The city of Ozark,Arkansas, is entitled to the remedy of either affirmative or negative injunction to enforce this ordinance's regulations. (Ord. No. 231, Sec. 11.) • CHAPTER 14.12 FLOOD DAMAGE PREVENTION PROGRAM Sections: 14.12.01 Adopted by reference 14.12.02 Fine 14.12.01 Adopted by reference There is hereby adopted by reference a flood damage prevention code for the city of Ozark,Arkansas. Such flood damage prevention code is attached hereto and incorporated herein as if set forth word for word. A copy of the referenced code shall be filed in the office of the City Clerk and shall be available for inspection and copying by any person during normal office hours. The code shall include: Article 1. Statutory authorization, findings of fact,purpose and methods. Article 2. Definitions Article 3. General provisions Article 4. Administration Article 5. Provisions for flood hazard reduction (Ord.No. 97-8, Sec. 1.) • 220 • 14.12.02 Fine Any person or corporation who violates any measure adopted under this code maybe fined not more than One Hundred Dollars ($100.00) for each offense. Each day during which such violation exists is a separate offense. (Ord. No. 97-8, Sec. 2.) CHAPTER 14.16 MINING AND DRILLING OF OIL OR GAS WELLS Sections: 14.16.01 Definitions 14.16.02 Permit 14.16.03 Streets and alleys 14.16.04 Well and mine location 14.16.05 Application and filing fee 14.16.06 Issuance or refusal of permit 14.16.07 Termination of permit 14.16.08 Permittee's insurance and bond 14.16.09 Deeper drilling,boring or digging • 14.16.10 Pits for drilling operations 14.16.11 Premises to be kept clean and sanitary 14.16.12 Mufflers required 14.16.13 Fence 14.16.14 Noise and other nuisances 14.16.15 Penalty 14.16.01 Definitions For the purpose of this ordinance, the following words and terms wherever and whenever used or appearing in this ordinance shall have the scope and meaning hereinafter defined and set out in connection with each: Lease as that term is used herein shall mean any tract of land subject to an oil, gas and mineral lease or other oil and gas development contract, or any unit composed of several tracts and leases but operated as one lease, and any tract of land in which the minerals are owned by an operator or someone holding under it or him, but which, due to the free royalty ownership is developed and operated as a separate tract. Mine shall include and mean any excavation or bores, to any formation or depth for the purpose of producing and recovering any aggregate, composite, dirt,mineral, or part of the earth for marketing or sale thereof, and the word mine shall include the operation of a quarry. Permittee shall mean the person to whom is issued a permit for the drilling and operation of the well or a mine under this ordinance, and his or its administrators, executors, • heirs, successors and assigns. 221 i Person shall include both the singular and the plural, and shall mean and include any person, individual, firm,partnership, association, corporation, club, society, cooperative,trust, municipal corporation or political subdivision whatsoever. Technical or oil and gas industry words or phrases used herein and not specifically defined herein shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry and mining industry. Well shall include and mean any hole or holes,bore or bores,to any sand, formation, strata or depth for the purpose of producing and recovering any oil, gas liquid hydrocarbon, or any of them. (Ord. No. 95-7, Sec. 1.) 14.16.02 Permit It shall be unlawful and an offense for any person acting either for himself or acting as agent, employee, independent contractor,or servant of any other person, to commence to drill, mine or to operate, any well or mine within the city limits of the city or to work upon or assist in any way in the production or operation of any such well or mine,without a permit for the drilling,mining, and operation of such well or mine having first been issued by the authority of the City Council in accordance with the terms of this ordinance. (Ord.No. 95-7, Sec. 2.) 14.16.03 Streets and alleys No well or mine shall be drilled or dug and no permit shall • be issued for any well or mine to be drilled or dug at any location which is within any of the streets or alleys of the city, and no street or alley shall be blocked or encumbered or closed in any drilling, mining, or production operation except by special permit by order of the City Council, and then only temporarily. (Ord.No. 95-7, Sec. 3.) 14.16.04 Well and mine location No well or mine shall be drilled and no permit shall be issued for any well or mine to be drilled or dug at any location which is nearer than 200 feet of any residence or commercial building without the applicant having first secured the written permission of the owner or owners thereof. (Ord.No. 95-7, Sec. 4.) 14.16.05 Application and filing fee Every application for a permit to drill, dig, and operate a well or mine shall be in writing, signed by the applicant or by some person duly authorized to sign same on his behalf, and it shall be filed with the City Clerk and be accompanied with a filing fee of Five Hundred Dollars ($500.00) in cash. No application shall request a permit to drill, mine, or operate more than one well or mine. The said application shall include full information, including the following: A. The date of said application; B. Name of applicant; C. Address of applicant; D. Proposed site of the well or mine, including: 1. Name of the mineral owner and surface owner; 2. Name of the lease owner; . 3. Brief description of the land; 222 • E. Type of derrick to be used or the type of mine or mining operation to be conducted; F. The proposed depth of the well or pit, cave, tunnel or cavern. (Ord. No. 95-7, Sec. 5.) 14.16.06 Issuance or refusal of permit The City Council within forty-five(45)days after the filing of the application for a permit to drill,mine, or operate a well or mine shall determine whether or not said application complies in all respects with the provisions of this ordinance, and if it does,the City Council shall then fix the amount of the principal of the bond and insurance provided for in 14.16.08 herein, and after such determination shall issue a permit for the drilling, mining and operation of the well or mine applied for. Each permit issued under this ordinance shall: A. By reference have incorporated therein all the provisions of this ordinance within the same force and effect as if this ordinance were copied verbatim in said permit; B. Specify the well or mine location with particularity to lot number,block number, name of addition or subdivision, or other available correct legal description; C. Contain and specify that the term of such permit shall be for a period of one(1) year from the date of the permit and as long thereafter as the permittee is engaged • in drilling operations or mining operations with no cessations of such operations for more than ninety(90)days. D. Contain and specify such conditions as are by this ordinance authorized; E. Specify the total depth to which the well may be drilled, not exceeding the projected depth, or the depth to which the quarry, cave, tunnel, or shaft may be dug or bored, not exceeding the projected depth; and, F. Contain and specify that no actual operations shall be commenced until the permittee shall file and have approved an indemnity bond in the designated principal amount as to determined by the City Council and conditioned as specified in 14.16.08 hereof. Said permit, in duplicate originals, shall be signed by the Mayor of the city, and prior to delivery to the permittee shall be signed by the permittee (with one original to be retained by the city and one by the permittee); and when so signed shall constitute the permittee's drilling, mining or operating license and the contractual obligation of the permittee to comply with the terms of such permit, and such bond, and this ordinance. If the permit for the well or mine be refused, or if the applicant notifies the City Council in writing that he does not elect to accept the permit as tendered and wishes to withdraw his application, or if the bond of the applicant be not approved and the applicant notifies the City Council in writing that he wishes to withdraw • his application, then upon the happening of said events the cash deposit provided 223 • for to be filed with the application shall be returned to the applicant, except that there shall be retained therefrom by the city One Hundred Dollars ($100.00) as a processing fee. (Ord. No. 95-29, Sec. 6.) 14.16.07 Termination of permit When a permit shall be issued,the same shall terminate and become inoperative without any action on the part of the city unless within ninety(90)days from the date of issuance actual drilling of the well or digging of the mine shall have commenced. The cessation for alike period of the drilling or mining operations or the cessation of the production of oil or gas or other portions of the earth from the well or mine after production shall have commenced, shall operate to terminate and cancel the permit, and the well or mine shall be considered as abandoned for all purposes of this ordinance, and it shall be unlawful thereafter to continue operation or drilling of such well or digging of such mine without the issuance of another permit. (Ord.No. 95-7, Sec. 7.) 14.16.08 Permittee's insurance and bond In the event a permit be issued by the City Council under the terms of this ordinance for the drilling and operations of a well and the digging and operations of a mine,no actual operations shall be commenced until the permittee shall file with the City Clerk a bond and a certificate of insurance as follows: A. A bond in the principal sum of such number of dollars as has been so determined by the City Council,but not to be less than Five Hundred Thousand Dollars ($500,000.00), said bond to be executed by a reliable insurance company • authorized to do business in the state, as surety, and with applicant as principal, running to the city of the benefit of the city and all persons concerned, conditioned that the permittee will comply with the terms and conditions of this ordinance in the drilling and operation for the well or the mining and operation of the mine. Said bond shall become effective on or before the date same is filed with the City Clerk and remain in force and effect for at least a period of six(6) months subsequent to the expiration of the term of the permit issued, and in addition the bond will be conditioned that the permittee will promptly pay off fines,penalties and other assessments imposed upon permittee by reason of breach of any terms,provisions and conditions of this ordinance, and that the permittee will promptly restore the streets and sidewalks and other public property of the city, which may be disturbed or damaged in the operations, to their former condition; and that the permittee will promptly clear all premises of all litter, trash, waste, and other substances used, allowed, or occurring in the operations, and will, after abandonment, grade, level and restore said property to the same surface condition, as nearly as possible, as existed when operations for the drilling of the well or wells were first commenced or when operations for the mining or digging of such mines were first commenced; and that the permittee will indemnify and hold the city harmless from any and all liability growing out of or attributable to the granting of such permit. If at any time the City Council shall deem any permittee's bond to be insufficient for any reason, it may require the permittee to file a new bond. • 224 • If, after completion of a well,permittee has complied with all of the provisions of this ordinance such as removing derrick, clearing premises, etc., he may apply to the City Council to have said bond reduced to a sum of not less than Ten Thousand Dollars($10,000.00) for the remainder of the time said well produces without reworking. During reworking operations the amount of the bond shall be increased to the original amount. B. In addition to the bond required in paragraph(A) of this section,the permittee shall carry a policy or policies of standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property damage, naming the permittee and the city, in an insurance company authorized to do business within the state, said policy or policies in the aggregate shall provide for the following minimum coverages: 1. Bodily injuries Five Hundred Thousand Dollars ($500,000.00)one person; Million Dollars($1,000,000.00)one accident 2. Property damage Five Hundred Thousand Dollars($500,000.00) Permittee shall file with the City Clerk of the city certificates of said insurance as above stated, and shall obtain the written approval thereof by the Mayor of the city, who shall act thereon within ten(10) days from the date of such filing. Said • insurance policy or policies shall not be cancelled without written notice to the City Clerk at least ten(10) days prior to the effective date of such cancellation. In the event said insurance policy or policies are cancelled, the permit granted shall terminate, and permittee's rights to operate under said permit shall cease until permittee files additional insurance as provided herein. If, after completion of a well or mine,permittee has complied with all of the provisions of this ordinance, such as to removing derrick, clearing premises, etc. he may apply to the City Council to have said insurance policies reduced as follows: 1. Bodily injuries Two Hundred Thousand Dollars($200,000.00) one person; Four Hundred Thousand Dollars($400,000.00)one accident; 2. Property damage One Hundred Thousand Dollars($100,000.00) for the remainder of the time said well produces without reworking. During reworking operations the amount of the insurance policy or policies shall be increased to the original amount. For the operation, digging, or excavation of a mine, the insurance policy shall not be reduced and shall remain in full force and effect until abandonment of the mine and the proper grading, leveling, and restoring said property to the same surface condition as nearly as possible, as existed when operations were first commenced. • (Ord. No. 95-7, Sec. 8.) 225 • 14.16.09 Deeper drilling boring or digging Once any well or mine has either been completed as a producer or abandoned, it shall be unlawful and an offense for any person to drill such well to a deeper depth than that reached in the prior drilling operations or to dig, excavate or operate the mine without the permittee obtaining a supplemental permit after filing a supplemental application with the City Clerk specifying: A. The then condition of the well or mine and the casing within the well; B. The depth to which is proposed a well will be deepened or the width and the depth to which it is proposed that a mine will be expanded; C. The proposed casing program to be used in connection with proposed deepening operations for a well. D. An evidence of adequate current tests showing that the casing signs said well currently passed the same tests as are in this ordinance provided for in case of the drilling of the original well. In the event the City Council is satisfied that said well may be deepened or that a mine may be widened or deepened with the same degree of safety as existed in the original well or mine, a supplemental permit may be issued without additional • filing fee to the permittee authorizing the deepening and expanding of the operation of the well or mine as applied for. In any deeper drilling or expansion of a mine,the permittee shall comply with all other provisions contained in this ordinance and applicable to the drilling,mining, completion, and operation of a well or mine. (Ord.No. 95-7, Sec. 9.) 14.16.10 Pits for drilling operations Steel slush pits shall be used in connection with a drilling and reworking operations. Such pits and contents shall be removed from the premises and the drilling site within sixty(60) days after completion of the well. No earthen slush pits shall be used, and no air drilling shall be used. The drilling shall be with mud only. (Ord.No. 95-29, Sec. 2.) 14.16.11 Premises to be kept clean and sanitary The premises shall be kept in a clean and sanitary condition, free from rubbish of every character,to the satisfaction of the Health Officer, at all times drilling operations or reworking operations or mining operations are being conducted, and as long thereafter as oil, gas and/o other minerals are being produced therefrom. It shall be unlawful for any permittee, their agent or employee to permit within the corporate limits of the city, any mud,water,waste oil, slush or other waste matter from any slush pit, storage tank or oil and/or gas well located within the corporate limits of the city, or from any premises within the city, developed or being developed for oil and/or gas purposes, into the alleys, streets, lots, land or leases within the corporate limits of the city. (Ord.No. 95-7, Sec. 11.) • 226 • 14.16.12 Mufflers required Motive power for all operations after completion of drilling operations shall be electricity. Motive power for all mining operations shall be electricity or properly muffled gas, gasoline or diesel engines. (Ord.No. 95-7, Sec. 12.) 14.16.13 Fence The premises and drilling equipment shall be completely enclosed by a perimeter fence during drilling operations, and such perimeter fence must be at least fourteen (14) feet in height and constructed with wood framing and visquine or plastic of sufficient millage and durability to withstand wind and other elements. Any person who completes any well as a producer shall have the obligation to enclose said well, together with its surface facilities,by a substantial concrete block fence sufficiently high(no less than ten(10) feet in height) and properly built so as to ordinarily keep persons and animals out of the enclosure with all gates thereto to be kept locked when the permittee or his employees are not within the enclosure. It is provided,however, that in non-congested areas the City Council, in its discretion,may waive the requirement of any fence or may designate the type of fence to be erected. (Ord. No. 95-29, Sec. 3.) 14.16.14 Noise and other nuisances All oil operations, drilling, and production operations, and all mining operations shall be conducted in such a manner as to eliminate, as far as practicable, dust, noise, vibration or noxious odors, and shall be in accordance with the best accepted practices incident to exploration for, drilling for and production of oil, gas, other hydrocarbon substances and the mining of all minerals. Any drilling or mining operations conducted within 750 feet of any residence,hospital, nursing home, school or day care center shall not be operated or carried on except during the hours of 7:00 a.m. to 9:00 p.m. (Ord.No. • 95-29, Sec. 4.) 14.16.15 Penalty It shall be unlawful and an offense for any person to violate or neglect to comply with any provision hereof irrespective of whether or not eh verbiage of each section hereof contains the specific language that such violation or neglect is unlawful and is an offense. Any person who shall violate any of the provisions of this ordinance or any other provisions of a drilling and operating permit or a mining permit issued pursuant hereto, or in condition of the bond filed by the permittee pursuant to this ordinance, or who shall neglect to comply with the terms hereof, shall be deemed guilty of a misdemeanor and shall, on conviction thereof,be fined in any sum not less than Fifty Dollars($50.00)nor more than Five Hundred Dollars($500.00); and the violation of each separate provision of this ordinance and of said permit, and of said bond, shall be considered a separate offense, and each day's violation of each separate provision thereof shall be considered a separate offense. In addition to the foregoing penalties, it is further provided that the City Council at any regular or special session or meeting thereof, may, provided ten (10)days' notice has been given to the permittee that revocation is to be considered to be at such meeting,revoke or suspend any permit issued under this ordinance and under which drilling or mining operations are being conducted in the event to the permittee thereof has violated any provision of said permit, said bond, or this ordinance. In the event the permit is revoked, the permittee may make application to the City Council for a re-issuance of such permit, and the action of the City Council thereon shall be final. (Ord.No. 95-7, Sec. 15.) 227 S-3 CHAPTER 14.20 ANNEXING AND REZONING PROPERTY Sections: 14.20.01 Annexing 14.20.02 Rezoning 14.20.01 Annexing Ord.No. 1986-16 Part of Lot 61-1 &61-3 of Ozark Country Estates, Phase 2 Ord.No. 1995-1 Part of Lot 5 of Ozark County Estates,Phase 2 Ord.No.' 1996-2 Part of West 1/4 of NW 1/4 of Sec. 26,twp 10 N,Range 27 West Ord.No. 1998-18 Part of NW 1/4 of SE 1/4 of Sec. 33,Twp 10 N,Range 27 West Ord.No. 2000-9 Part of SE 1/4 of Sec. 24, Twp 10 N,Range 27 West Ord.No. 2005-12 See legal description Ord.No.2006-12 See legal description Ord.No. 2007-8 Part of NE 1/4 of SW 1/4 of Sec. 4,Twp 9 N,Range 27 West Ord.No.2009-4 Part of SE 1/4 of SW 1/4 of Sec. 33,Twp 10 N,Range 27 West Ord.No. 2011-1 Tract in Sec. 1 &2 in Twp 9 N,Range 27 West in Franklin County Ord. No. 2012-8 Part of SE 1/4 of Sec. 4, Twp 9 N,Range 27 West 14.20.02 Rezonin Ord.No. 1982-15 To R-3 Part of SE 1/4 of Sec. 25,Twp 10 N,Range 27 West Okd.No. 1983-3 To R-2 Part of NE 1/4 of Sec. 36, Twp 10 N,Range 27 West Ord.No. 1983-4 To C-2 Part of NW 1/4 of Sec. 26, Twp 10,N,Range 27 W Ord.No. 1984-1 From I-1 to C-2 Part of SE 1/4 of Sec. 26,Twp 10,N,Range 27 West Ord.No. 1984-3 To C-2 SE 1/4 of Block 7,Fleeman's Addition Ord.No. 1984-4 From C-2 to R-2 Lot 2 of River Heights Addition Ord.No. 1984-7 To C-2 Part of SW 1/4 of Sec. 34,Twp 10 N,Range 27 West Ord.No. 1985-4 To I-1 Secs 27 &28,Twp 10 N, Range 27 West Ord.No. 1985-1 To C-2 Part of Block 10 of Fleeman's Addition Ord.No. 1985-7 To C-2 Part of N %2 of Sec. 33,Twp 10 N,Range 27 West Ord.No. 1985-8 To R-2 Part of NW 1/4 of Sec. 35, Twp 10 N,Range 27 W Ord.No. 1985-9 To C-2 Part of SE 1/4 of Sec. 22,Twp 10 N,Range 27 West Ord.No. 1986-5 To C-2 Block 8,Fleeman's Addition Ord.No. 1986-7 To O-M Part of Lots 1,2 & 3 of Block 14 of Boles Addition Ord.No. 1986-11 To C-2 Part of SE 1/4 of Twp 10 N, Range 27 West Ord.No. 1986-10 To C-1 317 West Main Ord.No. 1988-2 To C-2 1209 North Third Street Ord. No. 1988-11 To C-2 Part of Block 35 Ord.No. 1988-12 To C2 Part of SW 1/4 of Sec. 25,Twp 10 N,Range 27 West Ord.No. 1988-13 To C-2 Part of NW 1/4 of Sec. 26, Twp 10 N,Range 27 W 214 . S-3 Ord. No. 2000-5 From R-1 to C-2 310 E. Commercial Street Ord.No. 2001-6 From R-1 to C-2 2200 North 18th Street Ord.No. 2001-12 From R-1 to C-2 208 South 17th Street Ord. No. 2002-10 From R-1 to C-2 1501 North 18th Street Ord.No. 2002-15 From R-1 to C-2 1312 North 3rd Street Ord.No. 2003-16 From R-1 to C-2 104 South 7th Street Ord. No. 2005-8 From R-1 to C-2 2400 North 18th Street Ord.No. 2005-11 From R-1 to C-2 913 North 18th Street Ord.No. 2007-5 From R-1 to C-2 500 North 29th Street Ord.No. 2007-6 From R-1 to C-2 South of Pleasant Homes subdivision Ord. No. 2009-4 From R-1 to A-1 SW t/4 of Se. 33, Twp 10 N, Range 27 West Ord.No. 2009-5 From R-1 to C-3 1113 North 3rd Street. Ord. No. 2009-6 From R-4 to C-2 1205 W. Commercial Street Ord.No. 2009-8 From R-1 to R-2 806 W. Main St. Ord.No. 2009-9 From C-3 to C-2 1113 North 3rd Street Ord. No. 2009-19 FromR-1 to R-2 212 Alston Street Ord. No. 2009-20 From R-1 to C-3 2713 W. Commercial Street Ord.No. 2011-13 From R-1 to C-2 1007 & 1009 College and Lot 18 of Fleeman Add. Ord. No. 2012-2 From R-1 to C-2 Lots 1, Block 19 in Walker Addition Ord.No. 2012-3 From C-2 to R-2 1901 Farm Credit Drive Ord.No. 2012-4 From R-1 to R-2 118 East College Ord. No. 2012-6 From R-1 to R-2 701 N 12th Street 216