§ 29-2. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building shall mean a subordinate building located on the same lot with the main building, or subordinate use of land, either of which is customarily incidental to the main building or the principal use of the land. Where a part of the wall of an accessory building is a part of the wall of the main building or where an accessory building is attached to the main building in a manner as by a roof, such accessory building shall be counted as part of the main building.

Accessory use shall mean a use customarily incidental, appropriate and subordinate to the principal use of land and buildings and located upon the same lot therewith.

Alley shall mean a minor permanent public serviceway which is used primarily for vehicular service across to the back or side of properties otherwise abutting on a street.

Apartment shall mean a room or suite of rooms within a building, provided with separate cooking facilities and intended as a single dwelling unit.

Apartment, efficiency shall mean an apartment with less than six hundred (600) square feet of gross floor area per dwelling unit.

Area shall mean the amount of land surface in a lot or parcel of land.

Automobile salvage yard shall mean any lot or place which is exposed to the weather upon which more than five (5) motor vehicles of any kind, incapable of being operated, are placed.

Bed and breakfast, expanded shall mean a limited bed and breakfast establishment that has obtained an approved UPOR to hold special occasion events. Said UPOR may limit the number and type of special occasion events that can be held and require certain other conditions, such as expanded parking facilities.

Bed and breakfast, limited shall mean a use that takes place within a building that, prior to such an establishment, was a single-family detached residence at least fifty (50) years old that is suitable for listing on the National Register of Historic Places or is located in an historic district, that consists of renting from one (1) to six (6) dwelling rooms on a daily basis to tourists, vacationers, and business travelers and where breakfast and sometimes other meals or snacks are provided and are available only to overnight guests. The maximum length of stay is ninety (90) days out of three hundred sixty-five (365). The homeowner or residential manager shall reside on site and employment shall not exceed two (2) full time employees, including family members, in addition to the owner or manager.

Boarding house shall mean a residential structure offering rooms for rent to tenants by contract on a weekly or monthly basis. One (1) or more daily meals shall be included in the rental contract. The operator of the boarding house must be the property owner and also make their primary residence within the boarding house. Rooms offered for rent shall be no less than one hundred (100) square feet in area, have at least one (1) window for emergency egress in conformance with the building code, and be accessed from a hallway or other common area and not through another private room. Each room may not house more than two (2) persons. A bathroom containing a sink, toilet, and shower and/or bathtub may be attached to a room or shared in common among the tenants, provided access to a shared bathroom is not through a private room. A kitchen with a refrigerator and stove for common use of the tenants shall be provided. A common room shall be provided for tenants to entertain themselves and guests. The property and all required facilities shall be maintained in good working order. No home occupation or commercial activity may be carried out at a boarding house and no meals shall be served to the general public.

Building shall mean any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels. When any portion thereof is completely separated from every other portion thereof by a division wall without openings, then each such portion shall be deemed to be a separate building.

Building, accessory shall mean a subordinate building located on the same lot with the principal building which is customarily incidental in area, extent, and purposes to the principal building. Examples of accessory buildings in residential zones, where permitted, include free standing garages and carports, personal storage buildings, and personal hobby shops. Examples of accessory buildings in commercial zones, where permitted, include storage buildings (not warehousing) and smoke houses. Where a part of the wall of an accessory building is a part of the wall of the principal building or where an accessory building is attached to the principal building in a manner as by a roof, such accessory building shall be counted as part of the principal building. All contractors, or property owners if they are not the contractor, are required to obtain both zoning and building permits for the construction or erection of accessory buildings on properties in the City of Pine Bluff. Semi-truck trailers, railroad cars, tents, yurts, canopies, portable storage containers, mobile homes, manufactured housing, portable offices, or recreation vehicles and campers, whether or not on a chassis, are not permitted as accessory buildings; except that railroad cars may be permitted as accessory buildings in commercial or industrial areas with an approved variance by the board of zoning adjustment.

Building, principal shall mean a building in which is conducted the principal use of the lot on which said building is situated. All contractors, or property owners if they are not the contractor, are required to obtain both zoning and building permits for the construction or erection of principal buildings on properties in the City of Pine Bluff. Tents, yurts, canopies, prefabricated storage buildings, portable storage containers, semi-truck trailers, railroad cars, and the like shall not be permitted as principal buildings for the purposes of this chapter.

Building height shall mean the vertical distance from the finished floor level (FFL), opposite the center of the front of a building to the highest point of the underside of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; and to the main level of the underside of the rafters between the eaves and the ridge of a gable, hip or gambrel roof.

Building line shall mean a line on a plat between which line and the street right-of-way no portion of the building may be erected, excluding landings, open balconies, and roof overhangs, subject, however, to the further requirements of the zoning ordinance.

Building supply company shall mean any establishment, or part of an establishment operated, maintained or conducted for the sale or offering of any of the following articles: hardware, tinware, aluminumware, enamelware, cutlery, tools, implements, apparatus, machinery, and other supplies each of which relate to building or home care. Lumber sold on the premises shall be compatible and subordinate to other items sold, and not the primary supply and distribution item of the business; and shall typically be sold in small lots rather than large quantities.

Cemetery shall mean a place for burial of humans, including crematory facilities as an accessory use.

Church shall mean a building, together with its accessory buildings, and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body, organized to sustain public worship. Churches also regularly include as a use permitted upon review, kindergarten and day care center facilities as well as other nonprofit associated uses.

Clinic shall mean a facility for diagnosis and treatment of medical, chiropractic, dental or psychological outpatients, provided that patients are not kept overnight, and which may be used by one (1) or a group of medical or dental practitioners.

Commercial indoor amusement facility shall mean establishments providing multiple amusement or entertainment devices or machines as other than incidental use of the premises. Such devices would include pinball machines, video games, and other games of skill or scoring, and would include pool and/or billiard tables, whether or not they are coin operated. Typical uses include game rooms, billiard and pool halls, and video arcades. Seven (7) amusement machines/devices or less shall be considered an incidental use of the premises unless said devices occupy fifty (50) percent or more of the gross floor area. This definition shall not include facilities that sell alcoholic beverages at retail for consumption on the premises or that allow alcoholic beverages to be brought on the premises by patrons. This use does not include adult oriented businesses set forth in article VII of this chapter.

Commercial indoor recreation facility shall mean establishments having primary uses such as bowling alleys, ice or roller skating facilities, gymnasiums, athletic clubs, swimming pools, or other such activities wholly enclosed within a building.

Convalescent home (rest home or nursing home) shall mean those health facilities where persons are housed and furnished with meals and continuing nursing services for a fee.

Day care, babysitting service shall mean a home where day care services are provided to a maximum of four (4) children, and are permitted in the R-1, R-2, R-3, R-4, A-R, and R-B districts when a no-fee zoning permit and fire inspection approval are obtained.

Day care center shall mean a commercial establishment where child care services are provided for more than ten (10) children in accordance with the regulations of all appropriate agencies, and are permitted within the City of Pine Bluff as follows:

(1)

A day care center cannot be the residence of the center owner, operator, or employees, excepting that an owner or operator of a day care center may reside on the top floor of a two-story residential structure when the day care center is located only on the first floor of the structure, when the structure is located in a zone permitting a day care center or is approved as a UPOR site in a zone that permits such, and when all other applicable regulations are met.

(2)

The center must be licensed by the Arkansas Department of Human Services.

(3)

The location must conform to the following standards:

i.

The building and site must conform to all applicable state and local regulations, including but not limited to the Inspection Department, Fire Department, Department of Human Services, and the State Health Department.

ii.

Hard surface parking (asphalt or concrete) must be provided at the rate of one (1) space per employee plus two (2) additional spaces provided for drop-off purposes. Vehicles parked or stopped on the parking area for any reason must be able to re-enter the street in a forward position.

(4)

A day care center meeting all applicable regulations is permitted in the B-1, B-2, B-3, and B-4 commercial zones. The lot must conform to the standards of the zone in which it is located.

(5)

A day care center is a use permitted on review (UPOR) in the A-R Agriculture-Residential zone, the R-MF Multi-Family zone, the R-B Residential-Business zone, the B-5 Central Business District, and all industrial zones. In determining the appropriateness of locating a day care center on a lot in these zones, the planning commission may rely on, among others, the adequacy of the street(s) serving the property, the location of residences and other structures or hazards near the site, and proposed site plan of the proposal.

Day care family home shall mean a day care facility keeping from five (5) to a maximum of ten (10) children excluding the care giver's own children and is a use permitted on review in R-1, R-2, R-3, R-4, R-MF, A-R, and R-B zones if established in accordance with this subsection.

In addition to any other conditions that may be placed upon a day care family home as a result of the UPOR process, a day care family home must conform to the following standards:

(1)

It must be the full-time residence of the caregiver.

(2)

Said residence must be a single-family home. Day care family homes are not permitted in duplex units or apartment units, and cannot be located in structures specifically excluded by the Arkansas Department of Human Services for use as day care registered homes or day care family homes.

(3)

The number of children, excluding the care giver's own children, that can be kept will be based on the rate of two hundred (200) square feet in gross heated and cooled area for each child being cared for not to exceed ten (10) children.

(4)

The lot on which a day care family Home is to be operated must be a minimum of sixty (60) feet in width.

(5)

A minimum of six hundred (600) square feet of hard surface parking (asphalt or concrete) with a minimum width of eighteen (18) feet continuous to the street must be provided.

(6)

The residence must conform to all applicable building and fire regulations and must be licensed by the Arkansas Department of Human Services.

(7)

A fenced play area conforming to the standard of seventy-five (75) square feet in area per child must be provided.

All day care facilities being conducted in family homes that do not have a valid city license and zoning permit as of the date of effectiveness of this ordinance shall meet the requirements listed above and obtain a city license within thirty (30) days of passage of this subsection, except that UPOR approval is not required.

All day care facilities conducted in family homes licensed by the City of Pine Bluff and by the Department of Human Services as of the date of effectiveness of this ordinance shall "not be required to" meet the requirements listed above.

All day care facilities being conducted in family homes as of the date of effectiveness of this ordinance that subsequently cease to operate cannot again operate without meeting all requirements of this subsection.

Development shall mean the act of changing the state of a tract of land after its function has been purposefully changed by man, including, but not limited to, structures on the land and alterations to the land.

Development plan shall mean a dimensioned presentation of the proposed development of a specified parcel of land which reflects thereon the location of buildings, easements, parking arrangements, public access, street pattern, and other similar features.

Diner shall mean a diner shall have the same definition as a restaurant except that the seating capacity is less than fifty (50) people.

District shall mean a part or parts of the incorporated area of the city for which the zoning ordinance establishes regulations governing the development and use of land therein.

Dormitory shall mean a building providing sleeping and living accommodations for a number of usually unrelated persons, usually associated with an educational institution.

Drive-in establishments shall mean a facility where services or products are delivered to persons in vehicles by means of a drive-in window and/or carhop.

Dwelling shall mean a building or portion thereof, used exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, but not including hotels, motels, lodginghouses, boardinghouses or tourist homes.

Dwelling, attached is one (1) dwelling which is joined to another dwelling at one (1) or more sides by a wall or walls.

Dwelling, detached is one (1) which is entirely surrounded by open space on the same lot.

Dwelling, duplex shall mean a building designed for or occupied exclusively by two (2) families.

Dwelling, multiple-family shall mean a building or portions thereof designed for or occupied exclusively by more than one (1) family.

Dwelling, single-family shall mean a building designed for or occupied exclusively by one (1) family.

Dwelling unit shall consist of one (1) or more rooms which are arranged, designed, or used as living quarters for one (1) family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included for each dwelling unit.

Educational institution shall mean a public, parochial or private institution that provides educational instruction to students. This definition does not include trade or business schools or colleges.

Emergency residential child welfare care facility. Any child welfare agency that provides twenty- four (24) hour custodial care for six (6) or more unrelated children on an emergency basis, not to exceed ninety (90) days. Such agency shall be licensed by the Child Welfare Agency Review Board of the Arkansas Department of Health and Human Services Division of Children and Family Services. All regular residential agencies qualify as emergency shelters. Clientele shall not include youthful offenders to be housed in the facility on release from or in lieu of more restrictive custodial confinement.

Event center or banquet hall shall mean a commercial or governmental facility such as a fraternal lodge, convention center, city park building/structure/picnic grounds or other city owned or operated site, country club facility, or hotel that has, in addition to other uses, meeting and gathering space designed specifically to provide a venue for holding special occasion events. New commercial event centers/banquet halls may not be established unless in conjunction with a use listed above. Commercial indoor amusement facilities, commercial indoor recreation facilities, restaurants, entertainment restaurants, diners, taverns, night clubs, and private clubs may operate an event center as accessory use; however, no alcoholic beverages may be brought to the premises for consumption by patrons in conjunction with the event center. Bed and breakfast facilities may hold special occasion events with an approved UPOR, where permitted, which may limit the number and type of special occasion events that can be held. Event centers approved as a UPOR or otherwise allowed under previous ordinances that were in operation as of the effective date of this ordinance shall be considered approved uses until such time as the facility ceases operation and remains closed for a period that exceeds one (1) year, is converted to a permitted use, or is damaged or partially destroyed and the expense of restoration exceeds fifty (50) percent of the replacement cost of the building or structure at the time such damage occurred. If a previously approved event center has been closed for over one (1) year, the property owner may apply for a UPOR to establish a new event center/banquet hall on the site, however, the planning commission is under no obligation to grant the UPOR request.

(a)

Homecoming exception:

(1)

Commercial locations may be used for UAPB Homecoming activities, during the week scheduled for UAPB's Homecoming, after receiving approval from the Pine Bluff Fire Department and Inspection and Zoning Department. Commercial buildings which are directly adjacent to property zoned residential shall be excluded from receiving a permit. Locations shall be limited to commercial property zoned B-2, B-3, B-4 and B-5.

(2)

Applications and a seventy-five dollar ($75.00) application fee (nonrefundable) must be submitted to the Pine Bluff Inspection and Zoning Department. Applicant must pass the building inspection by the Pine Bluff Fire Department and Inspection and Zoning Department before permit is issued by zoning official. Upon passing the inspection by the Pine Bluff Zoning and Inspection Department and Pine Bluff Fire Department, the applicant must purchase a temporary business license from the Pine Bluff Collector's office, at a cost of eighty dollars ($80.00).

(3)

Inspections shall be conducted on a first come, first serve basis. Applicants are encouraged to apply in a timely manner to allow sufficient time to schedule inspection and to correct any deficiencies.

Filling station shall mean any structure or premises used for dispensing or sale, at retail, of automotive vehicle fuels or lubricants, including lubrication of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting.

Finished floor level (FFL) shall mean the elevation of the finished floor above mean sea elevation of the first floor of a building.

Floodplain shall mean a geographic area susceptible to periodic inundation from overflow of natural waterways and determined as to extent by the U. S. Army Corps of Engineers.

Frontage shall mean that side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of the corner lot.

Functionally obsolete single-family structure shall mean a structure originally constructed as a single-family dwelling unit, located on the periphery of a residential district, immediately adjacent to an arterial or collector street and usually adjacent to or across a street from a more intensively zoned district, that can function in a more intensive manner without adversely affecting surrounding uses.

Garage, parking or storage shall mean any building, except one herein defined as a private garage, used exclusively for parking of self-propelled passenger vehicles, and with not more than two (2) pumps for the incidental sale of gasoline.

Garage, private shall mean a detached accessory building or portion of a main building, used for the storage of self-propelled passenger vehicles where the capacity does not exceed three (3) vehicles or not more than one (1) per family housed in the building to which such garage is accessory, whichever is the greater, and not more than one-third the total number of vehicles stored in such garage shall be commercial vehicles. Storage space for not more than three (3) vehicles may be rented for vehicles of other than occupants of the building to which such garage is accessory.

Garage, public or repair shall mean any premises, except those described as a private or parking garage, used for the storage or care of self-propelled passenger vehicles, or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale, provided that:

(1)

No outside storage of parts or equipment [shall be allowed] unless prior approval is given during site plan review. Screening must be provided.

(2)

At no time shall there be more than five (5) wrecked, inoperable, or partially dismantled vehicles on the premises.

(3)

Any vehicle which is wrecked, inoperable or partially dismantled must be screened from view by an opaque fence.

(4)

Outside storage of vehicles not meeting the qualifications of subsections (2) and (3) must not exceed thirty (30) days.

(5)

Vehicles left for repair must not be placed in the required setback along front and side property lines.

(6)

Garages falling within this classification on January 1, 1991 shall meet the requirements listed above within twelve (12) months of passage of this subsection (Ord. No. 5430).

Golf course shall mean an area or course for playing golf, consisting of at least nine (9) holes, except miniature golf, within which the playing area is not artificially illuminated.

Home occupation shall mean an occupation conducted in a dwelling unit, provided that:

(1)

No persons other than members of the family residing on the premises shall be engaged in such occupation.

(2)

The use of the dwelling unit of the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

(3)

There shall be no exterior display, no exterior sign (except one (1) sign not exceeding one (1) square foot in area, nonilluminated and mounted flat against the wall of the principal building), no exterior storage of materials and no other exterior indication of the home occupation nor variation from the residential character of the principal building.

(4)

No home occupation shall be conducted in an accessory building.

(5)

No commodity shall be sold on the premises that is not created on the premises, provided, however, this section shall not be construed to prohibit temporary storing of goods sold on a door-to-door basis.

(6)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

(7)

No equipment or process shall be used in such home occupation which creates undue or offensive noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence.

(8)

A petition bearing the signatures and approval of seventy-five (75) percent of the property owners within a one-hundred-foot radius of the subject property, excluding streets, must be filed with the zoning administrator prior to the issuance of a home occupation permit. Those parties not signing this petition must be notified of the proposed home occupation by certified mail. A copy of the letter with the certified postal receipt attached must be submitted with the petition.

(9)

After a home occupation permit is issued, any property owner within three hundred (300) feet of the property where the home occupation is being conducted may file a petition with the zoning official requesting an investigation of the home occupation. If the zoning official determines that the home occupation is being conducted contrary to the facts stated in the original application or contrary to any laws or regulations of the city or the state or their regulatory boards, or that there has been a substantial change in circumstances since the granting of the permit to the residential character of the neighborhood, he shall immediately revoke the home occupation permit. The investigation shall be completed and written notice of the decision of the zoning official shall be mailed to the petitioner and the home occupation operator within thirty (30) days of the date the petition is filed.

(10)

A physician, surgeon, dentist, lawyer, clergyman, or other professional person for consultation or emergency treatment infrequently may use his home. But a home occupation shall not include the general practice of his profession. A "home occupation" shall not be construed to include the teaching of music, dancing and other instructions for more than one (1) pupil at a time; clinics or hospitals; tearooms or restaurants; tourist homes; commercial stables, or convalescent or nursing homes, or other similar uses.

Hospital shall mean an institution where sick or injured persons are given medical care and in the course of same are housed overnight, fed and provided nursing and related services. This definition shall not include drug rehabilitation facilities, halfway houses, convalescent or nursing homes, institutions for mentally ill individuals or other similar facilities.

Hotel shall mean an establishment more than two (2) stories in height which is open to transient guests, in contradistinction to a boardinghouse, roominghouse, or lodginghouse, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture and bellboy service.

Industrial park shall mean a special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations, or government organizations.

Junkyard shall mean a parcel of land on which waste material or inoperative vehicles and other machinery is collected, stored, salvaged or sold.

Kennel shall mean the use of land or buildings for the purpose of selling, breeding, boarding, or training dogs or cats or both, or the keeping of four (4) or more dogs over four (4) months of age, or the keeping of more than five (5) dogs and cats. The word "selling" as herein used shall not be construed to include the sale of animals four (4) months of age or younger which are the natural increase of animals kept by persons not operating a kennel; nor shall selling be determined to include isolated sales of animals over four (4) months old by persons not operating a kennel as herein described.

Lot shall mean a platted parcel of land intended to be separately owned, developed, or otherwise used as a unit.

Lot area shall mean the total horizontal area within the boundaries of a lot exclusive of any area designated for street purposes.

Lot, corner shall mean a lot abutting two (2) or more streets at their intersection.

Lot depth shall mean the mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.

Lot, double frontage shall mean a lot having frontage on two (2) nonintersecting streets as distinguished from a corner lot.

Lot line, interior shall mean any lot line which is not also a street right-of-way line.

Lot line, front shall mean that boundary of a lot which is along an existing or dedicated public street, or where no public street exists, is along a public way. The owner of a corner lot may select either street lot lines as the front lot line.

Lot line, rear shall mean that boundary of a lot which is most distant from, and is, or is most nearly, parallel to, the front lot line.

Lot line, side shall mean any boundary of a lot which is not a front lot line or a rear lot line.

Lot width shall mean the distance parallel to the front of a building erected or to be erected, measured between side lot lines at the building lines.

Manufactured housing shall mean a detached single-family dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site as a permanent structure with transport features removed, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code. This Code means the standard for construction design and performance of a manufactured home as set forth in the Code of Federal Regulations, Title 24, Part 3280, 3282, 3283, and 42 USC 5401 et seq., as mandated in the United States of America and as administered by the United States Department of Housing and Urban Development.

Mini-warehouse shall mean a facility that allows storage of materials on a small scale for rent, lease, sale or other consideration. This facility is characterized by having one (1) or more main buildings which are divided into smaller, lockable units, which may or may not vary in size. These units are intended to be used only for the storage of personal property, and no other use is permitted in these structures. In the business districts, no storage of materials that are explosive, flammable, produce an odor or are otherwise obnoxious or hazardous are allowed. In industrial districts, materials that are explosive, flammable, or are otherwise hazardous must obtain approval from the city fire marshal before they may be stored.

Mobile or modular office shall mean a portable building for office use that is designed to be transported, after fabrication, on its own wheels or on a flatbed or other trailer, or have detachable wheels. A mobile or modular office may be allowed only on a nonresidential construction site during the term of construction activity for which a valid building permit has been issued and maintained and to be occupied by persons having construction or security responsibilities over such construction site. Manufactured housing, mobile homes, or modular homes shall not be considered as a mobile or modular office, except that manufactured housing may be used as a permanent office on manufactured housing sales lots.

Mobile home shall mean movable or portable structure built prior to June 15, 1976, the effective date for the Federal Mobile Home Construction and Safety Act of 1974, which is larger than three hundred twenty (320) square feet, and designed to be used as a year round residential dwelling unit. This shall not be construed to be a travel trailer or other form of recreational vehicle.

Mobile home park shall mean a tract of land of a minimum of six (6) acres, designed and developed for the placement of mobile home and manufactured home residential units thereon, and to be used for dwelling purposes only except as provided herein. A mobile home park shall meet the particular requirements for the zone in which the park is to be located and meet the requirements of a mobile home park subdivision as set forth in chapter 25 of the Code of Ordinances.

Modular home shall mean a residential dwelling unit constructed in accordance with the standards set forth in the City of Pine Bluff Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation with permanent water and sewer connections. The term modular home shall not include a manufactured or mobile home whether or not same be equipped with undercarriage.

Motel or tourist court shall mean an area containing one (1) or more buildings, two (2) stories or less in height, designed or intended to be used as temporary sleeping facilities of one (1) or more transient persons or families and intended primarily for automobile transients.

Nightclub shall mean any establishment that provides dancing involving a dance floor with two hundred (200) square feet of floor area or greater with music or live entertainment in conjunction with the sale of alcoholic beverages at retail for consumption on the premises. When permitted as a nightclub, the establishment shall not allow alcoholic beverages to be brought onto the prem ises by patrons. This use does not include adult oriented businesses set forth in article VII of this chapter.

Nonconforming building or structure shall mean any building or structure which does not comply with all of the regulations of this chapter or of any amendment hereto.

Nuisance shall mean any regular or intermittently occurring activity or use that creates noise, vibration, glare, fumes, odors or electrical interferences detectable to the normal senses beyond the property line except as specially defined in industrial zoning districts.

Nursery child care center shall mean any establishment which provides supplemental parental care and supervision, and/or educational instruction to two (2) or more children during the whole or any portion of the day on a regular basis for compensation.

Office, professional shall mean the office of a person engaged in any occupation, vocation or calling, not purely commercial, mechanical, or agricultural, in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded thereon. Examples of professional offices are those accommodating real estate personnel, engineers, architects, city planners, accountants, attorneys, appraisers, dentists and doctors of medicine.

Outdoor displays shall mean merchandise displayed by a business owner/manager in an effort to attract potential customers to patronize his/her business.

(1)

Merchandise displayed in the walking area adjacent to the main entrance of the store shall not impede pedestrian traffic along the walkway or ingress and egress from the business.

(2)

No required off-street parking spaces may be used for the display or sale of merchandise.

(3)

All merchandise, except for large items such as, but not limited to, all-terrain vehicles, lawn tractors, farm implements, and watercraft specifically designed for off-pavement use, must be displayed on paved impervious surfaces of asphalt or concrete.

(4)

There shall be no display of merchandise within the first twenty (20) feet of the required setback from any right-of-way or property line.

(5)

Outdoor merchandise display shall only be permitted during the business' hours of operation, with the exception of larger items impractical to relocate indoors.

(6)

Any business operating with a legal business license and certificate of occupancy permitting the outdoor display and sale of merchandise at the time this subsection is adopted shall be considered in compliance with this subsection; however, any additional outdoor display and sale of merchandise must be in compliance with this subsection.

(7)

Business owners/managers in violation of this subsection shall be fined in accordance with section 29-4 of the City of Pine Bluff Code of Ordinances.

Parking area shall mean any area, other than a street, whether open, covered, or enclosed, used for the parking or storage of automobiles, boats, trucks, trailers or other wheeled vehicles, whether free or for compensation, or for accommodation of vehicles for clients, customers, employees, members, visitors or for residents of structures of higher density than two-family.

Parking space, off-street shall mean a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three (3) or more automobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another. For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at three hundred (300) square feet, but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of the city.

Place for public assembly shall mean a meeting place at which the public or membership groups are assembled regularly or occasionally, including but not limited to schools, churches, theaters, auditoriums, funeral homes, stadiums, and similar places of assembly.

Planned unit development shall mean a tract of land which contains or will contain two (2) or more principal buildings developed under single ownership or control; the development of which requires special regulations. A planned unit development allows for flexibility not available under normal zoning district requirements.

Portable storage container shall mean a purpose-built, fully enclosed, box-like container that is designed for temporary storage of household goods and/or equipment. Such containers are uniquely designed for ease of loading to and from a transport vehicle. Portable storage containers shall not exceed a cumulative gross floor area of one hundred thirty (130) square feet for each dwelling unit nor shall any such container exceed eight and one-half (8½) feet in height. Semi-truck trailers, railroad cars, mobile homes, manufactured housing, portable offices, or recreation vehicles, whether or not on a chassis, are not considered as portable storage containers.

Portable storage containers require a zoning permit and are permitted on a single-family residential lot for a period not to exceed sixty (60) consecutive days within a six (6) month period, or on a multifamily residential lot for a period not to exceed seven (7) consecutive days within a six (6) month period. Portable storage containers shall not be located in any required front yard, on any street, sidewalk or trail, or in any location that blocks or interferes with any vehicular and/or pedestrian circulation, and shall be located in accordance with all applicable building and fire code regulations for the purpose of ensuring safe ingress and egress to dwellings, access to utility shut-off valves, and for fire protection. Such containers shall also be subject to the sight distance visibility triangle.

Prefab or prefabricated generally means that the components of the building are gathered at the time the structure is designed and put into "pieces" that can be easily assembled at a site rather than stick-built on a site like a traditionally constructed building.

Prefab or prefabricated dwelling shall mean an overall term to describe any type of home that is made from easy-to-assemble building parts that were manufactured off-site and assembled on-site. Manufactured, modular, mobile, panelized, or kit homes are types of prefab homes. The term "prefab home" is not to be used to signify a specific home type.

Principal uses shall mean the chief or main recognized use of a structure or of land.

Private club shall mean a restaurant, entertainment restaurant, tavern, nightclub or any combination thereof recognized by or licensed as a private club by the Arkansas Alcoholic Beverage Control Division and licensed as such for the retail sale, distribution or on premises consumption of alcoholic beverages. When permitted as a private club, the establishment shall not allow alcoholic beverages to be brought onto the premises by patrons. This use does not include adult oriented businesses set forth in article VII of this chapter.

Property lines shall mean the ownership lines bounding a lot.

Recreational vehicle (or RV) shall mean a self-contained travel trailer, camper, motor home, or other unit built on a single chassis, designed to be self-propelled or permanently towable by a light duty truck, and that is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use or emergency purposes. Recreational vehicles shall not be utilized as either permanent or temporary dwellings/dwelling units unless located in a designated recreational vehicle park, except as follows:

(1)

Recreational vehicles, when parked on a hard surface in the rear or side yard of a single-family home may be used for guest lodging for up to seven (7) days upon the issuance of a temporary occupancy permit. Such temporary occupancy permits may be issued up to four (4) times in a 12-month period;

(2)

An emergency services agency/department that has sleeping accommodations on-site and whose personnel routinely sleep on the premises, such as a fire department, may establish a recreational vehicle as temporary housing on the agency site when the existing premises are not inhabitable due to renovation or catastrophe; and

(3)

An emergency services agency/department may establish a recreational vehicle as temporary housing for emergency personnel on the agency site or on another governmental agency site such as the civic center, courthouse, or convention center (with permission) when, due to a national emergency or natural disaster, such temporary housing is necessary for and is used by emergency personnel only. In subsections (2) and (3), the agency/department must apply for a temporary occupancy permit which shall be valid for a period up to ninety (90) days and may be extended upon approval of the planning commission. Emergency personnel includes firefighters, law enforcement officers, first responders/ambulance services, U.S. military troops, Red Cross or FEMA management, and the like. Emergency personnel does not include disaster clean-up workers, construction workers, social service employees, food providers, or other personnel used in supporting roles.

Replacement cost means the total of estimated expenses required to bring the structure(s) or improvement(s) in question into a state of reconstruction or repair in full compliance with all property maintenance codes of the city. The good faith estimate of said expenses by the Inspection Department shall be presumed accurate, but the owner of the property may rebut the presumption by demonstrating via proper proofs the total of estimated expenses for reconstruction or repair if the owner intends to undertake such activity.

Residential child welfare care facility. Any child welfare agency that provides care, training, education, custody or supervision on a twenty-four (24) hour basis for six (6) or more unrelated minors. Such agency shall be licensed by the Child Welfare Agency Review Board of the Arkansas Department of Health and Human Services Division of Children and Family Services. Clientele shall not include youthful offenders to be housed in the facility on release from or in lieu of more restrictive custodial confinement.

Restaurant shall mean any public or private place:

(1)

Kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place where complete meals are served and where complete meals are actually and regularly served, without sleeping accommodations; and

(2)

Such a place being provided with adequate and sanitary kitchen and dining equipment and a seating capacity of at least fifty (50) people and having employed therein a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests or members; and

(3)

Where at least one (1) meal per day shall be served, and the place shall be open a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating.

When permitted as a restaurant, the establishment shall not allow alcoholic beverages to be brought onto the premises by patrons.

Restaurant, drive-in. Fast food drive-in restaurants are similar to fast-food restaurants in that food is served in cafeteria-line style, or over-the-counter style in disposable containers, and that food is delivered to persons in vehicles by means of a drive-in window and/or carhop. The speedy service tends to attract a large number of customers, thereby creating numerous vehicular conflict points and resulting in hazardous traffic conditions on the parking lot, and/or in areas where intermediate roads cannot provide adequate accessibility.

Restaurant, entertainment shall mean a restaurant (see definition) providing as a principal use the combination of commercial indoor amusements or other entertainment and on-premises dining that may include the selling of alcoholic beverages at retail for consumption on the premises where neither the recreation nor the on-premises dining is clearly accessory or incidental to the operation of the other. Recreation may include but is not limited to television and motion picture; sound and sight systems; mechanical-and/or electronic-operated games; animated mechanical devices and/or rides; and live entertainment. An example of an entertainment restaurant is a family oriented sit-down restaurant that provides various amusements for children or a supper club offering live theater or stage acts for entertainment to dinner guests. When permitted as an entertainment restaurant, the establishment shall not allow alcoholic beverages to be brought onto the premises by patrons. This use does not include adult oriented businesses set forth in article VII of this chapter.

Restaurant, fast food shall be distinguished from normal cafes and restaurants by the fact that food is served in cafeteria-line style or over-the-counter style in disposable containers. The speedy service tends to attract a large number of customers, thereby creating numerous vehicle conflict points. This chapter defines such uses with the intent of limiting their location to area with adequate road accessibility with minimum traffic conflicts.

Roominghouse shall mean a residential structure offering rooms for rent to tenants by contract on a weekly or monthly basis. The rental contract shall not provide any meals to tenants. The operator of the roominghouse must be the property owner and also make their primary residence within the boarding house. Rooms offered for rent shall be no less than one hundred (100) square feet in area, have at least one (1) window for emergency egress in conformance with the building code, and be accessed from a hallway or other common area and not through another private room. Each room may not house more than two (2) persons. A bathroom containing a sink, toilet, and shower and/or bathtub may be attached to a room or shared in common among the tenants, provided access to a shared bathroom is not through a private room. A kitchen with a refrigerator and stove for common use of the tenants shall be provided. A common room shall be provided for tenants to entertain themselves and guests. The property and all required facilities shall be maintained in good working order. No home occupation or commercial activity may be carried out at a roominghouse.

Service clubs and lodges. A membership organization established for specific purposes, having a charter of by-laws, and operating in other localities in addition to Pine Bluff. This definition does not include clubs whose chief activity is a service customarily carried on by a business.

Special occasion events shall mean events such as banquets, birthday parties, graduations and graduation parties, reunions, homecoming parties, anniversary parties, receptions, weddings, Super Bowl or other sports watching parties, or other similar activities hosted by an individual or group, to which food and drink may be catered or provided on-site by the event center or banquet hall where the event is being held.

Story shall mean that part of a building between any floor and the next floor above, and if there is no floor above, then the ceiling. A basement is a story if its ceiling is five (5) feet or more above the level from which the height of the building is measured, or if it is used for business purposes, or if it contains any dwelling units other than one (1) dwelling unit for the caretaker of the premises.

Story, half shall mean a space under a sloping roof which has a line of intersection with the rafter and wall face which is not more than three (3) feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half story containing independent apartments or living quarters shall be counted as a full story.

Street shall be a general term denoting a public or private thoroughfare which affords the principal means of access to abutting property. The term includes all facilities which normally occur within the right-of-way; it shall also include such other designations as highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, land, place, court, but shall not include an alley or a pedestrianway.

Street intersection shall mean any street which joins another street at an angle, whether or not it crosses the other.

Structural alterations shall mean any change in either the supporting members of a building, such as bearing walls, columns, beams, or girders, or in the roof and exterior walls.

Structure shall mean anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having permanent location on the ground, except that driveways shall not be considered structures.

Tavern shall mean any establishment selling alcoholic beverages at retail for consumption on the premises in which the principal business is the sale of such beverages and where sandwiches and snacks may be available for consumption on the premises. Taverns include bars, pubs, cocktail lounges, and similar establishments but do not include nightclubs or private clubs. Taverns may offer incidental amusement or entertainment devices or machines such as described under commercial indoor amusement facilities. When permitted as a tavern, the establishment shall not allow alcoholic beverages to be brought onto the premises by patrons. This use does not include adult oriented businesses set forth in article VII of this chapter.

Tourist home shall mean a building in which more than one (1) but not more than five (5) guest rooms are used to provide or offer overnight accommodations for transient guests for compensation.

Trade or business school shall mean a secretarial school or college, or business school or college, when not public and not owned or conducted by or under the sponsorship of a religious or charitable organization; school conducted as commercial enterprise for teaching instrumental music, dancing, barbering, or hairdressing or for teaching industrial skills in which machinery is employed as a means of instruction. This definition shall not be deemed to include "educational institution."

Trash collection areas (commercial dumpsters) are required to be enclosed to provide a visual barrier from adjoining properties, public streets or other public spaces, as well as to prevent trash from blowing onto neighboring properties. Screening must be opaque and can be vegetative or structural (brick, stone, or wood). Materials other than those listed above shall require UPOR approval from the planning commission. Trash collection areas shall not be located on public property, impede pedestrian ways (sidewalks) or vehicle motion through parking lots.

Use shall mean any functional, social, or technological activity, which is imposed or applied to land or to structures on the land.

Use, nonconforming shall mean any use of land, building or structures, or any combination thereof, lawful at the time of the enactment of this chapter, which does not comply with all of the regulations of this chapter or of any amendment hereto governing use for the zoning district in which such use is located.

Use, permitted shall mean a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and standards of such district.

Use, permitted on review or use, POR shall mean a use, either public or private which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration by the planning commission, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such POR use may or may not be granted, subject to the terms of this chapter.

Use, principal shall mean the main use of land or buildings as distinguished from a subordinate or accessory use. A "principal use" may be permitted or permitted upon review.

Use, public shall mean a use by any agency or department of the city, county, state or federal government. This shall also include public utilities or uses by any organization that receives funding either all or in part from any agency or department of the city, county, state or federal government. This shall also include buildings and premises used in the operation of the public use.

Use, semipublic shall mean philanthropic and charitable uses including, YMCA's, YWCA's, Salvation Army Churches and church-related institutions, orphanages, humane societies, private welfare organizations, nonprofit lodges and fraternal orders, Red Cross, and other general charitable institutions. This shall also include all buildings and premises used in the operation of the semipublic use.

Variance shall mean a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the application, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by a variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. A variance from the terms of this ordinance shall not be granted by the board of adjustment unless or until:

(1)

A written application for a variance is submitted demonstrating:

a.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are applicable to other lands, structures, or buildings in the same district;

b.

The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

c.

That the special conditions and circumstances do not result from the actions of the applicant;

d.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district;

e.

No nonconforming use of neighborhood lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts, shall be considered grounds for the issuance of a variance.

(2)

Notice of public hearing shall be given.

(3)

The public hearing shall be held. Any part may appear in person, by agent, or by attorney.

(4)

The board of zoning adjustment shall further make findings that reasons set forth in the application justify the granting of the variance that will make possible the reasonable use of the land, building or structures.

(5)

The board of zoning adjustment shall make findings that the requirements of (1)a.—e. above have been met by the applicant for a variance.

(6)

The board of zoning adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

Vehicles sales lot, new and/or used shall mean any such lot where vehicles are sold. Vehicles on these lots must be able to pass state vehicle inspection requirements.

Veterinary clinic or hospital shall mean an establishment operated by a licensed doctor of veterinary medicine providing medical care to animals except that horses, cattle, and other similar large animals shall not be left on the premises by the owner.

Wholesale establishment shall mean any establishment whose primary source of revenue is derived from the sale of merchandise to the ultimate consumer.

Yard shall mean a space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this chapter.

Yard, exterior shall mean a yard between any property line and any building or group of buildings.

Yard, front shall mean a yard extending across the full width of the lot, the depth of which shall be the least distance between the front lot line and the nearest point of the main building or any open, unenclosed porch or paved terrace.

Yard, interior shall mean the yard area between any two (2) or more buildings within a building group facing or backing each other. The minimum distance between buildings not oriented to each other at the side of the buildings shall not be considered interior yard.

Yard, rear shall mean a yard extending across the full width of the lot between the rear main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building.

Yard, side shall mean a yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard, the width of which shall be the least distance between the side lot line and the nearest point of the main building.

Youth home shall mean a halfway house, wherein the residents do not suffer extreme disturbances or difficulties, and are capable of attending public schools and making a place for themselves in a community, while counseling and close supervision are maintained.

(Ord. No. 4807, as amended, § 37, 2-2-81; Ord. No. 5381, §§ 1, 2, 5-21-90; Ord. No. 5430, §§ 1, 2, 4-1-91; Ord. No. 5931, § 1A, 2-5-01; Ord. No. 6092, §§ 1A—C, 6-7-04; Ord. No. 6175, § 1, 5-1-06; Ord. No. 6199, § 1, 11-6-06; Ord. No. 6350, § 1, 4-18-11; Ord. No. 6388, §§ 1, 2, 3-19-12; Ord. No. 6389, § 1, 3-19-12; Ord. No. 6419, § 1, 12-3-12; Ord. No. 6459, §§ 1—3, 9-16-13; Ord. No. 6465, § 1, 11-4-13; Ord. No. 6522, § 1, 7-20-15; Ord. No. 6525, §§ 1, 2, 8-17-15; Ord. No. 6585, § 1, 10-16-17)