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2524 ORDINANCE NO. jcl4 AN ORDINANCE TO AMEND THE WEST MEMPHIS ZONING ORDINANCE 1988, AS AMENDED, ARTICLE III, SECTION 2-B PERMITTED USES, SECTION 2.1 B- PERMITTED USES, ARTICLE X, SECTION 2- DEFINITIONS, AND APPENDIX A, TABLE OF PERMITTED USES WHEREAS, application was made to the City Planning Commission to amend the West Memphis Zoning Map and Zoning Ordinance, and after notice having been published for the time and in the manner as provided by Ordinance No. 1988, the matter was heard by the City Planning Commission on Wednesday September 25,2019 and the Planning Commission recommends to amend the West Memphis Zoning Ordinance 1988, as amended, Article III, Section 2-B, Permitted Uses, Section 2.1-B, Permitted Uses, Article X, Section 2-Definitions, and Appendix A-Table of Permitted Uses NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1: That the West Memphis Zoning Ordinance 1988, as amended be and the same, is hereby amended, as follows: ARTICLE III SECTION 2: Commercial Districts B. Permitted Uses The permitted uses in the Commercial Districts are set forth below. Where the letter"X" appears opposite a permitted use and underneath a Commercial Zoning District, the listed use is permitted in that district subject to: (1) the providing of off-street parking in the amount required; (2) conformance to the special conditions applying to certain uses as set forth in Article V; and (3) the providing of off-street loading in accordance with Article VI, section 2. Where the letters "SP" appear instead of an "X", this use is permitted subject to acquiring a Special Use Permit as set forth in Article IV. RECEIVED Ci Clerk<',1 Iffi Pat- '► : 0 .,J /O, 5� , B ,, / 44. �, � ,�, PERMITTED USES ZONING DISTRICT COMMERCIAL USES: 0-1 C-1 C-1-F C-2 Amusement, Commercial SP SP X Auction Room; Auctioneer SP Auction, Auctioneer (inside only) SP SP SP Automotive and Truck Sales, New and X Service Automotive and Truck Sales, Used and Service SP Automotive Car Wash SP SP SP Automotive Painting or Body Rebuilding SP Auto Repair Garage SP Auto Service Station SP SP X Bank, Savings and Loan X X X X Barber or Beauty Shop X X X Boat and Marine Rental, Repair, Sales SP Bowling Alley X Building Supplies, including sale of lumber X Bus Station SP SP X Carnival, Circus or Similar Temporary Amusement Enterprise, Subject to Article V X X X Catering Service X X X Christmas Tree Sales —Temporary Subject to Article V X X X Clinic, Dental, Medical, or Osteopathic, Chiropodist X X X X COMMERCIAL USES, (CONT.): 0-1 C_1 C-1-F C-2 Club or Lodge SP X X X Custom Sewing X X X Dry Cleaners, Laundry X X X Eating Place - Drive Through X X X Eating Place, Which Does Not Provide Service in Automobile (Interior Dinning Facilities Only) X X X X Eating Place Providing Service in Automobile X X X Exterminator, Pest SP SP X Farm Equipment Sales, Service, Repair SP Freight Depot or Terminal SP Funeral Home, Mortuary or Undertaking Establishment X X X Hauling, Moving or Storage Company SP SP X Health Studio or Spa SP X X X Home Center X Hotel X X X Interior Decorating Shop SP X X X Kennel SP Limited Accessory Use Apartment. X X X X Apartment or apartment units that should be considered an accessory to an office or commercial use that should be attached to and have mo more floor area than the office or business space, but in no case shall more than two units be allowed per half parking spaces per unit in addition to the required parking for the office or business. onr COMMERCIAL USES, (CONT.): 0-1 C_1 C-1-F C-2 Liquor Sales, for Consumption off the Premises X X X Mini-Warehouses SP Mobile Home Sales and Service X Monument Sales SP SP X Motel X X X Motorcycle Sales and Service X Newspaper Offices; Print Shop; Offices: Medical X X X Office: Chiropractic; Dental; Optical; Osteopathic; X X X X Offices: Professional and Governmental, Accounting, Architecture, Engineering, Planning, Insurance, Law, Real Estate X X X X Plumbing, Electrical, Air Conditioning and Heating Shop Sp SP X Race Track SP Retail Establishments Not Listed (With No Outside Sales or Display) X X X Retail Establishments Not Listed (With Outside Sales or Display) SP X X School, Business X X X X School, Commercial or Trade SP SP X School, Nursery, or Day Care Center X X X Shoe Sales and Repair X X X Sign, Subject to Article V, Section 15 X X X X COMMERCIAL USES, (CONT.): 0-1 C_1 C-1-F C-2 Studio, Photographic, Musical X X X X Theater, Indoor X X X Tire Recapping SP SP SP Tool and Equipment Rental SP SP X Travel Bureau X X X X Veterinarian, Office Only X X X Warehousing, Inside Storage Only SP SP SP Wholesale Establishment SP SP SP 2. INDUSTRIAL USES: 0-1 CC=1 C-1-F C-2 Advertising Displays, Sign Printing X Baked Goods, Candy, Bread, Dairy and Ice Cream Manufacturing SP Beverages, Non-alcoholic, Manufacturing SP Book Binding SP SP X Bottling Works, All Beverages X Carpentry, Custom Wood Working, or Furniture Making SP Clothing: Custom Manufacturing or Altering for Retail, Including Tailoring SP Custom Ceramic Products, Manufacturing SP Printing or Publishing, Including SP SP X Engraving or Photo-Engraving Sheet Metal Shop X Tire Recapping SP 3. COMMUNITY FACILITIES AND PUBLIC UTILITIES: 0-1 C_1 C-1-F C-2 Art Gallery or Museum SP SP X Auditorium SP Church or Other Place of Worship SP Community Building SP X X X Highway or Street Maintenance Garage, Yard or Similar Facility SP Hospital, Health Center, Institution for SP X X X Aged or Children, Assisted Care Facility Library X X X X Post Office X X X Stadium, Arena or Similar Facility X X X 4. RESIDENTIAL USES: 0-1 CC=1 C-1-F C-2 Multi-Family Dwellings as per R-4 X X X X District Requirements Nursing or Convalescent Home X X X Travel Trailer Park SP SP X 5. AGRICULTURAL USES: 0-1 C_1 C-1-F C-2 Animal and Poultry Husbandry, Dairying and Pasturage, but not Including the SP SP SP Keeping or Feeding of Swine Field Crops, Floriculture, Greenhouse, X X X Horticulture, Truck Gardening Nursery, Plants and Stock, Outdoor X Retail Sales 6. OTHER USES: 0-1 C-1 C-1-F C-2 All uses as defined in Article X that are accessory to the permitted uses in the Commercial Districts X X X X The following uses are defined as accessory in conjunction with development of an allowable permitted use in the 0-1 District, provided they may not utilize collectively in excess of 20% of the floor area Provided: a. Barber or Beauty Shop Acc b. Book or Stationery Store Acc c. Drugstore or Pharmacy Acc d. Duplication Shop Acc e. Florist Shop Acc f. Photography Studio Acc ARTICLE III, SECTION 2.1 BROADWAY DISTRICTS B. PERMITTED USES The permitted uses in the Broadway Districts are set forth below. Where the letter "X" appears opposite a permitted use and underneath a BW Zoning Districts, the listed use is permitted in that district subject to: (1) the providing of off-street parking in the amount required; (2) conformance to the special conditions applying to certain uses as set forth in Article V; and (3) the providing of off-street loading in accordance with Article VI, Section 2. Where the letters "SP" appear instead of an "X", this use is permitted subject to acquiring a Special Use Permit, as set forth in Artic PERMITTED USES ZONING DISTRICT 1. BROADWAY DISTRICT USES BW-1 BW-2 Advertising Displays Sign, Printing X X Air Conditioning and Heat Equipment X X Amusement, Commercial X X Animal Hospital, Kennel, Pound, or Shelter X X Apparel or Other Textile Products X X Appliance Repair X X Art Gallery or Museum X X Auction Room; Auctioneer X Auditorium X X Auto Repair Garage (See Footnote#1) SP Auto Service Station (See Footnote #2) SP SP Automobile Accessory and Supply Store X X Automobile Bus or Truck-Painting or Body Shop (See Footnote#1) Sp Automobile Car Wash SP SP 1. BROADWAY DISTRICT USES BW-1 BW-2 Automobile/Truck Sales, New (See Footnote #1) X Automobile/Truck Sales, Used (See Footnote #1) SP Baked Goods, Candy, Bread, Dairy, and Ice Cream Manufacturing X X Barber or Beauty Shop X X Beverages, Non-Alcoholic, Manufacturing X X Boats/Marine Rental, Repair, Sales (See Footnote #1) SP Book Binding X X Bottling Works X X Bowling Alley X X Building Materials and Supplies, Including Sale of Lumber X X Bus Station X X Carpentry, Custom Woodworking or Furniture Making X X Catering Service X X Ceramic Products-Brick, tile, Clay, Glass, Porcelain X X Christmas Tree Sales, Temporary, Subject to Article V X X Church or Other Place of Worship X X Church Nursery or Day Care X X Clinic, Dental, Medical, or Osteopathic, Chiropodist X X Club or Lodge, Private X X Community Building X X Construction Office, With No Heavy Equipment or Material Storage X X Custom Sewing X X Day Care Center, Subject to Article V, Section 5 X X 1. BROADWAY DISTRICT USES BW-1 BW-2 Dry Cleaners, Laundry X X Drugstore or Pharmacy X X Duplication Shop X X Dwelling for Resident Security Guard or Caretakers, Employed on the Premises X X Eating Place, All Kinds X X Electrical Appliances, Equipment and Supplies X X Exterminator, Pest X X Farm Equipment Sales, Service, Repairs (See Footnote#1) SP Feed and Seed Store X X Florist Shop X X Funeral Home, Mortuary or Undertaking Establishment X X Golf Course, Including Commercially Operated Range or Miniature Golf Course X X Group Shelter X X Hair, Felt, Feather, or Leather Products X X Hardware X X Hauling, Moving or Storage Company X X Health Studio or Spa X X Home Center X X Hospital, Health Center, Institution for Aged or children, Assisted Care Facility X X Hotel or Motel (See Footnote#1) X X Ice, Dry or Natural X X Interior Decorating Shop X X Jewelry X X 1. BROADWAY DISTRICT USES BW-1 BW-2 Kennel X X Library X X Light Fabrication and Assembly Process X Limited Accessory Use Apartments X X Liquor Sales, for Consumption off the Premises (See Footnote #1) X X Machine Welding Shop (See Footnote#1) X Mattresses, including Rebuilding or Renovating X X Mini-Warehouses X Mobile Home, Sales and Service (See Footnote #1) X Motorcycle Sales and Service (See Footnote#1) X X Multi-Family Dwellings as per R-4 District Requirements X X Newspaper Offices, Print Shop X X Nursing or convalescent Home X X Offices, Medical and Professional X X Office Warehouse X X Orthopedic or Medical Supplies X X Park or Recreational Facility X X Personal Service Establishments including Health and Fitness Centers intended to serve thel-1 and PBP Districts X X Plastic Products, including Luggage, Tableware, Buttons, or Similar products X X Plumbing, Electrical, Air Conditioning and Heating Shop X X Post Office X X Printing and Publishing, including Engraving or Photoengraving X X 1.BROADWAY DISTRICT USES BW-1 BW-2 Radio or TV Studio and/or Communication Tower SP Retail Establishments not listed—with no outside sales or display X X Retail Establishments not listed—with outside display X School, Business X X School, Commercial or Trade X X School, Public or Parochial X X Sheet Metal Shop X X Shoe Sales and Repair X X Sign, Subject to Article V, Section 15 X X Single-Family, Detached (See Footnote#2) X X Single-Family, Manufactured Home (See Footnote#2) X X Single-Family, Zero Lot Lines (See Footnote#2) X X Single-Family, Attached (See Footnote #2) X X Small Tool and Equipment Rental X X Stadium, Arena or Similar Facility X X State Garage, Yard or Similar Facility X X Steel Products, Fabrication and Assembly X Studio, Photographic or Musical X X Theater, Indoor X X Tire Recapping Shop SP Townhouses (See Footnote#2) X X Travel Bureau X X Warehousing, Inside Storage Only X X Wholesale Establishment X X (Foot Notes): 1.Commercial permitted uses that are noted with(Footnote#1)will only be allowed if the property fronts on Broadway,Woods,Missouri, N. 7'h,M.L. King Jr. Dr., or South Loop. 2. Single Family Residential uses that are noted with (Footnote#2)will not be allowed on property that fronts on Broadway. ARTICLE X SECTION 2. DEFINITIONS For the purpose of interpreting these regulations, certain terms and words are to be used and interpreted as defined hereinafter. Accessory Buildings and Uses: An accessory building is a subordinate building or a portion of the main building, the use of which is clearly incidental to, or customarily found in connection with, and (except as otherwise provided in this Ordinance) located on the same lot as, the use of the main building or principal use of the land. An accessory use is one which is clearly incidental to, or customarily found in connection with, and on the same lot as, the main use of the premises. When "accessory" is used in the text, it shall have the same meaning as accessory use. Alley: A public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation. Apartment: A multiple family dwelling (see "Dwelling, Multiple"). Assisted Care Facility: Any premises where more than three persons are lodged and provided with assistance for day to day living. Automobile Junk or Salvage Yard: (See "Junkyard"). Automobile Painting or Body Rebuilding Shop: A facility for restoring auto bodies, painting, or refinishing. These facilities would have some storage of vehicles, but all wrecked vehicles must be stored inside garage overnight. Auto Repair Garage: A facility for major motor vehicle repair, excluding body rebuilding. These facilities would have some storage of vehicles, but all wrecked vehicles must be stored inside garage overnight. Auto Sales, New: A facility, registered with the Arkansas Motor Vehicles Commission, for the sale of vehicles, primarily new. Auto Sales,Used: A facility, registered with the Arkansas State Police Used Motor Vehicles Dealer's Section for the sale of Used Vehicles. These facilities would have no storage of wrecked or salvage vehicles on premises. Auto Service Station: A facility for minor automotive work, such as oil changes, tire replacement, brake repair and or automotive detail work. These facilities would have no overnight storage of vehicles outside of building. Block Front: All of the property on one side of the street between 2 intersecting streets or between an intersecting street and the dead end of a street. Boarding or Rooming House: A dwelling or part thereof where meals and/or lodging are provided for compensation for 2 or more persons not transits. Building: Any structure including a roof supported by walls, (not to include truck trailers, shipping/cargo containers, or similar type objects), designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property and forming a construction that is safe and stable; the word building shall include the word structured. 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 Lines: The lines that are parallel to the front, side or rear lot lines of a lot at a distance equal to the minimum setback requirements and beyond which the vertical wall of a building or structure shall not be located closer to said lot lines. 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. Child Care Center: Any place, home or institution which receives five or more children under the age of 16 years, and not of common parentage, for care apart from their natural parents, legal guardians, or custodians, when received for regular periods of time for compensation; provided, however that this definition shall not include public an private schools organized, operated or approved under the laws of this State, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree of the custodial persons, or to churches of other religious or public institutions caring for children within the institutional building. Clinic,Dental or Medical: A facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions. Country Club:A chartered, nonprofit membership club catering primarily to its membership, providing one or more of the following recreational and social activities: golf, swimming, riding, outdoor recreation, club house, locker room, and pro shop. District, Zoning: Any section, sections, or divisions of the City for which the regulations governing the use of land, density, bulk, height, and coverage of buildings and other structures are uniform. Drive-In Commercial Uses: Any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade, such as, drive-in restaurants, drive-in theaters, and similar uses. Dwelling: Any building, or portion thereof, which is designed or used as living quarters for one or more families, but not including house trailers, mobile homes, or travel trailers. Dwelling,Attached: A dwelling having all or any portion of not more than one wall in common with an adjoining dwelling. Dwelling, Detached: A dwelling having open space on all sides. Dwelling, Single Family: A dwelling designed to be occupied by one family. Dwelling, Two-Family: A dwelling designed to be occupied by 2 families living independently of each other. Dwelling,Multiple-Family: A dwelling designed for occupancy by 3 or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels, or motels. Dwelling, Townhouse or Row House: Two or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and owned by one family. Dwelling, Zero Lot Line: A single detached dwelling unit that is constructed on a side property line of said lot; such that the wall located on the side property line should be "blank" with no openings of any type allowed. Dwelling Unit:A room or group of rooms within a dwelling and forming a single habitable unit with facilities for living, sleeping, and cooking. Explosive: Any liquid, solid or other material that will explode from internal pressure, heat/cold and/or motion. Family: One or more persons related by blood or marriage, including adopted children, or a group of not to exceed 4 persons not all related by blood or marriage, occupying premises and living as a single, non-profit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A family may include domestic servants employed by said family. Fence: A barrier constructed to provide privacy or visual separation between one ownership and another. Flammable: Gases, liquids, and other highly combustible materials. Floor Area: The sum of the gross horizontal areas of all of the floors of a building or building measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings. Garage,Private: An accessory building or part of a main building used for storage purposes only for automobiles, used solely by the occupants and their guests of the building to which it is accessory. Garage,Public or Repair: A building in which are provided facilities for the care, servicing, repair, or equipping of automobiles. Gasoline or Service Station: Any building, structure, or land used primarily for the dispensing and sale of fuels, oils, accessories, or minor maintenance and repair services but not including painting, body work or major repairs. Group Shelter: A residence, operated by a public or private legally approved non-profit organization which may provide a program of services in addition to room and board to persons on a voluntary basis under continuous supervision. Home Occupation: Any occupation, or profession carried on by the inhabitants which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, which is conducted entirely within the main or accessory building, and which meets all other applicable standards as described in Article V. Hospital: An institution providing health services primarily for human inpatient or medical or surgical care for the sick or injured, and including related facilities, such as, laboratories, outpatient departments, training facilities, central service facilities and staff offices which are an integral part of the facilities. Hotel: A building or part thereof occupied as a more or less temporary abiding place for individuals in which the rooms are usually occupied singularly for hire and in which rooms no provisions for cooking is made, and in which building there is usually a kitchen and public dining room for the accommodation of the occupants and guests. This definition does not include an auto or trailer court or camp, sanitarium, hospital asylum, orphanage, or building where persons are housed under restraint. Intermodal Container Storage Yard: Land used primarily for storage of Intermodal shipping containers and allowing containers to be stacked. The following products and materials are prohibited from being stored in an I-1-C, Industrial District and I-2-C, Industrial District: 1. Explosive Materials; 2. Flammable gases and liquids; 3. Toxic chemicals, liquids materials, or waste; 4. Petroleum products. Junkyard: A place where waste, discarded, or salvaged materials are bought , sold, exchanged, baled, packed, disassembled, or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase, or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, or sale of used cars in operating condition. Kennel: Any lot or premises on which 4 or more dogs, more than 10 weeks of age are kept for personal use or boarding. Lot: A parcel of land occupied or intended for occupancy by a use permitted in this ordinance including one main building together with its accessory building, and the open spaces and parking spaces required by this ordinance, and having its principal frontage upon a street. Lot Area: The total horizontal area included within the lot. Lot of Record:A lot or parcel of land, the deed to which has been recorded in the office of the County Recorder of Crittenden County prior to the adoption of this Ordinance. Lot, Corner: A lot abutting upon 2 or more streets at their intersections. Lot,Double Frontage: A lot which is an interior lot extending from one street to another and abutting a street on 2 ends. Lot,Interior: Any lot which is not a corner lot. Lot Lines: The lines bounding a lot as defined herein. Lot Line,Front: In the case of an interior lot, the line separating said lot from the street which is designated as the front street in the request for a building permit. Lot Line, Rear: The lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line. Lot Line,Side: Any lot line other than a front or rear lot line as defined herein. Lot Width: The width of a lot measure at the front building setback line. Mini-Warehouse Storage: Mini-warehouse storage facilities shall be deemed to include one or more permanent structures, meeting applicable City building requirements which contain separate storage units or cubicles that are intended to be leased by members of the Public. On Commercially zoned land, not more than 10% of such structure or structures may be leased to a single lessee, unless specific permission is first obtained from the Board of Adjustment. Furthermore, the active utilization or any storage space or cubicle within a mini-warehouse storage area for a retail or wholesale business operation on such site is expressly prohibited. Manufactured Home: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 Housing Urban Development. Mobile Home:A 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 320 square feet, and designed to be used as a year round residential dwelling unit. A mobile home which is to be located in a mobile home park shall meet all of the specifications and standards as required for such mobile home parks and each individual mobile home must be anchored in compliance with the design load requirements of the Building Code of the City of West Memphis, Arkansas. A mobile home which is to be placed in an approved mobile home subdivision must be placed upon poured footings and piers or perimeter foundation constructed to Building Code specifications and completely enclosed (no exposed piers): and all transport elements such as wheels, axles, trailer or transport hitches and exterior light systems attached for highway usage must be removed. Furthermore, all such mobile homes shall provide on-site an all-weather off-street parking space and the placement of the mobile home must be such that it conforms with all bulk and area requirements of the zoning district. Mobile Home Park: Land or property containing a minimum of 2 acres which is used or intended to be used or rented for occupancy by mobile homes or movable sleeping quarters of any kind. Motel: A motel or motor court is a business comprised of a building or group of buildings so arranged as to furnish overnight accommodation for transient guest. Nonconforming Use: Any building or land lawfully occupied by a use at the time of passage of this Ordinance which does not conform with the use or area regulations of the district within which it is located. Nursing Home: Any premises where more than 3 persons are lodged and furnished with meals and nursing care. Open Space: An unoccupied space open to the sky on the same lot with the building and occupied by no structure or portion of structure whatever. Park: A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool,reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City parks and recreation department. Parking Lot: An off-street facility including parking spaces and drives and aisles for maneuvering, and providing access and for entrance and exit, developed in a way to accommodate the parking of automobiles. Parking Space: An off-street space available for the parking of one motor vehicle and having an area of not less than 180 square feet exclusive of passageways and driveways, and having direct access to a street or alley. It shall measure not less than 9'x20'. Petroleum Products: Chemicals, oil and oil products derived from the natural oily form of petroleum. Principal Use: The specific primary purpose for which land, building, or structure is used or intended to be used. Public Utility: Any person, firm, corporation, municipal department, or board, duly authorized to furnish and furnishing under regulations to the public, electricity, gas, telephone, television, cable, telegraph, transportation, drainage, water, or sanitary sewage. Satellite Television Receiving Dishes, Ground Mounted: A device commonly parabolic in shape, mounted at a fixed point on the ground for the purpose of capturing television signals transmitted via satellite communications, facilities and serving the same or similar function as the common antenna. Said devices are herein defined as accessory uses. Sexually Oriented Businesses/Adult Entertainment: Sexually Oriented Business means and includes any and all of the following: A.) Adult Booth. Any area of an Adult Entertainment Establishment set off from the remainder of such Establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any Adult Materials or to view any live performance that is distinguished or characterized by and emphasis on the exposure, depiction or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities. B.) Adult Entertainment Establishment. Any of the following Commercial Establishments, as defined herein: 1.) Adult Cabaret: Any Commercial Establishment that as a substantial or significant portion of its business features or provides any of the following. (a) Persons who appear Semi-Nude. (b) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities. (c) Films, motion pictures, video or cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas, or the conduct or simulation of Specified Sexual Activities. 2.) Adult Store: Any Commercial Establishment (a) that contains one or more Adult Booths; (b) that as substantial or significant portion of its business offers for sale, rental, or viewing any Adult Materials; or (c) that has a segment or section devoted to the sale or display of Adult Materials. 3.) Adult Theater: Any Commercial Establishment that as a substantial or significant portion of its business features or provides (i) films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas, or the conduct or simulation of Specified Sexual Activities; or(ii) live performances that are distinguished or characterized by an emphasis on the exposure, depiction or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities. 4.) Adult Material: Any of the following, whether new or used: (a) (1) Books, magazines, periodical, or other printed matter, or digitally stored materials; or (2) Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind, that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas, or the conduct or simulation of Specified Sexual Activities. (b) Instruments, novelties, devices, or paraphernalia that are designed for use in connection with Specified Sexual Activities, or that depict or describe Specified Anatomical Areas. 5.) Nude or State of Nudity: A state of dress or undress that exposes to view (i) less than completely and opaquely covered human genitals; public region; anus; or female breast below a point immediately above the top of the areole, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel,provided the areole is not exposed; or(ii) human male genitals in a discernible turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernable turgid state. 6.) Semi-Nude: A state of dress or undress in which clothing covers no more than the genitals, public region, and areole of the female breast, as well as portion of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves and socks. 7.) Specified Anatomical Area: Any of the following: (a) Less than completely and opaquely covered human genitals; public region; buttocks; anus; or female breast below a point immediately above the top of the areole, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areole is not exposed. (b) Human male genitals in a discernible turgid state, even if completely and opaquely covered, or any device or covering that , when worn, simulates human male genitals in a discernibly turgid state. 8.) Specified Sexual Activities: Any of the following: (a) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, female breasts. (b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy. (c) Masturbation, actual or simulated. (d) Human genitals in a state of sexual stimulation, arousal, or tumescence. (e) Excretory functions as part of or in connection with any of the activities set forth in paragraphs a, b, c, or d of this definition. Sign: Any structure or part thereof, or any device attached to, painted on, or represented on a building or other structure, upon which is displayed or included any letter, work, model, banner, flag, pennant, insignia, decoration, device, or representation used as, or which is in the nature of an announcement, direction, advertisement, or other attention directing device. A sign shall not include a similar structure or device located within a building except for illuminated signs within show windows. A sign includes any billboard, but does not include the flag, pennant, or insignia of any state, city or other political unit, or any political, charitable, educational, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event. Story: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between the floor and ceiling next above it. A half story is a partial story under a gable, hip, or gambrel roof, the wall plates of which on at least 2 opposite exterior walls are not more than 4 feet above the floor of each story. Street: Any public or private thoroughfare which affords the principal means of access to abutting property. Structure: Anything constructed or erected, the use of which requires a fixed location on the ground or attached to something having a fixed location on the ground. Structural Alterations: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls. Toxic: Poisonous liquids, chemicals, or other items contaminated with toxic materials or waste. Travel Trailer: A travel trailer unit is a dependent temporary single-family dwelling built on a chassis not exceeding 8 feet wide and 32 feet long designed for short-term occupancy and frequent travel, requiring park services for utility and sanitary facilities. Unit may be self-propelled or towed behind a vehicle without a special permit required. Travel Trailer Park: A unified development under private ownership designed primarily for transient service, on which travel trailers, pickup 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. Truck Stop/Travel Center: A business commonly found in conjunction with a high volume of large truck traffic and/or equipped with truck parking facilities. Yard: An open space on the same lot with a building unobstructed from the ground upward and measured as the minimum horizontal distance between the lot line and the main building. Yard.Front: A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street right-of-way line and the main building or an projections thereof other than the projections of uncovered steps, uncovered balconies, terraces, or uncovered porches. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension. Yard.Side: A yard between the main building and the side line of the lot, and extending from the front lot line to the rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building or any projection thereof. p Zoning Lot: A parcel of land that is designated by its owner or authorized agent as a tract, all of which is to be used, developed, or built upon as a unit under a single ownership. When determining the front, rear and side yard setbacks for a zoning lot, the required distance shall be measured from the exterior boundaries of said zoning lot. For purposes of obtaining a Building Permit, a zoning lot must be reflective of one of the following: 1. Where the property consists of one or more entire lots in one or more recorded plats, the zoning lot shall be shown by a map of said lot or lots; 2. Where the zoning lot consists of(a) one or more portions of a lot or lots, in one or more recorded plats, (b) a combination of portions of lots or entire lots in one (1) or more recorded plats, together with unplatted land, or (c) a portion of less than 5 acres of an unplatted parcel, zoning lot shall be shown as a single, entire lot in a new, recorded plat; 3. Where the zoning lot consists entirely of one unplatted parcels and contains less than 5 acres, the zoning lot shall be shown as a single entire lot in a new recorded plat that has been submitted and approved by the Planning Commission of the City of West Memphis, Arkansas, or approved by a designated agent of the Planning Commission when so authorized. 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Vt4I MARCO MCCLENDON, MAYOR AT EST: .1 /WA- ',yce ' ray, City Cler SPONSOR: (1(KAiGr) RECEIVED Ci Clerk' iQe 7-, D:t-�/''.� _ // /�