1344ORDINANCE NO. I3 ~"I
AN ORDINANCE TO AMEND ORDINANCE 1258 REGARDING ZONING
REGULATIONS FOR THE CITY OF WEST MEMPHIS, ARKANSAS
WHEREAS, the Planning Commission of the City of West
Memphis, Arkansas, has prepared amendments to Ordinance
1258, which adopted zoning regulations and an official
zoning map for the City of West Memphis, Arkansas; and
WHEREAS, not fewer than three (3) copies of said
amendments to Ordinance 1258 have been on file in the
office of the City Clerk in the West Memphis City Hall and
will continue to be on file at all times for public
inspection and review; and
WHEREAS, after a public hearing upon due notice and
publication, pursuant to Article IX, Sections 5, 6 and 7 of
the zoning regulations adopted by Ordinance 1258, the
Planning Commission has approved and recommended for
adoption the proposed amendments to the zoning regulations
adopted by Ordinance 1258;
,~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
TH8 CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1. Article I, Section 5 of the zoning
regulations adopted by Ordinance 1258 is hereby amended to
add the following language at the end of the first full
sentence of Section 5:
However, any said lot of record located within any
residential zoning district within the City limits may
only be used for purposes of constructing a single-
family detached residential dwelling unit.
SECTION 2. Article III, Section 1(B) of the zoning
regulations adopted by Ordinance 1258 is hereby amended to
add "Single-Family - Manufactured Home" as a permitted use
in the R-3 zoning district.
r
SECTION 3. Article III, Section 1(C) and the table
following it in the zoning regulations adopted by Ordinance
1258 is hereby amended with respect to the R-4 zoning
district to add the use classification of "Single-Family
Detached" with the following requirements:
Lot Area 5,000 sq. ft.
Lot Area Per Family 5,000 sq. ft.
Lot Width at Building Line 50 ft.
Lot Coverage Maximum Percentage 40
Front Yard 25 feet
Interior Side Yard 5 feet
Exterior Side Yard Backing Up
to Side Yard 25 feet
Exterior Back Yard Backing Up
to a Rear Yard 10 feet
Rear Yard 20 feet
Maximum Height 3 stories or
36 feet
SECTION 4. Article III, Section 2(B) of the zoning
regulations adopted by Ordinance 1258 is hereby amended to
delete and repeal the listings for the following:
Automotive Body Shop
and
Automotive Service Station, not Including Body or Motor
Repair or Painting
and to add the following new listings:
Permitted Uses Zoning District
O-1 C-1 C-2
Automotive Painting or Body
Rebuilding Shop X
Auto Repair Garage X
Auto Service Station X X
Auto Wrecker Service, subject to
Article V X
Carnival, Circus or similar temporary
amusement enterprise subject to
Article V X X
Christmas Tree Sales - temporary
subject to Article V X X
Multi-Family Dwellings as per R-4
District requirements SP SP
SECTION 5. Article III, Section 3(C) of the zoning
regulations adopted by Ordinance 1258 is hereby amended to
add the following language as a footnote to the height
regulations for the Industrial zoning districts:
A building or structure may exceed the maximum heights
shown provided each of its front, side, and rear yards
are increased an additional foot for each foot such
building exceeds the maximum height.
SECTION 6. Article V, Section 4 of the zoning
regulations adopted by Ordinance 1258 is hereby amended to
read as follows:
Carnival, Tent Revival, or Similar Temporary Enterprise
A carnival, tent revival, or similar temporary
enterprise shall be permitted only in a Commercial
zoning district and shall have no facilities located
nearer to a residential district than two hundred (200)
feet and no nearer to any occupied residential
structure than five hundred (500) feet and shall have
access drives so located as to minimize traffic
hazards. The applicant shall show that adequate
measures will be taken to prevent odor, dust, noise,
lights, and traffic from becoming a nuisance to uses on
other adjacent properties. Each Certificate of
Occupancy for such an enterprise shall be valid for a
period of not more than ten (10) days and shall not be
granted for more than three such periods for the same
location within any 90-day period.
SECTION ?. Article V, Section 6 of the zoning
regulations adopted by Ordinance 1258 is hereby amended to
read as follows:
'~' For all residential uses located within any zoning
district, an ornamental fence; hedge, or wall not more
than three and one-half feet (3 1/2') in height may
project into or enclose any required front or side
yard, provided that visibility at intersections is
maintained in accordance with the provisions of Section
10 of this Article. Ornamental fences, hedges, or walls
may priject into the side yard from the front building
line of the structure to the rear lot line, and into
the rear yard, provided such fences or walls do not
excees a height of seven (7) feet.
All fencing for any commercial or industrial use
within any zoning district within the City may be
located only in accordance with specific requirements
and approvals granted by the Design Review Commiss-ion
of the City of West Memphis.
SECTION 8. The first paragraph of Article V, Section 8
of the zoning regulations adopted by Ordinance 1258 is
hereby amended to read as follows:
Chimneys, cooling or water towers, elevators,
bulkheads, fire towers, monuments, stacks, storage
towers, tanks, spires, church steeples, flagpoles,
radio towers or necessary mechanical apparatus may be
erected to any height not in conflict with other
ordinances of the City.
SECTION 9. Article V, Section 9(D) of the zoning
regulations adopted by Ordinance 1258 is hereby amended to
read as follows:
No sign of any type shall be located on said premises
to denote the business, occupation, or profession of
any authorized home occupation.
SBCTION 10. Article V, Section 9 of the zoning
regulations adopted by Ordinance 1258 is hereby amended to
add the following subsections:
G. The term "home occupation", provided all of the
previous conditions are complied with, shall generally
be interpreted to include custom dress-making,
tailoring, fine arts studio in which is created only
individual works of art, laundering or pressing,
professional office of an accountant, architect,
attorney, author, engineer, or similar professional
person (but not including medical, dental, or
chiropractic offices); and teaching or tutoring,
including music, dancing, speech, or other arts, with
instruction limited to one pupil at a time.
H. The term "home occupation" shall not be interpreted
to include a barber or beauty shop, commercial stable
or kennel, any business involving sales of merchandise
to consumers on the premises, nor commercial repairing
of automobiles, appliances, equipment, or similar
items.
SBCTION 11. Article V, Section 15 of the zoning
regulations adopted by Ordinance 1258 is hereby amended to
read as follows:
All signs of any type whatsoever, when located outside
the confines of an enclosed building, shall fully
~~ comply with all requirements of the West Memphis Sign
~ Ordinance.
SBCTION 12. Article V, Section 20(A) of the zoning
regulations adopted by Ordinance 1258 is hereby amended to
read as follows:
The home must be a double section or larger multi-
section unit and shall meet all requirements as defined
in Article X and must possess all necessary building
and occupancy permits and other certifications required
by the City for a dwelling unit;
SBCTION 13. Article V of the zoning regulations adopted
by Ordinance 1258 is hereby amended to add the following
Sections:
Section 22. Christmas Tree Sales.
The temporary and seasonal sales of Christmas trees may
be permitted in any C-1 or C-2 commercial district
outside the confines of a building, provided that the
i applicant shall show that adequate measures have been
taken to prevent odor, dust, noise, lights and traffic
from becoming a nuisance to uses on other adjacent
properties. Furthermore, a Certificate of Temporary
Occupancy for such enterprise shall be valid for a
single time period of not more than 45 days.
Section 23. Automobile Wrecker Service.
A wrecker service is a business enterprise from which
wrecker vehicles are dispatched, and may or may not
include the temporary storage of inoperable or wrecked
vehicles. All temporary storage of said wrecked
automobiles shall be screened entirely with an enclosed
opaque fence or wall, except driveway areas, from 6 to
10 feet in height. Any temporary storage between the
street and such fence is expressly prohibited.
Furthermore, any premises on which there remains for
more than a 30-day period an inoperable, wrecked, or
otherwise disabled vehicle, shall be deemed for the
purpose of this Ordinance, an automobile wrecking,
salvage, or junk yard.
SECTION 14. The first paragraph of Article VI, Section
1(A) of the zoning regulations adopted by Ordinance 1258 is
hereby amended to read as follows:
In all zoning districts, in connection
commercial, industrial, institutional,
any other use, there shall be provided
building or structure is erected, enla
in capacity, off-street parking spaces
in accordance with the requirements of
with every
recreational, or
at the time any
rged or increased
for automobiles
this section.
SECTION 15. The first sentence of Article VI, Section
1(E) of the zoning regulations adopted by Ordinance 1258 is
hereby amended to read as follows:
When required to provide off-street parking in
accordance with Subsection A of this section, every
parcel of land hereafter used as public or private
parking area, including a commercial parking lot, shall
be developed and maintained in accordance with the
following requirements:
SECTION 16. Article VI, Section 1(E)(2) of the zoning
regulations adopted by Ordinance 1258 is hereby amended to
read as follows:
Pavement Requirement - Every parcel of land which,
after the effective date of this Ordinance, is used as
a parking area, automobile, other vehicle or trailer
sales or storage area, or automobile or motor vehicle
service station, garage or other vehicular use area
shall be paved. The minimum pavement requirements shall
be designed for intense traffic use with asphaltic
concrete hot mix surface, or a double surface
treatment, or concrete surface. Any off-street parking
area shall be paved as specified above and shall be so
graded and drained as to dispose of all surface water
accumulated within the area, and shall be so arranged
and marked as to provide for orderly and safe loading
or unloading and parking and storage of vehicles. The
foregoing requirements with respect to surfacing shall
not apply to a temporary parking area.
SECTION 17. Article X, Section 2 of the zoning
regulations adopted by Ordinance 1258 is hereby amended to
add the following definitions:
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.
Automobile Painting or Body Rebuilding Shop: A facility
for restoring auto bodies, painting, or refinishing.
Auto Repair Garage: A facility for major motor vehicle
repair, excluding body rebuilding.
SECTION 18. Article X, Section 2 of the zoning
regulations adopted by Ordinance 1258 is hereby amended to
delete and repeal the following terms and their
definitions:
Sign
Sign,
Sign,
Sign,
Sign,
Sign,
Sign,
Sign,
Sign,
Area
Advertising
Bulletin
Business
Flashing
Identification
Illuminated
Political
Portable
Section 19. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
PASSED AND APPROVED this 19~~ day of ~ ~__.,~ 1988.
-~ ~ v
KE TH M. NGRAM, MA
ATTEST:
DAN CRAFT, T ERK
~t#~ !. ~
APR ~5198a
-~-~yyr ~~ ~1f 1 I'- ~l ~ nM-