Zoning - C14
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Zoning

ZONING

 

Chapters:

14.04   Zoning Ordinance

14.08   Flood Damage Prevention Program

14.12   Mobile Home Parks

14.16   Signs

14.20   Planned Unit Development

14.24   Redevelopment District

14.28   Clear Creek Redevelopment District

14.32   Vacating, Annexing and Re-Zoning

 

CHAPTER 14.04

ZONING ORDINANCE

Sections;

 

            14.04.01          Preamble

            14.04.02          Rules of construction and definitions

14.04.03          Non-conforming structures and uses

14.04.04          Establishment of zoning districts and boundaries

14.04.05          District regulations

14.04.06          Conditional uses

14.04.07          Accessory uses

14.04.08          Special conditions applicable to certain uses

14.04.09          General standards

14.04.10          Board of Zoning Adjustment

14.04.11          Administration and enforcement

14.04.12          Validity and repeal

 

 

 

 

 

 

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            14.04.01 Preamble

A.        Title This article shall constitute the zoning regulations of the city of Johnson. It may be cited as the Zoning Ordinance or the Zoning Code and consists of the text, which follows, as well as the zoning district boundary map entitled Official Zoning Map for the city of Johnson, Arkansas, which is on file in the office of the Recorder/Treasurer.

B.        Authority These regulations are adopted pursuant to authority granted by the Arkansas General Assembly in Title 14, Chapter 56, Subchapter 4 of the Arkansas Code of 1987 annotated, as amended. All membership in the various boards and commission having authority hereunder, acting prior to the effective date of this article shall remain in office and serve the remainder of their respective terms.

C.        Purpose The zoning regulations set forth herein are enacted to aid in the implementation of the land use portion of the Comprehensive Land Use Plan forthe City of Johnson, Arkansas and to promote in accordance with present and future needs, the safety, order, convenience, prosperity, and general welfare of the citizens of Johnson. The regulations are intended to provide for orderly growth and development; for protection of the character and stability of residential, commercial, industrial, recreational, and environmentally sensitive areas of the city; for protection of property from blight and undue depreciation; for efficiency and economy in the process of development of the appropriate and best use of land; for the use and occupancy of building; for healthful and convenient distribution of population; for good civic design and arrangement; and for adequate public utilities and facilities.

D.        Jurisdiction The provisions of these regulations shall apply to all land, buildings and structures within the corporate limits of Johnson as they now, or may hereafter exist.

E.         Nature and application

1.         For the purposes stated above, the city has been divided into zoning districts in which the regulations contained herein will govern lot coverage; the height, area, bulk, location, and size of buildings; open space; and the uses of land, buildings, and structures. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety order, convenience, prosperity, and general welfare. Whenever these requirements are at variance with the requirements of any other lawfully adopted rules or regulations, the most restrictive, or that imposing the higher standards, shall govern; provided however, that the city of Johnson shall not be responsible for enforcing deed restrictions or restrictive covenants.

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2.         No land shall be used or occupied, no structure shall be erected, moved, converted, altered, enlarged, used or occupied, and no use shall be operated, unless it is in conformity with the regulations herein prescribed for the district in which such structure or land is located. This provision shall not be construed to affect any lawful uses of land or structures that exist, or for which a lawfully issued permit has been issued, at the effective date of these regulations.

3.         No proposed plat of any new subdivision of land shall hereafter be considered for approval unless the lots within such plat equal or exceed the minimum size and area requirements specified in the applicable zoning district in which the land is located.

4.         No open space required by these regulations for a particular structure or use shall be claimed at the same time as open space for another structure or use.

5.         Dedication to public use of land shall not be a condition for any zoning or conditional use approval.

6.         All structures constructed or occupied in conformance with these regulations shall also conform to all other codes and regulations of the city.

7.         The provisions of these regulations are severable. If any section, paragraph, sentence, or clause shall be declared invalid, the remainder of the regulations shall not be affected. (Ord. No. 2007-13, Sec. 1.)

            14.04.02 Rules of construction and definitions

A.        Rules of construction For the purpose of these regulations, the following rules of

construction shall apply:

1.         Words, phrases, and terms defined herein shall be given the defined meaning.

2.         Words, phrases and terms not defined herein but in the Building Code of the city shall be construed as defined in such code.

3.         Words, phrases, and terms neither defined herein nor in the Building Code, shall be given their usual and customary meanings except where the context clearly indicates a different meaning.

4.         In case of any difference of meaning or implication between the text and any heading, drawing, table or figure, the text shall control.

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5.         The particular shall control the general.

6.         The word "shall" is always mandatory and not discretionary. The word "may" is permissive and not mandatory.

7.         Words used in the present tense include the future tense, and words used in the future tense include the present tense.

8.         Words used in the singular include the plural, and words used in the plural include the singular.

9.         The words "building" and "structure" are synonymous, and include, any part thereof.

10.       The word "person" includes individuals, firms, corporations, associations, and any other similar entities.

11.       The words "lot," "parcel," "site," "tract," or other unit of ownership are                                synonymous and may be used interchangeably.

12.      The word "used" shall include arranged, designed constructed, altered, converted, rented, leased, or intended to be used.

13.       All public officials, bodies, and agencies to which reference is made are those of the city of Johnson, unless otherwise indicated.

14.       Whenever reference is made to a resolution, ordinance, statute, regulation or document, it shall be construed as a reference to the most recent edition of such resolution, ordinance, statute, regulation, or document, unless otherwise expressly stated.

15.       Whenever a provision appears requiring the head of a department or another, officer or employee to perform an act or duty, that provision shall be construed as authorizing the department head or officer or employee to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.

16.       Unless the context clearly suggests the contrary, the conjunction "and” indicates that all connected items, conditions, provisions or events shall apply, and the conjunction "or" indicates that one or more of the connected items, conditions, provisions or events shall apply.

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            B.        Definitions of terms and uses This section contains definitions of general terms

used throughout the text. It also contains definitions for the land uses identified in the text. The use definitions are intended to be mutually exclusive, which means that uses that are specifically defined shall not also be considered a part of a more general definition of that use. The use of "retail/service," for example, does not include the more specific use "convenience store"

Access easement A right-of-way or parcel of land specified or set aside as the way or means by which a piece of property is approached entered or egressed, given by the owner of land to another party.

Accessory buildings and uses A subordinate building or a portion of the principal

building, the use of which is customarily incidental to that of the dominant use of the principal

building or land. An accessory use is one that is customarily incidental, appropriate and

subordinate to the principal use of land and buildings. Accessory buildings and uses are located

on the same lot and in the same zoning district as the principal use.

Accessory dwelling unit A separate dwelling unit that is either attached or detached from a structure the primary use of which is single-family.

Acreage Any tract or parcel of land which has not been subdivided and platted and or a

measurement of land area.

Adult entertainment Any adult cabaret, adult theater, adult bookstore, adult massage

establishment, model studio, or sexual encounter or meditation center which depicts or describes

matters or activities relating to specified sexual activities or specified anatomical areas.

Agriculture, crop The use of any land for the purpose of growing plants, crops, trees and other agricultural or forestry products.

Agriculture, animal The use of any land for the purpose of raising livestock.

Agriculture, product sales The retail sale of agricultural products produced on the same site.

Alley A narrow public way, a minimum of 20 feet in width, which affords a secondary means of access to abutting properties, and not intended for general traffic circulation. Alleys shall be paved a minimum of 18 feet.

Animal care, domestic or household A use providing for the care of normal household

family pets, limited to dogs, cats, and birds. Not to exceed four (4) animals of like kind, more

than four (4) months old. No boarding of animals is allowed. This use shall be permitted by right

in all residential zones,

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Animal care, general A use providing for a public or private facility including outside runs for animal, care, veterinary services or boarding of animals for short periods of time, where five (5) or more animals, more than four (4) months of age are kept.

Animal care, limited A use providing small animal (household pet) boarding or veterinary services, with no outside runs. Used for the diagnosis and treatment of pets and other animals including but not limited to dog, cats, birds and horses. All boarding of animals takes place in an enclosed structure and is incidental to clinic or hospital use.

Apartment A room or suite of rooms within a building with separate cooking, bathing, and sleeping facilities and intended as a single dwelling unit. Structures containing three or more

dwelling units are considered apartments.

 

Area The amount of land surface in a lot or parcel of land.

As-built drawing A document showing how a particular building and/or site have been

constructed. Information should include, but not limited to, the location of all buildings, parking

spaces, water lines, valves, fire hydrants, meters, sewer mains, manholes, storm drainage lines,

setbacks, and easements.

Asphalt or concrete plant An establishment engaged in the manufacture, mixing, batching or recycling of asphalt, asphaltic cement, cement or concrete products.

Auditorium or stadium An open, partially enclosed or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings.

Auto wrecking or salvage yard A lot, land or structure, or part thereof, used primarily for the collecting, dismantling, storage and salvaging of machinery or vehicles that are not in operating condition, or for the sale of parts there from, or for the collecting, storage, and salvage of waste paper, scrap metal, or other discard material.

Bank or financial institution Establishments engaged in deposit banking, typically

commercial banks, savings and loans, and credit unions.

Basement A story partly, or wholly underground. Where more than one-half of its height is above the average level of the adjoining ground, a basement shall be counted as a story for

purpose of height measurement.

Basic industry The first operation or operations that transform a material from its raw state to a form suitable for fabrication.

Bed and breakfast The use of an owner-occupied or manager-occupied residential structure to provide temporary lodging, or lodging and meals, with no more than twelve (12) guest rooms.

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Billboard Any structure or portion thereof upon which are signs or advertisements used as an outdoor display. This definition does not include any bulletin boards used to display official court or public notices, or signs advertising the sale or lease of the premises on which the sign is located.

Building Any structure including a roof supported by walls, 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,

Building area The buildable area of a lot is the total area of the lot minus all required

setbacks, easements, and open space as maybe required by this ordinance.

Building coverage The land area covered by all buildings on a lot excluding eaves.

Building height The vertical distance measured from the average elevation of the finished lot grade at the front of the building to the highest point of the structure, exclusive of chimneys, ventilators, or other extension above the roof line.

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, principal A building in which is conducted the principal use of the plot on which it is situated. In any residential district, any structure containing a dwelling unit shall be deemed to be the principal building on the plot on which the same is situated.

Carport Space for the housing or storage of motor vehicles and enclosed on not more than two (2) sides by walls.

Cemetery Land used, or intended to be used, for burial of the dead, whether human or animal including a mausoleum, columbarium or cinerarium.

Certificate of occupancy Permission to occupy a building and/or property.

Church 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, including day cares, is maintained and controlled by a religious body organized to sustain public worship.

Club or lodge An association of persons for the promotion of some nonprofit common

purpose, such as charity, literature, science, politics, fellowship, etc., meeting periodically, and

limited to members.

College or university An institution of higher education offering undergraduate or graduate degrees.

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Comprehensive plan The City of Johnson 2005 Comprehensive Land Use Plan.

Construction sales and service An establishment engaged in the retail or wholesale sale of materials used in the construction of buildings or other structures, as well as the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses include lumberyards, home improvement centers, lawn and garden supply stores, electrical, plumbing, air conditioning and heating supply stores, swimming pool sales, and construction and trade contractor storage yards.

Convenience store An establishment not-exceeding three thousand five hundred (3,500) square feet of gross, floor area, serving a limited market area, and engaged in the retail sale of food, beverages, gasoline and other frequently or recurrently needed merchandise for household or automotive use, and which may specifically include a car wash as an accessory use.

Country club A chartered, nonprofit membership club catering primarily to its membership, providing one or more of the following social and recreational activities: golf; tennis, swimming, riding, or outdoor recreation. Such clubs typically include dining facilities, clubhouses, locker rooms, and pro shops.

Court An open unoccupied space, other than a yard, on the same lot with a building and

bounded on two or more sides by such building.

Cul-de-sac A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.

Cul-de-sac lot A lot that fronts onto the terminal of a cul-de-sac street.

Day care, general (day care center) A commercial establishment where adult day care

services are provided, or where child day care services are provided for more than eight (8)

children; with both such services to be provided pursuant to state laws and fire codes, and in

accordance with, and licensed by appropriate state agencies.

Day care, limited (day care family home) A home where day care services are provided to a maximum of eight (8) children, with a maximum of two (2) adults in attendance. The operator shall reside in the structure, and the facility must conform to all codes and regulations, both state and local, applicable thereto, with the most restrictive regulations prevailing. The babysitting of not more than four (4) children shall not be subject to provisions of these regulations.

Detached structure A structure having no party or common wall with another structure

except an accessory structure.

Development 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.

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Development or site plat A dimensioned presentation of the proposed development of a

specified parcel of land that reflects thereon the location of buildings, easements, parking

arrangements, public access, and other similar and pertinent features.

District, zoning Any portion or section of the city, within which uniform zoning regulations apply.

Drive-in establishments A facility where services or products are delivered to persons in vehicles by means of a drive-up window or carhop.

Dwelling A building or portion thereof which is designed or used as living quarters for one or more families; but not including motels, boardinghouses, tourist homes, convalescent homes, travel trailers, mobile homes, or manufactured housing.

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

Dwelling, detached A dwelling that is entirely surrounded by open space on the same lot.

Dwelling, multi-family A dwelling designed for or occupied by three (3) or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels, or motels.

Dwelling, single-family A dwelling designed for or occupied by one family only, and being on a permanent foundation.

Dwelling, two-family (duplex) A dwelling designed for or occupied by not more than two (2) families living independently of each other.

Dwelling, townhouse or row house Two (2) 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 located within a dwelling and forming a single

habitable unit with facilities for living, sanitation, sleeping, and cooking.

Efficiency unit A dwelling unit that contains living, sanitation, sleeping, and cooking

facilities, but not a separate bedroom for sleeping, for not more than two (2) adults.

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Emergency housing unit A manufactured housing unit or residential-design manufactured housing unit that is located on the same lot as a principal single-family dwelling to be used solely for the purpose of providing temporary accommodations for a family member in need of daily assistance due to health reasons. Such, reasons shall be certified by a licensed physician.

Family One or more persons related by blood, marriage or adoption, or a group of not more than five (5) unrelated persons living together and subsisting in common as a single, non-profit housekeeping unit utilizing only one kitchen. A family may include domestic servants employed by said family.

Farm A parcel of land used for the growing or raising of agricultural products including

related structures thereon.

Fence A barrier constructed to provide privacy or visual separation between one ownership and another.

Floodplain regulations Provisions of the city of Johnson Flood Damage Prevention Code.

Floor area The sum of the gross horizontal areas of all of the floors of a principal building or buildings, excluding garages and covered parking areas, measured from the exterior faces of exterior walls or from the centerline of walls separating two (2) buildings.

Freight terminal A building or area in which freight, brought by motor trucks or rail, is

assembled and/or stored for routing in intrastate or interstate shipment by motor truck or rail.

Frontage That edge of a lot bordering a street.

Garage, private An accessory building or a part of a main building used for storage purposes only for automobiles, vans, pick-up trucks and the like, used solely by the occupants and their guests of the building to which it is accessory.

Golf course A facility providing private or public golf recreation services and support

facilities, excluding miniature golf facilities.

Government services Buildings or facilities owned or operated by government entities and prodding services for the public, excluding utilities and recreational services. Typical uses

include administrative offices of government agencies and utility billing offices.

Greenhouse or nursery An establishment primarily engaged in the raising and retail sale of horticultural specialties such as flowers, shrubs, and trees intended for ornamental or

landscaping purposes.

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Group residential The use of a site for occupancy by groups of more than five (5) persons not defined as a family. Typical uses include residence halls and boarding or lodging houses.

Hazardous waste Any solid, liquid, semisolid, or gaseous waste, whether alone or in

combination, whether used, reused or reclaimed, which because of its quantity, concentration, or

physical, chemical or infectious characteristics may cause or significantly contribute to an

increase in mortality, or an increase in serious irreversible, or incapacitating reversible, illness, or

which may pose a substantial present or potential hazard to human health or the environment.

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 building, and which meets all other applicable standards and use limitations as described herein.

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 and research facilities, central service facilities, pharmacies, and staff offices which are an integral part of the facilities.

Hotel or motel An establishment where overnight accommodations are supplied for transient guests. Typical accessory uses include dining, swimming, and meeting facilities.

Kennel The use of land or buildings for the purpose of selling, breeding, boarding, or training dogs or cats or both, 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 as herein defined; 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.

Library A publicly operated facility housing a collection of books, magazines, audio and video tape, or other material for borrowing and use by the general public.

Loading space An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. Loading space shall not be located within, public rights-of-way.

Loft apartment One or more dwelling units located on the upper floor(s) of a building

utilized principally for commercial or office purposes.

Lot Land occupied or intended for occupancy by a use permitted in these regulations,

including one main "building together with its accessory building, and the open spaces and

parking spaces required herein, and having its principal frontage upon a street.

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Lot, area The total horizontal area of a lot lying within the lot lines.

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

Lot, double frontage A lot that is an interior lot extending from one street to another and abutting a- street on two (2) ends.

Lot, interior Any lot which is not a corner lot.

Lot lines The boundary lines of a lot.

Lot line, front In the case of an interior lot, the line separating said lot from that street which is designed 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.

Lot line, side Any lot line other than a front or rear lot line as defined herein.

Lot of record A lot that is a part of a subdivision, the plat of which has been recorded in the office of the Washington County Circuit Clerk.

Lot width The width of a lot measured at the front building setback line.

Lot, 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.

Manufactured housing unit A detached single-family housing unit fabricated in an off-site manufacturing facility for installation or assembly at the building site as a permanent structure attached to a permanent foundation with transport features removed bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code. For purposes of these regulations, the term "manufactured housing unit," when used by itself shall not mean the same as a "residential-design manufactured housing unit."

Manufactured housing unit, residential-design A manufactured housing unit which has a minimum width of twenty-four (24) feet with width measured perpendicular to the longest axis at the narrowest part, a pitched roof and siding and roofing materials which are customarily used on site-built homes, and which complies with all of the standards specific herein.

Manufactured housing park A tract of land in one ownership that is used or intended to be used by two (2) or more manufactured housing units and which has public sanitary sewer

facilities, public water, electricity, and other utilities available.

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Manufacturing, general An establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding "basic industry"

Medical service An establishment providing therapeutic, preventative, or corrective personal treatment services on an out-patient basis by physicians, dentists, and other licensed practitioners, as well as the provision of medical testing and analysis services.

Mining or quarrying The extraction of metallic and non-metallic minerals, including stone, sand, and gravel operations.

 

Mobile home A transportable, factory-built housing unit, fabricated prior to June 15,1976, the effective date for the Federal Mobile Home Construction and Safety Act of 1974.

Nonconforming structure A structure, or portion thereof lawfully existing at the time these regulations became effective, or as amended, which does not comply with the setback, height, or other development standards applicable in the district in which the structure is located.

Nonconforming use Any structure or land lawfully occupied by a use at the time these

regulations or any amendment thereto, became effective, which does not conform to the use or

area regulations of the district within which it is located.

Nursing home Any premises where more than three (3) persons are housed and furnished with meals and continuing nursing services.

 

Office, general An establishment providing executive, management, administrative or

professional services, but not involving medical or dental services or the sale of merchandise,

except as incidental to a permitted use. Typical uses include real estate, insurance, property

management, investment, employment, travel, advertising, law, architecture, design, engineering,

accounting and similar offices.

Open space, common The area of land that is designed to be accessible for the use and

enjoyment of all owners and/or tenants of a development. Common open space shall be dedicated and maintained by a Property Owners Association unless other arrangements satisfactory to the Planning Commission have been made. This space may contain complementary, structures, recreational areas and other such improvements, but shall not include parking lots or streets.

Open space, private An area of land owned or occupied by a property owner or tenant and available for their private use and enjoyment.

Open space, public An area of land that is designated to be deeded to the city for the use

and enjoyment of the public.

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Owner The property owner of record according to the office of the Washington County

Circuit Clerk.

Parking lot A paved off-street facility including parking spaces and drives and aisles for

maneuvering and providing access for entrance and exit developed in a way to accommodate

the parking of automobiles.

Parking, commercial A paved area for off-street parking of operable motor vehicles on a temporary basis other than as accessory parking to a principal use.

Parks public A park that owned and maintained by the city of Johnson for the benefit arid use of the citizens of Johnson. This would include small neighborhood parks and larger

community parks. Neighborhood parks may include playing fields, playgrounds, shelters and

restrooms to accommodate active recreation. Parking is typically provided. Community parks

may provide both active and passive recreational facilities including tennis courts, ball fields,

pools, basketball courts, soccer fields, picnic areas, trails, restroom facilities and volleyball,

courts. Parking is provided.

Pedestrian way A separate right-of-way dedicated to or reserved for public use by

pedestrians which crosses blocks or other tracts of land to facilitate pedestrian access to adjacent

streets and properties.

Principal building The building on a lot in which the principal use of the lot is conducted.

Principal use The chief or main recognized use of a structure or of land.

Porch A roofed projection out from the wall or walls of a building and commonly open to the weather in part.

Recreation and entertainment, indoor An establishment offering recreation, entertainment or games of skill to the general public for a fee or charge, and that is wholly enclose in a building. Typical uses include bowling alleys, indoor theaters, pool halls and video game arcades.

Recreation and entertainment, outdoor An establishment offering recreation, entertainment or games of skill to the general public for a fee or charge, wherein any portion of the activity takes place in the open. Typical uses include, archery ranges, batting cages, golf driving ranges, and miniature golf courses.

Recreational vehicle park The use of a site providing individual spaces for towed or self-propelled camping vehicles on a daily fee or short-term rental basis.

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Research service An establishment engaged in conducting basic and applied research,

including production of prototype products when limited to the minimum scale necessary for full

investigation of the merits of a product, excluding production of products used primarily or

customarily for sale or for use in non-prototype production operations.

Restaurant, fast-food An establishment where the principal business is the sale of food and non-alcoholic beverages in ready-to-consume state, and where the design or principal method of operation is that of a fast-food or drive-in-style restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally served in

disposable wrapping or containers, and where food and beverages may be served directly to the

customer in an automobile.

Restaurant, general An establishment, other than "fast-food restaurant," where the principal business is the sale of food and beverages in a ready-to-consume state, where there is no service to a customer in an automobile, and where the design or principal method of operation consists of one or more of the following: (1) a sit-down restaurant where customers, normally, provided with an individual menu, are generally served food and beverages, in non-disposable containers by a restaurant employee at the same table or counter at which the food and beverage items are consumed; or (2) a cafeteria or cafeteria-type operation where food and beverages generally are served in non-disposable containers and consumed within the restaurant

Retail/service The sale or rental of commonly-used goods and merchandise for personal or household use or the provision of services to consumers, excluding those retail and service uses classified more specifically herein. Typical uses include grocery stores, department stores,

furniture stores, clothing stores and establishments providing the following products or services:

household electronic equipment, sporting, goods, bicycles, office supplies, home furnishings,

electronics repair, shoe repair, household appliances, wallpaper, carpeting and floor-covering, art

supplies, kitchen utensils, jewelry, drugs, laundromats, dry cleaners, cosmetics, books, antiques,

or automotive parts and accessories.

Retail/service, high impact The sale or rental of commonly used goods and merchandise for personal or household use or the provision of services to consumers. These facilities are typically designed to serve a broader market of the entire community as a whole and may draw shoppers from outside the community. Commonly known as "Big Box" retailer, examples would include, but not limited to Wal-mart, K-mart, and Target.

Safety services A facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.

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 signal

transmitted via satellite communications facilities and serving the same or similar function as the

common television antenna. Said devices are herein defined as accessory structures.

School, elementary, middle, or high: The use of a site, for instructional purposes on a primary

or secondary level.

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Service station An establishment primarily engaged in the retail sale of gasoline or other

motor fuels that may include accessory activities, such as the sale of lubricants, automotive

accessories, or supplies, the lubrication or washing of motor vehicles, or the minor adjustment or

minor repair of motor vehicles.

Setback Distance between the lot line or planned right-of-way line and the building line

upon which no building may be erected. For the purposes of this ordinance, the planned right-of –way shall be 50 feet for local streets, 60 feet for collector streets, and 80 feet for arterial streets as shown on the Master Street Plan. To determine the setback, the planned right-of-way shall be

used unless the existing right-of-way is greater than the planned right-of-way, in which case the

existing right-of-way shall be used.

Setback, front An area 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 any 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.

Setback, rear An area extending across the rear of the lot between the side lot lines, and measured between the rear lot line in the rear of the main building or any projection other than

steps, unenclosed porches, or entranceways.

Setback, side An area 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.

Sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, pictures, trade names, or trademarks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, a service or a commodity or product which are visible from any public street or right-of-way and designed to attract attention. A sign shall not include such devices 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.

Sign, bulletin A sign erected by a church, school, institution, or public agency on its premises for announcements.

Sign, commercial A sign which directs attention to a service, product, profession, business, or entertainment conducted, sold, or offered on the same lot .

Sign, nameplate A sign bearing the name and/or address, occupation, and phone number of persons or uses occupying the premises.

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Sign official Signs on public or private property for informing the public.

Sign, off-premise A sign that directs attention to a business, profession, event, entertainment, product, or service that is located, offered or sold somewhere other than on the premises.

Sign, on-site A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services provided therein.

Sign, real estate Temporary signs advertising the premises for lease, rent or sale.

Sign area The area within a line including the outer extremities of all letters, figures,

characters, and delineations, or within a line including the outer extremities of the framework or

background of the sign, whichever line includes the larger area. The support for the sign

background, whether it is columns, a pylon, or a building or part thereof, shall not be included in

the sign area.

Story The horizontal segment of a building between the floor surface and the ceiling next above it and wholly above grade. .

Street line The right-of-way line of a street.

Street Airy 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.

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

Utility, major Generating plants, electrical switching facilities and primary substations; water and wastewater treatment plants; water tanks; and radio, television and microwave transmission towers and similar facilities of agencies that are under public franchise or ownership to provide the general public with electricity, gas, heat, communication, rail transportation, water, sewage collection or other similar service. The term "utility" shall not be construed to include corporate or general offices; gas or oil processing; manufacturing facilities; postal facilities; or other uses defined herein.

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Utility, minor Services and facilities of agencies that are under public franchise or ownership to provide services that are essential to support development and that involve only minor structures, such as poles and lines.

Variance A modification of the regulations applicable to Subdivisions or Large Scale

Development by the Planning Commission when due to special conditions, a literal enforcement

of the provisions thereof would result in unnecessary hardship to the property owne, provided

that the spirit of the code shall be preserved and substantial justice done.

Vehicle and equipment sales An establishment engaged in the retail sale or rental, from the premises, of motorized vehicles, along with incidental service or maintenance. Typical uses

include automobile and truck sales, automobile rental, boat sales, and motorcycle sales.

Vehicle repair, paint and body An establishment primarily engaged in painting of, or

bodywork to motor vehicles or heavy equipment. Typical uses include paint and body shops.

Vehicle repair, general An establishment primarily engaged in automotive repair other than paint and body shops.

Vocational school A use providing education or training in business, commercial trades,

language, arts, or other similar activity or occupational pursuit, and not otherwise defined as a

"college or university" or "primary or secondary school."

Waiver A dispensing with a requirement for the performance of any provision applicable to Subdivision or Large Scale Development upon request to the Planning Commission with adequate grounds for such relief.

Warehouse, residential storage (mini-warehouse) An enclosed storage facility containing independent, separate units or cubicles that are intended to be leased to persons exclusively for dead storage of their household goods or personal property. The active utilization of any storage space or cubicle within such a storage area for a retail or wholesale business operation is expressly prohibited.

Warehousing The storage of materials, equipment, or products within a building for

manufacturing use or for distribution to wholesalers or retailers, as well as activities involving

significant movement and storage of products or equipment. Typical uses include truck

terminal, major mail distribution centers, frozen food lockers, motor, freight terminals, and

moving and storage firms, but excluding residential, storage warehouses.

Welding or machine shop A workshop where machines, machine parts or other metal

products are fabricated.   Typical uses include machine, welding, and sheet metal shops.

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.

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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. A zoning lot may consist of any standard lot or a combination of lot and any legally recorded portion of a lot that existed prior to the passage of this ordinance. When determining the front, rear, and side yard setbacks for a zoning lot, the required distance shall he measured from the exterior

boundaries of said zoning lot. (Ord. No. 2007-13, Sec. 2.)

            14.04.03 Non-conforming structures and uses

A.        Continuance of use

1.         Any lawfully established use of a structure or land, on the effective date of these regulations or of amendments hereto, that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal non-conforming use and may be continued except as otherwise provided herein.

2.         Any legal non-conforming structure may be continued in use provided there is no physical change other than necessary maintenance and repair except as otherwise permitted herein.

3.         Any structure for which a building permit has been lawfully granted prior to the effective date of these regulations, or of amendments hereto may be completed in accordance with the approved plans. Such building shall thereafter be deemed a lawfully established building.

B.        Discontinuance of use

1.         Whenever any part of a structure or land occupied by a non-conforming use is changed to, or replaced by, a use conforming to the provisions of these regulations, such premises shall not thereafter be used or occupied by a non-conforming use even though the structure may have been

originally designed and constructed for the prior non-conforming use.

2.         Whenever a non-conforming use of a structure or part thereof has been discontinued or abandoned for a period of one (1) year or more, such use shall not be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district

3.         Where no enclosed structure is involved, discontinuance of a non-conforming use for a period of six (6) months shall constitute abandonment and shall not thereafter be used in a non-conforming manner.

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C.        Change of use

1.         The non-conforming use of any structure or portion thereof may be occupied by a similar or less intense non-conforming use as may be determined by the zoning official, subject to appeal to the Board of Zoning Adjustment. No building in which a non-conforming use has been changed to a more restricted use shall again be devoted to a less restricted use.

2.         A non-conforming use of land without substantial buildings or structures may not be extended or expanded, nor shall it occupy more area than was in use on the effective date of these regulations. If such non-conforming use or portion thereof is discontinued for a period of three (3) months, or changed, any future use of such land or change of use shall be in conformity with the provisions of the district in which such land is located.

D.        Repairs and alterations

1.         Normal maintenance of a non-conforming structure or of a conforming structure containing a non-conforming use is permitted.

2.         Alterations may be made when required by law, or when such alterations will actually result in eliminating the nonconformity.

3.         No structure partially occupied by a non-conforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

4.         A structure that is non-conforming with respect to yards, height or any other element of bulk regulated by these regulations shall not be altered or expanded in any manner that would increase the degree or extent of its non-conformity with respect to the bulk regulations for the

district in which it is located.

E.         Accessories to primary non-conforming uses   Addition of, or enlargement,

alteration or relocation of accessories which are incidental to and accommodate the primary non-conforming use may be permitted if, after notices and public hearing and recommendation by the Planning Commission, the City Council finds that the accessory promotes the public health, safety, and welfare and does not expand or enlarge, the primary non-conforming use.

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The procedures for application and review shall be the same as those for a conditional use, with the exception that all notifications must make reference to a request for "alteration, enlargement or relocation of use" instead of a request for a conditional use.

F.         Damage and destruction If a non-conforming structure or a structure containing a non-conforming use is damaged or destroyed by natural disaster, fire, or other, casualty, the structure may be repaired or reconstructed and used for the same purpose as it was before the occurrence, provided such repair or reconstruction is commenced and completed within one (l) year of the date of such damage or destruction. Failure to exercise this option within the time specified shall be considered a voluntary abandonment and the structure may be rebuilt and used

thereafter only for a conforming use, and in compliance with provisions of the district in which it is located.

G.        District changes Whenever the boundaries of a zoning district are changed so as to transfer an area from one district to another, the foregoing provisions shall also apply to any newly created non-conforming uses therein. (Ord. No. 2007-13, Sec. 3.)

14.04.04 Establishment of zoning district and boundaries

A.        Zoning districts established the following zoning district, which may be referred to by their abbreviations, are hereby established:

            1.         Base zoning districts:

A        Agriculture

R-E      Estate Single-Family Residential — one (1) acre minimum lot size

R-l       Single-Family Residential - 9,000 square foot minimum lot size

R-2      Single-Family Residential – 7,500 square foot minimum lot size

R-3      Single-Family Residential - 6,000 square foot minimum lot size

R-4      Single-Family / Duplex Residential – 6,000 square foot minimum lot size

R-M     Multi-Family Residential - 12 units/acre maximum

R-O     Residential Office

C-l       Light Commercial/Office

C-2      General Commercial

C-3      Open Display District

I           Industrial

2.         Overlay and special purpose zoning districts:

DOD   Design Overlay District – certain street and highway corridors

PUD    Planned Unit Development District

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B.        Zoning district hierarchy References to less restrictive, more restrictive, less

intensive and more intensive zoning districts refer to the base zoning districts established above and represent a progression from the A district as the most restrictive (or least intensive) base district to the I district as the least restrictive (or most intensive) base district. Overlay and special purpose districts are not included in the zoning district hierarchy.

C.        Zoning district boundary map The location and boundaries of the zoning districts

established herein are defined as shown on a map entitled "Official Zoning Map of the City of Johnson, Arkansas," which is on file in the office of the Recorder/Treasurer. This map together with all explanatory data thereof is hereby adopted by reference and declared to be a part of these regulations. The official zoning map shall be certified as such by signature of the Mayor, attested by the Recorder/Treasurer.

If in accordance with the provisions of these regulations, changes are made in district boundaries or other data portrayed on the official zoning map, such changes shall be made on said map within thirty (30) days after the amendment has been approved by the City Council.

No changes of any nature shall be made on the official zoning map or information shown thereon, except in conformity with the procedures set forth in these regulations. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of these regulations, and punishable pursuant to misdemeanor provisions contained in the city code.

Regardless of the existence of purported copies of the official zoning map, which may from time to time be made or published, the official zoning map located in the office of the Recorder/Treasurer shall be the final authority as to the current zoning status of property in the city.

D.        Interpretation of district boundaries Where uncertainty exists as to the boundaries

of districts shown on the official zoning map, the zoning official shall employ the following rules in interpretations thereof. Decisions of the zoning official are subject to appeal to the Board of Zoning Adjustment.

1.         Boundaries indicated as approximately following the centerlines of streets                          or alleys shall be construed to follow such centerlines.

2.         Boundaries indicated as approximately following city limits shall be construed as following city limits.

3.         Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

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4.         Boundaries indicated as following waterways shall be construed to be following the thread of the stream.

5.         Boundaries indicated as following railroad lines shall be construed to be midway between the main trades.

6.         Boundaries indicated as parallel to, or extensions of features mentioned in the preceding rules shall be so construed.

7.         Where distance is not specifically indicated on the official zoning map, as is typically the case with un-subdivided property, distance shall be determined by the scale of the map.

E.         Classification of annexed lands All lands proposed for annexation shall be

assigned zoning district classification(s) that will become effective at the same time the annexation becomes final. The map amendment procedures contained herein shall be followed in assigning said classification(s).

F.         Vacation of public rights-of-ways Whenever any street, alley, or other public way is vacated or abandoned by action of the City Council pursuant to law, the zoning district classification of the property to which the vacated portions of land accrue shall become the classification of the vacated land.

14.04.05 District regulations

Agriculture and Residential Districts

 

A.        General description In addition to an agriculture district that acts to serve as a "holding" zone, there are six (6) residential districts designed to meet present and future housing needs; to protect the character of, and property values in, residential areas; to encourage a suitable environment for family life; and to provide choice in density, as well as in type of housing. Three (3) of the districts are for low-density single-family uses, and are intended to be defined and protected from the encroachment of uses not performing a function necessary to the low density, residential environment. Two (2) of the districts are intended for medium-density single-family uses, and one (1) exists for multi-family residential uses. More specific descriptions of the residential districts are as-follows:

1.         A, Agriculture District The purpose of this district is to help preserve existing agricultural resources, and to guide the conversion of rural lands to suburban use when appropriate. Agricultural areas should be protected for development by appropriate standards until they are well-served by public facilities and services.

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2.         R-E, Estate Single-Family District The purpose of this district is to accommodate single-family residential development on low density, large estate type lots. This zone is intended to help establish and preserve rural/estate character in certain areas of the city.

3.         R-l, Single-Family Residential The purpose of this district is to accommodate single-family residential uses on generously-sized residential lots of at least 9,000 square feet This zone is generally applied on the fringe of built-up areas of the city, and may act as a buffer to R-E zones.

4.         R-2, Single-Family Residential This district is intended to provide single-family residential uses on moderately sized, of at least 7,500 square feet. This is the smallest lot size that will be considered low density.

5.         R-3, Single-Family Residential This district is characterized by single-family residential development on small lots of at least 6,000 square feet As with other residential zones, this district also serves as a buffer in providing for a step-down in intensity from higher to lower density residential development. Lots zoned R-3, as well as those which are of a smaller size, shall be served by municipal water and sanitary sewer service.

6.         R-4; Single-Family / Duplex Residential The purpose of this district is to provide for a higher population density on moderately-sized lots of at least 6,000 square feet and allows for the development of duplex lots by right. Duplex lots shall have a minimum lot area of 4,500 square feet per dwelling unit. This is the smallest lot size that will be considered appropriate in Johnson in the future. Manufactured housing park may be allowed as a conditional use.

7.         R-M, Multi-Family Residential This district is to provide for multi-family development, and is characterized by traditional apartment-type units in attached living complexes. Congregate housing for the elderly is also anticipated in this zone. Areas so classified must have all municipal services available. The maximum density in this district is twelve (12) dwelling units to the acre.

8.         R-O, Residential Office This district provides for the harmonious blending of residential and low activity commercial and professional office uses having more of a residential than a commercial, character in building types, open space, traffic circulation, and parking arrangements.

This district is also provides as a buffer for the stabilization of residential land use on the fringe of high activity commercial and industrial areas and

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to protect adjacent residential areas from commercial and industrial encroachment.

B.        Uses permitted Uses permitted in the residential districts are set forth in the following table. Where the letter “P" appears opposite a listed use and underneath a residential district, the use is permitted in that district “by right" subject to: (1) providing off-street parking and loading facilities as required by Section 153-101; (2) providing landscaping and screening as provided by Section 153-103; and (3), conformance with special conditions applying to certain uses as set forth in Division 8. Only one (1) principal structure per lot shall be permitted in R-E, R-l, R-2, R-3, and R-4 single-family districts.

Where the letter "C" appears instead of "P", the use is permitted subject to acquiring a conditional use permit as set forth in Sections 153-061 through 153-064. Where neither "P" nor "C" appears similarly within the table, the use is not

USE TABLE

RESIDENTIAL DISTRICTS

ZONING DISTRICTS

 

RESIDENTIAL USES                     A         R-E     R-1      R-2      R-3      R-4      R-M

 

Single-family detached                       P          P          P          P          P          P          P

Duplex, triplex, 4-plex                                                                                    P          P

Emergency housing unit                     C         C         C         C         C         C

Multi-family                                                                                                                P

Manufactured housing unit                 P          P          P          P          P          P          P

Manuf. housing, residential design     C                                                         C

Manufactured housing park                                                                            C

Group residential                                                                                                        C

Accessory dwelling unit                     C         C         C

CIVIC AND COMMERCIAL USES

Airport or airstrip                                C         C

Animal care, general                           C

Animal care, limited                            C

Automated teller machine                                                                                           P

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Bed and breakfast                               C         C         C

Cemetery                                             C         C         C         C         C         C         C        

Church                                                C         C         C         C         C         C         C

College or university                           C

Communication tower                        C         C         C         C         C         C         C

Convenience store                                                                                                       C

Day care, limited (family home)         C         C         C         C         C         C         C

Day care, general

Golf course                                         C         C         C         C         C         C         C

Government service                            C         C         C         C         C         C         C

Hospital

Library                                                C         C         C         C         C         C         C

Medical services

Museum                                              C         C         C         C         C         C         C

Nursing home                                                                                                              C

Parks, public                                        P          P          P          P          P          P          P

Post office

Recreation/entertainment, indoor

Recreation/entertainment, outdoor     C

Safety services                                    C         C         C         C         C         C         C

School, elementary/middle & high     C         C         C         C         C         C         C

Utility, major                                       C         C         C         C         C         C         C

Utility, minor                                      P          P          P          P          P          P          P

Vocation school                                  C

MANUFACTURING AND EXTRACTIVE USES

 

Asphalt or concrete plant                    C

Mining or quarrying                            C

Sod farm                                             C

Topsoil                                    C

AGRICULTURAL USES

Agricultural, animal                            P          C

Agriculture, crop                                 P          P          P          P          P          P          P

Agriculture, product sales                   P          C         C         C         C         C         C

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ACCESSORY USES: PERMITTED SUBJECT TO PROVISIONS OF DIVISION 7

C.        Lot, setback, and height regulations Except as otherwise provided herein, no lot or setback shall be established or reduced in dimension or area in any residential district that does not meet the minimum requirements in the following table; nor shall any building or structure be erected or enlarged that will cause the maximum lot coverage or maximum height regulations to be exceeded for such district as set forth in said table. A listing of supplements and exceptions to these regulations follows the table.

MINIMUM DIMENSION REQUIREMENTS

RESIDENTIAL DISTRICTS

ZONING DISTRICTS                     A         R-E     R-1      R-2      R-3      R-4      R-M

Lot size

            Single-family (sq. ft.)              1 ac      1ac       9,000   7,500   6,000   6,000   *

            Duplex (sq. ft.)                        NP       NP       NP       NP       NP       **        *

Multi-family (units/acre)                     NP       NP       NP       NP       NP       7.26     12

Lot width (all uses)                             150’     100’     80’       70’       60’       60’       100’

Front setback (all uses)                       30’       30’       30’       25’       25’       25’       30’

Side setback (all uses)                         10’       10’       10’       10’       7’         7’         ***

Corner exterior (all uses)                     25’       25’       25’       25’       25’       25’       25’

Rear setback (all uses)             30’       30’       25’       25’       25’       25’       30’      

NP = not permitted    

* Not to exceed twelve (12) dwelling units per acre.

** Duplex lots shall have a minimum lot area of 4,500 square feet per dwelling unit.

*** Seven (7) foot against other RM use, ten (10) foot against residential and agricultural uses.

1.         When an existing lot is reduced because of conveyance to a federal, state, or local government for a public purpose, and the remaining area is at least seventy-five percent (75%) of the required minimum lot size for the district in which it is located, then that remaining lot shall be deemed to

comply with minimum lot size requirements.

2.         Utility facilities, using land or an unoccupied building requiring less than one thousand (1,000) square feet of site area, are exempt from minimum lot size requirements of all districts.

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3.         Minimum lot size requirements shall not be interpreted as prohibiting the construction of a single-family residential dwelling unit on a lot that was legally platted and recorded before the adoption of these regulations. For lots that are rendered non-conforming, the necessity of obtaining a variance from such created non-conformity shall not be required as a condition of issuance of a building permit, provided all setback and other requirements of this ordinance can be met.

4.         Certain architectural features may project into required setback as follows:

(a)        Cornices, canopies, eaves, or other architectural features, may                                  project a distance not to exceed thirty (30) inches.

(b)        Fire escapes may project a distance not exceeding four, and one-half feet from the exterior wall of the building.

(c)        An uncovered stair and necessary landings may project a distance not to exceed three (3) feet provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three (3) feet in height.

(d)       Bay windows, balcony, and chimneys may project a distance not exceeding thirty (30) inches, provided that such features do not occupy in the aggregate more than one-third of the length of the building wall on which they are located.

5.         When an existing setback is reduced because of conveyance to a federal, state or local government for a public purpose, and the remaining setback is at least seventy-five percent (75%) of the required minimum setback for the district in which it is located, then that remaining setback shall be deemed to satisfy minimum setback requirements.

6.         Setback averaging When a majority of the lots have existing principal structures on them and the street setbacks of said principal structures are on lots within the same block with the same zoning classification and fronting on the same side of the street and are less than the required street setback, applicants shall be allowed to use the "average" street setback on that block.   In such cases the “average setback” shall be the mean (average) setback of all developed lots on the same side of the street within the same block as the subject property and with the same zoning classifications, provided tha, in no case shall more than six (6) lots on either side of me subject property be included in the calculation.

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7.         When adjacent to R-E, R-l, R-2,R-3, or R-4 districts, multi-family residential and non-residential structures over one (1) story or fifteen (15) feet in height shall have an additional eight (8) foot side and rear, setback for every additional story or fifteen (15) feet in building height.

8.         Single family attached uses shall be exempt from interior side setback requirements, provided that end units within a single-family attached development shall comply with applicable side setback requirements. Such uses may also be exempted from lot width requirements.

9.         In R-M districts, and other districts in which such developments maybe permitted, dwelling units within a zero lot line development may be placed on or near one interior side lot line, and therefore be exempt from that interior side setback requirement. Zero lot line setbacks may not be used on street side lot lines or on interior side lot lines adjacent to lots that are not part of the zero lot line development. Zero lot line houses shall be subject to applicable fire codes and the following additional standards:

(a)        The minimum distance between all buildings in the development must be equal to twice the required side setback required by the underlying zoning district. A deed restriction must be recorded on the deed of each applicable lot to insure continued compliance with this setback as well as a note on the final plat explaining the required building setbacks.

(b)        An easement to allow for maintenance or repair is required when the eaves or sidewall of a house are within four (4) feet of the adjacent property line. The easement on the adjacent property must provide at least five (5) feet of unobstructed space between the farthermost projection of the structure, and be wide enough to allow five (5) feet between the eaves or side wall and the edge of the easement.

(c)        If the sidewall of the house is on the property line, or within three (3) feet of the property line, windows or other openings that allow for visibility into the side yard of the adjacent lot are not allowed. Windows that do not allow visibility into the side yard of the adjacent lot such as a clerestory window or a translucent window are allowed.

10.       Maximum height limitation is thirty-five (35) feet in all residential zones with the exception of the A and R-M districts, where the limitation is forty-five (45) feet. Chimneys, smokestacks, ventilators, cooling and water towers, bulkheads, grain elevators and silos, utility and flagpoles, belfries,

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spires and steeples, and monuments and ornamental towers, may be erected to any height not in conflict with other city ordinances or federal regulations. Communication towers are exempt only to the extent authorized through conditional use approval.

11.       Minimum lot widths for cu-de-sac lots-may be reduced to sixty (60) percent of the required lot width at the street-right-of-way so long as the required lot width from the table is met at the front building setback line.

B.        Commercial Districts Commercial districts are principally intended for the provision of services and the conduct of business and retail trade essential to support residents within the city and the surrounding area. Three (3) such districts are established herein to provide for the diversity of uses and appropriate locations, required for the range of goods and services needed in Johnson.

1.         C-l, Light Commercial/Office District This district is intended to accommodate administrative, executive, and professional, offices and associated uses, as well as limited retail trade and services designed to serve adjacent residential neighborhoods usually of a high or medium density character. Such districts should generally be limited to collector or arterial street locations or other carefully selected areas. Buildings are to be of residential character regarding outward appearance.

2.         C-2, General Commercial District The purpose of this district is to provide appropriate locations for commercial and retail uses that are convenient and serve the needs of the public. This district also provides locations for limited amounts of merchandise, equipment, and material being offered for retail sale that are more suitable for storage and display outside the confines of an enclosed structure. Appropriate locations for this district are generally along heavily traveled arterial streets where

convenient access and high visibility exist. However, development of groupings of facilities shall be encouraged in the future, as opposed to less desirable, strip commercial, such as that that exists along U.S. 412.

3.         C-3, Open Display District This district is intended to provide adequate locations for retail uses which serve the needs of the motoring public and are characterized by a high level of vehicular ingress and egress. The district is also intended to provide a location for the limited amount of merchandise, equipment and material being offered for retail sale that because of the type of material or transportation requirements is suitable for display and storage outside the confines of an enclosed building. Appropriate locations for this district are along heavily-traveled major arterial streets, where convenient access and high visibility exist.

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C.        I, Industrial District The industrial zoning district is intended to provide for the development of light to medium intensity industrial uses and their related facilities. Certain commercial and other complementary uses are also permitted. Appropriate standards for the district are designed to assure compatibility with other similar uses and to minimize any conflicts with non-industrial uses located in close proximity to industrial uses. Suitable uses in this district include freight terminals, warehousing, wholesaling, packaging, storage, fabrication, display and such limited manufacturing as does not create a nuisance for residential and commercial neighbors. Adequate and suitable transportation facilities are a necessity to this district.

D.        Commercial and Industrial uses permitted Uses permitted in the foregoing

districts are set forth in the following table. Where the letter "P" appears opposite a listed use and underneath a district, the use is permitted in that district “by right" subject to: (1) providing off-street, parking and loading facilities as required by Section 153-101; (2) providing landscaping and screening as required by Section 153-103-and (3), conformance with special conditions applying to certain uses as set forth in Division 8.

Where the letter "C" appears instead of “P", the use is permitted subject to acquiring a conditional use permit as set forth in Sections 153-061 through 153-064. Where neither "P" nor "C" appears similarly within the table, the use is not permitted.

USE TABLE

COMMERCIAL AND INDUSTRIAL DISTRICTS

 

 

ZONING DISTRICTS

 

 

RESIDENTIAL USES                                 R-O     C-1      C-2      C-3      I

 

Single-family detached                                   P          C         C

Duplex, triplex, 4-plex           

Loft apartment                                                            P                      C

Multi-family

CIVIC AND COMMERCIAL USES

 

Airport or airstrip                                                                                            C

Animal care, general                                       C         P                                  P         

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Animal care, limited                                        C         P          P                      P

Auditorium or stadium                                                           C         P          C

Automated teller machine                               P          P          P          P          P

Bank or financial institution                                       P          P          C         P

Bed and breakfast                                           P          p          C

Car wash                                                                     C         P          P          P

Cemetery                                                         C         C         C         C         C

Church                                                            C         P          P                      P

College or university                                       C         P          P                      P

Communication tower                                    C         C         C         C         C

Construction sales and service                                                P          P          p

Convenience store                                                       C         P          C         P

Day care, limited (family home)                     P          C         C

Day care, general                                                        P          P                      C

Entertainment, adult                                                               C                     C

Funeral home                                                              P          P

Golf course                                                     C         C         C         C         C

Government service                                                    P          P                      P

Hospital                                                                       C         P          P          P

Hotel or motel                                                                         C         P

Library                                                            C         P          P                      C

Medical service/office                                     C         P          P                      P

Museum                                                          C         P          p                      C

Nursing home                                                              P          P

Office, general                                                            C         P          P                      C

Parking lot, commercial                                                          P          P          C

Parks, public                                                    P          P          P          C         C

Pawn shops                                                                 P          P

Post office                                                                   C         P

Recreation/entertainment, indoor                               C         P          P          C

Recreation/entertainment, outdoor                             C         P          P          C

Recreational vehicle park                                                        C         P          C

Restaurant, fast-food                                                  C         P          C         P

Restaurant, general                                                     P          P          P          P

Retail/service                                                               C         P                      C

Retail/service, high impact                                                      C         P          C

Safety services                                                C         P          P          P          P

School, elementary/middle and high              C         P          P          P          P

Service station                                                             C         P          P          P

Utility, major                                                   C         C         C         C         C

Utility, minor                                                  P          P          P          P          P

Vehicle and equipment sales                                                   C         P          P

Vehicle repair, general                                    C         P          P          P

Vehicle repair, paint and body                                                P          P          P

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Vocational school                                                       C         P          P          P

Warehouse, residential (mini) storage             C         P          C         P

INDUSTRIAL, MANUFACTURING AND EXTRACTIVE USES

 

Asphalt or concrete plant                                                                                C

Auto wrecking or salvage yard                                                                       P

Basic industry                                                                                                 P

Freight terminal                                                                       C                     P

Manufacturing                                                                                                P

Mining or quarrying                                                                                        C

Research services                                                        C         C                     P

Warehousing                                                                                                   P

Welding or machine shop                                                       C                     P

*The placement of all signs shall be in accordance with the Johnson Municipal Code.

AGRICULTURAL USES

Agricultural, crop                                            p          P          P          P          P

Agriculture, farmers market                                        p          P                      P

Agriculture, product sales                               C         C         C         C         P

ACCESSORY USES: PERMITTED SUBJECT TO PROVISIONS OF DIVISION 7.

E.         Non-residential lot, setback, and height regulations No lot or setback shall be

established or reduced in dimension or area in any non-residential district that does not meet the minimum requirements in the table that follows, nor shall any building or structure be erected or enlarged that will cause the maximum lot coverage or maximum height regulations to be exceeded for such district as set forth in said table. A listing of supplements and exceptions to these regulations follows the table.

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MINIMUM DIMENSION REQUIREMENTS

NON-RESIDENTIAL DISTRICTS

 

ZONING DISTRICTS

 

 

                                                                        R-O     C-1      C-2      C-3      I

DIMENSION

Minimum lot size

            All uses                                               9,000   12,00012,00012,00020,000

Minimum street frontage                                70’       100’     100’     100’     100’

Front setback

            With parking in front                          50’       50’       50’       50’       75’

            Without parking in front                     25’       25’       25’       30’       50’

Side setback

            Adjacent to non-residential                10’       10’       10’       0’         50’

            Adjacent to residential                        10’       35’       35’       30’       75’

Rear setback

            Adjacent to non-residential                20’       20’       20’       20’       50’      

            Adjacent to residential                        25’       20’       40’       40’       75’

Maximum height                                             35’       35’       60’       60’       60’

NP = Not permitted

1.         Size reduced for public purpose When an existing lot is reduced because of conveyance to a federal, state or local government for a public purpose, and the remaining area is at least seventy-five percent (75%) of the required minimum lot size for the district in which it is located, then that remaining lot shall be deemed to comply with minimum lot size requirements.

2.         Utility exemption Utility facilities, using land or an unoccupied building requiring less than one thousand (1,000) square feet of site area are exempt from minimum lot size requirements.

3.         Setback reduced for public purpose When an existing setback is reduced because of conveyance to a federal, state or local government for a public purpose, and the remaining setback is at least seventy-five percent (75%) of the required minimum setback for the district in which it is located, then that remaining setback shall be deemed to satisfy minimum setback requirements.

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4.         Setback averaging When a majority of the lots have existing principal structures on them and the street setbacks of said principal structures are on lots within the same block, with the same zoning classification and fronting on the same side of the street and are less than the required street setback, applicants shall be allowed to use the "average" street setback on that block.  In such cases, the "average setback" shall be the mean (average) setback of all developed lots on the same side of the street within the same block as the subject property and with the same zoning classifications, and in no case shall more than six (6) lots on either side of the subject property be included in the calculation.

5.         Setbacks increased by height When adjacent to single-family districts, multi-family residential and non-residential structures over one (1) story or fifteen (15) feet in height shall have an additional eight (8) foot side and rear setback for every additional story or fifteen (15) feet in building height

6.         Maximum height exclusions Chimneys, smokestacks, ventilators, cooling and water towers, bulkheads, grain elevators and silos, utility and flag poles, belfries, spires and steeples, and monuments and ornamental towers, maybe erected to any height not in conflict with the other city ordinances or federal regulations. Communication towers are exempt

only to the extent authorized through conditional use approval, if such use is not a use permitted by right.

7.         When a non-residential zone abuts a residential zone, setbacks for both shall be the greater of the non-residential district or the setback for the abutting residential zone.

F.         Overlay and special purpose districts The purpose of overlay and special-purpose districts is to provide for enhanced standards to protect and enhance the unique characteristics of specific areas and/or corridors, such as natural scenic beauty or manmade features, while providing for development opportunities. Examples of such purposes include:   Promoting the safe and efficient use of specific roadways by controlling access and other traffic measures; encouraging the redevelopment of an area consistent with a particular design theme; giving special attention to landscaping, buffering, signage, lighting and building setbacks in those districts identified as needing special attention; giving special attention to the existing architectural style or to the style which is planned, so as to create an easily identifiable area in those areas identified as architecturally or historically significant.

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The City Council, upon recommendation from the Planning Commission, may adopt overlay and special purpose districts as the needs are identified in order to implement specific purposes, intents, and design standards generally consistent with the City of Johnson 2005 Comprehensive Land Use Plan provisions for the area being regulated,, which shall be applied as additional standards to other city regulations. The development criteria for each district shall be those standards as set out in each respective district that is adopted. Such districts shall be made a part of the zoning regulations through the standard amendment procedures; and upon adoption, the boundaries of such districts shall be delineated on the official zoning map.

G.        Design Overlay District; (highway and street corridors)

*This Section Reserved.

H.        Planned Unit Development (PUD) District See Ordinance No. 2007-10 An ordinance adopting guidelines and standards for Planned Unit Developments within the city of Johnson, Arkansas, and other matters related thereto and

declaring an emergency to exist. (Ord. No. 2007-13, Sec. 5.)

            14.04.06 Conditional uses

A.        Nature and description Certain uses may or may not be appropriately located within various districts due to their unusual or unique characteristics of operation and external effects. Given their unusual character, analysis and judgment of the consequences of each development and use must be given so as to provide for such reasonable conditions and protective restrictions as are deemed necessary to protect the character and integrity of the area in which uses are proposed to be located. Such uses are listed under the various districts herein as "conditional

uses," and may he located in the district or districts so designated only in accordance with the procedure described herein.

B.        Development standards and review guideline All development shall be designed

in such a way as to minimize any potential negative impact on the surrounding area. Special attention shall be given to buffering commercial developments from adjacent single-family areas. Design of the internal traffic circulation system, ingress and egress, off-street parking, loading and pedestrian ways shall be sensitive to such conditions as safety, convenience, separation of vehicular and pedestrian traffic, general attractiveness, and the proper relationship of different

land uses. Landscaped areas shall be provided to protect water quality, and reduce erosion, heat and glare. Such areas shall be maintained in an attractive condition. Existing trees on a development site shall be retained where possible. Screening, open space, or other buffers may be required to give adequate separation between uses which are marginally compatible, and shall also be provided for the beautification and enhancement of the property. In carrying out

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the purpose of this section, the following development standards and design

specifics shall be subject to review and approval. The appropriateness of these standards shall be determined for each specific conditional use location.

1.         The proposed use is within the provision of "conditional uses," as set out in these regulations.

2.         The proposed use conforms to all applicable provisions herein set out for the district in which it is to be located.

3.         The proposed use is so designated, located, and proposed to be operated, that the public health, safety and welfare will be protected.

4.         The proposed land use is compatible with and will not adversely affect                               other property in the area where it is proposed to be located.

5.         The size and shape of the site, including the size, shape and arrangement of proposed structures, as well as signage related thereto, is in keeping with the intent of these regulations.

           

6.         The proposed ingress and egress, internal circulation system, location and amount of off street parking, loading and pedestrian ways are sufficiently adequate, and not inconsistent with requirements of these regulations,

7.         The proposed landscaping and screening of the proposed use are in accordance with provisions of these regulations.

8.         Safeguards proposed to limit noxious or offensive emissions, including lighting, noise, glare, dust and odor are addressed.

C.        Procedure for authorizing The following procedure is established to integrate

properly, the conditional use with other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure:

1.         Application An application shall be made by the property owner and filed with the zoning official, upon forms prescribed for that purpose, accompanied with the appropriate fee established by the City Council to defray processing costs. The application shall be accompanied by a graphic representation showing the location and proposed use of the site,

along with such other descriptive material necessary for decision making. Such may include, but is not limited to preliminary site plans showing proposed uses and structures; proposed ingress and egress to the site, including adjacent streets; proposed off-street parking and landscaping;

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lighting and signage; a preliminary plan for provision of sanitation and drainage facilities; and proximity of adjacent uses and buildings.

Each application shall be verified by at least one of the owners of the property proposed to be changed, attesting to the truth and correctness of all facts and information presented with the application.

The filing deadline for inclusion on the Planning Commission agenda shall in general be the first business day of the month, no later than 4pm to be included on the next Planning Commission meeting. See the city of Johnson planning schedule on file at City Hall for exact times and dates for submittals.

2.         Notice Upon determining that an application is proper and complete, the zoning official shall insure that the matter is set for public hearing before the Planning Commission. The zoning official shall be responsible for insuring that, pursuant to law, at least fifteen (15) days’ notice of the time, place, and subject of such hearing is published in a newspaper of general

circulation in the city.

The applicant shall present evidence to the zoning official, at least fifteen (15) days prior to the required public hearing, that all property owners within two hundred (200) feet of the boundaries of the subject property have been notified of the proposed use, and of the time, date, and place of the hearing. Such evidence shall consist of postmarked, certified receipts and/or return receipts and/or dated, signed acknowledgments of receipt of notification; and shall be accompanied by a plat map showing the location of those properties, the owners of which the applicant certifies have been, so notified.

3.         Planning Commission review and action The Planning Commission shall review conditional use permit applications at its regularly scheduled monthly meeting, at which time interested persons may appear at the required public hearing and offer information in support of or against the proposed conditional use. Following the public hearing, the Commission may approve the application as presented, approve it with conditions, table it with cause for not to exceed one (1) month, deny the application, or refer it to the City Council for final disposition. Approval shall require an affirmative vote of a majority of the authorized membership of the

Commission.

In approving such conditional uses, the Planning Commission shall impose such conditions and restrictions upon the premises as it deems necessary to reduce or minimize the adverse effects of the use.

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Compatibility with surrounding property shall be insured to the maximum

extent practicable. If the Planning Commission disapproves or denies a conditional use application, the reasons for such action shall be given to the applicant with fifteen (15) days from the date of the decision. If denied, no application for such, use-or similar use shall be permitted involving part of the same property for a period of six (6) months.

The Planning Commission shall have final authority except that petitioners or record objectors aggrieved by an action, including any condition(s) placed upon application approval, by the Commission shall file appeals to the City Council with the Recorder/Treasurer. The content of the appeal filing shall consist of: (1) A cover letter addressed to the Mayor and City Council setting forth the request; and (2) a copy of the Planning Commission application indicating the action and properly executed by the staff. This filing shall occur within fifteen (15) calendar days of the action by the Planning Commission. Certified mail notice of the appeal hearing shall be provided not less than ten (10) days prior to the date of the hearing, and the affidavit and other supporting evidence of notice shall be filed not less than five (5) days prior to the date of review. This notice shall be given to all record parties in interest whether for or against the request. The cost of this notice shall be borne by the appellant

In no case shall the Planning Commission or City Council authorize reduction from minimum requirements of these regulations relating to height, area, setbacks, parking, or landscaping. In addition, no conditional use authorized by the Planning Commission or City Council shall be

subsequently considered in connection with a variance request to the Board of Zoning Adjustment.

D.        Effect of approval No building permit shall be issued for any building or structure not in conformance with the site plan and all other conditions imposed in granting a conditional use permit The construction, location, use, or operation of all land and structures within the site shall be in accordance with all conditions and limitations set forth in the approval. No structure, use or other element of any approved site plan shall be eliminated, significantly altered, or provided in another manner unless an amendment to the conditional use is approved. The

procedure for amending a conditional use permit shall be the same as required for the original approval.

Substantial work or construction under a conditional use permit must be commenced within one (1) year, or the permit shall terminate. Conditional use permits shall be valid for an unlimited period unless a lesser period shall be provided in a particular permit.   Upon the expiration of the time limit specified in

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the particular permit the property owner may request that the permit be

reviewed by the Planning Commission, which may extend it for an unlimited period or for an additional period of years.

Once any portion of the conditional use permit authorization is utilized, all such conditions pertaining to such authorization shall become immediately operative. All conditions relating to or limiting the use, status, or operation of the development, after issuance of an occupancy permit, shall be complied with by the applicant. Failure to do so shall constitute a violation of these regulations, .and cause for revocation of the conditional use authorization. Provided sufficient site information is submitted with the approved development plan, the Planning Commission may waive otherwise mandated site plan review requirements. (Ord. No. 2007-13, Sec. 6.)

            14.04.07 Accessory uses

A.        General description An accessory building is a subordinate building or a portion of the principal building, the use of which is customarily incidental to that of the dominant use of the principal building or land. An accessory use is one that is customarily incidental, appropriate and subordinate to the principal use of land and buildings, and located upon the same lot therewith. Subject to limitations herein, accessory buildings and uses are permitted in all zones.

B.        Location requirements and standards An accessory building shall not be located

within a required street (front or street side) setback; shall be subject to the side setback standards of the underlying zoning district; shall be set back at least seven and one-half (7.5) feet from a rear lot line; shall not be located within any public easement or over any known utilities or septic system lines; and shall not occupy more than ten percent (10%) of the lot area, or more of the lot than is covered by the principal use, whichever results in less lot coverage. Accessory buildings,

in all zones except A zones, shall not exceed the floor area of the principal use. Unless otherwise provided herein and provided site visibility is not obstructed, signs, fences and walls shall be allowed within setbacks.

An accessory building attached to a main building shall be made structurally a part and have a common wall with the main building, and shall comply in all respects with the requirements applicable to the principal building. Provided detached, open-sided carports maybe located in the side yard no closer to the front lot line than the front building line of the principal building, and provided required side setbacks are met. Unless attached to the principal structure, accessory buildings shall be located at least ten (10) feet from any other structure.

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With regard to height limitations, accessory structures in residential districts shall not exceed twelve (12) feet in height, measured from the eave, and in commercial and industrial districts such structures shall not exceed twenty-five (25) feet in height or the height of the principal structure on the lot.

C.        Residential accessory uses Residential accessory uses shall include the following

accessory uses, activities, facilities, and structures:  accessory dwelling units (subject to limitations outlined in (a) below); fences and walls; garages, carports, and off-street parking and loading areas; gardens; gates and guardhouses; home occupations (subject to limitations and requirements of (b) below); playhouses, patios, cabanas, porches, gazebos and household storage buildings; radio and television receiving antennas; recreational and play facilities for residents; storm and fallout shelters; and other necessary and customary uses determined to be appropriate, incidental, and subordinate to the principal use on the lot.

A nameplate sign, that is, a sign bearing the name and/or address, occupation, and

communication number of a person or use occupying the premises, shall be permitted as a residential accessory use. Such sign shall be unanimated and non-illuminated, not over two (2) square feet in area, and placed flat against a wall or door of the principal building. In addition, a real estate sign, that is, a temporary sign advertising, the premises for lease, rent, or sale, is also permitted as an accessory use. Such sign shall be unanimated and non-illuminated, shall not

exceed six and one-fourth (6 ¼ ) square feet in area, and shall not be placed on public right-of-way.

1.         Accessory dwelling unit Accessory dwelling units may be allowed as a conditional use in A, R-E, and R-l districts, provided that the dwelling unit is used to house immediate family members or employees who work on site. Accessory dwelling units shall not be used for general rental purposes.

2.         Home occupations permitted A home occupation shall be allowed as an accessory use in residential districts subject to compliance with the following requirements which are intended to balance protection of residential character with enabling residents to work from home:

(a)        The home office or business is clearly secondary to the use of the dwelling as a residence and does not change the residential character or appearance of the dwelling or lot in any visible manner, provided a nameplate sign as described above shall be

permitted.

(b)        The work done in the home office or business creates no objectionable odor, noticeable vibration, or offensive noise that increases a level of ambient sound at the property lines.

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(c)        The home office or business does not involve the external display of goods or services, and does not cause unsightly conditions or waste visible from off the property.

(d)       The home office or business does not cause interference with radio or television reception in the vicinity.

(e)        Permitted home occupations shall not include the employment of any persons not residing on the premises in the performance of the occupation.

(f)        The home office or business sells no articles on the premises that are not produced on the premises.

(g)        A home occupation shall be carried on wholly within the principle residential structure. No home occupations shall be allowed in accessory buildings or garages.

(h)        The home office or business occupies no more than twenty-five percent (25%) of the total floor area of the residence.

(i)         There shall be no external alteration of the dwelling nor storage of supplies or equipment outside.

(j)         Not more than one (1) track of not more than one and one-half

( ½ %) ton capacity, and no semi-trailers incidental to the home occupation shall be kept on the premises.

(k)        Customers may visit the site only during the hours of 8 am to 8 pm, and no more than six (6) customers or clients may visit the site in any single day.

(l)         Parking to serve a home occupation shall be provided off-street, and no such parking shall be permitted in a required setback other than in a driveway. In no event shall yard areas be converted to off-street parking to serve a home occupation,

3.         Home occupations prohibited Prohibited home occupations include, but are not limited to the following:

(a)        Barber and beauty shops.

(b)        Dispatch centers, where workers come to the site to be dispatched to other locations.

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(c)        Commercial stables, kennels, and animal boarding and care facilities.

(d)       Assembly or repair of large appliances.

(e)        Repair or assembly of vehicles or equipment with internal combustion engines or any other work related to motor vehicles and their parts.

4.         Garage sales Garage sales, also commonly called rummage or yard sales, are permitted as accessory uses provided they meet the following requirements:

(a)        Each such sale shall be registered in writing or by telephone with the zoning official.

(b)        Each property address and/or person shall be limited to no more than four (4) such sales per year.

                                   (c)        Sales shall not last longer than two (2) consecutive days.

(d)       Sales are conducted on the owner's property. Multiple family sales are permitted if they are held on the property of one of the participants.

(e)        No goods purchased for resale may be offered for sale.

(f)        No consignment goods may be offered for sale.

(g)        Directional and advertising signs, not larger than four (4) square feet, shall be freestanding. that is they shall not he placed on traffic or official signs, utility poles or trees and shall be removed promptly after completion of the sale.

D.        Non-residential accessory uses Non-residential accessory uses are allowed only in association with permitted, non-residential principal uses and shall include, but not be limited to, the accessory uses, activities, facilities, and structures enumerated below. Such uses shall not be allowed if such would cause or increase parking non-conformity for the principal use. Such use may also necessitate additional required parking because of its own nature or character. Accessory uses shall not occupy required parking areas or off-street parking areas (spaces or

isles) approved as part of a site plan. Non-residential accessory uses include:

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1.         Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients, or visitors to the principal use.

2.         Dwelling units, other than mobile homes, when used or intended to be used for security or maintenance personnel.

3.         Guardhouses, gates, fences and walls.

4.         Offices for allowed business and industrial uses when the office is located on the same site as the principal use.

5.         Parking garages, and off-street parking and loading facilities.

6.         Radio, and television receiving antennas.

7.         Restaurants, newsstands, gift-shops, swimming pools, tennis courts, workout rooms, club and lounges when in a permitted hotel, motel or office building.

8.         Sale of goods produced as a part of allowed industrial activities when on the same site as the principal industrial use.

9.         The storage of merchandise when located within the same building as the principal business.

10.       On-premise commercial bulletin, nameplate, and real estate signs provided such are non-flashing.

11.       Other necessary and customary uses determined to be appropriate, incidental and subordinate to the principal use on the lot. (Ord. No. 2007-13, Sec. 7.)

14.04.08 Special condition applicable to certain uses

A.        General Uses permitted or those permitted subject to conditional use approval shall be subject to the requirements of the district provisions as supplemented or modified by this chapter.

B.        Adult entertainment All adult entertainment uses shall be subject to the following standards:

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1.         Separation from other adult entertainment uses The building housing an adult entertainment use shall not be located within two thousand six hundred forty (2,640) feet of any other adult entertainment use. This 2,640' area shall be defined by a radius of 2,640’ measured from the exterior wall of the subject buildin, certified by a licensed surveyor.

2.         Separation from other uses The building housing an adult entertainment use shall be located at least one thousand three-hundred and twenty (1,320) feet from the following uses: church; library; day care center; elementary, middle or high school, and single-family, duplex or multi-family residential uses. This distance shall be defined by a radius of one thousand three hundred and twenty (1,320) feet measured from the exterior wall of the subject building certified by a licensed surveyor.

3.         Prohibited activities An adult entertainment use shall not be conducted in any manner that provides the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," from any public right-of-way. This provision shall

apply to any and all displays, decorations or show windows.

C.        Wrecker service A wrecker service is a business enterprise from which wrecker

vehicles are dispatched to tow or haul inoperable or wrecked motor vehicles, and may or may not include the temporary storage, for a period not to exceed thirty-(30) days of such vehicles. All temporary storage of said wrecked or inoperable motor vehicles shall be screened entirely within an enclosed opaque fence or wall, except driveway areas, from six (6) to eight (8) feet in height, and containing no advertising thereon. Temporary storage between the street and such fence or on street right-of-way is expressly prohibited. A period of eighteen (18) months from the effective date of these regulations shall be allowed for existing uses to comply with these screening requirements. After this period those not in compliance shall be deemed in violation.

D.        Wrecking, salvage, and junkyards Because of the nature and character of their

operations, motor vehicle wrecking and salvage yards, junkyards, and similar uses of land can have a serious detrimental effect upon surrounding properties.   Salvage and wrecking yards tend to create problems of noise, dust, traffic, and health hazards, and may adversely affect property values by their general appearance. For the purpose of evaluating whether the proposed utilization of land for a vehicular wrecking or junkyard properly minimizes its objectionable

characteristics, the standards established below shall be used.

1.         Location Because of the tendency of salvage yards to promote the breeding of vermin, no such operation shall be permitted closer than three hundred (300) feet to any residential district

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2.         Screening The interior area of any existing salvage or wrecking operation shall be screened from view by fencing, not to exceed eight (8) feet in height, within eighteen (18) months after the effective date of these regulations, and wrecking yards shall be so screened as a condition of approval. Such screening shall be uniform, consistent, and neat in appearance, and shall be properly maintained during the life of the use. No advertising, with the exception of one (1) identification sign not exceeding twelve (12) square feet, shall be placed on said screening.

Storage between, the street and such screening is expressly prohibited, as is the stacking of such vehicles above or beyond such screening.

E.         Car washes Car washes and similar such establishments shall provide paved parking for at least five (5) vehicles, plus fifty (50) feet of stacking space for vehicles. Where any such use is located on a lot abutting a residential district, and where any part shall be built along such line, any entrance or exit shall be by way of a major street. Wastewater from such establishments shall not be allowed to run into the street or storm sewer; rather, such discharge of wastewater shall be into, a sanitary sewer.

F.         Emergency housing units Emergency housing units may be approved as

conditional uses in R-E and R-l districts, for the purpose of providing temporary

accommodations for persons in need of daily assistance due to health reasons. The following regulations shall apply to emergency housing units:

1.         Hardship Before approving a conditional use for an emergency housing unit, the Planning Commission shall determine that the applicant has a special need to provide temporary, nearby living quarters for a relative who needs daily assistance due to health reasons. The applicant shall provide proof of such hardship evidenced by a letter from a physician or other appropriate professional. The Commission shall also determine that allowing an emergency housing unit would alleviate a social, economic or physical hardship for the resident of the principal dwelling or the resident of the emergency unit consideration of the effect on adjoining property shall also be factored into the commission's decision. A permit granted for such purposes shall expire no later than one (1) year from the date of approval. The Commission may approve a one-time extension of up to one (l) year of this period if the applicant applies for such extension within the original one year tune period.

2.         Unit type Only manufactured housing units may be approved for emergency placement.

3.         Removal Upon expiration of a conditional use permit for an emergency housing unit, the unit shall be promptly vacated and within ninety (90) days of permit expiration, be removed from the premises.

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4.         Utilities The housing unit shall be connected to all appropriate and necessary utilities to insure a safe and healthy living environment.

G.        Floodplain development The designated floodplain area is inclusive of all land

within the city subject to inundation by floodwater. The source of this delineation shall be the Federal Emergency Management Agency's scientific and engineering report entitled The Flood Insurance Study for Washington County, Arkansas and Incorporated Areas including the flood insurance rate maps for the city of Johnson.

The uses of and/or development of land within the designated floodplain area shall be only those uses and structures permitted in the specific district regulations for the zone in which the proposed use and/or development is to be located. For the purposes of administration and review of applications for the use and/or development of land within designated floodplain areas, the city of Johnson's Flood Damage Prevention Code is deemed the governing regulations.

H.        Manufactured housing parks Manufactured housing parks may be permitted .as

conditional uses in R-M districts. The following minimum standards apply to new parks, and expansions of existing parks:

1.         Setbacks Each manufactured housing unit space shall be set back at least thirty (30) feet from all street right-of-ways and at least twenty (20) feet from all other lot lines.

2.         Minimum lot size and space size Manufactured housing parks shall contain at least four thousand three hundred fifty (4,350) square feet of gross site area for each manufactured housing unit space within the park. Each individual manufactured housing unit space shall be at least three thousand (3,000) square feet in area, but shall not occupy more than fifty percent (50%) of the lot area.

3.         Separation of units   Each manufactured housing unit and accessory structure shall be separated by at least twenty (20) feet of horizontal distance from all other manufactured housing units and accessory structures.

4.         Parking At least two paved parking spaces, one hundred eighty (180) square feet in area in each space, shall be provided as a part of each manufactured housing unit space. To provide for guests, one additional paved parking space at least one hundred eighty (180) square feet in area

shall be provided for each ten (10) manufactured housing unit spaces. These guest parking spaces shall be centrally located within the park. No on-street parking will be allowed. All drive aisles and streets shall be clearly marked with signs strictly prohibiting on-street parking.

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5.         Driveways

(a)        Length and design Internal driveways or courts designed to have one end permanently closed, shall be no more than four hundred (400) feet long unless approved by the Planning Commission. A turn-around having an outside roadway diameter of at least eighty (80) feet shall be provided at the closed end of any driveway.

(b)        Paving All internal driveways shall be paved with asphalt. The minimum requirements are six (6) inches of compacted SB2 gravel with three (3) inches of asphalt surface on firm subgrade. Property owners shall be responsible for maintaining paving on all internal driveways.

(c)        Width Drives shall have a minimum paved width of twenty-six (26) feet. One-way drives are specifically prohibited.

6.         Signs One detached, indirectly illuminated sign not exceeding twenty (20) square feet in area may be erected at the main entrance to the manufactured housing park.

7.        Refuse collection facilities Refuse collection facilities and/or provisions shall be indicated on the site plan and shall be provided in accordance with city standards. There shall be opaque screening on three (3) sides of dumpsters.

8.         Fire protection Fire lines and fire hydrants shall be shown on the site plan and shall be provided in accordance with recommendations of the Fire Chief. No manufactured housing unit space shall be more than two hundred fifty (250) feet from a fire hydrant.

9.         Water and wastewater service Each manufactured housing unit shall be connected to a public sanitary sewer and a public water supply system.

10.       Underground utilities All light, gas, water, telephone and cable television

distribution and service lines to each individual manufactured housing unit shall be placed underground and conform to all state and local codes and regulations.

11.       Inspections It shall be the duty of the Building Inspector to make an annual inspection of each approved manufactured housing park, and present to the park owner and unit owner, a written list of existing violations, should there be any.

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12.       Resident managers In manufactured housing parks containing thirty (30) or more units, a manager must reside within the park area,

I.          Manufactured housing units Manufactured housing units—those that do not meet

the definition of manufactured housing unit, residential design—shall be considered permitted uses only in manufactured housing parks. Such units may, however, be allowed in R-M districts upon conditional use approval. No permit or other approval shall be granted for the placement of a mobile home in the corporate limits.

J.          Manufactured housing units, residential design Compliance with all of the

standards of this section is required in order for a manufactured housing unit to be classified as a residential design, manufactured housing unit.

1.         Size

(a)        The minimum width of a residential design, manufactured housing unit shall be twenty-four (24) feet with width measured perpendicular to the longest axis at the narrowest part.

(b)        The length of a residential design, manufactured housing unit, shall not exceed four (4) times its width, with length measured along the longest axis.

(c)        A residential design, manufactured housing unit shall have a minimum area of one thousand two hundred (1,200) square feet (enclosed and heated living, area).

2.         Roof

(a)        Pitch The roof must be predominantly double-pitched and have a minimum vertical rise of four (4) inches for every twelve (12) inches of horizontal run.

(b)        Materials The roof must he covered with material that is customarily used on site-built housing units. Customary materials include asphalt composition or fiberglass shingles.

(c)        Eaves The roof shall have a minimum eave projection and roof overhang of ten (10) inches which may include a gutter.

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3.         Siding

(a)        Materials Exterior siding must be of a material customarily used on site-built housing units. Customary materials include wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco, or similar materials. Customary materials do not include smooth, ribbed or corrugated metal or plastic panels or material that has a high gloss finish.

(b)        Design and placement Siding material shall extend below the top of the foundation or curtain wall or the joint between the siding and enclosure wall shall be flashed in accordance with the city's adopted Building Code.

4.         Installation of unit

(a)        Guidelines The unit shall be installed in accordance with the recommended installation procedures of the manufacturer and the standards established by the International Building Code, as adopted by the state of Arkansas as well as those established by the Arkansas Manufactured Home Commission.

(b)        Foundation A continuous, permanent concrete or masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, which may include walk-out basements and garages, shall be installed under the perimeter of the unit, also in

accordance with the above referenced requirements.

5.         Entrance landing area At the main entrance door to the unit, there shall be a landing that is a minimum of five (5) square feet, constructed in accordance with Building Code requirements.

6.         Transport equipment All running gear, tongues, axles, and wheels must be removed at the time of installation of the unit on the lot.

7.         Finished floor elevation The finished floor of the unit shall meet the manufacturer's specifications unless the unit is located in a floodplain in which case floodplain regulations shall rule.

8.         Additions Attached additions and detached garages shall comply with the Building Code and floodplain regulations if applicable. All standards of this section shall apply to such additions and garages.

K.        Prohibited signs Outdoor advertising signs, also known as billboards, and portable signs, as well as flashing and animated signs are expressly prohibited in all districts.   (Ord. No. 2007-13, Sec. 8.)

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14.04.09 General standards

A.        Off-street parking and loading

1.         Applicability Off-street parking and loading shall be provided in accordance with the regulations of this section for all new development, and for any existing development that is altered in a way that enlarges or increases capacity by adding or creating dwelling units, guest rooms, floor area or seats.

2.         Parking and loading schedules

(a)        Off-street parking schedule A Off-street parking spaces shall be provided in accordance with the following off-street parking schedule ("Schedule A"). In some cases the applicable off-street parking space requirement in Schedule A refers to Schedule B.

The number of parking spaces required for a use not listed herein shall be the same as for a similar use that is listed. When the required number of spaces cannot be ascertained by this method, or if the applicant and the city staff cannot agree, the matter shall be

submitted for Planning Commission determination. Such determination shall be subject to appeal to the City Council.

SCHEDULE A

 

RESIDENTIAL USES                                 NUMBER OF SPACES REQUIRED

Single-family detached                                   2 per dwelling unit

Single-family attached                                    2 per dwelling unit

Duplex                                                            2 per dwelling unit

Multi-family                                                    1.25 per efficiency unit

                                                                        1.75 per one-bedroom unit

                                                                        2.25 per two-bedroom unit

Manufactured housing (all)                             2 per dwelling unit

Manufactured housing park                            2 per unit, plus 1 for each 10 units

Zero lot line single-family                               2 per dwelling unit

CIVIC AND COMMERCIAL USES        NUMBER OF SPACES REQUIRED

Animal care, general                                       1 per 400 sq. ft.

Animal care, limited                                        1 per 300 sq. ft.

Auditorium, arena, theater                              1 for each 4 seats, based on maximum capacity

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Bank of financial institution                           1 per 300 sq. ft.

Bed and breakfast                                           2 per building, plus 1 per guest room

Church                                                            1 for each 4 seats in the sanctuary (sharing possible)

College or university                                       1 per 300 sq. ft. or 1 for each 2 student, whichever is greater

Communication tower                                    1 space (plus office space, if on-site)

Construction sales and service                        Spaces to be provided pursuant to Schedule B

Convenience store                                           1 per 200 sq. ft.

Day care, limited or general                            1 per employee and/or attendant, plus 2 spaces

Funeral home                                                  1 for each 4 chapel seats, plus 1 per employee

Government service                                        1 per 300 sq. ft.

Hospital                                                           1 per each 3 beds, plus 1 for each 3 employees

Hotel or motel                                                 1 per guest room, plus 1 per 1o guest rooms

Library                                                            1 per 500 sq. ft.

Medical service                                               6 per doctor or dentist

Museum                                                          1 per 500 sq. ft.

Office, general                                                1 per 300 sq. ft.

Recreation/entertainment, indoor                   1 per 400 sq. ft.

Recreational vehicle park                                1 per camping space

Restaurant, fast food                                      1 per 75 sq. ft. of customer service/dining area;

                                                                        1 per 100 sq. ft. if no such service/dining area

Restaurant, general                                         1 per 150 sq. ft. for first 2,500 sq. ft., plus

                                                                        1 per 100 sq. ft. over 2,500 sq. ft.

Retail/service, general                                     1 per 250 sq. ft.

Retail/service, furniture and bulky items        Spaces to be provided pursuant to Schedule B

School, nursery, elementary and middle         1 per staff and employee, plus 1 space per classroom

School, high                                                    1for each 3 student, plus 1.5 per classroom

Service station                                                 2 per service bay, plus 1 per pump

Vehicle and equipment sales                           Spaces to be provided pursuant to Schedule B

Vehicle repair, general or limited                    5 per service bay

Vocational school                                           1 per 3 students, plus 1 per faculty member

Warehouse, residential (mini) storage             1 for each 5 storage bays, or 1 per 1,000 sq. f t. whichever is greater

INDUSTRIAL AND

MANUFACTURING USES                       NUMBER OF SPACES REQUIRED

Asphalt or concrete plant                                Spaces to be provided pursuant to Schedule B

Auto wrecking or salvage yard                       Spaces to be provided pursuant to Schedule B

Manufacturing, general                                   Spaces to be provided pursuant to Schedule B

Manufacturing, limited                                   Spaces to be provided pursuant to Schedule B

Research service                                              1 per 300 sq. ft.

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Warehousing                                                   spaces to be provided pursuant to Schedule B

Welding or machine shop                               1 per 1,000 sq. ft. or 1 per employee, whichever is greater

(b)        Off-street parking Schedule B Off-street parking for Schedule B uses shall be provided in accordance with the following table:

ACTIVITY                                                    NUMBER OS SPACES REQUIRED

Office or administrative area                          1 per 300 sq. ft.

Indoor sales, service or display area               1 per 500 sq. ft.

Outdoor sales, service or display area             1 per 750 sq. ft.

Manufacturing area                                         1 per 1,000 sq. ft.

Indoor storage, warehousing, or

equipment servicing                            1 per 5,000 sq. ft. unless number of employees and visitors requires greater

(c)        Off-street loading schedule Off-street loading spaces shall be provided in accordance with the following minimum standards:

OFF-STREET LOADING SCHEDULE

FLOOR AREA (SQUARE FEET)             MINIMUM OFF-STREET LOADING REQUIREMENT

Retail and service, warehouse, wholesale, and manufacturing uses

3,000 to 25,000                                               1

25,001 to 85,000                                             2

65,001 to 155,000                                           3

155,001 to 235,000                                         4

235,001 to 325,000                                         5

325,001 to 425,000                                         6

425,001 to 535,000                                         7

535,001 to 655,000                                         8

655,001 to 775,000                                         9

775,001 to 925,000                                         10

925,001 or more                                              10, plus 1 per 2000,000 sq. ft. above 925,001

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Office, nursing home, hospital, hotels and institutions

3,000 to 100,000                                             1

100,001 to 335,000                                         2

335,001 to 625,000                                         3

625,001 to 945,000                                         4

945,001 or more                                              5, plus 1 per 500,000 sq. ft. above 945,001

3.         Computing off-street parking and loading requirements

(a)        Multiple uses Lots containing more than one use shall provide parking and loading in an amount equal to the total of the requirements for all uses.

(b)        Fractions When measurements of the number of required spaces result in fractions. Any fraction of one-half or less shall IDC disregarded and any fraction of more than one-half shall.be rounded upward to the next highest whole number.

(c)        Area Unless otherwise noted in these provisions all square footage-based parking and loading standards shall be computed on the basis of gross floor area.

(d)       Employees, students and occupant-based standards For the purpose of computing parking requirements based on the number of employees, students, residents, or occupants, calculations shall be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated capacity, whichever is applicable and whichever results in the greater number of spaces.

(e)        American's with Disability Act Requirements (ADA) Pursuant to federal ADA standards a portion of the total number of required off-street parking spaces in each off-street parking area shall be specifically designated, located and reserved for us by persons with physical disabilities. Responsibility for compliance with ADA, in all respects, shall rest with the applicant.

4.         Location and design of off-street parking and loading spaces

(a)        On-site Except as otherwise specifically provided required off-street parking and loading spaces shall be located on the same lot as the principal use.

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(b)        Right-of-way Off-street parking spaces shall be prohibited within the public right-of-way, and no portion of the abutting street right-of-way shall, except for the driveway, be paved-or used in any manner except as green area.

(c)        Setbacks

(1)        In R-E, R-l, R-2, R-3, and R-4 districts required off-street parking shall not be located within a public right-of-way. In no case shall the parking obstruct sidewalks or site visibility.

(2)        Where parking is to be provided in the front setback of a multi-family dwelling, there shall be established a landscaped buffer of ten (10) feet between the front lot line and the parking. The landscape buffer shall be prepared and planted with grass, shrubs, trees, or ground cover not inconsistent with other landscaping provisions contained herein and protected by interior curbing.

(3)        In all commercial and industrial districts required-parking is allowed within the street setback, however, public right-of-way except for the driveway shall not be graveled or hard-surfaced.

(d)       Ingress and egress Off-street parking and-loading spaces shall be designed to permit exiting vehicles to enter the public right-of-way in a forward motion. No off-street parking or loading space shall be allowed that requires vehicles to "back" onto a public right-of-way, except single family and duplex residential development on local and collector streets

(e)        Surfacing AH required off-street parking and loading spaces, and the driveways serving-off-street parking and loading spaces, shall be paved with asphalt, concrete, or brick, provided driveways serving single-family dwellings shall only be required to be paved the first fifty (50) feet as measured from the street.   The area of a driveway located between the edge of the street and the property line shall also be paved.

(f)        Drainage All off-street parking and loading areas shall be designed with drainage facilities adequate to dispose of all stormwater and to not increase the stormwater runoff onto the surface of adjoining properties or streets.

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(g)        Curbing The perimeter of all off-street parking and loading areas and their access drives shall be curbed with the exception of single-family and duplex residences. Landscape islands and other interior features within parking lots shall also be protected

by curbs. In addition, the principal building on the lot shall be protected by curbs and/or raised walkways. Rollover curbs shall not be permitted, and wheel stops are expressly prohibited as alternatives to meeting curbing requirements. The area between the curb and the property line, except for the driveway(s) shall be maintained as green space.

(h)        Striping Off-street parking areas containing five (5) or more spaces shall have parking spaces delineated by pavement striping.

(i)         Parking space dimensions   Off-street parking spaces shall contain a minimum area of at least one hundred seventy-one (171) square feet, with a minimum width of nine (9) feet and a minimum length of nineteen (19) feet.

(j)         Accessibility ADA requirements for persons with disabilities in parking lots and building approaches shall be as required by current ADA and may from time to time be amended. Required accessible spaces shall be per the following table.

ACCESSIBLE SPACES REQUIRED

Total parking spaces                                     Minimum number of accessible spaces required

1-25                                                                 1

26-50                                                               2

51-75                                                               3

76-100                                                             4

101-150                                                           5

151-200                                                           6

201-300                                                           7

301-400                                                           8

401-500                                                           9

501-1,000                                                        2% of all spaces

Over 1,000                                                      20 spaces plus 1 space for each 100 spaces over 1,000

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(k)       Loading space-dimensions Off-street loading spaces shall be at least fourteen (14) feet by forty-five (45) feet in size with a minimum height clearance of eighteen (18) feet.

(l)         Aisle dimensions Drive aisles within off-street parking lots shall comply with the following minimum width requirements:

 

 

Parking Angle                       One-Way Aisle                       Two-Way Aisle

90°                                           24’                                           24’

60°                                           20’                                           24’

45°                                           20’                                           24’

30°                                           20’                                           24’

(m)       Timing of construction All required parking and loading spaces, driving aisles, and access ways shall be constructed prior to the issuance of a certificate of occupancy, provided that a temporary certificate of occupancy may be issued by the city's inspection

department if it is determined, based on information provided by the applicant that inclement weather or other factors beyond the control of the applicant have prevented compliance with this “timing" requirement. Before approval of a temporary certificate of

occupancy the parking area subgrade and (SB2) stone base shall be compacted in accordance with the city's construction standards. The temporary certificate of occupancy shall expire at the end of one hundred twenty (120) days or within such shorter time frame specified by the inspection department at the time of approval of the certificate.

(n)        Use of off-street parking and loading spaces Required off-street parking spaces shall be used solely for the parking of motor vehicles in operating condition and shall not be used for the storage of vehicles, boats, motor homes, campers, mobile homes,

materials, tractor trailers or other temporary storage unless they are located in a designated staging area and are screened, fenced or otherwise fully shielded from public view.

5.         Off-site parking Required off-street parking shall be located on the same lot as the use it is intended to serve, provided that a portion, not to exceed twenty-five percent (25%), of the required off-street parking spaces may be located on a remote and separate lot from the lot on which the principal use-is located if the off-site parking complies with the following standards:

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(a)        Ineligible activities Off-site parking shall not be used to satisfy the off-street parking standards for residential uses, restaurants, convenience stores, or other convenience oriented uses.

(b)        Location No off-site parking area shall be located more than eighty (80) feet from the required parking lot of the use served unless a shuttle service is provided. Distance shall be measured along the shortest legal, practical walking route.

(c)        Zoning classification Off-site parking shall require as a minimum the same zoning classification for the use served or a more intensive zoning classification than the use served.

(d)       Agreement for off-site parking   In the event that an off-site parking area is not under the same ownership as the principal use served, a written agreement shall be required. An attested copy of the agreement between the owners of record shall be submitted to the zoning official for recording. In addition, whether under the same ownership or not, a legal document to prevent development of the off-site parking area shall be executed and recorded. Recording of the agreement(s) shall take place before issuance of a building permit for any use to be served by the off-site parking area, or in the case of an existing building, prior to issuance of a certificate of occupancy.

6.         Shared parking The zoning official, subject to appeal to the Planning Commission, may authorize a reduction in the number of required parking spaces for multiple use developments, and for uses that are located near one another that have different peak parking demands and operating hours. Shared parking shall be subject to the following standards:

(a)        Location Shared off-street parking spaces shall be located no farther than three hundred (300) feet from the building and uses they are intended to serve unless shuttle service is provided. .

(b)        Study An acceptable parking study shall be submitted which clearly establishes that uses will make use of the shared spaces at different times of the day, week, month, or year.

(c)        Agreement A shared parking plan shall be enforced through written agreement. Proof of recording of the agreement shall be presented prior to issuance of a building permit

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(d)       Revocation of Certificate of Occupancy Failure to comply with the shared parking provisions of this article shall constitute a violation of these regulations, and shall specifically be cause for revocation of a certificate of occupancy.

7.         Outdoor marking/storage of boats, trailers, and recreational vehicles One boat, trailer and/or recreational vehicle may be parked outdoors on a lot in a residential district provided that:

(a)        The boat, trailer or recreational, vehicle is owned and used by president of the premises.

(b)        The boat, trailer or recreational vehicle is not parked in the area between the front of the residence and the street or other area between the structure and the street except for the purpose of loading or unloading, during a period of less than, eight (8) hours.

(c)        The boat, trailer and/or recreational vehicle is located in the side or rear yard;

(d)       The boat, trailer and/or recreational vehicle is not used for living, sleeping or housekeeping purposes; and

(e)        The boat, trailer or recreational vehicle is currently registered and licensed as required by state law.

8.         Vehicle stack space for drive-thru facilities In addition to meeting the off-street parking requirements of the section, establishments with drive-thru, facilities shall comply with the following minimum vehicle stack space standards:

.

(a)        Stack space schedule

(1)        Fast-food restaurants, one hundred ten (110) feet as measured from the order station.

(2)        Banks, seventy (70) feet as measured from the-teller drop.

(3)        Automatic car washes, fifty (50) feet as measured from the entrance.

(4)        Other uses, thirty (30) feet as measured from the pick-up window.

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(b)        Design and layout Vehicle stack spaces shall be subject to the following design and layout standards.

(1)        Stack spaces shall be designed so as not to impede pedestrian access to the building on and off-site traffic movements or movements into or out of parking spaces.

(2)        Stack space lanes shall be a minimum of eight (8) feet wide and shall be separated from other internal driveways with painted lines or curbing.

B.        Driveways and access—multi-family and non-residential uses The following

standards shall apply to all driveways providing access to multi-family and nonresidential uses:

1.         General standards

(a)        Access to property shall be allowed only by way of driveways and no other portion of the lot frontage shall be used for ingress or egress. Continuous curb cuts are prohibited.

(b)        Driveway design shall be such that minimization of interference with through street traffic is achieved, and shall be subject to site plan approval. The types of vehicles that a driveway is intended to serve shall be a prime factor in determining the acceptable radii

of driveways.

(c)        Provisions for circulation between adjacent parcels should be provided through a coordinated or joint parking system.

2.         Driveway spacing

(a)        Arterial streets Direct access to any arterial street shall be limited to the following restrictions:

(1)        Spacing from signalized intersections All driveways providing access to arterial streets shall be constructed so that the point of tangency of the curb return radius closest to a signalized or stop sign-controlled intersection is at least one hundred twenty (120) feet from the perpendicular curb face of the intersecting street. In the event that this standard cannot be met because of an unusually narrow or shallow lot size, a reduction in spacing may be approved as long as the reduction does not result in an unsafe traffic condition.

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(2)        Spacing from other (non-signalized) access points All driveways providing access to arterial streets shall be constructed so that the point of tangency of the curb return radius closest to any non-signalized street or driveway intersection, is at least eighty (80) feet from the perpendicular curb face of the intersecting street or driveway. In the event that this standard, cannot be met because of an unusually narrow or shallow lot size, a reduction in spacing maybe approved as long as the

reduction does not result in an unsafe traffic condition.

(b)        Collector streets Direct access to collector streets shall be                                        regulated in accordance with the following standards:

(1)        Spacing from signalized intersections All driveways providing access to collector streets shall be constructed so that the point of tangency of the curb return radius closest to a signalized or stop sign-controlled intersection, is at least one hundred twenty (120) feet from the perpendicular curb face of an intersecting arterial street and eighty (80) feet from the perpendicular curb face of an

intersecting collector or local street. In the event that this standard cannot be met because of an unusually narrow or shallow lot size, a reduction in spacing may be approved as long as the reduction does not result in an unsafe traffic condition.

(2)        Spacing from other (non-signalized) access points All driveways providing access to collector streets shall be constructed so that the point of tangency of the curb return radius closest to a non-signalized street or driveway intersection is at least eighty (80) feet from the perpendicular curb face of the intersecting street or

driveway. In the event that this standard cannot be met because of an unusually narrow or shallow lot size, a reduction in spacing may be approved as long as the reduction does not result in an unsafe traffic condition.

(c)        Driveways per parcel

(1)        At least one driveway shall be permitted for any lot shared driveways shall be recommended for lots that have less than one hundred twenty (120) feet of frontage.

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(2)        Individual driveways shall be located a minimum of ten (10) feet from the side property lines. A separation of at least twenty (20) feet is required between the driveways on one lot and the driveways on the adjacent lots. Driveways on the same lot shall be no closer than fifty (50) feet to each other.

(3)        Driveways on corner lots shall be located as far away from the intersection as possible. In no case shall a driveway be installed closer than five (5) feet to the beginning of the curb radius.

(d)       Ingress/egress driveway width The width of the driveway throat shall not exceed forty (40) feet in width. Driveway lanes shall be a minimum of thirteen (13) feet in width and shall not have more than three (3) lanes in one entrance/exit.

C.        Landscaping and screening   This section sets out the minimum landscaping and

screening requirements for new development in the city.

1.         Applicability exemptions The following shall be exempt from the                                       standards of this section:

(a)        Residential The A, R-E, R-l, R-2, R-3, and R-4 districts shall be exempt from all standards of this section provided such standards shall apply to manufacturing home parks.

(b)        Existing development--changes in use Improvements or repairs to existing developments that do not result in an increase in floor area, and changes in use that do not result in an increase in intensity shall also be exempt from all standards of this section.

2.         General landscaping requirements   In the absence of a landscape plan approved by the Planning Commission, the following general landscaping requirements shall apply to all development.

(a)        Landscaping required All multi-family development of five (5) units or more, and all commercial development shall be required to provide at least one (1) tree and three (3), five (5) gallon shrubs per unit within the development.

(b)        Location Landscaping required pursuant to this section shall be installed between the property line and the required street setback areas. This requirement is in addition to the parking landscape buffer requirements.

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(c)        Irrigation All landscape areas shall be provided with an adequate means of irrigation either through hose bibs or an automatic irrigation system.

3.         Parking lot landscaping In the absence of a landscape plan approved by the Planning Commission, the parking lot landscaping standards of this section shall apply to the interior of all off-street parking areas containing more than ten (10) off-street parking spaces. They shall not apply to vehicle and equipment sales lots or storage areas, multi-level parking structures, or areas devoted to drive-thru lanes.

(a)        Relationship to other landscaping standards Trees provided to meet the above general landscaping requirements may not be used to meet a development's parking lot landscaping requirements.

(b)        Required landscaping In the absence of a landscape plan approved by the Planning Commission, at least one (1) tree and three (3), five (5) gallon shrubs shall be provided for each ten (10) parking spaces and fraction thereof within an off-street parking area. Off-street parking areas shall be buffered from public right-of-ways and adjacent properties with a minimum of a five (5) foot green space planted with a minimum of one (1) tree and three (3) shrubs per twenty-five feet of lineal required buffer area.

(c)        Location Required landscaping shall be reasonably dispersed throughout off-street parking areas.

(d)       Planting areas Planting areas that contain trees shall be at least seven (7) feet wide and protected by raised curbs to prevent damage by vehicles.

4.         Dumpster screening  Dumpsters located in any district shall be completely screened from view on three (3) sides by a fence or wall with a minimum height of six (6) feet or one (1) foot taller than the dumpster, whichever is greater. The fence or wall shall provide complete visual screening of the dumpster from three (3) sides, and be compatible in material and color with the principal structure on the lot.

5.         Landscape material standards The following standards shall be considered the minimum required planting standards for all trees and landscape material.

(a)        Plant quality Plants installed to satisfy the requirements of this section shall conform to or exceed plant quality standards employed by nurseries. All plants shall be nursery grown and adapted to the local area.

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(b)        Artificial plants No artificial plants or vegetation shall be used, to meet any standards of this section, unless expressly approved by the Planning Commission.

(c)        Trees

(1)        Types

(a)        Required Where required or permitted, trees shall be of ornamental evergreen, or of the large, deciduous types.

(b)        Prohibited The following trees shall be prohibited and shall not be used to satisfy the landscaping or buffering standards of this section unless approved by the Planning Commission: box elder, soft maple, hackberry, or American elm.

(c)        Species mix When more than ten (10) trees are required to be planted to meet the standards of this section, a mix of species shall be provided. For each ten (10) or fractions thereof, another differing species shall be used.

(2)        Size

(a)        Medium and large deciduous trees Medium and large deciduous trees planted to satisfy the standards of this section shall have a minimum height of eight (8) feet and a minimum diameter of three (3) inch measured at a point that is at least four (4) feet above existing grade level.

(b)        Small deciduous or ornamental trees Small deciduous and ornamental trees planted to satisfy the standards of this section shall have a minimum height of four (4) feet.

(c)        Conifers or evergreens Conifers or upright evergreen trees planted to satisfy the standards of this section shall have a minimum height, after

planting of five (5) feet.

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(d)       Use of existing plant material Trees that exist on a site, prior to its development, may be used to satisfy the landscaping standards of this section provided they meet the size, variety, and location requirements of this section.   Adequate precautions shall be taken during construction activities to protect existing vegetation used to satisfy this landscaping requirement.

6.         Installation, maintenance and replacement

(a)        Installation All landscaping shall be installed according to sound nursery practices in a manner designed to encourage vigorous growth. All landscape material, both living and non-living, shall be in place prior to issuance of a final certificate of occupancy. A

temporary certificate of occupancy may be issued prior to installation of required landscaping if binding, written assurances are submitted, insuring that planting will take place when planting season arrives. A one (1) year landscape replacement bond shall be posted with the city at time of final certificate of occupancy for 100 percent of the replacement value of the required landscaping.

(b)        Maintenance and replacement Trees, shrubs, fences, walls and other landscape features (which includes screening) depicted on plans approved by the city shall be considered, as elements of the project in the same manner as parking, building materials, and other details of the plan are considered elements. The landowner, or successors in interest, or agents, if any, shall be jointly and severally responsible for the following:

(1)        Regular maintenance of all landscaping in good condition, and in a way that, presents a healthy, neat and orderly appearance. All landscaping shall be maintained free from disease, pests, weeds and litter. This maintenance shall

include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance as needed and in accordance with acceptable horticultural practices;

(2)        The repair or replacement of required landscape structures (e.g. fences and walls) to a structurally sound condition;

(3)        The regular maintenance, repair, or replacement, where necessary, of any landscaping required by this section; and

(4)        Continuous maintenance of the site.

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7.         Alternative compliance   Applicants shall be entitled to demonstrate that the intent of this section can be more effectively met, in whole or in part, through alternative means. If approved by the Planning Commission, an alternative compliance, landscape plan may be substituted in whole or in part for landscaping requirements of this section.

(a)        Procedure Alternative compliance landscape plans shall be considered through the site plan review process,

(1)        Review criteria In reviewing proposed alternative compliance landscape plans, favorable consideration shall be given exceptional landscape designs that attempt to preserve and incorporate existing vegetation in excess of minimum standards, and plans that demonstrate innovative design and use of plant materials. Alternative compliance landscape plans maybe approved upon a finding that any of the following circumstances exist on the proposed building site or surrounding properties:

(a)        Natural land characteristics, or existing vegetation on the proposed development site would, achieve the intent of this section.

(b)        Innovative landscaping or, architectural, design is employed on the proposed development site to achieve a buffering effect that is equivalent to the buffering or screening standards of this section.

(c)        The required landscaping or buffering would be ineffective at maturity due to topography, or the location of improvements on the site; or

(d)       The proposed alternative represents a plan that is as good or better than a plan prepared in strict compliance with the other standards of this section.

D.        Corner visibility   On corner lots at intersecting two-way streets, nothing shall be

erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two (2) feet and eight (8) feet above, curb grade within the triangular area formed by an imaginary line that follows street side property lines, and a line connecting them, twenty-five (25) feet from their point of intersection. This sight triangle standard may be increased by the city in those instances deemed necessary for promoting traffic safety, and may be lessened at intersections involving one-way streets.

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E.         Residential compatibility standards The compatibility standards of this section are intended to protect low density residential uses and neighborhoods from the adverse impacts sometimes associated with higher density residential uses and nonresidential development. The standards are intended to mitigate the effects of uses with operating and structural characteristics that are vastly different than those associated with single-family uses.

1.         Applicability (triggering property) Compatibility standards shall apply to all development in the A, R-M, C-l, C-2, and I zoning districts when such development is adjacent to "triggering property," which shall include all property:

(a)        Occupied by a single-family dwelling unit that is a use permitted by-right in the zoning district in which it is located; or

(b)        Zoned in an R-E, R-l, R-2, R-3, or R-4 district.

2.         Exemptions

(a)        Notwithstanding the above applicability provisions, compatibility standards shall not be triggered by property that is public right-of-way, roadway, or utility easement;

(b)        The following uses and activities shall specifically be exempt from

compliance with compatibility standards:

(1)        Construction of a use permitted by-right in an R-E, R-l,

R-2, R-3, or R-4 district;

(2)        Structural alteration of an existing building when such alteration does not increase the building’s square footage or height; and

(3)        A change in use that does not increase the minimum number of off-street parking spaces required.

c)         Setback standards The following setback standards shall apply to all development that is subject to compatibility standards:

(1)        Small sites On sites with twenty thousand (20,000) square feet of area or less that also have less than one hundred (100) feet of street frontage, structures shall be set back from the lot line of triggering property one and one-half times (1½) times the required setback.

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(2)        Large sites On sites with more than twenty thousand (20,000) square feet of area or one hundred (100) feet of street frontage or more, structure shall be set back from the lot line of triggering property a minimum distance equal to twice the required setback for the zone in which the structure is to be located.

(3)        Surface-level parking and driveways Surface level off-street parking areas and driveways shall not be subject to the above setback standards, however such standards shall apply to parking structures. Surface level parking areas shall be set back a minimum of ten (10) feet from the lot

line of triggering property.

(d)       Building height No structure shall exceed thirty-five (35) feet in height with fifty (50) feet from the lot line of triggering property.

(e)        Screening standards Decorative walls, vegetative screening, fencing, or earthen berms shall be provided to completely screen off-street parking areas, mechanical equipment, storage areas, and refuse collection areas from view of triggering property.

(f)        Site design standards The following additional site design standards shall apply to development that is subject to the compatibility standards of this section:

(l)         No swimming pool, tennis court, ball field, or playground area (except those that are accessory to a single-family dwelling unit) shall be permitted within fifty (50) feet of the lot line of triggering property.

(2)        Dumpsters and refuse receptacles shall be located a minimum of twenty-five (25) feet from the lot line of triggering property.

(3)        Exterior lighting shall be designed and located to minimize light spilling onto surrounding property.

F.         Fences Except as otherwise specifically provided in other codes and regulations of the city, the following regulations shall apply to the construction of all fences:

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            1.         Purpose This ordinance is adopted for the following purposes:

a.         To regulate the height and placement of fences in residential, commercial and business districts.

b.         To define the various types of fences.

c.         To establish standards for construction, erection, and maintenance of fences.

2.         Definitions As used in this chapter, the following terms shall have the following meanings “Fence”:

            Fence means a structure, including gates, which is a barrier and used as boundary or means of protection or confinement.

            Open fence means a fence which has over its entirety at least fifty percent (50%) of the surface area in open space as viewed at right angles from the fence, except that the required open space in louver-type fences may be viewed from any angle.

            Solid fence means a fence which conceals from view, from adjoining properties, streets, or alleys activities conducted behind it.

3.         Open fences

a.         Open fences shall not be more than six (6) feet in height in any residential district except that in the front yard the height shall not exceed thirty-six (36) inches. Open fences in any business or manufacturing district shall not exceed eight (8) feet in height. Fences in industrial districts and around tennis courts and other recreational amenities shall be exempt from this height limit. Heights of fences shall be measured at the natural average grade. Open fences may be set on the lot line.

b.         Fence includes gates which are a barrier and used as a boundary or means of protection or confinement, however, shrub fences will not be considered as fences when used as a buffer zone between commercial, industrial, and residential; a solid fence must be constructed where screening is required.

c.         Only open fences shall be permitted in front yards with a maximum height of thirty-six (36) inches except for chain link which may be forty-eight (48) inches.

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                        4.         Solid fences

a.         Solid fences shall not be more than six (6) feet in height in any residential district, or business district and not more than eight (8) feet in height in any manufacturing district. Solid fences may be set on the lot line.

b.         Private swimming pools, hot tubs and spas, containing water more than twenty-four (24) inches (610mm) in depth shall be completely surrounded by a fence or barrier at least forty-eight (48) inches (1,219mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than fifty-four (54) inches (1,372mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six (60 inches (152mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

c.         Solid fences are not permitted in front yards.

                        5.         General

a.         Construction/materials Fences in all residential areas shall be that all horizontal and vertical supports are inside the fenced area or hidden from view of those outside the fenced area. All exposed steel shall be preserved against rust and corrosion.

b.         Design and maintenance All fences shall be maintained in their original upright condition. Painted or other surface finishes shall be maintained as designed. Missing boards, pickets, or posts shall be replaced in a timely manner to match. No fence shall be constructed within a public way; no fence shall be constructed of barbed wire in other than A-1 Zoning Districts, iron ornamental spikes only on six (6) feet tall or taller, nor shall any fence be erected which is connected in any way to any source of electricity; all fence posts shall be decay or corrosion resistant and shall be set in concrete bases.

c.         Fences shall comply with the corner visibility standards of section 153-104.

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d.         Illustrations 1 and 2 as attached hereto and hereby adopted and incorporated as fully as if set forth herein word for word. (Ord. No. 2012-3, Sec. 1.)

G.        Sidewalks

1.         Sidewalks shall be constructed according to city standards and specifications in all new developments.

2.         Construction standards Sidewalks shall be constructed of concrete in accordance with all applicable city standards and specifications, and with all applicable ADA (Americans with Disabilities Act) requirements. .

3.         Timing of installation Required sidewalks shall be installed prior to occupancy of any structure

H.        Drainage and stormwater management Adequate provisions for drainage of

surface water and stonnwater management shall be made for all development and redevelopment per the city of Johnson ordinance for stormwater runoff. All such plans shall be prepared by a registered professional civil engineer, licensed in Arkansas, and submitted and considered as part of the site plan approval process. Such plans shall contain adequate and properly designed measures to control erosion and sediment discharge from the construction site, and to prevent

water pollution that may result from such discharges and runoff in accordance with the city of Johnson ordinance concerning grading, erosion control, and stormwater pollution prevention. The provisions of this section shall also be applicable to all development and redevelopment impacting one half (½) acre or more of property regardless of the type of development or use. (Ord. No. 2007-13, Sec. 9.)

            14.04.10 Board of Zoning Adjustment

A.        Creation and appointment The Board of Zoning Adjustment (BZA) is hereby ,

established, which shall be composed of the Planning Commission as a whole.

B.        Organization The Board of Zoning Adjustment shall adopt rules necessary to the

conduct of its affairs and in keeping with the provisions of these regulations. Meetings shall be held on a regular schedule and at such other times as the Board may determine. All meetings shall be open to the public. The Board of Zoning Adjustment shall keep minutes of its vote, indicating such fact, and it shall keep records of its examinations and other official actions, all of which shall be a public record. A quorum of the Board shall consist of three (3) members. The

concurring vote of a majority of the total board-members shall be necessary, to revise any order or decision of the administrative officer or to decide on any

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matter upon which it is required to pass. The administrative official shall attend each meeting of the Board and shall bring with him all plans, specifications, plats, and papers relating to any case before the Board for determination.

C.        Powers and duties The Board of Zoning Adjustment, shall have all the powers and duties prescribed by law and by these regulations, which are more particularly described as follows:

1.         Administrative review To hear and decade appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of these regulations. The Board may affirm or reverse, in whole or in part, said decision of the administrative official.

2.         Variances To authorize upon appeal in specific cases such variance from the terms of this zoning chapter as will not be contrary to the public interest where owing to special conditions a literal enforcement of the provisions of these regulations would result in unnecessary hardship that would deprive the owner of any reasonable use of the land or building involved. A variance from the terms of these zoning regulations, shall not be granted by the Board of Zoning Adjustment unless and until:

(a)        The applicant demonstrates that special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district; that literal interpretation of the provisions of these regulations would deprive the applicant of rights, commonly enjoyed by other properties in the same district under the terms of these regulations; that special

conditions and circumstances do not result from the actions of the applicant; and that granting the variance requested will not confer on the applicant any special privilege that is denied by the zoning regulations to other lands, structures, or buildings in the same district.

(b)        No non-conforming use of neighboring lands, structures, .or buildings in the same district, and no permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

(c)        The Board of Zoning Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of land, building or structure.

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(d)       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 these zoning regulations, and will not be injurious to the neighborhood or otherwise detrimental to the

public welfare.

(e)        In granting any variance, the Board of Zoning Adjustment may prescribe appropriate conditions and safeguards that it deems necessary, or, desirable. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of these regulations.

(f)        Under no circumstances shall the Board of Zoning Adjustment grant a variance to allow a use not permissible under the terms of these zoning regulations in the district involved, of any use expressly, or by implication, prohibited by the terms of these regulations in said district.

3.         Special exceptions In addition to the powers and duties specified above, the Board of Zoning Adjustment shall also have the following powers and duties to hold public hearings and decide the following special exceptions:

(a)        Interpret zoning district boundaries, upon appeal of the zoning official's determination and where uncertainty exists, as to the boundaries of the zoning districts, or when the street or property lines existing on the ground are at variance with those shown on the zoning district map.

(b)        Determine the amount of parking required for a use not listed herein.

(c)        Vary the parking regulations by not more than twenty-five percent (25%) where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by these regulations.

(d)       Permit an addition to a non-conforming structure provided that said addition conforms to all building code requirement, and further provided, that the current use of the structure conforms to the zoning district in which it is located.

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D.        Procedure for application and appeals

1.         Application Appeals to the Board of Zoning Adjustment may be taken by any person aggrieved, or by any officer, department, or board of the city affected by any decision of the administrative official. All appeals and applications made to the Board shall be made in writing to the Board within ten (10) days after the decision has been rendered by the administrative official. Every appeal or application shall refer to the specific, provision of the code involved and shall exactly set forth:

(a)        The interpretation that is claimed;

(b)        The use for which the permit is sought; or

(c)        The details of the variance that is applied for, and the grounds on which it is claimed that the variance should be granted, as the case may be.

2.         Public hearing and notice The Board shall fix a reasonable time for the public hearing of an application or appeal, give public notice of the time and place thereof as well as due notice to the parties in interest, and decide same within a reasonable time. Said public notice shall be published at least once not less than seven (7) days preceding the date of such hearing, in a newspaper of general circulation in the city. Applicant is to provide prior to the public hearing proof publishing of notice. The public notice shall give the particular location of the property on which the application or appeal is requested, as well as a brief statement of what the application

or appeal consists. Evidence of notification of all adjoining property owners, shall accompany all applications for variances. Such notification shall he made fifteen (15) days prior to public hearing and include the above described public notice information, as well as the time and place

where the public hearing will be conducted. Public hearings may he adjourned from time to time, and, if the time and place of the adjourned meeting is publicly announced when, the adjournment is made, no farther notice of such adjourned meeting need be published. At a public hearing any party shall appear in person, by agent, or by attorney. Failure of applicant to appear at public hearing will result in tabling of the appeal. All cost associated with notification of the public shall be borne by the applicant

3.         Effect of appeal An appeal shall stay all proceedings of the action appealed from unless the person affected by such appeal certifies to the Board, that, by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case,

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proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or a court of record on application, and notice to the person from whom the appeal was taken.

4.         Time limit on permits No order permitting the use of a building or premises, or the alteration or erection of a building, shall be valid for a period longer than sixty (60), days, unless such use is established or the erection or alteration is started within such period, and proceeds to

completion in accordance with the terms of a building permit.

5.         Appeals from Board of Zoning Adjustment Any person or persons, or any board, taxpayer, department, board or bureau of the city aggrieved by any decision of the Board of Zoning Adjustment may seek review by a court of record of such decision, in the manner, provided by Arkansas law.   (Ord. No. 2007-13, Sec. 10.)

14.04.11 Administration and enforcement

A.        Administrative officer The provisions of these zoning regulations shall be

administered by the Building Department under the direction of the building/zoning official, who shall act as an administrative official. The official may be provided with the assistance of such other persons as the Mayor may direct. It shall be the duty of the administrative official to see that these regulations are enforced through the proper legal channels. Appeal from the decision of the administrative official may be made to the Board of Zoning Adjustment. The administrative official, and his designees, are generally empowered to carry out or, conduct any activities essential to the proper administration and enforcement of these regulations, said activities to

include, but not be limited to, the following:

1.         Permits To issue a zoning permit, building permit, and certificate of occupancy when compliance is made with these regulations; to refuse to issue the same in the event of non-compliance; and to give written notice of such refusal and reason thereof to the applicant.

2.         Collections To cause the collection of the designated fees as set forth in these regulations.

3.         Records To make and to keep all records necessary and appropriate to the office, including records of the issuance and denial of all zoning and building permits, and certificates of occupancy, and the receipt of complaints of violation of these regulations and action taken on the

same, and to file such for record.

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4.         Inspections To inspect any building or land to determine whether violations of these regulations have been committed or exist.

5.         Enforcement To enforce these regulations and take all necessary steps to remedy any condition found in violation. The city may enjoin any individual or property owner who is in violation of these regulations to prevent or correct such violation.   Any individual aggrieved by a violation of these regulations may request an injunction against any individual or property owner in violation of these regulations, or may mandamus any official to enforce the provisions of these regulations.

6.         Advisements To keep the Mayor, City Council, Planning Commission, and Board of Zoning Adjustment advised of all matters other than routine that relate to the administration and enforcement of these regulations.

B.        Zoning and building permits It shall be unlawful to commence the construction,

reconstruction, moving, demolition or structural alteration of any building until a zoning permit and a building permit has been issued. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of these regulations and other applicable building codes, laws, or regulations. A zoning permit shall also be required for the use or reuse of property, building, or structures where building permits are not required.

Compliance with paved parking and other site standards shall be achieved as a condition of change of use for commercial, industrial and multi-family purposes. In addition, a zoning permit evidencing compliance with the provisions of these regulations shall be a pre-requisite to the issuance of a city privilege or occupation license.

General Before a building permit can be issued for a development, other than a single family dwelling or a duplex, a development plan must be submitted to the Planning Commission for review and approval. Development includes construction, such as multi-family development, mobile home parks, shopping centers, commercial and industrial development, or cultural and recreational facilities whether they are subdivide into lots or not.   Developments of one (1) acre or greater shall be classified as a Large Scale Development and shall be approved by the Planning Commission. Developments less than one (1) acre shall be classified as non-large scale development and must be reviewed and approved by city staff. The staff may require the development plans to be submitted to the city Planning Commission for review and approval where there are significant problems with storm drainage, traffic, or pedestrian circulation, utility access, construction methods, impact on adjacent property or other factors. All applications for building permits shall be accompanied by a reproducible plan drawn to scale, showing the size of the building to be erected and its location, on the zoning lot, the location of any existing buildings or structures, location and

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dimensions of all driveways and parking or loading areas, drainage and such other information as may be necessary to provide for the administration of these regulations.

C.        Certificate of Occupancy

1.         Purpose and authority Certificates of occupancy are required to ensure that completed structures and the development of property of which such structures are a part, comply with the provisions of this chapter, as well as any large scale development or conditional use approvals for such structures and development. The Building Official shall have the authority and responsibility to issue and keep records of certificates of occupancy in accordance with the requirements set forth in these regulations, and the Building Code. A certificate of occupancy must be applied for, and issued by the Building Official prior to occupancy and use of a structure or premises for any of the following:

(a)        Any new structure.

(b)        Any addition to an existing non-residential structure,

(c)        Any change in occupancy or use of a building or premises that involves non-residential occupancy.

(d)       Placement or change in occupancy of any manufactured home on any lot or parcel, regardless of use.

2.         Procedure A certificate of occupancy shall be applied for coincident with the application for a building permit, and must be issued before occupancy and connection of utilities to such building. The Building Official or his designated agent shall inspect the property that is the subject of an application within a reasonable time after a completed application has been filed, and shall issue a Certificate of Occupancy if the premises and the property comply in all respects with the applicable development regulations in effect for the city. If the premises do not so comply, the

Building Official shall deny the application in a written notice mailed to the applicant with five (5) days, excluding weekends, and holidays, after the inspection of the property specifying the provisions of which regulation. A temporary certificate of occupancy may be issued for a portion or portions of a building that may safely be occupied prior to final completion of the building. A temporary Certificate of Occupancy shall be valid for a period not exceeding six (6) months. Such temporary certificate shall not be construed as in any way altering the respective

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rights, duties, or obligations of the owner or of the city relating to the use or occupancy or any other matter require by these regulations.

3.         Contents of Certificate of Occupancy   Information required for submission to obtain a certificate of occupancy shall include:

(a)        Name of applicant.

(b)        Nature and extent of the applicant's ownership interest in the subject property.

(c)        Address of the property for which a certificate is requested.

(d)       A legal description of the property, the zoning classification for the property, and a statement that the use of the property is allowed or permitted in the zoning classification for the property.

(e)        A site plan for any new construction (same as required for a building permit) for the structure or the development which such structure is a part is required.

(f)        Such other information as requested by the Building Official to ensure conformance with applicable development regulations.

D.        Penalty for violation Any person, firm or corporation who shall violate any of the provisions of these zoning regulations, or fail to comply thereafter with any of the requirements thereof or who shall build, alter, move, or occupy any building in violation of any detailed statement or plans submitted and approved hereunder, shall be guilty of a misdemeanor and shall, upon conviction be punished by a fine not exceeding Five Hundred Dollars ($500.00) or double such sum for each repetition thereof. If the violation is, in its nature, continuous in respect to time, the penalty for allowing the continuance thereof is a fine not to exceed Two Hundred Fifty Dollars ($250.00) for each day that the same is unlawfully continued. The owner or owners of any building or premises or part thereof where anything in violation of these regulations shall be placed, or shall exist, and any architect, builder, contractor, agent, engineer, person, firm or corporation employee in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense, and upon conviction thereof shall be fined as hereinabove provided.

Violations of these regulations that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty, however, does not prevent the simultaneous granting of equitable relief in appropriate cases.

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E.         Amendments Two (2) types of amendments to these zoning regulations are

recognized, one being a revision in the text provisions, and the other being a change of boundary in a zoning district (a.k.a., a map amendment or rezoning).

1.         Text amendments Amendments to the text may be initiated by the Planning Commission, the City Council, or by the Mayor. Proposed amendments shall be processed in accordance with the procedures set forth in this section.

(a)        Notice The Building/Zoning Official shall be responsible for scheduling a public hearing before the Planning Commission. He shall prepare the content of a public notice, and ensure that the notice is published in a newspaper of general circulation within the

city at least fifteen (15) days before the public hearing.

(b)        Hearing and recommendation by the Planning Commission The Planning Commission shall conduct a public hearing on the proposed amendment, hearing both the proponents and opponents, if any. Following the public hearing the Commission shall

determine its recommendation(s) regarding the proposed amendment and make such known to the City Council.

(c)        Action by the City Council After receiving the recommendation of the Planning Commission, the City Council may approve the amendment as submitted; approve a revised version they deem appropriate; return it back to the Planning Commission for

further study and reconsideration; table it; or deny it.   If the City Council action does not take place within six (6) months after the Planning Commission's public hearing, the amendment process must begin anew.

2.         Change in district boundary A change in a zoning district boundary, also referred to as a map amendment or rezoning, may be proposed by the City Council, the Planning Commission, or by a property owner or his legal agent. Such amendments shall be considered in accordance with