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Ordinance 2007-13

ORDINANCE NO. 2007-13
AN ORDINANCE ADOPTING NEW ZONING
REGULATIONS AND OFFICIAL ZONING MAP FOR THE
CITY OF JOHNSON, ARKANSAS, REPEALING THE OLD
ZONING ORDINANCE AND PREVIOUS OFFICIAL ZONING
MAP EFFECTIVE THE DATE THE NEW REGULATIONS GO
INTO EFFECT AND FOR OTHER MATTERS RELATED
THERETO.
WHEREAS, the Johnson Planning Commission along with the City Engineers have spent
many hours studying and evaluating the needs of the City in regard to current and future zoning.
WHEREAS, the Johnson Planning Commission has advertised and held a public hearing
on the proposed new zoning regulations and the proposed official zoning map.
WHEREAS, the Johnson Planning Commission has approved and recommends
immediate passage and implementation of the attached Zoning Regulations and the new Official
Zoning Map on display at Johnson City Hall.
BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That
Section 1: That the Zoning Regulations for the City of Johnson, Arkansas, attached
hereto are hereb)' adopted and shall hereafter control zoning within the City.
Section 2: That the Official Zoning Map for the City of Johnson, which is on file in
the office of the Johnson Recorder-Treasurer and displayed at City Hall is hereby adopted.
Section 3: That all lands within the City of Johnson are hereby zoned as depicted on
the "Official Zoning Map for the City of Johnson, Arkansas" which is on file in the office of the Recorder-Treasurer which is displayed at City Hall.
Section 4: That the previous zoning ordinances and regulations of the City of
Johnson. Arkansas, including the prior zoning map are her;by repealed effective with the effective date of this Ordinance.
PASSED AND APPROVED this
LONNIE BARRON, Mayor
ATTEST:
ALLEN. Recorder-Treasurer
Munieipal/coj Ord Adopting New Zoning Regs

CITY OF JOHNSON ZONING REGULATIONS
DIVISION 1. PREAMBLE
Sec. 011. Title. This article shall constitute the zoning regulations of the City of Johnson. It maybe cited as the-"zoning ordinance" or the "zoning coiae," and consists of the text, which follows, as well, the. zoning district boundary map, entitled "Official Zoning Map for the City of Johnson, Arkansas," which is on flle in the Office- of the'Recorder-Treasurer.
Sec. 012. 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 and amended
All membership in the various boards and commissionss having unthority hereunder,acting prior to the effective date of this-article shall remain in-office :and serve the remainder of their respective terms.
Sec. 013. 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 for the 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 relations are intended to provide for orderly growth and development; for protection of the character and stability of residential, commercial, industrial; recreational, and environrnentally'sensitive areas of'the city; for protection of;property from-blight and'-undue-depreciation; for efficiency and
economy in the process of development for the appropriate and best use of land; for the use and
occupancy of buildings; for healthful and convenient distribution of population; for good civic
design and arangement; and for adequate public utilities and facilities.
Sec.0l4. 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
Sec. 015. Nature and Application.
.. (a) 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 miiumum 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 &at the City of Johnson shall not be responsible for enforcing deed
restrictions or restrictive covenants.

(b) 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.
(c) 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 minirmim size and area requirements
specified in the applicable zoning district in which the land is located.
(d) 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.
(e) Dedication to public use of land shall not be a condition for any zoning or conditional nse
approval.
(f) All structures constructed or occupied in conformance with these regulations shall also
conform to all other codes and regulations of the city.
(g) 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.
DIVISION 2. RULES OF CONSTRUCTION AND DEFINITIONS .
Sec. 021. Rules of Construction. For the purpose of these regulations, the following rules of
construction shall apply:.
(a) Words, phrases, and terms defined herein shall be given the defined meaning.
 (b) Words, phrases and terms not defined herein but in the building code of the city shall be construed as defined in such code.

(c) 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.
(d)in case of any difference of meaning or implication between the text and any heading,
drawing, table or figure, the text 'shall control.
. (e) The particular shall control the general.
(f) The word "shall" is always mandatory and not discretionary. The word "may" is
permissive and not mandatory.
(g) Words used in the present tense include the future tense, and words used in the future tense include the present tense.
(h) Words used in the singular include the plural, and words used in the plural include the,
singular.
(I) The words "building" and "structure" are synonymous, and include, any part thereof.
(j) The word "person" includes individuals, firms, corporations, associations, and any other
similar entities.
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(k) The words "lot," "parcel," "site," "tract," or other unit of ownership :are synonymous and
maybe used interchangeably.
(1) The word "used" shall include arranged, designed,' constructed, altered, converted, rented,
leased, or intended to be used.
(m) All public officials, bodies, and agencies to which reference is made;are those of the City
of Johnson, unless otherwise indicated.
(n) 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.
(o) 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.
(p) 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.
Sec_-022. 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
"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 apiece of property is approached entered or egressed, given b}' the owner of land to
another party.
Accessory buildings and uses: A subordinate building or a portion of .the principal
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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 1he-principal nse 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 minirnurn of 20 feet in width, which affords a secondary means
of access to abutting properties, and not intended for general traffic circulation. Allies 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,
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,- more1 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 driving: 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.-wasie
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 stnicture
to provide temporary lodging, or lodging and meals, with no more than twelve (12) guest rooms.
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 lotminus 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 minimnm 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, hi 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)
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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 corrrmercial: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"1 '
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.
Development or site plan: 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: Ajiy 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. • ; ' ' •
Levelling: 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.
Diverting, 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 fonor 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.
Ehvelling, 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.
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.
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 nsed 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 com m on 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 visnal 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 centerhne 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 truclc 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 adrninistrative offices of government agencies and utility billing offices.
Greenhouse or nursery: An estabh'shment primarily engaged in the raising and retail sale of
horticultural specialties such as flowers, shrubs, and trees, intended for ornamental or
landscaping purposes.
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 cpntributeto 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 whichis 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 keeping1 of more than five (5) dogs and cats. The word "selling" as
herein used shall not be construed to include the sale of animals feee {3} 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 three (3)
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 tapes, 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 occupancyby 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.
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, frontrln the case of an interior lot, the hue separating said lot from that street which
is designed as the front street in the request for a building permit.
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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 t he Washington County Circuit Clerk. = . . . . . .
Lot width: The width of a lot measured at the front building setback line.
Lot, zero lot tine: A single detached dwelling,pnit that is.constructed on a side.property-.line .-.- -.
of saidlot; such .that the wall located on the side property lineshould be '.%lank" with^no . >..,.,
openings o f 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 rhousing unit."
Manufactured housing unit, residential-design: A manufactured housing unit which>,has a . • -
mirumurn width of twenty-four feet (24")3 with wid% measured perpendipular< to-the longest .axis'-'••
at the narrowest part, a pitched roo£ and siding and roofing materials which are customarily used
on site-built homes, and which complies with all of the standards specified.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. •• . - , . . - • - . ; - * "
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 nonmetallic 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.SafetyAct of 1974. • •'••••
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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 alTqwriefs anoVortenants 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. : ' .
Owner: Theproperty 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 arid larger '
community parks: Neighborhood parks may include playing fields, playgrounds, shelters and
restrooras to accommodate'active recreation. Parking is typically provided. Community parks
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may provide both active and passive recreational facilities including tennis courts, ball fields,
pools, "basketball courts, soccer fields, picnic areas, trails, xestroom 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 oflandto facilitatepedestrian.access,to adjacent
streets a n d 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 stall to the general public for a fee or charge, and that is wholly enclosed .in", a building.
Typical uses include bowling alleys, indoor theaters, pool halls and video game arcades.
Recreation and entertainment, outdoor: An establishment offering-jecreation, 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 rniniature golf courses.
Recreational vehicle park: The use of a site providing individual spaces for to wed- or selfpropelled
camping vehicles on a daily fee or short-term.rental basis. • . ' '
Research service: An establishment engaged in conducting basic and applied research,
including production of prototype products when limited to the rmnimum scale necessary for, fall
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-aready-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 ormore 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
13
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 and1 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
design, to serve a broader market of the entire'community as a whole and may draw shoppers
from outside the community. Commonly know as "Big Box" retailer, examples would include"
but not limited to Wai-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.prirhary
or secondary level.
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 b etween. the lot line or planned right-of-way line and the building hue
upon which no building may be erected. For the purposes of this ordinance, the planned right-ofway
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 Hie minimum horizontal distance between the street right-of-way line and the main
14
buildmg or any projections mereofomerm^ .
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 hues, andmeasured
between the rear lot line in the rear of the main building or any projection other than
steps, unenclosed porches, or entranceways. - •
Setback, side; A 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 rrrinimuni 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, orinsigniaof 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.
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 delineation's, or within a line including the outer extremities of the framework or
15
background'of the sign, whichever line includes'the larger area. The support for the sign
background, whether it is cx>lurnns, 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 •
abuttmg property. ' ••
Structure: Anything constructed or erected^ the use of which requires a fixed location on the
ground/or Attached to something having a: fixedlocation on the ground.
" Sirtictiiral Alterations: Any.change in the supporting members of a building, such as bearingwalls
or partitions, columns, beams, or girders, or any substantial change in the roof or in the
exterior walls.
Use: Any functional, so;cial, or technological activity, which is imposed or applied to land or
to structures-'on theiand. . •'
Utility, major: Generating plants, electrical switching facilities and primary substations; water
and wastewater treatment plants; water tames; 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 corporate1
or general offices; gas or oil processing; manufacturing facilities; postal facilities; or other uses •
defmed'Herein.
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:pblesand 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 there of would result in unnecessary hardship to the property owner; provided
that the sprit 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 oi; or
16
bodywork: to, motor vehicles or heavy equipment Typical.uses include paint andhody.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 appHcable.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 facilitycxpnl^drung . , ;
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_stprage
space or cubicle ,^tHn such a storage area for aretail orwholesalebusmess.operationis , , , ,, .
expressly prohibited. • ', !t . , .
Warehousing: The storage of materials, equipment, or pro ducts within a biding for.
manufacturing use or for distribution to wholesalers or retailers, as well as activities jnvplying :.
significant movement and storage of products or equipment. Typical uses include truck
terminals., 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 wherenaachiues, machine parts;, or. ..other metal..,, .. ,
products are fabricated- Typical uses inclnde-machine, welding, and sheet metal ,-shops. . . . . < . .
Yard: An open space on title same lot with a building, unobstructed from the ground.upward,
and measured as the minfrmnn horizontal distance between the lot line and the main building..
Zoningtot: Aparcel 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 zoniag^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 determrning.the front, rear, and.sideyard
setbacks for a zoning lot, the required distance shall he measured from the. exterior; . - . ;
boundaries o f said, zoning l o t . : . . . , - , - .
DIVISION 3. NONCONFORMING STRUCTURES AM) USES
17
Sec. 031. Continuance of Use.
(a) 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 noncoirformrng use a^
except as otherwise provided herein.
(b) Any legal noncbnforming structure maybe continued in use provided there is no physical'-' •
change other than necessary maintenance and repair., except as otherwise permitted herein..
(c) ';&ny 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 estabhshed building. • '''•'"' '
Sec. 032. Discontinuance of Use.
(a) Whehever'any part of .a structure or land occupied by a honconformmg 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 noixconformmg use, even though the structure may have been
originally designed and constructed for the prior nonconforming use.
'(^)'Whenevef;ahon(^nfdrrninguse of a structure or part thereof^ has been discontinued or
abandoned for a period of one (1) year or more, such use shaH not be re-established, and the use
of the premises thereafter shall be in conformity with the regulations of the district
(c) Where no enclosed structure is-involved, discontinuance of a honconformmg use'for a
period of six'(6)jmonths shall constitute abandonment, and shall not thereafter be used in a
nonconforming manner.- '
Sec: 033: Change of Use.
(a) The nonconforming use of any structure or portion thereof, may be occupied by a similar
, or less intense nonconforming use as may be determined by the zoning official, subject to appeal
to the board-of zoning adjustment. No building in which a nonconforining use has been changed
to a more'restricted use shall again be devoted to a less restricted use. 9 '• '
(b) A nonconforming use of land without substantial buildings or structures may not be
extended 'or expanded, nor shall it occupy niore area than was in use on the effective date of these
regulations. If such nonconforming 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.
Sec. 034. Repairs and Alterations.
18
(a) Normal maintenance of a nonconforming structure or of a conforming structoe. containing
a nonconfonning use is permitted.
(b) Alterations may be made when required by law, or when such alterations will actually •.
result in eliminating the nonconformity, . :.\• . .
(c) No structure partially occupied by a nonconformmg use shall be altered in such -a way as to
permit ,the..enlargement or expansion of the space occupied.by such nonconforming use.
(d) A structure that is nonconforming 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 nonconformity ..with respect to the buBc regulations, for the
district in which it is. located. . . . . •-
Sec. 035. Accessories to Primary Nonconforming Uses. Addition of, or enlargement,%
alteration or relocation o£ accessories which are incidental to and accommodate the primary
nonconforming.use.may be permitted if, after notices and public hearing and., recommendation by
the planning commission, .the city co.uncil finds that the accessory prpmotes,;the.j)ubHc.healliL, . .
safety, and welfare and do es not expand or enlarge, the, priniary nonconformiag .use.. ..-.. ..... . . . .
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. •- . . . , , . . ;. .'. ..,•,,•.
. - . / . . , - • - . "
Sec. 036. Damage and Destruction. If a nonconforrriuig structure or a structure containing a
nonconformiiig use is damaged or destroyed by natural disaster,;fire,, or other, casualty, the - .,
structure may b.e repaired or reconstructed and used for the same,purppse,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.mayrbe-.rebuilt andvused
thereafter only for a conforming use, and in compliance with provisions of the district in which it
is located.
Sec. 037, District .Changes.; Whenever the boundaries of a zoning .district^arevchanged,,.so* as:to."
transfer an area from one district to .another, the foregoing provisions -shall,, also apply to ,-any- .
newly created nonconforming uses therein.
.DIVISION 4. ESTABLISHMENT OF ZONING-DISTRICTSAND BOUNDARIES- -
Sec.. 041. Zoning .Districts Established.. The: following zoning,districts3 which may be Deferred
to b y their abbreviations, a r e hereby established: • . . - . . • , . !
(a) Base Zoning Districts: ,, • - "( ---
19
^Agriculture . . . ' "" • " • • " ' •
R-E Estate Single-Family Residential — one (1) acre minimum lot size
R-l Single-Family Residential - 9,000 square foot miniinum lot size
R-2 Single-Family Residential - 7;500 square foot minirnum lot size
R-3 Single-Family Residential - 6,000 square foot mlmmum 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
Imdustrial . . " - ' '
(b) Overlay and Special Purpose Zoning Districts
DOD Design Overlay District — certain street and highway corridors
PUD Planned Unit Development District
Sec. 042. 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 me 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.
Sec. 043. 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 Cityof
Johnson, Arkansas," which is on file in the office of the recorder-treasurer. This map, together
with all .explanatory data thereon, 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. •
li; 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 (3 0)' 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 ia' the city code.
Regardless of the existence of purported copies of me official zoning map, which may from time
to tiine be made or published, the official zoning' map located in the office of the recorder-"
treasuref shall be the final authority as to the current zoning status of property in the city,
20
Sec. 044. 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 hoard of
zoning adjustment. . . .
(a) Boundaries indicated as approximately following the centerhnes of streets or alleys shall'
be construed to follow such centerlines. . , . . ,., • j • • / > ' . - .9
(b) Boundaries indicated as approximately following city limits shall he construed as
following city limits. _ . • .
(c) Boundaries indicated as approximately following platted lot lines shall be construed as .
following such lot lines.
(d) Boundaries indicated as following waterways shall he construed to be following the thread
of the stream.
(e) Boundaries indicated as following railroad lines shall he construed to be midway between
the main trades.
(f) Boundaries indicated as parallel to, or extensions of features mentioned in the preceding
rules, shall be so construed. . . :
(g) 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. .
Sec, 045. Classification of Annexed Lands, All lands proposed for annexation shall ."be
assigned zoning district classification(s) that will become effective at me same time the
annexation becomes final. The map amendment procedures contained herein shall be.followed
in assigning said classifications).
Sec. 046. 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 tb,e . . . . .
classification of the vacated land. "" :
DIVISION 5. DISTRICT REGULATIONS ''"*''.!."''.
Sec. 051. 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!
21
Three-(3)"of the districts'are for low-density single-family uses, and are intended to "be defined
and protected irom 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 me'residentiaT 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.
(2) R-E, Estate Single-Family District. The purpose of this district is to accommodate singlefamily
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.
22
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 to protect adj acent residential areas .from
commercial a n d industrial encroachment. ....-••,
(b) Uses Permitted. Uses permitted in the residential districts are set forth in,the following. -
table. "Where the letter <CP" 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.pro.yidedhy
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-lotshall;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"3 the use is permitted subject to-acqnirrng.a .-. • : • •
conditional use permit as set forth in Sections 153-061 thru 153r064. -Where,neither "P" • .
nor "C" appears similarly within the table^ the use is not permitted.
23
USE TABLE
RESIDENTIAL DISTRICTS
ZONING DISTRICTS
A R-E R-l R-2 R-3 R-4 R-M
RESIDENTIAL USES
Single-family detached
Duplex, triplex, 4-plex
Emergency housing "unit
Multi-family
Manufactured honsing unit
Manuf. housing, residential desiga
Manufactured housing park
Group residential
Accessory dwelling unit
P
C
P
C
C
P
C
P
C
P
C
P
C
P
C
P
P
C
P
P
P
C
P
C
C
PP
P
P
C
CIVIC AND COMMERCIAL USES
Airport or airstrip
Animal care, general
Animal care, limited
Automated teller machine
Bed and breakfast
Cemetery
Church
College or university
Communication tower
Convenience store
Day care, limited (family home)
Day care7 general
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
P
C
C
C
C
C
24
USE TABLE (CONTINUED)
RESIDENTIAL DISTRICTS
ZONING DISTRICTS
A R-E R-l R-2 R-3 R-4 R-M
CIVIC AND COMMERCIAL USES
Golf course
Government service
hospital
Library
Medical services
Museum
Nursing home
Parks, public
Post office
Recreation/entertainment, indoor
Recreation/entertaiiinient, outdoor
Safety services
School, elementary/middle & high.
Utility, major
Utility, minor
Vocational school
C
C
C
C
p
C
C
C
C
p
C
C
C
C
C
p
C
C
C
p
C
C
i
C
C
p
C
C
C
p
C
C
C
C
p
C
C
C
p
C
C
C
C
p
C
C
C
p
-c .
C
C
-C -
.p . -
C
C
C
p
c .
c
. • ' :
c
c
C.. ;
-. pc
c
c ,
p •
MANUFACTURING & EXTRACTIVE USES
Asphalt or concrete plant . '
Mining or quarrying
Sod farm
Top soil
C
C
C
c
AGRICULTURAL USES
Agriculture, animal
Agriculture, crop
Agriculture, product sales
P
P
P
C
P
C
P.
C
p
c
p
c
p
c
p
c
ACCESSORY USES: PERMITTED SUBJECT TO PROVISIONS OF DIVISION 7.
25
(o) 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 nrinirnurn requirements in the following table; nor shall any building or structure be
erected or enlarged that will caiise 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.
INONIMUM DIMENSION REQUIREMENTS
RESIDENTIAL DISTRICTS
ZONING DISTRICTS
DIMENSION
A R-E U-l R-2 R-3 R-4 R-M
Lot size
Single-family (sq. ft.)
Duplex (sq. ft.)
Multi-family (units/acre)
Lot width, (all uses)
Front setback (all uses)
Side setback (all uses)
Corner exterior (all uses)
Rear setback (all uses)
NP = not permitted
1 ac
OT
NP
150'
30'
10'
25'
. 30'
1 ac
NP
NP
100'
30'
10T
25'
30'
9,000
NP
NP
80'
30'
10'
25'
25'
7,500
NP
NP
70'
25T
10'
25'
25' '
6,000
"HP
NP
60'
25'
7'
25'
251
6,000
**
7.26
60'
25'
7
25'
-25'
*
*
12
100'
30'
***
25'
30'
* Not to exceed twelve (12) dwelling unites per acre.
** Duplex lots shall have a minimum lot area of 4,5.00. square feet per dwelling unit.
*** Seven (7) foot against other RM use, ten (10) foot against residential and agricultural uses,
(1) When an existinglot 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
rninimum lot size for the district in which it is located, then, that remaining lot shall be deemed'to
comply with rninimuin 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.
(3) Mmimum 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 nonconforming, the necessity of
26
obtaining a variance from such created nonconformity shall not be required as a condition of
issuance of abnilding permit, provided all setback and other requirements of this ordinance can
be met . . • • • - . - i . ' • . . ; • • • ' • > .
(4) Certain architectoral features may project in^required setback as follows: .,'. '
(a) Cornices, canopies, eaves, or other architectural features, may project .a .distancejio't to' ';
exceed thirty inches (30")-
(b) Fire escapes may project a distance not exceeding, four, and one-half feet from the
exterior •wall of the building.
(c) An \mcovered stair and necessary landings may project a distance not to exceed '
three feet (31)., provided such stair and landing shall not extend above the entrance
floor of the bnilding except for a railing not exceeding three feet (31) in height ,. , .
(d)Bay windows, balconies, and chimneys may project a distance not exceeding _, |.. ;
thirty inches (30"), provided that such features do not occupy, in. the aggregateymore-- ;
than one-lhird of 1he length of me bnildhag 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-fiYe.TJercerit (75%)
of the required minimum setback for the district in which it is located, then .that remaining • •
setback shall be deemed to satisfy inimniura 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, wilh'the
same zoning classification and fronting on the same.side of the street, and areless than the ,-. ;
required street setback, applicants shall be allowed to use the "average" street .setback.on that: \. In such cases, lots on the same side of the street within the same block as the'subj'ect property and'with the •"•
same zoning .classifications; provided that, in no case shall more than six (6) lots on 'either side of
me subject property b e included in the calculation: ' . • • • ' . • • , - • . , '
(;7);When.adjacent to R-E, R-l;R-2,R-3, or R-4 districts, multi-fainily residential-and ' '
.nonresidential.structures over one (1) story or fifteen feet (15*) in height shaHhave an additional"
. .eight foot (8");side and rear, setback for every additional story or fifteen feet (15') in building ' ' ; :
height. . '. ..- ' " - .--.. •-".- •'•.
27
I • • .'^ (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) hi R-M districts, and other districts in which such developments maybe permitted, dwelling
units wifHin 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 mustbe recorded on the deed of each applicable lot to insure continued
compliance1 with this setback as well as a note on the final plat explaining the required
. building setbacks. * •
"(b):Ah easement"to allow for maintenance or repair is required when the eaves or sidewall
of a house are within four feet (41) of the adjacent property line. The easement on the
adjacent property must provide at least five feet (5T) of unobstructed space between the
- •' • farthermost projection of the structure, andbe wide enough to allow five feet (51) 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 feet (3") ofthe
property line, windows or other openings that allow for visibility into the side yard ofthe
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 feet (35') in all residential zones with the exception
of the A and R-M districts, where the mentation is forty-five feet (451). Chimneys, smokestacks,
ventilators^ cooling and water towers, bulkheads, grain elevators and silos, utility and flagpoles,
belfries, 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) Mimrnum lot widths for cu-de-sac lots-may be reduced to sixty (60) percent ofthe required
lot width1 at the street-right-of-way., so long as the required lot width from the table is met at the
front building setback line.
Sec. 052. Commercial Districts.
(a) General description, commercial districts. Commercial districts are principally intended
for the provision of services and the conduct of business and retail'trade essential to support
resident withm the dty and the surrounding'area. Three (3) such districts are established herein
28
to provide for the diversity of uses and appropriate locations, required for the range ,olgopds and ..
services needed i n Johnson. . ...
(1) C-l, Light CormnerciaVOfrice 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 ormedium density character. Such.districts .should genera^y-b,e.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 th&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 <pf the.motoring public .and are charactenzed.by a high
level of vehicular ingress and egress. The District is also intended to provide a location
for the Hrnited amount of merchandise, equipment and material being offered for retail
sale that because of the type of material or transportation requirementSj 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.
Sec. 053. 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.forthe . ,
district are designed to assure compatibility with other similar uses.andto rninirnize 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 necessityto.this
district.
Sec, 054. 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 £Cby right" subject to:. (1) provi.ding
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), conformancewith special
29
conditions applying to certain uses as set forth in Division 8.
Where the letter "C" appears instead of CT", the use is permitted subject to acquiring a
conditional use permit as set forth in Sections 153-061 .thru 153-064. Where neither "P" nor "C"
appears similarly within the-table, the use is not permitted.
USE TABLE
COMMERCIAL & INDUSTRIAL DISTRICTS
ZONING DISTRICS
R-O C-l C-2 C-3
RESIDENTIAL USES
Single-family detached
Duplex, triplex, 4-plex
Loft apartment
Multi-family
P
P
C C
C
.
CIVIC A^D COMMERCIAL USES
Airport or airstrip
Animal care, general
Animal care, limited
Auditorium or stadium
Automated teller machine
Bank or financial institution
B ed and breakfast
Car wash
Cemetery
Church.
College or university
Communication tower
Construction sales and service
Convenience store
Day care, limited (family home)
C
P
P
C
C
C
.C
P
C
P
P
P
P
C
C
P
P
C
C
C
P
P
C
P
P
C
P
C
P
P
C
P
P
C
P
P
C
P
C
C
P
C
C
P
P
C
P
P
P
C
P
P
C
P
P
30
Day care, general P P C
USE TABLE (CONTINUED)
COMMERCIAL & INDUSTRIAL DISTRICTS
ZONING DISTRICTS
CIVIC AND COMMERCIAL USES
R-O C-l C-2 C-3
Entertainment, adult
Funeral home
Golf course
Government service
Hospital
Hotel or motel
Library
Medical service/office
Museum.
Nursing home
Office, general
Parking lot, commercial
Parks, public
Pawn shops
Post office
Recreation/entertainment, indoor
Kecreation/entertainrnent, outdoor
Recreational vehicle park
Restaurant, fast-food '
Restaurant, general
Retail/sendee
Retail/sendee, High Impact
Safety services
C
C
C
C
C
P
C
P
C
P
C
P
P
P
P
P
P
P
C
C
C
C
P
C
P
C
P
C
P
P
C
P
p .
P
P
P
P
P
P
P
P
P
C
P
P
P
C
P
C
PP
P
C
P
P
P
C
P
PP
"
C
C
. P
P
C
P ,
C
C
C
• C '
C
C
C.
P
P
C
C
P
31
USE TABLE (CONTINUED)
COMMERCIAL & INDUSTRIAL DISTRICTS
ZONING DISTRICTS
R-O C-l C-2 C-3
CIVIC AND COMMERCIAL USES
School, elementary/middle & high
Service station
Utility, major
Utility, minor
Vehicle and equipment sales
Vehicle repair,- general
Vehicle repair, paint &. body
Vocational school
Warehouse, residential (mini) storage
C
c
p
p
c
c
p
c
c
c
p
p
c
p
c
p
p
pp
p
p
c
p
p
p
p
p
c
p
p
c
pp
p '
p .
pp
INDUSTRIAL, MANUFACTURING & EXTRACTIVE USES
Asphalt or concrete plant
Auto wrecking or salvage yard
Basic industry
Freight terminal
Manufacturing.,
Mining or quarrying
Research services
Warehousing
Welding or machine shop
C
C
C
, c
c
p
p
p
p
c
p
p
p
The placement of all signs shall be in accordance with the Johnson Municipal Code.
32
USE TABLE (CONTINUED)
COMMERCIAL & INDUSTRIAL DISTRICTS
ZONING DISTRICTS
R-O C-l C-2 C-3 I
AGRICULTURAL USES
Agriculture, crop
Agriculture, farmers market
Agriculture, product sales
P
C
P
P
C
P
P •
C
P
'
C
P
PP
.
ACCESSORY USES: PERMITTED SUBJECT TO PROVISIONS OF DIVISION 7.
Sec. 055. Nonresidential Lot, Setback, and Height Regulations. No lot or setback shall be
established or reduced in dimension or area in any nonresidential district that does not meet the
minimum requirements in the table that follows; nor shall any building x>r 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
NONRESIDENTIAL DISTRICTS
ZONING DISTRICTS
DIMENSION
R-O C-l C-2 C-3
Nlinijomjoa lot size
Allnses
Minimum street frontage
Front setback
With parking in front
Without parking in front
Side setback
Adjacent to non-residential
Adjacent to residential
Rear setback
Adjacent to non-residential
9,000
70'
50'
25'
10'
10'
20'
12,000
1001
50'
25'
10'
25'
207
12,000'
100'
50'.
25'
10'
25'
20'
12,000
100',
,- ,50'
'30'
0'
30'
20'
20;OQO
.100'
. • 75'
503
50'
75'
50'
33
Adjacent to residential
Maximum height
NP = Not Permitted
25'
. 35'
30'
35'.
40'
60'
40'
60'
.75'
60'
(a) 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 mini-mum lot size for the district in which it is located,
then that remaining lot shall be deemed to comply with -minimum lot size requirements.
(b) 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.
(c) 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 remaioing'Setback shall be deemed to satisfy niinimum setback .
requirements.
(d) Setback averaging. When amajority 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 firontmg on the same side of the street and are less man the
required street setback, applicants shall be allowed to use the "average" street setback on that
block, ha such cases, the "average setback" shall be the mean (average) setback of all developed .
lots on the same side of me street witlnn me S4^ '
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.
(e) Setbacks increased by height When adjacent to siagle-family districts, multi-family
. residential and nonresidential structures over one (1) story or fifteen feet (15') in height shall
have an additional eight foot (S() side and rear setback for every additional story or fifteen feet .
(151) in building height
(f) Maxhnum, 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 heightnot in conflict
with the other city ordinances or federal regulations. Communication towers are exempt
only to the extent authorized through1 conditional useiapproval, if such use is not a use permitted
by right.
(g) When a nonresidential zone abuts a residential Zone, setbacks for both 'shall be the greater
of the nonresidential district or the setback for the abutting residential zone.
34
Sec. 056. 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 hi 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
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.
Sec, 057. Design Overlay District;(Highway and Street Corridors).
*This Section Reserved.
Sec. 058. Planned Unit Development (PUD) District
See Ordinance No. 2007-10 An ordinance adopting guidelines and standards forPlanned. Unit
Developments.within the City .of Johnson, Arkansas, and other matters related thereto and
declaring an emergency to exist.
DIVISION 6. CONDITIONAL USES , '
Sec. 061. 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.
Sec. 062. Development Standards and Review Guidelines. Ah! development shall be designed
in such a way as to minimize any potential negative impact on the surrounding area. Special'
. 35
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 rednce 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.
hi carrying out 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-
(a) The proposed use is within the provision of "conditional uses," as set outin these
regulations.
(b) The proposed use conforms to all applicable provisions herein set out for the district in
which it is to be located.
(c) The proposed use is so designated, located, and proposed to be operated, that the public
health, safety and welfare will b e protected.
(d) The proposed land use is compatible with and will not adversely affect other property in
. the area where it is proposed to be located.
(e) 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 regnlations-
. (f) 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,
(g) The proposed landscaping and screening of the proposed use are in accordance with
provisions-of these regulations.
(h) Safeguards proposed to limit noxious or offensive emissions, including lighting, noise,
glare, dust and odor are addressed-
Sec. 063. Procedure for Auth.orion.g- 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:
(a) Application. An application shall be made by the property owner and filed with the
36
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; 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.
(b) 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 feet (2001) 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.
(c) Planning Commission Review and Action. The planning commission shall review
conditional use permit applications'at it 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. Compatibility with surrounding property shall be insured to the maximum
37
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 b e ' '
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 corn-mission 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 commissioner 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.
Sec. 064. 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 the particular permit^ the property owner may request that the permit be
reviewed by the plaiming 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 such1 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.
38
Provided sufficient site information is submitted with the approved development plan, the
planning, conunission.may waive otherwise mandated site plan review requirements/
DIVISION 7. ACCESSORY USES
Sec. 071. General Description. An .accessory building is a subordinate.building or a portion/of
the principal building, the use of which is cnstomarily 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'permittee in all zones..
Sec. 072. 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 feet (7.51) from a'
rear lot line; shall not be located within any public easement or over any known utilities or septic
system hues; 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 Jiave 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 he-located atleast ten feet (101) from any other structure.
With regard to height limitations, accessory structures in residential districtS'shall hot exceed •
twelve feet (12') in height, measured from the eave; and in commercial and industrial districts,
such structures shall not exceed twenty-five feet (25') in height or the height of the principal
structure on the lot.
Sec. 073. 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
39
communicatioia number of a person or use occupying the premises, snail 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 K) square feet in area, and shall not be placed on public right-ofway.
. . • .
(a) 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.
(b) 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:
, (1) 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,
(2) 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.
(3) .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.
(4) The home office or business does not cause interference with radio' or television
.reception in the vicinity. .
(5) Permitted home occupations shall not include the employment of any persbns'not
residing on the premises in the performance of the occupation.
(1) The home office or business sells no articles on the premises that are not produced on
the premises.
(2) Ahome occupation shall be carried on wbolly within the principle residential
stmcture. No home occupations shall be allowed in accessory buildings or garages.
(8) The home office or business occupies no more than twenty-five percent (25%) of the
total floor area of the residence.
40
(9) Ihereshall be no external alteration of the dwelling, nor storage of supplies or . '
equipment outside. . ' : .
(10) Not more than one (1) track'.of not more than one and one-half (1 -%)-ton capacity .
and no semi-trailers, incidental to the home occupation, shall be kept on'the premises.
(11) 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.
(12) Parking to serve ahome 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,
(c) Home Occupations Prohibited. Prohibited home occupation's include, but are not limited
to the following; • . . . .-
(1) Barber ancVbeauty shops.
(2) Dispatch centers, where workers come to the siteto be dispatched to other locations.
(3) Commercial stables, kennels, and animal boarding and;care facilities.
(4) Assembly or repair of large appliances.
(5) Repair or assembly of vehicles or equipment with internal combustion engines,'or any
other work related to motor vehicles and their parts. :' '•'.
(d) Garage Sales. Garage sales, also commonly .calledrummage or yard sales, are permitted
as accessory uses provided they meet the following requirements: '''.'•"
(1) Each such sale shall be registered in writing or by telephone with the'zoning official.
(2) Each property address and/or person shall be'limited to no more than four (4) such
salesperyear. • "• •';.-•>->• .'• - •••
. (3.) SaleS'Shall not last longer than two (2) consecutive days. ' ' '
(4) 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. ' ' '
(5) No goods purchased for resale may be offered for sale.
(6) No consignment goods may be offered for sale. - • : ' " ' ' '
41
(7) .Directional and advertising signs, not larger than four (4) square feet, shall be freestanding—
that is7 they shall not he placed on traffic or official signs, utility poles or trees
and shall he removed promptly after completion of the sale.
Sec. 074. Nonresidential Accessory Uses. Nonresidential accessory nses 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.ormcrease parking nonconformity 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. Nonresidential accessory uses include:
(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 apennitted 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 nonflashing.
. . . , , "
(11) Other necessary and customary uses determined to be appropriate, incidental and '
subordinate to the principal use on the lot.
DIVISION 8, SPECIAL CONDITIONS APPLICABLE TO CERTAIN USES
1 .1 , . . . - ' .
Sec. 081. General. Uses permitted, or those permitted subject to conditional use approval, shall
42
be subject to the requirements of the district provisions as supplemented^ modified by this
chapter. . - .
Sec, 082. Adult Entertainment. All adult entertainment uses shall be subject to the following ^
standards: . : . ' "'
(1) Separation From Other Adult Entertainment Uses. The buildiag-housmg'anadult'- -- - '
entertainment use shall not be located within .two thousand six hundred forty feet (2,640*)^ 'any
otheradult entertainment use. This 2,640' area.shall be defined by aradius of 2,640J: measured
' " . . . ' • • • •.: :• . '• from the exterior wall of the subject building, 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 feet (1,320^) from the:following uses: ' •
church; library; day care.center; elementory,-inIdale'Orhigh school; and smgle-family,-duplex or
multi-fariiiry residential uses. This distance shall be defined by a radius of one thousand three
hundred and twenty feet (1,320% measnred,frQm>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.
Sec. 083. 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: AH
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
OIL 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.
Sec. 084. 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 pernxitted closer than tnree hundred feet (300') to any residential district
43
(2) Screening. The .interior area of any existing salvage or wrecking operation shall be
screened from view.by fencing, not to exceed eight feet (81) 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.
Sec. 085. Car Washes- Car washes and similar such estabHshments shall provide paved parking
for at least five (5) vehicles., plus fifty, feet (507) of stacking space for vehicles. Where any suchuse
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 estabHshments
shall not be allowed to run into the street or storm sewer; rather, such discharge of wastewater
shall be into, a sanitary sewer. . . '
Sec. 086. 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 shaH apply to emergency housing units:-
(1) Hardship. Before approving a conditional use for an emergency housing unit, the planning
commission shall determine that the appHcant 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 ^ardship, 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 shall1
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 rem'oved
from the premises.. .
(4) UtiHties. The housing unit shalbbe connected to all appropriate and necessary utiHties to '
insure a safe and healthy living environment.
Sec. 087. 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
44
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,
i . .
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 me zone mwmch 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. ,
Sec. 088. Manufactured Housing Parks. Manufactured housing parks may be permitted .as
conditional nses in R.-M districts. The folio-wing 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 feet (301)
from all street right-of-ways, and at least twenty feet (20') 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 wilhin the park. Each indrndual 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 l o t area. •• :' -;" ' ' ' ' ' " ' .
(3) Separation of Units. Each manufactured -housing unit and accessory structure shall be '. L
separated by at least twenty feet-(20') of horizontal distance from all other manufactured
housing units and accessory, structures.
(4) Parking. At least two paved parking spaces, onetandred 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, abreast-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 willbe allowed! All anve'"
aisles and streets shall be clearly marked with signs strictly prohibiting on-street parking.
'(5) Driveways.
. . . .. .— . ,L
(a) .Length and Design. Internal driveways or courts designed to have one end . ; "'"
permanently closed, shall be no more than four hundred feet (400') long unless approved
by the planning commission. A turn-around having an outside roadway diameter of at ,
least eighty feet^SO1) shall be provided at the closed end of any driveway.
(b) Paving. -All internal driveways shall be paved with asphalt The minimum
requirements are srx inches.(6") of compacted.SB2 gravel with three; inches (3") of'
asphalt surface on :rn-msubgrade; Property-owners shaHbeTespohsiblefdr^aintaioiiig'
45
paving on all internal diiveways.
(c) Width.. Drives'shall have a minimum paved width' of twenty-six feet (26'). 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 oh three (3) sides of dumpsters.
(8) Fire Protection. Firehnes and fire hydrants shall'be. shown on the siteplan, and shaU.be
provided in accordance with recommendations, of the fife chief. No manufactured housing unit
space shall be more than two hundred fifty feet (250') 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.
(12) Resident Managers. In manufactured housing parks containing thirty (3 0) or more units, a
manager must reside within the park area,
Sec. 089- 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.
Sec. 090. 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 muiirnum width of a residential -'design, manufactured housing unit shall be
twenty-four feet (24*); with width measured perpendicular to the longest axis at the
46
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 inches (4n) for every twelve inches (12") 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 inches (1 On), which may include a gotter.
( 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 \onyl 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.cpde. • • .. • ; ' -'"••,'
(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 as1 those- '•*" "
established by the Arkansas Manufactured Home Commission.
(b) Foundation. A continuous, permanent concrete or masonry foundation or masonry
curtam wall, un-pierced 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 t h e above referenced requirements. . f, . - , ' • :
47
(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 floodplaih; in which case floodplain regulations shall
role.
(8) Additions. Attached additions and detached garages shall'comply with the building code, and
fioodplain regulations if applicable. All standards of this section shall apply to such additions
and garages.
Sec. 091. 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. •
DIVISION 9. GENERAL STANDARDS
Sec. 101. Qff-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"), hi some cases,
the applicable off-streetparking space requirement in Schedule A refers to ScheduleB. .
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
48
Singfe-family detached
Single-family attached
Duplex
Multi-family
Manufactured housing (all)
Manufactured housing park
Zero lot line single-family
2 p e r dwelling unit ' - . ' . .
2 per dwelling unit
2 per dwelling unit-
1 .25 per efficiency unit
1.75 per one-bedroom. unit . _ .
2.25 per two -bedroom, unit . .
2 per dwelling unit
2 per unit, plus 1 for each 10 units
2 per dwelling. unit . . .
Civic & Commercial Uses Number of Spaces Required
Animal care, general
' - . J *_J - V
Animal care, limited •
Auditorium, arena, theater
Bank or financial rnstLtution
Bed and breakfast
Church
College or university
Communication tower
Construction sales and sendee
Convenience store
Day care, limited or general:
Funeral home
1 per 40,0'-square feet ' '• - - • • • - • • •
1 per 300 square feet
1 .for each 4 seats, based on maximum capacity
1 per 3 00 square feet _ , . . . - .
2 per building, plus 1 per guest room
1 for each 4 seats in the sanctuary (sharing possible)' '
1 per 300 square feet, or 1 for -each 2 students;
whichever is greater . •
1 space (plus office space, if on site) '
Spaces to be provided pursuant to Schedule B
1 p e r 2 0 0 square feet . . . • • . •
1 per employee and/or attendant, plus*2 spaces'
1 for each 4 chapel seats, plus 1 per employee
49
Civic & Commercial Uses
Schedule A (continued)
Number of Spaces Required
Government service
hospital
iotel or motel
library
vtedical service
Vtuseum
Office, General
Recreation/entertainment, indoor
Recreational vehicle park
Restaurant, fast food
Restaurant, general
Retail/service, general
Retail/service, furniture & bulky items-
School, nursery, elementary & middle
School, high
Service station
Vehicle & equipment sales
Vehicle repair, general of limited
Vocational school
"Warehouse, residential (mini) storage
per 300 square feet
. for each 3 beds, plus 1 for each 3 employees
. per guestroom, plus 1 per 10 guestrooms
1 per 500 square feet
6 per doctor or dentist
1 per 5.00 square feet
1 per 300 square feet
1 per 400 square feet
1 per camping space
1 per 75 square feet of customer service/dining area;
1 per 200 square feet if no such service/dining area
1 per 150 square feet for first 2,500 square feet, plus 1
per 1 00 square feet over 2,500 square feet
1 per 250 square feet
Spaces to be provided pursuant to Schedule B
1 per staff and employee, plus 1 space per classroom
1 for each 3 students, plus 1.5 per classroom
2 per service bay, plus 1 per pump
Spaces to be provided pursuant to Schedule B
5 per service bay
1 per 3 students, plus 1 per faculty member
1 for each 5 storage bays, or 1 per 1,000 square feet,
whichever is greater
50
Schedule A (continued)
Industrial & Manufacturing Uses Number of Spaces Required
Asphalt or concrete plant
Auto wrecking or salvage yard
Manufacturing, general
Manufacturing,, limited
Research service
Warehousing
Welding or machine shop
Spaces to be provided pursuant to Schedule B
Spaces to be provided pursuant to Schedule B .
Spaces to be provided pursuant to Schedule B
Spaces to "be provided pursuant to S chedule B
1 per 300 square feet
Spaces to be provided pursuant to Schednle-B
1 per 1,000 square feet or 1 per employee., whichever
is greater
(b) Off-Street Parking Schedule B. Off-street parking for "Schedule B" uses shall he
provided in accordance with the following table: ; :•
Activity
Schedules
Number of Spaces Required
Office or administrative area 1 per 300 square feet
Indoor sales, service or display area 1 per 500'square feet
Outdoor sales, service or display area 1 per 750 square feet
1 per 1,000 square feet
1 per 5,000 "square feet unless number of employees,
and visitors requires greater . .
Manufacturing area
Indoor, storage, warehousing., or
equipment servicing
51
(c)-Off-Street Loading Schedule. Off-street loading spaces shall be provided in
accordance with the following minimum standards:
Off-Street Loading Schedule
Floor Axea (Square Feet) Minimum Off-Street Loading Requirement
Retail and Service, Warehouse, Wholesale, & Manufacturing Uses
3,000 to 25,000
25,001 to 85,000
85,001. to 155,000
155,001 to 235,000
235,001 to 325,000
325,001 to 425,000
425,001 to 535;000
535,001 to 655,000 .
655,001 to 775,000
775,001- to 925,000
925,001 or more
1
2
3 •
• 4
5
6
7
8
9
10
10, plus 1 per 200,000 square feet ahove 925,001
Office, Nursing Home, Hospital, Hotels & Institutions
3,000 to. 100,000
100,001 to 335,000
335,001 to 625,000
625,001:to '945,000
945,00 lor more
1
2
3
4
5, plus 1 per 500,000 square feet 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) Fractious. 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-
52
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 shaUbebase^onlhelargestnumber ofpersonsy/orking onany
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 offstreet
parking area shall be specifically designated, located and reserved for.use.by person,;
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. .
(b) Right-ofWay. Off-street parking spaces shall "be prohibited within the public rightof-
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) InR-E,R-l, R-2, R-33 andR-4, districts, required off-street parking
shall not be located within a public right-of-way, rn no case shall the.^
parking obstruct sidewalks or site visibility.
(2) Where parking is to be provided in the front setback of a.multi-farnily.'
dwelling, there shall be established a landscaped buffer of ten feet (10');
between the front lot line and the parking.. The landscape buffer snail 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) hi all commercial and industrial dislxicte^ 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 designedto permit
exiting vehicles to enter the public right-of-way in a forward motion. No off-street
53
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 feet (50')3 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.
/
(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 snail 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)3 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 niiniinum area of
at-least'one hundred seventy-one (171) square feet, with a minimum width of nine feet
(9') and a niinimum length of nineteen feet (191).
(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.
54
Accessible Spaces Required
Total Parking
Spaces
1-25
.26-50
'51-75 ' '
76-100'
101-150
151-200
201-300
301-400
401-500
501-1,000
.Over 1,000
Mirdmurn Number of Accessible Spaces Required. .
1
2 - ' ' - '
3 . ' •
4 - • - . . -
5 _ . -' -
6. - - ••'- ' • •
7 f
8
9
2% of all spaces
20 spaces plus lj space for each 100 spaces over'
1,000
(k) Loading Space-Dimensions, Off-street loading spaces shall be at least fourteen feet
(141) by forty-five feet (45') .in size, with a roinimum height clearance of eighteen.feet
(18'). > • • • • • ;
(!) Aisle Dimensions. Drive aisles within off-street parking lots shall .comply wjth the .
following rnmimvnn.•width requirements:
Parking Angle
90°
60°
45°
30°
One-Way Aisle
24'
20'
20'
20?
Two-Way Aisle
24'
24'
24' .
24'
(m) Tnning of Construction. All required parking and loading spaces, driving aisles, and
accessways 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 fectors beyond the control of the applicant have prevented
55
compliance with'this Criming" 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
timefraine 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:
(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 couvenienceoriented
uses.
.(b)..Location. .No off-site parking'area shall'be located more than eighty feet (80') 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, hi 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 pfficial-for recording. In addition, whether under the same ownership or hot, 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) Shar.ed 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.
56
(a) Location. Sliared off-street parking spaces shall be located;no farther than-three
hundred feet (3001) from the "building and uses they are intended to. serve -unless shuttle
service is provided. .
(b) Study. Aa 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 •
(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 Hie 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. la 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 feet. (II0% as measured from the:order
station. . . ,.•-••
(2) Banks, seventy feet (70'), as measured from the-teller drop. • '-
57
(3). Automatic car washes, fifty feet (5Q1), as measured from the entrance.
'. . (4) Other uses, thirty feet (30'), as measured from the pick-up window.
(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'rnirnrnum of eight feet (S1) wide, and shall be
. separated from other internal driveways'with painted lines or curbing.
Sec. 102. Driveways and Access—Multi-Family and Nonresidential 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 hy 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 feet (1201) from the perpendicular curb face of the intersecting
street. la 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 arterial streets shall be 'constructed so that the point of tangency of the
58
curb return radius closest to any non-signalized street or driveway intersection, is
at least eighty feet (801) 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 feet ,(120') .from the perpendicular curb face of an intersecting
arterial street and eighty feet (SO1) from the perpendicular curb face of an
intersecting collector or local street, hi the event that this standard cannot be met
because of an nmisuallynarrow.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 feet (80') from the perpendicular curb face of the intersecting street or
driveway. 3h 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 P er 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 feet (120') of
frontage,
(2) Individual driveways shall be located a rninimum often feet (101) frbm.the
side property lines. A separation of at least twenty feet (20') 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 feet- (501) to each other.
(3) Driveways on comer lots.shall be located as far away froni the intersection as
possible.. In no case shall a driveway be installed closer than five feet (5') to the
begmimxg of the curb .radius. . - •
(d) Ingress/Egress Driveway Width: The. width .of the driveway throat shall not exceed
forty feet (401) in width. Driveway lanes shall be a minimum of thirteen feet (13') in
width and shall not have more than three (3) lanes in one entrance/exit
'59
Sec. 103.-Landscaping-and Screening. This section sets out"the'mminrum landscaping and
screening requirements for new development in the city. •
(1) Applicability Exemptions. The'follbwing shallbe 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 shaU. apply to manufacturing home
-parks;
(b) Existing Development - Changes in Use; Improvements or repairs to existing
developments that do not result in anincrease 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. la the absence of alandscape plan approved bythe
planning commission, the following general landscaping requirements shall apply to all
development: . - . •- . "
(a) Landscaping Required. AH 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 he
property line and the required street setback areas. This requirement is in addition to the
. parking landscape buffer requirements.
(c) Irrigation. All landscape areas shall be provided with an adequate means of irrigaticn
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
lands caping requirements. •
(b) -Required Landscaping-. In the absence of a landscape plan approved by the planniag
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. Offstreet
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 ntinimum of one (1) tree
and three (3) shrubs per twenty-five feet of lineal required buffer area.
60
(c) Location. Required landscaping shall be.reasonably dispersed throughontoftslreet'
parking areas.
(d) Planting Areas. Planting areas that contain trees shall be at least seven-feet(7r) wide
and protected "by raised curbs to prevent damage by vehicles.
(4) Dumpster Screening. Oumpsters located.in any district shall-be completely ''screened
from view on three (3) sides by a fence or wall with a rrmnnrura height of six feet (6'}, ;or
one foot (I1) 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 fhelot ' -
(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 'conform1
to or exceed plant quality standards employed by nurseries. All plants shall be nursery
grown and adapted to the local area. ' •
(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' ofomaraental,' •
evergreen, or of the large,deciduous .types. .. " . '
(b) Prohibited. The following trees shall be prohibited,and shall1 '
not be used to satisfy the landscaping or buffering standards of
this section unless approved by the planning commission: box
elder, softmaple, hackberry, or,American elm. • • . - - .
. - • . . i
(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
61
height of eight feet (81), and a zmnimum diameter of three inch (3"),
measured at a point that is at least four feet (41) 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 feet (41).
'i
• - -(c)'Conifers of Evergreens.- Conifers or upright evergreen trees planted to
• : satisfy the standards of this section shall have a minimum height, after
planting, of five feet (51).
(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 taking 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
nonliving, shallbein place priorto issuance of a final certificate of occupancy. A
temporary certificate of occupancymay 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 mariner 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, ^arid-orderly appearance. All landscaping shall be
. , maintained free from disease, pests, weeds and litter. This maintenance shall
. mclude weeding, ^wateringjfertih^zmg, 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 strurturally sound condition;
62
(3) The regular maintenance, repair, or replacement, where necessary, of any
landscaping required by this section; and
,(4) Continuous maintenance of the site.
(7) Alternative Compliance. Applicants shall "be entitled to ^demonstrate mat title 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, lands cape plan may be
substituted, in ' . . .w'h•o le or in pa' rt, for tlandscaping 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 yegetation:on the proposed '-'•
' • ' • ' • " . development site would,achieye the intent of this section;. • ." •- '"
(b) Irrnovative landscaping or,architectural, design is employed on the'
proposed development site to achievea 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; of' ' /
(d) The proposed alternative represents aplan:1hat'is'asigood.'orbetterthan
a plan prepared in strict .compliance with the- other standards of thissection.
. --. '. • - , /. ' •• --.--;'-;
Sec. 104. Corner Visibility. On corner lots at intersecting.rwp.-way streets, notMngshall he
erected, placed,' planted, or allowed to .grow in such a.manner as ..to materially impede' vision
between a height of two- feet (21) and eight feet (8T) above,curb grade/within the'triangular area
formed by an imaginary line that follows street side prpperty .lines, and a- line cormecting them,
twenty-five feet (25') from their point of intersection., Xbis 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.
Sec. 105; Residential Compatibility Standards.,,The compatibility standards of-this section are
intended to protect low density residential uses and neighborhoods from the adverse impacts
63
sometimes associated with higher density residential uses and nonresidential development. The
standards are intended to mitigate the effects of nses: with operating and' structural characteristics
that are vastly different than those associated with smgle-family nses.
(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 building3 s square footage or height; and
(3) A change in use that does not increase the minimum number of offstreet
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 feet (100') of street frontage,
structures shall be set back from the lot line of triggering property one and
one-half times (1 % ) times the required setback.
(2) Large Sites. On sites with-more than twenty thousand (20,000) square
feet of area or one. hundred feet (100') of street frontage or more, structure
shall be set back from the lot line of triggering property a minimum"
v • distance equal to twice the required setback for the zone in which the
structure is to be located.
64 :
(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 often feet (10') from the lot
line of triggering property.
(d) Building Height No structure shall exceed thirty-five feet (35s) in'height-with
fifty feet (50') from theiot 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 feet (50') of the lot line
of triggering property.
(2) Dumpsters and refuse receptacles shall be located a minimuni of twenty-five feet (253) from
the lot line of triggering property.
(3) Exterior lighting shall be designed and located to mmimize light spilling onto surrounding
property. . .'
•» . . -
Sec. 106. 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.
(1) Maximum Height Fences shall not exceed eight feet (81) in height, unless approved by the
planning conunission.. Fencing in I districts, and.around tennis courts and other recreational
amenities, shall be exempt from.this^heightlirnit. • • • .
(2) Corner Visibility. Fences shall comply with the corner visibility standards of Section
153-104. . . . . : •"
(3) Construction/Materials. Fences in all residential zoning districts shall be constructedso that
the horizontal and vertical support posts are inside the fenced area or hidden from view of those
outside the fenced area. This requirement shall not apply to fences that abut nonresidential
zoning districts or in. situations where the owner of the lot/adjacent to the fence agrees to a plan
forplacing support posts on the "outside" of the fence. All exposed steel, except galvanized
metal, shall have a color finish coat applied to .them and be preserved against rust and corrosion.
(4) Design and .Maintenance. All fences shall be maintained in their original upright condition.
65
Fences designed to "be painted or have other surface finishes shall be maintained in their original
condition as designed;: Missing boards, pickets, or posts shall be replaced in a timely manner
with material of the same-type and quality.
(5) Prohibited, Barbed wire and electrified fences shall be prohibited on all lots of less than one
(1) acres"in<area. " " ' ,.
Sec. lOT.'Sldewalks.
(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
applicableccity 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:-" ' • ' •
Sec. 108. Drainage'and Stormwater Management Adequate provisions for drainage of
• surface water and stonnwater management shall be made for all development and redevelopment
permeCity of Johnson-ordinance for Stonnwater'runoff All such plans shall be. prepared by a
registered.professional civil engineer, licensed hi Arkansas, and submitted and considered as part
of the sitevplan 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 ralso be applicable to all development and redevelopment
impacting one half (1/2) acre or more of property,'regardless of the type of development or use.
DIVISION 10. BOARD OF ZONING ADJUSTMENT
Sec. 1H. Creation and Appointment. The Board of Zoning Adjustment (BZA) is hereby ,
established, which shall be composed of the planning commission as a whole.
Sec. 112. Organization. The board of zoning adjustment shall adopt rules necessary to the
conduct of its affairs'arid in'k'eepih'g 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
shallbe op en 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 yote of amajority of the'total board-members shall be necessary, to revise any order or
decision of the administrative officer,- or to • decide on any 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.
66
Sec. 113. Powers and Duties. The board of zoning adjustment, shall have all the Bowers >and ;•
duties prescribed by law and by these regulations, which are more tjarticujarry described as • : . . - . . •
follows:
(1) Administrative review. To hear and decade appeals where it is alleged there is error jruany >;
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,'f': *
decision of the administrative official.
(2) Variances. To authorize upon appeal, in specific cases, such variance from the terms.-ofthis* •; -
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 resultm unnecessary hardship •."
that would deprive the owner of any reasonable use of.the land or bnil^g-involyedi'-A-variahce-/.
from the terms of these zoning regulations, shall notbe granted by the board^f zoning-/ ... ••."-'.' t:-' •'-"
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 .' -^ a >
provisions of these regulations would deprive the applicant of rights, comnaomy enjoyed''-'-
by other properties in the same district un^der 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 wilLnot .confer, on .the applicant any special privilege that
is denied by the zoning regulations to other lands,: structures, or buildings in the same
district. . " - . t •
(b) No-nonconfoTTniTig use of neighboring lands, structures, .or buildings in the same
district,'and no .permitted ornonconfonninguse.of lands, structures, or buildings hi 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:thatthe.yarianceis the'
minimum variance that will make;possible the reasonable use of land, building,, or •' -': '• -•
structure. • '
(d) The board of zoning adjustment shall further make .a finding that the granting ofthe
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':6f such
conditions and safeguards, when made a part of :me,texmsimider;which:me variance is
granted,' shall be deemed a violation of tEese regulations. -y. •
. ' :- ': ' ' 67
1 (f) Under no cfeurnstances shall the board of zoning adjustment grant a variance to allow ;
a-useno't. permissible under the terms of these zoning regulations in the district involved, •
of'any use expressly, or by impli cation, 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 : -;
t h e 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. -• .
zbirmg-district map. . . . . •
(b)-Determine the amount of parkmgrequired 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 nonconforming structure provided that said addition conforms -
; to all building code requirements., and further provided, that the current use of the
• structure conforms to the zoning district in which it is located.
N ' . i
Sec. 114; Procedure for Application and Appeals.
(1) Application. Appeals to the board of zoning adjustment may betaken 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)'Xhe< interpretation that is claimed;
.. (b) The use for which the: permit is'soughf; 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 pnhlic hearing
proof publishing of notice. The puhlic 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 puhlic notice information, as well as the time"and place
where me puhlic hearing will be conducted. Puhlic hearings may he adjourned from time;tp
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
o f t h e public shall b e born b y t h e 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 iruminent peril to life or property. In such case,
proceedings shall not be stayed otherwise than by a restraining order which may be granted by
the hoard 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 abuilding or premises, or the
alteration or erection of abuilding, shall be valid for a period longer than sixty.,(6p), days,: unless
such use is established or the erection or alteration is started within such period,, and.proceeds to . . . . . . . • -,'. r -,:..".-' > I: i.'.^:-",•*-,: f ••* ' -
completion in accordance with the terms of a building permit , ... . .,. ...,_.._ •
(5) Appeals from-Board of Zoning Adjustment Anyperson 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. • ..,-•• i " ' • • - •
' DIVISION 11. ADMINISTRATION AND ENFORCEMENT . ' • . .. .
Sec, 121. Administrative Officer. The provisions of these zoning regulations .shall b.e
administered by the building department under the direction of the building/zoning official, who
shall act as an administrative official. The'official maybe 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 adroinistrative official maybe 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 - .
noncompliance; and to give written notice of such refusal, and reason, thereof to.-the applicant-' ' •'
69
(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 the1 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.
(4) Inspections. To inspect any braiding 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-correc't such violation. Any individual aggrieved by a
violation of theseVegalations mayrequest 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.
Sec. 122. 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 h'as 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, buildings., or structures-where building permits are not required.
Compliance with paved parking and other site standards shall be achieved as a condition a
change of use for commercial, industrial and multi-family purposes. In addition, a zoning permit
evidencing compliance with the provisions of these regulations snail be a pre-requisite to the
issuance of a citypriyilege 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 multifamily 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 mustbe 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.
70
AH 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 dimensions of all driveways and parking or
loading areas, drainage and such other information as may.be necessary.to provide for the
administration of thesexegulations. . . . •
Sec. 123. 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 bmlding 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 nonresidential structure,
(c) Any change in occupancy or use of a'building or premises that involves nonresidential
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 theiapplication 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 me property mat is me 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 to1 the applicant with five'.
(5) days, excluding weekends, and holidays, after the-inspection of-the .property, specifying the \s of which regulation A temporary certificate of occupancy may be issued for aportion or portions of a building that "
may safely be occupied prior to final completion of the building. A temporary 'certificate o f '
occupancy, shall be valid for a period not exceeding six (6).months. Such temporary' certificate '
shall notbe construed as, in anyway, altering the respective, rights, duties, or obligations of the
owner or of the City relating to the use or occupancy or any other- matter required'by these' ';
regulations.
71
(3) Contents'of Certificate-of Occupancy. Infoimation 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 siteplan-for any new'construction (same as required for a huilding permit) for the
; slructure,'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.
Sec. 124. 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
anybuilding'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
maybe-abated by injunctive or other equitable relief. The imposition of apenalty, however, does
not prevent the simultaneous granting- of equitable relief in appropriate cases. .
Sec. 125; Amendments. • Two (2) types of amendments to these zoning regulations are.
recognized; one being ..arevisiori in the text provisions, and the other being a change of boundary
in a zoning district'(a.k.a^ a map;ameridmerit or rezoning).
(1) Text Amendments. -Amendments' to the text may be initiated by the planning commission,
the city council, or by tne mayor.'Proposed amendments shall be processed in accordance with
the procedures set forth in'this section.
72
(a) Notice. The bvrildrrig/zpniiig 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 Comrmssion. The planningcommission
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, .compaction-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, me.plannmg,commission, .or
by a property owner or his legal agent Such amendments shall be considered in accordance with
the procedures set forth in this section.
(a) Application SubmittaL A complete application for a change ina-zoning.district ' -
boundary (or map amendment), hereafter referred to as a rezorrmg3-shaU:be^submitted to
the zoning official in a form established forthat purpose, along, with-a non-refundable
processing fee of two hundred fifty dollars ($250.00). Applications shall be filed by the'1
20 of the month in order to^be placed .on the planning commission agenda, for-the
subsequent months' first meeting, which is held on the second Tuesday thereof. No
application shall be processed .until the zoning official determines that the application"is
complete, and the required fee has been paid. . . • • • ' -"
(b) Notice. Promptly upon determining that the application is complete, the zoning
official shall schedule a public hearing date before the planning commission, notify the
' appli cant of the hearing date, and provide at least fifteen .(15) days notice of the hearing in
a newspaper of general circulation in the city. The .notice, shall indicate.the time' and
place of the public hearing; give the general location and description of the property, such
as the street address and acreage involved;, describe the nature, scope and;purpose of the""'
application; and indicate where additional information about the application can be '
obtained,The city shall (1) post notice, on.weatherproof signs; (2}.place:the signs on the
property that is the subject of the application at least ten (10) days before the public
hearing; and (3) ensure that the signs remain continuously posted until a' final decision is
made'by the city council. One (1) sign shall be posted by the applicant for each three'
hundred feet (300') of street frontage, up to amaxrmum.of four (4) .signs. Signs shall be
73
placed along each abutting street in a manner that makes them clearly visible to
-neighboring residents, and passers-by. Ttiere shall be a imrrimum of one (1) sign along
each abutting street.
•Individual property owners applying for changes to the-official zoning map shall present
evidence or an affidavit,- at least ten (10) days prior to the required public hearing, that all
property owners within one-hundred feet (1007) have been notified of the proposed
zoning change and of the time; date, and place of the public hearing.
(c) Hearing and Recommendation by the Planning Commission. Hie planning
commission shall hold a public hearing on the proposed rezbning. At the conclusion of
the hearing, and after deliberation, the commission shall recommend approval as
submitted; may recommend approval of less area and/or of a lesser intense use, but like
classification than what was^ applied for; table with cause, not to exceed one time for
consideration at the next meeting; or deny the application. The commission shall,
regardless of the action taken, submit an accurate written summary of the proceedings to
the city council.
(d) Hearing and Action by the City Council. After the planning commission
. .recommends -approval of an application, the recorder-treasurer shall place it on the city
.council agenda.. -The city attorney shall prepare the zoning ordinance. •, .
If the planning commission does not recommend approval of an application, the city
council may consider the matter, but only after an appeal is filed by the property owner
with the recorder-treasurer, and a special public hearing is set and subsequently held.
Appeal must be made within 30 days of denial of planrring commission. Applicant
responsibility with regard filing documents with the recorder-treasurer, as described
above, is also applicable.
hi considering an application for approval, whether on appeal or not, the city council may
reduce the amount of land area included in the application, bnt not increase it; and may
change the requested classification in whole or in part, to a less intense zoning district
classification than was indicated in the plamiing commissions' required public notice.
(5) Approval Criteria, The criteria for approval of a rezoning are.set out in this section.
Not all of-the criteria must be given equal consideration by'the planning commission or
city council in reaching a decision. The criteria to be considered shall include but not be
limited to. the following:.
(a) Consistency of the proposal with the comprehensive plan. . .
(b) Consistency of the proposal with the purpose of these regulations.
. (c) Compatibility of the proposal with- the zoning, uses and character of the
. surrounding area.
74
(d) Suitability of the subject property for the uses to which, it has been restricted
without the proposed zoning map amendment
(e) Extent to which approval of the proposed rezoning will detrimentally'affect
nearby property including, but not limited to, any impact.on property value, •
traffic, drainage; visual impairment, odor, noise, light, \abratiorvhoursof
use/operation, and any restriction to the normal and customary use o£the.affected
property.
(f) Length of time the subject property has remained vacant as zoned, as well as
its zoning at the time of purchase-by the applicant; and • . .. ;> ••
-\) Impact of the proposed development on community facilities and services,
mcluding those related to utilities, streets drainage, ;parks, open space, fire, -police,
and emergency medical services. " '
(6) Successive Applications. In the event that the city council denies an application for a
rezoning, a-similar application involving .any of the property considered-in the previous
rezoning request shall not be considered by the plairning commissionfor six'(6) months
from the date of the denial by the. city.council, .unless the planning commission, upon
recommendation by the zoning official, determines that there is a significant change in the
size or scope of the project, or that conditions have changed in the area affectedly the
proposed rezoning. . .
Sec. 126. Fees.' Before any action shall be taken as provided in these regulations-'the applicant
shall submit a fee with the application in accordance with the latest fee schedule: Under no
condition shall said sum or any part thereof be refunded for failure of said action'to'be~approved
by the city.
DIVISION 12. VALIDITY AND REPEAL
Sec. 131. Validity. These zoning regulations and the various parts, sections, subsections, '
sentences, phrases, and clauses thereof are hereby declared to be.seyerable.. If any'.part, sentence,
or paragraph, section or subsection, phrase or clause is adjudged.unconstitutibhal 6r invalid, it is
hereby provided that .the remainder of these zoning regulations shall not be affected thereby.
The city council hereby declares that all such remaining parts would have been passed
irrespective of the validity or invalidity of any parts found to ,b e invalid.
Sec, 132. Repeal. All ordinances, codes, or regulations, or parts of ordinances, codes, or
regulations, in conflict with 1hese zoning regulations, or inconsistent with provisions of these
75
regulations axe "hereby repealed to the extent necessaiy'togi^e these zoning regulations foil force
and effect upon their adoption by the city council.
Appendix A
76
Site Plan/Conditional Use Permit Checklist
At a minimum, site plans and/or conditional nse permit applications shall be provided on a
suitable medium. Sites plan shall provide the following information and format:
1. Name of the development and/or subdivision;
2. Address and lot number of the property;
_3. Location map drawn to a mininaum scale of one inch (1") equals one thonsand feet.
(1,000"), and including city limits and streets with one-half Q£) mile radius of the site;
_4. Name, address and telephone numbers of all owners and the applicant;
_5. North arrow;
6. Drawn to a minimum scale of one inch (1") equals fifty feet (5 O1), and a graphic scale
included;
_7. City, county and state;
_8. Date; . .
_9. Existing zoning; }
JLO. Name, address, and telephone number of all professional consultants;
_11. Seal of the appropriate professional registered in the State of Arkansas;
_12. Acreage and square footage of the site;
_13. Mioimum required street, side, and rear setbacks (per city code), andbyprivate
requirements, if any exist, if more restrictive than the city code requirements;
i
_14_ Hoodway and floodplain boundaries with elevations referenced to, and showing the
exact location of, the nearest benchmark;
_15. Existing and proposed land contours showing vertical intervals no greater than two feet
(21);
_16. Adj ofning prop erty owners;
77
17. Length of site boundaries measured to the nearest one tenth (1/10) foot;
18. Value of all true bearings and angles as dimensioned in degrees and minutes;
19. Location, square footage and exterior dimension, measured from outside walls of all
existing and proposed "buildings and stractures; .
_20. All proposed improvements in their exact relationship to existing contours and other
topographic features; •
_21. Easements indicating location, dimension, and type;
22. Existing and proposed location, siz e and type of water lines,fire hydrants/sanitary
, sewers,, storm sewers, culverts, street improvements and any other utilities and services
affected by the site, including dumpster location and type of screening;
_23. Drainage plan indicating all existing and-proposed drainage locations, size,- and type,
plus drainage calculations that meet the city's requirements, must he certified by a
registered professional engineer licensed in the State of Arkansas. A storrnwater
management plan, and a grading plan, may also be required by the city engineer;
_ 24. Parking and traffic control plan indicating the location, dimension and type of vehicle
access, handicapped person vehicular and pedestrian access, parking spaces, loading
provisions and traffic control devices;
_25, Sign location and type;
_26, Screening and buffering; •
27. Landscaping plan indicating location, size and type of existing and proposed materials;
_28. Restrictive covenants, grants of easements, or other restrictions in a recordable form;
_29. Common open space plan, and proposed amenities (if applicable);
_30. Lighting plan indicating location, type, direction, and intensity measured'in footcandles;
•"and"' ' , ' " • ' . . . • ' •
__31. Location and characteristics of any historical structures and sites.
78'
Appendix B
Preliminary PUP Checklist
Preliminary Planned Unit Development (PUD) Plan Application ChecklistDDThe development
concept of all land areas encompassed by the preliminary development plan shall be adequately
described in scaled drawings and related reports. Applicants shall define the general form and
extent of proposed development in sufficient detail to demonstrate compliance with- all
development and performance requirements. At a minimum, the application shall include the
following:
1. The preliminary development plan shall be prepared by a registered professional
architect or engineer .licensed to practice in the State of Arkansas, and submitted on a
suitable medium. The drainage plans, and street construction details, spedfically,:shall
be prepared by.-a,professional civil engineer licensed to practice in the State of Arkansas.
The preliminary development plan shall bear a legible stamp of the architect or engineer
.preparing the plan, on each page submitted;.
2. Parcel size (acreage,and square footage);
3. Total square footage of building coverage;.
4. Density (number of residential units per net acre); '
_5. Total square footage of private open space provided for each residential unit, if
applicable;
_6. Total square footage of common open space provided on the total site for the use and
benefit of all the occupants, less parking lots, streets, and driveways-, if applicable;
_7. North arrow and graphic scale;
_8. Proposed public utility layouts (sewers, water, electricity, gas, etc.) showing feasible,
connections to the existing, or proposed public utility systems;
_9. Location of existing-and platted property lines, streets, buildings, bridges, culverts, drain
pipes, water mains, sewers, public utility easements, wooded areas, wetlands and the
zoning classification of the proposed PUD and of the adjacent land;
_10. Contour intervals of two feet (2');
79
11. The names, rights-of-ways and surface widths," grades, and locations of all proposed
streets. The location and dimensions and use of proposed easements; and, location and
dimensions of proposed open space; :
12, .'Proposed profile of street grades;
13. Areas within the PUD that are designated1 to be developed in phases shall be clearly
indicated with a date of completion for each phase indicated;
_14. Proposed streets shall be designated as public dedicated, or private streets;
15. Adequate provisions for drainage of surface water shall be submitted in sufficient detail
to provide for a review by the city engineer. Drainage plans shall provide a description,
specifications and drawings prepared by a professional civil engineer licensed to practice
in the State: of Arkansas. The drainage plan shall indicate adequate provisions 'to provide
draiaage for the PUD, and for adjacent areas affected by drainage across, or from said
.development, "
_16. Preliminary development plans shall be submitted in-ten (10) copies at a scale of one
• - ; inch (!"} equals one hundred feet (100');
\1. Traffic impact study prepared by a registered professional engineer, if requested by the
zoning official; • . • ' • • • • .
^18-v,Conceptual:'landscape planindicatingplant materials and location;
_19... Lot-design-and layout of multi-fkniily-developments;
20. Typical square footage of each dwelling unit type;
u ,.2-1. Minimum: setbacks;
_. 22. .Floor area ratios of all nonresidentialus'es;
_ 23. Location and square footage of all nonresidential uses; and
_' - 24. Height of structures in stories and feet
Appendix C
Final PUD Plan Checklist
Fiaal Planned Unit Development (PUD) Plan Application Checklist, At a minimum, the final
development plan, shall contain all information required in the preliminary development plan,
plus the .following, and be submitted on a suitable medium: . ' . '
1. Letter from the applicant requesting a final development plan review;
2. Description of the maintenance provisions of the development, where applicable;
3. Survey of the property, . .
_4. Starting date and dates when variousphas.es are projected to be completed;
_5. Indication, in feet, of the interior curb radius for.all vehicle turning movements within,
into, and off the site;
_6. Illustration of proposed.street improvements to; be provided in relation to -property lines,
including additional dedication, if required, and width of curb cuts;
_7. Illustration of existing and proposed water supply for fire protection; utility -systems,
including sanitary sewers, water, electric, cable television, gas and telephone; necessary .
easements for said utilities .indicated, and evidence of approval from the responsibleutility
providers. Illustration of existing storm sewers, ditches, or waterways; and,
dedicated easements for said drainage indicated, and approved by the city^engineer as 'to
the adequacy of said easement for maintenance access;
_8. Illustration of location of structures, structure dimensions, including building height and
dimensional distances between structures. "Where structures abut a public or-priva'te. street
right-of-way the dimensions from structure foundations to said right-of-way must be
indicated. The dimensional distances between structures shall he-measured to the nearest
point of the structure; and
_9. Detailed landscaping plan showing the spacing, size, and specific types of landscaping
material for all areas of the PUD that are designated as .common usable-open- space, plus
the landscaping requirements.
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