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Ordinance #117

THE TOWN OF JOHNSON INTERIM ZONING ORDINANCE
WHEREAS, the Town Council of Johnson, Arkansas, deemed it necessary
to have an interim zoning ordinance prepared to better cope
with increasing needs to insure quality development to keep
pace with growth; and
WHEREAS, the Johnson Planning Commission has determined that there
is a need to establish some interim development guidelines
while the Planning Commission studies and recommends to the
Town Council a more permanent set of development guidelines.
NOW THEREFORE BE IT HEREBY ORDAINED by the Town Council of Johnson,
Arkansas, in regular session assembled as follows:
SECTION I PURPOSE
It is the intent of this zoning interim ordinance to divide the
Town into zones or districts restricting and regulating therein the
location, erection, construction, reconstruction, alteration and
use of buildings, structures and land for trade, industry,
residence and other specified uses,- to regulate the intensity of
the use of lot areas and to regulate and determine the area of open
spaces surrounding such buildings; to establish building lines and
the location of buildings designed for specified industrial,
business, residential and other uses within such area,- to fix
standards to which buildings or structures shall conform therein;
to prohibit uses, buildings or structures incompatible with the
character of such districts, respectively; to prevent additions to
and the alterations or remodeling of existing buildings or
structures in such a way as to avoid the restrictions and
limitations lawfully imposed hereunder; to limit congestion in the
public streets by providing for the off-street parking and loading
and unloading of vehicles; providing for the gradual elimination of
nonconforming uses of land, building and structures; and
prescribing penalties for the violation of this ordinance; to
lessen congestion in the streets, to secure safety from fire, panic
and other dangers; to provide adequate light and air; to prevent
the overcrowding of land; to conserve the taxable value of land and
buildings throughout the town; to promote the public health,
safety, and general welfare; and for other purposes.
SECTION II TITLE
This ordinance may be known and may be cited as the Town of Johnson
Interim Zoning Ordinance No 117 .

 

SECTION III DEFINITIONS
For the purpose of this Ordinance, certain terms and words are
hereby defined,- words used in the present tense shall include the
future words used in the singular number shall include the plural
number, and the plural the singular; the word "building" shall
include the word "structure"; and the word "lot" shall include the
word "plot"; and the "shall" is mandatory and not directory.
Accessory Buildings and Uses: An accessory building is a
subordinate building or a portion of the main building, the
use of which is clearly incidental to, or customarily found in
connection with, and (except as otherwise provided in this
Ordinance) located on the same lot as, the use of the main
building or principal use of the land. An accessory use is
one which is clearly incidental to, or customarily found in
connection with, and on the same lot as, the main use of the
premises. When "accessory" is used in the text, it shall have
the same meaning as accessory use.
Acreage: Any tract or parcel of land which has not been subdivided
and platted.
Alley: A public passage or way affording a secondary means of
vehicular access to abutting property and not intended for
general traffic circulation.
Apartment: A room or suite of rooms in a multi-family structure
which is arranged, designed, used or intended to be used as a
housekeeping unit for a single family.
Automobile Junk or Salvage Yard: An area outside of a building
where motor vehicles are disassembled, dismantled, junked, or
"wrecked", or where motor vehicles not in operable condition
or used parts of motor vehicles are stored.
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.
Billboard: Any structure or portion thereof upon which are signs
or advertisements used on 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,- the word
building shall include the word structure.

 

Building Area: The buildable area of a lot is the space remaining
after the minimum open space requirements of this Ordinance
have been complied with.
Building, Height of: The vertical distance measured from the
average elevation of the finished grade of the lowest floor of
the building to the highest point of the structure, exclusive
of chimneys, ventilators, or other extensions above the roof
line that are not intended for occupancy or internal usage by
persons.
Building Line: A line drawn on plats and other property
description maps delineating the area within which a structure
can be built.
Building, Main or Principal: A building in which is conducted or
intended to be conducted, the main or principal use of the lot
on which said building is located.
Carport: A structure attached or made a part of the main
structure, and which is open to the weather on a least two
sides, intended for the use of sheltering not more than two
motor driven vehicles.
Child Care Center: Any place, home or institution which receives
five or more children under the age of sixteen (16) years, and
not of common parentage, for care apart from their natural
parents, legal guardians, or custodians, when received for
regular periods of time for compensation,- provided, however,
this definition shall not include public and private schools
organized, operated or approved under the laws of this State,
custody of children fixed by a court of competent
jurisdiction, children related by blood or marriage within the
third degree of the custodial persons, or to churches or other
religious or public institutions caring for children within
the institutional building while their parents or legal
guardians are attending services or meetings or classes or
engaged in church activities.
Clinic, Dental or Medical: A facility for the examination and
treatment of ill and afflicted human out-patients,- provided,
however, that patients are not kept overnight except under
emergency conditions.
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.
District, Zoning: Any section, sections, or divisions of the Town
for which the regulations governing the use of land, density,
bulk, height, and coverage of buildings and other structures
are uniform.

Drive-in Commercial Uses: Any retail commercial use providing
considerable off-street parking and catering primarily to
vehicular trade such as drive-in restaurants, drive-in
theaters, and similar uses.
Dwelling: Any building, or portion thereof, which is designed or
used as living quarters for one or more families, but not
including house trailers, mobile homes, travel trailers, or
other recreation vehicles.
Dwelling, Attached: A dwelling having any portion of one or more
walls in common with adjoining dwellings.
Dwelling, Detached: A dwelling having open space on all sides.
Dwelling, One-family: A detached residential dwelling unit
designed for and occupied by one family only, and being
securely attached to a permanent foundation.
Dwelling, Mobile Home: A detached residential dwelling unit
designed for transportation on streets or highways on its own
wheel or on flatbed or other trailers, and arriving at the
site where it is to be occupied as a dwelling complete and
ready for occupancy except for minor and incidental unpacking
and assembly operations.
Dwelling, Two-family: A structure designed to be occupied by two
families living independently of each other.
Dwelling, Multiple-family: A structure designed for occupancy by
three or more families living independently of each other,
exclusive of auto or trailer courts or camps, hotels, or
motels.
Dwel 1 ing, Townhous e or Row Hous e: Two or more dwel 1 ing unit s
attached at the side or sides, each unit of which has a
separate outdoor entrance and is designed to be occupied and
may be owned by one family.
Dwelling Units: One or more connected rooms established for owner
occupancy, rental or lease, and physically separate from any
other rooms or dwelling units in the same structure and
containing independent cooking and sleeping facilities.
Family: One or more persons related by blood or marriage,
including adopted children, or a group of not to exceed four
(4) persons not all related by blood or marriage, occupying
premises and living as a single, non-profit housekeeping unit,
as distinguished from a group occupying a boarding or lodging
house, hotel, club, or similar dwelling for group use. A
family may include domestic servants employed by said family.

Fence: A man-made barrier constructed to provide privacy or visual
separation between one ownership and another.
Floor Area: The sum of the gross horizontal areas of all of the
floors of a building or buildings measured from the exterior
faces of exterior walls or from the centerline of walls
separating two buildings.
Garage, Private: An accessory building or a part of a main
building used for storage purposes only for vehicles and
personal belongings, used solely by the occupants and their
guests of the building to which it is accessory.
Garage, Public or Repair: A building in which are provided
facilities for the care/ servicing, repair, or equipping of
automobiles.
Gasoline or Service Station: Any building, structure, or land used
primarily for the dispensing and sale of fuels, oils,
accessories, or minor maintenance and repair services but not
including painting, body work, or major repairs.
Home Occupation: Any use conducted within the dwelling and carried
on by the inhabitants which is clearly incidental and
secondary to dwelling purposes and does not change the
character thereof; provided that no article is sold or offered
for sale except that produced on the premises by members of
the immediate family.
Hospital: An institution providing health services primarily for
human in-patient or medical or surgical care for the sick or
injured, and including related facilities such as
laboratories, facilities and staff offices which are an
integral part of the facilities.
Hotel: A building or part thereof occupied as a more or less
temporary abiding place for individuals in which the rooms are
usually occupied singularly for hire and in which rooms no
provisions for cooking is made, and in which building there is
usually a kitchen and public dining room for the accommodation
of the occupants and guests. This definition does not include
an auto or trailer court or camp, sanatorium, hospital,
asylum, orphanage, or building where persons are housed under
restraint.
Kennel: Any lot or premises on which four (4) or more dogs or
cats, more than six months of age are boarded for monetary
gain.
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.
Lot: A parcel of land occupied or intended for occupancy by a use
permitted in this Ordinance including one main building
together with its accessory building, and the open spaces and
parking spaces required by this Ordinance/ and having its
principal frontage upon a street.
Lot, Area: The total horizontal area included within the lot.
Lot of Record: A lot or parcel of land, the deed to which has been
recorded in the office of the County Recorder of Washington
County prior to the adoption of this ordinance.
Lot, Comer: A lot abutting upon two or more streets at their
intersection.
Lot, Depth: The horizontal distance between the front and rear lot
lines measured at right angles to the lot width at a point
midway between the side lot lines.
Lot, Double Frontage: A lot which is an interior lot extending
from one street to another and abutting a street on two ends.
Lot Lines: The lines bounding a lot as defined herein.
Lot Line, Front: In the case of an interior lot, the line
separating said lot from that street pavement edge or right of
way which is designated as the front street in the request for
a building permit.
Lot Line, Rear: The lot boundary opposite and most distant from
the front lot line. In the case of a pointed or irregular
lot, it shall be an imaginary line parallel to and farthest
from the front lot line.
Lot Line, Side: Any lot line other than a front or rear lot line
as defined herein.
Lot, Interior: A lot other than a corner lot.
Lot, Width: The horizontal distance between the side lot lines
measured at right angles to the lot depth, at a point midway
between the front and rear lot lines.
Manufactured Home: A detached single-family dwelling unit
fabricated on or after June 15, 1976, in an off-site
manufacturing facility for installation or assembly at the
building site as a permanent structure with transport features
removed, bearing a seal certifying that it is built in
compliance with the Federal Manufactured Housing Construction

and Safety Standards Code. This Code means the standard for
construction, design and performance of a manufactured home as
set forth in the Code of Federal Regulations, Title 24, Part
3280, 3282, 3283, and 42 USC 5401, ET _SEQ., as mandated in the
United States of America and as administered by the United
States Department of Housing and Urban Development.
Mobile Home: A movable or portable structure built prior to June
15, 1976, the effective date for the Federal Mobile Home
Construction and Safety Act of 1974, which is larger than
three hundred twenty (320) square feet, and designed to be
used as a year-round residential dwelling unit. A mobile home
which is to be located in a mobile home park shall meet all of
the specifications and standards as required for such mobile
home parks and each individual mobile home must be anchored in
compliance with the design load requirements of the Building
Code of the Town of Johnson, Arkansas. A mobile home which is
to be placed in an approved mobile home subdivision must be
placed upon poured footings and piers or perimeter foundations
constructed to Building Code specifications and completely
enclosed (no exposed piers); and all transport elements such
as wheels, axles, trailer or transport hitches and exterior
light systems attached for highway usage must be removed.
Furthermore, all such mobile homes shall provide on-site an
all-weather off-street parking space and the placement of the
mobile home must be such that it conforms with all bulk and
area requirements of the zoning district.
Mobile Home Park: Land or property containing a minimum of two (2)
acres which is used or intended to be used or rented for
occupancy by mobile homes or movable sleeping quarters of any
kind.
Motel: A motel or motor court is a business comprised of a
building or group of buildings so arranged as to furnish
overnight accommodations for transient guests.
Nonconforming Use: Any building or land lawfully occupied by a use
at the time of passage of this Ordinance which does not
conform with the use or area regulations of the district
within which it is located.
Nursing Home: Any premises where more than three persons are
lodged and furnished with meals and nursing care.
Open Space: An unoccupied space open to the sky on the same lot
with the building and occupied by no structure or portion of
structure whatever.
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 Space, Off-street: An off-street parking space shall
consist of a space adequate for parking an automobile with
room for opening doors on both sides.
Principal Use: The specific primary purpose for which land,
building, or structure is used or intended to be used.
Porch: A roofed projection out from the wall or walls of a
building and commonly open to the weather in part.
Public Utility: Any person, firm, corporation, municipal
department, or board, duly authorized to furnish, and
furnishing under regulations to the public, electricity, gas,
telephone, television cable, telegraph, transportation,
drainage, water, or sanitary sewage.
Satellite Television Receiving Dishes, Ground Mounted: A device
commonly parabolic in shape, mounted at a fixed point on the
ground for the purpose of capturing television signals
transmitted via satellite communications facilities and
serving the same or similar function as the common television
antenna. Said devices are herein defined as accessory
structures.
Service Station: See Gasoline Service Station.
Setback: Distance between the lot line or planned right-of-way
line and the building line. For the purposes of this
ordinance, the planned right-of-way shall be 50 feet for local
streets, 60 feet for collector streets, and 80 feet for
arterial streets, as shown on the Master Street Plan. To
determine the setback, the planned right-of-way shall be used
unless the existing right-of-way is greater than the planned
right-of-way, in which case the existing right-of-v/ay shall be
used.
Sign: A sign is any structure or part thereof, or any device
attached to, painted on, or represented on a building or other
structure, upon which is displayed or included any letter,
work, model, banner, flag, pennant, insignia, decoration,
device, or representation used as, or which is in the nature
of an announcement, direction, advertisement, or other
attention directing device. The following shall not be
included in the application of the regulations herein;
(a) Signs not exceeding one square foot in area and bearing
only property numbers, post box number, names of
occupants, or premises or other identification of
premises not having commercial connotations;

(b) Flags and insignia of any government except when
displayed in connection with commercial promotion,-
(c) Legal notices, identification, informational or
directional signs erected or required by governmental
bodies ,-
(d) Integral decorative or architectural features of
buildings, except letters, trademarks, moving parts, or
moving lights;
(e) Signs directing and guiding traffic and parking on
private property but bearing no advertising matter.
Sign Area: The area within a line including the outer extremities
of all letters, figures, characters, and delineations, or
within a line including the outer extremities of the framework
or background of the sign, whichever line includes the larger
area. The support for the sign background, whether it be
columns, a pylon, or a building or part thereof, shall not be
included in the sign area.
Sign, On-Site: A sign relating in its subject matter to the
premises on which it is located, or to products,
accommodations, services or erected by the outdoor advertising
industry in the conduct of the outdoor advertising business.
Sign, Off-Site: A sign other than an on-site sign.
Story: That portion of a building, other than a basement, included
between the surface of any floor and the surface of the floor
next above it or, if there is no floor above it, the space
between the floor and ceiling next above it. A half story is
a partial story under a gable, hip, or gambrel roof, the wall
plates of which on at least two opposite exterior walls are
not more than four feet above the floor of each story.
Street Line: The right-of-way line of a street.
Street: Any public or private thoroughfare which affords the
principal means of access to abutting property.
Structure: Anything constructed or erected, the use of which
requires a fixed location on the ground or attached to
something having a fixed location on the ground.
Structural Alterations: Any change in the supporting members of a
building, such as bearing walls or partitions, columns, beams,
or girders, or any substantial change in the roof or in the
exterior walls.
Travel Trailer.- The travel trailer unit is a dependent temporary

single-family dwelling built on a chassis not exceeding 8 feet
wide and 32 feet long designed for short-term occupancy and
frequent travel, requiring park services for utility and
sanitary facilities. Unit may be self-propelled or towed
behind a vehicle without a special permit required. If a
travel trailer is to be lived in for a period of more than six
(6) continuous weeks it shall be considered a mobile home and
meet all of the requirements for a mobile home.
Travel Trailer Park: A unified development under private ownership
designed primarily for transient service, on which travel
trailers, pick-up coaches, and self-propelled, motorized
vehicles are parked or situated for short-term occupancy. The
owner shall provide park services for utility and sanitary
facilities.
Use: The purpose for which land or a building thereon is designed,
arranged or intended, or for which it is occupied or
maintained, let or leased.
Yard: An open space on the same lot with a building unobstructed
from the ground upward and measured as the minimum horizontal
distance between the lot line and the main building.
Yard, Front: A yard extending across the front of a lot between
the side yard lines, and being the minimum horizontal distance
between the street line and the main building or any
projections thereof other than the projections of uncovered
steps, uncovered balconies, terraces, or uncovered porches.
On corner lots the front yard shall be considered as parallel
to the street upon which the lot has its least dimension.
Yard, Rear: A yard extending across the rear of the lot between
the side lot lines and measured between the rear lot line in
the rear of the main building or any projection other than
steps, unenclosed porches, or entryways.
Yard, Side: A yard between the main building and the side line of
the lot, and extending from the front lot line to the rear
yard, and being the minimum horizontal distance between a side
lot line and the side of the main building or any projection
thereof.
Zoning Lot: A parcel of land that is designated by its owner or
authorized agent as a tract, all of which is to be used,
developed, or built upon as a unit under a single ownership.
A zoning lot may consist of any standard lot or a combination
of lot and any legally recorded portion of a lot that existed
prior to the passage of this Ordinance. When determining the
front, rear and side yard setbacks for a zoning lot, the
required distance shall be measured from the exterior
boundaries of said zoning lot.

SECTION IV THE ZONING MAP
1. Adoption. The Town of Johnson, Arkansas, is hereby divided
into districts as shown on the zoning map, a copy of which is
attached hereto and marked "Town of Johnson Interim Zoning
Map" for reference, and which is hereby adopted as part of
this ordinance. The official zoning map shall be filed in the
Office of the Town Clerk.
2 . Authentication. The official interim zoning map shall bear the
signature of the Mayor of Johnson, Arkansas, attested by the
Town Clerk, and shall also bear the date of the adoption of
this Ordinance. The official interim zoning map shall be
conclusive proof of the districts designated thereon.
3. Amendment. Any changes to the zoning map may be made only in
conforrnance with the amendment procedures of this ordinance.
Such changes shall be promptly entered on the map with the
date and ordinance number affecting the changes ,
4. Map Interpretation. In interpreting the boundary line of any
district shown on the zoning map, the following rules shall
A. Boundary lines following streets and alleys shall be
construed as following the center lines thereof.
B. Boundary lines approximately following lot or parcel
lines shall be construed as following such lot or parcel
lines .
C. Boundary lines dividing a lot or parcel shall be
construed as being in the scaled location shown on the
map.
D. Boundaries indicated as approximately following town
limits shall be construed as following town limits .
E. Boundaries interpreted as following railroad lines shall
be construed to be midway between the main tracks .
F. Boundaries indicated as parallel to or extensions of
features mentioned in the preceding rules shall be so
construed.
G. In circumstances not covered by the preceding rules, the
Planning Commission shall interpret the district
boundaries .

SECTION V GENERAL PROVISIONS
1. All street and alley rights-of-way, if not otherwise
specifically designated, shall be deemed to be in the same
zone as the property immediately abutting upon such alley or
street rights-of-way. Where the center line of a street or
alley serves as a district boundary the zoning of such street
or alley, unless otherwise specifically designated, shall be
deemed to be the same as that of the abutting property up to
such center line.
2. No building or structure shall be erected, converted,
enlarged, reconstructed or structurally altered, nor shall any
building or land be used for any purpose other than as
permitted in the district in which the building or land is
located.
3. No building or structure shall be erected, converted,
enlarged, reconstructed or structurally altered to exceed the
height limit herein established for the district in which the
building is located. Exceptions are roof structures for the
housing of elevators, stairways, tanks, ventilating fans or
similar equipment to operate and maintain the building, and
firewalls, skylights, towers, steeples, flagpoles, chimneys,
smokestacks, radio and television aerials or antennas,
wireless masts, water tanks, or similar structures. These
exceptions may be erected above the height limits herein
prescribed but when erected they shall not extend more than
twenty-five (25) feet above the height limits of the district
in which located. Aerials or antennas designed to aid home
television or radio reception may be erected to a height not
to exceed sixty {60} feet from the ground level, provided they
are attached to the building or erected in the rear yard area.
4. No building or structure shall be erected, converted,
enlarged, reconstructed or structurally altered except in
conformity with the area regulations of the district in which
it is located.
5 . No space of a lot defined by this ordinance as part of a side
yard, rear yard, front yard, court or other open space may (by
reason of change in ownership or otherwise) be counted or
calculated to comply with a yard, court or other open space
requirement of or for any other building.
An open terrace, not roofed over, may occupy a front yard
provided the unoccupied portion of the front yard has a depth
of not less than fifteen (15) feet. A one-story bay window
may proj ect into a front yard not more than three feet.
Overhanging eaves, including gutters, may not project over the
minimum required side yard.

The minimum side yards or other open spaces, including lot
areas per family required by this Ordinance for each and every
building existing at the time of passage of this ordinance, or
for any building hereafter erected, shall not be encroached
upon or considered as yard or open-space requirements for any
other building.
6. Every building hereafter erected or structurally altered to
provide dwelling units shall be located on a lot as herein
defined and in no case shall there be more than one such
building on one lot unless otherwise provided in this
Ordinance.
7. Any separate tract of record at the time of the adoption of
this Ordinance, that does not meet the requirements of this
Ordinance for yards, courts, or other area of open space may
be utilized for single residence purposes provided the
requirements for such yard or court area, width, depth or open
space is within seventy (70%) percent for that required by the
terms of this ordinance. The purpose of this provision is to
permit utilization of recorded lots which lack adequate width
or depth as long as reasonable living standards can be
provided. Setback requirements must be met,
8. No building shall be constructed or erected upon a lot, or
parcel of land, which does not abut upon a public street or
permanent easement of access to a public street which easement
shall have a minimum width of twenty-five (25) feet, unless an
easement of lesser width was of record prior to the adoption
of this amended Ordinance.
9. No wall, fence or shrubbery shall be erected, maintained or
planted on any lot which obstructs or interferes with safe
traffic visibility on a curve or at any street intersection
within a triangle formed between the corner and a point twenty
five (25) feet down each street along the street right-of-way
line.
10. A dwelling shall not be erected in the "I" industrial
district; however, the sleeping quarters of a watchman or
caretaker are permitted.
11. Nothing in this Ordinance shall be deemed to require any
change in the plans, construction or designated use of any
building upon which actual construction was lawfully begun
prior to the adoption of this Ordinance, and upon which
building actual construction has been diligently carried on,
and provided further, that such building shall be completed
within two years from the date of passage and publication of
this Ordinance.

Any area annexed to the town shall, upon such annexation, be
automatically zoned "A-l" until otherwise zoned.
SECTION VI. DISTRICTS
1. In General. The Town of Johnson, Arkansas, is hereby divided
into the zoning districts listed below. No use permitted in
one district shall be permitted in any other district unless
so provided in this chapter.
A-l - AGRICULTURAL
R-l - LOW DENSITY RESIDENTIAL
R-2 - MEDIUM DENSITY RESIDENTIAL
R-3 - HIGH DENSITY RESIDENTIAL
R-4 - MOBILE HOMES
R-O - RESIDENTIAL OFFICE
C-l - LOW DENSITY COMMERCIAL
C-2 - GENERAL COMMERCIAL
I - INDUSTRIAL
2. Application. As to any use proposed for a zoning district
which is not expressly permitted or prohibited within that
district, the Planning Commission shall determine whether the
use shall be allowed within the district and shall consider
the .following factors :
A. The character of uses expressly permitted in the
district.
B. The traffic flow which would be created by the proposed
use.
C. Any possible air, water or noise pollution.
D. Parking and access requirements of the proposed use.
E. Any necessary extension of utilities.
F. Existing neighborhood uses including those now within the
district for which the use is proposed.
G. The expected impact of the proposed use on the aesthetic
character of the Town of Johnson, Arkansas.
3. Zoning Districts, Character and Description
A. Residential Districts. These districts are designed to
provide a suitable environment for residential and family life
including accommodations for recreation areas, schools,
churches, community facilities and public utilities. Internal
stability, attractiveness, order and efficiency are encouraged
by providing for adequate light, air and open space for
dwellings and related facilities and through consideration of
the proper functional relationship of each element.
Residential areas should be protected from encroachment by
incompatible uses.

A-l: AGRICULTURAL. The Agricultural district is designed
to provide for the compatible existence of agricultural
activities within the town's corporate boundaries so that
agricultural uses are protected as a valuable natural
resource and do not unduly disturb the desirable
functioning of residential, commercial, industrial or
other uses.
2) R-l: LOW DENSITY RESIDENTIAL. The low density
residential district is intended to provide for the
development of medium and large lot family residences and
related recreational, religious and educational
facilities normally required for a balanced and
attractive residential area.
3) R-2: MEDIUM DENSITY RESIDENTIAL. This district provides
for the development of small single family and two family
residences.
4) R-3: HIGH DENSITY RESIDENTIAL. This district provides
for development of single family through multi-family
residences including a wide variety of housing types
including rooming and boarding houses.
5) R-4: MOBILE HOME DISTRICT. This district provides for
lower cost housing through the location of mobile homes
in the Town of Johnson in rental park settings, or in
subdivisions which provide for ownership of structure and
lot. The district should be located so that it does not
adversely affect established residential patterns and
densities in the city but it should also have the public
utilities, community facilities, and other public
services that will provide a healthful living environment
with all the normal amenities of Johnson' s other
residential districts.
6) R-O: RESIDENTIAL OFFICE DISTRICT. This district provides
for the harmonious blending of residential and low
activity commercial and professional office uses having
more of a residential than a commercial character in
building types, open space, traffic circulation, and
parking arrangements. This district is also provided as
a buffer for the stabilization of residential land use on
the fringe of high activity commercial and industrial
areas and to protect adjacent residential areas from
commercial and industrial encroachment.
B. Commercial Districts. These districts are designed to provide
an appropriate environment from low to high density retail
commercial and industrial activities.

C-l: LOW INTENSITY COMMERCIAL DISTRICT. This district
provides for the development of retail commercial
activity which does not generate high traffic volume or
large parking requirements. Retail stores which depend
upon high volume consumer patronage are expressly
forbidden.
2)C-2: GENERAL COMMERCIAL DISTRICT. This district provides
for the development of all types of retail commercial
activity and a wide range of retail uses and personal
services normally accessible to the public by automobile.
C. Industrial District
1) I: INDUSTRIAL DISTRICT. This district provides for
general manufacturing and industrial activities including
manufacturing, wholesaling, warehousing, storage,
assembling, packaging, and related uses.

4. Permitted Uses by Zoning District Table
The following table indicates allowable uses by an X or SP opposite
the use and under the column for each zone in which the use is
allowed. An "X11 indicates the use is allowed. An "SP" indicates
the use is permitted only in special cases when it will not
adversely affect surrounding property because it can/ in some
circumstances, more intensely dominate an area.
PERMITTED USES RESIDENTIAL ZONING DISTRICTS
A-l R-l R-2 R-3 R-4 R-0
Single Family
Single Family Mfg. Home
Single Family Zero Lot Line
Single Family Attached
Single Family Mobile Home
Townhouses
Duplexes
Multifamily Dwellings
Mobile Home Subdivisions
Mobile Home Parks
Rooming/Boarding House
Church - places of Worship
Child Care Center
Club or Lodge - Private
Community Building
Home Occupation
Hospital, Health Center
Institution for Aged/Children
Nursing/Rest Home
Park/Recreatio'nal Facility
Raising of Livestock & Poultry
School, Nursery, Day Care
X X- X
X
SP
X
X
SP X
SP
SP
SP SP
SP SP SP
SP
SP
SP X
X
SP SP SP
XS
P
X
X
X
X
X
X
X
SP
SP
SP
SP
SP
SP
SP
X
SP
X
X
X
X
X
SP
SP
SP
SP
SP
SP
SP
X
SP
X
X
X
X
X
X
X
SP
SP
SP
X
for Children subject to
Art. 5 Sec. 3
School, Public or Parochial SP SP SP X SP x
Antique Shop SP
Field Crops/Gardens X X X X X X
Accessory Uses as defined in X x X x x
Art. X that are accessory to
permitted uses in the district
17 93 60758
PERMITTED USES COMMERCIAL & INDUSTRIAL DISTRICTS
R-O C-l C-2 I
Aircraft Landing Strip SP
Automotive Body Shop
Automotive Car Wash
Automotive Service Station without
painting, motor or body repair
Bank, Savings & Loan SP
Barber & Beauty Shop SP
Bulk Storage -Goods & Materials*
Child Care Center SP
Clinic-dental, Medical, Osteopathic, X
Chiropodist
Club or Lodge SP
Drug Store or Pharmacy SP
Dry Cleaners & Laundry
Eating Place, interior dining
No drive-in auto service
Eating Place providing Auto Service
Florist Shop & Greenhouse
Funeral Home, Mortuary, Undertaker
SP
XS
P
XX SP
X
X
X
X
X
SP
SP
SP
SP
X
X
X
X
X
X
SP
X
X
X
X
X
X
X
X
SP
X
X
X
X
Hotel or Motel X
Manufacturing & Assembly X
Professional Offices X X X
Public Building & Facilities SP X X
Repair or Service Establishments SP X X X
Retail Establishments SP SP X
School, Nursery or Day Care X X SP
Studio, photographic, musical X X X
Processing Plant X
Theater, indoor SP X
Warehousing, inside storage SP X
Wholesale establishment X X
* All exterior bulk storage of goods and materials must be within the confines
of structures or enclosed entirely by a sight-proof fence at least six feet high.
18
93 60759
5. Yard and Area Requirements.
No lot or yard shall be established or reduced in dimension or area
in any district that does not meet the minimum requirements set
forth in the following table. No building or structure shall 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 the following table. All uses not specifically listed
below, e.g. community facilities, public utilities, etc., shall
meet the most restrictive area, yard and height requirements listed
below for the zoning district in which they are located.
ZONING DISTRICT LOT AREA LOT AREA LOT FRONT SIDE Y A R D REAR MAXIMUM HEIGHT
& USE SQ.FT. per FAMILY WIDTH YARD INTERIOR CORNER STORIES FT.
* INTERIOR EXTERIOR
A-l Single Family 1 acre 1 acre 100 25 10 10 25 25 2 1/2
R-1
R-2
R-3
R-4
R-0
other
C-1
02
I
Single Family
Single Fami ly
S.F. Attached
S.F. Zero Lot(d)
Duplex
Single Fami Ly
S.F. Mfg'd.
S.F. Attached
S.F. Zero Lot
Duplex
Townhouses
Multi-Family(c)
M.F. Mfg'd
H. H. Subdiv.
H. H. Park
r *
Single Fami ly
Duplex
Townhouses/
MuLti-family(c)
R-O uses
Comnercial
Commercial
Industrial
9,000
7,500
6,500
6,500
9,000
6,000
6,000
6,500
6,500
9,000
4,500
10,000
10,000
5 acres
5 acres
6,500
9,000
4,500
10,000
10,000
10,000
1 acre
9,000
7,500
6,500
6,500
4,500
6,000
6,000
6,500
6,500
4,500
4,500
2,500
2,500
5,000
5,000
6,500
4,500
4,500
70
60
45
40
70
50
50
45
40
70
22
70
70
45
40
",
45
70
22
50
50
50
150
25
25
25
25
25
25
25
25
25
25
25
25
25
50
50
25
25
25
25
25
25
25
10
10
TOCb)
10(a>
10
10
10
10(b)
10(a)
10
10(b)
10
10
10
10

10
10
10
8 & 20(f)
0 & 15Cf)
0 & 15(f>
12 & 50(f)
10
10
10
10
10
10
10
10
10
10
10
10
10
10
10
20
20
20
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
50
50
25
25
25
25
25
25
25
25
25
25
HO
20
20
20
20
20
20
20
50
50
-
20
20
20
25
25
25
2 1/2
2 1/2
2 1/2
2 1/2
2 1/2
2 1/2
2 1/2
2 1/2
2 1/2
2 1/2
2 1/2
2 1/2
2 1/2
11
2 1/2
2 1/2
2 1/2
2
32
35
35
35
35
35
35
35
35
35
35
35
35
35
15
15
35
35
35
30
30
36
(a) There shall be a minimum side yard requirement on one side of the dwelling to allow each detached dwelling unit
to be "offset" on the lot to create a more usable side yard. However, where lots are platted for zero lot Line
use any lot Located adjacent to any other residential zone or use must provide a side yard of at Least 8 ft. on
the side directly abutting the zone.
(h) For unattached sides only.
Cc) Minimum Lot width shall be increased by 10 ft. for each dwelling unit exceeding four, up to a maximum required
width of 200 ft.
(d) By special permit.
(e) The lot must adjoin a public street
Cf) When abutting residential property.
* Lot Area size is for sewer, sizes will have to be increased for septic tanks.
19
93 60760
6. Special Uses and Permits
A. General. Some uses are "special" and may or may not be
appropriate within certain zoning districts because of the
unique operational or physical characteristics of the use.
Consideration must be given to each application for a special
use to insure that reasonable conditions and restrictions can
be provided to protect the character and integrity of the area
in which the use is being requested.
B. Uses Restricted to Specific Districts. Uses which are listed
as Special Uses may be located only in the districts
designated in accordance with the Application and Review
procedures in this section.
C. Uses Permitted in Any District. The following uses are
permitted in any district but must each be applied for in
accordance with the Application and Review Procedures in this
section: (1) Cemetery or mausoleum. (2) Greenhouse. (3)
Hospital or Sanatorium, (4) Aircraft Landing Field, (5) Radio
Transmitting Station and Tower, (6) Removal of gravel,
topsoil, or similar neutral material, (7) Public Utility
structure.
D. Application and Review Procedures
1) An application for a Special Use Permit must be filed by
the owner of the property with the Town Clerk. The
application must identify; (a) Name and address of
Applicant; (b) Type of use proposed; (c) Location of the
site of the intended use; (d) Owners of adjacent
properties; and (e) Any other information pertinent to
the use being requested.
2) The Town Clerk shall publish a notice of a Public Hearing
by the Planning Commission on the proposed special use in
a newspaper of general circulation in the Town of Johnson
at least fifteen (15) days prior to the public hearing.
The public hearing notice will state the day, date, time
and location of the public hearing.
3) The Town shall post a sign which states "SPECIAL USE
PERMIT REQUESTED FOR THIS PROPERTY" in a prominent place
within the street right-of-way at the front of the
property. The sign must be at least two (2) feet by two
(2) feet with letters four (4) inches high and must also
display a copy of the application and the public hearing
notice in a weatherproof container.
4} At the public hearing the Planning Commission shall
determine the nature and condition of all adjacent uses
20
93 60761
and structures and whether the proposed use will cause no
change, an improvement, or an adverse effect upon the
adjacent property relative to (a) traffic volume; (b)
noise; (c) sight; (d) sound; (e) aesthetic value; and (f)
economic value,
5) If an application for a special use permit is approved,
the conditions of approval shall be listed on the permit
which shall also include any time limit on the approved
duration of the special use.
6) All special use permits shall be reviewed one year from
the time of issue and annually thereafter by the Planning
Commission. A special called review of a special use
permit may be initiated by a written complaint by a
citizen of Johnson which must cite specific violations of
the conditions of the permit. The holder of the special
use permit shall be notified of all annual and special
reviews by certified mail at least 15 days prior to the
review. The holder of the permit is also responsible for
submitting his or her correct mailing address to the Town
Clerk immediately upon changing mailing addresses. Any
permitted special use found not to be in conformance with
the conditions of the permit shall be revoked by the Town
Clerk if the owner does not bring the use into compliance
within 30 days of the annual review or specially called
review.
SECTION VII - NON-CONFORMING STRUCTURES AND USES OF LAND
1. Non-conforming Use of Land.
Where, on the effective date of adoption of this Ordinance, a
lawful use of land exist under the terms of these zoning
regulations as enacted or amended, such use may be continued, so
long as it remains otherwise lawful, subject to the following
provisions:
A. No such non-conforming use shall be enlarged or increased, nor
extended to occupy a greater area of land than was occupied at
the effective date of adoption or amendment of this Zoning
Ordinance. If any such non-conforming use of land ceases for
any reason for a period of more than one (1) year, any
subsequent use of such land shall conform to the regulations
specified by this Ordinance for the district in which such
land is located.
2 . Non-conf orming- Structures
A. Where a lawful structure exists at the effective date of
adoption or amendment of this Zoning Ordinance that could not
21
93 60762
be built under the terms of these regulations by reasons of
restrictions on area, lot coverage, height, yards, or other
characteristics of the structure or its location on the lot,
such structure may be continued so long as it remains
otherwise lawful,subj ect to the following provisions :
B. Such structure, upon approval of the Board of Zoning
Adjustment, may be remodeled to maintain the premises in a
safe and usable condition.
C. Should a structure be destroyed by any means and
reconstruction is not commenced within one year from date of
destruction, it shall not be reconstructed except in
conformity with the provisions of this Zoning Ordinance,
D. Such structure, upon the approval of the Board of Adjustment,
may be added to if said addition meets the area requirements
of the land use zoning district in which the structure is
located, provided said use of structure is in conformance with
this Zoning Ordinance.
3. Non-conforming- Use of Structures
If a lawful use of a structure, or of structure and premises in
combination, exists at the effective date of adoption or amendment
of this Zoning Ordinance, that would not be allowed in the district
under the terms of this Ordinance, the lawful use may be continued
so long as it remains otherwise lawful, subject to the following
provisions:
A. No existing structure devoted to a use not permitted by this
Zoning Ordinance in the district in which it is located shall
be structurally altered except in changing the use of the
structure to a use permitted in the district in which it is
located.
B. Any non-conforming use may be extended to any portion of a
structure arranged or designed for such non-conforming use at
the time of adoption or amendment of this Zoning Ordinance,
but no such use shall be extended to occupy any land outside
such building.If no structural alterations are made, any nonconforming
use of a structure or structure and premises, may
be changed to another non-conforming use provided that the
Board of Adjustment shall determine that the proposed use is
equally appropriate to the district as the existing nonconforming
use.
D. Any non-conforming use, once changed to a conforming use,
shall thereafter conform to the regulations for the district
in which such structure is located and all new uses shall be
conforming uses.
22
93 60763
E. When a non-conforming use of a structure, or structure and
premises in combination, is discontinued or abandoned for six
(6) consecutive months, the structure or structure and
premises in combination shall not thereafter be used except in
conformance with the regulations of the district in which it
is located.
F. Should a structure containing a non-conforming use be
destroyed by any means to an extent of more than 60 percent
(60%) of its replacement cost at time of destruction, the
owner may request permission of the Board of Adjustment to
reconstruct the structure and to continue the non-conforming
use. The Board of Adjustment may grant or deny a request to
reconstruct such a structure. In granting a request to
reconstruct the structure, the Board may require conformance
to yard requirements, on-lot parking space, adequate screening
from adjacent uses and such other items deemed appropriate to
the district in which located.
SECTION VIII - OFF STREET PARKING REQUIREMENTS
1. General Recruirements .
A. All parking spaces required by this article shall be paved
with a sealed pavement surface and maintained so that no dust
is caused by continued use,
B. Parking spaces used with an existing building on the effective
date of this ordinance are counted, as is, but shall not be
counted to serve additions to the building or any new building
- unless the spaces meet the requirements of this section.
C. Total parking space requirements for mixed uses shall be the
total of all uses calculated according to the square footage
which each use occupies.
D. A parking space shall not be substituted for a loading space
nor a loading space for a parking space.
E. Except for one and two family residences, no parking space
shall be designed so that a vehicle is required to back into
a public street for egress.
F. Parking spaces for nonresidential uses adjacent to residential
zones shall be screened from view of the residential zone(s)
by a barrier of vegetation or fencing which is opaque and not
less than five (5) feet or more than seven (7) feet high and
maintained in good condition.
23 93 60764
2 . Parking- Area Requirements .
A. Automobile parking spaces shall be a minimum size of nine (9)
feet by twenty (20) feet.
B. Handicapped parking spaces shall be a minimum of fifteen (15)
feet by twenty (20) feet which includes a five (5) foot
striped access aisle. Two handicapped spaces may share a
single access aisle within a total space of twenty five (25)
feet by twenty (20) feet.
C. Due to parking problems associated with multi family
dwellings, driveways are subject to individual interpretation
by planning commission and buiding inspector, and may
necessitate increased driveway width.
D. When parking spaces are provided in the front yard of
multifamily housing they must be set back at least fifteen
(15) feet from the street right-of-way line. In addition,
the area between the street right-of-way line and the parking
must be planted with grass, shrubs or ground cover.
E. All parking spaces shall be on the same lot which the use or
building occupies, except for Churches as explained in the
Parking Spaces Required table below.
F. When calculating parking requirements any fraction over 1/2
shall be considered as 1 additional space.
G. For any use not covered below the Planning Commission shall
determine the user demand and the amount of off street parking
required.
24
93 60765
3. Parking Spaces Required.
The following table lists the required parking space for the uses
identified.
USER GROUP SPACES per Condition
All Residential Uses 2 - each dwelling unit.
Auditoriums, Churches*, Halls 1 - each 3 seats based upon maximum
Funeral Homes & Theaters seating capacity and 1 per each employee.
Building Materials Sales 1 - each employee and 1 per each 400 sg.
ft. of retail floor areas.
Convalescent, Nursing and 1 - each 6 beds, 1 per each employees and
Rest Homes 1 per each staff or visiting doctor.
Motels & Rooming Houses 1 - each guest room.
Office Buildings, Lodges 1 - each 300 sq. ft. of gross floor area
and Private Clubs** excluding storage & service area.
Retail Sales 1 - each 200 sq. ft. of retail or public
space, whichever is greater.
Restaurants** 1 - each 50 sq. ft. of dining area.
Industrial, Wholesale & 1 - each employee of largest shift and 1
Warehousing per each truck to be stored on premises.
* Churches may use joint parking facilities for a maximum of 50% of the
required spaces if they are located within 400 feet of the Sanctuary.
** When dining facilities are included with other uses additional
parking spaces will be added according to Restaurant parking standards.
4. Off-Street Loading and Unloading- Requirements
A. One (1) off-street loading space shall be provided for
buildings whose principal use is handling and selling retail
goods with a gross floor area up to and including ten thousand
(10,000) square feet. One (l) additional space will be
required for each additional ten thousand (10,000) square feet
of gross floor area.
B. One (1) off-street loading space shall be provided for
buildings whose principal use is manufacturing, repair,
wholesale and similar uses with a gross floor area up to and
including ten thousand (10,000) square feet. One (1)
additional space will be required for each additional forty
25
93 (
thousand (40 , 000) square feet of gross floor area.
C. Loading spaces for trailer trucks shall be twelve (12) by
fifty (50) feet with a fourteen (14) foot height clearance and
shall be designed with an adequate maneuvering area and an
appropriate means of truck access to a street or alley.
5. Parking and Storage of Commercial Vehicles and Trailers.
Commercial vehicles and trailers of all types, including travel,
camping, hauling and mobile homes shall not be parked or stored on
any lot occupied by a dwelling or on any lot in any residential
district except in accordance with the following provisions:
A. Not more than one commercial vehicle per family living on the
premises, shall be permitted and in no case shall a commercial
vehicle used for hauling explosives, gasoline, or. liquefied
petroleum products be permitted.
B. No trailer (either camping, hauling, travel or other type)
shall be parked or stored for more than one week unless the
trailer is located behind the front yard building line. A
camping or travel trailer shall not be used for permanent
occupancy while it is parked or stored in any area within the
incorporated limits.
SECTION IX SIGNS
3^ Intent and Purpose. The Town Council of the Town of Johnson
recognizes the valid use of signs for advertising and identifying
locations within the community. The Town Council also recognizes
that unrestricted use of signs can create visual pollution, traffic
hazards and general disarray of the community, and for these
reasons feels it necessary to limit the use of signs within
Johnson. The intent and purpose of this section is to provide for
the use of signs in a way that will accommodate the use while at
the same time protect the public interest and the community.
2. Signs Permitted Within Zoning Districts.
A. All Districts. (1) Those signs excluded from the definition
of signs in this Ordinance, and (2) any signs used in
conjunction with or necessary for the provisions of a public
facility.
B. A-l District. (1) Real estate and building construction signs
not to exceed 32 square feet and 10 feet in height,- and (l)
Subdivision name signs when used as an architectural or
landscape feature of the subdivision . (1) Free standing onsite
signs not to exceed 50 square feet for nonresident ial
uses .
26
93
C. R-l, R-2, R-3, and R-4 Districts. (1) Real estate and
building construction signs not to exceed 32 square feet and
10 feet in height. (1) Subdivision or development name signs
when used as an architectural or landscape feature of the
subdivision or development. In the R-2, R-3, and R-4
Districts (1) wall mounted multi-family development
identification signs not to exceed 20 square feet.
D. R-0 District. (1) Real estate and building construction signs
not to exceed 32 square feet and 10 feet in height. (1)
Business signs attached to and within 2 feet for any wall
housing the business, such signs shall not protrude above the
roof line or beyond any wall surface; or (1) free standing onsite
signs not to exceed 50 square feet and the height
limitations of the district. Such signs shall not obstruct
vision of incoming or outgoing traffic.
E. C-l and C-2 Districts. (1) Real estate and building
construction signs not to exceed 32 square feet and 10 feet in
height. (1) Business signs attached to and within 2 feet of
any wall housing the business, such signs shall not protrude
above the roof line or beyond any wall surface; or (1) free
standing on-site signs not to exceed 100 square feet and the
height limitations of the district in which it is located.
Such signs shall not obstruct vision of incoming or outgoing
r . .
F. I District. (1) Real estate and building construction signs
not to exceed 32 square feet and 10 feet in height; (1)
Business signs attached to and within 2 feet of any wall
housing the business such signs shall not protrude above the
roof line or beyond any wall surface; or (1) free standing onsite
sign not to exceed 150 square feet and the height
limitations of the district. Such signs shall not obstruct
vision of incoming or outgoing traffic.
27
SECTION X SPECIAL PROVISIONS
1. Accessory Structures and Uses.
A. One accessory building may be constructed or placed on a lot
containing a residential structure in zones R-l, R-2, R-3 and
R-0 but only for the purposes of private auto shelter,
residential storage, or home workshop. Portable structures
over 120 sq. ft. in area are also governed by these
requirements. The structure must:
1) Occupy less than 10% of the lot area,
2) Be located on the rear two-thirds of the lot, except for
an auto shelter which may be even with the front of the
residence,
3) Conform to set back requirements of the zone,
4) Not exceed the height of the residential structure.
B. An accessory structure may, in addition to the above uses,
provide shelter for a riding horse on a residential lot with
a minimum area of two (2) acres provided:
1} The structure is at least 100 feet from adjacent property
lines,
2} No more than two horses are kept and sheltered on the
property, and
3) Stall area does not exceed 300 square feet.
2 . Acrriculture.
A. The raising of cows, horses, pigs, sheep, goats, and other 4-
legged nondomesticated animals in the A-l District shall be
limited to 2 such animals per acre.
B. The raising of chickens and turkeys in the A-l District shall
not be allowed closer to a residential area or residential
zoning district than 300 feet.
3 . Fences . An ornamental fence, hedge or wall not more than three and
one half (3 1/2) feet in height may project into or enclose any
required front or side yard. Ornamental fences, hedges or walls
may project into the side yard from the front building line of the
structure to the rear lot line, provided such fence and walls do
not exceed a height of six (6) feet .
4. Flammable Liquids and Gases. Flammable liquids and gasses shall
comply with the Arkansas Fire Prevention Code.
5. Height Restrictions. Public, semi-public, or public service
buildings , hospitals , institutions , churches and schools , when
permitted in a district , may be erected to exceed height limits
specified for the district, provided all required yards are
93 60769
increased by one (1) foot for each foot of building height above
the height limit specified on the Yard and Area Requirements Table.
6 . Home Occupations . An occupation may be carried on in a residential
structure in a residential zone if compatible with the neighborhood
and if the following are complied with:
A. Commercial vehicles may be approved for operation from the
residence.
B. No more than two (2) rooms which are normally considered as
living space may be used in the occupation.
C. Any sign to denote the business, occupation or profession,
must not exceed two (2) square feet and such sign must be
attached to the structure.
D. No external display of goods and services is permitted.
E. The occupation must be carried on only by the occupant family
of said residence.
F. No excessive noise, odor, dust or glare.
7. Service Station Pumps. Service station pumps and pump islands may
occupy the required yards provided, however, that they are not less
than fifteen {15} feet from all property lines.
8. Mining, Excavation and Material Storage. Mining, including
extraction of clay, gravel or sand; quarrying of rock or stone,-
earth moving and excavation; depositing of construction material,
clay, earth, gravel, minerals, rocks, sand or stone on the ground
shall not be construed to be a permitted use in any district unless
and until a Special Use Permit is issued by the Planning
Commission, except for the following defined extractions and
deposits:
A. Excavations for the foundation or basement of any building or
for a swimming pool for which a building permit has been
issued, or deposits on the ground of any building construction
materials to be used in a structure for which a building
permit has been issued.
B. Grading of any parcel of land for a permitted use where no
bank is left standing and exposed of more than ten (10) feet
in vertical height.
C. Grading in a subdivision which has been approved by the Town
in accordance with the Town's subdivision regulations.
D. An extractive operation existing and operating as such on the
effective date of this ordinance.
29
93 60770
The Planning Commission may grant Special Use Permits, revocable and
valid for specific periods of time to permit mining or extraction from,
or deposits on the ground of rock, stone, gravel, sand, earth, minerals,
or building or construction materials.
SECTION XI - MOBILE HOMES
1. Mobile Home General
A. A mobile home or manufactured home may be parked outside a
mobile home park, mobile home subdivision or land zoned .
R-3 or R-4 District temporarily for a period not to exceed
seventy-two (72) hours continuous time.
B. All mobile homes or manufactured homes shall be connected to
an approved water and sewerage disposal system.
C. All utility connections to mobile homes, manufactured homes,
mobile home parks or mobile home subdivisions shall be
underground.
D. No garbage or debris shall be permitted to collect in any
mobile home park or mobile home subdivision.
E. No more than one family shall be permitted to reside in any
mobile home or manufactured home.
F. No weeds or tall grass shall be permitted to exist in any
mobile home park, mobile home subdivision or around any mobile
home or manufactured home.
G. A one-time permit and fee shall be required for each mobile
home or manufactured home not located in a mobile home park or
mobile home subdivision. If a mobile home or manufactured
home is proposed to be moved to a new location in the Town of
Johnson not in a mobile home park or mobile home subdivision,
it must comply with the requirements of this Ordinance and a
new permit and fee is required.
H. An annual permit and fee shall be required for each mobile
home park located within the Town of Johnson. This
requirement applies to existing mobile home parks as well as
parks established after the effective date of this Ordinance.
I. The one-time permit for a mobile home of manufactured home and
the annual permit for a mobile home park shall expire upon
removal of the mobile home or manufactured home or removal of
all mobile homes from a mobile home park for a period of more
than 30 consecutive days.
J. The person designated by the Mayor and Town Council is hereby
authorized and directed to make inspections to determine the
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conditions of mobile home parks in order to safeguard the
health and safety of occupants and the general public.
K. There shall be a 20 foot separation between mobile homes or
mobile home and any other structure (measured from exterior
wall of original mobile home or exterior wall of any addition,
carport, garage, covered porch or deck if one is attached
thereto).
2. Mobile Home Subdivision
A. Mobile home subdivisions provide an opportunity for mobile
home ownership of structure and lot for those mobile homes
approved by the Department of Housing and Urban Development
under Title VI of Public Law 90-383, USC 5401 et seg. All
mobile homes so located within an approved subdivision must
have the date plate attached to the unit specifying "This
mobile home is designed to comply with Federal Mobile Home
Construction and Safety Standards in force at the time of
manufacture". Mobile home subdivisions shall fully comply
with the regulations of this Ordinance and further be governed
by the Subdivision Ordinance of the Town of Johnson.
Individual mobile homes located within a mobile home
subdivision must be converted to permanent structures as
defined in this Ordinance.
B. Mobile home subdivisions must have an area set aside and
improved for recreational purposes. All subdivisions shall
develop a recreational area equal to eight percent (8%) to the
total land area of the park.
C. Internal streets and drives shall be designed for safe and
convenient access to all mobile home spaces. All streets
shall be dedicated to the Town of Johnson and constructed
to the standards specified by the Subdivision Regulations.
D. There shall be at least two (2) paved off-street parking
spaces for each mobile home space which shall be on the same
lot as the mobile home it serves.
3. Mobile Home Park
A. All nev; mobile home parks that are established or existing
mobile home parks which are expanded after the effective date
of this Ordinance shall comply with all of the regulations and
standards contained in this section.
B. Mobile home parks shall be developed to provide a desirable
residential environment appropriate to the needs and desires
of the occupants. Mobile home spaces should be harmoniously
and efficiently organized in relation to topography, existing
plant material, and other natural features. A stylized
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uniform pattern in lining up units should be avoided.
C. Mobile home parks must have an area set aside and improved for
recreational purposes. All parks shall develop a recreational
area equal to eight percent (8%) of the total land area of the
park.
D. Internal streets and drives shall be designed for safe and
convenient access to all mobile home spaces. All such
internal drives shall be privately-owned, built, and
maintained. Such roadways shall be at least twenty (20) feet
in width and shall be constructed with a bituminous or
concrete surface.
E. There shall be at least two (2) paved off-street parking
spaces for each mobile home space which shall be on the same
site or located in grouped parking bays specifically designed
for this purpose close to site served.
4. Mobile Home Park/Subdivision Approval Procedure
A. All licenses and permits as required by the Town of Johnson in
this or other applicable Ordinances shall be fully complied
with before the park or subdivision is open to tenants. The
owner or developer shall submit a letter of intent and the
preliminary plans for development of the mobile home park or
subdivision to the Planning Commission for review and approval
prior to preparation of a final plat to insure conformity with
plans and regulations. The preliminary plans submitted shall
include an approval by the Health Department for Water and
Sewer (septic tank), the Electric Company, the Gas Company,
and any other utilities or Town Governmental Departments that
may become involved in the final development of the site. The
mobile home park or subdivision owner or developer shall
submit evidence indicating that he is responsible for the
complete cost of the development including site preparation,
streets, mobile home spaces, installation of all utilities,
driveways, parking areas, park facilities, and recreational
facilities.
B. If after reviewing the preliminary documents the Planning
Commission determines that a public hearing is necessary, then
the Planning Commission shall schedule a public hearing on the
proposed mobile home park or subdivision. The Planning
Commission shall schedule the public hearing within 30 days of
receipt of the preliminary plan and shall advertise such
public hearing by one insertion in a newspaper of general
circulation in Johnson, Arkansas, at least 7 days prior to
such hearing. The owner or developer shall be responsible for
all costs involved in the public hearing.
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After review of the letter of intent, preliminary plans, and
other information submitted by the developer, and after the
public hearing if one is held, the Planning Commission may
approve these plans if it finds that all appropriate
regulations have been complied with. After approval by the
Planning Commission, the developer shall cause to be prepared
a final plat of the proposed mobile home park or subdivision.
This plat shall be prepared by a Registered Professional
Engineer in accordance with the Subdivision Regulations of the
Town of Johnson. A building permit for construction of
the park or subdivision cannot be issued until a final plat
has been approved for the mobile home park or subdivision.
SECTION XII ADMINISTRATION AND ENFORCEMENT
1. Administrative Official. This ordinance shall be administered by
the Code Enforcement Officer designated by the Town Council. The Code
Enforcement Officer shall see that the ordinance is enforced through
proper legal channels. Appeals from decisions of the Code Enforcement
Officer shall be made to the Board of Adjustment. The Code Enforcement
Officer is empowered to carry out and conduct activities essential to
the proper administration and enforcement of this ordinance including,
but not limited to, the following:
A. Permits. To issue Building Permits and Certificates of
Occupancy when such applications are in compliance with this
ordinance. To refuse such applications and written notice
with reasons when not in compliance with this Ordinance.
B. Collections. To collect fees for building permits, variances,
appeals, amendments, and special permits in accordance with
this Ordinance.
C. Records. To make and keep all records necessary including
records of issuance and denial of all building permits and
certificates of occupancy, receipt of complaints of violations
of this Ordinance and action taken and to file these records
in the Town Clerk's office.
D. Inspections. To inspect any building or land to determine
whether any violation of these regulations have been
committed.
E. Enforcement. To enforce these regulations and take all
necessary steps to remedy any condition found in violation.
The Town of Johnson may enjoin any individual or property
owner who is in violation of this Ordinance to prevent or
correct such violation. Any individual aggrieved by a
violation of this Ordinance may request an injunction against
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any individual or property owner in violation of this
Ordinance or may mandamus any official to enforce the
provisions of this Ordinance.
F. Advisements. To keep the Mayor, Town Council, Planning
Commission, and Board of Adjustment advised of all matters,
other than routine, which relate to the administration and
enforcement of these regulations.
2. Building Permits. It shall be unlawful to commence the
construction, reconstruction, moving, demolition or structural
alteration of any building until the Building Inspector has issued
a building permit for such work. No permit shall be issued unless
the proposed construction or use is in full conformity with this
Ordinance and other applicable building laws, Ordinances and
regulations. Applications for building permits shall contain the
owners name and address, the builders name and address, the address
of the construction, the total square footage of construction and
the total estimated cost for materials and labor. The permit
application shall have on it, or be accompanied by, a plan drawn to
scale and including the size of the lot, setback lines and
easements, the location of the building on the lot and any other
information required by the Building Inspector to adequately
describe the work intended. Building permits shall expire six (6)
months from the date of issue unless work is in progress. The
building permit fee schedule is on file in the Office of the Town
Clerk. A certificate of occupancy is required before occupancy.
3. Penalty for Violation. Any individual, group or corporation who
violates any provisions of this Ordinance or fails to comply
thereafter with any of the requirements thereof, or who builds or
alters any building in a violation of any detailed statement of
submitted and approved plans hereunder, shall be guilty of a
misdemeanor and shall be liable to a fine of not more than one
hundred dollars ($100.00). Each day a violation is allowed to
exist shall constitute a separate offense. The owner or owners of
any building or premises or part thereof where anything in
violation of this Ordinance shall be placed, or shall exist, and
any architect, builder, contractor, agent, engineer, person, or
corporation employed 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
provided above.
4. Amendments. Two types of amendments to this Zoning Ordinance are
recognized, a revision in textual provisions of the Ordinance and
a change in zoning district boundaries.
A. Amendment to Text. The Town Council or the Planning
Commission may initiate an amendment to the text of the Zoning
Ordinance. The Planning Commission shall review any
amendments initiated by either body and shall conduct a public
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hearing on the proposed textual amendment in accordance with
the Notice and Hearing and Approval procedures below.
Following the public hearing upon a favorable vote a recommendation
shall be submitted to the Town Council for adoption by
ordinance. In the event of an unfavorable vote, the Planning
Commission shall not make a recommendation to the Town
Council.
B. Change in District Boundary. The Town Council, a property
owner or the Planning Commission itself can initiate a change
in a zoning district boundary by submitting a petition for
rezoning to the Planning Commission. When a change is being
proposed by the Planning Commission or Town Council, the owner
or owners of the property under consideration shall be invited
to the Planning Commission meeting prior to official
submission to inform them of the proposed changes and solicit
their views. All petitions shall contain:
1} Owners name and address,
2} Legal description of the property to be rezoned,
3) Layman's description of the property with street address
or other common location reference known to the general
public,
4) Existing and proposed zoning classification,
5) A scaled drawing of the property with proposed zoning
boundary, nearest public street and adjacent property
owners and
6) Reason for request with explanation of surrounding land
uses .
5. Notice. The Planning Commission must conduct a public hearing on
any petition for changing district boundaries before it can be
considered for adoption by the Town Council. A notice of the
public hearing shall be published in a newspaper of general
circulation in the Town of Johnson at least one (1) time fifteen
(15) days prior to the hearing. Fifteen (15) days prior to the
hearing, the Town Clerk shall have a sign, which contains a copy of
the notice and petition in a clear weather proof container stating
the day, date, time and place for the hearing, placed in a
conspicuous place in the street right-of-way to the property. The
town shall provide the sign which shall be at least four (4) feet
square and have the words "REZONING PETITION ON THIS PROPERTY" in
black letters two (2) inches high at the top of a white sign. A
letter or hand delivered notice shall also be sent, fifteen (15)
days prior to the hearing, to each adjacent property owner
including property owners across streets and alleys.
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6. Hearing and Approval. If all procedural requirements above are
satisfied, the Planning Commission and Town Council shall proceed
as follows:
A. The Planning Commission shall conduct the public hearing on
the proposed amendment to the Ordinance or Official Zoning
Map.
B. Following the public hearing, the proposal may be approved as
submitted or as modified by a majority vote of the Planning
Commission to recommend adoption by the Town Council.
C. A petitioner may appeal a Planning Commission disapproval to
the Town Council by a written request to the Town Clerk. The
appeal must be made within fifteen (15) days of the
disapproval and must state why the Planning Commissions
decision is believed to be in error.
D. The Town Council may adopt, by ordinance, or reject a
recommended amendment by a majority vote or may return the
proposal to the Planning Commission for further study and
recommendation.
E. The Town Council may also adopt, by ordinance, a recommended
or appealed proposal with any modifications considered
appropriate by a majority vote.
F. The Planning Commission shall not reconsider any application
for zoning amendment until twelve {12} months have elapsed
from the final date of disapproval unless a motion to
reconsider passes by at least a seventy five percent (75%)
vote of the full Planning Commission. If such a motion is
approved, the minutes shall reflect the reasons for reconsideration.
7 . Fees . All applications for zoning changes must be accompanied by
a deposit of a handling and processing fee of seventy five dollars
($75.00) with the Town Clerk before any action on the petition can
be initiated. This fee shall not be refundable regardless of
approval or denial.
SECTION XIII - BOARD OF ADJUSTMENT
1. Creation and Appointment. A Board of Adjustment is hereby created
which shall constitute the Planning Commission as a whole. Their
terms shall run concurrently with their appointment to the Planning
Commission. On the effective date of this ordinance, the members
of the Planning Commission that were legally in existence
immediately prior to such date shall be constituted as members of
the Board of Adjustment.
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A. Officers. A Chairman and Vice-Chairman shall be elec tedannually
by the Board from among its membership. The
Chairman, or in his/her absence the Vice-Chairman, shall
preside at all meetings, shall decide all points of order or
procedure, and as necessary, shall administer oath and compel
the attendance of witnesses.
B. Rules and Meetings. Board of Adjustment shall adopt rules
necessary to the conduct of its affairs and in keeping with
the provisions of this Zoning Ordinance. Meetings shall be
held on a regular schedule and at such other times as the
Board may determine. All meetings shall be open to the
public. The Board of Adjustment shall keep minutes of its
proceedings, showing the vote of each member upon each
question, or if absent or if failing to vote, indicating such
fact, it shall keep records of its examinations and other
official actions, all of which shall be a public record and be
immediately filed in the office of the Town Clerk. The
concurring vote of a two-thirds majority of the total Board
members shall be necessary to revise any order or decision of
the enforcement officer or to decide on any matter upon which
it is required to pass under this Ordinance.
2. Powers and Duties.
The Board of Adjustment shall have all the powers and duties
prescribed by law and by this Ordinance, which are more
particularly described as follows:
A. Administrative Review. To hear and decide appeals where it is
alleged there is error in any order, requirement, decision, or
determination made by the administrative official in the
enforcement of this Zoning Ordinance. The Board may affirm or
reverse, in whole or in part, said decision of the
administrative official.
B. Variances. To authorize upon appeal in specific cases such
variance from the terms of this Zoning Ordinance as will not
be contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of this
Zoning Ordinance would result in unnecessary hardship. A
variance from the terms of this Zoning Ordinance shall not
be granted by the Board of Adjustment unless and until:
1) 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, structure or buildings in the
same district; that literal interpretation of the
provisions of this Ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the
same district under the terms of this Zoning Ordinance;
93 60778
that special conditions and circumstances do not result
from the actions of the applicant; and that granting the
variance requested will not confer on the applicant any
special privilege that is denied by this Zoning Ordinance
to other lands, structures, or buildings in the same
district.
2) No non-conforming use of neighboring lands, structures,
or buildings in the same district, and no permitted or
non-conforming use of lands, structures, or buildings in
other districts shall be considered grounds for the
issuance of a variance.
3) The Board of Adjustment shall further make a finding that
the reasons set forth in the application justify the
granting of the variance and that the variance is the
minimum variance that will make possible the reasonable
use of land, building or structure.
4) The Board of Adjustment shall further make a finding that
the granting of the variance will be in harmony with the
general purpose and intent of this Zoning Ordinance, and
will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
5) In granting any variance, the Board of Adjustment may
prescribe appropriate conditions and safeguards in
conformity with this Zoning Ordinance, Violations of
such conditions and safeguards, when made a part of the
terms under which the variance is granted, shall be
deemed a violation of this Zoning Ordinance.
6) Under no circumstances shall the Board of Adjustment
grant a variance to allow a use not permissible under the
terms of this Ordinance in the district involved, or any
use expressly or by implication prohibited by the terms
of this Zoning Ordinance in said district.
C. Special Exceptions. In addition to the powers and duties specified
above, the Board shall also have the following powers and duties
to hold public hearings and decide the following special
exceptions:
1) Permit the extension of a zoning district boundary where the
boundary divides a lot held in a single ownership at the time
of adoption of this Ordinance.
2) Interpret zoning district boundaries where uncertainty exists
as to the boundaries of the zoning districts or when the
street or property lines existing on the ground are at
variance with those shown on the Zoning District Map.
3) Vary the parking regulations by not more than fifty percent
(50%) where it is conclusively shown that the specific use of
a building would make unnecessary the parking spaces otherwise
required by this Ordinance.
4) Permit a change in use or occupancy of a non-conforming use,
provided the use is within the same or more restricted
classification as the original non-conforming use.
3 . Procedure for Appeals
A. Application. Appeals to the Board may be taken by any person
aggrieved or by any officer, department, or board of the Town
affected by any decision of the administrative official. All
appeals and applications made to the Board shall be made in
writing on forms prescribed by the Board within ten (10) days
after the decision has been rendered by the administrative
official.
B. Public Hearing and Notice. The Board shall fix a reasonable
time for the public hearing of an 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 Town. The public
notice shall give the particular location of the property on
which the appeal is requested, as well as a brief statement of
what the appeal consists. At a public hearing any party may
appear in person, by agent, or by attorney.
C. Effect of Appeal. An appeal shall stay all proceedings of the
action appealed from, unless the person affected by such
appeal certifies to the Board, that, by reason of facts stated
in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such case, proceedings
shall not be stayed otherwise than by a restraining order
which may be granted by the Board or a court of record on
application, and notice to the person from whom the appeal was
taken.
D. Time Limit on Permits. No order permitting the use of a
building or premises, or the alteration or erection of a
building shall be valid for a period longer than sixty (60)
days unless such use is established or the erection or
alteration is started within such period.
E. Fee. The fee for any appeal or application to the Board shall
be $35.00, which shall not be refundable unless the appeal is
based upon interpretation and the appellant wins - in which
instance the fee is refundable. Each month all f ees,
collected by the Administrative Official during the preceding
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month, shall be deposited with the Town Clerk.
F. Appeals from Board of Adjustment. Any person or persons, or
any board, taxpayer, department, board or bureau of the Town
aggrieved by any decision of the Board of Adjustment may seek
review by a court of record of such decision, in the manner
provided by the laws of the State of Arkansas.
SECTION XIV AMENDMENTS
1. Town Council Amendment.
The Town Council may from time to time amend this ordinance on its
own motion, on petition from a property owner, or on recommendation
by the Planning Commission. Amendments will go through the
following procedure:
A. The Planning Commission shall hold a public hearing on a
proposed amendment. Notice of the public hearing shall be
published in a newspaper of general circulation in the town,
at least one time fifteen (15) days prior to the hearing. The
Planning Commission shall also notify the adjoining property
owners of proposed amendment by mail fifteen (15) days prior
to the meeting.
B. Following the public hearing, the proposed amendment may be
recommended as presented or in modified form by a majority
vote of the entire Planning Commission.
C. Following its adoption of a recommendation, the Planning
Commission shall certify such recommended amendment to the
Town Council for its adoption.
D. The Town Council may return the proposed amendment to the
Planning Commission for further study or recertification, or
by a majority vote of the entire membership, may by ordinance
adopt the recommended amendment submitted by the Planning
Commission. However, nothing in this ordinance shall be
construed to limit the Town Council's authority to recall the
said amending ordinance by a vote of a majority of the Town
Council.
E. Following adoption by the Town Council, the adopted amending
ordinance shall be filed in the office of the Town Clerk.
93 60781
40
SECTION XV SEVERABILITY
If any paragraph, sentence or clause of this ordnance shall be declared
invalid by a court of competent jurisdiction, such determination of
invalidity shall not affect the remaining portion of this Ordinance.
SECTION XVI REPEAL OF CONFLICTING ORDINANCES
All ordinances or parts of ordinances of the Town of Johnson in conflict
with this ordinance are hereby rescinded.
SECTION XVII EFFECTIVE DATE
1. It has been found and is hereby declared by the Town Council
of the Town of Johnson, Arkansas, in regular session
assembled, that this ordinance is immediately required in
order to lessen congestion in the streets; to secure safety
from fire and other dangers to promote healthful living
conditions; to provide adequate light and air, to prevent the
over-crowding of land and undue concentration of population;
to stabilize property values and to insure the orderly
development of the community for the general welfare of the
citizens.
2. Therefore an emergency is hereby declared to exist and this
ordinance being necessary for the preservation of the public
peace, health, and safety shall be in full force and effect
from the date of its approval.