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Ordinance #70

AM ORDINANCE PROVIDING FDR ZONING
DISTRICTS FOR THE TOWN OF JOHNSON., A
ZONING MAP AND FOR OTHER PURPOSES
WHEREAS., Act: 186 of 1957 of the General Assembly of the State of
Ar kansas. as amended, empowers municipalities to enact zoning
ordinances and to provide -for its administration, enforcement and
amendment 3 and
WHEREAS., the Town Council of the Town of Johnson., Arkansas deems it
necessary., for the purpose of promoting the health, safety., morals
and general welfare of the Town., to enact a zoning ordinance, and
WHEREAS, the Town Counci1 pursuant to the provi sions of Act 186 of
1957 of the General Assembly, as amended, has established a Planning
Commission, which Planning Commission has divided the Town into
districts and has prepared regulations pertaining to such districts
in accordance with the general plan for land use, and
WHEREAS, the zoning ordinance and map are designed: to lesson
congestion in the streets.; to secure safety from fire and other
dangers:; and to promote health and the general welfare.; to provide
adequate light and air; to prevent the overcrowding of land; to
avoid undue concentration of population:; and to facilitate the
adequate provi sions of transpartati on, water, sewage, schools.,
parks., and other public requirements; to stabilize property values;
and to i nsure the orderly development of the community for the
general welfare of the citizens, and
WHEREAS., sai d zoning ordinance provi des for zoning districts of
suitable and harmonious uses with the purpose of conserving the
value of buildings and encouraging most appropriate use of land in
the municipality;
THEREFORE., BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
JOHNSON, WASHINGTON COUNTY, ARKANSAS., AS FOLLOWS:
SECTION 1: Zoning Map:
a. The Town of Johnson is hereby divided into districts as
shown on the official zoning map, which together with all
explanatory material thereon., is hereby adapted by reference
and declared to be a part of this ordinance.
b. The official zoning map shall be identified by the
signature of the Mayor, attested by the Town Clerk and
bear i rig the seal of the City under the following words:
This is to certify that this is the official zoning map
referred to in Section One of Ordinance Numbered (23) of
the Town of Johnson, Washington Count., Arkansas, together
with the date of thee adoption of this ordinance.
c. If in accordance with the provisions of th Ordinance,
changes are made .in the district boundaries., such changes
shall be entered on the zoning map with the date and
ordinance number affecting such change.

 

d. The official zoning map shall be located in the off ice
of thjrf'.'ft.'jn Clerk and shal 1 be pr til/a facie evidence of the
current zoning stat 1.15 of the 1 and., buildings and other
structures in the Town. The Town Clerk shall cause to have
corrected the zoning district boundaries on the official
zoni ng map as need demands.
SECTION 2:
(1) Zoning Districts:
a. The -f ol lowing districts are hereby established:
R-Residential; C-General Commercial; I-Industrial
A-Agricultural ;
(2) Application of Zoning District Regulations:
a. The area requirements pertaining to each zoning district
shall be applied uniformly within the zoning district
except as may be varied by the Planning Carnmi ssion.
ta. The uses permitted or prohibited in each zoning district
establishes the character of the zoning district and shaU_
include., but shall not be limited to., those uses enumerated
as being permitted or prohibited within a respective zoning
district.
c. The uses proposed for a zoning district that are not
explicitly permitted or prohibited within the zoning
district,, the Planning Commission shall determine whether
said use is compatible (i-e. in character with other uses in
the district); and; if it decides in favor of said use., it
shall authorize said use to be established. The Planning
Commission shall decide each application on its merits,
taking into consideration such factors as existing uses.,
access, location, major streets., plans., etc- The Planning
Commission may impose conditions under which a use may be
pemitted.in order to insure cotnpatibility- The finding of
the use to be compatible in one location does not imply
that the same use is compatible at another location., even
wi thin the same zoning di strict-
SECTTGN 3: Zoning Districts  Character., Permitted Uses and Area
Requirements
(1) R-Residential. Intended to provide for residential
development and public buildings and open spaces.
a Permi tted Uses: Single f amily resi dences., multi-f amily
residences., mobile home parks, churches., schools, other
public buildings, and open spaces and accessory structures;,
or uses to principal use.
b. Area requirements: Minimum of area, two—family
residences S,40O square feet- Mi nimum Yard, front and
rear, 25 feet; side, 7 feet; side street, 15 feet;
off—street parking., one off—street parking space shall be
provided for each unit of multi-family dwelling

a. Permitted Uses: Retail stores, service establishments.,
offices,, automobile sales, motels car washes., cafes,
service stations, farm implement sales., and storage and
si mi 1ar uses.
h. Area Requirements: Minimum yard front, 30 -feet.
Off-street parking—adequate off-street parking be provided
for employees and customers.
(3) I—Industrial Intended to provide for the full range of
industrial activities.
a. Permitted Uses: Any use involving manufacture.
compounding, processing., packaging, assembling out
products., storage of broke materials., agricultural
processing., and open storage yards.
b- Area requirements Lot coverage Structure shall not
cover more than 50 percent of the lot area.
c. Yard: No structure may be built within 25 feet of any
property line.
d. Approval of Industrial -Uses: All applications for
industrial use in the Industrial District shall be referred
to the Planning Commission for its approval. The Planning
Commission in approving an application for industrial use
my require such safeguards to insure that the health,
safety, and general welfare of the community is protected.
SECTION 4: General Regulations:
(!) Annexed Area:
a. Al1 territory which may hereafter be included within the
2on5ng jurisdi ction of the Town of Johnson shal1 be annexed
to the Town of Johnson as a residential area and shall be
subject to the requirements of the Residential "A" District
unless the annexing ordinance accepts such annexed area in
a district other than Residential "A" and such annexed area
shall conti nue in such di strict until such time as the
ordinance and the zoning map shall have been amended to
zone such territory otherwise-
(2) Completion of the Existing Buildings:
a. Nothing herein contained shall ,require any change in
pians, construct!on? or desi gnated use of a bui1di ng
actually under construction at the time of the effective
date of this ordinance.
(3) Occupation Permitted in Residential Structures Uti1ized
for Residential Purposes in the Residential District:
a. An occupation may be carried on in a residential
structure i n the Residential Distri ct only when it:
1. Does not requi re the use of more than two rooms
otherwise normally considered as living space.
2. Does not require the use of an accessory bui Iding
or yard space or an activity outside the main
structure not normally associated with the
residential uses.
3- Does not have a sign in excess of -four square -feet
i n area to denote to business; occupation, or
prof ession., and such sign must be attached to tine
structure.
4. Does not involve the display of goods and services.
(4) Lot Area:
a. Only a lot of record in the Residential District,, a
one—family structure may be erected even though a lot be of
less area or width than required by the regulations of
Residential Area in which the lot is located, provided all
oher ares requirements are met.
(5) Non—Conforming:
a. Non-comforming use of land and structures' may be
continued so long as it remains otherwise lawful.
b. Once a non-comforming use is changed to a permitted use
in the district, the non-comforming use shall not be
reestablished.
c- Any use of a structure not permitted., or any structure
not intended -for uses permitted may not be rebuilt or
reestablished i-f damaged in excess of two—thirds of its
fair sale value immediately prior to damage.
(6) Mobile.Home Parks: Mobile home parks shall con-form -to the
f ol 1 awing requirements:
a. Minimum area -for mobile home parks shall be two acresfa.
The park shall be located on a wel}-drained site,
properly graded to insure rapid drainage and -freedom -from
stagnant pools of water.
c. Mobile home spaces shall be provided consisting of a
mini mum of 2,450 square feet for each space which shal1 be
at least 35 feet wide and clearly de-fined.
d. Mobile homes shall be so harbored on each space that
there shall be at 1 east 15 -feet clearance between mobile
home  and a minimum of 15 feet end to end clearance.
not 1 ess than 20 -feet i n i-n dth whi ch shal 1 have an
unobst^kited access to a highway or a major streetf
. Each mobile home space shal 1 be provided water,
sanitary sewer, and electrical service as approved by the
Town Council -
g. One parking space to accomodate a motor vehicle shall
be provided on each mobile home loti
h. All applications -for mobile home park permits shall be
referred to the PI anning Commission far its review and
approval „ The Planning Commission., in approving an
application for a mobile home park, may require such
safeguards to insure that the health., safety and general
welfare of the community is protected.
Section 5: BOARD OF REVIEW:
(1) Designation, Organization. Meetings of the Board.
a- The Board of Revi ew., herei n after referred to as "The
Board" shall consi st of the members of the PIanning
Comniissi on.
b. The Board shall establish regular meeting dates, adopt
rules for the conduct of its business, establish a quorum
and procedures and keep a public record of all findings and
decisions.
c. Each session of the Board shall be a public meeting with
public notice of said meeting and business to be carried out
and published in a newspaper of general circulation in the
Town and at 1 east one ti me seven days pri or to the meeti ng.
(2) Appeals from the Decision of Enforcement Officer-
The Board may hear appeals from the decision of the
enforcement officer in respect to the enforcement and
application of these regulations and may affirm or reverse.,
in whole or part., such decisions of the enforcement officer.
(3) Variances:
The Board may hear requests for variances from the literal
provisions of the zoning ordinances in instances where
strict enforcement of the. zoning ordinances would cause
undue hardship due to circumstances unique to the
individual property under consideration, and grant such
variances only when it is demonstrated that such action
will be in keeping with the spirit and intent of the
provisions of the zoning ordinance- The Board shall not
permit, as a variance., any use in a zone that is not
permitted under the regulations. The Board may impose
conditions in the granting of a variance to insure
compliance and to protect adjacent property.
(4) Fees:
The applicant or appellant shall be required to pay to the
Town Clerk a filing fee of $15.OO to cover such other costs
as may be incurred in connection with such fee or
C5) Appeals -frarn the Decision of the Board:
The decision of the Board in respect to appeals from the
decision of the enforcement officer and to requests for
variaces shall be subject to appeal only to a Court of
record having jurisdiction.
SECTION 6: AMENDMENT:
a. The zoning regulation., when amended, shal 1 be amended in
conformance with the requirements of Act 186 of the 1957
General Assembly as requi red for i ni ti al adopti on of thi s
ordinance.
b. The Planning Commission shall establish the procedures for
processing requests for revisions in the zoning regulations.
c. No application for change of zoning for a given property
.may be resubmitted within twelve (12) months from the date of
action by the Planning Commission or legislative body,
whichever is later, unless the Planning Commission or
legislative body finds that a substantial reason exists forwaiving
this limitationd.
An applicant for a change of zoning shall be required to
reimburse the Town of Johnson for costs of public notices and
the conducting of a public hearing.
.SECTION 7: ENFORCEMENT PENALTY FOR VIOLATION TERMINATION:
(1) Enforcement:
a - The provi si ons of this ordi nance shal] be admi ni stered
by an enforcement offi cer designated by the Town Counci1.
b. No structure shall be erected., moved, added to or
structurally altered, without a building permit. All
applications for building permits shall provide such
information as is necessary to determine conformcnace with
these regulations.
(2) Penalty for a Violation:
a- If the enforcement officer shall find that, the
provisions of this ordinance are being violated and shall
notify in writing the person responsible for such violation,
indicating the nature of the violation and ordering the
action Co correct it., should the person, firm, corporation,
or agent responsible far said violation fail to take the
necessary action to correct it., the enforcement officer
sh'al 1 notify the Town Council which shall certify the
violation to the city attorney. The city attorney shall,
within seven days, apply to a Court having jurisdiction to
remove the violation. Each day a violation exists after
notification by the enforcement officer is a separate
offense. The violator may be also charged with a
misdemeanor and be subject to a find not less than $5.OO
nor more than $100.00
SECTION 8: SEVERABILITY:
The provisions of this ordinance are hereby declared to be
severable. If any section,, paragraph, sentence or clause of
this ordinance shall be held invalid., the invalidity of such
section, paragraph, sentence or clause shall not affect the
validity of the remaining portion of the said ordinance.
This ordinance shall be in full force and effect from and
after its passage, approval and publicationf