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Ordinance #73

ZONING ORDINANCE ORDINANCE HO. A ZONING ORDINANCE REGULATING AND RESTRICTING THE USE OF LAND AND THE USE AND LOCATION OF BUILDINGS AND STRUCT-URES; REGULATING THE BULK Or BUILDINGS AND STRUCTURES AND DETERMINING THE AREA OF YARDS, COURTS AND OTHER PLACES SURROUNDING THEM; REGULATING AND RESTRICTING THE DENSITY OF USE; DIVIDING THE CITY OF JOHNSON INTO DISTRICTS FOR SUCH PURPOSES; ADOPTiNG AN OFFICIAL ZONING MAP OF SAID CITY SHOWING BOUNDARIES AND THE CLASSIFICA-TION OF SUCH DISTRICTS; ESTABLISHING A BOARD OF ADJUST-MENT; AND'PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS.

WHEREAS, Act 186 of 1957 of the General Assembly of the State of Arkansas, as amended, empowers municipalities to enact zoning ordinances and to provide for its administration, enforcement and amendment, and

WHEREAS, the City Council deems it necessary, for the purpose of promoting the health, safety, morals and general welfare of the City, to enact a zoning ordinance, and

WHEREAS, the CITY PLANNING COMMISSION OF JOHNSON, ARKANSAS, as established by the City Council, having trade a comprehensive study of present conditions and future growth of the City and prepared and adopted a General Plan, finds this Ordinance would carry out the intent of the General Plan, and

WHEREAS, the zoning ordinance and map are designed: to lessen congestion in the streets; to secure safety from fire and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements; to stabilize property values; and to insure the orderly development of the community for the general welfare of the citizens, |d

WHEREAS, said zoning ordinance provides 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 CITY COUNCIL OF JOHNSON, ARKANSAS, AS FOLLOWS:

Section 1. 1.1 Zonino Map Location and Changes a. The Official Zoning Map shall be located in the Office of the City Clerk and shall be prima facie evidence as to the current zoning status of land, buildings and other structures in the City. The City Clerk shall cause to have corrected the zoning district boundaries on the Official Zoning Map as need demands. b. When in the opinion of the City Council of JOHNSON the Official Zoning Map needs to be replaced because it has been damaged, destroyed, lost or is difficult to interpret the City Council may by resolution adopt a new Official Zoning Map. The adoption of a New Official Zoning Hap shall supersede the previous map and the new map shall be signed by the Mayor, attested by the City Clerk and noted that it supersedes and replaces the previous map. The New Official Zoning Map may correct errors or omissions but no correction shall have the effect of amending any of the zoning boundary lines.

Section 2. Zoning Districts 2.1 Established Districts a. R - Residential b. C - General Commercial c. I - Industrial d. A - Agricultural

Section 3. Application of Zoning District Regulations 3.1 Requirements and Uses 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 Corrmission. b. The uses permitted or prohibited in each zoning district establishes the character of the zoning district- and shall include, but shall not be limited to, those uses enumerated as being permitted, within a respective zoning district. c. The use proposed for a zoning district that is not explicitly permitted or prohibited within the zoning district, the Planning Comnission shall -determine whether said use is compatible (e.i., 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 may iirpose conditions under which a use may be permitted in order to insure -compatibility.

Section 4. Zonino Districts - Character, Permitted Uses & Area Requirements 4.1 (R) Residential a. Intended to provide for residential development and public buildings and open space.

 

b. Permitted Uses:

1. Residences

2. Churches

3. Schools

4. Other Public Buildings

5. Open Spaces and accessory structures

c.Mobile hones are permitted in mobile home subdivisions as regulated under Section 5.5, Paragraph a.

d.Multi-Family development is permitted as regulated under 5.5, Paragraph a.

e.Minimum Area Requirements:*

1. Single family: 3,000 minimum land area square feet; 8,000 minimum land area square feet per D.U.; 25 ft. front yard; 25 ft. rear yard; 7 ft. side yard; 25 ft. side yard on street; . 80 ft. lot frontage.

2. Two-family: 12,000 minimum land area square feet; 6,000 minimum land area square feet per D.U.; 25 ft. front yard; 25 ft. rear yard; 7 ft. side yard; 25 ft. side yard on street; 100 ft. lot frontage.

3. Multi-family: 43,560.minimum land area square feet; 2,178 minimum land-area square feet per D.U.; 50 ft. front yard** 75 ft. rear yard; side yard***, 25 ft. side yard on street; 200 ft. lot frontage; 3 story height limitation.

* The lot sizes shown are minimum and may have to be in-creased for individual lots based upon State Health Depart-ment requirements for septic tank installation. ** Off-street parking will be allowed in the required front yard subject to review and approval of design by the Planning Coranission.

*"*"*• Combined minimum side yards of 35 ft. with 15 ft. minimum on any one side. Off-Street Parking: 1. Two spaces per each dwelling unit. General Commercial Intended to provide for business and service building area, off-street parking, drives and lot areas.

b. Permitted Uses:

1. Retail stores

2. Service establishments

3. Offices

4. Automobile sales

5. Motels

6. Carwashes

7. Cafes

8. Service stations

Q. Farm implement sales

10. Storage

11. Other similar uses

c. Minimum Area Requirements

1. All conuercial uses: 50 ft. front yard; 10 ft. sides yard; 25 ft. rear yard. d. Off-Street Parking: 1 space per 250 square feet of floor area.

4.3 (I) Industrial

a. Intended to provide for the full range of industrial activities.

b. Permitted Uses:

1. Any use involving manufacture, compounding, processing, pack-aging, assembling out products, storage of broke materials, agricultural processing and open storage yards. c. Minimum Area Requirements: 1. Lot-doverage: structure shall not cover more than 502 of the lot area.

2. Yard: no structure ray be built within 50 feet of the front property line and 25 feet of the sides and rear property lines, as established by the Master Street Plan. Where a side or rear property line abutts a railroad tract or spur, and it is necessary to build closer than the set-back line, the Planning Connrission may waive the set-back requirements.

 

d. All a p p l i c a t i o n s f o r i n d u s t r i a l use in the I n d u s t r i a l D i s t r i c t
s h a l l be r e f e r r e d to the Planning Corrcnission f o r i t s approval.
The Planning Commission in approving an a p p l i c a t i o n f o r i n d u s t r i a l
use may r e q u i r e such safeguards to insure t h a t the h e a l t h , s a f e t y
and general w e l f a r e of the coimiunity is p r o t e c t e d .
4.4 (A) A g r i c u l t u r a l
Intended to provide f o r the f u l l range of general a c t i v i t i e s .
Permitted Uses:
1. Any general a g r i c u l t u r a l use involving the general a g r i c u l t u r a l
range.
2. Mobile homes a r e permitted as regulated under Section 5.5,
paragraph a.
Minimum Area Requirements:
1. Minimum area f o r dwellings and a g r i c u l t u r e buildings s h a l l
be f i v e acres and the s e t - b a c k shall be t h e same as the
Residential D i s t r i c t with the exception t h a t where development
i s taking p l a c e on a c o l l e c t o r or a r t e r i a l s t r e e t as
i d e n t i f i e d by the Master S t r e e t Plan, then the s e t - b a c k s
s h a l l be from t h e planned right-of-way r a t h e r than t h e
e x i s t i n g .
S t r u c t u r e s :
1. All a p p l i c a t i o n s f o r a g r i c u l t u r a l uses and s t r u c t u r e s s h a l l
be r e f e r r e d to the Planning Coirmission f o r approval.
Section 5. General Regulations
Annexed Areas
a. All t e r r i t o r y which may h e r e a f t e r be included within the zoning
j u r i s d i c t i o n of JOHNSON shall be annexed to the City of JOHNSON
as a r e s i d e n t i a l area and shall be s u b j e c t to the requirements
of the (R-l) Residential D i s t r i c t unless the annexing ordinance
accepts such annexed area in a d i s t r i c t other than R e s i d e n t i a l ,
and such annexed area s h a l l continue in such d i s t r i c t u n t i l such
time as the zoning map shall have been amended to zone such
t e r r i t o r y otherwise.
5.2 Occupation Permitted i n Residential S t r u c t u r e s U t i l i z e d f o r
Residential Purposes i n t h e Residential D i s t r i c t .
a. An occupation may be c a r r i e d on in a r e s i d e n t i a l s t r u c t u r e in
the Residential D i s t r i c t only when i t :
5.1
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3. Does not r e q u i r e the use of more than two rooms otherwise
normally considered as living spaces.
2. Does not r e q u i r e the use of an accessory building or yard
space or an a c t i v i t y outside the main s t r u c t u r e not normally
a s s o c i a t e d with the r e s i d e n t i a l uses.
3. Does not have a sign in excess of four square f e e t in area
to denote t h e business, occupation, or profession and such
sign must be attached to the s t r u c t u r e .
4. Does not involve t h e display of goods and s e r v i c e s .
5 . 3 Lot Area
a. Only.on a l o t of record in the Residential D i s t r i c t may a s i n g l e -
family s t r u c t u r e be erected a f t e r review and approval by the
Planning Commission even though the l o t be of l e s s area or width
than required by these r e g u l a t i o n s , provided a l l other requirements
a r e n e t .
5.4 Non-Conforming
a. Non-conforming use of land and s t r u c t u r e s may be continued and
improved but not expanded so long as it remains otherwise lawful.
b. Once a non-conforming use is changed to a permitted use in the
d i s t r i c t , the non-conforming use s h a l l not be r e - e s t a b l i s h e d .
c. Any use of a s t r u c t u r e not permitted, or any s t r u c t u r e not intended
f o r uses permitted may not be r e b u i l t or r e - e s t a b l i s h e d if damaged
i n excess of two-thirds of i t s f a i r s a l e value inmediately p r i o r
to damage. ,
d. In the event t h a t the non-conforming use of a building or premises
in any d i s t r i c t is discontinued for a period of one year or more,
such building or premises shall t h e r e a f t e r be used only in conformity
with t h e r e g u l a t i o n s of the d i s t r i c t i n which i t i s located.
5 . 5 Mobile Home Subdivision
a. Mobile homes s h a l l be allowed in mobile home subdivisions in the
Agricultural and Residential D i s t r i c t s ( s u b j e c t to the requirements
of those d i s t r i c t s ) or individually i n the Agricultural D i s t r i c t
( s u b j e c t to Planning Commission review and approval) on t r a c t s
of 20 acres or more and s h a l l conform to the following r e q u i r e -
ments:
1. Minimum area f o r a mobile home subdivision s h a l l be f i v e

 

the requirements of t h e Subdivision Regulations.
3. Not more than one mobile home may be placed on a standard
r e s i d e n t i a l l o t ( 4 . 1 , e, 1) in a mobile home s u b d i v i s i o n .
5 . 6 Planned Unit Development
a. Multi-Family development s h a l l be allowed only in a Planned Unit
Development and s u b j e c t to the review and approval of the Planning
Corrmission.
1. Planned Unit Developments a r e authorized to be e s t a b l i s h e d
i n the Residential D i s t r i c t .
b. The purpose of planned developments is to encourage innovation
in housing types and design layouts of a l l development and to
conserve and e f f i c i e n t l y use open space in conjunction with
development.
c. The permitted uses in a planned development s h a l l be the permitted_
uses allowed i n the d i s t r i c t . Zoning d i s t r i c t or d i s t r i c t s i n
which the proposed development l i e s . If conwercial development
is desired in conjunction with a planned development, then the area
to be developed commercially must be zoned f o r t h a t purpose.
d. General Requirements:
1. There s h a l l be no minimum l o t area in a planned u n i t development,
except t h a t any l o t s having e i t h e r a p r i v a t e water supply
or sewage treatment f a c i l i t y may not be reduced below the
area or width s e t f o r t h i n 4 . 1 or h e a l t h department r e q u i r e -
ments, whichever i s most r e s t r i c t i v e by both the Planning
Commission and t h e - S t a t e Health Department. The minimum
set-back requirements w i l l , however, apply to the outside
boundaries of the t r a c t to be developed.
2. The t o t a l number of dwelling u n i t s s h a l l not exceed the
maximum number allowed by the Residential D i s t r i c t and shall
be determined as f o l l o w s :
a. The maximum number of dwelling u n i t s s h a l l be obtained
by d i v i d i n g t h e area of the r e s i d e n t i a l p a r t of the planned
u n i t development by the minimum land area per dwelling
u n i t allowed i n the Residential D i s t r i c t .
b. flo r e s i d e n t i a l planned u n i t development s h a l l be allowed
i n other than Residential D i s t r i c t .
3. The minimum land area to be devoted to corrrran open space
shall be as follows: f o r each square f o o t by which the minimum
l o t area e s t a b l i s h e d by the zoning ordinance is reduced, one
square foot must be devoted to common open space. (Example:
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On a 20 acre t r a c t to be developed r e s i d e n t i a l l y in which
10 acres is in s t e e p slope and wooded and the other 10 is f l a t
and c l e a r , the e n t i r e 20 acres may be used to c a l c u l a t e
the t o t a l number of dwelling u n i t s t h a t may be constructed.
The u n i t s may be constructed on the f l a t and c l e a r 10 acres
and the s t e e p and wooded land r e t a i n e d in permanent coniitin
space).
4. The ownership and maintenance may be accomplished in one
of two ways: The conrson open space may be accepted by the City
as public land and the City assures the maintenance responsi
b i l i t y or the comron open space r e s p o n s i b i l i t y stays with
the development anda property owners a s s o c i a t i o n (P0A) shall
be formed and responsible for the maintenance and conversation
of the open space. If the common open space is to be maintained
by a P0A, then a maintenance fund shall be e s t a b l i s h e d in
.the covenants as a t h i r d party b e n e f i c i a r y with the r i g h t to
enforce the covenants.
5. O f f - s t r e e t parking requirements s h a l l be one parking space
per dwelling unit f o r s i n g l e - f a m i l y development, two parking
spaces per dwelling unit f o r m u l t i - f a m i l y developirent and one
parking space f o r each 250 square f e e t of f l o o r area f o r any
commercial p o r t i o n .
6. A planned unit development shall be p l a t t e d and approved by
the Planning Cormission following the requirements of the
Subdivision Regulations. P a r t i a l p l a t t i n g of planned unit
development will be permitted provided t h a t an overall layout
has been' approved by the Planning Coirenission and t h a t t h e
proportional amount of permanent coirmon open space is provided
with each p a r t i a l p l a t t i n g .
Amendments
a. The zoning r e g u l a t i o n , when amended, s h a l l be amended in conformance
with t h e requirements of Act 186 of .the 1957 General Assembly as
r e q u i r e d f o r the i n i t i a l adoption of t h i s ordinance.
b. The Planning Commission shall e s t a b l i s h the procedures f o r processing
requests f o r revisions in the zoning r e g u l a t i o n s .
c. No a p p l i c a t i o n f o r change of zoning f o r a given property may be
resubmitted within 12 months from the date of disapproval by the
Planning Connission or City Council unless they f i n d t h a t a subs
t a n t i a l reason e x i s t s for waiving the l i m i t a t i o n .
d. Appeal by p e t i t i o n to the City Council following disapproval of
a proposed amendment by the Planning Conmission—the p e t i t i o n e r
may appeal such disapproval to the City Council, provided t h a t the
p e t i t i o n e r s t a t e s s p e c i f i c a l l y in w r i t i n g to t h e City Clerk why
he considers the Planning Commission's findings and decisions
a r e in e r r o r . Such appeal shall be f i l e d with the City Clerk

within 15 days from t h e date of the Planning Commission a c t i o n .
5 . 8 Fees
The a p p l i c a n t f o r a change in zoning s h a l l pay to t h e C i t y Clerk a
fee of 550.00 to cover such costs as may be incurred in connection
with such a p p l i c a t i o n . Such fee is to be deposited in the General
Fund of the City of JOHNSON.
S e c t i o n 5. Board of Adjustment
Designation, Organization, Meeting of the Board
a. The Board of Adjustment, h e r e i n a f t e r r e f e r r e d to as "The Board",
s h a l l c o n s i s t of the members of the Planning Corrraission.
b. The Board s h a l l e s t a b l i s h r e g u l a r meeting d a t e s , adopt r u l e s f o r
the conduct of i t s business, e s t a b l i s h a quorum and procedures, and
keep p u b l i c records of a l l f i n d i n g s and d e c i s i o n s .
Appeals From Decision of Enforcement O f f i c e r
a. The Board may hear appeals f r o n t h e d e c i s i o n of t h e enforcement
o f f i c e r in respect to the enforcement and a p p l i c a t i o n of these
r e g u l a t i o n s and may a f f i rm or r e v e r s e , in whole p a r t , such decisions
of the enforcement o f f i c e r .
6 . 2
6 . 3 Variances
a. The Board may hear r e q u e s t s f o r variances from the l i t e r a l provisions
of t h e zoning ordinances in i n s t a n c e s where s t r i c t enforcement of
t h e zoning ordinances would cause undue hardship due to circumstances
unique to the individual property under c o n s i d e r a t i o n , and
grant such variance only when i t i s demonstrated t h a t such a c t i o n
will be keeping with the s p i r i t and i n t e n t of t h e provisions of
t h e zoning ordinance. The Board shall not permit, as a variance,
any use in a zone t h a t is not permitted under the r e g u l a t i o n s .
The Board may impose conditions in the granting of a variance to
i n s u r e compliance and to p r o t e c t adjacent property.
6.4 Fees
a. TheAppellant to the Board of Adjustment shall pay a f e e of $50.00
to cover the costs incurred by the City. Such fee is to be deposited
in the General Fund of the City of JOHNSON.
5.5 Appeals From Decision of Board
a. The decision of t h e Board in r e s p e c t to appeals from the decision
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of the enforcement o f f i c e r shall be subject to appeal only to a
court of appeal having j u r i s d i c t i o n .
Section 7. Enforcement
7.1 Administration
a. The provision of t h i s ordinance shall be administered by an enforcement
o f f i c e r designated by the City Council.
b. Ho s t r u c t u r e s h a l l be erected, noved, added to or s t r u c t u r a l l y
a l t e r e d without a building permit. All a p p l i c a t i o n s for building
permits shall provide such inforiration as is necessary to determine
conformance with these regulations.
7 . 2 Penalty f o r Violation
a. If the enforcement o f f i c e r shall f i n d the provisions of an ordinance
a r e being v i o l a t e d , he shall n o t i f y in w r i t i n g the person responsible
f o r such v i o l a t i o n , i n d i c a t i n g the nature of the v i o l a t i o n and ordering
the a c t i o n to c o r r e c t i t , should the person, firm, corporation or
agent responsible f o r said v i o l a t i o n f a i l t o take the neccessary
a c t i o n t o c o r r e c t i t , the enforcement o f f i c e r s h a l l n o t i f y the
Coirmission, which s h a l l c e r t i f y the v i o l a t i o n to the City Council.
The City Council s h a l l , within 7 days, apply to a court having
j u r i s d i c t i o n to remove the v i o l a t i o n . Each day a v i o l a t i o n e x i s t s ,
a f t e r n o t i f i c a t i o n by the enforcement o f f i c e r , i s a separate o f f e n s e .
The v i o l a t o r may a l s o ' b e charged with a misdemeanor and be subject
to a f i n e not l e s s than $25.00 nor more than 51,000.00.
Section 8. D e f i n i t i o n s
8 . 1 Accessory Use or S t r u c t u r e
a. A use or s t r u c t u r e on the same lot with,and,, of a nature customarily
incidental and subordinate to the principal use of s t r u c t u r e .
8 . 2 Buildable Area
a. The p o r t i o n of a l o t remaining a f t e r required yards have been
reserved.
8 . 3 Dwelling, Single-Family
a. A detached r e s i d e n t i a l dwelling unit other than a mobile home, designed
f o r and occupied by one family only.

8 . 4 Dwelling, Mobile Home
a. A detached r e s i d e n t i a l dwelling unit designed f o r t r a n s o o r t a t i o n
on s t r e e t s or highways on i t s own wheels or on f l a t b e d or other
t r a i l e r s , and a r r i v i n g at the s i t e where i t i s to be occupied as
a dwelling complete and ready f o r occupancy except for minor and
i n c i d e n t a l unpacking and assembly operations.
8 . 5 Dwelling, Multi-Family
a. A r e s i d e n t i a l b u i l d i n g designed f o r or occupied by three or more
f a m i l i e s , with the number of f a m i l i e s in residence not exceeding
t h e number of dwelling u n i t s provided.
8 . 6 Dwelling, Two-Family
a. A detached r e s i d e n t i a l building containing two dwelling u n i t s ,
designed f o r occupancy by not more than.two f a m i l i e s .
8 . 7 Dwelling Unit
a. One room or rooms connected t o g e t h e r , c o n s t i t u t i n g a s e p a r a t e ,
independent housekeeping establishment f o r owner occupancy, r e n t a l
or l e a s e and p h y s i c a l l y separated from any other rooms or dwelling
u n i t s which may be in t h e same s t r u c t u r e , and containing independent
cooking and s l e e p i n g f a c i l i t i e s .
8 . 8 • Lot
a. A l o t i s a parcel of land of at l e a s t s u f f i c i e n t s i z e to meet
minimum zoning requirements f o r use, coverage and a r e a , and to
provide such yards and other open spaces as are herein required.
Such l o t s h a l l have f r o n t a g e on an improved p u b l i c s t r e e t .
Lot Measurement
a. Depth of the l o t s h a l l be considered to be the d i s t a n c e between
the midpoints of s t r a i g h t l i n e s connecting the foremost p o i n t s of
the side l o t l i n e s in f r o n t and the rear-most points of the s i d e
l o t l i n e s i n the r e a r .
b. Width of a l o t s h a l l be considered to be the distance between
s t r a i g h t l i n e s connecting f r o n t and r e a r l o t l i n e s at each s i d e
of the l o t , measured across the r e a r of the required f r o n t yard,
provided, however, t h a t width between s i d e l o t l i n e s at t h e i r f o r e -
most points (where they i n t e r s e c t with the s t r e e t l i n e ) shall not
be l e s s than SOS of t h e required l o t width except in the case of
l o t s on the t u r n i n g c i r c l e of c u l - d e - s a c s , where the 80S requirement
w i l l not apply.
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I
8.10 Lots of Record
a. A l o t which is p a r t of a subdivision recorded in the o f f i c e of the
County Recorder, or a l o t or parcel described by metes and bounds,
the d e s c r i p t i o n of which has been so recorded.
8.11 Parking Space - O f f - S t r e e t
a. An o f f - s t r e e t parking space shall c o n s i s t of a space adequate
f o r parking an automobile with room f o r opening both doors on both
s i d e s , together with properly r e l a t e d access to a public s t r e e t
or a l l e y and maneuvering room.
8.12 Sign
a. Any device designed to inform or a t t r a c t the a t t e n t i o n of persons
not on the premises on which the sign is located, provided, however,
t h a t the following s h a l l not be included in the a p p l i c a t i o n of
the r e g u l a t i o n s h e r e i n :
a. Signs not exceeding one square foot in area and bearing only
property numbers, post o f f i c e box number, name of occupants
of premises, or other i d e n t i f i c a t i o n of premises not having
corrmercial connotations.
2. Flags and i n s i g n i a of any government except when displayed
in connection with coirmercia! promotion.
3. Legal n o t i c e s , i d e n t i f i c a t i o n , informational or d i r e c t i o n a l
signs e r e c t e d or required by governmental bodies.
4. I n t e g r a l , decorative or a r c h i t e c t u r a l f e a t u r e s of buildings,
except l e t t e r s , trademarks, moving p a r t s or moving l i g h t s
5. Signs d i r e c t i n g and guiding t r a f f i c and parking on private prop
e r t y , but bearing no a d v e r t i s i n g matter.
3.13 Sign - On-Site
a. A sign r e l a t i n g in i t s subject n a t t e r to t h e premises on which i t
i s l o c a t e d , or to products, accommodations, s e r v i c e s or a c t i v i t i e s
on the premises. On-site signs do not include signs erected by
the outdoor a d v e r t i s i n g industry in the conduct of the outdoor
a d v e r t i s i n g business.
8.14 Sign - O f f - S i t e
a. A sign other than an o n - s i t e sign.

8.15 S t r e e t ' Line
a. The right-of-way l i n e of a s t r e e t .
8.1c S t r u c t u r e of Building
2. Anything c o n s t r u c t e d or erected with a fixed l o c a t i o n on the ground,
or attached to something having a fixed l o c a t i o n on the ground.
Amono other t h i n g s , s t r u c t u r e s including b u i l d i n g s , mobile homes,
w a l l s , fences, b i l l b o a r d s , and poster panels.
5.17 Yard
A required open space other than a court unoccupied and unobstructed
by any s t r u c t u r e or p o r t i o n of a s t r u c t u r e from 30 inches above - -
the general ground level of the graded l o t upward, provided, however,
t h a t fences, w a l l s , p o l e s , posts and other customary yard accesso
r i e s , ornaments and f u r n i t u r e may be permitted in any yard subj
e c t t o height l i m i t a t i o n s and requirements l i m i t i n g o b s t r u c t i o n of
v i s i b i l i t y . ' ^
Section 9. S e p a r a b i l i t y Clause
Should any s e c t i o n or provision of t h i s ordinance be declared by
the c o u r t s to be u n c o n s t i t u t i o n a l or i n v a l i d , such decision s h a l l not
e f f e c t the v a l i d i t y of the ordinance as a whole, or any part thereof
other than the p a r t so declared to be u n c o n s t i t u t i o n a l or i n v a l i d .
Section 10. Repealina Clause
All ordinances or p a r t s of ordinances in c o n f l i c t herewith are
s p e c i f i c a l l y repealed.
Section 11. E f f e c t i v e Date
This Ordinance being necessary f o r the p r e s e r v a t i o n of the p u b l i c peace,
h e a l t h , comfort, convenience, morals, s a f e t y and welfare of the City
of JOHNSON, an emergency is declared to e x i s t and t h i s Ordinance shall
be in f u l l f o r c e from t h e d a t e of i t s approval.