File #: ORD-61:2877    Version: 1 Name: Setback requirements for certain city streets
Type: Ordinance Status: Passed
File created: 10/2/1961 In control: City Council
On agenda: Final action: 10/2/1961
Title: AN ORDINANCE PRESCRIBING ADDITIONAL RULES FOR THE LOCATION OF BUILDINGS HEREAFTER ERECTED, CONSTRUCTED, RE-CONSTRUCTED OR ALTERED ALONG CERTAIN STREETS AND DESIGNATED LINES IN OR ADJACENT TO THE CITY OF JONESBORO, ARKANSAS (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-62:2766 ON APRIL 2, 1962; ORD-73:2444 ON JANUARY 22, 1973)
Indexes: Policy - creation/amendment
Related files: ORD-73:2444, ORD-62:2766, MIN-61:20, ORD-55:2042
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AN ORDINANCE PRESCRIBING ADDITIONAL RULES FOR THE LOCATION OF BUILDINGS HEREAFTER ERECTED, CONSTRUCTED, RE-CONSTRUCTED OR ALTERED ALONG CERTAIN STREETS AND DESIGNATED LINES IN OR ADJACENT TO THE CITY OF JONESBORO, ARKANSAS (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-62:2766 ON APRIL 2, 1962; ORD-73:2444 ON JANUARY 22, 1973)
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BE IT ORDAINED by the City Council of Jonesboro, Arkansas:
 
Section 1: The streets and right-of-ways and regulations of this ordinance shall be considered an addition to the Master Street Plan of Jonesboro, Arkansas. This ordinance does not repeal an existing ordinance except as may be specifically set out herein, and Ordinance No.900, adopted the 20th day of June, 1955, shall remain in full force and effect, except as specific setback requirements are increased by this ordinance. The provisions of this ordinance shall apply to areas outside present city limits whenever they shall become part of the city or when jurisdiction is otherwise obtained.
 
Section 2: Hereafter, no building permit shall be issued and it shall be unlawful for any person, persons, corporation, or other owner of land bordering any of the streets or lines or areas described below to construct, erect, re-construct, or alter any building nearer or closer to such line, which shall be the centerline of the right-of-way of the streets named, if not otherwise described. The streets and lines listed below are classified according to the designation under which they are listed and described:
 
(A) EXPRESSWAY:
(1)      From intersection of South line of Section 26, Township 14 North, Range 4 East, West along South line of Sections 26, 27, 28, 29 and 30, Township 14 North, Range 3 East to Southwest corner of said Section 25.
(2)      Along the North-South centerlines of following Sections and including Young Street: Begin at South line of Section 28, Township 14 North, Range 4 East; thence North through Section 28, 21, 16 and 9 Township 14 North, Range 4 East to intersection with State Highway 1.
 
Such routes being designated "Expressways" will require right-of-way of 120 feet, and the provisions of this ordinance respecting buildings shall apply 60 feet from said lines or the centerlines of highways, street or roads designated.
      
(B) ARTERIAL:
(1)      State Highway 18 from City Limits on the East to Main Street:
(2)      Highland Drive from Main Street to Culberhouse.
(3)      Culberhouse from Highland Drive to Sims Avenue.
(4)      Sims Avenue from Culberhouse to Wood Street.
(5)      Wood Springs Road from Wood Street westerly to intersection of future location of U.S. Highway 63.
(6)      Matthews Avenue and Matthews Avenue Extended form intersection of present U.S. Highway 63 to the East line of Section 15, Township 14 North, Range 3 East, thence north along side East Section Line to the right-of-way of the St. Louis Southwestern Railway.
(7)      Arkansas State Highway No.1 from the East line of Section 10, Township 14 North, Range 4 East, to Main Street.
(8)      Johnson Avenue from Main Street to Floyd Street.
(9)      Floyd Street from Johnson Avenue intersection to the Dan Avenue intersection.
(10)      Dan Avenue from Floyd Street to intersection with U.S. Highway 63.
(11)      Willow Road and Thorn Street from the South line of Section 27, Township 14 North, Range 4 East, north, to intersection with State Highway 18.
(12)      U.S. Highway 63 from the South line of Section 26, Township 14 north, Range 4 East, through the City of Jonesboro, to the north line of Section 9, Township 14 North, Range 3 East.
(13)      Airport Road From the intersection of U.S. Highway 63 and the road running North and South, generally, at the centerline of Section 10 and 15, Township 14 North, Range 4 East to the intersection with State Highway No.1.
(14)      A line North and South on the centerlines of Sections 20 and 29, Township 14 North, Range 4 East, beginning at the South line of Section 29 and ending at the intersection with present U.S. Highway 63.
(15)      Main Street, Main Street Extended, and Stat Highway 141 beginning at South centerline of Section 30, Township 14 North, Range 4 East, thence North to the North line of Section 6, Township 14 North, Range 4 East.
(16)      A line along the East sides of Sections 23 and 26, Township 14 North, Range 3 East, from Southeast corner of Section 26 to Matthews Avenue.
(17)      Arkansas State Highway 39 from intersection with State Highway 18 Southwesterly to the South line of Section 2, Township 13 North, Range 3 East.
(18)      Madison Street from Burke Avenue to Nettleton Avenue.
(19)      East Street and a line extended south from centerline of East Street from Cate Avenue to Jackson Avenue.
(20)      Jackson Avenue from intersection of East Street extended west to Church Street.
(21)      Church Street from Cate Avenue to Nettleton Avenue.
 
Such routes being designated "Arterial" will require right-of-way of 82 feet, and the provisions of this ordinance respecting buildings shall apply 41 feet from said lines or from the centerlines of the highways, streets, or roads designated.
 
(C) COLLECTOR STREETS AND RIGHT-OF-WAYS:
 
1.      Along the centerline East and West beginning with the intersection of Race Street with present U.S. Highway 63 West through centerlines of Sections 27, 28, 29 and 30, Township 14 North, Range 4 East, to intersection with Culberhouse Street, thence Westerly along Craighead Road to intersection with Flint Road.
2.      West Nettleton Avenue from intersection with U.S. Highway 63 West to County Road bordering the East line of City Cemetery, thence North to Matthews Avenue as extended; also, County Road East and West from Nettleton, Avenue extended to Cotton Belt Gravel Pit Road intersection.
3.      Burke and Cate Avenue from Bridge Street West to Gee Street.
4.      Forest Avenue, between Main Street and Culberhouse Street.
5.      The East line of Section 28, Township 14 North, Range 4 East.
6.      Aggie Road and Aggie Road extended over existing County Roads from Caraway Road Easterly to the North-South centerline of Section 15, Township 14 North, Range 4, and East.
7.      The East lines of Sections 9 and 16, Township 14 North, Range 4 East, from State Highway No.1 South to right-of-way of the St. Louis Southwestern Railway.
8.      Caraway Rod and as extended from Greensboro Road South to the Southeast corner of Section 29, Township 14 North, Range 4 East.
9.      Metzler Land from U.S. Highway 63 South to U.S. Highway 18, thence south along the West line of Section 29, Township 14 North, Range 4 East, to the Southwest corner of the Northwest Quarter of said Section 29.
10.      Present line of U.S. Highway No.1 through Section 30, Township 14 North, Range 4 and East.
11.      Kitchen Street between U.S. Highway 63 and Matthews Avenue.
12.      Baker Street from Matthews Avenue to Logan Street.
13.      Bridge Street from Washington Avenue to Hoover Street.
14.      Culberhouse Street from intersection with State Highway 39 North to the Northeast corner of Section 12, Township North, Range 3 East.
 
Said lines which shall be considered the centerlines of the streets or roads where same exist are designated "Collector Streets and Rights-of-way for such Streets" and require a right-of-way width of 72 feet; therefore, the building provisions of this ordinance shall apply 36 feet from said centerlines.
      
(D) The building provisions of this ordinance shall apply thirty (30) feet from centerline of any street provided that this requirement shall not be construed to permit any such building closer to any street or right-of-way than is provided by other laws, ordinances, regulations or dedication deeds and plats.
 
Section 3: In addition to the setback requirements on any and all of the streets or right-of-way or lines described in this ordinance, an additional right-of-way of 24 feet is required or will be required, and building locations specified shall be increased by 12 feet for a distance of 150 feet in all directions along said streets or lines wherever the same intersect.
 
Section 4: The provisions of this ordinance may be waived upon showing of  hardship and determination that the waiver does not adversely affect the public interest as shall be determined, first, by Resolution of the City Planning Commission in regular meeting, and second and also by Resolution of the City Council of the City of Jonesboro.
 
Section 5: This ordinance shall not repeal any other ordinance of the City of Jonesboro, but the provisions hereof shall be cumulative with and to such other laws or ordinances.
 
Section 6: Any person, persons, corporations, or owner or owners of lands, or persons constructing, erecting, reconstructing or altering any building or maintaining any such structure that has been constructed, erected, reconstructed, or altered since the passage of this ordinance, closer or nearer to the Centerline of the streets than is permitted by this ordinance, shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than $25.00, nor more than $100.00, and each and every day's violation shall constitute a separate misdemeanor, and be subject to the same fine and punishment.
 
PASSED and ADOPTED this 2nd day of October, 1961.