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AN ORDINANCE TO AMEND SECTIONS 14:08.06, 14.08.07, 14.08.08, 14.08.09, 14.08.10, 14.08.12, 14.08.13 OF THE CODE OF ORDINANCES OF THE CITY OF JONESBORO, ARKANSAS TO ESTABLISH SETBACK REQUIREMENTS FOR BUILDING CONSTRUCTED IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS.
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BE IT ORDAINED by the City of Jonesboro, Arkansas:
SECTION 1: PURPOSE. The intent of this ordinance is to establish minimum setback requirements for buildings constructed in commercial and industrial zoning districts. Such requirements will help to insure the health, safety, and welfare of the general public and promote more orderly development and thereby preserve property values.
SECTION 2: APPLICABILITY. This ordinance shall apply to all buildings proposed for construction in commercial and industrial zoning districts. Proposed buildings which do not meet the requirements listed below, but for which a building permit was issued prior to the adoption of this ordinance, shall be permitted to be built as long as the building permit remains valid. Proposed buildings which do not meet the requirements listed below, but for which site plan approval was granted by the Metropolitan Area Planning Commission prior to adoption of this ordinance, shall be allowed to be built if a building permit is obtained within one year of approval of this ordinance.
SECTION 3: MINIMUM REQUIREMENTS. The chart below lists the minimum setback requirements for each of the commercial and industrial zoning districts.
ZONING SETBACK (FEET)
DISTRICT FRONT SIDE# REAR#
C-1 * * *
C-2 20 7.5 10
C-3 30 10 10
C-4 30 10 10
C-5 30 7.5 10
I-1 30 10 10
I-2 50 25 25
NOTES:
# When a commercial or industrial building is to be built adjacent to property zoned for residential use, the building shall have a minimum setback of twenty (20) feet from the residentially zoned property. Additional side or rear setback area may be required by the Fire Department for any commercial or industrial building to provide adequate fire lanes.
* Setback requirements in the C-1 zoning district (Central Business District) will be considered on an individual basis depending on the setbacks of the adjacent existing structures.
SECTION 4: EXCEPTIONS. The Board of Zoning Adjustments may grant a variance of the side and rear setback requirements for buildings which are proposed to make use of an existing rail siding. A variance may also be granted for new buildings or additions to existing buildings which do not meet the above requirements if it is determined that meeting the setback requirements would cause an undue hardship and granting of the variance would not harm the health, safety, or welfare of the general public.
SECTION 5: CORNER LOTS. Lots which have frontage on two or more streets or roads, whether local or state, shall provide the front year setback along each street or road frontage. For the purpose of determining the rear yard of a corner lot; the rear yard shall be opposite of the front yard, and the front yard shall be the narrower of the property lines fronting on a street or road.
SECTION 6: ACCESSORY BUILDINGS. Accessory buildings such as storage sheds and garages which are clearly ancillary to the primary building or buildings may be permitted to have a rear setback equal to the side setback of the zoning district in which the property is located.
SECTION 7: It is found and declared by the City Council that an emergency exists and this ordinance, being necessary for the preservation of the public peace, health, and safety, shall take effect from and after its passage and approval.
PASSED AND ADOPTED 5th day of October, 1992.