title
AN ORDINANCE TO REGULATE NON-CONFORMING PROPERTY USES WITHIN EXISTING ZONING CLASSIFICATIONS; PROVIDE FOR THE EXPANSION, RESTORATION, AND CHANGE OF NON-CONFORMING USED AND EXPANSIONS OF NON-CONFORMING USES; AND FOR OTHER PURPOSES. (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-93:768 ON JUNE 7, 1993; ORD-94:664 ON NOVEMBER 21, 1994)
body
BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas, that
SECTION 1: This ordinance shall be effective from and after its passage and approval. This ordinance shall repeal all other Sections of the existing code of ordinances where in conflict with the provisions of this ordinance. This ordinance shall automatically terminate on April 8, 2009, unless the City Council of the City of Jonesboro, Arkansas, continues this ordinance in effect.
SECTION 2: The following words are defined for use in this ordinance:
(a) Zoning Officer - A person or persons designated by the Mayor whose duties shall be to implement and enforce the zoning ordinances and the provisions of this chapter of the zoning ordinances.
(b) Non-conforming Use - The use of a building or land or both which was lawfully established but which does not conform to the use and bulk regulations for the district in which it is located shall be known as a non-conforming use.
(c) Property Owner or Owners - is the record owners of the land in question on April 7, 1989 or their heirs.
(d) Land - Real property owned by a property owner or owners, as defined above, as of April 7, 1989.
SECTION 3: When a non-conforming use is totally or partially destroyed by a natural disaster, it may be restored to its existing use and to its existing size with the use and size determined at the time the disaster occurred by filing for a restoration permit, on an application to be provided by the City of Jonesboro, with the Zoning Officer which will state the then existing use, the name, address and telephone number of the owner and occupant, if applicable, and will be accompanied by one set of building plans showing the restoration of the building or buildings. The application once submitted to the Zoning Officer shall be approved by the building inspector's office and Zoning Officer within there (3) working days or rejected in three (3) working days. The property owner shall have the right to appeal with the Board of Adjustment and Appeals within five (5) business days for the date of receipt of written notification from the Zoning Officer that the permit has been denied.
SECTION 4: non-conforming use in existence on April 7, 1989, may be expanded up to 40%, only one time, of the then existing square footage of the structure by application to the Zoning Officer, for an expansion permit; if the planned expansion is in excess of 40% of the then existing square footage of the structure, the application for an expansion permit shall be directed to the Metropolitan Area Planning Commission. It either case, the expansion permit shall be granted only if the expansion permit is requested by the record owner, or his or her heirs. The land in question must have been owned by the person or persons requesting the expansion permit on April 7, 1989. The land upon which the expansion is to occur must either be sufficiently large enough to provide for the expansion of the land upon which the expansion is to occur must be adjacent to property owned by the property owner as of April 7, 1989.
SECTION 5: A property owner who wishes to expand will file an application, to be provided by the City of Jonesboro, Arkansas, with the Zoning Officer. A property owner who wishes to expand by more than 40% of the then existing square footage of the structure will file an application for both expansion and rezoning. The application shall state the name of the property owner or owners, the address of property owner or owners, the name of any lessee or occupant, the then existing square footage of the building or buildings to be expanded, a building site plan showing the then existing location of the building or buildings on the land proposed expansion, and one set of building plans showing the construction of the proposed expansion.
SECTION 6: Once the application is received by the Zoning Officer, the Zoning Officer shall place upon the land of the property owner requesting an expansion permit a 4' x 5' sign, appropriately worded to give notice to all adjacent property owners and all property owners within the immediate vicinity that the property owner has sought an expansion permit or rezoning permit and that if they wish further information they should contact the City of Jonesboro, Zoning Officer's department, with the appropriate address and telephone number. This notice shall remain upon the property for five (5) consecutive days.
SECTION 7: Once an application for an expansion permit for less than 40% of the then existing square footage of a structure has been received by the Zoning Officer, the Zoning Officer shall have seven (7) business days in which to approve or reject the application. If the application is rejected, the Zoning Officer shall give to the property owner, in person or by certified mail, a written reason or reasons for rejection. The property owner, upon receipt of the rejection notice, shall have five (5) business days to lodge his appeal with the Metropolitan Area Planning Commission. To lodge an appeal, the property owner shall contact the Metropolitan Area Planning Commission and shall file an appeal on a form to be provided and shall pay a fee of $25.00. In addition to the property owner having the right to appeal the decision of the Zoning Officer with regard to expansion permits, any interested citizen has the same right to appeal a decision of the Zoning Officer. The Metropolitan Area Planning Commission will decide all appeals at a regular meeting following the lodging of the appeal, so long as the appeal is filed at least seven (7) days prior to a regular meeting.
An application for an expansion permit for an expansion of 40% or more of the then existing square footage of the structure shall be received by the Metropolitan Area Planning Commission. The Metropolitan Area Planning Commission shall make a decision on the request at its next regularly scheduled meeting following receipt of the expansion permit. The expansion permit must be received by the Metropolitan Area Planning Commission no later than seven (7) days prior to its regularly scheduled meeting. The Metropolitan Area Planning Commission shall state in writing its reason or reasons for rejecting any request for an expansion permit or rezoning under this ordinance and shall deliver its written rejection to the property owner in person or by certified mail within five (5) business days from the date of its meeting. Any person desiring to appeal a decision of the Metropolitan Area Planning Commission will follow the procedure as set forth in the Code of Ordinances for the City of Jonesboro, Arkansas, with regard to appeals from commissions, boards, etc.
SECTION 8: In expansion of a non-conforming use or restoration of a non-conforming
use must conform to the most restrictive requirements as contained in the applicable sections of the zoning code as it now exists or may hereafter be amended as those restrictions apply to the use being conducted on the land in question. (Example: R-1 setback and C-3 parking requirement for a retail business located in an R-1 zone.)
SECTION 9: A non-conforming use may be changed from the existing use to another use so long as the character of the use is not substantially altered from that which is currently being made of the property and so long as the change of use does not create additional noise problems, traffic problems, air or water pollution problems, or cause any other material and incompatible impact when compared to the existing use.
SECTION 10: A property owner may request a change of use permit by obtaining an application on a form to be provided by the City of Jonesboro, from the Zoning Officer. The application shall state the name of the property owner and the property owner's address, the name of the lessee or occupant, the then existing use, the request change of use, and such other information as requested by the Zoning Officer.
SECTION 11: Upon receipt of the application for a change of use permit, the Zoning Officer shall place a 4' x 5' sign on the land, approximately worded, which will give notice to adjacent property owners and other property owners in the immediate vicinity that the land owner is requesting a change of use and that anyone interested may obtain more information from the Zoning Officer's department with the appropriate telephone number and address.
SECTION 12: The Zoning Officer shall have seven ( 7 ) business days from receipt of the application to either approve or reject the application for a change of use permit. If the application is rejected, the Zoning Officer shall give to the property owner written reasons for the rejection in person or by certified mail. Upon receipt of the rejection notice, the property owner shall have five (5) business days to appeal the decision of the Zoning Officer to the Metropolitan Area Planning Commission by filing a request for appeal, on a form to be provided, and paying a $25.00 fee. Any other interested person may also appeal the decision of the Zoning Officer by following the same procedure as set out above. The appeal must be filed at least seven ( 7 ) days prior to a regularly scheduled meeting of Metropolitan Area Planning Commission. The Metropolitan Area Planning Commission will decide all appeals at a regularly scheduled meeting.
SECTION 13: For any property owner to take advantage of this ordinance, that property owner must register his, her, or its non-conforming land with the city Zoning Officer on forms to be provided within two ( 2 ) years from the date this ordinance is passed by the City Council of the City of Jonesboro, Arkansas. If a property owner, who owned land on April 7, 1989, fails to register within the two ( 2 ) year period then that property owner, his heirs, successors, or assigns may not utilize the provisions of this ordinance, but noting in this ordinance shall preclude a property owner from rezoning land as provided in the Code of Ordinances as they not exist or may hereafter be amended.
SECTION 14: If for any reason any portion of this ordinance is held to be invalid, such invalidity shall not affect the remaining portions thereof which are valid, but such valid portion shall remain in full force and effect.
SECTION 15: If it is found and declared by the City Council that an emergency exists and this ordinance is deemed necessary for the preservation of the public peace, health, safety, and welfare and it shall take effect from and after its passage and approval.
PASSED AND ADOPTED this 2nd day of July, 1990.