title
AN ORDINANCE REGULATING LAND USE, POPULATION DENSITY, AREA REQUIREMENTS OF REAL PROPERTY SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY OF JONESBORO, ARKANSAS, AND FOR OTHER PURPOSES
body
BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:
SECTION 1: The City Planning Commission of Jonesboro, having made a comprehensive study of the present conditions and future growth of the city and its neighboring territory, after notice and hearing as provided by law, finds this Ordinance would promote, in accordance with present and future needs, the safety, morals, order, convince efficiency and economy in the process of development, convince in population distribution, good civic design and arrangement, adequate provisions for public utilities, and other public requirements.
SECTION 2: This ordinance is cumulative, and the provisions hereof shall be in addition to any existing ordinances concerning buildings, or locations thereof, and such other ordinances are not repealed, but shall remain in full force and effect in all respects not contrary to the requirements or provisions of this ordinance. Nothing in this ordinance shall be construed to affect any suit or processing now pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance.
SECTION 3: Use and Area Districts shall be as defined and located on the attached plat or map which is made a part of this ordinance, and the boundary between such areas, unless other wise noted, shall be the center line of the street of passageway existing between areas. All existing lawful non-conforming uses of land within the areas may be continued and shall not be affected by this ordinance.
SECTION 4: The areas and districts shall be defined and subject to uses as follows:
(A) Central Business District, as shown on the attached map, shall conform in its boundaries to the fire district of Jonesboro, Arkansas, as heretofore established by ordinance, plus the areas defined in ordinance 895. Permitted uses shall be any retail or personal service business, restaurants, motor vehicle, service stations, garages, motels, banks and office buildings, custom work and making of articles for retail sale, commercial billboards and advertising signs, theaters, bowling alleys or billiard rooms and other places of amusement unless prohibited by other ordinances, wholesale trade and businesses, used car lots, rail road yards, storage facilities, storage and sale of bulk materials which are not hazardous because of danger of fire or explosion, the manufacture, compounding, processing, packaging or assembling of such products which for not, be reason of noise, dust, motors or vibration, become noxious or dangerous to the health, safety, or general welfare of the public.
Each new structure shall provide off-street loading and unloading facilities which will not block the traffic in a street, alley or public way. No structure may be constructed or altered for residential use.
(B) Industrial District: Permitted uses shall be all uses permitted in the Central Business District (Paragraph A) and, in addition, the manufacturing, compounding, processing, packing, or assembling of such products as may be prohibited in the Central Business District (Paragraph A); storage or sale or handling of bulk materials, which may be prohibited in the central Business District.
No structure to be used for manufacturing may cover more than 33 1/3% of the lot area. Adequate on-lot or off-street parking space shall be provided for all employees. Off-street loading and unloading facilities shall be provided which will not result in blocking of any street, alley, or other public way. No structure may be constructed or altered for residential use.
(C) Residential District: The area shall be all other land areas or locations within the city limits of Jonesboro, Arkansas. Permitted uses shall be: residential structures and accessory buildings, and all other uses except retail or personal service business or commercial or industrial uses as defined and described in Paragraphs A. and B. of this section Also, the continuation of all lawful uses now being made of lands or buildings with-in the area.
SECTION 5: Variances from the requirements of land use, as set out in this ordinance, or approval of non-conforming uses, may be approved by the City Council of Jonesboro, Arkansas, who is hereby named and constituted a Board of Adjustment and is authorized to waive the requirements of this ordinance by resolution adopted after notice and hearing has occurred as provided in the next Section.
SECTION 6: When special permission of the City Council sitting and acting as a Board of Adjustment is sought by any property owner or other person for use of land or construction of buildings which shall be in variance with the provisions of this ordinance, the applicant shall file with the City Clerk his application for such variance or for permission. The application shall contain a description of the lot, structure, or place concerned, the nature of the use or business to be conducted, a definite description of the proposed building, and the name or names of the owners thereof, together with a statement of the special reasons why such use should be permitted. The applicant shall pay to the City Collector a fee of Ten Dollars ($10.00), and receipt showing such payment shall be filed with the City Clerk along with the application. The City Clerk shall thereupon cause to be published a notice in a newspaper published in and having a general circulation in the city, advising the public of the filing of such application and of the time when the same shall be resented to the City Council, acting as a Board of Adjustment and of the notices shall be published by one insertion at least ten (10) days prior to the date fixed for the hearing. Property owners in the city shall have the right to appear and protest against approval of the variance requested, either orally or in writing.
SECTION 7: Penalties of Violation: Any person, firm or corporation who shall violate any of the provisions of this ordinance, or fail to comply therewith, or with any of the requirements, thereof, or who shall build, alter or use any building or buildings in violation of the ordinance or of any resolution of variance hereunder, shall be guilty of a misdemeanor, and upon conviction shall be liable to a fine of not less than Ten Dollars ($10.00 and not more than One Hundred Dollars ($100.00). Each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof where anything in violation of this ordinance shall be placed or shall exist, and any builder, contractor, agent, person or corporation employed in construction of or in connection therewith and who may have assisted in the commission of such violation, shall be guilty of a separate offense, and upon conviction shall be fined as here-in-before provided.
SECTION 8: If any section, paragraph, sub-division, clause or phrase, or any provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole, nor shall it affect any part or provision other than the part so decided to be invalid or unconstitutional.
SECTION 9: It is found and declared by the City Council that the unrestricted and unrestrained uses of land adversely affect the interest and the peace, health, welfare and safety of the citizens of Jonesboro and that to protect and preserve the same, this ordinance is necessary; therefore, and emergency is declared and this ordinance shall be in full force and effect from and after its adoption and publication.
PASSED and ADOPTED this 2nd day of April, 1956.