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AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF THE ZONING CLASSIFICATION I-2.
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BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:
SECTION 1: That Ordinance No. 954 known as the Zoning Ordinance of the City of Jonesboro be amended as recommended by the Metropolitan Area Planning Commission concerning the classification of I-2 zoning district as follows:
The I-2 general manufacturing district is a manufacturing area requiring access by road or by road and railway with adequate utility services.
(A) Permitted Uses: The following uses shall be permitted in this district: Industrial, manufacturing, storing or distribution purposes or the performing of any processing or fabricating of materials or agriculture products. Any occupant of the property, either owner or tenant, may sell at retail those products which are manufactured or handled at wholesale by the occupant. The financing of the sale of such merchandise is expressly permitted, as is the retail sale of food, beverage and other such convenient items to occupants’ employees so long as these items are not offered for sale to the general public.
(B) Prohibited Uses: The following uses shall be prohibited from this district: No land or building shall be used or occupied on said property which produces objectionable smoke, dust, noise, odor or vibration not in compliance with minimum performance standards as set forth in this ordinance. In addition, the following uses are specifically prohibited:
(a) Residential construction;
(b) Commercial incineration;
(c) Junk yard
(d) Rubbish, garbage or trash dump;
(e) Outside storage unless in conformance with other sections of this ordinance.
(f) Area and Bulk Regulation
(1) Yard Requirements. Owner of lessee shall landscape that portion of his property between building or buildings and the curb line of abutting streets and shall remove undergrowth, weeds, debris and other unsightly materials from the remainder of the property at his own expense. Each owner or lessee shall maintain his landscaping in a safe, clean and attractive condition. Should the City of Jonesboro, its successors or assigns fine any owner or lessee negligent in this regard, it may give notice of the fact to the offending party. Within ten days of the receipt thereof, said party shall initiate corrective measures. Effective disregard of notices shall give the City of Jonesboro, its successors or assigns a right to enter the offending premises and undertake necessary maintenance at the expense of the owner or lessee thereof. Failure to reimburse the City of Jonesboro, its successors or assigns for these services within 30 days after billing shall create a lien against the property in question.
Owners and lessees shall exert their best efforts to preserve the natural beauty of their properties. They shall not needlessly destroy or remove live trees, other than those in an area earmarked for construction.
(2) Lot Requirements. Minimum lot width for the district shall be 100 feet measured along the required front street set back line.
(3) Set Back. No building shall be located within 50 feet of a public street nor within 25 feet of any property shall line and assessory buildings be located at least 25 feet from a principal building.
(4) Building Coverage: (a) the total floor area of the main floor of all buildings shall not exceed one-half of the total lot area. (b) All raw materials and equipment shall be stored in completely enclosed buildings or shall otherwise be screened by such walls, fences and landscaping to attractively conceal areas visible from outside of lot boundaries.
(5) Signs: Billboard posters and other advertising signs are prohibited except those signs shall advertise the property owner’s business or product. No sign shall be lighted by means of flashing or intermittent illumination.
(6) Height: Prior to construction or alteration of any structure in excess of 200 feet from ground level, the owner or lessee involved shall file with the Chief, Airport Branch, Federal Aviation Agency, FAA form number 7460-1 entitled “Notice of Proposed Construction or Alteration”; or its equivalent and shall obtain from said agency approval or notice of absence of jurisdiction over the contemplated construction.
(7) Off-Street Parking. It shall be the responsibility of the property owner to provide parking space for employees, customers and visitors; public streets shall not be used for parking.
One off street parking space for each three employees shall be required, plus parking for any visitors or customers.
Off street parking areas shall be located at least 25 feet from a public street and at least 5 feet from a building or property line. No. more than 50% of the required front yard may be used for parking.
(8) Paving. All driveways and parking areas shall be constructed according to the specifications and standards set by the City of Jonesboro under its existing ordinances and all driveways and parking areas shall be constructed with a hard surface pavement and shall include adequate drainage facilities to dispose of all storm water.
(9) Lighting. Area lighting shall be designed for consideration of adjacent streets and residential areas.
(10) Loading and Unloading. At least one loading space shall be required per establishment and no loading or unloading shall utilize the public right-of-way. Loading and unloading space visible from the street shall be maintained in a neat or orderly appearance.
(11) Construction and Appearance. All buildings constructed shall conform to the standards specified in the National Electric Code and the Southern Standard Building and Plumbing Codes or their successors or enforced by the City of Jonesboro and to the health and zoning regulations of the said City of Jonesboro and the State of Arkansas. A site development plan shall be approved by the Metropolitan Area Planning Commission prior to the commencement of construction.
(12) Utility Easement. All utility easements as dedicated of the face of the plat shall be kept free of all structures and the removal of any obstruction by a utility company in damages or to restore the obstruction to its original form.
(13) Performance Standards. All of the following minimum standards must be complied with:
(a) Fire and Explosive Hazard. All activity shall be carried on only in structures which conform to the standards of the National Board of Fire Underwriters concerning the plant operation and storage of explosive raw materials, fuels, liquids and finished products.
(b) Radioactivity. All activities located within this zone shall comply with Title 10, Chapter 1, Part 20 of Code of Federal Regulations, “Standards for Protection Against Radiation”.
(c) Smoke, Fumes, Gases, Dust and Odors. There shall not be excessive emission of any smoke, fumes, gas, dust or odors. These and any other atmospheric pollutants which are detectable to the human senses at the boundaries of the lot occupied by such use in prohibited. In any case, the limit of such use emission of air pollutants shall be subject to the approval or acceptance of the Metropolitan Area Planning Commission.
(d) Vibration. There shall be no vibrations which are discernible to the human sense of feeling beyond the immediate site on which such use is conducted.
(e) Noise. There shall be no operational industrial noise measured from any point on the property line of the lot on which the industrial operation is located which shall exceed the values given in the following table in any octave band of frequency. The sound pressure level shall be measured with a Sound Level Analyzer that conforms to specifications published by the “American Standard South Level Meters for Measurements of Noise and Other Sounds” Z24.3-1944, American Standards Association, Inc. New York, New York, and “American Standards Specifications for an Octave Band Filter Set for the Analysis of Noises and Other Sounds” Z24-10 1953, American Standards Association, Inc., New York New York.
FREQUENCY BAND IN SOUND PRESSURE
CYCLES PER SECOND LEVEL DECIBELS
0 - 75 65
75 - 150 50
150 - 300 44
300 - 600 38
600 - 1200 35
1200 - 2400 32
2400 - 4800 29
ABOVE - 4800 26
(f) Liquid or Solid Wastes. The discharge of untreated industrial waste into a stream or open or closed drain is prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the City of Jonesboro and the Arkansas State Health Department. All sanitary and process liquid waste must be discharged into the sanitary sewer system. The volume, quality and strength of all liquid waste shall be discharged into the sewer in strict accordance with the regulations of the City of Jonesboro.
(g) Site Drainage. No driveways, walks, parkways, etc., may be constructed across and drainage ditch, channel or swell without providing adequate culverts or waterway openings for natural drainage. Such culverts, etc., shall provide the minimum waterway industrial park opening and shall be at the proper gradient as established in the development plan. No rain or storm water run-off or such drainage as roof water, street pavement and surface water caused by natural precipitation or ground water from footing or foundation drains or other such sub-surface water drainage shall at any time be discharged into or permitted to flow in the sanitary sewer system. No sanitary sewage shall at any time be discharged or permitted to flow into the above mentioned storm water, surface or sub-surface sewer system.
(h) Site Plan Approval. Prior to the construction or alteration of any building or improvement on a building lot, site plans and specifications for such building or alteration shall be submitted to the Metropolitan Area Planning Commission for approval. Site plans shall contain the following information:
(a) The site plans shall be drawn to a scale not greater than one-inch equals fifty (50) and shall show the following:
(1) All lot line dimensions.
(2) Building setback, side line and rear yard distance.
(3) Location of all existing and proposed buildings.
(4) Location of off-street parking areas with dimensions showing parking spaces, access drives, traffic circulation and the location or description of any lighting in connection with the parking area. This includes the location and dimensions of all loading and unloading docks and area.
(5) Location and description of all proposed signs.
(6) Type of surface paying and curbing.
(7) Storm drainage facilities and means of disposal of storm water.
(8) All landscaping, fences, walls or similar facilities to be provided.
(9) The location of all structures within 50 feet of the property.
(10) All existing and proposed grades.
(11) Location and size of all existing and proposed utilities.
(12) Location of all existing and proposed easements.
SECTION 2: The provisions of this ordinance shall apply to all existing structures and improvements.
SECTION 3: It is found and declared by the City Council that there is a need to amend the zoning ordinance affecting I-2 Zoning and that proper use of I-2 zoned property is being delayed because of the current zoning regulations and, therefore, an emergency exists and this ordinance being necessary for the preservation of the public peace, health and safety, it shall take effect from and after its passage and approval.
PASSED AND ADOPTED this 7th day of March, 1988.