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0213 .. . r 1 .., crry OP c., . , JA CKSONVILLE Z ONING ORDINA NC 7' JACKSONVILLE, ARICA NS.A i f - ' - • ... . \ 1 II . 1 Table of Contents ( Continued) .A rticle rin, 'Je c XLX Area Height and Yard Requirements . XX Signs 37 XXI Exceptions and Modifications 40 XXII Off- Street Parking and Loading 44 XXIII Administration, Enforcement and Penalties on XXIV Board of Adjustment 5' XXV Changes and Amendments r. XXVI Legal Status Provisions • _i ;.. 1' 1 TABLE OF CONTENTS Article i "` I Freamble and Enactment Clause s II Definitions III Application of Regulations i ' IV Nonconforming Uses .. • . • •- V General Provisions :y VI Districts and Map - - ` , w is A -1 Agriculture District 7:17 R -•0 and R -1 Single - Family Residential_ Districts `' IX R -2 Two - Family Residential District - . X R-3 Multi- Family Residential District - XI R -4 Mobile Home District .. XII C -1 Quiet Business District XIII C -2 Shopping Center District ..... - . - XIV C -3 Highway Commercial District XV C -4 General Commercial District XVI M-1 Light Industrial District .. , . . _ . f.t3 X 1 M -2 Heavy Industrial District .... ..... • ' . XVII: F -1 Flood Channel District :ir 1 - -1- •1 ta • AN ORDINANCE REGULATING THE LOCATION, HEIGHT, wimi3GR OF STORIES, BULK, AND SIZE OF BUILDIINCE AND OTHER STRI.10111i2�w.s"�. THE SIZES OF YARDS AND OTHER OPEN SPACES; LOT COVBRAGS DENSITY AND DISTRIBUTION OF POPULATION; OFF - STREET PARIS ING AND LOADING FACILITIES; AND THE USES OF BUILDI:;4S, STRUCTURES, AND LAND FOR BUSINESS, INDUSTRY, RESIDENCE, AND OTHER PURPOSES IN THE CITY OF JACYZONVILLE, ARKANSAS AND FOR SAID PURPOSES TO DIVF.DE THE CITY OF JACKSONvLLi INTO DISTRICTS, OF COMPATIBLE USES, FOR LARGE SCALE. DEVELOPMENT, FOR ELIMIDIATIONOFtEES NOT IN CONFORM/Us/Cie WITH PROVISIONS OF .THIS ORDINANCE, AND FOR SUCH OTHER MATTERS AS ARE NECESSARY TO THE IEALTH, SA.rETY, AND GENERAL WELFARE OF THE CITY OF JAC SONVWLLE; AND Fool SAS PURPOSES TO DIVIDE THE CITY OF JACKSONVILLE INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGU1AflWS: TO PRESCRIBE PENALTIES FS.R THE VIOLATION OF ITS PROVISIONS; AND TO PRESCRIBE FOR ITS ENFORCEMENT ARTICLE I Section 101. Preamble and Enactment Clause, WHEREAS, the Mayor and City Council of the City of Jacksonville Pulaski County, Arkansas, are authorized by the laws of Arkansas., eluding, among others, Act 186 of the laws of Arkansas of 1957, to pre - vide for the preparation, adoption, amendment, extension and carrying out of an official plan, in whole or in part, for the purpose of beating about coordinated physical development in accordance with presant and future needs, and to create a planning commission with authority t4pte- pare and propose: 1. A master plan of physical development of the municipality and environs; 2. A zoning ordinance and zoning map; 3; Regulations controlling the development and subdiv- ision of land; 4. Regulations establishing setback lines on major streets and highways; 5. Control of land along narigeb streams; and 6. Regulations providing .1..,D . F C' . is .e. _.i eller I l::`fi c.ny of Inc manor streets : _.. d :,i.glrt: •:f. bieews ilr the plan; :Jet; WHERE P.3, percuan.t to the het s of the State of firl.aus .s, includ- ing the aforesaid i! +:t 1;16 of the Laws of Arkansas of 191 tl•e 1Vi..yor and City Conitnit if the ( of ,le clisoneiild itri: utsztc, have .`.c.. by resoliatior, dilly and lc :gaily adopted and entered upon their reek minutes as proviried by law, created : ;:i nainl commissia't c-:: Pro,' C A in sai.d Act V1fl '.a c.7, •.c..icl planning cominis lion has proposed and with 17-le City Clerk of Lire City of Jacicsciidlle, an official pl.-;.n C.<''it- sisting of a zoning ordinance and zoning map, which plan covers and affects the following described area of Pulaski County, i.rirenses, 1. That entire area lying within the corporate limits of the City of Jacksonville, Arkansas. Said ordinance and reaps being now on file in the offices of the City Clerk of the City of Jacksonville, references to which are hereby made; and W}IER.EP_S, property owners, parties in interest, and citizens were given notice of the consideration by the Planning Commission of the City of Jaclwouville of this Ordinance by notice published in the Jacksonville News, a newspaper published in and having a general circulation in the City of Jacksonville, Arkansas, on the and of a public hearing In relation thereto at which parties in interest and citizens should have an opportunity to be heard, said public hearing held in the Municipal Building at Jacksonville, Arkansas, at dclock M., the day of , 1969, at which time all pro- test and objections would be received and heard, all as shown by proof of publication on file with the Clerk of the City of Jacksonville, Arkansas; and WHEREAS, the planning commission of the City of Jacksonville did meet at the time fixed in said notice, which time was more than fifteen (15) days after the first publication of said notice, and received, - and heard, and considered all protests and objections presented to it, and having disposed of the se.me, did recommend and certify said zoning ordinance to the City Council of the City of Jacksonville for its adoption; and -2- WHEREAS, the Mayor and `2. ' Council of the City of Jacksonville affirmatively finds and adjudicatca that it is necessary and to the best interests of the City of Jacksonville that the w°cresaid proposals of said planning commission be adopted and enforced in. whole, except as hereinafter provided, for the purposes of promoting the health, safety, morals, convenience, order, prceperity, and general 'welfare of the City of Jacksonville; lessening congestion in the streets; secur- ing safety from fire, panic, and other dangers; providing adequate 3 glit and air; preventing the overcv:_wding of land; avoiding undue concentra- tions of populations; facilitating the adequate provision of transportation, water, SeWerage, Schools, p= -.its and ether public regeirerr.ento; and r. el?ahle consideration, an other things, of the character of ::acn district within the city and its peculiar suitability for particular .L:.3 with J. .:a ircinotnig deLii able laving renditions rand sustain stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditurf-: , eon - servinr! the vain:: of buildings and encouraging the most appropriate use of land and other buildings and structures throughout the city;. NOW, THEREFORE; 33E IT RESOLVED AND ORDAINED 13Y THE MAYOR AND CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS; THAT, Section 102. Short Title. This Ordinance including the zoning maps made a part hereof, shall be known as the "Of:icial Zoning Ordinance of the City of Jacksonville, Arkansas" anti may be so cited. -3- ARTICLE)" . DEFINITIONS Section 201. For the purpose of this Ordinance certain terms, phrases, a a: 7s and their derivatives are herewith defined as follows: Words used in the present tease include the future; words in singular include the plural, and words in the plural number c ' t the singular; the word "building" includes the word "struchr e:" word "shall" is mandatory, and not directory. ACCESSORY BUILDING: A subordinate building or portion ci main building, the use of which is clearly incidental to that of ris :cr;. _ -: building. ACCESSORY USE: A use subordinate in nature, extent or pa; .-°a; to the principal use of a building or lot. ADVERTISING SIGN, OUTDOOR: A structural poster panel v! painted sign, either free standing or attached to the outside of a for the purpose of conveying information, knowledge or ideas to public about a subject either related or unrelated to the premises which located. ADVERTISING STRUCTURE, OUTDOOR: Anything constrvct.: or erected, either free standing or attached to the outside of a b *z tip. ing, for the purpose of conveying information, knowledge or to the public about a subject either related or unrelated to the upon which located. ALLEY: A way which affords only a secondary means of acct', to abutting property. APARTMENT: A portion of a residential building used as a. separate housekeeping unit. .APARTMEIV;T HOUSE: See Dwelling, Multiple. BASEMENT: A story partly underga ramd and having at least: one -half of its height above the average level of the adjoining grccrt -4- A basement shall be counted as a story if subdivided and used for dwelling or business purposes. BOARDING HOUSE: A building other than a hotel where lod n and meals for five (5) or more persons are served for compensation. Bun .TDING: A structure having a roof and intended for the shelter, heucing or enclosure of persons, animals or chattels. BULL DIG, ALTERATION OF: Any change or rearrangement en the supporting member:; (such as bearing v' 11.e, beams, columns or girders) o' e builoizg zany addition to a builay ng, or nceemeat of a building from one location to another. BUILDING, FRONT LINE OF: A line parallel to ate at ..ac#, intersecting the foremost paint of the building ea eluding steps, BUILDING, HEIGHT OF: The vertical distance measured from the curb level to the highest point of the roof surface, if a flat roof; to the deck line of a mansard mot and to the mean height level between eaves and ridge for a gable, hip or gambrel roof; provided, howevex, where bu ldings are set back from the street line, the height of the building may be measured from the average elevation of the linefeed grade aLnng the front of the building. BUILDIMG, PRINCIPAL: A building in which is conducted the main use of the lot on which said building is located. BUSINESS: Includes the Commercial, Light Industrial and Heavy industrial uses and Districts as herein defined. CARPORT: See Garage, Private. CELLAR: A story having more than one -half of its height bete? r the average level of the adjoining ground. A cellar shall not be con as a story for purposes of height measurement. CLINIC: A building used by a group of doctors for the medi e.a. examination or treatment of persons on an out - patient, or non -bon_ L basid only. CLUB: A building owned, leased, or hired non - profit assoc.:let:eel of purposes, who are bona fide members paying dues, the use of which is restricted to said members and their guests. - 5 - CONFORMING USE: Any 1awfa;' use of a building or lot which complies with the provision$ of i: Ord::rznce. COURT: An open unoccupied space other than a yard, on the same lot with a building and which is bounded on two (2) or more sides by the ln�ii,ting. CURB FREAK: Any interruption, or break, in the line of a street curb in order to connect a rL vewny to a street, o- to provide vehicular acce..,s to abutting property. CUR:i3 LEVEL: The level of i'�v established 1re .:. of the building measured at the center of csuch front. Wher :a ao c:.: • "...ica been established, the City Engineer shall authorize and approve tb establishment of such curb or its equivalent for the purpose of Ibis Or - nuance. inNELIJNG °:.c+ F'A ".1 ?LY: A detached building design-4d; arr , t• use i :C,r o" r ;: :ed eeciusi, • ., . j „ (1. it.. DWELLING, TWO- IAMXI;Y: A building dhsibned, acrang ^d, or used or occupied exclusively by two (2) families, livinf; independently of each other. DWELLING, .`VTJLTIPLE: A building or portion thereof used or _rr: ignated as a re 3iI euce for three (3) or more farnilier ss se•rtrate housekeeping units; .including ap..,•; :r.ents and apartmerr ,:,ote)r•. FAMILY: One (1) or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodgi.ng house, hotel, club, fraternity or sorority house. FLOOR AREA: The sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches, balconies, garages, basements and cellars, measured from the exterior faces . of the exterior walls or from the center lines of walls or partitions separating dwelling units. For uses other than residential, the floor area shall be measured from the exterior faces of the exterior walls or from the center line of walls _ ar partitions separating such uses, and shall include all floors, lofts, balconies, mezzanines, cellars, basements, and similar areas devoted to such uses. FRONTAGE: All the property abutting on one (1) side of a street 'oetween two (2) intersecting streets, rue: sur•ed along the street - 6 - • GAEAGE, FEtVATE : An accessory bui1d.ng or po; t;_:, ;, a principal building used for vehicular storage or.".y, =.r:c' i..,: capacity adequate to accommodate the automobiles or :r..'_cc awned and registered in the name of the ccupar_t3 of the prr_w p-A? b\iidieg. The term includes carport and, \Then related to the curt: s;, relate to the storage of one or more vehicles. GARAGE, STORAGE: A building or portion thereof, other than a private gar-..;e, used exclusively for parking or temporary storage of self-propelled vehicles. GARAGE, PUBLIC: A building other than a private or storage garage used for the rare, repair or storage of self- propelled vehicles or where such vei isles are kept for remuneration, hire or sale. This includes premises commonly known as filling stations or service :stations. GROU? HOUSES: .A group of detached or semi- detached dwellings :acing upon a place as herein defined. }mum OCCUPATION: An occupation or profession customarily carried on by the occupant of a &suiti.rg as a s condary :e r ;h ch In c:;.,;r,rly incidental to t::c use of the dvie i ng for rest:: ..t: :. ?us poses. l :.rze occupations shall include, in genera:, educatianai or personal services such ac furnished by a tutor, seamstress, etc., when per- formed by persons occupying the building as a residence, HOTEL: A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in latch there are more than fifteen (15) sleeping room:: usually occupied singly and with no provision made for coolang in rr: y individ- ual roots or apartment. FIOUSE TRAILER: A non - self - propelled vehicle containing living or sleeping accommodations, which is designed and used for highway travel. JUNK YARD: An open area where waste, used, or second -band matceriL.s are bo ruht, sold, a :changed, stored, baled, packed, dis- acs Lrnzed or handled, including but not limited to scrap iron and other met :Cr, paper, rags, rubber tires and bottles. A "yir_k yard" also ineludc s as auto wrecking yard, but does not include uses established entirely within enclosed buildings. ,7- LODGING HOUSE; A building, other than a hotel, ta: -=s-5 ing for five (5) or more persons is provided for compEnss . :: LOT OF RECORD: A lot which is part of a subdaivisj.en i:':r( map of which has been recorded in the office of the ChLvat.ery Clerk of Pulaski County. LOT, CORNER: A lot situated at the junction of two (2) or more streets. LOT, INTERIOR: A lot other than a corner lot. LOT, THROUGH: A lot having frontage on two (2) parallel or approximately parallel sflcts. LOT, LINES: The lines bounding a lot as defined herein. MOBILE HOME: A detached single- family dwelling unit .,-i ;h all of the following characteristics: (a) designed for 1=: - ; term occupancy and ccntaining sleeping accommodations toilet, tub or shower bath, and kitchen facilities, with Coml.- ing and electrical connections provided for attachment ti not- side systems; (b) desig n tt to be transported after f:;tyr:< <s.= L:n on its own wheels or on f1at.Led or other trailers of de ;:oc! ;tic wheels; (c) acriv.in; et tii sate where it is to be occu;."i•ed es a dwelling complete, iac1u major appliances and rccxn,tiz.=_ and ready for occupancy except for minor and incidental o pacE- ing and assembly operations, location on foundation supports, connection to utilities and the like. MOTEL: See Tourist Court. NONCONFORMING USE: Any use of a building or lot which does not comply with t:lhe. provia :iaus of this Ordinance. WPRcTRY: Any 1.rtildinc or lot, or portion thereof, us::d for the cul't'ivation or growing of plants, and including all acces- sory buildings. NURSERY SCHOOL: Any building used routinely for the dey- time care or education of pre - school age children, and includ- ing all accessory buildings and play areas. PARKING AREA, SEMI - PUBLIC: An open area other than a street, alley or place, used for temporary parking of more than four (4) self- propelled vehicles and available for p.irlic ur whether free, for compensation, or as an accommodation for clients or customers. PLACE: An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property. - 8 - i URLI'; UTILITY: Auv 'nrrnn 151-_e, "n-' ^c rrti.en regulated by a city or rizte r=,rn atory L._ y i' - agency, furnishing water, Reeser, electri.e, gas, telephone, ru; .a` ^:r1 other similar utility services to or for PUBLIC UTILITY 'FACILITY: Buildings, structures, materials and property owned or operated by any public utility and used for furnish- ing any utility service, SE •'" ER ," sn nr. ♦ �'�' �•�•n.l ,�r.r J.�i�v't'a .:�UAT �T.�.,r.S: An a. c s _ y the same bulca ,; :•.c .. _ . ;;.x lot or grounds with the main building, and used as living Y'.ss'h rs for servants employed on the premises and not rented or otherwise used as a separate domicile. STABLE, PRIVATE: .A separate accessory building with a capacity for not more than one (1) horse for each three thousand (3, 000) square feet of lot area whereon such stable is located and where such horses are owned by the owners or occupants of the premises and not kept for remuneration, hire or sale. STABLE, PUBLIC: A stable other than a private stable. STORY: That portion of a building included between the surface of any floor and the surface of the floor next above 1 t, or if there be no floor above it, then the space between such floor and the ceiling next above it STORY, HALF: A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three (3) feet above the floor of such story. STREET: A public or private thoroughfare which affords principal means of access to abutting property. STRUCTURE: Anything constructed or erected, the use of which requires location an the ground or that it be attached to something having a location on the ground. TOURIST COURT: A group of attached or detached buildings containing individual sleeping or living units for overnight guests, with garage attached or parking facilities conveniently located to each unit. The term includes motel when related to the context specified herein. TOURIST HOTL1E: A dwelling in which overnight sleeping actors- . modations are provided or offered for not more than five (5) transient guests for. compensation. -9- TRAILER C. NT2: Any lot an which are parked two (2) or more trailers, or one (1) or mere trailers ;'or a longer period of time than forty-eight (48) hours. YARD: An open space other than a court, on the same lot with the building, unoccupied and obstructed from the ground upward, except as otherwise provided herein. YARD, FRONT: A yard extending across the front of the lot be- tween the inner side yard lines and measured between: 1. The front line of the lot and front line of the building, and 2. 7'u' !:rout line of the lot and the nearest line of any open porch or paved terrace. YARD, R `::..R: :1 yard in across the full width of the lot and measured betwe • u the ra ::..r line of the lot and the marline of the main building. YARD, SIDE: A yard. !wtwran the building and the side line of the lot and extending *n the front to the rear yard. • 10 ARTICLE III A -.'LICATION O F REGULATIONS Section 301. Except as hereinafter provided, no building or other structure shall hereafter be erected, reconstructed or structurally altered nor shall any building or other structure or land be used hereafter for any purpose other than is permitted in the district in which such building or other structure or land is located. Section 302. Except as hereinafter provided, no building or other structure shall hereafter be erected, reconstructed or structurally altered to exceed the height or bulk limit herein established for the district in which such building or other structure is located. Section 303. Except as hereinafter provided, no lot area shall hereafter be so reduced or diminished that the yards or other open spaces shall be smaller than described by this Ordinance and no building shall be occupied by more families than prescribed for such building, structure or premises for the district in which it is located. Section 304. Except as hereinafter provided, no yard or other open space pro- vided about any building or other structure for the purpose of complying with the provisions of these regulat ions shall be considered as providing a yard or open space for any other building or structure; provided further that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building or other structure is to be erected. Section 305. Every building or other structure hereafter erected shall be located on a lot as herein defined and in no case shall there be more than one (1) building or other structure on one (1) lot, except as here- inafter provided. See Section - 11 - Niff49911014-ntNP 140114 WWI In order to avoid individual hardship whenever reasonable and not in conflict with the general welfare of the City of Jack- sonville, and for purposes herein outlined, the following pro- visions apply to all zones: Section 401. Noncon£ormin Uses Permitted. Except as herein specified, the lawful use of any build- ing or land existing at the time of the enactment of this Ordinance may be continued although such use does not conform to the provisions of this Ordinance. Section 402. Unsafe Structures. Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition. Section 403. Construction Approved Prior to Ordinance. Nothing contained in this Ordinance shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which has begun. Section 404. Restoration. No building damaged by fire or other causes to the extent of more than fifty (50) per cent of its reasonable value shall be repaired or rebuilt except in conformity with the regula- tions of this Ordinance. Section 405. Abandonment. 'lhenever a nonconforming use has been discontinued for a period of one (1) year, such use shall not thereafter be reesta- blished, and any future use shall be in conformity with the provisions of this Ordinance. This section shall not apply - 12 - to Trailer houses, where the regulation shall be as follows: When a non- conforming trailer moves from such lot, it shall be considered immediately abandoned and shall not be replaced with another house trailer or re- established for trailer use. Section 406. Changes in Use. No nonconforming use may be changed to another noncon- forming use. Once changed to a conforming use, no building or land shall be premitted to revert to a nonconforming use. Section 407. Enlargement of Ponconforming Use. No nonconforming use shall be enlarged or extended in any way. Section 408. District Changes. The foregoing provisions shall also apply to nonconform- ing uses in districts hereafter changed. - 13 - ARTICLE V GENERAL PROVISIONS Section 501. Reduction in Lot Area. No lot may be reduced in area below the minimum lot area as specified herein for the district within which said lot is located. Section 502. Street Access. No building shall hereafter be constructed on a lot which does not have frontage on a publicly dedicated, accepted and maintained street. Section 503. Classification of Streets. For the purposes of this Ordinance, all streets in the City of Jacksonville, Arkansas, are hereby divided into three (3) classes as follows: 1. Major streets 2. Collector streets 3. Minor streets Section 504. Interference with Traffic Signals. In any district, no outdoor advertising sign or structure or tree or shrub shall protrude over any street so as to create confusion around, or otherwise interfere with, traffic signals. Section 505. Yard Re quirements of Access() 13uildin: s. Except as herein provided, the minimum yard requirements also apply to accessory buildings. However, accessory buildings may be located to within five (5) feet of a rear or side lot line. Section 506. Common Walls for AccessorLBuildings. When accessory buildings for garage and incidental storage purposes are constructed simultaneously on two (2) or more contiguous lots, ,there may be one (1) or two (2) wails shared in common between two (2) or more buildings, provided . that such wall or walls are centered over the common side or rear lot lines. - 14 - Section 507. Attachment of Accessory Buildings to Principal Buildings. When an accessory building is attached to the principal building by a breezeway, passageway, or similar means, it shall comply with the yard requirements of the principal building to which it is attached. Section 508. Distance Between Buildings. Except as herein provided, no accessory building shall be lo- cated closer than fifteen (15) feet to a principal building or to any other accessory building. Section 509. Vision Clearance at Corners. In any residential district no fence, wall, hedge or other structure or planting or other obstruction above a height of three (3) feet shall be erected, placed or maintained within twenty (20) feet of the inter- section of the right -of -way lines of two (2) streets or railroads, or of a street intersection with a railroad right -of -way. Section 510. Frontage on Corner Lots and Double Frontage Lots. On lots having frontage on more than one street, the minimum front yard shall be provided for each street in accordance with the provisions of this Ordinance. Section 511. Public Utilities Facilities Location. Electrical tranntormer stations, gas regulator stations, sewage and water treatment plants and pumping stations, and standpipes for public water supply may be located in any zone; provided, however, the location of such facility shall be a conditional use subject to the approval of the Planning Commission and City Council and the follow- ing requirments shall be complied with: 1. Such facilities shall be essential for the immediate area or for the proper functioning of the total utility system of which the above element is a part. 2. Any building or structure, except an enclosing fence, shall be set back at least fifty (50) feet from any property line. 3. Such facilities shall be enclosed by a protective fence. - 15 - 4. Open spaces on the premises shall be suitably land- scaped and maintained. 5. The storage of vehicles and equipment on the premises than be prohibited. • 6. The surrounding area shall not be adversely affected by. and shall be protected from, noise, odor, glare, dust, fumes, gas, smoke and vibration by such suitable means and conditions as the City Council may specify. Section 512. Excavation or Removal of Soil. No person, firm or corporation shall strip, excavate or other- wise remove soil for sale or any other purpose without first obtaining a permit from the building inspector for such stripping, excavating or other means of removal. The building inspector shall issue the required permit only after being satisfied that the resulting change of grade in the affected area will not be against the best interests of the community. The provisions of this section shall not be construed to prohibit excavation or grading incidental to the construction or alteration of a building on the premises for which a building permit has been granted as required otherwise in this Ordinance. Section 513. Unsightly or Unsanitary Storage. No manure, rubbish, salvage materials or miscellaneous refuse may be stored in the open within any residential district when the same may be construed as a menace to public health or safety or may fairly be held to have a depressing influence upon property values in the z neighborhood. Regular salvage and junk yards shall be adequately enclosed with a fence and a planting screen shall be required to hide the unsightly storage. Planting screen shall be viburnum michphilla, wax legustnh n, or similar thick growing plants. • -16- ARTICLE VI DISTRICTS AND MAP Section 601. Districts. In order to regulate and restrict the location and use of buildings, structures and land for residential, commercial, industrial, or other purposes, and location of buildings and other structures erected or altered for specified uses, and to regulate and limit the height and bulk of build' gs and other structures hereafter erected or altered, to regu- late and determine the area of yards and other open spaces, and to regulate and limit the density of population, the City of Jacksonville is hereby divided into districts of which there shall be thirteen (13) known as: A -1 Agricultural District - agricultural R -0 One - Family District - residential 12-1 One - Family District - residential. 11-2 Two- Family District - residential R -3 Multi- Family District - residential R -4 P/Iobile Home District - residential C -1 Quiet Business District - commercial C -2 Shopping Center District - commercial C -3 Highway Commercial District - commercial C -4 General Commercial Dist rict - commercial M -1 Light Industrial District - industrial M -2 Heavy Industrial District - industrial F -1 Flood District - conservation Section 602. Map. The districts above and the boundaries of such districts are shown upon the zoning map accompanying and made a part of this Ordinance, being designated as the official zoning map and said map and all the notation, references, and other information shown thereon shall be as much a part of this Ordinance as if the matters and information set forth on said reap were all fully described herein, except as herein- after provided. Section 603. Boundaries of Districts. Where uncertainty exists with respect to the boundaries of the various districts as shown on the official zoning map accompanying and made a part of this Ordinance, the following rules shall apply: - 17 - I. The district boundaries are the streets or alleys unless otherwise shown, and where the districts designated on the map accompanying and made a part of this Ordinance are bounded approximately by streets or alley lines, said street or alley shall be construed to be the boundary of such district. 2. Where the district boundaries are not otherwise in- d r.:;ted a .i .here the property has been or may c.is i,ded into ";)lock lets. the hcrodaries shall be construed t!. 1rt 7-mci when the digtr ;ei.n designated en kno . *.map ac- companying and m modn r.. part of this C:rdin une are bounded ed approximately by lot lines, said lot lines shah be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the map. Where district lines are fixed by dimen- sions, indiv deal owners of lots split by such district . ;:2 4 2.1.1.E. permitted a t'2 .. ante of 25 feet in the use of sai.i lots. 3. Unl ^cn otherwise clearly daii .ed by streets, alleys, lots drainage course or other rs .finite means, the dl»irict horneary lines an tiro map accompanying am made a part al this Ordinance stall be determined by rise of the sra]e coettai ed on such map. -I8- ARTICLE VU Al AGRICULTURE DISTRICT Section 701. Permitted Uses. Single -£ arnily residence General harming Truck farming Ani.�nal raising Community facilities Public building Schools Churches Commercial recreation Section 702. Conditional Use. Public utilities - 19 - A RTICLE VIII R -0 AND R -1 SINGLEFAMILY RESIDENTIAL DISTRICTS The R -0 and 11 -1 Districts are established to permit the developing of single- family detached dwellings and certain community facilities in a suitable environment of low density development and to protect and maintain existing low - density single - family development. Section 801. Permitted Uses. Single-family dwellings Schools Institutions of an educational or philanthropic nature Churches, religious organizations and religious training Public parks and recreation facilities Public utilities rights -of -way Section 802, Conditional. Uses. Other community facilities Public utility facility Section 803. Dimensional Requirements. See Chart 1 , Page 36 . Section 804. Parking Requirements. See Chart 1 , Page 36 Section 805. Signs. See Chapter X • - 20 - ARTICLE I" R -2 TWO-FAMILY RESIDENTIAL DISTRICT The R -2 District is established to permit the developing of single - family and two - family dwellings in a spacious environment and to protect existing neighborhoods of single and two- family dwellings. Section 301. Permitted Uses. Any use permitted in R -1 Two - family dwellings Section 902. Conditional Uses. Other community facilities Public utility facility Section 903. Dimensional Requirements. See Chart 1 , Page 36 Section 904. Parking Requireme See Chart 1 , Page 36 . - 21 - ARTICLE X R -3 MULTIFAMILY RESIDENTIAL DISTRICT The R -3 District is designed to provide for areas already developed with high- density multi - family dwellings and areas where similar develop- ment appears desirable. Section 1001. Permitted Uses. Any use permitted in R -2 Multi- family dwellings Town houses Rooming and boarding houses Institutions for children or the aged (not including penal or correctional) Hospitals and clinics Personal service shops for barbering, beauty culture and physical culture Private clubs and lodges Coxamunity facilities Section 1002. Conditional Uses. Public utilities Section 1003. Dimensional Requirements. See Chart 1 , Page 36 Section 1004. Parking Requirements. See Chart 1 , Page 36 . Section 1005. Signs. See Chapter XX • - 22 - ARTICLE XI 11-4 MOBILE HOME DISTRICT The R -4 District is designed to provide for the de-reloping of properly planned mobile hotne parks in residential environments and to protect and maintain existing mobile home parks. Section 1101. Permitted Uses. Any use permitted in 11-3 One - family mobile home, provided that not more than one mobile home shall be on one lot except as part of a trtoL_le home park Mobile home park with a minimum of 3 acres under sit,g;e o:marz±kp Coin oper J c.d laundry Section 1102. Condik.r o st Us s. Public utility facility Section 1103. Dimensional Requirements. See Chart 1 , Page 36 . Section 1104, Parking Requirements. See Chart 1 , Page 36 Section 1105. Signs. See Chapter XX . • • • - 23 - • ARTICLE XII C -1 QUIET BUSINESS DISTRICT The C -1 District is designed primarily to provide for office rpace and light commercial. uren, to protect ezicti.:.� &fine a:i1 1 gn: nonri ^r col development, and to aztt, as a buffer between residential and ee.tnentrated commercial and industrial areas. Section 1201. Permitted Uses, Single - family dwellings Two - family dwellings Multi - family dwellings Town hc:r en Churches and accessory buildings Schools (. -,:,tic, private and nursery) Conzxxxunit;* £.a: lilies Public bai:!■lings Public u! 1.i i .s offices and rights -of -way Professional and general. offices Hospitals and clinics Funeral boxries Private c?L:11s and lodges Financial institutions Beauty and barber shops Laundry pick-up stations Coin operated laundries Pharmacy • Section 1202. Conditional Uses. Commercial recreation Farking lots Section 1203. Dimensional Requirements. See Chart 1 . Page 36 • • Section 1204. Parking Requirements. See Chart 1 , Page 36 . 24 - ARTICLE XIII C -2 SHC'PP IiiG °. >a RR DISTRICT The C -2 District is designed to accommodate regional and com- munity shopping centers to provide for a wide range of essential commercial services. Section 1301. Permitted Uses. hulti- family dwellings Churches and Accessory buildings Beauty and barbel shops Public buildings Public utilities offices and rights -of -way Private clubs and Lodges Professional and geaeral offices Financial institutions Convenience goods and services Retail consumer goods stores Restaurants Indoor theaters Bowling alleys Parking lots Section 1302. Conditional Uses. Schools (public, private and nursery) Commercial recreation Service stations Auto repair Drive -in restaurant Public utility facility Taverns Section 1303. Dimensional Requirements. See Chart 1 ,Page 36 . Section 1304. Paricinp_and Loading. • See Chart 1 , Page 36 Section 1305. Signs. See Chapter XX -26- ARTICY <IV C -3 HIGHWAY Cl id:lcIAL DISTRICT The C -3 District is designed primarily to facilitate commer- cial development oriented toward persons traveling by auto- mobile. This district is usually located along U. S., State and Interstate highways. Section 1401. Permitted Uses. Any use permitted in C -2 Hotels and motels Drive -in restaurants DUve -in theaters Commercial recreation Auto sales, service and repair Farm machinery sales, service and repair Mobile hone sale:: Automatic can wash services Service Statinns Schools (public., private and nursery) Public utility iaci.lity Section 1402. Conditional Uses. Carnival, circus, etc. Taverns Section 1403. Dimensional Requirements. See Chart 1 , Page 36 . Section 1404. Parking and Loading. See Chart 1 , Page 36 Section 1495. Signs. See Chapter XX • - 27 •- AaTICLE 2LV C -4 GENElAL CO':u'i5`tCIAL DISTRICT The C -4 District is designed to accommodate existing develop- ments of mixed commercial and light industrial areas and to provide protection to adjacent residential areas. Section 1501. Permitted Uses. Any use permitted in C -2 Animal hospital (without runs) Furniture Stores, retail and wholesale Paint stores, retail and wholesale Appliance sales and service, retail and wholesale Transportation facilities (bus depot,train station, etc.) Heavy commercial Uses, including: Photo -- finis. :.::...g, building materials and serv5 ces, cr,- f.tractor, printing, exterminating cL. cleaning plants, bakery, farm egripment, Hotel c: s :. :.J motels Schoc; : :: puhl'_r., private and nursery) Comme! :'..i -al ret.: `ation Service Stations Auto repair Drive -in restaurants Public utility facility • t Section 1502. Conditional Uses. Taverns Section 1503. Dimensional Requirements. See Chart 1 , Page 36 Section 1504. Parking and Loading. See Chart 1 , Page 36 Section 1505. Signs. See Chapter %R • - 28 - ARTICLE XVI M-1 LIGHT INDUSTRIAL DISTRICT The IVI-1 District is designed primarily to prc.vbie an environment for and conduct-WI:, tc' '713.1 Thv -tnent anti p-cc?....-cticrx administra- tive faelt.itiez itwatuticus, man ri niactung plants and similar enterprioes in an open landscaped development. Section 1601 P ctt U • pvb uti 111 . 1-F LabOrat troj. research fabilities .srA atip..ing au l receiving facilities Restaurany.. :1:1'.. 4 31 - drie Mobile 1.s.c.,..ae. Auto sale:: Auto rct-Ai.,„ ciao. b Photo-firt Printing I1rtermint& Cleaning plallt Bakery Bottling plant Tire recapping, Lumberyards, building materials Contractor's services Upttolstery manelacturing Furniture, wholesale and manufacturing Bookbinders Food processing, Sign painting thop Well drilling services • Sheet metal works Assembly plants Wood products manufacturing Animal hospitals, boarding and runs Bus and taxi garaging and maintenance 1 Manufacturing and sale of: Instruments for professional, scient, photogra.pbic, optical and similar uses Beauty and barber equipment and supplies Brooms - 29 - Section 1602. Not Permitted. Residences are specifically prohibited from any industrial district. Section 1603. Dimensional Requirements. See Chart 1 , Page 36 - Section 1604. Parking and Loading. See Chart 1 , Page 36 Section 1605. Signs. See Chapter XX �^ • - 30 - ARTICLE XVII M -2 HEAVY INDUSTRIAL DISTRICT The M -2 District is designed to provide areas for those manufacturing and other industrial uses which may involve objectionable influences and hazards. The regulations are designed to encourage the use of the district by such industries and to provide mutual protection of the per- mitted uses. Section 1701. Permitted Uses. Any use permitted in M -1 Mattress manufacturing and rebuilding Chemical plants Cement plants Fuel dealer, including bottled gas Manufacturing and sale of: Electrical equipment, machinery and suppl aer Fountain and becersge. equipment Leather products Metal fabrications Aluminum products Mining equipment Paper Rubber products Plywood, furniture and similar wood products Sawrailts Boats Home appliances Mobile hoaxes Section 1702. Conditional Uses. Other industrial uses, generally considered more obnoxious than those listed above, may be allowed in the M -2 District subject to the approval of the planning commission. Section 1703. Dimensional Requirements See Chart 1 .. Page 36 - 31 - Section 1704. Parking and Loadin& See Chart 1 age 36 , Section 1705. Signs. See Chapter XX . -32- ARTICLE XVIII Fl FLOOD CFIAIThTEL DISTRICT Section 1831. General Regulations. 1. General Zoning Districts: All property in Flood Districts shall be subject to the regulations of the general zoning districts in which they are located. 2. Type of Construction: Any permitted building shall be of a type of construction which is not appreciably damaged by flood waters. Any permitted structure shall be firmly anchored to prevent same from floating away and thus threatening to further restrict bridge openings and other restricted sections of the watercourse. 3. floatable Materials: It shall be unlawful to place any materials which in time of flood might float away and lodge against bridge abutments or otherwise serve materially to restrict the flood discharge capacity of the river channel. Section 1832. Specific Regulations. After the effective date of this Ordinance, it shall be unlawful in an Fl District to: 1. Construct, reconstruct, move, or alter any structure, make any excavation, or place any fill or materials which may materially restrict the flood discharge capacity of the river channel. The shad establish the appropriate standards governing permitted ground coverage and spacing of buildings. 2. Construct, reconstruct, move or alter any structure for residential occupancy other than transient facili- ties, provided that this shall not be interpreted to prevent routine maintenance or internal alterations of residential structures existing at the effective date of this Code. • -33- 3, Construct, reconstruct, move, or alter any enclosed place of public assembly, enclosed recreational facility, or transient accommodation, unless the ele- vation of the lowest enclosed floor, except for ele- vators, stairwells, and appurtenant lobbies, is at least two feet above flood elevation. 34 - • A RTICLE XIX AREA, HEIGHT AND YARD REQtTIREPIENTS Section 1901. Area Requirements. No building lot in any residential district shall have less frontage width nor less area than that shown in Chart No. 1, Dimensional Require- ments, for the district in which it is located. No dwelling in any residential district shall have less floor area than that shown in Chart No 1, Dimensional Requirements, for the district in which it is located. Section 1902. Lot Coverage by Structures. The total portion of the lot covered by buildings in any district shall not be more than that shown in Chart No. 1 for the district in which it is located. Section 1903. Hei:ht of Buis. :s and Structures. Except as hereinafter provided, no building or structure shall exceed the height limits shown in Chart No. 1 for the district in which it is located. Section 1904. Minimum Front, Side and Rear Yards. Except as hereinafter provided, no building or structure shall be set back a lesser distance from the street line than shown in Chart No. 1 for the district in which it is located. Except as hereinafter provided, no building or structure shall have a lesser side or rear yard than that shown in Chart No. 1 for the district in which it is located. • 35 • 1 ggg y g� _ k $ . • S 0 0 0 0 0 0 0 0 a §- § —§ gq . a 4.1 z zz zz z z xp • a o © b.ii 1 h dd ` d It 1 4 k MN M q „p tl ti • okik N MM 1n H on ON 1 .1111 ]O >P1 nlR. n2 : 1 n 1 M N On VI y Z Oa N O n m 00 .0 0 aY m + ( / < \� p pr r .r� "nw et-0.0 n n N... Q ,�,. l �p yy r a t Nv�V� nn vI o` ' Q: � TTT .' �. ' 2 nnn NH N N r1 NM 0 4 Ca �� t N 0.) n *Ann nn A �1 nn .9, 1'-.N -I R88 88 8 °. M i, VI S n n °82 28 i at 314, r° .$^ ill }� o p il F� i : I' T i' i • U 111 O ` ,L l gill @ l ' k g& gil S g 4 4 SR t 1 Q • a .... $ n nnn n o n n +� n n nn V ;' • _ z n .n n w, r .n ws n ,n .n r n ■ II W ter V� ' h 444 H- n N ry N 4 4 A •l'1 d 0 i . .. , d i i u i li t "' e a n: s s a 8 0 v 6- 'i ARTICLE XX SIGNS Section 2001. Scope of Regulations. No sign or outdoor advertising device shall be erected, maintained or continued unless it is in compliancc with the regulations for the zone in vrhich it is located. Additionally, no sign or other outdoor commercial advertising device constituting a hazard and /or nuisance because of light, glare, focus, noise, animation or flashing in any zone, or an illu- minated sign of such intensity of illumination as to unduly disturb the use of residential property shall be erected or continued in operation. Section 2002. Permitted Signs. The following signs are permitted in all districts by right: 1. Real estate signs located on the premises which they advertise. Residential Districts - Non - illuminated signs not exceeding 3 square feet in area. All Other Districts - Non- flashing signs not exceeding 20 square feet in area. 2. Professional name plates not exceeding 2 square feet in area. 3. Bulletin boards not over 12 square feet in area for public, charitable or religious institutions when located on the premises of said institutions. 4. Temporary construction signs not over 12 square feet in area 5. Memorial signs, tablets and names of buildings when cut into the surface of a building. 6. Signs of public service companies indicating danger, and aids to service or safety. 7. Building permit signs. ' 8. Non- illuminated signs on canopy structures denoting only the name of the owner and street address. -37- Section 2033. Permitted Signs by Zoning Districts. R -1, R -2, E-3, R -4 Residential Zones 1. One home occupation sign, non - illuminated and not exceeding 2 square feet in area when located on the premises of the home occupation. 2. Any sign permitted by right listed above. C -1 Quiet Business District One non - flashing, indirectly illuminated business sign describing products raised on the premises or services rendered on the premises on which such sign is displayed, provided that such sign shall not exceed 18 square feet in area nor be located nearer to an adjoining premises than 15 feet. Such sign shall not exceed the height of the structure in which the principal use is located or 20 feet whichever is Miner. C -2 ShoppinCenter District One non - flashing business sign describing goods sold or services rendered on the premises upon which it is displayed, provided that such sign shall not exceed 50 square feet in area. One such sign shall be permitted for each face of the building. Such sign shall be located not nearer than 10 feet to the adjoin- ing premises nor nearer than 10 feet to the right -of -way line. Such sign shall not exceed the height of the structure in which the principal use is located or 30 feet, whichever is lower. C -3 and C -4 Commercial Districts Non - flashing business signs describing goods manufactured or sold or services rendered on the premises on which they are displayed provided that on each street frontage upon which they are erected, no such signs, together with any permitted identi- fication signs shall exceed 75 square feet in area, end provided that no such sign shall exceed a height of 30 feet, measured from grade level. M -1 and M -2 Industrial Districts Non - flashing business signs describing goods manufactured or sold or services rendered on the premises an which they are - 38 - • displayed, or provided that on each street frontage upon which they are erected, no such signs, together with any permitted identification signs, shall exceed 300 square feet in area, and provided that no such sign shall exceed a height of 45 feet, measured from grade level. Section 2004. Outdoor Advertising Signs. Outdoor advertising signs are permitted in the C -3 and C -4 commercial districts and the M -1 and M -2 industrial districts subject to the following regulations: 1. The face of an advertising sign shall not be greater than 18 feet in vertical dimension nor greater than 55 feet in horizontal dimension, and shall not contain more than two advertising sign:, per facing. 2. if a sign is erected in conformance with this ordi- nance and subsequently the view of the full face of the said sign at any point is materially obstructed. said sign shall be considered no longer functional and shall be removed or relocated. (An obstruction shall be deemed to be a material character when it renders the essential elements of the sign unreadable.) Section 2005. Political Sins. All political signs, even if only temporary, must conform to all the provisions of this chapter. - 39 - • ARTICLE XXI EXCEPTIONS .AND MODIFICATIONS Section 2101, Lot of Records. Except as herein provided, in any residential district where the owner of a lot at the time of the adoption of this Ordinance or his successor in title thereto does not own sufficient land to enable him to conform to the minimum lot area and /or frontage requirements of this Ordinance, such lot may be used as a building site for a single family residence provided that minimum yard, setback and floor area require- ments for the district in which said lot is located are maintained. Section 2102. Adjoining and Vacant Lots of Record. If two or more adjoining and vacant lots with continuous frontage are in a single ownership at any time after the adoption of this O rdi- Dance and such lots individually are less than the lot width requirements for the district in which they are located, such groups of lots shill. be considered as a single lot or several lots of minimum permitted size and the resulting lot or lots shall be subject to the cl.nienrior_a.; rvquirc- meats of this Ordinance. Section 2103. Front Yard Setbacks. The setback reguimmerts of this Ordinance for dwellings shall not apply to any lot where the average existing setback on lots located wholly or in part within one hundred (100) feet on each side of said lot, within the same block and zoning district, and fronting on the same side of the street as such lot, is less than the minimum set back re- ) wired. In such cases the setback on such lot may be less than required setback but not less than the average of the existing setbacks on the aforementioned lots or within fifteen (15) feet of the street right -of- way, whichever is greater. Section 2104. Group Developments. In the case of group development of two or more dwellings to be constructed on a plat of ground of at least five (5) acres in area, not subdivided into customary streets and lots, and which will not be so subdivided or where the existing or contemplated street and lot layout make it unpractical to apply the requirements of this Ordinance to the indiyidual dwellings in such group developments, upon application - 40 - to the City Council, the application of the terms of this Ordinance may be varied in a manner that will be in harmony with the character of the area, and will insure substantially the same character of occupancy and an average intensity of land use no higher, and a standard of open space no lower than permitted by this Ordinance in the district in which the proposed group development is to be located. Section 2105. Exceptions to Height Limits. 1. The height limitations of this Ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observa- tion towers, transmission towers, chimneys, smoke stacks, conveyors, flag poles, masts and aerials, penthouses, scenery lofts,sugar refineries, standpipes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances provided their construction is in accordance with existing or hereafter adopted ordinances of the City of Jacksonville and Pulaski County. 2. In the thirty - five CBS) end forty five (45) foot height districts, public or semi-public buildings or ho :vita]. may be erected to a height not exceeding seventy -five (75) feet when the front, side and rear yards are increased an additional foot for each foot such buildings exceed thirty-five (35) and forty -five (45) feet respectively in height. 3. One family dwellings in the thirty-five (35) foot height districts may be increased in height by not more than ten (10) feet when two (2) side yards of not less than twenty (20) feet each are provided. Such dwellings, however, shall not exceed three (3) stories in height. Section 2106. Area Exceptions. 1. For the purpose of side yard regulations the following dwellings with common party walls shall be considered as one (1) building occupying one (1) lot: Semi - detached two - family and four - family dwellings and row- houses not more than two (2) rooms deep. 2. The front and side yard requirernents for dwellings shall be waived where dwellings are erected above stores. -41- 3. In the case of a court apartment, side yards may be used as rear yards provided that; a. The required side yard shall be increased by one (1) foot for each entrance or exit opening into or served by such yard. b. The width of the place or court shall not be less than three (3) times the width of the side yard as required in this provision, provided that open, unenclosed porches may project into the required place or court not more than twenty (20) per cent of the width of such place or court. c. Where a roadway is provided in the place or court the width allowed for such roadway shall be in addition to the required above. d. All other requirements, including front, side and near yards shall be complied with in accordance with the district in which such court apartments are located. 4. In computing the depth of a rear yard for any building where such yard opens onto an alley, one -half (1/2) of such alley may be assumed to be a portion of the rear yard. 5. An accessory building may occupy not more than six hundred and fifty (650) square feet. An accessory building may be permitted without side or rear yard if located more than one hundred (100) feet from the front or street line. An attached or detached "garage may come to within one -half (1/2) of the required side yard, in the zone in which it is erected, provided the front of the garage is seventy -five (75) feet from the front lotline. A Porte Cocere or carport may be built to within. one -half (1/2) of the required side yard, in the district in which it is buili. 6. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, orna- mental features and eaves; provided, however, that none of the above projections shall extend into a court more than • six (6) inches nor into a minimum side yard more than . twenty -four (24) inches. -42- • 7. No cornices shall project over the street line more than five (5) per cent of the width of such street, and shall in no case project more than four (4) feet. 8. Open or enclosed fire escapes, fireproof outside stair- ways and balconies projecting into a yard not more than five (5) feet or into a court not more than three and one- half (3 -1/2) feet, and the ordinary projections of chimneys and flues may be permitted by the building inspector where same are so placed as not to obstruct the light and venti- lation. Section 2107, Service Stations. Service stations or gasoline filling stations shall be so constructed that for driveways parallel to the street boundary line the center line of the pump shall be at least fifteen (15) feet from the parallel street property line, and if on a corner lot, the end pump shall be at least fifteen (15) feet from the other street property line; for driveways built diagonally across the corner lot, the center line of pumps shall be at least twenty -five (25) feet from the street corner of the lot and the end pumps shall be at least fifteen (15) feet from the street property lines. Section 2108, Churches, School and Fire Stations. Churches, schools and fire stations shall be permitted in residen- tial districts upon permit granted by the City Council after having advertised for fifteen (15) days and setting a date to hear objections; in the event that twenty (20) per cent or more people within a radius of one hundred and sixty (163) feet, excepting alleys and streets, object to proposed permit, then such permit shall not be granted except by favorable vote of two - thirds of all members of City Council. 43 ARTICLE XXI1 OFF-STREET PARKING AND LOADING Section 2201. Off- Street Parking Requirements. At the time of the erection of any building or structure hereinafter listed or at the time any such building or structure is enlarged or in- creased in capacity by adding dwelling units, guest rooms, floor area, seats, beds, members or employees there shall be provided for such new construction, enlargement or increased capacity off- street auto- mobile parking space in accordance with the following minimum require- ments: Type of Structure Number of RecL Parking Spaces 1. Boarding and rooming 1 space for each 2 bedrooms houses 2. Clubs, lodges and all 2 spaces for each bedroom, plus similar places providing 1 space for each 5 active members overnight accommodations 3. Dwellings 2 spaces per dwelling unit 4. Hospitals, sanitariums, 1 space for each 4 beds, plus 1 rest and convalescent homes, space for each staff or visiting homes for the aged and doctor, plus 1 space for each 4 infirm, asylums, orphanages, employees (including nurses) and all similar institutions 5. Hotels 1 space per 3 guest bedrooms, plus 1 additional space for each 5 em- ployees 6. Motel, tourists courts, 1 space for each guest bedroom, or tourist homes, trailer trailer space, plus 1 additional courts, camps and parka apace for a resident manager or owner -44- Type of Structure Number of Required Parking_ Spaces 7. Automotive service and 1 apace for each regular employee repair establishments plus 1 space for each 250 square feet of floor area used for mechan- ical or body repair 8. Fowling alleys 5 spaces for each alley 9. Churches and other places 1 space for each 4 seats in the main of worship auditorium 10. Food stores of the type 1 space for each 75 square feet of customarlly termed "super floor area, excluding all rooms used markets" for storage only 11. Medical, dental and health 1 space for each 100 square feet offices and clinics of floor area used for office and similar purposes 12. Office buildings, including 1 space for each 200 square feet business, commercial, of floor area used for office or governmental similar purposes 13. Places of public assembly,* i space for each 4 fixed seats pro - including private clubs, vided for patron use plus 1 space lodges and fraternal for each 100 square feet of floor buildings not providing over- or ground area used for amuse - night accommodations, anent or assembly but not contain - assembly halls, auditori- ing fixed seats urns, dance halls, pool rooms, theaters, stadiums, gymnasiums, amusement parks, fair grounds, undertaking establishments and funeral homes, com- munity centers, libraries, museums and all similar places of public assembly # The Shopping Center Business District ( ) shall be excluded . from this provision. 45 Type of Structure Number cf Re Parki ng�Spaces 14. Restaurants, including 1 space for each 4 fixed seats pro - bars, grills, cafes, vided for patron use plus 1 parking taverns, night clubs, space for each 75 sq. feet of floor lunch counters, diners, area provided for patron use, but and all similar dining not containing fixed seats and /or drinking es- tablishments * 15. Retail establishments,* 1 space for each 100 square feet excluding food stores of : ?f first floor area plus 1 space for the type customarily each 200 square feet of floor area termed "super markets'; above the first floor, excluding but including personal all rooms used for storage only service shops, equipment or repair shops, gaso- line service stations, automotive sales establish- ments, all retail stores or businesses, and banks or other financial and lending institutions 16. Schools, including academies, 1 space for each 4 seats in assem- colleges, universities, bly hall, or if no assembly hall, preparatory schools, public then 1 space for each 2 employees, and private schools, and including teachers and adnzinistra- all similar institutions tors ' f learning , 17, Wholesale, commercial. 1 space for each 2 employees, per manufacturing and shift, plus 1 space for each cotn- industrial plants, in- pang vehicle operating from the eluding warehouses and premises storage buildings, con- . tractor equipment and building materials sales yards, lumber yards, * 'The Shopping Center Business District t ) shall be excluded from this provision. 46 - • Type of Structure Plumber of Required Parking Spaces research laboratories, (See previous page ) terminal facilities, busi- ness service establishments such as blueprinting and engraving, soft drink bottling establishments, fabricating plants, and all other structures devoted to similar mercantile, commercial or industrial pursuits not catering to the retail trade The area of each required parking space shall be not less than two hundred (200) square feet, exclusive of any required access drives or aisles. Each space shall be appropriately dimensioned for auto- mobile parking. Each required parking space shall be connected with a street or alley by a driveway which offers satisfactory ingress and egress for automobiles. Section 2202. Off- Street Loading Requirements. Floor area over 10, 000 square feet. There shall be provided at the time of the erection of any hospital, institution, hotel, commercial or industrial building or similar use requiring the receipt or distribu- tion by vehicle of materials or merchandise, and having a floor area in excess of ten thousand (10, 000) square feet, at least one off- street loading space for each ten thousand (10, 000) square feet of gross floor area or fraction thereof. Such space shall be so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley. Floor area less than 10, 000 square feet. There shall be pro - vided at the time of the erection of any commercial or industrial building requiring the receipt or distribution by vehicle of materials or merchan- dise, and having a floor area t►f less than ten thousand (10, 000) square feet sufficient off - street loading space as located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley. - 47 - Enlargements. The off- street loading requirements - on-the preceding page shall also apply at any time any svcb builthog th ;.tinTgad or increased in capacity by adding floor area and ;»«;h regv ecnici s shall apply to the enlarged or increased portion only. Size, Each off -street loading space . shall have minimum dimen- , sions of fourteen (14) feet in height, twelve (12) feet in width, and forty eight (48) feet in length; when _partipular.loadiug space will be -used excz1usivelyby shorter trucks, the city may reduce the minimum length to thirty -five (35) feet. Connection to Street or Alley. Each required off- street loading apace shall have direct access to a street or alley by a driveway which offers satisfactory ingress and egress for trucks. • - 48 - • ARTICLE XXIII ADMINISTRATION, ENFORCEMENT .AND ;^ ENAI,T1'GS Section 2301. Enforcing Officer. The Building Inspector of the City of Jacksonville is hereby au- thorized and directed to enforce all the provisions of this Ordinance and for such purpose he shalt have the powers of a police officer. His duties shall include inspecting premises and issuing building permits and certifi- cates of occupancy for buildings and uses that meet the requirements of this Ordinance. Section 2302. Building Permits. Building permits shall be issued in accordance with the following provisions: Building Permit Required. It shall be unlawful to commence the excavation or filling of any lot for any construction of any building or to begin construction of any building, or to commence the moving or alteration of any building or to coxnmence the development of land for a use not requiring a building, until the building inspector has issued a building permit for such work. Flat Required.. All applications for building permits shall be accompanied by a plat in duplicate of a dimensioned sketch or to -scale plan signed by the owner or his authorized agent, showing the actual dimensions of the lot to be built upon the location and size of the building or structure to be erected, the location of adjoining or surrounding buildings or structures, and such other information as may be required by the building inspector which is necessary to provide for the enforcement of this Ordinance. Time Limitation, Any building permit issued shall become invalid unless the work authorized by it shall have commenced within six (6) months of its date of issue, or if work authorized by it is suspended or abandoned for a period of one (1) year. No Building Permit or permit for excavation for any building shall be issued before application has been made for Certificate of Occupancy. - 49 Section 2303. Certificate of Occupancy. Certificates of Occupancy shall be issued in aco' ^danr:e with the following provisions: Certificate of Occupancy Required. No vacant land shall be occupied or used, except for agricultural purposes, and no buildings hereafter erected or structurally altered shall he occupied or used until a Certificate of Occupax.c7 shall r.' been issued within three (3) days after the applicatiri has bee :3 ±s_e:a• >, provided such use is in conformity with the provisions of - lint :• Ordinance. A certificate of Occupancy is required in advance of occupancy or use of: 1. A change of type of occupancy or use of any building or land, 2. Each nonconforming use created by the passage of, and subsequent amendments to, this Ordinance. Certificate of Occupancy shall state that the buildings or proposed use of a building or land, complies with all the buildings and health laws and ordinances and with the provisions of this Ordinance. records. It shall be the duty of the building inspector to keep a record of all building permits and Certificate of Occupancy issued, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved. Fees. No fee shall be charged for a Certificate of Occupancy. Denials. A Certificate of Occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this Ordinance, or unless the building, as finally constructed, complies with the sketch or plan upon which the building permit was issued. Section 2304. Penalties. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of 50 - any of the provisions of this Ordinance shall be arrested and brought before the court of appropriate jura:.diction and upon conviction he punished by a fine of not more than twenty- ;°e (2!:) do22.. ;cre ma tr.una allowed by city per offense or by imprisonment for rcpt rscro then thirty (30) days for each violation; and each day's i.%_illr :e to comply with the provisions of this Ord inance shall constitute a spar :Lie viola- tion, continuing offenses nhydl be puns: hablc by a lies': of M =nC. than $15.00 for each day of such violation. Section 2305. Remedies. In the event any building is erected, constructed, tlieo!r'f tzc+ck.ed, altered, repaired, converted, or maintained or an, 1'uUaaug c.r lard is used in violation of this Ordinance, the building inspeotor or any other appropriate city authority, or any person who would he damaged by such violation, in addition to the remedies, may institute injunction, mandamus, or other appropriate action in proceeding to prevent the violation in the case of each such building or use of land. • • • - 51 - ARTICLE XXIV BOARD OF ADJI.T. T :gnir Section 2401. A poinienerxt. The :board of Ad :tentment of the City eg Jere..se e Ile in hereby established. The word "Board" when used itx this aecttan shni) be construed to mean the 3oard of Adjustment, 'ihe Board shalt ca ;jt ist of three members who Stall be citizens of Jacksonville, .Arkansas appointed by the Mayor and fipproved by the Cib Council; one 4aeneher of the Board shall be a taervtber of the City Piaraaise Csnnrrhies:.ay. The term of office of the members of the Board shat be Pot: Three. f5) .ire a, except that the three members of the first appoinied Moored »tail Sce e respectively for term:t of one (1) year; two (2J years; and titre e433 years as determined by appointment, and theeea£tete one new member shall be appointed each year for a term of three years, Vaeancy.es shall be filled for an unexpired term only, in case a neeessity. Members shall be removed from the Board for cause by action of the Council upon written charges and after a public hearing. The of the Board shall receive no compensation for their services. The. chairman of the Board shall be appointed by the members of the ward. Tha Board shall adopt from time to time such rules and regulations as it :nay deem necessary to carry into effect the provisions of this Ordinance. Section 2402. Authority. The Board of Adjustment shall have jurisdiction of certain matters arising in connection with the administration, enforcement, oe interpre- tation of this Ordinance as herein provided. Section 2403. Meetings. Meetings of the Board of Adjustment shall be held et the call of the Chairman and at such other times as the majority of the Board may determine. There shall be a fixed place for the m.eeting and all meetings shall be open to the public. The Chairman, or in h? c, rh:ierno the Acting Chairman, may administer oath and compel the attenda_ of witnesses. The Board shall adopt its own rules and procedteres and keep records of its proceedings showing the action of the Board and the vote of each member on each question considered. Records of its pva'mi- nations and other official action shall be immediately filed in the office of the Board and shall be a public record. . - 52 - The City Clerk shalt be responsible for typing, recording and filing the minutes and resolutions of the Board. Each session of the Board shalt be at a public meeting with public notice of said meeting and business to be carried on published in a news- paper of general circulation in the City of Jacksonville at least one (1) time seven (7) days prior to the meeting. Section 2404. Jurisdiction. The Board of Adjustment shall have the following powers and it shall be its duty: 1. T o hear and decide appeals cohere it is alleged there is an error in an order, requirement, decision or determination made by the building inspector in the enforcement of this Ordinance. 2. To hear and decide upon applications for special exceptions enumerated in this Ordinance. 3. To permit the extention of a district where the boundary line of a district divides a lot in a single ownership at the time of the passage of this Ordinance. 4. To interpret the provisions of this Ordinance in such a way as to carry out the intent and purpose of the plan as shown upon the accompanying official zoning map (made a part of this Ordinance) fixing the several districts where layout actually on this ground varies froze the street layout on the map. 5. To vary or modify the application of any of the regulations or provisions of the Ordinance where there are practical difficulties or unnecessary hardships to carry out the strict letter of this Ordinance, so that the spirit of this Ordinance Shall be observed, public welfare and safety secured, and substantial justice done. In exercising the above powers, the Board, may, in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination of the building inspector, and to that end shall have all the powers of the building inspector and may issue or direct the issuance of a building permit. - 53 - A major vote of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the building inspector, or to decide in favor of the applicant, or on any matter upon which it is required to pass under the provisions of this Ordinance. Section 2405. Appeals. 1. Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Jacksonville, Arkansas, affected by any decision of the ' building inspector under this Ordinance. Appellants simn file with the Board a Notice of Appeals specifying the grounds thereof. The building inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken. The final disposition of • any such appeal shall be in the form of a decision expressed in a resolution, either reversing, modifying, or affirming, wholly or partially, the Board's decision or determination appealed from. 2. Any person aggrieved at the findings of the Board of Adjust- ment of the City of Jacksonville shall have the right of appeal from the findings of said Board to a court of record having jurisdiction in the manner provided for in the statutes of Arkansas. -54- ARTICLE XXV CHANGES AND AMENDMENTS Section 2501, The City Council of the City of Jacksonville may from time to time on its own motion, or on petition, or an recommendation of the Planning Commission, after public notice and hearing as provided by law, amend, supplement, abridge, modify or repeal the boundaries or regulations herein or subsequently established, after submitting the same to the City Planning Commission for its recommendation and report. In case, however, of a protest against such change duty signed and acknowledged by the owners of 20 per cent or more of the frontage proposed to be changed, or of the frontage immediately in the rear thereof, or directly oppori$e thereto, such amendment shall not be passed except by a twa- thirt vote of all members of tho Ciiy. Council including the Mayor. -55- /: ' • •• ARTICLEXXVI LEGAL STATUS PROVISIONS Section 2601. Conflict With Other Laves. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety or the general. welfare,. Whenever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, . or ordinances, the most restrictive, or that imposing the higher standards, shall govern. ;;y , Section 2602. Validity; ': r c Should any section or provisions of this Ordinance be decided by µ_ if ourt to be unconstitutional or invalid, such decisions shall not Y % ` s he validity of the Ordinance as a whole or any part thereof other p . ■; e parts so decided to be unconstitutional or invalid. 4 ten 2608. Effective Date. This Ordinance shall be in full force and effect from and after Its passage and publication as provided by law. Section 2604. Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict herewith ^-. , ��"a repealed, and declared to be of no effect. - 56 -