A.

Rules of construction. For the purpose of these regulations, the following rules of construction shall apply:

1.

Words, phrases, and terms defined herein shall be given the defined meaning.

2.

Words, phrases and terms not defined herein but in the Building Code of the City shall be construed as defined in such code.

3.

Words, phrases, and terms neither defined herein nor in the Building Code, shall be given their usual and customary meaning except where the context clearly indicates a different meaning.

4.

In case of any difference of meaning or implication between the text and any heading, drawing, table or figure, the text shall control.

5.

The particular shall control the general.

6.

The word "shall" is always mandatory and not discretionary. The word "may" is permissive and not mandatory.

7.

Words used in the present tense include the future tense, and words used in the future tense include the present tense.

8.

Words used in the singular include the plural, and words used in the plural include the singular.

9.

The words "building" and "structure" are synonymous, and include, any part thereof.

10.

The word "person" includes individuals, firms, corporations, associations, and any other similar entities.

11.

The words "lot, "parcel," "site," "tract," or other unit of ownership are synonymous and may be used interchangeably.

12.

The word "used" shall include arranged, designed constructed, altered, converted, rented, leased, or intended to be used.

13.

All public officials, bodies, and agencies to which reference is made are those of the City of Johnson, unless otherwise indicated.

14.

Whenever reference is made to a resolution, ordinance, statute, regulation or document, it shall be construed as a reference to the most recent edition of such resolution, ordinance, statute, regulation, or document, unless otherwise expressly stated.

15.

Whenever a provision appears requiring the head of a department or another, officer or employee to perform an act or duty, that provision shall be construed as authorizing the department head or officer or employee to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.

16.

Unless the context clearly suggests the contrary, the conjunction "and" indicates that all connected items, conditions, provisions or events shall apply, and the conjunction "or" indicates that one (1) or more of the connected items, conditions, provisions or events shall apply.

B.

Definitions of terms and uses. This section contains definitions of general terms used throughout the text. It also contains definitions for the land uses identified in the text. The use definitions are intended to be mutually exclusive, which means that uses that are specifically defined shall not also be considered a part of a more general definition of that use. The use of "retail/service," for example, does not include the more specific use "convenience store."

Access easement means a right-of-way or parcel of land specified or set aside as the way or means by which a piece of property is approached, entered or egressed, given by the owner of land to another party.

Accessory buildings and uses means a subordinate building or a portion of the principal building, the use of which is customarily incidental to that of the dominant use of the principal building or land. An accessory use is one (1) that is customarily incidental, appropriate and subordinate to the principal use of land and buildings. Accessory buildings and uses are located on the same lot and in the same zoning district as the principal use.

Accessory dwelling unit means a separate dwelling unit either attached or detached from a structure.

Acreage means any tract or parcel of land which has not been subdivided and platted and or a measurement of land area.

Adult entertainment means any adult cabaret, adult theater, adult bookstore, adult massage establishment, model studio, or sexual encounter or meditation center which depicts or describes matters or activities relating to specified sexual activities or specified anatomical areas.

Agricultural husbandry means any form of agriculture including the raising of crops, horticulture, animal husbandry and poultry husbandry, yet excluding commercial feedlots. Provided that not more than one (1) horse, one (1) mule, one (1) cow, one (1) steer, or five (5) sheep shall be kept for each half (½) acre of land.

Agriculture, animal means the use of any land for the purpose of raising livestock as allowed by code, with the exception of pigs.

Agriculture, crop means the use of any land for the purpose of growing plants, crops, trees and other agricultural or forestry products.

Agriculture, product sales means the retail sale of agricultural products produced on the same site.

Alley means a narrow public way, a minimum of twenty (20) feet in width, which affords a secondary means of access to abutting properties, and not intended for general traffic circulation. Alleys shall be paved a minimum of twelve (12) feet. Fire Code requirements may dictate larger widths.

Animal care, domestic or household means a use providing for the care of normal household family pets, limited to dogs, cats, and birds. Not to exceed four (4) animals of like kind, more than four (4) months old. No boarding of animals is allowed. This use shall be permitted by right in all residential zones.

Animal care, general means a use providing for a public or private facility including outside runs for animal care, veterinary services or boarding of animals for short periods of time, where five (5) or more animals, more than four (4) months of age are kept.

Animal care, limited means a use providing small animal (household pet) boarding or veterinary services, with no outside runs. Used for the diagnosis and treatment of pets and other animals including but not limited to dog, cats, birds and horses. All boarding of animals takes place in an enclosed structure and is incidental to clinic or hospital use.

Animal training means any facility where animals are trained for consideration.

Apartment means a room or suite of rooms within a building with separate cooking, bathing, and sleeping facilities and intended as a single dwelling unit. Structures containing three (3) or more dwelling units are considered apartments.

Area means the amount of land surface in a lot or parcel of land.

Art gallery, museum means a building serving as a repository for a collection of natural, scientific or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include the sale of goods and meeting facilities as accessory uses.

Asphalt or concrete plant means an establishment engaged in the manufacture, mixing, batching or recycling of asphalt, asphaltic cement, cement or concrete products.

Assembly, ceremony, and weddings means any form of assembly of people within this zone for a planned activity or a special event organized by a person, corporation, or organization on public, private, commercial or recreational land uses.

Auditorium or stadium means an open, partially enclosed or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings.

Auto wrecking or salvage yard means a lot, land or structure, or part thereof, used primarily for the collecting, dismantling, storage and salvaging of machinery or vehicles that are not in operating condition, or for the sale of parts there from, or for the collecting, storage, and salvage of waste paper, scrap metal, or other discard material.

Bakery, pastry shops means an establishment primarily engaged in the retail sale of baked or pastry products for consumption off-site. The products may be prepared either on- or off-site.

Bank or financial institution means establishments engaged in deposit banking, typically commercial banks, savings and loans, and credit unions.

Bars means an establishment, the primary activity of which is the sale and consumption on the premises of beer, wine, or other liquors, and where food service is secondary to the sale of beer, wine or other liquors.

Bars providing area for dancing means an establishment, the primary activity of which is the sale and consumption on the premises of beer, wine, or other liquors, and where food service is secondary to the sale of beer, wine or other liquors that also allow dancing areas.

Basement means a story partly, or wholly underground. Where more than one-half (½) of its height is above the average level of the adjoining ground, a basement shall be counted as a story for purpose of height measurement.

Bed and breakfast means the use of an owner-occupied or manager-occupied residential structure to provide temporary lodging, or lodging and meals, with no more than twelve (12) guest rooms.

Billboard refers to Ordinance No. 2017-12 and any and all ordinances related to said ordinance.

Building means any structure including a roof supported by walls, designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property and forming a construction that is safe and stable.

Building area means the buildable area of a lot is the total area of the lot minus all required setbacks, easements, and open space as may be required by this chapter.

Building coverage means the land area covered by all buildings on a lot excluding eaves.

Building height means the vertical distance measured from the average elevation of the finished lot grade at the front of the building to the highest point of the structure, exclusive of chimneys, ventilators, or other extension above the roof line.

Building lines means the lines that are parallel to the front, side, or rear lot lines of a lot at a distance equal to the minimum setback requirements, and beyond which the vertical wall of a building or structure shall not be located closer to said lot lines.

Building material establishments means a retail establishment selling hardware, lumber and other large building materials, plant materials, and other landscaping materials. Including, but not limited to, paint, wallpaper, glass, and fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales.

Building, principal means a building in which is conducted the principal use of the plot on which it is situated. In any residential district, any structure containing a dwelling unit shall be deemed to be the principal building on the plot on which the same is situated.

Carport means space for the housing or storage of motor vehicles and enclosed on not more than two (2) sides by walls.

Cemetery means land used, or intended to be used, for burial of the dead, whether human or animal including a mausoleum, columbarium or cinerarium.

Certificate of occupancy means permission to occupy a building and/or property.

Church means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, including day cares, is maintained and controlled by a religious body organized to sustain public worship.

Club or lodge means an association of persons for the promotion of some nonprofit common purpose, such as charity, literature, science, politics, fellowship, etc., meeting periodically, and limited to members.

Cluster housing developments means a housing development which represents a grouping of three (3) or more detached units on one (1) lot that are typically placed in closer proximity than usual with the purpose of retaining an open space area.

Coffee shop means an establishment utilized for cafes, cafeteria, or sandwich shop where food and nonalcoholic drinks are served. In the case where a coffee shop serves alcohol they have to obtain a permit to sell alcohol.

College or university means an institution of higher education offering undergraduate or graduate degrees.

Community garden means publicly or privately owned land used for the cultivation of fruits, vegetables, plants, herbs and/or flowers by multiple users, where the primary purpose is for education and/or to serve as a local food source or recreation for individuals without access to a home garden.

Comprehensive plan means the City of Johnson current future land use plan.

Construction sales and service means an establishment engaged in the retail or wholesale sale of materials used in the construction of buildings or other structures, as well as the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses include lumberyards, home improvement centers, lawn and garden supply stores, electrical, plumbing, air conditioning and heating supply stores, swimming pool sales, and construction and trade contractor storage yards.

Convenience store means an establishment not-exceeding three thousand five hundred (3,500) square feet of gross, floor area, serving a limited market area, and engaged in the retail sale of food, beverages, gasoline and other frequently or recurrently needed merchandise for household or automotive use, and which may specifically include a car wash as an accessory use.

Country club means a chartered, nonprofit membership club catering primarily to its membership, providing one (1) or more of the following social and recreational activities: golf; tennis, swimming, riding, or outdoor recreation. Such clubs typically include dining facilities, clubhouses, locker rooms, and pro shops.

Court means an open unoccupied space, other than a yard, on the same lot with a building and bounded on two (2) or more sides by such building.

Cul-de-sac means a local street with only one (1) outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.

Cul-de-sac lot means a lot that fronts onto the terminal of a cul-de-sac street.

Dance halls means an establishment in which the main purpose is the utilization of space for dancing and where music will be played within the premises.

Day care, general (day care center) means a commercial establishment where adult day care services are provided, or where child day care services are provided for more than eight (8) children; with both such services to be provided pursuant to State laws and fire codes, and in accordance with, and licensed by appropriate State agencies.

Day care, limited (day care family home) means a home where day care services are provided to a maximum of eight (8) children, with a maximum of two (2) adults in attendance. The operator shall reside in the structure, and the facility must conform to all codes and regulations, both State and local, applicable thereto, with the most restrictive regulations prevailing. The babysitting of not more than four (4) children shall not be subject to provisions of these regulations.

Detached structure means a structure having no party or common wall with another structure except an accessory structure.

Development means the act of changing the state of a tract of land after its function has been purposefully changed by man, including, but not limited to, structures on the land and alterations to the land.

Development or site plat means a dimensioned presentation of the proposed development of a specified parcel of land that reflects thereon the location of buildings, easements, parking arrangements, public access, and other similar and pertinent features.

District, zoning means any portion or section of the City, within which uniform zoning regulations apply.

Drive-in establishments means a facility where services or products are delivered to persons in vehicles by means of a drive-up window or carhop.

Dwelling means a building or portion thereof which is designed or used as living quarters for one (1) or more families; but not including motels, boardinghouses, tourist homes, convalescent homes, travel trailers, mobile homes, or manufactured housing.

Dwelling, attached means a dwelling that is joined to another dwelling at one (1) or more sides by a wall or walls.

Dwelling, detached means a dwelling that is entirely surrounded by open space on the same lot.

Dwelling, multi-family means a dwelling designed for or occupied by three (3) or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels, or motels.

Dwelling, single-family means a dwelling designed for or occupied by one (1) family only, and being on a permanent foundation.

Dwelling, two-family (duplex) means a dwelling designed for or occupied by not more than two (2) families living independently of each other.

Dwelling, zero lot line means a single detached dwelling unit that is constructed on a side property line of said lot, such that the wall located on the side property line should be "blank" with no openings of any type allowed.

Dwelling unit means a room or group of rooms located within a dwelling and forming a single habitable unit with facilities for living, sanitation, sleeping, and cooking.

Efficiency unit means a dwelling unit that contains living, sanitation, sleeping, and cooking facilities, but not a separate bedroom for sleeping, for not more than two (2) adults.

Emergency housing unit means a manufactured housing unit or residential-design manufactured housing unit that is located on the same lot as a principal single-family dwelling to be used solely for the purpose of providing temporary accommodations for a family member in need of daily assistance due to health reasons. Such, reasons shall be certified by a licensed physician.

Family means one (1) or more persons related by blood, marriage or adoption, or a group of not more than five (5) unrelated persons living together and subsisting in common as a single, nonprofit housekeeping unit utilizing only one (1) kitchen. A family may include domestic servants employed by said family.

Farm means a parcel of land used for the growing or raising of agricultural products including related structures thereon.

Fence means a barrier constructed to provide privacy or visual separation between one (1) ownership and another.

Floodplain regulations means provisions of the City of Johnson Flood Damage Prevention Code.

Floor area means the sum of the gross horizontal areas of all of the floors of a principal building or buildings, excluding garages and covered parking areas, measured from the exterior faces of exterior walls or from the centerline of walls separating two (2) buildings.

Food specialty stores means an establishment that includes the sale of delicatessen and convenience and specialty foods. This use does not include other uses in this article that are specifically listed.

Freight terminal means a building or area in which freight, brought by motor trucks or rail, is assembled and/or stored for routing in intrastate or interstate shipment by motor truck or rail.

Frontage means that edge of a lot bordering a street.

Garage, private means an accessory building or a part of a main building used for storage purposes only for automobiles, vans, pick-up trucks and the like, used solely by the occupants and their guests of the building to which it is accessory.

General merchandise means a retail store for the sale of general merchandise or food. Typical general merchandise includes clothing and other apparel, equipment for hobbies and sports, gifts, flowers and household plants, dry goods, toys, furniture, antiques, books and stationery, pets, auto parts and accessories, and similar consumer goods.

Golf course means a facility providing private or public golf recreation services and support facilities such as gift shops, club house and associated activities, food and beverage services, parking, and other similar uses. Excludes miniature golf facilities.

Government services means buildings or facilities owned or operated by government entities and providing services for the public, excluding utilities and recreational services. Typical uses include administrative offices of government agencies and utility billing offices.

Greenhouse or nursery means an establishment primarily engaged in the raising and retail sale of horticultural specialties such as flowers, shrubs, and trees intended for ornamental or landscaping purposes.

Group residential means the use of a site for occupancy by groups of more than five (5) persons not defined as a family. Typical uses include residence halls and boarding or lodging houses.

Hardware store means any building, room, enclosure, premises, place or establishment, operated, maintained or conducted for the sale or offering for sale at retail of any of the following articles: hardware; tinware; household appliances; aluminum ware; enamelware; jewelry; cutlery tools; implements; apparatus; machinery; plumbing, engineers, janitors, blacksmiths, contractors, or electrical supplies; gas, plumbing, or electrical fixtures; other articles or wares made largely of metals; kerosene; and loaded shot shells or cartridges where not more than twenty-five thousand (25,000) are kept on hand at one (1) time.

Hazardous waste means any solid, liquid, semisolid, or gaseous waste, whether alone or in combination, whether used, reused or reclaimed, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality, or an increase in serious irreversible, or incapacitating reversible, illness, or which may pose a substantial present or potential hazard to human health or the environment.

Home occupation means any occupation or profession carried on by the inhabitants which is clearly incidental and secondary to the use of the dwelling for dwelling purposes which does not change the character thereof which is conducted entirely within the main building, and which meets all other applicable standards and use limitations as described herein.

Hospital means an institution providing health services primarily for human inpatient or medical or surgical care for the sick or injured, and including related facilities such as laboratories, outpatient departments, training and research facilities, central service facilities, pharmacies, and staff offices which are an integral part of the facilities.

Hotel or motel means an establishment where overnight accommodations are supplied for transient guests. Typical accessory uses include dining, swimming, and meeting facilities.

Industry general means the establishment of this use allows areas for manufacturing and industrial activities which may give rise to substantial environmental nuisances which are objectionable to residential and business use.

Industry, custom means an establishment utilizing space for on-site production of individually crafted goods using hand tools or mechanical equipment typical of the type or specifications found in a home shop or not creating noise, dust, fumes, visual impacts or electrical or water use in excess of home shop or hobby equipment and may include incidental on-site sales of those goods to retail consumers. Typical uses include ceramic studios, candle-making shops, custom jewelry manufacturing and woodworking shops, or light assembly of components manufactured off-premises.

Industry, limited means a facility and surrounding yard designed to provide an area for wholesaling, storage, packaging, display, distribution, and those retail uses accessory to the operations and for light manufacturing, assembling and fabrication without creating a nuisance of odor, noise, dust, vibrations, etc.

Industry, research and development means a building or part of a building devoted to the testing of any product or animal (including humans) for the purposes of providing written research reports on the results and utilizing those results to produce a new or improved product, medicine, or to better determine how animals function. No manufacturing is conducted on premises except for experimental or testing purposes.

Kennel means the use of land or buildings for the purpose of selling, breeding, boarding, or training dogs or cats or both, or the keeping of more than five (5) dogs and cats. The word "selling" as herein used shall not be construed to include the sale of animals four (4) months of age or younger which are the natural increase of animals kept by persons not operating a kennel as herein defined; nor shall selling be determined to include isolated sales of animals over four (4) months old by persons not operating a kennel as herein described.

Library means a publicly operated facility housing a collection of books, magazines, audio and video tape, or other material for borrowing and use by the general public.

Liquor stores means a retail establishment with the primary purpose of selling liquor, beer, light wine and spirits for off-site consumption.

Livestock services means an enclosure or structure designed or used for providing livestock services.

Loading space means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. Loading space shall not be located within, public rights-of-way.

Loft apartment means one (1) or more dwelling units located on the upper floor(s) of a building utilized principally for commercial or office purposes.

Lot means land occupied or intended for occupancy by a use permitted in these regulations, including one (1) main "building together with its accessory building, and the open spaces and parking spaces required herein, and having its principal frontage upon a street.

Lot, area means the total horizontal area of a lot lying within the lot lines.

Lot, corner means a lot abutting two (2) or more streets at their intersection.

Lot, double frontage means a lot that is an interior lot extending from one (1) street to another and abutting a-street on two (2) ends.

Lot, interior means any lot which is not a corner lot.

Lot lines means the boundary lines of a lot.

Lot line, front means in the case of an interior lot, the line separating said lot from that street which is designed as the front street in the request for a building permit.

Lot line, rear means the lot boundary opposite and most distant from the front lot line.

Lot line, side means any lot line other than a front or rear lot line as defined herein.

Lot of record means a lot that is a part of a subdivision, the plat of which has been recorded in the office of the Washington County Circuit Clerk.

Lot width means the width of a lot measured at the front building setback line.

Lot, zero lot line means a lot allowing a single detached unit and any accompanying accessory unit that is constructed on a side property line of said lot, such that the wall located on the side property line should be blank with no openings of any type allowed.

Manufactured home park means a parcel of land which has been designed or improved or is intended to be utilized for occupancy by one (1) or more manufactured homes and which conforms to the provisions of this chapter.

Manufactured housing unit means a detached single-family housing unit fabricated in an off-site manufacturing facility for installation or assembly at the building site as a permanent structure attached to a permanent foundation with transport features removed bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code. For purposes of these regulations, the term "manufactured housing unit," when used by itself shall not mean the same as a "residential-design manufactured housing unit."

Manufactured housing unit, residential-design means a manufactured housing unit which has a minimum width of twenty-four (24) feet with width measured perpendicular to the longest axis at the narrowest part, a pitched roof and siding and roofing materials which are customarily used on site-built homes, and which complies with all of the standards specific herein.

Manufactured housing park means a tract of land in one (1) ownership that is used or intended to be used by two (2) or more manufactured housing units and which has public sanitary sewer facilities, public water, electricity, and other utilities available.

Manufacturing, general means an establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding "basic industry."

Meat market means a food establishment intended for the sale of meat products. Meat markets shall not include to mean or be constructed to mean wholesale establishments for manufacturing, processing, or storing food, drink, or confections.

Medical service means an establishment providing therapeutic, preventative, or corrective personal treatment services on an out-patient basis by physicians, dentists, and other licensed practitioners, as well as the provision of medical testing and analysis services.

Microbrewery, micro-winery, micro-distillery means as defined by the Division of Alcoholic Beverage Control of the State of Arkansas and defined generally as any establishment in which beer, malt, and hard cider are brewed and sold at retail in a restaurant setting under the same ownership in the same building or attached buildings. Maximum gross floor area of 10,000 square feet for the manufacturing portion of the facility and production of less than 15,000 barrels per year.

Mining means the extraction of dirt, clay, sand, or gravel through an open cut surface mining process, as regulated by ADEQ (In Regulation 15 of the APCEC and Act 827 of 1991, as amended). This does not include stone quarrying operations as defined and regulated by ADEQ in The Arkansas Quarry Operation, Reclamation, and Safe Closure Act (Act 1166 of 1997).

Mobile home means a transportable, factory-built housing unit, fabricated prior to June 15, 1976, the effective date for the Federal Mobile Home Construction and Safety Act of 1974.

Multi-family means a building or structure designed to house several different families in separate housing units. In this Code townhomes are categorized separately.

Nano-brewery means as defined by the Division of Alcoholic Beverage Control of the State of Arkansas and defined generally as any establishment in which beer, malt, and hard cider are brewed and sold at retail in a restaurant setting under the same ownership in the same building or attached buildings. Production of up to three thousand (3,000) barrels per year.

Night club, not providing dancing or outdoor music means an establishment, with more than two thousand (2,000) square feet of the building for the primary activity of which is providing indoor dancing and music regulated with noise levels set by the City Code.

Nonconforming structure means a structure, or portion thereof lawfully existing at the time these regulations became effective, or as amended, which does not comply with the setback, height, or other development standards applicable in the district in which the structure is located.

Nonconforming use means any structure or land lawfully occupied by a use at the time these regulations or any amendment thereto, became effective, which does not conform to the use or area regulations of the district within which it is located.

Nursing home means any premises where more than three (3) persons are housed and furnished with meals and continuing nursing services.

Office equipment and supplies means an establishment that provides services and sells supplies for offices.

Office, general means an establishment providing executive, management, administrative or professional services, but not involving medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting and similar offices.

Open space, common means the area of land that is designed to be accessible for the use and enjoyment of all owners and/or tenants of a development. Common open space shall be dedicated and maintained by a Property Owners Association unless other arrangements satisfactory to the Planning Commission have been made. This space may contain complementary, structures, recreational areas and other such improvements, but shall not include parking lots or streets.

Open space, private means an area of land owned or occupied by a property owner or tenant and available for their private use and enjoyment.

Open space, public means an area of land that is designated to be deeded to the City for the use and enjoyment of the public.

Owner means the property owner of record according to the office of the Washington County Circuit Clerk.

Parking lot means a paved off-street facility including parking spaces and drives and aisles for maneuvering and providing access for entrance and exit developed in a way to accommodate the parking of automobiles.

Parking, commercial means a paved area for off-street parking of operable motor vehicles on a temporary basis other than as accessory parking to a principal use.

Parks public means a park that owned and maintained by the City of Johnson for the benefit and use of the citizens of Johnson. This would include small neighborhood parks and larger community parks. Neighborhood parks may include playing fields, playgrounds, shelters and restrooms to accommodate active recreation. Parking is typically provided. Community parks may provide both active and passive recreational facilities including tennis courts, ball fields, pools, basketball courts, soccer fields, picnic areas, trails, restroom facilities and volleyball courts. Parking is provided.

Pedestrian way means a separate right-of-way dedicated to or reserved for public use by pedestrians which crosses blocks or other tracts of land to facilitate pedestrian access to adjacent streets and properties.

Personal services means establishments providing nonmedical services to individuals as a primary use. Examples of these uses include barber and beauty shops, dry cleaning pick-up stores with limited equipment, laundromats (self-service laundries), locksmiths, pet grooming and/or daycare with no overnight boarding, tailors, tanning salons, day spas, and tattoo studio.

Pharmacies and medical supplies means an establishment substantially devoted to the compounding and/or sale of prescription medicines and drugs, supplies, and equipment. This definition does not include medical marijuana dispensaries or medical marijuana cultivation facilities, which are defined separately and consistent with § 8 of Amendment 98 of the Arkansas Constitution.

Porch means a roofed projection out from the wall or walls of a building and commonly open to the weather in part.

Principal building means the building on a lot in which the principal use of the lot is conducted.

Principal use means the chief or main recognized use of a structure or of land.

Private club or lodge means an organization of persons for special purposes for the promulgation of sports, arts, sciences, literature, politics or the like, but not operated for profit.

Professional office means an office facility occupied by a business engaged in information processing, providing professional services, or engaged in the production of intellectual property.

Quarrying means stone quarrying operations; removal of stone or rock for the intention of sale. Ancillary activities related to quarrying such as crushing, stockpiling for sale, and other similar activities are also prohibited within the City limits. Blasting and removal of stone to accommodate an approved development plan is allowed; however, only removal of materials necessary for the specific approved development will be allowed.

Record drawing means a document showing how a particular building and/or site have been constructed. Information should include, but not limited to, the location of all buildings, parking spaces, water lines, valves, fire hydrants, meters, sewer mains, manholes, storm drainage lines, setbacks, and easements.

Recreation and entertainment, indoor means an establishment offering recreation, entertainment or games of skill to the general public for a fee or charge, and that is wholly enclose in a building. Typical uses include bowling alleys, indoor theaters, pool halls and video game arcades.

Recreation and entertainment, outdoor means an establishment offering recreation, entertainment or games of skill to the general public for a fee or charge, wherein any portion of the activity takes place in the open. Typical uses include, archery ranges, batting cages, golf driving ranges, miniature golf courses, horseback riding training, and golf courses.

Recreational vehicle park means the use of a site providing individual spaces for towed or self-propelled camping vehicles on a daily fee or short-term rental basis.

Research service means an establishment engaged in conducting basic and applied research, including production of prototype products when limited to the minimum scale necessary for full investigation of the merits of a product, excluding production of products used primarily or customarily for sale or for use in nonprototype production operations.

Restaurants, drive-in means any restaurant whose primary business is serving meals, sandwiches, ice cream, beverages or other food directly to patrons in automobiles or other vehicles parked on the premises for on-site consumption.

Restaurants, drive-through means a restaurant that provides a driveway approach and window for taking and/or delivering orders to patrons while in their motor vehicle, rather than within the building or structure, for off-site consumption.

Restaurant, fast-food means an establishment where the principal business is the sale of food and nonalcoholic beverages in ready-to-consume state, and where the design or principal method of operation is that of a fast-food or drive-in-style restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally served in disposable wrapping or containers, and where food and beverages may be served directly to the customer in an automobile.

Restaurant, general means an establishment, other than "fast-food restaurant," where the principal business is the sale of food and beverages in a ready-to-consume state, where there is no service to a customer in an automobile, and where the design or principal method of operation consists of one (1) or more of the following: (1) a sit-down restaurant where customers, normally, provided with an individual menu, are generally served food and beverages, in nondisposable containers by a restaurant employee at the same table or counter at which the food and beverage items are consumed; or (2) a cafeteria or cafeteria-type operation where food and beverages generally are served in nondisposable containers and consumed within the restaurant.

Restaurants providing area for dancing means an establishment in which food or beverages are cooked or prepared and offered for sale and where consumption is allowed on the premises and the area provides space for dancing.

Retail/service means the sale or rental of commonly-used goods and merchandise for personal or household use or the provision of services to consumers, excluding those retail and service uses classified more specifically herein. Typical uses include grocery stores, department stores, furniture stores, clothing stores and establishments providing the following products or services: household electronic equipment, sporting, goods, bicycles, office supplies, home furnishings, electronics repair, shoe repair, household appliances, wallpaper, carpeting and floor-covering, art supplies, kitchen utensils, jewelry, drugs, laundromats, dry cleaners, cosmetics, books, antiques, or automotive parts and accessories.

Retail/service, high impact means the sale or rental of commonly used goods and merchandise for personal or household use or the provision of services to consumers. These facilities are typically designed to serve a broader market of the entire community as a whole and may draw shoppers from outside the community. Commonly known as "Big Box" retailer, examples would include, but not limited to Wal-mart, Home Depot, and Target.

Row house means the same as townhouse or row house definition.

Safety services means a facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.

Satellite television receiving dishes, ground mounted means a device commonly parabolic in shape, mounted at a fixed point on the ground for the purpose of capturing television signal transmitted via satellite communications facilities and serving the same or similar function as the common television antenna. Said devices are herein defined as accessory structures.

School, elementary, middle, or high means the use of a site, for instructional purposes on a primary or secondary level.

Service station means an establishment primarily engaged in the retail sale of gasoline or other motor fuels that may include accessory activities, such as the sale of lubricants, automotive accessories, or supplies, the lubrication or washing of motor vehicles, or the minor adjustment or minor repair of motor vehicles.

Setback means distance between the lot line or planned right-of-way line and the building line upon which no building may be erected. For the purposes of this chapter, the planned right-of-way shall be as stipulated on the City of Johnson's Master Street Plan. To determine the setback, the planned right-of-way shall be used unless the existing right-of-way is greater than the planned right-of-way, in which case the existing right-of-way shall be used.

Setback, front means an area extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street right-of-way line and the required front setback width. Some projections into the setback are allowed by Code. On corner lots the front yard shall be considered as parallel to both streets upon which the lot has its least dimension.

Setback, rear means an area extending across the rear of the lot between the side lot lines, and measured between the rear lot line inwards to the lot. Some projections into the setback are allowed by code.

Setback, side means an area between the main building and the side lot line, and extending from the front lot line to the rear lot line, and being measured between the side lot lines inward to the lot. Some projections into the setback are allowed by code.

Short term rental means residential dwelling unit that is intended to function as an overnight accommodation to provide a single stay up to twenty-nine (29) days or less per rental. The individual dwelling unit is typically fully furnished and self-contained.

Sign refers to Ordinance No. 2017-12 and any and all ordinances related to said ordinance.

Story means the horizontal segment of a building between the floor surface and the ceiling next above it and wholly above grade.

Street line means the right-of-way line of a street.

Street means any public or private thoroughfare which affords the principal means of access to abutting property.

Structure means anything constructed or erected the use of which requires a fixed location on the ground/or attached to something having a fixed location on the ground.

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

Tavern, not providing dancing or outdoor music means an establishment, the primary activity of which is the sale and consumption on the premises of beer, wine, or other liquors, and where food service is secondary to the sale of beer, wine, or other liquors. Does not include micro-breweries where patrons are served beer produced on the premises for on-site consumption, which are separately regulated.

Taverns providing area for dancing means an establishment, the primary activity of which is the sale and consumption on the premises of beer, wine or other liquors, and where food service is secondary to the sale of beer, wine or other liquors. This use allows for areas providing for dancing.

Theater (legitimate) means establishments providing indoor recreational activities for a fee or admission charge.

Townhouse or row house means two (2) or more single or multi-story dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and owned by one (1) family.

Transportation trade services means facilities providing surface transportation for the general public. These may or may not be publicly owned. Uses include, but are not limited to: bus station, truck, bus, train terminals, and taxicab stand or dispatching station.

Use means any functional, social, or technological activity, which is imposed or applied to land or to structures on the land.

Utility, major means generating plants, electrical switching facilities and primary substations; water and wastewater treatment plants; water tanks; and radio, television and microwave transmission towers and similar facilities of agencies that are under public franchise or ownership to provide the general public with electricity, gas, heat, communication, rail transportation, water, sewage collection or other similar service. The term "utility" shall not be construed to include corporate or general offices; gas or oil processing; manufacturing facilities; postal facilities; or other uses defined herein.

Utility, minor means services and facilities of agencies that are under public franchise or ownership to provide services that are essential to support development and that involve only minor structures, such as poles and lines.

Variance means a modification of the regulations applicable to subdivisions or large scale development by the Planning Commission when due to special conditions, a literal enforcement of the provisions thereof would result in unnecessary hardship to the property owner, provided that the spirit of the Code shall be preserved and substantial justice done.

Vehicle and equipment sales means an establishment engaged in the retail sale or rental, from the premises, of motorized vehicles, along with incidental service or maintenance. Typical uses include automobile and truck sales, automobile rental, boat sales, and motorcycle sales.

Vehicle repair, paint and body means an establishment primarily engaged in painting of, or bodywork to motor vehicles or heavy equipment. Typical uses include paint and body shops.

Vehicle repair, general means an establishment primarily engaged in automotive repair other than paint and body shops.

Vocational school means a use providing education or training in business, commercial trades, language, arts, or other similar activity or occupational pursuit, and not otherwise defined as a "college or university" or "primary or secondary school."

Waiver means a dispensing with a requirement for the performance of any provision applicable to subdivision or large scale development upon request to the Planning Commission with adequate grounds for such relief.

Warehouse, residential storage (mini-warehouse) means an enclosed storage facility containing independent, separate units or cubicles that are intended to be leased to persons exclusively for dead storage of their household goods or personal property. The active utilization of any storage space or cubicle within such a storage area for a retail or wholesale business operation is expressly prohibited.

Warehousing means the storage of materials, equipment, or products within a building for manufacturing use or for distribution to wholesalers or retailers, as well as activities involving significant movement and storage of products or equipment. Typical uses include truck terminal, major mail distribution centers, frozen food lockers, motor, freight terminals, and moving and storage firms, but excluding residential, storage warehouses.

Welding or machine shop means a workshop where machines, machine parts or other metal products are fabricated. Typical uses include machine, welding, and sheet metal shops.

Wildlife preserves means an area set aside for the preservation of natural vegetation or wildlife where the public may view the vegetation or wildlife with or without charge.

Winery is a facility specifically designed, at a minimum, for one (1) or more of the following: crushing, fermentation, and barrel aging of wine. A winery may include any of the following: a tasting room, barrel rooms, bottling rooms, tank rooms, laboratories, and offices.

Yard means an open space on the same lot with a building, unobstructed from the ground upward, and measured as the minimum horizontal distance between the lot line and the main building.

Zoning lot means a parcel of land that is designated by its owner or authorized agent as a tract all of which is to be used, developed, or built upon as a unit under a single ownership. A zoning lot may consist of any standard lot or a combination of lot and any legally recorded portion of a lot that existed prior to the passage of this chapter. When determining the front, rear, and side yard setbacks for a zoning lot, the required distance shall he measured from the exterior boundaries of said zoning lot.

(Ord. No. 2007-13, Sec. 2.; Ord. No. 2019-17, 8-13-2019; Ord. No. 2020-03, 2-11-2020; Ord. No. 2024-07, § 1(Exh. A), 8-13-2024)