An accessory building is 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 which is customarily incidental, appropriate and subordinate to the principal use of land and buildings, and located upon the same lot therewith. Subject to limitations herein, accessory buildings and uses are permitted in all zones.

(Zoning Ord., § 14.28.01)

(a)

Accessory building. An accessory building shall:

(1)

Not be located within a required street, front or street side setback;

(2)

Be subject to the side setback standards of the underlying zoning district; shall be set back at least seven and one-half feet from a rear lot line;

(3)

Not be located within any public easement or over any known utilities or septic system lines;

(4)

Not occupy more than ten percent of the lot area or more of the lot than is covered by the principal use, whichever results in less lot coverage; and

(5)

Not exceed the floor area of the principal use.

Unless otherwise provided herein, and provided site visibility is not obstructed, signs, fences and walls shall be allowed within setbacks.

(b)

Attached accessory buildings. An accessory building attached to a main building shall be made structurally a part and have a common wall with the main building, and shall comply in all respects with the requirements applicable to the principal building. Provided detached, opensided carports may be located in the side yard, no closer to the front lot line than the front building line of the principal building, and provided required side setbacks are met. Unless attached to the principal structure, accessory buildings shall be located at least ten feet from any other structure.

(c)

Height limitations. With regard to height limitations, accessory structures in residential districts shall not exceed 35 feet in height or the height of the principal structure on the lot and in commercial and industrial districts, such structures shall not exceed 25 feet in height or the height of the principal structure on the lot.

(d)

Accessory uses. Accessory uses permitted subject to the provisions of this chapter and as follows:

(1)

RS-1 through RS-2 single-family dwellings only. Accessory dwelling structures are permitted, but may not exceed 25 percent of the heated square footage of the primary residence, maximum 1500 square feet. Accessory buildings, storage, and miscellaneous buildings, are permitted, but shall not exceed 50 percent of the total area of the principle structure. Any accessory buildings shall be similar in architectural style and appearance to the primary dwelling and must be placed in the rear yard only. Any structure exceeding 1,500 square feet must be reviewed by MAPC as a conditional use application.

(2)

RS-3 through RS-5 single-family dwellings only. Accessory dwelling structures are permitted only as a conditional use. Accessory buildings are permitted in the rear yard only, storage and miscellaneous buildings, but shall not exceed 600 square feet. Any accessory buildings shall be similar in architectural style and appearance to the primary dwelling and must be placed in the rear yard only.

(3)

RS-6 through RS-8 single-family dwellings only. Accessory dwelling structures are permitted only by conditional application to the MAPC. Accessory buildings, storage and miscellaneous buildings, are permitted, but shall not exceed 50 percent of the total area of the principal structure. Any accessory building shall be similar in architectural style and appearance to the primary dwelling and must be placed in the rear yard only.

(4)

RS-1 through RS-8 occupants. In-home occupations are permitted in compliance with section 117-226(2). The approval shall only be granted to the occupant at the permission of the owner of the property. Applications shall include a description of the proposed in-home occupation including considerations of noise, traffic, odor, drainage, visual appearance, light, vibration, and the proposed hours of use or operation. A site development plan shall only be required if there is not ample space in the existing driveway and/or parking area to provide a minimum of four off-street parking spaces.

(Zoning Ord., § 14.28.02; Ord. No. 07:45, 2-6-2007; Ord. No. 19:065, § 1, 12-17-2019)

Residential accessory uses shall include, the following accessory uses, activities, facilities and structures: accessory dwelling units subject to limitations outlined in subsection (1) of this section; fences and walls, garages, carports and off-street parking and loading areas, gardens, gates and guard houses, home occupations subject to limitations and requirements of subsection (2) of this section, playhouses, patios, cabanas, porches, gazebos and household storage buildings; radio and television receiving antennas, recreational and play facilities for residents, storm and fallout shelters and other necessary and customary uses determined to be appropriate, incidental and subordinate to the principal use on the lot.

(1)

Accessory dwelling unit. Accessory dwelling units shall be allowed by right in AG, RR, and R-O districts provided that the dwelling unit is used to house immediate family members or employees who work onsite. Such units may also be allowed, subject to conditional use approval, in other residential districts. Accessory dwelling units shall not be used for general rental purposes.

(2)

Home occupation—Permitted. A home occupation shall be allowed as an accessory use in residential districts subject to compliance with the following requirements, which are intended to balance protection of residential character with enabling residents to work from home:

a.

The home office or business is clearly secondary to the use of the dwelling as a residence and does not change the residential character or appearance of the dwelling or lot in any visible manner; provided, a nameplate sign, as described above shall be permitted.

b.

The work done in the home office or business creates no objectionable odor, noticeable vibration, or offensive noise that increases a level of ambient sound at the property lines.

c.

The home office or business does not involve the external display of goods or services, and does not cause unsightly conditions or waste visible from off the property.

d.

The home office or business does not cause interference with radio or television reception in the vicinity.

e.

Permitted home occupations shall not include the employment of any persons not residing on the premises in the performance of the occupation.

f.

The home office or business sells no articles on the premises which are not produced on the premises.

g.

A home occupation shall be carried on wholly within the principal residential structure. No home occupations shall be allowed in accessory buildings or garages.

h.

The home office or business occupies no more than 25 percent of the total floor area of the residence.

i.

There shall be no external alteration of the dwelling, nor storage of supplies or equipment outside.

j.

Not more than one truck of not more three-fourths-ton capacity, and no semi-trailers, incidental to the home occupation, shall be kept on the premises.

k.

Customers may visit the site only during the hours of 8:00 a.m. to 8:00 p.m., and no more than six customers or clients may visit the site in any single day.

l.

Parking to serve a home occupation shall be provided off-street, and no such parking shall be permitted in a required setback, other than in a driveway. In no event shall yard areas be converted to off-street parking to serve a home occupation.

(3)

Same—Prohibited. Prohibited home occupations include, but as not limited to the following:

a.

Barbershops and beauty shops.

b.

Dispatch centers, where employees come to the site to be dispatched to other locations.

c.

Commercial stables, kennels and animal boarding and care facilities.

d.

Assembly or repair of large appliances.

e.

Repair or assembly of vehicles or equipment with internal combustion engines, or any other work related to motor vehicles and their parts.

(4)

Garage sales. Garage sale means the selling of miscellaneous goods such as, but not limited to, clothing and house wares on property zoned for residential or agricultural use. Garage sales are also commonly known as rummage sales, yard sales, and carport sales, such activities may take place inside or outside of a house, garage or carport and are permitted as accessory uses provided they meet the following requirements:

a.

Each such sale shall be registered in writing or by telephone with the code enforcement department. The sale shall be registered during regular business hours at least 48 hours prior to the sale.

b.

Each property address and/or person shall be limited to no more than four such sales per year.

c.

Sales shall not last longer than two consecutive days.

d.

Sales are conducted on the owner's property. Multiple-family sales are permitted if they are held on the property of one of the participants.

e.

No goods purchased for resale may be offered for sale.

f.

No consignment goods may be offered for sale.

g.

Directional and advertising signs, not larger than four square feet, shall be freestanding; that is, they shall not be placed on traffic or official signs, utility poles or trees and shall be removed promptly after completion of the sale.

(Zoning Ord., § 14.28.03; Ord. No. 13:051, § I, 10-3-2013)

Nonresidential accessory uses are allowed only in association with allowed, nonresidential principal uses and shall include, but not be limited to the accessory uses, activities, facilities and structures enumerated in this section. Such uses shall not be permitted if such would cause or increase parking nonconformity for the principal use. Such use may also necessitate additional required parking because of its own nature or character. Accessory uses shall not occupy required parking areas, or off-street parking areas, spaces or isles, approved as part of a site plan.

(1)

Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients or visitors to the principal use;

(2)

Dwelling units, other than mobile homes, when used or intended to be used for security or maintenance personnel;

(3)

Guard houses, gates, fences and walls;

(4)

Offices for allowed business and industrial uses when the office is located on the same site as the principal use;

(5)

Parking garages, and off-street parking and loading facilities;

(6)

Radio and television receiving antennas;

(7)

Restaurants, newsstands, gift shops, swimming pools, tennis courts, club and lounges when in a permitted hotel, motel or office building;

(8)

Sale of goods produced as a part of allowed industrial activities when on the same site as the principal industrial use;

(9)

The storage of merchandise when located within the same building as the principal business;

(10)

On-premises commercial, bulletin, nameplate, and real estate signs, provided such are nonflashing;

(11)

Other necessary and customary uses determined to be appropriate, incidental and subordinate to the principal use on the lot.

(Zoning Ord., § 14.28.04)

(a)

Purpose. It is determined the creation or establishment of a heliport/helipad in certain areas may have the potential of being a public nuisance and may injure the community. Thus, it is in the interest of public health, public safety, and general welfare that the creation or establishment of heliports/helipads of any sort be regulated with minimal standards established by the City of Jonesboro. Such minimal standards will be examined on a case-by-case process through the conditional use permit process pursuant to Chapter 117, as set out in the City of Jonesboro's Code of Ordinances.

(b)

Definitions.

(1)

A "heliport" is a permanent facility where helicopters take off and land. The FAA defines a heliport as any formalized helicopter landing area. Additionally, any helicopter landing area offering fueling, passenger building, and hangar and support services is considered a heliport. The FAA compares this with a bus stop/bus terminal relationship in respect to services.

(2)

A "helipad" describes the actual landing surface of the heliport. The FAA and other international regulators have adopted the term of Touchdown and Lift-off Area (TLOF) as the official term to describe all such areas. (See FAA, Advisory Circular, AC No: 150/5390-2C, or any updates.)

(3)

An "emergency landing zone" is a designated site in which public safety agencies select to evacuate trauma or disaster victims.

(4)

A "helistop" refers to a minimally developed facility for boarding and discharging passengers or cargo.

(c)

Allowable use districts.

(1)

Personal use heliports shall be permitted as an accessory use in the commercial C-1, C-2, C-3, I-1, I-2 zoning districts only when licensed upon approval by the planning/zoning officer subject to full compliance with FAA requirements of construction, operation, and licensing (per Advisory Circular, AC No: 150/5390-2C and any updates). If the heliport/helipad is located within a distance of 1,000 feet of a residential structure, a conditional use application shall be required. Helicopters must not be operated below 500 feet AGL (above ground or highest building, tree, or feature) before it approaches the property of which the landing site or helipad/helistop is located.

(2)

Heliport/helipads that are located or proposed in districts zoned as residential or agricultural shall be permitted by conditional use application and approval by the MAPC, if and only if the property is five or more acres in size. Pad location shall be located at a minimum distance of 1,000 feet of any existing residential structure.

(3)

Permits for establishing and maintaining sites shall be issued to the owner or lessee of a site by the planning/zoning officer. All heliports/helipads must meet any and all fire code requirements of the local fire district.

(4)

The permit shall be deemed automatically revoked if:

a.

Found in violation of any and all FAA requirements, and owner revokes the license or refuses to re-license the site after one of its periodic inspections; or (2) 30 days after the planning/zoning officer has notified the permit holder in writing that the site is no longer in compliance with the requirements set forth herein for the initial granting of the permit, provided the alleged defect has not been cured within the said 30 day period.

(5)

In all instances, all new helipad/heliport installations shall require a permit review process through the departments of planning, engineering, and inspections.

(d)

Exemptions. Hospital/emergency response facilities located at or near a hospital shall be exempt. Special event landings - temporary landing facilities shall also be exempt to administrative permit approval.

(e)

Notifications. Courtesy notification area shall be required within a distance of 1,000 feet measured from all subject property lines. As required for conditional use permits, the established notification boundary of 200 feet of prospect site via certified letter shall be adhered to.

(f)

Conditional use approval. A conditional use permit for a heliport or helipad shall be approved by the metropolitan area planning commission in accordance with section 117-199 upon meeting all satisfactory requirements for said structures. The commission may also provide other conditions and restrictions which the city determines at the time of granting the specific use permit to protect and provide for the health, safety, and general welfare of the community. Conditional use permit approval shall be valid for three years. Renewal application is required. (See below.)

(g)

Reapplication. An application for subsequent conditional use permits on the same site shall be subject to the same procedures and standards as a first-use permit.

(Ord. No. 13:035, §§ I, II 8-20-2013)