(a)

Areas subject to inundation. On any areas subject to periodic inundation, making them unsafe for human habitation, no building or portion thereof which is designated for dwelling use or as a place of public assembly shall be erected or altered unless protected from inundation.

(b)

Natural production uses. In any district, the extraction of oil, gas or other natural mineral deposit, including sod, sand, clay or gravel, may be permitted upon the approval of the board of adjustments and subject to such terms and conditions as the board may fix for the protection of adjacent property and uses.

(c)

Noise. There shall be no production by any use of noise which at any boundary of the building site is in excess of the average intensity of street and traffic noise at that boundary.

(d)

Heat, glare and vibration. There shall be no emission by any use of objectionable heat, glare or vibration which is perceptible beyond any boundary of the building site on which the use is located.

(e)

Hazard. There shall not be created or maintained by any use any unusual fire, explosion or safety hazard beyond the boundary of the lot on which the use is located.

(f)

Mobile homes class determinations.

(1)

Intent. It is the intent of these regulations to encourage the provision of affordable housing in a general residential environment by permitting the use of Class A mobile homes (as defined herein) in all residential districts of the town subject to limitations in size, shape and foundation as specified below.

(2)

Effect of approval. Mobile homes approved as Class A either individually or by specific model shall be allowed in all residential districts subject to the requirements for all structures in the same district. Certification shall be contingent upon all requirements of subsection (e)(4) of this section being met.

(3)

Application for Class A determination. Applications for approval of mobile homes as Class A shall be submitted to the zoning administrator in such form as he may reasonably require to make determinations of suitability as specified herein. Applications shall include descriptions of, but not be limited to, exterior dimensions, roof slopes, exterior finish, skirting materials and the like.

(4)

Standards for determinations of Class A status. Minimum width as measured across the narrowest portion of the dwellings main structure shall be 12 feet. The pitch of the main roof shall be not less than one foot of rise for each four feet of horizontal run; minimum distance from eave to ridge shall be ten feet. Exterior finish materials shall not reflect light of greater intensity than would be reflected from a surface painted with clean, white, gloss enamel. All Class A mobile homes shall be skirted to obscure from view all wheels, undercarriages, framing, extensions, etc., with a material similar in appearance to the mobile home's exterior surfaces.

(5)

Placement of mobile home; application, approval.

a.

Notwithstanding any other provisions of this chapter, the placement and use of a mobile home defined in Article 3, Section 2 of the Code of Ordinances of the Town of Jonesboro as set forth in Ordinance No. 532, which is less than 12 feet in width as measured across the narrowest portion of the dwelling's main structure may be allowed within the town provided that prior to the placement of that mobile home permission for the placement of that mobile home on the property on which it is to be placed has been obtained from the board of aldermen as set forth in ii-iii of this sub-section. No moving permit may be issued prior to the permission of the board of aldermen.

b.

Any individual or entity seeking permission to place a mobile home within the town, as authorized by subsection (f)5a of this section, shall first be required to make a written application for such placement directly to the board of aldermen by filing the original and six copies of that application with the town clerk. The application shall include the following:

1.

The year, make, model number and serial number of the mobile home;

2.

The VIN or serial number of the mobile home;

3.

The size of the mobile home listing both its width and its length;

4.

The number of bedrooms in the mobile home;

5.

Proof of the applicant's ownership of the mobile home and the applicant's mailing address;

6.

Photographs of the mobile home;

7.

A $50.00 fee to pay for notification of property owners within 300 feet of the property line;

8.

Certification of intent to install skirting on the mobile home.

c.

Upon receipt of the application referred to in subsection (f)(5)b of this section, the clerk shall distribute to all members of the board of aldermen a copy of the application and all attachments. The board of aldermen shall notify the applicant, in writing, of the date, time and place of the meeting of the board of aldermen at which the application will be considered.

d.

The board of aldermen may, in granting approval for the placement of a mobile home in accordance with the provisions of subsection (f)(5)a of this section, make that approval conditioned upon the applicant's compliance with such conditions as the board of aldermen believe appropriate.

e.

An application under this subsection need not be submitted to any other entity, including, but not limited to, the planning commission and any placement of a mobile home authorized by this subsection shall be lawful, regardless of any other provision of chapter 120.

f.

The applicant shall be notified, in writing, of the decision of the board of aldermen on the application at the address listed therein.

(g)

Home occupations provisions.

(1)

Intent. It is the intent of these regulations to encourage only those home occupations which can be so located and conducted that they preserve the essential characteristics of residential neighborhoods, cause no undue hazards to other residences or to the public, place no additional burdens on public facilities or services beyond what would normally be associated with residential uses, and to not have the effect of discriminating against commercial uses properly located in commercial districts.

(2)

Performance standards.

a.

Home occupations shall be conducted solely by residents of, entirely within, incidental to the residential use of, and utilizing not more than 25 percent of the dwelling. No articles or services are to be sold or offered for sale on the premises except those that are produced by residents of the dwellings themselves.

b.

No home occupation shall require internal or external features or the use of electrical or mechanical equipment which would change the fire rating of the structure or the fire district in which the structure is located. No home occupation shall cause an increase in the use of any public utilities beyond the average for residences in the neighborhood, nor shall it create noise, dust, vibrations, smog, smoke, glare, electrical interference, fire hazard, or nuisance to any greater or more frequent extent than is usually experienced under normal circumstances wherein no home occupation exists. The creating of noise from tools, equipment, machinery, or other devices associated with the otherwise legal conduct of any home occupation in a residential neighborhood which can be heard beyond the property lines of the property where such occupation is conducted shall be considered a nuisance.

c.

There shall be no storage of equipment, tools, goods, supplies, or implements or display of goods related to the home occupation which is visible beyond the borders of the property upon which the home occupation is conducted, nor shall any related combustibles, explosives, or hazardous chemicals be stored on the premises.

d.

The home occupation shall not generate hazardous vehicular or pedestrian traffic. A home occupation which requires recurrent on-site transactions or consultations must provide one additional off-street parking space for each 200 square feet of floor space devoted to the occupation; said parking spaces shall not be located in any required front yard.

e.

One non-illuminated name plate is allowed attached to the main structure, not to exceed two square feet in size.

f.

The premises may not be used to park occupation-related vehicles larger than two tons in weight.

(3)

Exclusions. Home occupations, as the term is defined herein, specifically excludes certain uses that have a pronounced tendency to rapidly increase beyond the limits permitted, thereby impairing the use and value of a residentially zoned area for residential purposes as follows:

a.

Animal services or grooming.

b.

Appliance repair and services.

c.

Beauty/barber shop w/more than one operator.

d.

Carpentry work (on-premises).

e.

Dance instruction.

f.

Dental or medical treatment.

g.

Food sales (on-premises).

h.

Metal product fabricating.

i.

Private schools with organized classes.

j.

Small engine repair.

k.

Upholstering (auto and furniture).

l.

Vehicle restoration.

m.

Vehicle service, repair, or painting.

These uses are specifically excluded along with all other uses not meeting the standards otherwise set forth in this chapter.

(h)

Permanent yard sales.

(1)

No owner or occupant of property in the town shall conduct a permanent garage or yard sale.

(2)

For purposes of this section, the term "garage sale" or "yard sale" is defined as the sale of personal or household items by a person not licensed as a retailer operating lawfully according to this chapter.

(3)

For purposes of this section, the term "permanent" is defined as:

a.

Having a duration in excess of 72 hours;

b.

Having regularly scheduled hours of operation each day for more than three days; or

c.

Having regularly scheduled days of operation each week for more than two weeks.

(4)

The town may issue 30-day permits to licensed retailers which will allow them to display goods outside of the confines of their approved structures. Any permit for a period in excess of 30 days must be approved by the board of aldermen in legal session convened.

(Ord. No. 533, § 2(17), 4-13-1999; Ord. No. 794, § I, 11-6-2017)

(a)

Small lots. Where a lot has an area less than the area required herein and was a lot or record on the effective date of the ordinance from which this chapter is derived, such lot, if used for dwelling purposes, shall be used only for a single-family dwelling. If located in a district permitting commercial or industrial use, the lot may be used for any use permitted in the district in which the lot is located.

(b)

Reduced lot area. No lot shall be so reduced in area that any required yard will be smaller than prescribed for the district in which the lot is located.

(c)

Visibility at intersections. On a corner lot in any residential district no fence, wall, hedge or other structure or planting more than two feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining such street lines at points which are 30 feet distance from the point of intersection measured along such street lines.

(Ord. No. 533, § 2(18), 4-13-1999)

(a)

Excess height. In any district, any main building may be erected or altered to a height in excess of that specified for the district, provided each front, side and rear yard is increased one foot for each two feet of such additional height; this provision includes areas where no yard is required.

(b)

Height exceptions. Except as provided in subsection (c) of this section, the height limitations for the various districts shall not apply to structures not used for human habitation such as church spires, belfries, cupolas, domes, chimneys, ventilators, skylights, water tanks, parapet walls, cornices, or necessary mechanical appurtenances usually carried above the roof level, provided that such features are limited to that height necessary for their proper functioning.

(c)

Towers. Free standing radio, television, microwave, cellular telephone, and other types of antenna towers and outdoor general advertising structures as defined in section 140-5 are not exempt from the height limitations specified in the district regulations of article II of this chapter.

(Ord. No. 533, § 2(19), 4-13-1999)

(a)

Front yard depth. Any lot lying between two lots adjacent thereto and having structures erected upon them on the effective date of the ordinance from which this chapter is derived shall have a front yard equal in depth at least to the average depth of the front yards of the lots adjacent thereto; provided, however, that no front yard shall be less than ten feet in depth, nor shall any front yard have a greater depth than 35 feet.

(b)

Additional side yard requirements. Where the side of a lot in a commercial district abuts upon the side of a lot in a residential district, there shall be provided on the lot in the commercial district a side yard not less than 20 feet in width on the side next to the residential district.

(c)

Accessory buildings.

(1)

No accessory building shall occupy any part of a required front or side yard or occupy more than 30 percent of a required rear yard.

(2)

No accessory building shall be erected or altered so that it is closer to any lot line than five feet, except that in a B-3 district an accessory building may be as close to an interior, side lot line as the primary building on the site.

(3)

No accessory building shall be closer to any right-of-way line than the primary building on the site.

(4)

Accessory structures (other than buildings) shall meet the same requirements as accessory buildings, except that commercial, on-premises signs in commercial districts are allowed to occupy a required front or side yard, provided the sign structure is no closer to any right-of-way line than ten feet.

(d)

Future street lines. Front yard depth and, in the case of corner lots, side yard width shall be measured from the future street right-of-way line where such lines have been established by the master plan.

(e)

Corner lot. In any district a corner lot shall have provided on the side adjoining the side street, a side yard of 20 feet in width; provided, however, that this regulation shall not be applied to reduce the buildable width of the corner lot to less than 30 feet.

(f)

Projecting architectural features. Every part of a required yard shall be open and unobstructed from the ground to the sky except for permitted accessory structures and for the ordinary projections of sills, belt courses, open fire escapes, cornices, buttresses, eaves and similar architectural features, provided that such projections shall not extend more than two feet into any required yard.

(g)

Fences and walls. No fence or wall that obstructs sight shall be erected or altered in any required front yard to exceed a height above street level of three feet; and no fence or wall, other than the wall of a permitted structure, shall be erected or altered in any required side or rear yard to exceed a height of seven feet.

(h)

Buffer protection. Wherever the boundary of a residential district is conterminous with the boundary of a commercial or industrial district, and residential lots abut commercial or industrial lots, there shall be provided and maintained, on the commercial or industrial land abutting the residential district, adequate buffer protection as follows:

(1)

A masonry wall at least eight feet in height; or

(2)

Screen planting accompanied by a permanent board or chain link type fence, both of which are at least eight feet in height. Screen planting shall be of sufficient density to afford protection from the glare of lights, from blowing papers, dust and debris, from visual encroachment, and from excessive transmission of noise and shall be maintained in a clean and healthy condition.

(Ord. No. 533, § 2(20), 4-13-1999)