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Non-Conforming Use or Non-Conforming Use Transfer Application

  1. City Seal in Color MEDIUM.png
  2. Property Address
  3. Applicant address
  4. Required documents (3 copies of each of the following)
  5. Required Documents (3 copies of each of the following)
  6. An application will not be accepted until and unless all of the above requirements requirements are met.
  7. Instructions
    Justification of Nonconformancy Statement: 1. Briefly describe the current legal nonconforming use, including the date that this use was established. 2. Describe all or any details for the use of the building(s) or premises, including any additions/removals, outside storage, fencing, lighting, parking, landscaping, buffering, signage, etc. Any variations to zoning requirements should be specified. 3. Describe all efforts, including those currently in place and any additional which are proposed, to mitigate impacts on the surrounding properties and uses.
  8. A notarized written request to the Director of City of Jonesboro Planning & Zoning Department, (The following format is an example):
    “I (Name), wish to establish a nonconforming use at (Address). On or prior to __________________, ((the effective date of the Zoning Ordinance that caused the Nonconformancy), (or the date of annexation into City of Jonesboro, AR, whichever date is later)) property was being used as (Identify Nonconforming Use). This use is not allowed in the current (Zoning District) zone. The nonconforming use consists of (List each nonconforming use that you are applying for). The documents I have submitted to substantiate the existence of the use between (Date) and (Date) are attached.”
  9. Note:
    A minimum of three forms of documentation, or combination thereof, which covers the time period in question shall be submitted with this application. Zoning Administrative may require additional information to make final determination.
  10. Examples of documentation are:
    A. Copies from city (Polk) directories or phone directories showing use of property from (Date) to (Date). B. Notarized letters from (Name) who lives nearby at (Address), verifying and describing the use from (Date) through (Date). C. Assessor’s tax records D. State Licenses or Privilege License showing dates of use (Food, beverages, animal, etc.) E. Statements from utilities such as power, water or gas, which indicate the use and date. F. Receipts from purchases relating to the use or for goods or services provided if the use is a type of business. If the property is rented, receipts showing dates of use. If a non-conforming use is discontinued, or had been discontinued for a period of 1 year or more, then the grandfather right ceases. If you lose a grandfather right, it cannot be re-established under the Jonesboro City Code. In such a case, the property may only be used for purposes specified in the Zoning Ordinance. The non-conforming use must either be discontinued or moved to a property which has the correct zone.
  11. See Article 14, Section 14.12 of the City of Jonesboro Zoning Resolution for more information.
  12. Documentation must prove:
    1. The use has been in existence prior to Zoning Ordinance establishment within the City of Jonesboro Code of Ordinances, or was legally established in the City of Jonesboro prior to annexation. 2. The use has been continuous since the effective date of any City Ordinance that caused non-conformancy, or the date of annexation into City of Jonesboro, Arkansas, whichever date is later.
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  14. This field is not part of the form submission.