1224
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ORUI~A~Ch ~O.1224 (# 8 - 04)
AN ORDINANCE PROVIDING FOR A MIXED USE OVERLAY DIS'11<ICT FOR
ALLOWANCE OF BO'1ll RESIDEN'11AL ANU COMMERCIAL USES WI'lllIN
DESIGNATED AREAS OF '1lIE CITY OF JACKSONVILLE, ARKANSAS;
CREA'11NG JACKSONvILLE MUNICIPAL CODE ~18.23; ANU, FOR O'lllER
PURPOSES.
WHEREAS, development and renovation of downtown Jacksonville would
be an enhancement to the City, and use of the real property for residential and
commercial purposes alike would expend potential uses;
WHEREAS, to do so requires creation of an Overlay District to provide for
such an area(s) and a designation of the overall property zones to be included in
order to provide appropriate areas in which such a mixed use of property would
provide the best use and planning for the City.
NO~ '1llEREFORE, BE 1'1' ORDAINliD BY THE CITY COUNCIL OF'11fE
CITY OF JACKSONVILLE, ARKANSAS, 'llIAT:
SECTION ONI:;: JMC S 18.23 (MIXED USE OVERLAY DISTRICT) is
hereby enacted and shall include the following:
JMC ~18.23.010 (Applicability and Definitions)
Unless otherwise restricted by applicable laws, legislative action, ordinances,
or regulations, the provisions of this Ordinance shall apply to future development
and use of all real property lying within the area desiblLated and as more
particularly described below:
Beginning at the SW corner of the intersection of the East Main Street
right-of-way and the Oak Street right-of-way; thence northeast along
the south right-of-way line of East Main Street to the northwest right-
of-way line of Union Pacific Railroad; thence southwesterly along said
right-of-way line to the centerline of Division Street; thence
northwesterly along Division Street to the centerline of South Second
Street; thence northeasterly along the centerline of South Second
Street to the centerline of Mulberry Street; thence west along
Mulberry Street to the centerline of Warren Street; thence south along
Warren Street to the centerline of Lenora Street; thence west along
Lenora Street to the centerline of Dupree Drive; thence southeasterly
along Dupree Drive to the centerline of Louise Street; thence west
along the centerline of Louise Street to South James; thence continue
west along the north line of the South 1/2 of the NW 1/4 of Section
30, Township 3 North, Range 10 West, 1466.85'; thence north 798.87';
thence east 490.88' to the west right-of-way line of Hospital Drive;
thence north along said right-of-way line to the south line of West
Main Street; thence west along the south line of West Main Street to
the centerline of Crestview Drive; thence north along the centerline of
Crestview Drive to the centerline of Vine Street; thence east along the
centerline of Vine Street to the centerline of James Street; thence south
000024
ORDINANCh NO. 1224 (# 8 - 04
MAY lo~, 2004
PAGEIWO
along the centerline of James Street to the centerline of Poplar Street;
thence east along the centerline of Poplar Street to the east right-of-
way of State Highway 161; thence south along the east right-of-way
to the centerline of Center Street; thence southeasterly along Center
Street to the centerline of Graham Road; thence east along Graham
Road to the southeast right-of-way of Elm Street; thence southwest
along the southeast right-of-way of Elm Street to the southwest right-
of-way of East Main Street; thence northwest along the southwest
right-of-way of East Main Street to the southwest COlller of Oak Street
and East Main Street and the point of beginning.
(General Description: That real property along and within two (2) blocks
north and south of Main Street from Sharp Street to Elm Street, Jacksonville,
Arkansas)
SECTION'I'WO: JMC 918.23.020 (Purpose)
The Mixed Use Overlay District (MUOD) is hereby created for the purpose
of:
a) Enhancing the development of a revitalization of Main Street;
b) Creation of an Overlay District applicable to the classifications and
designations of zoning provisions within this Code;
b) Address public concerns created by violations of the MUOD; and,
c) Enhance and preserve economic value and COlThllUnity development
within the MUOD.
SECTION'l1fREE: JMC 18.23.030 (Population and Development Density)
Construction and/ or development of a mixture of residential housing and
commercial areas within the Mixed Use Overlay District shall provide for greater
accessibility to affordable housing and closer proximity to businesses for those who
desire and/ or need such housing arrangements. It shall promote ownership of real
estate opportunities for small business owners, who can now join business and
housing costs within the same property to more efficiently use their assets, and will
serve to enhance revitalization of the downtown area.
Future use of properties within the MUOD shall be reviewed for population
and business density concerns to insure compliance with concerns and provisions
of the Jacksonville Municipal Code, the Building Code, and Arkansas law.
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ORDINANLh NO. 1224 (# 8 - 04
MAY LD'1t, 2004
PAGE THREE
SECTION FOUR: JMC 18.23.040 (Building and Construction Provisions)
Construction and/ or rehabilitation of any business or housing facility or
structure shall cOIILply with all applicable provisions, guidelines, and directives of
the current edition of the International Building Code, Jacksonville Municipal Code,
and the Planning Commission.
SECTION FIVE: JMC 18.23.050 (Conditional, Permissible, Prohibitive,
and Restrictive Uses)
The following conditions, permissible uses, prohibitions, and restrictions
shall apply:
a) Business locations will be primarily located on ground level of any
structures, and residential properties will pril1Larily be located above or
between commercial establishments;
b) All construction shall meet or exceed provisions of the JMC;
c) All residential properties shall be oriented in a manner consistent with
the majority of residential and commercial properties within the immediate
area;
d) Parking shall be provided for residential properties in the following
manner and ratio: One and one-half (1.5) parking spaces per residence; and,
e) Parking shall be provided for commercial properties in the following
manner and ratio: One (1) parking space for every Two Hundred Square
Feet (200 SF) of office/retail space.
SECTION SIX:
JMC 18.23.060 (Enforcement and Penalties)
A) ENt'ORCEMEN'l'-
1} Terms and conditions of this Ordinance shall be enforced by
Jacksonville Code Enforcement Office in a progressive manner. Notification of
violations and/ or non-compliance shall be in writing and provide the recipient with
specific reference(s) to provisions violated. Continued and/ or additional
violation(s) should result in citation(s) issued to the responsible party(ies), to
include but not be limited to the property owner, property manager, agent and/ or
tenant. Citations shall be presented to and adjudicated in the Jacksonville District
Court.
B) PENAL'llES
2) In the event a property owner, property manager, agent, and/ or
tenant pleads or is found guilty of a violation of the terms of this Ordinance, the
violator(s) shall be assessed a fine of no less than Twenty-five Dollars ($25.00) and
no more than Five Hundred Dollars ($500.00), together with applicable costs, for
any such offense. Each day that conditions in violation of the terms of this
Ordinance exist shall constitutes a separate offense.
SECTION SEVEN: All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
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ORDINANCh NO. 1224 (# 8 - 04
MAY Jo tf\ , 2004
PAGE FOUR
SECTION EIGHT: This Ordinance shall take effect immediately upon
passage and publication, as provided by and subject to the requirements of
applicable law.
APPROVED AND ADOPTED THIS lo ~ DAY OF MAY, 2004.
CITY OF JACKSONVILLE, ARKANSAS
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TOMMY SW AIMtMA YOR
AI"lEST:
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~ SUSAN VITI, (CLERK
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AP~,,r '~/TI', ED,. AS T.m FORM:
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ROB\RT E. BAMBURG, CITY ATTORNEY