1091
7z
O~~~~~~A_~CE NO. ~ 09 ~ <# ~ -98)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 99 8.04,
18.44.030, 18.48.020, 18.48.030, 18.52.020, 18.52.030, AND
18.56. 020 TO ADDRESS PROVISIONS FOR THE OPERA TlON AND
APPLICABLE ZONING REQUIREMEIvI:::i' OF COMMERCIAL MOTOR VEHICLE
PARTS, REPAIR, SALES, AND/OR SALVAGE ESTABLISHMEIvI:::i; AND, FOR
OTHER PURPOSES.
---------------------------------------
---------------------------------------
WHEREAS, THE MAYOR AND MEMBERS OF THE CITY COUNCIL HAVE RECEIVED
VARIOUS COMPLAINTS REGARDING THE ZONING, AESTHI:..IIC, AND SAFI::.I Y PROBLEMS AND
HAZARDS CONFRONTED BY THE PUBLIC IN CERTAIN OPERATIONS OF VARIOUS
COMMERCIAL MOTOR VEHICLE PARTS, REPAIR, SALES, AND/OR SALVAGE
ESTABLISHMENTS THROUGHOUT THE CITY; AND,
WHEREAS, BUSINESS ESTABLISHMENTS OF THIS NATURE WILL BE ENHANCED,
NOT DIMINISHED, BY THE CREATION AND ENFORCEMENT OF CERTAIN PROVISIONS
DESIGNED TO PROTECT BOTH THE AESTHI:..IIC AND SAt" I:.. I Y FACTORS AFFECTING THE
PUBLIC AND PROVIDE PROPER ZONING PROVISIONS NEEDED FOR THESE PARTICULAR
COMMERCIAL ESTABLISHMENT NEEDS.
NO~ THEREFORE, BE IT ORDAINED AND ENACTED BY THE CI7Y
COUNCIL OF THE CI7Y OF JACKSONVILLE, ARKANSAS:
SEL;l ION ONE: JACKSONVILLE MUNICIPAL CODE ~8.04 IS HEREBY MODIFIED
AND AMENDED TO INCLUDE THE FOLLOWING ADDITIONS, DELI:. liONS, AND MODIFICATIONS:
A) JMC ~B.04.010 - DEFINIIIONS.
BOAT - ANY VESSEL INITIALLY DESIGNED FOR CARRYING CARGO OR PASSENGERS
UPON WATER, WHI:.I HER CURRENTLY SEAWORTHY OR NOT, AND REGARDLESS OF SIZE
OR DESIGN. SAID DEFINITION SHALL INCLUDE, BUT NOT BE LIMITED TO, BARGES,
CANOES, MOTORBOATS, RAt" I~, ROWBOATS, AND SAILBOATS.
BUSINESS/EsTABLISHMENT AN ENTITY OF A COMMERCIAL, INDUSTRIAL,
OCCUPATIONAL, OR PROFESSIONAL NATURE IN WHICH I t-<ADE FOR GOODS, SERVICES,
OR PRODUCTS IS COMMONLY CONDUCTED BY THE OCCUPANT OR OWNER WITH THE
PUBLIC.
ENCLOSURE - A STRUCTURE WHICH CREATES A SURROUND AND/OR BARRIER FROM
PUBLIC VIEW AND/OR UNCONTROLLED ENTRY ON ALL SIDES OF AN AREA OR LOCATION.
GARAGE, PRIVAII:.. - AN ACCESSORY BUILDING OR PORTION OF A PRINCIPAL BUILDING
USED FOR VEHICULAR STORAGE NOT INTENDED FOR BUSINESS OPERATION.
GARAGE, PUBLIC A BUSINESS ESTABLISHMENT WHERE MOTOR VEHICLES ARE
REPAIRED, SERVICED, OR STORED.
GOOD REPAIR - THE STATE OF REPAIR FOR ENCLOSURES <OR ANY PART THEREOF)
WHEREIN THE STRUCTURE FUNCTIONS AS DESIGNED, APPEARS IN A CONDITION WHICH
PRESENTS NO PUBLIC HAZARD, AND/OR ALLOWS THE ENCLOSURE TO APPEAR AS
AESTHt:.IICALLY DESIGNED.
INOPERABLE MOTOR VEHICLE - ANY MOTOR VEHICLE FOR WHICH ITS CONDITION IS
DISMANTLED, PAKIIALLY DISMANTLED, WRECKED, INCAPABLE OF OPERATION BY ITS OWN
POWER UPON A PUBLIC STREI:..I, FROM WHICH THE WHEELS, ENGINE, I t-<ANSMISSION,
OR ANY SUBSTANTIAL PART THEREOF HAS BEEN REMOVED, AND/OR DOES NOT SATISFY
THE MINIMUM REQUIREMENTS FOR ROAD WORTHY MOTOR VEHICLES.
MOTOR VEHIC~ F" - ANY SELF-PROPELLED LAND VEHICLE DESIGNED TO TRAVEL ALONG
THE GROUND WITHOUT THE USE OF RAILS. SAID DEFINITION SHALL INCLUDE, BUT NOT
BE LIMITED TO, AUTOMOBILES, BUSES, CAMPERS, GO CARTS, GOLF CARTS, LAWN
TRACTORS, MOPEDS, MOTORCYCLES, MOTOR HOMES, TRACTORS, TRAILERS, AND
TRUCKS. * * * FOR PURPOSES OF THIS CODE, MOTOR VEHICLE SHALL ALSO BE A
COMPREHENSIVE TERM INCLUDING BOA/~', MOTOR VEHICLES, AND IffAlLERS AS
DEFINED HEREIN. * * *
MOTOR VEHICLE PARTS ESTABLISHMENT - A BUSINESS OPERATION WHEREBY THE
PRIMARY ACTIVITY IS THE SALE AND DISTRIBUTION OF ESSENTIAL COMPONENTS OF A
MOTOR VEHICLE. WHILE INOPERABLE MOTOR VEHICLES MAY BE A PART OF THE
OPERATION, AN ENCLOSED AREA MUST EXIST FOR ALL INOPERABLE MOTOR VEHICLES
KEPT ON THE PREMISES FOR LONGER THAN THIRTY (30) DAYS.
MOTOR VEHICLE REPAIR ESTABLISHMENT - A BUSINESS OPERATION WHEREBY THE
PRIMARY ACTIVITY IS THE MENDING, RENOVATION, OR RESTORATION OF MOTOR VEHICLES
AND/OR SPECIFIC MOTOR VEHICLE COMPONENI~. WHILE INOPERABLE MOTOR VEHICLES
MAY BE A PART OF THE OPERATION, AN ENCLOSED AREA MUST EXIST FOR ALL
INOPERABLE MOTOR VEHICLF"C:; KEPT ON THE PREMISES FOR LONGER THAN THIRTY (30)
DAYS.
f{3
ORDINANCE No. 109 I (# 1-98)
PAGE Two
MOTOR VEHICLE SALES ESTABLISHMENT A BUSINESS OPERATION WHEREBY THE
PRIMARY ACTIVITY IS THE I HADE AND/OR EXCHANGE OF MOTOR VEHICLES FOR MONEY.
WHILE INO'PERABLE MOTOR VEHICLES MAY BE A PART OF THE OPERATION, AN
ENCLOSED SPACE MUST EXIST FOR ALL INOPERABLE MOTOR VEHICLES ON THE
PROPERTY FOR LONGER THAN THIH I ( (30) DAYS.
MOTOR VEHICI F SALVAGE ESTABLISHMENT A BUSINESS OPERATION WHEREBY THE
PRIMARY ACTIVITY IS THE I HADE AND/OR EXCHANGE OF INOPERABLE MOTOR VEHICLES,
THEIR PARTS, AND/OR VARIOUS COMPONENTS THEREOF FOR MONEY. AN ENCLOSED
AREA IS REQUIRED FOR ALL INOPERABLE MOTOR VEHICLES ON SAID PREMISES.
MOTOR VEHICLE SERVICE STATION A BUSINESS OPERATION WHEREBY THE
PRIMARY ACTIVITY IS THE SALE AND It-<ADE OF FUEl e:; (GASOLINE, DIESEL, I:..IC.)
COMMONLY USED BY MOTOR VEHICLES, BUT WHICH OPERATION CAN INCLUDE THE
MAINTENANCE, REPAIR AND RESTORATION OF MOTOR VEHICLES, THEIR PARTS, OR
COMPONENTS. WHILE INOPERABLE MOTOR VEHICLES MAY BE A PART OF THE
OPERATION, AN ENCLOSED SPACE MUST EXIST FOR ALL INOPERABLE MOTOR VEHICLES
ON THE PROPERTY FOR LONGER THAN THIRTY (30) DAYS.
MOTOR VEHIC' F STORAGE ESTABLISHMENT A BUSINESS OPERATION WHEREBY THE
PRIMARY BUSINESS ACTIVITY IS THE PARKING, MAINTENANCE, OR TEMPORARY STORAGE
OF MOTOR VEHICLES. WHILE INOPERABLE MOTOR VEHICLES MAY BE A PART OF THE
OPERATION, AN ENCLOSED AREA MUST EXIST FOR ALL INOPERABLE MOTOR VEHICLES
ON THE PROPERTY FOR LONGER THAN THIRTY (30) DAYS.
MOTOR VEHICLE TOWING/WRECKER ESTABLISHMENT A BUSINESS OPERATION
WHEREBY THE PRIMARY ACTIVITY IS THE RECOVERY, HAULING, AND (COMMONLY)
STORAGE OF MOTOR VEHIC' Fe:; IN DAMAGED/INOPERABLE CONDITION FOR PROFIT. WHILE
INOPERABLE MOTOR VEHICLES MAY BE A PAt-<1 OF THE OPERATION, AN ENCLOSED AREA
MUST EXIST FOR ALL INOPERABLE MOTOR VEHICLES ON THE PROPERTY FOR LONGER
THAN THIRTY (30) DAYS.
BJ JMC ~8.04.020 - ENCLOSURE REOUIREMEIvI::i. ANY MOTOR
VEHICLE PARTS, REPAIR, SALES, SALVAGE, STORAGE, AND/OR TOWING
ESTABLISHMENT(S) OPERAII:..D WITHIN THE CITY LIMITS SHALL BE REQUIRED TO ENCLOSE
AN AREA LARGE ENOUGH TO FULLY CONTAIN AND ENCLOSE ALL INOPERABLE MOTOR
VEHICLES MAINTAINED ON SAID BUSINESS ESTABLISHMENT PREMISES.
SAID ENCLOSURE SHALL BE CONS I t-<UC II:..D IN A PROPER WORKMAN-LIKE MANNER
OF SUCH MATERIALS SO AS TO PROVIDE A FULL ENCLOSURE AROUND THE AREA
CONTAINING THE INOPERAB' F MOTOR VEHICLI='e:;, AND SHALL BE CONS I HUC II:..D OF SUCH
MAIt:.RIALS AND IN SUCH A Mt:.IHOD THAT THE ENCLOSURE WILL BLOCK THE PUBLIC'S
VIEW OF SAID CONTAINED AREA AND PROHIBIT OR LIMIT THE PUBLIC FROM
UNCON I KOLLED ACCESS TO SAID ENCLOSED AREA. ENCLOSURFC:; CAN BE CONSTRUCTED
OF, BUT ARE NOT LIMITED TO, MATERIALS SUCH AS: A SIX FOOT (61) OR HIGHER
WOODEN PRIVACY FENCE; A SIX FOOT (61) OR HIGHER CHAIN LINK FENCING WITH
INSERTS BLOCKING PUBLIC VIEW; OR, A SIX FOOT (61) OR HIGHER WALL CONSTRUCTED
OF BRICK, CONCRI:..II:.., MI:..IAL, SIDING, STUCCO, WOOD, OR OTHER FORM OF SUITABLE
BUILDING MAII:..RIAL (OR A COMBINATION THEREOF) SO AS TO FULLY ENCLOSE THE AREA
IN QUESTION AND BLOCK THE PUBLIC'S VIEW. GATES, BOTH PEDESTRIAN AND
VEHICULAR, WILL BE CONSTRUCTED OF SIMILAR MATERIALS AND MANNER AS THE
ENCLOSURE. SAID ENCLOSURE MATERIALS, ONCE CONSTRUCTED, SHALL BE
MAINTAINED IN A CONSTANT STA II:.. OF GOOD REPAIR.
C) JMC IB~04.030 - PLANS AND SPECIFICATIONS. P LA N SAN D
SPECIFICATIONS FOR SAID ENCLOSURE AREA ARE TO BE SUBMII I ED TO THE
JACKSONVILLE CODE ENFORCEMENT OFFICE FOR REVIEW AND APPROVAL PRIOR TO
CONS I t-<Ut-IION OF SAID ENCLOSURE. CONS I t-<UL.IION OF SAID ENCLOSURES SHALL BE
COMPLI:..IED NO LATER THAN SIX MONTHS FROM THE DAII:.. OF PASSAGE OF THIS
ORDINANCE. ANY SUCH BUSINESS ESTABLISHED ON OR At" I ER PASSAGE OF THIS
ORDINANCE MUST HAVE AN ACCEPTABLE ENCLOSURE ON SITE BEFORE A BUSINESS
PRIVILEGE LICENSE FOR THAT ESTABLISHMENT WILL BE ISSUED.
SHOULD CONSTRUCTION OR ERECTION OF SUCH AN ENCLOSURE REQUIRE
PLACEMENT OF A FENCE OR WALL ON OR ALONG A PUBLIC EASEMENT, RIGHT OF WAY,
OR STREt:.I, THE CODE ENFORCEMENT OFFICE SHALL REVIEW SAID PLANS FOR
POSSIBLE PUBLIC AND PRIVAII:.. UTILITY ACCESS AND POSSIBLE SAFI:..IY HAZARDS
CREATED BY THE CONSTRUCTION OR PRESENCE OF SUCH AN ENCLOSURE SO AS TO
INSURE PUBLIC SAFt:..1 f IS FOREMOST.
ALL PLANS AND CONSTRUCTION OF ENCLOSURES SHALL BE COMPLI:..I ED IN
COMPLIANCE WITH THE SPECIFICATIONS PROVIDED BY THE CURRENT EDITION OF THE
SOUTHERN BUILDING CODE AND OTHER APPLICABLE CONSTRUCTION CODE PROVISIONS
AS ADOPTED BY THE CITY OF JACKSONVILLE.
D) JMC * 8.04.040 - ENFORCEMENT AND PENALTIES. FAILURE TO
COMPLY WITH THE PROVISIONS OF THIS CHAPTER SHALL CONSTITUTE A VIOLATION
THEREOF, AND EACH VIOLATION SHALL BE CONSIDERED A MISDEMEANOR PUNISHABLE
t'-f0
ORDINANCE No. 109 I (# 1-98)
PAGE THREE
BY A FINE OF NO LESS THAN ONE HUNDRED DOLLARS ($ 100.00) AND NO GREATER
THAN FIVE HUNDRED DOLLARS ($500.00>' A SEPARAII:.. OFFENSE SHAJ I OCCUR FOR
EACH DAY THAT THE VIOLATION EXISTS ENFORCEMENT RESPONSIBILITIES SHALL LIE
WITH THE CITY CODE ENFORCEMENT OFFICE.
E) JMC ~8.04.050 - APPEAL RIGHTS
A) UPON RECEIPT OF A WRII I EN REQUEST TO THE JACKSONVILLE BOARD OF
ADJUSTMENT, DELIVERED TO THE CITY CLERK'S OFFICE WITHIN FIt- I EEN ( I 5) DAYS OF
NOTICE OF ACTION TAKEN BY THE CODE ENFORCEMENT OFFICE OF THE CITY OF
JACKSONVILLE ON ANY MAIII:..R REGARDING THE CONSTRUCTION OF AN ENCLOSURE(S),
ITS TERMS OR CONDITIONS.
B) UPON RECEIt-' I OF SAID NOTICE OF APPEAL, THE CITY CLERK SHALL PLACE
THE REQUEST ON THE AGENDA FOR THE NEXT REGULARLY SCHEDULED MEI:..IING OF THE
BOARD OF ADJUSTMENT. FURTHER, THE CITY CLERK SHALL NOTIFY IN WRITING THE
INTERESTED PARTY AND THE CODE ENFORCEMENT OFFICE OF THE DA II:.. AND TIME OF
SAID ME~IING. A PROPERLY FILED REQUEST FOR HEARING SHALL STAY ANY AD ALL
ENFORCEMENT PROCEEDINGS UNTIL AN ORDER OF DI:..I ERMINATION OF THE BOARD OF
ADJUSTMENT IS ENTERED.
C) THE BOARD OF ADJUSTMENT SHALL CONDUCT A HEARING AND REVIEW FOR
DI:..II:..RMINATlON ON THE REQUEST. At-II:..R MAKING SAID DI:..II:..RMINATION, THE BOARD OF
ADJUSTMENT SHALL ISSUE A WRIII EN ORDER STATING ITS FINDINGS OF FACT AND
CONCLUSION, PROVIDING A COPY OF SUCH TO THE CITY CLERK, THE CODE
ENFORCEMENT OFFICE, AND THE INTERESTED PARTY WHO FILED THE REQUEST FOR
HEARING.
D) IN THE EVENT THE BOARD OF ADJUSTMENT DI:..I ERMINATION AFFIRMS THAT
THE CODE ENFORCEMENT OFFICE, IT SHALL ORDER THE CORRECTION, REMOVAL,
AND/OR REPAIR OF THE CITED DEFICIENCY WITHIN THIRTY (30) DAYS FROM THE DAII:..
OF ISSUANCE OF THE ORDER. IF THE OWNER OR INII:..RESII:..D PAKlf FAILS TO COMPLY
WITH THE BOARD OF ADJUSTMENT9S ORDER, THE CODE ENFORCEMENT OFFICE SHALL
CITE SAID PERSON/ENTITY IN ACCORDANCE WITH THE TERMS OF THIS CODE.
SELl ION TWO: JACKSONVILLE MUNICIPAL CODE CHAPTER 18 IS HEREBY AMENDED
TO INCLUDE THE FOLLOWING ADDITIONS, DELl::.I IONS , AND MODIFICATIONS:
AJ JMC 6 18.44.030 - CONDIIIONAL USES (C-IJ. MOlvRVEHICJFPAKI==>,
REPAIR, SALES, STORAGE, AND/OR TOWING ESTABLISHMENT(S) SHALL BE ADDED AS
POSSIBLE CONDITIONAL USES IN C- I .
BJ JMC ~ 18.48.020 - PERMIIIED USES (C-2J. MOTORVEHICLEPAKI~,
REPAIR, AND SALES ESTABLISHMENT(S) SHALL BE ADDED AS PERMII I ED USES IN C-2.
C) JMC ~ 18.48.030 - CONDIIIONAL USES (C-2J. MOTOR VEHICLE
STORAGE AND/OR TOWING ESTABLISHMENT(S) SHALL BE ADDED AS POSSIBLE
CONDITIONAL USF~ IN C-2.
DJ JMC ~ 18.52.030 - CONDmONAL USES (C-3J. MOTOR VEHICLE
SALVAGE ESTABLISHMENT(S) SHALL BE ADDED AS POSSIBLE CONDITIONAL USES IN C-3.
EJ JMC ~ 18.56.020 - CONDIIIONAL USES (C-4J. MOTOR VEHICLE
SALVAGE ESTABLISHMENT(S) SHALL BE ADDED AS CONDITIONAL USES IN C-4.
SECTION THREE: ALL ORDINANCES, PARTS OF ORDINANCES, OR PREVIOUS
ACTIONS TAKEN BY SAID COUNCIL IN CONFLICT HEREWITH ARE HEREBY REPEALED TO
THE EXTENT OF SUCH CONFLICT.
SECTION FOUR: THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON
PASSAGE AND PUBLICATION, AS PROVIDED BY AND SUBJECT TO THE REQUIREMENTS OF
APPLICABLE LAW.
APPROVED AND ADOt-' I ED THIS S-l-h DAY OF ..JANUARY, 1998.
A I I t:.ST:
_0~ ..~. J'~J.:uJ
~. HAWKIN!::'-, cllY ~E~
~fzf~~
HUtit.~1 t.. tiALG' ell IIUHNt.
. C C~1lY F JACKSONVILLE, ARKANSAS
~, r::;-, '\ q I ·
IJ~~~'