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ORDINANCE NO. 1110 (#20 -98)
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE ~ 18.22;
AMENDING ORDINANCE NOS. 213 AND 238 AND THE LAND USE MAP
OF THE CITY OF JACKSONVILLE; CREATING AND ADOPTING AN
OVERLAY DISTRICT FOR AFFORDABLE HOUSING (AHOD) WITHIN THE
CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES.
WHEREAS, the City of Jacksonville desires to promote the
development and restoration of affordable housing In the City of
Jacksonville, Arkansas;
WHEREAS, under certain conditions and with certain restrictions,
various types of housing not normally perll1itted in the underlying, or base,
district areas shall be permitted in specific areas within the City which meet
certain conditions; and,
WHEREAS, the Jacksonville Planning Commission, after a series of
meetings and a public hearing on the matter, recommends the following
provisions be adopted by the Jacksonville City Council to accomplish
enhanced health, safety, and welfare l11easures for the citizens of
Jacksonville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: Jacksonville Municipal Code S 18.22 IS hereby
created to provide the following provisions:
JMC S 18.22.010 - APPLICABILITY AND DEFINITIONS - (A)
Unless otherwise restricted by applicable regulations, ordinances, laws, or
legislative action, the provisions of this Ordinance shall apply to the future
development and use of all real property lying within areas of the City of
Jacksonville which meet three or more of the following conditions:
1) No prevalent pattern exists in the design or type of housing
located within the specific area in question;
2) No significant inconsistency exists in the monetary value of
housing within the area;
3) The number of available habitable houses in the specified area
has/have deteriorated to the point that redevelopment of all or part of a
neighborhood and/ or specific area will best serve the health, safety and
welfare of the citizens of Jacksonville;
4) A significant portion of the houses in the specified area are/
were deficient in original construction/ current condition to the point that
redevelopment will best serve the health, safety and welfare of the citizens of
Jacksonville; and/ or,
5) There has been little to no development/investment In new
housing within the specified area.
DO
Ordinance No. 1110 (#20-98)
Page Two
(B)
DEFINITIONS:
Conditional Uses - All uses of property allowed upon review and approval
by the Planning Commission/Board of Adjustlllent. Applications for
conditional uses shall be made in accordance with the provisions of JMC
918.04.160, and shall take into consideration the necessity of said
conditional use, the length of time said conditional use will be necessary,
and all other appropriate factors surrounding such a proposed use of said
real property.
Remains in Existence In the event a structure is damaged, lost, or
destroyed by controlled means, fire, natural disaster, or act(s) of GOD, the
use of said property shall be deemed to have remained in existence when
the principal purpose and use of said property is not altered by the
modifications / reconstruction of said structure ( s).
Manufactured Housing Unit A dwelling unit constructed off-site in
accordance with the provisions of HUD's Manufactured Housing guidelines
and building codes.
Modular Housing Unit - A dwelling unit constructed off-site in accordance
with the provisions of local building code.
Peilllitted Uses All uses allowed by right under the terms of the
underlying residential zone.
JMC 9 18.22.020 PURPOSE AND CREATION OF AN
AFFORDABLE HOUSING OVERLAY DISTRICT (AHOD) - The purpose of
this Ordinance shall be to: a) enhance the development of affordable
housing within the City of Jacksonville; b) create an Overlay District (OD)
within the classifications and designations of zoning provisions within the
Jacksonville Municipal Code; c) provide for the health, safety, and welfare
of the citizens through enactment and enforcement of ordinances and
regulations in compliance with Arkansas law and the Affordable Housing
Overlay Pistrict (AHOD) study for the City of Jacksonville, Arkansas; d)
address public concerns created by violations of the OD provisions; and, e)
preserve and enhance economic value of the property within the ODe
JMC 918.22.030 - POPULATION AND DEVELOPMENT DENSITY
Construction and/ or development of residential housing in the affected
areas of the AHOD shall provide for greater accessibility to single-family
dwellings for members of the Jacksonville community through enhanced
use of manufactured, modular, and pre-fabricated housing units for real
property that lie(s) within the AHOD.
Future use of properties within the AHOD shall be reviewed for
population density concerns to insure the provisions of the Jacksonville
Municipal Code and Planning Commission guidelines are addressed as they
apply to use provisions as outlined herein.
JMC 918.22.040 - BUILDING AND CONSTRUCTION PROVISIONS
- Construction and/ or rehabilitation of any housing facility shall comply
with the provisions, guidelines, and directives of the current edition of the
Southern Building Code, the Jacksonville Municipal Code, and as outlined
in the Jacksonville Planning Commission's Regulations regarding
construction and use of properties within the AHOD.
D.
Ordinance 1110 (#20-98)
Page Three
JMC 918.22.050 - CONDITIONAL, PERMISSIBLE, PROHIBITIVE,
AND RESTRICTIVE USES - The following conditions, permissible uses.!
prohibitions, and restrictions shall apply to the future uses of any and all
real properties encompassed by the Jacksonville City Limits:
a) Manufactured housing dwellings shall be multi-sectional;
b) Modular housing units shall meet or exceed all existing provisions of
the Jacksonville Municipal Code;
c) All dwellings shall be orientated in a manner consistent with the
majority of residential units on properties within the immediate area of the
property in question;
d) All roofs shall be sloped and similar to existing homes in the area;
e) Manufactured housing dwellings shall be set up and anchored in
accordance with the regulations set forth by the Arkansas Manufactured
Home Commission;
f) All housing units shall have a continuous masonry foundation
underpinning approved by Jacksonville Code Enforcement personnel.
g) The manufactured or modular home shall be the principal structure
on the property in question;
h) Each dwelling unit that lies within the AHOD shall have a paved
parking areal driveway capable of storing a minimulll of two (2) vehicles
when possible, with a minimum of Twenty feet (20') width by Forty feet (40')
length.
i) The Jacksonville Planning Commission is elllpowered to promulgate
and publish regulations and guidelines to enhance and further explain t(he
provisions of this Ordinance. Upon doing so, a copy of said regulations
shall be maintained for the public's benefit in the Jacksonville City Clerk's
Office, City Engineer's Office, and/ or the Code Enforcement Office.
, JMC 918.22.060 - ENFORCEMENT - The provisions of the terms
of this Ordinance shall be enforced by Jacksonville Code Enforcement
official(s). Enforcement shall follow the outline and scope of Code
Enforcement official(s) under the provisions of this Code and State law, with
all citations issued under the provisions of this Ordinance addressed in the
Jacksonville Municipal Court.
JMC 818.22.070 - PENALTIES - In the event a property owner(s),
agent(s), or lessee(s) pleads or is found guilty/nolle contendre of a violation
of the terms of this Ordinance, the violator shall be assessed a fine of no
less than Twenty-five Dollars ($25.00) and court costs for a first offense, no
less than Fifty Dollars ($50.00) and court costs for a second offense, and no
less than One Hundred Dollars ($100.00) and court costs for a third or
subsequent offense(s). Each day a condition prohibited by the terms of this
Ordinance.
SECTION TWO: All ordinances or parts of ordinances and
resolutions in conflict herewith are hereby repealed to the extent of said
conflict.
~D2
Ordinance No. 1110 (#20-98)
Page Four
SECTION THREE: This Ordinance shall take effect upon
passage and publication as provided by and subject to requirements of
applicable law.
APPROVED AND ADOPTED THIS
1998.
/1tf, DAY OF DECEMBER,
~~
, MAYOR
ATTEST:
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LULA M. HAWKINS, CITY CLERK
7JVED AS T
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ROBE')T E. BAM