1048
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ORDINANCE NO. 104B (# I 2-95)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 662.32.050,
I 2. 24. I 00, I 2. 24. I I 0, I 2. 24. I 20, I 5. I 2.030, I 5. I 2.040, I 5. I 2.050,
15.12.0BO, 17.12.140, 17.12.190, 17.16.010, 17.16.020,17.20.060,
I 7.20. I 50, I 7.20. I 90, I B. 04. 160, I 8. 26.020, I B. 26.030, I B. 2B. 020,
IB.2B.030, IB.32.020, IB.32.030, IB.36.020,IB.36.030,
I B. 3B. 020, I B. 3B. 030, I B. 40. 020, I B. 40. 030, I B. 44. 020, I B. 44. 030,
IB.4B.020, IB.4B.030, IB.52.020, lB. 52.030, lB. 56.025, AND IB.60.030
FOR ZONING AND PROPEH/ r' USE PROVISIONS; DECLARING AN EMERGENCY; AND, FOR
OTHER PURPOSES.
WHEREFORE, THE '-'ACKSONVILLE MUNICIPAL CODE PROVISIONS ARE IN NEED OF
AMENDMENT TO PROVIDE FOR MORE EFFICIENT AND ACCURATE USAGE OF REAL PROPERTIES AND
COMMISSION PROCEDURES WITHIN THE CITY;
WHEREFORE, THE ~ACKSONVILLE PLANNING COMMISSION HAS WORKED DILIGENTLY TO
UPDATE, MODIFY, AND IMPROVE CERTAIN PROVISIONS OF THE MUNICIPAL CODE; AND,
WHEREFORE, UNDER CURRENT STATE LAW AND PROPOSED MUNICIPAL CODE, THE
'-'ACKSONVILLE BOARD OF ADJUSTMENT WILL APPROVE ALL CONDITIONAL USES IN ANY ZONING
CLASSIFICATIONS, AND WILL SERVE AS THE REVIEWING BODY FOR ANY APPLICATION SUBMI" ED
UNDER SAID PROVISIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CllY COUNCIL OF THE CllY OF
'-'ACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: THE FOLLOWING CODE PROVISIONS IN THE '-'ACKSONVILLE MUNICIPAL
CODE ARE HEREBY AMENDED, MODIFIED, AND DELETED AS FOLLOWS:
'-'MC 9 2.32.050 - PETITIONER PRESENCE AT MEETING REQUIRED. PETITIONERS OR
REPRESENTATIVES OF PETITIONERS ARE REQUIRED TO BE PRESENT AT A REGULARLY SCHEDULED
PLANNING COMMISSION MEETING(S) AND/OR BOARD OF ADJUSTMENT MEETING(S) IN ORDER FOR
SUBMI" ED AGENDA/NON-AGENDA ITEMS TO BE ADDRESSED BY THE COMMISSION/BoARD. IF THE
PETITIONER AND/OR HIS AUTHORIZED REPRESENTATIVE IS NOT PRESENT AT THE TIME SAID ITEM IS
CALLED FOR DISCUSSION AND ACTION BY THE COMMISSION/BoARD, THE ITEM WILL BE
AUTOMATICALLY TABLED TO THE NEXT REGULARLY SCHEDULED MEETING AGENDA. IF PETITIONER
AND/OR HIS REPRESENTATIVE IS NOT PRESENT AT THAT MEETING, THE AGENDA ITEM WILL BE
DISMISSED WITHOUT ACTION.
'-'MC 9 I 2.24. 100 - CURBS AND Gu" ERS. THE PLACEMENT OF PLAYGROUND
EQUIPMENT AT THE BACK OF ANY CURBLINE SO AS TO ENCOURAGE ADULTS AND/OR CHILDREN TO
PLAY IN OR ABOUT THE STREET SURFACE IS HEREBY PROHIBITED. IN ADDITION, THE PLACEMENT
OF CONCRETE AND/OR ANY OTHER MATERIAL THAT CAUSES AN OBSTRUCTION SO AS TO INTERFERE
WITH THE NORMAL DRAINAGE PA"ERN IN STREET CURBS AND GU"ERS (COMMONLY USED TO
SMOOTH ENTRANCES TO DRIVEWAYS) IS HEREBY PROHIBITED.
VIOLATIONS OF ANY PROVISION OF THIS SECTION SHALL RESULT IN ISSUANCE OF A CITATION
AND POSSIBLE FINE OF NO MORE THAN ONE HUNDRED DOLLARS ($ 100.00>'
'-'MC 9 I 2.24. I 10 - SIDEWALKS. ALL SIDEWALKS WITHIN THE CITY SHALL MEET ALL
AMERICANS WITH DISABILITIES ACT REQUIREMENTS AND SHALL BE PLACED A MINIMUM OF TWO (2)
FEET FROM THE BACK OF THE STREET CURB.
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ORDINANCE No. I 048
PAGE Two
~MC 9 I 2.24. I 20 - STORM DRAINAGE. THE PILING OF LEAVES, BRANCHES, YARD
WASTE, TRASH, DEBRIS, ETC.,ON TOP OF, INSIDE OF, OR NEAR SO AS TO ALLOW SAID ITEMS TO
ENTER THROUGH AND/OR DRAINAGE DITCHES IS HEREBY PROHIBITED.
~MC 9 15. I 2.030 - RESIDENTIAL CONSTRUCTION. NEW CONSTRUCTION OR SUBSTANTIAL
IMPROVEMENTS OF ANY RESIDENTIAL STRUCTURE SHALL HAVE THE LOWEST FLOOR LEVEL, INCLUDING
ANY BASEMENT LEVEL, ELEVATED A MINIMUM OF ONE FOOT ( II) ABOVE THE BASE FLOOD ELEVATION
OF THE AREA.
~MC 9 15. I 2.040 COMMERCIAL/NoN-RESIDENTIAL CONSTRUCTION. NEW
CONSTRUCTION OR SUBSTANTIAL IMPROVEMENTS OF ANY COMMERCIAL, INDUSTRIAL, OR OTHER NON-
RESIDENTIAL STRUCTURE(S) SHALL HAVE THE LOWEST FLOOR LEVEL, INCLUDING BASEMENT LEVEL,
ELEVATED TO A MINIMUM OF ONE FOOT ( I i) ABOVE THE BASE FLOOD ELEVATION.
~MC 9 15. I 2.080(6) - SUBDIVISION PROPOSAL STANDARDS. IF PROPERTY IS TO BE
FILLED AND/OR RAISED SO AS TO MEET AND/OR EXCEED THE BASE FLOOD ELEVATION LEVEL, A
DEVELOPER SHALL SUBMIT ALL REQUIRED FORMS TO FEMA AND PROVIDE PROOF OF SUBMITTAL AT
ANY PRESENTATION REQUESTING FINAL PLAT APPROVAL.
~MC 9 17. I 2. 140 - FINAL PLAT - SUBMISSION TIME LIMITATION. SUBMISSION FOR FINAL
PLAT APPROVAL SHALL OCCUR WITHIN ONE ( I ) YEAR OF THE DATE OF PREUMINARY PLAT APPROVAL.
IF SUBMISSION DOES NOT OCCUR WITHIN SAID TIME FRAME, THE PRELIMINARY PLAT SHALL BE
CONSIDERED ABANDONED, UNLESS THE PLANNING COMMISSION GRANTS AN EXTENSION OF TIME TO
THE PETITIONING DEVELOPER FOR GOOD CAUSE SHOWN. SAID EXTENSION MAY ALLOW FOR WAIVER
OF ADDITIONAL FILING FEES, PLAT SUBMISSION, OR SUCH OTHER CONDITIONS AS THE COMMISSION
DEEMS APPROPRIATE.
~MC 9 17. I 2. 190 - PLAT REPORTS - FLOOD ZONE DESIGNATION. ANY LOT SUBMIIIED
FOR APPROVAL BEFORE THE PLANNING COMMISSION LOCATED WITHIN A DESIGNATED FLOOD HAZARD
AREA/ZONE SHALL CARRY A DESIGNATION OF "F" FOLLOWING THE LOT IDENTlf-ICATION
NUMBER/SYMBOL.
~MC 9 17.16.0 I O( 13) - PLAT REPORTS - FLOOD ZONE DESIGNATION. ANY LOT
SUBMII I ED FOR APPROVAL BEFORE THE PLANNING COMMISSION LOCATED WITHIN A DESIGNATED
FLOOD HAZARD AREA/ZONE SHALL CARRY A DESIGNATION OF "F" FOLLOWING THE LOT IDENTIFICATION
NUMBER/SYMBOL.
~MC 9 17. 16.0 I 0(2 1)(23) - PLAT REPORTS. THESE SECTIONS SHALL BE DELETED
FROM THE ~ACKSONVILLE MUNICIPAL CODE.
~MC 9 17.16.0 I 0(22) - PLAT REPORTS - BILLS OF ASSURANCE/COVENANTS. ANY
COVENANTS/BILLS OF ASSURANCE SET TO RUN WITH ANY REAL PROPERTY DEVELOPMENT WITHIN THE
CITY SHALL BE PROVIDED TO THE PLANNING COMMISSION AT THE TIME OF SUBMISSION OF THE
PRELIMINARY PLAT.
~MC 9 17. 16.020(7)(8)(9)( I I) INFORMATION REQUIREMENTS. ~MC 99
17. 16.020(7) AND 17. 16.020(8) ARE HEREBY DELETED FROM THE ~ACKSONVILLE MUNICIPAL
CODE.
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ORDINANCE No. I 048
PAGE THREE
~MC 9 17. 16.020(9) SHALL BE AMENDED TO REQUIRE TWELVE ( I 2) BLUE-LINE PRINTS
OF ANY PROPOSED PLAT DRAWN TO A SCALE ACCEPTABLE TO AND DETERMINED BY THE CITY
ENGINEER.
~MC 9 17. I 6.020( I I) SHALL BE INCLUDED TO REQUIRE THE FOLLOWING CERTIFICATES
(AND LANGUAGE) ON PLAT SUBMISSIONS TO THE PLANNING COMMISSION:
CEHIIFICATlON:
I (WE), AS OWNER(S) OF RECORD OF THE REAL ESTATE SHOWN AND DESCRIBED HEREIN,
DO HEREBY CERTIFY THAT I (WE) HEREBY LAY OFF, PLAT, AND SUBDIVIDE SAID REAL ESTATE IN
ACCORDANCE WITH THE AI IACHED PLAT.
OWNER
DATE
CEHIIFICAIt.. OF SURVEYING ACCURACY:
I HEREBY CERTIFY THAT THIS PLAT CORRECTLY REPRESENTS A BOUNDARY SURVEY MADE
BY ME, AND ALL MONUMENTS SHOWN HEREON ACTUALLY EXIST AT THE LOCATION AND IN THE SIZE,
TYPE, AND MATERIAL DESIGNATED HEREIN.
DATE
REGISTERED LAND SURVEYOR No.
CERTlFICAI t.. OF ENGINEERING ACCURACY:
I HEREBY CERTIFY THAT THIS PLAT CORRECTLY REPRESENTS A PLAT MADE BY ME OR UNDER
MY SUPERVISION, AND THAT ALL ENGINEERING REQUIREMENTS OF THE ~ACKSONVILLE MUNICIPAL
CODE HAVE BEEN MET AND/OR EXCEEDED.
DATE
PROFESSIONAL ENGINEER No.
CEHIIFICAIt.. OF FINAL PLAT APPROVAL:
ALL REQUIREMENTS OF THE ~ACKSONVILLE MUNICIPAL CODE RELATIVE TO THE
PREPARATION AND SUBMITTAL OF A FINAL PLAT HAVING BEEN FULFILLED, APPROVAL OF THIS PLAT
IS HEREBY GRANTED, SUBJECT TO FURTHER PROVISIONS OF SAID CODE.
DATE
CHAIR, ~ACKSONVILLE PLANNING COMMISSION
ApPROVED AND ACCEPTED BY THE ~ACKSONVILLE CITY COUNCIL ON THIS
, AT O'CLOCK .M., HAS BEEN RECORDED ON THIS
IN PLAT BOOK AT PAGE
DAY OF
DATE
CLERK
FOR BILL OF ASSURANCE -- DEED RECORD BOOK
AT PAGE
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ORDINANCE No. I 048
PAGE FOUR
CEHIIFICAIt:. OF SKt:.ICH PLAT APPROVAL:
ALL REQUIREMENTS OF THE LlACKSONVILLE MUNICIPAL CODE RELATIVE TO THE
PREPARATION AND SUBMISSION OF A SKETCH PLAT HAVING BEEN FULFILLED, APPROVAL OF THIS
PLAT IS HEREBY GRANTED, SUBJECT TO FURTHER PROVISIONS OF SAID CODE.
DATE
CHAIR, LlACKSONVILLE PLANNING COMMISSION
CERTlFICAI t:. OF PRELIMINARY PLAT APPROVAL:
ALL REQUIREMENTS OF THE LlACKSONVILLE MUNICIPAL CODE RELATIVE TO THE
PREPARATION AND SUBMISSION OF A PRELIMINARY PLAT HAVING BEEN FULFILLED, APPROVAL OF
THIS PLAT IS HEREBY GRANTED, SUBJECT TO FURTHER PROVISIONS OF SAID CODE.
THIS CERTIFICATE SHALL EXPIRE ON
DATE
CHAIR, LlACKSONVILLE PLANNING COMMISSION
CERTlFICAIt:. OF LOT SPLITjREPLAT APPROVAL:
ALL REQUIREMENTS OF THE LlACKSONVILLE MUNICIPAL CODE RELATIVE TO THE
PREPARATION AND SUBMISSION OF A LOT SPLITjREPLAT HAVING BEEN FULFILLED, APPROVAL OF
THIS PLAT IS HEREBY GRANTED, SUBJECT TO FURTHER PROVISIONS OF SAID CODE.
DATE
CHAIR, LlACKSONVILLE PLANNING COMMISSION
LlMC 99 I 7.20.060(AHB) - CUL DE SAC AND DEAD END STREETS. I 7.20.060('~L
LENGTH OF A CUL DE SAC SHALL BE DETERMINED BY THE TOPOGRAPHY OF THE AREA, WITH
GENERAL LENGTHS NOT TO EXCEED SEVEN HUNDRED FIr- I f FEET (750') UNLESS SPECIAL
CIRCUMSTANCES WARRANT EXTENSION OF SAID DISTANCE.
17.20.060(B>' CUL DE SACS AND DEAD END STREETS SHALL TERMINAII:.. IN A TURNAROUND WITH
A PAVED RADIUS OF NO LESS THAN FORTY-SEVEN AND ONE-HALF FEET (47.51) TO THE BACK OF
CURB, APPLICABLE TO BOTH RESIDENTIAL AND COMMERCIAL DEVELOPMENT.
LlMC 9 I 7.20. I 50 - SUBDIVISION AND STREET NAMES. PARTIAL PHASING OF PHASES
OF SUBDIVISION(S) AND STREET NAME(S) FOR PLAT PURPOSES WILL GENERALLY NOT BE ALLOWED,
AND NO SUBDIVISION AND/OR STREET NAME SHALL BE MODIFIED OR CHANGED Ar- I ER FINAL PLAT
ApPROVAL HAS BEEN GRANTED BY THE PLANNING COMMISSION. ANY SUCH CHANGE OR
MODIFICATION WILL REQUIRE ADDITIONAL SUBMISSION FOR APPROVAL BY THE COMMISSION.
LlMC 9 I 7.20. I 90 - EROSION CONTROL PLAN. ANY CONTRACTOR, DEVELOPER,
LANDSCAPER, INDIVIDUAL, OR FIRM INVOLVED IN EXCAVATING OR FILLING OPERATIONS MUST SUBMIT
AND ADHERE TO AN EROSION CONTROL PLAN FOR APPROVAL BY THE CITY ENGINEER PRIOR TO THE
INITIATION OF ANY SUCH WORK. EROSION CONTROL SHALL BE MAINTAINED THROUGHOUT THE
LENGTH OF ANY SUCH PROJECT, AND SHALL BE SUBJECT TO INSPECTION
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D\.9
ORDINANCE No. 1 048
PAGE FIVE
AND APPROVAL/DISAPPROVAL BY THE CITY ENGINEER. EROSION CONTROL MAINTENANCE SHALL
REMAIN THE RESPONSIBILITY OF THE PROJECT CONTRACTOR/DEVELOPER UNTIL SUCH TIME AS TURF
IS ESTABLISHED.
0MC 9 17. 24.040(B)(C) - STREETS - CURB RADII - B) RADIus OF THE CURB IN A CUL-DE-
SAC TURNAROUND SHALL BE NOT LESS THAN 47.5 FEET FROM THE BACK OF THE CURB. RADIUS
OF THE INNER CURB SHALL BE SUCH THAT THE WIDTH OF PAVEMENT FROM BACK OF CURB TO BACK
OF CURB SHALL NOT BE LESS THAN THIt<1 (-SEVEN (37) FEET. C) RADII OF CURBS AT
STREET CORNERS OTHER THAN MAJOR STREETS AND HIGHWAYS SHALL NOT BE LESS THAN 25 FEET.
0MC 9 1 8.04. 1 60 - CONDITIONAL USES. ANY CONDITIONAL USAGE OF PROPERTY WITHIN
THE CITY LIMITS OF ~ACKSONVILLE SHALL BE APPROVED BY THE BOARD OF ADJUSTMENT. SAID
USAGES ARE LIMITED TO THOSE USAGES DESIGNATED AS POSSIBLE CONDITIONAL USES IN EACH
ZONING CLASSIFICATION.
0MC 9 18.26.020 - PERMITIED USES (R- I AL SINGLE FAMILY DWELLINGS, CHURCHES,
AND EDUCATIONAL FACILITIES SHALL BE INCLUDED AS A PERMIIIED USAGE.
0MC 9 18.26.030 - CONDITIONAL USES (R-I A>' DAY CARE FACILITIES SHALL BE
INCLUDED AS A CONDITIONAL USAGE.
0MC 9 18.28.020 - PERMIIIED USES (R-2L ANY USE PERMIIIED IN R-I ZONING SHALL
BE OMII I ED FROM PERMII I ED USES.
0MC 9 18.28.030 - CONDITIONAL USES (R-2>' ANY USE PERMIIIED IN R-I ZONING
SHALL BE INCLUDED AS A CONDITIONAL USAGE.
0MC 9 18.32.020 - PERMIIIED USES (R-3>' ANY USE PERMIIIED IN THE R-2 ZONING
SHALL BE OMII I ED FROM PERMII I ED USES.
0MC 9 18.32.030 - CONDITIONAL USES (R-3L ANY USE PERMII I ED IN THE R-2 ZONING
SHALL BE INCLUDED AS A CONDITIONAL USE.
0MC 9 18.36.020 - PERMIIIED USES (R-4). ANY USE PERMIIIED IN THE R-3 ZONING
SHALL BE OMII I ED FROM PERMII I ED USES.
0MC 9 18.36.030 - CONDITIONAL USES (R-4L ANY USE PERMIII ED IN THE R-3 ZONING
SHALL BE INCLUDED AS A CONDITIONAL USE.
0MC 9 18.38.020 - PERMIIIED USES (R-5>' ANY USE PERMIIIED IN R-O AND R-I
ZONES SHALL BE OMII I ED FROM PERMII I ED USES.
0MC 9 18.38.030 - CONDITIONAL USES (R-5>' ANY USE PERMIIIED IN R-O AND R-I
ZONES SHALL BE INCLUDED AS A CONDITIONAL USE.
0MC 9 18.40.020 - PERMITIED USES (C- I). ANY USE PERMIII ED IN R-O, R-I , R- 1 A,
R-2, R-3, R-4, R-5, AND PRIVATE CLUBS SHALL BE OMIIIED FROM PERMIIIED USES. DAY CARE
FACILITIES SHALL BE INCLUDED AS A PERMII I ED USE.
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ORDINANCE No. 1 048
PAGE SIX
~MC 9 18.40.030 - CONDITIONAL USES (C-I L ANY USE PERMIIIED IN R-O, R-I , R-I A,
R-2, R-3, R-4, R-5, STORAGE FACILITIES (MINI WAREHOUSES), RETAIL CONSUMER GOODS
STORES, AND RESTAURANTS SHALL BE INCLUDED AS A CONDITIONAL USE.
0MC 9 18.44.020 - PERMIIIED USES (C-2L ANY USE PERMIIIED IN R-2, R-3, R-4,
AND R-5 SHALL BE OMII I ED FROM PERMII I ED USES. DAY CARE FACILITIES SHALL BE INCLUDED
AS A PERMII I ED USE.
0MC 9 18.44.030 - CONDITIONAL USES (C-2L ANY USE PERMIIIED IN R-2, R-3, R-4,
C- i AND MINI-WAREHOUSES SHALL BE INCLUDED AS A CONDITIONAL USE.
0MC 9 18.48.020 - PERMIIIED USES (C-3L ANY USE PERMIIIED IN C-2 SHALL BE
OMII I ED FROM PERMII I ED USES.
~MC 9 18.48.030 - CONDITIONAL USES (C-3L ANY USE PERMIIIED IN R-2, R-3, R-4,
R-5, C- I , AND C-2 SHALL BE INCLUDED AS A CONDITIONAL USE.
~MC 9 18.52.020 - PERMIIIED USES (C-4L ANY USE PERMIIIED IN C-3 SHALL BE
OMII I ED FROM PERMII I ED USES.
0MC 9 18.52.030 - CONDITIONAL USES (C-4L ANY USE PERMIIIED IN R-2, R-3, R-4,
R-5, C-I , C-2, AND C-3 SHALL BE INCLUDED AS A CONDITIONAL USE.
0MC 9 18.56.025 - CONDITIONAL USES (M-I). ANY USE PERMIIIED IN C-I, C-2, C-3,
AND C-4, SHALL BE INCLUDED AS A CONDITIONAL USE.
0MC 9 18.60.030 - CONDITIONAL USES (M-2L ANY USE PERMIIIED IN C-I , C-2, C-3,
C-4, AND M- I SHALL BE INCLUDED AS A CONDITIONAL USE.
SELIION TWO:
ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH ARE
HEREBY REPEALED TO THE EXTENT OF SAID CONFLICT.
SECllON THREE: IT IS HEREBY ASCERTAINED AND DECLARED THAT EFFICIENT STATEMENTS
AND PROVISIONS OF THE ZONING LAws AND CLASSIFICATIONS OF THE CITY ARE NEEDED, AND
PASSAGE OF THIS ORDINANCE WILL INSURE SAID PROVISIONS. THEREFORE, AN EMERGENCY IS
HEREBY DECLARED, AND THIS ORDINANCE, BEING NECESSARY FOR THE IMMEDIATE PRESERVATION
OF PUBLIC HEALTH AND WELFARE, SHALL TAKE EFFECT AND BE IN FORCE FROM AND Ar-IER ITS
PASSAGE.
APPROVED AND ADOt-' I t..D THIS
19th
DAY OF October,
1995.
_- - 0 E
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TOMMY SWA1i- M"AYOR
AI lEST:
~iX.
LOt:t( t\1. LEONARD, CITY CLERK
ED AS TO FORM:
;J(: