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0699 /00 ORDINANCE NO. 699 AN ORDINANCE DEFINING SITE BUILT DWELLING, MOBILE HOME, AND MANUFACTURED HO}1ES AND Al'1ENDING ORDINANCE NUMBER 213, (ZONING ORDINANCE), AS AMENDED BY ORDINANCES NO. 453, 454 AND 666; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF JACKSONVILLE, ARKANSAS, THAT: SECTION 1: Ordinance No. 213, Section 20l,is hereby amended as follows: 18.08.250 Dwelling, one family, site built "One-family, site built dwelling" means a detached site built building designed, arranged or used for or occupied exclusively by one family. 18.08.260 Dwelling, two family, site built "Two-family, site built dwellingP means a site built building designed, arranged or used or occupied exclusively by two families, living independently of each other. 18.08.270 Dwelling, multiple, site built "t-1ultiple, site built, dwellingn means a site built building or portion thereof used or designated as a residence for three or more families as separate housekeeping units, including apartments and apartment motels. 18.08.450 Mob ile Home Mobile Homes~ The mobile home is a transportable dwelling unit built prt'or to June 15, 1976 (H.U.D, CODE). which is greater than 320 square feet, and designed to be used as a year-around residential dwelling~ It's roofing or siding are not of materials customarily used for site constructed homes and is, traditionally~ the most common type seen. (It is rectangular, flat~roofed, and metal sided.) SECTION 2~ Ordinance No. 213, Section 201, is hereby amended by adding the following new section; 18.08.445 Manufactured Homes Manufactured Homes; A dwelling un~t bu~lt in a factory after 1976 and bearing a seal of c0mpliance to the H,U,D. construction code. t1anufactured homes are further divided into 3 categories. They are~ Single Section Manufac'tur'ed Home ~ This home looks for all p~actical purposes like the pre~1976 mobile home in it's shape and configuration. The difference is that it is built to the H,U.D, code assuring a better qual~ty construction. The single sectioned manufactured house is assembled on its own steel structural frame which can become its permanent foundation and is pulled to the site as one untt~ 101 -2- Multi-Section Manufactured Home - A home built, usually, in two sections that looks for all aesthethic purposes like a site built house. It's pitched roof and siding are of materials customarily used for site-constructed homes. The multi section manufactured home is assembled on its own steel structural frame which can become its permanent foundation and is pulled to its site in two, three or more sections. Modular Home (Manufactured) - The modular house is not only built to meet the standards of the H.U.D. code but also adheres to local building codes. The modular home is built without any foundation and is hauled on a trailer to the site where it is placed on a site built foundation. SECTION 3: Ordinance No. 213, Section 601, as amended by Ordinance 453, Section 1, and Ordinance No. 454, Section 1, is hereby amended to read as follows: 18.16.010 Districts-Established In order to regulate and restrict the location and use of buildings, structures and land for residential, commercial, industrial or other purposes, and the location of buildings and other structures erected or altered for specified uses, and to regulate and limit the height and bulk of buildings and other structures hereafter erected or altered, and to regulate and determine the area of yards and other open spaces, and to regulate and limit the density of population, the city is divided inuo districts of which there shall be thirteen, known as: A-I R-O R-l R-lA R-2 R-3 R-4 R-5 C-l C-2 C-3 C~4 M~l M-.2 F-l Agriculture District ~ agricultural One-family, Site Built District - residential One-family, Site Built District - residential One-family, Site Built District ~ residential Two~family, Site Built District - residential Multi-family, Site Built District - residential Manufactured Housing District - residential Zero Lotline One~family, Site Built District - residential Quiet Business District ~ commercial Shopping Center District ~ cOlll1llercial Highway C0'11ullercial Dis tric t ~ commercial General COllullercial Dis trict ~ commercial Light Industrial District ~ industrial Heavy Industrial District ~ industrial Flood District - Conservation SECTION 4: Ordinance No~ 213, Art. VIII is hereby amended to read as follows % 18.24.010 Purpose for establishment The R~O and R~l districts are established to permit the developing of single-family, site built, detached dwellings and certain community facilities in a suitable environment of low density development and to protect and maintain existing low density single-family development. SECTION 5: Ordinance No. 666, Section 1, is hereby amended to read as follows: 18.24.020 Permitted Uses The pe1111itted uses in the R-O and R-l districts are: -3- I~ Single-family, site built, dwellings Schools Institutions of an educational or philanthropic nature Churches, religious organizations and religious training Public parks and recreation facilities Public utilities rights-of-way Day care family homes* - provided the following criteria is met and properly submitted to the City of Jacksonville by the applicant: 1. The applicant will submit with application for day care family home statements from all occupied real property owners either abutting or within 25 feet of the applicant's property that they have no objection to a day care family home. An exception to the above will be made when a collector street separates completely the real properties in issue~ When a collector street so separates, no statement of objection will be necessary. By boundaries the City does not exclude easements. Easements will not exclude property from the above rules except when a collector street or larger is involved. Likewise, the legal description on a deed will be con- clusive on the part of the City unless rebutted by a reputable surveyor. 2. Along with the above mentioned statements of no objection the applicant must sign a disclaimer drafted by the City acknowledging that the applicant must submit the statement of no objection annually~ The disclaimer will also say that failure to submit such statement of no objection annually will prevent the day care family center from continuing operation. 3. Applicant will also file a certified copy of the Bill of Assurance if their property is in a platted subdivision. This requirement shall also put the applicant on notice that the City will prosecute/or assume any requirements included in the Bill of Assurance of the applicant. 4. Further, applicant must file an application for a license with the State of Arkansas Department of Human Services in order to comply with the requirements of the Jacksonville Application. The regulation of the State of Arkansas Depantment of Health Service will be considered governing upon the City of Jacksonville. 5. Application for a Day Care family home should be made to the Jacksonville Code Enforcement Officer, with right of rev'iew by the Jacksonville Engineering Department. A further review will be allowed by application under applicable state law to the Jacksonville Board of Adj us tmen t . *as defined by the State of Arkansas Department of Human Services~ SECTION 6: Ordinance No~ 213, as amended by Ordinance No. 454 Section 2, is hereby amended to read as follows: 18.26.010 Purpose of establishment The R-lA district will provide for higher density development than R-O and R-l districts, yet retaining single-family, site built, detached housing; thus, reducing land and development costs making single-family, site built, detached housing available for lower income and smaller f.!amilies. /03 -4- 18.26.020 Permitted uses The permitted uses in the R-lA district are: Single-family, site built dwellings Any use permitted in R-O and R-l districts. SECTION 7: Ordinance No. 213, Art. IX and Ordinance No. 213, Section 901, are hereby amended as follows: 18.28.010 Purpose for establishment The R-2 district is established to permit the developing of single-family and two-family site built dwellings in a spacious environment and to protect existing neighbor- hoods of single and twcl-family site built dwellings. 18.28.020 Permitted uses Permitted uses in the R-2 district are: Any use permitted in the R-l district Two-family site built dwellings SECTION 8: Ordinance No. 213, Article X, and Ordinance No. 213, Section 1001, are hereby amended to read as follows: 18.32.010 Purpose for establishment The R-3 district is designed to provide for areas already developed with high density multi-family site built dwellings and areas where similar development appears desirable. 18.32.020 Permitted uses Permitted uses in the R-3 district are: Any use permitted in the R-2 district Multi-family site built dwellings Townhouses Roominghouses and boardinghouses Institutions for children or the aged (not including penal or correctional) Hospitals and clinics Personal service shops for barbering, beauty culture and physical culture Private clubs and lodges Community facilities SECTLON 9: Ordinance No. 213, Article XI and Ordinance No. 213, Section 1101, are hereby amended as follows: 18.36.010 Purpose for establishment The R-4 district is designed to provide for the developing of properly planned manufactured housing subdivisions and mobile hom~ parks in residential environments and to protect and maintain -exist- tng mobile home parks. 18.36.020 Permitted uses Permitted uses in the R-4 district are: Any use permitted in the R-3 district One-family manufactured home, provided that not more than one manufactured home shall be on one lot except as part of a manufactured housing park. -5- l~ Mobile Home park with a minimum of 3 acr~s under single ownership Goin-operated laundry SECTION 10: All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 11: The uncertainty of proper areas for manu- factured housing and the need for continued implementation of the intent of zoning ordinances has created confusion and controversy. An emergency is therefore declared and this ordinance being necessary for preserv.ation of the public peace, health and safety shall be in full force and effect from and after its passage. APPROVED AND ADOPTED THIS 1983, WITH THE EMERGENCY CLAUSE. ORDINANCE EFFECTIVE IMMEDIATELY. 17th DAY OF Fepruary CITY OF JACKSONVILLE, ARKANSAS 4~-/ ATTEST: ( ~) ~~ 51. CITY CLERK ~. APPROVED AS TO FORM: ~~ c4fATTORNI!:Y 0