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1722ORDINANCE NO. 1722 (#06 - 2023) AN ORDINANCE SETTING FORTH REQUIREMENTS FOR COMMERCIAL, DESIGN STANDARDS; AMENDING ORDINANCE NO. 213; CREATING JACKSONVILLE MUNICIPAL CODES §§ 16.22.010-16.22.060; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. WHEREAS, there is a need in the City of Jacksonville, Arkansas, to define the specific design standards for Commercial properties throughout the City of Jacksonville; and, WHEREAS, the Jacksonville Planning Commission has made certain recommendations to amend the existing Zoning Ordinance to reflect specific requirements for commercial design standards. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: Jacksonville Municipal Code 16.22 Commercial Design Standards, shall be created to include the following subsections: 16.22.010: Purpose The purpose of this section is to create a framework for ensuring that the design of buildings will either meet minimum design standards adopted by the community or be subject to public review by the Planning Commission. This section further seeks to maintain good civic design and arrangement within the commercial corridors and neighborhoods of the City, thereby assuring a desired aesthetic environment and a stable economic environment. It is the intent of this section to promote the development of buildings that: 1. Are designed to maintain a visual aesthetic that meets a consistent standard and protects the general welfare of the community. 2. Express individual design and creativity without detracting from the visual environment to the point at which the values of adjoining properties will be negatively affected. 3. Are appropriate to the context in which they reside; and 4. Generally, do not detract from the aesthetics of the location, area, and community as a whole. ORDINANCE NO. 1722 (#06 - 2023) Page Two 16.22.020: Application and Required Information 1. The regulations of JMC 16.05.020 shall apply to all buildings excluding, manufactured homes, one -unit dwellings, two -unit dwellings and small-scale multi- unit dwellings, residential accessory structures, and industrial structures. 2. Compliance with the standards shall be triggered by the following forms of construction activity: A . Construction of a new building. B . Modification to the exterior fagade of an existing structure. (The Administrative Official shall have the authority to waive these requirements in situations where compliance would detract from the visual appearance of the building due to the planned modifications being limited to only small portions of the building.) C . When a nonconforming structure is otherwise required to come into compliance with the provisions of this Zoning Code due to destruction or other reason. 3. The following information shall be provided by the applicant to determine compliance with these regulations: A . Rendered drawings of the front and side facade elevations of the building. B . Materials list for front and side facades, roof structures, and trim. C . Other pertinent information as may be required by the Administrative Official to determine compliance. 16.22.030: Procedures 1. Administrative Approval: The Administrative Official shall have authority to review and approve or deny a building design when it meets all the following conditions: A . The design of the building meets all the design standards contained in §16.22.050 of this section. B . The building does not exceed two stories in height. ORDINANCE NO. 1722 (406 - 2023) Page Three C . The building is part of a building permit application or site plan review which would not otherwise require approval by the planning commission. If the building requires site plan review, its design shall be reviewed as part of the site plan review process. If the building does not require site plan review, its design shall be reviewed as part of the building permit review process. 2. Planning Commission Approval: The Planning Commission shall review building design and approve or deny the design under the following situations: A . The design of the building does not meet all the design standards contained in this section, as determined by the Administrative Official. Such designs shall be treated as a Non -Standard Building and reviewed as such. B . The building exceeds two stories in height. C . The building is part of a site plan review application which requires approval by the planning commission. 16.22.040: Review of Building Design for Non -Standard Buildings When a building design does not meet the design standards it shall require review by the Planning Commission. After submission of the required information and a review period for the Administrative Official, the design shall be placed on the agenda for the next upcoming Planning Commission meeting. The submission deadlines and review period shall conform to the Planning Commission calendar established by the Administrative Official. To approve a design for a Non -Standard Building, the Planning Commission shall be required to find the following: 1. No discernible public benefit would be gained by requiring an alternative design; 2. The proposed design represents an innovative use of non-standard building materials to the extent that it is in harmony with the visual aspects of the location, area, and community as a whole; 3. The proposed construction meets the spirit and intent of this section of the Zoning Code. 16.22.050: Design Standards The following standards must be met to qualify as a Standard Commercial Building: 1. The finished facade of the front or any visible side of the building shall be composed of architectural building materials. This shall include any fagade that fully faces a public street or fire apparatus access lane that is also used for public access, including internal streets developed to serve a multiple building site. The visible side ORDINANCE NO. 1722 (#06 - 2023) Page Four of the building shall mean the forward Eight (8) feet of any side perpendicular to a street and all of a side on an angle of less than Ninety (90) degrees as measured from the street or fire apparatus access lane to the side of the building. Architectural building materials shall include: A. Exterior Insulation Finish Systems (EIFS) of Dryvit B . Brick or Brick Panel Systems C . Architectural or split concrete blocks excluding precision/standard concrete blocks known as CMU D . Glass E . Pre -cast Concrete F . Native stone or mortar G . Wood H . Tile I. Stucco J . Aluminum Composite Panels (ACP) K . Hardiplank or Fiber Cement Siding L . Metal Paneling with concealed fasteners (May not exceed 30% of the total area of any on fagade wall.) M . Metal Siding with a sine wave pattern (May not exceed 30% of the total area of any on fagade, wall.) 2. The building plans shall designate one fagade of the building as the front fagade of the building. This fagade shall have windows and doors comprising no less than fifteen (15) percent of its total square footage. 3. The vertical plane of the fagade designated as the front fagade of the building shall not be completely flat but shall be broken vertically in a least one location by a minimum of an eight inch (8") differential in the vertical plane for each fifty feet (50') of horizontal surface or a minimum of one (1) time. This requirement may be met by a recessed or extended entrance. 4. The front entrance of the building shall be covered and well -articulated. 5. In general, the building shall not represent a simple box -like structure and shall not be a temporary or portable building. 6. Mechanical equipment, whether ground -mounted or roof -mounted on any portion of the building must be placed or screened in such a manner that it is not visible from any public street or fire apparatus lane that is used for public access. 16.22.060: Appeals Appeal of Administrative Official Decision: Property owners or their agent may appeal decisions of the Administrative Official to the Jacksonville Planning Commission within thirty (30) days of the decision by submitting a written appeal to the Administrative Official. The Planning Commission shall hear the appeal at the ORDINANCE NO. 1722 (#06 - 2023) Page Five next scheduled meeting. Decisions of the Planning Commission may be appealed to the Jacksonville City Council by submitting a written appeal within thirty (3 0) days of the date of the Planning Commission decision. The appeal will be placed on the. City Council agenda in accordance with its adopted rules, but no less than sixty (60) days following the Planning Commission decision. Appeal of a Non -Standard Building: When the Planning Commission does not approve the design of a non-standard building, the applicant may appeal the decision to the Jacksonville City Council provided that the applicant submits a letter stating this intent to the Administrative Official within ten (10) days of the planning commission decision of denial. SECTION TWO: 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 THREE: This Ordinance, necessary for the continued efficient delivery of public services and for the benefit, health, safety, and welfare of the citizens of Jacksonville, should be implemented immediately. Therefore, an emergency is hereby declared, and this Ordinance shall be in force and effect from and after its date of passage. APPROVED AND ADOPTED THIS 2ND DAY OF MARCH, 2023. ATTEST: CITY OF JACKSONVILLE, ARKANSAS EF MORE, MAYOR _ SUSAN DA TT, CITY CLERK APPROVED AS TO FORM: STEP NIE FRIEDMAN, CITY ATTORNEY