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1110 C\O\ 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: 1/) )?,,/' .11 [' ) (y~ ~. c::?~ LULA M. HAWKINS, CITY CLERK 7JVED AS T ( 1,\ . \ ~ \ ROBE')T E. BAM