Unless otherwise restricted by applicable laws, legislative action, ordinances, or regulations, the provisions of this Ordinance shall apply to future development and use of all real property lying within the area designated and as more particularly described below:

Beginning at the SW corner of the intersection of the East Main Street right-of-way and the Oak Street right-of-way; thence northeast along the south right-of-way line of East Main Street to the northwest right-of-way line of Union Pacific Railroad; thence southwesterly along said right-of-way line to the centerline of Division Street; thence northwesterly along Division Street to the centerline of South Second Street; thence northeasterly along the centerline of South Second Street to the centerline of Mulberry Street; thence west along Mulberry Street to the center line of Warren Street; thence south along Warren Street to the centerline of Lenora Street; thence west along Lenora Street to the centerline of Dupree Drive; thence southeasterly along Dupree Drive to the centerline of Louise Street; thence west along the centerline of Louise Street to South James; thence continue west along the north line of the South ½ of NW ¼ of Section 30, T-3-N, R-10-W, 1466.85'; thence north 798.87'; thence east 490.88' to the west right-of-way line of Hospital Drive; thence north along said right-of-way line to the south line of West Main Street; thence west along the south line of West Main Street to the centerline of Crestview Drive; thence north along the centerline of Crestview Drive to the centerline of Vine Street; thence east along the centerline of Vine Street to the centerline of James Street; thence south along the centerline of James Street to the centerline of Poplar Street; thence east along the centerline of Poplar Street to the east right-of-way of State Highway 161; thence south along the east right-of-way to the centerline of Center Street; thence southeasterly along Center Street to the centerline of Graham Road; thence east along Graham Road to the southeast right-of-way of Elm Street; thence southwest along the southeast right-of-way of Elm Street to the southwest right-of-way of East Main Street; thence northwest along the southwest right-of-way of East Main Street to the southwest corner of Oak Street and East Main Street and the point of beginning.

(General Description: That real property along and within two (2) blocks north and south of Main Street from Sharp Street to Elm Street, Jacksonville, Arkansas.

(Ord. 1224, § 1, 2004)

The Mixed Use Overlay District (MUOD) is hereby created for the purpose of:

a)

Enhancing the development of a revitalization of Main Street;

b)

Creation of an Overlay District applicable to the classifications and designations of zoning provision within this Code;

c)

Address public concerns created by violations of the MUOD; and

d)

Enhance and preserve economic value and community development within the MUOD.

(Ord. 1224, § 1, 2004)

Construction and/or development of a mixture of residential housing and commercial areas within the Mixed Use Overlay District shall provide a greater accessibility to affordable housing and closer proximity to business for those who desire and/or need such housing arrangements. It shall promote ownership of real estate opportunities for small business owners, who can now join business and housing costs within the same property to more efficiently use their assets, and will serve to enhance revitalization of the downtown area.

Future use of properties within the MUOD shall be reviewed for population and business density concerns to insure compliance with concerns and provisions of the Jacksonville Municipal Code, the Building Code, and Arkansas law.

(Ord. 1224, § 1, 2004)

Construction and/or rehabilitation of any business or housing facility or structure shall comply with all applicable provisions, guidelines, and directives of the current edition of the International Building Code, Jacksonville Municipal Code, and the Planning Commission.

(Ord. 1224, § 1, 2004)

The following conditions, permissible uses, prohibitions, and restrictions shall apply:

a)

Business locations will be primarily located on ground level of any structure, and residential properties will primarily be located above or between commercial establishments;

b)

All construction shall meet or exceed provisions of the Jacksonville Municipal Code;

c)

All residential properties shall be oriented in a manner consistent with the majority of residential and commercial properties within the immediate area;

d)

Parking shall be provided for residential properties in the following manner and ratio: One and one-half (1.5) parking spaces per residence; and

e)

Parking shall be provided for commercial properties in the following manner and ratio: One (1) parking space for every Two Hundred Square Feet (200 SF) of office/retail space.

f)

Any and all Alcohol by the Drink sales occurring within this Overlay District must be from within a duly authorized and licensed business(es), entity(ies), and/or facility(ies) operating in compliance with all applicable local, state, and federal laws and regulations.

(Ord. 1224, § 1, 2004; Ord. 1580, § 6, 2018)

a)

Enforcement. Terms and conditions of this Ordinance shall be enforced by Jacksonville Code Enforcement Office in a progressive manner. Notification of violations and/or non-compliance shall be in writing and provide the recipient with specific reference(s) to provisions violated. Continued and/or additional violation(s) should result in citation(s) issued to the responsible party(ies), to include but not be limited to the property owner, property manager, agent and/or tenant. Citations shall be presented to and adjudicated in the Jacksonville District Court.

b)

Penalties. In the event a property owner, property manager, agent, and/or tenant pleads or is found guilty of a violation of the terms of this Ordinance, the violator(s) shall be assessed a fine of no less than Twenty-five Dollars ($25.00) and no more than Five Hundred Dollars ($500.00), together with applicable costs, for any such offense. Each day that conditions in violation of the terms of this Ordinance exist shall constitute a separate offense.

(Ord. 1224, § 1, 2004)