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ORD NO 17-2019 CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. 1'7 -2019 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE NO. 07-1963 (AS AMENDED) TO REVISE THE PROCEDURES AND FEES FOR TEXT AMENDMENTS AND ZONING CHANGES, WITHIN THE CITY OF VAN BUREN, ARKANSAS,AND FOR OTHER PURPOSES. WHEREAS, the City adopted Ordinance 07-1963 relating to the zoning laws of the city of Van Buren, providing definitions, general provision; provisions governing zoning districts, exceptions and modifications, enforcement, and a Board of Adjustment, as allowed by A.C.A. 14-56-401 et. seq.; and WHEREAS, it has been determined by the City Council that there is a need to revise various sections of the ordinance to allow for a public notification procedure consistent with A.C.A. 14-56-42, to update the fees associated with rezoning applications, and provide clarification to the procedures for zoning code text and zoning map amendments; and WHEREAS, notice of a Public Hearing was duly published,and a Public Hearing was conducted by the Van Buren Planning Commission to consider these proposed amendments; and WHEREAS, the proposed changes herein were recommended by a majority vote of the entire Planning Commission. NOW, THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS,THAT: SECTION 1: Paragraph(b) of Article VI, Section 4 of Ordinance No. 07-1963, is amended to read as follows: (b) Application Procedure. The application for a conditional use permit shall be made to the Building Inspector by the property owner or any agent of the property owner. The application shall include an 8 1/2 x 11 inch Site Plan for proposed development. The fee for processing a conditional use application shall be $150. SECTION 2: Paragraph(c)(1)(a) of Article VI, Section 4 of Ordinance No. 07- 1963, is amended to read as follows: (c) Application and Processing Requirements. (1) The Planning Commission shall hold a public hearing on all requests for conditional uses after: (a) Publishing a notice in a newspaper of general circulation in the City at least one time fifteen (15) days prior to the public hearing, setting forth the time and place of such hearing and the conditional use proposed. SECTION 3: Article IX of Ordinance No. 7-1963 is amended to read as follows: ARTICLE IX. Zoning Code Text Amendment and Rezoning of Property 1. Zoning Code Text Amendment A proposed text amendment may be initiated by the city council, planning commission, or planning director. Any citizen of Van Buren may request in writing to the planning commission that a proposed text amendment be considered. The planning commission may initiate the proposed text amendment. The Planning Commission and the City Council shall act in accordance with the procedures set forth within this Article. 2. Property Rezoning and Text Amendment Procedures A. Fee. Any private party or parties desiring a zoning change or text amendment to the code shall pay an application fee of$275.00 plus all additional associated costs to the City Treasurer to cover the cost of public notices and related expenses. B. Petition. Any private party or parties desiring a zoning change upon payment of the above fee, shall submit to the Planning Commission a petition giving the legal description of the property, involved and the zoning classification requested for the property. The petition shall also include a statement and diagram explaining why the proposed changes will not conflict with surrounding land uses. C. Public Hearing. Upon receipt of a petition for a text amendment or a zoning change,the Planning Commission shall hold a public hearing after: (1) Publishing a notice in a newspaper of general circulation in the City at least one time fifteen(15) days prior to the public hearing, setting forth the time and place of such hearing and the text amendment or the zoning change proposed. (2) Posting a sign three (3) feet by four (4) feet in size at a conspicuous place on the property, fifteen (15) days prior to the date of the public hearing and on which is set forth the date and place of the hearing and the proposed zoning change. (3) Notifying by first-class mail anyone who owns property within three hundred (300) feet of the property being considered for zoning change. Such notification will indicate the date, time, and purpose for the public hearing. The notification must be mailed and dated at least fifteen (15) days prior to the public hearing held by the Planning Commission. D. Action by Planning Commission. Following the public hearing the proposed text amendment or rezoning may be approved as presented or in modified form by a majority of the Planning Commission and recommended for adoption by the City Council, with the reasons for such recommendations stated in writing. If the Planning Commission disapproves a proposed text amendment or rezoning, the reason for such disapproval shall be given in writing to the petitioner. If the Planning Commission neither approves nor disapproves the text amendment or rezoning within forty-five (45) days after receipt of a petition,the action on such text amendment or rezoning by said Planning Commission shall be deemed favorable. E. Action by the City Council. The City Council,by majority vote, may by ordinance adopt the recommended text amendment or rezoning submitted by the Planning Commission or may return the proposed text amendment or rezoning to the Planning Commission for further study and recommendation. If the City Council does not concur with the recommendations of the Planning Commission, either as first submitted or as submitted after restudy, the City Council may, by a majority vote, amend this Ordinance by granting the original request for text amendment and/or rezoning in full or in modified form. F. Appeal by Petition to City Council. Following disapproval of a proposed text amendment or rezoning by the Planning Commission the petitioner may appeal such disapproval to the City Council, provided that the petitioner states specifically in writing to the City Clerk why he considers the Planning Commission's findings and decisions are in error. Such appeal shall be filed with the City Clerk within fifteen (15) days from the date of the Planning Commission action. G. Re-petitions for Text Amendments and Rezoning of Property. No applications for text amendments or rezonings will be considered by the Planning Commission within twelve (12)months from the date of final disapproval of a proposed text amendment or a rezoning unless there is evidence submitted to the Planning Commission, which justifies reconsideration. SECTION 4: The passage and approval of these amendments to the Van Buren Ordinance 07-1963, as amended, will protect the health, safety, and/or welfare of the City and its citizens. Therefore, an emergency is declared to exist and this Ordinance, being necessary for the preservation of the public health, safety and/or welfare shall be in full force and take effect immediately upon after its passage. SECTION 5: The various provisions and parts of this Ordinance are hereby declared to be severable, and, if any section or part of a section, or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. IN WITNESS WHEREOF,the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of (s) for and V against,the foregoing Ordinance at its regular meeting held on the 28th of October 2019. if;s i ph '. urst • or ATTESTED: APPROVED AS TO FORM: Plqs Thomas : • ce A7141. le City Clerk/Treasurer City Attorney City of Van Buren, Arkansas Municipal Annex 111 North 12th Street • Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJECT: AMENDMENTS TO THE CONDITIONAL USE AND ZONING ORDINANCE AMENDMENT PROCEDURES DATE: OCTOBER 22,2019 On October 1,2019,I presented to the Planning Commission proposed amendments to the conditional use and zoning ordinance amendment process. The purpose of my recommendations is to address: 1) the public notice procedure and bring the Van Buren code into compliance with the A.C.A. 14- 56-422 and, 2) provide clarifications in the Van Buren code concerning a zoning map amendment(rezoning) and zoning code text amendments. A few examples include: 1) The Van Buren code states the requirement to publish a notice in a newspaper of general circulation at least one time thirteen (13) days prior the public hearing.However,A.C.A. 14- 56-422 requires a fifteen (15) day notice. (Wi have been pnrcticing and comping with the 15-day requirement.) 2) The Van Buren Code,does not clearly distinguish the different requirements for a text amendment and a zoning map amendment. In places the code refers to"amendments to the Ordinance"or"amendments".A.C.A. 4-56-416 says that the zoning ordinance shall consist of both a map and a text. It is advisable that our code clearly distinguish the different requirements and procedures required for a zoning code text amendment and a map amendment. Some examples: a. Article IX(2) (B) says that any party desiring an amendment to the ordinance (this could be a text or map per State law definition of ordinance) `...shall submit to the planning commission a petition giving the legal description "The proposed amendment makes it clear this is about a zoning change. b. Article IX(2) (C) (2) requires the posting of a sign on the property and specifically says"....is set forth the date and place of the hearing and the amendment."Signs are only required for a zoning change amendment not a text amendment.The proposed amendment adds the clarification that this is referring to a zoning change. c. Other amendments in Article IX add the clarification and distinction between a text amendment and a zoning change/map amendment. During the discussion of the amendments, the Planning Commission proposed two additional amendments.The two additional amendments are as follows: 1) Article IX Section 4 (conditional uses)requires the applicant to submit a site plan on 8 1/2 x 12 inch paper.The Planning Commission proposal is to change to the common paper size of 81/z x 11 inch paper. 2) Article IX(2)(A) currently requires an application fee of$275.00 to the City Treasurer to cover the cost of public notices and related expenses.The Planning Commission proposal is to change the fee to $275.00 plus all additional associated costs.The additional costs would be the cost of public notices.As an example using some recent rezoning applications.The proposed amendment is represented in the following table: Initial Application Costs $275.00 $30.00 (average) Publication of Public.Hearing $249.52(cost to publish Ordinance Cost of the ordinance publication No. 6-2019) Total cost to applicant $554.52 Attached for your review is a copy of the proposed Ordinance with all the proposed changes highlighted.Also, enclosed are copies of A.C.A. excerpts and the information sent to the Planning Commission. The proposed Ordinance includes my recommendations and the two additional Planning Commission recommendations.The Planning Commission recommends the amendments by a vote of 7 in favor and 0 opposed. CITY OF VAN BUREN,ARKANSAS ORDINANCE NO. -2019 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE NO. 07-1963 (AS AMENDED)TO REVISE THE PROCEDURES AND FEES FOR TEXT AMENDMENTS AND ZONING CHANGES, WITHIN THE CITY OF VAN BUREN, ARKANSAS,AND FOR OTHER PURPOSES. WHEREAS, the City adopted Ordinance 07-1963 relating to the zoning laws of the city of Van Buren,providing definitions,general provision;provisions governing zoning districts,exceptions and modifications,enforcement,and a Board of Adjustment, as allowed by A.C.A. 14-56-401 et. seq.; and WHEREAS, it has been determined by the City Council that there is a need to revise various sections of the ordinance to allow for a public notification procedure consistent with A.C.A. 14-56-42,to update the fees associated with rezoning applications, and provide clarification to the procedures for zoning code text and zoning map amendments;and WHEREAS, notice of a Public Hearing was duly published, and a Public Hearing was conducted by the Van Buren Planning Commission to consider these proposed amendments; and WHEREAS, the proposed changes herein were recommended by a majority vote of the entire Planning Commission;and NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: Paragraph(b)of Article VI,Section 4 of Ordinance No. 07-1963,is amended to read as follows: (b)Application Procedure. The application for a conditional use permit shall be made to the Building Inspector by the property owner or any agent of the property owner. The application shall include an 8 1/2 x 4-2--11 inch Site Plan for proposed development. The fee for processing a conditional use application shall be$150. SECTION 2: Paragraph(c)(1)(a)of Article VI, Section 4 of Ordinance No. 07- 1963,is amended to read as follows: (c)Application and Processing Requirements. (1)The Planning Commission shall . hold a public hearing on all requests for conditional uses after: (a) Publishing a notice in a newspaper of general circulation in the City at least one time thifteen 13 fifteen(15)days prior to the public hearing, setting forth the time and place of such hearing and the conditional use proposed. SECTION 3: Article IX of Ordinance No. 7-1963 is amended to read as follows: ARTICLE IX. Zoning Code Text Amendment and Rezoning of Property 1. Zoning Code Text Amendment . • . . _.. - - • •. . . : . . . . A proposed text amendment may be initiated by the city council,planning commission,or planning director. Any citizen of Van Buren may request in writing to the planning commission that a proposed text amendment be considered. The planning commission may initiate the proposed text amendment.The Planning Commission and the City Council shall act in accordance with the procedures set forth within this Article. 2.Property Rezoning and Text Amendment Procedures A. Fee.Any private party or parties desiring a zoning change or text amendment to the code shall pay an application fee of$275.00 plus all additional associated costs to the City Treasurer to cover the cost of public notices and related expenses. B. Petition_Any private party or parties desiring a zoning change an upon payment of the above fee,shall submit to the Planning Commission a petition giving the legal description of the property,involved and the zoning classification requested for the property. The petition shall also include a statement and diagram explaining why the proposed changes will not conflict with surrounding land uses. C.Public Hearing.Upon receipt of a petition for a text amendment or a zoning change,the Planning Commission shall hold a public hearing en ,after: (1)Publishing a notice in a newspaper of general circulation in the City at least one time thirteen-(1 fifteen(15)days prior to the public hearing,setting forth the time and place of such hearing and the text amendment or the zoning change proposed. (2) Posting a sign three (3) feet by four(4) feet in size at a conspicuous place on the property, fifteen (15) days prior to the date of the public hearing and on which is set forth the date and place of the hearing and the amendment proposed zoning change. (3)Notifying by first-class mail anyone who owns property within three hundred (300) feet of the property being considered for zoning change. Such notification will indicate the date,time, and purpose for the public hearing. The notification must be mailed and dated at least fifteen (15) days prior to the public hearing held by the Planning Commission. D. Action by Planning Commission. Following the public hearing the proposed text amendment or rezoning may be approved as presented or in modified form by a majority of the Planning Commission and recommended for adoption by the City Council,with the reasons for such recommendations stated in writing. If the Planning Commission disapproves a proposed text amendment or rezoning,the reason for such disapproval shall be given in writing to the petitioner. If the Planning Commission neither approves nor disapproves the text amendment or rezoning within forty-five(45)days after receipt of a petition ler-amen, the action on such text amendment or rezoning by said Planning Commission shall be deemed favorable. E. Action by the City Council. The City Council,by majority vote,may by ordinance adopt the recommended text amendment or rezoning submitted by the Planning Commission or may return the proposed text amendment or rezonin to the Planning Commission for further study and recommendation. If the City Council does not concur with the recommendations of the Planning Commission,either as first submitted or as submitted after restudy,the City Council may,by a majority vote,amend this Ordinance by granting the original request for text amendment and/or rezoning in full or in modified form. F.Appeal by Petition to City Council. Following disapproval of a proposed text amendment or rezoning by the Planning Commission the petitioner may appeal such disapproval to the City Council,provided that the petitioner states specifically in writing to the City Clerk why he considers the Planning Commission's findings and decisions are in error. Such appeal shall be filed with the City Clerk within fifteen(15)days from the date of the Planning Commission action. G.Re-petitions for Text Amendments and Rezoning of Property.No applications for text zoning amendments or rezonings will be considered by the Planning Commission within twelve(12)months from the date of final disapproval of a proposed text amendment or a rezoning unless there is evidence submitted to the Planning Commission,which justifies reconsideration. SECTION 4: The passage and approval of these amendments to the Van Buren Ordinance 07-1963,as amended,will protect the health, safety, and/or welfare of the City and its citizens. Therefore,an emergency is declared to exist and this Ordinance,being necessary for the preservation of the public health,safety and/or welfare shall be in full force and take effect immediately upon after its passage. SECTION 5: The various provisions and parts of this Ordinance are hereby declared to be severable,and,if any section or part of a section,or any provision or part of a provision herein,is declared to be unconstitutional, inappropriate,or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. IN WITNESS WHEREOF,the City of Van Buren,Arkansas,by its City Council,did pass, approve,and adopt,by a vote of for and against,the foregoing Ordinance at its regular meeting held on the 28th of October 2019. Joseph P.Hurst Mayor ATTESTED: APPROVED AS TO FORM: Phyllis Thomas Candice A. Settle City Clerk/Treasurer City Attorney Planning Commission • Staff report materials Agpnda Item 3b. City of Van. Buren, Arkansas Municipal Annex 111 North 12th Street • Van Buren, Arkansas 72956 PLANNING COMMISSION MEMORANDUM TO: PLANNING COMMISSION/BOARD OF ZONING ADJUSTMENT FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJECT: PROPOSED AMENDMENTS TO THE ZONING PROCEDURES DATE: SEP I'EMBER 23,2019 CC: The Arkansas Code has specific language with regard to public notice and amendments to the zoning ordinance. Upon a review of the Zoning Code I noticed some sections that need to be reviewed for the purpose of amending the code.The proposed amendments are attached with the proposed change being highlighted,deleted text has a strike out and new text is underlined. A summary of the proposed amendments are as follows: • Both the conditional use and the rezoning publication requirements state the publication must be at least thirteen(13) days prior to the public hearing.However,A.C.A. 14-56-422 (1)(B)requires the notice of public haring be published one time fifteen(15) days prior to the hearing. • ARTICLE IX Zoning Code Amendment and Rezoning of Property need several clarifications regarding the procedures for a text amendment and a map (rezoning) amendment.A.C.A. 14-56-416 (a) (2) says the ordinance shall consist of both a map and a text.Procedures for amending either the text or the map need to be clearly articulated in the ordinance. • Paragraph 1 as proposed will clarify that text amendments can be initiated by more than just the City Council.The Planning Commission,Planning Director or a citizen may request a text amendment. • Paragaphs 2A through 2G include changes to help clarify the procedural difference between a text amendment and a map (rezoning) amendment. Some of the paragraphs apply only to a proposed zoning procedure while others apply to both a text amendment and a rezoning. The intent is to make it dear the applicability of the section. I look forward to our discussion on this topic. Included with this memorandum are the proposed amendments and the referenced sections from the Arkansas Code. Please contact me if you have any questions or require additional information before the meeting. F { SECTION 4. Conditional Uses. (a)Purpose and Intent. This regulation is established to set standards used in reviewing and approving conditional uses and procedures for processing them. Certain uses are considered as conditional because of the potential harmful effects the use can cause to nearby property and because the requirements needed to eliminate those harmful effects vary from site to site. Thus,the Planning Commission,in considering each conditional use request,will review the overall compatibility of the planned use with surrounding property as well as such specific items as screening,parking and landscaping to make sure that no harmful effects occur to nearby property. (b)Application Procedure. The application for a conditional use permit shall be made to the Building Inspector by the property owner or any agent of the property owner. The application shall include an 81/2 by 12 inch site plan for proposed development. The fee for processing a conditional use application shall be$150.00. (c)Application and Processing Requirements. (1)The Planning Commission shall hold a public hearing on all requests for conditional uses after: (a)Publishing a notice in a newspaper of general circulation in the City at least one time thirteen-(4-3)fifteen(15) days prior to the public hearing,setting forth the time and place of such hearing and the conditional use proposed. (b)Posting a sign three(3)feet by four(4)feet in size at a conspicuous place on the property,fifteen(15)days the date of the public hearing and on which is set forth the date and place of the hearing. (c) Notifying by first-class mail anyone who owns property within three hundred(300)feet of the property being considered for a conditional use. Such notification will indicate the date,time, and purpose for the public hearing. The notification must be mailed and dated at least fifteen (15)days prior to the public hearing held by the Planning Commission. The application should include: (A)A description of the present land use. (B)A description of the proposed uses indicating hours of operation,number of employees,etc. (C)A description of the measures to be taken to insure compatibility of the proposed use with surrounding neighborhood (e.g. building design,landscaping,fence and'site improvements (D)A description of the possible adverse impacts such as noise,smoke,fumes, traffic,vibrations or other hazards and a description of how these conditions will be minimized. (E)The Building Inspector and Planning Commission reserve the right to require additional information which would enable the Commission to determine the appropriateness of the use for which application has been made. ARTICLE IX. Zoning Code Text Amendment and Rezoning of Property 1. Zoning Code Text Amendment A proposed text amendment may be initiated by the city council,planning commission, or planning director. Any citizen of Van Buren may request in writing to the planning commission that a proposed text amendment be considered. The planning commission may initiate the proposed text amendment.The Planning Commission and the City Council shall act in accordance with the procedures set forth within this Article. 2. Property Rezoning Procedure A. Fee.Any private party or parties desiring a zoning change or text amendment to the code shall pay a fee of$275.00 to the City Treasurer to cover the cost of public notices and related expenses. B Petition,Any private party or parties desiring a zoning change an upon payment of the above fee,shall submit to the Planning Commission a petition giving the legal description of the property,involved and the zoning classification requested for the property. The petition shall also include a statement and diagram explaining why the proposed changes will not conflict with surrounding land uses. C. Public Hearing.Upon receipt of a petition for a text amendment or a zoning change,the Planning Commission shall hold a public hearing en-deposed amendment,after: (1)Publishing a notice in a newspaper of general circulation in the City at least one time thirteenfifteen(15)days prior to the public hearing,setting forth the time and place of such hearing and the text amendment or the zoning change proposed.(Ornanee-Ne: 13 1974) (2)Posting a sign three(3)feet by four(4)feet in size at a conspicuous place on the property, fifteen (15) days prior to the date of the public hearing and on which is set forth the date and place of the hearing and the amendment proposed zoning change. (3) Notifying by first-class mail anyone who owns property within three hundred (300) feet of the property being considered for zoning change. Such notification will indicate the date,time, and purpose for the public hearing. The notification must be mailed and dated at least fifteen (15) days prior to the public hearing held by the Planning Commission. D. Action by Planning Commission. Following the public hearing the proposed text amendment or rezoning may be approved as presented or in modified form by a majority of the Planning Commission and recommended for adoption by the City Council,with the reasons for such recommendations stated in writing. If the Planning Commission disapproves a proposed text amendment or rezoning,the reason for such disapproval shall be given in writing to the petitioner. If the Planning Commission neither approves nor disapproves the text amendment or rezoning within forty-five(45)days after receipt of a petition for-amendment,the action on such text amendment or rezoning by said Planning Commission shall be deemed favorable. E. Action by the City Council. The City Council,by majority vote,may by ordinance adopt the recommended text amendment or rezoning submitted by the Planning Commission or may return the proposed text amendment or rezoning to the Planning Commission for further study and recommendation. If the City Council does not concur with the recommendations of the Planning Commission,either as first submitted or as submitted after restudy,the City Council may,by a majority vote, amend this Ordinance by granting the original request for text amendment and/or rezoning in full or in modified form. F. Appeal by Petition to City Council. Following disapproval of a proposed text amendment or rezoning by the Planning Commission the petitioner may appeal such disapproval to the City Council,provided that the petitioner states specifically in writing to the City Clerk why he considers the Planning Commission's findings and decisions are in error. Such appeal shall be filed with the City Clerk within fifteen (15)days from the date of the Planning Commission action. G.Re-petitions for Text Amendments and Rezoning of Property.No applications for text amendments or rezonings will be considered by the Planning Commission within twelve(12)months from the date of final disapproval of a proposed text amendment or a rezoning unless there is evidence submitted to the Planning Commission,which justifies reconsideration. Page 1 of 2 Lexis Advance® Document:A.C.A.§ 14-56-416 A.C.A. § 14-56-416 Copy Citation l Current through all laws of the 2018 Fiscal Session and 2018 Second Extraordinary Session,including changes and corrections by the Arkansas Code Revision Commission. Arkansas Code Annotated Title 14 Local Government Subtitle 3.Municipal Government Chapter 50 Municipal Building And Zoning Regulations--Planning Subchapter 4--Municipal Planning 14-56-416, Zoning ordinance. (a) (1) Following adoption and filing of the land use plan,the commission may prepare for submission to the legislative body a recommended zoning ordinance for the entire area of the municipality. (2) The ordinance shall consist of both a map and a text. (3) (A) The ordinance may regulate the location,height,bulk,number of stories,and size of buildings;open space; lot coverage;density and distribution of population;and the uses of land,buildings,and structures. (B) The ordinance may require off-street parking and loading. (C) The ordinance may provide for districts,of compatible uses,for large scale unified development,for elimination of uses not In conformance with provisions of the ordinance,and for such other matters as are necessary to the health,safety,and general welfare of the municipality. (D) The ordinance shall Include provisions for administration and enforcement. (E) (i) The ordinance shall designate districts or zones of such shape,size,or characteristics as deemed advisable. (ii) The regulations imposed within each district or zone shall be uniform throughout the district or zone. (b) (1) The ordinance shall provide for a board Of zoning adjustment,which may either be composed of at least three (3)members,or the commission as a whole may sit as the board of zoning adjustment. (2) The board shall have the following functions: (A) Hear appeals from the decision of the administrative officers in respect to the enforcement and application of the ordinance,and may affirm or reverse,In whole or In part,the decision of the administrative officer; (B)(i) (a)Hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the ordinance would cause undue hardship due to circumstances unique to the individual property under consideration,and grant such variances only When it is demonstrated that such action will be in keeping with the spirit and Intent of the provisions of the ordinance. haps://advance.lexis.com/dooumentprint/documentprintclick/?pdmfid=1000516&crid=c92... 9/17/2019 Page 1 of 2 Lexis Advance® Document:A.C.A.§14-56-420 • A.C.A. § 14-56-420 Copy Citation Current through all laws of the 2018 Fiscal Session and 2018 Second Extraordinary Session,including changes and corrections by the Arkansas Code Revision Commission. Arkansas Code Annotated Title 14 Local Government Subtitle 3.Municipal Government Chapter 56 Municipal Building And Zoning Regulations--Planning Subchapter 4--Municipal Planning 14-56-420. Adoption and amendment procedures. Any of the recommended ordinances and regulations that may.be prepared by the commission shall be adopted or amended only in conformance with procedures specified in§14-56-422. History Acts 1957,No.186,§5; 1965,No. 134,§1;A.S.A. 1947,§19-2829. Arkansas Code of 1987 Annotated Official Edition ®2019 by the State of Arkansas All rights reserved. • Content Type: Terms: Narrow By:-None- Date and Time:Sep 16,2019 03:35:16 p.m.CST https://advance.lexis.com/documentprint/documentprintclick/?pdmfid=1000516&crid=af8... 9/16/2019 Page.1 of 2 Lexis Advance® Document:A.C.A.§ 14-56-422 A.C.A. § 14-56-422 Co Ci ation nv x Current through all laws of the 2018 Fiscal Session and 2018 Second Extraordinary Session,Including changes and corrections by the Arkansas Code Revision Commission, Arkansas Code Annotated Title 14 Local Government Subtitle 3.Municipal Government Chapter 56 Municipal Building And Zoning Regulations--Planning Subchapter 4--Municipal Planning 14-56-422. Adoption of plans, ordinances, and regulations. All plans,recommended ordinances,and regulations shall be adopted through the following procedure: (1) (A) The planning commission shall hold a public hearing on the plans,ordinances,and regulations proposed under this subchapter. (B) Notice of public hearing shall be published in a newspaper of general circulation In the city at least one(1)time fifteen(15)days prior to the hearing. (C) Notice by first dass mall to the boards of directors of all school districts effected by a proposed plan,ordinance, or regulation shall be provided sufficiently in advance to allow representatives of all affected school districts a reasonable opportunity to submit comments on any proposed plan,ordinance,or regulation. (2) Following the public hearing,proposed plans may be adopted and proposed ordinances and regulations may be recommended as presented or In modified form by a majority vote of the entire commission. (3) Following its adoption of plans and recommendation of ordinances and regulations,the commission shall certify adopted plans or recommended ordinances and regulations to the legislative body of the city for its adoption. (4) The legislative body of the city may return the plans and recommended ordinances and regulations to the commission for further study or recertification or by a majority vote of the entire membership may adopt by ordinance or resolution the plans and recommended ordinances or regulations submitted by the commission.However,nothing in this subchapter shall be construed to limit the city council's authority to recall the ordinances and resolutions by a vote of a majority of the council. (5) Following adoption by the legislative body,the adopted plans,ordinances,and regulations shall be filed in the office of the city clerk.The city clerk shall file the plans,ordinances,and regulations as pertain to the territory beyond the corporate limits with the county recorder of the counties in which territorial jurisdiction is being exercised. History https://advance.lexis.com/documentprint/doculnentprintclick/?pdmfid=1000516&erid=cfec... 9/16/2019