File #: ORD-14:056    Version: 1 Name: Amend Chapter 117 to clarify the appeals process for conditional use reviews
Type: Ordinance Status: Passed
File created: 8/28/2014 In control: Public Works Council Committee
On agenda: 9/2/2014 Final action: 9/16/2014
Title: AN ORDINANCE TO AMEND CHAPTER 117, ARTICLE V. CONDITIONAL USES, SECTION 117-199, SECTION (3) C., OF THE CODE OF ORDINANCES OF THE CITY OF JONESBORO, ARKANSAS, TO CLARIFY THE APPEAL PROCESS FOR CONDITIONAL USE REVIEWS BY THE METROPOLITAN AREA PLANNING COMMISSION, AND DECLARING AN EMERGENCY TO UPDATE THE EXISTING ORDINANCES FOR THE PURPOSE OF PROMOTING AND ACCOMMODATE SOUND GROWTH WITHIN THE DEVELOPMENT COMMUNITY
Sponsors: Planning
Indexes: Code of Ordinances amendment
Code sections: Chapter 117 - Zoning
Attachments: 1. MEMO_Conditonal Use Appeals MAPC Report, 2. Proposed Ordinance_Conditional Use Appeals_Markup, 3. Conditional Use Appeal Process_Memo of Research
Title
AN ORDINANCE TO AMEND CHAPTER 117, ARTICLE V. CONDITIONAL USES, SECTION 117-199, SECTION (3) C., OF THE CODE OF ORDINANCES OF THE CITY OF JONESBORO, ARKANSAS, TO CLARIFY THE APPEAL PROCESS FOR CONDITIONAL USE REVIEWS BY THE METROPOLITAN AREA PLANNING COMMISSION, AND DECLARING AN EMERGENCY TO UPDATE THE EXISTING ORDINANCES FOR THE PURPOSE OF PROMOTING AND ACCOMMODATE SOUND GROWTH WITHIN THE DEVELOPMENT COMMUNITY
Body
BE IT ORDAINED by the City Council for the City of Jonesboro, Arkansas that:

WHEREAS, the Arkansas State Code grants local governments the authority to adopt a Zoning Ordinance under Section 14-56-416, which consists of both a map and text, and

WHEREAS, such 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, and

WHEREAS, Arkansas State Code Section 14-56-425 establishes procedures for appeals to circuit court on administrative decisions of such zoning issues, and

WHEREAS, the Metropolitan Area Planning Commission considered the subject text amendment and forwards its recommendation to the City of Jonesboro Public Works Council Committee for further consideration, as voted on during its regular session on August 26, 2014.

NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF JONESBORO THAT:

SECTION 1: ARTICLE V. CONDITIONAL USES, SECTION 117-199, SECTION (3) C. SHALL BE AMENDED TO READ AS FOLLOWS:

If the planning commission disapproves or denies a conditional use application, the reasons for such action shall be given to the applicant with 15 days from the date of the decision. The applicant may appeal such commission action, or any condition placed upon application approval, to the city council within 30 days of the commission's action. A property owner or leaseholder who owns or leases property within 200 feet of the subject property to which the conditional u...

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