HomeMy WebLinkAbout1984-07-01 ORDINANCE NO. - e7 -
AN
7 -AN ORDINANCE AMENDING THE CITY OF BATESVILLE ZONING CODE SECTION
XIII - ADMINISTRATION, SUBSECTION II - CHANGES IN ZONING DISTRICT
CLASSIFICATIONS , SUB-SUBSECTION "A" - INITIATION AIND PROCEDURE
FOR CHANGE IN ZONING CLASSIFICATIONS , DECLARING AN EMERGENCY
AND FOR OTHER PURPOSES:
WHEREAS, the Batesville City Zoning Cade now requires the City
Planning Commission to make a determination, upon each rec;uest
for a change in zoning classifications, of whether the proposed.
change is to constitute a new district or is an extension of an
existing district; and,
WHEREAS , said requirement is unnecessary, confusing and time
consuming.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,
ARKANSAS:
Section 1: That Section XIII - Administration, Subsection II -
Change in zoning district classifications, Sub-subsection "A" -
Initiation and procedure for change in zoning classifications,
paragraphs one and two, are hereby amended to delete two
sentences or references to a determination by the City Planning
Commission of whether a proposed change in a zoning classification
is an extension of an existing district or creates a new district,
this being the only change or amendment to this code, all other
sections, subsections or sub-subsections and paragraphs remaining
in full force and effect and unchanged unless specifically set
out herein, said paragraphs one and two of said Section XIII ,
Subsection II , Sub-subsection "A" , Paragraphs one and two shall
read as follows:
II. Changes in Zoning District Classifications
A. Initiation and Procedures for Change in
Zoning Classification
1. A proposed change in a zoning district
classification may be initiated by a
letter of request by one or more owners
or lessees of property within the area
proposed to be changed. Such a letter
shall be addressed to the Planning
Commission and shall be filed with the
Secretary of the Planning Commission
who will provide the proponent for
change with the necessary application
• -Forms as set out further herein.
2 . The proponent of the chance shall file
an application for change in zoning
classification on forms provided by
j
the Planning Commission who shall
schedule same for a public hearing
before the Commission not less than
thirty (30) days and not more than
ninety (90) days from date of filing.
The Commission shall Publish or reauire
the applicant to publish a notice upon
approval of the Planning Commission
of the time and Place of the public
hearing on the proposed change in
zoning district classification, which
notice shall be published at least
once not less than fifteen (15) days
preceding the date of such hearing,
in an official paper or a paper of
general circulation in Batesville;
said notice shall contain description
of property and change proposed. The
cost of the publication of the
notice shall be paid for by the
applicant. The Planning Commission
shall give or cause to be coven such
additional notice of such hearing to
interested persons and organizations
as it shall deem feasible and practi-
cable.
Section 2: That no other portion of the zoning ordinance be
changed other than those changes made in the above two paragraphs
of the ordinance. Further, if any part or parts of this ordinance
shall be declared unconstitutional or unlawful by any Court of
competent jurisdiction, -her that part or parts of said owdinance
declared to be unconstitutional or otherwise unlawful shall be
severed from this ordinance and all other portions of this
ordinance shall remain in full force and effect as if those
portions declared unlawful or unconstitutional were never a
part thereof.
Section 3: E1,1ERGENCX CLAUSE: Whereas, the Batesville Zoning
Ordinance now requires the City Planning Commission to make a
determination upon each and every change in zoning classifications
of whether such change is an extension of an existing district
or creates a new district, said procedure being entirely unnecessary
irrelevant to the zoning request, time consuming and creates
confusion which only impedes the zoning process . The City
Council finds that this ordinance deleting said requirement from
the Batesville City Zoning Ordinance is necessary for the
protection of the public ' s health , safett7 and welfare , an
emergency is hereby declared to exist and this ordinance shall
be in full force and effect from and after the date of its
passage.
ADOPTED this laf day of 1981,
APPROVED:
Sr irrel l , Mayor
ATTEST:
Larry Williams, City Clerk