5485 RESOLUTION NO 5,485
A RESOLUTION OPPOSING A PROPOSED LEGISLATIVE
BILL WHICH WOULD DENY MUNICIPALITIES ANY
PLANNING AND ZONING POWER OUTSIDE THE CORPORATE
LIMITS OF SUCH MUNICIPALITIES; AND FOR OTHER
PURPOSES
WHEREAS , there is pending before the Arkansas Legislature
a proposed Bill which would deny any municipality the authority
to exercise any planning and zoning control over the use of
lands situated outside the corporate limits of such municipality
and deny any authority to otherwise limit or restrict the use of
such lands, directly or indirectly under any planning authority,
zoning authority or otherwise; and
WHEREAS , the Board of Directors would by this Resolution
express opposition to such proposed Bill and would urge the
Legislative Body of Arkansas to reject this proposed legislation.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS .
SECTION 1 . The Board of Directors of the City of Little
Rock hereby expresses their opposition to a proposed Bill now
before the Arkansas Legislature which would deny municipalities
the authority to exercise any planning and zoning control over
the use of lands situated outside the corporate limits of such
municipality and further deny any authority to otherwise limit
or restrict the use of such lands , directly or indirectly under
any planning authority or zoning authority. The Board of
Directors strongly urges the Arkansas Legislature to reject
this proposed Bill.
SECTION 2 . This Resolution shall be in full force and
effect from and after its adoption.
ADOPTED: January 20, 1976
jk4140,
ATTEST: APPROVED: i
City Clerk Mayor
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Slate of A rkan.ae
Seventieth General A:gembly A 3111 SENATE BILL
Re,'ular St•;ion, 1975 _
Extended 1976
13y: Senator Gibson
For An Act To Be Entitled
1 "AN ACT TO CLARIFY THE LAW RELATIVE TO THE AUTHORITY
2 OF MUNICIPALITIES AND MUNICIPAL PLANNING COMMISSIONS
3 IN THE MATTER OF PLANNING AND ZONING LANDS OUTSIDE •
4 THE CORPORATE LIMITS OF MUNICIPALITIES; AND FOR OTHER
5 PURPOSES."
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7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS :
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9 SECTION 1. Hereafter, no city of the first or second class, or .
10 incorporated town, shall have any authority to exercise any zoning control
11 or authority over the use of lands situated outside the corporate limits
12 of such municipality, or any authority to otherwise limit or restrict the
13 use of such lands, directly or indirectly, under any planning authority,
14 zoning authority or otherwise, except as hereinafter provided.
15
16 SECTION 2. Notwithstanding the provisions of Section 1 hereof, any
17 city or town which adjoins a navigable stream or through ,which a navigable
18 stream runs, may exercise zoning authority over lands lying within one (1)
19 mile of the thread of such navigable stream for a distance of five (5) miles
20 above or below the point at which the boundaries of such municipality adjoins
21 or intersects the navigable stream. Any municipal planning commission
22 created pursuant to law may after conducting the necessary studies, prepare
23 and adopt a plan or plans for the most appropriate and beneficial uses of
24 lands located outside the corporate limits of the municipality and within
25 a specifically described area or areas adjoining such municipality. Provided,
26 any such plan or plans adopted by any. such commission for the use of lands
27 outside the corporate limits or a municipality shall be advisory only and
28 it shall not be incumbent on the owner of any lands within such planning
29 area to comply with the plan or plans adopted by the commission. Provided,
30 when any owner of lands within the planning area so requests, the planning
31 commission shall cooperate with and advise such land owner in matters regard-
' . ing the most appropriate and efficient use of such lands, and in such other
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1 matters regarding the use and development of such lands as the owner may
2 request.
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4 SECTION 3. Under no circumstances shall any municipal planning
5 commission, in the plan or plans prepared by it for any area located out-
6 side the municipal limits, or in any advice or counsel it may give to any
7 landowner in the area, propose, recommend, or otherwise encourage any use
8 of such lands which would result. in discrimination against any person
g because of his or her race, religion, national origin, or financial status.
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0 ' 11 SECTION 4. Act 379 of 1969, and subsection e. of Section 5 of Act 186
12 of 1957, as amended, and all other laws and parts of law in conflict with
13 this Act are hereby repealed.
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15 SECTION 5. It is the purpose and intent of this Act to specifically
16 deny municipalities any zoning power or authority outside the corporate
17 limits of such municipalities except as authorized in Section 2 hereof and
18 to specifically provide that neither. municipal governing bodies nor municipal
19 planning commissions shall have any authority to regulate or control the
20 use of lands located outside corporate limits of municipalities under the
21 guise of any land use plan adopted by any such governing body or commission,
22 and further to specifically provide that when any municipal planning commis-
23 sion adopts a proposed plan for the use and development of lands within a
24 described area outside and adjoining the corporate limits of any municipality,
25 such plan or plans shall be advisory only and shall not be binding upon the
26 owner of such lands. It is further the intent of this Act that when any
27 municipal planning commission adopts any proposed land use plan for lands
28 situated outside the boundaries of a municipality, the commission shall have
29 the responsibility, when requested by any landowner in such area, to advise
30 with and assist the landowner in determining the most appropriate and
31 efficient use of such lands.
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33 SECTION 6. EMERGENCY CLAUSE. It is hereby found and determined by the
34 General Assembly that there is some confusion regarding the authority of
35 municipalities to zone or otherwise regulate or control the use of lands
36 located outside their corporate limits; that some municipalities have
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1 attempted and arc attempting to exercise unlawful zoning jurisdiction and
2 authority over such lands through a municipal planning commission or other-
3 wise; that such attempts to unlawfully'-extend zoning jurisdiction by
4 municipalities has resulted in depriving the owners of property in such
5 so-called planning areas located outside the municipal limits of the most -
appropriate and profitable use of their property, unless the law in this
7 area is clarified immediately; that this Act is designed to restrict and
8 clarify the authority of municipalities with respect to the planning and
9 zoning of lands located outside their corporate limits, and should be given
10 effect immediately in order to accomplish this worthy purpose. Therefore,
' 11 an emergency is hereby declared to exist and this Act being necessary for
12 the immediate preservation of the public peace, health and safety shall be
13 in full force and effect from and after its passage and approval.
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