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HomeMy WebLinkAbout12857r A ORDINANCE NO 12,857 AN ORDINANCE MAKING PROPERTY WITHIN THE CITY OF LITTLE ROCK USED FOR COMMERCIAL PURPOSES PRIOR TO THE EFFECTIVE DATE OF ACT 108, ACTS OF ARKANSAS 1929 SUBJECT TO THE ZONING ORDI- NANCES, RULES AND REGULATIONS OF THE CITY OF LITTLE ROCK RATHER THAN THE PROVISIONS OF ACT 115, ACTS OF ARKANSAS 1961; AND FOR OTHER PURPOSES WHEREAS, the General Assembly of the State of Arkansas by Act 115, Acts of Arkansas 1961 in Section 1 thereof pro- vided as follows: "Any property used for commercial purposes at or prior to the time of adoption of Act 108 of the Acts of the General Assembly of the State of Arkansas for the year 1929, and which has been used continuously since that time for commercial purposes, together with any other contiguous property used for rental or commercial pur- poses regardless of the period of such use, upon appli- cation to the planning commission and /or governing body in a city of the first class, accompanied by affi- davit in support thereof, shall be zoned for commercial use." and; WHEREAS, the General Assembly by the passage of Act 266, Acts of Arkansas of 1971 authorized cities of the first class to perform any function and exercise full legal power in any and all matters whatsoever pertaining to its "Municipal Affairs" notwithstanding the existence of a State Law which limits or prohibits its exercise of its "Municipal Affairs "; and WHEREAS, the City of Little Rock, a City of the First Class, has determined that the zoning classifications of property within its corporate limits is a "Municipal Affair" and that all property within its said corporate limits is subject only to the ordinances, rules and regulations of the City of Little Rock applicable thereto and not as provided for by Act 115, Acts of Arkansas 1961. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. Notwithstanding the fact that any real property in the City of Little Rock, Arkansas may have been used for com- mercial purposes at or prior to the time of the passage of Act 108, Acts of Arkansas of 1929 and which has been used continuously since that time for commercial purposes, together with any other con- tiguous property used for rental or commercial purposes regard- less of the time of said use, such property shall not be zoned cc -2- for commercial or any other use except in keeping with and pur- suant to the applicable provisions of Act 186, Acts of Arkansas of 1957, as amended, and the ordinances, rules and regulations of the City of Little Rock. SECTION 2. The provisions of this ordinance shall not be applicable to any property for which a petition to rezone, pur- suant to the provisions of Act 115, Acts of Arkansas of 1961 was filed with the proper authorities of the City of Little Rock prior to the effective date of said ordinance. SECTION 3. All ordinances or parts of ordinances in con- flict herewith are hereby repealed and same shall be in full force and effect thirty (30) days after its passage. PASSED: November 6, 1973 ATTEST: City Cler APPROVED: WAfiGA& Mayor