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ORDINANCE NO. 119653
AN ORDINANCE AMENDING CHAPTER 433, ARTICLE V
OF THE CODE OF ORDINANCES OF LITTLE ROCK BY
AMENDING SECTION 43 -29; PROVIDING FOR REGU-
LATIONS GOVERNING APPEALS FROM ACTION OF THE
PLANNING COMMISSION; AND FOR OTHER. PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
SECTION 1. Section 43 -29 of the Code of Ordinances
of the City of Little Rock is hereby amended to read as
follows:
"Section 43 -299 Changes and Amendments -
Appeals - Procedure.
a. The Board of Directors may from time
to time, on its own motion or on petition,
after a public hearing of which at least
fifteen days' notice has been given in a
newspaper of general circulation in this
City, amend, supplement or change, modify
or repeal the boundaries or regulations
herein or subsequently established, after
submitting same to the City Planning Com-
mission for its recommendations and report,
except that when future applications for
the redistticting of a specific parcel or
parcels of land have been denied reapplica-
tion shall not be made for a period of one
year.
b. Any petitioner for rezoning who is
aggrieved by the report and recommenda-
tion of Planning Commission may have his
petition reviewed by the Board of Direc-
tors of the City provided he files a written
request therefor with the City Clerk within
thirty (30) days after the report and rec-
ommendation of Commission shall have been
recorded in its official records or office.
The request for review shall be accompanied
by a copy of the original rezoning petition
and shall contain a brief statement of
facts in support thereof. The Board of
Directors may hear the appeal at any regu-
lar meeting thereof but not later than one
(1) year from the date of recordation of
the Planning Commission report as afore-
said. The provision in this Section for
appeal to the Board of Directors is exclusive
and failure to perfect an appeal under this
section shall constitute a forfeiture of
further rights under the rezoning application
in question, subject however to refiling under
sub - section (a) above.
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c. No petition shall be reviewed by the Board of
Directors unless and until the petitioner shall have
filed with the City Clerk an affidavit reflecting the
names and last known addresses of the owners of record
of all property situated within two hundred (200) feet
of the property described in said petition who were
registered as objectors at the initial Planning
Commission hearing, and further reflecting that all
said owners have been notified in writing by registered
or certified mail of the time, place, and date the
petition is to be reviewed by the Board of Directors.
The owners may waive notice of hearing on review
provided waiver is in writing and attached to the
affidavit. The notice shall be given not less than
ten (10) days prior to date the petition is to be
reviewed and the affidavit and /or waivers evidencing
and supporting such notice shall be filed not less
than five (5) days prior to the date of review. Post-
ponement of action on said petition by the Board of
Directors for one or more meetings shall not require
any additional notice. Action on said petition by the
Board of Directors shall be in open hearing.
d. Before the Board of Directors shall consider the
rezoning of any property on its own motion, the City
Clerk shall first give not less than ten (10) days
written notice of the time, place, and date of public
hearing thereon to the owner, or owners of such property
and the owners of property within two hundred (200)
feet thereof. Said notice shall be sent by certified
or registered mail to the last known address of such
record owner, or owners and the City Clerk shall execute
an affidavit showing compliance herewith. If the owners
of property under consideration for rezoning, together
with the owners of property within two hundred (200)
feet of the property to be rezoned, exceed fifty (50)
in number, then in lieu of written notice to anyone,
the Board of Directors may, in its discretion, cause
notice to be given by publication in a newspaper of
general circulation in the City of Little Rock, Arkansas
of the time, place, and date of hearing on the proposed
rezoning and shall publicize therewith a legible rezoning
map accompanied by an entitlement describing the general
area under consideration and giving street boundaries
or otherwise describing the boundaries of the area
proposed for rezoning so that such area shall be readily
identifiable. Said notice to be published once a week
for three (3) consecutive weeks, the last publication
to be not less than five (5) nor more than ten (10)
days prior to the day of the hearing.
SECTION 2. This Ordinance shall be in full force and
effect from and after its passage and approval.
PASSED: September 20, 1965
ATTEST ,'.:�.
City Clerk
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