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HomeMy WebLinkAbout11378ORDINANCE NO. 11078 AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, DEALING WITH THE BOARD OF ZONING ADJUSTMENT; AND FOR OTHER PURPOSES. (c) Any member of the board who shall have a direct or indirect interest in any property or in the decision relating to such property, which shall be-the subject matter of, or affected by, a decision of the board shall be disqualified from participating in the discussion, decision or proceeding of the board in connection therewith." SECTION 2. Subsection (2) of Section 43 -22 of the Code of Ordinances is hereby amended to read as follows: "(2) Meetings. The board shall establish regular meeting dates, and special meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. Each session of the board of zoning adjustment shall be a public meeting with public notice of said meeting and business to be carried on published in a newspaper of general circulation in the City, at least one (1) time seven (7) days 10 ` 3.1 G -� BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE POCK, M ARKANSAS: La SECTION 1. Subsection (1) of Section 43 -22 of the Code of Ordinances 0 of the City of Little Rock is hereby amended to read as follows: rl r-I M r-I 11(1) Created. (a) A board of zoning adjustment is hereby established. The word 'board' when used in this section shall be construed to mean the board of zoning adjustment. The board .,o shall consist of five members who shall be free - holders who are N aoi appointed by the City Manager and approved by the City Board of Directors; one member of the board shall be an architect, one member of the board shall be a civil engineer, one member of the board shall be a member of the Little Rock Real Estate Board and two members of the board shall be laymen. The term of office of the members of the board shall be for three years. Vacancies shall be filled for the unexpired term of the member whose place A has become vacant by the City Manager subject to the approval of r01% the City Board of Directors. The appointing authority shall have o the power to remove any member of the board for cause and after >4M >4 public hearing; provided, however, any member of the board who 'Q A shall be absent from three or more consecutive regular meetings Q) a shall be removed from office without hearing upon certification o w of such fact by the Secretary of the board to the City Manager. Q) a (b) The board shall elect its own chairman and vice - chairman who shall serve for one year. The Director of the Department of Community Development shall serve as Secretary to the board. The board shall adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. (c) Any member of the board who shall have a direct or indirect interest in any property or in the decision relating to such property, which shall be-the subject matter of, or affected by, a decision of the board shall be disqualified from participating in the discussion, decision or proceeding of the board in connection therewith." SECTION 2. Subsection (2) of Section 43 -22 of the Code of Ordinances is hereby amended to read as follows: "(2) Meetings. The board shall establish regular meeting dates, and special meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. Each session of the board of zoning adjustment shall be a public meeting with public notice of said meeting and business to be carried on published in a newspaper of general circulation in the City, at least one (1) time seven (7) days 10 ` 3.1 G -� -2- prior to the meeting. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be im- mediately filed in the office of the board and shall be a public record." SECTION 3. Subsection (4) of Section 43 -22 of the Code of Ordinances is hereby amended to read as follows: 11(4) Jurisdiction. The board of zoning adjustment shall have the power to hear requests for variances from the literal provisions of this chapter in instances where strict enforcement of this chapter would cause undue hardship due to circumstances unique to the indi- vidual property under consideration, and grant such variance only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this chapter. The board shall not permit, as a variance, any use in a district that is not permitted in this chapter, nor shall the board make any changes in this chapter. The board may impose reasonable conditions in the granting of a variance to insure compliance and to protect adjacent property. The board shall have the following powers and it shall be its duty: (a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made in the enforcement of this chapter. (b) To permit the extension of a district where the boundary line of a district divides a lot in a single ownership as of march 17, 1937. (c) Permit a temporary building for commerce orindustry in a dwelling district which is incidental to the residential developments, such permit to be issued for a period of not more than one year. (d) Permit the location of the following uses in a dis- trict from which they are prohibited by this chapter: airport, nursery, greenhouse, library, museum, community center, hospi- tal, institutions of an educational, religious or philanthropic nature, and parking lot. (e) Permit a public garage in a commercial district where it is deemed necessary for the public convenience or welfare. (f) To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts accompanying and made a part of this chapter where the street layout actually on the ground varies from the street layout as shown on the map aforesaid. -3- (g) To interpret and vary the application of the side, rear and front yard regulations in specific cases so as to carry out the intent and purpose of this chapter. (h) To hear requests for variances from the literal pro- visions of this chapter in instances where strict enforcement of this chapter would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variance only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this chapter. (i) To permit public utility or public service uses and structures in any district when found to be necessary for the public health, convenience, or welfare. (j) Servicing of office machines may be permitted in E -1 Quiet Business and Institutional District where same is secondary and clearly incidental to the conduct of the "office" (business, insurance or real estate) provided for by Subsection (3) of Section 43 -6 of the Code of Ordinances of Little Rock. (k) A wholesale business may be permitted by the Board of Zoning adjustment in an "F" Commercial District provided such wholesale business is of a retail nature as determined by the Board of Zoning Adjustment and where the business is wholly contained within a building or buildings, and is of the type not obnoxious or offensive by reason of emission of odor, dust, smoke, gas or noise. In exercising the above mentioned powers the board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or deter- mination appealed from and may make such order, requirement, decision or determination as ought to be made. The concurring vote of three members of the board shall be necessary to reverse any order, requirement, decision or determination of the building commissioner, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter. Any person or persons, jointly or severally aggrieved by any decision of the board, or any officer, department, board, or bureau of the City of Little Rock, may present to the Circuit Court a petition, duly verified, setting forth that such decision is il- legal in whole or in part, specifying the grounds of the illegality. Such petition must be presented to the Court within thirty days after the filing of the decision in the office of the board." SECTION 4. This ordinance shall be in full force and effect from and after its passage and approval. PASSED: April 159 1963 ATTEST: �� / APPROVED:�,a�� City Clerk Mayor.