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1082 50 ORDINANCE NO. 1082 <# 10-97) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE 92.32.060 AND AMENDING JACKSONVILLE MUNICIPAL CODE 9 I B. BB. 030 TO PROVIDE NonCE PROVISIONS FOR VARIOUS BUILDING AND ZONING ISSUE(S) APPLICAnON(S)?' DECLARING AN EMERGENCY;- AND? FOR OTHER PURPOSES. WHEREAS, RECENT CIRCUMSTANCES HAVE SHOWN THAT PUBLICATION OF NOTICE PROVISIONS FOR VARIOUS BUILDING AND ZONING APPLICATIONS ARE IN NEED OF MODIFICATION TO INSURE THAT PROPER NOTICE IS PROVIDED TO THE PUBLIC THROUGH POSTING AND PUBLICATION REQUIREMENTS; AND, WHEREAS, BECAUSE SAID REQUEST(S) ARE EITHER ADDRESSED BY THE 0ACKSONVILLE PLANNING COMMISSION OR THE 0ACKSONVILLE BOARD OF ADJUSTMENT, IT SEEMS IN THE BEST INTEREST OF ALL FOR THE 0ACKSONVILLE CITY CLERK AND CODE ENFORCEMENT OFFICE TO BE RESPONSIBLE FOR INSURING PROPER PUBLICATION AND POSTING OF NOTICE(S) ARE COMPLETED ON EACH SUCH APPLICATION REQUEST(S) IN THE ALLO I I ED MANNER AND TIME FRAME(S) . NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: 0ACKSONVILLE MUNICIPAL CODE 92.32.060 IS HEREBY CREATED AND SHALL READ AS FOLLOWS: 2.32.060 NOTICE AND PUBLICATION REQUIREMENTS. ALL REQUESTS FOR CONDITIONAL USE VARIANCES, REZONING REQUESTS, WAIVERS, OR OTHER SUCH SIMILAR ACTIONS SHALL REQUIRE PUBLIC HEARING(S) AND NOTICE(S). NOTICE OF SAID REQUEST(S) SHALL BE PUBLISHED BY THE CITY CLERK'S OFFICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF 0ACKSONVILLE FOR THE APPROPRIATE NUMBER OF DAYS (AS MANDATED BY STATE LAW) PRIOR TO A PUBLIC HEARING/MEETING BEING HELD. THE 0ACKSONVILLE CODE ENFORCEMENT OFFICE SHALL BE RESPONSIBLE TO ENSURE THAT THE AFFECTED REAL PROPERTY IS PROPERLY POSTED WITH A NOTICE(S) DESIGNATING THE SPECIFIC REQUEST(S) FOR VARIANCE OR CHANGE AND THE DATE, PLACE, AND TIME OF SAID HEARING/MEETING A MINIMUM OF SEVEN (7) CALENDAR DAYS PRIOR TO SAID PUBLIC HEARING/MEETING BEING HELD. SAID NOTICE SHALL BE POSTED IN A HIGHLY VISIBLE LOCATION UPON EACH AFFECTED PROPERTY. SECTION TWO: A) 0ACKSONVILLE MUNICIPAL CODE 9 I 8. 88.030(B) SHALL BE AMENDED, CORRECTED, AND MODIFIED TO READ AS FOLLOWS: 9 I 8.88.030(B) - THE CITY CLERK'S OFFICE SHALL BE RESPONSIBLE FOR KEEPING, MAINTAINING, AND PREPARING ALL RECORDS FOR THE 0ACKSONVILLE BOARD OF ADJUSTMENT, REQUESTING ASSISTANCE FROM OTHER CITY DEPARTMENT AND OFFICIALS WHEN NEEDED TO COMPLETE SAID TASK(S). THE CITY CLERK'S OFFICE SHALL ALSO BE RESPONSIBLE TO ENSURE THAT PUBLICATION OF MEETING NOTICES AND VARIANCE/WAIVER REQUEST(S) OCCUR IN THE ALLOII ED TIME(S) AND MINIMUM DAYS PRIOR TO SAID MEETING/HEARING AS REQUIRED BY THIS CODE AND/OR STATE LAW. B) 0ACKSONVILLE MUNICIPAL CODE 9 18.88.030<C) IS HEREBY AMENDED, CORRECTED, AND MODIFIED TO READ AS FOLLOWS: 9 18.88.030(C) - EACH SESSION OF THE 0ACKSONVILLE BOARD OF ADJUSTMENT SHALL CONSTITUTE A PUBLIC MEETING WITH PROPER PUBLIC NOTICE OF SAID MEETING AND THE WAIVER(S) AND/OR VARIANCE REQUEST(S) TO BE ADDRESSED AT SAID MEETING PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY A MINIMUM OF ONE ( I ) TIME AT LEAST SEVEN (7) DAYS PRIOR TO THE SCHEDULED MEETING. THE CODE ENFORCEMENT OFFICE SHALL BE RESPONSIBLE TO INSURE THAT THE AFFECTED REAL PROPERTY IS PROPERLY POSTED WITH A NOTICE(S) DESIGNATING THE SPECIFIC REQUEST(S) FOR VARIANCE OR CHANGE AND THE DATE, TIME, AND PLACE OF THE PUBLIC HEARING A MINIMUM OF SEVEN (7) DAYS 5f ORDINANCE No. 1082 (# I 0 - 97) PAGE Two PRIOR TO THE SCHEDULED MEETING. SAID NOTICE SHALL BE POSTED IN A HIGHLY VISIBLE LOCATION UPON THE AFFECTED PROPERTY. SECTION THREE: ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY ~I ~D TO THE EXTENT OF SAID CONFLICT. 12.'= p~ IGd (jj) SECTION FOUR: BECAUSE COMPLIANCE WITH THE PROVISIONS OF THIS ORDINANCE ARE NECESSARY FOR THE BE I I ERMENT OF OUR COMMUNITY, AN EMERGENCY IS HEREBY DECLARED TO EXIST. IT IS, THEREFORE, NECESSARY TO DECLARE AN EMERGENCY AND RULE THAT THIS ORDINANCE BE IN EFFECT FROM AND AFTER ITS DATE OF PASSAGE. APPROVED AND ADOJ-lI ED THIS '"(-f:h DAY OF AUGU~I, 1997. ~~J YOR AIIE~I: Y7_ 'A..~,~ ~ ~EONARD. CiTY CLERK