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
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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