§ 29-37. Amendments and uses permitted on review.

(a)

Amendments.

(1)

The regulations, restrictions, and boundaries set forth in this section may from time to time be amended, supplemented, changed, or repealed. Such changes may be initiated by the city council or by the planning commission. In addition, individual property owners may petition for district boundary changes on the official zoning map for property of which they are the owner of record.

(2)

All proposed changes, additions, and amendments shall be submitted in writing to the planning commission for public hearing, review, and recommendation to the city council. Said submittal shall include a statement and drawings, if appropriate, explaining the proposed changes.

(3)

No action to make changes in the ordinance or map may be taken until or after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days prior to said public hearing:

a.

A notice of the purpose and time and place of such hearing shall be published by the city in a newspaper of general circulation in the city.

b.

A sign denoting the requested zoning change and the time and place of such hearing shall be posted by the city conspicuously on the property for which the zoning change is requested. One (1) sign shall be posted for each two hundred (200) feet of street frontage, up to a maximum of five (5) signs.

(4)

Individual property owners applying for changes to the official zoning map shall have their application and all notifications required to be sent ready and presented to the zoning administrator or his or her designee no later than fifteen (15) business days prior to a planning commission meeting. The applicant is responsible for providing properly addressed and postage-prepaid notice to all owners of property contiguous to and across the street from the property for which the zoning change is requested. The notice shall be on a form provided by the zoning office and submitted to the zoning office for mailing along with the applicant's application. This notice shall set forth the time, date and place of the public hearing and designate the requested change in zoning. This notice shall be deemed sufficient and complete when deposited in the U.S. mail by the zoning official.

(5)

Public hearings relative hereto shall be held at planning commission meetings. Following public hearing, proposed amendments and changes may be approved as presented or in modified form by a majority vote of the commission's membership, and recommended to the city council for adoption.

(6)

If the planning commission disapproves, recommends against, or tables a proposed amendment or change, the reasons for such action shall be given to the applicant within fifteen (15) days from the date of the decision. The applicant may appeal such commission action to the city council, provided that the applicant states specifically, in writing to the city clerk, why the planning commission's findings and decision was arbitrary, capricious and inappropriate, submits a copy of the city notification to the applicant of the planning commission's actions, and deposits with the city collector the cost of publication of the notice of public hearing. Said cost deposit shall be made before the appeal is tendered to the city clerk and receipt therefore provided to the city clerk along with the appeal. The appeal must be filed within thirty (30) days of the planning commission's action. Upon receipt of the proof of cost of publication deposit and the appeal, the city clerk shall immediately provide copies of the appeal materials submitted by the applicant to the director of zoning and inspection, city planning director, and the city attorney. If the appeal fails to meet the legal criteria required, the cost of publication deposit shall promptly be refunded to the applicant by the city collector.

a.

Upon the filing of such an appeal, review and approval of the appeal by the city attorney and payment of the cost of publication of the notice of public hearing by the applicant, the matter shall be set as soon as possible for public hearing before the city council, taking into account all administrative timetables in subsection (b) below. At least ten (10) days prior to the hearing before the city council, the city clerk shall cause notice of a public hearing to be published in a newspaper of general circulation in the city. This notice shall set forth the time, date and place of the hearing and designate the requested change in zoning status.

b.

The applicant making appeal to the city council shall be responsible for securing and completing a standard notice form provided by the zoning department setting forth the requested change in zoning status and the time, date and place of the hearing before the city council. This form must be prepared by the applicant for mailing to all persons who were required to be sent notice for the original hearing before the planning commission. At least ten (10) business days prior to the respective council meeting, the applicant shall present all notifications required to be sent, properly addressed and postage-prepaid, to the zoning administrator or his or her designee. This notice shall be deemed sufficient and complete when deposited in the U.S. mail by the zoning official. Thereafter, the zoning official shall cause the city clerk to publish notice of a public hearing and to place the appeal on the agenda of the city council.

(7)

No application for a change of the zoning map shall be resubmitted within three (3) months from the date of the action of the city council unless the planning commission finds that a substantial change in conditions has occurred.

(8)

If the planning commission denies a zoning amendment or change and that denial is upheld by the city council, the applicant may seek judicial relief in the circuit court. No subsequent application for a zoning amendment or change with reference to the same property or part thereof, will be considered by the commission until the judicial review has been completed.

(b)

Uses permitted on review (UPOR). It is declared that certain land uses and development presents unique problems with respect to their proper location and relationship to other land uses. Therefore, analysis and judgment of the consequence of each development and use is necessary to preserve and to promote the public health, safety, and general welfare. The following procedures are promulgated to govern the establishment of such developments and uses:

(1)

The planning commission shall file a report with the city council in which said commission shall grant or deny each application for a use permitted on review (UPOR) permit, and state the reasons therefor. The planning commission, after public hearing, may permit those developments and uses where such developments and uses are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and are deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the city. In approving such uses the planning commission shall impose such conditions as it determines necessary to satisfy the criteria established in this paragraph. All conditions relating to or limiting the use, status, or operation of the development, after issuance of an occupancy permit, shall be complied with by the applicant or his successors or assigns. Failure to do so shall constitute a violation of this section.

(2)

Substantial work or construction under a UPOR permit must be commenced within one (1) year, or the permit shall terminate. UPOR permits shall be valid for an unlimited period unless a lessor period shall be provided in a particular permit. Upon the expiration of the time limit specified in a particular permit, the property owner may request that the UPOR permit be renewed by the planning commission, which may extend to for an unlimited period or for an additional period of years.

(3)

The granting of a UPOR permit may be initiated by a resolution of the city council, or by a verified application of the owner of the property proposed to be changed. Upon denial of an application, no subsequent application for a permit with reference to the same property or part thereof, for the same use of the property, regardless of modifications to the scope of the original application, shall be filed by any applicant until the expiration of one (1) year after the denial. A subsequent application for a permit with reference to the same property or part thereof, but for a different use, may be filed following the expiration of three (3) months after the denial. Applicants who have sought judicial review of a denial of an application shall not file a subsequent application for a permit with reference to the same property or part thereof until the judicial review has been completed.

(4)

Application for use permitted on review permits, form an contents:

a.

Applications for UPOR permits shall be addressed to the Pine Bluff Planning Commission, and filed at City Hall upon forms prescribed for that purpose, and accompanied by a preliminary development plan and other information in such denial including, but not limited to, the following: preliminary site plans showing proposed uses and structures; proposed ingress and egress to the site including adjacent streets a preliminary plan for provision of sanitation and drainage facilities; and proximity of adjacent uses and buildings.

b.

Each application shall be verified by at least one (1) of the owners of the property proposed to be changed, attesting to the truth and correctness of all facts and information presented with the application.

(5)

Hearing date, public notice:

a.

Upon the filing of such an application, the matter shall be set for public hearing before the planning commission. No action may be taken until after said hearing, at which parties in interest and citizens shall have an opportunity to be heard relative thereto. At least fifteen (15) days prior to said public hearing: 1) A notice of the purpose and time and place of such hearing shall be published by the city in a newspaper of general circulation in the city; and 2) A sign denoting the requested UPOR and the time and place of such hearing shall be posted by the city conspicuously on the property for which the zoning change is requested. One (1) sign shall be posted for each two hundred (200) feet of street frontage, up to a maximum of five (5) signs.

b.

Individual property owners applying for such a permit shall have their application and all notifications required to be sent ready and presented to the zoning administrator or his or her designee no later than fifteen (15) business days prior to a planning commission meeting. The applicant is responsible for providing properly addressed and postage-prepaid notices to be mailed to all owners of property contiguous to and across the street from the property for which the permit is requested. The notice shall be on a form provided by the zoning office and submitted to the zoning office for mailing along with the applicant's application. This notice shall set forth the time, date and place of the hearing and designate the requested change in zoning status. This notice shall be deemed sufficient and complete when deposited in the U.S. mail by the zoning official.

(6)

Public hearings relative to UPOR permit requests shall be held at planning commission meetings. Following public hearing, proposed applications may be approved as presented or in modified form, or may be denied, by the planning commission.

(7)

If the planning commission disapproves or denies such a permit request, the reasons for such action shall be given to the applicant within fifteen (15) days from the date of the decision. The applicant may appeal such commission action to the city council, provided that the applicant states specifically, in writing to the city clerk, why the planning commission's findings and decision was arbitrary, capricious and inappropriate, submits a copy of the city notification to the applicant of the planning commission's actions, and deposits with the city collector the cost of publication of the notice of public hearing. Said cost deposit shall be made before the appeal is tendered to the city clerk and receipt therefore provided to the city clerk along with the appeal. The appeal must be filed within thirty (30) days of the planning commission's action. Upon receipt of the proof of cost of publication deposit and the appeal, the city clerk shall immediately provide copies of the appeal materials submitted by the applicant to the director of zoning and inspection, city planning director, and the city attorney. If the appeal fails to meet the legal criteria required, the cost of publication deposit shall promptly be refunded to the applicant by the city collector.

a.

Upon the filing of such an appeal, review and approval of the appeal by the city attorney and payment of the cost of publication of the notice of public hearing by the applicant, the matter shall be set as soon as possible for public hearing before the city council, taking into account all administrative timetables in subsection (b) below. At least ten (10) days prior to the hearing, the city clerk shall cause notice of a public hearing to be published in a newspaper of general circulation in the city. This notice shall set forth the purpose and the time, date and place of the hearing and designate the requested change in zoning status.

b.

The applicant making appeal to the city council shall be responsible for securing and completing a standard notice form provided by the zoning department setting forth the time, date and place of the public hearing before the city council and designating the requested change in zoning status. This form notice must be prepared by the applicant for mailing to all persons who were required to be sent notice for the original hearing before the planning commission. At least ten (10) business days prior to the respective council meeting, the applicant shall present all notifications required to be sent, properly addressed and postage-prepaid, to the zoning administrator or his or her designee. This notice shall be deemed sufficient and complete when deposited in the U.S. mail by the zoning official. Thereafter, the zoning official shall cause the city clerk to publish notice of a public hearing and to place the appeal on the agenda of the city council.

(8)

If the planning commission denies a UPOR and that denial is upheld by the city council, the applicant may seek judicial relief in the circuit court. No subsequent UPOR application with reference to the same property or part thereof, will be considered by the commission until the judicial review has been completed.

(c)

No applicant may be granted a use permitted on review (UPOR) unless the applicant is in full compliance with all provisions of chapter 29 and other applicable provisions of the City Code when the application is submitted. No UPOR shall be granted which permits the physical expansion of an automobile salvage yard.

(Ord. No. 4807, as amended, § 24, 2-2-81; Ord. No. 5554, § 1, 9-20-93; Ord. No. 5668, § 1, 10-21-96; Ord. No. 5804, §§ 1, 2, 5-3-99; Ord. No. 5931, §§ 1B, 1C, 2-5-01; Ord. No. 6177, §§ 1—3, 6-19-06; Ord. No. 6249, §§ 1—6, 6-16-08; Ord. No. 6303, § 2, 12-7-09)