The board of directors has the following powers pursuant to this Code:

(1)

To make final decisions on zoning text and map amendment applications.

(2)

To make final decisions on planned developments.

(3)

To make final decisions on appeals of planning commission decisions.

(4)

Appeals from decisions of the board of directors are governed by A.C.A. § 14-56-425, which provides the following:

a.

1.

Appeals from the final administrative or quasi-judicial decision by the municipal body administering this subchapter shall be taken to the circuit court of the appropriate county using the same procedure as for administrative appeals of the District Court Rules of the Supreme Court.

2.

The final administrative or quasi-judicial decision shall be tried de novo with the right to a trial by jury.

b.

1.

Appeals from the passage of legislative rezoning decisions by the municipal governing body administering this subchapter shall be taken to the circuit court of the county in which the rezoning was authorized using the same procedure as for administrative appeals of the District Court Rules of the Supreme Court.

2.

The legislative rezoning decision shall be reviewed by the court, and the decision shall be upheld unless it is arbitrary or capricious or lacking a rational basis.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

The planning commission has the following powers pursuant to this Code:

(1)

To make recommendations on zoning text and map amendment applications.

(2)

To make final decisions on conditional uses.

(3)

To make recommendations on planned developments.

(4)

To make final decisions on subdivisions, including variances.

(5)

To make final decisions on sign code variances.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

The board of zoning adjustment has the following powers pursuant to this Code:

(1)

To make final decisions on variances.

(2)

To hear title XVI appeals of administrative decisions and interpretations.

(3)

Appeals from decisions of the board of zoning adjustments are governed by A.C.A. § 14-56-416(b)(2)(B)(ii), which provides the following:

a.

Except as provided in subdivision (b)(2)(B)(ii)(b) of this section, decisions of the board [of zoning adjustment] under this section shall be appealed to a circuit court of competent jurisdiction.

b.

A governing body of a municipality may provide by ordinance that the governing body of the municipality shall first hear appeals under this section.

Except as otherwise provided in A.C.A. § 14-56-416(b)(2)(B)(ii)(b), A.C.A. § 14-56-425(a), further provides the following:

a.

Appeals from the final administrative or quasi-judicial decision by the municipal body administering this subchapter shall be taken to the circuit court of the appropriate county using the same procedure as for administrative appeals of the District Court Rules of the Supreme Court.

b.

The final administrative or quasi-judicial decision shall be tried de novo with the right to a trial by jury.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)

The Planning and Development Director may designate one or more persons to act as their designee; however, a decision may only be rendered once. The planning and development director has the following powers pursuant to this Code:

(1)

To make final decisions on temporary use permits.

(2)

To render Title 16 interpretations.

(Ord. No. 6513, § 1(Exh. A), 11-19-24)