Lincoln City Zoning Code
DIVISION 4.12
Amendments to Zoning Regulations
§ 4.12.1 Applicability.
This code may be amended by changing the text, the Official Zoning Map, or both in accordance with the procedures prescribed herein.
§ 4.12.2 Requests for amendments.
§ 4.12.3 Amendments initiated by City Council.
Amendments by the City Council may be made in the following manner.
A.
The City Council may refer a request for amendment to the Planning Commission to be considered in accordance with the procedures outlined in § 4.12.4, below.
B.
The City Council may amend this code in accordance with the provisions of § 14-56-423 of the Arkansas Code Annotated when an emergency exists which threatens the health, safety, welfare, or morals of the citizens of the City. An amendment may be made by ordinance with approval of the majority of the City Council.
§ 4.12.4 Amendments initiated by Planning Commission.
Amendments initiated by the Planning Commission may be made by the following procedures.
A.
The Planning Commission may consider amendments or additions to the Zoning Code.
B.
The Planning Commission will hold a public hearing to consider amendments to the Zoning Code.
C.
Notice of such hearing shall be published at least one time not less than 15 calendar days prior to the date of the public hearing in a newspaper of general circulation in the City of Lincoln.
D.
Changes in zoning classifications or the Zoning Map initiated by the Planning Commission shall be considered comprehensive changes and notice to individual property owners shall not be made unless by Planning Commission decision. The Planning Commission shall make a map and/or documents indicating the proposed changes available in City Hall for review by interested citizens and property owners at least 15 calendar days prior to the public hearing at which the changes will be considered.
E.
Following the public hearing, the proposed amendments may be recommended as presented, or in modified form, by a majority of the entire Planning Commission.
F.
Following its adoption of the amendments of the UDC or adopted plans, the Commission shall certify adopted plans or recommended ordinances and regulations to the City Council for its adoption.
§ 4.12.5 Amendments initiated by property owners.
Amendments by property owners may be made in the following manner.
A.
An application for amendment shall be filed at the main desk in City Hall.
B.
The application for a Zoning Map amendment shall contain the following information:
(1)
Name and address of applicant.
(2)
A notarized statement that the applicant is the owner or the authorized agent of the owner of the property for which the Zoning Map amendment is proposed.
(3)
Address and legal description of property.
(4)
Written statement with a description of the current zoning, and the proposed zoning.
(6)
The application shall be accompanied by the prescribed fee.
C.
Hearing on application. The request shall follow the regular submittal schedule adopted by the Planning Commission.
(1)
Notice of such hearing shall be published at least one time at least 15 calendar days prior to the date of the public hearing in a newspaper of general circulation in the City of Lincoln. The applicant shall be responsible for this publication, bear the cost of such advertising, and provide an affidavit of publication as proof of the notice.
(2)
Notice of such hearing shall be given by conspicuously posting a sign on the subject property involved by the applicant at least 15 calendar days prior to the hearing.
(a)
Posting of the sign by the prescribed time shall be the responsibility of the applicant.
(b)
The applicant shall use the signs provided by the City of Lincoln and shall pay a refundable deposit.
(c)
After the hearing, the sign shall be returned, and a refund of the deposit will be issued for signs in good condition.
(3)
At least seven calendar days prior to the public hearing the applicant must provide proof of publication that the required public notice has appeared in a newspaper of general circulation at least 15 calendar days prior to the public hearing.
D.
Finding of fact. The Planning Commission shall make a specific finding as to whether or not the change is consistent with the objectives of the Zoning Code, and the plans adopted by the Planning Commission. The Planning Commission shall approve or deny the amendment application. If denied by the Planning Commission, the application will not be heard by the City Council unless the decision is appealed by the applicant per § 2.4.1.
E.
Authorization by City Council. Any amendment will require a majority vote by the City Council for approval by ordinance.
F.
Effect of denial of amendment. No application for an amendment which has been denied wholly or partly by the City Council shall be resubmitted for a period of one year from the date of said denial, except upon decision by the Planning Commission if substantial changes in conditions have occurred. A change of ownership of the subject property will not be deemed a substantial change of conditions.