(a)

Planning director. The provisions of these zoning regulations shall be administered by the planning and engineering department under the direction of the planning director, who shall act as an administrative official. The planning director may be provided with the assistance of such other persons or departments as the mayor may direct. It shall be the duty of the planning director to see that these regulations are enforced through the proper legal channels. Appeal from the decision of the planning director may be made to the board of zoning adjustment. The planning director, and his designees, which may include a zoning official and code enforcement officers, are generally empowered to carry out or conduct any activities essential to the proper administration and enforcement of these regulations; said activities to include, but not be limited to, the following:

(1)

Issuance of permits. To issue a building permit, and certificate of occupancy when compliance is made with these regulations; to refuse to issue the same in the event of noncompliance; and to give written notice of such refusal and reason thereof to the applicant.

(2)

Fee collection. To cause the collection of the designated fees as set forth in these regulations.

(3)

Records maintenance and filing. To make and to keep all records necessary and appropriate to the office, including records of the issuance and denial of all zoning and building permits, and certificates of occupancy, and the receipt of complaints of violation of these regulations and action taken on the same, and to file such for record.

(4)

Inspections. To inspect any building or land to determine whether violations of these regulations have been committed or exist.

(5)

Enforcement. To enforce these regulations and take all necessary steps to remedy any condition found in violation. The city may enjoin any individual or property owner who is in violation of these regulations to prevent or correct such violation. Any individual aggrieved by a violation of these regulations may request an injunction against any individual or property owner in violation of these regulations, or may mandamus any official to enforce the provisions of these regulations.

(6)

Advisements. To keep the mayor, city council, planning commission, and board of zoning adjustment advised of all matters other than routine that relate to the administration and enforcement of these regulations (A.C.A. § 14-56-421).

(b)

Code enforcement official. The city code enforcement official shall have the power to regulate and enforce the provisions of the city code regarding land use. Further, the code enforcement official shall have the authority to develop rules and regulations for the orderly administration and enforcement of the land development code. The code enforcement official shall have the power to appoint an assistant code enforcement official to serve for such periods of time as he shall deem necessary and with the approval of the city council.

(Ord. No. 754, § 8-231, 7-6-2006)

The following technical code is hereby adopted by reference in order to set minimum standard specifications for streets for the city, save and except the portions thereof as are herein modified or amended, as they were copied herein fully: The City of Lowell Minimum Standard Specifications for Streets.

(Ord. No. 832, § 1, 5-6-2008)

When reference is made within said code to the duties of a certain official named therein, that designated official for the city shall be the building inspector and/or his designee, and shall be deemed to be the responsible official insofar as enforcing the provisions of said code are concerned. Further, three copies of the code adopted shall be kept at the office of the city recorder and shall be available for inspection by the public during regular business hours.

(Ord. No. 832, § 2, 5-6-2008)

(1)

Issuance of permits. A valid building and/or grading permit must be issued by the designated city official (section 16-308) prior to the commencement of construction, reconstruction, demolition, movement of earth, or structural alteration on any lot. Construction activities commenced without a valid permit from the city shall be considered unlawful.

(2)

Permit requirements. No building or grading permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of these regulations and other applicable building codes, laws, or regulations. Construction phasing of a development shall be noted on the preliminary plat or large-scale development plan that is reviewed and approved by the planning commission. Phasing shall not be allowed without this notation.

(a)

Reuse/redevelopment. A permit is required for the use or reuse of property, buildings, or structures where building permits are not required. A change of existing use for commercial, industrial, and multifamily purposes requires compliance with all site standards established by the current land development code. In addition, a permit evidencing compliance with the provisions of these regulations shall be a prerequisite to the issuance of a city business license.

(b)

New construction on platted lots of record. New construction shall conform to all relevant codes and standards established by the current land development code and other applicable standards, codes, and regulations.

(3)

Permit applications. All applications for building permits shall be accompanied by the following:

(a)

A site plan drawn to scale showing the size of the building to be erected and its location on the lot;

(b)

The location of any existing buildings or structures;

(c)

Locations and dimensions of all driveways and parking or loading areas;

(d)

Drainage, landscaping, and such other information as may be necessary to provide for the administration of these regulations;

(e)

For multifamily, commercial, and industrial development or redevelopment that increases the building envelope or requires substantial change to the site, a large-scale development plan approved by the planning commission must be submitted with the application.

(4)

Appeals of planning commission decisions. A person may appeal by petition to the city council following disapproval of a proposed site amendment, conditional use, or large-scale development plan by the planning commission. The petitioner must state specifically in writing to the city clerk-treasurer why he considers the planning commission's findings and decisions to be in error. Such appeal shall be filed with the city clerk-treasurer within 15 days from the date of the commission's actions.

(Ord. No. 754, § 8-232, 7-6-2006; Ord. No. 1083, § 1(Exh. A), 8-17-2021; Ord. No. 1150, § 1(Exh. A), 1-21-2025)

(a)

Purpose and authority. Certificates of occupancy are required to ensure that completed structures and the development of property, of which such structures are a part, comply with the provisions of this article, as well as any site plans or conditional use approvals for such structures and development. The building department/building inspector shall have the authority and responsibility to issue and keep records of certificates of occupancy in accordance with the requirements set forth in these regulations, and the building code. A certificate of occupancy must be applied for, and issued by the building official prior to occupancy and use of a structure or premises for any of the following:

(1)

Any new structure.

(2)

Any addition to an existing nonresidential structure.

(3)

Any change in building code occupancy or use of a building or premises that involves nonresidential occupancy. (This does not include change of ownership, as long as occupancy and use do not change.)

(4)

Placement or change in occupancy of any manufactured home on any lot or parcel, regardless of use.

(b)

Application procedure. A certificate of occupancy shall be applied for after large scale requirements are met, and must be issued before occupancy and permanent connection of utilities to such building.

(1)

The planning director or his/her designated agent shall inspect the property that is the subject of an application within a reasonable time after a completed application has been filed, If the premises do not so comply with the applicable development regulations in effect for the city, the planning director or his/her designated agent shall provide written notice after the inspection of the property, specifying the provisions of which regulation or code the structure or development does not comply. If the premises and the property does so comply with the applicable development regulations in effect for the city, the building official shall issue a certificate of occupancy.

(2)

The site inspection shall include all site requirements, including but not limited to paving, landscaping, drainage, etc., as set forth in the plans approved by the planning commission. If construction of items such as landscaping, striping and some drainage issues are not completed per approved plans, a bond, check or letter of credit may be required. The planning director may, at his/her discretion, accept the bond, check or letter of credit as a method of assurance for completion and may recommend a certificate of occupancy be issued.

(c)

Contents of application. Information required for submission to obtain a certificate of occupancy shall include:

(1)

The name of applicant.

(2)

The nature and extent of the applicant's ownership interest in the subject property.

(3)

The address of the property for which a certificate is requested.

(4)

A legal description of the property, the zoning classification for the property, and a statement that the use of the property is allowed or permitted in the zoning classification for the property.

(5)

A site plan for any new construction (same as required for a building permit) for the structure, or the development of which such structure is a part.

(6)

Such other information as requested by the building official to ensure conformance with applicable development regulations.

(Ord. No. 754, § 8-233, 7-6-2006; Ord. No. 1147, § 1(Exh. A), 7-16-2024)

(a)

Any person who shall violate any of the provisions of these zoning regulations, or fail to comply thereafter with any of the requirements thereof, or who shall build, alter, move, or occupy any building in violation of any detailed statement or plans submitted and approved hereunder, shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine not exceeding $500.00 or double such sum for each repetition thereof. If the violation is, in its nature, continuous in respect to time, the penalty for allowing the continuance thereof is a fine not to exceed $250.00 for each day that the same is unlawfully continued. The owner of any building or premises or part thereof where anything in violation of these regulations shall be placed, or shall exist, and any architect, builder, contractor, agent, engineer, person, firm or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense, and upon conviction thereof shall be fined as hereinabove provided.

(b)

Violations of these regulations that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty, however, does not prevent the simultaneous granting of equitable relief in appropriate cases.

(Ord. No. 754, § 8-234, 7-6-2006)

State Law reference— Violations of zoning ordinances, A.C.A. § 14-56-421.

Two types of amendments to these zoning regulations are recognized, one being a revision in the text provisions, and the other being a change of boundary in a zoning district (a.k.a. a map amendment or rezoning).

(1)

Text amendments. Amendments to the text may be initiated by the planning commission, the city council, or by the mayor. Proposed amendments shall be processed in accordance with the procedures set forth in this section.

a.

Notice. The planning director shall be responsible for scheduling a public hearing before the planning commission. He shall prepare the content of a public notice, and ensure that the notice is published in a newspaper of general circulation within the city at least 15 days before the public hearing.

b.

Hearing and recommendation by the planning commission. The planning commission shall conduct a public hearing on the proposed amendment, hearing both the proponents and opponents, if any. Following the public hearing, the commission shall determine its recommendation regarding the proposed amendment, and make such known to the city council.

c.

Action by the city council. After receiving the recommendation of the planning commission, the city council may approve the amendment as submitted; approve a revised version it deems appropriate; return it back to the planning commission for further study and reconsideration; table it; or deny it. If the city council action does not take place within six months after the planning commission's public hearing, the amendment process must begin anew.

(2)

Change in district boundary.

a.

Generally. A change in a zoning district boundary, also referred to as a map amendment or a rezoning, may be proposed by the city council, the planning commission, or by a property owner or his legal agent. Such amendments shall be considered in accordance with the procedures set forth in this section.

1.

Application submittal. A complete application for a change in a zoning district boundary (or map amendment), hereafter referred to as a rezoning, shall be submitted to the planning coordinator in a form established for that purpose, along with a nonrefundable processing fee as set forth in section 16-315. Applications shall be filed to the planning department no later than 4:00 p.m. on the submission date for items requiring public hearing as set forth in the City of Lowell Planning Calendar. No application shall be processed until the planning coordinator determines that the application is complete, and the required fee has been paid. Applicant shall provide correct legal description to be verified by city planning department and submitted in Word format.

2.

Notice. Promptly upon determining that the application is complete, the planning coordinator shall schedule a public hearing date before the planning commission, notify the applicant of the hearing date, and provide at least 15 days' notice of the hearing in a newspaper of general circulation in the city. The notice shall indicate the time and place of the public hearing; give the general location and description of the property, such as the street address and acreage involved; describe the nature, scope and purpose of the application; and indicate where additional information about the application can be obtained.

(i)

Property owners who apply to rezone property shall post notice on weatherproof signs provided by the city; place the signs on the property that is the subject of the application at least ten days before the public hearing; and ensure that the signs remain continuously posted util a final decision is made by the city council. At least one sign shall be posted by the applicant for each 150 feet of street frontage, up to a maximum of four signs. Signs shall be placed along each abutting street in a manner that makes them clearly visible to neighboring residents, and passers-by. There shall be a minimum of one sign along each abutting street. This requirement to post a sign on the property shall not apply to the City of Lowell when the City of Lowell initiates a change in district boundary, or "rezone" property.

3.

Hearing and recommendation by the planning commission. The planning commission shall hold a public hearing on the proposed rezoning. At the conclusion of the hearing, and after deliberation, the commission shall recommend approval as submitted; may recommend approval of less area and/or of a lesser intense, but like classification than what was applied for; table with cause, not to exceed one time for consideration at the next meeting; or deny the application.

4.

Hearing and action by the city council. After the planning commission recommends approval of an application, the planning coordinator shall be responsible for preparing the appropriate ordinance, and requesting that the city clerk-treasurer place it on the city council agenda. The planning coordinator shall review the proposed rezoning ordinance, prior to its placement on the city council agenda, to verify that the contents of the document and the property description therein, accurately reflect the action taken by the planning commission.

b.

Appeal process. A person may appeal by petition to the city council following disapproval of a proposed amendment or conditional use by the planning commission. The petitioner must state specifically in writing to the city clerk-treasurer why he considers the planning commission's findings and decisions to be in error. Such appeal shall be filed with the city clerk-treasurer within 15 days from the date of the commission's actions.

c.

Changes allowed. In considering an application for approval, whether on appeal or not, the city council may reduce the amount of land area included in the application, but not increase it; and may change the requested classification, in whole or in part, to a less intense zoning district classification than was indicated in the planning commission's required public notice.

d.

Approval criteria. The criteria for approval of a rezoning are set out in this section. Not all of the criteria must be given equal consideration by the planning commission or city council in reaching a decision. The criteria to be considered shall include, but not be limited to, the following:

1.

Consistency of the proposal with the purpose of these regulations;

2.

Compatibility of the proposal with the zoning, uses and character of the surrounding area;

3.

Suitability of the subject property for the uses to which it has been restricted without the proposed zoning map amendment;

4.

Extent to which approval of the proposed rezoning will detrimentally affect nearby property including, but not limited to, any impact on property value, traffic, drainage, visual impairment, odor, noise, light, vibration, hours of use/operation, and any restriction to the normal and customary use of the affected property;

5.

Length of time the subject property has remained vacant as zoned, as well as its zoning at the time of purchase by the applicant; and

6.

Impact of the proposed development on community facilities and services, including those related to utilities, streets drainage, parks, open space, fire, police, and emergency medical services;

7.

Taking the comprehensive plan into consideration as a guideline.

e.

Successive applications. In the event that the city council denies an application for a rezoning, a similar application involving any of the property considered in the previous rezoning request shall not be considered by the planning commission for six months from the date of the denial by the city council, unless the planning commission, upon recommendation by the city planner, determines that there is a significant change in the size or scope of the project, or that conditions have changed in the area affected by the proposed rezoning.

(Ord. No. 754, § 8-235, 7-6-2006; Ord. No. 1068, § 1, 12-15-2020; Ord. No. 1108, § 1(Exh. A), 6-21-2022)

State Law reference— Amendments to zoning ordinances, A.C.A. §§ 14-56-420, 14-56-422.

Before any action shall be taken as provided in these regulations, the applicant shall submit a fee with the application in accordance with the schedule as currently established or as hereafter adopted by resolution of the city council from time to time. Under no condition shall said sum or any part thereof be refunded for failure of said action to be approved by the city.

(Ord. No. 754, § 8-236, 7-6-2006)