In order to obtain zoning changes and certain permits, an applicant must first submit an application to the Administrative Official. The process for filing specific kinds of applications may be found as listed below.

Applicants should obtain the forms and directions for all applications at the Code Enforcement Office. The Administrative Official will maintain a calendar showing the required date for all applications.

(Ord. 2018-33; Ord. 2022-23)

2-2-1: Public Hearing Requirements. Public hearings shall be held for all zoning amendment/rezoning requests, planning commission decision appeals, conditional use permits, Board of Adjustment meetings, amendments to the Comprehensive Plan, and amendments to the Zoning Code.

2-2-2: Public Hearings for Rezonings, Plan Amendments, and Permits. For Comprehensive Plan amendments, rezoning/Zoning Code amendments, conditional use permits, and appeals of decisions of the planning commission; an advertised notice of public hearing is to be placed in a publication of general circulation at least 15 days prior to the public hearing.

2-2-3: Public Hearings for Board of Adjustment Items. Meetings of the Board of Adjustment shall be public hearings and require a notice of public hearing to be advertised 7 days prior to the public hearing.

2-3-1: Appeals of Planning Commission Decisions. Any person wishing to appeal a decision of the Planning Commission in interpreting any section of this Zoning Code or any decision approving or denying an application may make an appeal to City Council.

1.

Notice of Appeal: Notice of an appeal to the City Council of a decision of the Planning Commission to approve, conditionally approve, or deny a request shall be filed with the Administrative Official by the applicant or any other interested party within 30 days of the decision together with an appeal fee.

A.

The Notice of Appeal shall be filed on forms and in a format prescribed by the City. As a minimum, however, the applicant shall provide the following information:

B.

Summary of any reasons provided by the Planning Commission concerning the decision made in the case.

C.

Reasons why the applicant of the appeal contends that the Planning Commission erred in its decision.

D.

Reasons why the applicant of the appeal believes that the public health, safety, and welfare would be better served if the Planning Commission's decision were reversed.

E.

Any new and pertinent information bearing on the case which may have been overlooked by the Planning Commission or which may have come to light following the meeting at which the Planning Commission made its decision.

2.

Public Notice: Following receipt of the notice of appeal, the City Clerk shall set the matter for consideration on the City Council's next available agenda and give due notice to interested parties of the time and place of the public hearing.

A.

The Administrative Official shall provide notice of the appeal in a publication of general circulation at least 15 days before the hearing at the expense of the individual seeking the appeal.

B.

Also, the City shall require the petitioner to place a sign in an eye-catching place on the site of the property in question, indicating the date, time, and place of the public hearing on the petition. The sign should be placed on the site no fewer than 15 days prior to the date of the hearing.

3.

Appeal Hearing: At the time set for the appeal consideration, the City Council shall receive a written report from the Administrative Official on behalf of the Planning Commission setting forth the facts and circumstances of the case and the decision of Planning Commission. The applicant and any other interested party shall have an opportunity to present testimony orally and/or in writing.

A.

If new information is presented to the City Council that was not presented at the public hearing held before the Planning Commission or otherwise considered by the Planning Commission or public, the City Council shall remand the case back to the Planning Commission for reconsideration. For all planning commission decisions that originally required a public hearing, such reconsideration shall require a new public hearing.

B.

The City Council may affirm, reverse, or modify the decision of the Planning Commission. The decision of the City Council shall be final and shall be effective immediately upon pronouncement of the decision.

4.

Conditions: The City Council may only impose such conditions on its approval as may be necessary to conform to the Zoning Code and building regulations.

2-3-2: Appeals of Board of Adjustment Decisions. Appeals from the decision of the Board of Adjustment shall be made within 30 days of the decision directly to the court of record having jurisdiction as prescribed by A.C.A. § 14-56-416.

2-3-3: Appeals of Administrative Official Decisions. Appeals from the decisions of the Administrative Official shall be heard by the Board of Adjustment. See Article 10-3.

Planning Commission and City Council approvals covered by the Zoning Code shall be subject to following expiration requirements.

1.

Rezoning—Non PUD: No expiration

2.

Conditional Use: No expiration unless the property is rezoned, the use changed, or an expiration is required as a condition of approval. If the approved use ceases for more than 4 consecutive months after commencing, the approval shall expire. Conditional uses which are tied to the construction of a building or site improvements shall expire within 1 year if construction is not commenced, and 2 years if construction has not been completed.

3.

Planned Unit Development: See Section 4-4-2.8.

4.

Building Permits: Approvals shall expire within 6 months if construction has not commenced and 2 years if construction is not completed.

5.

Variance: Where no building or construction is involved, approvals shall expire within 1 year if the use or activity needing the variance is not begun.

6.

Where buildings or construction is involved, if a building permit for the construction ties to the variance is not within 1 year from the date of granting the Variance and not completed within 2 years, the approvals shall expire.

7.

Sign Permit: Approval shall expire within 6 months, if construction has not commenced and 1 year if construction is not completed.

8.

Tower Use Permit: Approval shall expire within 6 months, if construction has not commenced and 2 years if construction is not completed.

The Administrative Official shall have the authority to extend the approval of any item 1 time by 1 year, provided the request for an extension of approval is made in writing no more than 10 days after the date of the approval's expiration. To extend the approval of an item, the applicant must demonstrate that he or she has made reasonable attempts to abide by the deadlines associated with the approval. Any subsequent extensions shall require approval by the Planning Commission. The Administrative Official shall also have the authority to defer decision regarding the extension of an approval to the Planning Commission.

(Ord. 2022-14)

The City of Searcy shall impose fees for applications and items listed in the Zoning Code according to a schedule adopted by the City Council.