The provisions of this Code shall be administered by the Enforcement Officer, who shall be designated by the Mayor. Decisions by the Enforcement Officer may be appealed to the Board of Adjustment. The Enforcement Officer shall keep records of all permits issued or denied, all certificates of occupancy issued or denied, and all violation complaints received along with action taken.

9-1-1: Powers and Duties. The Enforcement Officer or designated staff shall enforce the provisions of this Code, and shall have authority to:

1.

Examine and approve any application pertaining to the use of land, buildings, or structures to determine if the application conforms with to the provisions of this Code.

2.

Issue all zoning approvals.

3.

Conduct inspections of buildings, structures, and use of land as is necessary to determine compliance with the regulations of this Code.

4.

Revoke permits/licenses associated with zoning approvals where provisions of this Code are being violated.

5.

Issue or deny building permits and certificates of occupancy based upon compliance with this Code and other applicable codes. Written notices stating the reasons for denial will be provided with any building permit or certificate of occupancy.

9-1-2: Building Code. All fabrication, erection, construction, enlargement, alteration, repairs of buildings or structures shall meet the Arkansas Fire Prevention Code or other applicable state and city building codes.

9-1-3: Building Permit. The Enforcement Officer will issue a building permit for either the new construction or renovation of a building or structure within the corporate limits of the City of Searcy only when the application has been approved by the Enforcement Officer as meeting the requirements of these regulations. No building permit shall be issued for the construction of any building or structure located on a lot or parcel subdivided or sold in violation of the provisions of these regulations, nor shall the municipality have any obligation to issue certificates of occupancy or to extend utility services to any parcel created in violation of these regulations.

No building permit shall be issued for the construction of any building or structure located on a lot or parcel subdivided or sold in violation of the provisions of these regulations, or the Searcy Subdivision Regulations, nor shall the municipality have any obligation to issue a certificates of occupancy (COE) or to extend utility services to any parcel created in violation of these regulations or the Searcy Subdivision Regulations.

All applications for building permits shall be accompanied by a plot plan, submitted in two copies, drawn to scale, showing the size and location of the building to be constructed, indicating the setbacks from perimeter property boundary lines, building lines and eave lines, proposed off-street parking, and such other information as may be necessary to provide for the proper administration of these regulations. A record of such application and plot plan shall be filed with the Enforcement Officer.

No building permit shall be issued for the construction of any building or structure located on a lot or parcel subdivided or sold in violation of the provisions of these regulations, or the Searcy Subdivision Regulations, nor shall the municipality have any obligation to issue a certificates of occupancy (COE) or to extend utility services to any parcel created in violation of these regulations or the Searcy Subdivision Regulations.

9-1-4: Certificate of Occupancy. No building erected or structurally altered shall be used, occupied or changed in use until a Certificate of Occupancy shall have been issued by the Enforcement Officer, stating that the building or proposed use of a building or premises complies with the provisions of these regulations. The Enforcement Officer shall maintain a record of all Certificates of Occupancy. A Certificate of Occupancy may be revoked by the Enforcement Officer when it is found that the building or land does not conform to the use or condition, if any, in the Certificate. Each day a use continues after revocation of the Certificate shall constitute a separate offence and shall be punished as provided herein.

It shall be unlawful for any public or private utility to connect utility service to a building hereinafter erected or structurally altered for which a Certificate of Occupancy has not been issued and evidence of such issuance delivered to the public or private utility.

9-2-1: Enforcement Procedure. Enforcement of this Code shall be handled in accordance with enforcement procedures for the City of Searcy Code Enforcement Department which are defined by separate ordinance.

9-2-2: Penalty for Violation. Any person or corporation who shall violate any of the provisions of these regulations or fail to comply with any of the requirements, or who shall build or alter any building in violation of the detailed statement of plans submitted and approved hereunder shall be deemed guilty of a misdemeanor and shall be liable to a fine of not less than $25.00 nor more than $100.00. Each day such violation is permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part of a building/premises, where anything in violation of these regulations shall be placed, or shall exist; and any architect, builder, contractor, agent, engineer, person, or other corporation employed in connection with and who may have assisted in the commission of any such violation, shall be deemed guilty of a separate offense and upon conviction shall be fined.

9-2-3: Penalty for False Information. Any person who fails to give full and correct information when applying for a permit shall be subject to a fine of not less than $25.00 nor more than $100.00, and the Court, in its discretion, may require that the violation be corrected to comply with the Zoning Code. Any building permit issued upon an incomplete application, regardless of the intent of the applicant, shall be wholly void as though said permit had never been issued, and any construction based upon or resulting from such permit shall be deemed to be construction without a permit.

Because of their unique character and impact on adjacent properties, some uses in this code are designated as conditional uses and require a permit. Depending on the nature of the use, such uses may or may not be desirable and appropriate in all circumstances. Each application must be individually considered by the Planning Commission to provide for a determination of approval, imposed conditions of approval, and any special restrictions. These conditions and restrictions are used to protect the adjacent area where the conditional use will be located. The following regulations control the placement of conditional uses.

9-3-1: Application for Conditional Use Permit. A Request for Planning Commission Action shall be submitted, in a form provided by the Planning Office, no later than the end of the first business day of the month preceding the month in which Planning Commission Action is requested. The staff will provide a submittal packet when a Request for Planning Commission Action has been filed. The applicant shall submit all requested material 5 business days after the first of the month preceding the month in which Planning Commission Action is requested except for a proof of publication of the required public hearing notice and proof of certified mail deliveries. Those items must be filed with the Planning Office no later than 7 business days before the Planning Commission meeting at which the request is to be heard. Such items shall include:

1.

Name and address of the applicant.

2.

Statement that the applicant is the owner or the authorized agent of the owners of the property for which the Conditional Use is proposed.

3.

Address and legal description of the property.

4.

A list of the names and addresses of the owners and occupants of properties lying within 200 feet of the subject property certified by an abstractor licensed to do business in the State of Arkansas or obtained from the records of the White County Assessor's Office.

5.

Detailed description of the proposed use of the property and any proposed improvements.

6.

Maps of the property as follows:

A.

A vicinity map clearly showing the location of the property.

B.

A plot plan or site layout of the subject property to scale or clearly dimensioned, showing the zoning of adjacent properties, existing buildings, parking, sidewalks, street access, and landscaping and, if applicable, a site plan of any proposed improvements. Site plan should be to scale and show proposed building locations with applicable building setbacks, parking, and circulation patterns.

C.

A digital copy of the legal description of the subject property submitted as a Microsoft Word® document no later than the date on which the application is submitted.

7.

The application shall be accompanied by the prescribed fee as indicated in Schedule of Fees.

9-3-2: Hearing on Application and Notice Requirements.

1.

Upon receipt in proper form of the application, the Administrative Official shall set a date for a public hearing on the proposed Conditional Use according to a monthly schedule to be maintained by the Administrative Official.

2.

Notice of such hearing shall be published by the applicant at least one time not less than fifteen (15) days prior to the public hearing in a newspaper of general circulation in the City of Searcy.

3.

The cost of the publication of the notice shall be paid by the Applicant.

4.

The Administrative Official shall post a suitable and pertinent sign on the property involved giving notice of such hearing not less than 15 days prior to the hearing.

5.

The Notice of Public Hearing indicating the date of the hearing, a description of the property, and the proposed Conditional Use shall be given by the Applicant. The Applicant shall, at his/her expense and within 15 days of the hearing date, send to each owner and/or occupant of property located within 200 feet of the subject property. This notice requirement shall be satisfied by notice by certified mail, return receipt requested. At least 7 days in advance of the hearing, the Applicant shall provide evidence of proper notifications.

9-3-3: Standard of Review. The following standards will govern the review of a proposed Conditional Use.

1.

The proposed Conditional Use shall be consistent with the goals and provisions of the city's Comprehensive Plan; the provisions of this code and other applicable city, state, and federal codes; and shall protect the health, safety, welfare, and morals of the community;

2.

The proposed Conditional Use is planned and designed to be in harmony with other property in the immediate vicinity for the purposes already permitted:

3.

The establishment of the Conditional Use will support the normal or orderly development and improvement of the surrounding property for uses permitted in the district;

4.

The proposed land use is compatible with other area properties;

5.

The proposed Conditional Use will be in conformance with all off-street parking and loading requirements; and ingress and egress, and pedestrian ways will be adequate;

6.

Landscaping and screening of the proposed Conditional Use shall be in accordance with this Code;

7.

Proposed Conditional Use signs shall be in accordance with this Code;

8.

Open spaces located on the proposed Conditional Use shall be maintained by the owner/developer;

9.

The size and shape of the site as well as the size, shape and arrangement of proposed structures are in accordance with this Code.

10.

The design of the proposed Conditional Use will include safeguards limiting noxious or offensive emissions, including lighting, noise, glare, dust, and odor.

9-3-4: Conditions of Conditional Use. The Planning Commission may include such conditions or restrictions upon the construction, location, and operation of a Conditional Use, as deemed necessary to secure the general objectives of this Code.

1.

Violation of any condition imposed for approval shall constitute grounds for revocation of the Conditional Use Permit.

2.

Changes to the use of the property or site not covered by an approved Conditional Use Permit shall require approval of a new Conditional Use Permit. This includes but is not limited to expansion of an existing use, structural changes, additions to structures, changes in off-street parking, etc.

9-3-5: Deadline for Planning Commission Decision. Within 30 days after the close of a public hearing on a proposed Conditional Use, the Planning Commission shall make a written finding of fact with respect to the Application and transmit the same to the Applicant.

9-3-6: Effect of Denial of a Conditional Use. No application for a Conditional Use Permit which has been denied wholly or partly by the Planning Commission shall be resubmitted for a period of 1 year from date of said denial, unless the Planning Commission finds that a substantial change in conditions has occurred.

9-3-7: Lapse of a Conditional Use Permit. A Conditional Use Permit granted hereunder shall lapse and become void:

1.

Where no building or construction is involved, if the use of the property which is the subject matter of the Conditional Use Permit shall not have been commenced in accordance with the Conditional Use within 1 year of the date of granting the Conditional Use Permit; or

2.

Where buildings or construction is involved, if a building permit for such construction in accordance with the Conditional Use Permit shall not have been issued within 1 year from the date of granting the Conditional Use Permit, and, thereafter, such construction diligently pursued so as to be completed and placed in use within 2 years from the date of granting the Conditional Use Permit.

3.

Whether or not building or construction work is involved, if the use of the property as authorized by the Conditional Use Permit, or Modification or Renewal, is commenced and at a later date is discontinued for a period of 6 consecutive months, or there is evidence of a clear intent on the part of the owner to abandon the use of the property in accordance with the Conditional Use Permit, then the Conditional Use Permit, or Modification or Renewal, shall lapse and become void, and thereafter the property shall be used only in conformity with the regulations of the District in which it is located.

4.

Whenever a Conditional Use Permit, or Modification or Renewal, has lapsed and become void, then another application for a Conditional Use Permit for the same or a different use may be submitted without regard to the one-year waiting period prescribed in 9-3-6 above.

5.

In the case where any of the specific terms and conditions of a conditional use permit are violated, ignored, or otherwise not observed the Enforcement Officer may revoke the permit. A 30-day written notice using certified mail shall be addressed to the applicant indicating the nature of the non-compliance and the applicant's right to file an appeal to the Board of Adjustment. If no appeal is filed within 30-day period, and the non-compliance has not been corrected within 45 days of receipt of the written notice, the permit shall be revoked. Revocation shall be immediate and shall prevent use of the property in a general manner as specified in the original permit. The property shall revert to its use status prior to issuance of the conditional use permit.

(Ord. 2020-06; Ord. No. 2022-31, §§ 11—13, 10-11-22)

This Code may be amended by changing the text, the Official Zoning Map, or both in accordance with the procedures below. Zoning amendments shall conform to the city's adopted land use plan. If a proposed amendment conflicts with the land use plan, the applicant must request an amendment to the land use plan. The planning commission may allow the submission of a request for a plan amendment simultaneously with a request of the re-zoning of a property. The following may initiate a request to amend this Code.

1.

A member or members of the City Council.

2.

A member or members of the Planning Commission.

3.

The owner of a property or the owner's appointed agent.

9-4-1: Amendments by the City Council. Amendments by the City Council may be made in the following manner.

1.

The City Council may refer a request for amendment to the Planning Commission to be considered in accordance with the procedures outlined in Article 9-4-2.

2.

The City Council may act upon a request to 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 upon the approval of two/thirds of the entire City Council. This City Council may take this action through normal ordinance procedures with no further public hearing or notification.

9-4-2: Amendments by the Planning Commission. Amendments by the Planning Commission may be made in accordance with the procedures outlined as follows.

1.

The Planning Commission may consider amendments or additions to the Zoning Code in order to carry out or protect the provisions of its adopted plans.

2.

If the proposed amendments are not consistent with any provisions of the comprehensive plan, the Planning Commission shall first consider and adopt any necessary changes to the plan.

3.

The Planning Commission shall hold a public hearing to consider amendments to the Zoning Code and amendments to the Comprehensive Plan, if required.

4.

Notice of such hearing shall be published at least one time not less than 15 days prior to the date of the public hearing in a newspaper of general circulation in the City of Searcy.

5.

Changes in zoning classifications initiated by the Planning Commission shall be considered comprehensive changes affecting the entire city and notice to individual property owners shall be not be made unless the Planning Commission shall make a finding that a substantial public benefit would be attained by such notification. 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 days prior to the public hearing at which the changes will be considered. Information concerning the proposed plans shall also be posted on the city's web site.

6.

Following the public hearing, the proposed amendments may be recommended as presented, or in modified form, by a majority of the entire Planning Commission.

7.

Following its adoption of plans and recommendations of ordinances and regulations, the commission shall certify adopted plans or recommended ordinances and regulations to the City Council for its adoption.

9-4-3: Amendments by Property Owners. Amendments by property owners, or their agents, may be made in the following manner.

1.

A Request for Planning Commission Action shall be submitted, in a form provided by the Planning Office, no later than the end of the first business day of the month preceding the month in which Planning Commission Action is requested. The staff will provide a submittal packet when a Request for Planning Commission Action has been filed. The applicant shall submit all requested material 5 business days after the first of the month preceding the month in which Planning Commission Action is requested except for a proof of publication of the required public hearing notice and proof of certified mail deliveries. Those items must be filed with the Planning Office no later than 7 business days before the Planning Commission meeting at which the request is to be heard.

2.

The application for a Zoning Map Amendment shall contain the following information:

A.

A list of the names and addresses of owners and occupants of properties located within 200 feet of the subject property certified by an abstractor licensed to do business in the State of Arkansas or obtained from the records of the White County Assessor's Office.

B.

A map of the subject property, delineating:

i.

The dimensions of property

ii.

Approximate location of buildings with appropriate dimensions;

iii.

Land uses of adjacent properties.

iv.

A vicinity map of sufficient clarity to allow location of the property for which a re-zoning request is located.

C.

The application shall be accompanied by the prescribed fee.

3.

Hearing on Application: Upon receipt in proper form of the application for a Zoning Map Amendment, the Administrative Official shall fix a date for a public hearing according to a monthly schedule maintained in the Planning Office.

Notice of such hearing shall be published at least one time not less than 15 days prior to the date of the public hearing in a newspaper of general circulation in the City of Searcy. The applicant shall bear the cost of such advertising.

Notice of such hearing shall be given by posting a suitable and pertinent sign on the property involved by the applicant not less than 15 days prior to the hearing. Posting of the sign by the prescribed time shall be the responsibility of the city.

Notice of the Public Hearing prescribing the date of the hearing and including a description of the property and of the proposed Amendment relating thereto shall be given by the Applicant, at his expense, to each owner/or occupant of property located within 200 feet of the property which is the subject matter of the application within 15 days of the hearing date. This notice requirement shall be satisfied by notice by certified mail, return receipt requested.

No less than 7 days prior to the public hearing, the applicant shall submit supplementary materials to the Planning Office consisting of the following.

A.

Proof of publication that the required public notice has appeared in a newspaper of general circulation at least 15 days prior to the public hearing.

B.

Return receipts from certified mailing to owner/occupants within 200 feet of the property which is the subject matter of the application.

The applicant shall then be placed on the Planning Commission agenda for the meeting on which the public hearing is to be held.

4.

Following the public hearing, the proposed amendment or change of district boundary may be approved as presented or in reduced scope by a majority vote of the entire Planning Commission, with recommendation for adoption by the City Council. Such modification shall not include a recommendation to a more, but not less, restrictive zone.

5.

If the Planning Commission disapproves a proposed amendment or re-zoning petition, the reason for such disapproval shall be given in writing to the petitioner within 15 days from the date of the hearing.

6.

Following disapproval of a proposed amendment or re-zoning by the Planning Commission, the petitioner may appeal such disapproval to the City Council, in accordance with Article 2-3-1.

7.

The City Council, by a majority vote, may, by ordinance, adopt a recommended amendment submitted by the Planning Commission or may return the proposed amendment to the Planning Commission for further study and recommendation.

8.

No application for a zoning amendment will be reconsidered by the Planning Commission for a period of 12 months of elapsed time from the date of final disapproval of the proposed amendment, unless the Planning Commission determines by ⅔ majority vote that a substantial reason exists for waiving this mandatory waiting period.

(Ord. 2020-06; Ord. No. 2022-31, §§ 14, 15, 10-11-22)

A request for reasonable accommodation may be made by an individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning, or building regulation, policy, practice or procedure restricts fair housing opportunities. In this context, "reasonable accommodation" means alleviating specific regulations, policies and procedures that restrict persons who are handicapped, as defined by the Fair Housing Laws, from housing opportunities. Request for reasonable accommodation applications will be considered by the City of Searcy Planning Commission to provide a determination of approval. The Planning Commission may approve any application that satisfies all of the following conditions:

1.

The accommodation will ensure that the City complies with Fair Housing Laws and provides greater housing opportunities for individuals with disabilities.

2.

The housing, which is the subj ect of the request for reasonable accommodation, will be used by one or more individuals with disabilities protected under Fair Housing Laws.

3.

The requested accommodation is necessary to make housing available to one or more individuals with disabilities protected under the Fair Housing Laws.

4.

The requested accommodation will not impose an undue financial or administrative burden on the City.

5.

The requested accommodation will not require a fundamental and unreasonable change in the nature of:

A.

The City's Land Use Plan;

B.

The City's Zoning Plan;

C.

Building Codes;

D.

Any regulation necessary to protect the health and safety of occupants.

9-5-1. Request for Reasonable Accommodation Application: A Request for Planning Commission Action in a form provided by the City of Searcy Code Enforcement Office no later than the end of the first business day of the month preceding the month in which Planning Commission Action is requested. The staff will provide a submittal packet when Request for Planning Commission Action has been filed and the applicant shall submit all requested material five (5) business days from the first of the month. Such items shall include:

1.

Name and address of the applicant;

2.

Statement that the applicant is the owner or authorized agent of the owners of the property for which the request for reasonable accommodation is being made;

3.

Address of the property;

4.

Detailed description for the request for reasonable accommodation and any proposed improvements required.

5.

The application shall be accompanied by the prescribed fee as indicated in the Schedule of Fees.

9-5-2: Appeals. Appeal process shall be handled within Art. 2-3 of this Code.

(Ord. No. 2022-23, § 1, 8-9-22)