The purpose of this article is to provide a method of oversight of certain land uses which, while not requiring the full review process of the conditional use permits, do require some review procedure which allows for determination of their appropriateness within the neighborhood for which they are proposed and for public comment.

(Ord. No. 34-2024, § 3(28-153(a)), 12-16-2024)

The property owner or an authorized agent shall apply for a special use permit under the guidelines and process provided by the planning and zoning department through submission of a planning commission application. The planning commission shall notify all property owners within 300 feet of the proposed site of the requested action. A public hearing on the special use permit will be held by the planning commission.

(Ord. No. 34-2024, § 3(28-153(b)), 12-16-2024; Ord. No. 13-2025, 5-5-2025)

Appeals from the action of the planning commission shall be filed with the board of directors. All appeals must be filed in writing with the city clerk within 30 calendar days of the decision of the planning commission. Appeal should include why the applicant considers the planning commission's findings and decisions in error. No activity which requires said permit shall be conducted prior to final approval. Decisions of the board of directors shall be final and binding.

(Ord. No. 34-2024, § 3(28-153(c)), 12-16-2024)

Uses which are determined to require special use permits will be designated in article III of this chapter.

(Ord. No. 34-2024, § 3(28-153(d)), 12-16-2024)

Special use permits shall not be transferable in any manner. Permits cannot be passed from owner to owner, location to location or use to use. The special use approved by the commission must be initiated within one year of the date of approval, unless an extension of time is granted by the commission. Otherwise, the commission's approval of the special use permit shall be considered void.

(Ord. No. 34-2024, § 3(28-153(e)), 12-16-2024)

The site and location criteria for uses requiring special use permits are as follows:

(1)

All family care facilities, group care facilities or group homes located in R I or R-2 zones must be located in single family homes adhering to the R-1 and R-2 development criteria as stated in section 50-59 and no physical changes are permitted which would provide other than sleeping accommodations.

(2)

Parking requirements shall be as stated in this chapter.

(3)

The fire marshal shall approve the use of any structure proposed as a family care facility, group care facility or group home.

(4)

All family care facilities, group care facilities or group homes shall meet the requirements of the most current International Residential Code in effect at the time of application for approval.

(5)

Family care facilities, group care facilities, or group homes shall be operated within any and all applicable licensing and procedural requirements established by the state and the city.

(6)

Community-based, state-licensed, and supervised residential homes providing a single-family environment for developmentally disabled person are exempt from any requirements to obtain a conditional use permit or special use permit as stated in A.C.A. § 20-48-604.

(Ord. No. 34-2024, § 3(28-153(f)), 12-16-2024)

The following items are to be considered:

(1)

The number and spacing of existing similar facilities in the neighborhood.

(2)

Existing zoning and land use patterns.

(3)

Area wide availability of facilities providing like services.

(4)

Readily available access to public or quasi-public transportation.

(5)

Access needed support services such as social services agencies, employment agencies and medical service providers.

(Ord. No. 34-2024, § 3(28-153(g)), 12-16-2024)

Issues the planning commission will consider during its review of a family care facility, group care facility or group home include, but are not limited to:

(1)

Separation, spacing and procedural requirements for family care facilities, group care facilities and group homes will be determined by the planning commission so as not to adversely impact the surrounding properties and neighborhood.

(2)

Spacing, number and availability of existing similar facilities.

(3)

Existing zoning and land use patterns.

(4)

The maximum number of individuals proposed to be served, the number of employees proposed, and the type of services being proposed.

(5)

The need and provision for readily accessible public or quasi-public transportation.

(6)

Access needed support services such as social services agencies, employment agencies and medical service providers.

(7)

Lawful provisions of a valid bill of assurance, covenants, homeowner association agreements, etc. for the subdivision within which the subject property is located.

(8)

Availability of adequate off-street parking.

(Ord. No. 34-2024, § 3(28-153(h)), 12-16-2024)

Any approved special use permit may, upon review and action by the planning commission, be revoked. Revocation proceedings may be initiated by staff or upon receipt by staff of a petition signed by the majority of owners of the properties located within 200 feet of the property for which a special use permit has been approved. Prior to revocation proceedings, applicants shall be given notice of pending revocation proceedings identifying the issues/complaints being considered. Said notification letter shall outline an appropriate remediation period during which applicant may correct said issues and halt the revocation proceedings. Should the issues remain uncorrected after the allocated remediation period, the planning commission may revoke the special use permit if it is determined the use approved under the special use permit is being conducted contrary to the original approved application or contrary to any laws of the city, state and/or federal government, that there has been a substantial changed in circumstance since the approval to the extent the use has become detrimental to the residential character of the neighborhood. Appeals from the action of the planning commission shall be as set forth in section 50-356.

(Ord. No. 34-2024, § 3(28-153(i)), 12-16-2024)

Should an applicant believe that circumstances make it necessary to seek an accommodation from the requirements of this section, the applicant is responsible for submitting a request to the city's planning staff setting forth in detail the needed accommodation. The request shall subsequently be referred to the planning commission for a decision on the request. Appeals from the action of the planning commission shall be as set forth in section 50-356.

(Ord. No. 34-2024, § 3(28-153(j)), 12-16-2024)