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Ordinance 2016-05

ORDINANCE NO. 2016-05

AN ORDINANCE TO CREATE A HILLTOP/HILLSIDE OVERLAY  DISTRICT AND ADOPT A HILLTOP/HILLSIDE OVERLAY DISTRICT MAP TO IDENTIFY THOSE AREAS OF JOHNSON MOST SUSCEPTIBLE TO STORM WATER RUNOFF/DRAINAGE PROBLEMS; DECLARING AN EMERGENCY TO EXIST; AND FOR OTHER PURPOSES.

WHEREAS, Ordinance No. 2007-06 adopted July 10, 2007, by the City Council addressed many of the storm water runoff, erosion and runoff pollution situations within the City.

WHEREAS, subsequent residential development has revealed shortcomings in Ordinance No. 2007-06 which exempts all single family residential construction and additions following subdivision approval.

WHEREAS, on Monday the 25  day of January, 2016, the Planning Commission held a Public Hearing on Petition 2016-05 and recommends to the City Council to create the "Hilltop/Hillside Overlay District" in the City.

WHEREAS, the Planning Commission, following such Public hearing, passed Petition No. 2016-05 and recommends to the City Council to create a "Hilltop/Hillside Overlay District" for the City to address storm water runoff and drainage issues in specific areas of the City in accordance with the 24by 36"Hilltop/Hillside Overlay District Map" to be maintained at City Hall pertaining to the areas identified thereon.                  ·

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That:

Section 1: That  a  "Hilltop/Hillside  Overlay  District"  is  hereby  created  to  identify those areas of Johnson requiring special consideration of issues concerning storm water runoff  and drainage; said Hilltop/Hillside Overlay District contains those areas of Johnson identified on the Hilltop/Hillside Overlay District Map mentioned herein and generally is those areas of the City having a slope of 8% or greater. Regulations and standards applying to the Hilltop/Hillside Overlay District whether set forth herein or in other provisions of the Johnson Municipal Code or Ordinances of the City shall apply to all properties identified as being within the Hilltop/Hillside Overlay District. Such regulations and standards shall be in addition to and shall overlay all other Code/Ordinance regulations and standards including but not limited to zoning district, signage regulations, development, redevelopment, and expansions of existing development. Should there be a conflict between the regulations and standards of the Hilltop/Hillside Overlay District and those of the underlying regulations and standards, the regulations and standards of the Overlay District shall control.

Section 2: That the Hilltop/Hillside Overlay District Map (24" by 36") with original signatures maintained at City Hall is hereby adopted to identify those areas in the City lying within such Overlay District.

           Section 3:        That except as provided above neither the Hilltop/Hillside Overlay              District nor the Hilltop/Hillside Overlay District Map shall otherwise affect previous            Ordinances, Resolutions or adopted codes/standards for development/construction                  within the City of Johnson.

Section 4: Whereas construction season is beginning and continued building on land having a slope of eight percent (8%) or greater will likely cause significant drainage and runoff issues in many areas of the City, therefore in order to preserve the health, safety and welfare of those in the City an emergency is hereby declared and this ordinance shall be effective immediately upon its passage and adoption.

PASSED AND APPROVED this 9th day of February 2016.

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