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Ordinance #138

AN ORDINANCE AMENDING ORDINANCE 123 PROVIDING FOR

SUBDIVISION REGULATIONS TO CONTROL THE DEVELOPMENT

OF LAND WITHIN THE CITY OF JOHNSON, ARKANSAS, TO

AMEND THE PROCEDURE FOR NOTICE IN ALL APPLICATIONS

FOR LOT SPLITS AND VARIANCE REQUESTS, AND FOR

OTHER PURPOSES.

WHEREAS, the City Council of Johnson, Arkansas deem it

necessary to have a uniformed procedure to accommodate petitions

for lot splits and variance requests to better cope v?ith the

increasing needs and to insure quality development; and

WHEREAS, the Johnson Planning Commission has determined

after a lengthy study to establish updated procedures and uniform

guidelines for notice concerning lot splits and variance requests

for a uniformed subdivision development.

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

ARKANSAS IN REGULAR SESSION ASSEMBLED AS FOLLOWS:

SECTION ONE: That a variance is described in Section 1.6

of Ordinance 123 entitled Subdivision Regulations. That lot

splits are described in Section 2.6 of Ordinance 123 entitled

Subdivision Regulations. That both Sections 1.6 and 2.6 are

amended to include the notice procedure to make proper

application for a lot split and variance.

SECTION TWO: That the procedure noted in Ordinance 117,

Article 12, Paragraph 5 pertaining to rezoning petition are

applicable and applied to lot split and variance requests.

SECTION THREE: Notice: The Planning Commission must conduct

a public hearing on any petition for change for lot splits and

all variance requests before it can be considered for adoption by

the City Council. A notice of the public hearing shall be

published in the newspaper of general circulation in the City of

Johnson, Arkansas at least one time, fifteen (15) days prior to

the hearing. Fifteen (15) days prior to the hearing, the clerk

shall have a sign, which contains a copy of the notice and

petition in clear weatherproof container stating the day, date,

time and place for the hearing, placed in a conspicuous place in

the street right-of-way to the property. The city shall provide

the sign which shall be at least four (4) feet square and have

the \-7ords, "Lot Split Petition On This Property

11 or "Variance

Request On This Property", whichever is appropriate in black

letters two inches high at the top of the white sign. A letter

or hand delivered notice shall also be sent, fifteen (15) days

prior to the hearing to each adjacent property owner including

property owners across streets and alleys.

SECTION FOUR: It has been found and hereby declared by the

City Council of the City of Johnson, Arkansas in regular session

assembled that this Ordinance is immediately required in order to

have uniformity in the procedures set forth to make a lot split

application or a variance application to the City of Johnson

which will have the effect of stabilizing property values and to

insure orderly development of the community for the general

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welfare of the citizens. Therefore, an emergency is hereby

declared to exist and this ordinance being necessary for the

preservation of the public peace

health, and safety shall be in

full force and effect from the date of its approval.

PASSED AND APPROVED THIS 12TH DAY OF JULY,

1994.

MAYOR

ATTEST:

_

CLERK/RECORDER