Arkansas 2025 2025 Regular Session

Arkansas Senate Bill SB505 Draft / Bill

Filed 03/18/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	SENATE BILL 505 3 
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By: Senator J. Bryant 5 
By: Representative B. McKenzie 6 
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For An Act To Be Entitled 8 
AN ACT TO AMEND THE LAW CONCERNING MUNICIPAL 9 
PLANNING; TO REQUIRE AN ADMINISTRATIVE PROCEDURE FOR 10 
CHANGES TO THE ZONING OR DISTRICT DESIGNATION OF 11 
PROPERTY IN CERTAIN INSTANCES; AND FOR OTHER 12 
PURPOSES.  13 
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Subtitle 16 
TO AMEND THE LAW CONCERNING MUNICIPAL 17 
PLANNING; AND TO REQUIRE AN 18 
ADMINISTRATIVE PROCEDURE FOR CHANGES TO 19 
THE ZONING OR DISTRICT DESIGNATION OF 20 
PROPERTY IN CERTAIN INSTANCES. 21 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 
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 SECTION 1.  Arkansas Code § 14 -56-416 is amended to add an additional 25 
subsection to read as follows: 26 
 (d)(1)  The ordinance may establish an administrative procedure for 27 
changing the zone or district designation of a property when the request is: 28 
 (A)  Made by the property owner; and 29 
 (B)  Consistent with the adopted land use plan. 30 
 (2)  An administrative change of a zone or district designation 31 
under subdivision (d)(1) of this section is not subject to the requirements 32 
under § 14-56-422 or § 14-56-423.  33 
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 SECTION 2.  Arkansas Code § 14 -56-422 is amended to read as follows: 35 
 14-56-422. Adoption of plans, ordinances, and regulations. 36    	SB505 
 
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 All Except as otherwise provided in § 14 -56-416(d), all plans, 1 
recommended ordinances, and regulations shall be adopted through the 2 
following procedure: 3 
 (1)(A)  The planning commission shall hold a public hearing on 4 
the plans, ordinances, and regulations proposed under this subchapter. 5 
 (B)  Notice of public hearing shall be published in a 6 
newspaper of general circulation in the city at least one (1) time fifteen 7 
(15) days prior to the hearing. 8 
 (C)  Notice by first class mail to the boards of directors 9 
of all school districts affected by a proposed plan, ordinance, or regulation 10 
shall be provided sufficiently in advance to allow representatives of all 11 
affected school districts a reasonable opportunity to submit comments on any 12 
proposed plan, ordinance, or regulation; 13 
 (2)  Following the public hearing, proposed plans may be adopted 14 
and proposed ordinances and regulations may be recommended as presented or in 15 
modified form by a majority vote of the entire commission; 16 
 (3)  Following its adoption of plans and recommendation of 17 
ordinances and regulations, the commission shall certify adopted plans or 18 
recommended ordinances and regulations to the legislative body of the city 19 
for its adoption; 20 
 (4)  The legislative body of the city may return the plans and 21 
recommended ordinances and regulations to the commission for further study or 22 
recertification or by a majority vote of the entire membership may adopt by 23 
ordinance or resolution the plans and recommended ordinances or regulations 24 
submitted by the commission. However, nothing in this subchapter shall be 25 
construed to limit the city council's authority to recall the ordinances and 26 
resolutions by a vote of a majority of the council; and 27 
 (5)(A)  Following adoption by the legislative body, the adopted 28 
plans, ordinances, and regulations shall be filed in the office of the city 29 
clerk. 30 
 (B)  The city clerk shall file the plans, ordinances, and 31 
regulations as pertain to the territory beyond the corporate limits with the 32 
county recorder of the counties in which territorial jurisdiction is being 33 
exercised. 34 
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 SECTION 3.  Arkansas Code § 14 -56-423 is amended to read as follows: 36    	SB505 
 
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 14-56-423. Change in plans, etc. 1 
 After Except as otherwise provided in § 14 -56-416(d), after adoption of 2 
plans, ordinances, and regulations and proper filing in the offices of city 3 
clerk and county recorder, no alteration, amendment, extension, abridgement, 4 
or discontinuance of the plans, ordinances, or regulations may be made except 5 
in conformance with the procedure prescribed in § 14 -56-422, or by a majority 6 
vote of the city council. 7 
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