AR
Arkansas Senate Bill SB505

Arkansas 2025 Regular Session

Arkansas Senate Bill SB505 Compare Versions

OldNewDifferences
11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 595 of the Regular Session
3-*SSS260* 03-31-2025 14:28:39 SSS260
4-
5-State of Arkansas As Engrossed: S3/31/25 1
2+*SSS260* 03/18/2025 1:44:38 PM SSS260
3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 SENATE BILL 505 3
86 4
97 By: Senator J. Bryant 5
108 By: Representative B. McKenzie 6
119 7
1210 For An Act To Be Entitled 8
1311 AN ACT TO AMEND THE LAW CONCERNING MUNICIPAL 9
1412 PLANNING; TO REQUIRE AN ADMINISTRATIVE PROCEDURE FOR 10
1513 CHANGES TO THE ZONING OR DISTRICT DESIGNATION OF 11
1614 PROPERTY IN CERTAIN INSTANCES; AND FOR OTHER 12
1715 PURPOSES. 13
1816 14
1917 15
2018 Subtitle 16
2119 TO AMEND THE LAW CONCERNING MUNICIPAL 17
2220 PLANNING; AND TO REQUIRE AN 18
2321 ADMINISTRATIVE PROCEDURE FOR CHANGES TO 19
2422 THE ZONING OR DISTRICT DESIGNATION OF 20
2523 PROPERTY IN CERTAIN INSTANCES. 21
2624 22
2725 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
2826 24
2927 SECTION 1. Arkansas Code § 14 -56-416 is amended to add an additional 25
3028 subsection to read as follows: 26
3129 (d)(1) The ordinance may establish an administrative procedure for 27
3230 changing the zone or district designation of a property when the request is: 28
3331 (A) Made by the property owner; and 29
3432 (B) Consistent with the adopted land use plan. 30
3533 (2) An administrative change of a zone or district designation 31
3634 under subdivision (d)(1) of this section is not subject to the requirements 32
3735 under § 14-56-422 or § 14-56-423. 33
38- (3) Decisions rendered on administrative changes of a zone or 34
39-district designation under subdivision (d)(1) of this section may be appealed 35
40-to the planning commission of the municipality. 36 As Engrossed: S3/31/25 SB505
36+ 34
37+ SECTION 2. Arkansas Code § 14 -56-422 is amended to read as follows: 35
38+ 14-56-422. Adoption of plans, ordinances, and regulations. 36 SB505
4139
42- 2 03-31-2025 14:28:39 SSS260
40+ 2 03/18/2025 1:44:38 PM SSS260
41+ All Except as otherwise provided in § 14 -56-416(d), all plans, 1
42+recommended ordinances, and regulations shall be adopted through the 2
43+following procedure: 3
44+ (1)(A) The planning commission shall hold a public hearing on 4
45+the plans, ordinances, and regulations proposed under this subchapter. 5
46+ (B) Notice of public hearing shall be published in a 6
47+newspaper of general circulation in the city at least one (1) time fifteen 7
48+(15) days prior to the hearing. 8
49+ (C) Notice by first class mail to the boards of directors 9
50+of all school districts affected by a proposed plan, ordinance, or regulation 10
51+shall be provided sufficiently in advance to allow representatives of all 11
52+affected school districts a reasonable opportunity to submit comments on any 12
53+proposed plan, ordinance, or regulation; 13
54+ (2) Following the public hearing, proposed plans may be adopted 14
55+and proposed ordinances and regulations may be recommended as presented or in 15
56+modified form by a majority vote of the entire commission; 16
57+ (3) Following its adoption of plans and recommendation of 17
58+ordinances and regulations, the commission shall certify adopted plans or 18
59+recommended ordinances and regulations to the legislative body of the city 19
60+for its adoption; 20
61+ (4) The legislative body of the city may return the plans and 21
62+recommended ordinances and regulations to the commission for further study or 22
63+recertification or by a majority vote of the entire membership may adopt by 23
64+ordinance or resolution the plans and recommended ordinances or regulations 24
65+submitted by the commission. However, nothing in this subchapter shall be 25
66+construed to limit the city council's authority to recall the ordinances and 26
67+resolutions by a vote of a majority of the council; and 27
68+ (5)(A) Following adoption by the legislative body, the adopted 28
69+plans, ordinances, and regulations shall be filed in the office of the city 29
70+clerk. 30
71+ (B) The city clerk shall file the plans, ordinances, and 31
72+regulations as pertain to the territory beyond the corporate limits with the 32
73+county recorder of the counties in which territorial jurisdiction is being 33
74+exercised. 34
75+ 35
76+ SECTION 3. Arkansas Code § 14 -56-423 is amended to read as follows: 36 SB505
4377
44-
45- 1
46- SECTION 2. Arkansas Code § 14 -56-422 is amended to read as follows: 2
47- 14-56-422. Adoption of plans, ordinances, and regulations. 3
48- All Except as otherwise provided in § 14 -56-416(d), all plans, 4
49-recommended ordinances, and regulations shall be adopted through the 5
50-following procedure: 6
51- (1)(A) The planning commission shall hold a public hearing on 7
52-the plans, ordinances, and regulations proposed under this subchapter. 8
53- (B) Notice of public hearing shall be published in a 9
54-newspaper of general circulation in the city at least one (1) time fifteen 10
55-(15) days prior to the hearing. 11
56- (C) Notice by first class mail to the boards of directors 12
57-of all school districts affected by a proposed plan, ordinance, or regulation 13
58-shall be provided sufficiently in advance to allow representatives of all 14
59-affected school districts a reasonable opportunity to submit comments on any 15
60-proposed plan, ordinance, or regulation; 16
61- (2) Following the public hearing, proposed plans may be adopted 17
62-and proposed ordinances and regulations may be recommended as presented or in 18
63-modified form by a majority vote of the entire commission; 19
64- (3) Following its adoption of plans and recommendation of 20
65-ordinances and regulations, the commission shall certify adopted plans or 21
66-recommended ordinances and regulations to the legislative body of the city 22
67-for its adoption; 23
68- (4) The legislative body of the city may return the plans and 24
69-recommended ordinances and regulations to the commission for further study or 25
70-recertification or by a majority vote of the entire membership may adopt by 26
71-ordinance or resolution the plans and recommended ordinances or regulations 27
72-submitted by the commission. However, nothing in this subchapter shall be 28
73-construed to limit the city council's authority to recall the ordinances and 29
74-resolutions by a vote of a majority of the council; and 30
75- (5)(A) Following adoption by the legislative body, the adopted 31
76-plans, ordinances, and regulations shall be filed in the office of the city 32
77-clerk. 33
78- (B) The city clerk shall file the plans, ordinances, and 34
79-regulations as pertain to the territory beyond the corporate limits with the 35
80-county recorder of the counties in which territorial jurisdiction is being 36 As Engrossed: S3/31/25 SB505
81-
82- 3 03-31-2025 14:28:39 SSS260
83-
84-
85-exercised. 1
86- 2
87- SECTION 3. Arkansas Code § 14 -56-423 is amended to read as follows: 3
88- 14-56-423. Change in plans, etc. 4
89- After Except as otherwise provided in § 14 -56-416(d), after adoption of 5
90-plans, ordinances, and regulations and proper filing in the offices of city 6
91-clerk and county recorder, no alteration, amendment, extension, abridgement, 7
92-or discontinuance of the plans, ordinances, or regulations may be made except 8
93-in conformance with the procedure prescribed in § 14 -56-422, or by a majority 9
94-vote of the city council. 10
78+ 3 03/18/2025 1:44:38 PM SSS260
79+ 14-56-423. Change in plans, etc. 1
80+ After Except as otherwise provided in § 14 -56-416(d), after adoption of 2
81+plans, ordinances, and regulations and proper filing in the offices of city 3
82+clerk and county recorder, no alteration, amendment, extension, abridgement, 4
83+or discontinuance of the plans, ordinances, or regulations may be made except 5
84+in conformance with the procedure prescribed in § 14 -56-422, or by a majority 6
85+vote of the city council. 7
86+ 8
87+ 9
88+ 10
9589 11
96-/s/J. Bryant 12
90+ 12
9791 13
9892 14
99-APPROVED: 4/14/25 15
93+ 15
10094 16
10195 17
10296 18
10397 19
10498 20
10599 21
106100 22
107101 23
108102 24
109103 25
110104 26
111105 27
112106 28
113107 29
114108 30
115109 31
116110 32
117111 33
118112 34
119113 35
120114 36