(A) From and after the passage of this section, and in accordance with the authority granted in A.C, § 14-56-416 and elsewhere in state law, it shall be unlawful for any person, firm or corporation to build, erect or construct any home, building or structure within the corporate limits of the city, except as hereinafter provided.
(B) Any person, firm or corporation desiring to build, erect or construct such home, dwelling, building or structure within the corporate limits of the city shall make application for a building/zoning permit with the application to be filed with the City Building/Zoning Official, and with such application to contain such information as may be required by the City Council.
(C) The City Building/Zoning Official shall consider the application in relation to the ordinances and/or standards or regulations adopted by the City Council, and the City Building/Zoning Official shall have the sole discretion in either approving or denying the building/zoning permit applied for by the applicant.
(D) The standards or regulations heretofore mentioned shall be considered as adopted by the City Council when dated and signed by the Mayor and
Clerk-Treasurer
at any regular or special meeting of the City Council, and a copy of the guidelines and standards shall be on file with the city for inspection by any interested persons at reasonable times.
(E) Minimum requirements for dwellings.
(1) In no case shall a primary dwelling consist of less than 1,000 heated square feet of floor area.
(2) Accessory dwelling units (ADU) are allowed in certain zoning districts and subject to additional requirements found in § 153.172. In no case shall an ADUs consist of less than 650 heated square feet of floor area, and can be no more than 67% of the size of the primary residence.
(3) All dwellings shall be constructed on a permanent foundation.
(4) All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system.
(F) The Mayor shall have the authority to delegate any of its authority or powers provided herein to any person in order to implement this section.
(G) This section shall apply to either new construction or improvements or additions to existing structures, the cost of which exceeds $1,000; provided, however, that no permit shall be required for any improvements solely within the interior of any existing structure.
(H) The Mayor shall designate or employ a Building/Zoning Official and a Building Inspector to carry out the intent of this section.
(I) Any person receiving written notification from the city that he or she is in violation of the provisions of this section and any amendments thereto shall have a period of 30 days following the receipt of such notice in which to effect compliance or otherwise will upon conviction be subject to a fine in keeping with A.C. § 14-55-504 as amended by General Assembly of the State of Arkansas.
(J) It shall be unlawful for any person, firm or corporation to construct move any dwelling, home, buildings or other structures onto lands within the corporate limits of the city, unless a building/zoning permit as provided for in this section shall have first been obtained. Violation of this section shall subject the violators to the same penalties as provided in tliis section.
(K) The Building/Zoning Adrninistrator shall review each application for a building permit to determine its conformity with the flood hazard resolution and any other ordinance or resolution of the city, and the city shall not approve a building permit in the flood hazard area unless it complies with the requirements of the flood hazard resolution and the requirements of the flood insurance program.
(L) The City Council, by a majority vote, shall establish the fee schedule for issuance of a permit. This schedule may be amended by the City Council from time to time by the same vote. Every building/zoning permit shall become null and void if construction or installation authorized by the permit is not commenced within six months from the date of such permit, or if the construction or installation is abandoned for a period of six months once the construction or installation is commenced. No home, dwelling or building shall be occupied before a certificate of occupancy is issued by the building/zoning official.
(M) Any person aggrieved by the issuance of denial of a building/zoning permit shall be submitted by the aggrieved party in writing to the Building/Zoning Official within ten days of the final decision or issuance. Such appeal shall state the reasons for the appeal, and such appeal shall be heard by the Board of Zoning Adjustments. No appeal submitted after the ten-day period shall be considered by the Board of Zoning Adjustments.
(Ord. 46, passed 9-25-68; Am. Ord. 64, passed 3-2-76; Am. Ord. 2016-08-591, passed 8-3-16; Am. Ord. 2017-12-667, passed 12-5-17; Am. Ord. 2018-11-817, passed 11-6-18; Am. Ord. 2019-03-836, passed 3-5-19)