Browse Arkansas Code titles and sections
14-363-304. Lawful nonconforming uses.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-363-304. Lawful nonconforming uses.
(a) In order to eliminate or mitigate existing hazards to landing and taking off at United States airports, to improve and make safer such airports, and to permit use of the obstructed air space needed, all counties, cities, towns, or any agency thereof, granted the power to promulgate and enforce airport zoning regulations are empowered to acquire, by purchase, grant, or condemnation, such estate or interest in any structure or object of natural growth, existing at the time of adoption of zoning regulations pursuant to this subchapter which does not conform to the height limitations of the regulations and for which no permit has been granted in accordance with § 14-363-305, as is necessary to permit lowering or removal of the structure or object of natural growth to the extent necessary to conform to the height limits.
(b) In cases of imminent danger to the health, safety, and general welfare of the public, the county, city, or town is empowered to take such immediate steps as are necessary to remove the danger. A hearing shall thereafter be held to determine what compensation, if any, should be made to the owner of the structure or object of natural growth causing the danger.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-363-304
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-363-304
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6b122f6db7046ceb46e295eb753e97c8518250eae88d9365dfd2bfcc993a744e
Source location: content.xml paragraph 59230
Stored source content
14-363-304. Lawful nonconforming uses.
(a) In order to eliminate or mitigate existing hazards to landing and taking off at United States airports, to improve and make safer such airports, and to permit use of the obstructed air space needed, all counties, cities, towns, or any agency thereof, granted the power to promulgate and enforce airport zoning regulations are empowered to acquire, by purchase, grant, or condemnation, such estate or interest in any structure or object of natural growth, existing at the time of adoption of zoning regulations pursuant to this subchapter which does not conform to the height limitations of the regulations and for which no permit has been granted in accordance with § 14-363-305, as is necessary to permit lowering or removal of the structure or object of natural growth to the extent necessary to conform to the height limits.
(b) In cases of imminent danger to the health, safety, and general welfare of the public, the county, city, or town is empowered to take such immediate steps as are necessary to remove the danger. A hearing shall thereafter be held to determine what compensation, if any, should be made to the owner of the structure or object of natural growth causing the danger.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-363-305. Permits and variances.
(a)Permits for Continuance of Nonconforming Uses.
(1) The owner of any structure or object of natural growth existing at the time of the adoption of airport zoning regulations under authority of this subchapter which does not conform to the regulations may be granted a permit authorizing continuance of the nonconforming use upon application made by him to the board, commission, or agency authorized to administer and enforce the regulations.
(2) If the application is not made within ninety (90) days of the effective date of the regulations in question, the board, commission, or agency may, by appropriate action, compel the owner of the nonconforming structure or object of natural growth to lower or remove the object to the extent necessary to conform to the regulations.
(b)Permits for Change and Repair of Nonconforming Uses.
(1)(A) Before any existing nonconforming structure or object of natural growth for which a permit has been issued in accordance with subsection (a) of this section may be altered, repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the board, commission, or agency authorized to administer and enforce the regulations authorizing the change or repair.
(B)(i) No permit shall be granted that would permit the structure or object of natural growth in question to be made higher or become a greater hazard to air navigation than it was when the permit for its continuance was granted under subsection (a) of this section.
(ii) Where the structure or object of natural growth has been more than fifty percent (50%) torn down or destroyed, whether voluntarily, by act of God, or otherwise, or has become more than fifty percent (50%) deteriorated or decayed, no permit shall be granted t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-363-305
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-363-305. This identifies an authority to review, not proof of applicability.