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14-56-202. Additional powers of cities of the first class, cities of the second class, and incorporated towns.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-56-202. Additional powers of cities of the first class, cities of the second class, and incorporated towns.
(a)(1) The following enlarged and additional powers are conferred upon cities of the first class.
(2) A city of the first class may:
(A) Regulate the building of houses;
(B) Provide that a house or structure not be erected within the city limits except upon a permit to be issued by an officer the governing body designates; and
(C) Provide that a permit not be issued for the building of any house or structure deemed to be unsafe, unsanitary, obnoxious, or detrimental to the public welfare.
(b) The authority to appoint and remove department heads, including the building official, is governed by § 14-42-110 without regard to the classification of the city or town.
(c)(1) The following enlarged and additional powers are conferred upon cities of the second class and incorporated towns.
(2) A city of the second class and an incorporated town may:
(A) Enforce building and safety codes for the building and construction of houses and other structures;
(B) Provide that a house or structure not be erected before a building permit is issued by a building official the governing body designates; and
(C) Provide that a permit not be issued for the building of any house or structure deemed to be unsafe, unsanitary, obnoxious, or detrimental to the public welfare.
(3) The authority given to a city of the second class and an incorporated town under this subsection does not include the authority under § 14-56-416 unless the city of the second class or the incorporated town has adopted and filed a land use plan and corresponding zoning ordinances under § 14-56-101 et seq.
(d) This section does not:
(1) Authorize a city of the first class, a city of the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-56-202
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:14-56-202
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9804ac8b7860b5999549849d81231b65719f44e6b4a47558a000b32520c7eb9b
Source location: content.xml paragraph 16995
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14-56-202. Additional powers of cities of the first class, cities of the second class, and incorporated towns.
(a)(1) The following enlarged and additional powers are conferred upon cities of the first class.
(2) A city of the first class may:
(A) Regulate the building of houses;
(B) Provide that a house or structure not be erected within the city limits except upon a permit to be issued by an officer the governing body designates; and
(C) Provide that a permit not be issued for the building of any house or structure deemed to be unsafe, unsanitary, obnoxious, or detrimental to the public welfare.
(b) The authority to appoint and remove department heads, including the building official, is governed by § 14-42-110 without regard to the classification of the city or town.
(c)(1) The following enlarged and additional powers are conferred upon cities of the second class and incorporated towns.
(2) A city of the second class and an incorporated town may:
(A) Enforce building and safety codes for the building and construction of houses and other structures;
(B) Provide that a house or structure not be erected before a building permit is issued by a building official the governing body designates; and
(C) Provide that a permit not be issued for the building of any house or structure deemed to be unsafe, unsanitary, obnoxious, or detrimental to the public welfare.
(3) The authority given to a city of the second class and an incorporated town under this subsection does not include the authority under § 14-56-416 unless the city of the second class or the incorporated town has adopted and filed a land use plan and corresponding zoning ordinances under § 14-56-101 et seq.
(d) This section does not:
(1) Authorize a city of the first class, a city of the second class, or an incorporated town to regulate the building of houses or structures in a manner contrary to other applicable law; or
(2) Restrict the authority of a city of the first class, a city of the second class, or an incorporated town under other applicable law.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-42-110. Appointment and removal of department heads.
(a)(1) Mayors in cities of the first class and second class and incorporated towns shall have the power to appoint and remove all department heads, including city and town marshals when an ordinance has been passed making city and town marshals appointed, unless the city or town council shall vote by a two-thirds majority of the total membership of the council to override the mayor's action.
(2) Provided, however, that in cities of the first class and second class with civil service commissions, the governing body of the city may delegate by ordinance the authority to appoint and remove the heads of the police and fire departments to the city's civil service commission.
(b) City managers in cities having a city manager form of government shall have the power to appoint and remove all department heads. In cities with a city manager form of government and with civil service commissions, the civil service commission shall have the power to override the city manager's appointment or removal of the police or fire chief by a majority vote of the total membership of the commission.
(c) The provisions of this section shall not apply to department heads not under the control of the governing body of the city and shall not apply to cities having a city administrator form of government.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-42-110
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 14-42-110. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-56-101. Liability for excavations.
If the owner or possessor of any lot or land in any city or incorporated town in this state shall dig or cause to be dug any cellar, pit, vault, or excavation to a greater depth than twelve feet (12') below the curb of the street on which the lot or land abuts, or, if there is no curb, below the surface of the adjoining lots, and shall, by this excavation, cause any damage to any wall, house, or other building upon the lots, adjoining thereto, the owner or possessor shall be liable, in a civil action, to the party injured, to the full amount of the damage. However, the owner or possessor may dig or cause to be dug any cellar, pit, or excavation, to the full depth of any foundation walls of any building upon the adjoining lots, and to the full depth of twelve feet (12') below the grade of the street whereon the lot abuts, established by the corporation authority, without incurring the liability prescribed by this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-56-101
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 14-56-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-56-416. Zoning ordinance.
(a)(1) Following adoption and filing of the land use plan, the commission may prepare for submission to the legislative body a recommended zoning ordinance for the entire area of the municipality.
(2) The ordinance shall consist of both a map and a text.
(3)(A) The ordinance may regulate the location, height, bulk, number of stories, and size of buildings; open space; lot coverage; density and distribution of population; and the uses of land, buildings, and structures.
(B) The ordinance may require off-street parking and loading.
(C) The ordinance may provide for districts, of compatible uses, for large scale unified development, for elimination of uses not in conformance with provisions of the ordinance, and for such other matters as are necessary to the health, safety, and general welfare of the municipality.
(D) The ordinance shall include provisions for administration and enforcement.
(E)(i) The ordinance shall designate districts or zones of such shape, size, or characteristics as deemed advisable.
(ii) The regulations imposed within each district or zone shall be uniform throughout the district or zone.
(b)(1) The ordinance shall provide for a board of zoning adjustment, which may either be composed of at least three (3) members, or the commission as a whole may sit as the board of zoning adjustment.
(2) The board shall have the following functions:
(A) Hear appeals from the decision of the administrative officers in respect to the enforcement and application of the ordinance, and may affirm or reverse, in whole or in part, the decision of the administrative officer;
(B)(i)(a) Hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the ordinance wo
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-56-416
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 14-56-416. This identifies an authority to review, not proof of applicability.