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1942ORDINANCE NO. (~ ~~ AN ORDINANCE TO AMEND ZONING ORDINANCE 1258, AS AMENDED, ARTICLE III; SECTION 2; PARAGRAPH A. 2.,BY ADDING PARAGRAPH A. 2.a CREATING A C-1-F GENERAL COMMERCIAL DISTRICT (FIREWORKS SALE5) DISTRICT, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, after public hearing upon due notice and publication, pursuant to Article III; Section 2, Paragraph A2, of the zoning regulations adopted by Ordinance 1258, as amended, the Planning Commission has approved and recommended to amend Zoning Ordinance 1258, as amended, Article III; Section 2, Paragraph A.2, to add Paragraph A.2.a, as follows; Article III Section 2 Paragraph A.2.a C-1 (F) General Commercial Districts -Fireworks -this district shall permit all land uses allowed in a C-1 (General Commercial District) as well as accommodate a unique land use situation as specified in the city's Comprehensive Development Plan. It will exist within a larger C-1 (General Commercial District) and will be sized and located so as to limit such uses within the city and to provide ease of access from and return to an Interstate level traffic facility. It is created for the purpose of allowing the sale and storage of fireworks during short, temporary, selling periods during the year. The location of such districts(s) shall be based on considerations of the public health, safety and welfare and shall conform to other city ordinances governin<~ the sale of fireworks. The sale and storage of fireworks shall be the primary use and shall not be allowed as an accessory use to other businesses. No other accessory uses shall be permitted in conjunction with the sale and storage of fireworks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1: The Planning Commission has approved and recommended to amend Zoning Ordinance 1258, as amended, Article III; Section 2, Paragraph A.2, to add Paragraph A.2.a, as follows; Article III Section 2 Paragraph A.2.a ' C-1 (F) General Commercial Districts -Fireworks -this district shall permit all land uses allowed in a C-1 (General Commercial District) as well as accommodate a unique land use situation as specified in the city's Comprehensive Development Plan. It will exist within a larger C-1 (General Commercial District) and will be sized and located so as to limit such uses within the city and to provide ease of access from and return to an Interstate level traffic facility. It is created for the purpose of allowing the sale and storage of fireworks during short, temporary, selling periods during the year. The location of such districts(s) shall be based Ordinance No. Page Two on considerations of the public health, safety and welfare and shall conform to other city ordinances governing the sale of fireworks. The sale and storage of fire works shall be the primary use and shall not be allowed as an accessory use to other businesses. No other accessory uses shall be permitted in conjunction with the sale and storage of fireworks. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. It having been found and determined by the City Council of the City of West 1~~lemphis, Arkansas, that there is an urgent need by the City of West Memphis and that it is necessary to have this in etJect immediately prior to the beginning of the fireworks season which is scheduled to start June 20, ?000, and to further effect the terms of the settlement agreement between American Fireworks, Inc., and the City of West Memphis, Arkansas, an emergency is hereby declared to exist, and this Ordinance, being necessary for the preservation of the public peace, health, safety and welfare of the citizens of West Memphis, Arkansas, shall be in fill] force and effect from and after the date of its passage and approval. PASSED AND APPROVED this ~ S~ day of 3yN ~ , 2000. William H. Johnson, ayor ATTEST: Philli ,City Clerk SPONSORED BY: 4