2483 ORDINANCE NO. 2
AN ORDINANCE GRANTING A TWELVE(12)MONTH MORATORIUM ON THE
ISSUANCE OF ANY NEW CERTIFICATES OF OCCUPANCY FOR USED
AUTOMOBILE RELATED BUSINESSES INCLUDING AUTO REPAIR
GARAGES; AUTOMOBILE/TRUCK SALES,USED; AUTOMOBILE WRECKING,
SALVAGE OR JUNKYARDS; AUTOMOBILE PAINTING OR BODY
REBUILDING SHOP; AUTO WRECKER SERVICES; BOATS/MARINE RENTAL,
REPAIR,OR SALES,USED; AND,MOTORCYCLE SALES AND SERVICE,USED;
AND, OTHER LIKE FACILITIES IN THE CITY OF WEST MEMPHIS; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND
FOR OTHER PURPOSES.
WHEREAS, the West Memphis Planning and Development Department and the West
Memphis City Council have expressed concern about the concentration of used automobile related
businesses including but not limited to auto repair garages; automobile/truck sales, used;
automobile wrecking, salvage or junkyards; automobile painting or body rebuilding shop; auto
wrecker services; boats/marine rental, repair, or sales, used; and, motorcycle sales and service,
used; and,other like facilities in the City of West Memphis.
WHEREAS,a moratorium on the issuance of any new Certificates of Occupancy for used
automobile related businesses in the city will preserve the status quo in the City of West Memphis
during the research period; and,
WHEREAS, the City Council deems it in the public's interest to grant a moratorium on
the issuance of any new Certificates of Occupancy for used automobile businesses within the City,
for twelve(12)months,to conduct a study to the manner and placement of these types of facilities
and to make possible recommendations for changes to the City's land development regulations and
to initiate said changes to protect the future health, safety, and general welfare of the entire City
of West Memphis; and,
• T .
WHEREAS, the proposed moratorium shall not apply to developments that have a
building permit at the time the moratorium is enacted; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS,ARKANSAS:
SECTION 1.The findings and recitations set out in the preamble to this
Ordinance are found to be true and correct and they are hereby adopted by the City
Council and made a part hereof for all purposes.
SECTION 2.The City Council of the City of West Memphis hereby grants a twelve(12)
month moratorium on the issuance of any new Certificates of Occupancy for used automobile
related businesses within the City, to allow the Planning and Development Department the
needed time to research changes in regulations to protect the future health, safety, and general
welfare of the City of West Memphis.The moratorium shall not apply to developments that have
a building permit at the time this moratorium is enacted.
SECTION 3.It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase,
clause, sentence, paragraph or section of this Ordinance should be declared invalid by the final
judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of
the remaining phrases, clauses, sentences,paragraphs and sections of this Ordinance.
PASSED AND APPROVED THIS A9 DAY OF S�p�` ber, 2018.
WILLIAM H. JOHNSON, MAYOR
ATTEST:
Phillip Para, ity Clerk Lq
SPONSOR:
RECEIVED
City Clerk's
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By