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Commission approves UDO enforcement amendment to align penalties with city code
Summary
Planning staff proposed clarifying penalties for UDO violations; the commission approved a text change making such violations misdemeanors subject to penalties in Conway’s code of ordinances to improve consistency with the general code and building code enforcement.
The Conway Planning Commission on June 5 approved an amendment to Article 15 of the Unified Development Ordinance clarifying penalties for violations. Staff said the UDO previously lacked explicit language tying penalties for UDO violations to the city’s general code; the amendment makes violations misdemeanors subject to penalties outlined in the City of Conway code of ordinances to maintain consistency with building-code enforcement and general code provisions.
Staff told the commission the city’s code references the UDO and the planning enabling act of 1994 provides the statutory basis for land-use regulation; however, enforcement language in the UDO itself did not specify whether UDO violations were misdemeanors or civil infractions. The legal counsel for the Municipal Association advised that specifying the misdemeanor penalty and referencing the general code would align enforcement practices with other sections of city code.
The commission closed public input and voted to approve the Article 15 amendment; staff will forward final text to City Council for adoption.
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