HomeMy WebLinkAboutOrdinance 6867113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6867
File Number: 2025-479
AUTHORIZE BOARD OF ADJUSTMENT APPEALS TO CITY COUNCIL (AMENDMENTS):
AN ORDINANCE TO AMEND CHAPTER 155 APPEALS AND § 156.02 ZONING REGULATIONS OF THE
UNIFIED DEVELOPMENT CODE TO PROVIDE THAT BOARD OF ADJUSTMENT DECISIONS MAY BE
APPEALED TO THE CITY COUNCIL, AND TO CLARIFY VARIOUS APPEAL PROCEDURES
WHEREAS, the Fayetteville City Code currently requires that appeals from the Board of Adjustment be taken to the
Circuit Court of Washington County; and
WHEREAS, the City of Fayetteville may provide by ordinance that appeals from decisions of the Board of Adjustment
shall first be heard by the City Council; and
WHEREAS, clarifying other provisions of Chapter 155 — Appeals will benefit applicants and the general public by
making the City's appeal procedures easier to understand.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.01 Circuit Court and
enacts a replacement § 155.01 as follows:
"Unless internally appealed as set forth otherwise below, all appeals from final actions taken by the City Council,
Planning Commission, Board of Adjustment, Construction Board of Adjustment and Appeals, and the Zoning and
Development Administrator shall be taken to the Circuit Court of Washington County."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals the introductory sentence and
subsection (A) of § 155.02 Form/Time/Place and enacts a replacement as follows:
"For appeals to the City Council, Planning Commission, Board of Adjustment or Construction Board of Adjustments
and Appeals, the following requirements shall must be met:
1. Form. All appeals must be submitted in writing (which may include by email) and which should reference the
applicable UDC sections and set forth the reasons the applicant contends the decision was in error and how the
applicant is adversely impacted."
Page 1
Ordinance: 6867
File Number. 2025-479
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.04 Council Member
Appeal On Behalf Of Resident by adding an additional phrase to the first sentence so that it reads as follows:
"A Council Member may bring an appeal on behalf of any resident of the city to the City Council of a decision by the
Planning Commission to approve subdivision requests (plats, lot splits), and development requests (large scale
developments and large or small site improvement plans)."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.06(C)(2)(a) and enacts a
replacement § 155.06(C)(2)(a) as follows:
"A resident of the city or an owner/developer who is aggrieved by a decision of the Zoning and Development
Administrator regarding development matters that are approved administratively pursuant to § 166.02(C), § 172.05 or
otherwise may appeal the final development approval decision affected by this matter to the Planning Commission. The
appeal shall be submitted in writing to the Planning Division within ten (10) working days of the final decision. The
Planning Commission may consider the following factors and issues:"
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.06(C)(2)(b) by changing
the word "must" to the word "should."
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 155.09 Appeals from the Board
of Adjustment to read as follows:
"Final decisions by the Board of Adjustment may be appealed to the City Council by an owner of record of the
property in question or by a City Council member on behalf of any resident of the city."
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends § 156.02 Zoning Regulations by
repealing the last sentence of subsection (A).
PASSED and APPROVED on May 6, 2025
Approved:
Molly Rawn, Mayor
Attest:
�?�� sti :'PKANSPOJr�:
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville,
Arkansas. Amount Paid: $299.44
Page 2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 6, 2025
TO: Mayor Rawn and City Council
CITY COUNCIL MEMO
THRU: Kit Williams, City Attorney
FROM: Hannah Hungate, Assistant City Attorney
SUBJECT: AUTHORIZE BOARD OF ADJUSTMENT APPEALS TO CITY COUNCIL
(AMENDMENTS):
RECOMMENDATION:
2025-479
The City Attorney's Office recommends that the Fayetteville City Council amend Chapter 155 — Appeals to
require that appeals of Board of Adjustment decisions first be heard by City Council before going to Circuit
Court.
BACKGROUND:
Prior to 2021, Arkansas law required that all appeals taken from Board of Adjustment decisions be made
directly to Circuit Court. However, the state law has now changed, and a city may now require by ordinance
that appeals from the Board of Adjustment be first heard by City Council before being taken to circuit court.
DISCUSSION:
The City Attorney's Office recommends that the Fayetteville City Council pass an ordinance that would require
appeals from Board of Adjustment decisions to be first heard by City Council. In incorporating proposed
changes to this effect, the City Attorney's Office also noticed portions of Chapter 155 — Appeals for which
clarification may be necessary.
BUDGET/STAFF IMPACT:
ATTACHMENTS: SRF (#3) , Board of Adjustment Appeals Amendment Memo (#4), 156.02 - Zoning
Regulations - Redline (#5)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2025-479
AUTHORIZE BOARD OF ADJUSTMENT APPEALS TO CITY COUNCIL (AMENDMENTS):
AN ORDINANCE TO AMEND CHAPTER 155 APPEALS AND § 156.02 ZONING
REGULATIONS OF THE UNIFIED DEVELOPMENT CODE TO PROVIDE THAT BOARD OF
ADJUSTMENT DECISIONS MAY BE APPEALED TO THE CITY COUNCIL, AND TO CLARIFY
VARIOUS APPEAL PROCEDURES
WHEREAS, the Fayetteville City Code currently requires that appeals from the Board of Adjustment
be taken to the Circuit Court of Washington County; and
WHEREAS, the City of Fayetteville may provide by ordinance that appeals from decisions of the Board
of Adjustment shall first be heard by the City Council; and
WHEREAS, clarifying other provisions of Chapter 155 — Appeals will benefit applicants and the
general public by making the City's appeal procedures easier to understand.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.01 Circuit
Court and enacts a replacement § 155.01 as follows:
"Unless internally appealed as set forth otherwise below, all appeals from final actions taken by the City
Council, Planning Commission, Board of Adjustment, Construction Board of Adjustment and Appeals,
and the Zoning and Development Administrator shall be taken to the Circuit Court of Washington
County."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals the introductory
sentence and subsection (A) of § 155.02 Form/Time/Place and enacts a replacement as follows:
"For appeals to the City Council, Planning Commission, Board of Adjustment or Construction Board of
Adjustments and Appeals, the following requirements shall must be met:
1. Form. All appeals must be submitted in writing (which may include by email) and which should
reference the applicable UDC sections and set forth the reasons the applicant contends the
decision was in error and how the applicant is adversely impacted."
Page 1
Ordinance: 6867
File Number: 2025-479
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.04 Council
Member Appeal On Behalf Of Resident by adding an additional phrase to the first sentence so that it
reads as follows:
"A Council Member may bring an appeal on behalf of any resident of the city to the City Council of a
decision by the Planning Commission to approve subdivision requests (plats, lot splits), and
development requests (large scale developments and large or small site improvement plans)."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.06(C)(2)(a)
and enacts a replacement § 155.06(C)(2)(a) as follows:
"A resident of the city or an owner/developer who is aggrieved by a decision of the Zoning and
Development Administrator regarding development matters that are approved administratively pursuant
to § 166.02(C), § 172.05 or otherwise may appeal the final development approval decision affected by
this matter to the Planning Commission. The appeal shall be submitted in writing to the Planning
Division within ten (10) working days of the final decision. The Planning Commission may consider
the following factors and issues:"
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.06(C)(2)(b)
by changing the word "must" to the word "should."
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 155.09 Appeals
from the Board of Adjustment to read as follows:
"Final decisions by the Board of Adjustment may be appealed to the City Council by an owner of record
of the property in question or by a City Council member on behalf of any resident of the city."
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends § 156.02 Zoning
Regulations by repealing the last sentence of subsection (A).
Page 2
Hannah Hungate
Submitted By
City of Fayetteville Staff Review Form
2025-479
Item ID
5/6/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/10/2025 CITY ATTORNEY (021)
Submitted Date Division / Department
Action Recommendation:
The City Attorney's Office recommends that the Fayetteville City Council amend Chapter 155 - Appeals to require
that appeals of Board of Adjustment decisions first be heard by City Council before going to Circuit Court. Other
changes are recommended to make the City's appeal procedures clear and easily understandable.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Previous Ordinance or Resolution #
Approval Date:
ijcA
OFFICE OF THE
CITY ATTORNEY
TO:
THRU:
FROM:
DATE:
RE:
DEPARTMENTAL CORRESPONDENCE
Kit Williams
City Attorney
Blake Pennington
Mayor Molly Rawn Senior Assistant City Attorney
City Council Members Hannah Hungate
Assistant City Attorney
Kit Williams, City Attorney v�� Stacy Barnes
------ Paralegal
Blake Pennington, Senior Assistant City Attor
Hannah Hungate, Assistant City Attorney
April 10, 2025
Amending the Appeals Chapter for Board of Adjustments
The Board of Adjustment hears applications for variances to zoning requirements and
certain appeals. The determinations require specific factual inquiries by the five -member
Board. As our Code currently reads, any appeals from final decisions made by the Board
of Adjustment must be taken straight to the Circuit Court of Washington County.
FAYETTEVILLE CITY CODE § 155.01.
Under prior law, the City had no choice in the matter, as Arkansas required that appeals
from Board of Adjustment decisions be taken directly to circuit court. However, the law
changed in 2021. Now Arkansas law provides:
(a) Except as provided in subdivision (b)(2)(B)(ii)(b) of this section,
decisions of the board under this section shall be appealed to a circuit
court of competent jurisdiction.
(b) A governing body of a municipality may provide by ordinance that
the governing body of the municipality shall first hear appeals under
this section.
Ark. Code Ann. § 14-56-416(b)(2)(B)(ii) (emphasis added).
With this change, Fayetteville now has the power, if it passes an ordinance stating so, to
dictate that appeals from the Board of Adjustment must first be heard by the Fayetteville
City Council before being taken to Circuit Court. The City Attorney's Office recommends
that the City Council pass such an ordinance. Doing so would allow the City's elected
officials to be the final decisionmakers on the issue, it would provide an additional
avenue for applicants to appeal without litigation, and it would offer additional
safeguards for the Board of Adjustment and the City as a whole.
Finally, our office also noticed a few points of clarification to be made in Chapter 155 -
Appeals which can be completed simultaneous with this change. Proposed language
incorporating these changes is attached to this Memorandum.
Page 2 of 2
CHAPTER 155: APPEALS
CHAPTER 155: APPEALS
155.01 Circuit Court
Unless internally appealed as set forth otherwise below, all appeals from final actions taken by the City Council,
Planning Commission, Board of Adjustment, Construction Board of Adjustment and Appeals, and the Zoning and
Development Administrator shall be taken to the Circuit Court of Washington County.
(Code 1965, App. A., Art. 9(6); Ord. No. 1747, 6-29-70; Ord. No. 2323, 4-5-77; Ord. No. 2538, 7-3-79; Code 1991,
§160.175; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04))
155.02 Form/Time/Place
Unless an appeal s filed with the GGUFtFor appeals to the City Council, Planning Commission, Board of Adjustment
or Construction Board of Adiustment, the following requirements shall must be met:
(A) Form. All appeals shallmust be submitted in writing (which may include by email) and which should
reference+eg the applicable UDC sections{s4 and set fortht+ng-eat the reasons the applicant contends the
decision was in error and how the applicant is adversely impacted.
(B) Time.
(1) Appeals. Appeals shall be submitted within ten (10) working days from the date of the final action
taken.
(2) Hearings. The entity hearing the appeal shall fix a reasonable time for hearing an appeal.
(C) Place. Appeals shall be filed with the following:
(1) City Clerk. Appeals made to the City Council shall be filed with the City Clerk.
(2) Zoning and Development Administrator. Appeals made to the Planning Commission or Board of
Adjustment shall be filed with the Zoning and Development Administrator.
(3) Building Safety Division Director. Appeals made to the Construction Board of Adjustment and Appeals
shall be filed with the Building Safety Division Director.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04; Ord. No. 6773, §§ 1, 2, 7-16-24)
155.03 Stay
(A) An appeal shall stay all city proceedings in furtherance of the action appealed from unless the person in
charge of administration of the chapter certifies that a stay would in their opinion cause imminent peril to
life or property.
(B) An appeal against the amount, legality or constitutionality of the application and assessment of the
Stormwater Management Utility Fee to the City Engineer and City Council shall stay the enforcement and
collection of the Stormwater Management Utility Fee (all other fees are unaffected) until the final decision
by the City Engineer, or if appealed by the City Council. No late fees or interest may be assessed unless and
until the final administrative decision of the City when any stayed amount not reduced or eliminated by the
appeal becomes due and payable with the next regular utility billing cycle.
Fayetteville, Arkansas, Code of Ordinances
(Supp. No. 35)
Created: 2025-01-02 08:10:40 [EST]
Page 1 of 5
(Code 1965, App. A., Art. 13(3); Ord. No. 1747, 6-29-70; Code 1991, §160.173; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. 6840, §2, 2-4-25)
155.04 Council Member Appeal On Behalf Of Resident
A Council Member may bring an appeal on behalf of any resident of the city to the City Council of a decision by the
Planning Commission to approve subdivision requests (plats, lot splits), and development requests (large scale
developments and large or small site improvement plans). Variances, compliance with applicable design standards,
tree preservation plans and conditions of approval for any development shall be appealed as part of the approval
or denial of a development proposal. Variances, compliance with applicable design standards, tree preservation
plans and conditions of approval for any development not requiring approval by the Planning Commission or
administrative approval by the Planning Division may be appealed independently.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 6342, §1, 8-4-20; Ord. No. 6773, § 3, 7-16-
24)
155.05 Appeals From Planning Commission Decisions
(A) Appeals to City Council
(1) Owners of record of the property being considered may appeal a decision by the Planning Commission
to deny the following requests in accordance with the procedure set forth in §155.02:
(a) Annexation;
(b) Rezoning;
(c) Required dedication and improvements of §155.06(C);
(d) Subdivision (plats, lot splits, lot line adjustments);
(e) Development (large scale development, large and small site improvement plans);
(f) Vacations of street right-of-way.
(2) Conditions of Approval/Variances, etc. An owner of record may appeal the conditions of approval
determined by the Planning Commission and any adverse decision by the Planning Commission
concerning applicable design standards, tree preservation requirements, streamside protection
requirements and variance requests as part of the conditions of an approved development request or
the denial of such development request. Variances, compliance with applicable design standards, tree
preservation plans and conditions of approval for any development not requiring approval by the
Planning Commission or administrative approval by the Planning Division may be appealed
independently.
(3) Conditional Use Request. Three Council Members may in unison appeal a decision of the Planning
Commission approving or denying a conditional use request.
(Code 1965, §13A-40, App. C., Art. II, Art. V., §B; Ord. No. 1509, 8-8-66; Ord. No. 1750, 7-6-70; Code 1991,
§§156.017, 159.12, 159.54(F)(1), (2), 159.66; Ord. No. 3781, §1, 4-19-94; Ord. No. 3925, §6, 10-3-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4334, 9-4-01; Ord. No. 4340, 10-2-01; Ord. No. 6342, §2, 8-4-20; Ord. No. 6773,
§ 4, 7-16-24)
(Supp. No. 35)
Created: 2025-01-02 08:10:39 [EST]
Page 2 of 5
155.06 Appeals From Staff Interpretations And Actions
(A) Appeals to City Council.
(1) The City Engineer's decision to issue a violation notice or stop work order may be appealed to the City
Council by an owner of record of the property in question or a council member on behalf of a resident
of the city.
(2) The Zoning and Development Administrator's decision to deny a vacation of any public easement
(whether constructed or not) or portion thereof may be appealed by the owner of record of the
property.
(3) Storm water Management Utility Fee Decision. If an appealing property owner or customer disagrees
with the City Engineer's decision regarding their appeal concerning the application, assessment,
legality, or constitutionality of the Stormwater Management Utility Fee to their property, that property
owner or customer may appeal the City Engineer's decision to the City Council.
(B) Appeals to the Board of Adjustment. The following interpretations and decisions may be appealed by an
owner of record of the property in question or a council member on behalf of a resident of the city to the
Board of Adjustment:
(1) Zoning and Development Administrator. An interpretation or decision regarding zoning matters.
(2) Building Safety Officer —Airport Zone. Any person aggrieved, or any taxpayer affected by any decision
of the Building Safety Officer, made in the administration of Airport Zone, Chapter 165.
(C) Appeals to the Planning Commission.
(1) Zoning and Development Administrator's Required Dedications and Improvements.
(a) An owner or developer who is aggrieved by the requirements of the Unified Development Code
for land, right-of-way or easement dedications, construction of on -site or off -site improvements,
or payments in lieu of any dedication or improvement, which are in excess of the "rough
proportionality" of the impact of the development upon the city's infrastructure or services may
appeal such requirement to the Planning Commission as a part of the submission of the
preliminary plat, large scale development, subdivision, building permit, lot split, grading permit,
floodplain development permit, or otherwise within ten (10) days of notification of such
development requirements. The appeal must be presented to the Planning Division in writing and
state the grounds, or reasons for the appeal.
(b) The Planning Commission shall determine after public hearing whether the required dedications,
improvements, and fees meet the "rough proportionality" of the impact of the development on
city infrastructure and services. If the requirements are in excess of the "rough proportionality,"
the Planning Commission is empowered to modify or reduce such requirements to achieve
"rough proportionality."
(c) Any potential reduction of impact fees must be approved by the City Council.
(2) Administrative Approvals and Interpretations by Zoning and Development Administrator.
(a) A resident of the city or an owner/developer who is aggrieved by a decision of the Zoning and
Development Administrator regarding development matters that are approved administratively
(as requir bypursuant to Chapters 166.02(C)J 172.05 or otherwise may appeal the final
development approval decision affected by this matter to the Planning Commission. The appeal
shall be submitted in writing to the Planning Division within ten (10) working days of the final
decision. The Plannine Commission may consider the following factors and issues:
(Supp. No. 35)
Created: 2025-01-02 08:10:39 [EST]
Page 3 of 5
(i) The development plan is not submitted in accordance with the requirements of Chapter
166 of the Fayetteville Unified Development Code.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by Chapter 166 of the Fayetteville Unified Development Code.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is significant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development or preliminary plat and the developer has made no provision for extending
such service to the development.
(vi) The developer refused to comply with UDC Ch. 166 pertaining to required on -site and off -
site improvements.
(b) The appellant must should include in the letter of appeal the specific code section with which the
development application does not comply.
(c) The Planning Commission shall determine after public hearing whether the interpretation or
discretionary decision should be upheld or modified in part or in whole.
(d) Any staff recommendation to approve or deny some or all of a requested street right-of-way
vacation shall be considered by the Planning commission with recommendations to the City
Council.
(3) City Engineer and Flood Plain Administrator.
(a) Development Matters. An interpretation or decision of the City Engineer or Floodplain
Administrator regarding development matters, including grading, drainage, water and sanitary
sewer systems, and storm drainage systems.
(b) Floodplain Regulations. The decision of the Floodplain Administrator, provided that the Planning
Commission shall hear and decide an appeal only when it is alleged there is an error in any
requirement, decision, or determination made by the Floodplain Administrator in the
enforcement or administration of Chapter 168.
(c) Streamside Protection Zones. An interpretation or decision of the City Engineer concerning the
regulated uses, structures and activities, streamside boundary location or land use exemptions.
(4) Zoning and Development Administrator's Interpretation or Decision of Other Development Matters. An
interpretation or decision of the Zoning and Development Administrator regarding development
matters including subdivisions, large scale developments, parking and loading, outdoor lighting,
compliance with applicable design standards, or any other development matters.
(5) Urban Forester —Landscape and Tree Preservation and Protection requirements. Decisions of the Urban
Forester related to landscape and tree preservation and protection requirements.
(D) Appeals to the Construction Board of Adjustment and Appeals. When the administrative authority under
Chapter 173 shall disapprove an application, or the applicant is aggrieved by the interpretation of the
administrative authority, the applicant may appeal the decision to the Construction Board of Adjustment and
Appeals.
(Supp. No. 35)
Created: 2025-01-02 08:10:39 [EST]
Page 4 of 5
(Code 1965, §17B-11.2(d), (e), App. A., Art. 10(6), 19(2), App. B, §III, App. C., Art. 10(6), 19(2), App. B, §III, App. C.,
Art. V, §A; Ord. No. 1747, 6-29-70; Ord. No. 1750, 7-6-70; Ord. No. 2109, 6-375; Ord. No. 2252, 7-6-76; Ord. No.
2538, 7-3-79; Ord. No. 2585, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-14-88;
Code 1991, §§150.03, 158.67(B), 158.68(A), (B), 159.65, 160.048, 160.172, 160.176(A), (B), 161.11, 162.03(B), (C),
163.10(D); Ord. No. 3551, 6-4-91; Ord. No.3587, §1, 1-7-92; Ord. No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93,
Ord. No. 3806, §1, 6-28-94;Ord. No. 3895, §1, 6-20-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3901, §1, 7-5-95; Ord.
No. 3925, §7, 10-3-95; Ord. No. 3963, §9, 4-16-96; Ord. No. 4100, §2 (Exh. A), 6-16-98; Ord. No. 4368, §2, 2-5-02;
Ord. No. 4377, §§1, 2, 3-5-02; Ord. No. 4652, 12-07-04; Ord. No. 5206, 12-16-08; Ord. No. 5296, 12-15-09; Ord.
5390, 3-1-11; Ord. No. 6343, §1(Exh. A), 8-4-20; Ord. No. 6446, §5, 6-15-21; Ord. No. 6773, §§ 5-10, 7-16-24; Ord.
6840, §1, 2-4-25)
155.07 Appeals To The Housing Board -Mobile Homes And Mobile Home Parks
(A) Permit Denied. Any person whose application for a permit under Chapter 175 has been denied may request
and shall be granted a hearing on the matter before the Housing Board.
(B) Permit Suspended. Any person whose permit has been suspended, or who has received notice from the
enforcement officer that his permit will be suspended unless certain conditions or practices at the mobile
home park are corrected, may request and be granted a hearing on the matter before the Housing Board.
(C) Petition Deadline. When no petition for hearing shall have been filed within ten (10) days following the day
on which notice of suspension was served, such permit shall be deemed to have been automatically revoked
at the expiration of such ten (10) days.
(Code 1965, §171311.2(e); Ord. No. 2109, 6-3-75; Ord. No. 2583, 12-4-79; Ord. No. 3152, 11-19-85; Ord. No. 3153,
11-19-85; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-15-88; Code 1991, §158.67; Ord. No. 4100, §2 (Exh. A), 6-16-
98)
(Code 1965, §§13A-40, 13A-43; Ord. No. 1509, 8-8-66; Code 1991, §§156.017, 156.029; Ord. No. 4100, §2 (Exh. A),
6-16-98; Ord. No. 4652, 12-07-04).
155.08 Appeals From The Construction Board Of Adjustments And Appeals
If the Construction Board of Adjustments and Appeals refuses to extend a building permit pursuant to §173.02
(13)(8) or to issue a new building permit for property for which a building permit has expired pursuant to §173.02
(13)(8), the owner may appeal to the City Council.
(Ord. No. 5019, 5-15-07)
155.09 Appeals from the Board of Adjustment
Final decisions by the Board of Adjustment may be appealed to the City Council by an owner of record of the
orooerty in auestion or by a Citv Council member on behalf of a resident of the citv.
155.1000-155.99 Reserved
(Supp. No. 35)
Created: 2025-01-02 08:10:39 [EST]
Page 5 of 5
156.02 Zoning Regulations
(A) General Procedure. Variances of all zoning regulations shall be considered and decided as shown below by
the Board of Adjustment. T"^r^ Shall be Re appeal to the City CeURCH fer ZORORg regulatien
(B) Requirements for Variance Approval.
(1) Where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances
unique to the individual property under consideration; and
(2) Where the applicant demonstrates that the granting of the variance will be in keeping with the spirit
and intent of the zoning ordinance.
(C) Minimum Necessary Variance. The Board of Adjustment may only grant the minimum variance necessary to
make possible the reasonable use of the applicant's land, building or structure.
(D) Special Conditions. In granting a zoning regulation variance, the Board of Adjustment may impose whatever
special conditions found necessary to ensure compliance and to protect adjacent property.
(E) Non -permitted Uses. The Board of Adjustment may not grant, as a variance, any use in a zone that is not
permitted under the zoning ordinance.
(F) Specific Tests. The Board of Adjustment shall apply specific tests for the following variance requests:
(1) Height Variances in All Districts. In addition to meeting all other normal requirements for a variance, an
applicant seeking a height variance must establish the increased height of the proposed structure will
not adversely affect adjoining or neighboring property owners, nor impair the beauty of Old Main, the
historical churches on Dickson Street near East Avenue, nor otherwise impair the historic beauty and
character of Fayetteville.
(Code 1965, App. A. 5 (VII (a)); Ord. No. 2148, 10-7-75; Ord. No. 2351, 6-21-77; Ord. No. 2362, 8-2-77; Ord. No.
1747, 6-29-70; Code. 1991, §160.038(E); Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4293, 2-20-01; Ord. No. 4858,
4-18-06; Ord. No. 4863, 05-02-06; Ord. No. 5296, 12-15-09; Ord. No. 5526, 9-18-12)
(Supp. No. 36)
Created: 2025-03-27 11:36:14 [EST]
Page 1 of 1
Form v1.55
NVECEIVE N R05/12/2025
ntedia C TY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number#: 506846
PO#:
Matter of: ORD 6867
AFFIDAVIT•STATE OF ARKANSAS
1. Maria Hernandez-Lopez do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTONBENTON county,State of ARKANSAS;that I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6867
Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and
that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County,
that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for
the period of one month before the date of the first publication of said advertisement;and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$299.44.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 05/11/25;NWA nwaonline.com 05/11/25
1/42/itkILIF-41--/-e --/e.e45.24
Legal Clerk _ _
State of ARKANSAS,County of Sebastian
Subscribed and sworn to before me on this 12th day of May, 2025 = n
p •
•
j:ON
✓` •
C J�`T1 -
TARY PUBLIC
Ordinance:6867 affected by this matter to the
File Number: 2025-479 Planning Commission.The ap-
AUTHORIZE BOARD OF AD- peal shall be submitted in writ-
JUSTMENT APPEALS TO CITY ing to the Planning Division
COUNCIL(AMENDMENTS): within ten(10)working days of
AN ORDINANCE TO AMEND the fins'decision.The Planning
CHAPTER 155 APPEALS AND§ Commission may consider the
156.02 ZONING REGULATIONS following factors and issues:"
OF THE UNIFIED DEVELOPMENT Section 5:That the City Coun-
CODE TO PROVIDE THAT BOARD cil of the City of Fayetteville,
OF ADJUSTMENT DECISIONS Arkansas hereby amends §
MAY BE APPEALED TO THE CITY 155.06(C)(2)(b)by changing the
COUNCIL,AND TO CLARIFY VAR- word 'must° to the word
IOUS APPEAL PROCEDURES "should."
WHEREAS, the Fayetteville Section 6:That the City Coun-
City Code currently requires that cil of the City of Fayetteville,
appeals from the Board of Ad- Arkansas hereby enacts §
justment be taken to the Circuit 155.09 Appeals from the Board
Court of Washington County; of Adjustment to read as fol-
and lows:
WHEREAS,the City of Fayet- "Final decisions by the Board
teville may provide by ordinance of Adjustment may be appealed
that appeals from decisions of to the City Council by an owner
the Board of Adjustment shall of record of the property in
first be heard by the City Coun- question or by a City Council
cil;and member on behalf of any reai-
WHEREAS, clarifying other dent of the city."
provisions of Chapter 155—Ap- Section 7:That the City Coun-
peals will benefit applicants end cil of the City of Fayetteville,
the general public by making Arkansas hereby amends §
the City's appeal procedures 156.02 Zoning Regulations by
easier to understand. repealing the last sentence of
NOW,THEREFORE,BE IT OR- subsection(A).
DAINED BY THE CITY COUNCIL PASSED and APPROVED on
OF THE CITY OF FAYETFEVILLE, May 6,2025
ARKANSAS: Approved:
Section 1:That the City Coun- Molly Rawn,Mayor
cil of the City of Fayetteville, Attest:
Arkansas hereby repeals § Kara Paxton,
155.01 Circuit Court and enacts City Clerk Treasurer
a replacement§155.01 as tol- This publication was paid tor
lows: by the City Clerk-Treasurer of
"Unless internally appealed the City of Fayetteville,
as set forth otherwise below,all Arkansas.
appeals from final actions taken Amount Paid.$299.44
by the City Council,Planning May 11,2025 506846
Commission,Board of Adjust-
ment,Construction Board of Ad-
justment and Appeals,and the
Zoning and Development Ad-
ministrator shall be taken to the
Circuit Court of Washington
County."
Section 2;That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby repeals the in-
troductory sentence and sub-
section (A) of § 155.02
Form/Time/Place and enacts a
replacement as follows:
"For appeals to the City
Council,Planning Commission,
Board of Adjustment or Con-
struction Board of Adjustments
and Appeals,the following re-
quirements shall must be met:
1.Form.All appeals must be
submitted in writing(which may
include by email) and which
should reference the applicable
UDC sections and set forth the
reasons the applicant contends
the decision was In error and
how the applicant s adversely
impacted."
Section 3:That the City Coun-
cil of the City of Fayetteville.
Arkansas hereby amends §
155.04 Council Member Appeal
On Behalf Of Resident by adding
an additional phrase to the first
sentence so that it reads as fol-
lows:
"A Council Member may
bring an appeal on behalf of any
resident of the city to the City
Council of a decision by the
Planning Commission to ap-
prove subdivision requests
(plats,lot splits),and develop-
ment requests(large scale de-
velopments and large or small
site improvement plans)."
Section 4:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby repeals §
155.06(C)(2)(a)and enacts a re-
placement§155.06(C)(2)(a)as
follows:
"A resident of the city or an
owner/developer who is ag-
grieved by a decision of the
Zoning and Development Ad-
ministrator regarding develop-
ment matters that are approved
administratively pursuant to§
166.02(C),§172.05 or other-
wise may appeal the final devel-
opment approval decision
