Loading...
HomeMy WebLinkAboutOrdinance 7024Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 7024 File Number: 2026-2489 AN ORDINANCE TO AMEND §§ 155.04 COUNCIL MEMBER APPEAL ON BEHALF OF RESIDENTS, 155.06 APPEAL FROM STAFF INTERPRETATIONS AND ACTIONS, AND 155.08 APPEALS FROM THE BOARD OF ADJUSTMENT TO EXEMPT ANY APPEAL FEE FOR APPEALS REQUIRED TO BE SPONSORED BY CITY COUNCIL MEMBERS AND TO REQUIRE SUCH APPEALS TO BE SPONSORED BY NO LESS THAN THREE COUNCIL MEMBERS, AND TO DECLARE AN EMERGENCY WHEREAS, City Council Members are often used in the Appeals Chapter of the U.D.C. to be “gatekeepers” by only allowing an appeal to be made by a Council Member on behalf of a resident (but not by a resident) who seeks a meritorious appeal of an approved development proposal; and WHEREAS, it is the Council Member’s responsibility and duty not to appeal on behalf of residents if such appeal would be dilatory, frivolous, or lacking reasonable and meritorious justification for an appeal; and WHEREAS, Council Members who are appealing on behalf of residents should not be required to pay an appeal fee. 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 amends § 155.04 Council Member Appeal On Behalf Of Resident by repealing it and enacting as follows: “§155.04 Three Council Members May In Unison Appeal On Behalf Of Resident. (A) Three Council Members may in unison 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 by three Council Members who in unison on behalf of a city resident. (B) After determining that an appeal on behalf of a resident or residents would not be dilatory, frivolous, nor lacking reasonable and meritorious justification, three Council Members in unison sponsor such appeal on behalf of a resident (not the developer or applicant) shall not pay any fee for such appeal. This waiver of any appeal fee for Council Members applies to this section; and to § 155.05 Appeal From Planning Commission (A)(3); § 155.06 Appeal From Staff Interpretations and Actions, and to any other provision in the Unified Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Ordinance: 7024 File Number: 2026-2489 Page 2 Development Code in which Council Members are authorized to evaluate and sponsor an appeal of a decision on behalf of a resident (not the developer or applicant) of Fayetteville.” Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.06 (A)(1) and (3) by repealing them and then enacting a replacement (A)(1) and (3) as follows: “§ 155.06 (A)(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.” “(A)(3) Stormwater 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 without payment of any appeal fee.” Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.06 Appeals From Staff Interpretations and Actions (C) Appeals to the Planning Commission (2) Administrative Approvals and Interpretations by Zoning and Development Administrator by enacting and adding at the start (C)(2)(a): “Three Council Members on behalf of….” This amendment is to establish that three Council Members may sponsor an appeal for a resident concerning a decision by the Zoning and Development Administrator. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.06 (C)(3), (4) and (5) by adding the following introductory language to each subsection: “An owner of record of the property in question or three Council Members in unison on behalf of a resident of the city may appeal the following matters.” Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.06 (C)(1) by enacting a new subsection (d) as follows: “(d) No appeal fee shall be required or due for this appeal.” Section 6: Retroactive Effect to January 1, 2026. That the City Council of the City of Fayetteville, Arkansas hereby determines that the City Council never intended to require a City Council Member who sponsored an appeal on behalf of a city resident within Chapter 155 Appeals should pay a property development appeal fee. To correct this mistake, this clarifying ordinance should be and is made retroactive to January 1, 2026 so that any appeal fee paid by a Council Member after that date should be refunded. Section 7: Emergency Clause. Since City Council Members are regularly being asked by concerned residents to sponsor appeals from approvals of the Planning Commission, City Council Members should not have to pay appeal fees for such meritorious appeals which could endanger the peace, health and welfare of our residents. Therefore, the City Council of the City of Fayetteville hereby determines an emergency exists so that this ordinance should be and hereby is declared to be effective immediately after its passage and approval. PASSED and APPROVED on August 18, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 419.52 Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-2489 MEETING OF AUGUST 18, 2026 TO: Mayor Rawn and City Council THROUGH: Kit Williams, City Attorney FROM: Teresa Turk, Ward 4, Position 1 SUBJECT: AN ORDINANCE TO AMEND § 155.04 COUNCIL MEMBER APPEAL ON BEHALF OF RESIDENTS RECOMMENDATION: AMEND § 155.04 COUNCIL MEMBER APPEAL ON BEHALF OF RESIDENTS TO EXEMPT ANY APPEAL FEE FOR ALL APPEALS REQUIRED BACKGROUND: City Council Members are often used in the Appeals Chapter of the U.D.C. to be “gatekeepers” by only allowing an appeal to be made by a Council Member on behalf of a resident (but not by a resident) who seeks a meritorious appeal of an approved development proposal. DISCUSSION: It is the Council Member’s responsibility and duty not to appeal on behalf of residents if such appeal would be dilatory, frivolous, or lacking reasonable and meritorious justification for an appeal. Council Members who are appealing on behalf of residents should not be required to pay an appeal fee. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Agenda Request - Signed, 4. Memo from Kit, 5. Additional Information - Proposed Amendment - Berna, 6. Additional Information - Staff Memo Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-2489 AN ORDINANCE TO AMEND §§ 155.04 COUNCIL MEMBER APPEAL ON BEHALF OF RESIDENTS, 155.06 APPEAL FROM STAFF INTERPRETATIONS AND ACTIONS, AND 155.08 APPEALS FROM THE BOARD OF ADJUSTMENT TO EXEMPT ANY APPEAL FEE FOR APPEALS REQUIRED TO BE SPONSORED BY CITY COUNCIL MEMBERS AND TO REQUIRE SUCH APPEALS TO BE SPONSORED BY NO LESS THAN THREE COUNCIL MEMBERS, AND TO DECLARE AN EMERGENCY WHEREAS, City Council Members are often used in the Appeals Chapter of the U.D.C. to be “gatekeepers” by only allowing an appeal to be made by a Council Member on behalf of a resident (but not by a resident) who seeks a meritorious appeal of an approved development proposal; and WHEREAS, it is the Council Member’s responsibility and duty not to appeal on behalf of residents if such appeal would be dilatory, frivolous, or lacking reasonable and meritorious justification for an appeal; and WHEREAS, Council Members who are appealing on behalf of residents should not be required to pay an appeal fee. 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 amends § 155.04 Council Member Appeal On Behalf Of Resident by repealing it and enacting as follows: “§155.04 Three Council Members May In Unison Appeal On Behalf Of Resident. (A) Three Council Members may in unison 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 by three Council Members who in unison on behalf of a city resident. (B) After determining that an appeal on behalf of a resident or residents would not be dilatory, frivolous, nor lacking reasonable and meritorious justification, three Council Members in unison Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Ordinance: 7024 File Number: 2026-2489 Page 2 sponsor such appeal on behalf of a resident (not the developer or applicant) shall not pay any fee for such appeal. This waiver of any appeal fee for Council Members applies to this section; and to § 155.05 Appeal From Planning Commission (A)(3); § 155.06 Appeal From Staff Interpretations and Actions, and to any other provision in the Unified Development Code in which Council Members are authorized to evaluate and sponsor an appeal of a decision on behalf of a resident (not the developer or applicant) of Fayetteville.” Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.06 (A)(1) and (3) by repealing them and then enacting a replacement (A)(1) and (3) as follows: “§ 155.06 (A)(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.” “(A)(3) Stormwater 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 without payment of any appeal fee.” Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.06 Appeals From Staff Interpretations and Actions (C) Appeals to the Planning Commission (2) Administrative Approvals and Interpretations by Zoning and Development Administrator by enacting and adding at the start (C)(2)(a): “Three Council Members on behalf of….” This amendment is to establish that three Council Members may sponsor an appeal for a resident concerning a decision by the Zoning and Development Administrator. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.06 (C)(3), (4) and (5) by adding the following introductory language to each subsection: “An owner of record of the property in question or three Council Members in unison on behalf of a resident of the city may appeal the following matters.” Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.06 (C)(1) by enacting a new subsection (d) as follows: “(d) No appeal fee shall be required or due for this appeal.” Section 6: Retroactive Effect to January 1, 2026. That the City Council of the City of Fayetteville, Arkansas hereby determines that the City Council never intended to require a City Council Member who sponsored an appeal on behalf of a city resident within Chapter 155 Appeals should pay a property development appeal fee. To correct this mistake, this clarifying ordinance should be and is made retroactive to January 1, 2026 so that any appeal fee paid by a Council Member after that date should be refunded. Section 7: Emergency Clause. Since City Council Members are regularly being asked by concerned residents to sponsor appeals from approvals of the Planning Commission, City Council Members should not have to pay appeal fees for such meritorious appeals which could endanger the peace, health and Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Ordinance: 7024 File Number: 2026-2489 Page 3 welfare of our residents. Therefore, the City Council of the City of Fayetteville hereby determines an emergency exists so that this ordinance should be and hereby is declared to be effective immediately after its passage and approval. Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Additional Information Received Date Received: MM/DD/YYYY Time: 00:00 (AM/PM) From: Name & Title To: Name & Title Agenda Meeting Date: MM/DD/YYYY Civic Clerk Number: Ex. 2025-994 Forwarded to City Attorney’s Office and Department Head 08/03/2026 4:51 PM City Attorney Kit Williams City Council 08/04/2026 2026-2489 n/a Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A AN ORDINANCE TO AMEND §§ 155.04 COUNCIL MEMBER APPEAL ON BEHALF OF RESIDENTS, 155.06 APPEAL FROM STAFF INTERPRETATIONS AND ACTIONS, AND 155.08 APPEALS FROM THE BOARD OF ADJUSTMENT TO EXEMPT ANY APPEAL FEE FOR APPEALS REQUIRED TO BE SPONSORED BY CITY COUNCIL MEMBERS AND TO REQUIRE SUCH APPEALS TO BE SPONSORED BY NO LESS THAN THREE COUNCIL MEMBERS, AND TO DECLARE AN EMERGENCY WHEREAS, City Council Members are often used in the Appeals Chapter of the U.D.C. to be “gatekeepers” by only allowing an appeal to be made by a Council Member on behalf of a resident (but not by a resident) who seeks a meritorious appeal of an approved development proposal; and WHEREAS, it is the Council Member’s responsibility and duty not to appeal on behalf of residents if such appeal would be dilatory, frivolous, or lacking reasonable and meritorious justification for an appeal; and WHEREAS, Council Members who are appealing on behalf of residents should not be required to pay an appeal fee. 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 amends § 155.04 Council Member Appeal On Behalf Of Resident by repealing it and enacting as follows: “§155.04 Three Council Members May In Unison Appeal On Behalf Of Resident”. (A) Three Council Members may in unison 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 by three Council Members in unison on behalf of a city resident. (B) After determining that an appeal on behalf of a resident or residents would not be dilatory, frivolous, nor lacking reasonable and meritorious justification, three Council Members in unison sponsor such appeal on behalf of a resident (not the developer or applicant) shall not pay any fee for such appeal. This waiver of any appeal fee for Council Members applies to this section; and to § 155.05 Appeal From Planning Commission (A)(3); § 155.06 Appeal From Staff Interpretations and Actions, and to any other provision in the Unified Development Code in which Council Members are authorized to evaluate and sponsor an appeal of a decision on behalf of a resident (not the developer or applicant) of Fayetteville.” Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.06 (A)(1) and (3) by repealing them and then enacting a replacement (A)(1) and (3) as follows: “§ 155.06 (A)(1) The City Engineer’s decision to issue a violation notice on stop work order may be appealed to the City Council by an owner of record of the property in question.” “(A)(3) Stormwater 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 without payment of any appeal fee.” Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.06 Appeals From Staff Interpretations and Actions (C) Appeals to the Planning Commission (2) Administrative Approvals and Interpretations by Zoning and Development Administrator by enacting and adding at the start (C)(2)(a): “Three Council Members on behalf of….” This amendment is to establish that three Council Members may sponsor an appeal for a resident concerning a decision by the Zoning and Development Administrator. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.06 (C)(3), (4) and (5) by adding the following introductory language to each subsection: “An owner of record of the property in question or three Council Members on behalf of a resident of the city may appeal the following matters.” Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 155.06 (C)(1) by enacting a new subsection (d) as follows: “(d) No appeal fee shall be required or due for this appeal.” Section 6: Retroactive Effect to January 1, 2026. That the City Council of the City of Fayetteville, Arkansas hereby determines that the City Council never intended to require a City Council Member who sponsored an appeal on behalf of a city resident within Chapter 155 Appeals should pay a property development appeal fee. To correct this mistake, this clarifying ordinance should be and is made retroactive to January 1, 2026 so that any appeal fee paid by a Council Member after that date should be refunded. Section 7: Emergency Clause. Since City Council Members are regularly being asked by concerned residents to sponsor appeals from approvals of the Planning Commission, City Council Members should not have to pay appeal fees for such meritorious appeals which could endanger the peace, health and welfare of our residents. Therefore, the City Council of the City of Fayetteville hereby determines an emergency exists so that this ordinance should be and hereby is declared to be effective immediately after its passage and approval. Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A Docusign Envelope ID: 66505472-DB52-8DA2-81F6-E61308508C1A