HomeMy WebLinkAboutOrdinance 2486 ORDINANCE NO . « C/� /Z
AN ORDINANCE AMENDING APPENDIX A TO THE FAYETTEVILLE CODE< j,y<��^1��h,
OF ORDINANCES TO AMEND THE ZONING REGULATIONS APPLICABLE TO y
HOME OCCUPATIONS .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . That Article 6 , Section VIII ( b ) of Appendix
A to the Fayetteville Code of Ordinances is hereby amended by
adding the following :
Home Occupations .
Section 2 . That Article 7 , Section X of Appendix A to
the Fayetteville Code of Ordinances is hereby amended to read
as follows :
X . Home Occupations
In any dwelling unit in an A- 1 , R- 1 , R- 2 , R- 3 , or R- 0
district where home occupations are permitted , said home
occupations shall not occupy more than thirty percent ( 30% )
of the gross floor area of one floor of said dwelling unit ,
nor more than 300 square feet of the gross floor area ,
whichever is greater . These limitations shall not apply
to foster family care , or the providing of room or board
as an accessory use only . Home occupations in an A- 1 , R- 1 , R- 2 ,
R- 3 , or R- 0 district shall be subject to the following
regulations :
( a ) No exterior alterations of the structure may be
made which are of a non- residential nature .
(b ) No advertising , display , storage or other external
evidence of business shall be permitted , except that
for each dwelling unit with a permitted home occupation ,
one unanimated , non- illuminated home occupation sign
which identifies the home occupation shall be permitted ,
if such sign is erected flat against a wall or door or
is displayed in a window , and does not exceed three
square feet in area ; provided no such sign shall be
permitted in an R- 1 district .
( c ) No person may be employed other than a member of
the immediate family residing on the premises .
( d ) No mechanical equipment may be used which creates
a disturbance such as noise , dust , odor or electrical
disturbance .
( e ) No parking spaces other than normal residential
parking spaces shall be permitted .
( f ) Home occupations in an R- 1 district shall be
subject to the following additional regulations :
( 1 ) No conditional use permit for a home
occupation in an R- 1 district shall be issued for
a period exceeding one year , but such a permit may
be for a period shorter than one year . Upon
expiration of a conditional use permit , the
Planning Administrator shall have the authority
to renew a conditional use permit for the same
period as originally authorized , if the Planning
MICROFILMS
REEL 19f� g
A .
Administrator has received no complaints or
opposition from residents of the neighborhood in
which the home occupation is located . The
Planning Administrator may refer any proposed
renewal of a conditional use permit to the
Planning Commission for final decision .
( 2 ) No home occupation shall be opened to the
public earlier than 8 : 00 a . m . or later than
8 : 00 p . m . .
( 3 ) No home occupation shall be allowed in an
R- 1 district if the Planning Commission determines
that the home occupation would generate such
excessive traffic as would adversely affect the
safety , peace , tranquility , or welfare of the
neighborhood .
( 4 ) At least seven days prior to the Planning
Commission meeting at which a conditional use
permit application is to be considered , the
applicant shall give notice of the proposed home
occupation to the owners of any dwelling unit
located in an R- 1 district within 500 feet of
any boundary line of the property on which the
home occupation is proposed . Such notice shall
state ( 1 ) the nature of the home occupation
proposed , ( 2 ) the date and time of the Planning
Commission meeting at which the conditional use
permit application will be considered , and ( 3 )
that all documents pertaining to the conditional
use permit application are on file in the City
Planning Office and may be inspected during normal
business hours . Such notice may be given by any
of the following methods :
( i ) By mailing written notice to all
owners entitled to notice hereunder ;
provided , no more than one owner in
each dwelling unit shall be required to
receive notice . Said notice shall be mailed
by certified or registered mail , and the
return receipt shall be filed with the
Planning Administrator along with a copy of
the notice prior to the meeting at which the
Planning Commission will consider the application .
( ii ) By publication in a newspaper of general
circulation within the City . Said notice
shall not be published in the legal notice
section and shall not be less than two
columns wide by three inches high . Proof
of publication shall be filed with the
Planning Administrator prior to the meeting
at which the Planning Commission will consider
the application .
( iii) By obtaining the signature of each
owner entitled to notice hereunder on a
notice containing the information required
by this paragraph ; provided , the signature
of no more than one owner in each dwelling
unit shall be required . Said notice shall be
filed with the Planning Administrator prior
to the meeting at which the Commission will
consider the application .
980 82
( g ) Upon receipt of an application for a conditional
use permit for a home occupation in an R- 1 district ,
the Planning Administrator shall cause to be posted
on the property a sign at least 18 inches high and
30 inches wide , which sign shall state ( 1 ) that a
conditional use permit application for a home occupation
has been filed , and ( 2 ) the date and time when the
Planning Commission will consider the application . Said
sign shall be posted in a conspicuous place on the
property .
Section 3 . That Article 17 of Appendix A to the Fayetteville
Code of Ordinances is hereby amended by changing the definition of
the term "Home Occupation" to read as follows :
Home Occupation . An occupation , profession , or avocation
conducted in a dwelling unit on a part - time or full- time
basis for which financial compensation is received .
Section 4 . The Board of Directors hereby determines that the
City ' s existing zoning regulations do not adequately regulate home
occupations ; that adequate regulation of home occupations is
necessary to safeguard the public health , safety and welfare ; and
that the passage of this ordinance is necessary to adequately
regulate home occupations . Therefore , an emergency is hereby
declared to exist , and this ordinance being necessary for the
public health , safety and welfare shall be in full force and
effect immediately after its passage and approval .
PASSED AND APPROVED this.-,940� day of /nDY/ rte) 1978 .
APPROVED :
ill
:� _Assis nt - Mayor
q` A=St�
> ��(
CIT ` 1
LIS
CERTIFICATE 3F RECORaD
State of Arkansas SS
CERTIFICATE OF RECORD City of Fayetteville
' rn -r OF ARKANSAS D l�,� � t � I�,., +, ^-,lrri ?nd luT-
Wasf ❑nit i SS. Ie•IC� IG I , ltb.lOv`l : . v S
on county Q.C- o. . ' ' i ': - ""i `•..
Officio reccrder for the ,
I, A)rna L. Kollmeye r, Circuit Clerk and Ex-0f,icio Recorder tow, do hereby cerin;- thA'- "-
Washington County, do hereby certify that going is of record in my oft: "e .1 :d `i. c ssn•e
going instrument was filed to r nn .xcd or fore. � p�, -- aQA,�ly°ij,-i]t
of '/c un my office on tha ,L day aPPears in -------------- ---
1 �--" ..Ircle om. and the same is I page –-------
of
-- - ...
duly recorded in at a e --�—/ Witness niy
Witness my hand and seat this �r cord_Q�at page�/ d -_-_- day of
ay of19 9d' ha d and seal this -----
1J��—
Circuit Clerk and
Ex-Officio Recorded /1
By City C rk and Ex-Officio P.ecorder
__LL Clerk
STATE of ARKANSAS
County of Washington ss.
r �xi BY -mailing
written notice to all { •;rf
tk ORDINANCE NO. gaga E✓ --.-� _ __------------------_. . --_, hereby certify that I
7 jW'YORDINANCE AMENDING AP owners entitled to notice hereunder: I, .----.-._-... _...................... ._ _--------. 'y.-.-
n ENDIX A TO THE FAYETTEVILLE provided, no more than one owner in each lm the Publisher of THE NORTHWEST ARKANSAS TIMES, a dally
._•CODE"OF ORDINANCES TO AMEND Aarelhng unit shall he required to receive
r;TRE .::gONING REGULATIONS AP. notice. Said notice shall he mailed by newspaper having a second class mailing privilege, and being not less than
PLICABLE TO HOME OCCUPATIONS. certified or registered mail, and the return lour a
ry tlE IT OftDA1NED BY THE BOARD OF receipt shall he filed with the Planning
pages of five columns each, published at a fixed place of business and at
DIRECTORS OF THE 'CITY OF Administrator along with a copy of the fixed (daily ) intervals continuously In the City of Fayetteville, County of
f^P YETTEVILLE. ARKANSAS: notice prior to the meeting at xhich the
�11"SS64iop 1. That Article 6. Section Vlll(b'1 Planning Commission will consider the ashfngton, Arkansas for more than a period of twelve months, circulated
e,,;of Appendix A to the Fayetteville Code of PPlI By publication in a newspaper or nit distributed from an established place of business to subscribers and
the rellowin is hereby amended by adding general circulation within the City. said eaders generally of all classes in the City & County for a definite price for
tbefaariip oc: - g
4 Aecilllon Occupations : .; notice shall net be published be es the legal ach copy, or a fixed price per annum, which price was fixed at what is
' . SeWon t. That Article t Section e w renotice are wide
shall inlheless Nanton
flppendix A to the Fayetteville code w rommis wide by three inches sign. Prow oneidered the value of the publication, based upon the news value and
:'Orditun<as is hereby amended to read at of publication shall he filed with ' the ervice value i
follot contains, that at least fifty percent of the subscribers
I ysis% , Planning Administrator prior to the.
is fyXlNome Oacupalions meeting at which the Planning Commission hereto have paid cash for their subscriptions Co the newspaper or its agents .
lC4ln any dwelling unit in an A.1. R-1, R8will consider the application.
hRJ tor? HU district where home be + lot) BY obtaining the signature of each Ir through recognized news dealers over a period of at least six months;
.cupaiiam, are .permitted, said home oc. owner;emilled to notice hereunder on a dad that the said newspaper publishes an average of more than forty percent
'iaFupationaaholl notoccupy more than thirty nolicemntaining the i nlnrmalion required •
+plfereelit'*11oI w the gross floor area of one by this paragraph: provided, the signature ewe matter.
+yfoor p4fad dwelling area.,whichever h. of no more than one owner In each dwelling -
7rigeatek.,These limitations shall not apply unit short be required. Said notice shall be I further certify that the legal notice hereto attached in the matter of
41to faster ramify care; or the providing w filed with the Planning Administrator prior
rlroom oP.bwrd.,i accessory ase only, to the meeting at which the Commission
�}111mte dsxxspatioas
in an A-1. 11.1. R3. RJ, will consider the application. R
r+'a+ R9 district,shall- be subject to the igl Upon receipt w an application for p� n /��
•1foeaWins rcgulatib- ^. ' • '• K.:pm --arcenditional use Permit for a home m- 1 .,Q.1-N--INC _.1--x- 0..7-_9-_�_------.------_.._—_--_._-
rrs wingo' exterior ' zlleralions w the eupation in an R-I district, the Planning I
3bucuirt maybe made which are of a non Adminislralor shall cause to be posted on i f i �®
4 midenbal nature: at,<,y t. . a„( , r � property a sign at least Is inches high fas published 1n the regular daily issue of said QeFWQ5ape5 fo3-��
end Jo Inches.a'. i � .No advertising, display, storage or s nide, which sign shall state
' lherexternal evidence nl business shall be" _
VOR696s1Ma'l lnaeitl0 a6 follows :
ni tled, except that far each dweliing . AII_ that. a conditional use perms ap" s A�
0And with a permitted home occupation, one - plication ler a home occupation has been ,j C p.
+•�namulated. non-illuminated home ac.', filed, and 121.the date end time when the The first Insertion on the ._..-___-..------------ day of ---_-. _F.t.-.TT--- 19_7 O_
�,upation sign which identifies the Mme,.Planning Commission will consider the`
occupation shall be permitted. if such sign• application. Said si8n shall he posted in a
y
ea erected flat against a wall or door or is conspicuous place on the propli a second insertion on the ..__--_----------_._--- day of ------_____------- 19--_—_-
displayed in a window, ana does not exceed Section e. That Article n of Appendis A
JIhree square feel in area: provided no such to the Fayetteville Code w Ordinances is a third Insertion On the da OI
fpsshg1IbepermiuedinanR [ district. I hereby amended by changing the definition -..-------------------- y -----------
au No person may be employed other of the lerm "Home Occupation" to read as
dlan,a member of the immediate, family , follows:,
u.;iesidinR on Nepremises. may
'.Home y0eeupatian., An occupation, id the fourth insertion on the ---_..-^----._-...._.. day of --_---_--_ ^. ...... 19......
t•. W14Ne m
mechanical equipment ay he profession. or avocation conducted in a I i
sed which creates a disturbance such as dwelling unit on a part-time or full time tt ; •. Cx ('p 7 9 '45,.p t�., �s•b,r '
�.no¢e,dust, Mor or electrical disturbance basis for which financial compensation u; s.e+-'"�. yJtr�- 77 ii d;7 fl
nJel 'Nn parking spaces other than normal received. . . :, "' . s . r ..r es
^fesldential parking spaces shall be per• - Section q. The Board of Directors hereby,
'milled. 1 a determines that the City's existing tuning
'A sYfl ;tome occupations in an R-1 district regulations do rel Adequately regulate
;ahall be subject to the following additional home .'occupations: that adequate Sworn t0 and subscribed before me on this -----------------_----- day of .._.----
'aregulations: - q p, •: ,,, r •s regulation of home occupations is _
•" ' 'r necessary to safeguard the public-health.,
—' safely avid x'ellare: and that the passage of
❑ I Ne ,coM Ronal use permit for a. .i
home occupation on an R-1 district shall be this regulate home
occupations.nttessarY T refore, an --- _ .........
issued for a penad exceeding ism year. but emergenc) is rellydlalr Therefore, an,
sudA 6 permit may nd far a pecuxl shorter' this
ordinals hereby declared to for and
d this ardnwnce tieing necessary for the- CI.G%/a�
. than ou eyear. Upcn.expiahon of,a con• fin
health. safety and welfare shall be G-
ditional ,use permiL • the' Planning 'Adr in IuO .force end effect immediately after --_- ----_ -_
romistralar lean- have tie . authority ,til rY Public
reaew 'ateeadltiaovl ase yermit lof.!lbe its passag AND
APPROVED
PPR
same ppereriod as origmally autharised• if the `of .NowEDr, IM, PROI'Ea1hu21std,y -
Pla'hning"AdmhJstrator has received no of Nov, V. 191a,Thy +��xl. n
complaints or opposition from residents of ry,14i.Ii � a : APPROVED: My Commission Expires:
led neighborhood to which the home od • .ems Jnt-Mav
cuWtion is located. The Planning AS a Assislam stator
minislralar may refer any proposed I Angela Sft Medlock
renewal of a conditional use permit to the{ k .
Planning Commission for final decision. CITY CLERK ;q f t'
121 No home occupation shall be opened Iseall F _l :
t l tc e, - •„I ' S
to the public earlier than g:W a.m, or later. s • Ef ..' <{a r,. 7
thane o p.m. A - : .. {; "`•"`�' Fees for Printing --------
(31
---__IL No home occupation shall be allowed '
in an Rd district if the'Planning Com.
mission delermina Coat Ot Proof that the home oc. -----.-----_--- f------..___--.__.__
cuplike would generate-such excessive
traffic as xould adversely affect the
safety. pea”. lranquJity. or ss,elrare of the, Total ................
neighborhood. r • .
IU At least seven dpi prior to the
Planning Commission meeting at which a
conditional use Permit application is In be.
considered, the applicant shall give noti",, t
of the proposed home mcupation .to the. ,
owners of any dwelling unit located in an
R-I district within ; feet of any hwndary ,
If" of the property nn whish the home
occupation is proposed. Such mtie< shall ,
sta4 I I t the natureof the home occupation
proposed. IP the date and time of the {
Planning Commisalen meeting at which the '
condillonaLuse permit applicationwillbe, '
eoldideeeQ�and;iet ' that •all dacumenD.
perlaiwng to the,cieditianal use perm;; • i
.upplkttlen arc
codfile in JM Cly P4nning / a_
O ficeaad shay be inspeeled during norma
busiaeai Hours. Such notice may be given]
by alOLgfjhe ratio%ing methods:
