HomeMy WebLinkAboutOrdinance 3165 ORDINANCE NO. &6)��9�Q�9�FO
AN ORDINANCE AMENDING ARTICLE 7 OF APPENDIXt2� �9 TQiy THE
BED AND BREAKFAST F �I D FACILITIES , /
ORDINANCES TO REGULATE90GT�� 00
ACGyT1 sO
BE TT ORDAINED BY THE BOARD OF DIRECTORS OF THE QTY OF FAYElTEVIr ' ;reg r49
ARKANSAS:
Section 1 . That Article 6 , Section II ( B ) of Appendix A to
the Fayetteville Code of Ordinances is hereby amended by adding the
following :
Bed and Breakfast Facilities .
Section 2 . That Article 7 of Appendix A to the Fayetteville
Code of Ordinances is hereby amended by adding § 25 to read as follows :
25 . Bed and Breakfast Facilities .
I� Bed and breakfast facilities shall be a temporary conditional
use in all zoning districts subject to the following conditions :
(a ) A conditional use permit for a bed and breakfast facility
shall be effective for one year . After approval of
a conditional use permit by the Planning Commission,
the applicant must obtain a certificate of occupancy
from the Planning Office and Inspection Department
before the facility begins operation .
If no complaints regarding those items required to
be considered by the Planning Commission prior to the
issuance of a Conditional Use permit as described in
Art . 9 , Sec . 6 ( c ) , App . A are received by the Planning
Office from neighborhood residents , the Planning Office
may issue a renewal certificate of occupancy annually
subject to the inspection requirements of paragraph
( h ) below . If such complaints are received , the owner
or operator of the bed and breakfast facility must
apply to the Planning Commission for a new conditional
use permit .
(b ) The applicant for a conditional use permit must give
notice of the application to all owners of property
within 500 ' of the boundary line of the property on
which the bed and breakfast facility is proposed .
Said notice shall be given at least 10 days before
the Planning Commission meeting at which the conditional
use is to be considered . Notification may be given
by either :
LieER1172 PAGE 527
-2-
( 1 ) A certified letter mailed , return receipt requested
to the property owner ' s last known address with
the return receipts filed in the Planning Office
before the Planning Commission meeting at which
the application will be considered ; or
( 2 ) A site plan drawing shaving the property lines ,
structures on the property , driveways and parking
spaces , together with a brief written explanation
of the proposed use , may be circulated among and
must be signed by each property owner entitled
to notice under this section . The site plan drawing
must be filed with the Planning office before
the Planning Commission meeting at which the con-
ditional use application will be considered .
( 3 ) A site plan drawing showing the property
lines , structures on the property, driveways
and parking spaces shall be filed with the
Planning Office before the Planning Commission
meeting at which the Conditional Use application
will be considered .
( c ) Where a new structure is constructed , the lot on which
the bed and breakfast facility is located must comply
with the minimum lot size for the zoning district in
which the property is located .
(d ) One off-street parking space per guest roan shall be
required ; provided , the Planning Commission may allow
the use of on-street parking to meet this requirement
upon a determination by the Planning Commission that
traffic safety will not be impaired . The parking of
motor vehicles may be stacked in a driveway with the
owner of the bed and breakfast facilities being responsible
for the handling of ingress and egress .
(e ) The maximum length of stay of any one guest at a bed and
breakfast facility shall be 14 days .
( f ) The only meal which may be served at a bed and breakfast
facility shall be breakfast . Only guests of the bed and
breakfast facility may be served breakfast.
(g ) No parties or receptions shall be allowed at a bed and breakfast
facility .
(h ) Before a Conditional Use permit is issued for a bed and
breakfast facility , the building must be inspected by the
Fire Inspector and or Building Inspector to assure compliance
with the Arkansas State Fire Code and to assure that no
r,. E)BER1172PAGE528
• -3-
significant safety hazard exists . No Conditional Use
permit shall be issued for a bed and breakfast facility
if the building does not pass the inspection .
Section 3 . That Article 17 of Appendix A to the Fayetteville
Code of Ordinances is hereby amended by adding the following definition :
Bed and Breakfast Facility . A permanently owner occupied private
home with a maximum of five guest rooms furnishing temporary
lodging and breakfast to paying customers .
PASSED AND APPROVED this 4th day of February , 1986 ,
APPROVED
6
By Mayo 7
�. ATTEST
By: `
t Jerk
State
City °f FAR aI sasAT E OF RECO
I, Stl, �Yetteville ( RD
8.c-Off a�De C e; SS
pct I{
her,
s b} cerlifyet fortheClC�tY Clerk
h din O�cSot'h em3 offce aad
t the �nno.1 1 °rtf i11e
Zia
t� et page solutionhboo/me an-
eat this ��
IV.tness mY
Cr rd�q'�rlay of
CERTIRCATE OF RECOR „ r•
STATE OF ARKANSAS '50
Washington County ) SS'
1, .Alma L. Koh,rel'sr,
Washington C^uniy, do i.
going instrument it-as iii-^
of��Gr-. .
iS{R/ci: _LSO : ".�_A:, and the same is
dU(7 rccarde^, inww..�Q record 1111
-"%:mess my hind and seal thi- at page 52.1
3ylday o, ..—i9 ��a�R1172PAGE 529
mxmw
Ciromit clerk and
`r: Id$ o Recorded
ev g _
Legal Notices
ORDINANCE NO. 3165
AN , ORDINANCE AMEN- " ' (3) A- site plan drawing'
DIN(s, ARTIELE 7 OF AP- Showing the property Imes, ;
P E N D I X . A TO THE structures on trio property.
FAYETTEVII.LE CODE driveways and Parking ,
OF ORDINANCES TO -spaces shall be filed with the i STATE of ARKANSAS 1
REGULATE BED AND Planning Office before the J}
BREAKFAST FACILITIES. Planning Commission as.
BE IT ORDAINED BY I meeting at which the Condi- County OI Washington
THE BOARD OF DIREC. , tional Use application will
TORS OF THE CITY OF be censitlered.
F A Y E T 7 E V I L L E , (c) Waere a new structure /
ARKANSAS: is constructed the lot on IL �_ Yr . L' ,_� �+ , L. L _- L hereby certify that [
Section 1. That Article 6, • which thabed and breakfast
Section II (B) ef Appendix A • facII41% located must Com- am the publisher of(I HE NORTHWEST AREt' NSAS TIMES, a daily newspaper
to me Fayetteville Code of ply"With ' the minimum lot having a second class mailing privilege, and being not less than four pages of
Ordinances Is hereby size for the zoning district In
amended by adding the fol. which the property Is locat. five columns each, published at a fixed place of business and at a fixed (daily)
lowing: ea. Intervals continuously in the City of Fayetteville, County of Washington, Arkansas
ties. tl and Breakfast Faciti- (a) One off-street parking for more than a period of twelve months, circulated and distributed from an
space per guest room shall
Section 3. that Article 7 of : be required; provided, the established place of business to subscribers and readers generally of all classes
Appendix A to the FayeF ' Planning Commission may
fertile Codeof Ordinancesl In the City and County for a definite price for each copy, or a fixed price per
g allow the use of on-street)
hereby emended by adding Parking to meet this re- 1 annum, which price was fixed at what Is considered the value of the publication,
'S25 to read as follows: : quirement upon a deter- ) based upon the news value and service value it contains, that at least fifty percent
25. Bed and Breakfast Fa- , minatlon by the Planning . of subscribers p newspaper
;cillties. - Commission that traffic [ thbibthereto have paid cash for their subscriptions to the news a r
Bed and Breakfast facili- safety will not be Impaired. ) or its agents or through recognized news dealers over a period of at least six
;Nes sola be a temporary : The parking of motor vent- months; and that the said newspaper publishes an average of more than forty
'conditional use in an zoning ` ales may be stacked in a
'districts suDlect to the fol- . driveway with the Owner of percent news matter.
lowing conditions: the bed and breakfast 1ac111- I
; (a) A conditional use per. tfesbeing responsible for the
mtt for a bed and breakfast handling ofingress and I I further certify that the legal notice hereto attached In the matter of
1 facility shall be effective for egress. - IV
one year. Alter approval of a I (e) The maximum length
conditional use -permit by of stay Of any one guest ata /{ �_ (•�,_� ^� ¢_r , 0 - /�
the Planning Commission, bed and breakfast facility
the applicant must obtain a shall be 16days.
certificate of occupancy (U The only meal which /
from the .Planning Office may be served at a bed and was published in the regular daily issue of said-newspaperfor
and Inspection Department breakfast facility shall be consecutive insertions as follows:
before the facility begins breakfast. Only guests Of the � � �
_ . operation. bed and breakfast facility .41t
I/ nocomplalnts regarding may be served breakfast. The first Insertion on the ..ALL day of 19 2L_
those Items required to be (g) No parties or recap- 1
considered by the Planning ' tions shall be allowed at a :
Commission prior to the Is. bed and breakfast facility. the second insertion on the day of 19
suance of a Conditional Use (h) Before a Conditional
permit as described In Art Use Permit is Issued fora the third insertion on the day of 19
9, Sec. 6(c),- APP. A are bed and breakfast facility,
received by the Planning of. : the building must be In- f
Mice tram neighborhoodteamO res : spatted by toff Fire Inspec- I and the fourth insertion on the ,dO[ 19
Idents, tae Planning Office : for and or the Fire
Inspec• (/
may Issue a renewal certifi- : for to assure compliance
tate of Occupancy annually with the Arkansas State Fire -- --���
Subject to the Inspection re- Code and to assure that
quirements of paragraph significant safety hazard ex t
(h) below. a sato <om- Isis. No eondinonal .ruse Sworn to and subscribed before m on this �^ t L- day of
Plaints are received the Permit shall be Issued for a
owner or operator Of the bed bed and breakfast facility It I _
and breakfast facility must the building does not pas! q
apply to the Planning Com- the inspection.
mission for, a new cont- Section 3. That Article 17
tlonalusepermit. of Appendix A to the Fayet- �
(b) The applicant for a teville Code of Ordinances Is Vary Public
conditional use permit msut hereby amended by adding
givencticeof theapplication hereby ametleflnby a
w all 00' of a property Bed and Breakfast F&CIII- MV Commission Expires:
within he of the boundary nWhich.
tY. A permanently Owner oc-
the ef the property st which. cuPied private home with a _ �1
iM bed and breakfast faclll- maximum of five guestIT Is Is proposed, Said notice rooms furnishing temporary )
shall be given at least 10 lodging and breakfast to /
days before the Planning paying customers.
Commission meeting at I PASSED AND APPROV-
ED the conditional use is I ED thtslth day of February,
to be considered. NOtiflca- 1966. Fees fol' Prinling
Non may be given by either: APPROVED
(1 ) A certified letter mail. I By: Paul R. Noland `
ed, return receipt requested Mayor I
to the property owner's last ATTEST Cost of Proof
known address with the By: Suzanne C. Kennetly
return receipts filed In the City Clerk Total
Planning ONice before the
Planning Commission
meeting at which the ap-
pllcatlOn will be considered;
or
(2) A lite plan drawing I
showing the property Iines,
structures on the property, '
driveways and parking :
spaces, together with a brief , L � ' \ / I�
written explanation of the
I V D
proposed use, may be clr-
culatestoned among and must be ^ 7i1� 0 19ds
owner en each property IL
owner es a ti . notice
unser this section, The ilea
Ptah drewlan must Office
fuel ACCOUNTS PAYABLE
with the Planning Office be-
fore the Planning hick the
meeting at which toe
conditional use application
will De considered. -
I
I INVOICE MAKE CHECKS
I 94362 . FOR CLASSIFIED PAYABLE TO
ADVERTISING
CLASS CODEIMS, I T NORTHWEST
102 0 150 . 89 , ARKANSAS TIMES
IF NOT AMOUNT DUE F.O. DRAWER D
PAID BY WILL BE 212 N. EAST AVE.
FAYETTEVILLE. AR 72701
AGATES WORDS INCHES ZONE 102-094362 03/03/86
260 ' 19 760 18. 6
EDITIONS OPER I S/V
A 001 V
SKIP SCHEDULE
? F TO:
AD GIVEN BY PHONE City Of Fayetteville
501 -000-0000 Drawer F
INDEXING TERMS
ORDINANCE NO . 3165'" "f03"AN Fayetteville AR
START DATE STOP DATE 72702
03/04 /86 03 /04 /86 L
I RETURN THIS PORTION WITH PAYMENT
L �
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