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HomeMy WebLinkAboutOrdinance 4099 ORDINANCE NO. 4 0 9 9 AN ORDINANCE AMENDING CHAPTER 33: DEPARTMENTS, BOARD$, COMMISSIONS, AND AUTHORITIES, OF THE CODE OF FAYETTEVILLE TO ALLOW PROVIDE FOR THE BOARD OF ADJUSTMENT, THE PLAT REVIEW COMMITTEE, THE SUBDIVISION COMMITTEE, THE TREE AND LANDSCAPE ADVISORY COMMITTEE AND THE BOARD OF SIGN APPEALS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 33 : Departments, Boards, Commissions, and Authorities, of the Code of Fayetteville, is hereby amended to read as follows: BOARD OF ADJUSTMENT §33.250 Composition; Membership. The Board or Adjustment shall consist of seven members with its members to be appointed by the City Council, each for a term of five years. Appointments shall be staggered. A majority of the membership of the Board of Adjustment shall constitute a quorum. Members of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the City Council for the unexpired term of the member affected. §33.251 Proceedings of Board of Adjustment A. The Board of Adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of the Unified Development Ordinance. Meetings shall be held at the call of the chairperson and at such other times as the Board of Adjustment may determine. The chairperson, or in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. B. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating the fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the City Planner. §33.252 Administrative Review. The Board of Adjustment shall hear and decide appeals where it is alleged there is error or ambiguity in any order, requirement, decision, interpretation, or determination made by the City Planner in the enforcement of Zoning, Chapters 160- 164. Cross Reference: Variances, Chapter 156: Appeals, Chapter 155. Page 2 Ordinance No. 4 0 9 9 PLAT REVIEW COMMITTEE §33.260 Composition; Membership. The Plat Review Committee shall consist of the following: Inspection Superintendent; Street Superintendent; City Engineer; Sanitation Superintendent; Fire Chief; Administrative Assistant to the Mayor; Traffic Superintendent; City Planner; City Planning Consultant; electric company representative; gas company representative; telephone company representative, and cable television company representative. The Plat Review Committee shall have advisory capacity only. Its duty shall be to advise the developer of technical problems, to recommend solutions of such problems, and to advise the developer of mandatory requirements. SUBDIVISION COMMITTEE §33.270 Composition; Membershi.p. The Subdivision Committee shall consist of three or more members of the Planning Commission appointed by the chairman of said commission. TREE AND LANDSCAPE ADVISORY COMMITTEE §33.280 Composition; Membership. There is hereby created a committee to be known as the "Tree and Landscape Advisory Committee", composed of citizens of Fayetteville. A. The committee shall consist of at lease nine members who shall be appointed through the regular boards and committees appointment procedure. Appointees shall include: one representative of the business community; one representative of a service organization; one representative from the land development community; one person trained in the field of forestry, landscaping or horticulture; one representative of an environmental group focused on tree protection; one representative of the utility industry; one representative from the University of Arkansas; two persons at large who are residents of the City of Fayetteville or the best available applicant. The Landscape Administrator shall be a nonvoting ex officio member. B. All appointed members shall serve without pay. C. The committee shall elect from its members a chairperson, who shall serve a one- year term and shall be eligible for re-election to a subsequent term or terms. The committee may elect such additional officers and establish any subcommittees it deems necessary for the proper performance of its duties. D. Terms of membership on the Tree and Landscape Advisory Committee shall be for a period of two (2) years. However, three of the initial membership terms shall be for a period of one year so as to provide for staggered membership terms. Should a member be unwilling or Page 3 Ordinance No. a ogg unable to serve the full membership term, the vacancy shall be filled, for the unexpired term, by standard appointment procedure. §33.281 Powers and Duties. A. The committee shall adopt and amend rules and govern the conduct of its business. Such shall be consistent with the provisions of the Arkansas Freedom of Information Act, A.C.A. §25- 19- 101 et seq. B. The Committee shall hold regular meetings and may call special meetings if necessary to carry out its duties. C. The Tree and Landscape Advisory Committee, in coordination with the Landscape Administrator, shall: 1 . Assist in the dissemination of news and information regarding the protection, maintenance, removal, and planting of trees in the City. 2. Organize and administer an ongoing program of public education designed to increase public awareness of trees, their needs and proper care. 3 . Advise and consult on issues pertaining to the tree protection ordinance, its administration and enforcement. 4. Study the benefits and problems to determine the needs of the City in connection with its trees. 5. Pursue the establishment of a comprehensive Fayetteville Street Tree Plan. BOARD OF SIGN APPEALS §33.290 Composition; Membership. The Board of Sign Appeals shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or interpretation made in the enforcement of Signs, Chapter 174. §33.291 Powers and Duties. Cross reference: Appeals, Chapter 155 ; Variances, Chapter 156. Page 4 Ordinance No. 4099 §33.292 Conflict of Interest. Any member of the Board of Sign appeals who shall have direct or indirect interest in any sign or in any decision relating to such sign, which shall be the subject matter of, or affected by, a decision of the Board of Sign Appeals, shall be disqualified from participating in the discussion, decision or proceeding of the Board of Sign Appeals in connection therewith. PASSED AND APPROVED this I & day of June , 1998. APPROVED: By: IIW14yv1 ✓ Fred Hanna, Mayor ATTEST: By: v G Heather Woodruff, i Clerk f poll f ,. .0N o ' 40 . . cel ee y0g9 ORDINANCE NO. AM AN ORDINANCE AMENDING § 33.250 Composition; Mem- CHAPTER 33: DEPART- bership. The Plat Review rr a �y ,��+ MENTS, BOARDS, COMMIS- Committee shall consist of the STATE OF ARKANSAS ICRO 'd�,l®'tl. En SIONS, AND AUTHORITIES, following: Inspection SupednLij - OF THE CODE OF ADJUST- tendent; Street Superintendent; MENT, THE PLAT REVIEW City Engineer;Sanitation Su- SS. COMMITTEE, THE SUBDIVI- pedntendent: FireChief; Ad- County Of WaShingtOn SION COMMITTEE, THE minatrative Assistant to the TREE AND LANDSCAPE AD- Mayor, Traffic Superintentlent; VISORY COMMITTEE AND City Planner; City Planning THE BOARD OF SIGN OF AP- Consultant; Electric Company I, RANDALL COPE, herebycertify that I am the publisher of THE PEALS. representative; Gas Company y P representative; Telephone NORTHWEST ARKANSAS TIMES, a daily newspaper having a second CI IT ORDAINED BY THE CompanyRepresentative; Company class mailing privilege, and being not less than four pages of five CITY COUNCIL OF THE CITY Cable television Company rep- g P g g P g OF FAYETTEVILLE, resentative. The Plat Review columns each, published at a fixed place of business and at fixed (daily) ARKANSAS: Committee shall have advisory capacity only. Its duties shall be intervals continuously in the City of Fayetteville, County of Washington, Depart 1 That Chapter 33:m- to hnicalthadems. torofthe Arkansas for more than a period of twelve months, circulated and Departments, Boards, Com- technical problems, to recom- missions, and Authorities, of mend solutions of such prob- distributed from an established place of business to subscribers and the code of Fayetteville, is Iems, and t0 advise the tlevel- hereby amended to read as fol- oper of mandatory require- readers generally of all classes in the City and County for a definite price Iowa: ments. for each Copy, or a fixed price per annum, which price was fixed at what BOARD OF SUBDIVISION COMMITTEE is considered the value of the publication, based upon the news value ADJUSTMENT § 33.250 Composition; Mem- §33.270 Composition; The Subdivision Mem- and SefVICe VaIUB It Contains, filet at least fifty percent Of the SUI)SCflberS § 33.25 The Board or Adjust- Committee he shall onsisof thereto have paid for their subscriptions to the newspaper or its agents ment shall consist of seven three or more members of the or through recognized news dealers over a period of at least six months members with its members to Planning Commission appoint- and that the said newspaper publishes an average of more than fort be appointed by the City Coun- ed by the Chairman of said PaP P g y cil, each for a term of five commission. percent news matter. years. Appointments shall be staggered. A majority of the TREE AND LANDSCAPE membership of the Board of ADVISORY COMMITTEE Adjustment shall constitute a - quorum. Members of the Board §33.250 composition; Mem- I further certify that the legal notice attached in the matter of of Adjustment may be removed bership. There is hereby cre- from office by the City Council ass eNTree Committee to d known ^ /O for cause upon written charges advisory ee and Landscape (�(�(�� ,/ /'( and atter public hearing. Va- pmed Advisory Cozens of ayene corn- canoes shall be filled by for the posed of citizens of Fayette- / 'tion of the City Council for the ,dile. unexpired term of the member A. The committee shall con- was published in the regular daily issue of said newspaper for affected. dist of at least nine members consecutive insertions as Poll WS: who shall be appointed through ry § 33.251 Proceedings of the regular boards and commit- Board of Adjustment tees appointment procedure. The first Insertion On the J day of 19 Appointees shall include: one A. The Board of Adjustment representative of the business shall adopt rules necessary to community; one representative the second insertion on the day of 19 the conduct of its affairs, and in of a service organization; one — keepingwith the provisions of representative from the land the Unified Development Ordi- development community; one the third insertion on the da Of 19 nance. Meetings shall be held person trained in the field of y at the call of the Chairperson Forestry, landscaping or horti- antl at such other times as the culture; one representative of and the fourth insertion On the da 0f 19 Board of Adjustment may deter. an environmental group fo- y — mine. The Chairperson, or in cused on tree protection; one his absence, the acting Chair- representative of the utility in- person, may administer oaths dustry; one representative from and compel the attendance of the University of Arkansas; two witnesses. All meeting shall be persons at large who are resi- open to the public. dents of the dry of Fayetteville or the best available applicant. Publl r / General Manager B. The Board of Adjustment The Landscape Administrator shall keep minutes of its pro- shall be a nonvoting ex officio ceedings, showing the vote of member. each member upon each ques- B. All appointed members Sworn to and subscribed before me On this day of tion, ke p absent or failing to shall serve romits embersout _--t( 19 vote indicating the fact, and C. The Committee shall shell keep records_oL4is-exemi-. Bled from its members eChair. nations and other official ac- person, who shall serve a one- tions, all of which shall be a year tens and shall be eligible public record and be immedi- for re-election to a subsequent slaty filed in the office Of the term or terms. The committee City Planner. may elect such additional offi- = it m 1 cers and establish any subcom- mittees it deems necessary for § 33.252 Administrative Re- ?` -� ' en Notary Public view, The Board of Adjustment the proper performance of its �` dories. Notary Public, State of Arkansas , shall hear and decided appeals My Commission Expires: r , where it is alleged there is error D. Terms of membership of --r-m the Tree Tree antl Landscape Advi- or ambiguity in any order, re- �' Commission Expires 07J27/031 quirement, decision, interprets- dory Committee snail be fora Y tion, or determination made by period of one year so as to pro- ?c(ccCCCC<cc[<cUcccccccccccc�ccccc the City Planner in the enforce- vide for staggered membership ment of Zoning. Chapters 150- terns. Should a member be un- Fees for Printing .... ..... .. .... ... ........ ..... .... ... ..... ....$ 164 willing or unable to serve the full membership term, the va- Cross Reference: Variances, cancy shall be filled, for the un- Cost of Proof. _... ..... . ... .. ... .... ... .. ..... ... ... . ... .. ... .. ..$ Chapter 156: Appeals, Chapter expired term, by the standard 155 appointment procedure. PLAT REVIEW COMMITTEE § 33.251 Powers and duties. Total. .. ... ... .. ....... .. ... .... ..... .. ... .... ........ .. ... .... ... .... .$ A. The committee shall adopt and amend rules and govern the conduct of it's busi- ness. Such shall be consistent kin ae re domo I the Ar. STATE OF ARKANSAS with the Freedom of I the Ar- tiionsAct, A.C.A. §25-19-101 at .S.S. B. The Committee shall County of Washington hold regular meetings and may call special meetings if noes. nary to carry out its duties. I, RANDALL COPE, hereby certify that I am the publisher of THE C. The Tree and land. NORTHWEST ARKANSAS TIMES, a daily newspaper having a second scape AdvisoryCommittee. in class mailing privilege, and being not less than four pages of five coordination with the Land- scapeAdministrator, shall: columns each, published at a fixed place of business and at fixed (daily) 1. Assist in the dissemination of intervals continuously in the City of Fayetteville, County of Washington, news and information regarding Arkansas for more than a period of twelve months, circulated and the protecal, an ion, maintenance, re- distributed from an established lade of business to subscribers and re- moval, and planting of trees in p the city. readers generally of all classes in the City and County for a definite price 2. Organize and administer an for each copy, or a fixed price per annum, which price was fixed at what ongoing program of public edu- Is Considered the value of the publication, based upon the news Value cation designed to increase P PO public awareness of trees, and and service value it contains, that at least fifty percent of the subscribers their needs ad proper care. thereto haveaid for their subscriptions to the newspaper 3. Advise and consult on issues P P wat l er t its agents pertaining to me tree protection or through recognized news dealers over a period of at least six months ordinance, its administration and that the said newspaper publishes an average of more than forty and enforcement. percent news matter. 4. Study the benefits and prob- lems to determine the needs of the city in the connection with its trees. I further certify that the legal notice attached in the matter of S. Pursue the establishment of a comprehensive Fayetteville ( J/ D ' (7/ Street Tree Plan. 7 BOARD OF SIGN APPEALS / was published in the regular daily issue of said newspaper for §3.3.290 Composition; Mem. consecutive Insertions as tofVS: berehip. The Board of Sign rr Appeals shall hear and decide i appeals where it is alleges _ The first insertion on the day of 19 there is error in any order, re- quirement, decision or interpret ration mthe second Insertion on the day of 19 _ , C in the enforcement of Signs, Chapter 174. §33.291 Powers and oldies. the third insertion on the day of 19 Cross reference: Appeals, Chapter 155; V variances, and the fourth insertion on the day of 19 Chapter 156. §32.292 Conflict of interest. Any member of the Board of Sign appeals who shall have di. rect or indirect interest in any sign or in any decision relating V Publisher General Manager to such sign, which shall be the subject matter of, or affected by, a decision of the Board of Sign Appeals, shall be disquali- SWom t0 and SUbSCfI d before me on this da Of fied from participating in the y discussion, decision or pro- ceeding of the Board of Sign Appeals in connection there. 19 with. PASSED AND APPROVED This 16m day of June, 1996. APPROVED: Iliv owl By: Fred Hanna, Mayor Notary Public, State of Arkansas Notary Public ATTEST My Commission Expire nn i , My Commission Expims 02127/05 ' By: Heather Woodruff, City ceccccacccacceuceeccecacCcc[<cl Clerk Fees for Printing . .. ......... ... ......... ..... ... .. ... ..........$ Costof Proof.... .. . .. .. . .. ... . ... .. . .. ... .. ... ... . .. . .. ... .. . .. ..$ Total. .. ... ......... .. . .. .... .. ... .. ... ....... .. ..... ... .... ... ........$