HomeMy WebLinkAboutOrdinance 4100 i
ORDINANCE NO. 41 n n
AN ORDINANCE DELETING TITLE 15, LAND USAGE;
CHAPTER 118: SEXUALLY ORIENTED BUSINESS; AND
SECTIONS 98.01 , 98.02, 98.06 AND 98. 12 THROUGH 98.99;
STREETS AND SIDEWALKS; OF THE CODE OF
FAYETTEVILLE; AND ADOPTING THE UNIFIED
DEVELOPMENT ORDINANCE.
WHEREAS, A.C.A.§ 14-55-207 authorizes a municipality to adopt by reference technical
codes and regulations without setting forth the provisions of the code; and,
WHEREAS, three copies thereof are filed in the office of the City Clerk for inspection and
view by the public prior to the passage of said ordinance; and,
WHEREAS, notice the public by publication in a paper of general circulation within
Fayetteville has been given stating that the copies of the Unified Development Ordinance are open
to public inspection prior to the passage of this ordinance adopting said code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1 . That Title 15, Land Usage; Chapter 118, Sexually Oriented Business; and
Sections 98.01 , 98.02, 98.06, and 98. 12 through 98.99; Streets and Sidewalks, of the Code of
Fayetteville are hereby deleted.
Section 2. That the Unified Development Ordinance attached hereto as Exhibit "A" and
made a part hereof is hereby adopted by reference.
Section 3. Said Unified Development Ordinance shall be codified in substantially the
same form as shown in the attached Exhibit "A".
PASSED AND APPROVED this 16th day of .Tune , 1998.
APPROVED:
By: /Wjhoro��
Fled Hanna, Mayor
ATTEST:
By: : „ _
Heather Woodruff, City C erk ='?:'> :�=+-� 1�t. .•
;*2. .
�bprd .
MICROIFILWE
STATE OF ARKANSAS I
SS.
County of Washington
ORDINANCE NO. 4M I, RANDALL COPE, hereby certify that I am the publisher of THE
AN ORDINANCE DELETING NORTHWEST ARKANSAS TIMES, a daily newspaper having a second
TITLE 15, LAND USAGE; class mailing privilege, and being not less than four pages of five
CHAPTER 118: SEXUALLY columns each, published at a fixed place of business and at fixed (daily)
ORIENTED BUSINESS; AND
SECTIONS 98.01 , 98.02, 98.06 intervals continuously in the City of Fayetteville, County of Washington,
AND 98.12 THROUGH 98.99; Arkansas for more than a period Of twelve months, Circulated and
STREETS AND SIDEWALKS;
OF THE CODE OF FAYETTE- distributed from an established place Of business to subscribers and
VILLE: AND ADOPTING THE readers generally of all classes in the City and County for a definite price
UNIFIED DEVELOPMENT OR-
DINANCE. for each copy, or a fixed price per annum, which price was fixed at what
is considered the value of the publication, based upon the news value
authorizes a municipallityity tto
WHEREAS, A.C.A. §14and service value it contains, that at least fiftypercent of the subscribers
o
adopt by reference technical thereto have paid for their subscriptions to the newspaper or its agents
codes and regulation without over a
setting forth the provisions of or through recognized news dealers period of at least six months
the code; and, and that the said newspaper publishes an average of more than forty
WHEREAS, three copies there-
percent news matter.
of are filed in the office of the
City Clerk for inspection and
view by the publicdi to the
passage of said ordinance; I further Ify that the legal notice attached in the matter of
WHEREAS, notice the public
by publication in a paper of I
general circulation within Fayet- wasre ublished in the regular daily issue of said r for
teville has been given stating P g y newspaper
that the copies of the Unified consecutive insertions as fo IOwS:
Development Ordinance are ('�
open to public inspection prior X
to the passage of this ordi-
nance
The first insertion on the day of 19
adopting said code.
NOW, THEREFORE, BE IT the second insertion on the day of 19
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF the third insertion on the
FAYETTEVILLE, ARKANSAS: day Of 19
Section 1 That Title 15, Land and the fourth insertion on the day of 19
Usage; Chapter 118, Sexually
Oriented Business; and Sec-
tions 98.01 , 98.02, 98.06, and
98. 12 through 98.99; Streets
and Sidewalks, of the Code of
Fayetteville are hereby deleted. Pub1 a General7ManagerSection 2. That the Unified De-
velopment Ordinance attachedhereto a Exhibit `re antl madeSwom to and subscribed before me on this /a pan hereof is hereby adopted
by reference. M /'}
Section 3. Said Unified Devel- J " ' � 19
opment Ordinance shall be co-
dified in substantially the same
form as shown in the attached
Exhibit "A".
PASSED AND APPROVED1l; awl�� r Notary Public
this 16th day of June, 1998. >r Notary Public, State of Arkansas ,
My Commission Expire: - ,
APPROVED:
), MV Commission Expires 02/27/05 '
By: Fred Hanna, MayorC(<C(CCtt[C(CX�1
ATTEST: Fees for Printing ... . ....... ....... ..... ... . .... . ... ... .. ... ....$ U I . L ( J
By; Heather Woodruff, City . .............. .. ....... ..... ..... ... ............ ... .$
Clerk Cost of Proof
Total.... ........ .. .... .. . .. ......... ... .. .... ... ..... ..... ... ... ......$
1 MICROIFILMED
1 C
�zaG 4// 00
1
1
TITLE XV :
UNIFIED
DEVELOPMENT
ORDINANCE
f
' Passed and Approved : Ordinance No. 4100
June 16, 1998
1
Taylle ®f Conteimt ADMINISTRATIVE REGULATIONS
16F11'
ZONING
EVELOPMENT
1
REE PROTECTION AND PRESERVATION
1 ,
�-
FLOOD DAMAGE PREVENTION CODE
' HYSICAL ALTERATION OF LAND
•
TORMATER MANAGEMENT, DRAINAGE
EROWSION CONTROL
TREETS AND SIDEWALKS
•
' ARKING AND LOADING
UILDING REGULATIONS & INSPECTIONS
IGNS
' OBILE HOMES
INDEX
®AIfVPBV READY INDEX' INDEXING SYSTEM
1
TITLE XV:
UNIFIED DEVELOPMENT ORDINANCE
(DIVIDER 1 : ADMINISTRATIVE REGULATIONS]
CHAPTER 150: General Provisions Page I § 155.07 Appeals from Board of Sign
Appeals
§ 150.01 Title § 155.08 Appeals to the Housing Board
§ 150.02 Purpose
' § 150.03 Authority CHAPTER 156: Variances Page 44
§ 150.04 Jurisdiction
§ 150.05 Relationship to Previous § 156.01 General Requirements
Development Ordinances § 156.02 Zoning Regulations
'
§ 150.06 Relationship to Other § 156.03 Development
Provisions of the Code of § 156.04 Stormwater, Drainage and
Fayetteville Erosion Control
§ 150.07 Conflicts § 156.05 Sign Regulations
§ 150.08 Rules of Construction § 156.06 Airport Zone
§ 150.09 Headings/Catchlinesof
Sections CHAPTER 157: Notifications and Public Hearings
§ 150. 10 No Warranty Implied Page 53
§ 150. 11 Compliance § 157.01 General Requirements/
§ 150. 12 Penalty Information
§ 150. 13 Severability § 157.02 Development
§ 157.03 Zoning
' CHAPTER 151 : Definitions Page 6 § 157.04 Conditional Uses
§ 157.05 Vacation of Streets, Alleys,
CHAPTER 152: Administration Page 30 Rights-of-Way and Easements
§ 157.06 Appeals of Staff Decisions/
' CHAPTER 153: Enforcement Page 31 Interpretations
§ 157.07 Mobile Homes and Mobile
§ 153.01 Complaints Home Parks
§ 153.02 Right of Entry and
' Inspection CHAPTER 158: Bonds and Guarantees Page 59
§ 153.03 Liability
§ 153.04 Notice of Violation § 158.01 Guarantees in Lieu of Installed
' § 153.05 Emergencies Improvements
§ 153.06 Remedial Work § 158.02 Excavation in Public Rights-of-
§ 153.07 Stop Work Order Way
§ 153.08 Miscellaneous Remedies § 158.03 Maintenance
' § 153.09 Appeals - § 158.04 Grading
§ 153. 10 Penalty § 158.05 Off Site Improvement/Delays
§ 158.06 Sidewalks
CHAPTER 154: Amendment Page 37
t CHAPTER 159: Fees Page 62
§ 154.01 CityCouncil
§ 154.02 Planning Commission § 159.01 Fees/Schedule
§ 154.03 Private Parties/Zoning
' Amendment
CHAPTER 155: Appeals Page 40
'
§ 155.01 Circuit Court
§ 155.02 Form/Time/Place
§ 155.03 Stay
§ 155.04 Alderman Appeal on Behalf
' of Resident
§ 155.05 Appeals from Planning
Commission Decisions
§ 155.06 Appeals from Staff
' Interpretations/Actions
TITLE XV :
UNIFIED DEVELOPMENT ORDINANCE
' CHAPTER 150 :
GENERAL PROVISIONS
' §150.01 TITLE. This title shall be known Art. 1 , §A; Ord. No. 1750, 7-6-70; Code 1991 ,
and may be cited as the Unified Development § 158.02; Code 1965, § 17B-14; Ord. No. 1893,
Ordinance, Code of Fayetteville, and may be 12-19-72; Code 1991 , § 160.001 ; Code 1965,
' cited and abbreviated as "UDO." App. A, Art. 13 ; Ord. No. 1747, 6-29-
70)(Code 1991 , 158.02; Code 1965 § 17B- 14;
§150.02 PURPOSE. The UDO is adopted Ord. No. 1893 , 12- 19-72)
' for the purpose of implementing the General
Plan and any other plans or policies adopted §150.03 AUTHORITY. The provisions
or amended by the City Council, in a manner contained in the UDO are adopted pursuant to
' that furthers the health, safety and general the authority conferred on the City by the
welfare of the people of the community and to General Assembly of the State of Arkansas
provide uniform standards for the A.C.A. § 14-54-103, General Powers of Cities
' development of land and the installation of and Towns; A.C.A. § 14-54- 104, Additional
related improvements. The UDO sets forth Powers of Cities of the First Class; and
the procedures, requirements and minimum A.C.A. Title 14, Chapter 56, Municipal
' standards intended to promote an appropriate Building and Zoning Regulations - Planning;
mix of land uses in an orderly manner, as amended.
enhance aesthetic quality, moderate street
' congestion, secure safety from events such as (Code 1991 , § 159.02; Code 1965, App. C,
fire, flood, erosion and landslides, prevent Art. I, §B; Ord. No. 1750, 7-6-70)
overcrowding of land, provide adequate light
' and air, and provide for circulation, recreation, §150.04 JURISDICTION. The City's
and other public services and facilities. The planning jurisdiction is the area within the
UDO provides for, but is not limited to, corporate boundaries as well as the area
' development of land uses which protect described in the planning area boundary
established neighborhoods, and commercial description as filed with the City Clerk and
and industrial districts; allows compatible Washington County Circuit Clerk's office.
' infill of established areas; provides flexibility Such planning area boundary description may
for mixing of uses to achieve traditional be modified from time to time in accordance
neighborhood developments; protects with A.C.A. § 14-56-413 .
significant environmental resources; and
makes a livable community. (Code 1991 ,§ 159.03; Ord. No.3895,§ 1 ,6-
20-95 ; Code 1991 ,§ 163 .04(A); Code 1965,
(Code 1991 , § 159.01 ; Code 19f :,, App. C. App. C, Art. I, §C; Ord. No. 1750, 7-6-70)
' - 1 -
1
§150.05 RELATIONSHIP TO PRE- another section of the UDO, the most stringent '
VIOUS DEVELOPMENT ORDINANCES, section shall apply.
The UDO shall be considered a restatement of '
previously adopted development ordinances C. UDO/General Plan . The
and not a new enactment unless otherwise regulations contained herein are adopted
specifically provided. Any situation which giving due consideration to the General Plan. ,
was considered nonconforming under the Thus, the requirements of the UDO shall take
ordinances previously in force does not precedence over the policies of the General
achieve lawful, conforming status under this Plan. Any conflict therewith should not be '
chapter merely by the repeal of the previous considered basis for challenge.
ordinances to enact the UDO. '
D. UDO/Private Agreements. The
UDO is not intended to abrogate any private
§150.06 RELATIONSHIP TO OTHER agreements: deed restrictions, covenants, '
PROVISIONS OF THE CODE OF easements or other private agreements, on the
FAYETTEVILLE. The use of buildings use of land. Where the UDO is more
and land shall be subject to all other restrictive or imposes higher standards than '
applicable provisions of the Code of the private agreement, the UDO shall control.
Fayetteville regardless of cross references Where the provisions of a private agreement
within the LIDO. Cross references to other are more restrictive or impose higher '
provisions of the Code of Fayetteville are for standards than the LIDO, the provisions of the
the convenience of the reader. Lack of a cross UDO shall be implemented and enforced by
reference shall not be construed as an the City and the private restrictions shall be '
indication that other provisions of the Code of implemented and enforced under the terms of
Fayetteville do not apply. the private agreement. Private agreements
shall not be enforced by the City. '
§150.07 CONFLICTS. E. A.C.A. Amendments. Whenever
any provision of the UDO refers to or cites a '
A. UDO/Other Code Requirements. section of the Arkansas Code Annotated
The provisions of the UDO shall be held to be ("A.C.A.") which is later amended or
minimum requirements. Where requirements superseded, the UDO shall be deemed '
of the UDO are at variance with other amended or superseded in accordance
requirements within the Code of Fayetteville, therewith.
the highest or most restrictive requirement ,
shall apply. (Code 1991 , § 150. 11 ; Code 1965, App. B,
§XII; Ord. No. 2697, 1-20-81); (Code 1991 ,
(Code 1991 , § 162. 12; Ord. No. 3699, § 13, 4- § 158.02; Code 1965, § 1713-14; Ord. No. 1893, '
20-93; Code 1991 , §158.02; Code 1965, § 17- 12-19-72)
B- 14; Ord. No. 1893, 12-19-72; Code 1991 ,
§ 160.001 ; Code 1965, App. A, Art. 13 ; Ord. '
No. 1 = 7, 6-29-70) §150.08 RULES OF CONSTRUCTION.
In the construction of the UDO, the following
UDO/UDO. Where a conflict rules shall be observed, unless the context '
ari ; :een one section of the UDO and clearly indicates otherwise.
-2 '
1
' A. City. The words `the City" I. Owner. The word "owner,"
or "this City" shall be construed as if the applied to a building or land, shall include any
' words ` of Fayetteville" followed it and part owner, joint owner, tenant in common,
include its several officers, agents and tenant in partnership, joint tenant, or tenant by
employees. the entirety, of the whole or of a part of such
' B. City Council. Whenever building or land.
the words "City Council" are used, they shall J. State. The words "the
' be construed to mean "City Council of the State" shall be construed to mean the "State of
City of Fayetteville". Arkansas".
' C. Computation of Time. K. Time. Words used in the
Whenever a notice is required to be given or present or past tense include the future as well
an act to be done, or in computing a certain as the present and past.
' length oftinne before any proceeding shall be
had, the day on which such notice is given, or
such act is done, shall not be counted in §150.09 HEADINGS/CATCHLINES OF
' computing the time. But the day of which SECTIONS. Headings and/or catchlines of
such procetffmg is to be had shall be counted. the several sections of the UDO are intended
as mere catchwords to indicate the contents of
' D. County. The words "the the section and are provided for the
County" yr "this County" shall mean the convenience of the reader. Headings and/or
"County of Washington". catchlines shall not be deemed or taken to be
' the titles of such sections, nor as any part of
E. Gender. A word importing the section. Nor, unless expressly so proved,
the masculine gender only shall extend and be shall they be so deemed when any of such
' applied to females and to firms, partnerships sections, including the catchlines, are
and corporations as well as to males. amended or reenacted.
' F Number. A word importing
the singular number only may extend and be §150.10 NO WARRANTY IMPLIED.
applied to several persons and things as well Nothing contained herein shall be construed or
' as to one person and thing. interpreted to constitute a warranty by the City
of the compliance of any person or persons
' G. Oath. The word "oath" with the provisions of the UDO. No word,
shall be comstzued to include an affirmation in phrase, or paragraph contained herein shall be
all cases invAfich, by -law, an affirmation may interpreted or construed to waive that tort
' be substituted for an oath, and in such cases immunity as set forth under Arkansas law.
the words "swear" and "sworn" shall be
equivalent 'to the words "affirm" and (Code 1991 , § 163. 11 ; Ord. No. 3895, §6-20-
"affirmed". 95)
H. Or/ And. "Or" maybe §150.11 COMPLIANCE. Any parmit,
' read "and:' and "and" may be read "or" if the certifica etc., which is issued in comp.lance
sense requires it. with th , egulations set forth in this L' •O, is
_ -3.
issued only for the stated purpose. No other RESERVED '
use, arrangement, construction, etc. is
authorized. Any use at variance therewith '
shall be deemed a violation of this UDO.
(Code 1991 , § 160. 194; Code 1965, App. A, '
Art. 9(5); Ord. No. 1747, 6-29-70; Code
19915 § 159. 10; Code 1965 , App. C, Art. II;
Ord. No. 1750, 7-6-70) '
§150.12 PENALTY. '
Cross Reference: Enforcement, § 153 . 10;
General Penalty, § 10.99. '
§150.13 SEVERABILITY. If any section, '
paragraph, clause or part of the UDO is for
any reason invalid, such decision shall not
affect the validity of the remaining provisions '
of the UDO and the application of those
provisions to any person or circumstances
shall not be affected thereby. '
(Code 1991 , § 159.69) '
4 '
CHAPTER 151 :
DEFINITIONS '
Definitions. For the purpose of Title displayed are distinguished or characterized '
XV: Unified Development Ordinance, the by the depicting or describing of "specified
following definitions shall apply to the divider sexual activities" or "specified anatomical
sections, chapters, sections or subsections, areas
unless the context clearly indicates or requires
a different meaning. Adult Bookstore or Adult Video
Store. (Zoning) A commercial establishment '
Accessory Community Structures, whose principal business purpose is to offer
(Mobile Homes and Parks Opened or for sale or rental for any form of consideration
Expanded after 4-20-72) A structure or a any one or more of the following: Books, '
portion of a structure for commercial use that magazines, periodicals or other printed matter,
is located in a mobile home park and which is or photographs, films, motion pictures, video
intended solely for the convenience of the cassettes, or video reproductions, slides or ,
residents or occupants of the mobile home other visual representations which depict or
park. describe "specified sexual activities" or
Accessory Structures. (Mobile "specified anatomical areas". '
Homes and Parks Opened or Expanded after
4-20-72) Any structural addition to the Adult Cabaret. (Zoning) A
mobile home such as awnings, cabanas, nightclub, bar, restaurant, or similar '
carports, Florida rooms, porches, patio covers, commercial establishment which regularly
and similar additions. features:
Accessory Use or Structure. A. Persons who appear in a state of ,
(Zoning Regulations) A use or structure on nudity; or '
the same lot with, and of a nature customarily B . Live performances which are
incidental and subordinate to, the principal use characterized by the exposing of "specified
or structure. sexual activities" or "specified anatomical '
areas'; or
Active Open Space. (Development) C. Films, motion pictures, video
An area intended for rigorous activity such as cassettes, slides or other photographic ,
tennis, baseball, badminton, and other games reproductions which are characterized by the
requiring physical exertion. depiction of "specified sexual activities' or
"specified anatomical areas". '
Adult Arcade. (Zoning) Any place
to which the public is permitted or invited Adult Motion Picture Theater.
wherein coin-operated or slug-operated or (Zoning) A commercial establishment where, '
electronically, electrically, or mechanically for any form of consideration, films, motion
controlled image producing devices are pictures, video cassettes, slides, or similar
maintained to show images to five .or fewer photographic reproductions are regularly '
viewras at one time, and where the ii;•ages so shown, excluding those which are rated by the
6 '
' Motion Picture Association of America, which residential subdivision, apartment complex,
emphasize "specified sexual activities". industrial park, mobile home park, or
' shopping center, located at the entrance or
Adult Theaters. (Zonings) A theater, entrances of the area, and consisting of fence
concert hall, auditorium, or similar or wall or archway with letters or symbols
' commercial establishment, which regularly affixed thereto.
features persons who appear in a state of
nudity or live performances which are As-Graded (Physical Alteration of
' characterized by the exposure of "specified Land). The surface condition on completion
sexual activities" or "specified anatomical of grading.
areas".
' Banner. (Signs) Any sign printed or
Airport. ( Airport Zone) Fayetteville displayed upon cloth or other flexible
Airport. material, with or without frames.
Airport Elevation. (Airport Zone) Base Flood. (Stormwater
One thousand two hundred fifty-one feet Management, Drainage and Erosion Control)
' above mean sea level. The flood having a 1 % chance of being
equalled or exceeded in any given year, also
Alley. (Development) A minor public referred to as the 100 year storm event.
' way dedicated to public use for utility
easements and vehicle access to the back or Beacon. (Signs) A stationary or
the side of properties abutting a street. revolving light which flashes or projects
' illumination, single color or multicolored, in
Approach Surface. (Airport Zone) A any manner which is intended to attract or
surface longitudinally centered on the divert attention; except, however, this term is
extended runway centerline, extending not intended to include any kind of lighting
outward and upward from the end of the device which is required or necessary under
primary surface and at the same slope as the the safety regulations described by the Federal
approach zone height limitation slope. In a Aviation Agency or similar agencies.
plane the perimeter of the approach surface
coincides with the perimeter of the approach. Bed and Breakfast Facility.
(Zoning) A permanently owner occupied
Approach, Transitional, Horizontal private home with a maximum of five guest
' and Conical Zones. (Airport Zone) Those rooms furnishing temporary lodging and
zones as set forth in § 165 .01 . breakfast to paying customers.
' Approval. (Physical Alteration of Board of Adjustment. (Airport Zone)
Land) A written authorization by the City The Board of Adjustment established by
Engineer. Chapter 33.
' Area Identification Sign. (Signs) A Buildable Area. (Zoning) The
sign to identify a common area containing a portion of a lot remaining after required yards
group of structures, or a single structure on a hwe been reserved.
' minimum site of five acres, such as a
7
Building Official. (Building City Official, (Streets and Sidewalks)
Regulations) A city building inspector. The Mayor (or other official designated by the
Building Permit. (Mobile Homes and Mayor and authorized to issue the permits
Parks)(Mobile Homes and Parks Opened or granted hereunder) of the City.
Expanded After 4-20-72) A written permit '
issued by the enforcement officer permitting City Planning Commission. (Mobile
construction, erection, alteration, remodeling, Homes and Parks) (Mobile Homes and Parks ,
or repair of a mobile home park. Opened or Expanded After 4-20-72) That .
Commission created for the City by Chapter
Bulletin Board. (Signs) Any sign 33 . ,
erected by a charitable, educational or
religious institution or a public body, which is Club or Lodge. (Zoning) A building
erected upon the same property as said or portion of a building used by an association '
institution, for purposes of announcing events for the promotion of some common objective
which are held on the premises. excepting clubs the chief activity of which is
a service customarily carried on as a business. ,
Chief Administrator. (Building
Regulations) Mayor of the City of Collector Street, (Streets and
Fayetteville. Sidewalks) A street which in addition to '
serving abutting properties, intercepts minor
Chief Appointing Authority. streets, connects with community facilities
(Building Regulations) The City Council. and carries neighborhood traffic to the major ,
arterial street system.
Chief Building Official. (Building
Regulations) Inspection Division Director. Commercial Development. (Tree '
Protection and Preservation) Any
City. (Stormwater Management, development in an R-0, commercial or
Drainage and Erosion Control) The City of industrial zone and any conditional use in any
Fayetteville, including staff and elected other zone which permits activities usually
officials, or designee. conducted within an R-0, commercial or
industrial zone. '
City Engineer. (Stormwater
Management, Drainage and Erosion Control) Commercial Driveway. (Streets and
The City Engineer or his appointed Sidewalks) An entrance on public property '
representatives, including assigned staff or exit from any commercial, business, or
engineers, technicians and inspectors. public establishment adjacent to a public street
or highway. '
City of Fayetteville Landscape
Manual. (Tree Protection and Preservation) Co.nmercial Tree Pruner/Service.
A document having detailed instructions for (Tree Protection and Preservation) A person '
preparing tree preservation plans . and who performs work on trees for profit.
standards and specifications for tee
protection, planting, maintenance, and design, . C( :munity Storage Structure. '
(Mobile Omes and Parks Opened or
-8-