HomeMy WebLinkAboutOrdinance 4323 ORDINANCE NO. 4323
AN ORDINANCE AMENDING §159.01 A. FEES
BY ADDING LANGUAGE TO ALLOW THE
CITY COUNCIL TO REDUCE OR WAIVE ANY
DEVELOPMENT PERMIT FEES REQUIRED BY
THE UNIFIED DEVELOPMENT ORDINANCE
WHEREAS, the City Council should have the right to reduce or waive
development permit fees in Chapter 159 and elsewhere within the Unified
Development Ordinance when it is in the best interest of the City of Fayetteville
to reduce or waive said fees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That to §159.01 A. Fees of the Unified Development Code of
the City of Fayetteville, Arkansas is added the following language at the end of
current section A.:
" An Alderman may present a resolution to the City Council to waive or
reduce development permit fees otherwise required by this Chapter or elsewhere
within the Unified Development Ordinance. If the reduction or waiver would
serve the public interest, alleviate an unfair burden upon an applicant, or be
beneficial to the City as a whole, the City Council may grant such reduction or
waiver of permit fee."
PASSED and APPROVED this the 191hday of June, 2001 .
b % . APPROVED:
10 `''.N
By: iL
' Ce ! AN COODY, May
ATTEST:
By: Ad& e ✓
Bather Woodruff, City Cle k
NAME OF FILE: Ordinance No. 4323
CROSS REFERENCE:
06/ 19/01 Ordinance No. 4323
05/29/01 Planning Commission Minutes (pp. 26-28)
05/17/01 Planning Division Correspondence (pp. 1 -3)
04/04/01 Planning Division Correspondence (pp. 4)
04/09/01 Planning Commission Minutes (pp. 107- 123)
06/19/01 Staff Review Form
06/21 /01 Departmental Correspondence to Tim Conklin, Planning Director, from
Heather Woodruff, City Clerk
07/11 /01 Proof of Publication
NOTES:
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Planning Commission
May 29, 2001
Page 26
AD 00-46.00: Administrative Item to Amend the Definition of a Family in the UDO.
Estes: The remaining item is item number seven. This is an administrative item to
amend the definition of a family contained in the Unified Development
Ordinance. Mr. Conklin, what background information do you have available for
us as we consider this administrative item?
Conklin: At the April 91" Planning Commission meeting, which was a very long meeting,
the Commission directed staff to bring forward an ordinance that would leave the
number of unrelated individuals at three in single family zoning districts and then
increase the current number which was at three to four in all zoning districts that
allow other than single family homes. That' s what we are bringing forward to
you this evening. On page 7.3 we have a proposed recommended definition and
I ' ll read that at this time.
Family. (Zoning) In single family residential districts, a family is no more than three (3) persons
unless all are related and occupy a dwelling as a single housekeeping unit in the RE (Residential
Estate), RA (Residential Acre Lot), RL (Residential Large Lot), R-1 (Low Density Residential),
and RS (Residential Small Lot) zoning districts. In all other zoning districts where residential
uses are permitted, a family is no more than four (4) persons unless all are related and occupy a
dwelling as a single housekeeping unit. A family is when all persons are related by blood,
marriage, adoption, guardianship or other duly-authorized custodial relationship. The definition
offamily does not include fraternities, sororities, clubs or institutional groups.
Staff is also recommending that we add a definition for single housekeeping unit
as follows:
Single Housekeeping Unit. (Zoning) A dwelling unit with common access to and common use of
all living and eating areas and all areas and facilities for the preparation, serving and storage of
food within the dwelling unit.
Another amendment to the definition of a family is the removal of the provision
for domestic servants. Prior to this recommendation, domestic servants were not counted against
the number of unrelated individuals in a family. Staff is proposing that the domestic servants
provision be eliminated altogether. That is our recommendation. We started out with
subcommittee meetings and went to Planning Commission on April 9" and this will be our
second Planning Commission meeting on this item.
Estes: Tim, does the staff recommendation also include allowing a maximum number of
three unrelated individuals in residential estate, residential acre lot, residential
large lot, low density residential and residential small lot zoning districts and to
Planning Commission
May 29, 2001
Page 27
allow a maximum number of four unrelated individuals in all other districts that
allow residential uses?
Conklin: That is correct. For clarification for the public and Commission, staff is not
changing the number of unrelated individuals that currently exist. The current
number is three. We are expanding that to allow four in multi-family and non
single-family zoning districts. We are actually increasing the number in those
zoning districts where we may have apartment type complexes where you may
have four bedrooms with four individuals living in one dwelling unit and that will
help take care of that situation.
PUBLIC COMMENT:
Estes: Is there any member of the public who would like to comment on this
administrative item 00-46.00 definition of a family?
COMMISSION DISCUSSION:
Estes: Seeing none, I will bring it back to the Commission for discussion, motions.
MOTION:
Marr: I was recalling the minutes from the last meeting and I think this recommendation
is in line with what I recalled and reread through the minutes. I 'll move for
approval of administrative item 00-46.00 as submitted by City staff.
Hoffman : I 'll second with a question for staff just for clarification. Do we have a provision
or do we need a provision in this if we are creating any existing non-conforming
structures that are used presently as sorority houses, as an existing non-
conforming use with a certificate of occupancy, does this in any way affect their
ability to continue to function or will they have to come back to the Planning
Commission to get a conditional use to continue those functions?
Conklin: This ordinance is not changing the situation where you may have that type of use.
We are keeping up to three unrelated individuals in the single family zoning
districts and we are allowing four unrelated individuals in other zoning districts
that allow duplexes, triplexes and apartments. If there is a situation that they are
in violation of the ordinance, of course we would go out and investigate and
request that they cease using that structure in that manner. If that doesn't work,
we would send them over to the City Prosecutor.
Planning Commission
May 29, 2001
Page 28
Hoffman: I think we've got at least four or five of those type with the domestic servants and
there are sororities. Not that I'm advocating that we have a conditional use for
them but I just wondered what their course of action would be.
Conklin: If there is a complaint and they are in violation of our ordinance, they' ll receive a
violation notice.
Hoffman: That answers my question and my second stands.
Conklin: We did receive information from Lindsey apartment communities on what their
current policy is. I would like to read that since they took the effort to get that to
staff today. "Occupancy is limited to no more than two persons per bedroom.
Children under the age of two at the time of the lease or extension or renewal is
executable not be counted toward this limit. Three adults may occupy an
apartment only if related to each other by blood or marriage. Occupancy by more
than three adults is not permitted." Lindsey Management already has in place
similar restrictions on their rental units.
Estes: We have a motion by Commissioner Marr to approve administrative item 00-
46.00 and a second by Commissioner Hoffman, is there any other discussion?
Marr: I wouldjust like to make a comment. I think it's appropriate to thank the 100
hours of committee work, a lot of research and I appreciate the time that they put
into that. The analysis from City staff that we got on town comparisons, I thought
the work was excellent.
Estes: Any further discussion? Would you call the roll please?
ROLL CALL:
Upon roll call AD 00-46.00 is approved by a unanimous vote of 6-0-0 and will be forwarded to
City Council for consideration.
0 •
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Planning Commission
FROM: Shelli Rushing, Associate Planner
THRU: Tim Conklin, City Planner
DATE: May 17, 2001
AD-00:46.00: Administrative Item (Definition of Family) to revise the definition of "family" in the
Unified Development Ordinance in a manner that best preserves the character of single-family
neighborhoods.
BACKGROUND
Two situations prompted the discussion about revising the definition of family:
( 1 ) Staff found that the reference to domestic servants in the definition of family could be used
to circumvent the limit of no more than three unrelated persons occupying a single dwelling
unit.
(2) Staff continues to receive complaints about single family residences containing more than
three unrelated persons and about the perceived side effects, including overcrowded parking on
streets, loud noises, and deteriorating property conditions.
February 1 , 2001
A special subcommittee of the Planning Commission met to discuss changes to the definition of
family with regard to domestic servants. The city attorney summarized the legal aspects of
defining family. In public comment, residents expressed concern over trash, traffic, noise, and
parking. This meeting was a working session and the subcommittee made no motions.
February 15, 2001
The Planning Commission subcommittee met again to discuss the number of unrelated persons
that should be considered a family. The subcommittee briefly discussed the definition of
congregate housing, which is currently addressed through Use Unit 4. A motion was made and
passed, with one abstention, to change the definition of family to "Family is one or more
persons living together in a single dwelling unit, provided that unless all such persons are
related by blood, marriage or adoption, shall not contain over four persons.
FL9USERSIC0MM0AVhe11&S1gff ReporuWD 00-4 Def of FamdyUD 00-4 DefofFamily2.upd
AD-004 Definition of Family
April 19, 2001
Page 2
April 9, 2001
Staff made a recommendation to the Planning Commission to amend the definition of family to
better define what is considered "related", to identify a family as living in a single housekeeping
unit, to remove the section about domestic servants, to consider increasing the maximum
number of unrelated individuals from three to four (as recommended by the special
subcommittee), and to add an exception statement identifying what is not considered a family.
The Planning Commission tabled the decision on the definition of family and asked that staff
revise the definition to allow a maximum of three unrelated individuals in low-density single-
family districts and allow a maximum of four unrelated individuals in all other districts.
RECOMMENDATION
Based on the findings presented in the initial definition of family staff report, the recommendations
made to the planning commission on April 9, 2001 , and the requested revision, staff recommends the
following changes to the definition of family.
1 . Expand the definition of related family members to include adoption, guardianship or
other duly-authorized custodial relationship.
2. Add a statement requiring that all persons are living together as a single housekeeping
unit.
3 . Remove the portion of the definition of family that discusses domestic servants.
4. Allow a maximum number of three unrelated individuals in the RE (Residential Estate),
RA (Residential Acre Lot), RL (Residential Large Lot), R- 1 (Low Density Residential),
and RS (Residential Small Lot) zoning districts and allow a maximum number of four
unrelated individuals in all other districts that allow residential uses.
5 . Add an exception statement to distinguish family from a sorority, fraternity, club or
institutional group.
6. Add the definition of "single housekeeping unit' to the definitions section of the UDO.
H.'I USERSICOMMOMShelliLStaffReporisLl D 00-4 Def of FamilyUD 00-4 DefofFami1y2. upd
AD-004 Definition of Family
April 19, 2001
Page 3
Assuming the recommendations made above, the ordinance would state:
Family. (Zoning) In single family residential districts, a family is no more than three (3)
persons unless all are related and occupy a dwelling as a single housekeeping unit in the RE
(Residential Estate), RA (Residential Acre Lot), RL (Residential Large Lot), R-I (Low Density
Residential), and RS (Residential Small Lot) zoning districts. In all other zoning districts where
residential uses are permitted, a family is no more than four (4) persons unless all are related
and occupy a dwelling as a single housekeeping unit. A family is when all persons are related
by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship.
The definition offamily does not include fraternities, sororities, clubs or institutional groups.
Single Housekeeping Unit. (Zoning) A dwelling unit with common access to and common use
of all living and eating areas and all areas and facilities for the preparation, serving and
storage offood within the dwelling unit.
HAUSE"COMMOAlShellinaj(Reports UD 00-4 Def of FamilyUD 00-4 DefofFamilyl.ivpd
• •
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE "'
Di
l
TO: Tim Conklin, City Planner
FROM: Shelli Rushing, Associate Planner
DATE: April 4, 2001
AD-00:46.00: Administrative Item (Definition of Family) to revise the definition of "family" in the
Unified Development Ordinance in a manner that best preserves the character of single-family
neighborhoods.
BACKGROUND
Two situations prompted the discussion about revising the definition of family:
(1 ) Staff found that the reference to domestic servants in the definition of family could be used
to circumvent the limit of no more than three unrelated persons occupying a single dwelling
unit.
(2) Staff continues to receive complaints about single family residences containing more than
three unrelated persons and about the perceived side effects, including overcrowded parking on
streets, loud noises, and deteriorating property conditions.
February 1 , 2001
A special subcommittee of the Planning Commission met to discuss changes to the definition of
family with regard to domestic servants. The city attorney summarized the legal aspects of
defining family. In public comment, residents expressed concern over trash, traffic, noise, and
parking. This meeting was a working session and the subcommittee made no motions.
February 15, 2001
The Planning Commission subcommittee met again to discuss the number of unrelated persons
that should be considered a family. The subcommittee briefly discussed the definition of
congregate housing, which is currently addressed through Use Unit 4. A motion was made and
passed, with one abstention, to change the definition of family to "Family is one or more
persons living together in a single dwelling unit, provided that unless all such persons are
related by blood, marriage or adoption, shall not contain over four persons.
H:I USERSICOMMONLShellilStaff ReporisW D 00-4 Def of FamilyUD 00-4 DefofFamily.wpd
AD-004 Definition of Family
March 2001
Page 2
ISSUES
Revising the definition of family involves three predominant issues:
1 . Determine whether or not domestic servants should be included in the definition.
2. Establish the most appropriate number of unrelated persons allowed to live in a
single family dwelling unit.
3 . Define what are considered "related persons".
Related issues include parking, noise and trash in rental properties with unrelated persons. A
summary of cities that have started to address these concerns are discussed briefly at the end of
the report.
FINDINGS
Staff gathered definitions of family from 13 cities similar in size to Fayetteville that are home to
a college or university. The following summary of findings discusses the issues identified
above.
1 . Domestic Servants
Including domestic servants in the definition of family is relatively uncommon. Of the
comparison cities, only two, Ithaca, New York and Springfield, Missouri, included a statement
regarding domestic servants not being part of a "family". In early 1998, Athens-Clarke County,
Georgia deleted a provision in the definition that allowed household employees to live in a
residence without being counted among the unrelated people. Staff from Athens-Clarke County
states that the change has eliminated the chance that the limits placed on unrelated persons
living in a single family dwelling unit can be bypassed by claiming renters as domestic servants.
2. Number of Unrelated Persons
A maximum of three or four unrelated persons defined as a family appears to be the leading
trend. In the comparison cities, the number of unrelated persons defined as "family" ranged
from one or more unrelated persons to not more than five unrelated persons. Some ordinances
apply one definition of family to all zoning districts that allow single family uses. Other
ordinances define family by zoning district (see Auburn, AL, Athens, GA, and Lawrence, KS).
In such ordinances, two to three unrelated persons are allowed in more restrictive single-family
zones and four unrelated persons are allowed in all other zones that allow single family uses.
Courts have found that, in establishing a definition of family, cities must look at how unrelated
individuals function together within the housekeeping unit. If in every respect but biological the
unrelated individuals act as a family, they should be considered a family, also termed a
"functional family." The courts have identified three factors that suggest the unrelated
HAUSERWOMMOMSMIRStaff ReportsWD 004 Def of FamilyWD 004 DefotFamily.wpd
AD-004 Definition of Family
March 2001
Page 3
individuals are acting as a functional family:
1 ) a family-like structure of household authority;
2) a stable and integrated housekeeping unit; and
3) does not threaten the preservation of the character of single family areas.
Nine of the 13 comparison cities address the second factor with a statement about the occupants
living as a single housekeeping unit.
This issue also requires a brief discussion about group homes or family homes. These homes
are designed to serve as a residence to help rehabilitate persons with disabilities and usually
have on the premises between six and ten residents and two surrogate parents. City ordinances
may not discriminate against group homes, however may limit the number of individuals to
ensure the character of single family neighborhoods. (Dwight H. Merriam AICD and Robert J .
Sitkowski, AICP, The Seven-Nun Conundrum: Seeking Divine Guidance in the Definition of " Family ", Land Use
Law, June 1999, pg 3 ) (New York State Department of State, Legal Memorandum LU 05: Definition of "Family "
in Zoning Law and Building Codes; The Law of Planning and Zoning). Two of the comparison cities,
Ames, Iowa and Champaign, Illinois, address the issue of group homes within the definition of
family. Other cities define group homes separately.
Five of the 13 comparison cities also include a statement about what is not a family, often
excluding fraternity and sorority houses.
3. Definition of "Related"
Ten of the 13 comparison cities included the "related" term within the definition. These cities
defined related persons as related by blood, marriage, adoption, guardianship or other duly-
authorized custodial relationship.
RECOMMENDATION
Based on these findings, staff recommends the following changes to the definition of family.
1 . Expand the definition of related family members to include adoption, guardianship or
other duly-authorized custodial relationship.
2. Add a statement requiring that all persons are living together as a single housekeeping
unit.
3 . Remove the portion of the definition of family that discusses domestic servants.
4. Consider changing the maximum number of unrelated individuals from three to four, as
recommended by the special subcommittee.
5 . Add an exception statement to distinguish family from a sorority, fraternity, club or
institutional group.
HAUSERWOMMOMSMIRStaff ReponsAD 004 Def of Family\AD 004 DefofFamily.wpd
AD-004 Definition of Family
March 2001
Page 4
Assuming the recommendations made above, the ordinance would be amended as follows:
Family. (Zoning Famely. is defined as bone or more persons occtTying a a ingle
related by blood,i or marriage,O)
adoption, guardianshiti or other duly=authorized custodial-relationshipioceupying a
dwelling as.a !'!single housekeeping unit, or no pore than_ f�fourw(4) unrelated persons
occupying a dwelling as a single housekeeping unit.
(3)
r-..
_ tS)I he
definition offamdy does not includefraternities, sororities clubs or institutional
groups:As revised, the definition of family would state:
Family. (Zoning) Family is defined as one or more persons related by blood, marriage,
adoption, guardianship or other duly-authorized custodial relationship occupying a
dwelling as a single housekeeping unit, or no more than four unrelated persons
occupying a dwelling as a single housekeeping unit. The definition of family does not
include fraternities, sororities, clubs or institutional groups.
H:\USERS\COMMOMShelli\Staff Reports\AD 004 Def of FarnilyWD 004 Defoffamily.wpd