HomeMy WebLinkAboutOrdinance 4409 _ _0
ORDINANCE NO, 4409
AN ORDINANCE ADDING A DEFINITION OF "OUTDOOR
MUSIC ESTABLISHMENT" TO CHAPTER 151 DEFINITIONS
OF THE UNIFIED DEVELOPMENT ORDINANCE AND ADDING
§163.30 TO THE UNIFIED DEVELOPMENT ORDINANCE TO
MAKE AN OUTDOOR MUSIC ESTABLISHMENT A CONDITIONAL
USE IN SPECIFIED ZONING DISTRICTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas
hereby adds the following definition of Outdoor Music Establishment to the
Definitions Chapter (155) of the Unified Development Ordinance:
"Outdoor Music Establishment. Any business or
establishment that has a garden, patio, rooftop or
premises not wholly enclosed by solid walls and
fully roofed in which amplified or loud music is
played that could be audible at nearby residences
or businesses."
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby adds §163.30 to the Unified Development Ordinance making Outdoor
Music Establishments a Conditional Use where allowed :
"§163.30 Outdoor Music Establishments.
Outdoor Music Establishments operating during May or June of 2002 may
continue to operate at the same location without this conditional use even if the
ownership or name of the outdoor music establishment changes in the future as
long as the establishment does not terminate its outdoor music for twelve
consecutive months or longer. All other outdoor music establishments shall not
be allowed in any zoAing district except C-1, C-2, C-3 and C-4, where they may
be allowed as conditional uses subject to the following additional conditions:
A. Site Plan. A site plan showing the proposed location and size
of the outdoor music area; location and direction of speakers; noise absorbing
walls, structures or devices; proposed days and hours of operation of the
• Ord . 4409
outdoor music area; and measures proposed to lessen or eliminate any adverse
affects upon nearby residences and businesses.
B. Planning Commission Review. In addition to all normal
considerations for a conditional use, the Planning Commission may require noise
reducing measures and structures be incorporated into an outdoor music area,
may limit the size, power, number and direction of speakers, and may limit the
hours of outdoor music generation from the establishment.
C. Fayetteville Noise Ordinance Violation. If the establishment
or any band or person operating at such establishment is convicted of violating
the Fayetteville Noise Ordinance (§96.04 of the Code of Fayetteville), such
violation may constitute grounds for revocation of this Conditional Use to
operate an Outdoor Music Establishment.
PASSED and APPROVED this 61h day of August, 2002.
APPROVED:
By:
# 3 DAN COODY, May r
♦�
tl ,ra
By:
eather Woodruff, City C
NAME OF FILE: Ordinance No. 4409
CROSS REFERENCE:
Item # Date Document
1 08/06/02 jordinance No. 4409
2 07/02/02 IStaff Review Form
08/08/02 Memo to Don Marr, Alderman Ward 2, from Heather
3 Woodruff, City Clerk
4 08/09/02 IRevised Ord. 4409 from city attorney's office
5 11/13/02 lAffidavit of Publication
6 11 /20/02 Icopy of Affidavit of Publication for revised Ord. 4409
(original affidavit in microfiche for filming)
NOTES:
ORDINANCE NO, 4409
N ORDINANCE ADDING A DEFINITION OF "OUTD OR '
USIC ESTABLISHMENT" TO CHAPTER 151 DEFINITIONS
O UNIFIED DEVELOPMENT ORDINANCE AAI41) ADDING
§163. 0 TO THE UNIFIED DEVELOPMENT ORDINAANCE TO
MA N OUTDOOR MUSIC ESTABLISHMEN A CONDITIONAL
USE IN ECIFIED ZONING DISTRICTS
BE IT ORDAI D BY THE CITY COUNCI OF THE CITY OF
FAYETTEVILLE, AR NSAS:
Section 1 . That th City Council oft City of Fayetteville, Arkansas
hereby adds the following de nition of Outd or Music Establishment to the
Definitions Chapter (155) oft Unified De elopment Ordinance:
"Outdoor Music Est blish ent. Any business or
establishment that has g den, patio, rooftop or
premises not wholly en sed by solid walls and
fully roofed in which a ified or loud music is
played that could be a dib at nearby residences
or businesses."
Section 2. That the Ci Council of e City of Fayetteville, Arkansas
hereby adds §163.30 to the U ed Developme t Ordinance making Outdoor
Music Establishments a Con 'onal Use where Ilowed:
"§163.30 O door Music Establish ents.
Outdoor Music tablishments operating duri g May or June of 2002 may
continue to operate at a same location without this c ditional use even if the
ownership or name the outdoor music establishment anges in the future as
long as the establishment does not terminate its outdoor usic for twelve
consecutive months or longer. All other outdoor music est lishments shall not
be allowed in any zoning district except C-1, C-2, C-3 and C where they may
be allowed as conditional uses subject to the following addition 1 conditions: ;
A. Site Plan. A site plan showing the proposed location and size
of the outdoor music area; location and direction of speakers; noise absorbing
walls, structures or devices; proposed days and hours of operation of the
• • Ord .. 4409
outdoor usic
area; and measures proposed to lessen or Zsionmay
ny adverse
affects upo nearby residences and businesses.
. Planning Commission Review. In addinormal
considerations fo conditional use, the Planning Co require noise
reducing measures d structures be incorporated into n outdoor music area,
may limit the size, po r, number and direction of s akers, and may limit the
hours of outdoor music neration from the establi Cent.
C. Fayetteville oise Ordinance iolation. If the establishment
or any band or person operating t such estab shment is convicted of violating
the Fayetteville Noise Ordinance ( 6.04 of e Code of Fayetteville), such
violation may constitute grounds for vo ation of this Conditional Use to
operate an Outdoor Music Establishme 1
D. a Entert nmen istrict. s p icy i
to encoura outdoor usic est blis ison S et fro Bloc Aven e to _N i
Arkansas enue an o ven e m Spnn to afayett Stre t as to a
such establ ' ar reasona y 0p ble u7ith a o ing n t
PASSED and APPRO ED this 6thday of Augu 2002.
APPROVE
By: �;A - I
DAN COODY, or
d T
J T .
ATTEST:;
e
4130:
} , L
Bather. Wilo ruff, City Crk
• STAFF REVIEW FORM •
_X_ AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
FOR: COUNCIL MEETING OF July 2, 2002 MAYOR'S APPROVAL
FROM:
Don MarrAlderman
,n
Name k /��� _ Division Department n ,
ACTION REQUIRED: An Ordinance Adding a Definition of "Outdoor Music Establishment" lNd�4110
to Chapter 151 Definitions of the Unified Development Ordinance and Adding §1.631 to the
Unified Development Ordinance to Make an Outdoor Music Establishment a Conditional Use 63 30
in Specified Zoning Districts
COST TO CITY:
Cost of this Request Category/Project Budget Category/Project Name
Account Number Funds Used to Date Program Name
Project Number RemaGting Balance Fund
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
n g Man r Dto Internal Auditor Date
ityAttorney I Date ADA Coordinator Date
Purchasing Officer Date
STAFF RECOMMENDATION:
CROSS REFERENCE
Division Head Date
New Item: Yes No
Department Director Date
Previous Ordinance/Resolution No.:
Administrative Services Director Date
Mayor Date
• •
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ORDINANCE NO,
AN ORDINANCE ADDING A DEFINITION OF "OUTDOOR
MUSIC ESTABLISHMENT" TO CHAPTER 151 DEFINITIONS
OF THE UNIFIED DEVELOPMENT ORDINANCE AND ADDING
§163.29 TO THE UNIFIED DEVELOPMENT ORDINANCE TO
MAKE AN OUTDOOR MUSIC ESTABLISHMENT A CONDITIONAL
USE IN SPECIFIED ZONING DISTRICTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas
hereby adds the following definition of Outdoor Music Establishment to the
Definitions Chapter (155) of the Unified Development Ordinance:
"Outdoor Music Establishment. Any business or
establishment that has a garden, patio, rooftop or
premises not wholly enclosed by solid walls and
fully roofed in which amplified or loud music is
played that could be audible at nearby residences
or businesses."
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby adds §163.29 to the Unified Development Ordinance making Outdoor
Music Establishments a Conditional Use where allowed:
"§163.29 Outdoor Music Establishments.
Outdoor Music Establishments shall not be allowed in any zoning district
except C-2, C-3 and C4, where they may be allowed as conditional uses subject
to the following additional conditions:
A. Site Plan. A site plan showing the proposed location and size
of the outdoor music area; location and direction of speakers; noise absorbing
walls, structures or devices; proposed days and hours of operation of the
outdoor music area; and measures proposed to lessen or eliminate any adverse
affects upon nearby residences and businesses.
B. Planning Commission Review. In addition to all normal
considerations for a conditional use, the Planning Commission may require noise
reducing measures and structures be incorporated into an outdoor music area,
may limit the size, power, number and direction of speakers, and may limit the
hours of outdoor music generation from the establishment.
C. Bond. The Planning Commission may require the owner or
operator of the outdoor music establishment to post a bond up to $1,000.00
which would be forfeited if the establishment or any band or person operating at
such establishment is convicted of violating the Fayetteville Noise Ordinance.
(§96.04 of the Code of Fayetteville)."
PASSED and APPROVED this 2nd day of July, 2002.
APPROVED:
By:
DAN GOODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
FAYETTEVILE
THE CITY OF FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Don Marr, Alderman Ward 2
From: Heather Woodruff, City Clerk
Date: August 8, 2002
Please find attached a copy of Ordinance No. 4409 adding a definition of "Outdoor Music
Establishment" to Chapter 151 Definitions of the Unified Development Ordinance and adding
§ 163.30 to the Unified Development Ordinance to make an outdoor music establishment a
conditional use in specified zoning districts. The original will be microfilmed and filed with the
City Clerk
cc: Nancy Smith, Internal Audit
Clarice Buffalohead-Pearman, Codifier
Tim Helder, Police Department
NORTHVAST ARKANSAS ADITION
Ar as Demomt VOiazette
MI CIROFE LFAED
AFFIDAVIT OF PUBLICATION
I, , do solemnly swear that I am
Legal 'Clerk of the Arkansas Democrat-Gazette newspaper, printed and
published in Lowell , Arkansas, and that from my own personal knowledge
and reference
/to the files of said publication , the advertisement of:
0 d . °Y 9 was inserted in the regular editions on
* Publication Charge : $
Subscribed and swom to before me this
day of Nov.V
20 ORDINANCE NO. aaoe
AN ORDINANCE ADDING A DEFINITIONOF 'OUTDOOR
MUSIC ESTABUSHIMENr TO CHAPTER 151 DERNn10NS OF
THE UNIFlED DEVELOPMENT E ORDINANCE AND ADDING
6163.3QEUNT E THE UNIFIED DEVELOPMENT ORDINANCE TO
MATO: AN OUTDOOR MUSIC ESTABLISHMENT A
CONDITONAL USE IN SPECIFIED ZONING DISTRICTS c
Nota AYE ORDAI D BY T E CITY COUNCIL OF THE CITY OF �Y of Fayetteville
Official Seal Section 1. That the City Council of the City of Fayetteville, Arkansas hereby adds the following definition
T
AMMY ALLEN i of Outdoor Musk EsteWlehrtent to the Deantlbns Chapter (155) of the calmed Development Ord inshof:
MyCP WrQS routdocr Music EstabllaNnem. Any busnee t a eastafthmeat that hes a garden, patio, rocrop
COUNTY a Premises not wholly endosed by sdld wells and fully roofed n which ampiri or bud mato e
Played that cold nd audible at nearby residences or deneeses.'
slon Expires 1 1 -055-2011 Section 2. That the City Council of the City of Fayetteville, Arkansas hereby adds $163.33 to the Unified
Development Ordinance mating Outdoor Music Establishments a Conditional Use where allowed;
" Please do not pay from Affidavit. 6163.30 Outdoor Musk FstMshmems.
Outdoor Music Establishments operating during May or June of 2002 may continue to operate af the
An invoice will be sent.
same location without this conditional use even if the ownership or name of the outdoor musk
eaUtAshment changes In the future as long as the establishrterel does not temrtrrate its outdoor musk
for twelve consecutive months or longer. All other outdoor marc estadenments anal not nd slowed in
any zoning district except C-1, C.2, C3 and C-4, where they may nd allowed a9 condAbnel use;subject
to the MloWng additional conditions:
A. Site Plan. Ave40 Plan dewing the proposed location and size of the outdoor music area; bcatbn and
direction of speakers; noise absorbing weft, structures or devices; proposed days and hors of
operation of the outdoor musk: area; and measures proposed to leasee or eliminate any adverse effects
1 upon mealy roadences and dxsinesaes.
B. Planning Commission Review. In aoditbn to all normal consldemtbre for a wndiforld use, the
r Pefxsg Commission may require roles fedhJON measures end structures be Iroorporated into an
W
tdoor music area. rosy hmN[the size. power, rl0mber and direction of speekers, end may Ilmtt the hours
of oMtloor mak generation frau the establslwnsnt.
C. Fayete011e Noise Ordifenca Violation. If the estableMment or any bend Or Person operating at such
eatableh"nt Is convicted of violating the Fayetteville Now Ordnance (§86.04 of the Code of
RECEIVED FayetteNle), such vldatbn may constitute grounds for revocation of this Conditional Use to operate an
Outdoor Musk Establem ent.
D. Fayeftevile Entertainment District. The Cay- Condit policy Is to encourage altdcor musk
N 0 V 13 2002 estabilshmemWong g Dickson Street from Block Avenue to Arkansas Avenue send on West Avenue from
SP&V Sheet to Lafayette Street at long as such aeedlshfnema ere reasonably compatible with
adjoining nelgkborhdods.
CIN OF FAYETTEVILLE PASSED and APPROVED this 61h day of August, 2002.
CITY CLERK'S OFFICE APPROVED.
By.
DAN GOODY, Mayor
ATTEST:
By.
Heather Woodruff, City Cede
212 NORTH EAST AVENUE • RO. BOX 1607 FAYETT 1T442=1700� - -
V
NORTH. 'X ST ARKANSAS IMITION
Arkansas Deme 05axette
AFFIDAVIT OF PUBLICATION
I , L , do solemnly swear that I am
Lega Clerk of the Arkansas Democrat-Gazette newspaper, printed and
published in Lowell , Arkansas, and that from my own personal knowledge
and reference to the// files of said publication , the advertisement of:
( l7/l�G/7Q /7& was inserted in the regular editions on
*' Publication Charge: $
Subscribed and swom to before me this
day ofI!O_, 2002.
Notary Public
official seal
My Commissio ExpiresA ► Y.ALLEN
Notary
WASHINGTON rukv
2011
M Commission Expi
" Please do not V1 .
An invoice will be sent.
RECEIVED
Nov 1 U 2002
CITY OF FAYETTEVILLE
OITY CLERICS OFFICE
11 - 20- 02A08 : 57 RCVD
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 (501 ) 442- 1700