HomeMy WebLinkAboutOrdinance 4423 ORDINANCE NO, 4423
AN ORDINANCE CREATING USE UNIT 35 OUTDOOR MUSIC
ESTABLISHMENTS IN CHAPTER 162 USE UNITS OF THE
FAYETTEVILLE UDO AND AMENDING CHAPTER 161 ZONING
REGULATIONS TO ALLOW USE UNIT 35 IN C- 19 C-21 C-3, AND C-4
ZONING DISTRICTS AS A CONDITIONAL USE.
WHEREAS, on August 6, 2002, Fayetteville City Council approved Ordinance No. 4409 creating § 163.30
Outdoor Music Establishments requiring a conditional use for outdoor music establishments in the C- 1 , C-2, C-3,
and C-4 zoning districts and prohibiting outdoor music establishments in all other zoning districts; and
WHEREAS, a use unit for outdoor music establishments needs to be established and indicated as a
conditional use in certain zoning districts;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That § 162.01 , 11. Unit 35 Outdoor Music Establishments, a copy of which marked
Exhibit "A" attached hereto and made a part hereof, is hereby adopted and made part of the Unified Development
Ordinance, Code of Fayetteville.
Section 2. That § 161 . 13 District C- 1 Neighborhood Commercial., of the Unified Development
Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "B" attached hereto and made a part hereof.
Section 3. That § 161 . 14 District C-2 Thoroughfare Commercial., of the Unified Development
Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "C" attached hereto and made a part hereof.
Section 4. That § 161 . 15 District C-3 Central Commercial., of the Unified Development Ordinance,
Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "D" attached hereto and made a part hereof.
Section 5. That § 161 . 16 District C-4 Downtown., of the Unified Development Ordinance, Code of
Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "E" attached hereto and made a part hereof.
'4/J
PASSED and APPROVED this day of . 2002.
APPROVED:
By:
r DAN OODY, ayor
ATTEST:
d, HEATHER WOODRUFF, City Clerk��
y
ord . 4423
Exhibit "Err Unit 21 Warehousing and Wholesale
Unit 22 Manufacturing
§162.01 Establish men t/Listing. The
various use units referred to in the zoning Unit 23 Heavy Industrial
district provisions are herein listed in Unit 24 Outdoor Advertising
numerical order. Within the use units, the
permitted uses are ordinarily listed in Unit 25 Professional Offices
alphabetical order. In these use units where Unit 26 Single-Family Dwellings
there is a preliminary descriptive statement
Unit 27 Wholesale Bulk Petroleum Storage
(which may mention specific Uses) in Facilities with Underground Storage
addition to the detailed list of uses, the Tanks
detailed list shall govern. Unit 28 Center for Collecting Recyclable
Materials
USE UNITS Unit 29 Single-Family, Two-Family and
Unit 1 City-Wide Uses by Right Three-Farruly Dwellings
Unit 2 City-Wide Uses by Conditional Use Unit 30 Extractive Uses
Permit
Unit 3 Public Protection and Utility Facilities Unit 31 Facilities Emitting Odors and
Facilities Handlin Ex olives
Unit 4 Cultural and Recreational Facilities Unit 32 Sexually Oriented Businesses
Unit 5 Government Facilities Unit 33 Adult Live Entertainment Club or Bar
Unit 6 Agriculture Unit 34 Liquor Store
Unit 7 Animal Husbandry Unit 35 Outdoor Music Establishment
Unit 8 Single-Family, Duplexes, and
Townhouse Dwellings 11. Unit 35. Outdoor Music Establishment
Unit 9 Multifamily Dwellings - Medium
Density 1. Description. Unit 35 includes any
Unit 10 Multifamily Dwellings - business or establishment that has a garden, patio,
High Density rooftop or premises not wholly enclosed by solid
Unit 11 Mobile Home Park walls and fully roofed in which amplified or loud
music is played that could be audible at nearby
Unit 12 Offices, Studios and Related Services residences or business.
Unit 13 Eating Places 2. Included Uses.
Unit 14 Hotel, Motel and Amusement Outdoor Music Establishments
Facilities
Unit 15 Neighborhood Shopping Goods
Unit 16 Shopping Goods
Unit 17 Trades and Services
Unit 18 Gasoline Service Station and Drive-In
Restaurants
Unit 19 Commercial Recreation
Unit 20 Commercial Recreation, Large Sites
ord . 4423
Exhibit "B"
D. Building Area. On any lot the
§161 .13 DISTRICT C-1 NEIGHBOR- area occupied by all buildings shall not
HOOD COMMERCIAL. exceed 40% of the total area of such lot.
E. Height Regulations. There shall
A. Purpose. The Neighborhood be no maximum height limits in C- 1
Commercial District is designed primarily to District, provided, however, that any
provide convenience goods and personal building which exceeds the height of ten feet
services for persons living in the shall be set back from any boundary line of
surrounding residential areas. any residential district a distance of one foot
for each foot of height in excess of ten feet.
B. Uses.
(Code 1991 , § 160.035 ; Code 1965 , App. A,
1 . Permitted Uses. Art. 5(V); Ord. No. 1747, 6-29-89 ; Ord. No.
Unit 1 City-Wide Uses by Right 2603, 2- 19-80)
Unit 12 Offices, Studios and Related
Services
Unit 13 Eating Places
Unit 15 Neighborhood Shopping
Unit 18 Gasoline Service Stations and
Drive-In Restaurants
Unit 25 Professional Offices
2. Uses Permissible on
Appeal to the Planning Commission.
Unit 2 City-Wide Uses by Conditional
Use Permit
Unit 3 Public Protection and Utility
Facilities
Unit 4 Cultural and Recreational
Facilities
Unit 35 Outdoor Music Establishments
C. Bulk and Area
Regulations/Setbacks. Setback lines shall
meet the following minimum re uirements:
From Street ROW 50 ft.
From Side Property Line None
From Side Property Line 10 ft.
When Contiguous to a
Residential District
From Back Property Line 20 ft.
• • ord , 4423
Exhibit «C» Unit 28 Center for Collecting
Recyclable Materials
§161 .14 DISTRICT C-2 THOROUGH- Unit 32 Sexually Oriented Business
FARE COMMERCIAL. Unit 35 Outdoor Music Establishments
A. Purpose. The Thoroughfare
Commercial District is designed especially C. Bulk and Area Regulations.
to encourage the functional grouping of Setback lines shall meet the following
these commercial enterprises catering minimum requirements:
primarily to highway travelers. From Street ROW 50 ft.
From Side Property Line None
B. Uses. From Side Property Line 15 ft.
When Contiguous to a
1 . Permitted Uses, Residential District
Unit 1 City-Wide Uses by Right From Back Property 20 ft.
Unit 4 Cultural and Recreational Line
Facilities
Unit 12 Offices, Studios and Related D. Building Area. On any lot the
Services area occupied by all buildings shall not
Unit 13 Eating Places exceed 60% of the total area of such lot.
Unit 14 Hotel, Motel and Amusement E. Height Regulations. In District
Facilities C-2 any building which exceeds the height
Unit 15 Neighborhood Shopping Goods of 20 feet shall be set back from any
Unit 16 Shopping Goods boundary line of any residential district a
distance of one foot for each foot of height
Unit 17 Trades and Services in excess of 20 feet. No building shall
Unit 18 Gasoline Service Stations and exceed six stories or 75 feet in height.
Drive-In Restaurants (Code 1991 &g160.036; Code 1965, App. A,
Unit 19 Commercial Recreation Art. 5(VI); ' Ord. No. 1747, 6-29-89. Ord.
No. 1863 , 11 - 1 -71 Ord. No. 2351 , 6-' - 177 ;
Unit 20 Commercial Recreation, Large Ord. o.9 2603, J- 19-80; Ord. No. 4034,
Sites
Unit 24 Outdoor Advertising
Unit 33 Adult Live Entertainment Club
or Bar
2. Uses Permissible on
Appeal to the Planning Commission.
Unit 2 City-Wide Uses by Conditional
Use Permit
Unit 3 Public Protection and Utility
Facilities
Unit 21 Warehousing and Wholesale
. ord . 4423
Exhibit "D,, Unit 28 Center for Collecting
Recyclable Materials
§161 .15 DISTRICT C-3 CENTRAL Unit 35 Outdoor Music
COMMERCIAL. Establishments
A. Purpose. The Central C. Bulk and Area
Commercial District is designed to Regulations/ Setbacks. Setback lines shall
accommodate the commercial and related meet the followingminimum re uirements:
uses commonly found in the central business Central Shopping
district or regional shopping centers which Business Center
provide a wide range of retail and personal District
service uses. From Street ROW 5 ft. 25 ft.
B. Uses. From Street ROW 50 ft. 50 ft.
1 . Permitted Uses. if Parking is
Unit 1 City-Wide Uses by Ri ht Allowed Between
Unit 4 Cultural and Recreational the ROW and the
Facilities Building
Unit 5 Government Facilities From Side None None
Property Line
Unit 9 Multifamily Dwelling - Low From Side 10 ft. 25 ft.
Density Property Line
Unit 10 Multifamily- High Density When Contiguous
Unit 12 Offices, Studios and Related to a Residential
Services District
Unit 13 Eating Places From Back 15 ft. 25 ft.
Property Line
Unit 14 Hotel, Motel and Without Ease-
Amusement Facilities ment or Alley
Unit 15 Neighborhood Shopping From Centerline 10 ft. 10 ft.
Goods Line of a Public
Unit 16 Shopping Goods Alley
Unit 18 Gas Service Stations and
Drive-In Restaurants (Code 1991 , § 160.037; Code 1965 , App. A,
Unit 19 Commercial Recreation Art. 5(VII); Ord. No. 1747, 6-29-89; Ord.
No. 2351 , 6-21 -77; Ord. No. 2603 , 2- 19-80)
2. Uses Permissible on
Appeal to the Planning Commission.
Unit 2 City-Wide Uses by
Conditional Use Permit
Unit 3 Public Protection and Utility
Facilities
Unit 19 Trades and Services
• . ord . 4423
Exhibit "E" Unit 28 Center for Collecting
Recyclable Materials
§161 .16 DISTRICT C-4 DOWNTOWN, Unit 35 Outdoor Music Establishments
A. Purpose. The Downtown C. Bulk and Area
District is designed to accommodate the Regulations/Setbacks. Setback lines shall
commercial, office, governmental and meet the following minimum requirements:
related uses commonly found in the central From Street ROW 5ft.
downtown area which provide a wide range From Street ROW if a None
of retail, financial, professional office, and Sidewalk is in Existence
governmental office uses. or to be Provided
B. Uses.
From Side Property Line None
From Side Property Line 10 ft.
1 . Permitted Uses. When Contiguous to a
Unit 1 City-Wide Uses by Right Residential District
From Back Property Line None
Unit 4 Cultural and Recreational without Easement or
Facilities Alley
Unit 5 Government Facilities From Center Line of an 8 ft.
Unit 12 Offices, Studios and Related I Easement or Alley
Services
Unit 13 Eating Places
Unit 14 Hotel, Motel and Amusement (Code 1991 ; § 160.038 ; Code 1965, App. A,
Art. 5 (VII(a)); Ord. No. 1747, 6-29-89;
Facilities Ord. No. 2148, 10-7-75 ; Ord. No. 2351 , 6-
Unit 15 Neighborhood Shopping 21 -77; Ord. No. 2362, 8-2-77)
Goods
Unit 16 Shopping Goods
Unit 19 Commercial Recreation
Unit 25 Professional Offices
2. Uses Permissible on
Appeal to the Planning Commission.
Unit 2 City-Wide Uses by Conditional
Use Permit
Unit 3 Public Protection and Utility
Facilities
Unit 10 Multifamily Dwelling- High
Density
Unit 17 Trades and Services
Unit 18 Gas Service Station and Drive-
In Restaurants
NAME OF FILE: Ordinance No. 4423
CROSS REFERENCE:
Item # Date Document
1 10/01 /02 Ordinance 4423
2 10/01 /02 Staff Review Form
3 09/05/02 Memo to Mayor Coody from Tim Conklin
09/05/02Memo to Fayetteville Planning Commission from Shelli
4 Rushing
5 09/09/02 Planning Commission Meeting
8 10/08/02 Memo to Kevin Springer from Heather Woodruff
NOTES ;
STAFF REVIEW FORM
x Agenda Request
Contract Review
Grant Review
For the Fayetteville City Council meeting of October 1 , 2002 .
FROM:
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUESTED : To adopt an ordinance creating Use Unit 35 Outdoor Music
Establishments in Chapter 162 Use Conditions and adding Use Unit 35 to C- 1 , C-2 ,
C- 3 , and C- 4 zoning districts in Chapter 161 Zoning Regulations of the Unified
Development Ordinance .
COST TO CITY :
$ 0
Cost of this request Category/ Project Budget Category/ Project Name
Account Number Funds used to date Program Name
Project Number Remaining balance Fund
BUDGET REVIEW: Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY :
Accounting anager Date ADA Coordinator Date
� /L -ate
Cit Attorkiey Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and on September 9 ,
2002 the Planning Commission voted 8 - 0 - 0 to recommend the ordinance
be approved by the City Council .
Cross Reference
�Di
"%� ^ 11�a/t1'6 v
Deprarbdent Director Date New Item : Yes No
Adm ' istrati Services Date Prev Ord/Res# :
Di e or JJ//1J''J��L�,, ,`�`
Mayor Date Orig Contract Date :
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Tim Conklin, A.I.C.P., City Planner
DATE: September 5, 2002
BACKGROUND
On August 6, 2002, Fayetteville City Council approved Ordinance No. 4409 creating 163 .30
Outdoor Music Establishments requiring a conditional use for outdoor music establishments in
the C- 1 , C-2, C-3 and C-4 zoning districts and prohibiting outdoor music establishments in all
other zoning districts. This ordinance needs to be incorporated into Chapter 161 Zoning
Regulations and Chapter 162 Use Conditions of the Unified Development Ordinance. Staff is
proposing the attached ordinance to ensure the UDO reflects the new outdoor music
establishment ordinance.
CURRENTSTATUS
Staff recommended approval and on September 9, 2002 the Planning Commission voted 8-0-0 to
recommend approval of the ordinance amendment.
RECOMMENDATION
Staff recommends City Council approve the amendment.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Shelli Rushing, A.I.C.P., Associate Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: September 5, 2002
ADM 02-30.00: Administrative Item (Outdoor Music Establishments) to approve an
ordinance creating Use Unit 35 Outdoor Music Establishments in Chapter 162 Use Conditions
and adding Use Unit 35 to C- 1 , C-21 C-3, and C-4 zoning districts in Chapter 161 Zoning
Regulations of the Unified Development Ordinance.
RECOMMENDATION
Staff recommends Planning Commission recommend approval and forward to City Council.
BACKGROUND
On August 6, 2002, Fayetteville City Council approved Ordinance No. 4409 creating 16330
Outdoor Music Establishments requiring a conditional use for outdoor music establishments in
the C- 1 , C-2, C-3 and C-4 zoning districts and prohibiting outdoor music establishments in all
other zoning districts. This ordinance needs to be incorporated into Chapter 161 Zoning
Regulations and Chapter 162 Use Conditions of the Unified Development Ordinance. Staff is
proposing the attached ordinance to ensure the UDO reflects the new outdoor music
establishment ordinance.
ORDINANCE NO,
AN ORDINANCE CREATING USE UNIT 35 OUTDOOR MUSIC
ESTABLISHMENTS IN CHAPTER 162 USE . UNITS OF THE
FAYETTEVILLE UDO AND AMENDING CHAPTER 161 ZONING
REGULATIONS TO ALLOW USE UNIT 35 IN C-1 , C-2, C-3, AND C-4
ZONING DISTRICTS AS A CONDITIONAL USE.
WHEREAS, on August 6, 2002, Fayetteville City Council approved Ordinance No. 4409 creating § 163.30
Outdoor Music Establishments requiring a conditional use for outdoor music establishments in the C-1 , C-2, C-3,
and C-4 zoning districts and prohibiting outdoor music establishments in all other zoning districts; and
WHEREAS, a use unit for outdoor music establishments needs to be established and indicated as a
conditional use in certain zoning districts;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That § 162.019 Il. Unit 35 Outdoor Music Establishments, a copy of which marked
Exhibit "A" attached hereto and made a part hereof, is hereby adopted and made part of the Unified Development
Ordinance, Code of Fayetteville.
Section 2. That § 161 . 13 District C- 1 Neighborhood Commercial., of the Unified Development
Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "B" attached hereto and made a part hereof.
Section 3. That § 161 . 14 District C-2 Thoroughfare Commercial., of the Unified Development
Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "C" attached hereto and made a part hereof.
Section 4. That § 161 . 15 District C-3 Central Commercial., of the Unified Development Ordinance,
Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "D" attached hereto and made a part hereof.
Section 5. That § 161 . 16 District C4 Downtown., of the Unified Development Ordinance, Code of
Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "E" attached hereto and made a part hereof.
PASSED and APPROVED this day of 2002.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
HEATHER WOODRUFF, City Clerk
Exhibit "A"
§162.01 Establishment/Listing. The Unit 19 Commercial Recreation
various use units referred to in the zoning Unit 20 Commercial Recreation, Large Sites
district provisions are herein listed in
numerical order. Within the use units, the Unit 21 Warehousing and Wholesale
permitted uses are ordinarily listed in Unit 22 Manufacturing
alphabetical order. In these use units where
there is a preliminary descriptive statement Unit 23 Heavy Industrial
(which may mention specific uses) in
Unit 24 Outdoor Advertising
addition to the detailed list of uses, the
detailed list shall govern. Unit 25 Professional Offices
USE UNITS Unit 26 Single-Family Dwellings
Unit 1 City-Wide Uses by Right Unit 27 Wholesale Bulk Petroleum Storage
Unit 2 City-Wide Uses by Conditional Use Facilities with Underground Storage
Permit Tanks
Unit 3 Public Protection and Utility Facilities Unit 28 Center for Collecting Recyclable
Materials
Unit 4 Cultural and Recreational Facilities Unit 29 Single-Family, Two-Family and
Unit 5 Government Facilities Three-Family Dwellings
Unit 30 Extractive Uses
Unit 6 Agriculture
Unit 31 Facilities Emitting Odors and
Unit 7 Animal Husbandry Facilities Handling Ex osives
Unit 32 Sexually Oriented Businesses
Unit 8 Single-Family, Duplexes, and
Townhouse Dwellings Unit 33 Adult Live Entertainment Club or Bar
Unit 9 Multifamily Dwellings - Medium
Density Unit 34 Liquor Store
Unit 10 Multifamily Dwellings - Unit35 Outdoor Music Establishmeni
High Density
Unit I 1 Mobile Home Park
Unit 12 - Offices, Studios and Related Services U. Unit 35. Outdoor Music Establishment
Unit 13 Eating Places 1. Description Unit 35;Includes any,
business or,establishment thairhas=a kiirden; patio,,
Unit 14 Hotel, Motel and Amusement roatiop or premises noliwholly enclosed by solid
Facilities wal[s.pnd fully roofed.in which;ampliifi d or.loud
Unit 15 Neighborhood Shopping Goods music'is played that could be audible at nearby
res=deuces orzbusiness..
Unit 16 Shopping Goods
2. Included Uses.
Unit 17 Trades and Services
Outdoor Music.Establishmentd
Unit 18 Gasoline Service Station and Drive-In
Restaurants