HomeMy WebLinkAboutOrdinance 4652ORDINANCE NO, 4652
AN ORDINANCE CLARIFYING AND STREAMLINING THE
PROCESS OF APPEALING ADMINISTRATIVE DECISIONS OR
INTERPRETATIONS REGARDING SIGNS AND THE GRANTING
OF VARIANCES FROM THE REQUIREMENTS OF CHAPTER 174,
SIGNS, UNIFIED DEVELOPMENT CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That §§ 33.290-33.292, City of Fayetteville Code of Ordinances
are hereby repealed.
Section 2. That § 155.01, Unified Development Code, City of Fayetteville
Code of Ordinances, is hereby repealed, and Exhibit "A" attached hereto and
made a part hereof, is inserted in its stead.
Section 3. That § 155.02(C)(2), Unified Development Code, City of
Fayetteville Code of Ordinances, is hereby repealed, and the following is inserted
in its stead:
(2) Zoning and Development Administrator. Appeals made to the
Planning Commission or Board of Adjustment shall be filed with
the Zoning and Development Administrator.
Section 4. That § 155.06 (C)(1), Unified Development Code, City of
Fayetteville Code of Ordinances, is hereby repealed, and subsections (D) and (E)
are to be (C) and (D) respectively.
Section 5. That § 155.07, Unified Development Code, City of Fayetteville
Code of Ordinances, is hereby repealed, and § 155.08 is renumbered to be §
155.07, with §§ 155.08-155.99 reserved.
Section
6. That subsection (C)
of § 174.02, Unified
Development Code, City
of Fayetteville
Code of Ordinances, is
hereby enacted
as
follows:
(C) Appeals of Sign Permit Denials. All decisions and
interpretations of the Zoning and Development Administrator
under this Chapter shall be considered final administrative actions
for the purpose of the appeals set forth at § 155.01.
Section 7. That §156.05, Unified Development Code, City of Fayetteville
Code of Ordinances, is hereby repealed, and Exhibit "B" attached hereto and
made a part hereof, is inserted in its stead.
PASSED and APPROVED this 711, day of December 2004.
APPROVED:
•'G\TY 0F,Gp�'
�FAYETTEVILLE� ? By:
ATTEST,�l�1 ,o�
By: /�%lt��n 44A i d
SONDRA SMITH, City Clerk
EXHIBIT "A"
155.01 Circuit Court
Unless set forth otherwise below, all appeals from final actions taken by the City
Council, Planning Commission, Board of Adjustment, and the Zoning and
Development Administrator shall be taken to the Circuit Court of Washington
County.
• EXHIBIT "B" •
156.05 Sign Regulations
Consideration by the Zoning and Development Administrator. The Zoning and
Development Administrator shall not grant any variance of Chapter 174, Signs,
unless and until an applicant demonstrates:
(A) Special conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures, or building in the same district.
(B) Deprivation of rights. That literal interpretation of the provisions of the sign
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the sign regulations.
(C) Resulting actions. That the special conditions and circumstances do not result
from the actions of the applicant.
(D) No special privileges. That granting the variance requested will not confer on
the applicant any special privilege that is denied by Chapter 174, Signs, to other
lands, structures, or building in the same district.
(E) Nonconforming uses. No nonconforming use of neighboring lands, structures,
or buildings in the same district, and no permitted or nonconforming use of
lands, structures, or buildings in other districts shall be considered grounds for
the issuance of a variance.
(F) Time Limitation. Any variance granted shall automatically be revoked if the
applicant does not comply with the terms of the variance within 90 days from the
granting thereof; and, the applicant shall be required to comply with the literal
provisions of Chapter 174, Signs.
(G) Prohibited. The Zoning and Development Administrator shall not permit as a
variance any sign the erection of which or the continuance of which is prohibited
by Chapter 174, nor shall any variance be granted to allow a greater number of
signs than specifically set forth therein.
(H) Content Neutrality, Restrictions. The Zoning and Development Administrator
shall not take into account the content of any message sought to be displayed on
the sign when determining whether to grant a variance. Variances can only be
granted for setbacks, area, height, the proposed on -site location of the sign, or
other technical requirements, and shall not exceed 15% of the Code requirement.
NAME OF FILE: Ordinance No. 4652
w/Ex. A & B
CROSS REFERENCE:
Item # Date Document
1
11/08/04
memo to mayor & City Council
2
Staff Review Form
3
draft ordinance
4
draft ordinance
5
memo to Kit Williams
6
Affidavit of Publication
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
o�
FAYETTEVI PLEA %
THE CITY OF FAYETTEVIIIE, ARNANSAS
KIT WILLIAMS, CITY ATTORNEY t C
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: City Council, Mayor Goody
FROM: David J. Whitaker, Assistant City Attorney
DATE: November 8, 2004
RE: Streamlining Appeals of Sign Permit Denials
On July 1, 2003, you approved a comprehensive revision of the
Fayetteville Sign Ordinance (Chapter 174, UDC), based upon the findings
and Order of the Federal District Court in La Tour v. Ci , of Fayetteville.
During that process, we assured you that this office would work with the
Planning staff to identify other sections of the ordinance needing revision.
We are recommending amendments to the appeal/variance process.
The attached amendments would eliminate the Board of Sign Appeals,
and transfer its core duties to the Zoning and Development Administrator,
but with stricter limits on discretion. The amendments also provide
applicants prompt judicial review of sign permit denials by removing two
tiers of administrative hurdles from the process.
Unlike other zoning laws, the regulation of signs often involves
complex First Amendment questions. This is a field of federal
jurisprudence that continues to evolve, often rapidly. I have witnessed the
very real frustration of our Planning staff and the citizen members of the
Board of Sign Appeals, as both struggled with the appeal/variance process
required by the current ordinance.
The elimination of the Board of Sign Appeals will not, however,
deprive our members of the opportunity for public service. Each of them is
concurrently a member of our Board of Adjustment, which is unaffected by
these changes.
• City of Fayetteville •
Staff Review Form
City Council Agenda Items
Contracts
December 7. 2004
City Council Meeting Date
KIT WILLIAMS CITY ATTORNEY
Submitted By
Division
Action
LEGAL
Department
Adopt an ordinance to clarify and streamlinerthe process of appealing
administrative decisions and granting of variances from the requirements
of Chapter 174, Signs, UDC
Cost of this request Category/Project Budget Program Category / Project Name
Account Number
Project Number
Budgeted Item EZZI
Funds Used to Dale
Remaining Balance
Budget Adjustment Attached
Program / Project Category Name
Fund Name
Previous Ordinance or Resolution #Ord. 4
500
Department Director Original Contract Date:
Original Contract Number:
City Attorney Date
Received in Mayor's Offic
U
ief inistrative Officer Date
Received in City Clerk's Office
/ 10-04
Mayor Date
ORDINANCE NO,
AN ORDINANCE CLARIFYING AND STREAMLINING THE
PROCESS OF APPEALING ADMINISTRATIVE DECISIONS OR
INTERPRETATIONS REGARDING SIGNS AND THE GRANTING
OF VARIANCES FROM THE REQUIREMENTS OF CHAPTER 174,
SIGNS, UNIFIED DEVELOPMENT CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That §§ 33.290-33.292, City of Fayetteville Code of Ordinances
are hereby repealed.
Section 2. That Section §155.01, Unified Development
Fayetteville Code of Ordinances, is hereby repealed, and the foil'
in its stead: �.<_': ,•�
§155.01 Circuit Court
Unless set forth
taken by the,(
be, taken to thesC irct
Scction:3That_ecti
Fayetteville Code of in,,
in its stead:
appeals frfinal
IT,
shall
55.Q2 )(2), 1; -. ified Development Code, City of
is lieereby repealed, and the following is inserted
I (2) 9foning#and Development Administrator. Appeals made to the
3 Plarutng Commission or Board of Adjustment shall be filed with
tlae�Zoning and Development Administrator.
Section 4. That Section §155.06(C)(1), Unified Development Code, City of
Fayetteville Code of Ordinances, is hereby repealed, and subsections (D) and (E)
are to be (C) and (D) respectively.
Section 5. That §155.07, Unified Development Code, City of Fayetteville
Code of Ordinances, is hereby repealed, and §155.08 is renumbered to be §155.07,
with §§155.08-§155.99 reserved.
Section
6. That subsection (C)
of §174.02, Unified
Development Code, City
of Fayetteville
Code of Ordinances, is hereby enacted
as
follows:
(C) Appeals of Sign Permit Denials. All decisions and
interpretations of the Zoning and Development Administrator
under this Chapter shall be considered final administrative actions
for the purpose of the appeals set forth at §155.01.
Section 7. That
§156.05, Unified
Development Code,
City of
Fayetteville
Code of Ordinances, is
hereby repealed,
and the following is
inserted
in its stead:
156.05 Sign Regulations
Consideration by the Zoning and Development Administrator. The
Zoning and Development Administrator shall not grant any
variance of Chapter 174, Signs, unless and until an applicant
demonstrates:
(A) Special conditions. That special conditions and
exist which are peculiar to the land, structure, or bui
and which are not applicable to other lands, structui
in the same district. r,' N
(B) Deprivation of rights.
of the sign regulatio
commonly enjoyed by --
the terms of the.sien+"rT`e
(C)-Resulting
.do not result
I(D) No spec
That literal interpretat
1. -:X
ns would deprive the
other prop r'"ties4in the
ulations. I % \`
he so 't l�o di Nor
under
\ Tha Z4raiiting the variance requested will
atany special privilege that is denied by
other lands, structures, or building in the
(U)'Nonconforming uses. No nonconforming use of neighboring
lands, structures, or buildings in the same district, and no
permitted or nonconforming use of lands, structures, or buildings
in other districts shall be considered grounds for the issuance of a
variance.
F)
W
13
(F) Time Limitation. Any variance granted shall automatically be
revoked if the applicant does not comply with the terms of the
variance within 90 days from the granting thereof; and, the
applicant shall be required to comply with the literal provisions of
Chapter 174, Signs.
(G) Prohibited. The Zoning and Development Administrator shall
not permit as a variance any sign the erection of which or the
continuance of which is prohibited by Chapter 174, nor shall any
variance be granted to allow a greater number of signs than
specifically set forth therein.
(H) Content Neutrality; Restrictions. The Zoning and Development
Administrator shall not take into account the content of any
message sought to be displayed on the sign when determining
whether to grant a variance. Variances can only be granted for
setbacks, area, height, the proposed on -site location of the sign, or
other technical requirements, and shall not exceed 15% of the Code
3
0
ORDINANCE NO.
C 7
9\ PC%ocesS
C1ac%Nk o�
AN ORDINANCE CLARIFYING AND STREAMLINING THE
PROCESS OF APPEALING ADMINISTRATIVE DECISIONS OR
INTERPRETATIONS REGARDING SIGNS AND THE GRANTING
OF VARIANCES FROM THE REQUIREMENTS OF CHAPTER 174,
SIGNS, UNIFIED DEVELOPMENT CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That §§ 33.290-33.292, City of Fayetteville Code of Ordinances
are hereby repealed.
Section 2. That Section §155.01, Unified Development .Co e, �F i y of
Fayetteville Code of Ordinances, is hereby repealed, and Exhibit ' attached
hereto and made a part hereof, is inserted in its stead.,. - l
Section 3. That Section §155 02(C)(2);�Unified Deu�elopri ent Code' City of
Fayetteville Code of Ordinances, is herebyze ealed an'dlhe;following is inserted
in its stead: /
(2) Zoning4an Development Alffninistri7�tor. App1eals made to the
Planrung Commission or Board Icf,�A°iliustment shill be filed with
Section 4.ThatSe tion §15506(C)(1), Unified Development Code, City of
Fayetteville Co de of Ordinance" hereby repealed, and subsections (D) and (E)
are to be (C) and (D) rep�ectively.
That §155.07, Unified Development Code, City of Fayetteville
ices, is hereby repealed, and §155.08 is renumbered to be §155.07,
55.99 reserved.
Section
6. That subsection (C)
of §174.02, Unified
Development Code, City
of Fayetteville
Code
of Ordinances, is
hereby
enacted
as
follows:
(C) Appeals of Sign Permit Denials. All decisions and
interpretations of the Zoning and Development Administrator
under this Chapter shall be considered final administrative actions
for the purpose of the appeals set forth at §155.01.
Section 7. That §156.05, Unified Development Code, City of Fayetteville
Code of Ordinances, is hereby repealed, and Exhibit "B" attached hereto and
made a part hereof, is inserted in its stead.
V
fi
EXHIBIT "A"
§155.01 Circuit Court
Unless set forth otherwise below, all appeals from final actions taken
by the City Council, Planning Commission, Board of Adjustment,
and the Zoning and Development Administrator shall be taken to the
Circuit Court of Washington County.
M
• EXHIBIT "B" •
156.05 Sign Regulations
Consideration by the Zoning and Development Administrator. The Zoning and
Development Administrator shall not grant any variance of Chapter 174, Signs,
unless and until an applicant demonstrates:
(A) Special conditions. That special conditions and circumstances exist which are
peculiar to the land, structure, or building involved and which are not applicable
to other lands, structures, or building in the same district.
(B) Deprivation of rights. That literal interpretation of the provisions of the sign
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the sign regulations.
(C) Resulting actions. That the special conditions and circumstances- o not sut
from the actions of the applicant.
D No special privileges. That granting the variance e erstecdwill not Confer on
() r r s s s �
the applicant any special privilege that is denied by Chapter 1.4, Signs, to other
lands, structures, or building in the same district. `
(E) Nonconforming uses:�,No*non�confor �ng\us$ of neighboring lands, structures,
or buildings in the►same dis • ct, and �n o _permitted or nonconforming use of
lands, structures, or btiildin n other°th r'ctslhall be considered grounds for
the-ivan e`ofa�varia�`\ \
(F) Dime Limitatin.An�',y variancented shall automatically be revoked if the
applicant does not comply withjth' terms of the variance within 90 days from the
granting there
41; and, the applicant shall be required to comply with the literal
provisions of Chapter 74, Signs.
(G) Prohibited. The Zoning and Development Administrator shall not permit as a
variance any sign the erection of which or the continuance of which is prohibited
by Chapter 174, nor shall any variance be granted to allow a greater number of
signs than specifically set forth therein.
(H) Content Neutrality; Restrictions. The Zoning and Development Administrator
shall not take into account the content of any message sought to be displayed on
the sign when determining whether to grant a variance. Variances can only be
granted for setbacks, area, height, the proposed on -site location of the sign, or
other technical requirements, and shall not exceed 15% of the Code requirement.
Ta e evl le
Y AR KANSAS
DEPARTMENTAL CORRESPONDENCE
To: Kit Williams
City Attorney �Q
From: Clarice Buffalohead-Pearman�*
City Clerk Division
Date: December 13. 2004
Re: Ord. No. 4652
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7696
city_clerk@ci.fayetteville.ar.us
The City Council passed the above ordinance, December 7, 2004, amending Chapter 74, Signs,
of the Code of Ordinances. I have attached a copy of the amending ordinance.
The
ordinance
will be
recorded in the city
clerk's
office, published and microfilmed. If anything
else
is needed
please
let the clerk's office
know.
Thanks.
/cbp
attachments
cc: Internal Auditor
AFFIDAVIT OF PUBLICATION
I, , do solemnly swear that I am
Leg irk of th �Arl nsas Democrat-Gazette/Northwest Arkansas
Times n wspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
Mdj-,ha was inserted in the regular editions on
** Publication Charge: $
Subscribed and sworn to before me this
day of 2004.
Notary Public
My Commission Expires: Sharlene D. Williams
Notary Public
State of Arkansas
** Please do not pay from AfI.&Qi4mmission Expires
.An invoice will be sent. October 1 B, 2014
RECEltr"
DEC 2 2 2004
WY of FAYM9V iLL,
CRY CLERM9 0p=g t.
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYE7TEVILLE, ARKANSAS 72702 • (501) 442-1700
r,
AN ORDINANCE CLARIFYING AND STREAMUNING
THE PROCESS OF APPEALING ADMINISTRATIVE
DECISIONS OR INTERPRETATIONS REGARDING
SIGNS AND THE GRANTING OF VARIANCES FROM
THE REQUIREMENTS OF CHAPTER 174, SIGNS,
UNIFIED DEVELOPMENT CODE.
BE R ORDAINED BY THEORY COUNCIL OF THE CRY OF FAYBTTMLLEr ARKANSAS;
Section 1. That §§ 33.290-33292; Oty of Faymmillre Cade of Ordinances era hereby repeated.
Section 2. That § 155.01, Unified Development Code, City of Fayef evOri Code of Ordinances, is hereby
repealed, and Exhibi'A' attached hereto and matte a part hereof, Is Inserted in Its stead.
Section 3. That § 155.02(C)(2), Unified Deveopment Code, Cry of Fayetteville Code of Ordinances, Is
hereby repeated, end the following is inserted in Its stead:
(2) Zoning and Development Administrator. Appeals made to the Planning Commission w Board of
Adjustment mail be filed with the Zoning and Development Administrator.
Section 4. That § 155.06 (C)(1), Unified Development Gods, City of Fayetteville Coda of Ordinances, is.
hereby repealed, and Minestrone (D) and (E) era to be (C) and (D) respectively.
Section 5. That § 155,07, Unified Development Code, City of Fayetteville Code of Ordinances, Is hereby
repealed, and § 155.08 is renumbered to be § 155,07. with §§ 155.08-155.99 reserved.
Section 6. That subsection (0) of § 174.02, Unified Deveopment Code, Cry of Fayetteville Code of
Ordinances, is hereby enacted as follows:
" of Sign Permit Denials. NI decisions and Interpretations of the Zdning and Development
rator under this Chapter shall be considered final administrative actions for the purpose of the
set forth at § 155.01.
Section 7. That § 156.05. Unified Development Code, City of Fayetteville Code of Ordinances, is hem -
by repealed, and Emibit'B" attached hereto and matte a part hereof, is inserted in its mead,
PASSED anC APPROVED this 7M day of December 2004.
EXHIBIT OA"
B 166.01 Circuit Court
Unless sm forth otherwise below, all appeals from final actions taken by the City Council, Planning
Commission, Board of Adjustment, and the Zoning and Development Administrator shell be taken to the
Circuft Court of Washington County.
Exhibit °B•
'S 166.06 Still ReSule6ero
Consideration by the Zoning and Deveopment Administrator, The Zoning and Development
Administrator shall not grant any variance of Chapter 174. Signs, unless and until an applicant demon)
sates:
(J Special conditions. That special conditions and circumstances exist which are paculhar to the lard.
sin cture, or building irriahmd and which are not applicable to other lands, structures, or building In the
same district.
(B) Deprivation of rights. That literal interpretafion of the pmvislons of the sign regulmlons would deprNB
the applicant of rights commonly enjoyed by other pmpertles in the same district under the terms of the
sign regulations.
(0) Resulting actions. That the special conditions and circumstances do rot result from the actions of
Me applican¢.
(D) No speclel prNAeges. That granting the variance requested will not confer on the applicant any spe-
pal pdvflege that is denied by Chapter 174, Signs, to other lands, mmOtues, or building In the same die-
trim.
(q Nonconforming uses. No nonconforming use of neighboring lards, structures, or buildings in IN
same district, and no permitted or rwricanformirng use of lands, structures, a buildings In Other districts
Mail be considered grounds for the'sntimce at a variance.
(Fj Time Limitation. AM variance granted shall automatically be revoked if the applicant does not can'
ply with the terms of the variants within 90 days tram the granting thereof, rod, the applicant smell be
required to campy w,th the Moral provisions of Chapter 174. Signs.
IS) Prddoded. The Zoning and Development Administrator shall not permit as; a variance any sign tons
section of which or the continuance of which is prohibited by Chapter 174, nor shall any variance be
granted to slow a greater number of signs than specifically set forth Warmth,
(H) Content Neutrality; Restrictions. The Zoning and Development Administrator shall not take Into
account the content of any message sought to be displayed on the sign when determining whether td
grant a variance. Variances can only W granted for setbacks, arse height, the proposed on -ate Iota-
tir of the sign, or other technics requirements, and shall not exceed 15% of the Code mcuta.,nent. I
RECEIVED
DEC 2 2, NOR
CITY OF FAYETiEVILLE
CITY CLERICS OFFICE