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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 That §§ 33.290-33.292, City of Fayetteville Code of Ordinances are hereby repealed.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 That § 155.01, Unified Development Code, City of Fayetteville Code of Ordinances, is hereby repealed, and Exhibit "A" attached hereto and made a part hereof, is inserted in its stead.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 That § 155.02(C)(2), Unified Development Code, City of Fayetteville Code of Ordinances, is hereby repealed, and the following is inserted in its stead: (2) Zoning and Development Administrator.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 That § 155.06 (C)(1), Unified Development Code, City of Fayetteville Code of Ordinances, is hereby repealed, and subsections (D) and (E) are to be (C) and (D) respectively.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 That § 155.07, Unified Development Code, City of Fayetteville Code of Ordinances, is hereby repealed, and § 155.08 is renumbered to be § 155.07, with §§ 155.08-155.99 reserved.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 That §156.05, Unified Development Code, City of Fayetteville Code of Ordinances, is hereby repealed, and Exhibit "B" attached hereto and made a part hereof, is inserted in its stead.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