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Home My WebLink AboutOrdinance 4837 ORDINANCE NO, 4837 AN ORDINANCE TO AMEND CHAPTER 163 : USE CONDITIONS OF THE UNIFIED DEVELOPMENT CODE BY ADDING SECTION 163 . 15 REVOCATION OR CHANGE OF CONDITIONAL USE WHEREAS, conditional uses should be able to be reviewed by the Planning Commission if substantiated complaints are communicated to the Planning Department; and WHEREAS, the Unified Development Code should contain express procedures for any person who is aggrieved because the person or entity receiving the conditional use has failed to follow and obey every condition and term of the conditional use. NOW, THEREFORE, 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 amends Chapter 163 : Use Conditions of the Unified Development Code by adding a new section entitled § 163 . 15 : Revocation or Change of Conditional Use as shown below: "§ 163 . 15 . Revocation or Change of Conditional Use "(A) Upon receipt by the Planning Department of a written complaint by a Fayetteville resident that a holder of a conditional use has substantially violated or is violating any term or condition of the conditional use, the Planning Department shall investigate this complaint to determine if it is substantiated. "(B) If the Planning and Zoning Administrator determines that the complaint is substantiated, official notification by letter outlining the violation shall be sent to the holder of the conditional use requiring immediate compliance with all conditions and terms of approval of the conditional use and noting the substantiated complaint. Page 2 Ord. No. 4837 "(C) If the Zoning and Development Administrator determines that the holder has violated the terms of the conditional use and failed to promptly and voluntarily correct its failures, the Zoning and Development Administrator shall refer the existing conditional use to the Planning Commission for its review. After a hearing for all interested persons, the Planning Commission may amend or add conditions to the conditional use, may revoke a conditional use for substantial violations of the existing terms and conditions of the conditional use, or may reaffirm that the holder has complied with all terms of its conditional use. "(D) Except in extraordinary circumstances, the Zoning and Development Administrator shall not refer any alleged .11""""1n" ��"%% V/TR violations of a specific conditional use to the Planning opt S Commission more often than once per year. ;U • F ; • � . PASSED and APPROVED this 21St day of February, 2006. E ; FAYETTEVILLE: %9s'• RKANSP.J�a APPROVED: ATTEST: we, By: i By: DrnG�cy DAN GOODY, Mayor Sondra Smith, City Clerk OR a, CITY ATTORNEY AGENDA REQUEST �'/02 I loro yg37 4nmd c*der 163 /usb ('And ,� en5 FOR: COUNCIL MEETING OF February 2006 FROM: KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend Chapter 163: Use Conditions Of The Unified Development Code By Adding Section 163.15 Revocation Or Change Of Conditional Use APPROVED FOR AGENDA: ' ity Attorne Date JQem Date r of Current Planning c Mayor Date FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council CC : Jeremy Pate, Director of Current Planning FROM: Kit Williams, City Attorney DATE : January 24, 2006 RE: Codifying review procedures for existing conditional uses The public properly pointed out during the Planning Commission meeting that the U.D.C. had no express provision for review of approved conditional uses if a citizen believes the holder is not obeying all of the conditions and terms of its conditional use. Although alleged violations have been investigated by the Planning Department (which has presented at least one conditional use for Planning Commission review in the recent past), the U.D.C. should have a clear procedural process for citizens and staff to follow. Therefore, I have drafted the proposed amendment to the Chapter on conditional uses to spell out a citizen' s right to complain about improper activities of an entity or person who has been granted a conditional use. ORDINANCE NO, AN ORDINANCE TO AMEND CHAPTER 163 : USE CONDITIONS OF THE UNIFIED DEVELOPMENT CODE BY ADDING SECTION 163 . 15 REVOCATION OR CHANGE OF CONDITIONAL USE WHEREAS, conditional uses should be able to be reviewed by the Planning Commission if substantiated complaints are communicated to the Planning Department; and WHEREAS, the Unified Development Code should contain express procedures for any person who is aggrieved because the person or entity receiving the conditional use has failed to follow and obey every condition and term of the conditional use. NOW, THEREFORE, 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 amends Chapter 163 : Use Conditions of the Unified Development Code by adding a new section entitled § 163 . 15 : Revocation or Change of Conditional Use as shown below: "§ 163 . 15 . Revocation or Change of Conditional Use "(A) Upon receipt by the Planning Department of a written complaint by a Fayetteville resident that a holder of a conditional use has substantially violated or is violating any term or condition of the conditional use, the Planning Department shall investigate this complaint to determine if it is substantiated. "(B) If the Planning and Zoning Administrator determines that the complaint is substantiated, official notification by letter outlining the violation shall be sent to the holder of the conditional use requiring immediate compliance with all conditions and terms of approval of the conditional use and noting the substantiated complaint. "(C) If the Zoning and Development Administrator determines that the holder has violated the terms of the conditional use and failed to promptly and voluntarily correct its failures, the Zoning and Development Administrator shall refer the existing conditional use to the Planning Commission for its review. After a hearing for all interested persons, the Planning Commission may amend or add conditions to the conditional use, may revoke a conditional use for substantial violations of the existing terms and conditions of the conditional use, or may reaffirm that the holder has complied with all terms of its conditional use. "(D) Except in extraordinary circumstances, the Zoning and Development Administrator shall not refer any alleged violations of a specific conditional use to the Planning Commission more often than once per year." PASSED and APPROVED this Th day of February, 2006. APPROVED: DRAFT By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk Clarice Pearman - Ords. 4832 4833 4834 4836 & 4837 Page.] From: Clarice Pearman To: Pate, Jeremy Date: 2/27/06 10:54AM Subject: Ords. 4832, 4833, 4834, 4836 & 4837 Jeremy, Attached are the above ordinances passed by City Council, February 21 , 2006. CC: Bell, Peggy; Deaton, Vicki; GIS NORTHWEST ARKANSAS EDITION A&msasamocmt7V0azette AFFIDAVIT OF PUBLICATION I , Erin Emis , do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , that advertisement of: g�1� was inserted in the regular editions on PO# ** Publication Charge: $ 132 q7- Subscribed and sworn to before me this -- - day of n —, 2006. ORDIRANCE NO. 1801 - — -- -- N ORDINANCE TO AMEND CHAPTER 183: USE 7DITIONS OF THE UNIFIED DEVELOPMENT ^ n /1�� /� Gp C BY ADDING SECTION 183.15 REVOCATION Q G \rV. C 0999 CHANGE OF CONDITIONAL USE arene D. Williams ER conditlonalusesshouldbeebletobe ARKANSAS Notary Public NCta PUbIIC rf'iewedbyt(tePlanningCommissipnifsubstantiat- ry ad complalnta°ere cdnmuniCated to the Planning Depertmann antl State of Arkansas NIIISHBRA! Ihe.Unifled Development Cotle should contain express procedures for any person who l 91lggrieved because the person or entity receiving the oonditional use has felled to follow and obey My Commission Explifeitimmission Expires 0 it an and amofheconditionaluse, October 18, 2014111OVK THERE CRR, HE T ORDAINED RY THE CITY COUNCIL OF TNR CITY OF FYE,$asapn 1: That the City Council of the City of Fayetteville, Arkansas hereby amands Chapter 183: ad a CaMRims of the Unified Davebpmanl Code by adding a new section entitled § 183.15: ** Please do not pay from Affidavit. j ReocaaonorChange of Conditional Use asShp«noelaw An Invoice will be sent. 1%1Qa.15.. Revocationor Changeof Conditional Use ."i Upon receipt by the Nanning Deparanent of a written complaint by a Fayetteville resident Nat q�hOloer of a conditional use has substantially violated or is violating any tarts or condition of Nwit e dit�(on' el use, the N Planning Department shall invssagate.Nis detentions todetentions If it is substantl- Wi Ne Nanning end Zoning Ad nisaator determines that Ne complaint is substantiated. official 1}ytification by letter outlining the virYation shell be sent ro the holtler of the cantli5anal use requiring imrile9late canplience with all contlitions and terms of approval of the caltlilKxtal use antl rioting tre substantiated complaint. '(C) II1ha Zoning and Development Administrator d termines that the holder has violated the temp I Ne Cantlitbnel use end failed to Promptly and vduntadly correct itv lailurea, Ins Zoning end RECEIVED I �ment Atlminisiretor sha0 refer the edsang conditional use to the Henning ConrN35ion for its review. AKer a nearing tar ell intemsied Persons. tha Planning Corsltission mar emend tt add Cary dibrw lo the contlitidnal use:mer revoke a conditional use io aubslenaal violallansof the existing MAR !!�� (� I ft�E{trm6s end. conditions bl Ne contlitiar•I use, or may reatlsm that Na hold hes crxnptietl wiarall MAR 0 .7 ZOQu 9D) of iabf in canadrearuse. Except in axlre ions ry sptans(ancee, Ute Zoning e a DevelopnonI AtlrtyNsaetor shell not vlfer any alleged violations ol a sPacific cantlitional use to the of the Camrisaion more onon Nen CITY OF FAYETTEVILLE once bar year. dTY q,ERMS OFF'CF I Pgas•D 4111111 APPROVED this 21st day of February, 2005. /APPROVED: ATTEST. fr By: 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYEf ° COOD•r "Asym E• ,m. E•ii•, Cllr cwrk