HomeMy WebLinkAboutOrdinance 4946 ORDINANCE NO, 4946
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT
CODE OF THE CODE OF FAYETTEVILLE TO AMEND VARIOUS
SECTIONS OF THE CODE IN ORDER TO IMPLEMENT THE
SUPPLEMENTARY DISTRICT .REGULATIONS FOR THE DOWNTOWN
MASTER PLAN AREA.
WHEREAS, the City of Fayetteville recognizes the unique and significant role that the
downtown area plays in the vitality of the City And the region; and
WHEREAS, the City of Fayetteville has determined that street activities should be encouraged;
and
WHEREAS, the City of Fayetteville recognizes that street activities should be regulated by the
City in order to ensure that access to the public right of way is safe.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That Chapter 151 Definitions is amended by inserting an artist live/work unit into
Section § 151 .01 Definitions, a copy of which marked Exhibit "A" is attached hereto and made a part
hereof.
Section 2: That Chapter 162 Use Units is amended by inserting a use unit for Sidewalk Cafes in
Section § 162.01 , a copy of which marked Exhibit `B" is attached hereto and made a part hereof.
Section 3: That Chapter 163 Use Conditions is amended by inserting Section § 163 . 19 Transit
System Shelters, a copy of which marked Exhibit "C" is attached hereto and made a part hereof.
Section 4: That Chapter 171 Street and Sidewalks is amended by inserting Taxi Stands in Section
§ 171 .01 Miscellaneous Provisions, a copy of which is marked Exhibit "D" is attached hereto and made a
part hereof.
Section 5: That Chapter 178: Sidewalk Cafes is adopted and added to the Unified Development
Code, a copy of which is marked Exhibit "F" is attached hereto and made a part hereof.
PASSED and APPROVED this 21 ' day of November, 2006. _A\�G;GX1Y p00sGfj
APPROVED: ATTEST: =Vo • ' � '
L ; FAYETTEVILLE ;
By: By: y� %9Sy9RkANSP�J�','
DA COOD , Mayor SONDRA SMITH, City Clerk �GTON Gia`
. t�elllnllllllll
1 �
EXHIBIT "A"
To be inserted in Chapter 151 Definitions:
§151 .01 Definitions.
Artist studio. (Zoning) Any building or place of business where Artists use the premises for creating art or
craftwork and/or display and sales of merchandise. The Artist shall also be permitted to reside on the
premises as long as the structure meets all applicable residential building codes.
Imo.....- , _5•q,�p3 . .
EXHIBIT "B"
To be inserted in Chapter 161 Use Units:
162.01 Establishment/Listing
The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use
units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary
descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall
govern. The asterisk (') next to a specific use indicates that the use has special conditions as required by Chapter
163, Use Conditions and Chapter 164 Supplemental; Regulations.
Unit 1 City-wide uses by right
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit Cultural and recreational facilities
Unit 5 Government facilities
Unit 6 Agriculture
Unit 7 Animal husbandry
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three-family dwellings
Unit 11 Manufactured home park
Unit 12 Offices, studios and related services
Unit 13 Eating laces
Unit 14 Hotel, motel and amusement facilities
Unit 15 Neighborhood shopping goods
Unit 16 Shopping oods
Unit 17 Trades and services
Unit 18 Gasoline service stations & drive-in
restaurants
Unit 19 Commercial recreation, small sites
Unit 20 Commercial recreation, large sites
Unit 21 Warehousing and wholesale
Unit 22 Manufacturing
Unit 23 Heavy industrial
Unit 24 Home occupation
Unit 25 Professional offices
Unit 26 Multi-family dwellings
Unit 27 Wholesale bulk petroleum storage facilities
with underground storage tanks
Unit 28 Center for collecting recyclable materials
Unit 29 Dance halls
Unit 30 Extractive uses
Unit 31 Facilities emitting odors & facilities handling
explosives
Unit 32 Sexually oriented business
Unit 33 Adult live entertainment club or bar
Unit 34 Liquor stores
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
Unit 37 Manufactured homes
Unit 38 Mini storage units
Unit 39 Auto salvage and junk yards
Unit 40 Sidewalk Cafes
(NN) Unit 40. Sidewalk Cafes.
(1) Description. Unit 40 is provided in order that sidewalk cafes may be located in appropriate
commercial areas.
(2) Included uses.
Sidewalk Cafes
i
EXHIBIT "C"
To be inserted in Chapter 163 Use Conditions:
164.19 Transit System Shelters
(A) Intens. Transit System Operators may apply
for a conditional use permit to allow for the (a) The improvement or facility will
location of bus shelters in the right of way of not be located, extend onto, or
public streets subject to the following intrude on the roadway or the
conditions and requirements. sidewalk to such an extent as to
impede the area needed for
(1) Requirements for locating, constructing vehicular traffic or pedestrian
and maintaining a transit system bus use.
shelter are as follows;
(b) The improvement or facility will
(a) The bus shelter conditional use not create a hazardous condition
permit application shall require a or obstruction of vehicular or
site plan illustrating the location pedestrian travel on the street or
and dimensions of the proposed sidewalk.
structure, the street right of ways
and any existing utility (c) The design and location of the
easements. facility includes all reasonable
planning to minimize the
(b) The City may require that the potential for injury or
transit system provide a cash or interference to the public in the
security bond in an amount use of the municipal street or
approved by the City sufficient to sidewalk.
cover the cost of removing the
transit systems facilities or (3) Additional bus shelter elements may be
improvements. required to be installed and maintained
by the Transit System Operator. These
(c) The City may require that the may include but shall not be limited to:
transit system provide a
provision authorizing the City to (a) A concrete pad on which to locate
remove, without liability, any the shelter and accompanying
part of a facility for which a street furniture.
permit has been issued if there is
a lawful need for the site or for (b) Pedestrian scaled street lighting
access to the site. meeting the requirements of
Chapter 176 of the Unified
(d) The City may require the transit Development Code of the City of
system to provide public liability Fayetteville (Outdoor Lighting
insurance. Ordinance).
(e) The City may require that the (c) An integrated or detached
transit system provide and pay "wayfinding totem" to identify
for any necessary or essential location and bus routes.
traffic and safety studies.
(4) Signage. Only signage denoting the bus stop
(2) The Planning Commission may issue a location, or language associated with city
bus shelter conditional use permit based wayfinding shall be allowed on bus shelter
on the following findings; structures.
EXHIBIT "D"
To he inserted in Chapter 171 Use Units:
(a) The City Council may establish taxi
171 .01 Miscellaneous Provisions stands on portions of public streets or
facilities or private areas if permitted
(E) Ta-vi Stands. Taxi stand shall mean such by the owner.
portion or portions of the public street or
highway designated by the City Council of the (b) The establishment, enlargement,
City of Fayetteville as a place in which taxis or removal of a taxi stand shall be by
may stand or park. City Council Resolution after a public
hearing. Adjoining property owners
(1) No unattended parking allowed. A taxi within the block of the street or
must remain attended by its driver and abutting the parking lot in which the
ready for service while located within : a taxi stand is proposed shall be
taxi stand. notified by mail by the Planning
Division and a planning notification
(2) City Council Establishment of Taxi sign shall be placed near the taxi
Stands: stand location two weeks before the
public hearing at City Council.
}
EXHIBIT "F"
Chapter / 78 — Sidewalk Cafes:
178.01 Purpose A requirement that the owner provide the City
with a cash or surety bond sufficient to cover the
Public right-of-ways are designed for free and cost to the City or a public utility to remove the
unobstructed travel. However, the City of sidewalk calk, if necessary.
Fayetteville recognizes that the Downtown Master
Plan Area is unique and that certain public A requirement that the owner pay the cost to
amenities are not inconsistent with the underlying relocate a City or public utility facility or
dedication for the public right-of-way, as long as improvement in a public street in connection with
they do not impede travel or interfere with the the installation of the sidewalk cafk.
public safety. This policy is designed to encourage
and promote outdoor dining in the Downtown Authorization for the City or a public utility to
Master Plan Area and elsewhere in order to remove, without liability, part of the sidewalk calk
encourage pedestrian activity and make the urban if necessary to obtain access to a City or public
environment more attractive. utility facility or improvement.
178.02 Definition 178.04 Requirements
A sidewalk calk is an outdoor dining area not Sidewalk cafks shall meet the following
enclosed by a fence or other visual barriers in requirements as well as all conditions of approval
excess of 36 inches in height, is placed on a public which may limit hours and dates of operation,
right-of-way and contains removable tables, whether or not smoking will be permitted, and
chairs, planters or other appurtenances and is any additional conditions reasonably appropriate:
abutting/contiguous to a restaurant that performs
food preparation, sanitation, and related services Applicants requesting a conditional use permit
for the sidewalk cafk. ' must provide a detailed site plan illustrating the
location and dimensions of all furniture to be
W placed in the public right-of-way. Sidewalk cafes
may not be enclosed by walls or permanent
_ structures.
• Elements of a Quality Outdoor Seating Area
' � '• •. . 5{L L dka s Sid: Seaev/ n � � �•
178.03 Authorization
The Planning Commission may issue a-conditional
use permit establishing and maintaining a
sidewalk calk on a part of a sidewalk.
The City of Fayetteville shall issue conditional use
permit criteria and requirements under this r
chapter including:
Those necessary to protect public use of a street or � Z 1
a public utility company.
Temporary barrier fence.
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City, of Fayetteville • /14 f
Staff Review Form
City Council Agenda Items
or
Contract
City Council Meeting Date
Leif Olson Planning Operations
Submitted By Division Department
Action Required:
ADM 06 -2324 (DMP Supplementary Regulations: sidewalk cafes, transit shelters, taxi stands, downtown cross street and pole
banners. artist live work units) Approval of an ordinance amending the Unified Development Code to codify regulations for
uses and functions that typically occur within the public right-of-way.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Cate o Name
n/a n/a n/a
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached O
0 ^ o r O Previous Ordinance or Resolution # n/a
Department Jirec o Date Original Contract Date: n/a
Original Contract Number: n/a
/6 l2c - aG
City A
10 . 23 -06 Received in Cilf Clerk's Okice
Finance nd Internal Service Director Date
Received in Mayor's Office
Fl11ERE0
Mayor Date
Comments:
City Council Meeting of November 07, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Tim Conklin, Planning and Development Management Director
From: Leif Olson, Long Range Planner
Date: October 17, 2006
Subject: Amendments to the UDC to regulate sidewalk cafes, transit system shelters,
taxi stands, cross street and light pole banners, and artist live work units.
RECOMMENDATION
Planning Staff recommends approval of an ordinance amending the Unified Development
Code to codify regulations for uses and functions that typically occur within the public
right-of-way.
BACKGROUND
The City Council approved the Downtown Master Plan Zoning Code and Map on
October 3, 2006. The downtown zoning code will regulate the building use, form and
placement within the urban setting. An additional set of regulations is needed in order to
ensure an orderly use of the public right-of-way in the downtown area. The following
proposed amendments to the Unified Development Code will create standards for the
placement of sidewalk cafes, transit sysiem shelters and taxi stands in the public right of
way. Additionally, amendments are proposed to the sign ordinance to regulate the
placement and content of cross street and light pole banners. A definition of an artist live
work unit is proposed to allow for mixed use artist space in zoning districts where Use
Unit 12 — Offices, studios and related services, are allowed.
DISCUSSION
This ordinance was discussed at a meeting of the City Council Ordinance Review
Committee on September 28, 2006. Lacking a quorum the Ordinance Review Committee
generally agreed that the ordinance should be considered by the full City Council,
BUDGET IMPACT
None
77� I
ORDINANCE NO,
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CODE OF FAYETTEVILLE TO
AMEND VARIOUS SECTIONS OF THE CODE IN ORDER TO
IMPLEMENT THE SUPPLEMENTARY DISTRICT REGULATIONS
FOR THE DOWNTOWN MASTER PLAN AREA.
WHEREAS, the City of Fayetteville recognizes the unique and significant role that the
downtown area plays in the vitality of the City and the region; and
WHEREAS, the City of Fayetteville has determined that street activities should be
encouraged; and
WHEREAS, the City of Fayetteville recognizes that street activities should be regulated
by the City in order to ensure that access to the public right of way is safe.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That Chapter 151 Definitions is amended by inserting an artist live/work unit
into Section § 151 .01 Definitions, a copy of which marked Exhibit "A" is attached hereto and
made a part hereof.
Section 2 : That Chapter 162 Use Units is amended by inserting a use unit for Sidewalk
Cafes in Section § 162.01 , a copy of which marked Exhibit `B" is attached hereto and made a
part hereof.
Section 3 : That Chapter 163 Use Conditions is amended by inserting Section § 163. 19
Transit System Shelters, a copy of which marked Exhibit "C" is attached hereto and made a part
hereof.
Section 4: That Chapter 171 Street and Sidewalks is amended by inserting Taxi Stands in
Section § 171 .01 Miscellaneous Provisions, a copy of which is marked Exhibit "D" is attached
hereto and made a part hereof.
Section 5 : That Chapter 174 Signs is amended by inserting Wayfinding Kiosks and
Cross Street Banners in Section § 174. 13 Downtown Master Plan Area, a copy of which is
marked Exhibit "E" is attached hereto and made a part hereof.
Section 6: That Chapter 178 : Sidewalk Cafes is adopted and added to the Unified
Development Code, a copy of which is marked Exhibit "F" is attached hereto and made a part
hereof.
PASSED and APPROVED this 2151 day of November, 2006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
To be inserted in Chapter 151 Definitions:
§151.01 Definitions.
Artist studio. (Zoning) Any building or place of business where Artists use the premises for creating art or
craftwork and/or display and sales of merchandise. The Artist shall also be permitted to reside on the
premises as long as the structure meets all applicable residential building codes.
EXHIBIT "B"
To be inserted in Chapter 162 Use Units:
162.01 Establishment/Listing
The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use
units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary
descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall
govern. The asterisk (*) next to a specific use indicates that the use has special conditions as required by Chapter
163, Use Conditions and Chapter 164 Supplemental Regulations.
Unit 1
City-wide uses by right
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 11
Manufactured home park
Unit 12
Offices, studios and related services
Unit 13
Eating laces
Unit 14
Hotel, motel and amusement facilities
Unit 15
Neighborhood shopping oods
Unit 16
Shopping oods
Unit 17
Trades and services
Unit 18
Gasoline service stations & drive-in
restaurants
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 23
Heavy industrial
Unit 24
Home occupation
Unit 25
Professional offices
Unit 26
Multi -family dwellings
Unit 27
Wholesale bulk petroleum storage facilities
with underground storage tanks
Unit 28
Center for collecting recyclable materials
Unit 29
Dance halls
Unit 30
Extractive uses
Unit 31
Facilities emitting odors & facilities handling
explosives
Unit 32
Sexually oriented business
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 37
Manufactured homes
Unit 38
Mini storage units
Unit 39
Auto salvage and junk yards
Unit40
Sidewalk Cafes
(NN) Unit 40. Sidewalk Cafes.
(1) Description. Unit 40 is provided in order that sidewalk cafes may be located in appropriate
commercial areas,
(2) Included uses.
1 Sidewalk Cafes
EXHIBIT "C"
To be inserted in Chapter 163 Use Conditions:
164.19 Transit System Shelters
(A) Intent. Transit System Operators may apply
for a conditional use permit to allow for the
location of bus shelters in the right of way of
public streets subject to the following
conditions and requirements.
(1) Requirements for locating, constructing
and maintaining a transit system bus
shelter are as follows;
(a) The bus shelter conditional use
permit application shall require a
site plan illustrating the location
and dimensions of the proposed
structure, the street right of ways
and any existing utility
easements.
(b) The City may require that the
transit system provide a cash or
security bond in an amount
approved by the City sufficient to
cover the cost of removing the
transit systems facilities or
improvements.
(c) The City may require that the
transit system provide a
provision authorizing the City to
remove, without liability, any
part of a facility for which a
permit has been issued if there is
a lawful need for the site or for
access to the site.
(d) The City may require the transit
system to provide public liability
insurance.
(e) The City may require that the
transit system provide and pay
for any necessary or essential
traffic and safety studies.
(2) The Planning Commission may issue a
bus shelter conditional use permit based
on the following findings;
(a) The improvement or facility will
not be located, extend onto, or
intrude on the roadway or the
sidewalk to such an extent as to
impede the area needed for
vehicular traffic or pedestrian
use.
(b) The improvement or facility will
not create a hazardous condition
or obstruction of vehicular or
pedestrian travel on the street or
sidewalk.
(c) The design and location of the
facility includes all reasonable
planning to minimize the
potential for injury or
interference to the public in the
use of the municipal street or
sidewalk
(3) Additional bus shelter elements may be
required to be installed and maintained
by the Transit System Operator. These
may include but shall not be limited to:
(a) A concrete pad on which to locate
the shelter and accompanying
street furniture.
(b) Pedestrian scaled street lighting
meeting the requirements of
Chapter 176 of the Unified
Development Code of the City of
Fayetteville (Outdoor Lighting
Ordinance).
(c) An integrated or detached
"wayfinding totem" to identify
location and bus routes.
(4) Signage. Only signage denoting the bus stop
location, or language associated with city
wayfinding shall be allowed on bus shelter
structures.
EXHIBIT "D"
To be inserted in Chapter 171 Use Units:
171.01 Miscellaneous Provisions
(E) Taxi Stands. Taxi stand shall mean such
portion or portions of the public street or
highway designated by the City Council of the
City of Fayetteville as a place in which taxis
may stand or park.
(1) No unattended parking allowed. A taxi
must remain attended by its driver and
ready for service while located within a
taxi stand.
(2) City Council Establishment of Taxi
Stands:
(a) The City Council may establish taxi
stands on portions of public streets or
facilities or private areas if permitted
by the owner.
(b) The establishment, enlargement,
or removal of a taxi stand shall be by
City Council Resolution after a public
hearing. Adjoining property owners
within the block of the street or
abutting the parking lot in which the
taxi stand is proposed shall be
notified by mail by the Planning
Division and a planning notification
sign shall be placed near the taxi
stand location two weeks before the
public hearing at City Council.
EXHIBIT "E"
To be inserted in Chapter 174 - Signs:
174.13 Downtown Master Plan Area
The purpose of this policy is to create a
comprehensive system of consumer information
points in order to foster and enhance the unique
characteristics of the Downtown Master Plan
Area. Wayfinding and special event signage shall
be:
1. Of high quality, durable materials
appropriate to an urban setting.
2. Consistent with any and all objectives of
the Downtown Master Plan.
Because of its unique and historical entertainment
character and for tourist information and traffic
safety, the Downtown Master Plan Area may
include a limited number of Kiosks and across the
street banners to be installed solely by the City
and containing no advertising or commercial
content.
(A) Informational Kiosks with a map of the
Downtown Master Plan Area may be placed
upon city right-of-way by the City. The Kiosks
shall contain only a map and/or description of
the Downtown Master Plan Area, public
buildings and facilities, parking areas, and
entertainment facilities within or near this zone.
(B) Decorative Banners Placed on Light Poles
(1) Light pole banners shall be
administered by the City of
Fayetteville and/or its designated
representatives.
(2) All applications shall include a
sign plan containing a visual
representation of the sign's
construction, type of lettering,
colors, area and height of
graphics.
(3) Any future light poles within the
Downtown Master Plan area will
fall within the purview of this
amendment.
(4) It is the intent of this ordinance
to support the City's public
institutions such as the Walton
Arts Center and the Blair
Library with space dedicated for
their uses.
(C) Special Event Banners — Cross Street Banners
(1) The City of Fayetteville may install cross
street banners no larger than 30 feet by 3 feet
at the following three locations;
(a) Across Dickson Street and St.
Charles Avenue intersection;
(b) Across Dickson Street at Arkansas
Avenue intersection;
(c) Across East Avenue at Spring Street
intersection.
(2) Banners shall only be used to notify
motorists of City. sanctioned festivals or events
that will result in City street closures for the
festival or event for at least six hours. These
banners shall meet all the requirements of
Section 174.03 (J)(1) as to when they can be
displayed prior to a festival or event.
EXHIBIT "F"
Chapter 178 —Sidewalk Cafes:
178.01 Purpose
Public right-of-ways are designed for free and
unobstructed travel. However, the City of
Fayetteville recognizes that the Downtown Master
Plan Area is unique and that certain public
amenities are not inconsistent with the underlying
dedication for the public right-of-way, as long as
they do not impede travel or interfere with the
public safety. This policy is designed to encourage
and promote outdoor dining in the Downtown
Master Plan Area and elsewhere in order to
encourage pedestrian activity and make the urban
environment more attractive.
178.02 Definition
A sidewalk caf� is an outdoor dining area not
enclosed by a fence or other visual barriers in
excess of 36 inches in height, is placed on a public
right-of-way and contains removable tables,
chairs, planters or other appurtenances and is
abutting/contiguous to a restaurant that performs
food preparation, sanitation, and related services
for the sidewalk caf6.
178.03 Authorization
The Planning Commission may issue a -conditional
use permit establishing and maintaining a
sidewalk caf6 on a part of a sidewalk.
The City of Fayetteville shall issue conditional use
permit criteria and requirements under this
chapter including:
Those necessary to protect public use of a street or
a public utility company.
A requirement that the owner provide the City
with a cash or surety bond sufficient to cover the
cost to the City or a public utility to remove the
sidewalk cafe, if necessary.
A requirement that the owner pay the cost to
relocate a City or public utility facility or
improvement in a public street in connection with
the installation of the sidewalk caf6.
Authorization for the City or a public utility to
remove, without liability, part of the sidewalk caf6
if necessary to obtain access to a City or public
utility facility or improvement.
178.04 Requirements
Sidewalk caf�s shall meet the following
requirements as well as all conditions of approval
which may limit hours and dates of operation,
whether or not smoking will be permitted, and
any additional conditions reasonably appropriate:
Applicants requesting a conditional use permit
must provide a detailed site plan illustrating the
location and dimensions of all furniture to be
placed in the public right-of-way. Sidewalk cafes
may not be enclosed by walls or permanent
structures.
Elements of a Quality Outdoor Seating Area
Temporary barrier fence.
I.
t
From: Clarice Pearman
To: Olson, Leif
Date: 12.7.06 5:42 PM
Subject: Ord. 4946
Attachments! 4946 Amend UDC-DMP Area.pdf
CC: Audit
Leif:
Attached is a copy of the above ordinance passed by City Council November 21, 2006. The mayor had been out of town
and I've finally got signature and processed ordinances and resolutions to return. Thank you for your patience and sorry
for the inconvenience. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
wewnn...n:e rent. sew
IMANT ODE OFT TITLE E FAYET-
TO T- �� • ��
THEM CODE OF THE COOS 4S F#YET- 7 1
AMEND VARIOUS SECTIONS OF THE
I ORDER TO IMPLEMENT THE SUPPIF-
Y DISTRICT REGULATIONS FOR P*ARKANSAS
)WN MASTER PLAN AREA.
WMWAt. the City of FayettevilU IW.�WIEN 0e unique and significant role that the downtown
area plays in Me vitality of the Coy iE a jiff JRr. Mid
WNEREAt the CIry of Fayetteville has tlelerrt4reo that street activities shod be encouraged: and
WREREAE. the City of Fayetteville recognizes that street activities should be regulated by the City
m er:li to ensure that ac[o , tc the pubic riohl of Way e, sate
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE ARKANSAS:
Section ' -.. i' 1 ,; by inserting an artist reelwork unit into Section
§151.01 De' i :: •. -Ais attached hereto and made a part hereof.
Section 2 Thu : W..,. i 1:. t.ded by inserting a use unit for Sidewalk Cates in
Section §16201, r on •' i „ 11 .` 1 "B' is attached hereto and made a pad hereof
Section 3: Tha' Clr : , i. _ :.. -ended by inserting Section §163.19 Transit System
Shatters, a copy c At iiit 'rau °.::ached hereto and made a pan hereof.
Section 4: That Chapte 171 Street arc 3 r s is amended by inserting Taxi Stands in Section
§171.01 Miscellaneous Provisions, a copy o' w' ch s marked Exhibit'D' is attached hereto and made
a part hereof.
Section 5: That Chapter 178. Sidewalk Ca'.:: adopted and added to the Unified Development
Code, a copy of which is marked Exhibit F is attached hereto and made a pan hereof.
ANROVEO this 21st day of November, 2006.
ATTEST
By
Ways. S0RORA SMITH, City Cleric
EXHIBIT'A'
To be Inserted in Chapter 151 Definitions
§151.01 Definitions.
Artist stuOe. (ZoNng) Any Wilding or place of business where Artists use Me promises for creating
an or crstwock MiNor display and sales of merchandise. The Artist shall also be permitted to reside
on the promise. a brig as the structure meals all applicable res'dental budding codes.
EXHIBIT B"
To be inserted in Chapter 162 Use Units:
16201 Esrabeshrnenl/Llstng
The various .ce :.nits re'r ed to in Me zoning disMct provisions are herein tsted in numerical order
the us. it a. Ve rv^—sad uses are ordinarily bated in alphabetical order In these use units
; desc'iptive statement (which may mention specific uses) in addhon to
I the detailed list shall govern The astenSk ('j next to a specific use indicates
I n al ca did= ea required by Chapter 153 Use Conditions and Chapter 164
Sapp a'nenral Regwati
Unit 1 Clty-wltlE < r
Unit 2 Pub -wide uses by txd utility
fa use penny
Unit 3 Public andCultural features
Unit 5 Government lacililies
Unit 6 Agrbst a
M re
U 7 Angel lwaydrey
Unit 9 S*lgle-fwly
dwellings
el ellngs
ings
Unit 9 Two-family d dwellings
Unit 10 nuface dwellings
Unit 11 Manufactured sane park
Unit 12 Ealings, studios and related services
Unit 13 Hotel,
motel a
Unit 15 Negh motel and amusement facilities
Unitt 15 Neighborhood shopping goods
Unit 16 Slopping goods
Unit 17 Trades and services
Unit 18 Gasoline service stations & drive-in restaurants
Unit 19 Corarencial recreation, small sites
Unit 20 Commercial recreation, large sites
Unit 21 Warehousing and wholesale
Unit 22 Manufacturing
Unit 23 Heavy industrial
Unit 24 Hare occupation
Una 25 Professional offices
Unit 28 Mulli-family dwellings
Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks
Unit 28 Center for collecting recyclable materials
Unit 29 Dance halls
Unit 30 Extractive uses
Una 31 Facilities emitting odors 6 facilities handling explosives
Unit 32 Sexually oriented business
Unit 33 Adult live entertainment club or bar
Unit 34 Liquor stares
Unit 35 Outdoor music establishments
Unit 36 Wireless communications Facilities
Una 37 Manufactured hones
IAkt 38 Mini storage units
Unit 39 Auto salvage and junk yards
Unit 40 Sidewalk Cates
NN) Una 40. Sidewalk Cafes.
1) Description Una 40 is provided in order that sidewalk cafes may be located in appropriate com-
mercial areas.
2) Included use.
ildewalk Cafes
EXHIBIT'C'
To be Mserled in Chapter 163 Use Conditions'.
184.19 Transit System Shelter
(A) Intent. Transit System Operators may apply for a conditional use permit to allow for he location of
bus shelters in the right of way of public streets subject to the following conditions and requirements.
(1) Requirements for locating, constructing and maintaining a transit system bus shelter are as fol
lows;
(a) The bus shelter conditional use permit application shall require a site plan illustrating the location
and dimensions of the proposed structure, the street right of ways and any existing utility easements.
(b) The City may require that the transit system provide a cash or security bond in an amount
approved by the City sufficient to cover Me cost of removing the transit systems facilities or improve-
ments.
(c) The City may require that the transit system provide a provision authorizing the City to remove,
without liability, any pan of a facility for which a permit has been issued if there is a lawful need for
The see or for access to the site.
(d) The City may require the transit system to provide public liability insurance.
(e) The City may require that the transit system provide and pay for any necessary or essential traffic
and safety studies
(2) The Planning Comrnisson may issue a bus shelter conditional use permit based on the following
la) The improvement or facility will not be located, extend onto, a intrude on the roadway or the side
walk to such an extent as to impede the area needed for vehicular traffic or pedestrian use.
(b) The improvement a facility will not create a hazardous condition or obstruction of vehicular or
pedestrian travel on the street or sidewalk.
(e) The design and location of the facility includes all reasonable planning to minimize the potential
far injury or interference to Me public in the use of the municipal street or sidewalk
(3) Additional bus shelter elements may be required to be installed and maintained by the Transit
System Operator. These may include but shall not be limited to:
(a) A concrete pad on which to locate the shelter and accompanying street furniture.
(b) Pedestrian scaled street lighting meeting Me requirements of Chapter 176 of the Unified
Development Code of Me City of Fayetteville (Outdoor Lighting Ordinance).
(c) An integrated or detached -waylinding totem" to identity location and bus routes.
(4) Slgnage. Only signage denoting the bus stop location, or language associated with city waytind-
ing shall be allowed on bus shelter structures.
EXHIBIT'D'
To be inserted in Chapter 171 Use Units:
171.01 Miscelaneous Provisions
(E) Text Stands. Taxi stand shall mean such potion a portions of the public street or highway desig-
Rated by me City Council of the City of Fayetteville as a place in which taxis may stand or park.
(1) No unattended parking allowed. A taxi must remain attended by its driver and ready for service
while located within a taxi stand.
(2) City Council Establishment of Taxi Stands'.
(a) The City Council may establish taxi stands on portions of public streets or facilities or private areas
it permitted by the owner.
(b) The establishment, enlargement, or removal of a taxi stand shall be by City Council Res ution
after a public hearing Adjoining property owners within the block of the street or abutting the park-
ing lot in which the taxi stand is proposed shall be notified by mail by the Planning Division and a plan-
ning notification sign shall be placed near the taxi stand location two weeks before the public hear-
ing at City Council.
EXHIBIT -F'
Chapter 178 - Sidewalk Cafes.
17801 Purpose
Public right -oh ways are designed for free and unobstructed travel. However, the City of Fayetteville
recognizes that the Downtown Master Plan Area is unique and that certain public amenities are not
inconsistent with the underlying Dedicaton fa the public rghtd-way, as long as they do not snpetle
travel or interfere with Me public safety This policy is designed to encourage and promote outdoor
dining in the Downtown Master Plan Area and elsewhere in order to encourage pedestrian activity and
make the urban ernkavrlenl more attractive.
178.02 Delnitial
A side,Wlk cafe is an outdoor dining area not enclosed by a fence or other visual barriers in eilpess
of 36 inches in height ¢ placed or a
puolm light-ol-way and contemn
removable tables, chairs, planters or
other appurtenances and is abutting
contiguous to a restaurant that per-
forms food preparation, sanitation, and
related services for the sidewalk cafe.
178.03 Authorization
The Planning Commission may issue a
conditional use permit establishing
and maintaining a sidewalk cafe on aown
partof a sidewalkthe Cityof Fayetteville shall issue conditional use pemtit caterIa and require-ments under this chapter including.
Those necessary to protect public use
of a street or a public utility company
A requirement that the owner provide
the City with a cash or surety bond sufficent to cover M cost to the City or a public utility to remove
the sidewalk cafe, if necessary
A requirement that the owner pay the cost to relocate a City of public utility lacilay or improvement in
a public street in connection with the installation of the sidewalk cafe.
Authorization for the City or a public utility to remove, without liability, part of the sidewalk cafe if nec-
essary to obtain access to a City or public utility facility or improverrent.
albnimts on Quabty Qutaoor $Paine Area
178.06 Requirements
Sidewalk Cafes shall meet the following
requirements as well as all conditions
of approval which may limit hours and
dates of operation, whether or not
smoking will be permitted, and any
additional conditions reasonably
appropriate'.
Applicants requesting a conditional
use permit must provide a detailed site
plan illustrating the location and
dimensions of all furniture to be placed
in the public right-ol-way. Sidewalk
cafes may not be enclosed by walls or
permanent structures.
Sidewalk cafes must be open to the air.
except that an awning or canopy con-
forming to requirements established by
the Planning and Zoning department
may be constructed over the sidewalk
cafe. In order to provide sufficient
pedestrian clearance umbrellas must
have 7 feet of tree and clear space
from the sidewalk surface to the lower
edge of the umbrella,
Temporary barner (once.
NORTHWEST ARKANSAS EDITION
•
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
Ordinance 4946
Was inserted in the Regular Editions:
December 8, 2006
Publication Charge: $633.00
Subscribed and sworn to before me
This? day o �L , 2006.
Notary Public
My Commission Expires:
Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
RECEIVED
DEC 14 2006
CITY OF FAME ITEVILLE
CITY CLERK'S OFFICE