HomeMy WebLinkAboutOrdinance 5000 ORDINANCE NO. 5000
AN ORDINANCE REPEALING AND REPLACING CHAPTER
152, ADMINISTRATION, OF THE UNIFIED DEVELOPMENT
CODE TO DESIGNATE AND CLARIFY THE
ADMINISTRATION, INTERPRETATION AND ENFORCEMENT
AUTHORITY OF VARIOUS SECTIONS OF THE UDC
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 : That Chapter 152: Administration, of the Code of Fayetteville, is hereby
repealed and Exhibit "A" is inserted in its stead.
See Exhibit "A" attached hereto and made a part hereof.
.•``�RFUTR�'' ..
PASSED AND APPROVED this 3rd day of April, 2007. =��c:•'G�SY
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APPROVED- ATTEST: ; FAYETTEVILLE ;
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By: By: TOG
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DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Exhibit A
CHAPTER 152 : ADMINISTRATION
152.01 Administrators Designated (1) Zoning Districts and Regulations: Zoning and
The following listed sections of the UDC shall be Development Administrator.
administered, interpreted, and enforced by the person
designated, or his/her duly authorized representative. (2) Use Units and Use Conditions: Zoning and
Development Administrator.
(A) Amendments: City Attorney.
(3) Nonconforming uses and structures: Zoning
Cross reference(s)-Amendments, Ch. 154. and Development Administrator.
(B) Appeals: City Attorney. (4) Supplementary District Regulations: Zoning
and Development Administrator.
Cross reference(s)-Appeals, Ch. 155.
(5) Airport zoning: Building Safety Director.
(C) Variances:
Cross reference(s)-Zoning Regulations, Ch. 160-165.
(1) Zoning, Development, Sign Regulations:
Zoning and Development Administrator. (H) Development:
(2) Stormwater Drainage and Erosion Control: (1 ) Streets, Curbs, gutters, sidewalks: City
City Engineer. Engineer.
(3) Airport Zone: Building Safety Director. (2) Grading Storm drainage systems: City
Engineer.
(4) Landscape Regulations: Urban Forester.
(3) Culverts and bridges: City Engineer.
Cross reference(s)-Variances, Ch. 156.
(4) Water and sanitary sewer: City Engineer.
(D) Notification and Public Hearings: Zoning and (5) Parkland dedication: Zoning and
Development Administrator. Development Administrator.
Cross reference(s)--Notification 8 Public Hearings, (6) Master Street Plan: Zoning and
Ch. 157. Development Administrator.
(E) Bonds and Guarantees: City Engineer and (7) All other development regulations: Zoning
Zoning and Development Administrator. and Development Administrator.
Cross reference(s)—Bonds and Guarantees, Ch. 158. Cross references)--Development, Ch. 166.
(F) Fees: (1) Tree Preservation and Protection: Urban
Forester.
(1) Fees/Schedule: Zoning and Development
Administrator, City Engineer, Building Safety Cross reference(s)-Tree Preservation and Protection,
Director (as applicable). Ch. 167.
(2) Water and Wastewater Impact Fees: City (J) Flood Damage Prevention: Floodplain
Engineer. Administrator.
(3) Police and Public Safety Impact Fees: Cross references)-Flood Damage Prevention, Ch.
Building Safety Director. 168.
(4) Fire Protection System Impact Fees: (K) Physical Alteration of Land: City Engineer.
Building Safety Director.
Cross reference(s)—Physical Alteration of Land, Ch.
Cross references)—Fees, Ch. 159. 169.
(G) Zoning (Ch. 160-165): (L) Stormwater Management, Drainage and Erosion
Control: City Engineer.
CD152:1
Fayetteville Code of Ordinances
Cross reference(s)—Stormwater Mgt, Drainage &
Erosion, Ch. 170.
(M) Streets and Sidewalks:
(1 ) Streets: City Engineer.
(2) Sidewalks: City Engineer or his designee.
Cross reference(s)-Streets and Sidewalks, Ch. 171 .
(N) Parking and Loading: Zoning and Development
Administrator.
Cross reference(s)—Parking & Loading, Ch. 172.
(0) Building Regulations: Building Safety Director.
Cross reference(s)--Building Regulations, Ch. 173.
(P) Signs: Zoning and Development Administrator.
Cross reference(s)-Signs, Ch. 174.
(Q) Manufactured Homes/Parks: Building Safety
Director.
Cross reference(s)--Manufactured Homes and
Manufactured Home Parks, Ch. 175.
(R) Outdoor Lighting: Zoning and Development
Administrator.
Cross reference(sy -Outdoor Lighting, Ch. 176.
(S) Landscape Regulations: Urban Forester.
Cross reference(s�—Landscape Regulations, Ch. 177.
M Sidewalk Cafes: Zoning and Development
Administrator.
Cross reference(s)—Sidewalk Cafes, Ch. 178.
(Code 1965, App. A, Art. 9 (1), App. B, VII, App. C, Art. V,
§A; Ord. No. 1747, 6-29-70; Ord. No. 1750, 7-6-70; Ord. No.
2697, 1-20.81 ; Code 1991 , §§150.08, 159.65, 160.190,
162.03, 163.06; Ord. No. 3699, §3, 4-20-93; Ord. No. 3963,
§9, 4-16-96; Ord. No. 4100, §2 (Exh. A), 6-16-98; Ord. No.
4340, 10-2-01 ; Ord. No. 4917, 9-05-06)
152.02-152.99 Reserved
CD152:2
City of Fayetteville tl 3/0
Staff Review Form T
City Council Agenda Itemsor
Contracts
3-Apr-07 �I I � OY1
City Council Meeting Date
Jeremy PateY Planning Operations
Submitted By Division Department
Action Required:
Approval of an ordinance repealing and replacing Chapter 152: Administration of the Unified Development Code, designating
and clarifying the administrative, interpretive and enforcement authority of various sections of the UDC.
$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 Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department Dire for Date Original Contract Date: n/a
Original Contract Number: n/a
Ci�ty/Attorney
Received inCler Office
CEENflm
Finance and Internal Service Director Date
�� n Received in Mayors Office
/!y//C/1!/tia�1 r
Mayor Date
Comments:
City Council Meeting of April 03, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy Pate, Director of Current Planning
Date: March 07, 2007
Subject: Repeal and Replace Ch. 152 Administration of the UDC
RECOMMENDATION
Planning Staff recommends approval of an ordinance amending the Unified Development
Code which would repeal and replace the current Ch. 152 Administration. This Chapter
designates the City staff responsible for the administration, interpretation and
enforcement of various sections of the UDC.
BACKGROUND
Pursuant to City Code, the City Council designates certain persons responsible for the
administration, interpretation and enforcement of various sections of the City Code. This
includes the Fire Chief, Police Chief, Building Official, City Engineer,. `. Zoning and
Development Administrator, Urban Forester, etc. There are currently 29 chapters within
the Unified Development Code, many of which have no one designated for
administration. Staff has historically simply taken on the responsibility as needed to
ensure the ordinances the City Council has adopted are administered and enforced. It is
only in times of interpretation challenges that this practice become more difficult,
especially for appeals and variances. Staff proposes the clarification of administration of
each applicable chapter of the UDC; further, some chapters require more than one
administrator, for it may involve both Engineering and Planning, for instance. These have
been itemized as needed, and reviewed by the parties involved.
DISCUSSION
The proposed changes serve primarily to enhance clarity of administration, interpretation
and enforcement authorities as designated herein.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REPEALING AND REPLACING CHAPTER
152, ADMINISTRATION, OF THE UNIFIED DEVELOPMENT
CODE TO DESIGNATE AND CLARIFY THE
ADMINISTRATION, INTERPRETATION AND ENFORCEMENT
AUTHORITY OF VARIOUS SECTIONS OF THE UDC
BE IT ORDAINED BY THE CITY COUNCIL OF THE/, ITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 : That Chapter 152 : Administration, of,the Code o Fayetteville, is hereby
repealed and Exhibit "A" is inserted in its stead.
See Exhibit "A" attached hereto and made a pai hereofi y
u :.
PASSED AND APPROVED this \s ay of , 2007.
v
A .PROVED /` -
By:
DYAN COODY, Mayor
By:
SONDRA SMITH;Ci7 ty Clerlc
Y. p
TITLE XV UNIFIED DEVELOPMENT CODE
Exhibit A
CHAPTER 152: ADMINISTRATION
152.01 Administrators Designated (1) Zoning Districts and Regulations: Zoning and
The following listed sections of the UDC shall be Development Administrator.
administered, interpreted, and enforced by the person
designated, or his/her duly authorized representative. (2) Use Units and Use Conditions: Zoning and
Development Administrator.
(A) Amendments: City Attorney.
(3) Nonconforming uses and structures: Zoning
Cross reference(s)—Amendments, Ch. 154. and Development Administrator.
(B) Appeals: City Attorney. (4) SupplejeenVary District Regulations: Zoning
and Development Administrator.
Cross reference(s) -Appeals, Ch. 155.
(5) Airport zoning. Building Safety Director.
(C) Variances:
Cross reference(s)—Zoning Regulations, Ch. 160-165.
"tr
(1) Zoning, Development, Sign Regulations: .,.�•. ,
Zoning and Development Administrator. (H) Development: ,
(2) Stormwater Drainage and Erosion Control: (1 ) Streets, Curbs gutters,. sidewalks: City
City Engineer. Engmeer.
(3) Airport Zone: Building Safety Director. (2) Grading Storm drainage systems: City
ngineer.
(4) Landscape Regulations: Urban Forester:
tea,
(3) Culverts and bridges: City Engineer.
Cross reference(s)—Variances, Ch. 156. ,..:.
a) Water 'annd� anitary sewer: City Engineer.
(D) Notification and Public earings: Zoning and (5) P Wand dedication: Zoning and
Development Administr to . Development Administrator.
Cross reference(s}--N0 . cation & Public earings, (6) Master Street Plan: . Zoning and
Ch. 157. Development Administrator.
(E) Bonds and Guarantees: City Engineer and•^
Zoning and•Development Administrator. (7) All other development regulations: Zoning
and Development Administrator.
Cross ref rence(s)--9on and Guarantees, Ch. 158. Cross reference(s)—Development, Ch. 166.
(F) Fes: (1) Tree Preservation and Protection: Urban
(1) Fe Schedule: Zoning and Development Forester.
Administrator, City Engineer, Building Safety Cross reference(s)--Tree Preservation and Protection,
Directo as applicable). Ch. 167.
(2) Water and Wastewater Impact Fees: City (J) Flood Damage Prevention: Floodplain
Engineer. Administrator.
(3) Police and Public Safety Impact Fees: Cross references)—Flood Damage Prevention, Ch.
Building Safety Director. 168.
(4) Fire Protection System Impact Fees: (K) Physical Alteration of Land: City Engineer.
Building Safety Director.
Cross reference(s}—Physical Alteration of Land, Ch.
Cross references)—Fees, Ch. 159. 169.
(G) Zoning (Ch. 160-165): (L) Stormwater Management, Drainage and Erosion
Control: City Engineer.
CD152:3
Fayetteville Code of Ordinances
Cross reference(s�—Stonnwater Mgt, Drainage &
Erosion, Ch. 170.
(M) Streets and Sidewalks:
(1) Streets: City Engineer.
(2) Sidewalks: City Engineer or his designee.
Cross reference(s)-Streets and Sidewalks, Ch. 171 .
(N) Parking and Loading: Zoning and Development
Administrator.
Cross reference(s)—Parking & Loading, Ch. 172.
(0) Building Regulations: Building Safety Director.
Cross reference(s)—Building Regulations, Ch. 173.
(P) Signs: Zoning and Development Administrator.
Cross reference(s)—Signs, Ch. 174.
(Q) Manufactured Homes/Parks: Building Safety
Director.
Cross reterence(s)—Manufactured Homes �Ca d
Manufactured Home Parks, Ch. 175. \\'1
(R) Outdoor Lighting: Zoning and Develop
Administrator.
Cross reference(s}-Outdoo�rlLig�htingCChh. 176. .
(S) Landscape Regulatio s:% rban Forester.}'
Cross reference(s)—L ndscape Regulat�nsCh.�177
(n SdewalkCxafes: Zoning—grand Development
Administrato
C oss re
ference(sH-Sitlewatk Cafes, h 78.
7�
(Code 1 %,,App. A, Art. 9 (1) App rB, VII App C%Art. V,
§A; Ord.. No Id747, 6-29-70; Ord No� 17 017-6-7 0;*Ord. No.
2697 120`-81; ode 1991 , §§15008;;: 15965 160.190, -
162.03, 163.06;Oid�No. 3699 §3, 4-20=93; Ord. No. 3963,
§9, 4-16-96; Ord.o.,4100, §2 (Exh..JA),'6-16-98; Ord. No.
4340, 10-2-01 ; Ord. No. 4917, 9-05-06]
152.02-152.99 Re`s�ed `
CD152:4
'EXIMT IQ Cone. N. 152
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 152 : ADMINISTRATION
152.01 Administrators Designated (2) Vegetative elements: Landscape
The following listed sections of the UDC shall be Administrator.
administered, interpreted, and enforced by the person
designated, or his/her duly authorized representative. (J) Outdoor Lighting: Zoning and Development
Administrator.
(A) Streets and Sidewalks:
(K) Landscape Regulations: Urban Forester
(1) Streets: City Engineer. (Landscape Administrator)
(2) Sidewalks: City Engineer or his designee. Cross reference(s)—Stormwater Management,
Drainage and Erosion Control, Ch. 170.
Cross reference(s)—Streets and Sidewalks, Ch. 171 . (Code 1965, App. A, Art. 9 (1), App. B, VII, App. C, Art. V,
B Flood Damage Prevention: Floodplain §A; Ord. No. 1747, 6-29-70; Ord. No. 1750, 7-6-70; Ord. No.
(B) 9 P 2697, 1-20-81 ; Code 1991 , §§150.08, 159.65, 160.190,
Administrator. 162.03, 163.06; Ord. No. 3699, §3, 4-20-93; Ord. No. 3963,
§9, 4-16-96; Ord. No. 4100, §2 (Exh. A), 6-16-98; Ord. No.
Cross reference(s)—Flood Damage Prevention, Ch. 4340, 10-2-01 : Ord. No. 4917, 9-05-06)
168.
152.02-152.99 Reserved
(C) Signs: Zoning and Development Administrator.
Cross reference(s)_Signs, Ch. 174.
(D) Development: Zoning and Development
Administrator.
Cross reference(s) -Development, Ch. 166.
(E) Zoning:
(1 ) Use conditions: Zoning and Development
Administrator.
(2) Nonconforming uses and structures: Zoning
and Development Administrator.
(3) Airport zoning: Building Safety Director.
Cross references)--Zoning Regulations, Ch. 160-165.
(F) Parking and Loading: Zoning and Development
Administrator.
Cross reference(s)--Parking and Loading, Ch. 172.
(G) Physical Alteration of Land: City Engineer.
Cross reference(s)—Physical Alteration of Land, Ch.
169.
(H) Tree Preservation and Protection: Landscape
Administrator.
Cross reference(s)--Tree Preservation and Protection,
Ch. 167.
(1) Stormwater Management, Drainage and Erosion
Control:
(1 ) General: City Engineer.
CD152:3
(4/6/2007) Lisa Branson -_Ord_ 5000 _ Page 1
From: Lisa Branson
To: Pate, Jeremy
Date: 4/6/2007 11 :45 AM
Subject: Ord. 5000
Attachments: 5000 Amend Ch 152.pdf
CC: Audit
Jeremy,
Attached is a copy of the ordinance that passed by City Council, April 3, 2007. If anything else is needed please let me
know. Have a great day!
Thanks,
Lisa
Lisa Branson
City of Fayetteville
City Clerk's Division
113 W Mountain
Fayetteville, AR 72701
(479) 575-8323
lbranson@d.fayetteville.ar.us
Arkansas Democrat (gazette
. .
Northwest Arkansas Times
Benton County Daily Record
P . O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6421
AFFIDAVIT OF PUBLICATION
I , Erin Emis, 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 5000
Was inserted in the Regular Editions:
April 12, 2007
Publication Charge : $ 163 . 53
Subscribed and sworn to before me
Thisl Q day of Q , 2007.
Notary Publicga" ovc�
My Commission Expires:
Sharlene D. Williams
Notary Public
State of Arkansas
My commission Expires
October 18, 2014
RECE1\1ED
APR 16 2007
cnciaisoi
CITY ecs
ORDINANCE MO. SOW
•
AN ORDINANCE REPEALING AND REPLACING
N, OF ME UNIFIED
DEVELOPMENT CODE TO DECHAPTER 152 SIGNATE GNATE AND CLAR- P�IV
ENFORCEMENTSAUTHORITY ATION INTERPRETATION VARIOUS
SED aye ARKANSAS
TIONS OF THE UDC
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANBAA
Section Y. That Chapter 152. Atlministration, of the Code of Fayetteville, Is hereby repealed and
Exhibit "A' Is inserted In Its stead
See Exhibit "A' attached hereto and made a part hereof.
MIMIRD AND APPROVED this 3rd day of April, 2007.
APPROVED- ATTEST.
By: By
DAN COODVr Mi SONDRA E. SMITH, CRY CkwilrTrBBBunr
Exhibit A Development Administrator.
(6) Master Street Plan: Zoning and
CHAPTER 152 ADMINISTRATION
Development Administrator.
T All other development regulations: Zoning
15201Ainglisted se tions of the O
The following listed sections of the UDC shall be and Development ADevelo ment, Ch. 165.
administered. interpreted. and enforced by the Cross reference(s)-- n antl Protection Urban
- P
person designated, or hisrher duly authorized (1) Tree Preservatio
Forester.
A) A mendmeernde.ntsCity Attorney Cross reference(s)--Tree Preservation and
(
(A) A : 167,
Cross referencets)--Amendments. Ch 154 Protection Ch
Floodplain
(B) Appeals City Attorney. Flood Damage Prevention
Atlministrator.
Cross references)--Appeals, Ch. 155.
Cross references)-Flood Damage Prevention,
(1 ) Zoning, n R ulations: Ch. 166.
(1) Zoning, Devebpient Sig a9 K Physical Alteration of Lentl' City Engineer.
Zoning and Development Atlministrator (K) pn sical Alteration of
(2) S Engineer
Drainage and Erosbn Control: Land Ch f169 ce(s)na y
Ciry Engineer L Stome ater Management, Drainage and
(3) Airport ape Building Regulations
Safety n Forelector (L)
(4) Landscape Regulations: Urban Forester Cross reterence(sy Storm Ater Mgt, Drainage
ineer
Cross refcation ndVariances, Ch. 10.
and Development
and Public Hearings. Zoning Erosion,s and S dewalks.
end Development Atlministrator. ( )
Cross reference(s)—Notification 8 Public (2) ShaSi a elks Cry ta. City Engineer or his designee
Hearings. Ch. 157.
(E) Bonds and Guarantees. City Engineer and Cross reference(s)--Streets and Sidewalks, Ch.
Zoning and Development Administrator 171,
N Perkin antl Loatling-. Zoning and
Cross reference(s)—Bonds and Guarantees. ( ) 9
Ch. 158. Development Administrator
8 Leading, Ch.
(F) Fees:
Cross retererlce(s)— 9
(1) FeeaStor, City Zoning and Development 172- Building Regulations, Building Safety
Dispute (as a City Engineer, Building Safety (0) 9 9
DPBtM (as applicable). Director.
(2) Water and Wastewater Impact Fees. City Cross reference(s}—B17
uilding Regulations, Ch.
Engineer. Fees: (P) Signs: Zoning and Development
(3) Police and Public Safety Im Pact Atlministrator.
Building Safety Director.
(4) Fire Protection System Impact Fees (Q)s Manufa tured Signs
Homes/Parks Building
Building Is Director Safety Director.
Crass referend e(a Fees, Ch. 159. Cmse referenceas —Manufactured Homes and
(G) Zoning (Cn, 160-165)'.
(1) Zoning Districts and Rag ulations: Zoning AdManufactured Ho ng: Zons^g h. 17Development
and Devebpmeof ministrator (R) Outdoor
(2) Use Units and Use Conditions. Zoning and Administrator
relratorferene(s}-0Outdoor Lighting, Cn. 96.
Development Administrator.
afr Nonconforming uses and structures: Zoning (S) Landscape
rreference(s}—Landscape Regulations,
ori Development Administrator
( In Supplementary District Regulations: Zoning (T)Sidewalk Cafes Zoning and Development
antl rpon onmgl Administrator.
(5) Airport zoning: Building Salary Director. Administrator. idewelk Cefas. Ch. 178.
Cross reference(s)—Zoning Regulations. Ch. Class(Code
APV A Art 9 (1), App S, VII, App.
160-165. C, An. V. §A', Ord. No. 1747, 6-29-70. Ord. No.
(H) Development.
(1) Sheets, Curbs, gutters, sidewalks'. City 19590, —,§ OOBrd 159.66G9160�190,81162.03,
Engineer. 4-20-93: Ord No.
(2) Grading Storm drainage systems. City 3�§9 4 16N93Ord No_ 4100 §2 (Exh. A),
Engineer. 6-16-98', Ord. No. 4340, 10.2-g1 , Ord. No. 4917,
(3) Culverts and bridges'. City Engineer.
(4) Water and sanitary sear: City Engineer 9-05-06)
(5) Parkland dedication'. Zoning and 152.02-152.99 Reserved
RECEIVED
APR 16 2001
C17Y OF FAYETPEVIl1_E
CITY CLERICS OFFICE