HomeMy WebLinkAboutOrdinance 5029 ORDINANCE NO. 5029
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CODE OF FAYETTEVILLE
TO AMEND CHAPTER 151 : DEFINITIONS, CHAPTER 161 :
ZONING REGULATIONS AND CHAPTER 163: USE
CONDITIONS IN ORDER TO CLARIFY ARTIST STUDIOS
AND HOME OCCUPATIONS AND TO PERMIT THEIR USE IN
THE DOWNTOWN CORE, MAIN STREET CENTER AND
DOWNTOWN GENERAL ZONING DISTRICTS.
WHEREAS, the City of Fayetteville recognizes the importance of artist
studios in the downtown area; and
WHEREAS, the City of Fayetteville recognizes that the ability for an artist to
display and sell their work from their place of residence is desirable; and
WHEREAS, the City of Fayetteville strives to maintain public safety through
the use of building regulations for both residential and non-residential uses;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That Chapter 151 : Definitions is amended by replacing the
definition of an Artist Studio, a copy of which marked Exhibit "A" is attached hereto
and made a part hereof.
Section 2. That Chapter 161 : Zoning Regulations is amended to make Artist
Studios/Home Occupations a Use by Right in the Downtown Core, Main Street
Center, and Downtown General Zoning Districts, a copy of which marked Exhibit "B"
is attached hereto and made a part hereof.
Section 3. That Chapter 163: Use Units is amended to clarify Building
Regulations as they relate to §163.09 Home Occupations, a copy of which marked
Exhibit "C" is attached hereto and made a part hereof. '11WIM,,,,,
�.•\��EtK/T
,�GY OF •G,p�
PASSED and APPROVED this the 19th day of June, 2007. � ; • A
; FAYETTEVILLEO
APPROV ATTEST: ys,9R/fANSPoo,3$
y y: uuuuw
DAWCOODY, ayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT $'A'$
Chapter 151: Definitions Is amended by replacing the definition of an artist studio with the
following language:
Artist Studio. (Zoning) Any building or place of business where Artists use the premises for the
creation, sale and/or display of art or craft work.
EXHIBIT "B"
Chapter 161: Zoning Regulations is amended making Use Unit 24 Home Occupations a
Permitted Use instead of a Conditional Use in the Downtown Core, Main Street Center and
Downtown General Zoning Districts.
Language to be removed from the following sections:
161 .20(B)(2) Unit 24 Home Occupations
161 .21 (B)(2) Unit 24 Home Occupations
161 .22(B)(2) Unit 24 Home Occupations
Language to be added to the following sections:
161 .20(B)(1 ) Unit 24 Home Occupations
161 .21 (B)(1 ) Unit 24 Home Occupations
161 .22(8)(1 ) Unit 24 Home Occupations
EXHIBIT "C"
Chapter 163: Use Conditions is amended by clarifying Building Regulations as they relate
to §163.09 Home Occupations.
The first paragraph of Section 163.09 is replaced with the following paragraph:
163.09 Home Occupations In any dwelling unit in any zoning district where home occupations
are permitted by right or conditional use, said home occupations shall not occupy more than 30%
of the gross floor area of one floor of said dwelling unit, nor more than 300 square feet of the
gross floor area, whichever is greater. For Building Regulations purposes, any non-residential use
that exceeds 30% of the gross floor area of one floor of said dwelling unit or more than 300
square feet of the gross floor area of the structure shall meet all applicable building and Unified
Development Code regulations and shall not be considered a home occupation. These limitations
shall not apply to foster family care, or the providing of room or board as an accessory use only.
Home occupations that require a conditional use permit shall be subject to the following
regulations:
o �v
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
19-Jun-07
City Council Meeting Date
Leif Olson Planning Operations
Submitted By Division Department
Action Required:
ADM 07-2588: Ordinance to amend the UDC Chapter 151 : Definitions, Chapter 161 : Zoning Regulations and Chapter 163:
Use Conditions in order to clarify regulations regarding Home Occupations.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
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Account Number Funds Used to Date Program / Project Category Name
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Project Number Remaining Balance Fund Name
AABudgeted Item � Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
epartment Qrector Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorrey
Received in City erk's Offi
EN RED
Finance and Internal Service Director Date
Received in Mayors Office
A4sl
Mayor ate
Comments:
City Council Meeting of June 19, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Tim Conklin, Planning and Development Management Director
Gary Dumas, Director of Operations
From: Leif Olson, Long Range Planner
Date: May 31 , 2007
Subject: Ordinance to amend the UDC Chapter 151 : Definitions, Chapter 161 :
Zoning Regulations and Chapter 163 : Use Conditions in order to clarify
regulations regarding Home Occupations (ADM 07-2588)
RECOMMENDATION
Planning Staff and the Planning Commission recommends approval of an ordinance
amending various chapters of the Unified Development Code in order to clarify artist
studios and home occupations and to permit their use in the Downtown Core, Main Street
Center and Downtown General zoning districts.
BACKGROUND
The City Council approved the Downtown Master Plan Zoning Districts on October 3 ,
2006. As part of that process, artist studios were permitted in the Downtown Core, Main
Street Center, and Downtown General zoning districts. However, home occupations were
allowed only by conditional use although they are very similar in use as artist live-work
units.
The amendments proposed will clarify how much of a structure may be utilized
commercially, i.e. office, studio, etc., without being considered a "commercial structure"
subject to commercial building regulations. Additionally, the ordinance amendments will
permit said home occupations as a by right use in the Downtown Core, Main Street
Center and Downtown General zoning districts.
DISCUSSION
This item was heard at the regular Planning Commission on May 29, 2007. The Planning
Commission voted 7-0-0 to recommend approval of the amendment to the City Council.
The Planning Commission also discussed and recommended that the "artist studio"
definition be amended to "Any building or place of business where artists use the
premises for the creation sale and/or display of art or craft work."
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CODE OF FAYETTEVILLE
TO AMEND CHAPTER 151 : DEFINITIONS, CHAPTER 161 :
ZONING REGULATIONS AND CHAPTER 163: USE
CONDITIONS IN ORDER TO CLARIFY ARTIST STUDIOS
AND HOME OCCUPATIONS AND TO PERMIT THEIR USE IN
THE DOWNTOWN CORE, MAIN STREET CENTER AND
DOWNTOWN GENERAL ZONING DISTRICTS.
WHEREAS, the City of Fayetteville recognizes the importance of artist
studios in the downtown area; and
WHEREAS, the City of Fayetteville recognizes that the ability for an artist to
display and sell their work from their place of residence is desirable;
WHEREAS , the City of Fayetteville strives to maintain public safety through
the use of building regulations for both residential and non-residential uses;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That Chapter 151 : Definitions is amended by replacing the
definition of an Artist Studio, a copy of which marked Exhibit "A" is attached hereto
and made a part hereof.
Section 2. That Chapter 161 : Zoning Regulations is amended to make Artist
Studios/Home Occupations a Use by Right in the Downtown Core, Main Street
Center, and Downtown General Zoning Districts, a copy of which is marked Exhibit
"B" is attached hereto and made a part hereof.
Section 3. That Chapter 163: Use Units is amended to clarify Building
Regulations as they relate to §163.09 Home Occupations, a copy of which is marked
Exhibit "C" is attached hereto and made a part hereof.
PASSED and APPROVED this the day of , 2007.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
Chapter 151: Definitions is amended by replacing the definition of an artist studio with the
following language:
Artist Studio. (Zoning) Any building or place of business where Artists use the premises for the
creation, sale and/or display of art or craft work.
EXHIBIT "B"
Chapter 161: Zoning Regulations is amended making Use Unit 24 Home Occupations a
Permitted Use instead of a Conditional Use in the Downtown Core, Main Street Center and
Downtown General Zoning Districts.
Language to be removed from the following sections:
161 .20(B)(2) Unit 24 Home Occupations
161 .21 (13)(2) Unit 24 Home Occupations
161 .22(B)(2) Unit 24 Home Occupations
Language to be added to the following sections:
161 .20(B)(1 ) Unit 24 Home Occupations
161 .21 (8)(1 ) Unit 24 Home Occupations
161 .22(B)( 1 ) Unit 24 Home Occupations
EXHIBIT "C"
Chapter 163: Use Conditions is amended by clarifying Building Regulations as they relate
to § 163.09 Home Occupations.
The first paragraph of Section 163.09 is replaced with the following paragraph:
163.09 Home Occupations In any dwelling unit in any zoning district where home occupations
are permitted by right or conditional use, said home occupations shall not occupy more than 30%
of the gross floor area of one floor of said dwelling unit, nor more than 300 square feet of the
gross floor area, whichever is greater. For Building Regulations purposes, any non-residential use
that exceeds 30% of the gross floor area of one floor of said dwelling unit or more than 300
square feet of the gross floor area of the structure shall meet all applicable building and Unified
Development Code regulations and shall not be considered a home occupation. These limitations
shall not apply to foster family care, or the providing of room or board as an accessory use only.
Home occupations that require a conditional use permit shall be subject to the following
regulations:
Planning Commission
Mav 29, 2007
Page 10 of 12
ADM 07-2588: Administrative Item (HOME OCCUPATION/ARTIST STUDIO): An
ordinance to amend the UDC Chapter 151 : Definitions, Chapter 161 : Zoning Regulations and
Chapter 163 : Use Conditions in order to clarify regulations regarding Home Occupations.
Tim Conklin, Planning and Development Management Director, gave the staff report. He
described the difference in home occupations and a business designation, with reference to size
and commercial versus residential codes. The amendment would allow an artist to live in the
same place as an artist studio, where art/crafts were made and/or sold.
No public comment was received.
Commissioner Lack questioned the term "merchandise," if anything could be sold.
Conklin stated the intent was not to limit merchandise sold on the property to be made on the
property.
Commissioner Lack questioned if flour (or any other merchandise) could be sold on the property.
Kit Williams, City Attorney, stated that attempting to define art was very difficult, and noted
merchandise could be changed to "the artist's work product," so that it is the artist' s product that
could be sold, not someone else' s.
Commissioner Lack stated that would limit other artist's from a gallery showing, potentially, and he
was in favor with a gallery exhibition in such a manner.
Conklin stated it was not staff's intent to overly regulate the "art" made or sold on the premises, but
to allow someone to live in the same place they worked.
Commissioner Myres stated an artist' s work product/craftperson's work product could be used, but
there were examples, such as pottery, where the pottery was rarely made on the same site as where it
was sold.
The Planning Commission and staff discussed artist's studio options, Use Unit 12, and how this fit
into residential and commercial codes.
Commissioner Graves noted he did not take issue with the amendment before the commission, but
the special exception granted to artists seemed out of line and he did not like that, necessarily.
Commissioner Lack and Commissioner Cabe offered amended language for the ordinance, as
follows: "Any building or palce of business where Artists use the premises for the creation, sale
and/or display of art or craftwork. . . ."
Planning Commission
May 29, 2007
Page 11 of 12
Motion•
Commissioner Cabe made a motion to forward the item to the City Council with a recommendation
of approval, with the modifications as discussed on the record to be made by staff. Commissioner
Lack seconded the motion. Upon roll call, the motion passed with a vote of 7-0-0.
.2.07 Clarice Pearman - Ord. 5026, 5027, 5028&5029 Page 1 J
From: Clarice Pearman
To: Pate, Jeremy
Date: 7.2.07 4:25 PM
Subject: Ord. 5026, 5027, 5028 & 5029
Attachments: 5029 Amend Ch 151-161 & 163.pdf;
166.pdf; 5026 R-PZD 07-2531.pdf
5027 VAC 07-2568.pdf; 5028 Amend 161-163 &
CC: Audit; GIS
Jeremy:
Attached are the above ordinances passed by Council, June 19, 2007. Please let me know if there is anything else needed. Have a
good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, C.A.M.C., C.M.C.
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
coearman@cifayetteville.ar.us
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Nathan Bogart, 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
City of Fayetteville: Ordinance No. 5029
Was inserted in the Regular Editions on:
July 5, 2007
Publication Charge: $147.70
Subscribed and sworn to before me
This day of , 2007.
Notary Public 9
ep
My Commission Expires:
07-� ao(J
)4*NOTE** Please do not pay from Affidavit.
Invoice will be sent.
RECE!VED
JUL 0 v 2001
-' - CITYCF FAYETUEVILLE
CITY CLERti $ CFI ICE
Chursday, Jujt& 2007`
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,ie say off Fryaeiaie naop+4lN-tafmpatenoe'al rtr aathe dariman
area; and
■IWA{. the City of Fayehrwne recognizes alai the ability for an Star to display and sell their
work from their place of residence is desiable: and
r Ai, the City of Fayetteville strivesto transient public safety through the use of building rag-
uWiora for both realgentel and non-ro sldaaW haw;
NOW, 71aPOIR K IT OIIYri IY:U_ WY COUNCIL OF TIC CITY OF
FAY077MW. AWKANY4
Section 1. That Chapter 161: Defndaa Is rnrWatlby rapackp t» defnkion ot an Mist Sardio, a
copy of which marked Exhibit Ais attached hereto and made a pal hereof.
Section 2. That Chapter 161: Zoning Wpylatlua is amended to make Arta SOAWa*lana'
Occupations a Use by Right in rile Doenbwn Core, Main Snot Cantor, rid DovwkWSm Genes
Zoning Diwicts, a copy of which mrkpEatbit'9 is atedwd hereto and inside Is pwrtheae§.
Section 3. That Chapter 163: Use Uite he snsnded to cant' Building Regulations se they slat, to
§t63.WHmw Occupalbne, a copy ofwhic hmarked 5Neibt 'C' is attached hereto and made a Bert
hereof.
•
FAft)l end an -We this to 19th day d Aaw. 2007.
APPROVED: ATTEST:
By.
MN ry OOOOY, Nar f01WNA L M TN, City CkdkgV uwar
EXHEIT "A'
Chapter 151: Oef,/tora a sne ceded by fepleceg the diMiitarn tan Mist SR40 wt', the "calng
Wguapa:
Amat Studio. (Zoni g) Any building or place of b sne.s where Mists use the prerdses for the ore -
Son, We sWar display of art or craft wok.
ENI9iT'B'
Chapter 161: Zoning Repulsion is amended co ang.Use Unit 24 Hare Occupaictw a Pe mitled
Use Instead of a CaMaorM Use In the Dowawwn Cat, Men street Critter and Downtown General
Zoning Districts.
Language to be rmva d from Ua following sections:
161.20(8X2) Unit 24 Home Occapatloni
161.21(sX2) Ulhtt 24 Mane Occtpabna
161.22(BX2) Unit 24 Han Occupations
t�61 20(BX I) UnBXI) it 24HHom Occupations
to the folIa.c aeatlsr:
161.21(BXI) Unit 24 Horne Occupations
161.22(8)0) Link 24 Hans Occupations
EXHIBIT 'C'
Chapter 163: Use Ca,dtinne a a'nandedbydw ly4g&aidtvg Repufaiom ere me, to 183.
Man acapetaw.
The Mr*,psayeph of Section 163.06 Is rspfaca' with flit following paragraph
163.09 Hare OccupataaIn any dSling sit In awry eonng district where bare ooapetans ere
pamend by right a condtions uaa, said hen occsWtons shall rat occupy mere than 30% of to
paw floor area of one door of sold passing u0, nor mere than 30D souaw hat Of to gross floor
are., whichever IS peeler. For Building Regulations purposes, any nonresidential use Nest exceeds
30% of to gran floor urn at as doorof Wd dwNag won or more fan 300 sq mm feet tithe grow
floor area ci Patircbre ah$tps t all applicable building arid Unified Dwelopnwm Cods ragus-
tone she VS not be emotions" litres occupat on. Three umitadon shall not apply to aster isn
ly un, a tN p..drgS to bawd So n axeaIs. oSy 110400aa axupetlNeer nquks
a carrdfwIIWS pNtli elMt, WfubIto In lDIoM g reguletlms:
RECEIVED
JUL 0 u 2001
CITY CF FAYETTEVILLE
CITY CLERK'S CFrICE