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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 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 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.