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HomeMy WebLinkAboutOrdinance 5103 ORDINANCE NO. 5103 AN ORDINANCE AMENDING § 163.09 HOME OCCUPATIONS OF THE UNIFIED DEVELOPMENT CODE TO PERMIT LIMITED SIGNAGE IN RSF-4 ZONES. WHEREAS, certain governing bodies and licensing boards of occupations within the State of Arkansas require practitioners to display a sign indicating to the public the engagement of a respective business within; and WHEREAS, many independent small businesses within Fayetteville occupy homes and are approved by the Planning Commission through the Home Occupation permit process; and WHEREAS, § 163.09 Home Occupations of the Unified Development Code disallows any signage whatsoever for home occupations approved within Residential Single Family districts; and WHEREAS, the City of Fayetteville encourages small businesses within homes where appropriate, and as approved by the Planning Commission's Conditional Use Permit process; 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 repeals § 163 .09 (B) and replaces it as follows: (B) Sign/evidence of business. No advertising, display, storage or other external evidence of business shall be permitted, except that for each dwelling unit with a permitted home occupation, one unanimated, non-illuminated home occupation sign which identifies the home occupation shall be permitted, if such sign is erected flat against a wall or door or is displayed in a window, and does not exceed three (3) square feet in area. Provided, no wall sign shall be permitted in an RSF District, except in the case of a home occupation, where it is required by the applicable licensing board, subject to proof of said requirement and the criteria above. No freestanding signs shall be permitted for home occupations in any zone. �RK/TRS�''% PASSED and APPROVED this 15th day of January, 2008. ac;''o�Z Y ` rci � • A . APPROVED: ATTEST: c ; FAY ETTEVILLE ; 4,P s . "By.DAN COODY, MSMITH, City Clerk/Treasurer City of Fayetteville Staff Review Form C I D3 City Council Agenda Items J or A6 9r Contracts 15-Jan-08 City Council Meeting Date Jeremy Pate4y Planning Operations Submitted By Division Department Action Required: Approval of an ordinance amendment to the Unified Development Code Ch. 163 .09 Home Occupations, to permit limited signage where required by other governing bodies to operate within the State of Arkansas. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a We n/a :d Account Number Funds Used to Date Program / Project Category Name Na n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached �O7 Previous Ordinance or Resolution # n/a De pa ment Dir or Date Original Contract Date: n/a Original Contract Number: n/a City Attom pp nn Received in City Clerk EO Finance and Internal Service Director Date Received in Mayors Office Mayor J Date Comments: City Council Meeting of January 15, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: 26 December, 2007 Subject: Ch. 163.09 Home Occupations Sign Amendment RECOMMENDATION Staff recommends approval of an ordinance amending Ch. 163.09 Home Occupations of the Unified Development Code to permit limited wall signage in those instances where signage is required by a licensing board or other governmental entity to conduct business. BACKGROUND Signs are primarily regulated by Ch. 174 Signs, of the Unified Development Code. However, there are more stringent regulations imposed upon certain uses in residential zones in other area of the UDC; home occupations are one of these instances. A home occupation is a profession, occupation or avocation conducted within a dwelling unit for which compensation is received, traffic is generated, only immediate family members residing within the home are employed, and no structural evidence of a business exists. Home occupations are approved by the Planning Commission by way of a Conditional Use Permit, and are reviewed on a case by case basis. For signage, home occupations are rather limited, and perhaps rightly so, because they are typically located within neighborhoods. A maximum three-square foot sign is permitted, permanently erected flat against a wall, door or window. However, within RSF districts, no signage is permitted, even if a home occupation is approved by the Planning Commission. DISCUSSION Staff proposes a minor amendment to the Home Occupation ordinance, to permit the same limited signage within RSF districts as other districts if, and only if, a licensing board or governing body requires said signage to conduct the approved business. Wall signs and freestanding signs would remain to be prohibited in Residential Single Family (RSF) districts as a use by right, with the exception of exempted signs; however, when a home occupation conditional use permit is approved by the Planning Commission, the applicant would be permitted to install a wall sign, with the same limitations of other zoning districts in the Home Occupation ordinance, if the applicant provides evidence another governing entity or licensing board requires it. This amendment would allow City Council Meeting of January 15, 2008 Agenda Item Number certain low-intensity occupations or professions to occur — as many do within the City currently — and permit others that are required to have signs in order to conduct business. An common example is a real estate agent/broker: Under Arkansas law, A.C.A 17-42- 309 requires a principal broker to "display a permanently attached sign bearing the name under which the broker conducts his or her real estate business and the words `real estate,' `realty,' or other words approved by the commission which clearly indicate to the public that the broker is engaged in the real estate business." The City's codes clearly indicate a "real estate agent" is a permitted home occupation. However, even if the City chooses to approve the home occupation within an RSF district, a sign could not be erected; therefore the business could not legally occur. This seems to be in conflict, thus staff's proposed amendment. The purpose of the requested amendment is to allow for well-suited occupations, professions and avocations to continue to pursue conditional use permits for home occupational businesses, and where required, to permit small wall signs within RSF districts under the same regulations as already allowed for other zoning districts under Ch. 163.09 Home Occupations. BUDGETIMPACT None. 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 FROM : Kit Williams, City Attorney DATE : December 28, 2007 RE : Home Occupation Sign Amendment In order to help preserve residential neighborhood quality, our home occupation code section ( 163 .09) does not allow even the small (three square feet) home occupation signs normally exempted from further regulation by the sign ordinance. ( See § 174.03 Exemptions (D) Home Occupation signs) Because of this prohibition, a realtor who wished to move his office to his home was faced with a "Catch-22 " . State law requires "a permanently attached sign bearing . . . the words 'real estate,' 'realty,' or other words approved by the commission which clearly indicate to the public that the broker is engaged in the real estate business. " A.C. A. § 17-42-309. Our ordinances prohibit such state mandated signs. After discussing this with Jeremy Pate, we decided to recommend to the City Council a limited exception to the City's restriction if' state law or regulations require a sign for a permitted home occupation . Jeremy drafted the proposed amendment to § 163 . 09 of the UDC which I support to avoid a conflict between state and city laws. ORDINANCE NO, AN ORDINANCE AMENDING § 163 .09 HOME OCCUPATIONS OF THE UNIFIED DEVELOPMENT CODE TO PERMIT LIMITED SIGNAGE IN RSF-4 ZONES. WHEREAS, certain governing bodies and licensing boards of occupations within the State of Arkansas require practitioners to display a sign indicating to the public the engagement of a respective business within; and WHEREAS, many independent small businesses within Fayetteville occupy homes and are approved by the Planning Commission through the Home Occupation permit process; and WHEREAS, § 163.09 Home Occupations of the Unified Development Code disallows any signage whatsoever for home occupations approved within Residential Single Family districts; and WHEREAS, the City of Fayetteville encourages small businesses within homes where appropriate, and as approved by the Planning Commission's Conditional Use Permit process; 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 repeals § 163.09 (B) and replaces it as follows: (B) Sign/evidence of business. No advertising, display, storage or other external evidence of business shall be permitted, except that for each dwelling unit with a permitted home occupation, one unanimated, non-illuminated home occupation sign which identifies the home occupation shall be permitted, if such sign is erected flat against a wall or door or is displayed in a window, and does not exceed three (3) square feet in area. Provided, no wall sign shall be permitted in an RSF District, except in the case of a home occupation, where it is required by the applicable licensing board, subject to proof of said requirement and the criteria above. No freestanding signs shall be permitted for home occupations in any zone. PASSED and APPROVED this day of 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer Marked=Ua Revisions 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 Poor 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: (A) Exterior alterations. No exterior alterations of the structure may be made which are of a nonresidential nature. (B) Sign/evidence of business. No advertising, display, storage or other external evidence of business shall be permitted, except that for each dwelling unit with a permitted home occupation, one unanimated, nonilluminated home occupation sign which identifies the home occupation shall be permitted, if such sign is erected flat against a wall or door or is displayed in a window, and does not exceed three (3) square feet in area Prev�� l�1ed, no wsll,sfpn ahpll :be permflt4tl in sin #SF 4igtrlct, oXe upas of a home ocerton, rZliare :k is r6gu11911 f EEhPs: 0JWM0lI"rJ4IQ boapQ q tsJo piroof of aaI4 requirement and gii criteria above No freeatandfng signs shsll,tie penin , `_ 'iorhome occupations In any zone (C) Employees. No person may be employed other than a member of the immediate family residing on the premises. (D) Mechanical equipment. No mechanical equipment may be used which creates a disturbance such as noise, dust, odor, or electrical disturbance. (E) Parking. No parking spaces other than normal residential parking spaces shall be permitted. (F) Additional regulations. Home occupations in an RSF District shall be subject to the following additional regulations: (1 ) Term. No conditional use permit for a home occupation in any RSF District shall be issued for a period exceeding one year, but such a permit may be for a period shorter than one year. Upon expiration of a conditional use permit, the Zoning and Development Administrator shall have the authority to renew a conditional use permit for the same period as originally authorized, if the Zoning and Development Administrator has received no complaints or opposition from residents of the neighborhood in which the home occupation is located. The Zoning and Development Administrator may refer any proposed renewal of a conditional use permit to the Planning Commission for final decision. (2) Hours. No home occupation shall be open to the public earlier than 7:30 a.m. or later than 5:30 p.m.; provided, the Planning Commission may vary the restrictions imposed hereby upon a determination that such a variance will not adversely affect the health, safety, peace, tranquility, or welfare of the neighborhood in which the home occupation is located. (3) Traffic. No home occupation shall be allowed in an RSF District H the Planning Commission determines that the home occupation would generate such excessive traffic as would adversely affect the safety, peace, tranquility or welfare of the neighborhood. (3) An application for renewal filed after September 30 of any year shall be treated as an application to renew an expired license. (c) If any person to whom a valid license may have been issued permits the license to expire for a period not in excess of that established by the commission, the commission shall issue to the person a current license without requiring the person to submit to any examination if the person furnishes such information as the commission requires, including proof of completion of appropriate continuing education requirements, and pays such fee as the commission requires. (d)( 1 ) Beginning January 1 , 2002, new salesperson and broker licensees shall complete post-licensure education in accordance with § 1742-303(c). (2) If the licensee fails to complete the post-licensure education requirements within twelve ( 12) months after the date the license was issued, the commission shall place the license on inactive status until the commission receives documentation that the licensee has completed the post-licensure education requirements. 1742-308. Inactive license. (ax 1 ) A licensee may place his or her license on inactive status. (2) The holder of an inactive license shall not practice as a real estate broker or salesperson in this state without first activating the license. (b) An inactive license which is not renewed shall be treated as an expired license pursuant to § 17-42-307. (c) Inactive licenses may be activated upon compliance with requirements established by the commission, including payment of appropriate fees. (d) The provisions of this chapter relating to disciplinary action against a licensee shall be applicable to an inactive or expired license. ►� ' �'�' 17-42-309. Place of business. (a) Every principal broker shall maintain a place of business and shall display a permanently attached sign bearing the name under which the broker conducts his or her real estate business and the words "real estate," "realty," or other words approved by the commission which clearly indicate to the public that the broker is engaged in the real estate business. (b)( 1) If a principal broker maintains a branch office, a duplicate license shall be issued upon payment by the principal broker of such initial fee and, thereafter, such renewal fee as the commission may require pursuant to § 17-42-304. (2) Provided, however, a duplicate license shall not be issued for a branch office at which an executive broker or associate brokers or salespersons are assigned unless such branch office has its own principal broker. 17-42-310. Change of name or address - Lost license or card. (a)(l ) When a licensee changes his or her name, place of business, or address shown on the license, or loses a license or pocket card, he or she shall promptly notify the commission of such change or loss. - (2) Upon receipt of such notice and payment of the relevant fee, the commission shall reissue the license. (b) It is the responsibility of each licensee to keep the commission notified of his or her mailing address, both home and business, at all times. (1-1-02) Page 11 (1 . 18.08) Clarice Pearman - Ords. 5102 & 5103 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 1.18.08 5: 10 PM Subject: Ords. 5102 & 5103 Attachments: 5104 Amend 166.06(A)(1) Location.pdf; 5103 Amend 163.09 Home Occupations.pd f; 5102 R-PZD 07-2763 Skate Place II.pdf CC: Audit Jeremy: Attached are the above ordinances passed by City Council. If there is anything else needed please let me know. Have a good weekend. Thanks. Clarice Arkansas Democra-OF05axette Northwest Arkansas Times RECEIVED Benton County Daily Record JAN 2 8 2008 P. O. BOX 1607 CiCITYTY OFCLEFAYETTEVILLE 'S FAYETTEVILLE , AR 72702 RKOFFICE PHONE: 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Cathy Wiles, 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 5103 January 23, 2008 Publication Charge: $ 73 . 85 Subscr' ed and orn to before me ThisZMay of a 0 -a 2008 . Notary Public ___ Janice Darien NotatYpabli4 State 01 A*an"2 m County My Commission Expires: my w rxeirwiVW4 ( L5� �� I -I Do not pay from Affidavit, an invoice will be sent _ RECEIVE ORDINANCE NO, 3103 JAN 2 ( AN ORDINANCE AMENDING §163.09 HOME O 20�� OCCUPATIONS IT THE UNIFIED DEVELOPMENTTaye A�� A U ' CODE TO PERMIT LIMITED SIGNAGE IN HOME [G} [(v] 1 ZONES. CITY OIFY FAY , WHEREAS, certain governing bodies and licens. ARKANSAS a�"��-rt8$ QFF( t ing boards of occupations within the Stale Of Arkansas require practitioners to display a sign indl- eating to the public the engagement of a respective business within; and homes and are WHEREAS, many Independent small businesses within Fayetteville Occupy approved by the Planning Commission through the Home Occupation permit process; and WHEREAS, §16309 Horne Occupations of the Unified Development Code disallows any signage whatsoever lot home Occupations approved wANn Residential Single Family districts; and WHEREAS, the City of Fayetteville encourages small businesses within homes where appropriate, and as approved by the Planning Commission's Conditional Use Permit process; - NOW, THEREFORE BE 7T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ,r FAYETTEVILM ARRANSASi + Settlor 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals §163.09 (B) and i replaces it as follows. _ 4 (B) Sign/widence of business, No advertising, display, storage Or other external evidence of busi- 1 ness shall be permitted, except that for each dwelling unit with a permeed horns Occupation, one unanknated, ran-illuminated hone Occupation sign which identities the home occupation shall be permitted, If such sign Is erected flat against a wall or door or is displayed in a window, and does not exceed three (3) square feet in area. Provided, no wall sign shall be permitted In an RSF District, except in the case of a bare occupation, where A is required by the applicable licensing hoard, sub jecl to proof of said requlremeN and the criteria above. No freestanding signs shall be permitted for home occupations in any zone. PASSED and APPROVED this 151h day of January, 2006. APPROVED, ATTEST. t DAN COODY, May" SONDRA E. SMITH, Clty CNIIVTmatunr