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.
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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.
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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
Budgeted Item Budget Adjustment Attached
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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