HomeMy WebLinkAboutOrdinance 5183 ORDINANCE NO. 5183
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT
CODE BY REPEALING AND REPLACING CHAPTER 157:
NOTIFICATION, TO CONSOLIDATE AND CLARIFY
REQUIRED NOTIFICATION FOR ITEMS BEING
CONSIDERED AT CERTAIN PUBLIC MEETINGS.
WHEREAS, the City of Fayetteville encourages an informed public citizenry regarding
actions being taken by various boards and committees throughout municipal government; and
WHEREAS, Chapter 157 of the Unified Development Code outlines the manner in which
notification is required for certain public meetings such as the Planning Commission, Subdivision
Committee and Board of Adjustment; and
WHEREAS, the existing code can be greatly improved by consolidating the various and
different timeframes and methods of notification to achieve a more efficient, effective and
consistent means of notification; and
WHEREAS, the improvements will streamline and clarify the requirements for applicants
while ensuring appropriate interested citizens are notified with ample time and information of
pending decisions;
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 and
replaces Unified Development Code Chapter 157: Notification, as shown as "Exhibit A" attached
hereto and made a part hereof. RK%fFs.,,
PASSED and APPROVED this 7'h day of October, 2008.
c ; FAYETTEVILLE '
APPROVED: ATTEST: �L, •e <�
� O/fANSPOJ2a
/ d�ilkGTON � . `P
By: By: �iflinl R�r C o l�MAA .1�i uw "`
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Exhibit "A"
ADM 08-3021
Page 1 of 7
TITLE--&X)aUNIF, IED: DEVELOPMENT CODE
- � . ; .�..�-gam _ .. �.
CHAPTER" 167:, NOTIFICATION AND . PUBLIC HEARING&
157.01 GENERAL REQUIREMENTS/ INFORMATION ..............................................................................3
157.02 DEVELOPMENT ..............................................................................................................................4
157.03 ANNEXATION AND ZONING MAP AMENDMENTS ......................................................................5
157.04 PLANNED ZONING DISTRICT........................................................................................................5
157.05 CONDITIONAL USE PERMIT..........................................................................................................6
157.06 VACATIONS OF RIGHTS-OF-WAY AND EASEMENTS ...............................................................6
157.07 BOARD OF ADJUSTMENT.............................................................................................................6
157.08 UNIFIED DEVELOPMENT CODE ...................................................................................................7
157.09 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS...........................................7
157.10 FIRE PREVENTION CODE..............................................................................................................7
157.11 -157.99 RESERVED........................................................................................................................ 7
CD157:1
Exhibit "A"
ADM 08-3021
Page 3 of 7
CHAPTER 157: NOTIFICATION AND PUBLIC HEARINGS
157.01 General Requirements/ (e) Density/intensity. Include number of
Information residential units and/or square feet of
nonresidential use(s), as applicable.
(A) Purpose. Notification is to be provided for public (� public hearing. Time, date, place, and
hearings in accordance with the requirements
herein. The purpose of providing notification of location of public hearing.
public hearings is to ensure that all applications (g) Name. The property owners and/or the
comply with stale statutes and that affected or
interested property owners are notified of the developer's name.
action being considered. (h) Review location. City of Fayetteville
(1 ) The applicant shall be responsible for public Planning Division, 479-575-8267, 125
notification as required herein. In calculating W. Mountain Street, Fayetteville, AR
the time period for public notification the day 72701 . Monday-Friday 8AM-5PM.
of publishing, posting, or mailing shall be
counted toward the total number ofdays (3) By the revision submittal prior to the hearing,
required. The day of the hearing shall not be the applicant shall provide the following to
counted toward this total. the Planning Division:
(2) The degree of accuracy required for the (a) alphabetical list of the landowners
information contained in these public notices receiving notification;
shall be that of substantial compliance with (b) map showing the landowners'
the provisions of this section. Substantial
compliance for these public notices shall be relationship to the site;
determined by the Zoning and Development
(c)
Administrator. copy of the notice sent to the
landowners; and
(3) In the event the applicant does not provide
notice as required herein, the requested (d) certificates of mailing.
application may not be considered until all (4) The person completing the mailing of the
notification requirements are met.
written notice shall provide a certificate of
(B) Written Notice. Notice shall include the following mailing. Such certificate shall read as
information, unless specific requirements herein follows:
provide otherwise:
CERTIFICATE OF MAILING
(1 ) The applicant shall mail a written notice of I hereby certify that a true and correct copy of the
the hearing by first-Gass mail to the address attached written notice was placed in the U.S. mail,
of each adjacent landowner as such address first-class, postage prepaid this day of
is shown in the records of the Washington 20_, and addressed as follows:
County Assessors Office. Adjacent
landowners include those across street (list of addresses)
rights-of-way, excluding interstates.
(signature of person completing the mailing)
(2) Notice shall include the following information,
unless specific requirements herein provide (5) In the event that the applicant fails to mail a
otherwise: notice to an adjacent landowner or otherwise
fails to comply with the written notice
(a) Project description. Brief written required in this section, the adjacent
description of the project or request, landowner may waive such notice by
project type, and location. submitting a written waiver to the Planning
Division prior to the hearing or by appearing
(b) Use. The proposed use of the property. at the hearing.
(c) Zoning. Current zoning. (C) Posted Notice. The applicant shall post a notice
on the land for which the use is requested.
(d) Size. Acreage of project.
(1 ) The notice shall consist of at least one (1 )
sign adjacent to the street, unless otherwise
CD157:3
Fayetteville Code of Ordinances
determined by the Planning Division. The notification requirements shall again be required
sign shall be placed in a visibly prominent pursuant to Chapter 157.
location no more than ten (10) feet from the
street, and shall not impede the vision of (Ord. No. 4100, §2 (Ex. A), 6-16-98)
drivers or pedestrians.
157.02 Development
(2) In the event the staff planner determines a Notification of public hearings for development
sign cannot be placed adjacent to such applications shall occur as follows:
street and be visible to the public or that
there is no adjacent public or private street (A) Public hearing required. A public hearing shall
open for travel, the staff planner may require be held at the meeting of the Subdivision
an alternate location for a sign. Committee and/or Planning Commission, in
accordance with the Unified Development Code
(3) Additional signs may be required by the staff the established bylaws of the Planning
planner, especially in the case of properties Commission.
with multiple street frontages, to ensure
nearby property owners are well-informed. (B) Applicability: Development applications include,
for the purpose of notification, lot splits,
(4) Signs shall be made available to the preliminary plats, final plats, concurrent plats, and
applicant by the Planning Division. A $5 fee large scale developments. If an application does
per sign shall be remitted by the applicant. not require a public hearing, notification is not
required.
(5) By the revision submittal prior to the hearing,
the applicant shall submit a certificate of sign (C) Notice of public hearing. The applicant shall
posting to the Planning Division, The sign(s) provide the following notice:
shall be photographed by the applicant and
attached to the certificate as follows: (1) Who gets notice. Notice of the proposed
development shall be given to all adjacent
landowners.
CERTIFICATE OF SIGN POSTING
(2) Methods of notice. Notice shall be provided
(attach photo here) by the following methods, as required by this
chapter:
(sign lettering must be legible in photo) (a) Written notice. Written notice shall be
provided at least seven (7) days prior to
I, (applicant/representative/person posting sign), Subdivision Committee and at least
attest that the above sign was posted on (date) fifteen (15) days prior to Planning
adjacent to (name of street). Commission. Proof of notice shall be
(signature) provided as required by this chapter.
File No./Name: (b) Posted Notice. The applicant shall post
notice at least seven (7) days prior to
(signature of person completing the sign posting) Subdivision Committee and at least
fifteen (15) days prior to Planning
Commission. Proof of notice shall be
(6) The Planning Division will be responsible for provided as required by this chapter.
retrieval of signs after the hearing; if a
hearing is postponed, the applicant will be
notified when a new sign has been created. (Code 1965, App. C., Art. IV, §1 ; App. A., Arts. 5, 5(IIA),
The applicant shall then be responsible for 8(12), 12(1); App. C., Art. V, §F; Ord. No. 1747, 6-29-70;
posting the new date of the hearing in Ord. No. 1750, 7-6-70; Ord. No. 1903, 3-6-73; Ord. No.
accordance with the criteria herein. 2379, 9-20-77; Ord, No. 2538, 7-3-79; Ord. No. 2582, 124-
79; Ord. No. 2603, 2-19-80; Ord. No. 2633, 5-20-80; Ord.
D) Who may be heard. An person desiring to be No. 2710, 3-24-81 ; Ord. No. 2779, 11-17-81 ; Ord. No. 2980,
( Y Y P 9 2-7-84; Ord. No. 3128, 10-1-85; Ord. No. 1747, 6-29-70;
heard at a public hearing may appear in person, Code 1991 , §§159.54, 159.68, 160.032, 160.035,
by agent, or by attorney. 160.121(L), (M), 160.156; Ord. No. 2716, §1 , 6-15-93; Ord.
No. 3925, §§6, 7, 10-395; Ord. No. 4100, §2 (Ex. A), 6-16-
(E) Additional notification required. In the event a 98)
project is tabled and a date for the new public
hearing is not set at a public meeting, all
CD157:4
Exhibit "A"
ADM 08-3021
Page 5 of 7
157.03 Annexation and Zoning Map (2) Methods of notice. Notice shall be provided
Amendments by the following methods, as required by this
Notification of public hearings for annexation petitions chapter:
and zoning map amendments shall occur as follows: (a) Written notice. Written notice shall be
(A) Public hearing required. Upon receipt of a provided at least seven (7) days prior to
petition for an annexation or an amendment to Subdivision Committee and at least
the zoning map, the Planning Commission shall fifteen (15) days prior to Planning
hold a public hearing on the proposed Commission. Proof of notice shall be
amendment. provided as required by this chapter.
(B) Notice of public hearing. The applicant shall (b) Posted Notice. The applicant shall post
provide the following notice: notice at least seven (7) days prior to
Subdivision Committee and at least
(1) Who gets notice. Notice of the proposed fifteen (15) days prior to Planning
annexation or zoning map amendment shall Commission. Proof of notice shall be
be given to all adjacent landowners. provided as required by this chapter.
(2) Methods of notice. Notice shall be provided (c) Published Notice. Notice of public
by the following methods, as required by hearing shall be given by the city by
this chapter: publishing a notice in a newspaper of
general circulation in the city, at least
(a) Written notice. Written notice shall be one time, at least fifteen (15) days prior
provided at least fifteen (15) days prior to Planning Commission.
to Planning Commission. Proof of notice (C) Planned Zoning District applications that are not
shall be provided as required by this considered at the Subdivision Committee are not
chapter. required to provide notice for that meeting.
(b) Posted Notice. The applicant shall post 157.05 Conditional Use Permit
notice at least fifteen (15) days prior to
Planning Commission. Proof of notice Notification of public hearings for conditional use
shall be provided as required by this permits shall occur as follows:
chapter.
(A) Public hearing inquired. A public hearing shall
(c) Published Notice. Notice of public be held by the Planning Commission for
hearing shall be given by the city by consideration of a conditional use permit.
publishing a notice in a newspaper of
general circulation in the city, at least (B) Notice of public hearing. The applicant shall
one time, at least fifteen (15) days prior provide the following notice:
to Planning Commission.
(1 ) Who gets notice. Notice of the proposed
157.04 Planned Zoning District conditional use permit shall be given to all
Notification of public hearings for planned zoning adjacent landowners.
district applications shall occur as follows:
(2) Methods of notice. Notice shall be provided
(A) Public hearing required. A public hearing shall by the following methods, as required by
be held at the meeting of the Subdivision this chapter:
Committee and the Planning Commission at
which the Planned Zoning District is to be (a) Written notice. Written notice shall be
considered, or as set forth in the procedures of provided at least fifteen (15) days prior
the Planned Zoning District ordinance. to Planning Commission. Proof of
notice shall be provided as required by
(B) Notice of public hearing. The applicant shall this chapter.
provide the following notice:
(b) Posted Notice. The applicant shall post
(1 ) Who gets notice. Notice of the proposed notice at least fifteen (15) days prior to
PZD shall be given by the applicant to all the Planning Commission meeting.
landowners within 100 feet of the perimeter Proof of notice shall be provided as
of a PZD. required by this chapter.
C0157:5
Fayetteville Code of Ordinances
(C) Special Uses. The following conditional use
permits require more stringent notification. (c) Published Notice. Notice of the City
Applicants applying for consideration of the Council hearing shall be published, by
following uses must meet the following additional the City Clerk, in a newspaper of general
notification criteria: circulation in the city prior to the City
Council hearing.
(1 ) Dance halls; Facilities emitting odors and
facilities handling explosives; wireless (Code 1965, § 18-15; Ord. No. 1685, 7-7-69; Ord. No. 1898,
communication facilities; carnival, circus, 1.16-73; Code 1991 , §98.13; Ord. No. 3925, §1 , 10-3-95;
amusement park or similar temporary open- Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No 1779, 2-01-71)
air enterprise, manufactured and mobile Cross reference(s)--Streets and Sidewalks, Ch. 171 .
homes; outdoor music establishments;
sexually oriented business; 157.07 Board of Adjustment
(a) Who gets notice. All landowners within Notification of public hearings for zoning variances
500 feet of the boundary line of the and appeals shall occur as follows:
property on which the use is proposed. (A) Public hearing required. Upon receipt of a
(Code 1965, App. A., Art. 7(10), (20); Ord. No. 1747, 6-29- petition for a variance or appeal of staff
70; Ord. No. 1880, 8-15-72; Ord. No. 2486, 11-21 .78; Ord. decisions/interpretations concerning Zoning,
No. 2605, 2-19-80; Code 1991 , §§160.085, 160.090, Chapters 160 through 165, the Board of
160.095, 160.096; Ord. No. 3716, §3, 6-15-93; Ord. No. Adjustment shall hold a public hearing.
3780, §1 , 4-19-94; Ord. No. 4100, § 2 (Ex. A), 6-16-98; Ord.
No. 4178, 8-31-99) (B) Notice of public hearing. The applicant shall
157.06 Vacations of Rights-Of-Way And provide the following notice:
Easements (1) Who gets notice. Notice of the proposed
variance or appeal shall be given to all
(A) Public hearing required. The City Council shall adjacent landowners.
hold a public hearing, after receiving a
recommendation by the Planning Commission, (2) Methods of notice. Notice shall be provided
on applications requesting vacation of rights-of- by the following methods, as required by this
way or easements. chapter:
(B) Notice of public hearing. The applicant shall (a) Written notice. Written notice shall be
provide the following notice: provided at least seven (7) days prior to
the meeting of the Board of Adjustment.
(1 ) Who gets notice. Notice of the proposed Proof of notice shall be provided as
vacation shall be given by the applicant to all required by this chapter.
persons owning property adjacent to a utility
easement and all property owners adjacent (b) Posted Notice. The applicant shall post
to or within the same block as a public right- notice at least seven (7) days prior to
of-way. Adjoining property notification fors the meeting of the Board of Adjustment.
with responses shall be submitted to the Proof of notice shall be provided as
Planning Division with the vacation required by this chapter.
application.
(3) Airport zone. The City shall publish the
(2) Methods of notice. Notice shall be provided variance or appeal request in a local
by the following methods, as required by this newspaper of general circulation in the city
chapter: at least fifteen (15) days prior to the public
hearing.
(a) Written notice. Written notice shall be
provided at least fifteen (15) days prior to (Code 1965, App. A., Art. 10(2); Ord. No. 1747, 6-29-70;
the Planning Commission meeting. Proof Ord. No. 2538, 7-3-79; Code 1991 , §§160.172, 162.03; Ord.
of notice shall be provided as required by No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93; Ord. No.
this Chapter. 3925, §7, 10-3-95; Ord. No. 3901 , §t , 7-5-95; Ord. No. 3963,
§9, 4-16-96; Ord. No. 4100, §2 (Ex. A.), 6-16-98.
(b) Posted Notice. The applicant shall post Cross reference(s)-Appeals, Ch. 155.
notice at least fifteen (15) days prior to
Planning Commission. Proof of notice 157.08 Unified Development Code
shall be provided as required by this Amendments. Amendments to the Unified
chapter. Development Code shall follow the procedures
CD157:6
Exhibit "A"
ADM 08-3021
Page 7 of 7
established by Ch. 154: Amendments, of the Unified
Development Code, and require a public meeting by
the City Council. All notification shall follow applicable 157.11 -157.99 Reserved
state statutes and city ordinances.
157.09 Manufactured Homes And
Manufactured Home Parks
(A) Whenever the enforcement officer determines
that there are reasonable grounds to believe that
there has been a violation of any provision of
Chapter 175, or any regulation adopted pursuant
thereto, helshe shall give notice of such alleged
violation to the owner of the park and to the
person to whom the operator's permit was
issued, as hereinafter provided.
(B) Such notice shall:
(1) Be in writing;
(2) Include a statement of the reasons for its
issuance;
(3) Allow a reasonable time for the performance
of any act it required;
(4) Be served upon the owner and the operator;
provided, that such notice or order shall be
deemed to have been properly served upon
such owner or operator when a copy thereof
has been sent by certified mail to their last
know address, or when they have been
served with such notice by any other method
authorized or required by the laws of the
state; and,
(5) Contain an outline of remedial action, which,
if taken, will effect compliance with the
provisions of Chapter 175 and with
regulation adopted pursuant thereto.
(Code 1965, §136-13; Ord. No. 1859, 3-20-72; Code 1991 ,
§156.077; Ord. No. 4100, §2 (Ex. A), 6-16-98)
Cross reference(s)—Manufactured homes and
Manufactured home Parks, Ch. 175, §163.22.
157.10 Fire Prevention Code
Blasting. In addition to the requirements and
regulations provided in the Fire Prevention Code, the
applicant for a blasting permit shall notify all
residential property owners located within 200 yards
of a blasting site. Notification may be personal
contact, or by written notice left at the residence and
shall contain the dates of any blasting activity.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4125, 11-17-
98)
Cross reference(s)—Fire Prevention Code/Building
Code, § 173.02.
CD157:7
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 , 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 5183
October 14, 2008
Publication Charge : $553. 88
Signed: ---(sv w-a--en_
Subscribed and sworn to before me
This /Vday of QCZ;kt-u 2008 .
Notary Public _�r_�G �� L
My Commission Expires : jyzo , G, ao / d,
Do not pay from Affidavit, an invoice will be sent oµM: ,
tARV --e.
� g O
y'• us a
• , .. EIVED
OCT 116 2008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
ORDINANCE NO. 5183 ill •
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE BY REPEALING ye eve le
AND REPLACING CHAPTER 1ST: NOTIFICATION, TO CONSOLIDATE AND CLARIFY
REQUIRED NOTIFICATION FOR ITEMS BEING CONSIDERED AT CERTAINPUBLIC
MEETINGS. 9iI, ARKANSAS
WHEREAS, the City of Fayetteville encourages an infomed public cili- 160032, 160.035, 160.121(6). (M), 160156 Ord. No. 2716, P. 6-15-93;
wry regarding actions being taken by various boards and committees Ord. No. 3925, §§6, 7, 10-3-95, Ord Na 4100, §2(&. A), 6-16-98)
throughout municipal government. and 157.03 Annexation and Zonir:g Map Amendments
WHEREAS, Chapter 157 of the Unified Development Cade outlines the Notification of public hearings for annexation petitions and zoning map
manner In which notification is required far certain public meetings such amendments shell ocwr as follows:
as the Planning Commission, Subdivision Committee and Board of (A)Public hearing required. Upon receipt of a petitan for an annaxa-
Adjustrnent; and tion or an amendment to the zoning map. the Planning Commission shall
WHEREAS, the existing code can be greatly improved by consolidating hold a public hearing an the proposed amendment.
the various and different lmefremes and methods of notification to achieve (B)Notice 61 public hearing. The applicant shell provide the following
a moa ellictent, effective and consistent means of notification: and notice: i
WHEREAS, the improvements will Streamline and clarity the require- (1) Who.gets notice. Nike of the proposed annexation or zoning
Monis fa applicants while ensuring appropriate interested citizens are map amendment shall be given to all adjacent lanclowners.
notified with ample time and information of pending decisions; (2) Methods of notice. Notice shall be provided by the following
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL methods, as required by this chapter:
OF THE CITY OF FAYETTEVILLE, ARKANSAS: (a) Witten notice. Written notice shall be provided at least fif-
Sectlon 1: That the City Council of the City of Fayetteville, Arkansas, here- teen (15) days prior to Planning Commission. Proof of notice shell be pro-
by repeals and replaces Unified Development Code Chapter 157: vided as required by this chapter.
Notification, as shown as "Exhibit A' attached hereto and made a pan (b) Posted Notice. The applicant shall post nolice at least fifteen
hereof. (15) days prior to Planning Commission. Proof of notice shall be provided
PASSED and APPROVED this 711h day of October, 2008. as required by,lhis chapter.
APPROVED: By: DAN GOODY, Mayor ATTEST: By: SONDRA E. (c) Published Notice. Notice of public hearing shall be given by
SMITH, City ClerWrreasurer the city by publishing a notice in a newspaper of general circulation in the
city, at least we time, at least fifteen (15) days prior to Planning
TITLE XV UNIFIED DEVELOPMENT CODE Commission. Il i
CHAPTER 137: NOTIFICATION AND PUBLIC HEARINGS 157.04 Planned Zoning Dbbint
15701 GENERAL REQUIREMENTS/ INFORMATION Notification of public hearings fa planned zoning district applications shall
157.02 DEVELOPMENT occur as follows:
157.03 ANNEXATION AND ZONING MAP AMENDMENTS (A)Public healing required. Apublic hearing Mall beheld althe meet-
157.04 PLANNED ZONING DISTRICT Ing of the Subdivision Committee and the Planning Commission at which
157.05 CONDITIONAL USE PERMIT the Planned Zoning District is to be considered, or as set fonh in the pm
157.06 VACATIONS OF RIGHTS-OF-WAY AND EASEMENTS cedures of the Planned Zoning District ordinance.
157.07 BOARD OF ADJUSTMENT (B)Notice of pubic hearing. The applicant shah provide Ne following
157.08 UNIFIED DEVELOPMENT CODE Mice:
157.09 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS (1) Who gets notice. Notice of the proposed PZD shall be given by
157.10 FIRE PREVENTION CODE the applicant to all landowners within 100 feet of the perimeter of a PZD.
157.11-157.99 RESERVED (2) Methods of mice. Notice shall be provided by the following
methods, as required by INS chapter:
CHAPTER 157: NOTIFICATION AND PUBLIC HEARINGS (a)Written notice. Written notice shall be provided at least
seven (7) dayi prim to Subdivision Committee and at least fifteen (15)
187.01 General RequlrementeSrNom Cation days prior to Planning Commission. Proof of nolice shall be provided as
(A) Purpose. Notification is to be provided for public hearings In a000r- required by thjs chapter.
dance with the regdremenis herein. The purpose of providing notification (b) Posted Notice. The applicant shall post nonce at least seven
of public hearings Is to ensure that all applications comply with state (7) days print to Subdivision Committee and at lease fifteen (15) days prior
statutes and that affected or Interested property owners are notified of the to Planning Commission. Proof of notice shall be provided as required by
I
action being Considered. this chapter. Al
(1) The applicant shall be responsible for public notification as (c) Published Notice. Notice of public hearing shall be given by
required herein, to calculating the time period for public notification the the city by publishing a notice in a newspaper of general circulation in the
day of publishing, posting, or mailing shall be counted toward the total Ciry, at least one time, at least fifteen (15) days prior to Planning
number of days required. The day of the hearing shall not be counted Canmlsshnh, IM
toward this total. (C)Planned'Zoning District applications that are not considered at the
(2) The degree of accuracy required for the information contained Subdivision Ctinmittee are Trot required to provide notice for that meeting.
In these public notices shall be that of substantial compliance with the pro. 157.03 Conditional Uw Permit
visions of this section. Substantial compliance for these public notices Notification of public hearings for conditional use permits shall occur as
shall be determined by the Zoning and Development Administrator. follows: 'Ir
(3) In the event the applicant does mat Provide notice as required (A)Publicrhearing required. A public hearing shall be held by the
herein, the requested application may not be considered until all notifica- Planning Commission fa Consideration of a conditional use permit.
tion requirements are met. (B)NNice of public hearing. The applicant stall provide the following
(B) Written Notice. Notice shall include the following Information, notice:
unless specific requirements herein provide otherwise: (1) Who gets rnouce. Notice of the proposed conditional use permit
(1) The applicant shall marl a written notice of the hearing by first- shall be given 0 all adjacent landowners.
class mall to gine address of each adjacent landowner as Such address Is (2) Methods of notice. Notice Shall be provided by the following
shown in the records of the Washington Ccunty ASseaSm's Oncemethods. as iaquired by this chapter:
Adjacent landowners include those across street rightsol-way, excluding (a) Witten notice. Written notice shall be provided at least fit.
interteles. teen (15) day,pna to Planning Commission. Prool0 notice shall be prr
(2) Notice shall Include the following infama8on, unless SpeCMC video as required by this chapter.
requirements herein provide ocnerwise: I (b)Posted Nance.The applicantshaltpost notice at least filter ,
(a) Project description. Brief written description of the project or (15) days prior to the Planning Commission meeting_ Proof ol notice she
request. project type. and location. be provided as required by this chapter.
l! (b)Use. The proposed use of the Property (C)Spamal Uses. The following conditional use permits require more
(c) Zoning. Current zoning. stringent npaikalion. Applicants applying for Consideration of the fotlowing
(d)Size. Acreage of project. uses must meet the fdlowing additional notification cateda:
(a) Denstrypntensiry. Include number of residential units andlo (1) Dance halls; Facilities emitting odors and facilities handling
square feet of nonresidential use(s), as applicable. explosives: wireless Communication facilities; carnival, circus, amusement
(q Public hearing. Time, date, place, and location of public park or similar temporary open-air enterprise; manufactured and mobile
hearing. Mmes; outdoor musk establishments: sexually oriented business;
(g)Name. The property owner's and/or the developer's name. (a) Who gets notice. All landowners within 500 feet o1 the
r (h) Review location. City of Fayetteville Planning Division, 479- boundary line of the property on which the use is proposed.
57"M7. 125 W. Mountain Street, Fayetteville, AR 72701. Mendey-RItlaY (Cade 1965, App. A., Art. 7(10), (20); Ord No. 1747, 6-29.70; Ord. No,
8AM-5PM. 1860, 6-15-72; Ord. No 2486, 11-21-78; Ord.. No, 2605, 2-19-80; Code
(3) By the revision submittal prior to the hearing, the applicant shall 1991, §§160,}165, 160.090, 160.095, 160096; Ord. No. 3716, §3, 6-15-93;
Provide the following to Me Planning Division: Ord. No. 3780 §1, 4-19-94; Ord. No. 4100, § 2 (a. A), 6-16.98; Ord. No.
(a) alphabetical list of the landowners receiving notification; 4178, 8.31-99)
11 (b) map showing the lando hers' relationship to the site; 157.06 Venetians of Righto0l-Way And EaserenN
(c) copy of the mice Sent to the landowners; and (A)Public hearing required. The City Council Shall hold a public hear-
(d)cenificates of nailing. ilg, after repalNng a recommendation by the Planning Commission, an
(4) The person completing the nailing of the written notice shalt applications requesting vacation of rightsat-way or easements.
provide a certificate of mailing. Such certificate shall read as follows: (B)Notice of public hearing. The applicant shall provide ire following
CERTIFICATE OF MAILING notice: 7
1 hereby crusty that a true and Correct copy of the attached written notice (1) Who gets nolice. Notice of Ne proposed vacation shall be given
was placed in the U.S. mail, by the applicant to all persons owning property adjacent to a utility ease-
first-class, postage prepaid this _ day of _, 20_. and meat and all pmperty owners adjacent to a within the same block as a
addressed as follows: public fightdi-way. Adjoining property notification forms with responses
(list of addresses) shall be submitted to iM Planning Division with the vacatan application.
(2) Methods of notice. Notice shall be provided by the following
(signature of person completing the mailing) methods, as,requirs f by this chapter:
(5) In the ever that the applicant fails to mail a notice to an edjo- (a)M an notice. Written notice Shall be provided at least fif-
cent landowner or otherwise fails to comply ply with the written notice required teen (15) days prim to the Planning Conaxseicn meeting. Prod of notice
in this section, ire adjacent landowner may waive such notice by wbmft- shall be provided as metered by this chapter. . -- -
SO a wrXteR waiver tithe Planning Diviabn. prior to the hearing or by (b)Poated3JoticeAhe _applicantshallpostronceat heat fifteen,
appearing at the heamigg. 0 '{
(15 ays tTor - - ss . P-=TcTnotice's ahll p �^
'-"(Cr)soslWNot1ce. Wa applicant shall post a notice on the land for as required by this chapter.
which the use Is requested, (c) Published Notice. Notice of Me City Council hearing shall
(1) The Mice shall consist of at least one (1) sign adjacent to the be published, by the City Clerk, In a newspaper of general circulation in
street, unless otherwise determined by the Planning Division. The sign the city prior to the City Council hearing.
shall be placed in a visibly prominent location no more than ten (10) feet (Cade 1965, § 18-15aOrd. No. 1685, 7-7-69; Ord. No. 1898, 1-16-73; Code
1 iron the street. and shall not impede the vision of drivers or pedestrians. 1991, §98.13; Ord, No. 3925. §t, 103.95; Ord. No. 4100, §2(&.. A), 6-16-
(2) In the event the stall planner determines a sign cannot be 98; Ord, No 1779, 2.0141) {
r placed adjacent to such street and be visible to the public or that there is Cross retewnce(s)- Yrews and Sidewalks, Ch. 171. 1
no adjacent public or private street open for travel, the staff planner may ismli, Beard of Adjustment i
117 requim an alternate location for a sign. Notification of pubilc: hearings for zoning variances and appeals shall
(3) Additional signs may be required by the staff planner, especial- occur as follows: yI . 1 I
ly in the case of properties with multiple sheol homages, to ensure nearby (A)Public hearing required. Upon receipt of a petition for a variance or
property owners are wail-informed. appeal of stall decisions(merpmtations concerning Zoning, Chapters 160
F (4) Signs shall be made available to the applicant by the Planning through 165, Me Bdivd of Adjustment shall hold a public hearing.
Division. A S5 tee per sign shall be remised by Me applicant. (B) Notice of public hearing. The applicant shell provide the following
(5) By the revision subminal prior to the hearing, the applicant shall notice: 1�
submit a certificate of sign posting to the Planning Division. The sign(s) (1)Who getsi notice. Notice of the proposed variance or appeal
Mail be photographed by the applicant and attached to the certificate as shall be given to all edjacenl landowners. t
folloks: (2) Methods df notice. Nonce shall be provided by the following
CERTIFICATE OF SIGN POSTING methods, as required by this chapter:
(attach photo here) (a)Written jocuice. Written Mice shall be provided at least
i (sign lettering must be legible in photo) seven (7) days prig+lo the meeting of Me Board of Adjustment. Proof of
I, (applicanilrepresentativelperson posting sign), attest that the above sign notice shall be provided as required by this chapter.
was posted on (date) (b)Posted Notice. The applicant shall post notice at least seven 1
adjacent to (name of street). - (7) days prior to the meeting of the Board of Adjustment. Proof of notice
_(signature) shall be provided es required by this chapter.
File No./Neme: (3) Airport zone. The City shall publish the variance or appeal
request in a local nefvspaper of general circulation in Me dry at least fit-
(signature of person completing me sign posting) leen (15) days priorlb the public hearing.
(6) The Planning Division will be responsible for retrieval of signs (Code 1965, App. A1.1A9. 10(2); Ord No. 1747, 6.29.70; Ord. No. 2538, 7-
after the hearing; it a hearing is postponed, the applicant will be natifed 3-79; Code 1991, §§160 172, 162.03; Ord. No. 3699, §3, 4-20-93, Ord. No.
when a new sign has been created. The applicant shall then be responsi- 3716, §2, 645.93; Ord. No. 3925. §7, 10-3-95; Ord. No. 3907, §7, 7-5-95;
f ble for posting the new date of the hearing In accordance with the criteria Ord. No. 3963, §9, 6.16-96; Ord. No. 4100, §2(Ex. A.), 6-16-98.
I herein. Cross re7erencal'*-Appeals, Ch. 155.
(D)Who may be heard. Any person desiring to be heard at a public 157,03 Unified DeveiopmeM Cab
hearing may appear in Person, by agent, or by attorney. Amendments. Amendments to the Unified Development Calle shall follow
(E)Addhonel notification required. In the event a project is tabled antl the procedures safe blished by Ch. 154: Amendments, ol the Unified
a dale for the new public hearing is not set at a public meeting, all r ifi- Development Code;,end require a public meeting by the City Coundl. All
cation requirements shall again be required pursuant to Chapter 157. notification shall follow applicable state statutes and dry ordinances.
(Ord. No. 4100, §2 (Ex. A), 6-16-98) 157.09 Manufaettiled Homes And Mamdaetured Nmme Parke
157.02 Mvelopaerd (A) Whenever the enforcement omcer determines that there are me-
Notification of public hearings for development applications shall occur as sonable grounds to believe that there has been a violation of any provision
follows: rof Chapter 175, or any regulation adopted pursuant thereto, he/she shall
(A)Public hearing required. A public hearing shall beheld at the meet- give notice of such�§Ileged violation to Me owner of the park and to the
Ing of the Subdivision Committee andlor Planning Commission, In actor- person to whom thaaperatora permit was issued, as hereinafter provided.
dance with the Unified Development Code Me established bylaws of the (B)Such notice shall:
Planning Commission. 1 (1) Be M wrifing;
(B)Applicability: Development applications Include, for the purpose of (2) Include a statement o1 the reasons for its Issuance;
notification, lot splits, preliminary plans, foal plats, concurrent plats, and (3) Allow a reasonable time for the Performance of any act it r.
large stele developments. If an application does rot require a public hear- requiretl; j('
ing, notification is not required. (4) Be served upon the owner and the operator; providetl, that such r
(C)Notice of public hearing. The applicant shall provide the following notice or older shall'ibe deemed to have been property served upon such
notice: owner or operator "an a copy thereof has been sent by certified mail to
(1)Who gets notice. Notice of the proposed development shall be their last know address, or when they have been sewed with such Mice
given to all adjacent landowners. by any other methodeuthonzed or required by the laws of the state; and,
(2) Methods of notice. Notice shalt be Provided by the following (5) Contain aA online of remedial action, wrich, if taken, will effect
methods, as required by this chapter: - compliance with the provisions of Chapter 175 and Win regulation adopt-
(a) Written notice. Written notice shall be provided at lead ad pursuant theretoJo
seven (7) days prior to Subdivision Ccrrminee and at least fifteen (15) (Cade 1965, §13B-:f3; Ord. No, 1859, 3-20-72, Code 1991, §156.077; Ord..
days prior to Planning Commission. Proof of notice shall be provided as No. 4100, §2(Ex. A).i6-16-98)
required by this chapter. Cross reference(s)-4anWactured hetes and Manufactured home Perks.
( (b) Posted Notice. The applicant shall post notice at least seven Ch. 175, §163.28 p:J
1 (7) days prior to Subdivision Committee and at least fifteen (15) days prior 157.10 Fire PreveMlon Cad ,
to Planning Commission. Proof of notice shall be provided as required by Blasting. In addition to the requirements and regulations Provided In the
this chapter. Fire Prevention Code Me applicant fora blasting permit shall notify all res-
(Code 1965, App, C.. Art. IV, §1; App A., Arts. 5, 501A), 802). 120); App. Idenfial property owners located within 200 yards of a blasting site.
C., Ad. It §F, Ord. No. 1747. 6-29-70; Ord. No. 1750, 7-670; Ord No. Nutificahon may be 16wamel contact, or by written notice left at the res:
1903, 3-6-73: Ord, No. 2379, 9-20-77; Ord. No. 2536, 7-3.79; Ord. No. dance and shall contain the dates of any blasting acol
2562, 124-79; Ord. No. 2603, 2-1&80; Ord. No. 2633, 5-80-80: Ord. No. (Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4125, 11-17-96)
2710, 3-24-81; Ord.. No. 2779, 11-77-81: Ord No. 2980, 2-7-64; Ord. No. Cross relerence(s)fire Prevention CodeBulloing Code, § 173.02.
3128, 10-1.85; Ord. No. 1747, 6-2970; Code 1991, §§159.54, 159.66, 167.11.157.99 ReservediL
a-y
i
City of Fayetteville Staff Review Form
City Council Agenda Items �3
and
Contracts, Leases or Agreements � 57
1017/2008 I
City Council Meeting Date i �1 t too
Agenda Items Only
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
ADM 08-3021 (UDC Ch. 157 Notification): An ordinance repealing and replacing Ch. 157 of the Unified Development
Code to consolidate and more clearly delineate required notification for items being considered at certain public
meetings.
$
Cost of this request Category / Project Budget Program Category 1 Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
Department Director Date
Original Contract Date:
Original Contract Number:
City AdwwrDate
Received in City
9 . 04 Clerk's Office
Finance and Internal Service Director Date d
Received in
} Mayor's Office
Mayor Da e
Comments:
Revised April 16, 2007
City Council Meeting of October 7, 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: September 19, 2008
Subject: UDC Ch. 157 Notification (ADM 08-3021 )
RECOMMENDATION
Staff and the Planning Commission recommend approval of an ordinance to repeal and replace
Ch. 157, Notification, of the Unified Development Code, in order to clarify and streamline the
process for notification for public meetings.
BACKGROUND
For several months, planning staff has been working to redraft, in its entirety, Ch. 157:
Notification, of the Unified Development Code. The purpose of this chapter is to establish the
standards and criteria by which applicants and the City are to notify the public for specific
development, land use and variance/appeal requests that require a public hearing. Notification
types include:
1 ) Written notification: involves a project description, date and time of the meeting, contact
information, etc. sent to adjacent land owners;
2) Posted Notice: involves a sign erected on the site in question, for public view and
information
3) Published notification: involves date, time and location of meeting, use and location of
project — the City is responsible for this type of notice
In the existing code, there are a variety of notification requirements, differing between the
multiple types of applications. The City often hears complaints from citizens about notification,
which staff believes in large part are due to the lack of consistency between types of notification
required for every application. Notices vary between all three types listed above.
Staff has proposed a new draft of Ch. 157, incorporating all of the existing code requirements, but
streamlining the code so that there is much more consistency between projects. All projects going
before the Subdivision Committee will now require a 7-day notification; Planning Commission
will require a 14-day notification. Projects currently range from no notification to 7, 10, 14 and
15 days prior to the meeting. In addition, the types of notification have been broken into very
clear explanations, and what is expected for each type in order to proceed forward in the review
process. This is to combat the complaints staff and the Planning Commission receive that written
notices sometimes are not at all informative. In perhaps the biggest change to the ordinance, staff
is recommending that applicants post their own notification signs on their sites. Planning Staff
would still prepare the signs for posting, after receiving the application, and notify the applicant
when the signs are ready to be posted. Applicants would post the sign on the site, take a photo,
and provide a signed Certificate of Sign Posting to the Planning office in the time specified. Staff