HomeMy WebLinkAboutOrdinance 5348 ORDINANCE NO. 5348
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE
OF THE CITY OF FAYETTEVILLE, CHAPTERS 151: DEFINITIONS AND 164:
SUPPLEMENTARY ZONING REGULATIONS, IN ORDER TO INCLUDE
ADDITIONAL DEFINITIONS AND REQUIREMENTS FOR VEHICLE
RELATED BUSINESSES.
WHEREAS, the City of Fayetteville Unified Development Code was adopted to further the
health, safety and general welfare of the community, and to promote an orderly and appropriate mix
of land uses; and
WHEREAS, land uses that include the storage of disabled, wrecked, or inoperable vehicles
can create a public nuisance and adversely impact surrounding properties and neighborhoods ; and
WHEREAS, the City of Fayetteville Unified Development Code should provide regulations
that protect neighborhoods, commercial and industrial districts, and makes a livable community.
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 amends
§151.01: Definitions by inserting in alphabetical order the following definitions:
"Auto Salvage. (Zoning) The dismantling or wrecking of motor vehicles or trailers,or the
storage, keeping, selling, buying, or dumping of any wrecked, scrapped, ruined,dismantled, disabled,
or inoperable motor vehicle or motor vehicle part."
"Junkyard. (Zoning) Any worn out or discarded materials including but not limited to scrap
metal, inoperable motor vehicles and parts, construction material, discarded appliances, or other
material in a condition such that it cannot be used for its original purposes."
"Motor vehicle. (Zoning) A self-propelled vehicle that would have to be licensed to be
operated on the public streets and highways. (See Chapter 14 of Title 27 of the Arkansas Code.)"
"Motor vehicle accessory store. (Zoning) Stores that sell new automobile parts, tires, and/or
accessories."
"Motor vehicle repair and body shop. (Zoning) Any property, building or portion thereof
used for the service and repair of motor vehicles including major mechanical repair and body work,
straightening of body parts, painting,welding, or other work involving noise, glare, fumes, smoke, or
other characteristics to an extent greater than normally found in gasoline service stations."
Page 2
Ordinance No. 5348
"Towing impound yard. (Zoning)A facility operated for the temporary storage of towed motor
vehicles that are to be claimed by their title holders or agents, or transported to a repair shop."
"Towing service. (Zoning)Au establishment that provides for the removal of a motor vehicle by
towing,carrying, hauling or pushing fi-om public or private property when such vehicle has been
ordered to be impounded to a public or private impound yard. This shall not include a "motor vehicle
repair and body shop" use that has a tow truck and services vehicles on-site."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends
§151.01: Definitions by renaming "Filling station (Zoning)" to "Gasoline service station. (Zoning)"
and placing it in alphabetical order.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals §164.05
Automobile Garages and enacts a replacement §164.05, as follows:
§164.05 Motor Vehicle Repair
In any district where permitted, gasoline service stations and motor vehicle repair and body shops
shall be subject to the following regulations:
(A) All appurtenances used for repair or servicing of vehicles which are not enclosed shall be
located at least 12 feet from a street lot line and 25 feet from any lot line of agricultural or
residential district.
(B) Although temporarily inoperable, motor vehicles shall have substantially all of its main
component parts attached, and where subject to a license, shall be currently and validly
licensed for operation upon public streets and highways.
(C) Vehicles or trailers that are wrecked, or that have missing or damaged parts such that it can
not be maintained for driving, may not be stored outside longer than 45 days. If more time is
needed for repairs, the vehicle or trailer shall be stored inside a building or removed from the
property.
(D)Abandoned vehicles shall not be stored on the premises.
Section 4.That the City Council of the City of Fayetteville, Arkansas hereby amends §164.06
Automobile Wash Service by repealing the section and renaming the section "Reserved."
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals §164.14
Parking And Storage Of Certain Vehicles and enacts a replacement §164.14, as follows:
§164.14 Parking And Storage of Certain Vehicles
(A) Motor vehicles or trailers of any kind, which are required to be licensed, must have current
license plates properly attached (unless completely enclosed within a building) except within
the lot of the following legally operating businesses: vehicle sales, trailer sales, junkyards,
and auto salvage yards.
Page 3
Ordinance No. 5348
(B) Disabled motor vehicles or trailers, including antique/hobbyist vehicles, must be stored inside
buildings unless stored within auto salvage yards,junk yards, auto body shop lots, or towing
impound yards.
(C) Parking or storing wrecked or abandoned vehicles within residential districts is prohibited.
(D)Vehicles in any zoning district shall be parked in such a way so they do not encroach upon a
public sidewalk, or block pedestrian or vehicular use and visibility.
Section 6.That the City Council of the City of Fayetteville,Arkansas hereby repeals §164.18
(A) Automobile garages, §164.18 (B) Automobile wash service, and §164.18 (D) Industrial
Parks, and renumbers the remaining subsections sequentially.
Section 7.That the City Council of the City of Fayetteville, Arkansas hereby amends §164.18
to insert the following subsection:
(D)Towing impound yards. An impound yard shall be subject to the following:
(1) Motor vehicles shall not be stored on the premises longer than 45 days.
(2) Impound yards shall be surrounding on all sides by a minimum 6 foot tall wood board
privacy fence.
PASSED and APPROVED this the 7"'day of September, 2010.
APPROVED: ATTEST:
By: By: &"6,
{✓
ELD JO N,Mayor SO RA E. SMITH, City Clerk/Treasurer
:FAYETTEVILLE.,
y,e9�,/rANSP� c'e4V_
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/17/2010
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Planning Development Services
Submitted By Division Department
Action Required:
ADM 09-3466 (UDC Chapters 151 and 164 Vehicle Related Businesses): An ordinance amending Chapter 151 and
164 of the Unified Development Cade to clarify vehicle related businesses, including vehicle repair, towing and
salvage.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
��QIjIJ1��.P�C• Previous Ordinance or Resolution#
Depa ent Di ctor Date
� Original Contract Date:
�`. '� -- `�13()1 ala
Original Contract Number:
City Attorney Date
\ 3o t r7
Finance and Internal Services Director Date Received in City,7-?9-10PO4 : 34 RCVD
Clerk's Office
AA ",V\- u
Chi f of St Date
Received inczdE Ep
Mayor's Office c
Ma r *D
Comments:
Revised January 15, 2009
o� t Gn Yd.e. 4c� V 6/n1/0 (9-/
Tavyere 111C
THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
( NS I MW
;S
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
From: Jesse Fulcher, Current Planner
Date: July 23, 2010
Subject: ADM 09-3466 UDC Chapter 151 and 164 vehicle related businesses
RECOMMENDATION
Staff and Planning Commission recommend approval of an ordinance amending Chapter 151 and 164 of the Unified
Development Code (ADM 09-3466).
BACKGROUND
In addition to the zoning regulations in Chapter 161 of the Unified Development Code (UDC), which apply to all the
various zoning districts and associated uses, there are supplementary regulations for certain types of uses and
businesses. Specifically, Chapter 164 of the UDC provides restrictions for vehicle-related businesses, including
gasoline service stations and car washes, as well as requirements for the storage of disabled and unlicensed vehicles.
However, there are several other types of vehicle related businesses that aren't currently regulated by Chapter 164,
including towing and impound facilities, auto salvage and automotive repair shops. Unlike the uses currently
regulated by Chapter 164, though, these businesses may have areas for the storage of wrecked, disabled or
inoperable vehicles. Eventually, this type of storage can create a public nuisance and adversely impact surrounding
properties and even neighborhoods.
It is staffs recommendation that Chapter 151 and 164 of the Unified Development Code be modified to include
additional definitions and requirements for several types of vehicle related businesses that are most likely to create
nuisances if not properly regulated.
DISCUSSION
On December 14, 2009 the Planning Commission unanimously forwarded this request to the City Council with a
recommendation for approval.
BUDGETIMPACT
None.
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ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT
CODE OF THE CITY OF FAYETTEVILLE, CHAPTERS 151: DEFINITIONS
AND 164: SUPPLEMENTARY ZONING REGULATIONS, IN ORDER TO
INCLUDE ADDITIONAL DEFINITIONS AND REQUIREMENTS FOR
VEHICLE RELATED BUSINESSES.
WHEREAS, the City of Fayetteville Unified Development Code was adopted to finrther the health,
safety and general welfare of the community, and to promote an orderly and appropriate mix of land uses;and
WHEREAS, land uses that include the storage of disabled, wrecked, or inoperable vehicles can create
a public nuisance and adversely impact surrounding properties and neighborhoods ;and
WHEREAS, the City of Fayetteville Unified Development Code should provide regulations that
protect neighborhoods, commercial and industrial districts,and makes a livable community.
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 amends §15 1.01:
Definitions by inserting in alphabetical order the following definitions:
"Auto Salvage. (Zoning) The dismantling or wrecking of motor vehicles or trailers,or the storage,
keeping, selling, buying, or dumping of any wrecked, scrapped,ruined,dismantled,disabled, or inoperable
motor vehicle or motor vehicle part."
"Junkyard. (Zoning) Any worn out or discarded materials including but not limited to scrap metal,
inoperable motor vehicles and parts,construction material,discarded appliances, or other material in a condition
such that it cannot be used for its original purposes."
"Motor vehicle. (Zoning)A self-propelled vehicle that would have to be licensed to be operated on the
public streets and highways. (See Chapter 14 of Title 27 of the Arkansas Code.)"
"Motor vehicle accessory store. (Zoning)Stores that sell new automobile parts,tires,and/or
accessories."
"Motor vehicle repair and body shop. (Zoning)Any property, building or portion thereof used for the
service and repair of motor vehicles including major mechanical repair and body work,straightening of body
parts, painting, welding,or other work involving noise,glare,fumes, smoke, or other characteristics to an extent
greater than normally found in gasoline service stations."
"Towing impound yard. (Zoning) A facility operated for the temporary storage of towed motor
vehicles that are to be claimed by their title holders or agents, or transported to a repair shop."
EttTnfi. �iLnldfifiJltPfi.C+h::S�"P.ffiSc+iS?�"'9r„Y.c�SXikEF_::a.�+.6nPZf+.3.'M:?,nYu'3b..:t=T/.c.�;' ^%tn;'h%1:".�E'�nS,:S»��2:ati:>��1.���tE�.:.r,:N"�•}�"4�fi'nT,cs ,1,�v':S,dYrc^,.fiiti.:1,c."iF�i?uP,+i.`A S�OYM\"?2."�Y.n�PS..'�.�2rR`Eku':`h.PN�'.'n.�'..
"Towing service. (Zoning) An establishment that provides for the removal of a motor vehicle by towing,
carrying, hauling or pushing fiom public or private property when such vehicle has been ordered to be
impounded to a public or private impound yard. This shall not include a "motor vehicle repair and body shop"
use that has a tow truck and services vehicles on-site."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends §151.01:
Definitions by renaming "Filling station (Zoning)" to "Gasoline service station. (Zoning)" and placing it in
alphabetical order.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals §164.05
Automobile Garages and enacts a replacement §164.05, as follows:
§164.05 Motor Vehicle Repair
In any district where permitted, gasoline service stations and motor vehicle repair and body shops shall be
subject to the following regulations:
(A) All appurtenances used for repair or servicing of vehicles which are not enclosed shall be located at
least 12 feet from a sweet lot line and 25 feet fionn any lot line of agricultural or residential district.
(B) Although temporarily inoperable, motor vehicles shall have substantially all of its main component
parts attached, and where subject to a license, shall be currently and validly licensed for operation upon
public streets and highways.
(C) No motor vehicle to be repaired shall be stored on the premises longer than 45 days.
(D) No abandoned vehicles shall be stored on the premises.
(E) Vehicles shall be parked in such a way so they do not encroach upon City right-of-way,or block
pedestrian or vehicular use and visibility.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends §164.06
Automobile Wash Service by repealing the section and renaming the section`Reserved."
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals §164.14 Parking
And Storage Of Certain Vehicles and enacts a replacement §164,14, as follows:
§164.14 Parking And Storage of Certain Vehicles
(A) Motor vehicles or hailers of any kind, which are required to be licensed, must have current license
plates properly attached (unless completely enclosed within a building) except within the lot of the
following legally operating businesses: vehicle sales, trailer sales, junkyards, auto salvage yards,
towing impound yards and auto body shops.
(B) Disabled motor vehicles or trailers must be stored inside buildings unless stored within auto salvage
yards,junk yards, auto body shop lots, or towing impound yards.
(C) Parking or storing wrecked or abandoned vehicles within residential districts is prohibited.
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby repeals §164.18 (A)
Automobile garages, §164.18 (B) Automobile wash service, and §164.18 (D) Industrial Parks, and renumbers
the remaining subsections sequentially.
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby amends §164.18 to insert
the following subsection:
(D) Towing impound yards. An impound yard shall be subject to the following:
(1) Motor vehicles shall not be stored on the premises longer than 45 days.
z
(2) Impound yards shall be surrounding on all sides by a minimum 6 foot tall wood board privacy
fence.
PASSED and APPROVED this the day of___, 2010.
APPROVED: ATTEST:
By: By ----
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FayeV-V 1 PC Meeting of December 14, 2009
Knnsns
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
PLANNING DIVISION CORRESPONDENCE
Fayetteville, AR 57 -8267
Teleohone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: Dem„ .,. , Wa Updated December JS, 2009
ADM 09-3466; (UDC AMENDMENTS, CHAPTER 151 AND 164): Submitted by City
Planning Staff. The request is to amend several chapters of the Unified Development Code
(UDC) to clarify vehicle related businesses, including vehicle repair, towing, and salvage.
Planner: Jesse Fulcher
BACKGROUND
November 23, 2009 Planning,, Commission. This item was discussed at the November 23, 2009
Planning Commission meeting where staff gave a presentation of the proposed amendments to
the Unified Development Code (UDC). The Planning Commission and City Attorney provided
feedback to staff concerning the proposed amendments. Staff has attempted to incorporate all of
the changes recommended into the proposed code. The primary revisions requested are as
follows:
1) Clarify the definition of a motor vehicle, remove reference to implements of animal
husbandry.
2) Remove "household waste and garbage" from the definition of a junkyard
3) Clarify 164.14 Parking and storing of certain vehicles. Don't want to prohibit owner of
antique vehicle or hobbyist.
DESCRIPTION AND PROPOSAL
In addition to the zoning regulations in Chapter 161 of the Unified Development Code (UDC),
which apply to all the various zoning districts and associated uses, there are supplementary
regulations for certain types of uses and businesses. Specifically, Chapter 164 of the UDC
provides restrictions for vehicle-related businesses, including gasoline service stations, car
washes and drive-in facilities, as well as requirements for the storage of disabled and unlicensed
vehicles.
However, there are several other types of vehicle related businesses that aren't currently
regulated by Chapter 164, including towing and impound facilities, auto salvage and automotive
repair shops. Unlike the uses currently regulated by Chapter 164, though, these businesses may
have areas for the storage of wrecked, disabled or inoperable vehicles. Eventually, this type of
storage can create a public nuisance and adversely impact surrounding properties and even
neighborhoods.
It is staff's recommendation that Chapter 151 and 164 of the Unified Development Code be
modified to include additional definitions and requirements for several types of vehicle related
businesses that are most likely to create nuisances if not property regulated.
The proposal is to amend two (2) chapters of the UDC as summarized below and attached in full
to this staff report:
Chapter __Section _ Description _
- Include definitions for auto salvage,junkyard, motor vehicle,
Chapter motor vehicle accessory store, motor vehicle repair and body shop,
151.01 Definitions towing impound pond yard and towing service. Additionally, the
definition for"filling station" will be changed to "gasoline service
station."
Chapter Automobile Garages - Change title to Motor vehicle repair and provide restrictions
164.05 on the storage and parking of wrecked or abandoned vehicles.
Chapter Automobile Wash Removed regulations and reserved section number.
164.06 Service _
Chapter Parking and storage Clarify regulation and insert new section prohibiting the
164.1_4 of certain vehiclesap rking or storage of wrecked vehicles in residential districts.
Remove section (A) and section (13), as these regulations are
already stated in section 164.05 and 164.06.
Chapter Supplementary use - Renumber remaining sections.
164.18 regulations - Add new requirements for towing impound yards.
- Remove section (E), since there are landscaping, grading and
drainage requirements for all lots regardless of the site
location.
The ordinance amendments are shown in highlight and s#-rikeeut and are attached to the staff
report.
RECOMMENDATION
Staff recommends forwarding ADM 09-3466 to the City Council with a recommendation for
approval.
Planning Commission Action: Forwarded O Denied O Tabled
Motion: Zant
Second: Myres
Vote: 7-0-0
Meeting Date: December 14, 2009
Comments:
Revisions requested by Planning Commission
and City Attorney
December 14,2009
Planning Commission
ADM 09-3466 UDC Amend Chapl 1511164
Agenda Item 3
Page 3 of 24
THE CITY OF FAYETTEVILLE,ARKANSAS
KIT WILLIAMS,CITY ATTORNEY
DAVID WHITAKER,ASST.CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DI'sPAK'T MENT
TO: Jesse Fuleher, City Planner
Andrew Garner, Senior Planner
FROM: Kit Williams, City Attorney '"�
DATE: November 24, 2009
RE: Junkyards, Motor vehicles and §164.14
I have redrafted proposed definitions of "Junkyard" and "Motor vehicle".
By referring to the state licensing law (Chapter 14 of Title 27 of the Arkansas
Code) the definition of"Motor vehicle" can be short, include what we are trying to
regulate, and not include things we do not want to regulate in §164.14: riding lawn
mowers, tractors, electric wheelchairs, electric bicycles, four wheelers, etc.
We should define "Junkyard" as it should be operated and not include
improper materials (garbage and trash) in its definition which could be used
against us if we tried to get: improper materials removed from a junkyard.
Much of §164.14's problems go away with the new definition of "motor
vehicle". However. 1 believe we should restrict unlicensed. or disabled motor
vehicles and trailers to the actual businesses that deal with them rather than various
zoning districts in which these and many other unrelated businesses may
operate: 1-1 , 1-2, C-2, Downtown Core, Mainstreet Center. Unlicensed cars are
okay at auto dealerships in C-2 or Downtown Core, but not at other businesses or
residences in those zones. We don't want disabled or wrecked carp stored in a
manufacturing plant's parking lot even if it is 1-2. These should be business
sensitive rather than zoning district exceptions.
December 14,2009
Planning Commission
ADM 09-3466 UDC Amend Chapt 151/164
Agenda Item 3
Page 4 of 24
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