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HomeMy WebLinkAboutOrdinance 5425 ORDINANCE NO. 5425 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE TO REMOVE REFERENCES TO CERTIFICATE OF ZONING COMPLIANCE AND AMEND CHAPTER 161 OF THE UNIFIED DEVELOPMENT CODE TO ADDRESS EXISTING NONCONFORMING BUSINESSES FOR THE PURPOSES OF ISSUING A BUSINESS LICENSE. WHEREAS, the City of Fayetteville now requires a Business License for all business and nonprofits with locations in Fayetteville; and WHEREAS, the information required by the Certificate of Zoning Compliance will now be provided with the Business License; and WHEREAS, Section 161.01 requires any building, structure or land hereafter used or occupied to be in conformance with the zoning regulations of the district in which it is located; and WHEREAS,the City of Fayetteville recognizes that a business may have at some point inadvertently opened in an inappropriate zoning district and the business may contribute positively to the community and surrounding properties or may have opened prior to new ordinances that regulate their use; and WHEREAS,the City of Fayetteville also recognizes that not all business types are compatible with surrounding land uses,and if opened in violation of the zoning code, should not hereafter continue except in conformity with the regulations of the district in which it is located. 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 §161.02 in its entirety and enacts a replacement §161.02,as follows: 11161.02 Zoning Compliance and Business License (A)Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure until a business license has been issued by the Zoning and Development Administrator stating that the proposed use of the building or land conforms to the requirements of this chapter. Page 2 Ordinance 5425 (B)Conforming uses. Uses permitted within the underlying zoning district shall be eligible for a business license, subject to §118 of the Fayetteville Code. (C)Nonconforming uses. (1) Uses within the following use unit categories established prior to September 7, 2010 and operating in a zoning district that does not currently allow the use, are for the purposes of zoning compliance determined to be an existing nonconforming use,may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation,or from any other applicable federal, state,or city regulations. Use Units 3 Public protection facilities 4 Cultural and recreational facilities 5 Government facilities 6 Agricultural 7 Animal husbandry 12 Limited business 13 Eating laces 15 Neighborhood shopping oods 24 Home occupation 25 Offices, studios, and related services (2) Uses within the following use unit categories established prior to July 15, 2003 and operating in a zoning district that does not currently allow the use,are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 2 City-wide uses by conditional use permit 14 Hotel,motel and amusement facilities 16 Shopping oods 17 Transportation trades and services 18 Gasoline service stations&drive in/drive through restaurants 19 Commercial recreation, small sites 20 Commercial recreation, large sites 21 Warehousing and wholesale 22 Manufacturin 23 Heavy industrial Page 3 Ordinance 5425 27 Wholesale bulk petroleum storage facilities with underground tanks 28 Center for collecting recyclable materials 29 Dance halls 30 Extractive uses 31 Facilities emitting odors/handling explosives 32 Sexually oriented businesses 33 Adult live entertainment club or bar 34 Liquor stores 35 Outdoor music establishments 36 Wireless communications facilities 38 Mini-storage units 39 Auto salvage and junk yards 40 Sidewalk cafes 42 Clean technologies 43 Animal boarding and training (3)Businesses operating in a zoning district that does not allow the use and that can not provide proof of their establishment in accordance with the criteria above are declared to be incompatible with permitted uses and shall not hereafter continue except in conformity with the regulations of the district in which it is located. These businesses shall not be eligible to obtain a city business license until or unless they are brought into compliance with the zoning district regulations." Section 2. That the City Council of the City of Fayetteville,Arkansas hereby adopts §161.01 (H)as follows: "(H)Authorized construction use. Permits issued on the basis of plans and applications approved by the Zoning and Development Administrator or Planning Commission authorize only the use,arrangements,and construction set forth in such approved plans and applications, and no other use,arrangement, or construction." Section 3. That the City Council of the City of Fayetteville,Arkansas hereby removes "Certificate of Zoning Compliance" from §159.01(B)(6); Section 4. That the City Council of the City of Fayetteville,Arkansas hereby replaces the term"Certificate of Zoning Compliance"with"Business License" in the following sections of Title XV Unified Development Code. §166.20(B)(1)(d), §174.02(A)(8), and §178.04(B)(6). Page 4 Ordinance 5425 PASSED and APPROVED this 2"a day of August, 2011. APPROVED: ATTEST: By: By: ISM/ 44A L'IONELD JO ,Mayor SO DRA E. SMITH,City er reasurer Pol '1'a 's ;FAYETTEVILLE; g ui�oiu�G<<�� City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/2/2011 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: ADM 11-3894(UDC Chapters 161 Zoning Regulations): An ordinance amending Chapter 161 of the Unified Development Code to remove references to"Certificates of Zoning Compliance"and to address potential existing noncompliant businesses. 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 Previous Ordinance or Resolution# Department Di ctor Date Original Contract Date: Original Contract Number: City Attorney Date '.. Finance and Internal Services Director Date Received in City07-1 5-1 1 P02:56 R C V D Clerk's Office Chief of St Date Received in f �Y L Mayor's Office 11 ay Date Comments: Revised January 15,2009 THE CITY OF FAYETTEVILLE,ARKANSAS TayMKIMe DEVELOPMENTSERVI125DEPARTMENT 725WestAR727 1Fayetteville,AR 72707 Phone (479)444-3443 CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff From: Jeremy Pate, Development Services Director Date: July 13, 2011 Subject: ADM 11-3894 UDC Chapter 161 Zoning Regulations—Proposed Amendments BACKGROUND: Chapter 161.02 "Certificate of Zoning Compliance" of the Unified Development Code requires the Zoning and Development Administrator to issue a Certificate of Zoning Compliance once the use of a building, structure or land has been determined to be in compliance with the City's zoning regulations. New businesses or other uses are supposed to obtain this certificate prior to occupying a property to ensure that the use is permitted in the underlying zoning district. The City does not currently have an active enforcement program for this ordinance; rather, the staff does not issue permits for construction, expansion or other development until a certificate is obtained. The adoption of the Business License program has created a comprehensive review process for multiple city divisions, including a zoning compliance review by the Zoning and Development Administrator. However, until the current Zoning Compliance code section is amended, businesses will be required to obtain both permits. It is the intent of this amendment to reduce the need for both permits and combine them into one, resulting in increased efficiency for both our customers and staff. In addition, it is recognized that with the new Business License program requiring all new and existing businesses located within the city to register, there is the potential that some established businesses may be located in an incorrect zone without knowing they are non-compliant. If this happens to be the case, a business license could not be issued because of non-compliance with the zoning code, and the business may have to cease. It was not the intent of the business license to cease operations of established businesses, nor to recognize those businesses that intentionally circumvent zoning ordinances. It is with this in mind that staff has drafted an amendment to the zoning ordinance to establish a new "grandfather" clause that will allow nonconforming businesses to obtain a Business License and continue to operate so long as they were established by a certain date. For certain relatively low-impact and common business types, staff recommends that the date of September 07, 2010, the date that the Business License ordinance was adopted, be used. These specific uses, if established before September 07, 2010 in a zone that does not permit their operation, will still be able to obtain a business license, and will be considered an "existing non-conforming use," which does not allow their expansion. For other uses, as identified in the attached document, the date of July 15, 2003 is recommended; Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 THE CITY OF FAYETTEVIIIE,ARKANSAS this is the date that the modern zoning map for Fayetteville was adopted, after a comprehensive and exhaustive zoning research project by the Planning Division. Nonconforming businesses that can provide proof of their establishment prior to this date will also be eligible for a business license as a nonconforming use. Businesses or uses outside of those listed within the ordinance to be grandfathered in and operating in a zone that does not permit their operation will not be able to obtain a business license until the zoning issue is resolved. Businesses that comply with the underlying zoning district are considered conforming uses and will be permitted in accordance with city ordinances. RECOMMENDATION: Staff recommends approval of an ordinance to amend Unified Development Code concerning Zoning Compliance and the Business License program(ADM 11-3894). BUDGETIMPACT: None. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 THE CITY OF FAYETTEVILLE,ARKANSAS Zoning Compliance and Business License Following is a complete listing of all established use units within the Unified Development Code, and their proposed classification related to this ordinance amendment.Uses that are already permitted within the zone in which they operate are not subject to these requirements.These are simply for nonconforming uses. Eligible if established prior to September 07,2010 Eligible if established prior to July 15,2003 Use Units: Use Units: 3.Public protection facilities 2. City-wide uses by conditional use permit 4. Cultural and recreational facilities 14.Hotel,motel and amusement facilities 5. Government facilities 16. Shopping goods 6.Agricultural 17.Transportation trades and services 7.Animal husbandry 18. Gasoline service stations&drive in restaurants 12. Limited business 19. Commercial recreation, small sites 13. Eating places 20. Commercial recreation,large sites 15.Neighborhood shopping goods 21.Warehousing and wholesale 24.Home occupation 22.Manufacturing 25. Offices, studios, and related services 23.Heavy industrial 27.Wholesale bulk petro. storage/underground tanks 28. Center for collecting recyclable materials 29. Dance halls 30. Extractive uses 31. Facilities emitting odors/handling explosives 32. Sexually oriented businesses 33. Adult live entertainment club or bar 34. Liquor stores 35. Outdoor music establishments 36. Wireless communications facilities 38.Mini-storage units 39.Auto salvage and junk yards 40. Sidewalk cafes 42. Clean technologies 43.Animal boarding and training The following uses are residential or permitted in all zoning districts and are thus not applicable in this ordinance: 1. City-wide uses by right 8. Single-family dwellings 9. Two-family dwellings 10.Three-family dwellings 11.Manufactured home park 26.Multi-family dwellings 37.Manufactured homes 41.Accessory dwellings Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 ORDINANCE NO. AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE TO REMOVE REFERENCES TO CERTIFICATE OF ZONING COMPLIANCE AND AMEND CHAPTER 161 OF THE UNIFIED DEVELOPMENT CODE TO ADDRESS EXISTING NONCONFORMING BUSINESSES FOR THE PURPOSES OF ISSUING A BUSINESS LICENSE. WHEREAS, the City of Fayetteville now requires a Business License for all business and nonprofits with locations in Fayetteville; and WHEREAS, the information required by the Certificate of Zoning Compliance will now be provided with the Business License; and WHEREAS, Section 161.01 requires any building, structure or land hereafter used or occupied to be in conformance with the zoning regulations of the district in which it is located; and WHEREAS,the City of Fayetteville recognizes that a business may have at some point inadvertently opened in an inappropriate zoning district and the business may contribute positively to the community and surrounding properties or may have opened prior to new ordinances that regulate their use; and WHEREAS,the City of Fayetteville also recognizes that not all business types are compatible with surrounding land uses, and if opened in violation of the zoning code, should not hereafter continue except in conformity with the regulations of the district in which it is located. 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 §161.02 in its entirety and enacts a replacement §161.02, as follows: 11161.02 Zoning Compliance and Business License (A)Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises,or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure until a business license has been issued by the Zoning and Development Administrator stating that the proposed use of the building or land conforms to the requirements of this chapter. (B)Conforming uses. Uses permitted within the underlying zoning district shall be eligible for a business license, subject to §118 of the Fayetteville Code. (C)Nonconforming uses. (1) Uses within the following use unit categories established prior to September 7, 2010 and operating in a zoning district that does not currently allow the use,are for the purposes of zoning compliance determined to be an existing nonconforming use, may continue to operate and are eligible to obtain a city business license. The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 3 Public protection facilities 4 Cultural and recreational facilities 5 Government facilities 6 Agricultural 7 Animal husbandry 12 Limited business 13 Eating laces 15 Neighborhood shopping oods 24 Home occupation 25 Offices, studios, and related services (2) Uses within the following use unit categories established prior to July 15,2003 and operating in a zoning district that does not currently allow the use,are for the purposes of zoning compliance determined to be an existing nonconforming use,may continue to operate and are eligible to obtain a city business license.The exemption shall not be construed as relieving the owner or operator of such business from the regulations of the business license ordinance, including grounds for suspension and revocation, or from any other applicable federal, state, or city regulations. Use Units 2 City-wide uses by conditional use permit 14 Hotel, motel and amusement facilities 16 Shopping oods 17 Transportation trades and services 18 Gasoline service stations&drive in/drive through restaurants 19 Commercial recreation, small sites 20 Commercial recreation, large sites 21 Warehousing and wholesale 22 Manufacturing 23 Heavy industrial 27 Wholesale bulk petroleum storage facilities with underground tanks 28 Center for collecting recyclable materials 29 Dance halls 30 Extractive uses 31 Facilities emitting odors/handling explosives 32 Sexually oriented businesses 33 Adult live entertainment club or bar 34 Liquor stores 35 Outdoor music establishments 36 Wireless communications facilities 38 Mini-storage units 39 Auto salvage and junk yards 40 Sidewalk cafes 42 Clean technologies 43 Animal boarding and training (3) Businesses operating in a zoning district that does not allow the use and that can not provide proof of their establishment in accordance with the criteria above are declared to be incompatible with permitted uses and shall not hereafter continue except in conformity with the regulations of the district in which it is located.These businesses shall not be eligible to obtain a city business license until or unless they are brought into compliance with the zoning district regulations." Section 2.That the City Council of the City of Fayetteville,Arkansas hereby adopts §161.01 (H) as follows: "(H)Authorized constructionluse. Permits issued on the basis of plans and applications approved by the Zoning and Development Administrator or Planning Commission authorize only the use, arrangements, and construction set forth in such approved plans and applications, and no other use,arrangement, or construction." Section 3.That the City Council of the City of Fayetteville,Arkansas hereby removes "Certificate of Zoning Compliance"from §159.01(B)(6); Section 4. That the City Council of the City of Fayetteville,Arkansas hereby replaces the term"Certificate of Zoning Compliance"with"Business License" in the following sections of Title XV Unified Development Code. §I 66.20(B)(1)(d), §I 74.02(A)(8), and §178.04(B)(6). PASSED and APPROVED this day of� 2011. ATTEST: APPROVED: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer TITLEXV UNIFIED DEVELOPMENT CODE CHAPTER ft ZONING REGULATIONS 161.01 APPLICATION OF DISTRICT REGULATIONS...............................................................................3 reorrerrATAne WkIN0 rtneeo� NCE ZOJ�IIN6 :,COMPLIANCE,AN,D BUSINESS LICENSE ...................................................................................................................................3 161.03 DISTRICT R-A, RESIDENTIAL-AGRICULTURAL............................................................................. 161.04DISTRICT RSF-.5, RESIDENTIAL SINGLE-FAMILY—ONE HALF UNIT PER ACRE...................... 161.05 DISTRICT RSF-1, RESIDENTIAL SINGLE-FAMILY—ONE UNIT PER ACREError! Bookmark not defined. 161.06 DISTRICT RSF-2, RESIDENTIAL SINGLE-FAMILY—TWO UNITS PER ACREError! Bookmark not defined. 161.07 DISTRICT RSF-4, RESIDENTIAL SINGLE-FAMILY—FOUR UNITS PER ACREError! Bookmark not defined. 161.08 DISTRICT RSF-7, RESIDENTIAL SINGLE-FAMILY—SEVEN UNITS PER ACRE ......................... 161.09 DISTRICT RSF-8, RESIDENTIAL SINGLE-FAMILY—8 UNITS PER ACRE.................................... 161.10 DISTRICT RT-12, RESIDENTIAL TWO AND THREE FAMILY......................................................... 161.11 DISTRICT RMF-6, RESIDENTIAL MULTI-FAMILY—SIX UNITS PER ACRE 161.12 DISTRICT RMF-12, RESIDENTIAL MULTI-FAMILY—TWELVE UNITS PER ACRE ...................... 161.13 DISTRICT RMF-18, RESIDENTIAL MULTI-FAMILY—EIGHTEEN UNITS PER ACRE................... 161.14 DISTRICT RMF-24, RESIDENTIAL MULTI-FAMILY—TWENTY-FOUR UNITS PER ACRE...................................................................................................Error! Bookmark not defined. 161.15 DISTRICT RMF-40, RESIDENTIAL MULTI-FAMILY— FORTY UNITS PER ACRE......................... 161.16 NEIGHBORHOOD SERVICES............................................................ Error! Bookmark not defined. 161.17 DISTRICT R-O, RESIDENTIAL OFFICE............................................................................................ 161.18 DISTRICT C-1, NEIGHBORHOOD COMMERCIAL........................................................................... 161.19 COMMUNITY SERVICES................................................................................................................... 161.20 DISTRICT C-2, THOROUGHFARE COMMERCIAL.......................................................................... 161.21 URBAN THOROUGHFARE................................................................. Error! Bookmark not defined. 161.22 DISTRICT C-3, CENTRAL COMMERCIAL........................................................................................ 161.23 DOWNTOWN CORE............................................................................Error! Bookmark not defined. 161.24 MAIN STREET/CENTER.................................................................................................................... 161.25 DOWNTOWN GENERAL.................................................................................................................... CD161:1