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