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
161.26 NEIGHBORHOOD CONSERVATION .....
161.27 DISTRICT 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL ...................................................
161.28 DISTRICT 1-2, GENERAL INDUSTRIAL............................................................................................
161.29 DISTRICT P-1, INSTITUTIONAL........................................................................................................
161.30 DISTRICT E-1, EXTRACTION............................................................................................................
161.31 DESIGN OVERLAY DISTRICT (1-540 HIGHWAY CORRIDOR.........................................................
161.32 PLANNED ZONING DISTRICT...........................................................................................................
161.33-161.99 RESERVED.............................................................................................................................
CD161:2
CHAPTER 161: ZONING REGULATIONS
161.01 Application of District
Regulations
Minimum regulations/exceptions. The regulations set
by this chapter within each district shall be minimum
regulations and shall apply uniformly for each class or
kind of structure or land, except as hereinafter
provided:
(A) General. No building, structure, or land shall
hereafter be used or occupied, and no building or
structure or part thereof shall hereafter be
erected, constructed, reconstructed, moved or
structurally altered except in conformity with all
the regulations herein specified for the district in
which it was located.
(B) Limitations. No building or other structure shall
hereafter be erected or altered:
(1) Height/bulk. To exceed the height or bulk;
(2) Number of units. To accommodate or house
a greater number of units;
(3) Lot area. To occupy a greater percentage of
lot area;
(4) Setback/open spaces. To have narrower or
smaller rear setbacks, front setbacks, side
setbacks, or other open spaces than herein
required; or
(5) Other. In any other manner contrary to the
provisions of this chapter.
(C) Independent compliance. No part of a setback,
or other open space, or off-street parking or
loading space required about or in connection
with any building for the purpose of complying
with this chapter shall be included as part of a
setback, open space, or off-street parking or
loading space similarly required for any other
building.
(D) Effective date. No setback or lot existing on June
29, 1970, shall be reduced in dimension or area
below the minimum requirements set forth herein.
Setbacks or lots created after June 29, 1970,
shall meet at least the minimum requirements
established by this chapter.
(E) Annexation. All territory which may hereafter be
annexed to the city shall be considered to be in
District A-1 until the territory is rezoned as
provided herein.
(F) Measuring setbacks.
(1) Front. Measured from the street right-of-
way, or street right-of-way setback as
required by the Master Street Plan.
(2) Side. Measured from the side property line.
(3) Rear. Measured from the rear property line.
(4) Corner. A comer lot has two fronts and two
sides.
(G) Conditional Uses. These uses are permissible if
approved by the Planning Commission. See
Chapter 163, Use Conditions.
(Code 1965, App. A., Art. 3; Ord. No. 1747, 6-29-70; Code
1991, §160.016; Ord. No. 4100, §2 (Ex. A), 6-16-98)
161.02 Certificate Of Zening.
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
businesslicenseshall have has been issued
therefore 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 zoningdistrict shall be eligible for a
business license, subject to §118 of the
Fayetteville Code.
CD161:3
(C) Nonconforming uses.
tJse.Units
3
Public
protectionfbeflitles
4
Cultural
and recreational facilities
5
Government facilities
6
Q ricultural
7
Animal husband '
12
Urnited business
13
Earing
Places
15
Nei' hbornood
sho in` oods
24
Home occupation
25
Offices, studios, and related services
UseUnits
2
City-wide uses by right
14
Hotel; motel and amusement
facilities
16
Shopping oods
17
Transportation trades and services
18
Gasoline service stations & drive in
restaurants
19
Commercial recreation,'srnailsltes
20
Commercial rebreation la e. sites
21
W. - hoxl5ttig'a td 1h,61 sale
22
Manufacturing`
23
Hea "; industriel
27
Wholgsdlebulk0'etrolodufsto'.
facilil esw'ItlsGiic(erg 040"d ste,
tanks
28
Centecfor collecting recyclo'10
materials
29
Danee trans
30
Ddracfive;uses
31
Facilities emitting odors/fiantlling
ez losives
32
Sexual ' .orienteel';;busirtessies
33
AdU
34Itrl�eentertnntten:`]'s1"':#1cb""
�I UAStOYeS
35
Outd66r,musi&,,4 blishir [it
36
Wire[ess.CorxwrkiiriieaYii�rlsf ;slliCt25
38
Mini=story 6 ut its
39
A O',00lva Band finks Ards
40
Sidewalk cafes
42
Cleaatechnolo"es
43
Ahirriel boardiri and t gmfn' `
CD161:4
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 159: FEES
159.01 FeesiSchedule
11 Concept Plat $50.00
(A) Fees. Fees shall be imposed, as set forth below,
to cover the cost of public notices and such other
expenses as may be incurred in connection with
processing of applications, plan reviews,
amendments, permits, variances and other
matters pertaining to the UDC.
(1) An alderman may present a resolution to the
City Council to waive, or reduce
development permit fees otherwise required
by this chapter, elsewhere within the Unified
Development Code. If the reduction, or
waiver would serve the public interest,
alleviate an unfair burden upon an applicant,
or be beneficial to the city as a whole, the
City Council may grant such reduction, or
waiver of permit fee.
(B) Fee schedule.
(1) General. Unless specific fees are set forth
below, the City Council shall, by resolution,
establish a schedule of fees and a collection
procedure. The schedule of fees shall be
posted in the Planning Division.
(2) Signs.
(a) Signs. For each sign or other
advertising structure regulated by
Chapter 174; $10.00 plus $1.00 per
square foot of sign face.
(b) Windblown signs. $10.00.
11 Lot split 1 $200.00
Larae Scale Develooment
Nonresidential
$800.00
10 or less residential units
$200.00
25 or less residential units
$400.00
26 or more residential units
$800.00
Planned Zonino District
Nonresidential
$1,125.00
Residential:
10 or less residential units/lots
$525.00
25 or less residential units/lots
$725.00
26 or more residential units/lots
$1,125.00
(4) Physical alteration of land.
Permit Fee
Less than acre
$75.00
'A to 1 acre
$100.00
Over 1 acre
$200.00
Appeals
$100.00
(Ord. No. 4113, 8-18-98)
(5) Drainage. Non-refundable permit application
fee.
Up to 0.5 acre
$75.00
0.51 to 1.0 acre
$100.00
Over 1.0 acre
$200.00
Appeals
$100.00
(c) Sign variance. Filing fee: $350.00 (6) Zoning.
(3) Development.
Cnncurrent Plat
Nonresidential
$800.00
10 or less residential units
$200.00
25 or less residential units
$400.00
26 or more residential units
$800.00
Preliminary Plat
Nonresidential
$800.00
11 10 or less residential units
li $200.00
11 25 or less residential units
1 $400.00
11 26 or more residential units
1 $800.00
Final plat
Nonresidential
$800.00
10 or less residential units
$200.00
25 or less residential units
$400.00
26 or more residential units
$800.00
Rezoning
$325.00
Accessory Dwelling
$100.00
Conditional use
$100.00
Manufactured home:
Initial permit
$25.00
Renewal
$12.50
Home occupation:
Initial permit
$25.00
Renewal
$12.50
Variance:
Before any violation has occurred
$25.00
After any violation has occurred
$100.00
Appeal of Zoning and Development
Administrator interpretation
$25.00
$25:00
CD159:3
(7) Streets and sidewalks.
Driveway and curb cut $20.00
CHAPTER 166: DEVELOPMENT
166.20 Expiration Of Approved Plans
And Permits
(A) Applicability. The provisions of this section apply
to all of the following plans and permits:
(1) Preliminary plats;
(2) Planned zoning district developments;
(3) Conditional uses;
(4) Large-scale developments;
(5) Lot splits;
(6) Physical alteration of land permits;
(7) Storm water, drainage, and erosion control
permits;
(8) Tree preservation plans; and
(9) Floodplain development permits.
(B) Time limit.
(1) Tasks to be completed. All of the above -
enumerated plans and permits are
conditioned upon the applicant
accomplishing the following tasks within one
(1) year from the date of approval:
(a) For any renovation or new construction,
receive all building permits for the
project; and/or,
(b) For a Planned Zoning District, comply
with the approved phasing plan; and/or
(c) For a lot split, record a deed or survey at
the Washington County Circuit Clerk's
Office, stamped for recordation by the
City Planning Division; and/or,
(d) Receive a $. Ser[ifisate
Gf 7GROR9 GGFRpliaRGG; and/or,
(e) Receive all permits and approvals
required by City, County, State, and
Federal regulations to complete
construction of the development or
project.
(2) Administrative Extension Within One Year.
Prior to the expiration of the one (1) year
time limit, an applicant may request the
Zoning and Development Administrator to
extend the period to accomplish the tasks by
up to one (1) additional year. The applicant
has the burden to show good cause why the
tasks could not reasonably be completed
within the normal one (1) year limit.
Extensions that are not permitted
administratively may be requested of the
Planning Commission within ten days of the
final administrative decision.
(3) Planning Commission Extension Within 18
months. Should an applicant miss the
deadline to request an administrative
extension, within eighteen months of the
date of approval the applicant may request
the Planning Commission to extend the
period up to one (1) additional year from the
original date of approval, subject to the
burden of showing good cause as described
in this section.
(4) Planning Commission Extension. Prior to
the expiration of any allowed extension
period (maximum of two years from the date
of original approval), an applicant may
request the Planning Commission to extend
the period to accomplish the tasks by up to
one (1) additional year, if the plans and
permits are substantially the same as those
originally approved. The applicant has the
burden to show good cause why the tasks
could not reasonably be completed within
the normal one (1) year limit and the
permitted extension period. Extensions
beyond three (3) years from the original date
of approval shall not be permitted.
(5) Ordinance Amendments. To receive
approval of an extension, the applicant shall
comply with all applicable zoning and
development requirements that have been
adopted subsequent to the original project
approval. Projects that must be substantially
modified to meet new code requirements are
subject to Ch. 166.05 (F) Modifications.
(6) Variances. Variances from applicable zoning
and development requirements that have
been adopted subsequent to the original
project approval shall be reviewed by the
Planning Commission prior to approval of the
extension.
(7) Expiration. If the required task(s) are not
completed within one (1) year from the date
of approval or during an allowed extension
Fayetteville Code of Ordinances
CHAPTER 174: SIGNS
174.01 General Regulations
(A) Permit required. It shall be unlawful for any
person to erect, repair, alter, relocate or keep
within the city any sign or other advertising
structure except as exempted herein without first
obtaining a sign permit from the Zoning and
Development Administrator or designee.
(B) Illuminated signs. All illuminated signs shall, in
addition, be subject to the provisions of the
electrical code, and the permit fees required
thereunder.
(C) Fees. Every applicant, before being granted a
permit hereunder, shall pay to the Zoning and
Development Administrator's Office the permit
fee set forth in Chapter 159.
(D) Maintenance of premises. All freestanding signs
and the premises surrounding the same shall be
maintained by the owner thereof in a clean, (8)
sanitary, and inoffensive condition, and free and
clear of all obnoxious substances, rubbish and
weeds.
(Code 1965, §§178-3(a), (c), (e), 4(b); Ord. No. 1893, 12-19-
72; Ord. No. 2198, 2-17-76; Ord. No. 2790, 1-18-82; Code
1991, §§158.05, 158.20, 158.22, 158.24, 158.38; Ord.
No.3925, §4, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. 4972, 1-16-07)
174.02 Permit Application/issuance
(A) Application. Applications for initial sign permits
shall be made upon forms provided by the Zoning
and Development Administrator and shall contain
or have attached thereto the following
information:
(1) Applicant identification. Name, address and
telephone number of the applicant.
(2) Location. Location of building, structure, or
lot to which or upon which the sign or other
advertising structure is to be attached or
erected.
(3) Position. Position of the sign or other
advertising structure in relation to nearby
buildings or structures.
(4) Blueprintsldrawings. Two blueprints or ink
drawings of the plans and specifications and
method of construction and attachment to
the building or in the ground.
(5) Person erecting structure. Name of person,
firm, corporation, or association erecting
structure.
(6) Consent of owner. Written consent of the
owner of the building, structure, or land to
which or on which the structure is to be
erected.
(7) Electrical permit. Any electrical permit
required and issued for said sign.
Application requesting electrical permit for
proposed sign must accompany sign
application.
(8) Full Compliance With Applicable Code
Provisions. If the proposed sign is subject to
the provisions of the Commercial Design
Standards( 166.14 , Desi n Overlay District
N % 6ecti#isate of
or other code provisions,
the applicant must show full compliance with
all applicable code provisions, including
necessary approvals by responsible bodies
such as the Planning Commission.
Issuance of sign permit. It shall be the duty of
the Zoning and Development Administrator or
designee, upon the filing of an application for an
erection permit, to examine such plans and
specifications and other data and the premises
upon which it is proposed to erect the sign or
other advertising structure, and if it shall appear
that the proposed structure and sign are in full
compliance with all the requirements of this
chapter and all other laws and ordinances of the
city, he shall within five business days issue the
sign permit. If the Zoning and Development
Administrator or designee fails to reject a
completed sign application (that purports to show
full compliance with all code requirements) within
ten business days of its submission by written
explanation of why such application fails to meet
all code requirements, the sign application shall
be deemed approved and a sign permit shall be
immediately issued to the applicant. If the work
authorized under a sign permit has not been
completed within six (6) months after date of
issuance, the said permit shall became null and
void.
(C) Appeals of Sign Permit Denials. All decisions and
interpretations of the Zoning and Development
Administrator under this Chapter shall be
considered final administrative actions for the
purpose of the appeals set forth at § 155.01.
(Ord. No. 1965, §1713 3(b), (d); Ord. No. 1893, 12-19-72;
Ord. No. 2198, 2-17-76; Code 1991, §§158.21; 158.23; Ord.
No. 4100, §2 (Ex. A), 6-16-98; Ord. 4652, 12-07-04; Ord.
4972, 1-16-07)
174.03 Exemptions
Exemptions shall not be construed as relieving the
owner of such signs from the responsibility of
CD174:2
Fayetteville Code of Ordinances
CHAPTER 178: OUTDOOR VENDORS
(11)AII sidewalk vendors must pick up and
properly dispose of all paper, cardboard,
metal, plastic or other litter in any form
(including cigarette butts) within the sidewalk
area assigned to the vendor within thirty
minutes of the end of daily operations.
Failure to completely remove all such litter
from the authorized sidewalk location shall
constitute a violation of the permit approval.
(b) Type of items sold or services rendered.
A change in product or service will
require a new permit to be issued.
(c) A valid copy of all necessary permits
required by State and County health
authorities.
(d) Proof of application for remittance of
(12) No sidewalk vendor shall solicit, berate or
HMR tax to the City of Fayetteville.
make any noise of any kind by vocalization
or otherwise, for the purpose of advertising
(a) Means to be used in conducting
or attracting attention to his wares. No
business including but not limited to a
audible amplified music shall be permitted.
description of any mobile device to be
used for transport or to display approved
(H) Signage. Sidewalk vendors shall obtain a sign
items or services.
permit from the Planning Division prior to the
issuance of a permit to operate. Sidewalk
(f) A detailed site plan and written
vendors are permitted a total of one (1) A -frame
description illustrating the type, location,
sandwich/menu board subject to Ch. 174 Signs
and dimensions of the mobile vendor
regulating these type of signs. The menu board
business including parking.
shall list the products and prices for the items
being vended. Only products or services
(g) Written authorization, signed by the
available at the vending location shall be
property owner or legal representative of
displayed.
record, stating that the transient
merchant business is permitted to
(1) Revocation of the Sidewalk Vendor Permit. The
operate on the subject property.
Zoning and Development Administrator is
authorized to revoke a sidewalk vendor's permit if
(3) The permit issued shall not be transferable in
it is determined that a violation of the
any manner.
requirements of the Unified Development Code
has occurred.
(4) The permit is valid for one mobile vendor
location only.
(Ord. 5185, 10-7-08; Ord. 5321, 5-18-10)
(5) The proposed use shall be a permitted use-
178.04 Outdoor Mobile Vendors Located
by -right within the underlying zoning district
On Private Property
in order to be permitted.
(A) Purpose. To permit outdoor mobile vendors, also
(6) A TemporaryUsir(ers'r"111sfc >;ertificate-ef
known as transient merchants, to operate on
ZeRiRg Gempliai:iGe (90 days) shall be
private property while preserving and protecting
approved by the Planning Division.
the health, safety and welfare of citizens.
(7) Outdoor mobile vendors are allowed on a
(B) Requirements. Transient merchants located on
temporary basis (90 days), by nature of their
private property shall meet the following
temporary occupancy, in one location over a
requirements and submittals prior to approval:
one-year (twelve month) timeframe. Outdoor
mobile vendors may move to a different
(1) Permit Application. Each application for a
location after this 90-day period has expired.
permit to conduct a transient merchant
However, a new Outdoor Mobile Vendor
business shall be accompanied by a $50
Application will have to be reviewed and
permit review and processing fee.
approved by the Planning Division for a new
location.
(2) Application for a permit to conduct a
transient merchant business shall include the
(8) Outdoor mobile vendors shall be in compliance
following items in a format acceptable to the
with parking lot requirements for any existing and the
Zoning and Development Administrator:
proposed business. The number of required parking
spaces is determined by the use and size of the
(a) Name, address and contact information.
CD178:2
NORTHWEST ARKANSAS DEMOCRATGAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
THE RNORTHWEST DRNEWSPAPESLLCB COUNTYAILECORD
212 NORTH FAST AVENUE. FAYEfTEVILLE, ARKANSAS 72701 1 PG BOX 1607. 72702 1 479-442-1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville
Ordinance 5425
Was inserted in the Regular Editions on:
August 11, 2011
Publication Charges: $ 343.70
0i WL-1_
Cathy Wiles;!
Subscribed and sworn to before me
This (S day ofO,,,.a ,� 2011.
RECEIVED
AUG 1 6 2011
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
�L 4,J
NotPublic/ �
My Cornmission Expires: ip.2ti Laf�
ORDINANCE NO. 6925
AN ORDINANCE AMENDING THE UNIFIED Ye
DEVELOPMENT CODE OF THE CITY OF
FAYETEVILLE TO REMOVE REFERENCES
TO CERTIFICATE OF ZONING COMPLIANCE Asxrx sns
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 bminess 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, Becton 161.01 requires any Wilding, structure or land hereafter wild or occu
pied 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 Faystlevllle also recognizes that net all business types are compatible
with surrounding land uses, and if opened in violation M the zoning code, should not hereaf-
ter Continue except in conformity with the regulations of the distinct in which it is located.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEWLLE, ARKANSAS:
Secitheil That the City Council of Me City of Fayetteville, Arkansas hereby repeat §161.02
in its entirety and enacts a replacement 11161.02, as follows:
-161.02 Zoning Compliance and Business License
(Aj Required It shall be unlawful to use or occupy or permit the use or occupancy M any
Wiltling or premises, or both, or pad thereof hereafter created, erected, changed, conveNe4
or wholly or pertly altered, or enlarged in its use or structure until a business license has been
issued by the Zoning and D.I.fimenl Administrator stating that the Proposed use of the
Wilding or and Conforms to the requirements of this chapter.
(B) Conforming was. Uses permitted within the underlying zoning district shall bu eligible for
a business license, subject to §118 M 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 end are eligible to obtain a city business license. The exemp-
tion shall not be construed as relieving the ovmer 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, slate, or city regulations.
Use Units
3
Public protection facillties
4
Cultural and recreational facilities
5
Government facilities
6
Agricultural
7
Animal husbandry
12
Unded Wall
13
Rating places
15
NaghborWod shopping goads
24
Home occupation
25
Offices, studios, and related services
(2) Uses within the fallowing use unit Categories establishetl prior to July 15. 2003
and operating In a zoning district that does not currently Glow tire use, are for the
purposes of zoning compllance determined to be an existing nonconforming use, may
continue to operate and are eligible to obtan 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,
**NOTE**
If
Please do not pay from Affidavit. Invoice will be sent.
Use Units
2 CRY?puses by Wnditkl_use pehhll
14 Hotel, motel arW emusemenl fadlttles
16 . Shopping goods
17 Transportation trades end seMoes
18 Cesollne Service stations 8 drive lWdrlve through restaurants
CWninsrcm recreation. smart sites
20 Canrmerdel reaeaeon. large sites
21 Watehoilgng and Wiiolesels
22 Manulacturltg
23 Heavy Industrial
27 Wndssale bulk PelrOWUM et«ago faoumeg Wth rmdergmwW tanks
28 Canter for wise" recyVahts me1211a1s
29 DanCa belle .
30 ediaoavellaes
-31 FaaNsfa ahllterg cdom4.,Ang eKplcelvss
32 3a%rlalry arSnled lxweaaga
33 Pl1Wl lVs anlmtnfnment club ar by
34 Llquor. kohlo
35 Outdoor mut&G ostai*omams
36 Wrcefa!S Communl¢gluro(aagies
.38 Mmbb[Wage urits
39 Auroorlegoendlwixywds
40 Sldawa8 Wes
42 CIM leGviolco"
43 Ankdal boera'hig sad loaning
(3) B OfMusssa; ematting n a Zoning dLslkl Thal does not Vow Ore use and that'
Can Ml MoOdb WWt Of their WebPSYvnent ki ar.0 khfnue YAlh me crMM, shove_
we deWared to W Ir o""1iNB WAIT Parmilted usea sold ghee hol hereeher contlnue .
eaoapf A conformity vAlh leis ragWelbrm of the dbtrkl of whoh II l b sod. These
011WIiesaw shaS ml he al M to cbta" a df, blMhess kcanse o,q l a W less Play,
are txotgMintoc P4utce We Me zONIg dreuicl regldgtfan5,'
3"110M 2 That the ni ty CCanaa of Ilg Cl[y c! FayellBwRA, Adrenaae horel',y adopts §I61,01
IH) ae fomvn:
." /WOral+ad vmm` s"' PWMIW issued W tits b&als of plans and eppllC¢Ilons
aPWavnd M the 2anvp7 ardl Deretapmeol Administrfam or Punning Commission authome
only the ous, arts gWflgnta and DOoSbucaW set INih In sec,, approved plans aM eppAm
flans, arnl rw other use, arrehgahle(!I. I, WrlBkricaprt-
BtMn 3 That the City Ccur� Of the C#Y of Fayetteville, Arkansas hereby removes
Certificate bi zaNng Com0anco' from §159.01(BJI6);
&,,Von e. The[ lie City Catlnca of tiro Cily of Fayetteville, Adumsas hereby replaces the
lera, 'Ca fl a w of Zon ng a mpla,,e vAth'BUSIhaBa License In the felloWng sections; of
title Xv Un1w DSAIOpmenl Code.
$166.20(8)(1)(d), §174.02(A)(8), and §178.04(BX6).
PASSED erm APPROVED OAS 2w daY Of August, 2011,
APPROVED: ATTEST:
By: Or
LIONELD JORDAN, MaYue SSONDRA E SMRN, Qky Clef W jregaur W