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Home My WebLink AboutOrdinance 5500 ORDINANCE NO. 5500 AN ORDINANCE TO AMEND §33.250 COMPOSITION; MEMBERSHIP OF THE BOARD OF ADJUSTMENT TO REDUCE THE NUMBER OF MEMBERS FROM SEVEN TO FIVE AND THE TERM FROM FIVE TO THREE YEARS WHEREAS, it has been difficult to attract enough citizens to fill the current seven positions on the Board of Adjustment with its five year terms of office; and WHEREAS, lowering the number of members to five and reducing the term of office to three years should help to ensure the necessary quorum for this important board will be achieved for each meeting. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends §33.250 Composition; Membership of the Board of Adjustment by replacing "seven" with "five" for the number of members and "five" with "three" for the period of years for each member's term, all as shown on Exhibit A attached. PASSED and APPROVED this 15th day of May, 2012. APPROVED: ATTEST: By: By: 444.4u 4�7, O LD J N. Mayor SONDRA E. SMITH, City Clerk/Treasurer o`6reseekrrrr€ Y too a FAYETTEVILLE BA`Ao V TOO °J�4S0b AAa6d6€9<E9xc�lb EXHIBIT "A" CITY CODE ARTICLE XII 33.250 Composition; Membership The Board of Adjustment shall consist of five members with its members to be appointed by the City Council,each for a term of three years. Appointments shall be staggered. A majority of the membership of the Board of Adjustment shall constitute a quorum. Members of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the City Council for the unexpired term of the member affected. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5/15/2012 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: ADM 12-4119: Administrative Item (City Code Article XII): Submitted by City Planning Staff and the City Attorney. The proposal is to amend Article XII of City Code to reduce the number of Board of Adjustment members from seven to five, and reduce the term limits from five to three years. 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 0 - =- y Previous Ordinance or Resolution# Department D ector Date Original Contract Date: L61LOriginal Contract Number: City ney I Date Cx- Finance and Internal Services Director Date Received in City 04—2 5—1 2 Al 0:5 9 R C V D Clerk's Office Chief of S D e Received in ED Mayor's Office yor D e Comments: Revised January 15,2009 City Council Meeting of May 15, 2012 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff From: Jeremy C. Pate, Development Services Director O\ Date: April 24, 2012 Subject: Modification to Board of Adjustment Members and Terms (ADM 12-4119) RECOMMENDATION Planning staff recommends approval of an ordinance amending Article XII of City Code to modify the number of members and term limits for the Board of Adjustment. Staff recommends the number of members be reduced from seven to five, and the term limits be reduced from five years to three years. BACKGROUND Over the past several years the City has had difficulty obtaining members for the Board of Adjustment. This board has frequently operated at a fewer number of appointees than required due to lack of applications. This has resulted in difficulty in making quorum at at meetings. Staff's opinion is that because this board meets only once a month, and deals with technical zoning variances, there is a somewhat limited pool of volunteer applicants. Additionally, because of the long term limits it is difficult to obtain volunteers that are willing to commit to a five-year term. The proposed term limits would be consistent with the three-year limit for our planning commission, and the reduced number of members should make it easier to have a fully appointed Board of Adjustment. BUDGET IMPACT None. ARTICLE XII BOARD OF ADJUSTMENT 33.250 Composition; Membership The Board of Adjustment shall consist of seven five members with its members to be appointed by the City Council, each for a term of #Ye three years. Appointments shall be staggered. A majority of the membership of the Board of Adjustment shall constitute a quorum. Members of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the City Council for the unexpired term of the member affected. (Code 1965,App.A,Art. 12(1);Ord.No. 1747,6-29-70;Code 1991,§160.170;Ord.No.4099,§1,6-16-98) 33.251 Proceedings Of Board Of Adjustment (A) The Board of Adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of the unified development ordinance. Meetings shall be held at the call of the chairperson and at such other times as the Board of Adjustment may determine. The chairperson, or in his absence,the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. (B) The Board of Adjustment shall keep minutes of its proceedings,showing the vote of each member upon each question, or if absent or failing to vote indicating the fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the city planner. (Code 1965,App.A,Art. 10(i);Ord.No. 1747,6-29-70;Code 1991,§160.174;Ord.No.4099,6-16-98) 33.252 Administrative Review The Board of Adjustment shall hear and decide appeals where it is alleged there is error or ambiguity in any order, requirement, decision, interpretation, or determination made by the city planner in the enforcement of Zoning, Chapters 160 through 164. (Ord. No.4099,6-16-98) Cross reference(s)--Appeals,Ch.155;Variances,Ch. 156. ORDINANCE NO. AN ORDINANCE TO AMEND §33.250 COMPOSITION; MEMBERSHIP OF THE BOARD OF ADJUSTMENT TO REDUCE THE NUMBER OF MEMBERS FROM SEVEN TO FIVE AND THE TERM FROM FIVE TO THREE YEARS WHEREAS, it has been difficult to attract enough citizens to fill the current seven positions on the Board of Adjustment with its five year terms of office; and WHEREAS, lowering the number of members to five and reducing the term of office to three years should help to ensure the necessary quorum for this important board will be achieved for each meeting. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends §33.250 Composition; Membership of the Board of Adjustment by replacing "seven" with "five" for the number of members and "five" with "three" for the period of years for each member's term, all as shown on Exhibit A attached. PASSED and APPROVED this 15th day of May, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" CITY CODE ARTICLE XII 33.250 Composition; Membership The Board of Adjustment shall consist of five members with its members to be appointed by the City Council, each for a term of three years. Appointments shall be staggered. A majority of the membership of the Board of Adjustment shall constitute a quorum. Members of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the City Council for the unexpired term of the member affected. NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OFSPRINGDALE THE MORNING NEWS OF ROGERS N F�(TS PADE LLC NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607,72702 1 479.442.1700 1 WWW.NWANEWS.COM RECEIVE AFFIDAVIT OF PUBLICATION JUN 0 5 2012 I, Karen Caler, do solemnly swear that I am the Legal Clerk of the CITY ITTY CLERKS OFFICEE 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 5500 '-ORDI1144ANCE'N0.55pp .; AN ORDINANCETOAMEND§33 P50 COw1P,QS)TION MEMBERSHIP OF'THE BOARD;OF ADJUSTMENT SE " REDUCE THE NUMBER OF MEMBERS FROM SEVEN TO FyE AND THE TERM FROM;-FIVE TO . Was inserted in the Regular Editions on: THREE YEARS e WHEREAS it has been difficult�to attract=enough naKarosns May 24, 2012 fofflcitizens tafi0 the current seven positions on the Board of Adjustment°wnh rte fve year temps of office a(?d WHEREAS,lowering the number of members to five and r`educmg the term of office to three years should help to ensure the,ne11 'y quorum for this-Important board will be'achieved,� for each meeting Publication Charges: � 64.85 NOW,TMLLE,AR ARKANSAS: B1 THE Cil Y COUNI'.14 OF THE'C�7y OF'� ', g FAYET tEVILLE,ARKANSAS: Section 1_That the City Council of the City of Fayetteville gtkansas hereby amends§33 250- Compoaihoh Memberstpp of the Board of Adjbstment by ieplacing"seven'with"five for the number of ihembers and five With"thfee'for,,Ihe penod=ofyears foceen member,'=s term all as shown on E—ot"A attached. PASSED antl AppppVED'this 15th'"day of May,2012.' APPROVED: By, ATTEST: LIONE for his D 6y AI�,'wyor ONDRA'E:§NIITH C' Exhibits for this ordirierioe may be viewed in the office of 1heaCity O 8 Wju arurer Karen Caler Subscribed and sworn to before me This 3i day of �(,� , 2012. W� Notary Public My Commission Expires: 2/2-,12ai r � - _ 71 **NOTE** Please do not pay from Affidavit. Invoice will be sent.