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HomeMy WebLinkAboutORDINANCE 6223pF FAYErTF V T \�l'n 9Rk ANS PS 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6223 File Number: 2019-0482 AMEND CHAPTER 161, SIDEWALK CAFES: AN ORDINANCE TO AMEND CHAPTER 161, ZONING REGULATIONS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE BY MOVING SIDEWALK CAFES FROM CONDITIONAL USES TO PERMITTED USES IN COMMERCIAL AND MIXED-USE ZONES TO ALIGN WITH THE INTENT OF ORDINANCE 5979 TO ALLOW ADMINISTRATIVE APPROVAL OF SIDEWALK CAFES WHEREAS, in 2017 the City Council approved Ordinance 5979, which was intended to amend the Unified Development Code to allow the City Planning Division to administratively approve sidewalk cafes; and WHEREAS, the ordinance provided for an amendment to § 178.02, Sidewalk Cafes but not Chapter 161, Zoning Regulations, which needed to be changed to move sidewalk cafes from conditional uses to permitted uses within commercial and mixed-use zoning districts. 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 §§ 161.18, NS -L, Neighborhood Services -Limited; 161.19, NS -G, Neighborhood Services -General; 161.21, District C-1, Neighborhood Commercial; 161.22, Community Services; 161.23, District C-2, Thoroughfare Commercial; 161.24, Urban Thoroughfare; 161.25, District C-3, Central Commercial; 161.26, Downtown Core; 161.27, Main Street/Center; and 161.28, Downtown General in the Fayetteville Unified Development Code by moving "Sidewalk Cafes" from conditional uses to permitted uses. Page 1 Printed on 914119 File Number: 2019-0482 Ordinance 6223 PASSED and APPROVED on 9/3/2019 Attest: A�_.11111111111 1 Sondra E. Smith, City Clerk T'�/ TR,��. �; G� Y FAYETTEVILLE :�_ 1i oN►► o Page 2 Printed on 914119 113 West Mountain Street Cit of Fayetteville, Arkansas �0 \ Fayetteville, AR 72701 (479) 575-8323 15 Text File --® File Number: 2019-0482 Agenda Date: 9/3/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C 4 AMEND CHAPTER 161, SIDEWALK CAFES: AN ORDINANCE TO AMEND CHAPTER 161, ZONING REGULATIONS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE BY MOVING SIDEWALK CAFES FROM CONDITIONAL USES TO PERMITTED USES IN COMMERCIAL AND MIXED-USE ZONES TO ALIGN WITH THE INTENT OF ORDINANCE 5979 TO ALLOW ADMINISTRATIVE APPROVAL OF SIDEWALK CAFES WHEREAS, in 2017 the City Council approved Ordinance 5979, which was intended to amend the Unified Development Code to allow the City Planning Division to administratively approve sidewalk cafes; and WHEREAS, the ordinance provided for an amendment to § 178.02, Sidewalk Cafes but not Chapter 161, Zoning Regulations, which needed to be changed to move sidewalk cafes from conditional uses to permitted uses within commercial and mixed-use zoning districts. 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 §§ 161.18, NS -L, Neighborhood Services -Limited; 161.19, NS -G, Neighborhood Services -General; 161.21, District C-1, Neighborhood Commercial; 161.22, Community Services; 161.23, District C-2, Thoroughfare Commercial; 161.24, Urban Thoroughfare; 161.25, District C-3, Central Commercial; 161.26, Downtown Core; 161.27, Main Street/Center; and 161.28, Downtown General in the Fayetteville Unified Development Code by moving "Sidewalk Cafes" from conditional uses to permitted uses. City of Fayetteville, Arkansas Page 1 Printed on 9/4/2019 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2019-0482 Legistar File ID 9/3/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/7/2019 DEVELOPMENT SERVICES (620) Submitted Date Division / Department Action Recommendation: 2019-0482 Administrative Item (Amend UDC chapter 161: Sidewalk Cafes): Submitted by the City Planning Division for revisions to UDC Chapter 161. The proposed code changes would align conflicting codes related to sidewalk cafes. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 3, 2019 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Andrew Garner, City Planning Director DATE: August 7, 2019 SUBJECT: 2019-0482 Administrative Item (Amend UDC chapter 161: Sidewalk Cafes): Submitted by the City Planning Division for revisions to UDC Chapter 161. The proposed code changes would align conflicting codes related to sidewalk cafes. RECOMMENDATION: Staff recommends approval of a minor text amendment to Chapter 161 of the Unified Development Code to align conflicting codes related to sidewalk cafes. BACKGROUND: In 2017 Ordinance 5979 modified Unified Development Code Section 178.02(B) to allow the City Planning Division to administratively approve sidewalk cafes. The code previously specified that only the Planning Commission could approve a sidewalk cafe with a conditional use permit. DISCUSSION: The subject ordinance resulted in the changes to UDC 178.02(B) noted above, however, the code drafter failed to show the same code change in UDC Chapter 161. Chapter 161 is redundant with 178.02(B) as it includes the use unit for sidewalk cafes in various zoning districts. Chapter 161 is proposed to be modified to move the use unit for sidewalk cafes from `Conditional Use' to `Permitted Use' in all zoning districts. It is clear in looking at Ordinance 5979 and the associated memorandum that the council intended to allow sidewalk cafes to be approved administratively by staff. Ordinance 5979 Pg. 1 of 30, ordinance heading: ..to allow administrative approval of permits for mobile vendor courts and sidewalk cafes..." Pg. 8 of 30, paragraph 3: "Staff proposes to modify the requirements for mobile vendor courts and sidewalk cafes, and allow them to be approved administratively by staff. " The required modification to Chapter 161 was unintentionally omitted. There is a clear conflict between the two sections of code that needs to be corrected to meet the intent of the ordinance. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: None Attachments: • Zoning code correction shown in strikeout • Ordinance 5979 Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight 161.18 - NS -L, Neighborhood Services - Limited (A) Purpose. The NS -L Neighborhood Services - Limited district is designed to serve as a mixed use area of low intensity. Neighborhood Services promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. 1 City-wide uses by right —Unit Unit 8 Unit 9 Single-family dwellings Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings 12aLimited Business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development i Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional Unit 3 i _use ................. .--------- -------- _--------- ._.._____............ .... .... ..............___ Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 r Government facilities Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight Unit 13 Eating places Unit 15�—Neighborhood shopping goods Unit 19 j Commercial recreation, small sites Unit 25 j Offices, studios and related services Unit 26 1 Multi -family dwellings Unit 36 1 Wireless communication facilities* Unit 45 Small scale production (C) Density. Units per acre Ten (10) or less (D) Bulk and Area. (1) Lot Width Minimum. Single-family 35 feet Two (2)family 35 feet Three or more���–� 35 feet All other uses None (2) Lot Area Minimum. Single-family 4,000 square feet Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight Two (2) family or 3,000 square feet of lot area more per dwelling unit All other permitted and None conditional uses (E) Setback Regulations. A build -to zone that is located between Front: 10 and 25 feet from the front property line. Side 5 feet Rear 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot. (Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15, Ord. No. 5800 , § 1(Exh. A), 10-6-15, Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§ 5, 6, 8, 1-17-17, Ord. No. 6015 , §1(Exh. A), 11-21-17) Zoning Code Correction for Sidewalk Cafes Shown in Strikeout- highlight 161.19 - NS -G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 _.._ ........ ... _ Single-family dwellings Unit 9 ._._..--- .......... ___ _....... _ -- Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit Unit General business Unit 24 Home occupations Unit 40 Sidewalk cafes Accessory dwelling units Unit 41 i Unit 44 Cluster housing development Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2City-wide uses by conditional use I permit Public protection and utility facilities Cultural and recreational facilities Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight Unit 5 Government facilities Unit 13 Eating places I i Unit i 16 Shopping goods r_.._.._....____ Unit 1 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit ni Multi -family dwellings 26 Unit ni 361 Wireless communication facilities 1�r+it 49 l Sidewalk Gafes _ Unit Small scale production 45 1 (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet All other uses (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or 3,000 square feet per Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight more dwelling unit All other uses None (E) Setback regulations. (F) Building Height Regulations. Building Height Maximum 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) Rear when contiguous to a single- Front Side Side -Zero Lot Line' Rear family residential district ' A setback of less than 5 A build -to zone feet (zero lot line) is that is located permitted on one between the interior side, provided a front property 5 maintenance None 15 feet line and a line 25 feet from feet agreement is filed*'. The remaining side the front setback(s) shall be 10 property line. feet. (F) Building Height Regulations. Building Height Maximum 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight 161.21 - District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 5 Government Facilities Unit 13 Eating places Unit Neighborhood shopping 15 Unit Gasoline service stations and drive - 18 in/drive through restaurants Unit ni Offices, studios, and related services 25 Unitj Sidewalk Cafes 40 Unit Cluster Housing Development 44 Unit I 45 Small scale production Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight (2) Conditional Uses . (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front City-wide uses by conditional use I Unit 2 50 feet Side permit Unit 3 i Public protection and utility facilities Unit 4 i Cultural and recreational facilities Unit Shopping goods 16 Unit Liquor stores 34 Unit Outdoor music establishments" 35 Unit Wireless communications facilities' 36 l :idewRlk 48 Cgfee Unit Clean technologies 42 (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Side None Side, when contiguous to a residential district i Rear 10 feet 20 Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight feet (F) Building Height Regulations. Building Height Maximum 5 stories If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1965. App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035, Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07, Ord. No. 5195, 11-6- 08, Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , § l(Exh. A), 10-6-15, Ord. No. 5921 , §1, 11- 1-16, Ord. No. 5945 , §§ 5, 7, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight 161.22 - Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses i Unit City-wide uses by right 1 r - Unit Cultural and recreational facilities 4 I Unit Government facilities 5 ' Unit Single-family dwellings 8 Unit Two-family dwellings 9 Unit Three (3) and four (4) family dwellings 10 t Unit Eating places 13 Unit Neighborhood Shopping 15 goods Unit 3 I Gasoline service stations and drive - 18 in/drive through restaurants Unit ............... Home occupations 24 Unit Offices, studios and related services 25 Unit Multi -family dwellings Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight 26 j Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 1,ni€ Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit Sho in oods 16 pp g g Unit niTransportation, trades and services 17 1 Unit 19 Commercial recreation, small sites Unit Center for collecting recyclable 28 1 materials Unit 34 Liquor stores Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight Unit 35 Outdoor music establishments ni Unit 36 Wireless communication facilities" 4$ _._....----- _.._............ .e. ......... _. _ ___.----- _-- n Unit _.___-___ Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) Setback regulations . A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: Side or rear, when contiguous to a 15 feet single-family residential district: Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight (F) Building Height Regulations. Building Height Maximum 5 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11- 1-16; Ord. No. 5945 , §§ 5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight 161.23 - District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. (B) Uses. (1) Permitted Uses . Unit 1 City-wide uses by right Unit 4 Unit t ! Cultural and recreational facilities I _ 5 Government Facilities Unit ni Eating places 13 Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods pp g Unit 17 Transportation trades and services Gasoline service stations and drive - Unit 18 in/drive through restaurants Unit 1 Commercial recreation, small sites i U 0 nit i 2 Commercial recreation large sites ` Offices, studios, and related services Unit I 25 Unit 33 I Adult live entertainment club or bar Unit 34 Liquor store Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight Unit 40 Sidewalk Cafes Unit ni Cluster Housing Development 44 Unit Small scale production 45 1 (2) Conditional Uses. City-wide uses by conditional use Unit 2 i permit Unit 3 Public protection and utility facilities Unit Warehousing and wholesale 21 i Unit Center for collecting recyclable f 28 1 materials Unit 29 Dance Halls Unit Sexually oriented business 32 Unit 35 Outdoor music establishments Unit Wireless communications facilities 36 Unit 38 i Mini -storage units 49 Unit 42 Clean technologies Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. (F) Building Height Regulations. Building Height Maximum 6 stories" If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from side boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. (Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19- 07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§ 5, 7, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) 15 Front feet Front, if parking is allowed between the 50 right-of-way and the building feet Side None Side, when contiguous to a 15 residential district feet 20 Rear feet (F) Building Height Regulations. Building Height Maximum 6 stories" If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from side boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. (Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19- 07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§ 5, 7, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight 161.24 - Urban Thoroughfare (A) Purpose . The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses . (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit _8 ( T Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit _ niEating places 13 1 Unit 14 Hotel, motel and amusement services Unit Shopping in goods 16 _. p _ Unit 1 Transportation trades and services Unit i Gasoline service stations and drive - 18 i in/drive through restaurants Unit I Commercial recreation, small sites Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight 9 Unit Home occupations 24 7— Unit Unit Offices, studios, and related services 25 n n Uit –____.__ Multi -family dwellings Unit Liquor store 34 Unit Sidewalk Cafes 40 i Unit 41 Accessory Dwellings Unit 44 Cluster Housing Development Unit Small scale production 45 Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses Unit 2 I City-wide uses by conditional use permit i Unit 3 Public protection and utility facilities Unit Commercial recreation, large sites 20 Unit 21 Warehousing and wholesale Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight Unit Center for collecting recyclable 28 materials Unit 2 Dance halls .. ............. Unit Adult live entertainment club or bar 33 _...... ----_-- Unit 35 Outdoor music establishments Unit ni 36 Wireless communication facilities Unit 38 Mini -storage units �. 49 Sidewalk safes Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family dwelling 1 18 feet All other dwellings ( None Non-residential 1 None Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight (2) Lot area minimum. None (E) Setback regulations. A build -to zone that is Front: ii located between 10 feet I and a line 25 feet from the front property line. Side and rear: I None Side or rear, when contiguous to a 15 feet single-family residential district: (F) Building Height Regulations. rBuilding Height Maximum 5 stories/7 stories* * A building or a portion of a building that is located between 10 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right- of-way shall have a maximum height of seven (7) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Minimum buildable street frontage. 50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§ 5, 7, 8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight 161.25 - District C-3, Central Commercial (A) Purpose. The Central Commercial District is designed to accommodate the commercial and related uses commonly found in the central business district, or regional shopping centers which provide a wide range of retail and personal service uses. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities U� nit 5 Government facilities Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Gasoline service stations & drive-in Unit 18 restaurants Unit 16 I Commercial recreation, small sites Unit 25 I Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores ' I Unit 40� _ Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production i Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight (2) Conditional Uses. Unit 2 City-wide uses by conditional use j permit Unit 3 Public protection and utility facilities j 3 lj Unit j 17 Transportation trades and services l Unit ; Center for collecting recyclable 28 materials _....._...__� Unit 29 � Dance Halls Unit ni Outdoor music establishments 35i Unit 36 Wireless communications facilities 49 Unit Clean technologies 42 (C) Density. None. (D) Bulk and Area Regulations. None. Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight (E) Setback Regulations. Central Shopping Business pp g District Center Front 5 feet 25 feet Front, if parking is allowed between the right-of-way and the building Side, when contiguous to a residential district Rear, without easement or alley Rear, from center line of a public alley 50 feet 50 feet None None 10 feet 25 feet 15 feet 25 feet 10 feet 1 10 feet (F) Building Height Regulations. Building Height MaximuMI 5 stories/7 stories` A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (Code 1965, App. A., Art. 5(VII); Ord. No. 2351, 6-21-77, Ord. No. 2603, 2-19-80, Ord No. 1747, 6-29-70; Code 1991, §160.037; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99, Ord. No. 4727, 7-19- 05, Ord No. 4863, 5-02-06; Ord No. 5028, 6-19-07; Ord. No. 5195, 11-6-08, Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11, Ord. No. 5592. 06-18-13, Ord. No. 5735, 1-20-15, Ord. No. 5800 , § 1(Exh. A), 10-6-15, Ord. No. 5921 , §1, 11-1-16, Ord. No. 5945 , §§ 5, 7, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11- 21-17)-- Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight 161.26 - Downtown Core (A) Purpose. Development is most intense, and land use is densest in this zone. The downtown core is designed to accommodate the commercial, office, governmental, and related uses commonly found in the central downtown area which provides a wide range of retail, financial, professional office, and governmental office uses. For the purposes of Chapter 96: Noise Control, the Downtown Core district is a commercial zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 ...... _...... ___.__..__ Government facilities Unit 8 ! Single-family dwellings Unit 9 _ Two-family dwellings Unit 10 I Three (3) and four (4) family dwellings U int 1iF Eating places !Unit 14 i Hotel, motel, and amusement facilities Unit 16 Unit 17 Shopping goods Transportation trades and services Unit 19 r-� ._._......n Unit 24 Unit 25 Unit 26 Commercial recreation, small sites ............... _... _- .......... ...___ __. ._....... . ........ _... Home occupations Offices, studios, and related services Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes I Unit 41 i Accessory dwellings Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight Unit 44 Cluster Housing Development I Unit 45 Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Unit 29 Public protection and utility facilities _ _--_... ..........._ ............... Dance Halls Unit 35 Outdoor music establishments Unit ni 36 Wireless communication facilities 49 Unit ni 42 ...... Clean technologies (C) Density. None. (D) Bulk and Area Regulations. None. Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight (E) Setback Regulations. (F) Minimum Buildable Street Frontage. 80% of lot width. (G) Building Height Regulations. BuildingHeight Maximum 1 5 stories/14 stories" " A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right- of-way shall have a maximum height of fourteen (14) stories. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , § l(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§ 5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) A build -to zone that is located j Front between the front property line and a line 25 feet from the front property line. i Side None Rear 5 feet�__� Rear, from center line 12 feet of an alley (F) Minimum Buildable Street Frontage. 80% of lot width. (G) Building Height Regulations. BuildingHeight Maximum 1 5 stories/14 stories" " A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right- of-way shall have a maximum height of fourteen (14) stories. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , § l(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§ 5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight 161.27 - Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well-suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. (1) Permitted uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities i Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 ............ ._...___._-___...__...._................... __ ..._��. Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services dwellings Multi -family g !Unit 26� i Unit 34T . Liquor stores Unit 40 .__ _ __.._...._.__._._.._. Sidewalk Cafes ........ ....... _. Unit 41 Accessory dwellings Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight Unit 44 Cluster Housing Development I Unit 45 Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit ' 2 City-wide uses by conditional use permit' Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive - in/drive through restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Outdoor music establishments Unit 35 Unit ni 36 Wireless communication facilities 49 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations . Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight (1) Lot Width Minimum. Dwelling (all unit types) 18 feet (2) Lot Area Minimum. None. (E) Setback Regulations. (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. -- Building Height Maximum 15 stories/7 stories* i € r * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1- 16; Ord. No. 5945 , §§ 5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) A build -to zone that is located Front between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line 12 feet of an alley (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. -- Building Height Maximum 15 stories/7 stories* i € r * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1- 16; Ord. No. 5945 , §§ 5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. Unit q__ City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings—� Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping goods 1 Unit 24; Home occupations Unit 25 Unit 26F Offices, studios, and related services Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Unit 44 Unit 45 Accessory dwellings Cluster Housing Development Small scale production Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Pp 9 Unit 17 Transportation trades and services Unit 1 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit ni 36 Wireless communication facilities mit 48 Sidewalk Gaf (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 18 feet (2) Lot Area Minimum. None. Zoning Code Correction for Sidewalk Cafes Shown in Strikeout -highlight (E) Setback Regulations . A build -to zone that is located Front between the front property line and a line 25 feet from the front property line. _._._.—___ _..__.__ — .__ _._ Side None Rear i 5 feet Rear, from center line 12 feet of an alley (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. BuildingHeight Maximum g 5 stories (Ord. No. 5028, 6-19-07, Ord. No. 5029, 6-19-07; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13, Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§ 5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5979 File Number: 2017-0192 ADM 17-5705 (UDC CHAPTER 178 OUTDOOR MOBILE VENDORS): AN ORDINANCE TO AMEND CHAPTER 178 OUTDOOR VENDORS OF THE UNIFIED DEVELOPMENT CODE TO END THE PERMIT LOTTERY FOR MOBILE VENDORS UTILIZING PUBLIC PARKING AREAS, TO ALLOW ADMINISTRATIVE APPROVAL OF PERMITS FOR MOBILE VENDOR COURTS AND SIDEWALK CAFES, TO ALLOW MOBILE VENDORS TO ADMINISTRATIVELY RENEW PERMITS ANNUALLY, AND TO MAKE TECHNICAL REVISIONS WHEREAS, the City has not experienced any problems since allowing mobile vendors to park in parallel spaces or public parking lots and ending the permit lottery will remove an unnecessary requirement for those businesses; and WHEREAS, allowing staff to administratively approve mobile vendor courts, sidewalk cafes, and annual mobile vendor permits will streamline the process for applicants. 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 § 178.01 by replacing "retail" with "commercial." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.02(B) by repealing the introductory paragraph and enacting a new introductory paragraph as follows: "The City Planning Division may issue a permit allowing a sidewalk cafd on part of a specified sidewalk after the applicant has notified adjoining property owners. The City Planning Division shall ensure that no permit is granted, unless:" ..............................._ Page 1 Printed on 5/17/17 Ordinance: 5979 File Number: 2017-0192 Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.03(B) by repealing the introductory paragraph and enacting a new introductory paragraph as follows: "The City Planning Division may issue a permit for a sidewalk vendor to use a specific sidewalk or plaza location for specified hours to sell specified goods for up to a one year period .The City Planning Division shall ensure that no permit is granted, unless:" Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends §§ 178.03(C)(1) and 178.03(I) by replacing "Zoning and Development Administrator" with "City Planning Division" and § 178.03(F)(1) by replacing "Planning Commission" with "City Planning Division." Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.04 Outdoor Mobile Vendors Located on Private Property by striking "Located on Private Property" from the title and by striking "on private property" from § 178.04(A) Purpose. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals §§ 178.04(B) through 178.04(E) and adopts new §§ 178.04(B) through 178.04(E) as shown in Exhibit A attached hereto and made a part hereof. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 178.05 Food Truck and Food Trailer Limited Time Permits. PASSED and APPROVED on 5/16/2017 Attest: Sondra E. Smith, City Clerk Treasurei1 j1TR1111 i j'j OP KA XYIIVG TO Page 2 Printed on 5/17/17 Exhibit A 178.04 Outdoor Mobile Vendors (B) Definitions. (1) Food trucks. A type of mobile vendor which is a motorized and operationally self-contained single vehicle equipped with facilities for cooking and selling food. (2) Food trailers. A type of mobile vendor which is designed to be towed on public roads and having an enclosed area for storage, handling or preparation of food. (3) Other vendors. Mobile vendors are not limited to operating out of a food truck or trailer. (4) Mobile Vendor Court. An outdoor commercial center with 5 or more mobile vendors in a shared location. (C) Mobile Vendor Permit Requirements. All mobile vendors shall meet the following requirements and submittals prior to approval: (1) Each application for a permit to conduct a mobile vendor business shall be accompanied by a $100.00 permit review and processing fee. Mobile vendor permits shall be issued to the owner of the mobile vendor vehicle. This application will also serve as the vendor's business license that will be processed as such. (2) Application for a.permit to conduct a mobile vendor business shall include the following items in a format acceptable to the Planning Division: (a) Name, address, contact information and signature of both the property owner and the mobile vendor requesting to locate on private property. (b) A valid copy of all necessary permits required by State and County health authorities which shall be conspicuously displayed at all times during the operation of the business. (c) Proof of application for remittance of HMR tax to the City of Fayetteville, when applicable. (d) For each location other than those permitted as part of a Mobile Vendor Court, a detailed site plan roughly drawn to scale showing the location of the property lines, each mobile vendor location, building setback lines, vehicle parking spaces, the sidewalk location and any proposed dining or sitting areas. (e) Written authorization, signed by the property owner or legal representative of record, stating that the mobile vendor is permitted to operate on the subject property for a specified period of time. (3) The mobile vendor has the responsibility to dispose of all wastes in accordance with all applicable laws. Mobile vendors are not permitted to dispose of their trash in public trash receptacles. (4) The mobile vendor permit issued shall not be transferable in any manner. (5) The mobile vendor permit issued shall be conspicuously displayed at all times during the operation of the mobile vending business. (6) The proposed use must be a permitted use -by -right within the underlying zoning district. (7) Mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the public has access to the interior of any mobile vending unit. (8) Mobile vendors shall be required to renew their permit on an annual basis following the same timeframe as a standards business license renewal. As part of the renewal process, vendors shall submit an updated copy of the health department permit, HMR tax forms, and a re -inspection by the City Fire Department where applicable. Failure to renew a permit will be cause for revocation by the City Planning Division. (D) Mobile Vendor Courts. Mobile vendor courts may be permitted administratively in appropriate zoning districts. A property owner may request a permit from the Planning Division to develop a mobile court subject to the following standards: (1) The property owner has provided the Planning Division with a detailed site plan of the mobile vendor court showing the location and dimensional relationships of the property lines, all proposed mobile vendor locations, building setbacks, vehicle parking, sidewalk location and proposed dining or sitting areas. (2) Site Improvement requirements. (a) Site Design. Sites shall be improved with a barrier between vehicular and customer service areas, including ordering and dining areas. The barrier may be implied or physical and constructed with landscaping elements; gated fencing; changes in ground surface texture, material or color; or similar treatments. Sites which are not already paved with gravel or another hard surface shall improve their parking areas with gravel or other pavement designed in accordance with the Parking Lot Design Standards. With respect to landscaping requirements, the entire Mobile Vendor Court shall be considered a parking lot and perimeter landscaping will be required in accordance with Parking Lot Landscape Standards. (b) Sanitation. Adequate restroom facilities shall be provided either on-site or through a shared use agreement with a neighboring business. Portable toilets, if used, must be screened from view of the public. (c) Utilities. Above ground utility connections shall not interfere with pedestrian or vehicular safety and shall not be located in customer service areas or customer parking areas. (d) Mobile vendor courts shall not have continuous curb cuts or exacerbate a dangerous pedestrian condition. New courts may close continuous curb cuts or improve pedestrian conditions with temporary materials subject to approval of the City Planning Division. Acceptable materials include planters, plinths, benches, pavers, and other furniture. Temporary improvements installed by mobile vendor courts shall not reduce access for pedestrians with disabilities. (E) Limited Time Permits. Permitted food trucks and trailers may operate in the following locations for up to twelve hours each day, after which they must move to a new location which is out -of -view of the original location. (1) Marked parallel parking spaces, which are not reserved for residential use and provided the parking space is not in front of a business selling similar food. Service to customers shall be only on the sidewalk side of the vehicle to maintain public safety. Vendors are not exempt from paying the standard rate for the parking space. (2) Marked parking spaces within parks pursuant to City Code §97.086. (3) Private property zoned for food and beverage sales and with the owner's permission. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0192 Agenda Date: 5/16/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 6 ADM 17-5705 (UDC CHAPTER 178 OUTDOOR MOBILE VENDORS): AN ORDINANCE TO AMEND CHAPTER 178 OUTDOOR VENDORS OF THE UNIFIED DEVELOPMENT CODE TO END THE PERMIT LOTTERY FOR MOBILE VENDORS UTILIZING PUBLIC PARKING AREAS, TO ALLOW ADMINISTRATIVE APPROVAL OF PERMITS FOR MOBILE VENDOR COURTS AND SIDEWALK CAFES, TO ALLOW MOBILE VENDORS TO ADMINISTRATIVELY RENEW PERMITS ANNUALLY, AND TO MAKE TECHNICAL REVISIONS WHEREAS, the City has not experienced any problems since allowing mobile vendors to park in parallel spaces or public parking lots and ending the permit lottery will remove an unnecessary requirement for those businesses; and WHEREAS, allowing staff to administratively approve mobile vendor courts, sidewalk cafes, and annual mobile vendor permits will streamline the process for applicants. 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 § 178.01 by replacing "retail" with "commercial." Section '2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.02(B) by repealing the introductory paragraph and enacting a new introductory paragraph as follows: "The City Planning Division may issue a permit allowing a sidewalk cafd on part of a specified sidewalk after the applicant has notified adjoining property owners. The City Planning Division shall ensure that no permit is granted, unless:" Section That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.03(B) by repealing the introductory paragraph and enacting a new introductory paragraph as follows: "The City Planning Division may issue a permit for a sidewalk vendor to use a specific sidewalk or plaza location for specified hours to sell specified goods for up to a one year period. The City Planning Division shall ensure that no permit is granted, unless:" City of Fayetteville, Arkansas Page 1 Printed on 511712017 File Number. 2017-0192 Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends §§ 178.03(C)(1) and 178.03(I) by replacing "Zoning and Development Administrator" with "City Planning Division" and § 178.03(F)(1) by replacing "Planning Commission" with "City Planning Division." Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.04 Outdoor Mobile Vendors Located on Private Property by striking "Located on Private Property" from the title and by striking "on private property" from § 178.04(A) Purpose. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals §§ 178.04(B) through 178.04(E) and adopts new §§ 178.04(B) through 178.04(E) as shown in Exhibit A attached hereto and made a part hereof. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 178.05 Food Truck and Food Trailer Limited Time Permits. City of Fayetteville, Arkansas Page 2 Printed on 5/17/2017 Andrew Garner Submitted By City of Fayetteville Staff Review Form 2017-0192 #-e i tar rile ID 4/:18/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/31/2017 City Planning/ Development Services Department Submitted Date Division / Department Action Recommendation: ADM 17-5705: Administrative Item (UDC Chapter 178/UDC Amendment Outdoor Mobile Vendors): Submitted by CITY PLANNING STAFF and ALDERMAN MATTHEW PETTY for revisions to UDC Chapter 178 to modify the requirements for mobile vendors. Account Number Project Number Budgeted Item? NA Budget Impact: Current Budget Funds Obligated Current Balance Fund Project Title Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget_ V20140710 Previous Ordinance or Resolution tt Original Contract Number: Comments: Approval Date: CITY OF Ta*y4 I e• ARKANSAS MEETING OF APRIL 18, 2017 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director Matthew Petty, Alderman DATE: March 31, 2017 SUBJECT: ADM 17-5705: Administrative Item (UDC Chapter 178/UDC Amendment Outdoor Mobile Vendors): Submitted by CITY PLANNING STAFF and ALDERMAN MATTHEW PETTY for revisions to UDC Chapter 178 to modify the requirements for mobile vendors. RECOMMENDATION: The Cty Planning staff and Planning Commission recommend approval of an ordinance to amend UDC Chapter 178 to to modify the requirements for mobile vendors. The Outdoor Mobile Vendor code (UDC Chapter 178) was amended in 2014 to allow vending on public property such as streets and parks. At the time of the proposed code change, concerns were expressed that there would be a large number of vendors that might have a negative impact on the availability of public parking. To offset that potential issue, permits for mobile vendors on public property were to be issued by a lottery drawing for a maximum of three permits annually. The total number of permits could be increased slightly depending on the number of applications. Although there were a few application for the first.lottery, to staffs knowledge there have not been any mobile vendors that have operated on public property such as in the parallel parking spaces on Dickson Street or in parking lots in parks since the code's change. Because mobile vending on public property has not proven to be a problem and a lottery drawing seems unnecessary, staff proposes to remove the lottery drawing requirement from the code. A conditional use permit process is required for mobile vendor courts and sidewalk cafes. There has only been one conditional use permit application for a mobile vendor court. The permit was for the Shulertown Food Court on Dickson Street which was in May of 2014. There have been no applications for sidewalk cafes. Staff proposes to modify the requirements for mobile vendor courts and sidewalk cafes, and allow them to be approved administratively by staff. Section 178.04 allows two types of mobile vending permits: a six month permit that is approved by staff and a one-year (annual) permit that may be approved by the Planning Commission. There have been 19 annual permits submitted to the Planning Commission over the past three years and all have been approved, usually on the consent agenda. Because the Planning Commission and City Council have been supportive of these types of permits and no complaints have been received by staff, staff proposes to remove the time limitation for mobile vendors. Instead, staff proposes that mobile vendors simply renew their permit on an annual basis similar to a business license. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 These changes are an effort to encourage more vacant property to be utilized for mobile vending, provide economic opportunities for start-up businesses, and create a more lively streetscape and increased urban amenities for citizens. Proposal: Staff proposes the following code changes as outlined below and shown in the attached document in highlight and strikeout: 178.01 Purpose. Change the word "retail' to "commercial". 178.02 Sidewalk Cafes. Change the requirement for sidewalk cafes to be able to be approved by staff instead of a conditional use permit. 178.04 Outdoor Mobile Vendors o B. Added definitions for various types of vendors for clarification. o C. Combined the "Mobile Vendor Six Month Permit" and "Mobile Vendor Annual Permit" into one permit that is approved by staff and applicants are required to renew their permits on an annual basis like a business license. o D. Allow "Mobile Vendor Courts" to be approved administratively by staff instead of as a conditional use permit. Modified the requirements for mobile vendor courts to clarify site improvements especially in a greenfield site. o E. Change "Limited Time Permits" for all vendors to automatically be allowed "Limited Time Permits". This allows all permitted vendors to operate. on public property such as Dickson Street -and in city parks; also expanded the timeframe to 12 hours. 178.05 Food Truck and Food Trailer Limited Time Permits. Removed this section as it was condensed and combined into subsection "E". DISCUSSION: This code change was discussed at the March 13, 2017 Planning Commission meeting where it was tabled to address comments related to the amount of time mobile vendors may park on public property during a 24-hour period, and to evaluate public improvements for mobile vendor courts. The code change was discussed again at the March 27, 2017 Planning Commission meeting where staff and the commission made further minor changes, and the proposal was forwarded with a recommendation for approval by a vote of 8-0-0 (Commissioner Quinlan was absent). BUDGET/STAFF IMPACT: None Attachments: • Proposed code changes shown in highlight and strikeout • Proposed code changes (full clean version of UDC 178) • Planning Commission packet 17-5705 Proposed Code Changes in Strikeout CHAPTER 178: OUTDOOR VENDORS 178.01 Purpose (C) Requirements: Sidewalk cafes shall meet the It is the purpose of this chapter to promote and following requirements in order to be approved: encourage open air retail commercial environments, (1) Applicants requesting a license must provide while preserving and protecting the health, safety and a detailed site plan and written description welfare of citizens by promoting opportunities and illustrating the type, location and dimensions regulations for the creation of said exceptions within of all furniture to be placed in the public right - the City. of -way. Sidewalk cafes may not be enclosed by fixed walls or other permanent structures. (Ord. 5185, 10-7-08) 178.02 Sidewalk Cafes (A) Public rights-of-way are designed for free and unobstructed travel. However, the City of Fayetteville recognizes that certain developed and developing areas in a traditional town form are unique and that certain public amenities are not inconsistent with the underlying dedication for the public right-of-way, as long as they do not impede travel or interfere with the public safety. This ordinance is designed to encourage pedestrian activity and make the urban environment more attractive. (B) Sidewalk Cafe Authorization. The €laaaing 4 islet City Planning Division may issue a se+ldiliegat-�permit allowing a sidewalk cafe on part of a specified sidewalk after the applicant has notified adjoining property owners. In addition ta•---te-ge�teral—certdi-lienal— use regu+recoeats; Et1e-Rlac�aiRg-Ean�issi©n-The Ciiy Planning Division shall ensure that no wnditieaat use permit is granted, unless: (1) The proposed sidewalk cafe will not unduly impact or impede the public's ability to travel upon or use the sidewalk and any other affected public right-of-way, including public utility easements. (2) Any necessary costs to relocate a utility or widen the existing sidewalk to accommodate the proposed sidewalk cafe must be paid by the sidewalk cafe applicant. (3) The sidewalk cafe applicant may be required to post a surety bond or letter of credit sufficient to cover the cost of removing the sidewalk cafe if necessary for the city or utility company to access pipes, lines, or other facilities. (4) The sidewalk cafe applicant must consent that the city or utility company may remove, without liability or compensation, part or all of the sidewalk cafe, if necessary, to get access to a utility facility or improvement. CD178:1 (2) Sidewalk cafes must be open to the air, except that an awning or canopy conforming to requirements established by the Unified Development Code and Building Code may be constructed over the sidewalk cafe. In order to provide sufficient pedestrian clearance, umbrellas must have 7 feet of free and clear space from the sidewalk surface to the lower edge of the umbrella. (3) Property shall be kept clean and free of refuse with no permanent trash containers placed on the premises. (4) All furnishings and fixtures must be of a temporary nature and shall be removed from the public right-of-way and stored inside during non -operational times. (5) For sidewalk cafes using City right-of-way for operation, there shall be a minimum of five feet or 50% of the total sidewalk width for clearance, whichever is greater, to provide adequate and unobstructed pedestrian movement. (6) If at any time the sidewalk cafe is determined to impede travel or interfere with the public safety, as determined by the Planning Division, the sidewalk cafe shall be removed. (7) One A -frame sandwich/menu board is permitted within the sidewalk cafes' border during hours of operation, subject to the applicable regulations in Ch. 174: Signs for the same. (Ord. 5185, 10-7-08) 178.03 Sidewalk Vendors (A) Purpose. Public rights-of-way are designed for free and unobstructed travel. However, the City of Fayetteville recognizes that certain development patterns with wide sidewalks are unique and that certain public amenities are not inconsistent with the underlying dedication for the public right-of-way, as long as they do not impede travel or interfere with the public safety. This ordinance is designed to regulate open air vending of goods on public rights-of-way. Fayetteville Code of Ordinances (B) Sidewalk Vendor Authorization. The City Planning Division may issue a permit for a sidewalk vendor to use a specific sidewalk or plaza location for specified hours to sell specified goods for up to a one year period. tri -at itiera- the general use requirements, the The City Planning Division shall ensure that no permit is granted unless: (1) The applicant has obtained all necessary permits from State or County authorities, including any Transient Merchant permit requirements. (2) The applicant has submitted a sales and use tax number, sales tax remittance forms and an affidavit that the applicant has fully paid all sales and use taxes during the previous twelve months, if applicable. (3) The applicant has filed a HMR tax remittance form with the City of Fayetteville, when applicable. (4) The applicant has notified all adjacent property owners, by certified mail, of the. application, (C) Permit Application. Each application for a permit to conduct business on a sidewalk shall be accompanied by a $100 application and permit fee. Permits issued after July 1st shall be accompanied by a $50 application and permit fee. Each permit will expire at 3 a.m. on January 1st following the year issued. The permit fee shall be collected prior to issuance of the permit (1) Application for a sidewalk vendor permit shall include the following items in a format acceptable to the City Planning DiVision: (a) Name, address and contact information. (b) Type of items sold or services rendered. (c) A valid copy of all necessary permits required by State and County health authorities. (d) Proof of application for remittance of HMR tax to the City of Fayetteville. (e) Means to be used in conducting business, including but not limited to, a description of any mobile container or device to be used for transport or to display approved items or services. (f) A site plan indicating the location and dimensions of the proposed use and device or pushcart. CD178:2 (g) A detailed scale drawing, picture or diagram and material specifications of the device or pushcart to be used. (2) The permit issued shall not be transferable in any manner. (3) The permit is valid for one sidewalk vending location only. (D) Permitted Vending Products and Goods. (1) The City of Fayetteville permits the following types of goods for street vending in approved locations: (a) Cut Flowers (b) Food and Beverage (c) Arts and Crafts: Only objects of art or craft produced and sold by a local artist or craft person may be sold by street vendors. (2) All goods being sold from sidewalk vendors shall: (a) Be located within the permitted area and be attended at all times. Sidewalk vendors shall not conduct transactions with vehicular traffic located in the right- of-way. (b) Not lead to or cause congestion or blocking of pedestrian traffic on the sidewalk. (c) Involve a short transaction period to complete the sale or render the service. (d) Not cause undue noise or offensive odors. (e) Be easily carried by pedestrians. (E) Pre -Approved Locations. Sidewalk vendors are permitted in specific locations in Fayetteville as a use by right. These locations have been determined by the City Council to have adequate sidewalk width, pedestrian traffic flow, and they minimize potential conflicts with existing businesses. Sidewalk vendors are not permitted to operate on days / times associated with special events, unless they have been approved and granted a Special Events Permit from the organization coordinating the special event. Maps of approved locations are available in the Planning Division. The locations where street vending is allowed as a permitted use are: TITLE XV UNIFIED DEVELOPMENT CODE Inside of the Fayetteville Square. Sidewalk vendors may locate along sidewalks on all sides of the interior of the downtown Fayetteville Square. On days / times that the Farmers' Market or other special events operate, sidewalk vendors shall only be permitted if approved through the Fanners' Market or Special Event Permit process. (F) Alternative Locations. If an applicant wishes to operate as a sidewalk vendor in a location other than those specifically approved by the City Council, a permit must be obtained. Upon receipt of a permit application, the Planning Division shall review the proposed permit operating area to determine if the said area is suitable for street vending in accordance with this chapter. In making this determination, the Planning Division shall consider the following criteria: (1) The application meets all other criteria established herein for a sidewalk vendor, with the exception that the applicant may request that the cart, and/or operating area, may be larger than the dimension required in this chapter. An increase in cart size or operating area may be considered by the City Planning Division as a variance. The determination of a larger cart size and/or operation area shall be subject to the variance criteria in Chapter 156.03(C). (2) The number of permits issued for the street vending location shall not exceed the capacity of the area in terms of maintaining the use of the sidewalk as a public right-of- way, with a minimum 48" pedestrian access route that is free and clear of obstructions. The Planning Division shall consider the width of sidewalk, the proximity and location of existing street furniture, including, but not limited to: signposts, lamp posts, parking meters, bus shelters, benches, phone booths, street trees and newsstands, as well as the presence of bus stops, truck loading zones, other sidewalk vendors or taxi stands to determine whether the proposed use would result in pedestrian or street congestion. (G) Requirements. Sidewalk vendors conducting business on the sidewalks of the City of Fayetteville with a valid permit issued under this Chapter may transport and/or display approved goods upon the approved mobile device or pushcart, under or subject to the following conditions: (1) The operating area shall not exceed 40 square feet of sidewalk, which shall include the area of the mobile device, operator and CD178 3 trash receptacle. The Planning Division will provide a map of approved vendor locations. (2) The length of the mobile device or cart shall not exceed 7 feet, including the cart's trailer tongue or hitch that is not removed or collapsible, and any propane tanks or other attachments to the mobile device. The width shall not exceed 4 feet, including the carts wheel wells or tires, and any accessory components of the cart such as retractable or collapsible sinks or shelves. (3) The height of the mobile device or pushcart, excluding canopies, umbrellas, or transparent enclosures, shall not exceed 5 feet. (4) No permanent hardware shall be affixed to the sidewalk or adjacent buildings, (5) Mobile generators are prohibited. (6) No sidewalk vendor may conduct business on a sidewalk in any of the following places: (a) Within 10 feet of the intersection of the sidewalk with any other sidewalk. Sidewalk intersections shall be kept clear for pedestrian safety. (b) Within 10 feet of any handicapped parking space, or access ramp. (c) Within 15 feet of a fire hydrant. (d) Within 15 ft. of an entrance to a building. (7) Street vending facilities shall be removed from the public right-of-way when not in use. Sidewalk vendors are only allowed to operate between the hours of 5, a.m. and 3 a,m. All carts shall be removed from the public right-of-way during non -operational hours. (8) Prior to final approval, Planning Staff shall inspect the sidewalk vendor set up in the proposed location. The applicant shall make an appointment between the hours of 8 a.m. to 5 p.m. in which Planning Staff will inspect the cart and all proposed accessories such as coolers, trash receptacle, chairs, etc. that the applicant is proposing for the site. Upon approval, sidewalk vendors shall display in a prominent and visible manner the permit issued by the Planning Division. (9) The Fire Marshal shall inspect and approve any food and beverage pushcart to assure the conformance of all cooking or heating Fayetteville Code of Ordinances apparatus with the provisions of the City Fire Code. (10)Sidewalk vendors who sell food and beverage are required to be permitted, and receive approval, through the Arkansas Department of Health and Human Services for food related establishments. A copy of the permit issued by the State, and inspected and approved by the Washington County Health Department, shall be supplied to the Planning Division prior to Planning Division approval. (11) Sidewalk vendors are required to provide a trash receptacle for public use located within their permitted operating space. All 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. (12) No sidewalk vendor shall solicit, berate or make any noise of any kind by vocalization or otherwise, for the purpose of advertising or attracting, attention to his wares. No audible amplified music shall be permitted. (H) Signage; Sidewalk vendors shall obtain a sign' permit .from the -Planning Division- prior to the issuance of a permit to operate. Sidewalk vendors are permitted a total of one (1) A -frame sandwich/menu board subject to Ch. 174 Signs regulating these types of signs. The menu board shall list the products and prices for the items being vended. Only products or services available at the vending location shall be displayed. (1) Revocation of the Sidewalk Vendor Permit. The City Planning_ Division is authorized to revoke a sidewalk vendor's permit if it is determined that a violation of the requirements of the Unified Development Code has occurred. (Ord, 5185, 10-7-08; Ord. 5321, 5-18-10; Ord. 5459, 11-15- 11; Ord. 5768, 5-5-15) 178.04 Outdoor Mobile Vendors Located On -Private -Property (A) Purpose. The purpose of this section is to facilitate and control the ability of mobile vendors and mobile vendor courts to operate on private property while ensuring such use is compatible with nearby properties, fosters an aesthetically CD178:4 appealing streetscape and does not create a dangerous traffic condition. (8) Definitions. (1) Food trucks. A type of mobile vendor which is a motorized and ooerationally self- contained single vehicle equipped with facilities for cooking and selling food. (2) Food trailers. A type of mobile vendor which is designed to be towed on public roads and having an enclosed area for storage handling or Preparation of food. (3) Other vendors. Mobile vendors are not limited to operating out of a food truck or trailer. (4) Mobile Vendor Court. An outdoor commercial center with 5 or more mobile vendors in a shared location. (C) Mobile Vendor Permit Requirements. All mobile vendors shall meet the following requirements and submittals prior to approval: (1) Each application for a permit to conduct a mobile vendor business shall be accompanied by a $100.00 permit review and processing fee. Mobile vendor permits shall be issued to the owner of the mobile vendor -vehicle; This application will also serve as the vendor's business license that will be processed as such. (2) Application for a permit to conduct a mobile vendor business shall include the followinng items in a format acceptable to the Planning Division: (a) Name, address, contact information and signature of both the property owner and the mobile vendor requesting to locate on private property. (b) A valid copy of all necessary permits required by State and County health authorities which shall be conspicuously displayed at all times during the operation of the business. (c) Proof of application for remittance of HMR tax to the Citv of Favetteville, when applicable. (d) For each location other than those permitted as part of a Mobile Vendor Court, a detailed site plan roughly drawn to scale showing the location of the property lines, each mobile vendor location, building setback lines: vehicle TITLE XV UNIFIED DEVELOPMENT CODE parking spaces, the sidewalk location bile -vender and any proposed dining or sitting business -s all be aPPFGVe nd-issued areas. administiativet�t#ae-Ptannipq Division Aer-ma (e) Written authorization, signed by the property owner or legal representative of record, stating that the mobile vendor is permitted to operate on the subject property for a specified period of time. (3) The mobile vendor has the responsibility to dispose of all wastes in accordance with all applicable laws. Mobile vendors are not permitted to dispose of their trash in public trash receptacles. (4) The mobile vendor permit issued shall not be transferable in any manner. (5) The mobile vendor permit issued shall be conspicuously displayed at all times during the operation of the mobile vending business. (6) The proposed use must be a permitted use by -right within the underlying zoning district. (7) Mobile vendors shall comply with the Federal Americans with Disabilities Act; (ADS,) reguiremen(,s if the public has access to the interior of any mobile vending unit. (8) Mobile vendors shall be required to renew' their permit on an annual basis following the same timeframe as a standard business license renewal. As part of the renewal process, vendors shall submit an updated copy of the health department permit. HMR tax forms, and a re -inspection by the City Fire Department where applicable Failure to renew a permit will be cause for revocation by the City Planning Division. f# !"_fowl . are allowed-te epa a tempopary basis -for -a maxsrn of stienihs is ane -location during a Ga4endar yeaF Wthppreyat rif the m _ di#erensiieai teasone queat) nth period --has- eup w --mobile vendGF appka.1jen shall be Feviewed- and ap9ra '' ief+-fer- wy new This peFmit will expiFe six months fmm nit spall be reo om the pFopeFty. The mobile an anRual permit from the Plann ng Gommi66iGR x -month perms! Sime lam= havA bRAA m.4 (b)- The-app4GW-has-established4hat-4he operation-o4he-mobile-vender-w4l-fostef an-aesthe4Ga4y-appea4ng-sireetscape and -wits -not - Great86F-wcarsan-a dor-business sl�2it net match eF4#uplicate bey age-e#erin immediately nd-sn--the same-sida-a posed cnot�ila-vender:-unless the-r�bile-vender predates-t#Sa-at4rsnae�ioned-perntia�at businesses- (G}-Habits-1Xen�foF-Annc�aF-�err�iE.-�-Mobile-venders are attswed-#a-4esate €aF one-yeaf4n- he -same pprovat—eE the -P4an" mission- an -aa- Wive item After the one "endo reay-move-to-another tefat+ one yeaF cenewaF#n ( 4) An 4nnual-ma ' issued -by !he-Pl naatcing-ifie-folfewic�-datercrEr�at+ens (a)--Ali-...of-the Fequi; _ 841E11 have-beerwn�e�: (b) The appliearrt-kias-eetablished--that= eperatioA-o€-the mobi an-ae"�,"�'mllY--appea►ing•...streetseape and -wilt -no us trni is r�nditierr- {s}-T#ae-mobile-ven$o+'-business--shall---n9t aaatsh--� �iupG�te-tt�e-{�rirnary-food-er sold by pefmaRent beverage-a€teciag immediately-adjaseat to and-on-41he same-side-af the street -as -the -proposed mobile-veado . ile-vender pfedates-the afeFenti bah lsin:-s�6. CD178:5 mand prier to approval _e 11_40F Pefmi% Sha4 r,­hmitlalr, CD178:5 Fayetteville Code of Ordinances r a 4�pk it FAV F peFM46 Shall be IA- the e_WAGF-� ite#'ideF-t}�J6iFle66-6t}a ' iteFeS-iF�-a-ior+��at- asseptablA-to-ttiA-Rlant�iFag Bivision; (a�—t.► d bell; the pF9pe0y ewne We -veRd9F que6linq Ile Iscate-ea-yFivate-property- t4 y the use and size f4he-ejtistiFa t►sirasss +le vendoF may AGI FOd FF11AiFI3HFi} FEE)1iIFAd-SOF 9t#i OF; the prspAFty-Tobile V OF shall not impede traffiG flow oF GFeate a-E13F1gBF-0F�frtF:iff16F,6Fid+tlAR-a6-detAFP'iinAd by-,�tanr�ictc�-©ivision-c;poF+-review-of- Ehe-site f3la�. (13) Mobite venders s#call coFnpiy w+Ei� t4�a Fsderat AAIefjGanG___W4h 9isabitit±es -A- YADA} FeriuirA iaterio� of aF�y-rr�obile-vAading-rfr++t- (€)D Mobile Vendor Courts. Mobile vendor courts A- may be permitted t4Gu required-4sy-StatA-and-Geuaty-hea4h peFmit administratively in appropriate zoning a�+tk�edtiAswia' usty districts. A property owner may request a d+splaYAd ar-ndl-irnes- during -spermit from the Planning Division ojaeFation of the huri GoFrmission to develop a mobile vendor court subject to the following standards: (s)-Prae#--ot-apgtisatieF►-fo�nemittancA-of HM ax to the Gity el Fayetteville; when applicable- lea- of - tt property --lines-, ea location -bus ' parking 6paGes, the ewalk -locatieA artid•-anY--pFepesed--dining--omasitting areas- (a}-UYniter+---autt�oriaatior�;--Si9aAd---by-- iJae property a 'nee or legal represAntative•ot • cAcord;.-statiag-that-•tftA�obite-vAF�dAf-is pem;itted- o, -operate-ori--the subject ' prc->perty-foga-speoif+ed-period of-tirnA (3) The mobilEw Fi6E'-4A+itti 4 app4c,able-4 permitted to disp6 ka6h Feseptasle& {4} -The -mob' vaflsfA 41e4�aRneF (5} kie-+ iot�ila-V@AdoF-pe 4 -be ben spi6ueusly--displayers-ot-att-times-during the-epAFatiflt}-tit --1kie - fnAbilA-vendiFig business- (4)---44e pF pGred +' by Fight WithiA the dis�' (7) Mobile veRdw�6 shall piiar►ce with parkinq_IGt-ragii 9 existing 44umber red proposed mobilA vender rkiAg spa6As-is -determined-by-the-use-aAd- sine -of CD178:6 (1) The property owner has provided the Planning Division with a detailed site plan of the mobile vendor court showing the location and dimensional relationships of the property lines, all proposed mobile vendors locations, building setbacks, vehicle parking, sidewalk location and proposed dining or sitting areas. (2) Site Improvement Requirements. (a) Site Design, Sites shall be improved with a barrier between vehicular and customer service areas, including ordering and: dining areas. The barrier may be implied or physical and constructed with landscaping elements: gated fencing* changes in ground surface texture material or color or similar treatments. Sites which are not already paved with gravel or another hard surface shall improve their parking areas with gravel or other pavement designed in accordance with the Parking Lot Design Standards. With respect to landscaping requirements, the entire Mobile Vendor Court shall be considered a parking lot and perimeter landscaping will be required in accordance with Parking Lot Landscape Standards. (b) Sanitation. Adequate restroom facilities shall be provided either on-site or through a shared use agreement with a neighboring business. Portable toilets, if used. Must be _ screened from view of the public. TITLE XV UNIFIED DEVELOPMENT CODE (c) Utilities. Above ground utility connections shall not interfere with pedestrian or vehicular safety and shall not be located in customer service areas or customer parking areas. (d) Mobile vendor courts shall not have continuous curb cuts or exacerbate a dangerous pedestrian condition. New courts may close continuous curb cuts or improve pedestrian conditions with temporary materials subiect to approval of the City Planning Division. Acceptable materials include planters, plinths, benches. pavers, and other furniture. Temporary improvements installed by mobile vendor courts shall not reduce access for pedestrians with disabilities. (2) The P;QPeAY QkW Mobil .vendor -co tine-followiag-irr�pr+sverner�ts-io-tlaa-preger#�-ip order-te-+YaeeE-City-devetopmar�tl--sode6-and be-approved--for-this-semi-pwmaneAt-use, Reguired-improvernehts may inGluude (a) Improvements n GessaFy—to—provide permaaept-u neGtions for ea rxrol3ile vend -op This may inGlude per�)anen1 Wale ,-sar�ltary-sewoF-afld (1b) impr-eve pkte-ensure-safe WANAA-An and- vehiGulai: aG 66 to the site (G) Pmvidir;;@ adegua 0l+ties -,.e- or through the fiFevision of a shared use agFeemeAt with -a Floiging---business---for—aesoss—to resttoerr�-fasslit}es- iag in a n;obila vAndec rgd to Al3t3in an iF1d4Vidi�al permit -but -shalt -provide -the Planning Bivision W4 -t# . Ag information; &i9na4ure-4-bG --the PfOpeFty-owner 2�F�S�-tkle-FTiOf�lle-VBndAr-©peF2t8r-±AG3tlr� in-the-iaebile-uender-seEsrt� FBqUiFed by State aulhoFit;es which shall be GoAsp*Gwow6l displayed at all timer. dwFing they epeFaligA of the vending bu6iner-F5. (o)- Preen of a HMR tax to the Gity of �lisabla- CD178:7 of any additional 6t staff , . (e) A detailed -sit endor GGWF4 showing the ;goati appksa t's-proposed-n4ebile-vendor-unit lovatioa-v�dt#+n-tlie-rnOtNle-vender-ao�t- (€}-ritterat�Nher+za ' eprese+itatWo-of ceeord, stating bu sab}est-preperty- El Limited Time Permits. Permitted food trucks and trailers may operate in the following locations for up to twelve hours each day, after which the must move to a new location which is out -of -view of the original location. (1) Marked parallel parking spaces, which are not reserved for residential use and provided the parking space is not in front of a business selling similar food. Service to customers shall be only on the sidewalk side of the vehicle to maintain public safety. Vendors are not exempt from paying the standard rate for the parking space. . (2) Marked parking soaces within parks pursuant to City Code §97.086. (3) Private property zoned for food and beverage sales and with the owners permission. (F) 'Exemptions. The provisions of the Mobile Vendor ordinance do not apply to: (1) The placing and maintenance of unattended stands or sales devices for the sale or display of newspapers, magazines, periodicals and paperbound books. (2) The distribution of free samples of goods, wares and merchandise by any individual from his person., (3) Special events authorized by a Special Event Permit from the City of Fayetteville Parking Management Division. (4) Fireworks sales. (5) Children's lemonade stands. (6) Temporary tent sales that operate for less than 3 days. A tent permit from the Planning Fayetteville Code of Ordinances Division and Fire Marshal inspection is required. (7) Temporary sales for non-profit entities that operate for less than 5 consecutive days. (8) Non-profit organizations that prepare and donate or give away food for free. (G) Prohibited Conduct. The following conduct is prohibited for mobile vendors: (1) Obstruct pedestrian or vehicular traffic flow. (2) Obstruct traffic signals or regulatory signs. (3) Use of any device that produces a loud and raucous noise or operate any loudspeaker, light or light system, public address system, radio, sound amplifier, or similar device to attract public attention. (4) Conduct business in such a way as would restrict or interfere with the ingress or egress of the abutting property 'owner or tenant, create a nuisance, increase traffic congestion or delay, constitute a hazard to traffic, life or property, or obstruct adequate access to emergency and sanitation vehicles. (5) Use or display any signage that is not in compliance with the Unified Development Code Chapter 174: Signs. (H) Suspension and Revocation of Permit. Any permit issued under these regulations may be suspended or revoked by the Development Services Director for any of the following reasons: (1) Fraud, misrepresentation or knowingly false statement contained in the application for the permit or during presentations to the Planning Commission. (2) Conducting the business of mobile vending in a manner contrary to the conditions of the permit.. (3) Conducting the business of vending in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public health, safety, welfare or interfere with the rights of abutting property owners. (4) Cancellation of health department authorization for a food or beverage vending unit due to uncorrected health or sanitation violations, or; CD178:8 (1) Notification of Suspension or Revocation. The Development Services Director shall provide written notice of the suspension or revocation in a brief statement setting forth the complaint, the grounds for suspension or revocation and notifying the vendor or the property owner of his/her right to appeal to the Planning Commission. Such notice shall be personally delivered, posted upon the mobile vendors' premises or mailed to both the address of the property owner and the address of the mobile vendor shown on the permit holders application by certified mail, return receipt requested. (Ord. 5185,10-7-08; Ord. 5425, 8-2-11; Ord, 5498 05-01-12; Ord. 5666, 3-18-14) 1 -78.05 -Fa d Traile L4nited Time Per s (A)-R4ups+se—This-seetior+s-purtayse is to create -a pr-0sess-that-allows-#ood-trucks-arid-food- !sailers tO-IOGatOis and }�c+vats pfepe4y-F9od-tfucks-are-defined as a m to4aed and-operatiepa#ty-re3# sof+tained-single-vet to f8ed -F ed trailers afe Efefinedar A fnobile-teed Npit-des' blis-toads and having -rage; h-I.GNing of preparati©n--f-fend: F-od-(fucks-rnay-appfy-ier-a-permit-deEerfnined through-a-1-Itefy drawing ray fhb I�t2nntnt OiV+S#3n t4 a marked—of tNng spacer (4) The Planning -B ision Wilt conduct -a lottery in yea4:4or-a4ota# oi4t)ree-(a) t in}ited-FiPg Refrait parki Aine lottery appliGations are de Ptaar�ir -Siaf#-naay is rea644#e-n4ruber-e4 pefrf�its-issued- no#- to-e�cceed-one-third-(-f13 ) - beFefapplisalions-tastax�ces IQ the tntal Aw € apptisatiens nasolts-if+-a-frar�iioa-�f-45•-9r--laigiaeF;-tbe number-of-permits-avaitable-shai#-be-reunded up4o-the4iaxt-whale-number;-These pencils slat#-be-issued-on-.#anuary lII'-and-wi#1 fit-Fesd truskG May appty--and--participate--in--this lottery- every tm n Limited Time Permit for -Parallel-PaFking Spaces may be appfevedadFnialstFatwely-by feNewiag d0terrginatipn8; (a) The applicant -has paid-an=annual-$ pi3rrr�if lee-ls--d-frusics sk►atl y pathe appFepnal� r��,�,-r . she -fime-they-are TITLE XV UNIFIED DEVELOPMENT CODE lorsated in publio parking spaGes, deteFmined - t Rianping-BfvisioRAo oGate4of-a4imited-- marked-parallel-eF►-Afeet-pafki spaEepubliG property e-xr-4ud;Ag on street marked (b) The apph vided a valid copy and food and proof of rem4tanGe of Hh.AR tax to tzeG4eatisn4)irestOr- the City of Fayetteville - f �',}-�-app4ipaF�t-I}a�tt�e-respAFasibiGty--tA dispose -f,'"astas-i -rdanGe with a4l applicable laws. Food tFuGks are no applisast agrees to move to -a different In at;^- all-, a four (4) 1100F onsite set up and break do,Am limn Th applicant-agcses-te-raAveat-least 325 feet away or out of htiview-sf-tbeir pfawIna- the tesate4n-p6Ur. Gh that they will AGt-�;a�an bF1SaEe-traft or pedestFiWatffm tie-appli s set-vp--irv-a ►may Station k*9sk- H3— pgiee—asp scree; ksaFJein� Spaces and from puk)lic parking or the n Bu6ner.6 Caist►ist —I°oed marked parallel parking ses44at-are pAsied reseFved .-F Fesidemial use. The Gity reserves I e fight -to IirAl 400d parades, Bikes, Blue6 and SBQ, etc- SpeGial event permits may be available the Gity'S Parking PiViGiGA for I emits, i ii CD178!9 {-1 }.-Ttis-Rlar{r�F�g-9iv+sis iAtte�+ iF+-NoveFAt�aF-eas#-yeaF-%ra-totaLs�taFee {�} limited-Timl�eFmits-€oF {esatiAg-eR-putatis prAWY- If FAAre than nine (9) letter g Staff may ssaed-nAt-ke ex6eed GF19 third (44) of the Atal-�el applisaiiens-tastanses-iF}-wl.ioh 413 the -total s -in -a -fraction -A# r higher, the number of Knits available -sba#- whole numbe;, These 4�aU- tie issued-erF 3anuaFy 40 and -will extend -Unlit pesepllx f fA- FAed t FnaY-apptY-aaa�-paFiisipate-in-ibis-tetterY every year. (2) A Waited--Time-R Fly may be approved a the- P4aAAiAg deterfn4mtiensi (a) The applieant has paid an annua44449 permit fe& Rood tFuGk6 and food tra4ers shall at entirety rvit#i parkin y or in a—City ll— pay —t#e apprepFia�iFne-they are IAaateFiin-p�tie-partcir�g spaF,es: (b)The applicant taas-pFAvided a valid sspy of the County Health unit and proof of remivanea-at-ktMR4ax-49 the -Qty ettevitie- y-te dispose At all was a"pptisable-laws--F-©Ad- ;uGke-and f-od- Ilrailers are not permitted to d*6po&e (d)-The-applicant--agrees-to move to -a er a-few44}--hoar time per{Ad. phis -time -period -includes ensite set up and4x ak-dewP4FAe.-Te applioa"reer. to rAoye a! least 325 pFevieusIesa Fayetteville Code of Ordinances and #Asd--t+a+lers-are progri "park+rag rar ver�ctiag frarA Q- rallel-sr--ar�gted parkieg-spares--said-freF�-haled-pdblir parlor}Blots-in-Ekta-Er+teF#aiarraent-9iatrirt e�-Ihe.--DewRtewra-SusiRess-9istrirl- Food- trucks and--food-trailers--ars- a4so K4 ahb park+Agspaces that are posted reserved for residential.-use- A4rn;t feed eveats-curl;-ate-parades-dikes:-Bloss and BBQ, etG. ' t- event -permits may-I)e avafiable• to f96d-tra4er&--for rertc�iFt---9VeAiS--GARta&t---tl:a-C{fy�& Rarkrng--9w�Or�-#Ar-spesral--evenE peFm ts. tfu,G - 2 food tFa IeFs may be _ ppFGVeCl ad44inistratively-by. U - Rlannifl-BiwsiArr fora Urniterl-time - t0-pF0pe#y ail$(-f}7eHt1#-1�-t{1@-f6lIBW Irl-rOFidit;en6: (1) The appliGaAt 4as Paid an apm1ia1— GQ pAFF+itt-fee-•1FA106i+-1ti0�-r'3F6-2f&4-ikl@-hA±61@f-6f a�-pubiir--psOpsFty-lelt0ry--peFrnit-and-tktsy have already pao+# a$-199 peFFnit feO-R$rr�its eKpore-Der9embeF-31-1�- £�)---�e--aFP�t�Rt--has-pravidad-a-ualid-sopY--ef t#te--Eeanty-kleal#h-Oeparir00nt•-perreit-and -of of FernitianGe-444MR- to !he i {�)--ThO- -applicant-tea&-lhe-re&pan&ibi4ity --te di&pe&e-et alt -wast apptorabte--haws--FAsd--busks-and-fAsd trailers are-pst penitEOd-to- Ftispese of their Na644n-pub4lr trash-rereptartes (4) The-appliGapt has agFeed to move In- a- di#erent--prpperty-a#tar�a-..#Aur--+; 4}-hoatF..-tome pefiod--This'-tirx�0-period-.irrrludes--ar�y-Ansrte 8t-kJp.6r-IJre+�iG-d AV+'3-1-ti nle-: uew-fAffood-and beverage --tiles- and-the-Isratis�--all applicable-aonin_g requirements-ef-!he 6FFFdeFlyiflg---z-A p0rty • on-must--provide-a wr+tten-staternez+t-grv+ag--the-fAsd--truck--er faa 4Fa.AOF-op to 8n4he"property. SN@ ptaFl Ghali l3a pFAVi(tett by -the- apptiEani- or-.preper� y-sv+'aeF-fdr-sash CD178:10 prepeseFt-site-t;�Aa-wl�iet�-iqe-iaed•-ir�Ek-er fsed-ira4ger--weatEi- lke-tA-temperaFily-terata: T4e-ve44der-s#a4-keep these reesFds up to date-wit#-tkfe-RiaFuring-9iv+sioF►: (6) T4e--appti6ara property -such -that hey-wiN-aAt-sa0se-a+a on&a10 tFa#i6AF-pederA�:t16 17-5705 Proposed Code Changes (Clean Version) CHAPTER 178: OUTDOOR VENDORS 178.01 Purpose It is the purpose of this chapter to promote and encourage open air commercial environments, while preserving and protecting the health, safety and welfare of citizens by promoting opportunities and regulations for the creation of said exceptions within the City. (Ord. 5185, 10-7-08) 178.02 Sidewalk Cafes (A) Public rights-of-way are designed for free and unobstructed travel. However, the City of Fayetteville recognizes that certain developed and developing areas in a traditional town form are unique and that certain public amenities are not inconsistent with the underlying dedication for the public right-of-way, as long as they do not impede travel or interfere with the public safety. This ordinance is designed to encourage pedestrian activity and make the urban environment more attractive. (B) Sidewalk Cafe Authorization. The City Planning Division may issue permit allowing a sidewalk cafes on part of a specified sidewalk after the applicant has notified adjoining property owners. The City Planning Division shall ensure that no permit is granted, unless: (1) The proposed sidewalk cafe will not unduly impact or impede the public's ability to travel upon or use the sidewalk and any other affected public right-of-way, including public utility easements, (2) Any necessary costs to relocate a utility or widen the existing sidewalk to accommodate the proposed sidewalk cafe must be paid by the sidewalk cafe applicant. (3) The sidewalk caf(§ applicant may be required to post a surety bond or letter of credit sufficient to cover the cost of removing the sidewalk caf6 if necessary for the city or utility company to access pipes, lines, or other facilities. (4) The sidewalk cafe applicant must consent that the city or utility company may remove, without liability or compensation, part or all of the sidewalk cafe, if necessary, to get access to a utility facility or improvement. (C) Requirements: Sidewalk caf2s shall meet the following requirements in order to be approved: (1) Applicants requesting a license must provide a detailed site plan and written description CD178:1 illustrating the type, location and dimensions of all furniture to be placed in the public right- of-way. Sidewalk cafes may not be enclosed by fixed walls or other permanent structures. (2) Sidewalk cafes must be open to the air, except that an awning or canopy conforming to requirements established by the Unified Development Code and Building Code may be constructed over the sidewalk cafe. In order to provide sufficient pedestrian clearance, umbrellas must have 7 feet of free and clear space from the sidewalk surface to the lower edge of the umbrella. (3) Property shall be kept clean and free of refuse with no permanent trash containers placed on the premises. (4) All furnishings and fixtures must be of a temporary nature and shall be removed from the public right-of-way and stored inside during non -operational times. (5) For sidewalk cafes using City right-of-way for operation, there shall be a minimum of five feet or 50% of the total sidewalk width for clearance, whichever is greater, to provide adequate and unobstructed pedestrian movement. (6) If at any time the sidewalk caf6 is determined to impede travel or interfere with the public safety, as determined by the Planning Division, the sidewalk cafe shall be removed. (7) One A -frame sandwich/menu board is permitted within the sidewalk cafes' border during hours of operation, subject to the applicable regulations in Ch. 174: Signs for the same. (Ord. 5185, 10-7-08) 178.03 Sidewalk Vendors (A) Purpose. Public rights-of-way are designed for free and unobstructed travel. However, the City of Fayetteville recognizes that certain development patterns with wide sidewalks are unique and that certain public amenities are not inconsistent with the underlying dedication for the public right-of-way, as long as they do not impede travel or interfere with the public safety. This ordinance is designed to regulate open air vending of goods on public rights-of-way. (B) Sidewalk Vendor Authorization. The City Planning Division may issue a permit for a sidewalk vendor to use a specific sidewalk or Fayetteville Code of Ordinances plaza location for specified hours to sell specified (2) The permit issued shall not be transferable in goods for up to a one year period. The City any manner. Planning Division shall ensure that no permit is granted unless: (3) The permit is valid for one sidewalk vending location only. (1) The applicant has obtained all necessary permits from State or County authorities, including any Transient Merchant permit requirements. (2) The applicant has submitted a sales and use tax number, sales tax remittance forms and an affidavit that the applicant has fully paid all sales and use taxes during the previous twelve months, if applicable. (3) The applicant has filed a HMR tax remittance form with the City of Fayetteville, when applicable. (4) The applicant has notified all adjacent property owners, by certified mail, of the application. (C) Permit Application. Each application for a permit to conduct business on a sidewalk shall be accompanied by a $100 application and permit fee. Permits issued after July 1st shall be accompanied by a $50 application and permit fee. Each permit will expire at 3 a.m. on January 1st following the year issued. The permit fee shall be collected prior to issuance of the permit (1) Application for a sidewalk vendor permit shall' include the following items in a format acceptable to the City Planning Division: (a) Name, address and contact information. (b) Type of items sold or services rendered. (c) A valid copy of all necessary permits required by State and County health authorities.. (d) Proof of application for remittance of HMR tax to the City of Fayetteville, (e) Means to be used in conducting business, including but not limited to, a description of any mobile container or device to be used for transport or to display approved items or services. (f) A site plan indicating the location and dimensions of the proposed use and device or pushcart. (g) A detailed scale drawing, picture or diagram and material specifications of the device or pushcart to be used. CD178:2 (D) Permitted Vending Products and Goods, (1) The City of Fayetteville permits the following types of goods for street vending in approved locations: (a) Cut Flowers (b) Food and Beverage (c) Arts and Crafts: Only objects of art or craft produced and sold by a local artist or craft person may be sold by street vendors. (2) All goods being sold from sidewalk vendors shall: (a) Be located within the permitted area and be attended at all times. Sidewalk vendors shall not conduct transactions with vehicular traffic located in the right- of-way. (b) Not lead . to or cause congestion or blocking of pedestrian traffic on the sidewalk. (c) Involve a short transaction period to complete the sale or render the service. (d) Not cause undue noise or offensive odors. (e) Be'easily carried by pedestrians. (E) Pre -Approved Locations. Sidewalk vendors are permitted in specific locations in Fayetteville as a use by right. These locations have been determined by the City Council to have adequate sidewalk width, pedestrian traffic Flow, and they minimize potential conflicts with existing businesses. Sidewalk vendors are not permitted to operate on days / times associated with special events, unless they have been approved and granted a Special Events Permit from the organization coordinating the special event, Maps of approved locations are available in the Planning Division. The locations where street vending is allowed as a permitted use are: Inside of the Fayetteville Square. Sidewalk vendors may locate along sidewalks on all sides of the interior of the downtown Fayetteville Square. On days / times that the Farmers' Market or other special events TITLE XV UNIFIED DEVELOPMENT CODE operate, sidewalk vendors shall only be collapsible, and any propane tanks or other permitted if approved through the Farmers' attachments to the mobile device. The width Market or Special Event Permit process. shall not exceed 4 feet, including the carts wheel wells or tires, and any accessory (F) Alternative Locations. If an applicant wishes to components of the cart such as retractable operate as a sidewalk vendor in a location other or collapsible sinks or shelves. than those specifically approved by the City Council, a permit must be obtained. Upon receipt (3) The height of the mobile device or pushcart, of a permit application, the Planning Division excluding canopies, umbrellas, or shall review the proposed permit operating area transparent enclosures, shall not exceed 5 to determine if the said area is suitable for street feet. vending in accordance with this chapter. In making this determination, the Planning Division (4) No permanent hardware shall be affixed to shall consider the following criteria: the sidewalk or adjacent buildings. (1) The application meets all other criteria (5) Mobile generators are prohibited. established herein for a sidewalk vendor, with the exception that the applicant may (6) No sidewalk vendor may conduct business request that the cart, and/or operating area, on a sidewalk in any of the following places: may be larger than the dimension required in this chapter. An increase in cart size or (a) Within 10 feet of the intersection of the operating area may be considered by the sidewalk with any other sidewalk. City Planning Division as a variance. The Sidewalk intersections shall be kept determination of a larger cart size and/or clear for pedestrian safety. operation area shall _ be subject to the variance criteria in Chapter 156.03(C). (b) Within 10 feet of any handicapped parking space, or access ramp. (2) The number of permits issued for the street vending location shall not exceed the (c) Within 15 feet of a fire hydrant. capacity of the area in terms of maintaining the use of the sidewalk as a public right -of- (d) Within 15 ft. of an entrance to a building. way, with a minimum 48" pedestrian access route that is free and clear of obstructions. (7) Street vending facilities shall be removed The Planning Division shall consider the from the public right-of-way when not in use. width of sidewalk, the proximity and location Sidewalk vendors are only allowed to of existing street furniture, including, but not operate between the hours of 5 a.m. and 3 limited to: signposts, lamp posts, parking a.m. All carts shall be removed from the meters, bus shelters, benches, phone public right-of-way during non -operational booths, street trees and newsstands, as well hours. as the presence of bus stops, truck loading zones, other sidewalk vendors or taxi stands (8) Prior to final approval, Planning Staff shall to determine whether the proposed use inspect the sidewalk vendor set up in the would result in pedestrian or street proposed location, The applicant shall make congestion. an appointment between the hours of 8 a.m. to 5 p.m, in which Planning Staff will inspect (G) Requirements. Sidewalk vendors conducting the cart and all proposed accessories such business on the sidewalks of the City of as coolers, trash receptacle, chairs, etc. that Fayetteville with a valid permit issued under this the applicant is proposing for the site. Upon Chapter may transport and/or display approved approval, sidewalk vendors shall display in a goods upon the approved mobile device or prominent and visible manner the permit pushcart, under or subject to the following issued by the Planning Division. conditions: (9) The Fire Marshal shall inspect and approve (1) The operating area shall not exceed 40 any food and beverage pushcart to assure square feet of sidewalk, which shall include the conformance of all cooking or heating the area of the mobile device, operator and apparatus with the provisions of the City Fire trash receptacle. The Planning Division will Code. provide a map of approved vendor locations. (10) Sidewalk vendors who sell food and (2) The length of the mobile device or cart shall beverage are required to be permitted, and not exceed 7 feet, including the cart's trailer receive approval, through the Arkansas tongue or hitch that is not removed or Department of Health and Human Services CD178:3 Fayetteville Code of Ordinances for food related establishments. A copy of the permit issued by the State, and inspected and approved by the Washington County Health Department, shall be supplied to the Planning Division prior to Planning Division approval. (11)Sidewalk vendors are required to provide a trash receptacle for public use located within their permitted operating space. All 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. (12) No sidewalk vendor shall solicit, berate or make any noise of any kind by vocalization or otherwise, for the purpose of advertising or attracting attention to his wares. No audible amplified music shall be permitted. (H) Signage: Sidewalk vendors shall obtain a sign permit from the Planning Division prior to the issuance of a permit to operate. Sidewalk vendors are permitted a total of one (1) A -frame sandwich/menu board subject to Ch. 174 Signs regulating these types of.signs. The menu board shall list the products and prices for the items being vended. Only products or services available at the vending location shall be displayed. (1) Revocation of the Sidewalk Vendor Permit. The City Planning Division is authorized to revoke a sidewalk vendor's permit if it is determined that a violation of the requirements of the Unified Development Code has occurred, (Ord. 5185, 10-7-08; Ord. 5321, 5-18-10; Ord. 5459, 11-15- 11; Ord. 5768, 5-5-15) 178.04 Outdoor Mobile Vendors (A) Purpose. The purpose of this section is to facilitate and control the ability of mobile vendors and mobile vendor courts to operate on private property while ensuring such use is compatible with nearby properties, fosters an aesthetically appealing streetscape and does not create a dangerous traffic condition. (B) Definitions. (1) Food trucks. A type of mobile vendor which is a motorized and operationally self- contained single vehicle equipped with facilities for cooking and selling food. CD178:4 (2) Food trailers. A type of mobile vendor which is designed to be towed on public roads and having an enclosed area for storage, handling or preparation of food. (3) Other vendors. Mobile vendors are not limited to operating out of a food truck or trailer. (4) Mobile Vendor Court. An outdoor commercial center with 5 or more mobile vendors in a shared location. (C) Mobile Vendor Permit Requirements. All mobile vendors shall meet the following requirements and submittals prior to approval: (1) Each application for a permit to conduct a mobile vendor business shall be accompanied by a $100.00 permit review and processing fee. Mobile vendor permits shall be issued to the owner of the mobile vendor vehicle. This application will also serve as the vendors business_ license that will be processed as such. (2) Application for a permit to conduct a mobile vendor business shall include the following items in a format acceptable to the Planning Division: (a) Name, address, contact informabon'and signature of both the property owner and the mobile vendor requesting to locate on private property. (b) A valid copy of all necessary permits required by State and County health authorities which shall be conspicuously displayed at all times during the operation of the business. (c) Proof of application for remittance of HMR tax to the City of Fayetteville, when applicable. (d) For each location other than those permitted as part of a Mobile Vendor Court, a detailed site plan roughly drawn to scale showing the location of the property lines, each mobile vendor location, building setback lines, vehicle parking spaces, the sidewalk location and any proposed dining or sitting areas. (e) Written authorization, signed by the property owner or legal representative of record, stating that the mobile vendor is permitted to operate on the subject property for a specified period of time.. TITLE XV UNIFIED DEVELOPMENT CODE (3) The mobile vendor has the responsibility to dispose of all wastes in accordance with all applicable laws. Mobile vendors are not permitted to dispose of their trash in public trash receptacles. (4) The mobile vendor permit issued shall not be transferable in any manner. (5) The mobile vendor permit issued shall be conspicuously displayed at all times during the operation of the mobile vending business, (6) The proposed use must be a permitted use - by -right within the underlying zoning district. (7) Mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the public has access to the interior of any mobile vending unit. (8) Mobile vendors shall be required to renew their permit on an annual basis following the same timeframe as a standard business license renewal. As part of the renewal process, vendors shall submit an updated copy of the health department permit, HMR tax forms, and a re -inspection by the City Fire Department where applicable. Failure to renew a permit will be cause for revocation by the City Planning Division. (D) Mobile Vendor Courts. Mobile vendor courts may be permitted administratively in appropriate zoning districts. A property owner may request a (E) permit from the Planning Division to develop -a mobile vendor court subject to the following standards: (1) The property owner has provided the Planning Division with a detailed site plan of the mobile vendor court showing the location and dimensional relationships of the property lines, all proposed mobile vendors locations, building setbacks, vehicle parking, sidewalk location and proposed dining or sitting areas. (2) Site Improvement Requirements (a) Site Design. Sites shall be improved with a barrier between vehicular and customer service areas, including ordering and dining areas. The barrier may be implied or physical and constructed with landscaping elements; gated fencing: changes in ground surface texture, material or color; or similar treatments. Sites which are not already paved with gravel or another CD178:5 hard surface shall improve their parking areas with gravel or other pavement designed in accordance with the Parking Lot Design Standards. With respect to landscaping requirements, the entire Mobile Vendor Court shall be considered a parking lot and perimeter landscaping will be required in accordance with Parking Lot Landscape Standards. (b) Sanitation. Adequate restroom facilities shall be provided either on-site or through a shared use agreement with a neighboring business. Portable toilets, if used, must be screened from view of the public. (c) Utilities. Above ground utility connections shall not interfere with pedestrian or vehicular safety and shall not be located in customer service areas or customer parking areas. (d) Mobile vendor courts shall not have continuous curb cuts or exacerbate a dangerous pedestrian condition. New courts may close continuous curb cuts or improve pedestrian conditions with temporary materials subject to approval of the City Planning Division. Acceptable materials include planters, plinths, benches, pavers, and other furniture. Temporary improvements installed by mobile vendor courts shall not reduce access for pedestrians with disabilities. Limited Time Permits. Permitted food trucks and trailers may operate in the following locations for up to twelve hours each day, after which they must move to a new location which is out -of -view of the original location. (1) Marked parallel parking spaces, which are not reserved for residential use and provided the parking space is not in front of a business selling similar food. Service to customers shall be only on the sidewalk side of the vehicle to maintain public safety. Vendors are not exempt from paying the standard rate for the parking space. (2) Marked parking spaces within parks pursuant to City Code §97.086. (3) Private property zoned for food and beverage sales and with the owner's permission. (F) Exemptions. The provisions of the Mobile Vendor ordinance do not apply to: Fayetteville Code of Ordinances (1) The placing and maintenance of unattended permit or during presentations to the stands or sales devices for the sale or Planning Commission. display of newspapers, magazines, periodicals and paperbound books. (2) Conducting the business of mobile vending in a manner contrary to the conditions of the (2) The distribution of free samples of goods, permit. wares and merchandise by any individual from his person. (3) Conducting the business of vending in such a manner as to create a public nuisance, (3) Special events authorized by a Special cause a breach of the peace, constitute a Event Permit from the City of Fayetteville danger to the public health, safety, welfare or Parking Management Division. interfere with the rights of abutting property owners. (4) Fireworks sales. (5) Children's lemonade stands. (6) Temporary tent sales that operate for less than 3 days. A tent permit from the Planning Division and Fire Marshal inspection is required. (7) Temporary sales for non-profit entities that operate for less than 5 consecutive days. (8) Non-profit organizations that prepare and donate or give away food for free. (G) Prohibited Conduct. The following conduct - is prohibited for mobile vendors: (1) Obstruct pedestrian or vehicular traffic flow. (2) Obstruct traffic signals or regulatory signs. (3) Use of any device that produces a loud and raucous noise or operate any loudspeaker, light or light system, public address system, radio, sound amplifier, or similar device to attract public attention. (4) Conduct business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, create a nuisance, increase traffic congestion or delay, constitute a hazard to traffic, life or property, or obstruct adequate access to emergency and sanitation vehicles. (5) Use or display any signage that is not in compliance with the Unified Development Code Chapter 174: Signs. (H) Suspension and Revocation of Permit. Any permit issued under these regulations may be suspended or revoked by the Development Services Director for any of the following reasons: (1) Fraud, misrepresentation or knowingly false statement contained in the application for the CD178:6 (4) Cancellation of health department authorization for a food or beverage vending unit due to uncorrected health or sanitation violations, or, (1) Notification of Suspension or Revocation. The Development Services Director shall provide written notice of the suspension or revocation in a brief statement setting forth the complaint, the grounds for suspension or revocation and notifying the vendor or the property' owner of his/her right to appeal to the Planning Commission. Such notice shall be personally delivered, posted upon the mobile vendors' premises or mailed to both the address of the property owner and the address of the mobile vendor shown on the permit holder's application by certified mail, return receipt requested. (Ord. 5185, 10-7-08; Ord. 5425, 8-2-11; Ord, 5498 05-01-12; Ord. 5666, 3-18-14) CITY OF `Fay81 l C PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director Matthew Petty, Alderman MEETING DATE: March 27, 2017 (Updated with Planning Commission results) SUBJECT: ADM 17-5705: Administrative Item (UDC Chapter 178/UDC Amendment Outdoor Mobile Vendors): Submitted by CITY PLANNING STAFF and ALDERMAN MATTHEW PETTY for revisions to UDC Chapter 178 to modify the requirements for mobile vendors. RECOMMENDATION: Staff recommends that the Planning Commission forward ADM 17-5705 to the City Council with a recommendation for approval. DISCUSSION: March 13. 2017 Planning Commission. This item was discussed and tabled at the March 13,201 Planning Commission meeting The primary reason for tabling the item was for continued evaluation of improvements to public safety that may be required with mobile vendor courts Based on the commission's input a new subsection has been proposed to require any continuous curb cuts be closed and pedestrian safety maintained. Due to the small size of new impact and semi-permanent nature of this use, the safety improvements may be completed with temporary measures. This new subsection is 178.04 (D)(20) as indicated on the attachments to this report. Additionaliv. the limited time permits have been expanded to 12 hours as requested by the commission. The Outdoor Mobile Vendor code (UDC Chapter 178) was amended in 2014 to allow vending on public property such as streets and parks. At the time of the proposed code change, concerns were expressed that there would be a large number of vendors that might have a negative impact on the availability of public parking. To offset that potential issue, permits for mobile vendors on public property were to be issued by a lottery drawing for a maximum of three permits annually. The total number of permits could be increased slightly depending on the number of applications. Although there were a few application for the first lottery, to staffs knowledge there have not been any mobile vendors that have operated on public property such as in the parallel parking spaces on Dickson Street or in parking lots in parks since the code's change. Because mobile vending on public property has not proven to be a problem and a lottery drawing seems unnecessary, staff proposes to remove the lottery drawing requirement from the code. A conditional use permit process is required for mobile vendor courts and sidewalk cafes. There has only been one conditional use permit application for a mobile vendor court. The permit was for the Shulertown Food Court on Dickson Street which was in May of 2014. There have been no Planning Commission RA—h 07 7n17 Mailing Address: Agenda Item 5 113 W. Mountain Street www.M9AQ4RWrdr7c ov Fayetteville, AR 72701 Page 1 of 1 applications for sidewalk cafes. Staff proposes to modify the requirements for mobile vendor courts and sidewalk cafes, and allow them to be approved administratively by staff. Section 178.04 allows two types of mobile vending permits: a six month permit that is approved by staff and a one-year (annual) permit that may be approved by the Planning Commission. There have been 19 annual permits submitted to the Planning Commission over the past three years and all have been approved, usually on the consent agenda. Because the Planning Commission and City Council have been supportive of these types of permits and no complaints have been received by staff, staff proposes to remove the time limitation for mobile vendors. Instead, staff proposes that mobile vendors simply renew their permit on an annual basis similar to a business license. These changes are an effort to encourage more vacant property to be utilized for mobile vending, provide economic opportunities for start-up businesses, and create a more lively streetscape and increased urban amenities for citizens. Proposal: Staff proposes the following code changes as outlined below and shown in the attached document in highlight and sWkeeat: • 178.01 Purpose. Change the word "retail" to "commercial". ■ 178.02 Sidewalk Cafes. Change the requirement for sidewalk cafes to be able to be approved by staff instead of a conditional use permit. ■ 178.04 Outdoor Mobile Vendors o B. Added definitions for various types of vendors for clarification. o C. Combined the "Mobile Vendor Six Month Permit" and "Mobile Vendor Annual Permit" into one permit that is approved by staff and applicants are required to renew their permits on an annual basis like a business license. o D. Allow "Mobile Vendor Courts" to be approved administratively by staff instead of as a conditional use permit. Modified the requirements for mobile vendor courts to clarify site improvements especially in a greenfield site. o E. Change "Limited Time Permits" for all vendors to automatically be allowed "Limited Time Permits". This allows all permitted vendors to operate on public property such as Dickson Street and in city parks; also expanded the timeframe to 12 hours. • 178.05 Food Truck and Food Trailer Limited Time Permits. Removed this section as it was condensed and combined into subsection "E". BUDGET/STAFF IMPACT: None Attachments: ■ Proposed code changes shown in highlight and strikeou PLANNING COMMISSION ACTION March 13. 2017 ElTabled (until next PC meeting) Motion: Hoffman Second: Hoskins Vote: 6-3-0 (Commissioners Quinlan, Autry, Belden voted 'no' as they were ready to forward the item) March 23, 2017 Qx Forwarded (recommend approval) Motion: Selby Second: Autry Vote: 840-0 Note: Recommend approval, including the change discussed on the wording for mobile vendor courts to be able to make pedestrian improvements using temporary public space improvements, as stated by staff Planning Commission March 27, 2017 Agenda Item 5 G:\ETC\Development Services Review\2017\Development Review\17-5705 ADM UDC Amend Ch. 178 (Outdoor Mobile Vendors)\01 PIA gChapter 178 Commission\03-27-2017 page 2 of 12 Exhibit A 178.04 Outdoor Mobile Vendors (B) Definitions. (1) Food trucks. A type of mobile vendor which is a motorized and operationally self-contained single vehicle equipped with facilities for cooking and selling food. (2) Food trailers. A type of mobile vendor which is designed to be towed on public roads and having an enclosed area for storage, handling or preparation of food. (3) Other vendors. Mobile vendors are not limited to operating out of a food truck or trailer. (4) Mobile Vendor Court. An outdoor commercial center with 5 or more mobile vendors in a shared location. (C) Mobile Vendor Permit Requirements. All mobile vendors shall meet the following requirements and submittals prior to approval: (1) Each application for a permit to conduct a mobile vendor business shall be accompanied by a $100.00 permit review and processing fee. Mobile vendor permits shall be issued to the owner of the mobile vendor vehicle. This application will also serve as the vendor's business license that will be processed as such. (2) Application for a permit to conduct a mobile vendor business shall include the following items in a format acceptable to the Planning Division: (a) Name, address, contact information and signature of both the property owner and the mobile vendor requesting to locate on private property, (b) A valid copy of all necessary permits required by State and County health authorities which shall be conspicuously displayed at all times during the operation of the business. (c) Proof of application for remittance of HMR tax to the City of Fayetteville, when applicable. (d) For each location other than those permitted as part of a Mobile Vendor Court, a detailed site plan roughly drawn to scale showing the location of the property lines, each mobile vendor location, building setback lines, vehicle parking spaces, the sidewalk location and any proposed dining or sitting areas. (e) _Written authorization, signed by the property owner or legal representative of record, stating that the mobile vendor is permitted to operate on the subject property for a specified period of time. (3) The mobile vendor has the responsibility to dispose of all wastes in accordance with all applicable laws. Mobile vendors are not permitted to dispose of their trash in public trash receptacles. (4) The mobile vendor permit issued shall not be transferable in any manner. (5) The mobile vendor permit issued shall be conspicuously displayed at all times during the operation of the mobile vending business. (6) The proposed use must be a permitted use -by -right within the underlying zoning district. (7) Mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the public has access to the interior of any mobile vending unit. (8) Mobile vendors shall be required to renew their permit on an annual basis following the same timeframe as a standards business license renewal. As part of the renewal process, vendors shall submit an updated copy of the health department permit, HMR tax forms, and a re -inspection by the City Fire Department where applicable. Failure to renew a permit will be cause for revocation by the City Planning Division. (D) Mobile Vendor Courts. Mobile vendor courts may be permitted administratively in appropriate zoning districts. A property owner may request a permit from the Planning Division to develop a mobile court subject to the following standards: (1) The property owner has provided the Planning Division with a detailed site plan of the mobile vendor court showing the location and dimensional relationships of the property lines, all proposed mobile vendor locations, building setbacks, vehicle parking, sidewalk location and proposed dining or sitting areas. (2) Site Improvement requirements. (a) Site Design. Sites shall be improved with a barrier between vehicular and customer service areas, including ordering and dining areas. The barrier may be implied or physical and constructed with landscaping elements; gated fencing; changes in ground surface texture, material or color; or similar treatments. Sites which are not already paved with gravel or another hard surface shall improve their parking areas with gravel or other pavement designed in accordance with the Parking Lot Design Standards. With respect to landscaping requirements, the entire Mobile Vendor Court shall be considered a parking lot and perimeter landscaping will be required in accordance with Parking Lot Landscape Standards. (b) Sanitation. Adequate restroom facilities shall be provided either on-site or through a shared use agreement with a neighboring business. Portable toilets, if used, must be screened from view of the public. (c) Utilities. Above ground utility connections shall not interfere with pedestrian or vehicular safety and shall not be located in customer service areas or customer parking areas. (d) Mobile vendor courts shall not have continuous curb cuts or exacerbate a dangerous pedestrian condition. New courts may close continuous curb cuts or improve pedestrian conditions with temporary materials subject to approval of the City Planning Division. Acceptable materials include planters, plinths, benches, pavers, and other furniture. Temporary improvements installed by mobile vendor courts shall not reduce access for pedestrians with disabilities. (E) Limited Time Permits. Permitted food trucks and trailers may operate in the following locations for up to twelve hours each day, after which they must move to a new location which is out -of -view of the original location. (1) Marked parallel parking spaces, which are not reserved for residential use and provided the parking space is not in front of a business selling similar food. Service to customers shall be only on the sidewalk side of the vehicle to maintain public safety. Vendors are not exempt from paying the standard rate for the parking space. (2) Marked parking spaces within parks pursuant to City Code §97.086. (3) Private property zoned for food and beverage sales and with the owner's permission. RECEIVED JUN 0 5 2017 NORTHWEST ARKAI RKSOFFICE TN vem®crat (a�lte P.O. BOK 1E07 �- Af E -TP 1 T -LE. AR 72702 i42 ', vG FAX— 69 t11E • .. ,. Y+.^:vt.'C M', C") '.l AFFIDAVIT OF PUBLICATION I Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of- CITY f CITY OF FAYETTEVILLE Ord. 5979 Was inserted in the Regular Edition on: May 25, 2017 Publication Charges: $ 185.90 G/1:11) 0—a 00 Karen Caler Subscribed and sworn to before me This'31 day of� 2017. Notary Public My Commission Expires: `I 47t ( MAy C0 m;n';Ss 0: * *NOTE* Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5979 File Number: 2017-0192 ADM 17-5705 (UDC CHAPTER 178 OUTDOOR MOBILE VENDORS): AN ORDINANCE TO AMEND CHAPTER 178 OUTDOOR VENDORS OF THE UNIFIED DEVELOPMENT CODE TO END THE PERMIT LOTTERY FOR MOBILE VENDORS UTILIZING PUBLIC PARKING AREAS, TO ALLOW ADMINISTRATIVE APPROVAL OF PERMITS FOR MOBILE VENDOR COURTS AND SIDEWALK CARS, TO ALLOW MOBILE VENDORS TO ADMINISTRATIVELY RENEW PERMITS ANNUALLY, AND TO MAKE TECHNICAL REVISIONS WHEREAS, the City has not experienced any problems since allowing mobile vendors to park in parallel spaces or public parking lots and ending the permit lottery will remove an unnecessary requirement for those businesses; and WHEREAS, allowing staffto administratively approve mobile vendor courts, sidewalk cafbs, and annual mobile vendor permits will streamline the process for applicants. 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 § 178.01 by replacing "retail" with "commercial." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends 178.02(B) by repealing the introductory paragraph and enacting a new introductory paragraph as follows: "The City Planning Division may issue a permit allowing a sidewalk cafe on part of a specified sidewalk after the applicant has notified adjoining property owners. The City Planning Division shall ensure that no permit is granted, unless:" Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.03(B) by repealing the introductory paragraph and enacting a new introductory paragraph as follows: "The City Planning Division may issue a permit for a sidewalk vendor to use a specific sidewalk or plaza location for specified hours to sell specified goods for up to a one year period .The City Planning Division shall ensure that no permit is granted, unless:" Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § § 178.03(C)(1) and 178.03(1) by replacing . "Zoning and Development Administrator" with "City Planning Division" and § 178.03(Fx1) by replacing "Planning Commission" with "City Planning Division." Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.04 Outdoor Mobile Vendors Located on Private Property by striking "Located on Private Property" from the title and by sinking "on private property" from § 178.04(A) Purpose. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals §§ 178.04(B) through 178.04(E) and adopts new §§ 178.04(6) through 178.04(E) as shown in Exhibit A attached hereto and made a part hereof. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 178.05 Food Truck and Food Trailer Limited Time Permits. PASSED and APPROVED on 5/16/2017 Jordan, Mayor Sondra E. Smith, City Clerk Treasurer 74144846 May 25, 2017 RECEIVED OCT 0 3 2019 NORTHWEST ARKANSAS Oc F C E FFICE VemocratV.nette Ro BO _, AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager for the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 6223 Was inserted in the Regular Edition on: September 12, 2019 Publication Charges: $ 104.00 Cathy Sta s Subscribed and sworn to before me This 30 day of��--, 2019. Notary Public My Commission Expires: 244) Imo. CATHY WILES Arkansas - Benton County , Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024 i **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6223 File Number: 2019-0482 AMEND CHAPTER 161, SIDEWALK AN ORDINANCE TO AMEND CHAPTER 161, ZONING REGULATIONS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE BY MOVING SIDEWALK CAFES FROM CONDITIONAL USES TO PERMITTED USES IN COMMERCIAL AND MIXED-USE ZONES TO ALIGN WITH THE INTENT OF ORDINANCE 5979 TO ALLOW ADMINISTRATIVE APPROVAL OF SIDEWALK CAFES WHEREAS, in 2017 the City Council approved Ordinance 5979, which was intended to amend the Unified Development Code to allow the City Planning Division to administratively approve sidewalk cafes; and WHEREAS, the ordinance provided for an amendment to § 178.02, Sidewalk Cafes but not Chapter 161, Zoning Regulations, which needed to be changed to move sidewalk cafes from conditional uses to permitted uses within commercial and mixed-use zoning districts. 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 §§ 161.18, NS -L, Neighborhood Services - Limited; 161.19, NS -G, Neighborhood Services -General; 161.21, District C-1, Neighborhood Commercial; 161.22, Community Services; 161.23, District C-2, Thoroughfare Commercial; 161.24, Urban Thoroughfare; 161.25, District C-3, Central Commercial; 161.26, Downtown Core; 161.27, Main Street/Center; and 161.28, Downtown General in the Fayetteville Unified Development Code by moving "Sidewalk Cafes' from conditional uses to permitted uses. PASSED and APPROVED on 9/3/2019 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 75077816 Sept. 12, 2019