HomeMy WebLinkAboutOrdinance 6659113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6659
File Number: 2023-682
AMEND § 151.01 AND 163.12 DEFINITIONS:
AN ORDINANCE TO AMEND § 151.01 DEFINITIONS AND ENACT § 163.12 CAMPGROUNDS OF THE
FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ESTABLISH REGULATIONS FOR CAMPGROUNDS
AS A CONDITIONAL USE IN THE CITY OF FAYETTEVILLE
WHEREAS, the Ordinance Review Committee recommends approval of amendments to the Unified Development
Code to codify definitions of campgrounds and camping, and to enact regulations for campgrounds to be permitted
citywide as a conditional use.
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 § 151.01 Definitions of the
Unified Development Code by enacting the following definitions:
"Campground: Private or City property used for camping purposes.
Camping: To reside or dwell temporarily in a place, with shelter, including one or more of the specified activities:
A. Erecting any tent, tarpaulin, shelter, or other structure or temporary structure that would permit one to sleep
overnight;
B. Using a vehicle for the purpose of sleeping, including but not limited to all types of recreational vehicles.
Camping shall not include incidental napping, picnicking, or personal use by the owner or tenant of a permanent
residential dwelling."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 163.12 Campgrounds as
follows:
(A) Campgrounds may be permitted citywide as a conditional use subject to the following minimum conditions:
1. Consent. The owner of the property shall provide written consent.
2. Contact. The owner of the property shall ensure current contact information is provided to the City for the
owner or a responsible party.
3. Owner or agent accessibility. The property owner shall ensure that they or a designated agent are available at
all times the property is being used for camping, including nights and weekends, in order to facilitate
Page 1
Ordinance: 6659
File Number.' 2023-682
compliance with this section. For the purposes of these regulations, "availability" means that the owner or
agent is accessible by telephone, and, able to be physically present at the location within three hours of being
contacted.
4. Sanitation. Provisions shall be made to ensure any person camping on the property has access to sanitary
facilities, including restroom and potable water.
5. Waste. The owner of the property shall ensure the provision of adequate garbage services such that no
accumulation of solid waste occurs.
6. Setbacks. The owner shall ensure that any facilities, tents, or vehicles used for camping comply with the
setback requirements of the applicable zoning district.
7. Access by the City. The City shall be authorized to enter the property to ensure compliance with the City's
ordinances and any conditions of approval.
(B) In addition to the factors set forth in § 163.02(C)(3), campgrounds are further subject to approval, denial, or
additional conditions based on the Planning Commission's findings on the following factors:
1. Duration. Where appropriate, conditions may be applied limiting the duration of the conditional use permit or
the duration of stay by campground users;
2. Natural Hazards. Potential natural hazards, including flooding and slopes, shall be considered in siting of
camping areas and may be a factor for denial of a conditional use permit;
3. Separation and Screening. The Planning Commission may require greater separation from adjacent properties
than the minimum setbacks applicable to the zoning district. The Planning Commission may also require
screening.
4. Occupancy Limits. The Planning Commission should consider limits on the number of occupants on the
property with consideration for factors including, but not limited to, the acreage of the property, the proximity
of adjacent structures, and the capacity of utilities available on site.
5. Campfires. Where appropriate, conditions may be applied limiting campfires or other open burning, with
review and approval by the Fire Marshal.
6. Noise. The Planning Commission may apply conditions limiting noise emissions from the campground.
7. Storage. Where appropriate, conditions may be applied to ensure that any person camping on the property has
access to securable storage for personal items.
(C) The requirements and limitations of this section shall not apply to or affect the limited camping authorizations of
§97.068, Camping Prohibited in the Parks and Recreation Chapter of the Fayetteville Code.
PASSED and APPROVED on May 2, 2023
Page 2
Attest:
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Kara Paxton, City C rk Treasurer r ;
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CITY OF
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FAYETTEVILLE
ARKANSAS
MEETING OF MAY 2, 2023
TO: Mayor Jordan and City Council
THRU:
CITY COUNCIL MEMO
2023-682
FROM: Blake Pennington, Assistant City Attorney
DATE:
SUBJECT: Ordinance to Establish Definitions and Regulations for Camping as a Conditional
Use
RECOMMENDATION:
On April 5, 2023, the Ordinance Review Committee voted 3-1 to recommend approval of an ordinance defining
campgrounds and camping and establishing regulations for camping citywide as a conditional use.
BACKGROUND:
DISCUSSION:
BUDGET/STAFF IMPACT:
ATTACHMENTS: AGENDA REQUEST CAMPGROUNDS CONDITIONAL USE - Council Members Hertzberg
and Berna, Memo - Possible Amendment to Campground CUP regulations, Ordinance Review Agenda Packet
April 5, 2023, Ordinance Review Agenda Packet March 15, 2023
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
® City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-682
Ordinance to Establish Definitions and Regulations for Camping as a Conditional Use
AN ORDINANCE TO AMEND § 151.01 DEFINITIONS AND ENACT § 163.12 CAMPGROUNDS
OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO ESTABLISH REGULATIONS
FOR CAMPGROUNDS AS A CONDITIONAL USE IN THE CITY OF FAYETTEVILLE
WHEREAS, the Ordinance Review Committee recommends approval of amendments to the Unified
Development Code to codify definitions of campgrounds and camping, and to enact regulations for
campgrounds to be permitted citywide as a conditional use.
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 § 151.01
Definitions of the Unified Development Code by enacting the following definitions:
"Campground: Private or City property used for camping purposes.
Camping: To reside or dwell temporarily in a place, with shelter, including one or more of the specified
activities:
A. Erecting any tent, tarpaulin, shelter, or other structure or temporary structure that would permit
one to sleep overnight;
B. Using a vehicle for the purpose of sleeping, including but not limited to all types of recreational
vehicles.
Camping shall not include incidental napping, picnicking, or personal use by the owner or tenant of a
permanent residential dwelling."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 163.12
Campgrounds as follows:
(A) Campgrounds may be permitted citywide as a conditional use subject to the following minimum
conditions:
1. Consent. The owner of the property shall provide written consent.
2. Contact. The owner of the property shall ensure current contact information is provided to the
Page 1
Ordinance: 6659
File Number: 2023-682
City for the owner or a responsible party.
3. Owner or agent accessibility. The property owner shall ensure that they or a designated agent are
available at all times the property is being used for camping, including nights and weekends, in
order to facilitate compliance with this section. For the purposes of these regulations,
"availability" means that the owner or agent is accessible by telephone, and, able to be physically
present at the location within three hours of being contacted.
4. Sanitation. Provisions shall be made to ensure any person camping on the property has access to
sanitary facilities, including restroom and potable water.
5. Waste. The owner of the property shall ensure the provision of adequate garbage services such
that no accumulation of solid waste occurs.
6. Setbacks. The owner shall ensure that any facilities, tents, or vehicles used for camping comply
with the setback requirements of the applicable zoning district.
7. Access by the City. The City shall be authorized to enter the property to ensure compliance with
the City's ordinances and any conditions of approval.
(B) In addition to the factors set forth in § 163.02(C)(3), campgrounds are further subject to approval,
denial, or additional conditions based on the Planning Commission's findings on the following factors:
1. Duration. Where appropriate, conditions may be applied limiting the duration of the conditional
use permit or the duration of stay by campground users;
2. Natural Hazards. Potential natural hazards, including flooding and slopes, shall be considered in
siting of camping areas and may be a factor for denial of a conditional use permit;
3. Separation and Screening. The Planning Commission may require greater separation from
adjacent properties than the minimum setbacks applicable to the zoning district. The Planning
Commission may also require screening.
4. Occupancy Limits. The Planning Commission should consider limits on the number of occupants
on the property with consideration for factors including, but not limited to, the acreage of the
property, the proximity of adjacent structures, and the capacity of utilities available on site.
5. Campfires. Where appropriate, conditions may be applied limiting campfires or other open
burning, with review and approval by the Fire Marshal.
6. Noise. The Planning Commission may apply conditions limiting noise emissions from the
campground.
7. Storage. Where appropriate, conditions may be applied to ensure that any person camping on the
property has access to securable storage for personal items.
(C) The requirements and limitations of this section shall not apply to or affect the limited camping
authorizations of §97.068, Camping Prohibited in the Parks and Recreation Chapter of the Fayetteville
Code.
Page 2
Civic Clerk Item No.: 2023-682
AGENDA REQUEST FORM
FOR: Council Meeting of May 2, 2023
FROM: Council Member Holly Hertzberg
Council Member Scott Berna
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND § 151.01 DEFINITIONS AND ENACT § 163.12
CAMPGROUNDS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO
ESTABLISH REGULATIONS FOR CAMPGROUNDS AS A CONDITIONAL USE IN
THE CITY OF FAYETTEVILLE
APPROVED FOR AGENDA:
City Council Member
Holly Hertzberg
Approved by email
City Council Member
Scott Berna
Asst. City Attorney Bake Pennington
Approved as to form
4/13/23
Date
4/11 /23
Date
4/13/23
Date
ORDINANCE NO.
AN ORDINANCE TO AMEND § 151.01 DEFINITIONS AND ENACT § 163.12
CAMPGROUNDS OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO
ESTABLISH REGULATIONS FOR CAMPGROUNDS AS A CONDITIONAL USE IN THE
CITY OF FAYETTEVILLE
WHEREAS, the Ordinance Review Committee recommends approval of amendments to the
Unified Development Code to codify definitions of campgrounds and camping, and to enact
regulations for campgrounds to be permitted citywide as a conditional use.
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 § 151.01
Definitions of the Unified Development Code by enacting the following definitions:
"Campground: Private or public property used for camping purposes.
Camping: To reside or dwell temporarily in a place, with shelter, including one or more of
the specified activities:
A. Erecting any tent, tarpaulin, shelter, or other structure or temporary
structure that would permit one to sleep overnight;
B. Using a vehicle for the purpose of sleeping, including but not limited to all
types of recreational vehicles.
Camping shall not include incidental napping, picnicking, or personal use by the
owner or tenant of a permanent residential dwelling."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 163.12
Campgrounds as follows:
(A)Campgrounds may be permitted citywide as a conditional use subject to the following
minimum conditions:
(1) Consent. The owner of the property shall provide written consent.
(2) Contact. The owner of the property shall ensure current contact information is
provided to the City for the owner or a responsible party.
(3) Owner or agent accessibility. The property owner shall ensure that they or a
designated agent are available at all times the property is being used for camping,
including nights and weekends, in order to facilitate compliance with this section.
For the purposes of these regulations, "availability" means that the owner or agent
is accessible by telephone, and, able to be physically present at the location within
three hours of being contacted.
(4) Sanitation. Provisions shall be made to ensure any person camping on the property
has access to sanitary facilities, including restroom and potable water.
(5) Waste. The owner of the property shall ensure the provision of adequate garbage
services such that no accumulation of solid waste occurs.
(6) Setbacks. The owner shall ensure that any facilities, tents, or vehicles used for
camping comply with the setback requirements of the applicable zoning district.
(7) Access by the City. The City shall be authorized to enter the property to ensure
compliance with the City's ordinances and any conditions of approval.
(B) In addition to the factors set forth in § 163.02(C)(3), campgrounds are further subject to
approval, denial, or additional conditions based on the Planning Commission's findings on
the following factors:
(1) Duration. Where appropriate, conditions may be applied limiting the duration of
the conditional use permit or the duration of stay by campground users;
(2) Natural Hazards. Potential natural hazards, including flooding and slopes, shall be
considered in siting of camping areas and may be a factor for denial of a conditional
use permit;
(3) Separation and Screening. The Planning Commission may require greater
separation from adjacent properties than the minimum setbacks applicable to the
zoning district. The Planning Commission may also require screening.
(4) Occupancy Limits. The Planning Commission should consider limits on the number
of occupants on the property with consideration for factors including, but not
limited to, the acreage of the property, the proximity of adjacent structures, and the
capacity of utilities available on site.
(5) Campfires. Where appropriate, conditions may be applied limiting campfires or
other open burning, with review and approval by the Fire Marshal.
(6) Noise. The Planning Commission may apply conditions limiting noise emissions
from the campground.
(7) Storage. Where appropriate, conditions may be applied to ensure that any person
camping on the property has access to securable storage for personal items.
PASSED and APPROVED this 2nd day of May, 2023.
APPROVED:
ATTEST:
LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer
Ll�
DEPARTMENTAL CORRESPONDENCE„--.
OFFICE OF THE
CITY ATTORNEY
Kit Williams
City Attorney
TO: Mayor Jordan Blake Pennington
City Council
Assistant City Attorney
Jodi Batker
FROM: Blake Pennington, Assistant City All Paralegal
A
DATE: April 14, 2023
RE: Possible Amendment to Definition of Campground
Following the Ordinance Review Committee's vote on the
amendments to the City's campground regulations, we received some
feedback from City Attorney Kit Williams and Parks & Recreation Director
Alison Jumper that suggest an amendment to the definition of campground
may be appropriate.
By including public land in the definition of campground it means that
public land would be subject to regulation for camping activities just like
private land. While this may be appropriate for City property, we cannot
regulate such activities on either state or federal lands.
Additionally, § 97.068 Camping Prohibited within Chapter 97 Parks
and Recreation contains some specific exceptions to allow limited camping
within parks when authorized by the Parks and Recreation Director. That
section states:
No person in a park shall set up or use tents, shacks, or any other
temporary shelter for the purpose of overnight camping, nor
shall any person bring in or leave in a city park after closing
hours any structure or vehicle to be used or that could be used
for such purpose, such as house trailer, camp trailer, camp
wagon or the like without a Camping Permit approved by the
Parks and Recreation Director. Boy Scouts and other groups who
have served the Parks and Recreation Department through
approved work programs in parks may be permitted to camp at
designated park campsites with an approved Camping Permit
authorized by the Parks and Recreation Director. Tournament
directors of park related sanctioned tournaments may be
permitted to camp at designated tournament facility sites with
an approved Camping Permit authorized by the Parks and
Recreation Director. Special event and/or Race Directors and
event participants may be permitted to camp at designated
campsites with an approved Camping Permit authorized by the
Parks and Recreation Director.
The City Council might consider the following options during your
discussions on these amendments:
1. Remove "and public" from the definition of campground so that it
reads "Private property used for camping purposes."
This amendment would then remove the conditional use permit
requirement for camping on any public land. Since the City cannot regulate
state or federal property, it would have no effect on those lands. It would
allow the City Council or the Mayor to establish separate regulations for
camping on City property and it would be consistent with the regulations
the City Council has already enacted for limited camping in § 97.068.
While there is some support in the law for the City to regulate certain
activities on county or school district land, it may be appropriate to allow
their governing bodies to regulate this type of activity on their property.
2. Change "public' to "City" so that it reads 'Private or City property
used for camping purposes.
The City Council could require campgrounds on City property to
adhere to the conditional use permit requirement. This could also be
amended to include county or school district property, which would then
exempt only state and federal land. I would also suggest exempting the
existing camping regulations in § 97.068.
2
D'Andre Jones
Council Member
Scott Berna
Council Member
Ordinance Review Committee
Meeting Agenda
Wednesday 5:00 p.m. on April 5, 2023
City Hall Room 326
1. Quorum Established and Call to Order
2. Approval of March 15, 2023 Meeting Minutes (attached)
3. Old Business
Sarah Moore
Council Member
Holly Hertzberg
Council Member
• Discussion of Use Unit 2, Campgrounds definitions and use conditions.
4. Any new business
5. Adjournment
113 W. Mountain Fayetteville AR 72701 (479) 575-8313 www.fUetteville-angov
CITY OF
FAYETTEVILLE
ARKANSAS
MINUTES
Ordinance Review Committee Meeting
Wednesday, March 15, 2023
Hybrid — Room 326 and Zoom
Note: These minutes are a summary of the proceedings and do not constitute a full record. Video recording of the
meeting may be seen in the City's video archives at https://www.fayetteville-ar.gov/3947/Public-Meetings-Agendas-
Minutes-and-Vide
1. The Ordinance Review Committee met in person in City Hall Room 326. Council Members
Berna, Hertzberg and Moore were present in person. Council Member Jones joined by Zoom
after roll call.
2. The Committee voted unanimously to approve the minutes from the March 1, 2023 meeting.
3. Old Business: The only item of old business on the Committee's agenda was the discussion on
Use Unit 2: Campgrounds in the Unified Development Code, including definitions and use
conditions.
The committee agreed to allow public comment after a brief introduction of the issue. Public
comment was limited to two minutes per person.
Jonathan Curth provided an update on the items the committee asked staff to look. This
included how other cities around the country define campgrounds and ordinances regulating
camping that have been adopted. Curth presented two proposals drafted by staff.
Staff Proposal 1 (Recommended by staff): Formalize the definition of campground and camping
as a land use and activity. Amend the UDC to include use conditions as a conditional use
requiring owner consent, responsible party/agent, adequate sanitation (including water and
restrooms), setbacks, trash collection, lighting, access, storage, etc. This proposal did not
include a maximum number because different campgrounds can be of different scales. All would
go through the conditional use process.
Staff Proposal 2: Separate from or in addition to Proposal 1. Allow by -right, small scale tent and
vehicle camping on property owned by religious organizations and non -profits (up to three
families) or on any property city-wide (limited to 1 family). The use conditions would be similar to
the Staff Proposal 1 conditions.
Additional considerations for the staff proposals: length of stay, public input, impacts on public
resources (especially emergency services).
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Jonathan confirmed that New Beginnings is the only campground for unsheltered individuals
that has a conditional use permit.
Council Member Jones asked Captain Brad Renfro about the statistics for emergency calls at
New Beginnings. There were 7 calls for service in 2021; 30 in 2022; 8 to date. There were 77
calls last year at the Tiffany property.
Council Member Moore stated that we have recognized that we are in a housing crisis. She
recognized the property rights of property owners city-wide and the needs of the unhoused.
Council Member Jones visited the Tiffany property last week and had concerns. He said that the
issue of the unhoused needs to be addressed but the concerns of neighbors are legitimate and
should also be addressed.
Council Member Berna acknowledged the housing crisis in NWA but stated that letting people
camp in backyards is not the answer. Stated that the overwhelming majority of people would
look at the situation at the Tiffany property and say that it is unacceptable. It is a violation of the
rules.
Council Member Moore said that there is a consensus that rules and standards should be put
into place. The question is how the issue of homelessness can be addressed in recognizing
property owners' rights.
Council Member Berna stated a preference for Proposal 1
Council Member Jones stated that he wanted to hear from Mr. Tiffany about his feelings on
Proposal 1.
Council Member Berna asked if it would be appropriate to include limitations on camping on city
property.
City Attorney Kit Williams told the committee that they are here to formulate ordinances and not
just approve proposals recommended by staff. He also told the committee that cities on the
West Coast are in a very different position because of court rulings that apply only to the 9th
Circuit. He urged the committee to consider every detail that would be adopted as part of a
recommendation to the City Council. He recommended not getting into the issue of camping on
city property. He stated that the International Municipal Lawyers Association is looking for an
appropriate case in the 9th Circuit to appeal to the Supreme Court.
Council Member Moore stated a preference for defining camping in a way that provides
regulations but does not require a conditional use permit.
Chair Hertzberg asked if the New Beginnings project or other campgrounds contained
conditions that aren't in the staff proposal. Jonathan stated that some projects are going to
require different conditions. Chair Hertzberg said that adding strict regulations to the code does
not make sense but providing general regulations and having campgrounds go through the
conditional use permit process would address any additional conditions.
Chair Hertzberg opened the floor to public comment. She stated that the next meeting would be
a work session without public comment.
Richard Tiffany said he believes it is a misrepresentation to call his situation high crime. He
stated that somebody regularly calls to harass an ex and that maybe half of the calls are from
one person. He stated that the people staying on his property do not have a door to lock. From
2
2018-2020, 11 arrests. 1 was a tenant, 1 was a resident, and 9 were other visitors. Several were
minor things like failure to appear and some disorderly conduct. He states the cemetery is
intentionally flooding his property.
Janie Lang, chairwoman for the National Cemetery Advisory Council, said her son is buried at
the National Cemetery. She has been harassed and others have been harassed. Said it is not
camping; it is a homeless encampment. The National Cemetery is not after his land. The federal
government does not purchase land for cemeteries and any land must be donated. She stated
that there has been trash and it is appalling that the city has let this continue.
Martin Michna, a Fayetteville resident who works with Arkansas Veterans Village, spoke. He
was at the cemetery on Sunday and heard cursing and yelling from the Tiffany property. He
heard somebody ask "Where do I go to the bathroom?" and a lady yelled "Go pee in the Ping
yard."
Denise Youngblood owns property next to the Tiffany property. She sees crime and trash. They
have had motorcycles, bicycles, and scooters stolen. Four people have threated her. Last night
a person was screaming that somebody was killing her. She witnessed people beating each
other. Says they would be better camping in the woods. People use the bathroom in the yard
and if they want to use the indoor bathroom they have to pay to get a key. States that her right
to peacefully exist has been harmed.
Lauren McCloy asked how many people besides Mr. Tiffany are asking for a change in the
ordinance to allow this activity. She says it sounds like an escape from accountability. She took
pictures with a drone from her property and heard people threatening to shoot down the drone.
She asked if the ordinance changes, what is the accountability and who do they call? She said
the situation is negatively impacting not only the neighbors but also the homeless who are
staying at the Tiffany property.
Mary Tischner has worked with the homeless and volunteers. She said there are not sufficient
overnight shelters. There are not enough rehab facilities for drug abuse. She stated Mr. Tiffany
does not have church funding or City support and cannot be what is offered at 7hills. She is not
aware of the conditions of the property because she has not been there.
Kathy Kisida, who visited the property last week, spoke. She said she has never seen so much
trash and litter piled up against the fence and in other areas of the property. She said there is no
way a homeless person can heal in a place like that. She said one camper told her that to use
the bathroom in the house you have to pay a fee. She just wants to see the property cleaned up
and wants accountability. She wants the conditional use permit requirement to remain. The
house is dilapidated and rundown; no screens, broken windows, people living on the porch,
dead cars in the yard. She said the Tiffanys could apply for the conditional use permit and do it
the right way.
Gladys Tiffany wanted the committee to know that her husband has a deep and caring heart.
She said the idea of kicking people off the property is abhorrent. She said the fee for the
bathroom is not true. She said many things need to be done to make homelessness work at that
property. They need help with trash cleanup. She said anytime it rains, the property floods and
people's belongings have to be discarded. As people clean up the mess, the piles of trash get
larger. She says they are willing to work with the city on what needs to be done including
guidelines that actually work for the situation.
Steve Real, retired military police combat veteran, knows 12 people who are buried in the
cemetery. The noises, sounds and vulgar language are disgraceful. He is concerned about
safety of the tenants, whether the property is up to code, broken windows, access to running
water, are the cars licensed/insured? It is a cesspool fostering violence, drug use, and
prostitution. He said he met the Secretary of Veterans Affairs who saw the conditions of the
Tiffany property.
Hayden will be moving to the property next door soon. She is afraid to go there and says she
cannot bring friends there because people at the Tiffany property are doing illegal things and
cussing. She said there is violence there.
Billy works with low and middle income people facing homelessness. He asked if social workers
have been out to the property to provide resources to break the cycle of homelessness, abuse
and drug issues.
Anton McBride works at the cemetery, but stated he was not speaking officially for the
cemetery. He addressed the flooding issue. He said that properties flood the cemetery and
stormwater drainage is not intentionally sent to the Tiffany property. They have had interruptions
in cemetery activities and services because of disruptions from the Tiffany property. He stated
that it does affect the cemetery.
Council Member Jones said he has gone to the property and spoken with Mr. Tiffany and
residents numerous times. He said that nobody had an issue with homeless people being on the
property. He heard that there need to be more services provided there. He said he believes the
conversation is around establishing conditions. He said the City Council has a responsibility to
ensure there are conditions to protect everyone. He wants to ensure Mr. Tiffany can utilize the
services available from the city.
Council Member Berna pointed to pictures provided by Mr. Tiffany that show stormwater
draining into the cemetery not out of the cemetery. He said that the public comment reinforced
his belief that the conditional use permit is absolutely necessary. It adds a layer of protection
and definition that is a must.
Chair Hertzberg asked Jonathan Curth about Proposal 1. She asked if it would it be a hassle to
get written authorization? Jonathan stated that written consent by the owner or agent is required
for the conditional use permit. She asked if there were other cities with setback or spacing
requirements. Jonathan responded in the affirmative and said that it is common to have
setbacks along property lines for safety purposes.
City Attorney Kit Williams announced that Mr. Tiffany has refused to apply for a conditional use
permit so the City Prosecutor has filed a case against him for refusal to comply with city
ordinances.
Marianne Hill brought up concerns about the Tiffany property and stated that the cemetery
property should be sacred.
Shannon Warren lives off of Double Springs Road and says a campground like that would not
be allowed in her neighborhood. She said she believes Mr. Tiffany should be responsible for
taking care of his property and not the City. She asked why the City is letting this happen to
veterans and their families. She said if there are veterans on the property they should reach out
to her organization, Arkansas Veterans Village, for help.
The committee discussed the definition of storage.
Council Member Berna stated that Proposal 1 is a good starting point and that some conditions
may need to be added to it.
4
The committee discussed the definition of campground and camping. Council Member Moore
stated that she preferred Denver's definition of "camp" and stated that Denver has put city
resources toward the unsheltered. She is concerned about whether the definition would require
somebody's child camping in their backyard to get a CUP.
The committee then discussed potential conditions. Jonathan Curth read some of the conditions
associated with the New Beginnings project. New Beginning also operates under a governance
document that was incorporated into the conditions.
Chair Hertzberg asked if the committee wanted to discuss Proposal 2. Council Member Moore
is still a proponent of allowing some camping by right. Council Member Berna says he wants to
keep the CUP process in place. Chair Hertzberg said she did not feel comfortable with the part
of the proposal to allow up to three per parking lot/parcel for nonprofits and religious
organizations but liked the second part of the proposal to allow one family to camp on
residentially zoned property by right. Council Member Moore advocated for setting parameters
to allow people to stay certain places by right. Chair Hertzberg said if the City allows a single
family on residentially zoned property the definitions and conditions need to be tightened up.
Council Member Berna believes removing the conditional use permit requirement is a mistake.
Council Member Jones stated that he also believes we should keep the conditional use permit.
The committee discussed the next steps. The committee asked the City Attorney's office and
planners to work on Proposal 1. Chair Hertzberg asked if the definition of family for Proposal 2
could be tightened up.
Jonathan Curth summarized that the committee wants to revisit the definition of campground,
with an eye to the Medford, Oregon and Denver ordinances; possible language as to limited
camping by right with an eye to property owner's rights; and adding conditions about
flood ing/floodplain and an evaluation on standards of duration.
4. New Business: None
5. The committee agreed to meet again April 5 at 5:00 pm. Chair Hertzberg announced that public
comment will not be allowed as this will be a committee working session.
6. There being no new business for the committee to consider, Chair Hertzberg adjourned the
meeting around 7:20 pm.
DEPARTMENTAL
OFFICE OF THE
CITY ATTORNEY
TO: Ordinance Review Committee
CC: Jonathan Curth, Development Services Director
FROM: Blake Pennington, Assistant City Attorney
DATE: April 5, 2023
RE: Proposed UDC Amendments for Camping and Campgrounds
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
I have worked with Jonathan Curth to finalize the proposed draft language
included in your agenda packet. Based on the request of the committee at the end
of the last meeting, the draft covers three major topics:
1. Definitions of campground and camping, which would exempt from
regulation napping, picnicking, and an owner or tenant camping in their
own backyard.
2. Conditions for campgrounds to operate only upon approval of a
conditional use permit.
a. Seven required minimum conditions are proposed. These are
focused on property owner responsibility, health and safety, and
protection of neighbors through setbacks.
b. Seven non -required but recommended factors for Planning
Commission (or City Council, on appeal) to consider are also
proposed. These include limits on duration of the permit or duration
of stays; conditions specific to the property under consideration,
additional separation and screening, occupancy, campfires, noise,
and storage provisions which will likely vary from property to
property.
3. We have also included some draft language under Proposal 2 for limited
temporary camping by right that could allow one family (as defined in the
UDC) to camp on a residential property without going through the
conditional use permit process. The attached draft would allow either a
tent in the back yard or a vehicle in the driveway of a property containing
a permanent residential dwelling. Like Proposal 1, this proposal includes
requirements focusing on property owner responsibility, health and safety,
and the protection of neighbors. If the Committee decides to move forward
with this, I would recommend more discussion on the types of camping
that would be allowed in (A) and the length of stay provision found at
(B)(7)•
The Committee has two options:
I. You can decide not to take any action and staff will continue administering
the campground regulations as they have for several years.
2. You can forward proposed regulations to the full City Council with a
recommendation of approval. This can include some or all of the
regulations in your agenda packet and you can also make amendments to
the draft before making your recommendation. Any recommendation to
the full City Council will require a simple majority to pass.
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF APRIL 5, 2023
CITY COUNCIL MEMO
TO: Fayetteville City Council Ordinance Review Committee
FROM: Jonathan Curth, Development Services Director
DATE: April 4, 2023
SUBJECT: Consideration of UDC 162.01(B) Use Unit 2 — City-wide Uses by Conditional
Use Permit and Providing for a Definition of "Campground" in the UDC.
BACKGROUND:
Following two meetings on the topic, City Council's Ordinance Review Committee is discussing
campground definitions, appropriate use conditions for campgrounds, and allowances for
camping of varying scale. The topic was initiated by a resident, petitioning consideration for an
ordinance change to allow campgrounds citywide if not operated as a business where goods or
services are exchanged for money, including donations (attached). At the Committee's request,
staff reviewed other municipalities' approaches to camping and campgrounds. The product of this
includes a framework to formalize and adopt a campground definition and appropriate conditions
under which an applicant can request a conditional use permit. Additionally, proposed language
was drafted for a temporary camping and parking program to allow small-scale, by -right camping.
DISCUSSION:
Regarding formalization the definition of a campground, Committee Members requested a draft
ordinance that included elements proposed on March 15th with additions or revisions from the
Committee. Committee comments included:
• Preference for a simpler, more clear-cut definition or definitions.
• Exemption for property owners using their own property for camping.
• Additional language regarding appropriate campground locations.
Accordingly, staff refined the proposal as follows:
Title XV, Unified Development Code
Chapter 151, Definitions
Campground: Private or public property for camping purposes.
Camping: To reside or dwell temporarily in a place, with shelter, including one or more of
the specified activities:
A. Erecting any tent, tarpaulin, shelter, or other structure or temporary
structure that would permit one to sleep overnight;
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
B. Using a vehicle for the purpose of sleeping, including but not limited to all
types of recreational vehicles.
Camping shall not include incidental napping, picnicking, or personal use by the
owner or tenant of a permanent residential dwelling.
Chapter 163. Use Conditions
§163.XX Campgrounds
A. Campgrounds may be permitted citywide as a conditional use subject to the following
minimum conditions:
1. Consent. The owner of the property shall provide written consent.
2. Contact. The owner of the property shall ensure current contact information is
provided to the City for the owner or a responsible party.
3. Owner or agent accessibility. The property owner shall ensure that they or a
designated agent are available at all times the property is being used for camping,
including nights and weekends, in order to facilitate compliance with this section.
For the purposes of these regulations, "availability" means that the owner or agent
is accessible by telephone, and, able to be physically present at the short-term
rental within one hour of being contacted.
4. Sanitation. Provisions shall be made to ensure any person camping on the
property has access to sanitary facilities, including restroom and potable water.
5. Waste. The owner of the property shall ensure the provision of adequate garbage
services such that no accumulation of solid waste occurs.
6. Setbacks. The owner shall ensure that any facilities, tents, or vehicles used for
camping comply with the setback requirements of the applicable zoning district.
7. Access by the City. The City shall be authorized to enter the property to ensure
compliance with the City's ordinances and any conditions of approval.
B. In addition to the factors set forth in § 163.02(C)(3), campgrounds are further subject to
approval, denial, or additional conditions based on the Planning Commission's findings on
the following factors:
1. Duration. Where appropriate, conditions may be applied limiting the duration of the
conditional use permit or the duration of stay by campground users;
2. Natural Hazards. Potential natural hazards, including flooding and slopes, shall be
considered in siting of camping areas and may be a factor for denial of a conditional
use permit;
3. Separation and Screening. The Planning Commission may require greater
separation from adjacent properties than the minimum setbacks applicable to the
zoning district. The Planning Commission may also require screening.
4. Occupancy Limits. The Planning Commission should consider limits on the number
of occupants on the property with consideration for factors including, but not limited
to, the acreage of the property, the proximity of adjacent structures, and the
capacity of utilities available on site.
5. Campfires. Where appropriate, conditions may be applied limiting campfires or
other open burning, with review and approval by the Fire Marshal.
6. Noise. The Planning Commission may apply conditions limiting noise emissions
from the campground.
7. Storage. Where appropriate, conditions may be applied to ensure that any person
camping on the property has access to securable storage for personal items.
The second proposal, for a citywide, by -right temporary camping and parking program, received
a more reserved response from the Committee, particularly regarding an allowance for up to three
vehicles or tents to be placed on properties owned by religious institutions and nonprofit
organizations. Concerns were expressed about additional issues, like fencing and screening, the
length of a stay, and what constitutes a family or its size. Comment was also made about the
potential for a property owner with multiple parcels, whether contiguous or disparate, to allow
temporary camping on each parcel, even if they are developed as a whole. While the Committee
appeared divided in their opinion on the appropriateness of a temporary camping and parking
program, a draft ordinance is attached for consideration.
Title XV, Unified Development Code
Chapter 164.XX, Proposed Temporary Camping and Parking Program
A. Up to one family, as defined in § 151.01, may use residentially -zoned property developed
with an occupied dwelling, with further authorization from the property owner and any
tenants of the property, for camping by either:
1. Using a tent to camp in the back yard of the residence; or
2. Using a single motor vehicle parked in the driveway of the dwelling, subject to
§172.11, Driveway and Parking Standards for Four (4) Parking Spaces or Less.
B. A property owner or tenant of a permanent residential dwelling that authorizes any family
or person to camp on a property shall ensure:
1. Consent of the owner of the property;
2. Occupation of the property by its owner and registration with the City of contact
information of the party responsible for activity on the property;
3. Provision of sanitary facilities, including access to restroom and potable water;
4. Provision of garbage services such that no accumulation of solid waste occurs;
5. Provision of storage for campers to store personal items such that items are not
visible from a public street. Owners remain responsible for maintaining their
property so that it does not create an unsightly or unsanitary condition as defined
in §95.01;
6. Tents, shelters, or other camping shelters shall be more than five feet from any
property line;
7. Length of stay shall not exceed 30 days; and
8. Not require or accept payment of any monetary charge nor performance of any
valuable services in exchange for providing authorization to camp on the property,
provided that nothing in this section will prohibit the property owner from requiring
campers to perform services necessary to maintain safe, sanitary, and habitable
conditions at the campground.
Attachments:
• Resident Proposal (Received via Councilmember Hertzberg)
Unit 2. City -Wide Uses by Conditional Use Permit.
(1) Description. Unit 2 consists of uses which may be conducted anywhere in the territorial
jurisdiction, but which can be objectionable to nearby uses and are therefore permitted
subject to conditional use permits in all districts.
Unit 2 City Wide Uses by Conditional Use Permit (2) Included Uses, applies only to business
use, with a business being where goods or services are provided in exchange for money,
either as an amount charged or by request for donations.
(2) Included Uses.
EXPAND
Public and private facilities: I • Airport, flying fields and heliport
• Bed and breakfast facilities*
• Campground
• Community Recycling Drop-off Facility
4
• Landscape contracting business
• Plant nursery
• RV sewage disposal facility
• Solid waste disposal facility
• Water recreation area
Temporary facilities: I • Carnival, circus, and tent revival*
• Commercial facilities
• Real estate sales office (located at a specific location in an underdeveloped
subdivision and operated for the purpose of developing said subdivision)
• School and church facility
D'Andre Jones
Council Member
Scott Berna
Council Member
Ordinance Review Committee
Meeting Agenda
Wednesday 5:00 p.m. on March 15, 2023
City Hall Room 326
1. Quorum Established and Call to Order
2. Approval of March 1, 2023 Meeting Minutes (attached)
3. Old Business
Sarah Moore
Council Member
Holly Hertzberg
Council Member
• Discussion of Use Unit 2, Campgrounds definitions and use conditions.
4. Any new business
5. Adjournment
113 W. Mountain Fayetteville AR 72701 (479) 575-8313 www.fayetteville-ar.gov
CITY OF
FAYETTEVILLE
ARKANSAS
MINUTES
Ordinance Review Committee Meeting
Wednesday, March 1, 2023
Hybrid — Room 326 and Zoom
1. The Ordinance Review Committee met in person in City Hall Room 326. Council Members
Berna, Hertzberg and Moore were present in person. Council Member Jones joined the meeting
after roll call. Council Member Turk was present to participate in the discussion. After a quorum
was established, the Committee nominated and unanimously elected Council Member
Hertzberg as the Chair for 2023.
2. The Committee voted unanimously to approve the minutes from the November 16, 2022
meeting.
3. The only item of old business on the Committee's agenda was the City's short term rental (STR)
regulations.
Chair Hertzberg suggested holding off on discussing this until we know how the State legislature
is going to deal with the issue.
Chair Hertzberg opened the floor for public comment. Charles Watson, 11 E. Davidson St., has
an STR on Buchanan. He discussed an issue with light trespass from a neighbor's STR and
said the Code Compliance Division said Chapter 176 does not apply to STRs that are in single
family or two-family units. Thomas Brown, 333 N. Gregg, said he is interested in the attainable
housing goal of the city and that STRs have an impact on that. Richard Tiffany said that STRs
have an impact on the homeless population by taking long term housing out of the market and
raising rent.
After public comment closed, the Committee took no further action.
4. New Business: Chair Hertzberg opened a discussion on Use Unit 2: Campgrounds in the
Unified Development Code, including definitions and use conditions, which was an issue
brought to her by Richard Tiffany.
Chair Hertzberg recognized Development Services Director Jonathan Curth who gave a
presentation on the issues related to property owned by Richard and Gladys Tiffany on Lt. Col.
Leroy Pond Drive. Curth sent a memo dated February 27, 2023, to the Committee, which is
attached to the agenda for this meeting. He also provided a summary of comments from the
February 23, 2023 Long Range Planning Committee meeting.
Chair Hertzberg then recognized Richard Tiffany to speak for 10 minutes. Mr. Tiffany
commented that the property is zoned RMF-24 so he could tear down the house and construct 6
apartments in its place. He says the problem is that there are people who don't want homeless
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
people in their neighborhood. Says all of the complaints, apart from the fire issue, were from
visitors to the cemetery. Another neighbor had filed complaints which were resolved with Code
Compliance. Now that neighbor calls Mr. Tiffany directly. He says there are women who have
been at the property for more than a year because it is the safest place in town for them. Being
able to provide that kind of service for the homeless community is something the City Council
should work on. Said if others opened their homes, he might only have one or two campers like
in the 9 years before COVID. Believes the intent of the use unit regulation is to regulate
businesses, not something like his operation.
Council Member Jones asked if a representative of the police department was available to
discuss emergency service calls to the property.
Captain Brad Renfro spoke about the calls to emergency services. He presented statistics from
January 1, 2013 through February 8, 2023 showing there were 325 police calls, 148 fire calls.
473 calls total. 20% were officer initiated. In 2021, 27 disturbances, 9 in 2022, and 5 so far in
2023. There was a stabbing incident in July 2022. At the duplex to the north over the same
period, there were 48 calls for police services and 2 for fire. Captain Renfro said the last call for
service was a harassment call on February 24, 2023.
Mr. Tiffany said that a lot of the calls were related to an ex -boyfriend of one of the residents who
called multiple times.
Council Member Berna applauded Mr. Tiffany for his willingness to help. Said his concern as a
funeral director is they worry what is going to happen at the National Cemetery when they have
funeral services there or when people are coming to pay their respects to their loved ones'
grave sites. Finds it difficult to see how amending the ordinance in the way Mr. Tiffany proposes
will fix the larger issues. Believes changing the definition is not something that is advisable.
Council Member Jones asked Mr. Tiffany if we decided not to change the definition what would
be the impact on the individuals camping at his house. Mr. Tiffany says they will have to find
somewhere else to go. He says many of them would move to the sidewalk in front of the
Planning office. At that point he said it would be the City's responsibility to clean up the trash,
etc.
Council Member Jones asked about the size of the property and how many people are there.
Mr. Tiffany said it started with one person who moved into the front apartment, and that person
asked to let a homeless person sleep on the front porch. For 8 or 9 years there was usually
somebody on the front porch. For most of the last year and a half it has been in the range of 10-
12 people. He said the cemetery has been a poor neighbor because their mowers would blow
pieces of plastic flowers into his property. There are shots fired and loud music from funeral
ceremonies. Acknowledged that there has been some loud music from the property. The
cemetery recontoured its property which has pushed water into his property. Said they care
about dead veterans but not live ones.
Council Member Jones asked Mr. Tiffany how often he goes to the property to monitor. Mr.
Tiffany said a minimum of 2 days a week but sometimes 5 or 6 times a week. Most of the time
the person living in the front apartment takes care of the issues. He said he has only had to call
the police one time to report a woman who was claiming to be the property manager.
Council Member Turk said there is a larger issue — on the Town Branch loop she counted 37
tents and 2 were directly on the trail. Parks staff were taking care of those folks. She wants the
Committee and the City Council to think about it in the larger context.
2
Council Member Berna asked Jonathan about the effect of making the change proposed by Mr.
Tiffany. Jonathan said based on the number of calls for services at Mr. Tiffany's property, which
is well managed, that the numbers of calls could be exponentially more at other properties that
are not well managed. He says there are other potential unintended consequences for the other
uses listed within Use Unit 2.
Mr. Tiffany said Occupy Wall Street came to the City and camped at the Town Center for
months.
Council Member Moore said that we are in a housing crisis. Where is an appropriate place for
these individuals to go? The City Council has discussed how to solve the affordable housing
crisis. Agreed with Richard that he should not have to seek a conditional use permit and that it is
a property owner's rights issue. There should be some reasonable regulations. Our shelters do
not have adequate housing for these individuals and non-profit organizations are not able to
help them all.
Chair Hertzberg acknowledged that Mr. Tiffany is trying to help the community. She was
concerned about the numbers of calls for emergency services. Wants to balance the rights of
homeless individuals and the rights of neighbors and those at the cemetery.
Council Member Jones said he has been receiving calls from neighbors and other individuals
with concerns and wants to strike a balance between providing a safe place for homeless
individuals and making sure neighbors are not exposed to unsafe situations.
Council Member Berna talked about a call he received from the father of a UA student who lives
next to the trail. A homeless encampment is nearby. This week there were four attempts by
homeless individuals to enter her apartment, one who had his pants down. Said that we have to
acknowledge there's a balance. At what point do we say we look out for the law-abiding
citizens? There have to be some parameters that we operate under.
Mr. Tiffany said that his proposal is to just go back to the policy before October. Jonathan Curth
said there is no definition of campground. New Beginnings was required to obtain a CUP as a
campground and there was no change in October. Mr. Tiffany's
Chair Hertzberg opened the floor for public comment.
Gladys Tiffany spoke about the need for a master plan to deal with homelessness. The problem
is so big it's difficult for cities to deal with it. She mentioned a homeless community outside of
Austin that started as a community of 300 tiny homes and RVs to 500. Little Rock is thinking
about setting up a village based on the Austin model.
Council Member Moore said the Austin model is called Community First Village and will pass
along more information as she receives it.
Jimm Garlock, a member of the Planning Commission, said this is also a mental health and job
issue. We need to provide a long term, holistic approach including health care. Is against the
conditional use permit and said that could lead to unintended consequences across the city.
Thomas Brown said that when the City jumps into the discussion on the attainable housing goal,
workforce and low-income housing as well as homelessness should be discussed. Goals and a
strategy should be discussed.
Kathy Kisida lives down the street from the Tiffany property. She said if she had known about
the meeting more neighbors would have shown up. Her concern is the crime on the Tiffany
property. She drives by the property and sees exchanges of items at the house. She has heard
that the neighbor next door has been unable to rent her duplex because of the conditions. She
has seen yelling at the apartment residents, racism, bigotry. There are dead cars and dirty
conditions. There's a constant smell of sewage from the property.
Chair Hertzberg brought it back to the Committee for discussion.
Council Member Berna has dealt with a family member dealing with mental health issues.
Recognizes there a lot of mental health issues in the homeless community. Until the federal
government incentivizes the health care industry to address mental health it won't be addressed
because of lack of funding. If a change is made to the definition, it shouldn't be opened up too
much.
Council Member Jones said we have to strike a balance. Have to take into consideration what
the neighbors are saying and their safety. Doesn't want a situation in which somebody gets hurt.
Something needs to be in place to ensure safety for everyone.
Council Member Moore thought additional feedback from the Planning Commission.
Chair Hertzberg asked if the Committee wants to send something to the full City Council
recommending looking at a change to the campground definition.
Council Member Jones moved to forward a recommendation to the City Council to make
changes to the definition of campground.
Council Member Moore thought it was premature to send it to the full City Council and said that
the committee should make more specific recommendations.
Chair Hertzberg suggested recommending either changing the definition or continuing to require
the conditional use permit.
Chair Hertzberg suggested considering other options besides changing the definition or
requiring the conditional use permit before the next Ordinance Review Committee meeting.
Jonathan Curth said staff can provide a memo with several possible definitions that have been
adopted by other municipalities, some potential conditions, and also the potential ramifications
of going either direction.
5. The Committee did not take action on this item but agreed to meet again on March 15 at 5:00
pm to continue the discussion.
6. There being no new business for the committee to consider, Chair Hertzberg adjourned the
meeting around 6:40 pm.
4
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 15, 2023
CITY COUNCIL MEMO
TO: Fayetteville City Council Ordinance Review Committee
FROM: Jonathan Curth, Development Services Director
Britin Bostick, Long -Range Planning & Special Projects Manager
DATE: March 13, 2023
SUBJECT: Consideration of UDC 162.01(B) Use Unit 2 — City-wide Uses by Conditional
Use Permit and Providing for a Definition of "Campground" in the UDC.
BACKGROUND:
At their March 1, 2023 meeting, the City Council's Ordinance Review Committee heard from City
staff, a resident petitioner, and members of the public regarding campgrounds. With the origin of
the discussion being a City -issued violation letter to Richard and Gladys Tiffany for use of their
rental property as an unsanctioned campground, Mr. Tiffany proposed to amend ordinance to
allow campgrounds without a conditional use permit where there is no exchange of money or
services.
In response, the Committee discussed concern for housing citywide, the volume of emergency
calls that Police Department Captain Renfro summarized for the Tiffany property (approx. 480
over ten years), a need for baseline safety and hygiene standards, and the importance of
considering nearby residents and property owners. Additionally, while acknowledging that one
property served as the source of the discussion and proposal, committee members acknowledged
that the topic at -hand is not understood to resolve homelessness, but instead represent the
potential to sanction non-commercial campgrounds citywide. In concluding the discussion,
committee members requested staff investigate other municipalities or peer cities for potential
definitions of "camp", "camping", or "campground".
DISCUSSION:
As several committee members noted at their March 1st meeting, municipalities nationwide are
experiencing increased numbers of unhoused community members. In reviewing municipalities
of similar population (-100,000) and similar character (college town), along with municipalities in
differing jurisdictional geographies but with more recent case law examples regarding camping,
staff identified numerous definitions (see attached). Municipalities generally fall into two
categories: those that address camping from a recreational standpoint and those that have drafted
ordinances with clear distinction between those camping by choice and those out of need. Among
the municipalities that consider camping broadly, it is often written in sections of code addressing
criminal activity, apparently as an expedient to address asserted nuisance.
In considering and evaluating best practices and the standards adopted by other municipalities,
staff has drafted two proposals. The first establishes a Unified Development Code (UDC)
definition of "camping" and "campground" as an activity and land use respectively. To supplement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
this, staff further proposes use conditions that will form the basis for evaluating a proposal for a
campground. Combined, these definitions and use conditions will then be applied in response to
a conditional use permit application for a campground under Use Unit 2, Citywide Uses by
Conditional Use Permit. Additionally, this proposal will formalize the current interpretation under
which staff is operating (attached).
Proposed Definition(s)
Campground: The use of private or public property for camping purposes.
Camping: To pitch, erect, create, use, or occupy camp facilities for habitation, as
evidenced by the use of camp paraphernalia, including but not limited to the
following:
A. Erecting any tent, tarpaulin, shelter, or other structure or temporary
structure that would permit one to sleep overnight;
B. Using a vehicle for the purpose of sleeping, including but not limited to all
types of recreational vehicles.
Camping shall not include incidental napping or picnicking.
Proposed Use Conditions
Camping shall not be permitted on private property where it is conducted in such a
manner as to create inadequate sanitation or a public or private nuisance. The
following general requirements shall apply to campgrounds:
A. Consent of the owner of the property;
B. Either occupation of the property by its owner or registration with the City of
contact information of a responsible party that can respond within one hour for
activity on the property;
C. Provision of sanitary facilities, including restroom and potable water;
D. Provision of garbage services such that no accumulation of solid waste occurs;
E. Provision of storage for campers to store personal items such that items are
not visible from a public street; and
F. Tents, shelters, or other camping shelters shall be more than five feet from any
property line.
The second proposal assumes the intent to establish by -right camping citywide or in certain
locations and to certain scales. A temporary camping program of this nature is intended to allow
campers to locate near institutional services and on dispersed properties. Similar to staff's first
proposal, defining both "camping" and a "campground" is necessary to ensure consistent
application of ordinance and for the public's clarity. It is possible that both proposals could exist
in tandem, with small-scale camping permitted by -right and conditional use permit approval
necessary when the number of campers is larger.
Proposed Temporary Camping and Parking Program
With written authorization of the private property owner of a property, up to three total
motor vehicles or tents, in any combination, may be used for camping in any parcel or
parking lot on real property developed and owned by a religious institution, place of
worship, or nonprofit organization, regardless of the zoning designation of the property.
Up to one family may use residentially -zoned property developed with an occupied
dwelling, with further authorization from the property owner and tenants of the property,
for camping by either:
A. Using a tent to camp in the back yard of the residence; or
B. Using a single motor vehicle parked in the driveway of the dwelling, subject to
§172.11, Driveway and Parking Standards for Four (4) Parking Spaces or Less.
A property owner or organization that authorizes any person to camp on a property shall
ensure:
A. Consent of the owner of the property;
B. Either occupation of the property by its owner or registration with the City of contact
information of a responsible party for activity on the property;
C. Provision of sanitary facilities, including restroom and potable water;
D. Provision of garbage services such that no accumulation of solid waste occurs;
E. Provision of storage for campers to store personal items such that items are not
visible from a public street;
F. Tents, shelters, or other camping shelters shall be more than five feet from any
property line;
G. Not require or accept payment of any monetary charge nor performance of any
valuable services in exchange for providing authorization to camp on the property,
provided that nothing in this section will prohibit the property owner from requiring
campers to perform services necessary to maintain safe, sanitary, and habitable
conditions at the campsite.
In closing, it is staff's current position that it serves the overall public interest to maintain some
level of review for campgrounds of both recreational and non -recreational purposes. Without
assurance of responsibility, hygiene, and safety, camping for any purpose can pose a hazard and
nuisance to property owners, campers, and neighbors.
Attachments:
Researched Camping/Campground Definitions
Current Use Unit 2 Interpretation - Campground
Camping/Campground Definitions
Formal/Recreational :
• Campground: Temporary or permanent buildings, tents, or other structures established
or maintained as a temporary living quarter, operated continuously for a period of five days
or more for recreation, religious, education, or vacation purposes. (Cascade Charter
Township, MI.)
• Any area that is occupied or intended or designed or improved for occupancy by transients
using recreational vehicles, motor homes, or mobile trailers for dwelling, lodging, or
sleeping purposes and is held out as such to the public. Campsite does not include any
manufactured housing community. (Imperial Beach, CA)
• A lot in single ownership that has been developed or is intended to be developed for
occupancy by tents and all types of recreational vehicles, including tent trailers, for
transient dwelling purposes. (Loveland, CO)
• An area to be used for transient occupancy by camping in tents, camp trailers, travel
trailers, motor homes, or similar movable or temporary sleeping quarters of any kind.
(Bayfield County, WI)
• Campground means any parcel or tract of land owned by a person, state or a local
government, which is designed, maintained, intended or used for the purpose of
providing sites for non -permanent overnight use by 4 or more camping units, or by one
to 3 camping units if the parcel or tract of 26 land is represented as a campground.
(Menomonie, WI)
• Any parcel or tract of land under the control of any person, organization, or governmental
entity ... wherein sites are offered for the use of the public or members of any organization
for the establishment of temporary living sites for two or more recreational vehicles or
camping units. (Indian Trail, NC)
General:
• Campground means an area on which accommodations for temporary occupancy,
such as tents or recreational vehicles, are located or may be placed for less than one
month, and which is primarily used for recreational purposes and retains an open air or
natural character. (Boulder, CO)
• "Camp" means to reside or dwell temporarily in a place, with shelter. (Denver, CO)
• "Campsite" means any place where any bedding, sleeping bag, or other material used
for bedding purposes, or any stove or fire is placed, established or maintained for the
purpose of maintaining a temporary place to live, whether or not such place incorporates
the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof.
(Eugene, OR)
• "Campsite" means any place where any bedding, sleeping bag, or other sleeping matter,
or any stove or fire is placed, established, or maintained, whether or not such place
incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or
part thereof. (Portland, OR)
• "Camping" means the use of any public or private property for living accommodation
purposes including but not limited to any of the following:
1. Erecting any tent, tarpaulin, shelter, or other structure that would permit one to sleep
overnight;
2. Using a recreational vehicle for the purposes of sleeping.
(Burlington, WA)
• "Campsite" means any place where any stove or fire is placed, established or
maintained for the purpose of maintaining a temporary place to live, or where the use of
any tent, lean-to, shack, or any other structure, or any vehicle or part thereof is placed,
established or maintained for the purpose of maintaining a temporary place to live.
(Medford, OR)
• "Campground" means an area within a public park designated for camping purposes.
• "Camping" means the use of public park for living accommodation purposes such as
sleeping activities, or making preparations to sleep (including the laying down of bedding
for the purpose of sleeping), or storing personal belongings, or making any fire, or using
any tents or shelter or other structure or vehicle for sleeping or doing any digging or
earth breaking or carrying on cooking activities. The above listed activities constitute
camping when it reasonably appears, in light of the circumstances, that the participants,
in conducting these activities, are in fact using the area as a living accommodation
regardless of the intent of the participants.
(Honolulu, HI)
• "Camp" or "Camping" means to pitch, create, erect, use, or occupy camp facilities, or to
use camp paraphernalia or both for the purposes of habitation, or in such a way as will
permit remaining overnight, or parking a trailer, camper, or other vehicle for the purpose
of remaining overnight. (Snohomish, WA)
• "Encampment" means one or more tent, structure, or assembly of camping equipment or
personal property located in an identifiable area, which appears to a reasonable person
to be being used for camping. An identifiable area includes areas where the tents or
structures are in plain sight of each other. (Seattle, WA)
• "Camp" or "camping" means to pitch, create, use, or occupy camp facilities for the
purposes of habitation, living accommodation, or dwelling, as evidenced by the storage
of personal belongings in "camp facilities" or the use of "camp paraphernalia."
• "Camp facilities" include, but are not limited to, tents, tarps configured for shelter, huts,
and temporary shelters.
• "Camp facilities" does not include shelters when used temporarily in a park for recreation
or play, consistent with [local ordinance reference], during hours when the park is open
to the public.
• "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping
bags, blankets, mattresses, hammocks, or non -city -designated cooking facilities and
similar equipment.
(Auburn, AL)
• "Camping" shall mean the use of land to conduct one or more specified activities when,
based upon such use, it reasonably appears in light of all the circumstances that the
participants, in conducting the specified activities, are using the area as a living
accommodation regardless of the intent of the participants or the nature of any other
activities in which they may be engaging. Camping shall not include residing in a
permanent structure that may be lawfully occupied as a permanent or temporary
residence.
"Specified activities" shall include:
(a) sleeping or making preparations to sleep such as laying down bedding.
(b) storing personal belongings including but not limited to clothing, sleeping
bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils,
cookware, and similar materials.
(c) making any fire for the purposes of warmth, or of cooking.
(d) erecting a tent, lean-to or other similar temporary structure.
(Lawrence, KS)
• Camp or camping means sleeping, making preparation to sleep (including the laying down
of bedding for the purpose of sleeping), and associated activities, including the storing of
personal belongings, making any fire, remaining at or near any tent or other shelter, doing
any digging or earth breaking or carrying on of cooking or other activities supportive
of camping or living accommodation purposes. (Asheville, NC)
• Camping shall mean to sleep or spend the night or reside or dwell temporarily in a natural
area, with or without bedding or other camping gear, and with or without shelter, or to
conduct activities of daily living, such as eating or sleeping, in such place. Camping shall
not include incidental napping or picnicking. (Fort Collins, CO)
Aft CITY OF
FAYETTEVILLE
ARKANSAS
TO: Whom It May Concern
City Planning Division File
FROM: Jessie Masters, Development Review Manager
DATE: October 7, 2022
STAFF MEMO
SUBJECT: Use Unit 2 — City-wide uses by conditional use permit (Campground)
BACKGROUND:
In recent months there have been complaints within a residentially -zoned neighborhood that people
have been sleeping in tents overnight and living on a piece of property for an extended period of time.
The City of Fayetteville does not currently have a codified definition of campground, though allows
them as a conditional use everywhere under Use Unit 2.
DETERMINATION:
Campgrounds are listed in the Unified Development Code under 162.01(B)(2) as Use Unit 2, City -
Wide Uses by Conditional Use Permit. Merriam Webster defines a campground as the following:
Campground (n): the area or place (such as a field or grove) used for a camp, for camping, or
for a camp meeting.
Further, Merriam Webster defines "camp" as the following:
Camp (n): a place usually away from urban areas where tents or simple buildings (such as
cabins) are erected for shelter or for temporary residence (as for laborers, prisoners, or
vacationers)
Relying upon a dictionary definition of campground in the absence of an alternative, staff interprets
from a land -use perspective that if a use becomes traffic -generating for the purpose of occupying the
property for the erection of tents or other temporary shelters, separate from or additional to the use of
another principal use, the property would be subject to the conditional use permit process.
For future reference, other municipalities do specifically define "campground." These references can
prove to be beneficial for research purposes when Fayetteville seeks to codify a more specific
definition.
• Campground: Temporary or permanent buildings, tents, or other structures established or
maintained as a temporary living quarter, operated continuously for a period of five days or
more for recreation, religious, education, or vacation purposes. (Cascade Charter Township,
Mich.)
• Campground: Any area that is occupied or intended or designed or improved for occupancy
by transients using recreational vehicles, motor homes, or mobile trailers, for dwelling, lodging,
or sleeping purposes, and is held out as such to the public. Campsite does not include any
Mailing Address: CITY PLANNING
113 W. Mountain Street www.fayetteville-ar.gav
Fayetteville, AR 72701
manufactured housing community. (Imperial Beach, Calif.)
• Campground: A lot in single ownership that has been developed or is intended to be developed
for occupancy by tents and all types of recreational vehicles, including tent trailers, for transient
dwelling purposes. (Loveland, Colo.)
• Campground: An area to be used for transient occupancy by camping in tents, camp trailers,
travel trailers, motor homes, or similar movable or temporary sleeping quarters of any kind.
(Bayfield County, Wisc.)
• Campground: Any parcel or tract of land under the control of any person, organization, or
governmental entity ... wherein sites are offered for the use of the public or members of any
organization for the establishment of temporary living sites for two or more recreational
vehicles or camping units. (Indian Trail, N.C.)
Smimps-
Davidson, Michael, and Fay Dolnick. A Planners Dictionary. American Planning Association, 2004.
Merriam -Webster. (n.d.). Campground. In Merriam-Webster.com dictionary. Retrieved September 30,
2022, from https://www.merriam-webster.com/dictionary/campground
Merriam -Webster. (n.d.). Camp. In Merriam-Webster.com dictionary. Retrieved September 30, 2022,
from https://www.merriam-webster.com/dictionary/camp
NORTI IWF-ST ARKAWOS
Democrat;()azeffe
RECEIVED
MAY 17 20-j
CIITTYOCLER SOFFICE
AFFIDAVIT OF PUBLICATION
I, Anna Hernandez, do solemnly swear that I. am the Accounting Legal Clerk of the Northwest Arkansas
Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so
related to this publication at and during the publication of the annexed legal advertisement
the matter of Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below,
and that during said periods and at said dates, said newspaper
was printed and had a bona fide circulation in said County;
that said newspaper had been regularly printed and published
in said County, and had a bona fide circulation therein for the
period of one month before the date of the first publication of
said advertisement; and that said advertisement was published
in the regular daily issues of said newspaper as stated below.
City of Fayetteville -Clerks Office
Ordinance 6659
Was inserted in the Regular Edition on:
May 6, 2023, 2023
Publication Charges: $288.60
EMl 1 /
for
Subscril}e'dY and sworn to before me "Y�4 BRASf,
This 6"da of 2023.
J a O; o�s1aaoy4
it �pTARy
Y 'n0
Notary Pub is
My Commission Expires: QC1.1 a7, Z (�
--NOTE** Please do not pay from Affidavit
Invoice will be sent.
Oramoue:6659
FkN—I, 20D-No
AMEND 4 UI IN AND 1611E
DEFINITIONS:
ANORDWA IRTOAMENogul.ol
DR,NTECNS AND ENACT 416112
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