TO: Mayor and Members of City Council
THRU: Kelly Olivera - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Planning Commission
David Steinmetz - Assistant Development Services Director
FROM: Chester Green - Senior Planner
James Rutherford - Housing & Code Enforcement Division
Manager
DATE: June 5, 2023
RE:
Title
TA23-019: Boarded Structures- Proposed Text Amendment to Chapter 14 of the City Code of Ordinances (City Council Request)
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal 2: Responsible City Government Supporting a Diverse and Viable Economy
• Objective 2.4 - Sustain a favorable development climate to encourage business growth
Goal 3: City Investment in Today and Tomorrow
• Objective 3.2 - Manage the City's future growth and strategic land use
Executive Summary:
The proposed text amendment below represents a suggested update to the City’s Code of Ordinances, Chapter 14, as proposed by the City Council and recommended by the City’s Planning Commission.
On February 21, 2023, the Planning Commission held a Legislative Public Hearing regarding this text amendment. The Commission voted to recommend approval.
On March 23, 2023, this text amendment was placed on the agenda for consideration by the City Council. The City Council asked that it return for their discussion at a Work Session. .
Background:
This amendment was requested by the City Council at their Work Session on February 6, 2023. While the Planning Staff was presenting its list of Seasonal Text Amendments, members of the Council brought up their concerns regarding the boarding of commercial buildings in Fayetteville. At their request, staff has put together a proposed code amendment to handle the boarding of commercial buildings in the same manner as residential structures.
Current city code addresses only residential buildings. Since 2015, Code Enforcement has managed 535 Boarded Building cases of which 39 remain open. Code Enforcement has identified 32 boarded commercial buildings in the city at this time.
Peer cities and Cumberland County were asked for information regarding registration of boarded buildings. Of the eleven peers, only two require registration of residential buildings and those two only permit the boarding to be in place for six months. A third peer city requires Code Administrator approval prior to boarding any building.
Issues/Analysis:
Proposed code amendment:
TA23-019: Boarding of Commercial Buildings, This amendment is to amend chapter 14, Article VI. by adding regulations governing the registration of residential and commercial boarded-up structures in order to prevent their detrimental effects in the city's neighborhoods.
The Code is proposed to be amended by changing the term “Residential Structure” to “Structure” throughout this section of the code. As well as amending the definition of Residential Structure to Structure in Article VI of Chapter 14. The new ordinance would regulate all structures as defined below:
“Structure - anything constructed or erected, the use of which requires location on the land, or attachment to or something having a permanent location on the land. The term "structure" shall be construed as if followed by the words, "or part thereof”.
The attached ordinance gives the recommended specific langue changes.
Budget Impact:
N/A
Options:
1) Direct Staff to move the proposed amendment through the process and present to City Council for approval. (Recommended);
2) Direct Staff to take no further action on the proposed amendment;
3) Remand the proposed text amendment to Staff for some specific policy issue to review and specific changes;
Recommended Action:
Professional Planning Staff recommend Option (1) Direct Staff to move the proposed amendment through the process and present to City Council for approval.
Attachments:
1. Draft Ordinance - TA23-019: Boarding of Commercial Buildings
2. Power Point Presentation