Fayetteville Public Hearing and Notification Requirements for Zoning and Development
In the City of Fayetteville, applicants seeking rezonings, conditional use permits, or development approvals must provide written and posted notice at least 15 days prior to the scheduled public hearing. While a notification radius of 200 feet is the standard for most Fayetteville Unified Development Code applications, specific high-impact uses require a broader notification range of 300 to 500 feet to ensure all potentially affected residents and property owners are informed.
General Notification Requirements
The Fayetteville Unified Development Code (UDC) places the primary responsibility for public notification on the applicant. This includes the costs and the physical execution of mailing and posting notices [Section 157.01(A)]. In calculating the required notice periods, the day of publishing or posting is included in the count, but the day of the actual hearing is excluded [Section 157.01(A)(1)].
Failure to meet these notification requirements will result in the application being deferred until all Fayetteville UDC standards are met [Section 157.01(A)(3)].
Notification Standards and Distances
The City of Fayetteville requires different notification radiuses based on the type of zoning permit or development activity requested.
| Application Type | Notification Method | Distance/Timing |
|---|---|---|
| Standard Development (Plats, Large Scale Development, Variances) | Mailed and Posted Notice | 200 feet; 15 days prior [Section 157.02] |
| Annexations & Rezonings | Mailed, Posted, and Published Notice | 200 feet; 15 days prior [Section 157.03] |
| Conditional Use Permits (Standard) | Mailed and Posted Notice | 200 feet; 15 days prior [Section 157.05] |
| Short-Term Rental (Type 2) | Mailed and Posted Notice | 300 feet; 15 days prior [Section 157.05(C)(2)] |
| High-Impact Uses (Dance halls, odor/explosives, wireless, etc.) | Mailed and Posted Notice | 500 feet; 15 days prior [Section 157.05(C)(1)] |
| Vacations (Right-of-Way/Easement) | Mailed, Posted, and Published Notice | All owners in block; 15 days prior [Section 157.06] |
| Board of Adjustment (Zoning Variances/Appeals) | Posted Notice | 7 days prior [Section 157.07(B)(2)] |
Primary Notification Methods
Mailed Written Notice
Mailed notices must be sent via first-class mail to all landowners and residents within the required radius, as identified in the Washington County Assessor's records. For residential units, notice must be addressed to "current resident" [Section 157.02(C)(1)]. The notice content must include:
- A brief description of the project or request.
- The proposed use, current zoning, and acreage.
- Density or intensity (e.g., number of residential units).
- The specific time, date, and location of the public hearing.
- Contact information for the developer and the City of Fayetteville Planning Division [Section 157.01(B)(2)].
Posted Notice (Signage)
The applicant must post at least one sign on the subject property in a visibly prominent location, generally no more than 10 feet from the street. The Planning Division provides these signs for a fee of $5.00 each [Section 157.01(C)]. If the property has multiple street frontages, additional signs may be required by the staff planner [Section 157.01(C)(3)]. Applicants must submit a "Certificate of Sign Posting" including a photograph of the sign to the Planning Division prior to the hearing [Section 157.01(C)(5)].
Published Notice
For private party petitions regarding annexations, zoning map amendments (rezonings), and vacations of rights-of-way, the City of Fayetteville requires a published notice in a newspaper of general circulation. This must occur at least one time, no less than 15 days prior to the Planning Commission or City Council hearing [Section 157.03(B)(2)(c) and Section 157.06(B)(2)(c)].
Special Hearing Provisions
Conditional Use Permits
Specific "Special Uses" in the City of Fayetteville have more stringent notification requirements due to their potential impact on surrounding areas.
- 500-Foot Radius: Required for dance halls, facilities emitting odors or handling explosives, wireless communication facilities, carnivals, circuses, amusement parks, outdoor music establishments, and sexually oriented businesses [Section 157.05(C)(1)].
- 300-Foot Radius: Required for Type 2 short-term rentals [Section 157.05(C)(2)].
Board of Adjustment
For zoning variances and appeals processed by the Board of Adjustment, the City of Fayetteville requires notice to be posted on the property at least seven days prior to the meeting [Section 157.07(B)(2)]. If the appeal involves the Airport Zone, the variance request must also be published in a local newspaper of general circulation at least 15 days before the hearing [Section 157.07(B)(3)].
Tabled Applications
If the Fayetteville City Council removes a rezoning ordinance from the table after it has been indefinitely tabled, the applicant must repost the property with new signs within six days of the item being removed from the table and at least seven days before the meeting where it will be considered [Section 157.04].
Sections Cited
- Section 157.01 - General Requirements/Information
- Section 157.02 - Development
- Section 157.03 - Annexations, Zoning Map Amendments, And Rezonings
- Section 157.04 - Indefinitely Tabled Rezoning Ordinance
- Section 157.05 - Conditional Use Permit
- Section 157.06 - Vacations Of Rights-Of-Way And Easements
- Section 157.07 - Board Of Adjustment