Planning commissioners continued on March 28 to discuss fair and appropriate ways to define terms in Code related to weddings and receptions. They noted indoor weddings are different from outdoor events in the number of guests who might attend. Would parking restrictions in Quiet Use zones be adequate for protecting neighborhoods from traffic and noise? How is a reception different from a special event? Commissioner Susan Harman pointed out that people have vastly different ideas of what a wedding entails, and insisted commissioners try to be specific in how they craft definitions.
For every rule they considered, commissioners found complications. Exceptions notwithstanding, commissioner Woodie Acord noted there are not many places in town to stage a large event, and chair Melissa Greene commented some wedding establishments have totally non-invasive events. Harman, however, insisted their purpose was to anticipate what might happen, think ahead, and make sure regulations were clear.
Commissioners were closer to being satisfied with their suggestion for what Code should say regarding revocations. City Economic Development Director Glenna Booth said the procedure is for her to send a letter to the holder of a Conditional Use Permit informing that person of the date of the revocation hearing.
Then, according to suggested language for City Code, “If the property owner or designated representative fails to appear and/or fails to show good cause why the permit or license should not be revoked, the permit or license shall be revoked. The conditional use or legally non-conforming use shall cease immediately. Continued operation shall be a violation of the Municipal Code and property owner will be subject to citation. Revocation of either conditional use or legally non-conforming use may be appealed to the Eureka Springs City Council at their next regular meeting.”
Booth said there are times the commission should consider extenuating circumstances, such as a large renovation after a property changes hands. However, the suggested text for Code also explains, “Continual Operation shall be defined as being open and in business by having a Eureka Springs Occupational License, displaying signage and advertising, showing revenue, reporting and paying sales and local taxes with no lapse of operation greater than 180 consecutive days. A property owner may request that the Planning Commission grant an extension for Continual Operation due to extenuating circumstances.”
Commissioners also discussed freezing the number of units granted in a CUP for a tourist lodging in R-1, which Booth mentioned the original ordinance failed to do.