HomeMy WebLinkAboutOrdinance 6773
Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6773
File Number: 2024-299
UNIFIED DEVELOPMENT CODE - CHAPTERS 155, 166.23 (AMENDMENT):
AN ORDINANCE TO AMEND § 155 APPEALS AND § 166.23 URBAN RESIDENTIAL DESIGN STANDARDS
OF THE UNIFIED DEVELOPMENT CODE TO MODIFY DEVELOPMENT REQUIREMENTS ASSOCIATED
WITH APPEALS
WHEREAS, in 2021, major ordinance changes were approved by City Council to revamp drainage and development
standards, with a secondary goal of incentivizing infill; and
WHEREAS, staff audited the outcomes of these changes, and identified four main areas that require revision and
clarification: Parkland Dedication, Project Classification, Application of Tree Preservation standards, and Timeliness of
Variances and Appeals.
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 repeals § 155.02 Form/Time/Place (A)
and enacts a new § 155.02 (A) as follows:
“Form. All appeals shall be submitted in writing referencing the applicable UDC sections(s) and setting out the reasons
the applicant contends the decision was in error and how the applicant is adversely impacted.”
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §
155.02 Form/Time/Place (C)(3) and enacts a new § 155.02 (C)(3) as follows:
“Building Safety Division Director. Appeals made to the Construction Board of Adjustment and Appeals shall
be filed with the Building Safety Division Director.”
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.04 Council Member
Appeal On Behalf of Resident and enacts a new § 155.04 as follows:
“A Council Member may bring an appeal on behalf of any resident of the city of a decision by the Planning
Commission to approve subdivision requests (plats, lot splits), and development requests (large scale developments and
large or small site improvement plans). Variances, compliance with applicable design standards, tree preservation
plans and conditions of approval for any development shall be appealed as part of the approval or denial of a
development proposal. Variances, compliance with applicable design standards, tree preservation plans and conditions
Ordinance: 6773
File Number: 2024-299
Page 2
of approval for any development not requiring approval by the Planning Commission or administrative approval by the
Planning Division may be appealed independently.”
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.05 Appeals to City
Council Conditions of Approval/Variances, etc. (A)(2) and enacts a new § 155.05 (A)(2) as follows:
“Conditions of Approval/Variances, etc. An owner of record may appeal the conditions of approval determined
by the Planning Commission and any adverse decision by the Planning Commission concerning applicable design
standards, tree preservation requirements, streamside protection requirements and variance requests as part of the
conditions of an approved development request or the denial of such development request. Variances, compliance with
applicable design standards, tree preservation plans and conditions of approval for any development not requiring
approval by the Planning Commission or administrative approval by the Planning Division may be appealed
independently.”
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.06 Appeals From Staff
Interpretations And Actions (A)(2) and enacts a new § 155.06 (A)(2) as follows:
“The Zoning and Development Administrator’s decision to deny a vacation of any public easement (whether
constructed or not) or portion thereof may be appealed by the owner of record of the property.”
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.06 Appeals From Staff
Interpretations And Actions (B)(1) and enacts a new § 155.06 (B)(1) as follows:
“Zoning and Development Administrator. An interpretation or decision regarding zoning matters.”
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.06 Appeals From Staff
Interpretations And Actions (C)(1) and enacts a new § 155.06 (C)(1) as follows:
“Zoning and Development Administrator’s Required Dedications and Improvements.”
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.06 Appeals From Staff
Interpretations And Actions (C)(2) and enacts a new § 155.06 (C)(2) as follows:
“Administrative Approvals and Interpretations by Zoning and Development Administrator.”
Section 9: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.06 Appeals From Staff
Interpretations And Actions (C)(2)(a) and enacts a new § 155.06 (C)(2)(a) as follows:
“A resident of the city or an owner/developer who is aggrieved by a decision of the Zoning and Development
Administrator regarding development matters that are approved administratively (as required by Chapter 166.02(C))
may appeal the final development approval decision affected by this matter to the Planning Commission. The appeal
shall be submitted in writing to the Planning Division within ten (10) working days of the final decision.”
Section 10: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.06 Appeals From Staff
Interpretations And Actions (C)(4) and enacts a new § 155.06 (C)(4) as follows:
“Zoning and Development Administrator’s Interpretation or Decision of Other Development Matters. An
interpretation or decision of the Zoning and Development Administrator regarding development matters including
subdivisions, large scale developments, parking and loading, outdoor lighting, compliance with applicable design
standards, or any other development matters.”
Section 11: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.23 Urban Residential
Design Standards (D)(2)(iv)(g) and enacts a new § 166.23 (D)(2)(iv)(g) as follows:
Ordinance : 6773
File Number: 2024-299
"Other architectural feature approved by the Zoning and Development Administrator that meets the intent of the
Code."
PASSED and APPROVED on Jul y 16 , 2024
Attest:
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville,
Arkansas. Amount Paid:$ 4lt£ t{-O
Page3
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-299
MEETING OF JULY 16, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Development Review Manager
SUBJECT: Administrative Item (Amend UDC Chapters 155, Appeals, 166.23, Urban Residential
Design Standards): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an
amendment to 155 and 166.23. The proposed code changes would modify
development requirements associated with appeals. (Originally heard with ADM-
2024-0028)
RECOMMENDATION:
City staff and the Planning Commission recommend approval of an amendment to the Unified Development
Code amending §155, Appeals, and 166.23, Urban Residential Design Standards
BACKGROUND:
In 2021, major ordinance changes were approved by City Council to revamp drainage and development
standards, with a secondary goal of incentivizing infill. The changes that were approved required new green
stormwater practices on a sliding scale of added impervious surface, and decoupled certain requirements from
a question of use and tied those requirements instead to the overall impact to stormwater. This introduced
three new levels of development threshold and shifted the requirement of a large-scale development plan or a
site improvement plan to be triggered only after the addition of 10,000 sq. ft. of added, new impervious
surface.
In the intervening period since 2021, staff audited the outcomes of these changes, and identified four main
areas that require revision and clarification. Those areas for study, and their current status, are listed below.
• Parkland Dedication
o Certain project types were no longer subject to parkland dedication, even though the impact of
added units is significant. Proposed ordinance changes were already evaluated, reviewed, and
approved by City Council on May 21, 2024.
• Project Classification
o Projects adding less than 10,000 sq. ft. still often require a coordinated, cross-divisional round of
review/comment leading to delays unforeseen issues at permitting. These changes are still
pending Planning Commission review and approval, though staff anticipates they will be heard
by the Planning Commission on July 22, 2024. A separate item will be brought forth with these
changes.
• Application of Tree Preservation standards
o Certain projects are no longer subject to tree preservation requirements. Staff and the Planning
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Commission are recommending changes to this ordinance which will also be heard at the July
16 City Council meeting.
• Timeliness of Variances and Appeals
o Variances are only permitted to be appealed with an overall project, rather than piecemeal. This
becomes an issue when certain development types are no longer subject to large-scale
development or site improvement plan. Staff and the Planning Commission are recommending
changes to this ordinance with this item, and they are described below.
DISCUSSION:
Timeliness of Variances and Appeals
The City Attorney’s office recommends changes to the appeals section of code. Variances, as currently written
in this portion, can only be appealed with the overall project, such as an SIP, LSIP, or LSD. As certain projects
no longer require these preliminary project approvals before permitting, variances can only be appealed once a
permit is issued. Staff is recommending that variances can be appealed independently from an overall project,
in those instances where an SIP, LSIP, or LSD, or other preliminary development entitlement approval is not
required. Additionally, staff proposes language clarifying the interpreting authority for several associated
sections of ordinance.
At the June 24, 2024 Planning Commission meeting, Commissioners voted 7-1-0 to forward the proposed
ordinance changes to the City Council with a recommendation of approval. Commissioner Garlock made the
motion, which was seconded by Commissioner Cabe; Commissioner Brink voted in opposition, though other
items were also being considered, and was not necessarily opposed to the changes to the appeals section of
code. Commissioners asked for clarification on the appeals changes. The questions centered on concerns
about the overall appeal process and how timelines for development would be affected, and questions about
how a citizens’ standing may be evaluated with the added requirement for an appellant to report how they were
adversely affected by a decision. The Senior Assistant City Attorney confirmed that the appeals process was
not changing with these amendments, but that the language would allow variances for projects that were not
required to receive approval through the entitlement process to be appealed in a timely manner, rather than
waiting for an associated grading or building permit.
One member of the public spoke at the meeting with concerns about the effects of proposed changes on infill
with regards to the proposed development thresholds (which were not under consideration at the June 24
meeting), and concerns that requiring an abbreviated tree preservation plan for projects between 1200 and
6000 sq. ft. of impervious surface would lead to project delays and disincentivize infill. The member of the
public wanted escrow to be considered as the primary option for those projects. No public comment was
offered on the proposed changes to appeals.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Strikethrough Changes (#5), Planning Commission Staff Report
(#6)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-299
Administrative Item (Amend UDC Chapters 155, Appeals, 166.23, Urban Residential Design
Standards): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to
155 and 166.23. The proposed code changes would modify development requirements associated
with appeals. (Originally heard with ADM-2024-0028)
AN ORDINANCE TO AMEND § 155 APPEALS AND § 166.23 URBAN RESIDENTIAL DESIGN
STANDARDS OF THE UNIFIED DEVELOPMENT CODE TO MODIFY DEVELOPMENT
REQUIREMENTS ASSOCIATED WITH APPEALS
WHEREAS, in 2021, major ordinance changes were approved by City Council to revamp drainage and
development standards, with a secondary goal of incentivizing infill; and
WHEREAS, staff audited the outcomes of these changes, and identified four main areas that require
revision and clarification: Parkland Dedication, Project Classification, Application of Tree Preservation
standards, and Timeliness of Variances and Appeals.
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 repeals §
155.02 Form/Time/Place (A) and enacts a new § 155.02 (A) as follows:
“Form. All appeals shall be submitted in writing referencing the applicable UDC sections(s) and setting
out the reasons the applicant contends the decision was in error and how the applicant is adversely
impacted.”
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §
155.02 Form/Time/Place (C)(3) and enacts a new § 155.02 (C)(3) as follows:
“Building Safety Division Director. Appeals made to the Construction Board of Adjustment and
Appeals shall be filed with the Building Safety Division Director.”
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.04 Council
Member Appeal On Behalf of Resident and enacts a new § 155.04 as follows:
“A Council Member may bring an appeal on behalf of any resident of the city of a decision by
the Planning Commission to approve subdivision requests (plats, lot splits), and development requests
Ordinance: 6773
File Number: 2024-299
Page 2
(large scale developments and large or small site improvement plans). Variances, compliance with
applicable design standards, tree preservation plans and conditions of approval for any development
shall be appealed as part of the approval or denial of a development proposal. Variances, compliance
with applicable design standards, tree preservation plans and conditions of approval for any
development not requiring approval by the Planning Commission or administrative approval by the
Planning Division may be appealed independently.”
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.05 Appeals
to City Council Conditions of Approval/Variances, etc. (A)(2) and enacts a new § 155.05 (A)(2) as
follows:
“Conditions of Approval/Variances, etc. An owner of record may appeal the conditions of
approval determined by the Planning Commission and any adverse decision by the Planning
Commission concerning applicable design standards, tree preservation requirements, streamside
protection requirements and variance requests as part of the conditions of an approved development
request or the denial of such development request. Variances, compliance with applicable design
standards, tree preservation plans and conditions of approval for any development not requiring approval
by the Planning Commission or administrative approval by the Planning Division may be appealed
independently.”
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.06 Appeals
From Staff Interpretations And Actions (A)(2) and enacts a new § 155.06 (A)(2) as follows:
“The Zoning and Development Administrator’s decision to deny a vacation of any public
easement (whether constructed or not) or portion thereof may be appealed by the owner of record of the
property.”
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.06 Appeals
From Staff Interpretations And Actions (B)(1) and enacts a new § 155.06 (B)(1) as follows:
“Zoning and Development Administrator. An interpretation or decision regarding zoning
matters.”
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.06 Appeals
From Staff Interpretations And Actions (C)(1) and enacts a new § 155.06 (C)(1) as follows:
“Zoning and Development Administrator’s Required Dedications and Improvements.”
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.06 Appeals
From Staff Interpretations And Actions (C)(2) and enacts a new § 155.06 (C)(2) as follows:
“Administrative Approvals and Interpretations by Zoning and Development Administrator.”
Section 9: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.06 Appeals
From Staff Interpretations And Actions (C)(2)(a) and enacts a new § 155.06 (C)(2)(a) as follows:
Ordinance: 6773
File Number: 2024-299
Page 3
“A resident of the city or an owner/developer who is aggrieved by a decision of the Zoning and
Development Administrator regarding development matters that are approved administratively (as
required by Chapter 166.02(C)) may appeal the final development approval decision affected by this
matter to the Planning Commission. The appeal shall be submitted in writing to the Planning Division
within ten (10) working days of the final decision.”
Section 10: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 155.06 Appeals
From Staff Interpretations And Actions (C)(4) and enacts a new § 155.06 (C)(4) as follows:
“Zoning and Development Administrator’s Interpretation or Decision of Other Development
Matters. An interpretation or decision of the Zoning and Development Administrator regarding
development matters including subdivisions, large scale developments, parking and loading, outdoor
lighting, compliance with applicable design standards, or any other development matters.”
Section 11: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.23 Urban
Residential Design Standards (D)(2)(iv)(g) and enacts a new § 166.23 (D)(2)(iv)(g) as follows:
“Other architectural feature approved by the Zoning and Development Administrator that meets
the intent of the Code.”
6/28/2024
Submitted Date
No
-$
-$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
-$
-$
No
No -$
-$
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2024-299
Item ID
7/16/2024
City Council Meeting Date - Agenda Item Only
Administrative Item (Amend UDC Chapters 155, Appeals, 166.23, Urban Residential Design Standards): Submitted
by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 155 and 166.23. The proposed code changes
would modify development requirements associated with appeals. (Originally heard with ADM-2024-0028).
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT SERVICES (620)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
CHAPTER 155: APPEALS
Fayetteville, Arkansas, Code of Ordinances Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 1 of 5
CHAPTER 155: APPEALS
155.01 Circuit Court
Unless set forth otherwise below, all appeals from final actions taken by the City Council, Planning Commission,
Board of Adjustment, Construction Board of Adjustment and Appeals, and the Zoning and Development
Administrator shall be taken to the Circuit Court of Washington County.
(Code 1965, App. A., Art. 9(6); Ord. No. 1747, 6-29-70; Ord. No. 2323, 4-5-77; Ord. No. 2538, 7-3-79; Code 1991,
§160.175; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04))
155.02 Form/Time/Place
Unless an appeal is filed with the court, the following requirements shall be met:
(A) Form. All appeals shall be submitted in writing referencing the applicable UDC section(s) and setting out the
reasons the applicant contends the decision was in error and how the applicant is adversely impacted.
(B) Time.
(1) Appeals. Appeals shall be submitted within ten (10) working days from the date of the final action
taken.
(2) Hearings. The entity hearing the appeal shall fix a reasonable time for hearing an appeal.
(C) Place. Appeals shall be filed with the following:
(1) City Clerk. Appeals made to the City Council shall be filed with the City Clerk.
(2) Zoning and Development Administrator. Appeals made to the Planning Commission or Board of
Adjustment shall be filed with the Zoning and Development Administrator.
(3) Building Safety Division Director. Appeals made to the Construction Board of Adjustment and Appeals ,
[for inspecting purposes] shall be filed with the Building Safety Division Director.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04)
155.03 Stay
An appeal shall stay all proceedings in furtherance of the action appealed from unless the person in charge of
administration of the chapter certified that a stay would, in their opinion cause imminent peril to life or property.
(Code 1965, App. A., Art. 13(3); Ord. No. 1747, 6-29-70; Code 1991, §160.173; Ord. No. 4100, §2 (Ex. A), 6-16-98)
155.04 Council Member Appeal On Behalf Of Resident
A Council Member may bring an appeal on behalf of any resident of the city of a decision by the Planning
Commission to approve subdivision requests (plats, lot splits), and development requests (large scale
developments and large or small site improvement plans). Variances, compliance with applicable design standards,
tree preservation plans and conditions of approval for any development shall be appealed as part of the approval
or denial of a development proposal. Variances, compliance with applicable design standards, tree preservation
UDC 155, 166.23 EXHIBIT A PROPOSED ORDINANCE - CLEAN
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 2 of 5
plans and conditions of approval for any development not requiring approval by the Planning Commission or
administrative approval by the Planning Division may be appealed independently.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 6342 , §1, 8-4-20)
155.05 Appeals From Planning Commission Decisions
(A) Appeals to City Council
(1) Owners of record of the property being considered may appeal a decision by the Planning Commission
to deny the following requests in accordance with the procedure set forth in §155.02:
(a) Annexation;
(b) Rezoning;
(c) Required dedication and improvements of §155.06(C);
(d) Subdivision (plats, lot splits, lot line adjustments);
(e) Development (large scale development, large and small site improvement plans);
(f) Vacations of street right-of-way.
(2) Conditions of Approval/Variances, etc. An owner of record may appeal the conditions of approval
determined by the Planning Commission and any adverse decision by the Planning Commission
concerning applicable design standards, tree preservation requirements, streamside protection
requirements and variance requests as part of the conditions of an approved development request or
the denial of such development request. Variances, compliance with applicable design standards, tree
preservation plans and conditions of approval for any development not requiring approval by the
Planning Commission or administrative approval by the Planning Division may be appealed
independently.
(3) Conditional Use Request. Three Council Members may in unison appeal a decision of the Planning
Commission approving or denying a conditional use request.
(Code 1965, §13A-40, App. C., Art. II, Art. V., §B; Ord. No. 1509, 8-8-66; Ord. No. 1750, 7-6-70; Code 1991,
§§156.017, 159.12, 159.54(F)(1), (2), 159.66; Ord. No. 3781, §1, 4-19-94; Ord. No. 3925, §6, 10-3-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4334, 9-4-01; Ord. No. 4340, 10-2-01; Ord. No. 6342 , §2, 8-4-20)
155.06 Appeals From Staff Interpretations And Actions
(A) Appeals to City Council.
(1) The City Engineer's decision to issue a violation notice or stop work order may be appealed to the City
Council by an owner of record of the property in question or a council member on behalf of a resident
of the city.
(2) The Zoning and Development Administrator’s decision to deny a vacation of any public easement
(whether constructed or not) or portion thereof may be appealed by the owner of record of the
property.
(B) Appeals to the Board of Adjustment. The following interpretations and decisions may be appealed by an
owner of record of the property in question or a council member on behalf of a resident of the city to the
Board of Adjustment:
(1) Zoning and Development Administrator. An interpretation or decision regarding zoning matters.
UDC 155, 166.23 EXHIBIT A PROPOSED ORDINANCE - CLEAN
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 3 of 5
(2) Building Safety Officer—Airport Zone. Any person aggrieved, or any taxpayer affected by any decision
of the Building Safety Officer, made in the administration of Airport Zone, Chapter 165.
(C) Appeals to the Planning Commission.
(1) Zoning and Development Administrator’s Required Dedications and Improvements.
(a) An owner or developer who is aggrieved by the requirements of the Unified Development Code
for land, right-of-way or easement dedications, construction of on-site or off-site improvements,
or payments in lieu of any dedication or improvement, which are in excess of the "rough
proportionality" of the impact of the development upon the city's infrastructure or services may
appeal such requirement to the Planning Commission as a part of the submission of the
preliminary plat, large scale development, subdivision, building permit, lot split, grading permit,
floodplain development permit, or otherwise within ten (10) days of notification of such
development requirements. The appeal must be presented to the Planning Division in writing and
state the grounds, or reasons for the appeal.
(b) The Planning Commission shall determine after public hearing whether the required dedications,
improvements, and fees meet the "rough proportionality" of the impact of the development on
city infrastructure and services. If the requirements are in excess of the "rough proportionality,"
the Planning Commission is empowered to modify or reduce such requirements to achieve
"rough proportionality."
(c) Any potential reduction of impact fees must be approved by the City Council.
(2) Administrative Approvals and Interpretations by Zoning and Development Administrator.
(a) A resident of the city or an owner/developer who is aggrieved by a decision of the Zoning and
Development Administrator regarding development matters that are approved administratively
(as required by Chapter 166.02(C)) may appeal the final development approval decision affected
by this matter to the Planning Commission. The appeal shall be submitted in writing to the
Planning Division within ten (10) working days of the final decision. The appeal shall be limited to
the applicable approval or denial criteria as follows:
(i) The development plan is not submitted in accordance with the requirements of Chapter
166 of the Fayetteville Unified Development Code.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by Chapter 166 of the Fayetteville Unified Development Code.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is s ignificant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development or preliminary plat and the developer has made no provision for extending
such service to the development.
(vi) The developer refused to comply with UDC Ch. 166 pertaining to required on -site and off-
site improvements.
(b) The appellant must include in the letter of appeal the specific code section with which the
development application does not comply.
UDC 155, 166.23 EXHIBIT A PROPOSED ORDINANCE - CLEAN
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 4 of 5
(c) The Planning Commission shall determine after public hearing whether the interpretation or
discretionary decision should be upheld or modified in part or in whole.
(d) Any staff recommendation to approve or deny some or all of a requested street right -of-way
vacation shall be considered by the Planning commission with recommendations to the City
Council.
(3) City Engineer and Flood Plain Administrator.
(a) Development Matters. An interpretation or decision of the City Engineer or Floodplain
Administrator regarding development matters, including grading, drainage, water and sanitary
sewer systems, and storm drainage systems.
(b) Floodplain Regulations. The decision of the Floodplain Administrator, provided that the Planning
Commission shall hear and decide an appeal only when it is alleged there is an error in any
requirement, decision, or determination made by the Floodplain Administrator in the
enforcement or administration of Chapter 168.
(c) Streamside Protection Zones. An interpretation or decision of the City Engineer concerning the
regulated uses, structures and activities, streamside boundary location or land use exemptions.
(4) Zoning and Development Administrator’s Interpretation or Decision of Other Development Matters. An
interpretation or decision of the Zoning and Development Administrator regarding development
matters including subdivisions, large scale developments, parking and loading, outdoor lighting,
compliance with applicable design standards, or any other development matters.
(5) Urban Forester—Landscape and Tree Preservation and Protection requirements. Decisions of the Urban
Forester related to landscape and tree preservation and protection requirements.
(D) Appeals to the Construction Board of Adjustment and Appeals. When the administrative authority under
Chapter 173 shall disapprove an application, or the applicant is aggrieved by the interpretation of the
administrative authority, the applicant may appeal the decision to the Construction Board of Adjustment and
Appeals.
(Code 1965, §17B-11.2(d), (e), App. A., Art. 10(6), 19(2), App. B, §III, App. C., Art. 10(6), 19(2), App. B, §III, App. C.,
Art. V, §A; Ord. No. 1747, 6-29-70; Ord. No. 1750, 7-6-70; Ord. No. 2109, 6-375; Ord. No. 2252, 7-6-76; Ord. No.
2538, 7-3-79; Ord. No. 2585, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-14-88;
Code 1991, §§150.03, 158.67(B), 158.68(A), (B), 159.65, 160.048, 160.172, 160.176(A), (B), 161.11, 162.03(B), (C),
163.10(D); Ord. No. 3551, 6-4-91; Ord. No.3587, §1, 1-7-92; Ord. No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93,
Ord. No. 3806, §1, 6-28-94;Ord. No. 3895, §1, 6-20-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3901, §1, 7-5-95; Ord.
No. 3925, §7, 10-3-95; Ord. No. 3963, §9, 4-16-96; Ord. No. 4100, §2 (Exh. A), 6-16-98; Ord. No. 4368, §2, 2-5-02;
Ord. No. 4377, §§1, 2, 3-5-02; Ord. No. 4652, 12-07-04; Ord. No. 5206, 12-16-08; Ord. No. 5296, 12-15-09; Ord.
5390, 3-1-11; Ord. No. 6343 , §1(Exh. A), 8-4-20; Ord. No. 6446 , §5, 6-15-21)
155.07 Appeals To The Housing Board—Mobile Homes And Mobile Home Parks
(A) Permit Denied. Any person whose application for a permit under Chapter 175 has been denied may request
and shall be granted a hearing on the matter before the Housing Board.
(B) Permit Suspended. Any person whose permit has been suspended, or who has received notice from the
enforcement officer that his permit will be suspended unless certain conditions or practices at the mobile
home park are corrected, may request and be granted a hearing on the matter before the Housing Board.
UDC 155, 166.23 EXHIBIT A PROPOSED ORDINANCE - CLEAN
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 5 of 5
(C) Petition Deadline. When no petition for hearing shall have been filed within ten (10) days following the day
on which notice of suspension was served, such permit shall be deemed to have been automatically revoked
at the expiration of such ten (10) days.
(Code 1965, §17B11.2(e); Ord. No. 2109, 6-3-75; Ord. No. 2583, 12-4-79; Ord. No. 3152, 11-19-85; Ord. No. 3153,
11-19-85; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-15-88; Code 1991, §158.67; Ord. No. 4100, §2 (Exh. A), 6-16-
98)
(Code 1965, §§13A-40, 13A-43; Ord. No. 1509, 8-8-66; Code 1991, §§156.017, 156.029; Ord. No. 4100, §2 (Exh. A),
6-16-98; Ord. No. 4652, 12-07-04).
155.08 Appeals From The Construction Board Of Adjustments And Appeals
If the Construction Board of Adjustments and Appeals refuses to extend a building permit pursuant to §173.02
(B)(8) or to issue a new building permit for property for which a building permit has expired pursuant to §173.02
(B)(8), the owner may appeal to the City Council.
(Ord. No. 5019, 5-15-07)
155.09—155.99 Reserved
UDC 155, 166.23 EXHIBIT A PROPOSED ORDINANCE - CLEAN
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 1 of 3
166.23 Urban Residential Design Standards
(A) Purposes.
(1) To protect and enhance Fayetteville's appearance, identity, and natural and economic vitality.
(2) To create appealing street scenes so that development enhances the image of the city and provides
safe, pedestrian-friendly neighborhood environments.
(3) To minimize service and parking impacts in order to preserve surrounding property values and scenic
resources that contribute to the city's economic development.
(4) To compose attractive residential facades that enhance the economic viability of and provide
compatibility with surrounding property.
(B) Applicability. All references to urban residential design standards shall include the following uses as
permitted by right or conditional use in all zoning districts:
(1) Two (2) family dwellings
(2) Three (3) and four (4) family dwellings
(3) Multi-family dwellings
(C) Site Development Standards. The following site development standards shall apply for all urban residential
development.
(1) Intent. The intent of these site development standards is to create a pedestrian-friendly streetscape.
(2) Vehicular Access/Circulation/Parking.
(a) Site access and internal circulation should promote pedestrian safety, efficiency, and
convenience and minimize conflicts between vehicles and pedestrians. Continuous circulation
shall be provided throughout the site to the greatest extent possible creating a complete,
compact, and connected transportation network both within the development and to the
surrounding neighborhood. The visual impact of parking areas should be minimized by locating
parking behind buildings and internal to the site.
(i) Garage entries and carports shall not protrude forward from the principal facade.
Driveways shall extend at least 18 feet into the property from the Master Street Plan right -
of-way to allow parking to occur without encroaching into the right -of-way.
(ii) Parking areas should be accessed by mid-block alleys whenever possible. Developments
should minimize multiple driveways and should utilize a shared access to reduce the
number of vehicle conflicts at the street.
(iii) On-street parallel parking may be provided on at least one (1) side of the street in front of
all multi-family buildings where feasible. Each on-street parking space provided along the
project frontage shall count toward the total required spaces for the development.
(3) [Reserved.]
(4) Pedestrian Circulation.
(a) Ground floor dwelling units adjacent to a public street shall have a primary pedestrian entry that
is visible from the street. This entry shall connect unobstructed to the public sidewalk where
sidewalk exists in a manner to allow occupants to access from the interior of the structure to the
city sidewalk. The connection shall match the sidewalk in material type and shall be at least 3 feet
in width unless otherwise approved by the Zoning and Development Administrator in writing. The
UDC 155, 166.23 EXHIBIT A PROPOSED ORDINANCE - CLEAN
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 2 of 3
entry may be gated and shared but must occur at a spacing of no fewer than one (1) entrance for
every two (2) street level dwellings. The pedestrian connection to the street may run from the
door along the façade of the building parallel to the street for a maximum of 12 feet from the
door before connecting directly to the public sidewalk.
(b) Urban residential projects shall incorporate pedestrian connections to adjacent residential and
commercial properties where sidewalks exist unless this requirement is otherwise waived by the
Planning Commission.
(5) Screening Requirements if Visible from the Highway/Street Right-of-Way.
(a) Mechanical and Utility Equipment. All mechanical and utility equipment located on the wall
and/or on the ground shall be screened, except for air conditioning window units. All roof
mounted utilities and mechanical equipment shall be screened by incorporating screening into
the structure utilizing materials compatible with the supporting building. Mechanical and utility
equipment over 30 inches in height shall meet building setbacks, unless located in a utility
easement.
(b) Recycling and Trash Containers. Adequate space and screening shall be provided for the
placement of recycling and trash containers in urban residential developments.
(i) Urban residential developments are required to provide adequate space to provide both
recycling and trash services for residents. The Recycling and Trash Collection Division
Director may exercise discretion in approving the dimensional size of the requ ired
enclosure or dedicated space for servicing recycling and trash containers. Large multi-
family urban residential developments typically will be required to provide adequate space
for the placement of two (2) front-end load dumpsters that are easily accessible with a
minimum enclosure dimension of 24 feet wide and 12 feet deep.
(ii) Recycling and trash containers shall be screened by enclosures with materials that are
complementary to the principal structure, with access to the refuse containers not visible
from the public right-of-way.
(c) Screening. Screening shall mean a view obscuring fence, berm, vegetation, architectural
treatment consistent with the residential architecture, or a combination of the four of sufficient
height to prevent the view of the screened items from the public right-of-way. Vegetation shall
be planted at a density sufficient to become view obscuring within two years from the date of
planting.
(6) Fencing. The following types, height, and location of fences shall be prohibited:
(a) Razor and/or Barbed Wire. Razor and/or barbed wire fences are prohibited, unless and except
barbed wire fences are used for agricultural purposes.
(b) Chain Link. Chain link fence is prohibited if closer to the street than the front of the building.
(c) Height of Fences in Front of Buildings. Fences in the front yard area shall have a maximum height
of 42 inches subject to visibility requirements in Chapter 164.09 and 164.17.
(D) Architectural Design Standards.
(1) Intent. The intent of these building design standards is:
(a) To ensure that urban residential buildings add to the character and quality of the community,
offer a sense of security, and make a positive contribution to the life of the street.
(b) To maximize the quality, value and longevity of urban residential neighborhoods.
(c) To make housing appealing and comfortable for its inhabitants.
UDC 155, 166.23 EXHIBIT A PROPOSED ORDINANCE - CLEAN
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 3 of 3
(2) Construction and Appearance Design Standards for Urban Residential Development.
(a) Building Form and Design.
(i) In order to provide a variety in form and design, one (1) building type may not be utilized
more than three (3) times in a development. Each building type shall be differentiated by
variations in materials, colors and roof forms.
(ii) Ancillary structures such as carports, garages, recreational buildings and storage structures
shall be designed as an integral part of the project architecture.
(iii) The following architectural elements shall be required of all principal façades that are
greater than 48 feet wide along the street frontage:
(a) Variations in materials;
(b) Insets or other relief in the wall plane;
(c) Incorporation of two or more of the following:
(1) Balconies;
(2) Bays or bay windows;
(3) Porches;
(4) Dormers;
(5) Porticoes;
(6) Turrets; or
(7) Other architectural feature approved by the Zoning Development
Administrator that meets the intent of the code.
(iv) One (1) or more of the following architectural elements shall be required of all principal
façades that are 48 feet wide or less along the street frontage:
(a) Balconies;
(b) Bays or bay windows;
(c) Porches;
(d) Dormers;
(e) Porticos;
(f) Turrets; or
(g) Other architectural feature approved by the Zoning and Development
Administrator that meets the intent of the Code.
(E) Planning Commission Approval. An applicant may request approval from the Planning Commission of a
variance from the maximum requirements where unique circumstances exist and the effect will not
adversely impact adjoining or neighboring property owners. The applicant shall provide notification to
adjacent property owners prior to the date of the meeting.
(Ord. No. 5118, 3-18-08; Ord. No. 5262, 8-4-09; Ord. No. 5679, 4-15-14; Ord. No. 6170 , §1, 4-2-19; Ord. No. 6357 ,
§§1, 2, 9-15-20; Ord. No. 6508 , §1, 11-16-21; Ord. No. 6658 , §10, 5-2-23)
UDC 155, 166.23 EXHIBIT A PROPOSED ORDINANCE - CLEAN
CHAPTER 155: APPEALS
Fayetteville, Arkansas, Code of Ordinances Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 1 of 5
CHAPTER 155: APPEALS
155.01 Circuit Court
Unless set forth otherwise below, all appeals from final actions taken by the City Council, Planning Commission,
Board of Adjustment, Construction Board of Adjustment and Appeals, and the Zoning and Development
Administrator shall be taken to the Circuit Court of Washington County.
(Code 1965, App. A., Art. 9(6); Ord. No. 1747, 6-29-70; Ord. No. 2323, 4-5-77; Ord. No. 2538, 7-3-79; Code 1991,
§160.175; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04))
155.02 Form/Time/Place
Unless an appeal is filed with the court, the following requirements shall be met:
(A) Form. All appeals shall be submitted in writing referencing the applicable UDC section(s) and setting out the
reasons the applicant contends the decision was in error and how the applicant is adversely impacted .
(B) Time.
(1) Appeals. Appeals shall be submitted within ten (10) working days from the date of the final action
taken.
(2) Hearings. The entity hearing the appeal shall fix a reasonable time for hearing an appeal.
(C) Place. Appeals shall be filed with the following:
(1) City Clerk. Appeals made to the City Council shall be filed with the City Clerk.
(2) Zoning and Development Administrator. Appeals made to the Planning Commission or Board of
Adjustment shall be filed with the Zoning and Development Administrator.
(3) Building Safety Division Director. Appeals made to the Construction Board of Adjustment and Appeals
Board of Adjustment, [for inspecting purposes] shall be filed with the Building Safety Division Director.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04)
155.03 Stay
An appeal shall stay all proceedings in furtherance of the action appealed from unless the person in charge of
administration of the chapter certified that a stay would, in their opinion cause imminent peril to life or property.
(Code 1965, App. A., Art. 13(3); Ord. No. 1747, 6-29-70; Code 1991, §160.173; Ord. No. 4100, §2 (Ex. A), 6-16-98)
155.04 Council Member Appeal On Behalf Of Resident
A Council Member may bring an appeal on behalf of any resident of the city of a decision by the Planning
Commission to approve subdivision requests (plats, lot splits), and development requests (large scale
developments and large or small site improvement plans). Variances, compliance with applicable design standards,
tree preservation plans and conditions of approval for any development shall be appealed as part of the approval
or denial of a development proposal. Variances, compliance with applicable design standards, tree preservation
UDC 155, 166.23 PROPOSED ORDINANCE - STRIKETHROUGH
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 2 of 5
plans and conditions of approval for any development not requiring approval by the Planning Commission or
administrative approval by the Planning Division may be appealed independently.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 6342 , §1, 8-4-20)
155.05 Appeals From Planning Commission Decisions
(A) Appeals to City Council
(1) Owners of record of the property being considered may appeal a decision by the Planning Commission
to deny the following requests in accordance with the procedure set forth in §155.02:
(a) Annexation;
(b) Rezoning;
(c) Required dedication and improvements of §155.06(C);
(d) Subdivision (plats, lot splits, lot line adjustments);
(e) Development (large scale development, large and small site improvement plans);
(f) Vacations of street right-of-way.
(2) Conditions of Approval/Variances, etc. An owner of record may appeal the conditions of approval
determined by the Planning Commission and any adverse decision by the Planning Commission
concerning applicable design standards, tree preservation requirements, streamside protection
requirements and variance requests as part of the conditions of an approved development request or
the denial of such development request. Variances, compliance with applicable design standards, tree
preservation plans and conditions of approval for any development not requiring approval by the
Planning Commission or administrative approval by the Planning Division may be appealed
independently.
(3) Conditional Use Request. Three Council Members may in unison appeal a decision of the Planning
Commission approving or denying a conditional use request.
(Code 1965, §13A-40, App. C., Art. II, Art. V., §B; Ord. No. 1509, 8-8-66; Ord. No. 1750, 7-6-70; Code 1991,
§§156.017, 159.12, 159.54(F)(1), (2), 159.66; Ord. No. 3781, §1, 4-19-94; Ord. No. 3925, §6, 10-3-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4334, 9-4-01; Ord. No. 4340, 10-2-01; Ord. No. 6342 , §2, 8-4-20)
155.06 Appeals From Staff Interpretations And Actions
(A) Appeals to City Council.
(1) The City Engineer's decision to issue a violation notice or stop work order may be appealed to the City
Council by an owner of record of the property in question or a council member on behalf of a resident
of the city.
(2) The Development Review Manager'sZoning and Development Administrator’s decision to deny a
vacation of any public easement (whether constructed or not) or portion thereof may be appealed by
the owner of record of the property.
(B) Appeals to the Board of Adjustment. The following interpretations and decisions may be appealed by an
owner of record of the property in question or a council member on behalf of a resident of the city to the
Board of Adjustment:
UDC 155, 166.23 PROPOSED ORDINANCE - STRIKETHROUGH
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 3 of 5
(1) Development Review Manager—ZoningZoning and Development Administrator. An interpretation or
decision regarding zoning matters.
(2) Building Safety Officer—Airport Zone. Any person aggrieved, or any taxpayer affected by any decision
of the Building Safety Officer, made in the administration of Airport Zone, Chapter 165.
(C) Appeals to the Planning Commission.
(1) Development Review Manager'sZoning and Development Administrator’s Required Dedications and
Improvements.
(a) An owner or developer who is aggrieved by the requirements of the Unified Development Code
for land, right-of-way or easement dedications, construction of on-site or off-site improvements,
or payments in lieu of any dedication or improvement, which are in excess of the "rough
proportionality" of the impact of the development upon the city's infrastructure or services may
appeal such requirement to the Planning Commission as a part of the submission of the
preliminary plat, large scale development, subdivision, building permit, lot split, grading permit,
floodplain development permit, or otherwise within ten (10) days of notification of such
development requirements. The appeal must be presented to the Planning Division in writing and
state the grounds, or reasons for the appeal.
(b) The Planning Commission shall determine after public hearing whether the required dedications,
improvements, and fees meet the "rough proportionality" of the impact of the development on
city infrastructure and services. If the requirements are in excess of the "rough proportionality,"
the Planning Commission is empowered to modify or reduce such requirements to achieve
"rough proportionality."
(c) Any potential reduction of impact fees must be approved by the City Council.
(2) Administrative Approvals and Interpretations by Development Review ManagerZoning and
Development Administrator.
(a) A resident of the city or an owner/developer who is aggrieved by a decision of the Development
Review ManagerZoning and Development Administrator regarding development matters that are
approved administratively (as required by Chapter 166.02(C)) may appeal the final development
approval decision affected by this matter to the Planning Commission. The appeal shall be
submitted in writing to the Planning Division within ten (10) working days of the final decision.
The appeal shall be limited to the applicable approval or denial criteria as follows:
(i) The development plan is not submitted in accordance with the requirements of Chapter
166 of the Fayetteville Unified Development Code.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by Chapter 166 of the Fayetteville Unified Development Code.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is s ignificant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development or preliminary plat and the developer has made no provision for extending
such service to the development.
UDC 155, 166.23 PROPOSED ORDINANCE - STRIKETHROUGH
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 4 of 5
(vi) The developer refused to comply with UDC Ch. 166 pertaining to required on -site and off-
site improvements.
(b) The appellant must include in the letter of appeal the specific code section with which the
development application does not comply.
(c) The Planning Commission shall determine after public hearing whether the interpretation or
discretionary decision should be upheld or modified in part or in whole.
(d) Any staff recommendation to approve or deny some or all of a requested street right -of-way
vacation shall be considered by the Planning commission with recommendations to the City
Council.
(3) City Engineer and Flood Plain Administrator.
(a) Development Matters. An interpretation or decision of the City Engineer or Floodplain
Administrator regarding development matters, including grading, drainage, water and sanitary
sewer systems, and storm drainage systems.
(b) Floodplain Regulations. The decision of the Floodplain Administrator, provided that the Planning
Commission shall hear and decide an appeal only when it is alleged there is an error in any
requirement, decision, or determination made by the Floodplain Administrator in the
enforcement or administration of Chapter 168.
(c) Streamside Protection Zones. An interpretation or decision of the City Engineer concerning the
regulated uses, structures and activities, streamside boundary location or land use exemptions.
(4) Development Review Manager'sZoning and Development Administrator’s Interpretation or Decision of
Other Development Matters. An interpretation or decision of the Development Review ManagerZoning
and Development Administrator regarding development matters including subdivisions, large scale
developments, parking and loading, outdoor lighting, compliance with applicable design standards, or
any other development matters.
(5) Urban Forester—Landscape and Tree Preservation and Protection requirements. Decisions of the Urban
Forester related to landscape and tree preservation and protection requirements.
(D) Appeals to the Construction Board of Adjustment and Appeals. When the administrative authority under
Chapter 173 shall disapprove an application, or the applicant is aggrieved by the interpretation of the
administrative authority, the applicant may appeal the decision to the Construction Board of Adjustment and
Appeals.
(Code 1965, §17B-11.2(d), (e), App. A., Art. 10(6), 19(2), App. B, §III, App. C., Art. 10(6), 19(2), App. B, §III, App. C.,
Art. V, §A; Ord. No. 1747, 6-29-70; Ord. No. 1750, 7-6-70; Ord. No. 2109, 6-375; Ord. No. 2252, 7-6-76; Ord. No.
2538, 7-3-79; Ord. No. 2585, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-14-88;
Code 1991, §§150.03, 158.67(B), 158.68(A), (B), 159.65, 160.048, 160.172, 160.176(A), (B), 161.11, 162.03(B), (C),
163.10(D); Ord. No. 3551, 6-4-91; Ord. No.3587, §1, 1-7-92; Ord. No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93,
Ord. No. 3806, §1, 6-28-94;Ord. No. 3895, §1, 6-20-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3901, §1, 7-5-95; Ord.
No. 3925, §7, 10-3-95; Ord. No. 3963, §9, 4-16-96; Ord. No. 4100, §2 (Exh. A), 6-16-98; Ord. No. 4368, §2, 2-5-02;
Ord. No. 4377, §§1, 2, 3-5-02; Ord. No. 4652, 12-07-04; Ord. No. 5206, 12-16-08; Ord. No. 5296, 12-15-09; Ord.
5390, 3-1-11; Ord. No. 6343 , §1(Exh. A), 8-4-20; Ord. No. 6446 , §5, 6-15-21)
155.07 Appeals To The Housing Board—Mobile Homes And Mobile Home Parks
(A) Permit Denied. Any person whose application for a permit under Chapter 175 has been denied may request
and shall be granted a hearing on the matter before the Housing Board.
UDC 155, 166.23 PROPOSED ORDINANCE - STRIKETHROUGH
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 5 of 5
(B) Permit Suspended. Any person whose permit has been suspended, or who has received notice from the
enforcement officer that his permit will be suspended unless certain conditions or practices at the mobile
home park are corrected, may request and be granted a hearing on the matter before the Housing Board.
(C) Petition Deadline. When no petition for hearing shall have been filed within ten (10) days following the day
on which notice of suspension was served, such permit shall be deemed to have been automatically revoked
at the expiration of such ten (10) days.
(Code 1965, §17B11.2(e); Ord. No. 2109, 6-3-75; Ord. No. 2583, 12-4-79; Ord. No. 3152, 11-19-85; Ord. No. 3153,
11-19-85; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-15-88; Code 1991, §158.67; Ord. No. 4100, §2 (Exh. A), 6-16-
98)
(Code 1965, §§13A-40, 13A-43; Ord. No. 1509, 8-8-66; Code 1991, §§156.017, 156.029; Ord. No. 4100, §2 (Exh. A),
6-16-98; Ord. No. 4652, 12-07-04).
155.08 Appeals From The Construction Board Of Adjustments And Appeals
If the Construction Board of Adjustments and Appeals refuses to extend a building permit pursuant to §173.02
(B)(8) or to issue a new building permit for property for which a building permit has expired pursuant to §173.02
(B)(8), the owner may appeal to the City Council.
(Ord. No. 5019, 5-15-07)
155.09—155.99 Reserved
UDC 155, 166.23 PROPOSED ORDINANCE - STRIKETHROUGH
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 1 of 3
166.23 Urban Residential Design Standards
(A) Purposes.
(1) To protect and enhance Fayetteville's appearance, identity, and natural and economic vitality.
(2) To create appealing street scenes so that development enhances the image of the city and provides
safe, pedestrian-friendly neighborhood environments.
(3) To minimize service and parking impacts in order to preserve surrounding property values and scenic
resources that contribute to the city's economic development.
(4) To compose attractive residential facades that enhance the economic viability of and provide
compatibility with surrounding property.
(B) Applicability. All references to urban residential design standards shall include the following uses as
permitted by right or conditional use in all zoning districts:
(1) Two (2) family dwellings
(2) Three (3) and four (4) family dwellings
(3) Multi-family dwellings
(C) Site Development Standards. The following site development standards shall apply for all urban residential
development.
(1) Intent. The intent of these site development standards is to create a pedestrian-friendly streetscape.
(2) Vehicular Access/Circulation/Parking.
(a) Site access and internal circulation should promote pedestrian safety, efficiency, and
convenience and minimize conflicts between vehicles and pedestrians. Continuous circulation
shall be provided throughout the site to the greatest extent possible creating a complete,
compact, and connected transportation network both within the development and to the
surrounding neighborhood. The visual impact of parking areas should be minimized by locating
parking behind buildings and internal to the site.
(i) Garage entries and carports shall not protrude forward from the principal facade.
Driveways shall extend at least 18 feet into the property from the Master Street Plan right -
of-way to allow parking to occur without encroaching into the right -of-way.
(ii) Parking areas should be accessed by mid-block alleys whenever possible. Developments
should minimize multiple driveways and should utilize a shared access to reduce the
number of vehicle conflicts at the street.
(iii) On-street parallel parking may be provided on at least one (1) side of the street in front of
all multi-family buildings where feasible. Each on-street parking space provided along the
project frontage shall count toward the total required spaces for the development.
(3) [Reserved.]
(4) Pedestrian Circulation.
(a) Ground floor dwelling units adjacent to a public street shall have a primary pedestrian entry that
is visible from the street. This entry shall connect unobstructed to the public sidewalk where
sidewalk exists in a manner to allow occupants to access from the interior of the structure to the
city sidewalk. The connection shall match the sidewalk in material type and shall be at least 3 feet
in width unless otherwise approved by the Zoning and Development Administrator in writing. The
UDC 155, 166.23 PROPOSED ORDINANCE - STRIKETHROUGH
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 2 of 3
entry may be gated and shared but must occur at a spacing of no fewer than one (1) entrance for
every two (2) street level dwellings. The pedestrian connection to the street may run from the
door along the façade of the building parallel to the street for a maximum of 12 feet from the
door before connecting directly to the public sidewalk.
(b) Urban residential projects shall incorporate pedestrian connections to adjacent residential and
commercial properties where sidewalks exist unless this requirement is otherwise waived by the
Planning Commission.
(5) Screening Requirements if Visible from the Highway/Street Right-of-Way.
(a) Mechanical and Utility Equipment. All mechanical and utility equipment located on the wall
and/or on the ground shall be screened, except for air conditioning window units. All roof
mounted utilities and mechanical equipment shall be screened by incorporating screening into
the structure utilizing materials compatible with the supporting building. Mechanical and utility
equipment over 30 inches in height shall meet building setbacks, unless located in a utility
easement.
(b) Recycling and Trash Containers. Adequate space and screening shall be provided for the
placement of recycling and trash containers in urban residential developments.
(i) Urban residential developments are required to provide adequate space to provide both
recycling and trash services for residents. The Recycling and Trash Collection Division
Director may exercise discretion in approving the dimensional size of the requ ired
enclosure or dedicated space for servicing recycling and trash containers. Large multi-
family urban residential developments typically will be required to provide adequate space
for the placement of two (2) front-end load dumpsters that are easily accessible with a
minimum enclosure dimension of 24 feet wide and 12 feet deep.
(ii) Recycling and trash containers shall be screened by enclosures with materials that are
complementary to the principal structure, with access to the refuse containers not visible
from the public right-of-way.
(c) Screening. Screening shall mean a view obscuring fence, berm, vegetation, architectural
treatment consistent with the residential architecture, or a combination of the four of sufficient
height to prevent the view of the screened items from the public right-of-way. Vegetation shall
be planted at a density sufficient to become view obscuring within two years from the date of
planting.
(6) Fencing. The following types, height, and location of fences shall be prohibited:
(a) Razor and/or Barbed Wire. Razor and/or barbed wire fences are prohibited, unless and except
barbed wire fences are used for agricultural purposes.
(b) Chain Link. Chain link fence is prohibited if closer to the street than the front of the building.
(c) Height of Fences in Front of Buildings. Fences in the front yard area shall have a maximum height
of 42 inches subject to visibility requirements in Chapter 164.09 and 164.17.
(D) Architectural Design Standards.
(1) Intent. The intent of these building design standards is:
(a) To ensure that urban residential buildings add to the character and quality of the community,
offer a sense of security, and make a positive contribution to the life of the street.
(b) To maximize the quality, value and longevity of urban residential neighborhoods.
(c) To make housing appealing and comfortable for its inhabitants.
UDC 155, 166.23 PROPOSED ORDINANCE - STRIKETHROUGH
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 3 of 3
(2) Construction and Appearance Design Standards for Urban Residential Development.
(a) Building Form and Design.
(i) In order to provide a variety in form and design, one (1) building type may not be utilized
more than three (3) times in a development. Each building type shall be differentiated by
variations in materials, colors and roof forms.
(ii) Ancillary structures such as carports, garages, recreational buildings and storage structures
shall be designed as an integral part of the project architecture.
(iii) The following architectural elements shall be required of all principal façades that are
greater than 48 feet wide along the street frontage:
(a) Variations in materials;
(b) Insets or other relief in the wall plane;
(c) Incorporation of two or more of the following:
(1) Balconies;
(2) Bays or bay windows;
(3) Porches;
(4) Dormers;
(5) Porticoes;
(6) Turrets; or
(7) Other architectural feature approved by the Zoning Development
Administrator that meets the intent of the code.
(iv) One (1) or more of the following architectural elements shall be required of all principal
façades that are 48 feet wide or less along the street frontage:
(a) Balconies;
(b) Bays or bay windows;
(c) Porches;
(d) Dormers;
(e) Porticos;
(f) Turrets; or
(g) Other architectural feature approved by the Development Review Manager
Zoning and Development Administrator that meets the intent of the Code.
(E) Planning Commission Approval. An applicant may request approval from the Planning Commission of a
variance from the maximum requirements where unique circumstances exist and the effect will not
adversely impact adjoining or neighboring property owners. The applicant shall provide notification to
adjacent property owners prior to the date of the meeting.
(Ord. No. 5118, 3-18-08; Ord. No. 5262, 8-4-09; Ord. No. 5679, 4-15-14; Ord. No. 6170 , §1, 4-2-19; Ord. No. 6357 ,
§§1, 2, 9-15-20; Ord. No. 6508 , §1, 11-16-21; Ord. No. 6658 , §10, 5-2-23)
UDC 155, 166.23 PROPOSED ORDINANCE - STRIKETHROUGH
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
City of Fayetteville Long Range Planning Committee
MEETING DATE: June 24, 2024
SUBJECT: ADM-2024-0028: Administrative Item (Amend UDC Chapters 155,
Appeals, 166.02, Development Review Process, 166.23, Urban
Residential Design Standards, 167.04 Tree Preservation and
Protection): Submitted by CITY OF FAYETTEVILLE STAFF. The request
is an amendment to 155, 166.02, 166.23, and 167.04. The proposed code
changes would modify development requirements associated with appeals,
architectural design standards, and tree preservation requirements.
RECOMMENDATION:
Staff recommend forwarding ADM-2024-0028 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward ADM-2024-0028 to the City Council with a recommendation of approval.”
BACKGROUND:
In 2021, major ordinance changes were approved by City Council to revamp drainage and
development standards, with a secondary goal of incentivizing infill. The changes that were
approved required new green stormwater practices on a sliding scale of added impervious
surface, and decoupled certain requirements from a question of use and tied those requirements
instead to the overall impact to stormwater. This introduced three new levels of development
threshold and shifted the requirement of a large-scale development plan or a site improvement
plan to be triggered only after the addition of 10,000 sq. ft. of added, new impervious surface. In
the intervening period since 2021, staff audited the outcomes of these changes, and identified
several areas that require revision and clarification.
• Parkland Dedication
o Certain project types were no longer subject to parkland dedication, even though
the impact of added units is significant.
• Project Classification
o Projects adding less than 10,000 sq. ft. still often require a coordinated, cross-
divisional round of review/comment leading to delays unforeseen issues at
permitting.
• Application of Tree Preservation standards
o Certain projects are no longer subject to tree preservation requirements.
• Timeliness of Variances and Appeals
o Variances are only permitted to be appealed with an overall project, rather than
piecemeal. This becomes an issue when certain development types are no longer
subject to large-scale development or site improvement plan.
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 1 of 51
Updated with results from 6/24/2024 PC Meeting
Recognizing immediate financial implications, staff proposed changes to the parkland dedication
ordinance already, which were forwarded by the Planning Commission to the City Council. Those
changes were approved by the City Council on May 21, 2024. At the May 13, 2024 Planning
Commission, additional proposed changes to the remaining sections were brought forward by
staff for the Commission’s consideration, where they were tabled indefinitely with a vote of 5 -2-0
in order to keep working on the item and understand the full context of the changes. Staff brought
the items back to the Long-Range Planning Committee on May 23, 2024. At that meeting, the
Long-Range Planning Committee agreed to bring forward proposed changes to the appeals
section, the application of tree preservation standards, and text changes in the Urban Residential
Design standards, which are presented for consideration here. Since the items have been
separated out, staff is bringing forward a new item with just those pieces for the Commission’s
consideration.
DISCUSSION:
To address tree preservation concerns, staff and the Long-Range Planning Committee propose
requiring an abbreviated tree preservation plan to projects adding between 1,200 and 6,000 sq.
ft. of impervious surface. Urban Forestry staff have found that larger, multi-unit structures on
smaller infill sites are no longer required to perform any tree preservation, mitigation, or even
escrow, even if the impact to the canopy is significant. To help alleviate concerns about requiring
additional tree preservation to smaller sites, staff also recommends an option for projects within
this threshold to be evaluated for a tree escrow contribution.
The City Attorney’s office also recommends changes to the appeals section of code. Variances,
as currently written in the appeals portion of code, can only be appealed with the overall project,
such as an SIP, LSIP, or LSD. As certain projects no longer require these preliminary project
approvals before permitting, variances can only be appealed once a permit is issued. Staff is
recommending that variances can be appealed independently from an overall project, in those
instances where an SIP, LSIP, or LSD, or other preliminary development entitlement approval is
not required.
Public Comment: Staff distributed the larger ordinance changes to key stakeholders within the
development community. Feedback was received in relation to vested interest of projects that
may already be in the pipeline, and feedback was received in relation to parkland dedication
requirements. The City Attorney’s office confirmed that vested interest in this or is any ordinance
change happens at the time of an approved or issued permit. One Planning Commissioner
suggested that the threshold could be shifted to the overall size of a structure rather than the
amount of impervious surface. No additional written comment was offered, or alternative code
changes suggested at this time. Public comment was also provided at the May 13, 2024 Planning
Commission. Members of the public who spoke were more concerned about the proposed
changes to the impervious surface thresholds, which are not under consideration at this time. No
additional public comment has been received by staff.
RECOMMENDATION: Staff recommend forwarding ADM-2024-0028 to City Council with a
recommendation of approval.
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 2 of 51
PLANNING COMMISSION ACTION: Required YES
Date: June 24, 2024 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
• Proposed Ordinance (Clean):
• UDC §155, Appeals
• UDC §166.02, Development Review Process
• UDC §166.23, Urban Residential Design Standards
• UDC §167.04, Tree Preservation and Protection
• Proposed Ordinance (Strikethrough):
• UDC §155, Appeals
• UDC §166.02, Development Review Process
• UDC §166.23, Urban Residential Design Standards
• UDC §167.04, Tree Preservation and Protection
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 3 of 51
Garlock
Cabe
7-1-0 (Commissioner Brink opposed)
X
with a recommendation of approval.
CHAPTER 155: APPEALS
Fayetteville, Arkansas, Code of Ordinances Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 1 of 5
CHAPTER 155: APPEALS
155.01 Circuit Court
Unless set forth otherwise below, all appeals from final actions taken by the City Council, Planning Commission,
Board of Adjustment, Construction Board of Adjustment and Appeals, and the Zoning and Development
Administrator shall be taken to the Circuit Court of Washington County.
(Code 1965, App. A., Art. 9(6); Ord. No. 1747, 6-29-70; Ord. No. 2323, 4-5-77; Ord. No. 2538, 7-3-79; Code 1991,
§160.175; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04))
155.02 Form/Time/Place
Unless an appeal is filed with the court, the following requirements shall be met:
(A) Form. All appeals shall be submitted in writing referencing the applicable UDC section(s) and setting out the
reasons the applicant contends the decision was in error and how the applicant is adversely impacted.
(B) Time.
(1) Appeals. Appeals shall be submitted within ten (10) working days from the date of the final action
taken.
(2) Hearings. The entity hearing the appeal shall fix a reasonable time for hearing an appeal.
(C) Place. Appeals shall be filed with the following:
(1) City Clerk. Appeals made to the City Council shall be filed with the City Clerk.
(2) Zoning and Development Administrator. Appeals made to the Planning Commission or Board of
Adjustment shall be filed with the Zoning and Development Administrator.
(3) Building Safety Division Director. Appeals made to the Construction Board of Adjustment and Appeals ,
[for inspecting purposes] shall be filed with the Building Safety Division Director.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04)
155.03 Stay
An appeal shall stay all proceedings in furtherance of the action appealed from unless the person in charge of
administration of the chapter certified that a stay would, in their opinion cause imminent peril to life or property.
(Code 1965, App. A., Art. 13(3); Ord. No. 1747, 6-29-70; Code 1991, §160.173; Ord. No. 4100, §2 (Ex. A), 6-16-98)
155.04 Council Member Appeal On Behalf Of Resident
A Council Member may bring an appeal on behalf of any resident of the city of a decision by the Planning
Commission to approve subdivision requests (plats, lot splits), and development requests (large scale
developments and large or small site improvement plans). Variances, compliance with applicable design standards,
tree preservation plans and conditions of approval for any development shall be appealed as part of the approval
or denial of a development proposal. Variances, compliance with applicable design standards, tree preservation
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 4 of 51
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 2 of 5
plans and conditions of approval for any development not requiring approval by the Planning Commission or
administrative approval by the Planning Division may be appealed independently.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 6342 , §1, 8-4-20)
155.05 Appeals From Planning Commission Decisions
(A) Appeals to City Council
(1) Owners of record of the property being considered may appeal a decision by the Planning Commission
to deny the following requests in accordance with the procedure set forth in §155.02:
(a) Annexation;
(b) Rezoning;
(c) Required dedication and improvements of §155.06(C);
(d) Subdivision (plats, lot splits, lot line adjustments);
(e) Development (large scale development, large and small site improvement plans);
(f) Vacations of street right-of-way.
(2) Conditions of Approval/Variances, etc. An owner of record may appeal the conditions of approval
determined by the Planning Commission and any adverse decision by the Planning Commission
concerning applicable design standards, tree preservation requirements, streamside protection
requirements and variance requests as part of the conditions of an approved development request or
the denial of such development request. Variances, compliance with applicable design standards, tree
preservation plans and conditions of approval for any development not requiring approval by the
Planning Commission or administrative approval by the Planning Division may be appealed
independently.
(3) Conditional Use Request. Three Council Members may in unison appeal a decision of the Planning
Commission approving or denying a conditional use request.
(Code 1965, §13A-40, App. C., Art. II, Art. V., §B; Ord. No. 1509, 8-8-66; Ord. No. 1750, 7-6-70; Code 1991,
§§156.017, 159.12, 159.54(F)(1), (2), 159.66; Ord. No. 3781, §1, 4-19-94; Ord. No. 3925, §6, 10-3-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4334, 9-4-01; Ord. No. 4340, 10-2-01; Ord. No. 6342 , §2, 8-4-20)
155.06 Appeals From Staff Interpretations And Actions
(A) Appeals to City Council.
(1) The City Engineer's decision to issue a violation notice or stop work order may be appealed to the City
Council by an owner of record of the property in question or a council member on behalf of a resident
of the city.
(2) The Zoning and Development Administrator’s decision to deny a vacation of any public easement
(whether constructed or not) or portion thereof may be appealed by the owner of record of the
property.
(B) Appeals to the Board of Adjustment. The following interpretations and decisions may be appealed by an
owner of record of the property in question or a council member on behalf of a resident of the city to the
Board of Adjustment:
(1) Zoning and Development Administrator. An interpretation or decision regarding zoning matters.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 5 of 51
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 3 of 5
(2) Building Safety Officer—Airport Zone. Any person aggrieved, or any taxpayer affected by any decision
of the Building Safety Officer, made in the administration of Airport Zone, Chapter 165.
(C) Appeals to the Planning Commission.
(1) Zoning and Development Administrator’s Required Dedications and Improvements.
(a) An owner or developer who is aggrieved by the requirements of the Unified Development Code
for land, right-of-way or easement dedications, construction of on-site or off-site improvements,
or payments in lieu of any dedication or improvement, which are in excess of the "rough
proportionality" of the impact of the development upon the city's infrastructure or services may
appeal such requirement to the Planning Commission as a part of the submission of the
preliminary plat, large scale development, subdivision, building permit, lot split, grading permit,
floodplain development permit, or otherwise within ten (10) days of notification of such
development requirements. The appeal must be presented to the Planning Division in writing and
state the grounds, or reasons for the appeal.
(b) The Planning Commission shall determine after public hearing whether the required dedications,
improvements, and fees meet the "rough proportionality" of the impact of the development on
city infrastructure and services. If the requirements are in excess of the "rough proportionality,"
the Planning Commission is empowered to modify or reduce such requirements to achieve
"rough proportionality."
(c) Any potential reduction of impact fees must be approved by the City Council.
(2) Administrative Approvals and Interpretations by Zoning and Development Administrator.
(a) A resident of the city or an owner/developer who is aggrieved by a decision of the Zoning and
Development Administrator regarding development matters that are approved administratively
(as required by Chapter 166.02(C)) may appeal the final development approval decision affected
by this matter to the Planning Commission. The appeal shall be submitted in writing to the
Planning Division within ten (10) working days of the final decision. The appeal shall be limited to
the applicable approval or denial criteria as follows:
(i) The development plan is not submitted in accordance with the requirements of Chapter
166 of the Fayetteville Unified Development Code.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by Chapter 166 of the Fayetteville Unified Development Code.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is s ignificant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development or preliminary plat and the developer has made no provision for extending
such service to the development.
(vi) The developer refused to comply with UDC Ch. 166 pertaining to required on -site and off-
site improvements.
(b) The appellant must include in the letter of appeal the specific code section with which the
development application does not comply.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 6 of 51
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 4 of 5
(c) The Planning Commission shall determine after public hearing whether the interpretation or
discretionary decision should be upheld or modified in part or in whole.
(d) Any staff recommendation to approve or deny some or all of a requested street right -of-way
vacation shall be considered by the Planning commission with recommendations to the City
Council.
(3) City Engineer and Flood Plain Administrator.
(a) Development Matters. An interpretation or decision of the City Engineer or Floodplain
Administrator regarding development matters, including grading, drainage, water and sanitary
sewer systems, and storm drainage systems.
(b) Floodplain Regulations. The decision of the Floodplain Administrator, provided that the Planning
Commission shall hear and decide an appeal only when it is alleged there is an error in any
requirement, decision, or determination made by the Floodplain Administrator in the
enforcement or administration of Chapter 168.
(c) Streamside Protection Zones. An interpretation or decision of the City Engineer concerning the
regulated uses, structures and activities, streamside boundary location or land use exemptions.
(4) Zoning and Development Administrator’s Interpretation or Decision of Other Development Matters. An
interpretation or decision of the Zoning and Development Administrator regarding development
matters including subdivisions, large scale developments, parking and loading, outdoor lighting,
compliance with applicable design standards, or any other development matters.
(5) Urban Forester—Landscape and Tree Preservation and Protection requirements. Decisions of the Urban
Forester related to landscape and tree preservation and protection requirements.
(D) Appeals to the Construction Board of Adjustment and Appeals. When the administrative authority under
Chapter 173 shall disapprove an application, or the applicant is aggrieved by the interpretation of the
administrative authority, the applicant may appeal the decision to the Construction Board of Adjustment and
Appeals.
(Code 1965, §17B-11.2(d), (e), App. A., Art. 10(6), 19(2), App. B, §III, App. C., Art. 10(6), 19(2), App. B, §III, App. C.,
Art. V, §A; Ord. No. 1747, 6-29-70; Ord. No. 1750, 7-6-70; Ord. No. 2109, 6-375; Ord. No. 2252, 7-6-76; Ord. No.
2538, 7-3-79; Ord. No. 2585, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-14-88;
Code 1991, §§150.03, 158.67(B), 158.68(A), (B), 159.65, 160.048, 160.172, 160.176(A), (B), 161.11, 162.03(B), (C),
163.10(D); Ord. No. 3551, 6-4-91; Ord. No.3587, §1, 1-7-92; Ord. No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93,
Ord. No. 3806, §1, 6-28-94;Ord. No. 3895, §1, 6-20-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3901, §1, 7-5-95; Ord.
No. 3925, §7, 10-3-95; Ord. No. 3963, §9, 4-16-96; Ord. No. 4100, §2 (Exh. A), 6-16-98; Ord. No. 4368, §2, 2-5-02;
Ord. No. 4377, §§1, 2, 3-5-02; Ord. No. 4652, 12-07-04; Ord. No. 5206, 12-16-08; Ord. No. 5296, 12-15-09; Ord.
5390, 3-1-11; Ord. No. 6343 , §1(Exh. A), 8-4-20; Ord. No. 6446 , §5, 6-15-21)
155.07 Appeals To The Housing Board—Mobile Homes And Mobile Home Parks
(A) Permit Denied. Any person whose application for a permit under Chapter 175 has been denied may request
and shall be granted a hearing on the matter before the Housing Board.
(B) Permit Suspended. Any person whose permit has been suspended, or who has received notice from the
enforcement officer that his permit will be suspended unless certain conditions or practices at the mobile
home park are corrected, may request and be granted a hearing on the matter before the Housing Board.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 7 of 51
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 5 of 5
(C) Petition Deadline. When no petition for hearing shall have been filed within ten (10) days following the day
on which notice of suspension was served, such permit shall be deemed to have been automatically revoked
at the expiration of such ten (10) days.
(Code 1965, §17B11.2(e); Ord. No. 2109, 6-3-75; Ord. No. 2583, 12-4-79; Ord. No. 3152, 11-19-85; Ord. No. 3153,
11-19-85; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-15-88; Code 1991, §158.67; Ord. No. 4100, §2 (Exh. A), 6-16-
98)
(Code 1965, §§13A-40, 13A-43; Ord. No. 1509, 8-8-66; Code 1991, §§156.017, 156.029; Ord. No. 4100, §2 (Exh. A),
6-16-98; Ord. No. 4652, 12-07-04).
155.08 Appeals From The Construction Board Of Adjustments And Appeals
If the Construction Board of Adjustments and Appeals refuses to extend a building permit pursuant to §173.02
(B)(8) or to issue a new building permit for property for which a building permit has expired pursuant to §173.02
(B)(8), the owner may appeal to the City Council.
(Ord. No. 5019, 5-15-07)
155.09—155.99 Reserved
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 8 of 51
Created: 2024-06-12 09:44:49 [EST]
(Supp. No. 33)
Page 1 of 5
166.02 Development Review Process
(A) Application Submittal
(1) Submittal. All development applications shall be submitted to the Planning Division and will be
processed for review in accordance with Planning Division operating procedures.
(B) Public Meetings. Development applications are required to be processed through the Technical Plat Review
Committee, Subdivision Committee, and Planning Commission as follows:
(1) Technical Plat Review Committee. The following development applications are required to be reviewed
by the Technical Plat Review Committee: Lot split, small site improvement plans, large site
improvement plans, large scale development, planned zoning district, preliminary plat, final pla t, and
concurrent plat. After the Technical Plat Review Committee meeting staff may administratively
approve lot splits, final plats, small site improvement plans, and large site improvement plans after
review for compliance with all applicable codes subject to UDC 166.02(C).
(2) Subdivision Committee. The following development applications are required to be reviewed by the
Subdivision Committee: Large scale development, planned zoning district with development,
preliminary plat, and concurrent plat. From these applications, the Subdivision Committee m ay
approve only large scale developments. Large scale development applications that are subject to
administrative approval shall not be required to be reviewed by the Subdivision Committee.
(3) Planning Commission. The following development applications are required to be reviewed by the
Planning Commission. Preliminary plat, concurrent plat, and planned zoning district with development.
The Planning Commission may approve, deny, table, or approve development applications with
conditions. A planned zoning district cannot be approved by the Planning Commission, but may be
forwarded to City Council. Large scale development applications that are subject to administrative
approval shall not be required to be reviewed by the Planning Commission.
(C) Approval and Denial Criteria
(1) Administrative Approval. The following applications shall be approved administratively by the Planning
Division as long as the proposal meets all requirements of the Unified Development Code: Property line
adjustment, lot split, final plat, small site improvement plan, and large site improvement plan.
Approval by the Planning Commission for these applications is not required unless an appeal is filed in
accordance with Ch. 156 of the UDC.
(a) Reasons for Denial. The Planning Division may refuse administrative approval based on the
following criteria:
(i) Property Line Adjustment; Lot Split. The application does not comply with zoning and
development requirements including, but not limited to: Lot width, lot area, setback
requirements, buildable area, required parking, impervious surface, dedication of required
right-of-way or easements, etc., or the requested action would make an existing non-
conforming property or structure more non-conforming.
(ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the
proposed plat does not meet the zoning and development requirements of the UDC,
and/or the required improvements have not been completed or guaranteed in accordance
with Fayetteville Unified Development Code Chapter 158.
(iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small
or large site improvement plan for any of the following reasons:
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 9 of 51
Created: 2024-06-12 09:44:49 [EST]
(Supp. No. 33)
Page 2 of 5
(a) The development plan is not submitted in accordance with the requirements of
this chapter.
(b) The proposed development would violate a city ordinance, a state statute, or a
federal statute.
(c) The developer refuses to dedicate the street right-of-way, utility easements or
drainage easements required by this chapter.
(d) The proposed development would create or compound a dangerous traffic
condition. For the purpose of this section, a dangerous traffic condition shall be
construed to mean a traffic condition in which the risk of accidents involving
motor vehicles is significant due to factor such as, but not limited to, high traffic
volume, topography, or the nature of the traffic pattern.
(e) City water and sewer is not readily available to the property within the site
improvement plat area and the developer has made no provision for extending
such service to the development.
(f) The developer refused to comply with ordinance requirements or condition of
approval for on-site and off-site improvements.
(2) Subdivision Committee and Planning Commission Approval. The following applications shall be
approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below:
Large scale development, preliminary plat and concurrent plat.
(a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a
large scale development, preliminary plat or concurrent plat for any of the following reasons:
(i) The plat or development plan is not submitted in accordance with the requirements of this
chapter.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by this chapter.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is s ignificant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development, preliminary plat, or concurrent plat and the developer has made no
provision for extending such service to the development.
(vi) The developer refused to comply with ordinance requirements or conditions of approval
for on-site and off-site improvements.
(D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body,
the applicant shall follow the procedures set forth below in order to record the plat or obtain construction
plan approval.
(1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall
submit copies of the approved plats containing all required signatures to the Planning Division for final
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 10 of 51
Created: 2024-06-12 09:44:49 [EST]
(Supp. No. 33)
Page 3 of 5
approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the
Planning Division as required.
(2) Preliminary Plat, Large Scale Development and Small or Large Site Improvement Plan. Receipt of the
approval authorizes the applicant to proceed with:
(a) The preparation of plans, reports and specifications in accordance with City Engineering
requirements including but not limited to:
(i) Street plans, profiles and specification accompanied by soil analyses and design
calculations;
(ii) Storm drainage plans, profiles and specifications accompanied by soil analyses and design
calculations; and
(iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to
be reviewed and approved by City Engineering.
(iv) Final site plans, landscape plans, and other plans, reports and specifications required by the
city to obtain approval.
(b) Once all approvals that are required have been obtained, the applicant may proceed with site
preparation and construction in accordance with the permitted plans.
(E) Building Permits.
(1) Before a building permit is issued the developer shall:
(a) Dedication of Right-of-Way. Dedicate right-of-way in compliance with the city's Master Street
Plan, and in compliance with the requirements for on or off-site improvements.
(b) Dedicate all easements necessary to serve the development as required by the utility providers
and the city. This may be completed by easement plat or separate easement document(s), with
approval of the Planning Division.
(c) Comply with all applicable zoning and development codes.
(d) In addition, for small site improvement plans, large site improvement plans and large scale
developments, the developer shall:
(i) Obtain approval from the appropriate governing body.
(ii) On and Off-Site Improvements. Construct or guarantee required on- and off-site
improvements in accordance with UDC Chapter 158.
(iii) Complete applicable conditions of approval.
(2) In addition to §166.02(E), before a building permit is issued for site that creates between 1,201 and
10,000 square feet of new impervious area, where a corresponding subdivision of land is not proposed,
the developer shall complete, and receive approval of, appropriate grading and drainage
documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City
Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if
they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021 imagery.
Required Mitigation Measures and Documentation by Development Threshold
Development
Threshold
City-wide
Standard
Grading and Drainage/
Stormwater Documentation
Water Quality, Flood, and Tree
Mitigation Measures
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 11 of 51
Created: 2024-06-12 09:44:49 [EST]
(Supp. No. 33)
Page 4 of 5
Level 1 < or =
1,200 sf
of IA
Exempt from Grading and Drainage
provisions except for those still
associated with the Building Permit
process such as HHOD
Exempt
Level 2 1,201—
6,000 sf
of IA
• Completed Green Stormwater
Practice (GSP) Worksheet,
demonstrating Runoff Reduction
via Better Site Design.
• GSP Operation & Maintenance
(O & M) Agreement to ensure the
long-term functionality of these
practices.
• 2 or more measures from Step 1
of Table 2 that Reduce Runoff via
Better Site Design
• 1 or more Green Stormwater
Practices (GSPs) measures from
Step 2 of Table 2 as required to
treat 100% of the proposed
additional impervious and gravel
areas.
• Abbreviated Tree Preservation
Plan
Level 3 6,001—
10,000 sf
of IA
Same as Level 2. • Same as Level 2.
• As needed GSP measures from
Step 3 to further reduce runoff
referred to as extended detention
• Abbreviated Tree Preservation
Plan
(F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale
development, large site improvement plan, or small site improvement plan shall be issued, and no final plat
or concurrent plat shall be signed for recordation until the following have been completed:
(1) The requirements for on and off-site improvements have been completed, and maintenance
bonds/guarantees deposited to city specifications.
(2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing:
(a) The location of all buildings and the setback distance for said buildings from street right-of-way
and adjoining property lines;
(b) The location of any freestanding signs and the setback distance of said signs from street right-of-
way and adjoining property lines;
(c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or
fences;
(d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines;
(e) The location and size of all stormwater features with associated drainage easements
demarcated, where applicable; and
(f) The location and quantity of existing and new impervious area on the property.
(3) The development has been inspected and approved by all applicable city divisions.
(4) All applicable conditions of approval have been completed.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 12 of 51
Created: 2024-06-12 09:44:49 [EST]
(Supp. No. 33)
Page 5 of 5
(Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16—159.18; Ord. No. 4100, §2 (Ex.
A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh.
C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22)
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 13 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 1 of 3
166.23 Urban Residential Design Standards
(A) Purposes.
(1) To protect and enhance Fayetteville's appearance, identity, and natural and economic vitality.
(2) To create appealing street scenes so that development enhances the image of the city and provides
safe, pedestrian-friendly neighborhood environments.
(3) To minimize service and parking impacts in order to preserve surrounding property values and scenic
resources that contribute to the city's economic development.
(4) To compose attractive residential facades that enhance the economic viability of and provide
compatibility with surrounding property.
(B) Applicability. All references to urban residential design standards shall include the following uses as
permitted by right or conditional use in all zoning districts:
(1) Two (2) family dwellings
(2) Three (3) and four (4) family dwellings
(3) Multi-family dwellings
(C) Site Development Standards. The following site development standards shall apply for all urban residential
development.
(1) Intent. The intent of these site development standards is to create a pedestrian-friendly streetscape.
(2) Vehicular Access/Circulation/Parking.
(a) Site access and internal circulation should promote pedestrian safety, efficiency, and
convenience and minimize conflicts between vehicles and pedestrians. Continuous circulation
shall be provided throughout the site to the greatest extent possible creating a complete,
compact, and connected transportation network both within the development and to the
surrounding neighborhood. The visual impact of parking areas should be minimized by locating
parking behind buildings and internal to the site.
(i) Garage entries and carports shall not protrude forward from the principal facade.
Driveways shall extend at least 18 feet into the property from the Master Street Plan right -
of-way to allow parking to occur without encroaching into the right -of-way.
(ii) Parking areas should be accessed by mid-block alleys whenever possible. Developments
should minimize multiple driveways and should utilize a shared access to reduce the
number of vehicle conflicts at the street.
(iii) On-street parallel parking may be provided on at least one (1) side of the street in front of
all multi-family buildings where feasible. Each on-street parking space provided along the
project frontage shall count toward the total required spaces for the development.
(3) [Reserved.]
(4) Pedestrian Circulation.
(a) Ground floor dwelling units adjacent to a public street shall have a primary pedestrian entry that
is visible from the street. This entry shall connect unobstructed to the public sidewalk where
sidewalk exists in a manner to allow occupants to access from the interior of the structure to the
city sidewalk. The connection shall match the sidewalk in material type and shall be at least 3 feet
in width unless otherwise approved by the Zoning and Development Administrator in writing. The
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 14 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 2 of 3
entry may be gated and shared but must occur at a spacing of no fewer than one (1) entrance for
every two (2) street level dwellings. The pedestrian connection to the street may run from the
door along the façade of the building parallel to the street for a maximum of 12 feet from the
door before connecting directly to the public sidewalk.
(b) Urban residential projects shall incorporate pedestrian connections to adjacent residential and
commercial properties where sidewalks exist unless this requirement is otherwise waived by the
Planning Commission.
(5) Screening Requirements if Visible from the Highway/Street Right-of-Way.
(a) Mechanical and Utility Equipment. All mechanical and utility equipment located on the wall
and/or on the ground shall be screened, except for air conditioning window units. All roof
mounted utilities and mechanical equipment shall be screened by incorporating screening into
the structure utilizing materials compatible with the supporting building. Mechanical and utility
equipment over 30 inches in height shall meet building setbacks, unless located in a utility
easement.
(b) Recycling and Trash Containers. Adequate space and screening shall be provided for the
placement of recycling and trash containers in urban residential developments.
(i) Urban residential developments are required to provide adequate space to provide both
recycling and trash services for residents. The Recycling and Trash Collection Division
Director may exercise discretion in approving the dimensional size of the requ ired
enclosure or dedicated space for servicing recycling and trash containers. Large multi-
family urban residential developments typically will be required to provide adequate space
for the placement of two (2) front-end load dumpsters that are easily accessible with a
minimum enclosure dimension of 24 feet wide and 12 feet deep.
(ii) Recycling and trash containers shall be screened by enclosures with materials that are
complementary to the principal structure, with access to the refuse containers not visible
from the public right-of-way.
(c) Screening. Screening shall mean a view obscuring fence, berm, vegetation, architectural
treatment consistent with the residential architecture, or a combination of the four of sufficient
height to prevent the view of the screened items from the public right-of-way. Vegetation shall
be planted at a density sufficient to become view obscuring within two years from the date of
planting.
(6) Fencing. The following types, height, and location of fences shall be prohibited:
(a) Razor and/or Barbed Wire. Razor and/or barbed wire fences are prohibited, unless and except
barbed wire fences are used for agricultural purposes.
(b) Chain Link. Chain link fence is prohibited if closer to the street than the front of the building.
(c) Height of Fences in Front of Buildings. Fences in the front yard area shall have a maximum height
of 42 inches subject to visibility requirements in Chapter 164.09 and 164.17.
(D) Architectural Design Standards.
(1) Intent. The intent of these building design standards is:
(a) To ensure that urban residential buildings add to the character and quality of the community,
offer a sense of security, and make a positive contribution to the life of the street.
(b) To maximize the quality, value and longevity of urban residential neighborhoods.
(c) To make housing appealing and comfortable for its inhabitants.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 15 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 3 of 3
(2) Construction and Appearance Design Standards for Urban Residential Development.
(a) Building Form and Design.
(i) In order to provide a variety in form and design, one (1) building type may not be utilized
more than three (3) times in a development. Each building type shall be differentiated by
variations in materials, colors and roof forms.
(ii) Ancillary structures such as carports, garages, recreational buildings and storage structures
shall be designed as an integral part of the project architecture.
(iii) The following architectural elements shall be required of all principal façades that are
greater than 48 feet wide along the street frontage:
(a) Variations in materials;
(b) Insets or other relief in the wall plane;
(c) Incorporation of two or more of the following:
(1) Balconies;
(2) Bays or bay windows;
(3) Porches;
(4) Dormers;
(5) Porticoes;
(6) Turrets; or
(7) Other architectural feature approved by the Zoning Development
Administrator that meets the intent of the code.
(iv) One (1) or more of the following architectural elements shall be required of all principal
façades that are 48 feet wide or less along the street frontage:
(a) Balconies;
(b) Bays or bay windows;
(c) Porches;
(d) Dormers;
(e) Porticos;
(f) Turrets; or
(g) Other architectural feature approved by the Zoning and Development
Administrator that meets the intent of the Code.
(E) Planning Commission Approval. An applicant may request approval from the Planning Commission of a
variance from the maximum requirements where unique circumstances exist and the effect will not
adversely impact adjoining or neighboring property owners. The applicant shall provide notification to
adjacent property owners prior to the date of the meeting.
(Ord. No. 5118, 3-18-08; Ord. No. 5262, 8-4-09; Ord. No. 5679, 4-15-14; Ord. No. 6170 , §1, 4-2-19; Ord. No. 6357 ,
§§1, 2, 9-15-20; Ord. No. 6508 , §1, 11-16-21; Ord. No. 6658 , §10, 5-2-23)
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 16 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 1 of 11
167.04 Tree Preservation And Protection During Development
(A) Applicability. The provisions of this section shall apply to proposed developments as defined by the Unified
Development Code as follows:
(1) Large Scale Developments.
(2) Large Site Improvement Plan.
(3) Small Site Improvement Plan.
(4) Preliminary Plat.
(5) Final Plat.
(6) Concurrent Plat.
(7) Planned Zoning Districts.
(8) Parking Lots. Tree preservation requirements apply to all permit applications for the construction of
parking lots with five (5) or more spaces. An abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for permits on projects that are required to go
through the subdivision or large scale development process.
(9) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District
shall submit a tree preservation plan with the preliminary plat or site plan. Single and two (2) family
residential development shall submit an abbreviated tree preservation and site pl an at the time of
applying for a building permit.
(10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for grading permits on projects that are not
required to go through the development process.
(11) Building Permits. Tree preservation requirements apply to all permit applications for developments of
greater than 1,200 square feet of impervious area. An abbreviated tree preservation plan, as set forth
in §167.04(H)(3), shall be submitted with the application for building permits on projects that are not
required to go through the subdivision, large scale development, or site improvement plan process.
There shall be no land disturbance, grading, or tree removal until an abbreviated tree pre servation plan
has been submitted and approved, and the tree protection measures at the site inspected and
approved.
(12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree
preservation plan or review from Urban Forestry.
(a) Persons seeking to construct 1,200square feet or less of impervious area are specifically exempt
from the provisions of this section except when the land is located within the Hillside/Hilltop
Overlay District; then all the provisions of this ordinance shall apply.
(b) Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in
an enlargement of the building footprint or roof dripline shall not require an abbreviated tree
preservation plan.
(B) Tree Preservation Criteria. The Urban Forester shall consider the following factors, and any other relevant
information, when evaluating tree preservation plans:
(1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species.
(2) Whether the design incorporates the required tree preservation priorities.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 17 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 2 of 11
(3) The extent to which the area would be subject to environmental degradation due to removal of the
tree or group of trees.
(4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and
the property on which the tree or group of trees is located.
(5) Whether alternative construction methods have been proposed to reduce the impact of development
on existing trees.
(6) Whether the size or shape of the lot reduces the flexibility of the design.
(7) The general health and condition of the tree or group of trees, or the presence of any disease, injury,
or hazard.
(8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the
property.
(9) The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or
maintaining essential public utilities.
(10) Whether proposed roads and proposed utilities are designed in relation to the existing topography,
and routed, where possible, to avoid damage to existing canopy.
(11) Construction requirements of on-site and off-site drainage.
(12) The effects of proposed on-site mitigation or off-site alternatives.
(13) The effect other chapters of the Unified Development Code, or city policies have on the development
design.
(14) The extent to which development of the site and the enforcement of this chapter are impacted by
state and federal regulations.
(15) The impact a substantial modification or rejection of the application would have on the applicant.
*Note—The above items are not presented in any particular order of importance. The weight each is given will
depend in large part on the individual characteristics of each project.
(C) Canopy Area. In all proposed developments that are required to submit a tree preservation plan or
abbreviated tree preservation plan, trees shall be preserved as outlined in Table 1 under Percent Minimum
Canopy, unless the applicant has been approved for on -site mitigation or off-site alternatives as set forth in
§167.04(I) and (J) below. The square foot percentage of canopy area required for preservation in new
development is based on the total area of the property for which the applicant is seeking ap proval, less the
right-of-way and park land dedications. An applicant shall not be required to plant trees in order to reach the
percent minimum canopy requirement on land where less than the minimum exists prior to development.
Table 1
Minimum Canopy Requirements
ZONING DESIGNATIONS PERCENT
MINIMUM
CANOPY
R-A, Residential — Agricultural (nonagricultural uses) 25%
RSF-.5, Single-family Residential — One-Half Unit per Acre 25%
RSF-1, Single-family Residential — One Unit per Acre 25%
RSF-2, Single-family Residential — Two Units per Acre 20%
RSF-4, Single-family Residential — Four Units per Acre 25%
RSF-7, Single-family Residential — Seven Units per Acre 20%
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 18 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 3 of 11
RSF-8, Single-family Residential — Eight Units per Acre 20%
RSF-18, Single-family Residential — Eighteen Units per Acre 20%
R-O, Residential — Office 20%
RI-12, Residential Intermediate — Twelve Units Per Acre 20%
RI-U, Residential Intermediate — Urban 15%
RMF-6, Multi-family Residential — Six Units per Acre 20%
RMF-12, Multi-family Residential — Twelve Units per Acre 20%
RMF-18, Multi-family Residential — Eighteen Units per Acre 20%
RMF-24, Multi-family Residential — Twenty-Four Units per Acre 20%
RMF-40, Multi-family Residential — Forty Units per Acre 20%
NS-L, Neighborhood Services — Limited 20%
NS-G, Neighborhood Services — General 20%
C-1, Neighborhood Commercial 20%
CS, Community Services 20%
C-2, Thoroughfare Commercial 15%
UT, Urban Thoroughfare 15%
C-3, Central Business Commercial 15%
DC, Downtown Core 10%
MSC, Main Street Center 10%
DG, Downtown General 10%
NC, Neighborhood Conservation 20%
I-1, Heavy Commercial and Light Industrial 15%
I-2, General Industrial 15%
P-1, Institutional 25%
PZD, Planned Zoning District
(HHOD)
25%
(30%)
All residential zoning districts and C-1 districts within the Hillside/Hilltop Overlay District shall have their percent
minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%.
(D) Prior Tree Removal.
(1) If trees have been removed below the required percent minimum canopy within the five (5) years
preceding application for a development, the site must be forested to meet the Percent Minimum
Canopy requirements set forth in Table 1, plus an additional 10% of the total area of the property for
which the applicant is seeking approval, less the right-of-way and park land dedications. The number of
trees required to be planted shall be calculated using the base density for high priority trees.
(2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees
were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of
this chapter, the additional 10% reforestation requirement shall be waived.
(E) Tree Preservation Priorities.
(1) Percent Minimum Canopy. Proposed designs must meet the percent minimum canopy requirements
for the particular zoning designation, emphasizing the preservation and protection of high priority
trees on the site. Trees in existing and not to be vacated utility easements shall not b e counted toward
the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to
avoid existing canopy.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 19 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 4 of 11
(2) Existing Natural Features. Each design shall consider the existing natural features of the site, the
preservation priorities for the trees, and the impact their proposed removal may have both on and off -
site.
(3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently
to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater
than or equal to an 8-inch diameter at breast height for large and medium species of trees. High
priority for small species of trees is greater than or equal to a 4-inch diameter. Low priority trees are
invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low
priority trees are less than an 8-inch diameter at breast height for larger and medium species and less
than a 4-inch diameter at breast height for smaller trees species.
(F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be located
in areas that have the least possibility of impact as public infrastructure and proposed utilities are
installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the
use and enjoyment of prospective lot owners. Residential developments requesting tree removal
below the percent minimum canopy requirement may choose either residential on -site mitigation, or
to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be
vacated utility easements shall not be counted toward the percent minimum canopy requirement, and
such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent
minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for
the development of nonresidential developments. The Urban Forester shall recommend to the
Planning Commission the option that will potentially preserve the largest amount of high priority
canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(a) Preservation Plan for Entire Development. The developer may choose to preserve the percent
minimum canopy required for the entire development. With this option, the preserved canopy
shall be located in areas that will not be impacted by future development of the individual lots.
Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in
§167.04(L) below. Should the entire percent minimum canopy requirement for the site be so
protected, the preserved canopy shall be placed in a tree preservation easement and the final
plat shall include a statement that the individual lots, as represented thereon, shall not require
separate tree preservation plans.
(b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall
delineate the area required for the construction of the infrastructure and improvements for the
development. This area should include street rights-of-way, and utility and drainage easements.
Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate
percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal
of trees during the grading of individual lots, unless shown by the developer to be essential to the
project's engineering design. The developer will be required to compensate for the canopy
removed from defined individual lots by making the appropriate payment into the Tree Escr ow
Account. On all other areas of the development, the developer shall protect the existing canopy
during the construction phase in accordance with §167.05 below. The final plat shall include a
statement that the individual lots shall require separate tree preservation plans.
(3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay
District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set
forth in §167.04(H)(3) indicating the location of the structure and the preservat ion of the minimum
tree canopy requirement.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 20 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 5 of 11
(4) Developers have the option of creating cluster development, such as a Planned Zoning District, which
would encourage more open space and tree preservation. In this pattern of development, the trees
preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead
of individual lots required to meet minimum percent requirements. The Tree Preservation Easements
shall be clearly depicted on easement plats or final plats.
(G) Initial Review.
(1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with
the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to
submitting a proposed development to the city. During the initial review, the Urban For ester shall
make recommendations to ensure the proposed subdivision or development complies with the
requirements of this chapter. These recommendations shall be nonbinding. However, applicants
proceed at the risk of higher costs and longer approval times due to changes required by a
noncompliant submittal should they choose not to have the initial review or to disregard the
recommendations of the Urban Forester.
(2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial
review meeting in the Tree Preservation and Protection staff report given to applicants going through
the development review process. If the applicant chooses to attend an initial review meeting, the staff
report shall also document any recommendations made. The Urban Forester shall ensure that a copy of
the report or email becomes part of the permanent file for the project.
(H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree
preservation criteria and percent minimum canopy requirements as set forth under §167.04(B) and (C).
(1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree
preservation analysis to determine the approximate age, health, size and species distribution of the
trees, noting each on a tree preservation plan, and clearly showing the locations and types of all
natural features on a site, including features 100 feet beyond the property lines. The tree preservation
plan shall also specifically depict the applicable preservation priority level for each tree or group of
trees on the site. The plan should include, but not be limited to, delineation of the following features as
they exist on the site:
(a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the
natural drainage patterns;
(b) The property line boundaries of the site;
(c) Soils identified according to the Unified Soil Classification System;
(d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and
Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species,
diameter at breast height (DBH), and the overall health of each significant tree;
(e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species,
average height, diameter at breast height (DBH), and general health of the trees.
(f) All existing utilities and utility easements;
(g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist
on the site or within 100 feet of the limits of disturbance;
(h) Floodplains and floodways on the site;
(i) All existing rights-of-way within and surrounding the project site, including any designated trails
or bike paths; and,
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 21 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 6 of 11
(j) Any other factors that may impact the design of the site.
(2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements,
and delineate in the tree preservation plan the trees to be retained on-site, and the measures to be
implemented for their protection. These measures shall include, but need not be limited to, f encing,
limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly
depict the limits of soil disturbance to include all areas to be graded both on and off-site, as well as the
proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation,
Protection and Landscape Manual for details, examples and specific checklists. Examples can be
provided upon request to the Urban Forester.
(3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for
between 1,201 to 10,000 square feet of impervious area that require building permits, grading, or
parking lot permits, but that do not fall under the requirements for developments required to go
through the development review process of Technical Plat Review Committee, Subdivision Committee
and/or Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The
information for an abbreviated tree preservation plan may be combined with the site plan, plat
drawing, or grading plan. The applicant is expected to show the general location of all existing groups
of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all
areas to be graded, both on and off-site, as well as the proposed location of utilities. Protective
measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be
depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before
applying for any of the above-mentioned permits. The applicant should consult the City of Fayetteville
Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants
submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor
shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated
tree preservation plan.
(4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not
met. The report shall detail the design approaches used to minimize damage to or removal of existing
canopy that were considered in arriving at the proposed design. Written justification shall be presented
as to why individual trees or canopy must be removed. The report shall also detail proposed on -site
mitigation options or off-site alternatives, as detailed below.
(5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas,
preserved trees, and the physical limits of all protective measures on site required during construction.
(6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with
removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban
Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree
preservation plans shall not be required to submit analysis report.
(7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation
Easements for the added protection of trees preserved to meet percent minimum canopy
requirements or trees planted, in those instances where such would be of mutual benefit to the
applicant and the City of Fayetteville.
(I) Request for On-Site Mitigation.
(1) Timing of Request for On-Site Mitigation. Requests to remove trees below the percent minimum
canopy requirement must be incorporated with the applicant's tree preservation plan.
(2) Plan Requirements. The tree preservation plan must graphically represent the species and location for
all existing trees on-site. It shall also include a chart clearly stating the following information:
(a) The number of trees requested for removal;
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 22 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 7 of 11
(b) The percentage below the percent minimum canopy requirement they represent; and
(c) The species and number of trees to be planted based on the forestation requirements below.
(3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or
landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape
Manual.
(4) Forestation Requirements. The number and species of trees required for forestation shall be based
upon the quality of the canopy lost:
(a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy
required, the canopy square footage removed shall be forested at a base density of two hundred
(200), 2-inch caliper trees per acre removed.
(b) Low Priority Canopy. When removing low priority canopy below the percent minimum required,
the canopy square footage removed shall be forested at a base density of one hundred (100), 2 -
inch caliper trees per acre removed.
(5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be
accomplished by forestation on a per acre basis. The base density formula used above is based on 2 -
inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch
caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases,
the number of trees to be planted may be adjusted in accordance with the species table to be found in
the City of Fayetteville Tree Preservation, Protection, and Landscape Manual.
(6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars,
when available, or selected from the list of preferred tree species set forth in the City of Fayetteville
Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the
amount of space available for proper growth on the site, and must be approved by the Urban Forester.
(7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the
environmental benefits of canopy cover are most likely to offset the impact of development. Trees
shall not be placed within utility easements, or in other locations where their future protection cannot
be assured.
(8) Residential On-Site Mitigation. Applicants requesting on-site mitigation for residential developments
shall comply with all the provisions of §167.04(I), as well as the following:
(a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees
based on the forestation requirements as set forth at §167.04(I)(4).
(b) All plans requesting residential on-site mitigation shall include a binding three (3) year
maintenance and monitoring plan, which shall hold the applicant responsible for the health of all
planted trees.
(i) Approval of a plan requesting residential on-site mitigation shall be contingent upon the
applicant depositing with the city an irrevocable letter of credit in an amount equal to the
estimated cost of materials and labor for all trees at the time of planting. The irrevocable
letter of credit must cover the entire three (3) year maintenance and monitoring period.
Applicant shall submit cost estimates to the Urban Forester for approval.
(ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester
shall inspect the site and determine whether 90% of the trees are healthy and have a
reasonable chance of surviving to maturity. Upon such a finding, the city shall release the
letter of credit.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 23 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 8 of 11
(iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or
dead trees, or take other appropriate action as approved by the Urban Forester. If the
applicant does not take remedial steps to bring the property into compliance, the city shall
use the necessary moneys from the landscape establishment guarantee to do so.
(iv) In the event trees are injured or destroyed by natural disasters, including but not limited
to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or
through the independent actions of third parties, the applicant sh all be relieved of the
responsibility of replanting the tree or trees so affected.
(c) Developers requesting mitigation trees be planted along the street right-of-way of residential
developments shall submit a landscape plan that complies with the standards outlined in the City
of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new
trees planted are of the highest quality, require low maintenance, and do not interfere with
public safety. The species of trees to be planted shall be selected from the approved street tree
species list, or be otherwise specifically approved by the Urban Forester. The applicant's
mitigation plan for planting street trees shall describe in detail the method for tracking the
development of the individual lots, which shall best ensure that required number and species of
mitigation trees are planted.
(9) Request for On-Site Mitigation Alternatives (Green Roofs or Green Façades).
(a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious
area and limited space for planting trees to use on-site mitigation alternatives to meet the
mitigation requirements and still contribute beneficial plant materials that provide positive
ecosystem services.
(b) Applicability. On-Site Mitigation Alternatives shall only be allowed as alternatives to planting
trees in form-based zoning districts that allow for mixed-use and do not have a building area
maximum requirement. On-Site Mitigation Alternatives may not be utilized on sites that have
adequate space to meet landscape requirements.
(c) Timing of Request for On-Site Mitigation Alternatives. Requests for on-site alternatives must be
incorporated and submitted concurrently with the applicant's tree preservation plan.
(d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant
species with deeper root systems.
(e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant
species with shallow root systems.
(f) Green Façade. A green façade is created by growing climbing plants up and across the façade of a
building, either from plants grown directly in the ground or a large container of at least 12 inches
of soil medium. Plants can attach directly to the building or be supported with a 12-inch by 12-
inch trellis system connected to the building.
(g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof,
intensive green roof, and green façade in lieu of a mitigation tree shall be based from square
footage of tree canopy.
(i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 2.5 square feet of extensive green roof.
(ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 1.4 square feet of intensive green roof.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 24 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 9 of 11
(iii) The calculation for a green façade shall be done based from a ratio of 1 square foot of tree
canopy to 2.5 square feet of green façade.
(J) Request for Off-Site Alternatives.
(1) Timing of Request for Off-Site Alternatives. Requests for off-site alternatives must be incorporated in,
and submitted concurrently with the applicant's tree preservation plan.
(2) Off-Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or
greater amount of canopy cover at a site within the city limits.
(3) Off-Site Forestation.
(a) If off-site preservation cannot be achieved, the applicant may seek approval from the Urban
Forester to plant the required number of trees on another site owned by the applicant and
located within the city limits. A tree preservation easement must be c onveyed concurrently with
or prior to submission of a final plat by the applicant to the city to protect any off-site
preservation or forestation and the legal description of the tree preservation easement shall also
appear on the final plat.
(b) An applicant may plant and maintain mitigation trees needed for the applicant's development as
to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city
park or public right-of-way if expressly approved by City Council resolution. The City Council shall
seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about
the advisability of forestation of the nearby city park and may apply express conditions including
requiring irrigation to be installed and regular maintenance to be performed by the applicant.
(4) Tree Escrow Account. Tree preservation on-site is always the preferred option, with on-site mitigation,
off-site preservation, off-site forestation, and on-site mitigation alternatives to be considered in
descending order only if the more preferred option cannot be fully achi eved. If none of these options
can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the
developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base
Density requirements which fairly represents the costs of material and labor to plant a tree. The
developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to
ensure each tree survives for that period of time. Tree planting and maintenance costs should be
reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and
maintenance for three (3) years.
(a) Developments proposed as building permits creating between 1,201 – 6000 square feet of
impervious surface under Level 2 as outlined in §166.02(E)(2) are eligible for contribution to the
tree escrow account as an option.
(b) Residential developments which cannot achieve the base density tree requirements through
preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the
money paid into the Tree Escrow Account to plant trees within the development along rights-of-
way, detention ponds, common areas or other areas where trees can be protected and have a
high probability of survival to a mature tree. This shall be accomplished once the development is
built out or as approved by the Urban Forester.
(c) Money contributed in lieu of on-site mitigation or off-site forestation shall be paid prior to
issuance of a building permit on all commercial, industrial, or multi-family residential buildings
and prior to final plat acceptance for all residential and n on-residential subdivisions.
(d) Money contributed under this section:
(i) May be used for canopy mitigation, including planting site identification, tree acquisition,
planting, and maintenance, utilizing either city staff or contract labor;
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 25 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 10 of 11
(ii) Shall not revert to the general fund for ongoing operations.
(e) If it is not possible to plant trees within the development, planting locations will be sought in
appropriate sites within a 1 mile radius of where the original project is located, but if this cannot
be achieved, the moneys shall be used to plant the trees in the park quadrant in which the
development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban
forest analysis should be consulted when identifying appropriate locations to plant escrow
funded trees.
(f) The City of Fayetteville shall refund the portion of the money contributed under this section,
including the accrued interest that has not been expended seven (7) years from the date of the
contribution. Interest shall be based on a 4% annual rate.
(g) Refunds shall be paid to the present owner of the property that was the subject of new
development and against which the fee was assessed and collected.
(h) Notice of the right to a refund, including the amount of the refund and the procedure for
applying for and receiving the refund, shall be sent or served in writing to the applicant no later
than thirty (30) days after the date which the refund becomes du e. The sending by regular mail of
the notices to the applicant shall be sufficient to satisfy the requirement of notice.
(i) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90)
days after the date certain upon which the refund becomes due.
(j) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the
applicant with written notice of those circumstances under which refunds of such fees will be
made. Failure to deliver such written notice shall not invalidate any contribution to the Tree
Escrow Account under this ordinance.
(K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all
recommendations or administrative determinations made regarding an applicant's tree preservation plan.
(1) The form shall clearly indicate whether the Urban Forester is making a final administrative
determination, or a recommendation to the Planning Commission or City Council.
(2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or
"CONDITIONALLY APPROVED," and explain the reasoning therefore.
(3) A statement shall appear on the form explaining the process by which a final administrative
determination may be appealed in accordance with Chapter 155 of the Unified Development Code.
(4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the
permanent file for the project.
(L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation
Easements.
(1) Large scale developments, large site improvements, and commercial preliminary plats are required to
dedicate a tree preservation easement, if any existing tree are to be preserved. The tree preservation
easement shall be the size of the minimum canopy preservation requirement, if possible. If the
minimum tree preservation canopy is not available, the applicant will not be required to dedicate the
minimum canopy preservation. The applicant will have to dedicate a tree preservation easement that is
agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns,
or any subsequent purchasers of the subject property are put on notice as to the existence and extent
of approved tree preservation easements which shall be clearly depicted and noted on the easement
plats for large scale developments, large and small site improvements, commercial final plats, and any
plats with a tree preservation easement. This shall be accompanied by a narrative statement describ ing
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 26 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 11 of 11
the nature of the protection afforded, and bearing the signature of the Urban Forester. If it is
impractical to include the actual depiction of the canopy in a tree preservation easement on the
easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice.
(2) The geographic extent and location of tree preservation easements, once recorded, may only be
modified, or abolished with the express approval of the City Council. Applicants requesting such action
shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is
in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester,
who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Counc il
meeting.
(3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation
easement shall seek prior approval from the Urban Forester, who shall determine if such removal is
consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter.
Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester
determines that natural replacements of sufficient health and vigor are already present in the tree
preservation easement.
(Code 1991, §162.10; Ord. No. 2699, §10, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §6, 4-16-96; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 4539 02-03-04; Ord. No. 4855, 4-18-06; Ord. No. 4930,
10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-10; Ord. No. 5427, 8-2-11; Ord. No. 5513, 7-17-12; Ord. No.
5773, 5-19-15; Ord. No. 5818, 10-20-15; Ord. No. 5824 , §3, 11-17-15; Ord. No. 5945 , §17, 1-17-17; Ord. No. 5986 ,
§§4(Exh. A), 5—35, 7-6-17; Ord. No. 6442 , §§1(Exh. A1), 2(Exh. B), 5(Exh. E), 6(Exh. F), 6-1-21; Ord. No. 6446 ,
§9(Exh. D), 6-15-21)
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - CLEAN ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 27 of 51
CHAPTER 155: APPEALS
Fayetteville, Arkansas, Code of Ordinances Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 1 of 5
CHAPTER 155: APPEALS
155.01 Circuit Court
Unless set forth otherwise below, all appeals from final actions taken by the City Council, Planning Commission,
Board of Adjustment, Construction Board of Adjustment and Appeals, and the Zoning and Development
Administrator shall be taken to the Circuit Court of Washington County.
(Code 1965, App. A., Art. 9(6); Ord. No. 1747, 6-29-70; Ord. No. 2323, 4-5-77; Ord. No. 2538, 7-3-79; Code 1991,
§160.175; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04))
155.02 Form/Time/Place
Unless an appeal is filed with the court, the following requirements shall be met:
(A) Form. All appeals shall be submitted in writing referencing the applicable UDC section(s) and setting out the
reasons the applicant contends the decision was in error and how the applicant is adversely impacted .
(B) Time.
(1) Appeals. Appeals shall be submitted within ten (10) working days from the date of the final action
taken.
(2) Hearings. The entity hearing the appeal shall fix a reasonable time for hearing an appeal.
(C) Place. Appeals shall be filed with the following:
(1) City Clerk. Appeals made to the City Council shall be filed with the City Clerk.
(2) Zoning and Development Administrator. Appeals made to the Planning Commission or Board of
Adjustment shall be filed with the Zoning and Development Administrator.
(3) Building Safety Division Director. Appeals made to the Construction Board of Adjustment and Appeals
Board of Adjustment, [for inspecting purposes] shall be filed with the Building Safety Division Director.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04)
155.03 Stay
An appeal shall stay all proceedings in furtherance of the action appealed from unless the person in charge of
administration of the chapter certified that a stay would, in their opinion cause imminent peril to life or property.
(Code 1965, App. A., Art. 13(3); Ord. No. 1747, 6-29-70; Code 1991, §160.173; Ord. No. 4100, §2 (Ex. A), 6-16-98)
155.04 Council Member Appeal On Behalf Of Resident
A Council Member may bring an appeal on behalf of any resident of the city of a decision by the Planning
Commission to approve subdivision requests (plats, lot splits), and development requests (large scale
developments and large or small site improvement plans). Variances, compliance with applicable design standards,
tree preservation plans and conditions of approval for any development shall be appealed as part of the approval
or denial of a development proposal. Variances, compliance with applicable design standards, tree preservation
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 28 of 51
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 2 of 5
plans and conditions of approval for any development not requiring approval by the Planning Commission or
administrative approval by the Planning Division may be appealed independently.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 6342 , §1, 8-4-20)
155.05 Appeals From Planning Commission Decisions
(A) Appeals to City Council
(1) Owners of record of the property being considered may appeal a decision by the Planning Commission
to deny the following requests in accordance with the procedure set forth in §155.02:
(a) Annexation;
(b) Rezoning;
(c) Required dedication and improvements of §155.06(C);
(d) Subdivision (plats, lot splits, lot line adjustments);
(e) Development (large scale development, large and small site improvement plans);
(f) Vacations of street right-of-way.
(2) Conditions of Approval/Variances, etc. An owner of record may appeal the conditions of approval
determined by the Planning Commission and any adverse decision by the Planning Commission
concerning applicable design standards, tree preservation requirements, streamside protection
requirements and variance requests as part of the conditions of an approved development request or
the denial of such development request. Variances, compliance with applicable design standards, tree
preservation plans and conditions of approval for any development not requiring approval by the
Planning Commission or administrative approval by the Planning Division may be appealed
independently.
(3) Conditional Use Request. Three Council Members may in unison appeal a decision of the Planning
Commission approving or denying a conditional use request.
(Code 1965, §13A-40, App. C., Art. II, Art. V., §B; Ord. No. 1509, 8-8-66; Ord. No. 1750, 7-6-70; Code 1991,
§§156.017, 159.12, 159.54(F)(1), (2), 159.66; Ord. No. 3781, §1, 4-19-94; Ord. No. 3925, §6, 10-3-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4334, 9-4-01; Ord. No. 4340, 10-2-01; Ord. No. 6342 , §2, 8-4-20)
155.06 Appeals From Staff Interpretations And Actions
(A) Appeals to City Council.
(1) The City Engineer's decision to issue a violation notice or stop work order may be appealed to the City
Council by an owner of record of the property in question or a council member on behalf of a resident
of the city.
(2) The Development Review Manager'sZoning and Development Administrator’s decision to deny a
vacation of any public easement (whether constructed or not) or portion thereof may be appealed by
the owner of record of the property.
(B) Appeals to the Board of Adjustment. The following interpretations and decisions may be appealed by an
owner of record of the property in question or a council member on behalf of a resident of the city to the
Board of Adjustment:
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 29 of 51
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 3 of 5
(1) Development Review Manager—ZoningZoning and Development Administrator. An interpretation or
decision regarding zoning matters.
(2) Building Safety Officer—Airport Zone. Any person aggrieved, or any taxpayer affected by any decision
of the Building Safety Officer, made in the administration of Airport Zone, Chapter 165.
(C) Appeals to the Planning Commission.
(1) Development Review Manager'sZoning and Development Administrator’s Required Dedications and
Improvements.
(a) An owner or developer who is aggrieved by the requirements of the Unified Development Code
for land, right-of-way or easement dedications, construction of on-site or off-site improvements,
or payments in lieu of any dedication or improvement, which are in excess of the "rough
proportionality" of the impact of the development upon the city's infrastructure or services may
appeal such requirement to the Planning Commission as a part of the submission of the
preliminary plat, large scale development, subdivision, building permit, lot split, grading permit,
floodplain development permit, or otherwise within ten (10) days of notification of such
development requirements. The appeal must be presented to the Planning Division in writing and
state the grounds, or reasons for the appeal.
(b) The Planning Commission shall determine after public hearing whether the required dedications,
improvements, and fees meet the "rough proportionality" of the impact of the development on
city infrastructure and services. If the requirements are in excess of the "rough proportionality,"
the Planning Commission is empowered to modify or reduce such requirements to achieve
"rough proportionality."
(c) Any potential reduction of impact fees must be approved by the City Council.
(2) Administrative Approvals and Interpretations by Development Review ManagerZoning and
Development Administrator.
(a) A resident of the city or an owner/developer who is aggrieved by a decision of the Development
Review ManagerZoning and Development Administrator regarding development matters that are
approved administratively (as required by Chapter 166.02(C)) may appeal the final development
approval decision affected by this matter to the Planning Commission. The appeal shall be
submitted in writing to the Planning Division within ten (10) working days of the final decision.
The appeal shall be limited to the applicable approval or denial criteria as follows:
(i) The development plan is not submitted in accordance with the requirements of Chapter
166 of the Fayetteville Unified Development Code.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by Chapter 166 of the Fayetteville Unified Development Code.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is s ignificant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development or preliminary plat and the developer has made no provision for extending
such service to the development.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 30 of 51
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 4 of 5
(vi) The developer refused to comply with UDC Ch. 166 pertaining to required on -site and off-
site improvements.
(b) The appellant must include in the letter of appeal the specific code section with which the
development application does not comply.
(c) The Planning Commission shall determine after public hearing whether the interpretation or
discretionary decision should be upheld or modified in part or in whole.
(d) Any staff recommendation to approve or deny some or all of a requested street right -of-way
vacation shall be considered by the Planning commission with recommendations to the City
Council.
(3) City Engineer and Flood Plain Administrator.
(a) Development Matters. An interpretation or decision of the City Engineer or Floodplain
Administrator regarding development matters, including grading, drainage, water and sanitary
sewer systems, and storm drainage systems.
(b) Floodplain Regulations. The decision of the Floodplain Administrator, provided that the Planning
Commission shall hear and decide an appeal only when it is alleged there is an error in any
requirement, decision, or determination made by the Floodplain Administrator in the
enforcement or administration of Chapter 168.
(c) Streamside Protection Zones. An interpretation or decision of the City Engineer concerning the
regulated uses, structures and activities, streamside boundary location or land use exemptions.
(4) Development Review Manager'sZoning and Development Administrator’s Interpretation or Decision of
Other Development Matters. An interpretation or decision of the Development Review ManagerZoning
and Development Administrator regarding development matters including subdivisions, large scale
developments, parking and loading, outdoor lighting, compliance with applicable design standards, or
any other development matters.
(5) Urban Forester—Landscape and Tree Preservation and Protection requirements. Decisions of the Urban
Forester related to landscape and tree preservation and protection requirements.
(D) Appeals to the Construction Board of Adjustment and Appeals. When the administrative authority under
Chapter 173 shall disapprove an application, or the applicant is aggrieved by the interpretation of the
administrative authority, the applicant may appeal the decision to the Construction Board of Adjustment and
Appeals.
(Code 1965, §17B-11.2(d), (e), App. A., Art. 10(6), 19(2), App. B, §III, App. C., Art. 10(6), 19(2), App. B, §III, App. C.,
Art. V, §A; Ord. No. 1747, 6-29-70; Ord. No. 1750, 7-6-70; Ord. No. 2109, 6-375; Ord. No. 2252, 7-6-76; Ord. No.
2538, 7-3-79; Ord. No. 2585, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-14-88;
Code 1991, §§150.03, 158.67(B), 158.68(A), (B), 159.65, 160.048, 160.172, 160.176(A), (B), 161.11, 162.03(B), (C),
163.10(D); Ord. No. 3551, 6-4-91; Ord. No.3587, §1, 1-7-92; Ord. No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93,
Ord. No. 3806, §1, 6-28-94;Ord. No. 3895, §1, 6-20-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3901, §1, 7-5-95; Ord.
No. 3925, §7, 10-3-95; Ord. No. 3963, §9, 4-16-96; Ord. No. 4100, §2 (Exh. A), 6-16-98; Ord. No. 4368, §2, 2-5-02;
Ord. No. 4377, §§1, 2, 3-5-02; Ord. No. 4652, 12-07-04; Ord. No. 5206, 12-16-08; Ord. No. 5296, 12-15-09; Ord.
5390, 3-1-11; Ord. No. 6343 , §1(Exh. A), 8-4-20; Ord. No. 6446 , §5, 6-15-21)
155.07 Appeals To The Housing Board—Mobile Homes And Mobile Home Parks
(A) Permit Denied. Any person whose application for a permit under Chapter 175 has been denied may request
and shall be granted a hearing on the matter before the Housing Board.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 31 of 51
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 5 of 5
(B) Permit Suspended. Any person whose permit has been suspended, or who has received notice from the
enforcement officer that his permit will be suspended unless certain conditions or practices at the mobile
home park are corrected, may request and be granted a hearing on the matter before the Housing Board.
(C) Petition Deadline. When no petition for hearing shall have been filed within ten (10) days following the day
on which notice of suspension was served, such permit shall be deemed to have been automatically revoked
at the expiration of such ten (10) days.
(Code 1965, §17B11.2(e); Ord. No. 2109, 6-3-75; Ord. No. 2583, 12-4-79; Ord. No. 3152, 11-19-85; Ord. No. 3153,
11-19-85; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-15-88; Code 1991, §158.67; Ord. No. 4100, §2 (Exh. A), 6-16-
98)
(Code 1965, §§13A-40, 13A-43; Ord. No. 1509, 8-8-66; Code 1991, §§156.017, 156.029; Ord. No. 4100, §2 (Exh. A),
6-16-98; Ord. No. 4652, 12-07-04).
155.08 Appeals From The Construction Board Of Adjustments And Appeals
If the Construction Board of Adjustments and Appeals refuses to extend a building permit pursuant to §173.02
(B)(8) or to issue a new building permit for property for which a building permit has expired pursuant to §173.02
(B)(8), the owner may appeal to the City Council.
(Ord. No. 5019, 5-15-07)
155.09—155.99 Reserved
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 32 of 51
Created: 2024-06-12 09:44:49 [EST]
(Supp. No. 33)
Page 1 of 5
166.02 Development Review Process
(A) Application Submittal
(1) Submittal. All development applications shall be submitted to the Planning Division and will be
processed for review in accordance with Planning Division operating procedures.
(B) Public Meetings. Development applications are required to be processed through the Technical Plat Review
Committee, Subdivision Committee, and Planning Commission as follows:
(1) Technical Plat Review Committee. The following development applications are required to be reviewed
by the Technical Plat Review Committee: Lot split, small site improvement plans, large site
improvement plans, large scale development, planned zoning district, preliminary plat, final pla t, and
concurrent plat. After the Technical Plat Review Committee meeting staff may administratively
approve lot splits, final plats, small site improvement plans, and large site improvement plans after
review for compliance with all applicable codes subject to UDC 166.02(C).
(2) Subdivision Committee. The following development applications are required to be reviewed by the
Subdivision Committee: Large scale development, planned zoning district with development,
preliminary plat, and concurrent plat. From these applications, the Subdivision Committee m ay
approve only large scale developments. Large scale development applications that are subject to
administrative approval shall not be required to be reviewed by the Subdivision Committee.
(3) Planning Commission. The following development applications are required to be reviewed by the
Planning Commission. Preliminary plat, concurrent plat, and planned zoning district with development.
The Planning Commission may approve, deny, table, or approve development applications with
conditions. A planned zoning district cannot be approved by the Planning Commission, but may be
forwarded to City Council. Large scale development applications that are subject to administrative
approval shall not be required to be reviewed by the Planning Commission.
(C) Approval and Denial Criteria
(1) Administrative Approval. The following applications shall be approved administratively by the Planning
Division as long as the proposal meets all requirements of the Unified Development Code: Property line
adjustment, lot split, final plat, small site improvement plan, and large site improvement plan.
Approval by the Planning Commission for these applications is not required unless an appeal is filed in
accordance with Ch. 156 of the UDC.
(a) Reasons for Denial. The Planning Division may refuse administrative approval based on the
following criteria:
(i) Property Line Adjustment; Lot Split. The application does not comply with zoning and
development requirements including, but not limited to: Lot width, lot area, setback
requirements, buildable area, required parking, impervious surface, dedication of required
right-of-way or easements, etc., or the requested action would make an existing non-
conforming property or structure more non-conforming.
(ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the
proposed plat does not meet the zoning and development requirements of the UDC,
and/or the required improvements have not been completed or guaranteed in accordance
with Fayetteville Unified Development Code Chapter 158.
(iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small
or large site improvement plan for any of the following reasons:
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 33 of 51
Created: 2024-06-12 09:44:49 [EST]
(Supp. No. 33)
Page 2 of 5
(a) The development plan is not submitted in accordance with the requirements of
this chapter.
(b) The proposed development would violate a city ordinance, a state statute, or a
federal statute.
(c) The developer refuses to dedicate the street right-of-way, utility easements or
drainage easements required by this chapter.
(d) The proposed development would create or compound a dangerous traffic
condition. For the purpose of this section, a dangerous traffic condition shall be
construed to mean a traffic condition in which the risk of accidents involving
motor vehicles is significant due to factor such as, but not limited to, high traffic
volume, topography, or the nature of the traffic pattern.
(e) City water and sewer is not readily available to the property within the site
improvement plat area and the developer has made no provision for extending
such service to the development.
(f) The developer refused to comply with ordinance requirements or condition of
approval for on-site and off-site improvements.
(2) Subdivision Committee and Planning Commission Approval. The following applications shall be
approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below:
Large scale development, preliminary plat and concurrent plat.
(a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a
large scale development, preliminary plat or concurrent plat for any of the following reasons:
(i) The plat or development plan is not submitted in accordance with the requirements of this
chapter.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by this chapter.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is s ignificant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development, preliminary plat, or concurrent plat and the developer has made no
provision for extending such service to the development.
(vi) The developer refused to comply with ordinance requirements or conditions of approval
for on-site and off-site improvements.
(D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body,
the applicant shall follow the procedures set forth below in order to record the plat or obtain construction
plan approval.
(1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall
submit copies of the approved plats containing all required signatures to the Planning Division for final
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 34 of 51
Created: 2024-06-12 09:44:49 [EST]
(Supp. No. 33)
Page 3 of 5
approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the
Planning Division as required.
(2) Preliminary Plat, Large Scale Development and Small or Large Site Improvement Plan. Receipt of the
approval authorizes the applicant to proceed with:
(a) The preparation of plans, reports and specifications in accordance with City Engineering
requirements including but not limited to:
(i) Street plans, profiles and specification accompanied by soil analyses and design
calculations;
(ii) Storm drainage plans, profiles and specifications accompanied by soil analyses and design
calculations; and
(iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to
be reviewed and approved by City Engineering.
(iv) Final site plans, landscape plans, and other plans, reports and specifications required by the
city to obtain approval.
(b) Once all approvals that are required have been obtained, the applicant may proceed with site
preparation and construction in accordance with the permitted plans.
(E) Building Permits.
(1) Before a building permit is issued the developer shall:
(a) Dedication of Right-of-Way. Dedicate right-of-way in compliance with the city's Master Street
Plan, and in compliance with the requirements for on or off-site improvements.
(b) Dedicate all easements necessary to serve the development as required by the utility providers
and the city. This may be completed by easement plat or separate easement document(s), with
approval of the Planning Division.
(c) Comply with all applicable zoning and development codes.
(d) In addition, for small site improvement plans, large site improvement plans and large scale
developments, the developer shall:
(i) Obtain approval from the appropriate governing body.
(ii) On and Off-Site Improvements. Construct or guarantee required on- and off-site
improvements in accordance with UDC Chapter 158.
(iii) Complete applicable conditions of approval.
(2) In addition to §166.02(E), before a building permit is issued for site that creates between 1,201 and
10,000 square feet of new impervious area, where a corresponding subdivision of land is not proposed,
the developer shall complete, and receive approval of, appropriate grading and drainage
documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City
Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if
they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021 imagery.
Required Mitigation Measures and Documentation by Development Threshold
Development
Threshold
City-wide
Standard
Grading and Drainage/
Stormwater Documentation
Water Quality, Flood, and Tree
Mitigation Measures
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 35 of 51
Created: 2024-06-12 09:44:49 [EST]
(Supp. No. 33)
Page 4 of 5
Level 1 < or =
1,200 sf
of IA
Exempt from Grading and Drainage
provisions except for those still
associated with the Building Permit
process such as HHOD
Exempt
Level 2 1,201—
6,000 sf
of IA
• Completed Green Stormwater
Practice (GSP) Worksheet,
demonstrating Runoff Reduction
via Better Site Design.
• GSP Operation & Maintenance
(O & M) Agreement to ensure the
long-term functionality of these
practices.
• 2 or more measures from Step 1
of Table 2 that Reduce Runoff via
Better Site Design
• 1 or more Green Stormwater
Practices (GSPs) measures from
Step 2 of Table 2 as required to
treat 100% of the proposed
additional impervious and gravel
areas.
• Abbreviated Tree Preservation
Plan
Level 3 6,001—
10,000 sf
of IA
Same as Level 2. • Same as Level 2.
• As needed GSP measures from
Step 3 to further reduce runoff
referred to as extended detention
• Abbreviated Tree Preservation
Plan
(F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale
development, large site improvement plan, or small site improvement plan shall be issued, and no final plat
or concurrent plat shall be signed for recordation until the following have been completed:
(1) The requirements for on and off-site improvements have been completed, and maintenance
bonds/guarantees deposited to city specifications.
(2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing:
(a) The location of all buildings and the setback distance for said buildings from street right-of-way
and adjoining property lines;
(b) The location of any freestanding signs and the setback distance of said signs from street right-of-
way and adjoining property lines;
(c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or
fences;
(d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines;
(e) The location and size of all stormwater features with associated drainage easements
demarcated, where applicable; and
(f) The location and quantity of existing and new impervious area on the property.
(3) The development has been inspected and approved by all applicable city divisions.
(4) All applicable conditions of approval have been completed.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 36 of 51
Created: 2024-06-12 09:44:49 [EST]
(Supp. No. 33)
Page 5 of 5
(Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16—159.18; Ord. No. 4100, §2 (Ex.
A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh.
C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22)
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 37 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 1 of 3
166.23 Urban Residential Design Standards
(A) Purposes.
(1) To protect and enhance Fayetteville's appearance, identity, and natural and economic vitality.
(2) To create appealing street scenes so that development enhances the image of the city and provides
safe, pedestrian-friendly neighborhood environments.
(3) To minimize service and parking impacts in order to preserve surrounding property values and scenic
resources that contribute to the city's economic development.
(4) To compose attractive residential facades that enhance the economic viability of and provide
compatibility with surrounding property.
(B) Applicability. All references to urban residential design standards shall include the following uses as
permitted by right or conditional use in all zoning districts:
(1) Two (2) family dwellings
(2) Three (3) and four (4) family dwellings
(3) Multi-family dwellings
(C) Site Development Standards. The following site development standards shall apply for all urban residential
development.
(1) Intent. The intent of these site development standards is to create a pedestrian-friendly streetscape.
(2) Vehicular Access/Circulation/Parking.
(a) Site access and internal circulation should promote pedestrian safety, efficiency, and
convenience and minimize conflicts between vehicles and pedestrians. Continuous circulation
shall be provided throughout the site to the greatest extent possible creating a complete,
compact, and connected transportation network both within the development and to the
surrounding neighborhood. The visual impact of parking areas should be minimized by locating
parking behind buildings and internal to the site.
(i) Garage entries and carports shall not protrude forward from the principal facade.
Driveways shall extend at least 18 feet into the property from the Master Street Plan right -
of-way to allow parking to occur without encroaching into the right -of-way.
(ii) Parking areas should be accessed by mid-block alleys whenever possible. Developments
should minimize multiple driveways and should utilize a shared access to reduce the
number of vehicle conflicts at the street.
(iii) On-street parallel parking may be provided on at least one (1) side of the street in front of
all multi-family buildings where feasible. Each on-street parking space provided along the
project frontage shall count toward the total required spaces for the development.
(3) [Reserved.]
(4) Pedestrian Circulation.
(a) Ground floor dwelling units adjacent to a public street shall have a primary pedestrian entry that
is visible from the street. This entry shall connect unobstructed to the public sidewalk where
sidewalk exists in a manner to allow occupants to access from the interior of the structure to the
city sidewalk. The connection shall match the sidewalk in material type and shall be at least 3 feet
in width unless otherwise approved by the Zoning and Development Administrator in writing. The
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 38 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 2 of 3
entry may be gated and shared but must occur at a spacing of no fewer than one (1) entrance for
every two (2) street level dwellings. The pedestrian connection to the street may run from the
door along the façade of the building parallel to the street for a maximum of 12 feet from the
door before connecting directly to the public sidewalk.
(b) Urban residential projects shall incorporate pedestrian connections to adjacent residential and
commercial properties where sidewalks exist unless this requirement is otherwise waived by the
Planning Commission.
(5) Screening Requirements if Visible from the Highway/Street Right-of-Way.
(a) Mechanical and Utility Equipment. All mechanical and utility equipment located on the wall
and/or on the ground shall be screened, except for air conditioning window units. All roof
mounted utilities and mechanical equipment shall be screened by incorporating screening into
the structure utilizing materials compatible with the supporting building. Mechanical and utility
equipment over 30 inches in height shall meet building setbacks, unless located in a utility
easement.
(b) Recycling and Trash Containers. Adequate space and screening shall be provided for the
placement of recycling and trash containers in urban residential developments.
(i) Urban residential developments are required to provide adequate space to provide both
recycling and trash services for residents. The Recycling and Trash Collection Division
Director may exercise discretion in approving the dimensional size of the requ ired
enclosure or dedicated space for servicing recycling and trash containers. Large multi-
family urban residential developments typically will be required to provide adequate space
for the placement of two (2) front-end load dumpsters that are easily accessible with a
minimum enclosure dimension of 24 feet wide and 12 feet deep.
(ii) Recycling and trash containers shall be screened by enclosures with materials that are
complementary to the principal structure, with access to the refuse containers not visible
from the public right-of-way.
(c) Screening. Screening shall mean a view obscuring fence, berm, vegetation, architectural
treatment consistent with the residential architecture, or a combination of the four of sufficient
height to prevent the view of the screened items from the public right-of-way. Vegetation shall
be planted at a density sufficient to become view obscuring within two years from the date of
planting.
(6) Fencing. The following types, height, and location of fences shall be prohibited:
(a) Razor and/or Barbed Wire. Razor and/or barbed wire fences are prohibited, unless and except
barbed wire fences are used for agricultural purposes.
(b) Chain Link. Chain link fence is prohibited if closer to the street than the front of the building.
(c) Height of Fences in Front of Buildings. Fences in the front yard area shall have a maximum height
of 42 inches subject to visibility requirements in Chapter 164.09 and 164.17.
(D) Architectural Design Standards.
(1) Intent. The intent of these building design standards is:
(a) To ensure that urban residential buildings add to the character and quality of the community,
offer a sense of security, and make a positive contribution to the life of the street.
(b) To maximize the quality, value and longevity of urban residential neighborhoods.
(c) To make housing appealing and comfortable for its inhabitants.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 39 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 3 of 3
(2) Construction and Appearance Design Standards for Urban Residential Development.
(a) Building Form and Design.
(i) In order to provide a variety in form and design, one (1) building type may not be utilized
more than three (3) times in a development. Each building type shall be differentiated by
variations in materials, colors and roof forms.
(ii) Ancillary structures such as carports, garages, recreational buildings and storage structures
shall be designed as an integral part of the project architecture.
(iii) The following architectural elements shall be required of all principal façades that are
greater than 48 feet wide along the street frontage:
(a) Variations in materials;
(b) Insets or other relief in the wall plane;
(c) Incorporation of two or more of the following:
(1) Balconies;
(2) Bays or bay windows;
(3) Porches;
(4) Dormers;
(5) Porticoes;
(6) Turrets; or
(7) Other architectural feature approved by the Zoning Development
Administrator that meets the intent of the code.
(iv) One (1) or more of the following architectural elements shall be required of all principal
façades that are 48 feet wide or less along the street frontage:
(a) Balconies;
(b) Bays or bay windows;
(c) Porches;
(d) Dormers;
(e) Porticos;
(f) Turrets; or
(g) Other architectural feature approved by the Development Review Manager
Zoning and Development Administrator that meets the intent of the Code.
(E) Planning Commission Approval. An applicant may request approval from the Planning Commission of a
variance from the maximum requirements where unique circumstances exist and the effect will not
adversely impact adjoining or neighboring property owners. The applicant shall provide notification to
adjacent property owners prior to the date of the meeting.
(Ord. No. 5118, 3-18-08; Ord. No. 5262, 8-4-09; Ord. No. 5679, 4-15-14; Ord. No. 6170 , §1, 4-2-19; Ord. No. 6357 ,
§§1, 2, 9-15-20; Ord. No. 6508 , §1, 11-16-21; Ord. No. 6658 , §10, 5-2-23)
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 40 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 1 of 11
167.04 Tree Preservation And Protection During Development
(A) Applicability. The provisions of this section shall apply to proposed developments as defined by the Unified
Development Code as follows:
(1) Large Scale Developments.
(2) Large Site Improvement Plan.
(3) Small Site Improvement Plan.
(4) Preliminary Plat.
(5) Final Plat.
(6) Concurrent Plat.
(7) Planned Zoning Districts.
(8) Parking Lots. Tree preservation requirements apply to all permit applications for the construction of
parking lots with five (5) or more spaces. An abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for permits on projects that are required to go
through the subdivision or large scale development process.
(9) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District
shall submit a tree preservation plan with the preliminary plat or site plan. Single and two (2) family
residential development shall submit an abbreviated tree preservation and site pl an at the time of
applying for a building permit.
(10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for grading permits on projects that are not
required to go through the development process.
(11) Building Permits. Tree preservation requirements apply to all permit applications for developments of
greater than 6,000 1,200 square feet of impervious area. An abbreviated tree preservation plan, as set
forth in §167.04(H)(3), shall be submitted with the application for building permits on projects that are
not required to go through the subdivision, or large scale development, or site improvement plan
process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree
preservation plan has been submitted and approved, and the tree protection measures at the site
inspected and approved.
(12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree
preservation plan or review from Urban Forestry.
(a) Persons seeking to construct 6,000 1,200 square feet or less of impervious area are specifically
exempt from the provisions of this section except when the land is located within the
Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply.
(b) Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in
an enlargement of the building footprint or roof dripline shall not require an abbreviated tree
preservation plan.
(B) Tree Preservation Criteria. The Urban Forester shall consider the following factors, and any other relevant
information, when evaluating tree preservation plans:
(1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species.
(2) Whether the design incorporates the required tree preservation priorities.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 41 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 2 of 11
(3) The extent to which the area would be subject to environmental degradation due to removal of the
tree or group of trees.
(4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and
the property on which the tree or group of trees is located.
(5) Whether alternative construction methods have been proposed to reduce the impact of development
on existing trees.
(6) Whether the size or shape of the lot reduces the flexibility of the design.
(7) The general health and condition of the tree or group of trees, or the presence of any disease, injury,
or hazard.
(8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the
property.
(9) The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or
maintaining essential public utilities.
(10) Whether proposed roads and proposed utilities are designed in relation to the existing topography,
and routed, where possible, to avoid damage to existing canopy.
(11) Construction requirements of on-site and off-site drainage.
(12) The effects of proposed on-site mitigation or off-site alternatives.
(13) The effect other chapters of the Unified Development Code, or city policies have on the development
design.
(14) The extent to which development of the site and the enforcement of this chapter are impacted by
state and federal regulations.
(15) The impact a substantial modification or rejection of the application would have on the applicant.
*Note—The above items are not presented in any particular order of importance. The weight each is given will
depend in large part on the individual characteristics of each project.
(C) Canopy Area. In all proposed developments that are required to submit a tree preservation plan or
abbreviated tree preservation plan, trees shall be preserved as outlined in Table 1 under Percent Minimum
Canopy, unless the applicant has been approved for on -site mitigation or off-site alternatives as set forth in
§167.04(I) and (J) below. The square foot percentage of canopy area required for preservation in new
development is based on the total area of the property for which the applicant is seeking ap proval, less the
right-of-way and park land dedications. An applicant shall not be required to plant trees in order to reach the
percent minimum canopy requirement on land where less than the minimum exists prior to development.
Table 1
Minimum Canopy Requirements
ZONING DESIGNATIONS PERCENT
MINIMUM
CANOPY
R-A, Residential — Agricultural (nonagricultural uses) 25%
RSF-.5, Single-family Residential — One-Half Unit per Acre 25%
RSF-1, Single-family Residential — One Unit per Acre 25%
RSF-2, Single-family Residential — Two Units per Acre 20%
RSF-4, Single-family Residential — Four Units per Acre 25%
RSF-7, Single-family Residential — Seven Units per Acre 20%
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 42 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 3 of 11
RSF-8, Single-family Residential — Eight Units per Acre 20%
RSF-18, Single-family Residential — Eighteen Units per Acre 20%
R-O, Residential — Office 20%
RI-12, Residential Intermediate — Twelve Units Per Acre 20%
RI-U, Residential Intermediate — Urban 15%
RMF-6, Multi-family Residential — Six Units per Acre 20%
RMF-12, Multi-family Residential — Twelve Units per Acre 20%
RMF-18, Multi-family Residential — Eighteen Units per Acre 20%
RMF-24, Multi-family Residential — Twenty-Four Units per Acre 20%
RMF-40, Multi-family Residential — Forty Units per Acre 20%
NS-L, Neighborhood Services — Limited 20%
NS-G, Neighborhood Services — General 20%
C-1, Neighborhood Commercial 20%
CS, Community Services 20%
C-2, Thoroughfare Commercial 15%
UT, Urban Thoroughfare 15%
C-3, Central Business Commercial 15%
DC, Downtown Core 10%
MSC, Main Street Center 10%
DG, Downtown General 10%
NC, Neighborhood Conservation 20%
I-1, Heavy Commercial and Light Industrial 15%
I-2, General Industrial 15%
P-1, Institutional 25%
PZD, Planned Zoning District
(HHOD)
25%
(30%)
All residential zoning districts and C-1 districts within the Hillside/Hilltop Overlay District shall have their percent
minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%.
(D) Prior Tree Removal.
(1) If trees have been removed below the required percent minimum canopy within the five (5) years
preceding application for a development, the site must be forested to meet the Percent Minimum
Canopy requirements set forth in Table 1, plus an additional 10% of the total area of the property for
which the applicant is seeking approval, less the right-of-way and park land dedications. The number of
trees required to be planted shall be calculated using the base density for high priority trees.
(2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees
were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of
this chapter, the additional 10% reforestation requirement shall be waived.
(E) Tree Preservation Priorities.
(1) Percent Minimum Canopy. Proposed designs must meet the percent minimum canopy requirements
for the particular zoning designation, emphasizing the preservation and protection of high priority
trees on the site. Trees in existing and not to be vacated utility easements shall not b e counted toward
the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to
avoid existing canopy.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 43 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 4 of 11
(2) Existing Natural Features. Each design shall consider the existing natural features of the site, the
preservation priorities for the trees, and the impact their proposed removal may have both on and off -
site.
(3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently
to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater
than or equal to an 8-inch diameter at breast height for large and medium species of trees. High
priority for small species of trees is greater than or equal to a 4-inch diameter. Low priority trees are
invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low
priority trees are less than an 8-inch diameter at breast height for larger and medium species and less
than a 4-inch diameter at breast height for smaller trees species.
(F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be located
in areas that have the least possibility of impact as public infrastructure and proposed utilities are
installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the
use and enjoyment of prospective lot owners. Residential developments requesting tree removal
below the percent minimum canopy requirement may choose either residential on -site mitigation, or
to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be
vacated utility easements shall not be counted toward the percent minimum canopy requirement, and
such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent
minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for
the development of nonresidential developments. The Urban Forester shall recommend to the
Planning Commission the option that will potentially preserve the largest amount of high priority
canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(a) Preservation Plan for Entire Development. The developer may choose to preserve the percent
minimum canopy required for the entire development. With this option, the preserved canopy
shall be located in areas that will not be impacted by future development of the individual lots.
Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in
§167.04(L) below. Should the entire percent minimum canopy requirement for the site be so
protected, the preserved canopy shall be placed in a tree preservation easement and the final
plat shall include a statement that the individual lots, as represented thereon, shall not require
separate tree preservation plans.
(b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall
delineate the area required for the construction of the infrastructure and improvements for the
development. This area should include street rights-of-way, and utility and drainage easements.
Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate
percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal
of trees during the grading of individual lots, unless shown by the developer to be essential to the
project's engineering design. The developer will be required to compensate for the canopy
removed from defined individual lots by making the appropriate payment into the Tree Escr ow
Account. On all other areas of the development, the developer shall protect the existing canopy
during the construction phase in accordance with §167.05 below. The final plat shall include a
statement that the individual lots shall require separate tree preservation plans.
(3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay
District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set
forth in §167.04(H)(3) indicating the location of the structure and the preservat ion of the minimum
tree canopy requirement.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 44 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 5 of 11
(4) Developers have the option of creating cluster development, such as a Planned Zoning District, which
would encourage more open space and tree preservation. In this pattern of development, the trees
preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead
of individual lots required to meet minimum percent requirements. The Tree Preservation Easements
shall be clearly depicted on easement plats or final plats.
(G) Initial Review.
(1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with
the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to
submitting a proposed development to the city. During the initial review, the Urban For ester shall
make recommendations to ensure the proposed subdivision or development complies with the
requirements of this chapter. These recommendations shall be nonbinding. However, applicants
proceed at the risk of higher costs and longer approval times due to changes required by a
noncompliant submittal should they choose not to have the initial review or to disregard the
recommendations of the Urban Forester.
(2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial
review meeting in the Tree Preservation and Protection staff report given to applicants going through
the development review process. If the applicant chooses to attend an initial review meeting, the staff
report shall also document any recommendations made. The Urban Forester shall ensure that a copy of
the report or email becomes part of the permanent file for the project.
(H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree
preservation criteria and percent minimum canopy requirements as set forth under §167.04(B) and (C).
(1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree
preservation analysis to determine the approximate age, health, size and species distribution of the
trees, noting each on a tree preservation plan, and clearly showing the locations and types of all
natural features on a site, including features 100 feet beyond the property lines. The tree preservation
plan shall also specifically depict the applicable preservation priority level for each tree or group of
trees on the site. The plan should include, but not be limited to, delineation of the following features as
they exist on the site:
(a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the
natural drainage patterns;
(b) The property line boundaries of the site;
(c) Soils identified according to the Unified Soil Classification System;
(d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and
Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species,
diameter at breast height (DBH), and the overall health of each significant tree;
(e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species,
average height, diameter at breast height (DBH), and general health of the trees.
(f) All existing utilities and utility easements;
(g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist
on the site or within 100 feet of the limits of disturbance;
(h) Floodplains and floodways on the site;
(i) All existing rights-of-way within and surrounding the project site, including any designated trails
or bike paths; and,
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 45 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 6 of 11
(j) Any other factors that may impact the design of the site.
(2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements,
and delineate in the tree preservation plan the trees to be retained on-site, and the measures to be
implemented for their protection. These measures shall include, but need not be limited to, f encing,
limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly
depict the limits of soil disturbance to include all areas to be graded both on and off-site, as well as the
proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation,
Protection and Landscape Manual for details, examples and specific checklists. Examples can be
provided upon request to the Urban Forester.
(3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for
between 6,001 1,201 to 10,000 square feet of impervious area that require building permits, grading,
or parking lot permits, but that do not fall under the requirements for developments required to go
through the development review process of Technical Plat Review Committee, Subdivision Committee
and/or Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The
information for an abbreviated tree preservation plan may be combined with the site plan, plat
drawing, or grading plan. The applicant is expected to show the general location of all existing groups
of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all
areas to be graded, both on and off-site, as well as the proposed location of utilities. Protective
measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be
depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before
applying for any of the above-mentioned permits. The applicant should consult the City of Fayetteville
Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants
submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor
shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated
tree preservation plan.
(4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not
met. The report shall detail the design approaches used to minimize damage to or removal of existing
canopy that were considered in arriving at the proposed design. Written justification shall be presented
as to why individual trees or canopy must be removed. The report shall also detail proposed on -site
mitigation options or off-site alternatives, as detailed below.
(5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas,
preserved trees, and the physical limits of all protective measures on site required during construction.
(6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with
removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban
Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree
preservation plans shall not be required to submit analysis report.
(7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation
Easements for the added protection of trees preserved to meet percent minimum canopy
requirements or trees planted, in those instances where such would be of mutual benefit to the
applicant and the City of Fayetteville.
(I) Request for On-Site Mitigation.
(1) Timing of Request for On-Site Mitigation. Requests to remove trees below the percent minimum
canopy requirement must be incorporated with the applicant's tree preservation plan.
(2) Plan Requirements. The tree preservation plan must graphically represent the species and location for
all existing trees on-site. It shall also include a chart clearly stating the following information:
(a) The number of trees requested for removal;
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 46 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 7 of 11
(b) The percentage below the percent minimum canopy requirement they represent; and
(c) The species and number of trees to be planted based on the forestation requirements below.
(3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or
landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape
Manual.
(4) Forestation Requirements. The number and species of trees required for forestation shall be based
upon the quality of the canopy lost:
(a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy
required, the canopy square footage removed shall be forested at a base density of two hundred
(200), 2-inch caliper trees per acre removed.
(b) Low Priority Canopy. When removing low priority canopy below the percent minimum required,
the canopy square footage removed shall be forested at a base density of one hundred (100), 2 -
inch caliper trees per acre removed.
(5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be
accomplished by forestation on a per acre basis. The base density formula used above is based on 2 -
inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch
caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases,
the number of trees to be planted may be adjusted in accordance with the species table to be found in
the City of Fayetteville Tree Preservation, Protection, and Landscape Manual.
(6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars,
when available, or selected from the list of preferred tree species set forth in the City of Fayetteville
Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the
amount of space available for proper growth on the site, and must be approved by the Urban Forester.
(7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the
environmental benefits of canopy cover are most likely to offset the impact of development. Trees
shall not be placed within utility easements, or in other locations where their future protection cannot
be assured.
(8) Residential On-Site Mitigation. Applicants requesting on-site mitigation for residential developments
shall comply with all the provisions of §167.04(I), as well as the following:
(a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees
based on the forestation requirements as set forth at §167.04(I)(4).
(b) All plans requesting residential on-site mitigation shall include a binding three (3) year
maintenance and monitoring plan, which shall hold the applicant responsible for the health of all
planted trees.
(i) Approval of a plan requesting residential on-site mitigation shall be contingent upon the
applicant depositing with the city an irrevocable letter of credit in an amount equal to the
estimated cost of materials and labor for all trees at the time of planting. The irrevocable
letter of credit must cover the entire three (3) year maintenance and monitoring period.
Applicant shall submit cost estimates to the Urban Forester for approval.
(ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester
shall inspect the site and determine whether 90% of the trees are healthy and have a
reasonable chance of surviving to maturity. Upon such a finding, the city shall release the
letter of credit.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 47 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 8 of 11
(iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or
dead trees, or take other appropriate action as approved by the Urban Forester. If the
applicant does not take remedial steps to bring the property into compliance, the city shall
use the necessary moneys from the landscape establishment guarantee to do so.
(iv) In the event trees are injured or destroyed by natural disasters, including but not limited
to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or
through the independent actions of third parties, the applicant sh all be relieved of the
responsibility of replanting the tree or trees so affected.
(c) Developers requesting mitigation trees be planted along the street right-of-way of residential
developments shall submit a landscape plan that complies with the standards outlined in the City
of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new
trees planted are of the highest quality, require low maintenance, and do not interfere with
public safety. The species of trees to be planted shall be selected from the approved street tree
species list, or be otherwise specifically approved by the Urban Forester. The applicant's
mitigation plan for planting street trees shall describe in detail the method for tracking the
development of the individual lots, which shall best ensure that required number and species of
mitigation trees are planted.
(9) Request for On-Site Mitigation Alternatives (Green Roofs or Green Façades).
(a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious
area and limited space for planting trees to use on-site mitigation alternatives to meet the
mitigation requirements and still contribute beneficial plant materials that provide positive
ecosystem services.
(b) Applicability. On-Site Mitigation Alternatives shall only be allowed as alternatives to planting
trees in form-based zoning districts that allow for mixed-use and do not have a building area
maximum requirement. On-Site Mitigation Alternatives may not be utilized on sites that have
adequate space to meet landscape requirements.
(c) Timing of Request for On-Site Mitigation Alternatives. Requests for on-site alternatives must be
incorporated and submitted concurrently with the applicant's tree preservation plan.
(d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant
species with deeper root systems.
(e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant
species with shallow root systems.
(f) Green Façade. A green façade is created by growing climbing plants up and across the façade of a
building, either from plants grown directly in the ground or a large container of at least 12 inches
of soil medium. Plants can attach directly to the building or be supported with a 12-inch by 12-
inch trellis system connected to the building.
(g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof,
intensive green roof, and green façade in lieu of a mitigation tree shall be based from square
footage of tree canopy.
(i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 2.5 square feet of extensive green roof.
(ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 1.4 square feet of intensive green roof.
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 48 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 9 of 11
(iii) The calculation for a green façade shall be done based from a ratio of 1 square foot of tree
canopy to 2.5 square feet of green façade.
(J) Request for Off-Site Alternatives.
(1) Timing of Request for Off-Site Alternatives. Requests for off-site alternatives must be incorporated in,
and submitted concurrently with the applicant's tree preservation plan.
(2) Off-Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or
greater amount of canopy cover at a site within the city limits.
(3) Off-Site Forestation.
(a) If off-site preservation cannot be achieved, the applicant may seek approval from the Urban
Forester to plant the required number of trees on another site owned by the applicant and
located within the city limits. A tree preservation easement must be c onveyed concurrently with
or prior to submission of a final plat by the applicant to the city to protect any off-site
preservation or forestation and the legal description of the tree preservation easement shall also
appear on the final plat.
(b) An applicant may plant and maintain mitigation trees needed for the applicant's development as
to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city
park or public right-of-way if expressly approved by City Council resolution. The City Council shall
seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about
the advisability of forestation of the nearby city park and may apply express conditions including
requiring irrigation to be installed and regular maintenance to be performed by the applicant.
(4) Tree Escrow Account. Tree preservation on-site is always the preferred option, with on-site mitigation,
off-site preservation, off-site forestation, and on-site mitigation alternatives to be considered in
descending order only if the more preferred option cannot be fully achi eved. If none of these options
can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the
developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base
Density requirements which fairly represents the costs of material and labor to plant a tree. The
developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to
ensure each tree survives for that period of time. Tree planting and maintenance costs should be
reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and
maintenance for three (3) years.
(a) Developments proposed as building permits under Level 2 as outlined in §166.02(E)(2) are
eligible for contribution to the tree escrow account as an option.
(ba) Residential developments which cannot achieve the base density tree requirements through
preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the
money paid into the Tree Escrow Account to plant trees within the development along rights-of-
way, detention ponds, common areas or other areas where trees can be protected and have a
high probability of survival to a mature tree. This shall be accomplished once the development is
built out or as approved by the Urban Forester.
(cb) Money contributed in lieu of on-site mitigation or off-site forestation shall be paid prior to
issuance of a building permit on all commercial, industrial, or multi-family residential buildings
and prior to final plat acceptance for all residential and n on-residential subdivisions.
(dc) Money contributed under this section:
(i) May be used for canopy mitigation, including planting site identification, tree acquisition,
planting, and maintenance, utilizing either city staff or contract labor;
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 49 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 10 of 11
(ii) Shall not revert to the general fund for ongoing operations.
(ed) If it is not possible to plant trees within the development, planting locations will be sought in
appropriate sites within a 1 mile radius of where the original project is located, but if this cannot
be achieved, the moneys shall be used to plant the trees in the park quadrant in which the
development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban
forest analysis should be consulted when identifying appropriate locations to plant escrow
funded trees.
(fe) The City of Fayetteville shall refund the portion of the money contributed under this section,
including the accrued interest that has not been expended seven (7) years from the date of the
contribution. Interest shall be based on a 4% annual rate.
(gf) Refunds shall be paid to the applicant who made the original contributionthe present owner of
the property that was the subject of new development and against which the fee was assessed
and collected.
(hg) Notice of the right to a refund, including the amount of the refund and the procedure for
applying for and receiving the refund, shall be sent or served in writing to the applicant no later
than thirty (30) days after the date which the refund becomes du e. The sending by regular mail of
the notices to the applicant shall be sufficient to satisfy the requirement of notice.
(ih) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90)
days after the date certain upon which the refund becomes due.
(ji) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the
applicant with written notice of those circumstances under which refunds of such fees will be
made. Failure to deliver such written notice shall not invalidate any contribution to the Tree
Escrow Account under this ordinance.
(K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all
recommendations or administrative determinations made regarding an applicant's tree preservation plan.
(1) The form shall clearly indicate whether the Urban Forester is making a final administrative
determination, or a recommendation to the Planning Commission or City Council.
(2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or
"CONDITIONALLY APPROVED," and explain the reasoning therefore.
(3) A statement shall appear on the form explaining the process by which a final administrative
determination may be appealed in accordance with Chapter 155 of the Unified Development Code.
(4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the
permanent file for the project.
(L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation
Easements.
(1) Large scale developments, large scale site improvements, and commercial preliminary plats are
required to dedicate a tree preservation easement, if any existing tree are to be preserved. The tree
preservation easement shall be the size of the minimum canopy preservation requirement, if possibl e.
If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate
the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement
that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors,
assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and
extent of approved tree preservation easements which shal l be clearly depicted and noted on the
easement plats for large scale developments, large scale and small site improvements, commercial
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 50 of 51
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 11 of 11
final plats, and any plats with a tree preservation easement. This shall be accompanied by a narrative
statement describing the nature of the protection afforded, and bearing the signature of the Urban
Forester. If it is impractical to include the actual depiction of the canopy in a tree preservation
easement on the easement plat, or final plat itself, a note cross referencing an accompanying
document shall suffice.
(2) The geographic extent and location of tree preservation easements, once recorded, may only be
modified, or abolished with the express approval of the City Council. Applicants requesting such action
shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is
in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester,
who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Counc il
meeting.
(3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation
easement shall seek prior approval from the Urban Forester, who shall determine if such removal is
consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter.
Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester
determines that natural replacements of sufficient health and vigor are already present in the tree
preservation easement.
(Code 1991, §162.10; Ord. No. 2699, §10, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §6, 4-16-96; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 4539 02-03-04; Ord. No. 4855, 4-18-06; Ord. No. 4930,
10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-10; Ord. No. 5427, 8-2-11; Ord. No. 5513, 7-17-12; Ord. No.
5773, 5-19-15; Ord. No. 5818, 10-20-15; Ord. No. 5824 , §3, 11-17-15; Ord. No. 5945 , §17, 1-17-17; Ord. No. 5986 ,
§§4(Exh. A), 5—35, 7-6-17; Ord. No. 6442 , §§1(Exh. A1), 2(Exh. B), 5(Exh. E), 6(Exh. F), 6-1-21; Ord. No. 6446 ,
§9(Exh. D), 6-15-21)
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Page 51 of 51
Form vi 52
I
•
Account#: NWCL5004205
Company: CITY OF FAYE 1-l•bVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number#: 421533
PO#:
Matter of: ORD 6773
AFFIDAVIT•STATE OF ARKANSAS
I, Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6773
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.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$448.40.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 07/21/24;NWA nwaonline.com 07/21/24
L al Clerk .�`�\\��'� $RA e sy/
g �.� J .•�\SSIoN'••F.9'%
State of ARKANSAS,County of Sebastian I �4.- 2,12 9..
OTARy
Subscribed and sworn to before me on this 22nd day of July,2024 =cn: er•age ` :a
;••• PUBL\G o 2
ii•MM. a t 2-(1,/R.
�/I/llllllll\\1\
ARY PUBLIC
Ordinance:6773 the denial of such development meets the Intent of the Code.'
File Number: 2024-299 request.Variances,compliance PASSED and APPROVED on
UNIFIED DEVELOPMENT with applicable design Stan- July 16,2024
CODE-CHAPTERS 155,166.23 dards,tree preservation plans Approved:
(AMENDMENT): and conditions of approval for Lioneld Jordan.Mayor
AN ORDINANCE TO AMEND§ any development not requiring Attest:
155 APPEALS AND § 166.23 approval by the Planning Com- Kern Paxton,
URBAN RESIDENTIAL DESIGN mission or administrative ap- City Clerk Treasurer
STANDARDS OF THE-UNIFIED proval by the Planning Division This publication was paid for
DEVELOPMENT CODE TO MOD- may be appealed independ- by the City Clerk-Treasurer of
IFY DEVELOPMENT REQUIRE- ently." the City of Fayetteville,
MENTS ASSOCIATED WITH Section 5:That the City Coun- Arkansas.
APPEALS cil of the City of Fayetteville, Amount Paid:$448.40
WHEREAS,in 2021,major or- Arkansas hereby repeals § July 21,2024 421533
dinance changes were approved 155.06 Appeals From Staff In-
by City Council to revamp terpretations And Actions(A)(2)
drainage and development and enacts a new § 155.06
standards, with a secondary (A)(2)as follows:
goal of incentivizing intill;and "The Zoning and Develop-
WHEREAS,staff audited the ment Administrator's decision to
outcomes of these changes,and deny a vacation of any public
identified four main areas that easement(whether constructed
require revision and clarifies- or not)or portion thereof may be
tion:Parkland Dedication,Proj- appealed by the owner of record
ect Classification,Application of of the property."
Tree Preservation standards, Section 6:That the City Coun-
and Timeliness of Variances and cil of the City of Fayetteville,
Appeals. Arkansas hereby repeals §
NOW,THEREFORE,BE IT OR- 155.06 Appeals From Staff In-
DAINED BY THE CITY COUNCIL terpretations And Actions(B)(1)
OF THE CITY OF FAYETTEVILLE, and enacts a new § 155.06
ARKANSAS: (B)(1)as follows:
Section 1: That the City "Zoning and Development
Council of the City of Fayet- Administrator.An interpretation
tevllle,Arkansas hereby repeals or decision regarding zoning
§155.02 Form/Tlme/Place(A) matters.'
and enacts a new§155.02(A) Section 7:That the City Coun-
as follows: cil of the City of Fayetteville,
"Form. All appeals shall be Arkansas hereby repeals §
submitted in writing referencing 155.06 Appeals From Staff In-
the applicable UDC sections(s) terpretations And Actions(C)(1)
and setting out the reasons the and enacts a new § 155.06
applicant contends the decision (C)(1)as follows:
was in error and how the appli- "Zoning and Development
cant is adversely impacted." Administrator's Required Dedi-
Section 2: That the City cations and Improvements."
Council of the City of Fayet- Section 6:That the City Coun-
teville,Arkansas hereby repeals co of the City of Fayetteville,
§ 155.02 Form/Time/Place Arkansas hereby repeals §
(CX3) and enacts a new § 155.06 Appeals From Staff In-
155.02(C)(3)as follows: terpretations And Actions(C)(2)
"Building Safety Division Di- and enacts a new § 155.06
rector. Appeals made to the (C)(2)as follows:
Construction Board of Adjust- "Administrative Approvals
ment and Appeals shall be filed and Interpretations by Zoning
with the Building Safety Division and Development Administra-
Director." tor.'
Section 3: That the City Section 9: That the City
Council of the City of Fayet- Council of the City of Fayet-
teville,Arkansas hereby repeals tevllle,Arkansas hereby repeals
§155.04 Council Member Ap- §155.06 Appeals From Staff In-
peal On Behalf of Resident and terpretations And Actions
enacts a new§155.04 as fol- (C)(2))(e)and enacts a new§
lows: 155.06(C)(2)(a)as follows:
"A Council Member may bring "A resident of the city or an
an appeal on behalf of any res- owner/developer who is eg-
Ident of the city of a decision by grieved by a decision of the
the Planning Commission to ap- Zoning and Development Ad-
prove subdivision requests ministrator regarding develop-
(plats,lot splits),end develop- meet matters that are approved
ment requests(large scale de- administratively(as required by
velopments and large or small Chapter 166.02(C))may appeal
site improvement plans). Vert- the final development approval
antes,compliance with applica- decision affected by this matter
ble design standards, tree to the Planning Commission.
preservation plans and condi- The appeal shall be submitted in
tions of approval for any decal- writing to the Planning Division
opment shall be appealed as within ten(10)working days of
part of the approval or denial of the final decision."
a development proposal. Van- Section 10: That the City
antes,compliance with applica- Council of the City of Fayet-
ble design standards, tree teville,Arkansas hereby repeals
preservation plans and condi- §155.06Appeals From Staff In •
-
tions of approval for any devel- terpretations And Actions(C)(4)
opment not requiring approval and enacts a new § 155.06
by the Planning Commission or (C)(4)as follows:
administrative approval by the "Zoning and Development
Planning Division may be ap- Administrator's Interpretation or
pealed independently." Decision of Other Development
Section 4:That the City Coun- Matters. An interpretation or
cil of the City of Fayetteville, decision of the Zoning and De-
Arkansas hereby repeals § velopment Administrator re-
155.05 Appeals to City Council garding development matters
Conditions of ApprovalNari- Including subdivisions, large
antes,etc.(A)(2)and enacts a scale developments, parking
new§155.05(A)(2)as follows: and loading,outdoor lighting,
"Conditions of ApprovalNari- compliance with applicable de •
-
ances,etc.An owner of record sign standards,or any other de-
may appeal the conditions of velopment matters."
approval determined by the Section 11: That the City
Planning Commission and any Council of the City of Fayet-
adverse decision by the Plan- teville,Arkansas hereby repeals
ping Commission concerning §166.23 Urban Residential De-
applicable design standards, sign Standards(DX2)(iv)(g)and
tree preservation requirements, enacts a new § 166.23
streamside protection require- (D)(2)(iv)(9)as follows:
meets and variance requests as "Other architectural feature
part of the conditions of an ap- approved by the Zoning and De-
proved development request or velopment Administrator that