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Home My WebLink AboutOrdinance 6793113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6793 File Number: 2024-481 UNIFIED DEVELOPMENT CODE - CHAPTER 161 (AMENDMENT): AN ORDINANCE TO AMEND CHAPTER 161 ZONING REGULATIONS OF THE UNIFIED DEVELOPMENT CODE TO ENACT § 161.36 URBAN CORRIDOR AND ESTABLISH ZONING REGULATIONS FOR THE NEW ZONING DISTRICT, TO AMEND § 160.01 ESTABLISHMENT OF DISTRICTS TO ADD THE NEW DISTRICT, TO AMEND § 163.11 SEXUALLY ORIENTED BUSINESS TO ALLOW SEXUALLY ORIENTED BUSINESSES AS A CONDITIONAL USE, TO AMEND § 164.25 TANDEM LOT DEVELOPMENT TO ESTABLISH BUILDING SETBACKS FOR TANDEM LOTS, TO AMEND § 167.04 TREE PRESERVATION AND PROTECTION DURING DEVELOPMENT TO ESTABLISH A MINIMUM CANOPY REQUIREMENT, AND TO AMEND CHAPTER 174 SIGNS TO ESTABLISH SIGN REGULATIONS FOR THE NEW ZONING DISTRICT WHEREAS, following delivery of the Fayetteville Housing Assessment in October 2023, the City Council passed Resolution 278-23 affirming its support for the 71B Corridor Regulating Plan and Work Program and, upon approval, Planning staff began to study and ultimately recommend to the City Council a rezoning of the 71B Corridor to allow for the construction of housing, as recommended by the assessment; and WHEREAS, in May and June of 2024, Planning staff facilitated a series of seven public meetings and exhibits that communicated the intent of a proposed rezoning and sought input on aspects of zoning that would be preferred, including permitted and disallowed uses, building height, setbacks, and tree protection; and WHEREAS, due to the input received, staff began working on a draft of a new zoning district that responded more directly to the public input and the Planning Commission expressed an interest in evaluating a new district; and WHEREAS, staff recommends establishing a new zoning district titled "UC, Urban Corridor" and, on August 26, 2024, the Planning Commission voted to recommend approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 161 Zoning Regulations of the Unified Development Code by enacting a new § 161.36 Urban Corridor as follows: "161.36 Urban Corridor (A) Purpose. The Urban Corridor District is designed to provide a mix of commercial uses and housing along corridors that provide multi -modal transportation options. The district encourages walkable commercial, residential, and mixed -use developments in urban form that enhance function, economic vitality, and appearance along major Page 1 Ordinance: 6793 File Number: 2024-481 urban thoroughfares. (B) Uses. 1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 10 Three- and Four -Family Dwellings Unit 13 Eating places Unit 14 Hotel, Motel, and Amusement Facilities Unit 16 Shopping Goods Unit 19 Commercial Recreation, Small Sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor Stores Unit 40 Sidewalk Cafes Unit 41 Accessory Dwellings Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of the above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 8 Single -Family Dwellings Unit 9 Two -Family Dwellings Unit 17 Transportation trades and services Unit 18 Gasoline Service Stations and Drive-Thru Restaurants Unit 20 Commercial Recreation, Large Sites Unit 21 Warehousing and Wholesale Unit 28 Center for Collecting Recyclable Materials Page 2 Ordinance: 6793 File Number: 2024-481 Unit 29 Dance Halls Unit 32 Sexually Oriented Business Unit 35 Outdoor Music Establishments Unit 36 Wireless communication facilities Unit 42 Clean Technologies Unit 43 Animal Boarding and Training Unit 44 Cluster Housing Development (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. None. (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 30 feet from the front property line. Side and rear: None Side or rear, when contiguous 15 feet to a single-family residential district: (F) Minimum Buildable Street Frontage. 50% of lot width. Building Height Maximum 18 stories Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.01 Establishment of Districts by inserting the following between C-3, Central Business Commercial and UT, Urban Thoroughfare: UC I Urban Corridor Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals the introductory sentence of subsection (B) Conditional Use of § 163.11 Sexually Oriented Business and enacts a replacement as follows: "Conditional Use. Sexually oriented businesses shall not be allowed in any zoning district except UC and C-2 where they may be allowed as conditional uses subject to the following:" Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (B)(5)(e) of § 164.25 Tandem Lot Development by adding "UC" to the list of those zoning districts with a 5-foot minimum building Page 3 Ordinance:6793 File Number:2024-481 setback. Section 5: That the City Council of the City of Fayetteville,Arkansas hereby amends subsection(C) Canopy Area of§ 167.04 Tree Preservation and Protection During Development by inserting the following between C-2, Central Business Commercial and UT, Urban Thoroughfare: UC, Urban Corridor 20% Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (C) Real Estate Signs in Chapter 174 Signs by adding"UC"to the table between "I" and "UT" authorizing illuminated 32 square foot signs in the new district. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends subsections (A)(4) and (B)(2)(f), (C)(3),and(D)(2)of§ 174.10 On-Site Freestanding Signs by inserting"UC"after"P-1." Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (D)of§ 174.12 Wall Signs by inserting"UC"after"P-I." PASSED and APPROVED on September 17,2024 Approved: Attest: ��ttIttgt�� 0`' y,/ T R • FC = ;FAY ETTEV;I_I_i_;^� Li eld ordan, ayo Kara Paxton, City C erk Treasurer 7 7; •�� %ys•.'�karl`�Q'••J This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ I IOBS• 0\ Page 4 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2024 CITY COUNCIL MEMO 2024-481 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Britin Bostick, Long Range Planning/Special Projects Manager SUBJECT: ADM-2024-0039: Administrative Item (Amend UDC Chapter 161 —Zoning Regulations): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to UDC Chapter 161 to create a new zoning district section 161.36 called Urban Corridor and set zoning regulations for the new district including permitted and conditional uses, lot dimensional standards, setbacks, and building height. Additionally, amendments are proposed to section 160.01 — Establishment of Districts to add the new district, section 163.11 — Sexually Oriented Business to allow sexually oriented businesses as a conditional use, section 164.25 — Tandem Lot Development to establish building setbacks for tandem lots, section 167.04 — Tree Preservation and Protection During Development to establish a minimum canopy requirement, and chapter 174 — Signs to establish sign regulations for the new zoning district. RECOMMENDATION: City staff and the Planning Commission recommend approval of an amendment to the Unified Development Code creating 161.36, Urban Corridor, and amending section 160.01 — Establishment of Districts, section 163.11 — Sexually Oriented Business, section 164.25 — Tandem Lot Development, section 167.04 — Tree Preservation and Protection During Development, and chapter 174 — Signs. BACKGROUND: Following delivery of the Fayetteville Housing Assessment in October 2023, the Fayetteville City Council passed Resolution 278-23 on December 5, 2023, affirming their support for the 71 B Corridor Regulating Plan and Work Program. The resolution referenced prior actions to further the vision captured in the 71 B Corridor Plan, including: Transfer of ownership of the 71 B right-of-way from the Arkansas Department of Transportation to the City of Fayetteville, Authorization of planning work for the reconstruction of the streetscape, and Streetscape improvements underway or complete for portions of the 71 B corridor. On approval of Resolution 278-23, City of Fayetteville Planning staff began project work to study and ultimately make a recommendation to the City Council on a rezoning of the 71 B Corridor to allow for the construction of housing, as recommended by the 2023 Housing Assessment. In May and June of 2024, Planning staff facilitated a series of seven public meetings and exhibits that communicated the intent of a proposed rezoning and sought input on aspects of zoning that would be preferred, including permitted and disallowed uses, Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 building height, setbacks, and tree protection. Approximately 100 people attended these in -person events, with approximately 75 people taking the in -person survey. An online survey on the city's Speak Up survey platform was available in the month of June, with 799 respondents. Planning staff reviewed those comments as well as public comments made in public hearings on development applications at both Planning Commission and City Council meetings over the course of the past year and compared the input to the city's existing zoning districts. The online survey results and combined in -person results are attached to this memo. Ultimately, the input received did not entirely align with an existing zoning district, and staff began working on a draft of a new zoning district that responded more directly to the public input received. Planning staff presented public input to the Planning Commission at their annual retreat held on June 8, 2024, and solicited feedback from the commissioners on whether to approach a proposed rezoning using existing zoning district(s) or with a new zoning district created in response to the feedback received. Commissioners expressed an interest in evaluating a new zoning district in addition to options for using existing zoning districts. Staff subsequently brought three separate draft proposals to the Planning Commission in their Long Range Planning Committee meetings in the months of June and July: one that proposed rezoning the parcels in the project study area to Urban Thoroughfare (UT) only, one that proposed rezoning the parcels in the project study area to a combination of UT and Main Street Center (MSC) zoning, with the MSC zoning applied at or near major intersections, and one that proposed a new zoning district, which began as "Urban General" but has been renamed to "Urban Corridor" in the course of the project. Downtown General (DG) zoning was also considered as it was proposed at the in -person meetings and in the online survey. However, as staff evaluated the various zoning districts in consideration side by side, the DG zoning district would have provided the most restrictive reduction in permitted uses, with several existing uses not being permitted or conditional in the DG zoning district. A side -by -side comparison of the zoning districts evaluated in that process, including the proposed new Urban Corridor district, is attached to this memo. DISCUSSION: The purpose of this amendment is to establish a new zoning district titled "Urban Corridor" (UC). Through discussion with the Planning Commission in June and July, staff developed UC in response to community input that leaned toward reducing instances of vehicle -oriented uses and site design in favor of zoning that supports walkable urban environments and that permits a mix of housing and commercial uses. The UC zoning district is intended to acknowledge the legacy of highway -oriented development and commercial -only zoning prominent along N. College Ave. and S. School Ave. and bridge existing zoning districts (primarily the UT and DG zoning districts) by adding higher -density housing types as permitted uses and requiring approval of a Conditional Use Permit for many vehicle -oriented uses rather than excluding them entirely. One goal for the corridor is to facilitate a transit -supportive minimum density of 10 dwelling units per acre. As a result, single and two-family dwellings require a Conditional Use Permit as those housing types are typically constructed at a lower density than a goal transit -supportive minimum density for the corridor of 10 dwelling units or more per acre. Additionally, smaller scale residential developments do not leverage infrastructure to the fiscally responsible levels associated with multi -family and mixed -use development. Effective use of 71 B's existing infrastructure, including street, water, and sewer, is a component of both the 71 B Corridor Plan. A site design advantage to the proposed UC zoning district is that no minimum lot size or lot width is proposed, meaning lots would not have a zoning requirement to have street frontage, although street frontage may be required for utility connections depending on the lot, site, and utility configuration. The zoning district is not proposed to have a front setback, usually associated with large front parking lots and buildings set back from the street. Instead, a 0'-30' front build -to zone is proposed, meaning future buildings would need to be located within the front 30' of the property where it abuts a public right-of-way. Siting buildings closer to the street creates shorter connections to building entrances for cyclists and pedestrians and creates a more urban streetscape when fully built out. Buildings would need to be built across a minimum of 50% of the lot frontage but could still utilize up to half of the frontage for vehicle circulation and site design elements. No side or rear Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 setbacks are proposed unless the property is contiguous to a single-family residential zoning district, in which case the setback would be 15 feet. The building height maximum is proposed to be eight stories. The proposed UC zoning district is attached, as well as a detailed listing of permitted uses, uses that would require approval of a Conditional Use Permit, and uses that would not be permitted. With the addition of a new zoning district comes amendments to other sections of the Unified Development Code (UDC). In this instance, amendments are also needed to: • Section 160.01 — Establishment of Zoning Districts to add UC to the list of zoning districts. • Section 163.11 — Sexually Oriented Business to allow sexually oriented businesses in the UC zoning district as a conditional use. • Section 164.25 — Tandem Lot Development to establish building setbacks of 5 feet from all property lines for tandem lots, the same as for the mixed use zoning districts listed in Section 164.25(B)(5)(e). • Section 167.04 — Tree Preservation and Protection During Development to establish a minimum canopy requirement for the UC zoning district in Section 167.04(C) Table 1. This is proposed to be 20%, similar to some of the higher -intensity residential zoning districts and lower intensity commercial districts, and in acknowledgement of public input favoring tree canopy and the large amount of existing wooded hillside and intact tree canopy area along portions of the corridor. • Chapter 174 — Signs to establish sign regulations for the new zoning district: 0 174.03(C) — Exemptions to add UC to the table of signs in the row permitted to be illuminated and 32" in area. 0 174.10(A)(4), 174.10(13)(2)(f), 174.10(C)(3), and 174.10(D)(2) to add the UC zoning district to the list of commercial and mixed use zoning districts to define which sign regulations are applicable for the new district. The Planning Commission considered the proposal at their August 26, 2024, meeting. Commissioners discussed potential amendments to the proposed zoning district, including removing short-term rentals from permitted uses and/or making them a conditional use, adjusting the build -to -zone to a more narrow allowance of 0'-15' from the front property line, and adding a limitation to the proposed 8-story building height for a building step back requirement similar to what is described in the C-2 (Commercial Thoroughfare) zoning district. Commissioners expressed concerns about permitting additional short-term rentals in an area meant to be part of providing housing solutions for Fayetteville residents and whether the citywide cap on type 2 short- term rentals provided a sufficient impediment to that use along the corridor. Also of concern was the broad range of outcomes that could be possible with a 0'-30' build -to -zone compared to limiting that setback to just 15' behind the property line and creating more certainty in the expectations and outcomes for building placement. Commissioners also discussed with staff concerns about tall buildings constructed in proximity to single-family homes and whether fire access requirements were sufficient to buffer residential neighborhoods from proposed tall buildings. Ultimately, the Planning Commission voted to forward the item to the City Council, receiving one comment in favor during the public hearing and no comments prior. The motion to forward was made by Commissioner Castin and seconded by Commissioner Garlock. A vote of 6-2-0 followed, with Commissioners Werner and Payne voting not to forward. Commissioner Werner preferred to address short-term rental concerns prior to forwarding the item to Council. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit A - Proposed Ordinance (#4), Proposed Ordinance - Strikethrough (#5), ADM-2024-0039 PC Report (#6), 71 B Rezoning Speak Up Results (#7), 71 B Public Input Combined Results Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 (#8), 71 B Zoning Comparisons (#9), EAC Letter of Support (#10) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-481 ADM-2024-0039: Administrative Item (Amend UDC Chapter 161— Zoning Regulations): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to UDC Chapter 161 to create a new zoning district section 161.36 called Urban Corridor and set zoning regulations for the new district including permitted and conditional uses, lot dimensional standards, setbacks, and building height. Additionally, amendments are proposed to section 160.01— Establishment of Districts to add the new district, section 163.11— Sexually Oriented Business to allow sexually oriented businesses as a conditional use, section 164.25 — Tandem Lot Development to establish building setbacks for tandem lots, section 167.04 — Tree Preservation and Protection During Development to establish a minimum canopy requirement, and chapter 174 — Signs to establish sign regulations for the new zoning district. AN ORDINANCE TO AMEND CHAPTER 161 ZONING REGULATIONS OF THE UNIFIED DEVELOPMENT CODE TO ENACT § 161.36 URBAN CORRIDOR AND ESTABLISH ZONING REGULATIONS FOR THE NEW ZONING DISTRICT, TO AMEND § 160.01 ESTABLISHMENT OF DISTRICTS TO ADD THE NEW DISTRICT, TO AMEND § 163.11 SEXUALLY ORIENTED BUSINESS TO ALLOW SEXUALLY ORIENTED BUSINESSES AS A CONDITIONAL USE, TO AMEND § 164.25 TANDEM LOT DEVELOPMENT TO ESTABLISH BUILDING SETBACKS FOR TANDEM LOTS, TO AMEND § 167.04 TREE PRESERVATION AND PROTECTION DURING DEVELOPMENT TO ESTABLISH A MINIMUM CANOPY REQUIREMENT, AND TO AMEND CHAPTER 174 SIGNS TO ESTABLISH SIGN REGULATIONS FOR THE NEW ZONING DISTRICT WHEREAS, following delivery of the Fayetteville Housing Assessment in October 2023, the City Council passed Resolution 278-23 affirming its support for the 71B Corridor Regulating Plan and Work Program and, upon approval, Planning staff began to study and ultimately recommend to the City Council a rezoning of the 71 B Corridor to allow for the construction of housing, as recommended by the assessment; and WHEREAS, in May and June of 2024, Planning staff facilitated a series of seven public meetings and exhibits that communicated the intent of a proposed rezoning and sought input on aspects of zoning that would be preferred, including permitted and disallowed uses, building height, setbacks, and tree protection; and WHEREAS, due to the input received, staff began working on a draft of a new zoning district that responded more directly to the public input and the Planning Commission expressed an interest in evaluating a new district; and WHEREAS, staff recommends establishing a new zoning district titled "UC, Urban Corridor" and, on Page 1 Ordinance: 6793 File Number: 2024-481 August 26, 2024, the Planning Commission voted to recommend approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 161 Zoning Regulations of the Unified Development Code by enacting a new § 161.36 Urban Corridor as follows: "161.36 Urban Corridor (A) Purpose. The Urban Corridor District is designed to provide a mix of commercial uses and housing along corridors that provide multi -modal transportation options. The district encourages walkable commercial, residential, and mixed -use developments in urban form that enhance function, economic vitality, and appearance along major urban thoroughfares. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 10 Three- and Four -Family Dwellings Unit 13 Eating places Unit 14 Hotel, Motel, and Amusement Facilities Unit 16 Shopping Goods Unit 19 Commercial Recreation, Small Sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor Stores Unit 40 Sidewalk Cafes Unit 41 Accessory Dwellings Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of the above uses is permitted upon any lot within this zone. Conditional uses Page 2 Ordinance: 6793 File Number: 2024-481 shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 8 Single -Family Dwellings Unit 9 Two -Family Dwellings Unit 17 Transportation trades and services Unit 18 Gasoline Service Stations and Drive-Thru Restaurants Unit 20 Commercial Recreation, Large Sites Unit 21 Warehousing and Wholesale Unit 28 Center for Collecting Recyclable Materials Unit 29 Dance Halls Unit 32 Sexually Oriented Business Unit 35 Outdoor Music Establishments Unit 36 Wireless communication facilities Unit 42 Clean Technologies Unit 43 Animal Boarding and Training Unit 44 Cluster Housing Development (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. None. (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 30 feet from the front property line. Side and rear: None Side or rear, when 15 feet Page 3 Ordinance: 6793 File Number: 2024-481 contiguous to a single- family residential district: (F) Minimum Buildable Street Frontage. 50% of lot width. G Building Height Regulations. Building Height Maximum 8 stories Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.01 Establishment of Districts by inserting the following between C-3, Central Business Commercial and UT, Urban Thoroughfare: UC Urban Corridor Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals the introductory sentence of subsection (B) Conditional Use of § 163.11 Sexually Oriented Business and enacts a replacement as follows: "Conditional Use. Sexually oriented businesses shall not be allowed in any zoning district except UC and C-2 where they may be allowed as conditional uses subject to the following:" Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (B)(5)(e) of § 164.25 Tandem Lot Development by adding "UC" to the list of those zoning districts with a 5-foot minimum building setback. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (C) Canopy Area of § 167.04 Tree Preservation and Protection During Development by inserting the following between C-2, Central Business Commercial and UT, Urban Thoroughfare: UC, Urban Corridor 20% Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (C) Real Estate Signs in Chapter 174 Signs by adding "UC" to the table between "I" and "UT" authorizing illuminated 32 square foot signs in the new district. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends subsections (A)(4) and (B)(2)(f), (C)(3), and (13)(2) of § 174.10 On -Site Freestanding Signs by inserting "UC" after "P- 1." Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (D) of § 174.12 Wall Signs by inserting "UC" after "P-1." Page 4 Britin Bostick Submitted By City of Fayetteville Staff Review Form 2024-481 Item ID 9/17/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/30/2024 LONG RANGE PLANNING (634) Submitted Date Division / Department Action Recommendation: ADM-2024-0039: Administrative Item (Amend UDC Chapter 161— Zoning Regulations): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to UDC Chapter 161 to create a new zoning district section 161.36 called Urban Corridor and set zoning regulations for the new district including permitted and conditional uses, lot dimensional standards, setbacks, and building height. Additionally, amendments are proposed to section 160.01— Establishment of Districts to add the new district, section 163.11— Sexually Oriented Business to allow sexually oriented businesses as a conditional use, section 164.25 — Tandem Lot Development to establish building -4-k- 1- 4:-, +-,.,.J-- 1-+, --+;-- I C-7 nn - _r'_ . --A +.. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20221130 Previous Ordinance or Resolution # Approval Date: 161.36 Urban Corridor (A) Purpose. The Urban Corridor District is designed to provide a mix of commercial uses and housing along corridors that provide multi -modal transportation options. The district encourages walkable commercial, residential, and mixed -use developments in urban form that enhance function, economic vitality, and appearance along major urban thoroughfares. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 10 Three- and Four -Family Dwellings Unit 13 1 Eating places Unit 14 Hotel, Motel, and Amusement Facilities Unit 16 Shopping Goods Unit 19 Commercial Recreation, Small Sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor Stores Unit 40 Sidewalk Cafes Unit 41 Accessory Dwellings Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 8 Single -Family Dwellings Unit 9 Two -Family Dwellings Unit 17 Transportation trades and services Unit 18 Gasoline Service Stations and Drive-Thru Restaurants Unit 20 Commercial Recreation, Large Sites Unit 21 Warehousing and Wholesale Unit 28 Center for Collecting Recyclable Materials Unit 29 Dance Halls Unit 32 Sexually Oriented Business Unit 35 Outdoor Music Establishments Unit 36 Wireless communication facilities Unit 42 Clean Technologies Unit 43 Animal Boarding and Training Unit 44 Cluster Housing Development Page 1 of 2 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. None. (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 30 feet from the front property line. Side and rear: None Side or rear, when contiguous to 15 feet a single-family residential district: (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 18 stories Page 2 of 2 160.01 Establishment Of Districts The following zoning districts are hereby established: ZONING DISTRICTS R-A Residential - Agricultural RSF-.5 Residential Single-family - One -Half (%) Unit per Acre RSF-1 Residential Single-family - One (1) Unit per Acre RSF-2 Residential Single-family - Two (2) Units per Acre RSF-4 Residential Single-family - Four (4) Units per Acre RSF-7 Residential Single-family - Seven (7) Units per Acre RSF-8 Residential Single-family - Eight (8)Units per Acre RSF-18 Residential Single-family - Eighteen (18) Units per Acre RI Residential Intermediate, Twelve (12) Units Per Acre RI-U Residential Intermediate - Urban RMF-6 Residential Multi -family - Six (6) Units per Acre RMF-12 Residential Multi -family - Twelve (12) Units per Acre RMF-18 Residential Multi -family - Eighteen (18) Units per Acre RMF-24 Residential Multi -family - Twenty -Four (24) Units per Acre RMF-40 Residential Multi -family - Forty (40) Units per Acre R-O Residential -Office NS-L Neighborhood Services - Limited NS-G Neighborhood Services - General C-1 Neighborhood Commercial CS Community Services C-2 Thoroughfare Commercial C-3 Central Business Commercial UC Urban Corridor UT Urban Thoroughfare DC Downtown Core MSC Main Street Center DG Downtown General NC Neighborhood Conservation 1-1 Heavy Commercial and Light Industrial 1-2 General Industrial P-1 Institutional E-1 Extraction DOD Design Overlay District PZD I Planned Zoning District Page 1 of 1 163.11 Sexually Oriented Business (A) Classification. Sexually oriented businesses are classified as follows: (1) Adult arcade; (2) Adult bookstores and adult video stores; (3) Adult cabarets; (4) Adult motion picture theaters; and (5) Adult theaters. (B) Conditional Use. Sexually oriented businesses shall not be allowed in any zoning district except UC and C-2 where they may be allowed as conditional uses subject to the following: (1) No sexually oriented business may be operated within 500 feet of: (a) A church; (b) A public or private elementary, secondary, or post -secondary school, pre-school or child care facility; (c) A public park. (2) No sexually oriented business may be operated: (a) Within 200 feet of a boundary of a residential zone or any residential use; (b) Within 400 feet of a residential zone or any residential use as measured by automobile travel distance from the exit of a sexually oriented business property to the property line or the residential zone or use; (3) No sexually oriented business may be operated within 1,000 feet of another sexually oriented business or within 200 feet of any room, building, premises, place or establishment that sells or dispenses alcohol or beer. (4) For the purpose of this subsection (1), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot. Page 1 of 1 164.25 Tandem Lot Development (A) Where Allowed. Tandem lot development shall be permitted for a single-family dwelling and customary accessory structure and/or dwelling unit only and shall be permitted in all districts where single-family dwellings are permitted. The development of one (1) tandem lot behind another tandem lot shall be prohibited. (B) Requirements. Development of a tandem lot shall be subject to the following requirements: (1) The tandem lot shall have access to a public street by way of a private drive with a minimum width and specification, such as a vehicular turnaround, as determined by emergency response providers in accordance with applicable local, state, and federal codes. The tandem lot owner shall be responsible for maintaining said private drive so that emergency vehicles have safe access to the dwelling located on the lot. Parking of vehicles in the designated private drive for emergency vehicle access shall not be permitted. The tandem lot owner shall have title to, or a perpetual private easement in, the private drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum distance of 18 feet from said right-of-way in accordance with the driveway design standards in Fayetteville Unified Development Code Chapter 172. (2) The distance between the private drive of a tandem lot and any adjacent driveway shall not be less than the minimum distance between curb cuts in Fayetteville Unified Development Code Chapter 166 Street Design and Access Management Standards. (3) Solid waste service for the tandem lot shall be provided by customers placing standard residential garbage carts, recycling bins, and yard waste at a designated collection point on trash day in accordance with City of Fayetteville Code of Ordinances Chapter 50.20(B). The designated collection point shall be identified at the time the tandem lot is created, in coordination with the City Solid Waste Division. Garbage carts and recycling bins shall not be placed at the collection point more than twelve (12) hours before or after regular trash pickup in accordance with Chapter 50.20(B). (4) Lot Width and Area. The tandem lot, excluding the private drive, shall conform to the minimum lot width and lot area requirements of the zoning district in which it is located, unless a variance is otherwise granted by the Board of Adjustment. (5) Setback. Each tandem lot shall have a minimum building setback requirement as follows: (a) Tandem lots shall have a minimum building setback requirement of 35 feet from all property lines in the R-A, RSF-.5, and RSF-1 zoning districts. (b) Tandem lots shall have a minimum building setback requirement of 30 feet from all property lines in the RSF-2 zoning district. (c) Tandem lots shall have a minimum building setback requirement of 15 feet from all property lines in the RSF-4 and RSF-7 zoning districts. (d) Tandem lots shall have a minimum building setback requirement of 10 feet from all property lines in the R-0 zoning district. (e) Tandem lots shall have a minimum building setback requirement of 5 feet from all property lines in the RSF-8, RSF-18, RI-12, RI-U, RMF-6, RMF-12, RMF-18, RMF-24, RMF-40, NS-L, NS-G, CS, UC, UT, DC, MSC, DG, and NC zoning districts. (f) Any variance to the minimum building setback requirement may only be granted by the Board of Adjustment. (C) Variances. Variances to the requirements in (B)(1)—(B)(3) of this section shall be administered as development regulations to be considered by the Planning Commission. All other variances to zoning Page 1 of 2 regulations, including those in (8)(4) and (13)(5), shall be administered as zoning regulations for variance purposes. Page 2 of 2 167.04 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 plan 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 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 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 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. (3) The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. Page 1 of 11 (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 approval, 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% 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% Page 2 of 11 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% UC, Urban Corridor 20% 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% 1-1, Heavy Commercial and Light Industrial 15% 1-2, 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 be counted toward the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to avoid existing canopy. Page 3 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 Escrow 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 preservation of the minimum tree canopy requirement. Page 4 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 Forester 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, (j) Any other factors that may impact the design of the site. Page 5 of 11 (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, fencing, 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 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 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. (1) 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; (b) The percentage below the percent minimum canopy requirement they represent; and Page 6 of 11 (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. (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 Page 7 of 11 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 shall 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 Facades). (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 Fagade. A green fagade is created by growing climbing plants up and across the fagade 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 fagade 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. (iii) The calculation for a green fagade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green facade. (J) Request for Off -Site Alternatives. Page 8 of 11 (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 conveyed 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 achieved. 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) 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. (b) 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 non-residential subdivisions. (c) 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; (ii) Shall not revert to the general fund for ongoing operations. (d) 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. Page 9 of 11 (e) 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. (f) Refunds shall be paid to the applicant who made the original contribution. (g) 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 due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. (h) 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. (i) 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 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 scale site improvements, commercial 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 Council meeting. Page 10 of 11 (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. Page 11 of 11 174.03 Exemptions Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with certain applicable provisions of this chapter. The exemptions shall apply to the requirement for a sign permit. No sign permit shall be required for the erection of the following signs which are hereby authorized to be erected in compliance with the listed conditions: (A) Professional Name Plates. Professional name plates erected flat on walls of building and not exceeding four (4) square feet of display surface area. (B) Building Construction Signs. One (1) on -site building construction sign on each construction site in any zoning district, provided that maximum display surface area shall be 8 square feet or less in R zoning districts: 32 square feet or less in other zoning districts. (C) Real Estate Signs. On a lot in any district, there may be erected one (1) on -site unanimated real estate sign while the lot is for sale. Provided further, such signs shall be limited to wall signs, freestanding signs or platform signs; and freestanding signs or platform signs shall be set back a minimum of 10 feet from the street. Real estate signs shall be removed within seventy-two (72) hours following the closing (sale) of the property on which it is located. The permitted illumination and maximum display surface area for a real estate sign shall be as follows: District Permitted Illumination Area (Square Footage) RA Non -illuminated 32" P-1, C, I, UC, UT, DC, MSC, CPZD Illuminated 32" All other districts I Non -illuminated 1 8" (D) Home Occupation Signs. Home occupation signs erected flat against the wall and not exceeding 3 square feet. (E) Memorial Signs, Name Signs. Memorial signs or tables, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials. (F) Traffic Signs, Etc. Traffic or other municipal signs, legal notices, railroad crossing signs, danger, and such temporary, emergency or nonadvertising signs as may be approved by the City Council. (G) Posting Bills, Repainting Signs. Posting of bills on signs, repainting of signs, or the changing of letters or numbers on signs designed for changeable lettering or numbering which were legally erected and maintained for such purposes. (H) Non -Commercial Signs. Non-commercial signs are permitted to be placed on private property by the land owner or lawful tenant in any zoned district subject to the following conditions: (1) Districts Where Most Signs Are Not Permitted. In districts where most signs are not permitted (primarily residential districts), one (1) non-commercial sign may be erected subject to the limitations stated in §174.03 (C) for real estate signs. (2) Districts Where Signs Are Permitted. In districts where signs are otherwise permitted, non-commercial signs may be placed over or substituted for the permitted commercial sign. (3) All Districts. In addition to the non-commercial sign allowed above, sixty (60) days prior to any general, primary, runoff or special election, a property owner may display additional non -illuminated, temporary non-commercial signs of the same size allowed for real estate signs allowed in §174.03 (C). All such signs (not authorized for further display by an upcoming election such as a run-off) must be Page 1 of 3 removed by the property owner within three (3) days of the election which authorized the signs' installation. (I) Time and Temperature Displays. Time and temperature displays without advertising matter, may change their illuminated time and temperature displays as often as reasonably necessary to provide accurate and convenient information to observers without being considered to be in violation of §174.08 B. Fluctuating Illumination. (J) Banners. Public event, special sales event and non-commercial banners (not to exceed 3 feet by 30 feet) and large non-commercial signs (not to exceed 32 square feet) may be temporarily installed under the following terms and conditions: (1) Non -Commercial Banners and Large Signs. (a) Residential Zones Including Neighborhood Conservation, Residential Office, Residential Agriculture and RPZD. In addition to the non-commercial sign allowed in subsection (H), the owner of a residentially zoned parcel may install one (1) large temporary non-commercial sign of up to 32 square feet no more than sixty (60) days prior to (and to be removed within three (3) days following) an election. (b) All Other Zones. The owner of a parcel may install one (1) large temporary non-commercial sign of up to 32 square feet no more than sixty (60) days prior to (and to be removed within three (3) days following) an election. If the parcel has more than 100 feet of frontage on a street, the owner may install one (1) large temporary non-commercial sign per hundred feet of frontage. No more than once a year, an owner may substitute and install a non-commercial banner for an allowed special sales event banner no more than two (2) weeks prior to (and to be removed within three (3) days following) the election. (2) Special Sales Event Banner. In Commercial, Downtown Core, Downtown General, Main Street Central, and C-PZD zones, a commercial retail business may advertise a special sales event by installing a special sales event banner on its property at least 40 feet from the street right of way and no higher than 30 feet above street level for a total display time of no more than ten (10) days, no more than one (1) time a year. (3) Public Event Banners. Nonprofit organizations and government entities may install public event banners under the following conditions: (a) In order to notify or invite the public to attend a public festival or event sponsored by the nonprofit organization or government entity, this organization may install a public event banner (that may not contain advertising or commercial logos) on its property at least 20 feet from the street right of way or on the building's facade and no more than 30 feet above the street for a total display time of no more than fourteen (14) days six (6) times a year. (b) In order to notify or invite the public to attend a public festival or event within the Downtown Master Plan area or the University of Arkansas campus sponsored by the nonprofit organization or government entity, that organization may pay the costs of the CITY to install one (1), two (2), or three (3) cross street public event banners (with no advertising or commercial logos) at one or more city authorized sites {intersections of Dickson and Block, and Dickson and Arkansas, and on Block between Dickson and Meadow} for no more than fourteen (14) days once a year. When more than one nonprofit organization or government entity would qualify and timely requests to pay for the installation of cross street banners during the same period, the number of cross street banners for each organization may be reduced to one (1) and/or the length of display may be shortened to one (1) week so that each qualified applicant is treated equally. (K) Signs Located in Buildings. Any sign located within a building that is not visible to the public outside said building is exempt from all regulations in this chapter. Page 2 of 3 (L) Signs on Windows. Signs painted, affixed to or clearly visible through windows and doors are exempt from the permit requirement. However, such signs are considered wall signs and must conform to all requirements and limitations for wall signs pursuant to §174.12, Wall signs. (M) Directional Identification and Informational Signs. Directional, identification, and informational signs; provided such signs shall be limited to wall and freestanding signs with a maximum of 4 square feet of display surface area. Notwithstanding the restrictions on the location and number of freestanding signs prescribed by §174.10, one (1) freestanding sign not exceeding 4 square feet in display surface area shall be permitted at each entrance or exit on a lot or parcel to identify such entrance or exit and to encourage the use of motor vehicle seatbelts, subject to the following restrictions. (1) Traffic Hazard. No such sign shall be erected which would create a traffic hazard. (2) Seat Belt Sign. Any words or symbols encouraging the use of seatbelts shall face the interior of the lot or parcel on which the sign is located and shall not face the street. (3) Advertising. No advertising or commercial logos may be incorporated into the sign. (N) Collection Boxes. Collection boxes for charitable or nonprofit organizations containing no commercial advertising and located on private property in any commercial or industrial zoning districts. (0) Subdivision Signs. In any district, one temporary subdivision identification sign indirectly illuminated, not to exceed 50 square feet in area per surface may be erected at any principal entrance to a subdivision, provided that in no event shall such sign remain for more than six (6) months within 50 feet of a dwelling in a R district occupied as a dwelling. (P) Freestanding Bulletin Board. A church or other religious institution and a school serving primary and/or secondary education Fayetteville students may install one (1) freestanding bulletin board (not an electronic message board) on its campus to communicate non-commercial information and events at such church or school. The bulletin board may be 10 square feet and must be set back a minimum of 15 feet from the street right-of-way. The school or church may enlarge the bulletin board up to maximum of 24 square feet by moving it back from street right-of-way 1 additional foot for each 2 square feet of display surface area in excess of the normal 10 square feet allowed. This bulletin board sign shall be in addition to any other signs authorized in this chapter. (Q) Fuel Price Informational Signs. In any district, signs advertising the price of motor vehicle fuel sold from a fuel pump located on the premises shall be permitted, subject to the following conditions: (1) Price. Only one (1) fuel price informational sign shall be permitted per fuel pump. (2) Size. Fuel price informational signs shall be limited in size to an area of 216 square inches. (3) Stationary. Each fuel price informational sign shall be affixed directly and firmly to a fuel pump and shall be stationary. (4) Other Locations. Nothing herein shall be construed as to prohibit the advertisement of fuel prices on any other sign meeting the requirements of this chapter. (5) Sign Faces. Only one (1) two (2) faced, or two (2) one (1) faced, self-service/full service signs not exceeding four (4) square feet in display surface area shall be permitted at each pump island. (R) Fences and Scoreboards in City Parks. Signs may be permitted on baseball/softball fences and scoreboards in city parks as provided for in §97.088(B). (S) Pedicabs. Pedicabs not operating on city trails may be allowed one advertising sign placed upon the rear of the pedicab and extending no higher than the stock body of the pedicab. The sign shall not be illuminated and shall not exceed 6 square feet (2 feet &times 3 feet). Prior to displaying this sign publicly, such sign as attached to the pedicab must be presented to the Zoning and Development Administrator for permitting and, if the sign is in full compliance with this subsection, approval. Page 3 of 3 174.10 On -Site Freestanding Signs On -Site Freestanding signs shall be permitted to be erected in the city subject to the following: Only one (1) freestanding sign shall be permitted on a lot, except where otherwise described herein. It shall be unlawful to erect any off -site freestanding sign or any freestanding sign that does not meet the sign type, size, display surface area, setback, height, or illumination as described herein. (A) Pole Signs. The following regulations pertain to signs identified as "pole signs". It shall be unlawful to erect any pole sign which total height is greater than 17.5 feet, unless further limited herein, above the level of the street upon which the sign faces; provided the pole supported sign may be increased in height % foot for every foot of additional setback beyond the required 15 feet from the right-of-way with a maximum height of 30 feet. On -site pole signs shall be permitted to be erected in the city subject to the following: (1) R-A District. (a) Number of Signs. Only one (1) pole sign shall be permitted at an agricultural or permitted business located on one (1) or more adjoining lots. (b) Display Surface Area. The maximum display surface area shall not exceed 16 square feet. (c) Illumination. Sign may be illuminated by indirect illumination only. (d) Setback from Right -of -Way. Sign shall be setback 35 feet from street right-of-way and 25 feet from any R or R-O District. (2) RSF and RT Districts. Except pursuant to §174.03, pole signs shall be prohibited and no pole signs shall be erected in RSF and RT Districts of the City. (3) RMF, R-O, NC, and NS Districts. (a) Number of Signs. Only one (1) on -site freestanding sign shall be permitted on a lot or at a business operating on two (2) or more adjoining lots. (b) Display Surface Area. The maximum display surface area shall not exceed 4 square feet; (c) Setback from Right -of -Way. The sign shall be setback a minimum of 15 feet from street right-of- way. (d) Setback from Adjoining Property. The sign shall be setback a minimum of 25 feet from the boundary of any RSF District and 15 feet from all other zoning districts. (e) Height. The height of the sign shall not be greater than six (6) feet above the level of the street upon which the sign faces. (f) Illumination. The sign shall be illuminated by indirect illumination only. (4) C, I, DG, MSC, DC, CS, P-1, UC, and UT Districts. (a) Number of signs. Only one (1) pole sign shall be permitted on a lot, at a shopping center, or at a mall; provided only one (1) on -site pole sign shall be permitted for any business operating on two (2) or more adjoining lots. (b) Display Surface Area and Setback from Right -of -Way. The display surface area shall not exceed 10 square feet and shall be setback 15 feet or more from the right-of-way; provided, the display surface area may be increased 2 square feet for each 1 foot of additional setback from the right- of-way beyond 15 feet; provided further, the maximum display surface area for a sign which is setback from the street right-of-way 40 feet or more shall be 75 square feet. Page 1 of 4 (c) Setback from Adjoining Property. Setback shall be a minimum of 25 feet from the boundary of any adjoining property. (B) Monument Sign. The following regulations pertain to signs identified as "monument signs", which are freestanding signs whose entire base is in contact with and supported by the ground. (1) Number of Signs. Where a monument sign is permitted, only one (1) sign shall be erected on a lot or at a business operating on two (2) or more adjoining lots. (2) Display Surface Area. (a) RSF and RT Districts. Prohibited on individual lots. (b) NC District. Where a conditional use permit has been approved for a nonresidential use within the Neighborhood Conservation zoning district the display surface area of the monument sign shall not exceed 10 square feet. (c) NS and RMF Districts. The display surface area shall not exceed 16 square feet. (d) R-A District. The display surface area shall not exceed 32 square feet. (e) R-O Districts. The display surface area shall not exceed 50 square feet. (f) C, I, DG, MSC, DC, CS, P-1, UC, and UT Districts. The display surface area shall not exceed 75 square feet. (3) Setback from right-of-way. The sign shall be setback a minimum of 10 feet from the right-of-way. (4) Setback from Adjoining Property Lines. The sign shall be setback a minimum of 25 feet from the boundary of any RSF district and 15 feet from all other zoning districts. (5) Height. The maximum height of a sign shall be 6 feet from the surrounding grade. (C) Joint Identification Sign. The following regulations pertain to signs identified as joint identification signs: Joint identification signs must provide area for the display of a minimum of two (2) person(s) or business(s) and may be located at no more than two (2) remote entrance locations, as approved by the Planning Division. The permit applicant shall provide a recorded legal document as approved by the Planning Division indicating ownership and responsibility for maintenance of sign and subject to the following: (1) R-A, RSF, RT, RMF, P, NC, and NS Districts. Prohibited. (2) R-O District. Monument joint identification sign permitted only. (a) Display Surface Area. Display surface area shall not exceed 50 square feet. (b) Setback from Right -of -Way. Signs shall be setback a minimum of 10 feet from the right-of-way. (c) Setback from Adjoining Property. Setback shall be a minimum of 10 feet from adjoining non- residential property and 25 feet from adjoining residential property. (d) Height. The maximum height of a sign shall be six (6) feet from the surrounding grade. (3) C, 1, DG, MSC, DC, CS, UC, and UT Districts. (a) Monument. The following regulations apply to a monument joint identification sign, whose entire base is in contact with and supported by the ground: (i) Multi -tenant Building Containing 37,500 Square Feet or Less of Leasable Tenant Space: Display Surface Area and Setback from Right -of -Way. Display surface area shall not exceed 75 square feet and the sign shall be setback 10 feet or more from the right-of-way. Page 2 of 4 Height. The maximum height of a sign shall be six (6) feet above the level of the surrounding grade. (ii) Multi -Tenant Building Containing More Than 37,500 Square Feet: Display Surface Area. Display surface area shall not exceed 75 square feet; provided the display surface area of a joint identification signs may be increased one additional square foot per 500 square feet of gross leaseable building area over 37,500 square feet, as approved by the Planning Division. Total display surface area shall not exceed 300 square feet. b. Height and Setback from Right -of -Way. The maximum height of the sign shall be 6 feet above the level of the surrounding grade when setback 10 feet or more from the right-of-way; provided, the maximum height of the sign may increase to 10 feet above the surrounding grade when setback 20 feet or more from the right-of-way. C. Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet from the boundary of any adjoining property. (b) Pole. The following regulations apply to pole -mounted joint identification signs: (i) Display Surface Area and setback from Right -of -Way. The display surface area shall not exceed 10 square feet and shall be setback 15 feet or more from the right-of-way; provided, the display surface area may be increased 2 square feet for each 1 foot of additional setback from the right-of-way beyond 15 feet; provided further, the maximum display surface area for a sign which is setback from the street right-of-way 40 feet or more shall be 75 square feet. Exception. Display surface area shall not exceed 75 square feet, provided the display surface area of joint identification signs may be increased one additional square foot per 500 square feet of gross leaseable building area over 37,500 square feet, as approved by the Planning Division. Total display surface area shall not exceed 300 square feet. (ii) Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet from the boundary of any adjoining property. (iii) Height. The height of a sign shall be a maximum of 17.5 feet, provided the pole -mounted sign may be increased in height % foot for every foot of additional setback beyond the required 15 feet from the right-of-way with a maximum height of 30 feet. (D) Area signs. The location of the fence, wall, or other structure which will contain the area identification sign must be approved by the Planning Division, which will approve such structure upon the criterion of traffic safety sight lines. Area signs shall not be located within the Master Street Plan right-of-way. (1) R-A, RSF, RT, RMF, NC, NS, and R-O Districts. (a) Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with more than one (1) entrance may not have a sign at more than two (2) locations. (b) Display Surface Area. An area sign with display on one (1) side located on each side of an entrance street may be substituted for a single sign with display on both sides. The display surface area shall not exceed 32 square feet. (2) C, 1, DG, MSC, DC, CS, P-1, UC, and UT Districts. (a) Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with more than one (1) entrance may not have a sign at more than two (2) locations. Page 3 of 4 (b) Display Surface Area. An area sign with display on one (1) side located on each side of an entrance street may be substituted for a single sign with display on both sides. The display surface area shall not exceed 75 square feet. (E) Bulletin Boards. The following regulations pertain to signs identified as "bulletin boards", which are erected for the purposes of announcing events which are held on the premises: (1) RSF, RT, and NC Districts. Where a conditional use permit has been approved for a charitable, educational, or religious institution or a public body within these districts, the following limitations shall apply: (a) Number of Signs. Only one (1) on -site bulletin board shall be permitted on a lot or for a use operating on two (2) or more adjoining lots. (b) Display Surface Area. Monument sign only, with a display surface area not to exceed 16 square feet. (c) Setback from Right -of -Way. The bulletin board shall be setback a minimum of 10 feet from the street right-of-way. (d) Setback from Adjoining Properties. The sign shall be setback a minimum of 25 feet from the boundary of any RSF district and 15 feet from all other zoning districts. (e) Height.The height of the bulletin board shall not be greater than 6 feet above the level of the street upon which the sign faces. (f) Humination. Electronic message boards shall be prohibited. Page 4 of 4 174.12 Wall Signs Wall signs shall not project more than 18 inches from the surface upon which they are mounted. The upper edge of a wall sign mounted on a mansard roof may project more than 18 inches so long as the sign is perpendicular to the ground. The allowable display surface area of a wall sign is determined by the wall on which it is located. (A) NC, RSF and RT Districts. Where a conditional use permit has been approved for a nonresidential use within these zoning districts, the following limitations shall apply: (1) Number of Signs. Limit of one (1) on -site wall sign per business per building; provided, when a building abuts more than one street, the limit shall be one (1) on -site wall sign per business per building for each wall which faces an abutting street. In no case shall a business have more than one wall sign on any one (1) wall. (2) Display Surface Area. Display surfaces of each sign shall not exceed 8 square feet. (3) Illumination. The color of the sign shall be compatible with the colors of the structure, and only indirect external lighting is permitted. (4) Exceptions: (a) Home Occupations. Signage for a home occupation in an RSF districts shall be prohibited except where it is required by the applicable licensing board, subject to proof of said requirement. (B) RMF Districts. (1) Number of Signs. Limit of one (1) on -site wall sign per business per building; provided, when a building abuts more than one (1) street, the limit shall be one (1) on -site wall sign per business per building for each wall which faces an abutting street. In no case shall a business have more than one (1) wall sign on any wall. (2) Display Surface Area. Display surfaces of each sign shall not exceed 16 square feet. (C) R-A, R-O, and NS Districts. (1) Number of signs. Limit of two (2) on -site wall signs per business per building. In no case shall a business have more than one (1) wall sign on any wall. (2) Display Surface Area. The display surface area of a sign shall not exceed 16 square feet where the wall adjoins a residential land use, or 50 square feet where the wall adjoins a nonresidential land use, or street right-of-way. (D) C, 1, DG, MSC, DC, CS, P-1, UC, and UT Districts. (1) Number of Signs. (a) Single Tenant. Where a building houses only one (1) business, a maximum of four (4) wall signs may be placed on one wall, but no more than four (4) wall signs may be placed on the building. (b) Multiple Tenants. Where a building houses more than one business, each business shall be entitled to a maximum of one (1) wall sign per business on each wall of the building, with a maximum of four (4) total wall signs per business per building. In no case shall a business have more than one (1) wall sign on any wall. (2) Display Surface Area. (a) Single Tenant. The display surface area shall not exceed 20% of the first 1,000 square feet of wall area and 5% of any additional wall area. Page 1 of 2 (b) Multiple Tenants. Where a building houses more than one (1) business, the display surface area of each tenant's allowable wall sign(s) shall not exceed 150 square feet. Furthermore, the display surface area for all wall signs on any one wall may not exceed 20% of that total wall area. (E) Off -Site Wall Signs. Off -site wall signs shall be prohibited in all zoning districts. Page 2 of 2 161.36 Urban Corridor (A) Purpose. The Urban Corridor District is designed to provide a mix of commercial uses and housing along corridors that provide multi -modal transportation options. The district encourages walkable commercial, residential, and mixed -use developments in urban form that enhance function, economic vitality, and appearance along major urban thoroughfares. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 10 Three- and Four -Family Dwellings Unit 13 1 Eating places Unit 14 Hotel, Motel, and Amusement Facilities Unit 16 Shopping Goods Unit 19 Commercial Recreation, Small Sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor Stores Unit 40 Sidewalk Cafes Unit 41 Accessory Dwellings Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 8 Single -Family Dwellings Unit 9 Two -Family Dwellings Unit 17 Transportation trades and services Unit 18 Gasoline Service Stations and Drive-Thru Restaurants Unit 20 Commercial Recreation, Large Sites Unit 21 Warehousing and Wholesale Unit 28 Center for Collecting Recyclable Materials Unit 29 Dance Halls Unit 32 Sexually Oriented Business Unit 35 Outdoor Music Establishments Unit 36 Wireless communication facilities Unit 42 Clean Technologies Unit 43 Animal Boarding and Training Unit 44 Cluster Housing Development Page 1 of 2 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. None. (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 30 feet from the front property line. Side and rear: None Side or rear, when contiguous to 15 feet a single-family residential district: (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 18 stories Page 2 of 2 160.01 Establishment Of Districts The following zoning districts are hereby established: ZONING DISTRICTS R-A Residential - Agricultural RSF-.5 Residential Single-family - One -Half (%) Unit per Acre RSF-1 Residential Single-family - One (1) Unit per Acre RSF-2 Residential Single-family - Two (2) Units per Acre RSF-4 Residential Single-family - Four (4) Units per Acre RSF-7 Residential Single-family - Seven (7) Units per Acre RSF-8 Residential Single-family - Eight (8)Units per Acre RSF-18 Residential Single-family - Eighteen (18) Units per Acre RI Residential Intermediate, Twelve (12) Units Per Acre RI-U Residential Intermediate - Urban RMF-6 Residential Multi -family - Six (6) Units per Acre RMF-12 Residential Multi -family - Twelve (12) Units per Acre RMF-18 Residential Multi -family - Eighteen (18) Units per Acre RMF-24 Residential Multi -family - Twenty -Four (24) Units per Acre RMF-40 Residential Multi -family - Forty (40) Units per Acre R-O Residential -Office NS-L Neighborhood Services - Limited NS-G Neighborhood Services - General C-1 Neighborhood Commercial CS Community Services C-2 Thoroughfare Commercial C-3 Central Business Commercial UC Urban Corridor UT Urban Thoroughfare DC Downtown Core MSC Main Street Center DG Downtown General NC Neighborhood Conservation 1-1 Heavy Commercial and Light Industrial 1-2 General Industrial P-1 Institutional E-1 Extraction DOD Design Overlay District PZD I Planned Zoning District Page 1 of 1 163.11 Sexually Oriented Business (A) Classification. Sexually oriented businesses are classified as follows: (1) Adult arcade; (2) Adult bookstores and adult video stores; (3) Adult cabarets; (4) Adult motion picture theaters; and (5) Adult theaters. (B) Conditional Use. Sexually oriented businesses shall not be allowed in any zoning district except UC and C-2 where they may be allowed as conditional uses subject to the following: (1) No sexually oriented business may be operated within 500 feet of: (a) A church; (b) A public or private elementary, secondary, or post -secondary school, pre-school or child care facility; (c) A public park. (2) No sexually oriented business may be operated: (a) Within 200 feet of a boundary of a residential zone or any residential use; (b) Within 400 feet of a residential zone or any residential use as measured by automobile travel distance from the exit of a sexually oriented business property to the property line or the residential zone or use; (3) No sexually oriented business may be operated within 1,000 feet of another sexually oriented business or within 200 feet of any room, building, premises, place or establishment that sells or dispenses alcohol or beer. (4) For the purpose of this subsection (1), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot. Page 1 of 1 164.25 Tandem Lot Development (A) Where Allowed. Tandem lot development shall be permitted for a single-family dwelling and customary accessory structure and/or dwelling unit only and shall be permitted in all districts where single-family dwellings are permitted. The development of one (1) tandem lot behind another tandem lot shall be prohibited. (B) Requirements. Development of a tandem lot shall be subject to the following requirements: (1) The tandem lot shall have access to a public street by way of a private drive with a minimum width and specification, such as a vehicular turnaround, as determined by emergency response providers in accordance with applicable local, state, and federal codes. The tandem lot owner shall be responsible for maintaining said private drive so that emergency vehicles have safe access to the dwelling located on the lot. Parking of vehicles in the designated private drive for emergency vehicle access shall not be permitted. The tandem lot owner shall have title to, or a perpetual private easement in, the private drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum distance of 18 feet from said right-of-way in accordance with the driveway design standards in Fayetteville Unified Development Code Chapter 172. (2) The distance between the private drive of a tandem lot and any adjacent driveway shall not be less than the minimum distance between curb cuts in Fayetteville Unified Development Code Chapter 166 Street Design and Access Management Standards. (3) Solid waste service for the tandem lot shall be provided by customers placing standard residential garbage carts, recycling bins, and yard waste at a designated collection point on trash day in accordance with City of Fayetteville Code of Ordinances Chapter 50.20(B). The designated collection point shall be identified at the time the tandem lot is created, in coordination with the City Solid Waste Division. Garbage carts and recycling bins shall not be placed at the collection point more than twelve (12) hours before or after regular trash pickup in accordance with Chapter 50.20(B). (4) Lot Width and Area. The tandem lot, excluding the private drive, shall conform to the minimum lot width and lot area requirements of the zoning district in which it is located, unless a variance is otherwise granted by the Board of Adjustment. (5) Setback. Each tandem lot shall have a minimum building setback requirement as follows: (a) Tandem lots shall have a minimum building setback requirement of 35 feet from all property lines in the R-A, RSF-.5, and RSF-1 zoning districts. (b) Tandem lots shall have a minimum building setback requirement of 30 feet from all property lines in the RSF-2 zoning district. (c) Tandem lots shall have a minimum building setback requirement of 15 feet from all property lines in the RSF-4 and RSF-7 zoning districts. (d) Tandem lots shall have a minimum building setback requirement of 10 feet from all property lines in the R-0 zoning district. (e) Tandem lots shall have a minimum building setback requirement of 5 feet from all property lines in the RSF-8, RSF-18, RI-12, RI-U, RMF-6, RMF-12, RMF-18, RMF-24, RMF-40, NS-L, NS-G, CS, UC, UT, DC, MSC, DG, and NC zoning districts. (f) Any variance to the minimum building setback requirement may only be granted by the Board of Adjustment. (C) Variances. Variances to the requirements in (B)(1)—(B)(3) of this section shall be administered as development regulations to be considered by the Planning Commission. All other variances to zoning Page 1 of 2 regulations, including those in (8)(4) and (13)(5), shall be administered as zoning regulations for variance purposes. Page 2 of 2 167.04 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 plan 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 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 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 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. (3) The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. Page 1 of 11 (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 approval, 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% 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% Page 2 of 11 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% UC, Urban Corridor 20% 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% 1-1, Heavy Commercial and Light Industrial 15% 1-2, 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 be counted toward the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to avoid existing canopy. Page 3 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 Escrow 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 preservation of the minimum tree canopy requirement. Page 4 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 Forester 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, (j) Any other factors that may impact the design of the site. Page 5 of 11 (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, fencing, 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 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 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. (1) 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; (b) The percentage below the percent minimum canopy requirement they represent; and Page 6 of 11 (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. (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 Page 7 of 11 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 shall 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 Facades). (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 Fagade. A green fagade is created by growing climbing plants up and across the fagade 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 fagade 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. (iii) The calculation for a green fagade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green facade. (J) Request for Off -Site Alternatives. Page 8 of 11 (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 conveyed 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 achieved. 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) 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. (b) 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 non-residential subdivisions. (c) 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; (ii) Shall not revert to the general fund for ongoing operations. (d) 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. Page 9 of 11 (e) 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. (f) Refunds shall be paid to the applicant who made the original contribution. (g) 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 due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. (h) 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. (i) 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 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 scale site improvements, commercial 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 Council meeting. Page 10 of 11 (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. Page 11 of 11 174.03 Exemptions Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with certain applicable provisions of this chapter. The exemptions shall apply to the requirement for a sign permit. No sign permit shall be required for the erection of the following signs which are hereby authorized to be erected in compliance with the listed conditions: (A) Professional Name Plates. Professional name plates erected flat on walls of building and not exceeding four (4) square feet of display surface area. (B) Building Construction Signs. One (1) on -site building construction sign on each construction site in any zoning district, provided that maximum display surface area shall be 8 square feet or less in R zoning districts: 32 square feet or less in other zoning districts. (C) Real Estate Signs. On a lot in any district, there may be erected one (1) on -site unanimated real estate sign while the lot is for sale. Provided further, such signs shall be limited to wall signs, freestanding signs or platform signs; and freestanding signs or platform signs shall be set back a minimum of 10 feet from the street. Real estate signs shall be removed within seventy-two (72) hours following the closing (sale) of the property on which it is located. The permitted illumination and maximum display surface area for a real estate sign shall be as follows: District Permitted Illumination Area (Square Footage) RA Non -illuminated 32" P-1, C, I, BUT, DC, MSC, CPZD Illuminated 32" All other districts I Non -illuminated 1 8" (D) Home Occupation Signs. Home occupation signs erected flat against the wall and not exceeding 3 square feet. (E) Memorial Signs, Name Signs. Memorial signs or tables, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials. (F) Traffic Signs, Etc. Traffic or other municipal signs, legal notices, railroad crossing signs, danger, and such temporary, emergency or nonadvertising signs as may be approved by the City Council. (G) Posting Bills, Repainting Signs. Posting of bills on signs, repainting of signs, or the changing of letters or numbers on signs designed for changeable lettering or numbering which were legally erected and maintained for such purposes. (H) Non -Commercial Signs. Non-commercial signs are permitted to be placed on private property by the land owner or lawful tenant in any zoned district subject to the following conditions: (1) Districts Where Most Signs Are Not Permitted. In districts where most signs are not permitted (primarily residential districts), one (1) non-commercial sign may be erected subject to the limitations stated in §174.03 (C) for real estate signs. (2) Districts Where Signs Are Permitted. In districts where signs are otherwise permitted, non-commercial signs may be placed over or substituted for the permitted commercial sign. (3) All Districts. In addition to the non-commercial sign allowed above, sixty (60) days prior to any general, primary, runoff or special election, a property owner may display additional non -illuminated, temporary non-commercial signs of the same size allowed for real estate signs allowed in §174.03 (C). All such signs (not authorized for further display by an upcoming election such as a run-off) must be Page 1 of 3 removed by the property owner within three (3) days of the election which authorized the signs' installation. (I) Time and Temperature Displays. Time and temperature displays without advertising matter, may change their illuminated time and temperature displays as often as reasonably necessary to provide accurate and convenient information to observers without being considered to be in violation of §174.08 B. Fluctuating Illumination. (J) Banners. Public event, special sales event and non-commercial banners (not to exceed 3 feet by 30 feet) and large non-commercial signs (not to exceed 32 square feet) may be temporarily installed under the following terms and conditions: (1) Non -Commercial Banners and Large Signs. (a) Residential Zones Including Neighborhood Conservation, Residential Office, Residential Agriculture and RPZD. In addition to the non-commercial sign allowed in subsection (H), the owner of a residentially zoned parcel may install one (1) large temporary non-commercial sign of up to 32 square feet no more than sixty (60) days prior to (and to be removed within three (3) days following) an election. (b) All Other Zones. The owner of a parcel may install one (1) large temporary non-commercial sign of up to 32 square feet no more than sixty (60) days prior to (and to be removed within three (3) days following) an election. If the parcel has more than 100 feet of frontage on a street, the owner may install one (1) large temporary non-commercial sign per hundred feet of frontage. No more than once a year, an owner may substitute and install a non-commercial banner for an allowed special sales event banner no more than two (2) weeks prior to (and to be removed within three (3) days following) the election. (2) Special Sales Event Banner. In Commercial, Downtown Core, Downtown General, Main Street Central, and C-PZD zones, a commercial retail business may advertise a special sales event by installing a special sales event banner on its property at least 40 feet from the street right of way and no higher than 30 feet above street level for a total display time of no more than ten (10) days, no more than one (1) time a year. (3) Public Event Banners. Nonprofit organizations and government entities may install public event banners under the following conditions: (a) In order to notify or invite the public to attend a public festival or event sponsored by the nonprofit organization or government entity, this organization may install a public event banner (that may not contain advertising or commercial logos) on its property at least 20 feet from the street right of way or on the building's facade and no more than 30 feet above the street for a total display time of no more than fourteen (14) days six (6) times a year. (b) In order to notify or invite the public to attend a public festival or event within the Downtown Master Plan area or the University of Arkansas campus sponsored by the nonprofit organization or government entity, that organization may pay the costs of the CITY to install one (1), two (2), or three (3) cross street public event banners (with no advertising or commercial logos) at one or more city authorized sites {intersections of Dickson and Block, and Dickson and Arkansas, and on Block between Dickson and Meadow} for no more than fourteen (14) days once a year. When more than one nonprofit organization or government entity would qualify and timely requests to pay for the installation of cross street banners during the same period, the number of cross street banners for each organization may be reduced to one (1) and/or the length of display may be shortened to one (1) week so that each qualified applicant is treated equally. (K) Signs Located in Buildings. Any sign located within a building that is not visible to the public outside said building is exempt from all regulations in this chapter. Page 2 of 3 (L) Signs on Windows. Signs painted, affixed to or clearly visible through windows and doors are exempt from the permit requirement. However, such signs are considered wall signs and must conform to all requirements and limitations for wall signs pursuant to §174.12, Wall signs. (M) Directional Identification and Informational Signs. Directional, identification, and informational signs; provided such signs shall be limited to wall and freestanding signs with a maximum of 4 square feet of display surface area. Notwithstanding the restrictions on the location and number of freestanding signs prescribed by §174.10, one (1) freestanding sign not exceeding 4 square feet in display surface area shall be permitted at each entrance or exit on a lot or parcel to identify such entrance or exit and to encourage the use of motor vehicle seatbelts, subject to the following restrictions. (1) Traffic Hazard. No such sign shall be erected which would create a traffic hazard. (2) Seat Belt Sign. Any words or symbols encouraging the use of seatbelts shall face the interior of the lot or parcel on which the sign is located and shall not face the street. (3) Advertising. No advertising or commercial logos may be incorporated into the sign. (N) Collection Boxes. Collection boxes for charitable or nonprofit organizations containing no commercial advertising and located on private property in any commercial or industrial zoning districts. (0) Subdivision Signs. In any district, one temporary subdivision identification sign indirectly illuminated, not to exceed 50 square feet in area per surface may be erected at any principal entrance to a subdivision, provided that in no event shall such sign remain for more than six (6) months within 50 feet of a dwelling in a R district occupied as a dwelling. (P) Freestanding Bulletin Board. A church or other religious institution and a school serving primary and/or secondary education Fayetteville students may install one (1) freestanding bulletin board (not an electronic message board) on its campus to communicate non-commercial information and events at such church or school. The bulletin board may be 10 square feet and must be set back a minimum of 15 feet from the street right-of-way. The school or church may enlarge the bulletin board up to maximum of 24 square feet by moving it back from street right-of-way 1 additional foot for each 2 square feet of display surface area in excess of the normal 10 square feet allowed. This bulletin board sign shall be in addition to any other signs authorized in this chapter. (Q) Fuel Price Informational Signs. In any district, signs advertising the price of motor vehicle fuel sold from a fuel pump located on the premises shall be permitted, subject to the following conditions: (1) Price. Only one (1) fuel price informational sign shall be permitted per fuel pump. (2) Size. Fuel price informational signs shall be limited in size to an area of 216 square inches. (3) Stationary. Each fuel price informational sign shall be affixed directly and firmly to a fuel pump and shall be stationary. (4) Other Locations. Nothing herein shall be construed as to prohibit the advertisement of fuel prices on any other sign meeting the requirements of this chapter. (5) Sign Faces. Only one (1) two (2) faced, or two (2) one (1) faced, self-service/full service signs not exceeding four (4) square feet in display surface area shall be permitted at each pump island. (R) Fences and Scoreboards in City Parks. Signs may be permitted on baseball/softball fences and scoreboards in city parks as provided for in §97.088(B). (S) Pedicabs. Pedicabs not operating on city trails may be allowed one advertising sign placed upon the rear of the pedicab and extending no higher than the stock body of the pedicab. The sign shall not be illuminated and shall not exceed 6 square feet (2 feet &times 3 feet). Prior to displaying this sign publicly, such sign as attached to the pedicab must be presented to the Zoning and Development Administrator for permitting and, if the sign is in full compliance with this subsection, approval. Page 3 of 3 174.10 On -Site Freestanding Signs On -Site Freestanding signs shall be permitted to be erected in the city subject to the following: Only one (1) freestanding sign shall be permitted on a lot, except where otherwise described herein. It shall be unlawful to erect any off -site freestanding sign or any freestanding sign that does not meet the sign type, size, display surface area, setback, height, or illumination as described herein. (A) Pole Signs. The following regulations pertain to signs identified as "pole signs". It shall be unlawful to erect any pole sign which total height is greater than 17.5 feet, unless further limited herein, above the level of the street upon which the sign faces; provided the pole supported sign may be increased in height % foot for every foot of additional setback beyond the required 15 feet from the right-of-way with a maximum height of 30 feet. On -site pole signs shall be permitted to be erected in the city subject to the following: (1) R-A District. (a) Number of Signs. Only one (1) pole sign shall be permitted at an agricultural or permitted business located on one (1) or more adjoining lots. (b) Display Surface Area. The maximum display surface area shall not exceed 16 square feet. (c) Illumination. Sign may be illuminated by indirect illumination only. (d) Setback from Right -of -Way. Sign shall be setback 35 feet from street right-of-way and 25 feet from any R or R-O District. (2) RSF and RT Districts. Except pursuant to §174.03, pole signs shall be prohibited and no pole signs shall be erected in RSF and RT Districts of the City. (3) RMF, R-O, NC, and NS Districts. (a) Number of Signs. Only one (1) on -site freestanding sign shall be permitted on a lot or at a business operating on two (2) or more adjoining lots. (b) Display Surface Area. The maximum display surface area shall not exceed 4 square feet; (c) Setback from Right -of -Way. The sign shall be setback a minimum of 15 feet from street right-of- way. (d) Setback from Adjoining Property. The sign shall be setback a minimum of 25 feet from the boundary of any RSF District and 15 feet from all other zoning districts. (e) Height. The height of the sign shall not be greater than six (6) feet above the level of the street upon which the sign faces. (f) Illumination. The sign shall be illuminated by indirect illumination only. (4) C, I, DG, MSC, DC, CS, P-1, hand UT Districts. (a) Number of signs. Only one (1) pole sign shall be permitted on a lot, at a shopping center, or at a mall; provided only one (1) on -site pole sign shall be permitted for any business operating on two (2) or more adjoining lots. (b) Display Surface Area and Setback from Right -of -Way. The display surface area shall not exceed 10 square feet and shall be setback 15 feet or more from the right-of-way; provided, the display surface area may be increased 2 square feet for each 1 foot of additional setback from the right- of-way beyond 15 feet; provided further, the maximum display surface area for a sign which is setback from the street right-of-way 40 feet or more shall be 75 square feet. Page 1 of 4 (c) Setback from Adjoining Property. Setback shall be a minimum of 25 feet from the boundary of any adjoining property. (B) Monument Sign. The following regulations pertain to signs identified as "monument signs", which are freestanding signs whose entire base is in contact with and supported by the ground. (1) Number of Signs. Where a monument sign is permitted, only one (1) sign shall be erected on a lot or at a business operating on two (2) or more adjoining lots. (2) Display Surface Area. (a) RSF and RT Districts. Prohibited on individual lots. (b) NC District. Where a conditional use permit has been approved for a nonresidential use within the Neighborhood Conservation zoning district the display surface area of the monument sign shall not exceed 10 square feet. (c) NS and RMF Districts. The display surface area shall not exceed 16 square feet. (d) R-A District. The display surface area shall not exceed 32 square feet. (e) R-O Districts. The display surface area shall not exceed 50 square feet. (f) C, I, DG, MSC, DC, CS, P-1, land UT Districts. The display surface area shall not exceed 75 square feet. (3) Setback from right-of-way. The sign shall be setback a minimum of 10 feet from the right-of-way. (4) Setback from Adjoining Property Lines. The sign shall be setback a minimum of 25 feet from the boundary of any RSF district and 15 feet from all other zoning districts. (5) Height. The maximum height of a sign shall be 6 feet from the surrounding grade. (C) Joint Identification Sign. The following regulations pertain to signs identified as joint identification signs: Joint identification signs must provide area for the display of a minimum of two (2) person(s) or business(s) and may be located at no more than two (2) remote entrance locations, as approved by the Planning Division. The permit applicant shall provide a recorded legal document as approved by the Planning Division indicating ownership and responsibility for maintenance of sign and subject to the following: (1) R-A, RSF, RT, RMF, P, NC, and NS Districts. Prohibited. (2) R-O District. Monument joint identification sign permitted only. (a) Display Surface Area. Display surface area shall not exceed 50 square feet. (b) Setback from Right -of -Way. Signs shall be setback a minimum of 10 feet from the right-of-way. (c) Setback from Adjoining Property. Setback shall be a minimum of 10 feet from adjoining non- residential property and 25 feet from adjoining residential property. (d) Height. The maximum height of a sign shall be six (6) feet from the surrounding grade. (3) C, 1, DG, MSC, DC, CS, land UT Districts. (a) Monument. The following regulations apply to a monument joint identification sign, whose entire base is in contact with and supported by the ground: (i) Multi -tenant Building Containing 37,500 Square Feet or Less of Leasable Tenant Space: Display Surface Area and Setback from Right -of -Way. Display surface area shall not exceed 75 square feet and the sign shall be setback 10 feet or more from the right-of-way. Page 2 of 4 Height. The maximum height of a sign shall be six (6) feet above the level of the surrounding grade. (ii) Multi -Tenant Building Containing More Than 37,500 Square Feet: Display Surface Area. Display surface area shall not exceed 75 square feet; provided the display surface area of a joint identification signs may be increased one additional square foot per 500 square feet of gross leaseable building area over 37,500 square feet, as approved by the Planning Division. Total display surface area shall not exceed 300 square feet. b. Height and Setback from Right -of -Way. The maximum height of the sign shall be 6 feet above the level of the surrounding grade when setback 10 feet or more from the right-of-way; provided, the maximum height of the sign may increase to 10 feet above the surrounding grade when setback 20 feet or more from the right-of-way. C. Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet from the boundary of any adjoining property. (b) Pole. The following regulations apply to pole -mounted joint identification signs: (i) Display Surface Area and setback from Right -of -Way. The display surface area shall not exceed 10 square feet and shall be setback 15 feet or more from the right-of-way; provided, the display surface area may be increased 2 square feet for each 1 foot of additional setback from the right-of-way beyond 15 feet; provided further, the maximum display surface area for a sign which is setback from the street right-of-way 40 feet or more shall be 75 square feet. Exception. Display surface area shall not exceed 75 square feet, provided the display surface area of joint identification signs may be increased one additional square foot per 500 square feet of gross leaseable building area over 37,500 square feet, as approved by the Planning Division. Total display surface area shall not exceed 300 square feet. (ii) Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet from the boundary of any adjoining property. (iii) Height. The height of a sign shall be a maximum of 17.5 feet, provided the pole -mounted sign may be increased in height % foot for every foot of additional setback beyond the required 15 feet from the right-of-way with a maximum height of 30 feet. (D) Area signs. The location of the fence, wall, or other structure which will contain the area identification sign must be approved by the Planning Division, which will approve such structure upon the criterion of traffic safety sight lines. Area signs shall not be located within the Master Street Plan right-of-way. (1) R-A, RSF, RT, RMF, NC, NS, and R-O Districts. (a) Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with more than one (1) entrance may not have a sign at more than two (2) locations. (b) Display Surface Area. An area sign with display on one (1) side located on each side of an entrance street may be substituted for a single sign with display on both sides. The display surface area shall not exceed 32 square feet. (2) C, 1, DG, MSC, DC, CS, P-1, wand UT Districts. (a) Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with more than one (1) entrance may not have a sign at more than two (2) locations. Page 3 of 4 (b) Display Surface Area. An area sign with display on one (1) side located on each side of an entrance street may be substituted for a single sign with display on both sides. The display surface area shall not exceed 75 square feet. (E) Bulletin Boards. The following regulations pertain to signs identified as "bulletin boards", which are erected for the purposes of announcing events which are held on the premises: (1) RSF, RT, and NC Districts. Where a conditional use permit has been approved for a charitable, educational, or religious institution or a public body within these districts, the following limitations shall apply: (a) Number of Signs. Only one (1) on -site bulletin board shall be permitted on a lot or for a use operating on two (2) or more adjoining lots. (b) Display Surface Area. Monument sign only, with a display surface area not to exceed 16 square feet. (c) Setback from Right -of -Way. The bulletin board shall be setback a minimum of 10 feet from the street right-of-way. (d) Setback from Adjoining Properties. The sign shall be setback a minimum of 25 feet from the boundary of any RSF district and 15 feet from all other zoning districts. (e) Height.The height of the bulletin board shall not be greater than 6 feet above the level of the street upon which the sign faces. (f) Humination. Electronic message boards shall be prohibited. Page 4 of 4 174.12 Wall Signs Wall signs shall not project more than 18 inches from the surface upon which they are mounted. The upper edge of a wall sign mounted on a mansard roof may project more than 18 inches so long as the sign is perpendicular to the ground. The allowable display surface area of a wall sign is determined by the wall on which it is located. (A) NC, RSF and RT Districts. Where a conditional use permit has been approved for a nonresidential use within these zoning districts, the following limitations shall apply: (1) Number of Signs. Limit of one (1) on -site wall sign per business per building; provided, when a building abuts more than one street, the limit shall be one (1) on -site wall sign per business per building for each wall which faces an abutting street. In no case shall a business have more than one wall sign on any one (1) wall. (2) Display Surface Area. Display surfaces of each sign shall not exceed 8 square feet. (3) Illumination. The color of the sign shall be compatible with the colors of the structure, and only indirect external lighting is permitted. (4) Exceptions: (a) Home Occupations. Signage for a home occupation in an RSF districts shall be prohibited except where it is required by the applicable licensing board, subject to proof of said requirement. (B) RMF Districts. (1) Number of Signs. Limit of one (1) on -site wall sign per business per building; provided, when a building abuts more than one (1) street, the limit shall be one (1) on -site wall sign per business per building for each wall which faces an abutting street. In no case shall a business have more than one (1) wall sign on any wall. (2) Display Surface Area. Display surfaces of each sign shall not exceed 16 square feet. (C) R-A, R-O, and NS Districts. (1) Number of signs. Limit of two (2) on -site wall signs per business per building. In no case shall a business have more than one (1) wall sign on any wall. (2) Display Surface Area. The display surface area of a sign shall not exceed 16 square feet where the wall adjoins a residential land use, or 50 square feet where the wall adjoins a nonresidential land use, or street right-of-way. (D) C, 1, DG, MSC, DC, CS, P-1, wand UT Districts. (1) Number of Signs. (a) Single Tenant. Where a building houses only one (1) business, a maximum of four (4) wall signs may be placed on one wall, but no more than four (4) wall signs may be placed on the building. (b) Multiple Tenants. Where a building houses more than one business, each business shall be entitled to a maximum of one (1) wall sign per business on each wall of the building, with a maximum of four (4) total wall signs per business per building. In no case shall a business have more than one (1) wall sign on any wall. (2) Display Surface Area. (a) Single Tenant. The display surface area shall not exceed 20% of the first 1,000 square feet of wall area and 5% of any additional wall area. Page 1 of 2 (b) Multiple Tenants. Where a building houses more than one (1) business, the display surface area of each tenant's allowable wall sign(s) shall not exceed 150 square feet. Furthermore, the display surface area for all wall signs on any one wall may not exceed 20% of that total wall area. (E) Off -Site Wall Signs. Off -site wall signs shall be prohibited in all zoning districts. Page 2 of 2 CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Britin Bostick, Long Range Planning/Special Projects Manager MEETING DATE: August 26, 2024 SUBJECT: ADM-2024-0039: Administrative Item (Amend UDC Chapter 161 — Zoning Regulations): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to UDC Chapter 161 to create a new zoning district section 161.36 called Urban Corridor and set zoning regulations for the new district including permitted and conditional uses, lot dimensional standards, setbacks, and building height. Additionally, amendments are proposed to section 160.01 — Establishment of Districts to add the new district, section 163.11 — Sexually Oriented Business to allow sexually oriented businesses as a conditional use, section 164.25 — Tandem Lot Development to establish building setbacks for tandem lots, section 167.04 — Tree Preservation and Protection During Development to establish a minimum canopy requirement, and chapter 174 — Signs to establish sign regulations for the new zoning district. RECOMMENDATION: Staff recommends forwarding ADM-2024-0039 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward ADM-2024-0039 to the City Council with a recommendation of approval." BACKGROUND: Following delivery of the Fayetteville Housing Assessment in October 2023, the Fayetteville City Council passed Resolution 278-23 on December 5, 2023 affirming their support for the 71 B Corridor Regulating Plan and Work Program. The resolution referenced prior actions to further the vision captured in the 71 B Corridor Plan, including: transfer of ownership of the 71 B right-of-way from the Arkansas Department of Transportation to the City of Fayetteville, authorization of planning work for the reconstruction of the streetscape, and streetscape improvements underway or complete for portions of the 71 B corridor. On approval of Resolution 278-23, City of Fayetteville Planning staff began project work to study and ultimately make a recommendation to the City Council on a rezoning of the 71 B Corridor to allow for the construction of housing, as recommended by the 2023 Housing Assessment. In May and June of this year planning staff facilitated a series of seven public meetings and exhibits that communicated the intent of a proposed rezoning and sought input on aspects of zoning that would be preferred, including permitted and disallowed uses, building height, setbacks, and tree protection. Approximately 100 people attended these in -person events, with approximately 75 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 people taking the in -person survey. An online survey on the city's Speak Up survey platform was available in the month of June, with 799 respondents. Planning staff reviewed those comments as well as public comments made in public hearings on development applications at both Planning Commission and City Council meetings over the course of the past year and compared the input to the city's existing zoning districts. Ultimately the input received did not entirely align with an existing zoning district, and staff began working on a draft of a new zoning district that responded more directly to the public input received. Planning staff presented public input to the Planning Commission at their annual retreat held on June 8, 2024 and solicited feedback from the commissioners on whether to approach a proposed rezoning using existing zoning district(s) or with a new zoning district created in response to the feedback received. Commissioners expressed an interest in evaluating a new zoning district in addition to options using existing zoning districts. Staff subsequently brought three separate draft proposals to the Planning Commission in their Long Range Planning Committee meetings in the months of June and July: one that proposed rezoning the parcels in the project study area to Urban Thoroughfare (UT) only, one that proposed rezoning the parcels in the project study area to a combination of UT and Main Street Center (MSC) zoning, with the MSC zoning applied at or near major intersections, and one that proposed a new zoning district, which began as "Urban General" but has been renamed to "Urban Corridor" in the course of the project. Downtown General (DG) zoning was also considered as it was proposed at the in -person meetings and in the online survey, however, as staff evaluated the various zoning districts in consideration side by side, the DG zoning district would have provided the most restrictive reduction in permitted uses, with several existing uses not being permitted or conditional in the DG zoning district. DISCUSSION: The purpose of this amendment is to establish a new zoning district titled "Urban Corridor" (UC). Through discussion with the Planning Commission in June and July staff developed UC in response to community input that leaned toward reducing instances of vehicle -oriented uses and site design in favor of zoning that supports walkable urban environments and that permits a mix of housing and commercial uses. The UC zoning district is intended to acknowledge the legacy of highway -oriented development and commercial -only zoning prominent along N. College Ave. and S. School Ave. and bridge existing zoning districts (primarily the UT and DG zoning districts) by adding higher -density housing types as permitted uses and requiring approval of a Conditional Use Permit for many vehicle -oriented uses rather than excluding them entirely. One goal for the corridor is facilitating a transit -supportive minimum density of 10 dwelling units per acre. As a result, single and two-family dwellings require a Conditional Use Permit as those housing types are typically constructed at a lower density than a goal transit -supportive minimum density for the corridor of 10 dwelling units per acre. A site design advantage to the proposed UC zoning district is that no minimum lot size or lot width is proposed, meaning lots would not have a zoning requirement to have street frontage, although street frontage may be required for utility connections depending on the lot, site, and utility configuration. The zoning district is not proposed to have a front setback, usually associated with large front parking lots and buildings set back from the street. Instead a 0'-30' front build -to zone is proposed, meaning future buildings would need to be located within the front 30' of the property where it abuts a public right-of-way. Siting buildings closer to the street creates shorter connections to building entrances for cyclists and pedestrians and creates a more urban streetscape when fully built out. Buildings would need to be built across a minimum of 50% of the lot frontage but could still utilize up to half of the frontage for vehicle circulation and site design elements. No side or rear setbacks are proposed unless the property is contiguous to a single- family residential zoning district, in which case the setback would be 15 feet. The building height maximum is proposed to be 8 stories. The proposed UC zoning district is attached, as well as a detailed listing of permitted uses, uses that would require approval of a Conditional Use Permit, and uses that would not be permitted. With the addition of a new zoning district comes amendments to other sections of the Unified Development Code (UDC). In this instance amendments are also needed to: • Section 160.01 — Establishment of Zoning Districts to add UC to the list of zoning districts. • Section 163.11 — Sexually Oriented Business to allow sexually oriented businesses in the UC zoning district as a conditional use. • Section 164.25 — Tandem Lot Development to establish building setbacks of 5 feet from all property lines for tandem lots, the same as for the mixed use zoning districts listed in Section 164.25(B)(5)(e). • Section 167.04 — Tree Preservation and Protection During Development to establish a minimum canopy requirement for the UC zoning district in Section 167.04(C) Table 1. This is proposed to be 20%, similar to some of the higher -intensity residential zoning districts and lower intensity commercial districts, and in acknowledgement of public input favoring tree canopy and the large amount of existing wooded hillside and intact tree canopy area along portions of the corridor. • Chapter 174 — Signs to establish sign regulations for the new zoning district: 0 174.03(C) — Exemptions to add UC to the table of signs in the row permitted to be illuminated and 32" in area. 0 174.10(A)(4), 174.10(B)(2)(f), 174.10(C)(3), and 174.10(D)(2) to add the UC zoning district to the list of commercial and mixed use zoning districts to define which sign regulations are applicable for the new district. (PLANNING COMMISSION ACTION: (Date: August 26, 2024 O Tabled Motion: Second: ote: BUDGET/STAFF IMPACT: None Attachments: Required YES O Forwarded O Denied • Proposed Ordinance §161.36, Urban Corridor • §160.01, Establishment of Zoning Districts, Strikethrough • §163.11, Sexually Oriented Business, Strikethrough • §164.25, Tandem Lot Development, Strikethrough • §167.04, Tree Preservation and Protection During Development, • §174.03, Exemptions, Strikethrough • §174.10, On Site Freestanding Signs, Strikethrough • §174.12, Wall Signs, Strikethrough Strikethrough • §160.01, Establishment of Zoning Districts, Clean • §163.11, Sexually Oriented Business, Clean • §164.25, Tandem Lot Development, Clean • §167.04, Tree Preservation and Protection During Development, Clean • §174.03, Exemptions, Clean • §174.10, On Site Freestanding Signs, Clean • §174.12, Wall Signs, Clean 161.36 Urban Corridor (A) Purpose. The Urban Corridor District is designed to provide a mix of commercial uses and housing along corridors that provide multi -modal transportation options. The district encourages walkable commercial, residential, and mixed -use developments in urban form that enhance function, economic vitality, and appearance along major urban thoroughfares. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 10 Three- and Four -Family Dwellings Unit 13 1 Eating places Unit 14 Hotel, Motel, and Amusement Facilities Unit 16 Shopping Goods Unit 19 Commercial Recreation, Small Sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor Stores Unit 40 Sidewalk Cafes Unit 41 Accessory Dwellings Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 8 Single -Family Dwellings Unit 9 Two -Family Dwellings Unit 17 Transportation trades and services Unit 18 Gasoline Service Stations and Drive-Thru Restaurants Unit 20 Commercial Recreation, Large Sites Unit 21 Warehousing and Wholesale Unit 28 Center for Collecting Recyclable Materials Unit 29 Dance Halls Unit 32 Sexually Oriented Business Unit 35 Outdoor Music Establishments Unit 36 Wireless communication facilities Unit 42 Clean Technologies Unit 43 Animal Boarding and Training Unit 44 Cluster Housing Development Page 1 of 2 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. None. (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 30 feet from the front property line. Side and rear: None Side or rear, when contiguous to 15 feet a single-family residential district: (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 18 stories Page 2 of 2 160.01 Establishment Of Districts The following zoning districts are hereby established: ZONING DISTRICTS R-A Residential - Agricultural RSF-.5 Residential Single-family - One -Half (%) Unit per Acre RSF-1 Residential Single-family - One (1) Unit per Acre RSF-2 Residential Single-family - Two (2) Units per Acre RSF-4 Residential Single-family - Four (4) Units per Acre RSF-7 Residential Single-family - Seven (7) Units per Acre RSF-8 Residential Single-family - Eight (8)Units per Acre RSF-18 Residential Single-family - Eighteen (18) Units per Acre RI Residential Intermediate, Twelve (12) Units Per Acre RI-U Residential Intermediate - Urban RMF-6 Residential Multi -family - Six (6) Units per Acre RMF-12 Residential Multi -family - Twelve (12) Units per Acre RMF-18 Residential Multi -family - Eighteen (18) Units per Acre RMF-24 Residential Multi -family - Twenty -Four (24) Units per Acre RMF-40 Residential Multi -family - Forty (40) Units per Acre R-O Residential -Office NS-L Neighborhood Services - Limited NS-G Neighborhood Services - General C-1 Neighborhood Commercial CS Community Services C-2 Thoroughfare Commercial C-3 Central Business Commercial UC Urban Corridor UT Urban Thoroughfare DC Downtown Core MSC Main Street Center DG Downtown General NC Neighborhood Conservation 1-1 Heavy Commercial and Light Industrial 1-2 General Industrial P-1 Institutional E-1 Extraction DOD Design Overlay District PZD I Planned Zoning District Page 1 of 1 163.11 Sexually Oriented Business (A) Classification. Sexually oriented businesses are classified as follows: (1) Adult arcade; (2) Adult bookstores and adult video stores; (3) Adult cabarets; (4) Adult motion picture theaters; and (5) Adult theaters. (B) Conditional Use. Sexually oriented businesses shall not be allowed in any zoning district except UC and C-2 where they may be allowed as conditional uses subject to the following: (1) No sexually oriented business may be operated within 500 feet of: (a) A church; (b) A public or private elementary, secondary, or post -secondary school, pre-school or child care facility; (c) A public park. (2) No sexually oriented business may be operated: (a) Within 200 feet of a boundary of a residential zone or any residential use; (b) Within 400 feet of a residential zone or any residential use as measured by automobile travel distance from the exit of a sexually oriented business property to the property line or the residential zone or use; (3) No sexually oriented business may be operated within 1,000 feet of another sexually oriented business or within 200 feet of any room, building, premises, place or establishment that sells or dispenses alcohol or beer. (4) For the purpose of this subsection (1), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot. Page 1 of 1 164.25 Tandem Lot Development (A) Where Allowed. Tandem lot development shall be permitted for a single-family dwelling and customary accessory structure and/or dwelling unit only and shall be permitted in all districts where single-family dwellings are permitted. The development of one (1) tandem lot behind another tandem lot shall be prohibited. (B) Requirements. Development of a tandem lot shall be subject to the following requirements: (1) The tandem lot shall have access to a public street by way of a private drive with a minimum width and specification, such as a vehicular turnaround, as determined by emergency response providers in accordance with applicable local, state, and federal codes. The tandem lot owner shall be responsible for maintaining said private drive so that emergency vehicles have safe access to the dwelling located on the lot. Parking of vehicles in the designated private drive for emergency vehicle access shall not be permitted. The tandem lot owner shall have title to, or a perpetual private easement in, the private drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum distance of 18 feet from said right-of-way in accordance with the driveway design standards in Fayetteville Unified Development Code Chapter 172. (2) The distance between the private drive of a tandem lot and any adjacent driveway shall not be less than the minimum distance between curb cuts in Fayetteville Unified Development Code Chapter 166 Street Design and Access Management Standards. (3) Solid waste service for the tandem lot shall be provided by customers placing standard residential garbage carts, recycling bins, and yard waste at a designated collection point on trash day in accordance with City of Fayetteville Code of Ordinances Chapter 50.20(B). The designated collection point shall be identified at the time the tandem lot is created, in coordination with the City Solid Waste Division. Garbage carts and recycling bins shall not be placed at the collection point more than twelve (12) hours before or after regular trash pickup in accordance with Chapter 50.20(B). (4) Lot Width and Area. The tandem lot, excluding the private drive, shall conform to the minimum lot width and lot area requirements of the zoning district in which it is located, unless a variance is otherwise granted by the Board of Adjustment. (5) Setback. Each tandem lot shall have a minimum building setback requirement as follows: (a) Tandem lots shall have a minimum building setback requirement of 35 feet from all property lines in the R-A, RSF-.5, and RSF-1 zoning districts. (b) Tandem lots shall have a minimum building setback requirement of 30 feet from all property lines in the RSF-2 zoning district. (c) Tandem lots shall have a minimum building setback requirement of 15 feet from all property lines in the RSF-4 and RSF-7 zoning districts. (d) Tandem lots shall have a minimum building setback requirement of 10 feet from all property lines in the R-0 zoning district. (e) Tandem lots shall have a minimum building setback requirement of 5 feet from all property lines in the RSF-8, RSF-18, RI-12, RI-U, RMF-6, RMF-12, RMF-18, RMF-24, RMF-40, NS-L, NS-G, CS, UC, UT, DC, MSC, DG, and NC zoning districts. (f) Any variance to the minimum building setback requirement may only be granted by the Board of Adjustment. (C) Variances. Variances to the requirements in (B)(1)—(B)(3) of this section shall be administered as development regulations to be considered by the Planning Commission. All other variances to zoning Page 1 of 2 regulations, including those in (8)(4) and (13)(5), shall be administered as zoning regulations for variance purposes. Page 2 of 2 167.04 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 plan 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 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 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 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. (3) The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. Page 1 of 11 (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 approval, 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% 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% Page 2 of 11 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% UC, Urban Corridor 20% 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% 1-1, Heavy Commercial and Light Industrial 15% 1-2, 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 be counted toward the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to avoid existing canopy. Page 3 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 Escrow 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 preservation of the minimum tree canopy requirement. Page 4 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 Forester 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, (j) Any other factors that may impact the design of the site. Page 5 of 11 (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, fencing, 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 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 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. (1) 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; (b) The percentage below the percent minimum canopy requirement they represent; and Page 6 of 11 (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. (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 Page 7 of 11 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 shall 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 Facades). (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 Fagade. A green fagade is created by growing climbing plants up and across the fagade 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 fagade 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. (iii) The calculation for a green fagade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green facade. (J) Request for Off -Site Alternatives. Page 8 of 11 (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 conveyed 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 achieved. 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) 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. (b) 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 non-residential subdivisions. (c) 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; (ii) Shall not revert to the general fund for ongoing operations. (d) 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. Page 9 of 11 (e) 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. (f) Refunds shall be paid to the applicant who made the original contribution. (g) 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 due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. (h) 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. (i) 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 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 scale site improvements, commercial 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 Council meeting. Page 10 of 11 (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. Page 11 of 11 174.03 Exemptions Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with certain applicable provisions of this chapter. The exemptions shall apply to the requirement for a sign permit. No sign permit shall be required for the erection of the following signs which are hereby authorized to be erected in compliance with the listed conditions: (A) Professional Name Plates. Professional name plates erected flat on walls of building and not exceeding four (4) square feet of display surface area. (B) Building Construction Signs. One (1) on -site building construction sign on each construction site in any zoning district, provided that maximum display surface area shall be 8 square feet or less in R zoning districts: 32 square feet or less in other zoning districts. (C) Real Estate Signs. On a lot in any district, there may be erected one (1) on -site unanimated real estate sign while the lot is for sale. Provided further, such signs shall be limited to wall signs, freestanding signs or platform signs; and freestanding signs or platform signs shall be set back a minimum of 10 feet from the street. Real estate signs shall be removed within seventy-two (72) hours following the closing (sale) of the property on which it is located. The permitted illumination and maximum display surface area for a real estate sign shall be as follows: District Permitted Illumination Area (Square Footage) RA Non -illuminated 32" P-1, C, I, BUT, DC, MSC, CPZD Illuminated 32" All other districts I Non -illuminated 1 8" (D) Home Occupation Signs. Home occupation signs erected flat against the wall and not exceeding 3 square feet. (E) Memorial Signs, Name Signs. Memorial signs or tables, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials. (F) Traffic Signs, Etc. Traffic or other municipal signs, legal notices, railroad crossing signs, danger, and such temporary, emergency or nonadvertising signs as may be approved by the City Council. (G) Posting Bills, Repainting Signs. Posting of bills on signs, repainting of signs, or the changing of letters or numbers on signs designed for changeable lettering or numbering which were legally erected and maintained for such purposes. (H) Non -Commercial Signs. Non-commercial signs are permitted to be placed on private property by the land owner or lawful tenant in any zoned district subject to the following conditions: (1) Districts Where Most Signs Are Not Permitted. In districts where most signs are not permitted (primarily residential districts), one (1) non-commercial sign may be erected subject to the limitations stated in §174.03 (C) for real estate signs. (2) Districts Where Signs Are Permitted. In districts where signs are otherwise permitted, non-commercial signs may be placed over or substituted for the permitted commercial sign. (3) All Districts. In addition to the non-commercial sign allowed above, sixty (60) days prior to any general, primary, runoff or special election, a property owner may display additional non -illuminated, temporary non-commercial signs of the same size allowed for real estate signs allowed in §174.03 (C). All such signs (not authorized for further display by an upcoming election such as a run-off) must be Page 1 of 3 removed by the property owner within three (3) days of the election which authorized the signs' installation. (I) Time and Temperature Displays. Time and temperature displays without advertising matter, may change their illuminated time and temperature displays as often as reasonably necessary to provide accurate and convenient information to observers without being considered to be in violation of §174.08 B. Fluctuating Illumination. (J) Banners. Public event, special sales event and non-commercial banners (not to exceed 3 feet by 30 feet) and large non-commercial signs (not to exceed 32 square feet) may be temporarily installed under the following terms and conditions: (1) Non -Commercial Banners and Large Signs. (a) Residential Zones Including Neighborhood Conservation, Residential Office, Residential Agriculture and RPZD. In addition to the non-commercial sign allowed in subsection (H), the owner of a residentially zoned parcel may install one (1) large temporary non-commercial sign of up to 32 square feet no more than sixty (60) days prior to (and to be removed within three (3) days following) an election. (b) All Other Zones. The owner of a parcel may install one (1) large temporary non-commercial sign of up to 32 square feet no more than sixty (60) days prior to (and to be removed within three (3) days following) an election. If the parcel has more than 100 feet of frontage on a street, the owner may install one (1) large temporary non-commercial sign per hundred feet of frontage. No more than once a year, an owner may substitute and install a non-commercial banner for an allowed special sales event banner no more than two (2) weeks prior to (and to be removed within three (3) days following) the election. (2) Special Sales Event Banner. In Commercial, Downtown Core, Downtown General, Main Street Central, and C-PZD zones, a commercial retail business may advertise a special sales event by installing a special sales event banner on its property at least 40 feet from the street right of way and no higher than 30 feet above street level for a total display time of no more than ten (10) days, no more than one (1) time a year. (3) Public Event Banners. Nonprofit organizations and government entities may install public event banners under the following conditions: (a) In order to notify or invite the public to attend a public festival or event sponsored by the nonprofit organization or government entity, this organization may install a public event banner (that may not contain advertising or commercial logos) on its property at least 20 feet from the street right of way or on the building's facade and no more than 30 feet above the street for a total display time of no more than fourteen (14) days six (6) times a year. (b) In order to notify or invite the public to attend a public festival or event within the Downtown Master Plan area or the University of Arkansas campus sponsored by the nonprofit organization or government entity, that organization may pay the costs of the CITY to install one (1), two (2), or three (3) cross street public event banners (with no advertising or commercial logos) at one or more city authorized sites {intersections of Dickson and Block, and Dickson and Arkansas, and on Block between Dickson and Meadow} for no more than fourteen (14) days once a year. When more than one nonprofit organization or government entity would qualify and timely requests to pay for the installation of cross street banners during the same period, the number of cross street banners for each organization may be reduced to one (1) and/or the length of display may be shortened to one (1) week so that each qualified applicant is treated equally. (K) Signs Located in Buildings. Any sign located within a building that is not visible to the public outside said building is exempt from all regulations in this chapter. Page 2 of 3 (L) Signs on Windows. Signs painted, affixed to or clearly visible through windows and doors are exempt from the permit requirement. However, such signs are considered wall signs and must conform to all requirements and limitations for wall signs pursuant to §174.12, Wall signs. (M) Directional Identification and Informational Signs. Directional, identification, and informational signs; provided such signs shall be limited to wall and freestanding signs with a maximum of 4 square feet of display surface area. Notwithstanding the restrictions on the location and number of freestanding signs prescribed by §174.10, one (1) freestanding sign not exceeding 4 square feet in display surface area shall be permitted at each entrance or exit on a lot or parcel to identify such entrance or exit and to encourage the use of motor vehicle seatbelts, subject to the following restrictions. (1) Traffic Hazard. No such sign shall be erected which would create a traffic hazard. (2) Seat Belt Sign. Any words or symbols encouraging the use of seatbelts shall face the interior of the lot or parcel on which the sign is located and shall not face the street. (3) Advertising. No advertising or commercial logos may be incorporated into the sign. (N) Collection Boxes. Collection boxes for charitable or nonprofit organizations containing no commercial advertising and located on private property in any commercial or industrial zoning districts. (0) Subdivision Signs. In any district, one temporary subdivision identification sign indirectly illuminated, not to exceed 50 square feet in area per surface may be erected at any principal entrance to a subdivision, provided that in no event shall such sign remain for more than six (6) months within 50 feet of a dwelling in a R district occupied as a dwelling. (P) Freestanding Bulletin Board. A church or other religious institution and a school serving primary and/or secondary education Fayetteville students may install one (1) freestanding bulletin board (not an electronic message board) on its campus to communicate non-commercial information and events at such church or school. The bulletin board may be 10 square feet and must be set back a minimum of 15 feet from the street right-of-way. The school or church may enlarge the bulletin board up to maximum of 24 square feet by moving it back from street right-of-way 1 additional foot for each 2 square feet of display surface area in excess of the normal 10 square feet allowed. This bulletin board sign shall be in addition to any other signs authorized in this chapter. (Q) Fuel Price Informational Signs. In any district, signs advertising the price of motor vehicle fuel sold from a fuel pump located on the premises shall be permitted, subject to the following conditions: (1) Price. Only one (1) fuel price informational sign shall be permitted per fuel pump. (2) Size. Fuel price informational signs shall be limited in size to an area of 216 square inches. (3) Stationary. Each fuel price informational sign shall be affixed directly and firmly to a fuel pump and shall be stationary. (4) Other Locations. Nothing herein shall be construed as to prohibit the advertisement of fuel prices on any other sign meeting the requirements of this chapter. (5) Sign Faces. Only one (1) two (2) faced, or two (2) one (1) faced, self-service/full service signs not exceeding four (4) square feet in display surface area shall be permitted at each pump island. (R) Fences and Scoreboards in City Parks. Signs may be permitted on baseball/softball fences and scoreboards in city parks as provided for in §97.088(B). (S) Pedicabs. Pedicabs not operating on city trails may be allowed one advertising sign placed upon the rear of the pedicab and extending no higher than the stock body of the pedicab. The sign shall not be illuminated and shall not exceed 6 square feet (2 feet &times 3 feet). Prior to displaying this sign publicly, such sign as attached to the pedicab must be presented to the Zoning and Development Administrator for permitting and, if the sign is in full compliance with this subsection, approval. Page 3 of 3 174.10 On -Site Freestanding Signs On -Site Freestanding signs shall be permitted to be erected in the city subject to the following: Only one (1) freestanding sign shall be permitted on a lot, except where otherwise described herein. It shall be unlawful to erect any off -site freestanding sign or any freestanding sign that does not meet the sign type, size, display surface area, setback, height, or illumination as described herein. (A) Pole Signs. The following regulations pertain to signs identified as "pole signs". It shall be unlawful to erect any pole sign which total height is greater than 17.5 feet, unless further limited herein, above the level of the street upon which the sign faces; provided the pole supported sign may be increased in height % foot for every foot of additional setback beyond the required 15 feet from the right-of-way with a maximum height of 30 feet. On -site pole signs shall be permitted to be erected in the city subject to the following: (1) R-A District. (a) Number of Signs. Only one (1) pole sign shall be permitted at an agricultural or permitted business located on one (1) or more adjoining lots. (b) Display Surface Area. The maximum display surface area shall not exceed 16 square feet. (c) Illumination. Sign may be illuminated by indirect illumination only. (d) Setback from Right -of -Way. Sign shall be setback 35 feet from street right-of-way and 25 feet from any R or R-O District. (2) RSF and RT Districts. Except pursuant to §174.03, pole signs shall be prohibited and no pole signs shall be erected in RSF and RT Districts of the City. (3) RMF, R-O, NC, and NS Districts. (a) Number of Signs. Only one (1) on -site freestanding sign shall be permitted on a lot or at a business operating on two (2) or more adjoining lots. (b) Display Surface Area. The maximum display surface area shall not exceed 4 square feet; (c) Setback from Right -of -Way. The sign shall be setback a minimum of 15 feet from street right-of- way. (d) Setback from Adjoining Property. The sign shall be setback a minimum of 25 feet from the boundary of any RSF District and 15 feet from all other zoning districts. (e) Height. The height of the sign shall not be greater than six (6) feet above the level of the street upon which the sign faces. (f) Illumination. The sign shall be illuminated by indirect illumination only. (4) C, I, DG, MSC, DC, CS, P-1, hand UT Districts. (a) Number of signs. Only one (1) pole sign shall be permitted on a lot, at a shopping center, or at a mall; provided only one (1) on -site pole sign shall be permitted for any business operating on two (2) or more adjoining lots. (b) Display Surface Area and Setback from Right -of -Way. The display surface area shall not exceed 10 square feet and shall be setback 15 feet or more from the right-of-way; provided, the display surface area may be increased 2 square feet for each 1 foot of additional setback from the right- of-way beyond 15 feet; provided further, the maximum display surface area for a sign which is setback from the street right-of-way 40 feet or more shall be 75 square feet. Page 1 of 4 (c) Setback from Adjoining Property. Setback shall be a minimum of 25 feet from the boundary of any adjoining property. (B) Monument Sign. The following regulations pertain to signs identified as "monument signs", which are freestanding signs whose entire base is in contact with and supported by the ground. (1) Number of Signs. Where a monument sign is permitted, only one (1) sign shall be erected on a lot or at a business operating on two (2) or more adjoining lots. (2) Display Surface Area. (a) RSF and RT Districts. Prohibited on individual lots. (b) NC District. Where a conditional use permit has been approved for a nonresidential use within the Neighborhood Conservation zoning district the display surface area of the monument sign shall not exceed 10 square feet. (c) NS and RMF Districts. The display surface area shall not exceed 16 square feet. (d) R-A District. The display surface area shall not exceed 32 square feet. (e) R-O Districts. The display surface area shall not exceed 50 square feet. (f) C, I, DG, MSC, DC, CS, P-1, land UT Districts. The display surface area shall not exceed 75 square feet. (3) Setback from right-of-way. The sign shall be setback a minimum of 10 feet from the right-of-way. (4) Setback from Adjoining Property Lines. The sign shall be setback a minimum of 25 feet from the boundary of any RSF district and 15 feet from all other zoning districts. (5) Height. The maximum height of a sign shall be 6 feet from the surrounding grade. (C) Joint Identification Sign. The following regulations pertain to signs identified as joint identification signs: Joint identification signs must provide area for the display of a minimum of two (2) person(s) or business(s) and may be located at no more than two (2) remote entrance locations, as approved by the Planning Division. The permit applicant shall provide a recorded legal document as approved by the Planning Division indicating ownership and responsibility for maintenance of sign and subject to the following: (1) R-A, RSF, RT, RMF, P, NC, and NS Districts. Prohibited. (2) R-O District. Monument joint identification sign permitted only. (a) Display Surface Area. Display surface area shall not exceed 50 square feet. (b) Setback from Right -of -Way. Signs shall be setback a minimum of 10 feet from the right-of-way. (c) Setback from Adjoining Property. Setback shall be a minimum of 10 feet from adjoining non- residential property and 25 feet from adjoining residential property. (d) Height. The maximum height of a sign shall be six (6) feet from the surrounding grade. (3) C, 1, DG, MSC, DC, CS, land UT Districts. (a) Monument. The following regulations apply to a monument joint identification sign, whose entire base is in contact with and supported by the ground: (i) Multi -tenant Building Containing 37,500 Square Feet or Less of Leasable Tenant Space: Display Surface Area and Setback from Right -of -Way. Display surface area shall not exceed 75 square feet and the sign shall be setback 10 feet or more from the right-of-way. Page 2 of 4 Height. The maximum height of a sign shall be six (6) feet above the level of the surrounding grade. (ii) Multi -Tenant Building Containing More Than 37,500 Square Feet: Display Surface Area. Display surface area shall not exceed 75 square feet; provided the display surface area of a joint identification signs may be increased one additional square foot per 500 square feet of gross leaseable building area over 37,500 square feet, as approved by the Planning Division. Total display surface area shall not exceed 300 square feet. b. Height and Setback from Right -of -Way. The maximum height of the sign shall be 6 feet above the level of the surrounding grade when setback 10 feet or more from the right-of-way; provided, the maximum height of the sign may increase to 10 feet above the surrounding grade when setback 20 feet or more from the right-of-way. C. Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet from the boundary of any adjoining property. (b) Pole. The following regulations apply to pole -mounted joint identification signs: (i) Display Surface Area and setback from Right -of -Way. The display surface area shall not exceed 10 square feet and shall be setback 15 feet or more from the right-of-way; provided, the display surface area may be increased 2 square feet for each 1 foot of additional setback from the right-of-way beyond 15 feet; provided further, the maximum display surface area for a sign which is setback from the street right-of-way 40 feet or more shall be 75 square feet. Exception. Display surface area shall not exceed 75 square feet, provided the display surface area of joint identification signs may be increased one additional square foot per 500 square feet of gross leaseable building area over 37,500 square feet, as approved by the Planning Division. Total display surface area shall not exceed 300 square feet. (ii) Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet from the boundary of any adjoining property. (iii) Height. The height of a sign shall be a maximum of 17.5 feet, provided the pole -mounted sign may be increased in height % foot for every foot of additional setback beyond the required 15 feet from the right-of-way with a maximum height of 30 feet. (D) Area signs. The location of the fence, wall, or other structure which will contain the area identification sign must be approved by the Planning Division, which will approve such structure upon the criterion of traffic safety sight lines. Area signs shall not be located within the Master Street Plan right-of-way. (1) R-A, RSF, RT, RMF, NC, NS, and R-O Districts. (a) Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with more than one (1) entrance may not have a sign at more than two (2) locations. (b) Display Surface Area. An area sign with display on one (1) side located on each side of an entrance street may be substituted for a single sign with display on both sides. The display surface area shall not exceed 32 square feet. (2) C, 1, DG, MSC, DC, CS, P-1, wand UT Districts. (a) Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with more than one (1) entrance may not have a sign at more than two (2) locations. Page 3 of 4 (b) Display Surface Area. An area sign with display on one (1) side located on each side of an entrance street may be substituted for a single sign with display on both sides. The display surface area shall not exceed 75 square feet. (E) Bulletin Boards. The following regulations pertain to signs identified as "bulletin boards", which are erected for the purposes of announcing events which are held on the premises: (1) RSF, RT, and NC Districts. Where a conditional use permit has been approved for a charitable, educational, or religious institution or a public body within these districts, the following limitations shall apply: (a) Number of Signs. Only one (1) on -site bulletin board shall be permitted on a lot or for a use operating on two (2) or more adjoining lots. (b) Display Surface Area. Monument sign only, with a display surface area not to exceed 16 square feet. (c) Setback from Right -of -Way. The bulletin board shall be setback a minimum of 10 feet from the street right-of-way. (d) Setback from Adjoining Properties. The sign shall be setback a minimum of 25 feet from the boundary of any RSF district and 15 feet from all other zoning districts. (e) Height.The height of the bulletin board shall not be greater than 6 feet above the level of the street upon which the sign faces. (f) Humination. Electronic message boards shall be prohibited. Page 4 of 4 174.12 Wall Signs Wall signs shall not project more than 18 inches from the surface upon which they are mounted. The upper edge of a wall sign mounted on a mansard roof may project more than 18 inches so long as the sign is perpendicular to the ground. The allowable display surface area of a wall sign is determined by the wall on which it is located. (A) NC, RSF and RT Districts. Where a conditional use permit has been approved for a nonresidential use within these zoning districts, the following limitations shall apply: (1) Number of Signs. Limit of one (1) on -site wall sign per business per building; provided, when a building abuts more than one street, the limit shall be one (1) on -site wall sign per business per building for each wall which faces an abutting street. In no case shall a business have more than one wall sign on any one (1) wall. (2) Display Surface Area. Display surfaces of each sign shall not exceed 8 square feet. (3) Illumination. The color of the sign shall be compatible with the colors of the structure, and only indirect external lighting is permitted. (4) Exceptions: (a) Home Occupations. Signage for a home occupation in an RSF districts shall be prohibited except where it is required by the applicable licensing board, subject to proof of said requirement. (B) RMF Districts. (1) Number of Signs. Limit of one (1) on -site wall sign per business per building; provided, when a building abuts more than one (1) street, the limit shall be one (1) on -site wall sign per business per building for each wall which faces an abutting street. In no case shall a business have more than one (1) wall sign on any wall. (2) Display Surface Area. Display surfaces of each sign shall not exceed 16 square feet. (C) R-A, R-O, and NS Districts. (1) Number of signs. Limit of two (2) on -site wall signs per business per building. In no case shall a business have more than one (1) wall sign on any wall. (2) Display Surface Area. The display surface area of a sign shall not exceed 16 square feet where the wall adjoins a residential land use, or 50 square feet where the wall adjoins a nonresidential land use, or street right-of-way. (D) C, 1, DG, MSC, DC, CS, P-1, wand UT Districts. (1) Number of Signs. (a) Single Tenant. Where a building houses only one (1) business, a maximum of four (4) wall signs may be placed on one wall, but no more than four (4) wall signs may be placed on the building. (b) Multiple Tenants. Where a building houses more than one business, each business shall be entitled to a maximum of one (1) wall sign per business on each wall of the building, with a maximum of four (4) total wall signs per business per building. In no case shall a business have more than one (1) wall sign on any wall. (2) Display Surface Area. (a) Single Tenant. The display surface area shall not exceed 20% of the first 1,000 square feet of wall area and 5% of any additional wall area. Page 1 of 2 (b) Multiple Tenants. Where a building houses more than one (1) business, the display surface area of each tenant's allowable wall sign(s) shall not exceed 150 square feet. Furthermore, the display surface area for all wall signs on any one wall may not exceed 20% of that total wall area. (E) Off -Site Wall Signs. Off -site wall signs shall be prohibited in all zoning districts. Page 2 of 2 160.01 Establishment Of Districts The following zoning districts are hereby established: ZONING DISTRICTS R-A Residential - Agricultural RSF-.5 Residential Single-family - One -Half (%) Unit per Acre RSF-1 Residential Single-family - One (1) Unit per Acre RSF-2 Residential Single-family - Two (2) Units per Acre RSF-4 Residential Single-family - Four (4) Units per Acre RSF-7 Residential Single-family - Seven (7) Units per Acre RSF-8 Residential Single-family - Eight (8)Units per Acre RSF-18 Residential Single-family - Eighteen (18) Units per Acre RI Residential Intermediate, Twelve (12) Units Per Acre RI-U Residential Intermediate - Urban RMF-6 Residential Multi -family - Six (6) Units per Acre RMF-12 Residential Multi -family - Twelve (12) Units per Acre RMF-18 Residential Multi -family - Eighteen (18) Units per Acre RMF-24 Residential Multi -family - Twenty -Four (24) Units per Acre RMF-40 Residential Multi -family - Forty (40) Units per Acre R-O Residential -Office NS-L Neighborhood Services - Limited NS-G Neighborhood Services - General C-1 Neighborhood Commercial CS Community Services C-2 Thoroughfare Commercial C-3 Central Business Commercial UC Urban Corridor UT Urban Thoroughfare DC Downtown Core MSC Main Street Center DG Downtown General NC Neighborhood Conservation 1-1 Heavy Commercial and Light Industrial 1-2 General Industrial P-1 Institutional E-1 Extraction DOD Design Overlay District PZD I Planned Zoning District Page 1 of 1 163.11 Sexually Oriented Business (A) Classification. Sexually oriented businesses are classified as follows: (1) Adult arcade; (2) Adult bookstores and adult video stores; (3) Adult cabarets; (4) Adult motion picture theaters; and (5) Adult theaters. (B) Conditional Use. Sexually oriented businesses shall not be allowed in any zoning district except UC and C-2 where they may be allowed as conditional uses subject to the following: (1) No sexually oriented business may be operated within 500 feet of: (a) A church; (b) A public or private elementary, secondary, or post -secondary school, pre-school or child care facility; (c) A public park. (2) No sexually oriented business may be operated: (a) Within 200 feet of a boundary of a residential zone or any residential use; (b) Within 400 feet of a residential zone or any residential use as measured by automobile travel distance from the exit of a sexually oriented business property to the property line or the residential zone or use; (3) No sexually oriented business may be operated within 1,000 feet of another sexually oriented business or within 200 feet of any room, building, premises, place or establishment that sells or dispenses alcohol or beer. (4) For the purpose of this subsection (1), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot. Page 1 of 1 164.25 Tandem Lot Development (A) Where Allowed. Tandem lot development shall be permitted for a single-family dwelling and customary accessory structure and/or dwelling unit only and shall be permitted in all districts where single-family dwellings are permitted. The development of one (1) tandem lot behind another tandem lot shall be prohibited. (B) Requirements. Development of a tandem lot shall be subject to the following requirements: (1) The tandem lot shall have access to a public street by way of a private drive with a minimum width and specification, such as a vehicular turnaround, as determined by emergency response providers in accordance with applicable local, state, and federal codes. The tandem lot owner shall be responsible for maintaining said private drive so that emergency vehicles have safe access to the dwelling located on the lot. Parking of vehicles in the designated private drive for emergency vehicle access shall not be permitted. The tandem lot owner shall have title to, or a perpetual private easement in, the private drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum distance of 18 feet from said right-of-way in accordance with the driveway design standards in Fayetteville Unified Development Code Chapter 172. (2) The distance between the private drive of a tandem lot and any adjacent driveway shall not be less than the minimum distance between curb cuts in Fayetteville Unified Development Code Chapter 166 Street Design and Access Management Standards. (3) Solid waste service for the tandem lot shall be provided by customers placing standard residential garbage carts, recycling bins, and yard waste at a designated collection point on trash day in accordance with City of Fayetteville Code of Ordinances Chapter 50.20(B). The designated collection point shall be identified at the time the tandem lot is created, in coordination with the City Solid Waste Division. Garbage carts and recycling bins shall not be placed at the collection point more than twelve (12) hours before or after regular trash pickup in accordance with Chapter 50.20(B). (4) Lot Width and Area. The tandem lot, excluding the private drive, shall conform to the minimum lot width and lot area requirements of the zoning district in which it is located, unless a variance is otherwise granted by the Board of Adjustment. (5) Setback. Each tandem lot shall have a minimum building setback requirement as follows: (a) Tandem lots shall have a minimum building setback requirement of 35 feet from all property lines in the R-A, RSF-.5, and RSF-1 zoning districts. (b) Tandem lots shall have a minimum building setback requirement of 30 feet from all property lines in the RSF-2 zoning district. (c) Tandem lots shall have a minimum building setback requirement of 15 feet from all property lines in the RSF-4 and RSF-7 zoning districts. (d) Tandem lots shall have a minimum building setback requirement of 10 feet from all property lines in the R-0 zoning district. (e) Tandem lots shall have a minimum building setback requirement of 5 feet from all property lines in the RSF-8, RSF-18, RI-12, RI-U, RMF-6, RMF-12, RMF-18, RMF-24, RMF-40, NS-L, NS-G, CS, UC, UT, DC, MSC, DG, and NC zoning districts. (f) Any variance to the minimum building setback requirement may only be granted by the Board of Adjustment. (C) Variances. Variances to the requirements in (B)(1)—(B)(3) of this section shall be administered as development regulations to be considered by the Planning Commission. All other variances to zoning Page 1 of 2 regulations, including those in (8)(4) and (13)(5), shall be administered as zoning regulations for variance purposes. Page 2 of 2 167.04 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 plan 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 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 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 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. (3) The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. Page 1 of 11 (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 approval, 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% 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% Page 2 of 11 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% UC, Urban Corridor 20% 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% 1-1, Heavy Commercial and Light Industrial 15% 1-2, 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 be counted toward the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to avoid existing canopy. Page 3 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 Escrow 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 preservation of the minimum tree canopy requirement. Page 4 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 Forester 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, (j) Any other factors that may impact the design of the site. Page 5 of 11 (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, fencing, 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 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 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. (1) 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; (b) The percentage below the percent minimum canopy requirement they represent; and Page 6 of 11 (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. (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 Page 7 of 11 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 shall 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 Facades). (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 Fagade. A green fagade is created by growing climbing plants up and across the fagade 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 fagade 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. (iii) The calculation for a green fagade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green facade. (J) Request for Off -Site Alternatives. Page 8 of 11 (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 conveyed 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 achieved. 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) 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. (b) 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 non-residential subdivisions. (c) 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; (ii) Shall not revert to the general fund for ongoing operations. (d) 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. Page 9 of 11 (e) 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. (f) Refunds shall be paid to the applicant who made the original contribution. (g) 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 due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. (h) 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. (i) 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 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 scale site improvements, commercial 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 Council meeting. Page 10 of 11 (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. Page 11 of 11 174.03 Exemptions Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with certain applicable provisions of this chapter. The exemptions shall apply to the requirement for a sign permit. No sign permit shall be required for the erection of the following signs which are hereby authorized to be erected in compliance with the listed conditions: (A) Professional Name Plates. Professional name plates erected flat on walls of building and not exceeding four (4) square feet of display surface area. (B) Building Construction Signs. One (1) on -site building construction sign on each construction site in any zoning district, provided that maximum display surface area shall be 8 square feet or less in R zoning districts: 32 square feet or less in other zoning districts. (C) Real Estate Signs. On a lot in any district, there may be erected one (1) on -site unanimated real estate sign while the lot is for sale. Provided further, such signs shall be limited to wall signs, freestanding signs or platform signs; and freestanding signs or platform signs shall be set back a minimum of 10 feet from the street. Real estate signs shall be removed within seventy-two (72) hours following the closing (sale) of the property on which it is located. The permitted illumination and maximum display surface area for a real estate sign shall be as follows: District Permitted Illumination Area (Square Footage) RA Non -illuminated 32" P-1, C, I, UC, UT, DC, MSC, CPZD Illuminated 32" All other districts I Non -illuminated 1 8" (D) Home Occupation Signs. Home occupation signs erected flat against the wall and not exceeding 3 square feet. (E) Memorial Signs, Name Signs. Memorial signs or tables, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials. (F) Traffic Signs, Etc. Traffic or other municipal signs, legal notices, railroad crossing signs, danger, and such temporary, emergency or nonadvertising signs as may be approved by the City Council. (G) Posting Bills, Repainting Signs. Posting of bills on signs, repainting of signs, or the changing of letters or numbers on signs designed for changeable lettering or numbering which were legally erected and maintained for such purposes. (H) Non -Commercial Signs. Non-commercial signs are permitted to be placed on private property by the land owner or lawful tenant in any zoned district subject to the following conditions: (1) Districts Where Most Signs Are Not Permitted. In districts where most signs are not permitted (primarily residential districts), one (1) non-commercial sign may be erected subject to the limitations stated in §174.03 (C) for real estate signs. (2) Districts Where Signs Are Permitted. In districts where signs are otherwise permitted, non-commercial signs may be placed over or substituted for the permitted commercial sign. (3) All Districts. In addition to the non-commercial sign allowed above, sixty (60) days prior to any general, primary, runoff or special election, a property owner may display additional non -illuminated, temporary non-commercial signs of the same size allowed for real estate signs allowed in §174.03 (C). All such signs (not authorized for further display by an upcoming election such as a run-off) must be Page 1 of 3 removed by the property owner within three (3) days of the election which authorized the signs' installation. (I) Time and Temperature Displays. Time and temperature displays without advertising matter, may change their illuminated time and temperature displays as often as reasonably necessary to provide accurate and convenient information to observers without being considered to be in violation of §174.08 B. Fluctuating Illumination. (J) Banners. Public event, special sales event and non-commercial banners (not to exceed 3 feet by 30 feet) and large non-commercial signs (not to exceed 32 square feet) may be temporarily installed under the following terms and conditions: (1) Non -Commercial Banners and Large Signs. (a) Residential Zones Including Neighborhood Conservation, Residential Office, Residential Agriculture and RPZD. In addition to the non-commercial sign allowed in subsection (H), the owner of a residentially zoned parcel may install one (1) large temporary non-commercial sign of up to 32 square feet no more than sixty (60) days prior to (and to be removed within three (3) days following) an election. (b) All Other Zones. The owner of a parcel may install one (1) large temporary non-commercial sign of up to 32 square feet no more than sixty (60) days prior to (and to be removed within three (3) days following) an election. If the parcel has more than 100 feet of frontage on a street, the owner may install one (1) large temporary non-commercial sign per hundred feet of frontage. No more than once a year, an owner may substitute and install a non-commercial banner for an allowed special sales event banner no more than two (2) weeks prior to (and to be removed within three (3) days following) the election. (2) Special Sales Event Banner. In Commercial, Downtown Core, Downtown General, Main Street Central, and C-PZD zones, a commercial retail business may advertise a special sales event by installing a special sales event banner on its property at least 40 feet from the street right of way and no higher than 30 feet above street level for a total display time of no more than ten (10) days, no more than one (1) time a year. (3) Public Event Banners. Nonprofit organizations and government entities may install public event banners under the following conditions: (a) In order to notify or invite the public to attend a public festival or event sponsored by the nonprofit organization or government entity, this organization may install a public event banner (that may not contain advertising or commercial logos) on its property at least 20 feet from the street right of way or on the building's facade and no more than 30 feet above the street for a total display time of no more than fourteen (14) days six (6) times a year. (b) In order to notify or invite the public to attend a public festival or event within the Downtown Master Plan area or the University of Arkansas campus sponsored by the nonprofit organization or government entity, that organization may pay the costs of the CITY to install one (1), two (2), or three (3) cross street public event banners (with no advertising or commercial logos) at one or more city authorized sites {intersections of Dickson and Block, and Dickson and Arkansas, and on Block between Dickson and Meadow} for no more than fourteen (14) days once a year. When more than one nonprofit organization or government entity would qualify and timely requests to pay for the installation of cross street banners during the same period, the number of cross street banners for each organization may be reduced to one (1) and/or the length of display may be shortened to one (1) week so that each qualified applicant is treated equally. (K) Signs Located in Buildings. Any sign located within a building that is not visible to the public outside said building is exempt from all regulations in this chapter. Page 2 of 3 (L) Signs on Windows. Signs painted, affixed to or clearly visible through windows and doors are exempt from the permit requirement. However, such signs are considered wall signs and must conform to all requirements and limitations for wall signs pursuant to §174.12, Wall signs. (M) Directional Identification and Informational Signs. Directional, identification, and informational signs; provided such signs shall be limited to wall and freestanding signs with a maximum of 4 square feet of display surface area. Notwithstanding the restrictions on the location and number of freestanding signs prescribed by §174.10, one (1) freestanding sign not exceeding 4 square feet in display surface area shall be permitted at each entrance or exit on a lot or parcel to identify such entrance or exit and to encourage the use of motor vehicle seatbelts, subject to the following restrictions. (1) Traffic Hazard. No such sign shall be erected which would create a traffic hazard. (2) Seat Belt Sign. Any words or symbols encouraging the use of seatbelts shall face the interior of the lot or parcel on which the sign is located and shall not face the street. (3) Advertising. No advertising or commercial logos may be incorporated into the sign. (N) Collection Boxes. Collection boxes for charitable or nonprofit organizations containing no commercial advertising and located on private property in any commercial or industrial zoning districts. (0) Subdivision Signs. In any district, one temporary subdivision identification sign indirectly illuminated, not to exceed 50 square feet in area per surface may be erected at any principal entrance to a subdivision, provided that in no event shall such sign remain for more than six (6) months within 50 feet of a dwelling in a R district occupied as a dwelling. (P) Freestanding Bulletin Board. A church or other religious institution and a school serving primary and/or secondary education Fayetteville students may install one (1) freestanding bulletin board (not an electronic message board) on its campus to communicate non-commercial information and events at such church or school. The bulletin board may be 10 square feet and must be set back a minimum of 15 feet from the street right-of-way. The school or church may enlarge the bulletin board up to maximum of 24 square feet by moving it back from street right-of-way 1 additional foot for each 2 square feet of display surface area in excess of the normal 10 square feet allowed. This bulletin board sign shall be in addition to any other signs authorized in this chapter. (Q) Fuel Price Informational Signs. In any district, signs advertising the price of motor vehicle fuel sold from a fuel pump located on the premises shall be permitted, subject to the following conditions: (1) Price. Only one (1) fuel price informational sign shall be permitted per fuel pump. (2) Size. Fuel price informational signs shall be limited in size to an area of 216 square inches. (3) Stationary. Each fuel price informational sign shall be affixed directly and firmly to a fuel pump and shall be stationary. (4) Other Locations. Nothing herein shall be construed as to prohibit the advertisement of fuel prices on any other sign meeting the requirements of this chapter. (5) Sign Faces. Only one (1) two (2) faced, or two (2) one (1) faced, self-service/full service signs not exceeding four (4) square feet in display surface area shall be permitted at each pump island. (R) Fences and Scoreboards in City Parks. Signs may be permitted on baseball/softball fences and scoreboards in city parks as provided for in §97.088(B). (S) Pedicabs. Pedicabs not operating on city trails may be allowed one advertising sign placed upon the rear of the pedicab and extending no higher than the stock body of the pedicab. The sign shall not be illuminated and shall not exceed 6 square feet (2 feet &times 3 feet). Prior to displaying this sign publicly, such sign as attached to the pedicab must be presented to the Zoning and Development Administrator for permitting and, if the sign is in full compliance with this subsection, approval. Page 3 of 3 174.10 On -Site Freestanding Signs On -Site Freestanding signs shall be permitted to be erected in the city subject to the following: Only one (1) freestanding sign shall be permitted on a lot, except where otherwise described herein. It shall be unlawful to erect any off -site freestanding sign or any freestanding sign that does not meet the sign type, size, display surface area, setback, height, or illumination as described herein. (A) Pole Signs. The following regulations pertain to signs identified as "pole signs". It shall be unlawful to erect any pole sign which total height is greater than 17.5 feet, unless further limited herein, above the level of the street upon which the sign faces; provided the pole supported sign may be increased in height % foot for every foot of additional setback beyond the required 15 feet from the right-of-way with a maximum height of 30 feet. On -site pole signs shall be permitted to be erected in the city subject to the following: (1) R-A District. (a) Number of Signs. Only one (1) pole sign shall be permitted at an agricultural or permitted business located on one (1) or more adjoining lots. (b) Display Surface Area. The maximum display surface area shall not exceed 16 square feet. (c) Illumination. Sign may be illuminated by indirect illumination only. (d) Setback from Right -of -Way. Sign shall be setback 35 feet from street right-of-way and 25 feet from any R or R-O District. (2) RSF and RT Districts. Except pursuant to §174.03, pole signs shall be prohibited and no pole signs shall be erected in RSF and RT Districts of the City. (3) RMF, R-O, NC, and NS Districts. (a) Number of Signs. Only one (1) on -site freestanding sign shall be permitted on a lot or at a business operating on two (2) or more adjoining lots. (b) Display Surface Area. The maximum display surface area shall not exceed 4 square feet; (c) Setback from Right -of -Way. The sign shall be setback a minimum of 15 feet from street right-of- way. (d) Setback from Adjoining Property. The sign shall be setback a minimum of 25 feet from the boundary of any RSF District and 15 feet from all other zoning districts. (e) Height. The height of the sign shall not be greater than six (6) feet above the level of the street upon which the sign faces. (f) Illumination. The sign shall be illuminated by indirect illumination only. (4) C, I, DG, MSC, DC, CS, P-1, UC, and UT Districts. (a) Number of signs. Only one (1) pole sign shall be permitted on a lot, at a shopping center, or at a mall; provided only one (1) on -site pole sign shall be permitted for any business operating on two (2) or more adjoining lots. (b) Display Surface Area and Setback from Right -of -Way. The display surface area shall not exceed 10 square feet and shall be setback 15 feet or more from the right-of-way; provided, the display surface area may be increased 2 square feet for each 1 foot of additional setback from the right- of-way beyond 15 feet; provided further, the maximum display surface area for a sign which is setback from the street right-of-way 40 feet or more shall be 75 square feet. Page 1 of 4 (c) Setback from Adjoining Property. Setback shall be a minimum of 25 feet from the boundary of any adjoining property. (B) Monument Sign. The following regulations pertain to signs identified as "monument signs", which are freestanding signs whose entire base is in contact with and supported by the ground. (1) Number of Signs. Where a monument sign is permitted, only one (1) sign shall be erected on a lot or at a business operating on two (2) or more adjoining lots. (2) Display Surface Area. (a) RSF and RT Districts. Prohibited on individual lots. (b) NC District. Where a conditional use permit has been approved for a nonresidential use within the Neighborhood Conservation zoning district the display surface area of the monument sign shall not exceed 10 square feet. (c) NS and RMF Districts. The display surface area shall not exceed 16 square feet. (d) R-A District. The display surface area shall not exceed 32 square feet. (e) R-O Districts. The display surface area shall not exceed 50 square feet. (f) C, I, DG, MSC, DC, CS, P-1, UC, and UT Districts. The display surface area shall not exceed 75 square feet. (3) Setback from right-of-way. The sign shall be setback a minimum of 10 feet from the right-of-way. (4) Setback from Adjoining Property Lines. The sign shall be setback a minimum of 25 feet from the boundary of any RSF district and 15 feet from all other zoning districts. (5) Height. The maximum height of a sign shall be 6 feet from the surrounding grade. (C) Joint Identification Sign. The following regulations pertain to signs identified as joint identification signs: Joint identification signs must provide area for the display of a minimum of two (2) person(s) or business(s) and may be located at no more than two (2) remote entrance locations, as approved by the Planning Division. The permit applicant shall provide a recorded legal document as approved by the Planning Division indicating ownership and responsibility for maintenance of sign and subject to the following: (1) R-A, RSF, RT, RMF, P, NC, and NS Districts. Prohibited. (2) R-O District. Monument joint identification sign permitted only. (a) Display Surface Area. Display surface area shall not exceed 50 square feet. (b) Setback from Right -of -Way. Signs shall be setback a minimum of 10 feet from the right-of-way. (c) Setback from Adjoining Property. Setback shall be a minimum of 10 feet from adjoining non- residential property and 25 feet from adjoining residential property. (d) Height. The maximum height of a sign shall be six (6) feet from the surrounding grade. (3) C, 1, DG, MSC, DC, CS, UC, and UT Districts. (a) Monument. The following regulations apply to a monument joint identification sign, whose entire base is in contact with and supported by the ground: (i) Multi -tenant Building Containing 37,500 Square Feet or Less of Leasable Tenant Space: Display Surface Area and Setback from Right -of -Way. Display surface area shall not exceed 75 square feet and the sign shall be setback 10 feet or more from the right-of-way. Page 2 of 4 Height. The maximum height of a sign shall be six (6) feet above the level of the surrounding grade. (ii) Multi -Tenant Building Containing More Than 37,500 Square Feet: Display Surface Area. Display surface area shall not exceed 75 square feet; provided the display surface area of a joint identification signs may be increased one additional square foot per 500 square feet of gross leaseable building area over 37,500 square feet, as approved by the Planning Division. Total display surface area shall not exceed 300 square feet. b. Height and Setback from Right -of -Way. The maximum height of the sign shall be 6 feet above the level of the surrounding grade when setback 10 feet or more from the right-of-way; provided, the maximum height of the sign may increase to 10 feet above the surrounding grade when setback 20 feet or more from the right-of-way. C. Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet from the boundary of any adjoining property. (b) Pole. The following regulations apply to pole -mounted joint identification signs: (i) Display Surface Area and setback from Right -of -Way. The display surface area shall not exceed 10 square feet and shall be setback 15 feet or more from the right-of-way; provided, the display surface area may be increased 2 square feet for each 1 foot of additional setback from the right-of-way beyond 15 feet; provided further, the maximum display surface area for a sign which is setback from the street right-of-way 40 feet or more shall be 75 square feet. Exception. Display surface area shall not exceed 75 square feet, provided the display surface area of joint identification signs may be increased one additional square foot per 500 square feet of gross leaseable building area over 37,500 square feet, as approved by the Planning Division. Total display surface area shall not exceed 300 square feet. (ii) Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet from the boundary of any adjoining property. (iii) Height. The height of a sign shall be a maximum of 17.5 feet, provided the pole -mounted sign may be increased in height % foot for every foot of additional setback beyond the required 15 feet from the right-of-way with a maximum height of 30 feet. (D) Area signs. The location of the fence, wall, or other structure which will contain the area identification sign must be approved by the Planning Division, which will approve such structure upon the criterion of traffic safety sight lines. Area signs shall not be located within the Master Street Plan right-of-way. (1) R-A, RSF, RT, RMF, NC, NS, and R-O Districts. (a) Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with more than one (1) entrance may not have a sign at more than two (2) locations. (b) Display Surface Area. An area sign with display on one (1) side located on each side of an entrance street may be substituted for a single sign with display on both sides. The display surface area shall not exceed 32 square feet. (2) C, 1, DG, MSC, DC, CS, P-1, UC, and UT Districts. (a) Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with more than one (1) entrance may not have a sign at more than two (2) locations. Page 3 of 4 (b) Display Surface Area. An area sign with display on one (1) side located on each side of an entrance street may be substituted for a single sign with display on both sides. The display surface area shall not exceed 75 square feet. (E) Bulletin Boards. The following regulations pertain to signs identified as "bulletin boards", which are erected for the purposes of announcing events which are held on the premises: (1) RSF, RT, and NC Districts. Where a conditional use permit has been approved for a charitable, educational, or religious institution or a public body within these districts, the following limitations shall apply: (a) Number of Signs. Only one (1) on -site bulletin board shall be permitted on a lot or for a use operating on two (2) or more adjoining lots. (b) Display Surface Area. Monument sign only, with a display surface area not to exceed 16 square feet. (c) Setback from Right -of -Way. The bulletin board shall be setback a minimum of 10 feet from the street right-of-way. (d) Setback from Adjoining Properties. The sign shall be setback a minimum of 25 feet from the boundary of any RSF district and 15 feet from all other zoning districts. (e) Height.The height of the bulletin board shall not be greater than 6 feet above the level of the street upon which the sign faces. (f) Humination. Electronic message boards shall be prohibited. Page 4 of 4 174.12 Wall Signs Wall signs shall not project more than 18 inches from the surface upon which they are mounted. The upper edge of a wall sign mounted on a mansard roof may project more than 18 inches so long as the sign is perpendicular to the ground. The allowable display surface area of a wall sign is determined by the wall on which it is located. (A) NC, RSF and RT Districts. Where a conditional use permit has been approved for a nonresidential use within these zoning districts, the following limitations shall apply: (1) Number of Signs. Limit of one (1) on -site wall sign per business per building; provided, when a building abuts more than one street, the limit shall be one (1) on -site wall sign per business per building for each wall which faces an abutting street. In no case shall a business have more than one wall sign on any one (1) wall. (2) Display Surface Area. Display surfaces of each sign shall not exceed 8 square feet. (3) Illumination. The color of the sign shall be compatible with the colors of the structure, and only indirect external lighting is permitted. (4) Exceptions: (a) Home Occupations. Signage for a home occupation in an RSF districts shall be prohibited except where it is required by the applicable licensing board, subject to proof of said requirement. (B) RMF Districts. (1) Number of Signs. Limit of one (1) on -site wall sign per business per building; provided, when a building abuts more than one (1) street, the limit shall be one (1) on -site wall sign per business per building for each wall which faces an abutting street. In no case shall a business have more than one (1) wall sign on any wall. (2) Display Surface Area. Display surfaces of each sign shall not exceed 16 square feet. (C) R-A, R-O, and NS Districts. (1) Number of signs. Limit of two (2) on -site wall signs per business per building. In no case shall a business have more than one (1) wall sign on any wall. (2) Display Surface Area. The display surface area of a sign shall not exceed 16 square feet where the wall adjoins a residential land use, or 50 square feet where the wall adjoins a nonresidential land use, or street right-of-way. (D) C, 1, DG, MSC, DC, CS, P-1, UC, and UT Districts. (1) Number of Signs. (a) Single Tenant. Where a building houses only one (1) business, a maximum of four (4) wall signs may be placed on one wall, but no more than four (4) wall signs may be placed on the building. (b) Multiple Tenants. Where a building houses more than one business, each business shall be entitled to a maximum of one (1) wall sign per business on each wall of the building, with a maximum of four (4) total wall signs per business per building. In no case shall a business have more than one (1) wall sign on any wall. (2) Display Surface Area. (a) Single Tenant. The display surface area shall not exceed 20% of the first 1,000 square feet of wall area and 5% of any additional wall area. Page 1 of 2 (b) Multiple Tenants. Where a building houses more than one (1) business, the display surface area of each tenant's allowable wall sign(s) shall not exceed 150 square feet. Furthermore, the display surface area for all wall signs on any one wall may not exceed 20% of that total wall area. (E) Off -Site Wall Signs. Off -site wall signs shall be prohibited in all zoning districts. Page 2 of 2 Project Report 01 May 2024 - 30 June 2024 Speak Up Fayetteville 71 B Rezoning Project Visitors Summary Highlights MAX VISITORS PER TOTAL VIS1 DAY 750 1.9 k 208 NEW REGISTRATI 500 ONS 0 250 ENGAGED INFORMED AWARE VISITORS VISITORS VISITORS 11.2 1 Jun '24 799 k 1.7 k _ Pageviews _ Visitors Aware Participants 1,673 Engaged Participants 799 Aware Actions Performed Participants Engaged Actions Performed Registered Unverified Anonymous Visited a Project or Tool Page 1,673 Informed Participants 1,158 Contributed on Forums Participated in Surveys 0 0 0 0 0 799 Informed Actions Performed Participants Contributed to Newsfeeds 0 0 0 Viewed a video 0 Participated in Quick Polls 0 0 0 Viewed a photo 0 Downloaded a document 127 Posted on Guestbooks 0 0 0 Visited the Key Dates page 0 Contributed to Stories 0 0 0 Visited an FAQ list Page 0 Asked Questions 0 0 0 Visited Instagram Page 0 Placed Pins on Places 0 0 0 Visited Multiple Project Pages 372 Contributed to Ideas 0 0 0 Contributed to a tool (engaged) 799 Speak Up Fayetteville : Summary Report for 01 May 2024 to 30 June 2024 ENGAGEMENT TOOLS SUMMARY 0 1 0 0 0 FORUM TOPICS SURVEYS NEWS FEEDS QUICK POLLS GUEST BOOKS 0 0 0 STORIES Q&AS PLACES Tool Type Engagement Tool Name Tool Status Visitors Contributors Registered Unverified Anonymous Survey Tool 71 B Rezoning Project Public Input Published 1232 0 0 799 Opportunity Page 2 of 22 Speak Up Fayetteville : Summary Report for 01 May 2024 to 30 June 2024 INFORMATION WIDGET SUMMARY 1 2 0 0 0 0 DOCUMENTS PHOTOS VIDEOS FAQS KEY DATES Widget Type Engagement Tool Name Visitors Views/Downloads Document N. College Ave. Project Study Area Map 104 111 Document S. School Ave. Project Study Area Map 55 65 Page 3 of 22 Speak Up Fayetteville : Summary Report for 01 May 2024 to 30 June 2024 ENGAGEMENT TOOL: SURVEY TOOL 71 B Rezoning Project - Public Input Opportunity Visitors ® Contributors • • CONTRIBUTIONS 195 (24.3%) How often do you travel on 71 B? 30 (3.7%) 359 (44.7%) Question options Multiple times per day 219 (27.3%) At least once per day Weekly A few times per month Optional question (803 response(s), 2 skipped) Question type: Radio Button Question Page 4 of 22 Speak Up Fayetteville : Summary Report for01 May 2024 to 30 June 2024 Do you use College Ave. as a thoroughfare to get to another destination or do you have destinations on College? w "L?* 459 (57.3%) Question options 40 As a thoroughfare to get to another destination I have destinations on College Ave Optional question (801 response(s), 4 skipped) Question type: Radio Button Question Page 5 of 22 Speak Up Fayetteville : Summary Report for01 May 2024 to 30 June 2024 What types of travel do you currently use on N. College Ave.? (Check all that apply) 900 799 800 700 600 500 400 300 200 100 45 62 7 8 Question options Car Bicycle Walk Bus Other (please specify) Optional question (803 response(s), 2 skipped) Question type: Checkbox Question Page 6 of 22 Speak Up Fayetteville : Summary Report for 01 May 2024 to 30 June 2024 What types of travel would you prefer to use on N. College Ave.? (Check all that apply) 700 639 650 600 550 500 450 400 350 300 250 200 150 100 50 21 27 Question options r Car Bicycle Walk Bus Wheelchair or Mobility Device Other (please specify) Optional question (799 response(s), 6 skipped) Question type: Checkbox Question Page 7 of 22 Speak Up Fayetteville : Summary Report for01 May 2024 to 30 June 2024 What types of travel do you currently use on S. School Ave.? (Check all that apply) 900 789 800 700 600 500 400 300 200 100 Question options Car Bicycle 68 70 11 4 5 Walk Bus Wheelchair or Mobility Device Other (please specify) Optional question (795 response(s), 10 skipped) Question type: Checkbox Question Page 8 of 22 Speak Up Fayetteville : Summary Report for01 May 2024 to 30 June 2024 What types of travel would you prefer to use on S. School Ave.? (Check all that apply) 700 634 650 600 550 500 450 400 350 300 250 200 150 100 50 22 23 Question options • Car Bicycle Walk Bus Wheelchair or Mobility Device Other (please specify) Optional question (790 response(s), 15 skipped) Question type: Checkbox Question Page 9 of 22 Speak Up Fayetteville : Summary Report for01 May 2024 to 30 June 2024 Would you like to see more housing opportunities along the 71 B Corridor? 294 (37.1 %) 499 (62.9%) Question options s Yes No Optional question (793 response(s), 12 skipped) Question type: Radio Button Question Page 10 of 22 Speak Up Fayetteville : Summary Report for01 May 2024 to 30 June 2024 What types of housing would you like to see on N. College Ave.? (Check all that apply) 550 500 450 400 346 350 300 250 200 150 1 100 251 Question options ` Detached single-family Duplexes Townhouses or row houses 41 Apartments above commercial Other (please specify) Optional question (680 response(s), 125 skipped) Question type: Checkbox Question Apartments 480 117 Pagel 1 of 22 Speak Up Fayetteville : Summary Report for 01 May 2024 to 30 June 2024 What other types of uses would you like to see on N. College Ave.? _ Question options Gas Stations and 284 No Vehicle Service Yes Restaurants/Bars Drive-thru Restaurants Shopping Warehouses and Manufacturing Car Dealerships Personal Services (hair salon, dry cleaning, ... Storage Units Offices Sexually -oriented Businesses Parks Recreational Businesses Concert or Live Music Venues Medical Office and Drugstore 200 400 600 800 1000 Optional question (799 response(s), 6 skipped) Question type: Likert Question Page 12 of 22 Speak Up Fayetteville : Summary Report for01 May 2024 to 30 June 2024 What types of housing would you like to see on S. School Ave.? (Check all that apply) 500 450 400 350 300 2- 231 227 5 1 449 340 475 88 1 Question options r Other (please specify) Apartments above commercial Apartments Townhouses or row houses Duplexes 0 Detached single-family Optional question (722 response(s), 83 skipped) Question type: Checkbox Question Page 13 of 22 Speak Up Fayetteville : Summary Report for 01 May 2024 to 30 June 2024 What other types of uses would you like to see on S. School Ave.? Question options Gas Stations and 377 No Vehicle Service Yes Restaurants/Bars Drive-thru Restaurants 398 343 Shopping 82 678 -EILI Warehouses and 612 Manufacturing Car Dealerships 670 . Personal Services (hair 89 salon, dry cleaning, ... Storage Units Offices Sexually -oriented Businesses Parks Recreational Businesses Concert or Live Music Venues Medical Office and Drugstore 200 4L Optional question (778 response(s), 27 skipped) Question type: Likert Question 800 1000 Page 14 of 22 Speak Up Fayetteville : Summary Report for01 May 2024 to 30 June 2024 City staff are considering how close buildings should be to the street so that buildings are prominent and functional uses are at the rear. Do you think buildings along 71 B should be closer to the street or further back from the street? tat W-7* 272 (46.4%) Question options I'm not sure Further back from the street 0 Closer to the street Optional question (802 response(s), 3 skipped) Question type: Radio Button Question Page 15 of 22 Speak Up Fayetteville : Summary Report for 01 May 2024 to 30 June 2024 City staff are considering how tall buildings should be along the 71 B Corridor. Commercial Thoroughfare (C-2) zoning is currently the primary zoning along N. College Ave. and S. School Ave., and it allows up to six stories.Do you think that is the ... 49 (6.1 %) 158 (19.7%) 300 (37.4%) 107 (13.3%) 189 (23.5%) Question options I'm not sure I support 9+ stories. I support 7-8 stories. 6 stories is the right height. 1 prefer fewer than 6 stories. Optional question (803 response(s), 2 skipped) Question type: Radio Button Question Page 16 of 22 Speak Up Fayetteville : Summary Report for 01 May 2024 to 30 June 2024 Is it important to you to see trees along 71 B? (Check all that apply) 700 638 650 600 550 500 450 400 350 300 250 200 150 100 50 631 599 65 Question options I'm not sure. I think there are enough trees. I would like to see trees on hillsides preserved. I would like to see more tree and landscape areas on development sites. 10 1 would like to see street trees. Optional question (804 response(s), 1 skipped) Question type: Checkbox Question 11 Page 17 of 22 Speak Up Fayetteville : Summary Report for 01 May 2024 to 30 June 2024 Are you a resident of Fayetteville? llrewu Question options No 0 Yes Optional question (796 response(s), 9 skipped) Question type: Radio Button Question Page 18 of 22 Speak Up Fayetteville : Summary Report for 01 May 2024 to 30 June 2024 What is your age? 14 (1.8%) 54 (6.8%) 87 (11.0%) 139 (17.5%) L 205 (25.9%) Question options 65+ 0 55-64 45-54 35-44 25-34 20-24 Optional question (793 response(s), 12 skipped) Question type: Radio Button Question 215 (27.1%) Page 19 of 22 Speak Up Fayetteville : Summary Report for 01 May 2024 to 30 June 2024 300 (37.9%) What is your gender? 473 (59.7%) pr Question options Other (please specify) 40 Non -binary Male Female Optional question (792 response(s), 13 skipped) Question type: Radio Button Question Page 20 of 22 Speak Up Fayetteville : Summary Report for 01 May 2024 to 30 June 2024 What is your race/ethnicity? 1 (0.1 %) 35 (4.5%) 699 (89.0%) Question options White 0 Two or more races/ethnicities Native Hawaiian, Marshallese or other Pacific Islander Middle Eastern or North African Hispanic or Latino/a Black or African -American Asian American Indian or Alaska Native Optional question (785 response(s), 20 skipped) Question type: Radio Button Question Page 21 of 22 Speak Up Fayetteville : Summary Report for 01 May 2024 to 30 June 2024 What is your annual household income? 30 (3.9%) 30 (3.9%) 68 (8.7%) 536 (68.8%) 113 (14.5%) Question options $75,000 or more 10 $50,000 to $74,999 10 $35,000 to $49,999 $20,000 to $34,999 10 Less than $20,000 Zero or negative income Optional question (779 response(s), 26 skipped) Question type: Radio Button Question Page 22 of 22 71B Rezoning Project Public Input Meetings 8, Speak Up Results Questions In Person May 29 - June 7, 2024 What types of housing would you like to see on N. College Ave.? Yes No Total %Yes % No Detached Single -Family 5 57 62 8% 92% Duplexes 14 22 36 39% 61% Townhouses or Row Houses 62 2 64 97% 3% Apartments 51 5 56 91% 9% Apartments Above Commercial 84 2 86 98% 2% Other 8 1 9 89% 11% What other types of uses would you like to see on N. College Ave.? Yes No Total %Yes % No Gas Stations and Vehicle Service 11 34 45 24% 76% Restaurants/Bars 65 0 65 100% 0% Drive-Thru Restaurants 7 37 44 16% 84% Shopping 57 0 57 100% 0% Warehouses and Manufacturing 3 36 39 8% 92% Car Dealerships 1 41 42 2% 98% Personal Services (hair salon, etc.) 51 1 52 98% 2% Storage Units 1 37 38 3% 97% Offices 43 4 47 91% 9% Sexually Oriented Businesses 16 30 46 35% 65% Parks 49 7 56 88% 13% Recreational Businesses 52 2 54 96% 4% Concert or Live Music Venues 54 4 58 93% 7% Medical Office and Drug Stores 39 11 50 78% 22% What types of housing would you like to see on S. School Ave.? Yes No Total %Yes % No Detached Single -Family 9 37 46 20% 80% Duplexes 27 16 43 63% 37% Townhouses or Row Houses 55 6 61 90% 10% Apartments 56 4 60 93% 7% Apartments Above Commercial 77 2 79 97% 3% Other 10 1 11 91% 9% What other types of uses would you like to see on S. School Ave.? Yes No Total %Yes % No Gas Stations and Vehicle Service 12 37 49 24% 76% Restaurants/Bars 66 1 67 99% 1% Drive-Thru Restaurants 6 44 50 12% 88% Shopping 55 3 58 95% 5% Warehouses and Manufacturing 12 35 47 26% 74% Car Dealerships 6 43 49 12% 88% Personal Services (hair salon, etc.) 46 1 47 98% 2% Storage Units 4 44 48 8% 92% Offices 41 6 47 87% 13% Sexually Oriented Businesses 21 34 55 38% 62% Parks 69 5 74 93% 7% Recreational Businesses 49 1 50 98% 2% Concert or Live Music Venues 57 6 63 90% 10% Medical Office and Drug Stores 47 5 52 90% 10% Yes I No I Total %Yes %No Would you like to see more housing opportunities along the 71B Corridor? 1 90 1 2 1 92 1 98% 1 2% How often do you travel on 7113? Count Total Multiple Times Per Day 38 38 At Least Once Per Day 27 27 Weekly 25 25 N7% A Few Times Per Month 1 1 Never 0 0 Speak Up May 29 - June 30, 2024 Count Total % Total 152 152 10% 143 143 10% 346 346 23% 251 251 17% 480 480 32% 117 117 8% Yes No Total %Yes %No 284 474 758 37% 63% 759 30 789 96% 4% 331 426 757 44% 56% 732 49 781 94% 6% 39 713 752 5% 95% 53 707 760 7% 93% 709 72 781 91% 9% 18 742 760 2% 98% 567 208 775 73% 27% 169 591 760 22% 78% 600 178 778 77% 23% 678 99 777 87% 13% 536 234 770 70% 30% 545 225 770 71% 29% Count Total % Total 231 231 13% 227 227 13% 449 449 25% 340 340 19% 475 475 26% 88 88 5% Yes No Total %Yes %No 371 377 748 50% 50% 716 53 769 93% 7% 343 398 741 46% 54% 678 82 760 89% 11% 121 612 733 17% 83% 64 670 734 9% 91% 673 89 762 88% 12% 75 664 739 10% 90% 549 199 748 73% 27% 158 573 731 22% 78% 629 128 757 83% 17% 640 113 753 85% 15% 553 198 751 74% 26% 539 212 751 72% 28% Yes No Total %Yes %No 499 1 294 1 793 1 63% 1 37% Count Total % Total 359 359 45% 219 219 27% 195 195 24% 30 30 4% 0 0 0% Total May 29 -June 30, 2024 Yes No Total % Total 157 57 214 12% 157 22 179 10% 408 2 410 24% 302 5 307 18% 564 2 566 33% 125 1 126 7% Yes No Total %Yes %No 295 508 803 37% 63% 824 30 854 96% 4% 338 463 801 42% 58% 789 49 838 94% 6% 42 749 791 5% 95% 54 748 802 7% 93% 760 73 833 91% 9% 19 779 798 2% 98% 610 212 822 74% 26% 185 621 806 23% 77% 649 185 834 78% 22% 730 101 831 88% 12% 590 238 828 71% 29% 584 236 820 71% 29% Yes No Total % Total 240 37 277 14% 254 16 270 13% 504 6 510 25% 396 4 400 20% 552 2 554 27% 98 1 99 5% Yes No Total %Yes %No 383 414 797 48% 52% 782 54 836 94% 6% 349 442 791 44% 56% 733 85 818 90% 10% 133 647 780 17% 83% 70 713 783 9% 91% 719 90 809 89% 11% 79 708 787 10% 90% 590 205 795 74% 26% 179 607 786 23% 77% 698 133 831 84% 16% 689 114 803 86% 14% 610 204 814 75% 25% 586 217 803 73% 27% Yes No Total %Yes %No 589 296 885 670/ 33% Count Total %Total 397 397 44% 246 246 28% 220 220 25% 31 31 3% 0 0 0% What types of travel do you currently use on N. College Ave.? Count Total %Total Count Total %Total 799 799 87% 879 879 84% 45 45 5% 60 60 6% 62 62 7% 83 83 8% 7 7 1% 14 14 1% 0 0 0% 0 0 0% 8 8 1% 9 9 1% Count Total %Total Car 80 80 65% Bicycle 15 15 12% Walk 21 21 17% Bus 7 7 6% Wheelchair or Mobility Device 0 0 0% Other 1 1 1% What types of travel would you prefer to use on N. College Ave.? Count Total %Total Count Total %Total 639 639 40% 659 659 38% 328 328 21% 375 375 21% 352 352 22% 394 394 23% 220 220 14% 254 254 15% 21 21 1% 28 28 2% 27 27 2% 38 38 2% Count Total %Total Car 20 20 12% Bicycle 47 47 29% Walk 42 42 26% Bus 34 34 21% Wheelchair or Mobility Device 7 7 4% Other 11 11 7% What types of travel do you currently use on S. School Ave.? Count Total %Total Car 68 68 61% Bicycle 16 16 14% Walk 22 22 20% Bus 4 4 4% Wheelchair or Mobility Device 0 0 0% Other 2 2 2% What types of travel would you prefer to use on S. School Ave.? Count Total %Total Car 24 24 14% Bicycle 52 52 31% Walk 48 48 29% Bus 28 28 17% Wheelchair or Mobility Device 7 7 4% Other 9 9 5% Closer to the street 69 7 *5% Further back from the street 34 1 I'm not sure 8 0 Do you think that is the right height limit for buildings along 71B? Count Total %Total I prefer fewer than 6 stories 44 4 37% 6 stories is the right height 22 5 19% I support 7-8 stories 20 1 17% I support 9+stories 31 0 26% I'm not sure 1 0 1% Count Total % Total 789 789 83% 68 68 7% 70 70 7% 11 11 1% 4 4 0% 5 5 1% Count Total % Total 634 634 41% 333 333 22% 344 344 22% 189 189 12% 22 22 1% 23 23 1% CE182�� Total %Total 248 31% 372 29% 182 14% Count Total %Total 300 300 37% 189 189 24% 107 107 13% 158 158 20% 49 49 6% Count Total %Total 857 857 81% 84 84 8% 92 92 9% 15 15 1% 4 4 0% 7 7 1% Count Total %Total 658 658 38% 385 385 22% 392 392 23% 217 217 13% 29 29 2% 32 32 2% Count Total %Total 317 317 35% 406 406 28% 190 190 13% Count Total %Total 344 344 37% 211 211 23% 127 127 14% 189 189 21% 50 50 5% Is it important to you to see trees along 71B? Yes Total %Total Yes No Total %Yes %No 638 638 " 727 1 728 33% 0% 631 631 32% 697 1 698 32% 0% 599 599 31% 668 4 672 31% 1% 65 65 3% 68 40 108 3% 37% 11 11 1% 13 3 16 1% 19% Yes No Total %Yes I No I would like to see street trees 89 1 90 99% 1% I would like to see more trees on developed sites 66 1 67 99% 1% I would like trees on hillsides preserved 69 4 73 95% 5% I think there are enough trees 3 40 43 7% 93% I'm not sure 2 3 5 40% 60% Existing Recommended Option 1 Recommended Option 2 Recommended Option 3 (Primarily C-2) (All UT) (Split UT / MSC) (Urban General - New Corridor Zoning) Residential Uses Allowed Cluster Housing* Single -Family Dwellings Single -Family Dwellings Three and Four -Family Dwellings *No associated residential building types Two -Family Dwellings Two -Family Dwellings Multifamily Dwellings permitted Three and Four -Family Dwellings Three and Four -Family Dwellings Multifamily Dwellings Multifamily Dwellings Density NA NA NA NA Lot Width Minimums NA Single -Family Dwellings: 18 feet UT: See left NA Other Uses: NA MSC: All Dwelling Units 18 feet, All other Uses NA Lot Area Minimums NA NA NA NA Setback Type Traditional and Form -Based Form -Based Only Form -Based Only Form -Based Only Front Setback Traditional: 15' or 50' (Depending on 10'-25' Build -to -Zone 0'-25' Build -to -Zone 0'-30' Build -to -Zone parking location) Form -Based: 10'-25' Build -to -Zone Rear Setback Traditional: 20' 0' Setback unless adjacent to a residential UT: See left 0' Setback unless adjacent to a residential Form Based: 0' Setback unless adjacent to only district, when it becomes 15' MSC: 5 feet from property line or 12' from only district, when it becomes 15' a residential only district, when it becomes centerline of alley 15' Side Setback Traditional and Form -Based: 0' Setback 0' Setback unless adjacent to a residential NA 0' Setback unless adjacent to a residential unless adjacent to a residential only district, only district, when it becomes 15' only district, when it becomes 15' when it becomes 15' Minimum Buildable 50%' 50% 50% (Urban Thoroughfare) 75% Street Frontage Form -Based Optional 75% (Main Street Center) Building Height 6 Stories Maximum 5 or 7 Stories Maximum 5 or 7 Stories Maximum 5 or 7 Stories Maximum (Additional restrictions when adjacent to (Varies Based on Setbacks) (Varies Based on Setbacks) (Varies Based on Setbacks) residential only district) Building Area 60% of Lot Area Maximum NA NA NA Tree Preservation 15% Minimum 15% Minimum 15% (UT) / 10% (MSC) Minimum 15% Minimum Applicable Design UDC 166.25: Commercial, Office and Mixed UDC 166.25: Commercial, Office and Mixed UDC 166.25: Commercial, Office and Mixed UDC 166.25: Commercial, Office and Mixed Standards Use Design Standards Use Design Standards Use Design Standards Use Design Standards UDC 166.24: Nonresidential Design UDC 166.24: Nonresidential Design UDC 166.24: Nonresidential Design Standards Standards Standards UDC 166.23- Urban Residential Design UDC 166.23- Urban Residential Design UDC 166.23- Urban Residential Design Standards Standards Standards UDC 164.23- Small Lot Design Standards UDC 164.23- Small Lot Design Standards (If less than 50 foot lot width) (If less than 50 foot lot width) UDC 164.11(C) Home Protection Requirements (Applicable to MSC Staff Findings No housing currently permitted Shift to Required Form -Based District, Shift to Required Form -Based District, Shift to Required Form -Based District, Form -Based Development is desired by Additional Development Standards are Additional Development Standards are Additional Development Standards are city, but is optional in this district applied applied, applied, All uses available by right in C-2 permitted Split districts better align with Tier Centers, Split districts better align with Tier Centers, either by right or conditional use permit, Two conditional uses not permitted, four Two uses made conditional, five uses not Two uses made conditional, one conditional uses not permitted in MSC, one use permitted use not permitted 1conditional in MSC Not Currently Recommended Not Currently Recommended (DG) (CS) Single -Family Dwellings Single -Family Dwellings Two -Family Dwellings Two -Family Dwellings Three and Four -Family Dwellings Three and Four -Family Dwellings Multifamily Dwellings Multifamily Dwellings NA NA All Dwelling Units 18 feet, All other Uses NA All Dwelling Units 18 feet, All other Uses NA NA NA Form -Based Only Form -Based Only 0'-25' Build -to -Zone 10'-25' Build -to -Zone 5 feet from property line or 12' from 0' Setback unless adjacent to a residential centerline of alley only district, when it becomes 15' NA NA 50% 50% 5 Stories (Reduction of one story in height 5 Stories (Reduction of one story in height allowance) allowance) NA NA 10% Minimum 10% Minimum UDC 166.25: Commercial, Office and Mixed UDC 166.25: Commercial, Office and Mixed Use Design Standards Use Design Standards UDC 166.24: Nonresidential Design UDC 166.24: Nonresidential Design Standards Standards UDC 166.23- Urban Residential Design UDC 166.23- Urban Residential Design Standards Standards UDC 164.11(C) Home Protection UDC 164.23- Small Lot Design Standards Requirements (Applicable to DG) (If less than 50 foot lot width) Reduction in permitted building height, Four Reduction in permitted building height, Six uses made conditional, eleven uses not uses made conditional, seven uses not permitted permitted Existing and Proposed Uses Allowed by Right Use Unit Description Existing (Primarily C-2) Recommended Option 1 (All UT) Recommended Option 2 (Split UT / MSC) Recommended Option 3 (New Corridor Zoning) 1 City-wide uses by right X X X X 2 City-wide uses by conditional use permit Conditional Use Conditional Use Conditional Use Conditional Use 3 Public protection and utility facilities Conditional Use Conditional Use Conditional Use Conditional Use 4 Cultural and recreational facilities X X X X 5 Government facilities X X X X 6 Agriculture 7 Animal husbandry 8 Single-family dwellings X X Conditional Use 9 Two-family dwellings X X Conditional Use 10 Three 3 and four 4 family dwellings X X X 11 Manufactured home park 12a Limited business 12b General business 13 Eating Places X X X X 14 Hotel, motel and amusement facilities X X X X 15 Neighborhood shopping goods 16 Shopping goods X X X X 17 Transportation Trades and services X X X Conditional Use 18 Gasoline service stations and drive-in/drive- through restaurants X X By Right in UT/ Conditional in MSC Conditional Use 19 Commercial recreation, small sites X X X X 20 Commercial recreation, large sites X Conditional Use Conditional in UT/ Not Permitted in MSC Conditional Use 21 Warehousing and wholesale Conditional Use Conditional Use Not Permitted Conditional Use 22 Manufacturing 23 Heavy industrial 24 Home occupation X X X 25 Offices, studios, and related services X X X X 26 Multi -family dwellings X X X 27 Wholesale bulk petroleum storage facilities with underground storage tanks 28 Center for collecting recyclable materials Conditional Use Conditional Use Conditional Use Conditional Use 29 Dance halls Conditional Use Conditional Use Conditional Use Conditional Use 30 Extractive uses 31 Facilities emitting odors & facilities handling explosives 32 Sexually oriented business Conditional Use Not Permitted Not Permitted Conditional Use 33 Adult live entertainment club or bar X Conditional Use Conditional in UT/ Not Permitted in MSC Not Permitted 34 Liquor stores X X X X 35 Outdoor music establishments Conditional Use Conditional Use Conditional Use Conditional Use 36 Wireless communications facilities Conditional Use Conditional Use Conditional Use Conditional Use 37 Manufactured homes 38 Mini -storage units Conditional Use Conditional Use Conditional in UT/ Not Permitted in MSC Not Permitted 39 Auto salvage and junk yards 40 Sidewalk Cafes X X X X 41 Accessory dwellings X X X 42 Clean technologies Conditional Use Conditional Use Conditional Use Conditional Use 43 Animal boarding and training Conditional Use Conditional Use Conditional in UT/ Not Permitted in MSC Conditional Use 44 Cluster Housing Development X X X Conditional Use 45 Small scale production X X X X 46 Short-term rentals X X X X 47 Data Centers Not Recommended (DG) Not Recommended (CS) X X Conditional Use Conditional Use Conditional Use Conditional Use X X X X X X X X X X X X Conditional Use Conditional Use X X Conditional Use Conditional Use Conditional Use Conditional Use Not Permitted Conditional Use Conditional Use Conditional Use Not Permitted Not Permitted Not Permitted Not Permitted X X X X X X Conditional Use Conditional Use Not Permitted Not Permitted Not Permitted Not Permitted Not Permitted Not Permitted Not Permitted Conditional Use Not Permitted Conditional Use Conditional Use Conditional Use Not Permitted Not Permitted X X X X Not Permitted Conditional Use Not Permitted Not P X X X X X X Received From: Jeff Pummill 09/10/2024 1:20 PM Environmental Action Committee Letter of Support 71B Rezoning Project —Tree Canopy Protection The Environmental Action Committee (EAC) enthusiastically encourages the City of Fayetteville to adopt and implement the new Urban Corridor (UC) zoning district, especially as it applies to the revitalization of the 71 B Corridor. We applaud the effort City staff has taken to formulate a new zoning designation for the 71 B project that allows mixed (commercial and housing) development along the corridor. This approach provides an excel- lent solution to our housing dilemma. It also contributes to reducing urban sprawl and the loss of green space. It is particularly noteworthy that the proposed tree canopy preservation requirement of 20% for the new UC zoning district is a 5% increase over the current requirement of the C-2 zoning. Since a substantial number of these trees are located on hillsides at the back of various properties to be rezoned, the increase in can- opy preservation should have minimal effect on future development plans and efforts. At the same time it will provide significant benefits in the form of carbon sinks, reduction of heat islands, as a very effective noise and dust barrier, and for maintaining the beautiful "green" Fayetteville ambiance we are known for! This increase in tree canopy preservation would be in sync with the new Climate Action Plan designed to be the framework to guide and energize actions around the City's efforts to be a resource and energy effi- cient community. The plan sets ambitious mitigation targets, including an overarching goal of net -zero emissions by 2050. Setting a net -zero goal aligns Fayetteville with international targets that aim to balance greenhouse gas (GHG) production with atmospheric removals. To be on track to be net zero by 2050, the community will need to decrease our cumulative GHG emissions by 37 percent by 2030. Thank you for the work you have done to revitalize our city. Jeff Pummill — EAC Chair Margaret Britain Stacey Buff Thomas Deere Joseph Donahue Teresa Turk — City Council Liason Glenda Patterson — EAC Vice Chair Grimsley Graham Alexander Mauroner Vicki Spencer Tod Yeslow FAYFTT 1. aril ' .- ) DEPARTMENTAL CORRESPONDENCE gRKANs OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney TO: Courtney Spohn, Deputy City Clerk Codifier Hannah Hungate Assistant City Attorney FROM: Blake Pennington, Senior Assistant City Attor stpayBar ies DATE: September 23, 2024 RE: Scriveners Error in Ordinance 6793 You pointed out to me three scrivener's errors in Ordinance 6793. This memo is intended to provide background for Municode or others who may have questions about it. These typos came about by trying to shorten the number of pages your office would need to publish in the newspaper. 1. In Section 2, the section that was amended was supposed to be § 160.01, not 161.01. The section is referenced correctly by name, Establishment of Districts. 2. Section 5 contains the incorrect name of the C-2 zoning, which should be C-2, Thoroughfare Commercial. 3, Section 7 says that UC would be added to four subsections of§ 173.10 after P-1, although subsection (C)(3) does not include P-1. It should still be added to subsection (C)(3) between CS and UT. Both the clean and strikethrough versions of the ordinance attached to the City Council packet are accurate and if there are any questions, I would refer to those documents. Fam v1.54 media Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN RECEIVED FAYETTEVILLE, AR 72701 SEP 2 5 2024 Ad number#: 441146 PO#: CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Matter of: ORD 6793 AFFIDAVIT•STATE OF ARKANSAS 1, 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 6793 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$1,088.01. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 09/22/24 Legal Clerk ��\\\`\�'`( BRgsti/ State of ARKANSAS,County of Sebastian :coN' R k Subscribed and sworn to before me on this 23rd day of September, 2024 0"4.,. `� a %,, COUNZ TARY PUBLIC NOATIRrsT'NR,4,,o Ikrl*ocnt V(6.zette To place an ad call 1-866-296-3868 A SUNDAY.SEPTEMBER 22.2024•SF LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES ......uPDea.a4w aMrrwN.r.raW. TE COW.C0e1 O' W1rn0�yw.r✓•III,R 31I•l 14/1/3431 .I.MEIAL(ICGWIO 0... 6a•^IM•.Narrf"ONWNNA]4M9oR iq vNAWOHU 6MA1 lnm la OAAA r. ...... .......A e'ou 0 nit Dv,MA e MYIYr..cy NOM SaMTAY [C•I.tY til.,r 4+MN.ARAS 6100 YbICS AIDt 111.2 M N•OBTYM,T' MGNfN......Ill. ... 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