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HomeMy WebLinkAboutOrdinance 6830113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6830
File Number: 2024-01078
UNIFIED DEVELOPMENT CODE (AMENDMENTS):
AN ORDINANCE TO AMEND CHAPTER 161 ZONING REGULATIONS OF THE UNIFIED DEVELOPMENT
CODE TO ENACT § 161.37 URBAN NEIGHBORHOOD AND ESTABLISH ZONING REGULATIONS FOR THE
NEW ZONING DISTRICT, TO AMEND § 160.01 ESTABLISHMENT OF DISTRICTS TO ADD THE NEW
DISTRICT, 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, the Urban Neighborhood (UN) zoning district is intended to bridge existing zoning districts (primarily the
Neighborhood Services — General (NS-G) and Downtown General (DG) zoning districts) by adding higher -density
housing types as permitted uses while limiting building height to three stories, as concerns about taller building heights
are frequently heard in public comment on development applications; and
WHEREAS, staff recommends establishing a new zoning district titled "UN, Urban Neighborhood" and, on December
9, 2024, the Planning Commission voted unanimously to recommend that the City Council adopt the new UN, Urban
Neighborhood zoning district and approve these amendments to the Unified Development Code.
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 § 161.37 Urban Neighborhood as shown in Exhibit
A attached hereto and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 160.01 Establishment of
Districts by inserting
Urban Nei hborhoo
between C-3, Central Business Commercial and UC, Urban Corridor.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (B)(5)(e) of §
164.25 Tandem Lot Development by adding "UN" to the list of those zoning districts with a 5 foot minimum building
setback.
Page 1
Ordinance: 6830
File Number: 2024-01078
Section 4: 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,
Thoroughfare Commercial and UC, Urban Corridor:
Urbanl 5%
ei horhood
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends subsections (A)(3) and (13)(2)(c),
(C)(1), and (D)(1) of § 174.10 On -Site Freestanding Signs by inserting "and UN" to the end of each list of zoning
districts as shown in Exhibit A attached hereto.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (C) of § 174.12 Wall
Signs by inserting "and UN" after "NS" as shown in Exhibit A attached hereto.
PASSED and APPROVED on January 7, 2025
Approved:
E-SIGNED by Molly Rawn
on 2025-01-14 21.51.57 GMT
Molly Rawn, Mayor
Attest: All II I IIIN
`RK TRF�i11
E-SIGNED by Kara Paxton
on 2025-01-14 23:28:14 GM_: FAYETTEVILLE��-
Kara Paxton, City Clerk Treasurer
KA NSP.�'��
1 III
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville,
Arkansas. Amount Paid: $235.60
Page 2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 7, 2025
CITY COUNCIL MEMO
2024-01078
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Interim Chief of Staff
Jonathan Curth, Development Services Director
FROM: Britin Bostick, Long Range Planning/Special Projects Manager
SUBJECT: ADM-2024-0053: 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 161.37 called
Urban Neighborhood 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 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 161.37, Urban Neighborhood, and amending section 160.01 — Establishment of Districts,
section 164.25 — Tandem Lot Development, section 167.04 — Tree Preservation and Protection During
Development, and chapter 174 — Signs.
BACKGROUND:
Since 2018 the Planning Commission has considered 400 rezoning applications, providing commissioners with
a thorough knowledge of zoning districts as well as familiarity with public concerns on both proposed rezonings
and developments. When a property's existing zoning designation does not fit development or land use goals,
it is typical for a property or business owner or a developer to request a new zoning district that permits the
intended development or use. With an infinite number of possible configurations however, and a near -finite
number of options for zoning districts, applicants at times request zoning districts that permit more than is
required for the project but that have key components that offer needed entitlements. A Bill of Assurance is a
long -used option to constrain zoning district entitlements, but it can only be offered voluntarily and requires
additional entitlement tracking on behalf of city staff, title companies, and future property owners. In light of
these issues, Planning Commission Chair Andrew Brink proposed a new zoning district to staff and fellow
Planning Commissioners to fill an observed gap in the current set of zoning district entitlements and
constraints.
DISCUSSION:
The purpose of this amendment is to establish a new zoning district titled "Urban Neighborhood" (UN). Through
discussion with the Planning Commission at their September and October Long Range Planning Committee
meetings, staff detailed standards for existing zoning districts that are often thought of as mixed -use districts
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
suitable for walkable neighborhoods and provided a side by side comparison. The UN zoning district is
intended to bridge existing zoning districts (primarily the Neighborhood Services — General (NS-G) and
Downtown General (DG) zoning districts) by adding higher -density housing types as permitted uses while
limiting building height to three stories, as concerns about taller building heights are frequently heard in public
comment on development applications.
A site design advantage to the proposed UN zoning district is that no minimum lot size is proposed, and
minimum lot width would be a narrow 12', which would permit a single driveway width or could potentially
accommodate a narrow townhouse. No street frontage for non-residential uses 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'-25' front build -to zone is proposed, meaning future buildings would need to be located within the
front 25' 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 setbacks are proposed, and rear
setbacks are 5' from the property line or 12' from the centerline of an alley, which is common to existing zoning
districts. The building height maximum is proposed to be 3 stories.
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 UN to the list of zoning districts.
• 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 UN zoning district in Section 167.04(C) Table 1. This is proposed to be
15%, the middle ground between tree canopy protection percentages for NS-G (20%) and DG (10%).
• Chapter 174 — Signs to establish sign regulations for the new zoning district:
o 174.10(A)(3), 174.10(13)(2)(c), 174.10(C)(1), 174.10(D)(1), and 174.12 (C) to add "UN" to define
which sign regulations are applicable for the new district.
At their October 24, 2024 Long Range Planning Committee meeting Commissioners present discussed the
proposed zoning district and comparison to existing zoning districts, with consensus from commissioners
present that the new zoning district would be a beneficial option and they would like to see it established in the
UDC. Motion to forward the new zoning district to the Planning Commission with a name determined by staff
was made by Commissioner Brink and seconded by Commissioner Madden. A unanimous vote of 6-0-0
followed. Commissioners requested that Long Range Planning staff work with Urban Forestry staff to propose
a tree preservation requirement when the additional UDC amendments for the zoning district are presented to
the full Planning Commission at their next available regular meeting.
The Planning Commission considered the proposal at their December 9, 2024 meeting. No public comment
was received. The motion to forward was made by Commissioner Brink and seconded by Commissioner
Werner. A vote of 9-0-0 followed.
BUDGET/STAFF IMPACT:
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
N/A
ATTACHMENTS: SRF (#3) , Proposed Ordinance - Exhibit A (#4), Proposed Ordinance Amendment in
Strikethrough (#5), Planning Commission Report (#6), Urban Neighborhood Zoning District Comparisons (#7)
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 #: 2024-01078
ADM-2024-0053: 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 161.37 called Urban Neighborhood 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 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 § 161.37 URBAN NEIGHBORHOOD AND ESTABLISH
ZONING REGULATIONS FOR THE NEW ZONING DISTRICT, TO AMEND § 160.01
ESTABLISHMENT OF DISTRICTS TO ADD THE NEW DISTRICT, 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, the Urban Neighborhood (UN) zoning district is intended to bridge existing zoning
districts (primarily the Neighborhood Services — General (NS-G) and Downtown General (DG) zoning
districts) by adding higher -density housing types as permitted uses while limiting building height to
three stories, as concerns about taller building heights are frequently heard in public comment on
development applications; and
WHEREAS, staff recommends establishing a new zoning district titled "UN, Urban Neighborhood"
and, on December 9, 2024, the Planning Commission voted unanimously to recommend that the City
Council adopt the new UN, Urban Neighborhood zoning district and approve these amendments to the
Unified Development Code.
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 § 161.37 Urban
Neighborhood as shown in Exhibit A attached hereto and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §
Page 1
Ordinance: 6830
File Number: 2024-01078
160.01 Establishment of Districts by inserting
IUN Urban Nei hborhoo
between C-3, Central Business Commercial and UC, Urban Corridor.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection
(B)(5)(e) of § 164.25 Tandem Lot Development by adding "UN" to the list of those zoning districts
with a 5 foot minimum building setback.
Section 4: 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, Thoroughfare Commercial and UC, Urban Corridor:
Urban 15%
ei horhood
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends subsections (A)(3)
and (B)(2)(c), (C)(1), and (D)(1) of § 174.10 On -Site Freestanding Signs by inserting "and UN" to the
end of each list of zoning districts as shown in Exhibit A attached hereto.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (C) of
§ 174.12 Wall Signs by inserting "and UN" after "NS" as shown in Exhibit A attached hereto.
Page 2
Britin Bostick
Submitted By
City of Fayetteville Staff Review Form
2024-1078
Item ID
1/7/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/20/2024 LONG RANGE PLANNING (634)
Submitted Date Division / Department
Action Recommendation:
ADM-2024-0053: 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
161.37 called Urban Neighborhood 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 164.25 — Tandem Lot Development to
establish building setbacks for tandem lots, section 167.04 — Tree Preservation and Protection During Development
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:
161.37 Urban Neighborhood
(A) Purpose. The Urban Neighborhood District is designed to serve as a mixed use area of medium intensity and
provide a transition into residential neighborhoods from more intense, mixed -use districts. Urban
Neighborhood promotes a walkable, pedestrian -oriented neighborhood development form with a variety of
housing options and complementary neighborhood businesses that are compatible in scale and use with
surrounding land uses. For the purpose of Chapter 96: Noise Control the Urban Neighborhood district is a
residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 12b
General business
Unit 13
Eating places
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk cafes
Unit 41
Accessory dwelling units
Unit 44
Cluster housing development
Unit 46
1 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 5
Government facilities
Unit 14
Hotel, motel and amusement services
Unit 15
1 Neighborhood shopping goods
Unit 36
Wireless communication facilities
Unit 45
Small scale production
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwellings 12 feet
All other uses None
(2) Lot Area Minimum. None.
Page 1 of 2
(E) Setback regulations.
Front
A build -to zone that is located
between the front property line
and a line 25 feet from the front
property line.
Side
None
Rear
5feet
Rear, from center line of an alley
12 feet
(F) Building Height Regulations.
Building Height Maximum 13 stories
(G) Minimum Buildable Street Frontage. 50% of the lot width.
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
UN
Urban Neighborhood
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
I Design Overlay District
PZD
I Planned Zoning District
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, UN,
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%
UN, Urban Neighborhood
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.
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(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.
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(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.
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(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
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(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
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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.
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(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.
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(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.
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(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.
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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 RI Districts. Except pursuant to §174.03, pole signs shall be prohibited and no pole signs shall
be erected in RSF and RI Districts of the City.
(3) RMF, R-O, NC, NS, and UN 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.
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(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 RI 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, RMF, and UN 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, 1, 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, RI, RMF, P, NC, NS, and UN 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, Rl, RMF, NC, NS, R-O, and UN 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.
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(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, RI, 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.
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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 and RSF and RI 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, NS, and UN 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.
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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
UN
Urban Neighborhood
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
I Design Overlay District
PZD
I Planned Zoning District
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%
UN, Urban Neighborhood
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
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(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
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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.
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(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.
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(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.
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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 RI-TDistricts. Except pursuant to §174.03, pole signs shall be prohibited and no pole signs shall
be erected in RSF and RIT Districts of the City.
(3) RMF, R-O, NC, DNS, and UN 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, 1, 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 RIT 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, aadRMF, and UN 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, 1, 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, RIT, RMF, P, NC,-GPd NS, and UN 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, RIT, RMF, NC, NS,-GPd R-O_and UN 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, RIT, 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) Ilumination. 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 and, RSF and RIT 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, NS, and UN 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
CITY OF
�- FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
FROM: Long Range Planning Committee
Britin Bostick, Long Range Planning/Special Projects Manager
MEETING DATE: December 9, 2024
SUBJECT: ADM-2024-0053: 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 161.37 called Urban Neighborhood 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 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-2024-0053 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward ADM-2024-0053 to the City Council with a recommendation of approval."
BACKGROUND:
Since 2018 the Planning Commission has considered 400 rezoning applications, providing
commissioners with a thorough knowledge of zoning districts as well as familiarity with public
concerns on both proposed rezonings and developments. When an existing zoning district does
not fit development or use goals it is typical for a property or business owner or a developer to
request a new zoning district that would permit the intended development or use, however with
an infinite number of possible configurations, and a finite number of options for zoning districts,
applicants at times request zoning districts that are overall more than is required for the project
but that have key components that offer needed entitlements. A Bill of Assurance is a long -used
option to constrain zoning district entitlements, however it can only be offered voluntarily and
requires additional entitlement tracking. In light of these issues Planning Commission Chair
Andrew Brink proposed a new zoning district to staff and fellow Planning Commissioners to fill an
observed gap in the current set of zoning district entitlements and constraints.
DISCUSSION:
The purpose of this amendment is to establish a new zoning district titled "Urban Neighborhood"
(UN). Through discussion with the Planning Commission at their September and October Long
Range Planning Committee meetings, staff detailed standards for existing zoning districts that are
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
often thought of as mixed -use districts suitable for walkable neighborhoods and provided a side
by side comparison. The UN zoning district is intended to bridge existing zoning districts (primarily
the Neighborhood Services — General (NS-G) and Downtown General (DG) zoning districts) by
adding higher -density housing types as permitted uses and while limiting building height to three
stories, as concerns about taller building heights are frequently heard in public comment on
development applications.
A site design advantage to the proposed UN zoning district is that no minimum lot size is
proposed, and minimum lot width would be a narrow 12', which would permit a single driveway
width or could potentially accommodate a narrow townhouse. No street frontage for non-
residential uses 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'-25'
front build -to zone is proposed, meaning future buildings would need to be located within the front
25' 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 setbacks are proposed, and rear setbacks are 5' from the property line or 12'
from the centerline of an alley, which is common to existing zoning districts. The building height
maximum is proposed to be 3 stories.
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 UN to the list of zoning districts.
• 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 UN zoning district in Section 167.04(C) Table 1. This
is proposed to be 15%, the middle ground between tree canopy protection percentages
for NS-G (20%) and DG (10%).
• Chapter 174 — Signs to establish sign regulations for the new zoning district:
o 174.10(A)(3), 174.10(B)(2)(c), 174.10(C)(1), 174.10(D)(1), and 174.12 (C)
to add "UN" to define which sign regulations are applicable for the new district.
At their October 24, 2024 Long Range Planning Committee meeting Commissioners present
discussed the proposed zoning district and comparison to existing zoning districts, with
consensus from commissioners present that the new zoning district would be a beneficial option
and they would like to see it established in the UDC. Motion to forward the new zoning district to
the Planning Commission with a name determined by staff was made by Commissioner Brink and
seconded by Commissioner Madden. A unanimous vote of 6-0-0 followed. Commissioners
requested that Long Range Planning staff work with Urban Forestry staff to propose a tree
preservation requirement when the additional UDC amendments for the zoning district are
presented to the full Planning Commission at their next available regular meeting.
One additional change proposed to multiple places in 174.10 is to edit "R7 to RI" to correct a
typo. "RI" is for the two "Residential Intermediate" zoning districts.
PLANNING COMMISSION ACTION: Required YES
Date: December 9, 2024 O Tabled O Forwarded O Denied
Motion:
Second:
BUDGET/STAFF IMPACT:
None
Attachments:
Proposed Ordinance §161.37, Urban Neighborhood
• §160.01, Establishment of Zoning Districts, Strikethrough
• §164.25, Tandem Lot Development, Strikethrough
• §167.04, Tree Preservation and Protection During Development, Strikethrough
• §174.10, On Site Freestanding Signs, Strikethrough
• §174.12, Wall Signs, Strikethrough
• §160.01, Establishment of Zoning Districts, Clean
• §164.25, Tandem Lot Development, Clean
• §167.04, Tree Preservation and Protection During Development, Clean
§174.10, On Site Freestanding Signs, Clean
• §174.12, Wall Signs, Clean
161.37 Urban Neighborhood
(A) Purpose. The Urban Neighborhood District is designed to serve as a mixed use area of medium intensity and
provide a transition into residential neighborhoods from more intense, mixed -use districts. Urban
Neighborhood promotes a walkable, pedestrian -oriented neighborhood development form with a variety of
housing options and complementary neighborhood businesses that are compatible in scale and use with
surrounding land uses. For the purpose of Chapter 96: Noise Control the Urban Neighborhood district is a
residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 12b
General business
Unit 13
Eating places
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk cafes
Unit 41
Accessory dwelling units
Unit 44
Cluster housing development
Unit 46
1 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 5
Government facilities
Unit 14
Hotel, motel and amusement services
Unit 15
1 Neighborhood shopping goods
Unit 36
Wireless communication facilities
Unit 45
Small scale production
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwellings 12 feet
All other uses None
(2) Lot Area Minimum. None.
Page 1 of 2
(E) Setback regulations.
Front
A build -to zone that is located
between the front property line
and a line 25 feet from the front
property line.
Side
None
Rear
5feet
Rear, from center line of an alley
12 feet
(F) Building Height Regulations.
Building Height Maximum 13 stories
(G) Minimum Buildable Street Frontage. 50% of the lot width.
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
UN
Urban Neighborhood
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
I Design Overlay District
PZD
I Planned Zoning District
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%
UN, Urban Neighborhood
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
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(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
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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.
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(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.
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(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.
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(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.
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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 RI-TDistricts. Except pursuant to §174.03, pole signs shall be prohibited and no pole signs shall
be erected in RSF and RIT Districts of the City.
(3) RMF, R-O, NC, DNS, and UN 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, 1, 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 RIT 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, aadRMF, and UN 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, 1, 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, RIT, RMF, P, NC,-GPd NS, and UN 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, RIT, RMF, NC, NS,-GPd R-O_and UN 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, RIT, 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) Ilumination. 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 and, RSF and RIT 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, NS, and UN 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
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
UN
Urban Neighborhood
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
I Design Overlay District
PZD
I Planned Zoning District
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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, UN,
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
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regulations, including those in (8)(4) and (13)(5), shall be administered as zoning regulations for variance
purposes.
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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.
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(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%
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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%
UN, Urban Neighborhood
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.
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(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.
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(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.
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(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
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(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
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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.
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(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
174.10 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 RI Districts. Except pursuant to §174.03, pole signs shall be prohibited and no pole signs shall
be erected in RSF and RI Districts of the City.
(3) RMF, R-O, NC, NS, and UN 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 RI 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, RMF, and UN 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, 1, 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, RI, RMF, P, NC, NS, and UN 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, Rl, RMF, NC, NS, R-O, and UN 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, RI, 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 and RSF and RI 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, NS, and UN 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
Received From Britin Bostick on 12/30/2025 @ 5:57PM
(NS-G)
(UN)
(DG)
Residential Uses Allowed
Single -Family Dwellings
Single -Family Dwellings
Single -Family Dwellings
Two -Family Dwellings
Two -Family Dwellings
Two -Family Dwellings
Three and Four -Family Dwellings
Three and Four -Family Dwellings
Three and Four -Family Dwellings
Multifamily Dwellings
Multifamily Dwellings
Density
NA
NA
NA
Lot Width Minimums
All Dwelling Units 35 feet, All other uses NA
All Dwelling Units 12 feet, All other uses NA
All Dwelling Units 18 feet, All other uses NA
Lot Area Minimums
NA
NA
NA
Setback Type
Form -Based Only
Form -Based Only
Form -Based Only
Front Setback
0'-25' Build -to -Zone
10'-25' Build -to -Zone
10'-25' Build -to -Zone
Rear Setback
0' setback unless adjacent to residential only
5' from property line or 12' from centerline of alley
5' from property line or 12' from centerline of alley
district, when it becomes 15'
Side Setback
NA
NA
NA
Minimum Buildable Street
50%
50%
50%
Frontage
Building Height
3 Stories
3 Stories
5 Stories Maximum
(Additional restrictions when adjacent to residential
only district)
Building Area
NA
NA
NA
Tree Preservation
20% Minimum
15% Minimum
10% Minimum
Applicable Design
UDC 166.25: Commercial, Office and Mixed Use
UDC 166.25: Commercial, Office and Mixed Use
UDC 166.25: Commercial, Office and Mixed Use
Standards
Design Standards
Design Standards
Design Standards
UDC 166.24: Nonresidential Design Standards
UDC 166.24: Nonresidential Design Standards
UDC 166.24: Nonresidential Design Standards
UDC 166.23- Urban Residential Design Standards
UDC 166.23- Urban Residential Design Standards
UDC 166.23- Urban Residential Design Standards
UDC 164.23- Small Lot Design Standards (If less
UDC 164.23- Small Lot Design Standards (If less than
UDC 164.11(C) Home Protection Requirements
than 50 foot lot width)
50 foot lot width)
Existing and Proposed Uses Allowed by Right
Use Unit
Description
NS-G
UN
DG
1
City-wide uses by right
Permitted
Permitted
Permitted
2
City-wide uses by conditional use permit
Conditional Use
Conditional Use
Conditional Use
3
Public protection and utility facilities
Conditional Use
Conditional Use
Conditional Use
4
Cultural and recreational facilities
Conditional Use
Permitted
Permitted
5
Government facilities
Conditional Use
Conditional Use
Permitted
8
Single-family dwellings
Permitted
Permitted
Permitted
9
Two-family dwellings
Permitted
Permitted
Permitted
10
Three (3) and four (4) family dwellings
Permitted
Permitted
Permitted
12b
General business
Permitted
Permitted
Not Permitted
13
Eating Places
Conditional Use
Permitted
Permitted
14
Hotel, motel and amusement facilities
Not Permitted
Conditional Use
Conditional Use
15
Neighborhood shopping goods
Not Permitted
Conditional Use
Permitted
16
Shopping goods
Conditional Use
Not Permitted
Conditional Use
17
Transportation Trades and services
Not Permitted
Not Permitted
Conditional Use
19
Commercial recreation, small sites
Conditional Use
Not Permitted
Conditional Use
24
Home occupation
Permitted
Permitted
Permitted
25
Offices, studios, and related services
Conditional Use
Permitted
Permitted
26
Multi -family dwellings
Conditional Use
Permitted
Permitted
28
Center for collecting recyclable materials
Not Permitted
Not Permitted
Conditional Use
36
Wireless communications facilities
Conditional Use
Conditional Use
Conditional Use
40
Sidewalk Cafes
Permitted
Permitted
Permitted
41
Accessory dwellings
Permitted
Permitted
Permitted
44
Cluster Housing Development
Permitted
Permitted
Permitted
45
Small scale production
Conditional Use
Conditional Use
Permitted
46
Short-term rentals
Permitted
Permitted
Permitted
Form v1.54
Account #: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number #: 472420
PO #:
Matter of. ORD 6830
AFFIDAVIT • STATE OFARKANSAS
ECEIVE
O1/13/2025
C TY OF FAYETTEV LLE
CITY CLERK'S OFFICE
I, Maria Hernandez -Lopez , do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily
newspaper printed and published in WASHINGTONBENTON 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 6830
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 $235.60.
(Includes $0.00 Affidavit Charge).
NWA Democrat Gazette 01112125, NWA nwaonline. com 01112125
State ofARKANSAS, County of Sebastian
Subscribed and sworn to before me on this 13th day of January, 2025
Z�)
N ARY PUBLIC
Ordinance: 6830
File Number: 2024-01078
UNIFIED DEVELOPMENT
CODE (AMENDMENTS):
AN ORDINANCE TO AMEND
CHAPTER 161 ZONING REGULA-
TIONS OF THE UNIFIED DEVEL-
OPMENT CODE TO ENACT §
161.37 URBAN NEIGHBORHOOD
AND ESTABLISH ZONING REGU-
LATIONS FOR THE NEW ZONING
DISTRICT, TO AMEND § 160.01
ESTABLISHMENT OF DISTRICTS
TO ADD THE NEW DISTRICT, TO
AMEND § 164.25 TANDEM LOT
DEVELOPMENT TO ESTABLISH
BUILDING SETBACKS FOR TAN-
DEM LOTS, TO AMEND § 167.04
TREE PRESERVATION AND PRO-
TECTION DURING DEVELOP-
MENT TO ESTABLISH A
MINIMUM CANOPY REQUIRE-
MENT, AND TO AMEND CHAPTER
174 SIGNS TO ESTABLISH SIGN
REGULATIONS FOR THE NEW
ZONING DISTRICT
WHEREAS, the Urban Neigh-
borhood (UN) zoning district is
intended to bridge existing zon-
ng districts (primarily the
Neighborhood Services — Gen-
eral (NS-G) and Downtown Gen-
eral (DG) zoning districts) by
adding higher -density housing
types as permitted uses while
limiting building height to three
stories, as concerns about taller
building heights are frequently
heard in public comment on de-
velopment applications; and
WHEREAS, staff recommends
establishing a new zoning dis-
tricttitled "UN, Urban Neighbor-
hood" and, on December 9,
2024, the Planning Commission
voted unanimously to recom-
mend that the City Council
adopt the new UN, Urban Neigh-
borhood zoning district and ap-
prove these amendments to the
Unified Development Code.
NOVJ, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City
Council of the City of Fayet-
teville,Arkansas hereby amends
Chapter 161 Zoning Regulations
of the Unified Development
Code by enacting a new §
161.37 Urban Neighborhood as
shown in Exhibit A attached
hereto and made a part hereof.
Section 2: That the City
Council of the City of Fayet-
teville, Arkansas hereby amends
§ 160.01 Establishment of Dis-
tricts by inserting
UN Urban Neighborhood
between C-3, Central Busi-
ness Commercial and UC, Urban
Corridor.
Section 3: That the City
Council of the City of Fayet-
teville,Arkansas hereby amends
subsection (B)(5)(e) of § 164.25
Tandem Lot Development by
adding "UN" to the list of those
zoning districts with a 5 foot
minimum building setback.
Section 4: That the City
Council of the City of Fayet-
teville, Arkansas hereby amends
subsection (C) Canopy Area of §
167.04 Tree Preservation and
Protection During Development
by inserting the following be-
tween C-2, Thoroughfare Com-
mercial and UC, Urban Corridor:
UN, Urban Neighorhood
15%
Section 5: That the City
Council of the City of Fayet-
teville, Arkansas hereby amends
subsections (A)(3) and (13)(2)(c),
(C)(1), and (D)(1) of § 174.10
On -Site Freestanding Signs by
inserting "and UN" to the end of
each list of zoning districts as
shown in Exhibit A attached
hereto.
Section 6: That the City
Council of the City of. Fayet-
teville,Arkansas hereby amends
subsection (0) of § 174.12 Wall
Signs by inserting "and UN"
after °NS" as shown in Exhibit A
attached hereto.
PASSED and APPROVED on
January 7, 2025
Approved:
Molly Rawn, Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk -Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid: $235.60
January 12, 2025 472420