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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. Page 3 of 11 (2) Existing Natural Features. Each design shall consider the existing natural features of the site, the preservation priorities for the trees, and the impact their proposed removal may have both on and off - site. (3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater than or equal to an 8-inch diameter at breast height for large and medium species of trees. High priority for small species of trees is greater than or equal to a 4-inch diameter. Low priority trees are invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low priority trees are less than an 8-inch diameter at breast height for larger and medium species and less than a 4-inch diameter at breast height for smaller trees species. (F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments. (1) Residential Developments. The percent minimum canopy in residential developments shall be located in areas that have the least possibility of impact as public infrastructure and proposed utilities are installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the use and enjoyment of prospective lot owners. Residential developments requesting tree removal below the percent minimum canopy requirement may choose either residential on -site mitigation, or to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be vacated utility easements shall not be counted toward the percent minimum canopy requirement, and such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent minimum canopy requirement. (2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for the development of nonresidential developments. The Urban Forester shall recommend to the Planning Commission the option that will potentially preserve the largest amount of high priority canopy based upon the tree preservation criteria set forth in §167.04(B) above. (a) Preservation Plan for Entire Development. The developer may choose to preserve the percent minimum canopy required for the entire development. With this option, the preserved canopy shall be located in areas that will not be impacted by future development of the individual lots. Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in §167.04(L) below. Should the entire percent minimum canopy requirement for the site be so protected, the preserved canopy shall be placed in a tree preservation easement and the final plat shall include a statement that the individual lots, as represented thereon, shall not require separate tree preservation plans. (b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall delineate the area required for the construction of the infrastructure and improvements for the development. This area should include street rights -of -way, and utility and drainage easements. Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal of trees during the grading of individual lots, unless shown by the developer to be essential to the project's engineering design. The developer will be required to compensate for the canopy removed from defined individual lots by making the appropriate payment into the Tree Escrow Account. On all other areas of the development, the developer shall protect the existing canopy during the construction phase in accordance with §167.05 below. The final plat shall include a statement that the individual lots shall require separate tree preservation plans. (3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set forth in §167.04(H)(3) indicating the location of the structure and the preservation of the minimum tree canopy requirement. Page 4 of 11 (4) Developers have the option of creating cluster development, such as a Planned Zoning District, which would encourage more open space and tree preservation. In this pattern of development, the trees preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead of individual lots required to meet minimum percent requirements. The Tree Preservation Easements shall be clearly depicted on easement plats or final plats. (G) Initial Review. (1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to submitting a proposed development to the city. During the initial review, the Urban Forester shall make recommendations to ensure the proposed subdivision or development complies with the requirements of this chapter. These recommendations shall be nonbinding. However, applicants proceed at the risk of higher costs and longer approval times due to changes required by a noncompliant submittal should they choose not to have the initial review or to disregard the recommendations of the Urban Forester. (2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial review meeting in the Tree Preservation and Protection staff report given to applicants going through the development review process. If the applicant chooses to attend an initial review meeting, the staff report shall also document any recommendations made. The Urban Forester shall ensure that a copy of the report or email becomes part of the permanent file for the project. (H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree preservation criteria and percent minimum canopy requirements as set forth under §167.04(B) and (C). (1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree preservation analysis to determine the approximate age, health, size and species distribution of the trees, noting each on a tree preservation plan, and clearly showing the locations and types of all natural features on a site, including features 100 feet beyond the property lines. The tree preservation plan shall also specifically depict the applicable preservation priority level for each tree or group of trees on the site. The plan should include, but not be limited to, delineation of the following features as they exist on the site: (a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the natural drainage patterns; (b) The property line boundaries of the site; (c) Soils identified according to the Unified Soil Classification System; (d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species, diameter at breast height (DBH), and the overall health of each significant tree; (e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species, average height, diameter at breast height (DBH), and general health of the trees. (f) All existing utilities and utility easements; (g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist on the site or within 100 feet of the limits of disturbance; (h) Floodplains and floodways on the site; (i) All existing rights -of -way within and surrounding the project site, including any designated trails or bike paths; and, (j) Any other factors that may impact the design of the site. Page 5 of 11 (2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements, and delineate in the tree preservation plan the trees to be retained on -site, and the measures to be implemented for their protection. These measures shall include, but need not be limited to, fencing, limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly depict the limits of soil disturbance to include all areas to be graded both on and off -site, as well as the proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation, Protection and Landscape Manual for details, examples and specific checklists. Examples can be provided upon request to the Urban Forester. (3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for between 6,001 to 10,000 square feet of impervious area that require building permits, grading, or parking lot permits, but that do not fall under the requirements for developments required to go through the development review process of Technical Plat Review Committee, Subdivision Committee and Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The information for an abbreviated tree preservation plan may be combined with the site plan, plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan. (4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not met. The report shall detail the design approaches used to minimize damage to or removal of existing canopy that were considered in arriving at the proposed design. Written justification shall be presented as to why individual trees or canopy must be removed. The report shall also detail proposed on -site mitigation options or off -site alternatives, as detailed below. (5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas, preserved trees, and the physical limits of all protective measures on site required during construction. (6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree preservation plans shall not be required to submit analysis report. (7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation Easements for the added protection of trees preserved to meet percent minimum canopy requirements or trees planted, in those instances where such would be of mutual benefit to the applicant and the City of Fayetteville. (1) Request for On -Site Mitigation. (1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum canopy requirement must be incorporated with the applicant's tree preservation plan. (2) Plan Requirements. The tree preservation plan must graphically represent the species and location for all existing trees on -site. It shall also include a chart clearly stating the following information: (a) The number of trees requested for removal; (b) The percentage below the percent minimum canopy requirement they represent; and Page 6 of 11 (c) The species and number of trees to be planted based on the forestation requirements below. (3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (4) Forestation Requirements. The number and species of trees required for forestation shall be based upon the quality of the canopy lost: (a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy required, the canopy square footage removed shall be forested at a base density of two hundred (200), 2-inch caliper trees per acre removed. (b) Low Priority Canopy. When removing low priority canopy below the percent minimum required, the canopy square footage removed shall be forested at a base density of one hundred (100), 2- inch caliper trees per acre removed. (5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be accomplished by forestation on a per acre basis. The base density formula used above is based on 2- inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases, the number of trees to be planted may be adjusted in accordance with the species table to be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars, when available, or selected from the list of preferred tree species set forth in the City of Fayetteville Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the amount of space available for proper growth on the site, and must be approved by the Urban Forester. (7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the environmental benefits of canopy cover are most likely to offset the impact of development. Trees shall not be placed within utility easements, or in other locations where their future protection cannot be assured. (8) Residential On -Site Mitigation. Applicants requesting on -site mitigation for residential developments shall comply with all the provisions of §167.04(I), as well as the following: (a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees based on the forestation requirements as set forth at §167.04(I)(4). (b) All plans requesting residential on -site mitigation shall include a binding three (3) year maintenance and monitoring plan, which shall hold the applicant responsible for the health of all planted trees. (i) Approval of a plan requesting residential on -site mitigation shall be contingent upon the applicant depositing with the city an irrevocable letter of credit in an amount equal to the estimated cost of materials and labor for all trees at the time of planting. The irrevocable letter of credit must cover the entire three (3) year maintenance and monitoring period. Applicant shall submit cost estimates to the Urban Forester for approval. (ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester shall inspect the site and determine whether 90% of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the city shall release the letter of credit. (iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead trees, or take other appropriate action as approved by the Urban Forester. If the Page 7 of 11 applicant does not take remedial steps to bring the property into compliance, the city shall use the necessary moneys from the landscape establishment guarantee to do so. (iv) In the event trees are injured or destroyed by natural disasters, including but not limited to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent actions of third parties, the applicant shall be relieved of the responsibility of replanting the tree or trees so affected. (c) Developers requesting mitigation trees be planted along the street right-of-way of residential developments shall submit a landscape plan that complies with the standards outlined in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new trees planted are of the highest quality, require low maintenance, and do not interfere with public safety. The species of trees to be planted shall be selected from the approved street tree species list, or be otherwise specifically approved by the Urban Forester. The applicant's mitigation plan for planting street trees shall describe in detail the method for tracking the development of the individual lots, which shall best ensure that required number and species of mitigation trees are planted. (9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Facades). (a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious area and limited space for planting trees to use on -site mitigation alternatives to meet the mitigation requirements and still contribute beneficial plant materials that provide positive ecosystem services. (b) Applicability. On -Site Mitigation Alternatives shall only be allowed as alternatives to planting trees in form -based zoning districts that allow for mixed -use and do not have a building area maximum requirement. On -Site Mitigation Alternatives may not be utilized on sites that have adequate space to meet landscape requirements. (c) Timing of Request for On -Site Mitigation Alternatives. Requests for on -site alternatives must be incorporated and submitted concurrently with the applicant's tree preservation plan. (d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant species with deeper root systems. (e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant species with shallow root systems. (f) Green Fagade. A green fagade is created by growing climbing plants up and across the fagade of a building, either from plants grown directly in the ground or a large container of at least 12 inches of soil medium. Plants can attach directly to the building or be supported with a 12-inch by 12- inch trellis system connected to the building. (g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof, intensive green roof, and green fagade in lieu of a mitigation tree shall be based from square footage of tree canopy. (i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of tree canopy to 2.5 square feet of extensive green roof. (ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of tree canopy to 1.4 square feet of intensive green roof. (iii) The calculation for a green fagade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green facade. (J) Request for Off -Site Alternatives. Page 8 of 11 (1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in, and submitted concurrently with the applicant's tree preservation plan. (2) Off -Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or greater amount of canopy cover at a site within the city limits. (3) Off -Site Forestation. (a) If off -site preservation cannot be achieved, the applicant may seek approval from the Urban Forester to plant the required number of trees on another site owned by the applicant and located within the city limits. A tree preservation easement must be conveyed concurrently with or prior to submission of a final plat by the applicant to the city to protect any off -site preservation or forestation and the legal description of the tree preservation easement shall also appear on the final plat. (b) An applicant may plant and maintain mitigation trees needed for the applicant's development as to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city park or public right-of-way if expressly approved by City Council resolution. The City Council shall seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about the advisability of forestation of the nearby city park and may apply express conditions including requiring irrigation to be installed and regular maintenance to be performed by the applicant. (4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation, off -site preservation, off -site forestation, and on -site mitigation alternatives to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements which fairly represents the costs of material and labor to plant a tree. The developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to ensure each tree survives for that period of time. Tree planting and maintenance costs should be reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and maintenance for three (3) years. (a) Residential developments which cannot achieve the base density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the money paid into the Tree Escrow Account to plant trees within the development along rights -of - way, detention ponds, common areas or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the development is built out or as approved by the Urban Forester. (b) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to issuance of a building permit on all commercial, industrial, or multi -family residential buildings and prior to final plat acceptance for all residential and non-residential subdivisions. (c) Money contributed under this section: (i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either city staff or contract labor; (ii) Shall not revert to the general fund for ongoing operations. (d) If it is not possible to plant trees within the development, planting locations will be sought in appropriate sites within a 1 mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban forest analysis should be consulted when identifying appropriate locations to plant escrow funded trees. Page 9 of 11 (e) The City of Fayetteville shall refund the portion of the money contributed under this section, including the accrued interest that has not been expended seven (7) years from the date of the contribution. Interest shall be based on a 4% annual rate. (f) Refunds shall be paid to the applicant who made the original contribution. (g) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the applicant no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. (h) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. (i) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the applicant with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any contribution to the Tree Escrow Account under this ordinance. (K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all recommendations or administrative determinations made regarding an applicant's tree preservation plan. (1) The form shall clearly indicate whether the Urban Forester is making a final administrative determination, or a recommendation to the Planning Commission or City Council. (2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or "CONDITIONALLY APPROVED," and explain the reasoning therefore. (3) A statement shall appear on the form explaining the process by which a final administrative determination may be appealed in accordance with Chapter 155 of the Unified Development Code. (4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the permanent file for the project. (L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation Easements. (1) Large scale developments, large scale site improvements, and commercial preliminary plats are required to dedicate a tree preservation easement, if any existing tree are to be preserved. The tree preservation easement shall be the size of the minimum canopy preservation requirement, if possible. If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and extent of approved tree preservation easements which shall be clearly depicted and noted on the easement plats for large scale developments, large scale site improvements, commercial final plats, and any plats with a tree preservation easement. This shall be accompanied by a narrative statement describing the nature of the protection afforded, and bearing the signature of the Urban Forester. If it is impractical to include the actual depiction of the canopy in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice. (2) The geographic extent and location of tree preservation easements, once recorded, may only be modified, or abolished with the express approval of the City Council. Applicants requesting such action shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester, who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council meeting. Page 10 of 11 (3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation easement shall seek prior approval from the Urban Forester, who shall determine if such removal is consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter. Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester determines that natural replacements of sufficient health and vigor are already present in the tree preservation easement. Page 11 of 11 174.10 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 2 160.01 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 Page 6 of 11 (c) The species and number of trees to be planted based on the forestation requirements below. (3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (4) Forestation Requirements. The number and species of trees required for forestation shall be based upon the quality of the canopy lost: (a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy required, the canopy square footage removed shall be forested at a base density of two hundred (200), 2-inch caliper trees per acre removed. (b) Low Priority Canopy. When removing low priority canopy below the percent minimum required, the canopy square footage removed shall be forested at a base density of one hundred (100), 2- inch caliper trees per acre removed. (5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be accomplished by forestation on a per acre basis. The base density formula used above is based on 2- inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases, the number of trees to be planted may be adjusted in accordance with the species table to be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars, when available, or selected from the list of preferred tree species set forth in the City of Fayetteville Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the amount of space available for proper growth on the site, and must be approved by the Urban Forester. (7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the environmental benefits of canopy cover are most likely to offset the impact of development. Trees shall not be placed within utility easements, or in other locations where their future protection cannot be assured. (8) Residential On -Site Mitigation. Applicants requesting on -site mitigation for residential developments shall comply with all the provisions of §167.04(I), as well as the following: (a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees based on the forestation requirements as set forth at §167.04(I)(4). (b) All plans requesting residential on -site mitigation shall include a binding three (3) year maintenance and monitoring plan, which shall hold the applicant responsible for the health of all planted trees. (i) Approval of a plan requesting residential on -site mitigation shall be contingent upon the applicant depositing with the city an irrevocable letter of credit in an amount equal to the estimated cost of materials and labor for all trees at the time of planting. The irrevocable letter of credit must cover the entire three (3) year maintenance and monitoring period. Applicant shall submit cost estimates to the Urban Forester for approval. (ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester shall inspect the site and determine whether 90% of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the city shall release the letter of credit. (iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead trees, or take other appropriate action as approved by the Urban Forester. If the Page 7 of 11 applicant does not take remedial steps to bring the property into compliance, the city shall use the necessary moneys from the landscape establishment guarantee to do so. (iv) In the event trees are injured or destroyed by natural disasters, including but not limited to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent actions of third parties, the applicant shall be relieved of the responsibility of replanting the tree or trees so affected. (c) Developers requesting mitigation trees be planted along the street right-of-way of residential developments shall submit a landscape plan that complies with the standards outlined in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new trees planted are of the highest quality, require low maintenance, and do not interfere with public safety. The species of trees to be planted shall be selected from the approved street tree species list, or be otherwise specifically approved by the Urban Forester. The applicant's mitigation plan for planting street trees shall describe in detail the method for tracking the development of the individual lots, which shall best ensure that required number and species of mitigation trees are planted. (9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Facades). (a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious area and limited space for planting trees to use on -site mitigation alternatives to meet the mitigation requirements and still contribute beneficial plant materials that provide positive ecosystem services. (b) Applicability. On -Site Mitigation Alternatives shall only be allowed as alternatives to planting trees in form -based zoning districts that allow for mixed -use and do not have a building area maximum requirement. On -Site Mitigation Alternatives may not be utilized on sites that have adequate space to meet landscape requirements. (c) Timing of Request for On -Site Mitigation Alternatives. Requests for on -site alternatives must be incorporated and submitted concurrently with the applicant's tree preservation plan. (d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant species with deeper root systems. (e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant species with shallow root systems. (f) Green Fagade. A green fagade is created by growing climbing plants up and across the fagade of a building, either from plants grown directly in the ground or a large container of at least 12 inches of soil medium. Plants can attach directly to the building or be supported with a 12-inch by 12- inch trellis system connected to the building. (g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof, intensive green roof, and green fagade in lieu of a mitigation tree shall be based from square footage of tree canopy. (i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of tree canopy to 2.5 square feet of extensive green roof. (ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of tree canopy to 1.4 square feet of intensive green roof. (iii) The calculation for a green fagade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green facade. (J) Request for Off -Site Alternatives. Page 8 of 11 (1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in, and submitted concurrently with the applicant's tree preservation plan. (2) Off -Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or greater amount of canopy cover at a site within the city limits. (3) Off -Site Forestation. (a) If off -site preservation cannot be achieved, the applicant may seek approval from the Urban Forester to plant the required number of trees on another site owned by the applicant and located within the city limits. A tree preservation easement must be conveyed concurrently with or prior to submission of a final plat by the applicant to the city to protect any off -site preservation or forestation and the legal description of the tree preservation easement shall also appear on the final plat. (b) An applicant may plant and maintain mitigation trees needed for the applicant's development as to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city park or public right-of-way if expressly approved by City Council resolution. The City Council shall seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about the advisability of forestation of the nearby city park and may apply express conditions including requiring irrigation to be installed and regular maintenance to be performed by the applicant. (4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation, off -site preservation, off -site forestation, and on -site mitigation alternatives to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements which fairly represents the costs of material and labor to plant a tree. The developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to ensure each tree survives for that period of time. Tree planting and maintenance costs should be reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and maintenance for three (3) years. (a) Residential developments which cannot achieve the base density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the money paid into the Tree Escrow Account to plant trees within the development along rights -of - way, detention ponds, common areas or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the development is built out or as approved by the Urban Forester. (b) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to issuance of a building permit on all commercial, industrial, or multi -family residential buildings and prior to final plat acceptance for all residential and non-residential subdivisions. (c) Money contributed under this section: (i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either city staff or contract labor; (ii) Shall not revert to the general fund for ongoing operations. (d) If it is not possible to plant trees within the development, planting locations will be sought in appropriate sites within a 1 mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban forest analysis should be consulted when identifying appropriate locations to plant escrow funded trees. Page 9 of 11 (e) The City of Fayetteville shall refund the portion of the money contributed under this section, including the accrued interest that has not been expended seven (7) years from the date of the contribution. Interest shall be based on a 4% annual rate. (f) Refunds shall be paid to the applicant who made the original contribution. (g) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the applicant no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. (h) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. (i) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the applicant with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any contribution to the Tree Escrow Account under this ordinance. (K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all recommendations or administrative determinations made regarding an applicant's tree preservation plan. (1) The form shall clearly indicate whether the Urban Forester is making a final administrative determination, or a recommendation to the Planning Commission or City Council. (2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or "CONDITIONALLY APPROVED," and explain the reasoning therefore. (3) A statement shall appear on the form explaining the process by which a final administrative determination may be appealed in accordance with Chapter 155 of the Unified Development Code. (4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the permanent file for the project. (L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation Easements. (1) Large scale developments, large scale site improvements, and commercial preliminary plats are required to dedicate a tree preservation easement, if any existing tree are to be preserved. The tree preservation easement shall be the size of the minimum canopy preservation requirement, if possible. If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and extent of approved tree preservation easements which shall be clearly depicted and noted on the easement plats for large scale developments, large scale site improvements, commercial final plats, and any plats with a tree preservation easement. This shall be accompanied by a narrative statement describing the nature of the protection afforded, and bearing the signature of the Urban Forester. If it is impractical to include the actual depiction of the canopy in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice. (2) The geographic extent and location of tree preservation easements, once recorded, may only be modified, or abolished with the express approval of the City Council. Applicants requesting such action shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester, who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council meeting. Page 10 of 11 (3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation easement shall seek prior approval from the Urban Forester, who shall determine if such removal is consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter. Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester determines that natural replacements of sufficient health and vigor are already present in the tree preservation easement. Page 11 of 11 174.10 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 Page 6 of 11 (c) The species and number of trees to be planted based on the forestation requirements below. (3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (4) Forestation Requirements. The number and species of trees required for forestation shall be based upon the quality of the canopy lost: (a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy required, the canopy square footage removed shall be forested at a base density of two hundred (200), 2-inch caliper trees per acre removed. (b) Low Priority Canopy. When removing low priority canopy below the percent minimum required, the canopy square footage removed shall be forested at a base density of one hundred (100), 2- inch caliper trees per acre removed. (5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be accomplished by forestation on a per acre basis. The base density formula used above is based on 2- inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases, the number of trees to be planted may be adjusted in accordance with the species table to be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars, when available, or selected from the list of preferred tree species set forth in the City of Fayetteville Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the amount of space available for proper growth on the site, and must be approved by the Urban Forester. (7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the environmental benefits of canopy cover are most likely to offset the impact of development. Trees shall not be placed within utility easements, or in other locations where their future protection cannot be assured. (8) Residential On -Site Mitigation. Applicants requesting on -site mitigation for residential developments shall comply with all the provisions of §167.04(I), as well as the following: (a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees based on the forestation requirements as set forth at §167.04(I)(4). (b) All plans requesting residential on -site mitigation shall include a binding three (3) year maintenance and monitoring plan, which shall hold the applicant responsible for the health of all planted trees. (i) Approval of a plan requesting residential on -site mitigation shall be contingent upon the applicant depositing with the city an irrevocable letter of credit in an amount equal to the estimated cost of materials and labor for all trees at the time of planting. The irrevocable letter of credit must cover the entire three (3) year maintenance and monitoring period. Applicant shall submit cost estimates to the Urban Forester for approval. (ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester shall inspect the site and determine whether 90% of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the city shall release the letter of credit. (iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead trees, or take other appropriate action as approved by the Urban Forester. If the Page 7 of 11 applicant does not take remedial steps to bring the property into compliance, the city shall use the necessary moneys from the landscape establishment guarantee to do so. (iv) In the event trees are injured or destroyed by natural disasters, including but not limited to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent actions of third parties, the applicant shall be relieved of the responsibility of replanting the tree or trees so affected. (c) Developers requesting mitigation trees be planted along the street right-of-way of residential developments shall submit a landscape plan that complies with the standards outlined in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new trees planted are of the highest quality, require low maintenance, and do not interfere with public safety. The species of trees to be planted shall be selected from the approved street tree species list, or be otherwise specifically approved by the Urban Forester. The applicant's mitigation plan for planting street trees shall describe in detail the method for tracking the development of the individual lots, which shall best ensure that required number and species of mitigation trees are planted. (9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Facades). (a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious area and limited space for planting trees to use on -site mitigation alternatives to meet the mitigation requirements and still contribute beneficial plant materials that provide positive ecosystem services. (b) Applicability. On -Site Mitigation Alternatives shall only be allowed as alternatives to planting trees in form -based zoning districts that allow for mixed -use and do not have a building area maximum requirement. On -Site Mitigation Alternatives may not be utilized on sites that have adequate space to meet landscape requirements. (c) Timing of Request for On -Site Mitigation Alternatives. Requests for on -site alternatives must be incorporated and submitted concurrently with the applicant's tree preservation plan. (d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant species with deeper root systems. (e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant species with shallow root systems. (f) Green Fagade. A green fagade is created by growing climbing plants up and across the fagade of a building, either from plants grown directly in the ground or a large container of at least 12 inches of soil medium. Plants can attach directly to the building or be supported with a 12-inch by 12- inch trellis system connected to the building. (g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof, intensive green roof, and green fagade in lieu of a mitigation tree shall be based from square footage of tree canopy. (i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of tree canopy to 2.5 square feet of extensive green roof. (ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of tree canopy to 1.4 square feet of intensive green roof. (iii) The calculation for a green fagade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green facade. (J) Request for Off -Site Alternatives. Page 8 of 11 (1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in, and submitted concurrently with the applicant's tree preservation plan. (2) Off -Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or greater amount of canopy cover at a site within the city limits. (3) Off -Site Forestation. (a) If off -site preservation cannot be achieved, the applicant may seek approval from the Urban Forester to plant the required number of trees on another site owned by the applicant and located within the city limits. A tree preservation easement must be conveyed concurrently with or prior to submission of a final plat by the applicant to the city to protect any off -site preservation or forestation and the legal description of the tree preservation easement shall also appear on the final plat. (b) An applicant may plant and maintain mitigation trees needed for the applicant's development as to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city park or public right-of-way if expressly approved by City Council resolution. The City Council shall seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about the advisability of forestation of the nearby city park and may apply express conditions including requiring irrigation to be installed and regular maintenance to be performed by the applicant. (4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation, off -site preservation, off -site forestation, and on -site mitigation alternatives to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements which fairly represents the costs of material and labor to plant a tree. The developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to ensure each tree survives for that period of time. Tree planting and maintenance costs should be reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and maintenance for three (3) years. (a) Residential developments which cannot achieve the base density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the money paid into the Tree Escrow Account to plant trees within the development along rights -of - way, detention ponds, common areas or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the development is built out or as approved by the Urban Forester. (b) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to issuance of a building permit on all commercial, industrial, or multi -family residential buildings and prior to final plat acceptance for all residential and non-residential subdivisions. (c) Money contributed under this section: (i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either city staff or contract labor; (ii) Shall not revert to the general fund for ongoing operations. (d) If it is not possible to plant trees within the development, planting locations will be sought in appropriate sites within a 1 mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban forest analysis should be consulted when identifying appropriate locations to plant escrow funded trees. Page 9 of 11 (e) The City of Fayetteville shall refund the portion of the money contributed under this section, including the accrued interest that has not been expended seven (7) years from the date of the contribution. Interest shall be based on a 4% annual rate. (f) Refunds shall be paid to the applicant who made the original contribution. (g) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the applicant no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. (h) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. (i) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the applicant with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any contribution to the Tree Escrow Account under this ordinance. (K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all recommendations or administrative determinations made regarding an applicant's tree preservation plan. (1) The form shall clearly indicate whether the Urban Forester is making a final administrative determination, or a recommendation to the Planning Commission or City Council. (2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or "CONDITIONALLY APPROVED," and explain the reasoning therefore. (3) A statement shall appear on the form explaining the process by which a final administrative determination may be appealed in accordance with Chapter 155 of the Unified Development Code. (4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the permanent file for the project. (L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation Easements. (1) Large scale developments, large scale site improvements, and commercial preliminary plats are required to dedicate a tree preservation easement, if any existing tree are to be preserved. The tree preservation easement shall be the size of the minimum canopy preservation requirement, if possible. If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and extent of approved tree preservation easements which shall be clearly depicted and noted on the easement plats for large scale developments, large scale site improvements, commercial final plats, and any plats with a tree preservation easement. This shall be accompanied by a narrative statement describing the nature of the protection afforded, and bearing the signature of the Urban Forester. If it is impractical to include the actual depiction of the canopy in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice. (2) The geographic extent and location of tree preservation easements, once recorded, may only be modified, or abolished with the express approval of the City Council. Applicants requesting such action shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester, who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council meeting. Page 10 of 11 (3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation easement shall seek prior approval from the Urban Forester, who shall determine if such removal is consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter. Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester determines that natural replacements of sufficient health and vigor are already present in the tree preservation easement. Page 11 of 11 174.10 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 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. Page 3 of 11 (2) Existing Natural Features. Each design shall consider the existing natural features of the site, the preservation priorities for the trees, and the impact their proposed removal may have both on and off - site. (3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater than or equal to an 8-inch diameter at breast height for large and medium species of trees. High priority for small species of trees is greater than or equal to a 4-inch diameter. Low priority trees are invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low priority trees are less than an 8-inch diameter at breast height for larger and medium species and less than a 4-inch diameter at breast height for smaller trees species. (F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments. (1) Residential Developments. The percent minimum canopy in residential developments shall be located in areas that have the least possibility of impact as public infrastructure and proposed utilities are installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the use and enjoyment of prospective lot owners. Residential developments requesting tree removal below the percent minimum canopy requirement may choose either residential on -site mitigation, or to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be vacated utility easements shall not be counted toward the percent minimum canopy requirement, and such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent minimum canopy requirement. (2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for the development of nonresidential developments. The Urban Forester shall recommend to the Planning Commission the option that will potentially preserve the largest amount of high priority canopy based upon the tree preservation criteria set forth in §167.04(B) above. (a) Preservation Plan for Entire Development. The developer may choose to preserve the percent minimum canopy required for the entire development. With this option, the preserved canopy shall be located in areas that will not be impacted by future development of the individual lots. Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in §167.04(L) below. Should the entire percent minimum canopy requirement for the site be so protected, the preserved canopy shall be placed in a tree preservation easement and the final plat shall include a statement that the individual lots, as represented thereon, shall not require separate tree preservation plans. (b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall delineate the area required for the construction of the infrastructure and improvements for the development. This area should include street rights -of -way, and utility and drainage easements. Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal of trees during the grading of individual lots, unless shown by the developer to be essential to the project's engineering design. The developer will be required to compensate for the canopy removed from defined individual lots by making the appropriate payment into the Tree Escrow Account. On all other areas of the development, the developer shall protect the existing canopy during the construction phase in accordance with §167.05 below. The final plat shall include a statement that the individual lots shall require separate tree preservation plans. (3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set forth in §167.04(H)(3) indicating the location of the structure and the preservation of the minimum tree canopy requirement. Page 4 of 11 (4) Developers have the option of creating cluster development, such as a Planned Zoning District, which would encourage more open space and tree preservation. In this pattern of development, the trees preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead of individual lots required to meet minimum percent requirements. The Tree Preservation Easements shall be clearly depicted on easement plats or final plats. (G) Initial Review. (1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to submitting a proposed development to the city. During the initial review, the Urban Forester shall make recommendations to ensure the proposed subdivision or development complies with the requirements of this chapter. These recommendations shall be nonbinding. However, applicants proceed at the risk of higher costs and longer approval times due to changes required by a noncompliant submittal should they choose not to have the initial review or to disregard the recommendations of the Urban Forester. (2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial review meeting in the Tree Preservation and Protection staff report given to applicants going through the development review process. If the applicant chooses to attend an initial review meeting, the staff report shall also document any recommendations made. The Urban Forester shall ensure that a copy of the report or email becomes part of the permanent file for the project. (H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree preservation criteria and percent minimum canopy requirements as set forth under §167.04(B) and (C). (1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree preservation analysis to determine the approximate age, health, size and species distribution of the trees, noting each on a tree preservation plan, and clearly showing the locations and types of all natural features on a site, including features 100 feet beyond the property lines. The tree preservation plan shall also specifically depict the applicable preservation priority level for each tree or group of trees on the site. The plan should include, but not be limited to, delineation of the following features as they exist on the site: (a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the natural drainage patterns; (b) The property line boundaries of the site; (c) Soils identified according to the Unified Soil Classification System; (d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species, diameter at breast height (DBH), and the overall health of each significant tree; (e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species, average height, diameter at breast height (DBH), and general health of the trees. (f) All existing utilities and utility easements; (g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist on the site or within 100 feet of the limits of disturbance; (h) Floodplains and floodways on the site; (i) All existing rights -of -way within and surrounding the project site, including any designated trails or bike paths; and, (j) Any other factors that may impact the design of the site. Page 5 of 11 (2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements, and delineate in the tree preservation plan the trees to be retained on -site, and the measures to be implemented for their protection. These measures shall include, but need not be limited to, fencing, limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly depict the limits of soil disturbance to include all areas to be graded both on and off -site, as well as the proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation, Protection and Landscape Manual for details, examples and specific checklists. Examples can be provided upon request to the Urban Forester. (3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for between 6,001 to 10,000 square feet of impervious area that require building permits, grading, or parking lot permits, but that do not fall under the requirements for developments required to go through the development review process of Technical Plat Review Committee, Subdivision Committee and Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The information for an abbreviated tree preservation plan may be combined with the site plan, plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan. (4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not met. The report shall detail the design approaches used to minimize damage to or removal of existing canopy that were considered in arriving at the proposed design. Written justification shall be presented as to why individual trees or canopy must be removed. The report shall also detail proposed on -site mitigation options or off -site alternatives, as detailed below. (5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas, preserved trees, and the physical limits of all protective measures on site required during construction. (6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree preservation plans shall not be required to submit analysis report. (7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation Easements for the added protection of trees preserved to meet percent minimum canopy requirements or trees planted, in those instances where such would be of mutual benefit to the applicant and the City of Fayetteville. (1) Request for On -Site Mitigation. (1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum canopy requirement must be incorporated with the applicant's tree preservation plan. (2) Plan Requirements. The tree preservation plan must graphically represent the species and location for all existing trees on -site. It shall also include a chart clearly stating the following information: (a) The number of trees requested for removal; (b) The percentage below the percent minimum canopy requirement they represent; and Page 6 of 11 (c) The species and number of trees to be planted based on the forestation requirements below. (3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (4) Forestation Requirements. The number and species of trees required for forestation shall be based upon the quality of the canopy lost: (a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy required, the canopy square footage removed shall be forested at a base density of two hundred (200), 2-inch caliper trees per acre removed. (b) Low Priority Canopy. When removing low priority canopy below the percent minimum required, the canopy square footage removed shall be forested at a base density of one hundred (100), 2- inch caliper trees per acre removed. (5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be accomplished by forestation on a per acre basis. The base density formula used above is based on 2- inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases, the number of trees to be planted may be adjusted in accordance with the species table to be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars, when available, or selected from the list of preferred tree species set forth in the City of Fayetteville Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the amount of space available for proper growth on the site, and must be approved by the Urban Forester. (7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the environmental benefits of canopy cover are most likely to offset the impact of development. Trees shall not be placed within utility easements, or in other locations where their future protection cannot be assured. (8) Residential On -Site Mitigation. Applicants requesting on -site mitigation for residential developments shall comply with all the provisions of §167.04(I), as well as the following: (a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees based on the forestation requirements as set forth at §167.04(I)(4). (b) All plans requesting residential on -site mitigation shall include a binding three (3) year maintenance and monitoring plan, which shall hold the applicant responsible for the health of all planted trees. (i) Approval of a plan requesting residential on -site mitigation shall be contingent upon the applicant depositing with the city an irrevocable letter of credit in an amount equal to the estimated cost of materials and labor for all trees at the time of planting. The irrevocable letter of credit must cover the entire three (3) year maintenance and monitoring period. Applicant shall submit cost estimates to the Urban Forester for approval. (ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester shall inspect the site and determine whether 90% of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the city shall release the letter of credit. (iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead trees, or take other appropriate action as approved by the Urban Forester. If the Page 7 of 11 applicant does not take remedial steps to bring the property into compliance, the city shall use the necessary moneys from the landscape establishment guarantee to do so. (iv) In the event trees are injured or destroyed by natural disasters, including but not limited to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent actions of third parties, the applicant shall be relieved of the responsibility of replanting the tree or trees so affected. (c) Developers requesting mitigation trees be planted along the street right-of-way of residential developments shall submit a landscape plan that complies with the standards outlined in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new trees planted are of the highest quality, require low maintenance, and do not interfere with public safety. The species of trees to be planted shall be selected from the approved street tree species list, or be otherwise specifically approved by the Urban Forester. The applicant's mitigation plan for planting street trees shall describe in detail the method for tracking the development of the individual lots, which shall best ensure that required number and species of mitigation trees are planted. (9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Facades). (a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious area and limited space for planting trees to use on -site mitigation alternatives to meet the mitigation requirements and still contribute beneficial plant materials that provide positive ecosystem services. (b) Applicability. On -Site Mitigation Alternatives shall only be allowed as alternatives to planting trees in form -based zoning districts that allow for mixed -use and do not have a building area maximum requirement. On -Site Mitigation Alternatives may not be utilized on sites that have adequate space to meet landscape requirements. (c) Timing of Request for On -Site Mitigation Alternatives. Requests for on -site alternatives must be incorporated and submitted concurrently with the applicant's tree preservation plan. (d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant species with deeper root systems. (e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant species with shallow root systems. (f) Green Fagade. A green fagade is created by growing climbing plants up and across the fagade of a building, either from plants grown directly in the ground or a large container of at least 12 inches of soil medium. Plants can attach directly to the building or be supported with a 12-inch by 12- inch trellis system connected to the building. (g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof, intensive green roof, and green fagade in lieu of a mitigation tree shall be based from square footage of tree canopy. (i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of tree canopy to 2.5 square feet of extensive green roof. (ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of tree canopy to 1.4 square feet of intensive green roof. (iii) The calculation for a green fagade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green facade. (J) Request for Off -Site Alternatives. Page 8 of 11 (1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in, and submitted concurrently with the applicant's tree preservation plan. (2) Off -Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or greater amount of canopy cover at a site within the city limits. (3) Off -Site Forestation. (a) If off -site preservation cannot be achieved, the applicant may seek approval from the Urban Forester to plant the required number of trees on another site owned by the applicant and located within the city limits. A tree preservation easement must be conveyed concurrently with or prior to submission of a final plat by the applicant to the city to protect any off -site preservation or forestation and the legal description of the tree preservation easement shall also appear on the final plat. (b) An applicant may plant and maintain mitigation trees needed for the applicant's development as to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city park or public right-of-way if expressly approved by City Council resolution. The City Council shall seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about the advisability of forestation of the nearby city park and may apply express conditions including requiring irrigation to be installed and regular maintenance to be performed by the applicant. (4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation, off -site preservation, off -site forestation, and on -site mitigation alternatives to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements which fairly represents the costs of material and labor to plant a tree. The developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to ensure each tree survives for that period of time. Tree planting and maintenance costs should be reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and maintenance for three (3) years. (a) Residential developments which cannot achieve the base density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the money paid into the Tree Escrow Account to plant trees within the development along rights -of - way, detention ponds, common areas or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the development is built out or as approved by the Urban Forester. (b) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to issuance of a building permit on all commercial, industrial, or multi -family residential buildings and prior to final plat acceptance for all residential and non-residential subdivisions. (c) Money contributed under this section: (i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either city staff or contract labor; (ii) Shall not revert to the general fund for ongoing operations. (d) If it is not possible to plant trees within the development, planting locations will be sought in appropriate sites within a 1 mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban forest analysis should be consulted when identifying appropriate locations to plant escrow funded trees. Page 9 of 11 (e) The City of Fayetteville shall refund the portion of the money contributed under this section, including the accrued interest that has not been expended seven (7) years from the date of the contribution. Interest shall be based on a 4% annual rate. (f) Refunds shall be paid to the applicant who made the original contribution. (g) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the applicant no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. (h) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. (i) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the applicant with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any contribution to the Tree Escrow Account under this ordinance. (K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all recommendations or administrative determinations made regarding an applicant's tree preservation plan. (1) The form shall clearly indicate whether the Urban Forester is making a final administrative determination, or a recommendation to the Planning Commission or City Council. (2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or "CONDITIONALLY APPROVED," and explain the reasoning therefore. (3) A statement shall appear on the form explaining the process by which a final administrative determination may be appealed in accordance with Chapter 155 of the Unified Development Code. (4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the permanent file for the project. (L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation Easements. (1) Large scale developments, large scale site improvements, and commercial preliminary plats are required to dedicate a tree preservation easement, if any existing tree are to be preserved. The tree preservation easement shall be the size of the minimum canopy preservation requirement, if possible. If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and extent of approved tree preservation easements which shall be clearly depicted and noted on the easement plats for large scale developments, large scale site improvements, commercial final plats, and any plats with a tree preservation easement. This shall be accompanied by a narrative statement describing the nature of the protection afforded, and bearing the signature of the Urban Forester. If it is impractical to include the actual depiction of the canopy in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice. (2) The geographic extent and location of tree preservation easements, once recorded, may only be modified, or abolished with the express approval of the City Council. Applicants requesting such action shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester, who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council meeting. Page 10 of 11 (3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation easement shall seek prior approval from the Urban Forester, who shall determine if such removal is consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter. Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester determines that natural replacements of sufficient health and vigor are already present in the tree preservation easement. Page 11 of 11 174.10 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