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HomeMy WebLinkAboutOrdinance 6879113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6879 File Number: 2025-628 AN ORDINANCE TO AMEND § 151.01 DEFINITIONS, CHAPTER 161 ZONING REGULATIONS, § 162.01 ESTABLISHMENT/LISTING, § 164.11 HEIGHT OR SETBACK REGULATIONS; EXCEPTIONS AND HOME PROTECTION REQUIREMENTS; AND § 172.05 STANDARDS FOR THE NUMBER OF SPACES BY USE OF THE UNIFIED DEVELOPMENT CODE, AND TO ENACT § 163.19 PRIVATE DORMITORIES TO ESTABLISH REGULATIONS FOR PRIVATE DORMITORIES AS A NEW CONDITIONAL USE, AND TO DECLARE AN EMERGENCY WHEREAS, on April 2, 2024, the City Council unanimously adopted Resolution 117-24 to declare a housing crisis, and stated our desire for "a full range of housing stock in a variety of forms and price points"; and WHEREAS, the City Council has budgeted $650,000 for the creation of a new Downtown Master Plan to update the design goals and long-term infrastructure needs in the heart of the City that will be completed this year; and WHEREAS, City Plan 2040 adopted goals of appropriate infill and revitalization, a livable transportation network, and opportunities for attainable housing and use conditions are an effective way to align development outcomes with those stated goals; and WHEREAS, the redevelopment of existing neighborhoods may result in the loss of affordable housing and/or the displacement of residents; and WHEREAS, the private market has been providing off -campus housing for students enrolled at the University of Arkansas since the university's establishment in 1871; and WHEREAS, the University of Arkansas has increased enrollment from 17,269 students in fall 2004 to 33,610 students in fall 2024 while providing approximately 6,200 beds on campus; and WHEREAS, large apartment buildings designed as private dormitories and marketed to student occupants have become the private market response to the demand for additional student housing, and that demand is expected to increase as student enrollment increases, thus initiating a definition for this new housing type in the city with associated zoning and development requirements. 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 § 151.01 Definitions by amending the current definition of dormitory and enacting a new definition of private dormitory as follows: `Dormitory, Institutional (zoning). A building or group of buildings designed or altered for the purpose of accommodating students or members of religious orders with sleeping quarters, with or without communal kitchen Page 1 Ordinance: 6879 File Number: 2025-628 facilities, and administered by educational or religious institutions. "Dormitory, Private (zoning). A building or group of buildings not located on an academic or religious campus that provides housing for students of those institutions. Units generally consist of suites with shared living and cooking areas and three or more private bedrooms, each with its own bathroom. Private dormitories shall be treated as multi- family for the purpose of zoning and development regulations where it is not separately identified." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the following sections in Chapter 161 Zoning Regulations by inserting Use Unit 48 - Private Dormitories as a conditional use in subsection (13)(2) for the following zoning districts: • 161.12 District RI-U, Residential Intermediate -Urban • 161.13 District RMF-6, Residential Multi -Family — Six (6) Units Per Acre • 161.14 District RMF-12, Residential Multi -Family — Twelve (12) Units Per Acre • 161.15 District RMF-18, Residential Multi -Family — Eighteen (18) Units Per Acre • 161.16 District RMF-24, Residential Multi -Family — Twenty -Four (24) Units Per Acre • 161.17 District RMF-40, Residential Multi -Family — Forty (40) Units Per Acre • 161.18 NS-L, Neighborhood Services — Limited • 161.19 NS-G, Neighborhood Services — General • 161.20 District R-O, Residential Office • 161.22 Community Services • 161.24 Urban Thoroughfare • 161.25 District C-3, Central Commercial • 161.26 Downtown Core • 161.27 Main Street/Center • 161.28 Downtown General • 161.32 District P-1, Institutional • 161.36 Urban Corridor • 161.37 Urban Neighborhood Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 162.01 Establishment/Listing by: 1) adding Unit 48 — Private Dormitories to the introductory table; 2) changing Dormitory under subsection (D) Unit 4 to "Institutional Dormitory"; 3) striking Dormitory under subsection (AA) Unit 26. Multi -Family Dwellings; and 4) enacting a new subsection (WW) for private dormitories as follows: "(WW) Unit 48. Private dormitories. (1) Description. Unit 48 consists of uses related to facilities constructed for the purpose of housing students. (2) Included Uses. [Private dormitories I Section 4: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 163.19 Private Dormitories as follows: "163.19 Private Dormitories Private Dormitories. Private Dormitories may be allowed as a conditional use where they are permitted subject to the following conditions: Page 2 Ordinance: 6879 File Number: 2025-628 (A) Subject to Residential Parking Standards. Dormitories shall be subject to Section 172 — Parking and Loading and shall be subject to residential parking requirements. (B) Neighborhood Compatibility. General compatibility with adjacent properties and surrounding neighborhood will be measured by analyzing surrounding land uses, scale, neighborhood character, and concentration of other student - oriented developments. The ground level street frontage may be required to be designed for active ground floor uses that are not residential, such as civic, retail, restaurant, or working spaces. (C) Traffic and Infrastructure Impacts. The project developer shall provide a traffic and infrastructure impact assessment and management plan that demonstrates the project will not unreasonably burden street or transit networks and that the existing street, sidewalk, bike, and bus infrastructure is sufficient to support the proposed bedroom density per acre. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.11 Height or Setback Regulations; Exceptions and Home Protection Requirements by inserting "private dormitory" in the first sentence of subsection (C) following "new multifamily." Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 172.04 Standards for the Number of Spaces by Use by changing "College dormitory" to "Institutional dormitory" in Table 3, Public and Institutional Uses. Section 7: Emergency Clause: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because the University of Arkansas has increased enrollment from 17,269 students in fall 2004 to 33,610 students in fall 2024 while providing only approximately 6,200 beds on campus. As a result, large apartment buildings designed as private dormitories marketed to student occupants have become the private market response to the demand for additional student housing, the demand for which is expected to increase as student enrollment increases, which has created a need to define this new housing type in the city with associated zoning and development requirements. Furthermore, the redevelopment of existing neighborhoods may result in the loss of affordable housing and the displacement of current residents. Therefore, passage of this ordinance is necessary for the public peace as well as the health and safety of Fayetteville residents and the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on May 20, 2025 Approved: Molly Rawn, Mayor Attest: J�:.............. / ii FgEYETY VIIe E' m= TfEVILLC�N Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $568.48 Page 3 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 20, 2025 TO: Mayor Rawn and City Council THRU: FROM: Council Member Sarah Moore CITY COUNCIL MEMO 2025-628 SUBJECT: Establish Regulations for Private Dormitories as a New Conditional Use RECOMMENDATION: Council Member Moore is sponsoring an ordinance that will create a new use unit for private dormitories and establish regulations for private dormitories as a conditional use in certain zoning districts. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Request - Council Member Moore - Private Dormitories CUP (#3), Private Dormitories Exhibit A - Clean (#4), Private Dormitories Exhibit B - Strikethrough (#5), Private Dormitories Presentation - Council Member Moore (#6), City Attorney Memo - Definition of Private Dormitory (#7) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-628 AN ORDINANCE TO AMEND § 151.01 DEFINITIONS, CHAPTER 161 ZONING REGULATIONS, § 162.01 ESTABLISHMENT/LISTING, § 164.11 HEIGHT OR SETBACK REGULATIONS; EXCEPTIONS AND HOME PROTECTION REQUIREMENTS; AND § 172.05 STANDARDS FOR THE NUMBER OF SPACES BY USE OF THE UNIFIED DEVELOPMENT CODE, AND TO ENACT § 163.19 PRIVATE DORMITORIES TO ESTABLISH REGULATIONS FOR PRIVATE DORMITORIES AS A NEW CONDITIONAL USE, AND TO DECLARE AN EMERGENCY WHEREAS, on April 2, 2024, the City Council unanimously adopted Resolution 117-24 to declare a housing crisis, and stated our desire for "a full range of housing stock in a variety of forms and price points"; and WHEREAS, the City Council has budgeted $650,000 for the creation of a new Downtown Master Plan to update the design goals and long-term infrastructure needs in the heart of the City that will be completed this year; and WHEREAS, City Plan 2040 adopted goals of appropriate infill and revitalization, a livable transportation network, and opportunities for attainable housing and use conditions are an effective way to align development outcomes with those stated goals; and WHEREAS, the redevelopment of existing neighborhoods may result in the loss of affordable housing and/or the displacement of residents; and WHEREAS, the private market has been providing off -campus housing for students enrolled at the University of Arkansas since the university's establishment in 1871; and WHEREAS, the University of Arkansas has increased enrollment from 17,269 students in fall 2004 to 33,610 students in fall 2024 while providing approximately 6,200 beds on campus; and WHEREAS, large apartment buildings designed as private dormitories and marketed to student occupants have become the private market response to the demand for additional student housing, and that demand is expected to increase as student enrollment increases, thus initiating a definition for this new housing type in the city with associated zoning and development requirements. 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 § 151.01 Definitions by amending the current definition of dormitory and enacting a new definition of Page 1 Resolution: File Number: 2025-628 private dormitory as follows: "Dormitory, Institutional (zoning). A building or group of buildings designed or altered for the purpose of accommodating students or members of religious orders with sleeping quarters, with or without communal kitchen facilities, and administered by educational or religious institutions. "Dormitory, Private (zoning). A building or group of buildings not located on an academic or religious campus that provides housing for students of those institutions. Units generally consist of suites with shared living and cooking areas and three or more private bedrooms, each with its own bathroom. Private dormitories shall be treated as multi -family for the purpose of zoning and development regulations where it is not separately identified." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the following sections in Chapter 161 Zoning Regulations by inserting Use Unit 48 - Private Dormitories as a conditional use in subsection (13)(2) for the following zoning districts: • 161.12 District RI-U, Residential Intermediate -Urban • 161.13 District RMF-6, Residential Multi -Family — Six (6) Units Per Acre • 161.14 District RMF-12, Residential Multi -Family — Twelve (12) Units Per Acre • 161.15 District RMF-18, Residential Multi -Family — Eighteen (18) Units Per Acre • 161.16 District RMF-24, Residential Multi -Family — Twenty -Four (24) Units Per Acre • 161.17 District RMF-40, Residential Multi -Family — Forty (40) Units Per Acre • 161.18 NS-L, Neighborhood Services — Limited • 161.19 NS-G, Neighborhood Services — General • 161.20 District R-O, Residential Office • 161.22 Community Services • 161.24 Urban Thoroughfare • 161.25 District C-3, Central Commercial • 161.26 Downtown Core • 161.27 Main Street/Center • 161.28 Downtown General • 161.32 District P-1, Institutional • 161.36 Urban Corridor • 161.37 Urban Neighborhood Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 162.01 Establishment/Listing by: 1) adding Unit 48 — Private Dormitories to the introductory table; 2) changing Dormitory under subsection (D) Unit 4 to "Institutional Dormitory"; 3) striking Dormitory under subsection (AA) Unit 26. Multi -Family Dwellings; and 4) enacting a new subsection (WW) for private dormitories as follows: "(WW) Unit 48. Private dormitories. Page 2 Resolution: File Number. 2025-628 (1) Description. Unit 48 consists of uses related to facilities constructed for the purpose of housing students. (2) Included Uses. Private dormitories Section 4: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 163.19 Private Dormitories as follows: "163.19 Private Dormitories Private Dormitories. Private Dormitories may be allowed as a conditional use where they are permitted subject to the following conditions: (A) Subject to Residential Parking Standards. Dormitories shall be subject to Section 172 — Parking and Loading and shall be subject to residential parking requirements. (B) Neighborhood Compatibility. General compatibility with adjacent properties and surrounding neighborhood will be measured by analyzing surrounding land uses, scale, neighborhood character, and concentration of other student -oriented developments. The ground level street frontage may be required to be designed for active ground floor uses that are not residential, such as civic, retail, restaurant, or working spaces. (C) Traffic and Infrastructure Impacts. The project developer shall provide a traffic and infrastructure impact assessment and management plan that demonstrates the project will not unreasonably burden street or transit networks and that the existing street, sidewalk, bike, and bus infrastructure is sufficient to support the proposed bedroom density per acre. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.11 Height or Setback Regulations; Exceptions and Home Protection Requirements by inserting "private dormitory" in the first sentence of subsection (C) following "new multifamily." Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 172.04 Standards for the Number of Spaces by Use by changing "College dormitory" to "Institutional dormitory" in Table 3, Public and Institutional Uses. Section 7: Emergency Clause: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because the University of Arkansas has increased enrollment from 17,269 students in fall 2004 to 33,610 students in fall 2024 while providing only approximately 6,200 beds on campus. As a result, large apartment buildings designed as private dormitories marketed to student occupants have become the private market response to the demand for additional student housing, the demand for which is expected to increase as student enrollment increases, which has created a need to define this new housing type in the city with associated zoning and development requirements. Furthermore, the redevelopment of existing neighborhoods may result in the loss of affordable housing and the displacement of current residents. Therefore, passage of this ordinance is necessary for the public peace as well as the health and safety of Page 3 Resolution: File Number: 2025-628 Fayetteville residents and the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. Page 4 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-628 AN ORDINANCE TO AMEND § 151.01 DEFINITIONS, CHAPTER 161 ZONING REGULATIONS, § 162.01 ESTABLISHMENT/LISTING, § 164.11 HEIGHT OR SETBACK REGULATIONS; EXCEPTIONS AND HOME PROTECTION REQUIREMENTS; AND § 172.05 STANDARDS FOR THE NUMBER OF SPACES BY USE OF THE UNIFIED DEVELOPMENT CODE, AND TO ENACT § 163.19 PRIVATE DORMITORIES TO ESTABLISH REGULATIONS FOR PRIVATE DORMITORIES AS A NEW CONDITIONAL USE, AND TO DECLARE AN EMERGENCY WHEREAS, on April 2, 2024, the City Council unanimously adopted Resolution 117-24 to declare a housing crisis, and stated our desire for "a full range of housing stock in a variety of forms and price points"; and WHEREAS, the City Council has budgeted $650,000 for the creation of a new Downtown Master Plan to update the design goals and long-term infrastructure needs in the heart of the City that will be completed this year; and WHEREAS, City Plan 2040 adopted goals of appropriate infill and revitalization, a livable transportation network, and opportunities for attainable housing and use conditions are an effective way to align development outcomes with those stated goals; and WHEREAS, the redevelopment of existing neighborhoods may result in the loss of affordable housing and/or the displacement of residents; and WHEREAS, the private market has been providing off -campus housing for students enrolled at the University of Arkansas since the university's establishment in 1871; and WHEREAS, the University of Arkansas has increased enrollment from 17,269 students in fall 2004 to 33,610 students in fall 2024 while providing approximately 6,200 beds on campus; and WHEREAS, large apartment buildings designed as private dormitories and marketed to student occupants have become the private market response to the demand for additional student housing, and that demand is expected to increase as student enrollment increases, thus initiating a definition for this new housing type in the city with associated zoning and development requirements. 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 § Page 1 Ordinance: 6879 File Number: 2025-628 151.01 Definitions by amending the current definition of dormitory and enacting a new definition of private dormitory as follows: "Dormitory, Institutional (zoning). A building or group of buildings designed or altered for the purpose of accommodating students or members of religious orders with sleeping quarters, with or without communal kitchen facilities, and administered by educational or religious institutions. "Dormitory, Private (zoning). A building or group of buildings not located on an academic or religious campus that provides housing for students of those institutions. Units generally consist of suites with shared living and cooking areas and three or more private bedrooms, each with its own bathroom. Private dormitories shall be treated as multi -family for the purpose of zoning and development regulations where it is not separately identified." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the following sections in Chapter 161 Zoning Regulations by inserting Use Unit 48 - Private Dormitories as a conditional use in subsection (13)(2) for the following zoning districts: • 161.12 District RI-U, Residential Intermediate -Urban • 161.13 District RMF-6, Residential Multi -Family — Six (6) Units Per Acre • 161.14 District RMF-12, Residential Multi -Family — Twelve (12) Units Per Acre • 161.15 District RMF-18, Residential Multi -Family — Eighteen (18) Units Per Acre • 161.16 District RMF-24, Residential Multi -Family — Twenty -Four (24) Units Per Acre • 161.17 District RMF-40, Residential Multi -Family — Forty (40) Units Per Acre • 161.18 NS-L, Neighborhood Services — Limited • 161.19 NS-G, Neighborhood Services — General • 161.20 District R-O, Residential Office • 161.22 Community Services • 161.24 Urban Thoroughfare • 161.25 District C-3, Central Commercial • 161.26 Downtown Core • 161.27 Main Street/Center • 161.28 Downtown General • 161.32 District P-1, Institutional • 161.36 Urban Corridor • 161.37 Urban Neighborhood Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 162.01 Establishment/Listing by: 1) adding Unit 48 — Private Dormitories to the introductory table; 2) changing Dormitory under subsection (D) Unit 4 to "Institutional Dormitory"; 3) striking Dormitory under subsection (AA) Unit 26. Multi -Family Dwellings; and 4) enacting a new subsection (WW) for private dormitories as follows: "(WW) Unit 48. Private dormitories. Page 2 Ordinance: 6879 File Number: 2025-628 (1) Description. Unit 48 consists of uses related to facilities constructed for the purpose of housing students. (2) Included Uses. rivate dormitories Section 4: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 163.19 Private Dormitories as follows: "163.19 Private Dormitories Private Dormitories. Private Dormitories may be allowed as a conditional use where they are permitted subject to the following conditions: (A) Subject to Residential Parking Standards. Dormitories shall be subject to Section 172 — Parking and Loading and shall be subject to residential parking requirements. (B) Neighborhood Compatibility. General compatibility with adjacent properties and surrounding neighborhood will be measured by analyzing surrounding land uses, scale, neighborhood character, and concentration of other student -oriented developments. The ground level street frontage may be required to be designed for active ground floor uses that are not residential, such as civic, retail, restaurant, or working spaces. (C) Traffic and Infrastructure Impacts. The project developer shall provide a traffic and infrastructure impact assessment and management plan that demonstrates the project will not unreasonably burden street or transit networks and that the existing street, sidewalk, bike, and bus infrastructure is sufficient to support the proposed bedroom density per acre. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 164.11 Height or Setback Regulations; Exceptions and Home Protection Requirements by inserting "private dormitory" in the first sentence of subsection (C) following "new multifamily." Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 172.04 Standards for the Number of Spaces by Use by changing "College dormitory" to "Institutional dormitory" in Table 3, Public and Institutional Uses. Section 7: Emergency Clause: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because the University of Arkansas has increased enrollment from 17,269 students in fall 2004 to 33,610 students in fall 2024 while providing only approximately 6,200 beds on campus. As a result, large apartment buildings designed as private dormitories marketed to student occupants have become the private market response to the demand for additional student housing, the demand for which is expected to increase as student enrollment increases, which has created a need to define this new housing type in the city with associated zoning and development requirements. Furthermore, the redevelopment of existing neighborhoods may result in the loss of affordable housing and the displacement of current residents. Page 3 Ordinance: 6879 File Number: 2025-628 Therefore, passage of this ordinance is necessary for the public peace as well as the health and safety of Fayetteville residents and the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. Page 4 CivicClerk No.: 2025-628 AGENDA REQUEST FORM FOR: Council Meeting of May 20, 2025 FROM: Council Member Sarah Moore ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND § 151.01 DEFINITIONS, CHAPTER 161 ZONING REGULATIONS, § 162.01 ESTABLISHMENT/LISTING, § 164.11 HEIGHT OR SETBACK REGULATIONS; EXCEPTIONS AND HOME PROTECTION REQUIREMENTS; AND § 172.05 STANDARDS FOR THE NUMBER OF SPACES BY USE OF THE UNIFIED DEVELOPMENT CODE, AND TO ENACT § 163.19 PRIVATE DORMITORIES TO ESTABLISH REGULATIONS FOR PRIVATE DORMITORIES AS A NEW CONDITIONAL USE, AND TO DECLARE AN EMERGENCY APPROVED FOR AGENDA: Approved by email Council Member Sarah Moore 5� Z:e� Blake PenningtoW Approved as to form Mayor Moll Rawn Acknowledgement 5/8/25 Date 5/8/25 Date S-°-a-� Date 151.01 Definitions Dormitory, Institutional (zoning). A building or group of buildings designed or altered for the purpose of accommodating students or members of religious orders with sleeping quarters, with or without communal kitchen facilities, and administered by educational or religious institutions. Dormitory, Private (Zoning). A building or group of buildings not located on an academic or religious campus that provides housing for students of those institutions. Units generally consist of suites with shared living and cooking areas and three or more private bedrooms, each with its own bathroom. Private dormitories shall be treated as multi -family for the purpose of zoning and development regulations where it is not separately identified. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 1 of 47 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 1 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a I Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Side Single Rear Other Rear, from Uses & Two (2) Uses centerline Family of an alley A build -to zone that is None 5 feet 5 feet 12 feet located between the front property, line and a line 25 feet from the front property line. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 2 of 47 (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 3 of 47 161.13 District RMF-6, Residential Multi -Family —Six (6) Units Per Acre (A) Purpose. The RMF-6 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a low density that is appropriate to the area and can serve as a transition between higher densities and single-family residential areas. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 1 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 1 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre 16 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 50 feet Two (2) family 50 feet Three (3) family or more 90 feet Professional offices 100 feet (2) Lot Area Minimum. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 4 of 47 Manufactured home park 3 acres Lot within a Manufactured home park 4,200 square feet Townhouse: Individual lot 2,500 square feet Single-family 6,000 square feet Two (2) family 7,000 square feet Three (3) family or more 9,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acre (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 25 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 5 of 47 161.14 District RMF-12, Residential Multi -Family - Twelve (12) Units Per Acre (A) Purpose. The RMF-12 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a moderate density that is appropriate to the area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 1 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 1 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre 1 12 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single family 45 feet Two (2) family 45 feet Three (3) family or more 80 feet Professional offices 100 feet (2) Lot Area Minimum. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 6 of 47 Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouse: Individual lot 2,500 square feet Single-family 4,500 square feet Two (2) family 6,000 square feet Three (3) family or more 9,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet (E) Setback requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum buildable street frontage. 50% of the lot width. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 7 of 47 161.15 District RMF-18, Residential Multi -Family — Eighteen (18) Units Per Acre (A) Purpose. The RMF-18 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a medium density that is appropriate to the area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 1 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 1 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre I Eighteen (18) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 40 feet Two (2) family 40 feet Three (3) family or more 75 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 8 of 47 Lot within a manufactured home park 4,200 square feet Townhouse: Individual lot 2,500 square feet Single-family 4,000 square feet Two (2) family 5,000 square feet Three (3) family or more 7,500 square feet Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 9 of 47 161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 1 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 1 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre 124 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 35 feet Two (2) family 35 feet Three (3) family or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 13 acres (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 10 of 47 Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 3,000 square feet Two (2) family 4,000 square feet Three (3) family or more 7,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acres (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building Height Maximum 12 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 11 of 47 161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre (A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi- family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 1 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 1 Manufactured home park Unit 12a Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre Forty (40) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 30 feet Two (2) family 30 feet Three (3) family or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 13 acres (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 12 of 47 Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 2,500 square feet Two (2) family 3,000 square feet Three (3) family or more 1 7,000 square feet Fraternity or Sorority 1 1 acre (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet Fraternity of Sorority 500 square feet per resident (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building Height Maximum 12 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 13 of 47 161.18 NS-L, Neighborhood Services - Limited (A) Purpose. The NS-L Neighborhood Services - Limited district is designed to serve as a mixed use area of low intensity. Neighborhood Services promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a I Limited Business Unit 24 Home occupations 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 Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 1 Eating places Unit 15 Neighborhood shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities* Unit 45 Small scale production Unit 48 Private dormitories (C) Density. Units per acre Ten (10) or less (D) Bulk and Area. (1) Lot Width Minimum. Single-family 35 feet Two (2) family or more 35 feet Page 14 of 47 All other uses I None (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet of lot area per dwelling unit All other permitted and None conditional uses (E) Setback Regulations. Front: A build -to zone that is located between 10 and 25 feet from the front property line. Side 5 feet Rear 15 feet (F) Building Height Regulations. Building Height Maximum 13 stories (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot. Accessory ground mounted solar energy systems shall not be considered buildings. Page 15 of 47 161.19 NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12b General business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 1 Eating places Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities Unit 45 Small scale production Unit 48 Private dormitories (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet All other uses None (2) Lot Area Minimum. Page 16 of 47 Single-family 4,000 square feet Two (2) family or more 3,000 square feet per dwelling unit All other uses None (E) Setback regulations. Front Side Side -Zero Lot Line* Rear Rear when contiguous to a single-family residential district A build -to zone that is 5 feet A setback of less than 5 None 15 feet located between the feet (zero lot line) is front property line and a permitted on one line 25 feet from the interior side, provided a front property line. maintenance agreement is filed**. The remaining side setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 13 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. Page 17 of 47 161.20 District R-O, Residential Office (A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build -to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 12a Limited business Unit 25 Offices, studios, and related services Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 1 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park* Unit 13 1 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities* Unit 42 Clean technologies Unit 45 Small scale production Unit 48 Private dormitories (C) Density. Units per acre 124 or less (D) Bulk and Area Regulations. (Per dwelling unit for residential structures) (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 60 feet Two (2) family 60 feet Three (3) or more 90 feet Page 18 of 47 (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouses: Development 10,000 square feet Individual lot 2,500 square feet Single-family 6,000 square feet Two (2) family 6,500 square feet Three (3) or more 1 8,000 square feet Fraternity or Sorority 1 1 acre (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet Townhouses & apartments: No bedroom 1,000 square feet One bedroom 1,000 square feet Two (2) or more bedrooms 1 1,200 square feet Fraternity or Sorority 1 500 square feet per resident (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Front, in the Hillside Overlay District 15 feet Side 10 feet Side, when contiguous to a residential district 15 feet Side, in the Hillside Overlay District 8 feet Rear, without easement or alley 25 feet Rear, from center line of public alley 10 feet Rear, in the Hillside Overlay District 15 feet Urban Form 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 5 feet Side -zero lot line* A setback of less than 5 feet (zero lot line) is permitted on one (1) interior side, provided a maintenance agreement is Page 19 of 47 filed.** The remaining side setback(s) shall be 10 feet Rear None Rear when contiguous to a 15 feet single family residential district (F) Building Height Regulations. Building Height Maximum 15 stories If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. Page 20 of 47 161.22 Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood Shopping goods Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 1 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Unit 48 Private dormitories 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 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 1 Transportation, trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 42 Clean technologies Page 21 of 47 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) Setback regulations. Front: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to 15 feet a single-family residential district: (F) Building Height Regulations. Building Height Maximum 15 stories (G) Minimum Buildable Street Frontage.50% of the lot width. Page 22 of 47 161.24 Urban Thoroughfare (A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel and amusement services Unit 16 1 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor store Unit 40 Sidewalk cafes Unit 41 Accessory Dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 33 Adult live entertainment club or bar Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 23 of 47 Unit 38 Mini -storage units Unit 42 Clean technologies Unit 43 Animal boarding and training Unit 48 Private dormitories (C) Density. None (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family dwelling 18 feet All other dwellings None Non-residential None (2) Lot area minimum. None (E) Setback regulations. Front: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to 15 feet a single-family residential district: (F) Building Height Regulations. Building Height Maximum 5 stories/7 stories* * A building or a portion of a building that is located between 10 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of seven (7) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Minimum buildable street frontage. 50% of the lot width. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 24 of 47 161.25 District C-3, Central Commercial (A) Purpose. The Central Commercial District is designed to accommodate the commercial and related uses commonly found in the central business district, or regional shopping centers which provide a wide range of retail and personal service uses. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build -to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 17 Transportation trades and services Unit 28 Center for collecting recyclable materials Unit 29 1 Dance Halls Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Central Business District Shopping Center Front 5 feet 25 feet (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 25 of 47 Front, if parking is 50 feet 50 feet allowed between the right-of-way and the building Side None None Side, when 10 feet 25 feet contiguous to a residential district Rear, without 15 feet 25 feet easement or alley Rear, from center 10 feet 10 feet line of a public alley Urban Form 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 5 feet Rear, from center line of an alley 1 12 feet (F) Building Height Regulations. Building Height Maximum 5 stories/7 stories* * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (G) Urban form minimum buildable street frontage: 80% of the lot width. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 26 of 47 161.26 Downtown Core (A) Purpose. Development is most intense, and land use is densest in this zone. The downtown core is designed to accommodate the commercial, office, governmental, and related uses commonly found in the central downtown area which provides a wide range of retail, financial, professional office, and governmental office uses. For the purposes of Chapter 96: Noise Control, the Downtown Core district is a commercial zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 29 Dance Halls Unit 35 Outdoor music establishments Unit 36 1 Wireless communication facilities Unit 42 Clean technologies Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Page 27 of 47 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 1 12 feet (F) Minimum Buildable Street Frontage. 80% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories/14 stories* * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of fourteen (14) stories. Page 28 of 47 161.27 Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 41 1 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 42 Clean technologies Unit 48 Private dormitories Page 29 of 47 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 1 18 feet (2) Lot Area Minimum. None. (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 1 12 feet (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories/7 stories* * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. Page 30 of 47 161.28 Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 1 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 1 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. Page 31 of 47 (1) Lot Width Minimum. Dwelling (all unit types) 1 18 feet (2) Lot Area Minimum. None. (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 1 12 feet (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 15 stories Page 32 of 47 161.32 District P-1, Institutional (A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by public and religious institutions. Larger facilities and institutions may still use historical setback regulations, but public and religious institutions may also choose to use urban form with build -to zones and minimum buildable street frontage allowing administrative approval. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 12b General business Unit 20 Commercial recreation, large sites Unit 26 1 Multi -family dwellings Unit 36 Wireless communications facilities Unit 42 Clean technologies Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Side None Side, when contiguous to a residential district 15 feet Rear 20 feet Urban Form Setback Regulations Front A build -to -zone that is located between 10 feet and a line 25 feet from the front property line Side and rear None Side and rear, when 15 feet contiguous to a single- family residential district Page 33 of 47 (F) Building Height Regulations. Building Height Maximum 16 stories- * If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from side boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. Page 34 of 47 161.36 Urban Corridor (A) Purpose. The Urban Corridor District is designed to provide a mix of commercial uses and housing along corridors that provide multi -modal transportation options. The district encourages walkable commercial, residential, and mixed -use developments in urban form that enhance function, economic vitality, and appearance along major urban thoroughfares. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 10 Three- and Four -Family Dwellings Unit 13 Eating places Unit 14 Hotel, Motel, and Amusement Facilities Unit 16 Shopping Goods Unit 19 Commercial Recreation, Small Sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor Stores Unit 40 Sidewalk Cafes Unit 41 Accessory Dwellings Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of the above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 8 Single -Family Dwellings Unit 9 Two -Family Dwellings Unit 17 Transportation trades and services Unit 18 Gasoline Service Stations and Drive-Thru Restaurants Unit 20 Commercial Recreation, Large Sites Unit 21 Warehousing and Wholesale Unit 28 Center for Collecting Recyclable Materials Unit 29 Dance Halls Unit 32 Sexually Oriented Business Unit 35 Outdoor Music Establishments Unit 36 Wireless communication facilities Unit 38 Mini -Storage Units Unit 42 Clean Technologies Unit 43 Animal Boarding and Training Unit 44 1 Cluster Housing Development Page 35 of 47 Unit 48 1 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. None. (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 30 feet from the front property line. Side and rear: None Side or rear, when contiguous 15 feet to a single-family residential district: (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 18 stories Page 36 of 47 161.37 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 Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 12 feet All other uses None Page 37 of 47 (2) Lot Area Minimum. None. (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 1 12 feet (F) Building Height Regulations. Building Height Maximum 13 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. Page 38 of 47 162.01 Establishment/Listing The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall govern. Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 11 Manufactured home park Unit 12a Limited business Unit 12b General business Unit 13 Eating places Unit 14 Hotel, motel and amusement facilities Unit 15 Neighborhood shopping goods Unit 16 Shopping goods Unit 17 Transportation Trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 24 Home occupation Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 30 Extractive uses Unit 31 Facilities emitting odors & facilities handling explosives Unit 32 Sexually oriented business Unit 33 Adult live entertainment club or bar Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 37 Manufactured homes Unit 38 Mini -storage units Unit 39 1 Auto salvage and junk yards Page 39 of 47 Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 42 Clean technologies Unit 43 Animal boarding and training Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Unit 48 Private Dormitories (D) Unit 4. Cultural and Recreational Facilities. (1) Description. Unit 4 consists of cultural and recreational uses to serve the residents of the community. (2) Included Uses. Auditorium, stadium Art gallery, museum Cemetery Child care center, nursery school Church College or university Community center Crematorium Institutional Dormitory Eldercare Hospital Mausoleum Playfield, playground Private club or lodge School: • Elementary • Junior High • Senior High Swimming pool Tennis court Theater (legitimate) (AA) Unit 26. Multi -Family Dwellings. (1) Description. Unit 26 is provided in order that multi -family dwellings and more than four (4) attached units may be located in appropriate residential areas. (2) Included Uses. Apartments Convalescent home Fraternity/Sorority houses Multi -family attached dwellings Rooming/boarding house Townhouse, more than four (4) attached units Page 40 of 47 (WW) Unit 48. Private dormitories. (1) Description. Unit 48 consists of uses related to facilities constructed for the purpose of housing students. (2) Included Uses. Private dormitories Page 41 of 47 163.19 Private Dormitories Private Dormitories. Private Dormitories may be allowed as a conditional use where they are permitted subject to the following conditions: (A) Subject to Residential Parking Standards. Dormitories shall be subject to Section 172 — Parking and Loading and shall be subject to residential parking requirements. (B) High Quality Exterior Building Materials. Dormitories shall be required to be constructed of high -quality exterior building materials including but not limited to brick, stone, stucco, painted fiber cement, or metal. (C) Neighborhood Compatibility. General compatibility with adjacent properties and surrounding neighborhood will be measured by analyzing surrounding land uses, scale, neighborhood character, and concentration of other student -oriented developments. The ground level street frontage may be required to be designed for active ground floor uses that are not residential, such as civic, retail, restaurant, or working spaces. (D) Traffic and Infrastructure Impacts. The project developer shall provide a traffic and infrastructure impact assessment and management plan that demonstrates the project will not unreasonably burden street or transit networks and that the existing street, sidewalk, bike, and bus infrastructure is sufficient to support the proposed bedroom density per acre. If existing infrastructure is insufficient, the developer shall include in its plans such improvements as are required to provide a sufficient level of service. (E) Displacement Mitigation. If the proposed project would result in the demolition, conversion, or redevelopment of existing residential units, the applicant must submit a Displacement Mitigation Plan. This plan shall: (1) Describe the outreach strategy and relocation assistance offered to those tenants, including coordination with local housing services or nonprofits. (2) Disclose any modifications to leasing terms, or the anticipated activation of any early termination clauses. (3) Provide a plan for on -site replacement of displaced units — to the extent feasible —with housing of comparable bedroom count, unit size, and affordability. Page 42 of 47 164.11 Height Or Setback Regulations; Exceptions And Home Protection Requirements (A) Side Setbacks -Detached Single-family Units. In RI and all multi -family zoning districts that permit detached single-family units, side setbacks may be varied to permit zero lot line development patterns, subject to all applicable building and fire codes and the following standards. (1) The zero lot line allowance only applies to detached single-family homes. (2) The side setback opposite of the zero lot line shall be at least 10 feet. (3) At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the maintenance area. (B) Side Setbacks -Attached Townhouse Units. In zoning districts that permit two, three or other multi -family residential uses, side setbacks may be varied to permit common walls between single family attached/townhouse dwellings, subject to all applicable building and fire codes and the following standards: (1) The total number of dwelling units on the lot, prior to being subdivided into single family attached/townhouse lots, shall conform to the minimum bulk and area requirements of the underlying zoning district. (2) The townhouse development shall conform to the zoning district density, exterior setback requirements, height regulations and all other applicable city ordinances. (3) There shall be a minimum lot width of 18 feet for each dwelling unit. (4) There shall be no minimum lot area requirement unless otherwise specified by the underlying zoning district. (C) Home Protection Requirements. Regardless of any other setback or build -to zone regulations, new multifamily, private dormitory, commercial, office, parking deck, or mixed use construction exceeding 24 feet in height which adjoins or abuts a single family home being used primarily as a single family residence within the Downtown General or Main Street Center Zoning Districts must at a minimum be set back from the side or rear adjoining property line at least 15 feet. The maximum height of the new building from the 15-foot setback shall be 36-feet for an additional 15-foot stepback from the residence's property line. These setback and stepback requirements are minimums so that, if larger setbacks or stepbacks are required by other zoning laws, the larger setback/stepbacks are controlling. (D) The height limitations contained in the Zoning Regulation, Chapter 161, do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Page 43 of 47 172.05 Standards For The Number Of Spaces By Use (A) Required Parking. (1) Non -Residential Use. There shall be no minimum number of spaces required for non-residential use. The maximum number of spaces shall be limited based on the ratios in Table 3 and the allowable increases over the baseline ratio as described in subsection 172.05. The applicant shall provide a statement or parking analysis indicating how they will provide adequate parking for the proposed non- residential use to succeed without negatively impacting adjacent properties or creating or compounding a dangerous traffic condition. (2) Residential. The minimum and maximum number of spaces required for residential use shall conform to the parking ratios listed in Table 3. The minimum and maximum number of spaces required for a use not specifically included in this section shall be as required for the most similar use listed or as otherwise determined by the Planning Division utilizing reference standards. (a) Reductions for Residential Use. Residential uses may utilize the following reductions to the minimum number required off-street parking ratios listed in Table 3 when the following standards are met: (i) Transit Stops. Properties located within a % mile radius of a transit stop may further reduce the minimum off-street parking requirements by up to 15%. (ii) Motorcycle and Scooter Spaces. Up to 10% of the required automobile parking spaces may be substituted with motorcycle/scooter parking at a rate of one (1) motorcycle/scooter space for one (1) automobile space. (iii) Bike Racks. Up to 10% of required automobile parking may be substituted with bicycle parking at a rate of one (1) additional bicycle rack for one (1) automobile space. This reduction shall be allowed in addition to other variances, reductions and shared parking agreements. (iv) Shared Parking. Parking requirements may be shared where it can be determined that the peak parking demand of the existing or proposed occupancy occur at different times (either daily or seasonally). Such arrangements are subject to the approval of the Planning Commission. (1) Shared Parking Between Developments. Formal arrangements that share parking between intermittent uses with non -conflicting parking demands (e.g. a church and a bank) are encouraged as a means to reduce the amount of parking required. (2) Shared Parking Agreements. If a privately owned parking facility is to serve two (2) or more separate properties, then a "Shared Parking Agreement" is to be filed with the city for consideration by the Planning Commission. (3) Shared Spaces. Individual spaces identified on a site plan for shared users shall not be shared by more than one (1) user at the same time. (3) Maximum Number Allowed for Residential and Non -Residential Uses. Residential and non-residential developments may utilize the following increases to the required spaces listed in Table 3 when the following standards are met: (a) Developments may increase the number of off-street parking spaces by 15% above the parking ratios listed in Table 3. (b) Developments may increase the number of off-street parking spaces by an additional 10% when alternative stormwater treatment techniques are utilized, such as: Page 44 of 47 (i) Bioswales (ii) Constructed wetlands (iii) Pervious pavement (iv) Other such techniques that aid in improving water quality and quantity as approved by the City Engineer (c) Developments may increase the number of off-street parking spaces by an additional 5% when one (1), 2-inch caliper tree for every ten (10) additional parking spaces is planted on -site in addition to all other landscaping requirements. (4) Parking Ratio Calculation. The number of spaces required for a use not specifically included in Table 3 shall be as required for the most similar use listed or as otherwise determined by the City Planning Division utilizing industry standards. For all parking space requirements resulting in a fraction, the fraction shall be: (a) Rounded to the next higher whole number when the fraction is 0.5 or higher. (b) Rounded to the next lower whole number when the fraction is less than 0.5. (5) On -Street Parking. Each permitted on -street parking space adjacent to a project frontage may count toward the parking requirements for all development. The approval of on -street parking is subject to approval by the Zoning and Development Administrator. (6) Motorcycle and Scooter Parking. One (1) Motorcycle and scooter parking. In parking lots containing twenty-five (25) parking spaces or more, one (1) space for every twenty-five (25) parking spaces of the required number of parking spaces for a use or combination of uses shall be striped as a motorcycle and scooter parking space. (7) Increases or reductions in excess of those identified herein shall be allowed only by the Planning Commission as a variance and shall be granted in accordance with Chapter 156.03 TABLE 3 PARKING RATIOS (Use/Required Spaces) Residential Single-family, duplex, triplex 2 per dwelling unit Multi -family or townhouse 1 per bedroom Commercial Agricultural supply 1 per 500 sq. ft. of GFA Amusement 1 per 200 sq. ft. of GFA Auditorium 1 per 4 seats Auto/motorcycle service stations 4 per each enclosed service bay Bank 1 per 200 sq. ft. of GFA Barber or beauty shop 2 per chair Building/home improvement supply 1 per 500 sq. ft. of GFA Coin -operated laundry 1 per 3 machines Dry cleaning 1 per 300 sq. ft. of retail area and 1 per employee Hotels and motels 1 per guest room, plus 75% of spaces required for accessory uses. Page 45 of 47 Furniture and carpet store 1 per 500 sq. ft. of GFA Plant nursery 1 per 1,000 sq. ft of indoor/outdoor retail area Restaurants 1 per 100 sq. ft. GFA plus 4 stacking spaces per drive-thru window. Retail 1 per 250 sq. ft. of GFA Retail fuel sales with convenience stores 1 per 250 sq. ft. of retail floor area. Owner may count spaces at pump islands as parking spaces. Retail fuel sales only 1 per employee. Owner may count spaces at pump islands as parking spaces. Office Medical/Dental office 1 per 250 sq. ft. of GFA Professional office 1 per 300 sq. ft. of GFA Sales office 1 per 200 sq. ft. of GFA Public and Institutional Uses Nonprofit Commercial Art gallery, library, museum 1 per 1,000 sq. ft. of GFA Auditorium 1 per 4 seats, provided only auditorium space is counted in determining parking Child care center, nursery school 1 per employee plus on -site loading and unloading spaces at a rate of 1 per 10 children accommodated Church/religious institution 1 per 4 seats in the main auditorium or 1 per 40 sq. ft. of assembly area, whichever provides more spaces College auditorium 1 per 4 seats Institutional dormitory 1 per sleeping room College or university 1 per 500 sq. ft. of classroom area Community center 1 per 250 sq. ft. of GFA Cooperative housing 1 per 2 occupants Convalescent home, assisted living, nursing home 1 per 2 beds Detention home 1 per 1,500 sq. ft. of GFA Elderly Housing 1 per 2 units Funeral homes 1 per 4 seats in main chapel plus 1 per 2 employees plus 1 reserved for each vehicle used in connection with the business Government facilities 1 per 500 square feet of floor area Hospital 1 per bed Convalescent home 1 per bed School —elementary and junior high 1 per employee plus 1 space per classroom Page 46 of 47 School —senior high 1 per employee plus 1 per 3 students based on design capacity, or 1 per 6 seats in auditorium or other places of assembly, whichever is greater Zoo 1 per 2,000 sq. ft. of land area All other public and institutional uses 1 per 4 occupants (only auditorium space shall be counted for churches, auditoriums, or group occupancy space) Manufacturing/Industrial Manufacturing 1 per 1,200 sq. ft. of GFA or one per employee, whichever is greater Heavy industrial 1 per 1,200 sq. ft. of GFA Extractive uses Adequate for all employees, trucks, and equipment Recreational Uses Amusement park, miniature golf 1 per 1,000 sq. ft. of site area Bowling alley 6 per lane Commercial recreation 1 per 200 sq. ft. of GFA Commercial recreation -large sites 1 per 1,000 sq. ft. of site area Dance hall, bar or tavern 1 per 50 sq. ft. of GFA, excluding kitchen Golf course 3 per hole Golf driving range 1 per tee box Health club, gym 1 per 150 sq. ft. of GFA Regional or community park 2 per acre of accessible active and passive space Neighborhood park None Private club or lodge 1 per 500 sq. ft. of GFA or 1 per 3 occupants based on the current adopted Standard Building Code whichever is greater Riding stable 1 per acre; not required to be paved Tennis court 2 per court Theater 1 per 4 seats All other recreational uses 1 per 4 occupants Warehousing and Wholesale Warehousing 1 per 2,000 sq. ft. of GFA Wholesale 1 per 1,000 sq. ft. of GFA Center for collecting recycled materials 1 per 1,000 sq. ft. of GFA Page 47 of 47 151.01 Definitions Dormitory, Institutional (zoning). A building or group of buildings designed or altered for the purpose of accommodating students or members of religious orders with sleeping quarters, with or without communal kitchen facilities, and administered by educational or religious institutions. Dormitory, Private (Zoning). A building or group of buildings not located on an academic or religious campus that provides housing for students of those institutions. Units generally consist of suites with shared living and cooking areas and three or more private bedrooms, each with its own bathroom. Private dormitories shall be treated as multi -family for the purpose of zoning and development regulations where it is not separately identified. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 1 of 47 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 1 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a I Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Side Single Rear Other Rear, from Uses & Two (2) Uses centerline Family of an alley A build -to zone that is None 5 feet 5 feet 12 feet located between the front property, line and a line 25 feet from the front property line. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 2 of 47 (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 3 of 47 161.13 District RMF-6, Residential Multi -Family —Six (6) Units Per Acre (A) Purpose. The RMF-6 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a low density that is appropriate to the area and can serve as a transition between higher densities and single-family residential areas. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 1 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 1 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre 16 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 50 feet Two (2) family 50 feet Three (3) family or more 90 feet Professional offices 100 feet (2) Lot Area Minimum. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 4 of 47 Manufactured home park 3 acres Lot within a Manufactured home park 4,200 square feet Townhouse: Individual lot 2,500 square feet Single-family 6,000 square feet Two (2) family 7,000 square feet Three (3) family or more 9,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acre (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 25 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 5 of 47 161.14 District RMF-12, Residential Multi -Family - Twelve (12) Units Per Acre (A) Purpose. The RMF-12 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a moderate density that is appropriate to the area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 1 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 1 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre 1 12 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single family 45 feet Two (2) family 45 feet Three (3) family or more 80 feet Professional offices 100 feet (2) Lot Area Minimum. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 6 of 47 Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouse: Individual lot 2,500 square feet Single-family 4,500 square feet Two (2) family 6,000 square feet Three (3) family or more 9,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet (E) Setback requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum buildable street frontage. 50% of the lot width. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 7 of 47 161.15 District RMF-18, Residential Multi -Family — Eighteen (18) Units Per Acre (A) Purpose. The RMF-18 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a medium density that is appropriate to the area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 1 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 1 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre I Eighteen (18) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 40 feet Two (2) family 40 feet Three (3) family or more 75 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 8 of 47 Lot within a manufactured home park 4,200 square feet Townhouse: Individual lot 2,500 square feet Single-family 4,000 square feet Two (2) family 5,000 square feet Three (3) family or more 7,500 square feet Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 9 of 47 161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 1 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 1 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre 124 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 35 feet Two (2) family 35 feet Three (3) family or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 13 acres (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 10 of 47 Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 3,000 square feet Two (2) family 4,000 square feet Three (3) family or more 7,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acres (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building Height Maximum 12 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 11 of 47 161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre (A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi- family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 1 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 1 Manufactured home park Unit 12a Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre Forty (40) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 30 feet Two (2) family 30 feet Three (3) family or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 13 acres (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 12 of 47 Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 2,500 square feet Two (2) family 3,000 square feet Three (3) family or more 1 7,000 square feet Fraternity or Sorority 1 1 acre (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet Fraternity of Sorority 500 square feet per resident (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building Height Maximum 12 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 13 of 47 161.18 NS-L, Neighborhood Services - Limited (A) Purpose. The NS-L Neighborhood Services - Limited district is designed to serve as a mixed use area of low intensity. Neighborhood Services promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a I Limited Business Unit 24 Home occupations 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 Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 1 Eating places Unit 15 Neighborhood shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities* Unit 45 Small scale production Unit 48 Private dormitories (C) Density. Units per acre Ten (10) or less (D) Bulk and Area. (1) Lot Width Minimum. Single-family 35 feet Two (2) family or more 35 feet Page 14 of 47 All other uses I None (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet of lot area per dwelling unit All other permitted and None conditional uses (E) Setback Regulations. Front: A build -to zone that is located between 10 and 25 feet from the front property line. Side 5 feet Rear 15 feet (F) Building Height Regulations. Building Height Maximum 13 stories (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot. Accessory ground mounted solar energy systems shall not be considered buildings. Page 15 of 47 161.19 NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12b General business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 1 Eating places Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities Unit 45 Small scale production Unit 48 Private dormitories (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet All other uses None (2) Lot Area Minimum. Page 16 of 47 Single-family 4,000 square feet Two (2) family or more 3,000 square feet per dwelling unit All other uses None (E) Setback regulations. Front Side Side -Zero Lot Line* Rear Rear when contiguous to a single-family residential district A build -to zone that is 5 feet A setback of less than 5 None 15 feet located between the feet (zero lot line) is front property line and a permitted on one line 25 feet from the interior side, provided a front property line. maintenance agreement is filed**. The remaining side setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 13 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. Page 17 of 47 161.20 District R-O, Residential Office (A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build -to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 12a Limited business Unit 25 Offices, studios, and related services Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 1 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park* Unit 13 1 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities* Unit 42 Clean technologies Unit 45 Small scale production Unit 48 Private dormitories (C) Density. Units per acre 124 or less (D) Bulk and Area Regulations. (Per dwelling unit for residential structures) (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 60 feet Two (2) family 60 feet Three (3) or more 90 feet Page 18 of 47 (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouses: Development 10,000 square feet Individual lot 2,500 square feet Single-family 6,000 square feet Two (2) family 6,500 square feet Three (3) or more 1 8,000 square feet Fraternity or Sorority 1 1 acre (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet Townhouses & apartments: No bedroom 1,000 square feet One bedroom 1,000 square feet Two (2) or more bedrooms 1 1,200 square feet Fraternity or Sorority 1 500 square feet per resident (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Front, in the Hillside Overlay District 15 feet Side 10 feet Side, when contiguous to a residential district 15 feet Side, in the Hillside Overlay District 8 feet Rear, without easement or alley 25 feet Rear, from center line of public alley 10 feet Rear, in the Hillside Overlay District 15 feet Urban Form 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 5 feet Side -zero lot line* A setback of less than 5 feet (zero lot line) is permitted on one (1) interior side, provided a maintenance agreement is Page 19 of 47 filed.** The remaining side setback(s) shall be 10 feet Rear None Rear when contiguous to a 15 feet single family residential district (F) Building Height Regulations. Building Height Maximum 15 stories If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. Page 20 of 47 161.22 Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood Shopping goods Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 1 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Unit 48 Private dormitories 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 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 1 Transportation, trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 42 Clean technologies Page 21 of 47 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) Setback regulations. Front: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to 15 feet a single-family residential district: (F) Building Height Regulations. Building Height Maximum 15 stories (G) Minimum Buildable Street Frontage.50% of the lot width. Page 22 of 47 161.24 Urban Thoroughfare (A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel and amusement services Unit 16 1 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor store Unit 40 Sidewalk cafes Unit 41 Accessory Dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 33 Adult live entertainment club or bar Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 23 of 47 Unit 38 Mini -storage units Unit 42 Clean technologies Unit 43 Animal boarding and training Unit 48 Private dormitories (C) Density. None (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family dwelling 18 feet All other dwellings None Non-residential None (2) Lot area minimum. None (E) Setback regulations. Front: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to 15 feet a single-family residential district: (F) Building Height Regulations. Building Height Maximum 5 stories/7 stories* * A building or a portion of a building that is located between 10 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of seven (7) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Minimum buildable street frontage. 50% of the lot width. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 24 of 47 161.25 District C-3, Central Commercial (A) Purpose. The Central Commercial District is designed to accommodate the commercial and related uses commonly found in the central business district, or regional shopping centers which provide a wide range of retail and personal service uses. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build -to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 17 Transportation trades and services Unit 28 Center for collecting recyclable materials Unit 29 1 Dance Halls Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Central Business District Shopping Center Front 5 feet 25 feet (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 25 of 47 Front, if parking is 50 feet 50 feet allowed between the right-of-way and the building Side None None Side, when 10 feet 25 feet contiguous to a residential district Rear, without 15 feet 25 feet easement or alley Rear, from center 10 feet 10 feet line of a public alley Urban Form 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 5 feet Rear, from center line of an alley 1 12 feet (F) Building Height Regulations. Building Height Maximum 5 stories/7 stories* * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (G) Urban form minimum buildable street frontage: 80% of the lot width. (Supp. No. 36) Created: 2025-03-27 11:36:15 [EST] Page 26 of 47 161.26 Downtown Core (A) Purpose. Development is most intense, and land use is densest in this zone. The downtown core is designed to accommodate the commercial, office, governmental, and related uses commonly found in the central downtown area which provides a wide range of retail, financial, professional office, and governmental office uses. For the purposes of Chapter 96: Noise Control, the Downtown Core district is a commercial zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 29 Dance Halls Unit 35 Outdoor music establishments Unit 36 1 Wireless communication facilities Unit 42 Clean technologies Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Page 27 of 47 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 1 12 feet (F) Minimum Buildable Street Frontage. 80% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories/14 stories* * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of fourteen (14) stories. Page 28 of 47 161.27 Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 41 1 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 42 Clean technologies Unit 48 Private dormitories Page 29 of 47 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 1 18 feet (2) Lot Area Minimum. None. (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 1 12 feet (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories/7 stories* * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. Page 30 of 47 161.28 Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 1 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 1 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. Page 31 of 47 (1) Lot Width Minimum. Dwelling (all unit types) 1 18 feet (2) Lot Area Minimum. None. (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 1 12 feet (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 15 stories Page 32 of 47 161.32 District P-1, Institutional (A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by public and religious institutions. Larger facilities and institutions may still use historical setback regulations, but public and religious institutions may also choose to use urban form with build -to zones and minimum buildable street frontage allowing administrative approval. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 12b General business Unit 20 Commercial recreation, large sites Unit 26 1 Multi -family dwellings Unit 36 Wireless communications facilities Unit 42 Clean technologies Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Side None Side, when contiguous to a residential district 15 feet Rear 20 feet Urban Form Setback Regulations Front A build -to -zone that is located between 10 feet and a line 25 feet from the front property line Side and rear None Side and rear, when 15 feet contiguous to a single- family residential district Page 33 of 47 (F) Building Height Regulations. Building Height Maximum 16 stories- * If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from side boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. Page 34 of 47 161.36 Urban Corridor (A) Purpose. The Urban Corridor District is designed to provide a mix of commercial uses and housing along corridors that provide multi -modal transportation options. The district encourages walkable commercial, residential, and mixed -use developments in urban form that enhance function, economic vitality, and appearance along major urban thoroughfares. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 10 Three- and Four -Family Dwellings Unit 13 Eating places Unit 14 Hotel, Motel, and Amusement Facilities Unit 16 Shopping Goods Unit 19 Commercial Recreation, Small Sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor Stores Unit 40 Sidewalk Cafes Unit 41 Accessory Dwellings Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of the above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 8 Single -Family Dwellings Unit 9 Two -Family Dwellings Unit 17 Transportation trades and services Unit 18 Gasoline Service Stations and Drive-Thru Restaurants Unit 20 Commercial Recreation, Large Sites Unit 21 Warehousing and Wholesale Unit 28 Center for Collecting Recyclable Materials Unit 29 Dance Halls Unit 32 Sexually Oriented Business Unit 35 Outdoor Music Establishments Unit 36 Wireless communication facilities Unit 38 Mini -Storage Units Unit 42 Clean Technologies Unit 43 Animal Boarding and Training Unit 44 1 Cluster Housing Development Page 35 of 47 Unit 48 1 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. None. (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 30 feet from the front property line. Side and rear: None Side or rear, when contiguous 15 feet to a single-family residential district: (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 18 stories Page 36 of 47 161.37 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 Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 12 feet All other uses None Page 37 of 47 (2) Lot Area Minimum. None. (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 1 12 feet (F) Building Height Regulations. Building Height Maximum 13 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. Page 38 of 47 162.01 Establishment/Listing The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall govern. Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 11 Manufactured home park Unit 12a Limited business Unit 12b General business Unit 13 Eating places Unit 14 Hotel, motel and amusement facilities Unit 15 Neighborhood shopping goods Unit 16 Shopping goods Unit 17 Transportation Trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 24 Home occupation Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 30 Extractive uses Unit 31 Facilities emitting odors & facilities handling explosives Unit 32 Sexually oriented business Unit 33 Adult live entertainment club or bar Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 37 Manufactured homes Unit 38 Mini -storage units Unit 39 1 Auto salvage and junk yards Page 39 of 47 Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 42 Clean technologies Unit 43 Animal boarding and training Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Un' Private Dormitories (D) Unit 4. Cultural and Recreational Facilities. (1) Description. Unit 4 consists of cultural and recreational uses to serve the residents of the community. (2) Included Uses. Auditorium, stadium Art gallery, museum Cemetery Child care center, nursery school Church College or university Community center Crematorium Institutional Dormitory Eldercare Hospital Mausoleum Playfield, playground Private club or lodge School: • Elementary • Junior High • Senior High Swimming pool Tennis court Theater (legitimate) (AA) Unit 26. Multi -Family Dwellings. (1) Description. Unit 26 is provided in order that multi -family dwellings and more than four (4) attached units may be located in appropriate residential areas. (2) Included Uses. Apartments Convalescent home DA-rm.itar y Fraternity/Sorority houses Multi -family attached dwellings Rooming/boarding house Townhouse, more than four (4) attached units Page 40 of 47 (WW) Unit 48. Private dormitories. lotion. Unit 48 consists of uses related to facilities constructed for the auraose of housi students. (2) Included Uses. Private dormitories Page 41 of 47 163.19 Private Dormitories Private Dormitories. Private Dormitories may be allowed as a conditional use where they are permitted subject to the following conditions: (A) Subiect to Residential Parking Standards. Dormitories shall be subject to Section 172 — Parking and Loading and shall be subject to residential parking requirements. (B) High Quality Exterior Building Materials. Dormitories shall be required to be constructed of high -quality exterior building materials including but not limited to brick, stone, stucco, painted fiber cement, or metal. (C) Neighborhood Compatibility. General compatibility with adjacent properties and surrounding neighborhood will be measured by analyzing surrounding land uses, scale, neighborhood character, and concentration of other student -oriented developments. The ground level street frontage may be required to be designed for active ground floor uses that are not residential, such as civic, retail, restaurant, or working spaces. (D) Traffic and Infrastructure Impacts. The project developer shall provide a traffic and infrastructure impact assessment and management plan that demonstrates the project will not unreasonably burden street or transit networks and that the existing street, sidewalk, bike, and bus infrastructure is sufficient to support the proposed bedroom density per acre. If existing infrastructure is insufficient, the developer shall include in its plans such improvements as are required to provide a sufficient level of service. (E) Displacement Mitigation. If the proposed proiect would result in the demolition, conversion, or redevelopment of existing residential units, the applicant must submit a Displacement Mitigation Plan. This plan shall: (1) Describe the outreach strategy and relocation assistance offered to those tenants, including coordination with local housine services or nonprofits. (2) Disclose any modifications to leasing terms, or the anticipated activation of any early termination clauses. (3) Provide a plan for on -site replacement of displaced units — to the extent feasible —with housing of comparable bedroom count, unit size, and affordability. Page 42 of 47 164.11 Height Or Setback Regulations; Exceptions And Home Protection Requirements (A) Side Setbacks -Detached Single-family Units. In RI and all multi -family zoning districts that permit detached single-family units, side setbacks may be varied to permit zero lot line development patterns, subject to all applicable building and fire codes and the following standards. (1) The zero lot line allowance only applies to detached single-family homes. (2) The side setback opposite of the zero lot line shall be at least 10 feet. (3) At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the maintenance area. (B) Side Setbacks -Attached Townhouse Units. In zoning districts that permit two, three or other multi -family residential uses, side setbacks may be varied to permit common walls between single family attached/townhouse dwellings, subject to all applicable building and fire codes and the following standards: (1) The total number of dwelling units on the lot, prior to being subdivided into single family attached/townhouse lots, shall conform to the minimum bulk and area requirements of the underlying zoning district. (2) The townhouse development shall conform to the zoning district density, exterior setback requirements, height regulations and all other applicable city ordinances. (3) There shall be a minimum lot width of 18 feet for each dwelling unit. (4) There shall be no minimum lot area requirement unless otherwise specified by the underlying zoning district. (C) Home Protection Requirements. Regardless of any other setback or build -to zone regulations, new multifamily, private dormitory, commercial, office, parking deck, or mixed use construction exceeding 24 feet in height which adjoins or abuts a single family home being used primarily as a single family residence within the Downtown General or Main Street Center Zoning Districts must at a minimum be set back from the side or rear adjoining property line at least 15 feet. The maximum height of the new building from the 15-foot setback shall be 36-feet for an additional 15-foot stepback from the residence's property line. These setback and stepback requirements are minimums so that, if larger setbacks or stepbacks are required by other zoning laws, the larger setback/stepbacks are controlling. (D) The height limitations contained in the Zoning Regulation, Chapter 161, do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Page 43 of 47 172.05 Standards For The Number Of Spaces By Use (A) Required Parking. (1) Non -Residential Use. There shall be no minimum number of spaces required for non-residential use. The maximum number of spaces shall be limited based on the ratios in Table 3 and the allowable increases over the baseline ratio as described in subsection 172.05. The applicant shall provide a statement or parking analysis indicating how they will provide adequate parking for the proposed non- residential use to succeed without negatively impacting adjacent properties or creating or compounding a dangerous traffic condition. (2) Residential. The minimum and maximum number of spaces required for residential use shall conform to the parking ratios listed in Table 3. The minimum and maximum number of spaces required for a use not specifically included in this section shall be as required for the most similar use listed or as otherwise determined by the Planning Division utilizing reference standards. (a) Reductions for Residential Use. Residential uses may utilize the following reductions to the minimum number required off-street parking ratios listed in Table 3 when the following standards are met: (i) Transit Stops. Properties located within a % mile radius of a transit stop may further reduce the minimum off-street parking requirements by up to 15%. (ii) Motorcycle and Scooter Spaces. Up to 10% of the required automobile parking spaces may be substituted with motorcycle/scooter parking at a rate of one (1) motorcycle/scooter space for one (1) automobile space. (iii) Bike Racks. Up to 10% of required automobile parking may be substituted with bicycle parking at a rate of one (1) additional bicycle rack for one (1) automobile space. This reduction shall be allowed in addition to other variances, reductions and shared parking agreements. (iv) Shared Parking. Parking requirements may be shared where it can be determined that the peak parking demand of the existing or proposed occupancy occur at different times (either daily or seasonally). Such arrangements are subject to the approval of the Planning Commission. (1) Shared Parking Between Developments. Formal arrangements that share parking between intermittent uses with non -conflicting parking demands (e.g. a church and a bank) are encouraged as a means to reduce the amount of parking required. (2) Shared Parking Agreements. If a privately owned parking facility is to serve two (2) or more separate properties, then a "Shared Parking Agreement" is to be filed with the city for consideration by the Planning Commission. (3) Shared Spaces. Individual spaces identified on a site plan for shared users shall not be shared by more than one (1) user at the same time. (3) Maximum Number Allowed for Residential and Non -Residential Uses. Residential and non-residential developments may utilize the following increases to the required spaces listed in Table 3 when the following standards are met: (a) Developments may increase the number of off-street parking spaces by 15% above the parking ratios listed in Table 3. (b) Developments may increase the number of off-street parking spaces by an additional 10% when alternative stormwater treatment techniques are utilized, such as: Page 44 of 47 (i) Bioswales (ii) Constructed wetlands (iii) Pervious pavement (iv) Other such techniques that aid in improving water quality and quantity as approved by the City Engineer (c) Developments may increase the number of off-street parking spaces by an additional 5% when one (1), 2-inch caliper tree for every ten (10) additional parking spaces is planted on -site in addition to all other landscaping requirements. (4) Parking Ratio Calculation. The number of spaces required for a use not specifically included in Table 3 shall be as required for the most similar use listed or as otherwise determined by the City Planning Division utilizing industry standards. For all parking space requirements resulting in a fraction, the fraction shall be: (a) Rounded to the next higher whole number when the fraction is 0.5 or higher. (b) Rounded to the next lower whole number when the fraction is less than 0.5. (5) On -Street Parking. Each permitted on -street parking space adjacent to a project frontage may count toward the parking requirements for all development. The approval of on -street parking is subject to approval by the Zoning and Development Administrator. (6) Motorcycle and Scooter Parking. One (1) Motorcycle and scooter parking. In parking lots containing twenty-five (25) parking spaces or more, one (1) space for every twenty-five (25) parking spaces of the required number of parking spaces for a use or combination of uses shall be striped as a motorcycle and scooter parking space. (7) Increases or reductions in excess of those identified herein shall be allowed only by the Planning Commission as a variance and shall be granted in accordance with Chapter 156.03 TABLE 3 PARKING RATIOS (Use/Required Spaces) Residential Single-family, duplex, triplex 2 per dwelling unit Multi -family or townhouse 1 per bedroom Commercial Agricultural supply 1 per 500 sq. ft. of GFA Amusement 1 per 200 sq. ft. of GFA Auditorium 1 per 4 seats Auto/motorcycle service stations 4 per each enclosed service bay Bank 1 per 200 sq. ft. of GFA Barber or beauty shop 2 per chair Building/home improvement supply 1 per 500 sq. ft. of GFA Coin -operated laundry 1 per 3 machines Dry cleaning 1 per 300 sq. ft. of retail area and 1 per employee Hotels and motels 1 per guest room, plus 75% of spaces required for accessory uses. Page 45 of 47 Furniture and carpet store 1 per 500 sq. ft. of GFA Plant nursery 1 per 1,000 sq. ft of indoor/outdoor retail area Restaurants 1 per 100 sq. ft. GFA plus 4 stacking spaces per drive-thru window. Retail 1 per 250 sq. ft. of GFA Retail fuel sales with convenience stores 1 per 250 sq. ft. of retail floor area. Owner may count spaces at pump islands as parking spaces. Retail fuel sales only 1 per employee. Owner may count spaces at pump islands as parking spaces. Office Medical/Dental office 1 per 250 sq. ft. of GFA Professional office 1 per 300 sq. ft. of GFA Sales office 1 per 200 sq. ft. of GFA Public and Institutional Uses Nonprofit Commercial Art gallery, library, museum 1 per 1,000 sq. ft. of GFA Auditorium 1 per 4 seats, provided only auditorium space is counted in determining parking Child care center, nursery school 1 per employee plus on -site loading and unloading spaces at a rate of 1 per 10 children accommodated Church/religious institution 1 per 4 seats in the main auditorium or 1 per 40 sq. ft. of assembly area, whichever provides more spaces College auditorium 1 per 4 seats C-e- g lnstitutional dormitory 1 per sleeping room College or university 1 per 500 sq. ft. of classroom area Community center 1 per 250 sq. ft. of GFA Cooperative housing 1 per 2 occupants Convalescent home, assisted living, nursing home 1 per 2 beds Detention home 1 per 1,500 sq. ft. of GFA Elderly Housing 1 per 2 units Funeral homes 1 per 4 seats in main chapel plus 1 per 2 employees plus 1 reserved for each vehicle used in connection with the business Government facilities 1 per 500 square feet of floor area Hospital 1 per bed Convalescent home 1 per bed School —elementary and junior high 1 per employee plus 1 space per classroom Page 46 of 47 School —senior high 1 per employee plus 1 per 3 students based on design capacity, or 1 per 6 seats in auditorium or other places of assembly, whichever is greater Zoo 1 per 2,000 sq. ft. of land area All other public and institutional uses 1 per 4 occupants (only auditorium space shall be counted for churches, auditoriums, or group occupancy space) Manufacturing/Industrial Manufacturing 1 per 1,200 sq. ft. of GFA or one per employee, whichever is greater Heavy industrial 1 per 1,200 sq. ft. of GFA Extractive uses Adequate for all employees, trucks, and equipment Recreational Uses Amusement park, miniature golf 1 per 1,000 sq. ft. of site area Bowling alley 6 per lane Commercial recreation 1 per 200 sq. ft. of GFA Commercial recreation -large sites 1 per 1,000 sq. ft. of site area Dance hall, bar or tavern 1 per 50 sq. ft. of GFA, excluding kitchen Golf course 3 per hole Golf driving range 1 per tee box Health club, gym 1 per 150 sq. ft. of GFA Regional or community park 2 per acre of accessible active and passive space Neighborhood park None Private club or lodge 1 per 500 sq. ft. of GFA or 1 per 3 occupants based on the current adopted Standard Building Code whichever is greater Riding stable 1 per acre; not required to be paved Tennis court 2 per court Theater 1 per 4 seats All other recreational uses 1 per 4 occupants Warehousing and Wholesale Warehousing 1 per 2,000 sq. ft. of GFA Wholesale 1 per 1,000 sq. ft. of GFA Center for collecting recycled materials 1 per 1,000 sq. ft. of GFA Page 47 of 47 Received from Council Member Sarah Moore on 5/13/2025 at 4:06pm n n n Private Dormitories Proposed Conditional Use Unit -Definition, Zones, Conditions: City of Fayetteville May 13, 2025 Purpose Built Student Housing Concerns Expressed over Past Months • • n • • Large apartment buildings designed as private dormitories create disproportionate burden to existing neighborhoods they join Redevelopment of existing neighborhoods resulting in the loss of affordable housing and/or the displacement of residents Large apartment buildings designed as private dormitories and marketed to student occupants have become the private market response to the demand for additional student housing with little to no other multifamily types being pursued despite the declared housing crisis and results of the latest April housing report from city staff Parking ordinance- most often cited were large developments for students concern of how these projects are parked Current city code not effective in managing resident concerns raised Ti HR-- I I CITY OF .� F.T-'-' VILL t ARKANSAS Crossroads of Current Development Pattern • Student growth driving market response to this use without a specific regulation in code to respond to this use Student Enrollment Vs. Housing Units 2012-2030 5.5% 45,000 Annual deb. st�O Increase 40,000 35,000 30,000 25,000 20,000 15,000 10,000 ■ . ' ' ' ' ' I 5,0000 I I I I I I I I I N N N N N N N N N Ii UARK Beds —Students Lower Confidence Bound(Students) 25% on Campus Lower Confidence Bound(25 % on Campus) OQr Optimistic __— — --- I I I I I I I I I I N M 7 N N r OD CA O N N N N N N N N N N siiiiiiiin Private Beds --- Forecast(Students) Upper Confidence Bound(Students) Forecast(25% on Campus) Upper Confidence Bound(25 % on Campus) • Clearly indicated below is the concentration happening with current conditions Off -Campus Student Housing Detail Trinitas - -- 675 Beds - � -t.. Duncan / The Hub Ave Apts. 736 Beds 1.008 Bed, 4— seas i The Verve rF 4---� aw Be a ........_ Will DEVELOPMENT ADJACENT TO S. HILL AVE. (3.265 Potential Beds) Trinnw (Untler Conalrvc[ion) Dunun Ave.Apartments(Eatyretlingb Idl00Ie 20M025) Bullamg and grelilg Pe .. epPmvea. CgSWCOM lime line unaear, • Large -Stale Development in review. U01iry aria ngM d way vam0ore DM en4opela tlevebper willsNve for opervn X25Y102fi ace0elnic hide ant pmpelry Fria eajusuu Mregti Gludl ld b, ild,r veer • • Pa ud5 regu fulewily larg .la aavaloPmant approaal. TM1e Verve(EeL 0o ...ion Be0lnnll In Summer 2025) The Hu0lTlmellne Unknown) Large-scale OevelopmeM aPPmvea. UOIM ant easenreM vararolrs �:} Very usdyin process. BUI N entry 1pmti0reunaear-aerial access ant DropeM Ilne atlju9meMs in progress Full ""'approval pelmil nem still Ireilg Jalmmlretl Rezmilg alM alley vem5on in pregress. Denial, approval Fun wimingx nslmminetl. aaauainp�ly�aeaaleys.ry_,-amle ,� y-n M mule Source information: Fayetteville housing study presented 04.29.25 CITY OF ASV ILLS ARKANS City of Fayetteville Strategic Goal Alignment • City Plan 2024: We will create opportunities for attainable housing 0 3.1.7 — Encourage protection of community character in established neighborhoods (p.25) 0 3.6.1 - Increase housing choices by encouraging a mixture of housing types and sizes dispersed throughout the city and in proximity to transit and active transportation networks. (p.44) 0 3.6.2 - Maintain the quality and quantity of existing attainable housing. (p.44) • Economic Vitality Plan: 0 Community Development Goal 1 ■ Ensure Fayetteville is a vibrant, livable community for current and future residents through intentional growth management Y OF M CITFAYETTEVILLE ARKANSAS What the Ordinance Provides: Definition • 151.01 Definitions o Dormitory, Institutional (zoning). A building or group of buildings designed or altered for the purpose of accommodating students or members of religious orders with sleeping quarters, with or without communal kitchen facilities, and administered by educational or religious institutions. o Dormitory, Private (Zoning). A building or group of buildings not located on an academic or religious campus that provides housing for students of those institutions. Units generally consist of suites with shared living and cooking areas and three or more private bedrooms, each with its own bathroom. Private dormitories shall be treated as multi -family for the purpose of zoning and development regulations where it is not separately identified. MTY OF CIFAYETTEVILLE ARKANSAS What Ordinance Provides: hones, CUP: 161.12 District RI-U, Residential Intermediate -Urban 161.13 District RMF-6, Residential Multi -Family — Six (6) Units Per Acre 161.14 District RMF-12, Residential Multi -Family —Twelve (12) Units Per Acre 161.15 District RMF-18, Residential Multi -Family — Eighteen (18) Units Per Acre 161.16 District RMF-24, Residential Multi -Family — Twenty -Four (24) Units Per Acre 161.17 District RMF-40, Residential Multi -Family — Forty (40) Units Per Acre 161.18 NS-L, Neighborhood Services — Limited 161.19 NS-G, Neighborhood Services — General 161.20 District R-O, Residential Office 161.22 Community Services O 161.24 Urban Thoroughfare O 161.25 District C-3, Central Commercial 161.26 Downtown Core O 161.27 Main Street/Center 161.28 Downtown General 161.32 District P-1, Institutional 161.36 Urban Corridor 161.37 Urban Neighborhood CTY F � FAYETIOTEV1LLE � ARKANSAS What Ordinance Provides: Conditions (A) Subject to Residential Parking Standards. Dormitories shall be subject to Section 172 — Parking and Loading and shall be subject to residential parking requirements. (B) High Quality Exterior Building Materials. Dormitories shall be required to be constructed of high -quality exterior building materials including but not limited to brick, stone, stucco, painted fiber cement,or metal. (C) Neighborhood Compatibility. General compatibility with adjacent properties and surrounding neighborhood will be measured by analyzing surrounding land uses, scale, neighborhood character, and concentration of other student -oriented developments. The ground level street frontage may be required to be designed for active ground floor uses that are not residential, such as civic, retail, restaurant, or working spaces. (D) Traffic and Infrastructure Impacts. The project developer shall provide a traffic and infrastructure impact assessment and management plan that demonstrates the project will not unreasonably burden street or transit networks and that the existing street, sidewalk, bike, and bus infrastructure is sufficient to support the proposed bedroom density per acre. If existing infrastructure is insufficient, the developer shall include in its plans such improvements as are required to provide a sufficient level of service. (E) Displacement Mitigation. If the proposed project would result in the demolition, conversion, or redevelopment of existing residential units, the applicant must submit a Displacement Mitigation Plan. This plan shall: (1) Describe the outreach strategy and relocation assistance offered to those tenants, including coordination with local housing services or nonprofits. (2) Disclose any modifications to leasing terms, or the anticipated activation of any early termination clauses. (3) Provide a plan for on -site replacement of displaced units — to the extent feasible —with housing of comparable bedroom count, unit size, and affordability." CITY OF FAYETTEVILLE ARKANSKANAS dpa Questions? CITY OF .� FAYETTEVILLE ARKANSAS 191 Received from Stacy Barnes, Paralegal on 05/20/2025 at 1:14 PM OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor City Council Kara Paxton, City Clerk -Treasurer CC: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Steven Dotson, Chief Financial Officer Jesse Masters, Development Review Manager FROM: Kit Williams, City Attorney DATE: May 20, 2025 Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal RE: Proposed definition of "Private Dormitory," placement of "Private Dormitory" as Use Unit WW, and insertion of WW as a Conditional Use in several zoning districts which currently allow Dormitory as a Permitted Use Although Council Members, members of the public and maybe even City Staff may have been considering new restrictions of what may be defined as private dormitories for several months, this idea for an ordinance was not presented to my office until shortly before a deadline for inclusion into the May 20th City Council meeting. Senior Assistant City Attorney Blake Pennington (currently on vacation in Greece) drafted what had been presented to him to be in proper ordinance form for consideration, but he did not approve this proposal for legal and constitutional correctness. He signed the agenda request only "as to form" as clearly shown in your agenda packet. With the other substantial work load facing this office for condemnations, the appeal of the Trinitas Ventures' Large Scale Development, etc., we have not been able to give the necessary in depth legal and constitution review such a unique and concerning Code changing ordinance deserves. I believe that because of its substantial and unprecedented development requirements, the City should not rush to judgment to approve this very significant Code change that could affect and slow down very expensive and needed housing developments and potentially endanger our City's taxpayers with expensive litigation. Indeed, I believe with its unusual and questionable new requirements for builders, the City should seek an Arkansas Attorney General's Opinion of whether such requirements exceed the City's legal powers and authority. When our city government moves too fast to approve proposals that make substantial changes to our Fayetteville Code or to enter into questionable contracts, the long-term results have often been costly for our taxpayers. The unconstitutional contract which led to many millions of taxpayer dollars lost to attorney's fees in the 1990's, was passed in a half hour special Board of Directors' meeting on December 31st. The City has experienced numerous new apartment buildings constructed over the last few years, some of which have been the evidently student preferred apartments where each tenant can have their own private bathroom. Does the City Council believe it is such an emergency to deny students a right to a private bathroom that adequate legal and constitutional research should not be allowed before this rushed ordinance is passed? And is passed with an emergency clause? One of the proposed requirements of this zoning use unit is "(B) High Quality Exterior Building Materials. Private Dormitories shall be required to be constructed of high -quality exterior building materials including but not limited to brick, stone, stucco, painted fiber cement, or metal." As I am sure you realize, the City Council enacted § 166.23 Urban Residential Design Standards which have been applied to all apartment buildings for many years by the Planning Commission. These design standards which specifying requirements for exterior construction which must be presented to the Planning Commission for approval. All of these design standards were carefully developed and enacted by the City Council. If these urban residential design standards have resulted in apartment buildings being constructed with less than "high -quality exterior building materials" why should "private dormitories" be the only apartment buildings required to use "High Quality Exterior Building Materials?" § 166.24 Nonresidential Design Standards (C)(4) states: "Building shall be constructed with high quality building materials." Then it lists six unacceptable materials. Passing this new dormitory ordinance would adopt inconsistent definitions of "high -quality building materials" into the U.D.C. This problem shows why a proposed complex change to our Unified Development Code needs K more careful and complete analysis and review before it is submitted to the City Council for possible enactment. Subsection (C) Neighborhood Compatibility states: "General compatibility with adjacent properties and surrounding neighborhood will be measured by analyzing surrounding land uses, scale, neighborhood character, and concentration of other student -oriented developments." Does that mean a student -oriented apartment building should be or should not be built amid a concentration of other student -oriented developments? Is concentrating student private dormitories together a good or bad thing? How would the meaning of "neighborhood character" be deciphered? Is demolishing the remainder of houses, duplexes and small apartment buildings in a neighborhood mainly filed with large apartment complexes so that a new private dormitory can join others in the neighborhood be "neighborhood compatibility?" This needs more drafting work to determine whether the Council means that more private dormitories in a neighborhood is a good or bad thing. Subsection (D) Ground Level Activation prevents any residential use of the first floor. This certainly adds substantial additional cost for a developer wishing to build as many residential units as possible. If also removes at least 14% of the potential residential units for the maximum seven story housing structure. How does this help our "housing crisis?" Subsection (E) Traffic and Infrastructure Impacts. The City already can and already does carefully and fairly require developers and builders to comply with § 166.04 Required Infrastructure Improvements. Over nine pages of the Unified Development Code carefully analyzes and determines how different sizes and types of developments can constitutionally be required to dedicate or build different types of public infrastructure, when such construction of infrastructure or payment in lieu must be made, etc. While this ordinance states: "If existing infrastructure is insufficient, the developer shall include in its plans such improvement as are required to provide a sufficient level of service." That is an unconstitutional provision because it is based only upon the insufficiency of existing infrastructure rather than the impact of the development upon our infrastructure needs. If is also unnecessary because our U.D.C. already requires builders and developers to pay up to the constitution limit for the developer's impact upon our infrastructure needs. 3 (F) Displacement Mitigation is the most legally and constitutionally worrisome provision. The City Council constantly urges developers to do infill projects. With little undeveloped, buildable parcels in central Fayetteville, such in -fill usually necessitates "demolition, conversion, or redevelopment of existing residential units." If the City Council wants to increase density in the non -sprawl areas of Fayetteville, most residential projects will result in demolition of some existing residential units. But only these student -preferred apartments with a private bathroom for every bedroom must provide "relocation assistance" to tenants whose house or apartment was demolished so that a new large apartment building can house hundreds more tenants. These developers of apartments to help meet our "housing crisis" needs are required to "disclose any modifications to leasing terms, or early termination clauses." The developer/builder is normally not even a party to such leases paid to and controlled by existing property owners, not the proposed builder of the apartment building. What if the proposed builder does not know nor cannot force the current owner or tenants to reveal the terms of private leases? Finally, this ordinance would then require the hopeful builder to provide a plan "for on -site replacement of displaced units - to the extent feasible (What does that mean and who gets to determine what is feasible?) with housing of comparable bedroom count, unit size, and affordability (meaning cost)." Let's not illegally try to control the amount of rent charged between a landlord and tenant in violation of both A.C.A. § 14-43-608 Regulation of prices and A.C.A. § 14-54- 1409 Rent control preemption. CONCLUSION These proposed restrictions on the current, student -preferred apartment building type would likely achieve the end of this type of housing if it were legal and constitutional. But this ordinance is dangerously defective and would need considerably more analysis and substantial revisions before it could pass the legal and constitutional tests. Please do not take my word for this. Request the official opinion from the Arkansas Attorney General concerning this whole proposed ordinance. The Attorney General may point to some amendments that would resolve some issues in this ordinance which could be safely passed in the future. 4 Form 0.55 N\A!Am 211 .....i.dia Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 511662 PO #: Matter of: ORD 6879 AFFIDAVIT • STATE OFARKANSAS ECEIVE 06/03/2025 C TY OF FAYETTEVILLE 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 6879 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 $568.48. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 06101125; NWA nwaonline.com 06101125 Legal Clerk State ofARKANSAS, County of Sebastian Subscribed and sworn to before me on this 2nd day of June, 2025 NOTARY PUBLIC Ordinance: 6879 zoning and development regula- not unreasonably burden street File Number: 2025-628 tions where it is not separately or transit networks and that the AN ORDINANCE TO AMEND § identified." existing street, sidewalk, bike, 151.01 DEFINITIONS, CHAPTER Section 2: That the City and bus infrastructure is suffi- 161 ZONING REGULATIONS, § Council of the City of Fayet- cient to support the proposed 162.01 ESTABLISHMENT/LIST- teville, Arkansas hereby amends bedroom density per acre. ING, § 164.11 HEIGHT OR SET- the following sections in Chap- Section 5: That the City BACK REGULATIONS; ter 161 Zoning Regulations by Council of the City of Fayet- EXCEPTIONS AND HOME PRO- inserting Use Unit 48 - Private teville, Arkansas hereby amends TECTION REQUIREMENTS; AND Dormitories as a conditional use § 164.11 Height or Setback § 172.05 STANDARDS FOR THE In subsection (B)(2) for the fol- Regulations; Exceptions and NUMBER OF SPACES BY USE OF lowing zoning districts: Home Protection Requirements THE UNIFIED DEVELOPMENT • 161.12 District RI-U, Res- by inserting "private dormitory" CODE, AND TO ENACT § 163.19 idential Intermediate -Urban in the first sentence of subsec- PRIVATE DORMITORIES TO ES- • 161.13 District RMF-6, tion (C) following "new multi- TABLISH REGULATIONS FOR Residential Multi-Famlly - Six family." PRIVATE DORMITORIES AS A (6) Units PerAcre Section 6: That the City Coun- NEW CONDITIONAL USE, AND TO • 161.14 District RMF-12, cil of the City of Fayetteville, DECLARE AN EMERGENCY Residential Multi -Family - Arkansas hereby amends § WHEREAS, on April 2, 2024, Twelve (12) Units Per Acre 172.04 Standards for the Num- the City Council unanimously • 161.15 District RMF-18, ber of Spaces by Use by chang- adopted Resolution 117-24 to Residential Multi -Family - ing "College dormitory" to declare a housing crisis, and Eighteen (18) Units Per Acre "Institutional dormitory" in Table stated our desire for "a full • 161.16 District RMF-24, 3, Public and Institutional Uses. range of housing stock in a va- Residential Multi -Family - Section 7: Emergency Clause: riety of forms and price points"; Twenty -Four (24) Units Per Acre That the City Council of the City and • 161.17 District RMF-40, of Fayetteville, Arkansas hereby WHEREAS, the City Council Residential Multi -Family - Forty determines that this ordinance has budgeted $650,000 for the (40) Units Per Acre should become effective with - creation of a new Downtown • 161.18 NS-L, Neighbor- out delay because the University Master Plan to update the de- hood Services - Limited of Arkansas has increased en- sign goals and long-term infra- • 161.19 NS-G, Neighbor- rollment from 17,269 students structure needs in the heart of hood Services - General in fall 2004 to 33,610 students the City that will be completed • 161.20 District R-0, Resi- in fall 2024 while providing only this year; and dential Office approximately 6,200 beds on WHEREAS, City Plan 2040 • 161.22 Community Serv- campus. As a result, large adopted goals of appropriate in- ices apartment buildings designed fill and revitalization, a livable • 161.24 Urban Thorough- as private dormitories marketed transportation network, and op- fare to student occupants have be- portunities for attainable hous- • 161.25 District C-3, Can- come the private market re- ing and use conditions are an tral Commercial sponse to the demand for effective way to align develop- • 161.26 Downtown Core additional student housing, the ment outcomes with those • 161.27 Main Street/Center demand for which is expected stated goals; and • 161.28 Downtown General to increase as student enroll - WHEREAS, the redevelopment • 161.32 District P-1, Insti- ment Increases, which has cre- of existing neighborhoods may tutional ated a need to define this new result in the loss of affordable • 161.36 Urban Corridor housing type in the city with as - housing and/or the displace- • 161.37 Urban Neighbor- sociated zoning and develop- ment of residents; and hood ment requirements. WHEREAS, the private market Section 3: That the City Furthermore, the redevelopment has been providing off -campus Council of the City of Fayet- of existing neighborhoods may housing for students enrolled at teville, Arkansas hereby amends result in the loss of affordable the University of Arkansas since § 162.01 Establishment/Listing housing and the displacement the university's establishment in by: 1) adding Unit 48 - Private of current residents. Therefore, 1871; and Dormitories to the introductory passage of this ordinance is WHEREAS, the University of table; 2) changing Dormitory necessary for the public peace Arkansas has increased enroll- under subsection (D) Unit 4 to as well as the health and safety ment from 17,269 students in "Institutional Dormitory"; 3) of Fayetteville residents and the fall 2004 to 33,610 students in striking Dormitory under sub- City Council hereby declares an fall 2024 while providing ap- section (AA) Unit 26. Multi-Fam- emergency exists such that this proximately 6,200 beds on ily Dwellings; and 4) enacting a ordinance shall become effec- campus; and new subsection (WW) for private tive immediately upon its pas - WHEREAS, large apartment dormitories as follows: sage and approval. buildings designed as private "(WW) Unit 48. Private dorm!- PASSED and APPROVED on dormitories and marketed to tories. May 20, 2025 student occupants have become (1) Description. Unit 48 con- Approved: the private market response to sists of uses related to facilities Molly Rawn, Mayor the demand for additional stu- constructed for the purpose of Attest: dent housing, and that demand housing students. Kara Paxton, is expected to increase as stu- (2) Included Uses. City Clerk Treasurer dent enrollment increases, thus Private dormitories This publication was paid for initiating a definition for this Section 4:Thatthe City Coun- by the City Clerk -Treasurer of new housing type in the city cil of the City of Fayetteville, the City of Fayetteville, with associated zoning and de- Arkansas hereby enacts § Arkansas. velopment requirements. 163.19 Private Dormitories as Amount Paid: $568.48 NOW, THEREFORE, BE IT OR- follows: June 1, 2025 511662 DAINED BY THE CITY COUNCIL "163.19 Private Dormitories OF THE CITY OF FAYETTEVILLE, Private Dormitories. Private ARKANSAS: Dormitories may be allowed as Section 1: That the City Coun- a conditional use where they are cil of the City of Fayetteville, permitted subject to the follow - Arkansas hereby amends § ing conditions: 151.01 Definitions by amending (A) Subject to Residential the current definition of dormi- Parking Standards. Dormitories tory and enacting a new defini- shall be subject to Section 172 tion of private dormitory as - Parking and Loading and shall follows: be subject to residential parking "Dormitory, Institutional (zon- requirements. Ing). A building or group of (B) Neighborhood Compatibil- buildings designed or altered for ity. General compatibility with the purpose of accommodating adjacent properties and sur- students or members of reli- rounding neighborhood will be gious orders with sleeping quar- measured by analyzing sur- ters, with or without communal rounding land uses, scale, kitchen facilities, and adminis- neighborhood character, and tered by educational or religious concentration of other student - institutions. oriented developments. The "Dormitory, Private (zoning).A ground level street frontage building or group of buildings may be required to be designed not located on an academic or for active ground floor uses that religious campus that provides are not residential, such as housing for students of those in- civic, retail, restaurant, or work- stitutions. Units generally con- Ing spaces. sist of suites with shared living (C) Traffic and Infrastructure and cooking areas and three or Impacts. The project developer more private bedrooms, each shall provide a traffic and infra - with its own bathroom. Private structure impact assessment dormitories shall be treated as and management plan that multi -family for the purpose of demonstrates the project will