HomeMy WebLinkAboutOrdinance 6884
Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6884
File Number: 2025-714
AN ORDINANCE TO ENACT § 161.38 DISTRICT CCR, CONSERVATION, CULTURAL, AND
RECREATION AS A NEW ZONING DISTRICT TO CONSERVE, PRESERVE, PROTECT AND ENHANCE
NATURAL RESOURCES OF FAYETTEVILLE
WHEREAS, City Plan 2040 set the first short term benchmark for plan implementation as “Develop a
conservation development ordinance, or other form for rural properties, or those with environmentally sensitive
features” in alignment with plan goals 2 and 5; and
WHEREAS, our landowners should be assisted if they wish to conserve, preserve, protect, and enhance natural
resources such as floodplains, streams, wetlands, steep topography, woodlands, meadows and wildlife habitats on their
property; and
WHEREAS, District CCR, Conservation, Cultural, and Recreation would provide a conservation tool in the form of a
zoning district established for that purpose.
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 enacts § 161.38 District CCR,
Conservation, Cultural, and Recreation into the Unified Development Code as shown on Exhibit A attached hereto
and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §160.01 Establishment of
Districts by inserting “CCR Conservation, Cultural, and Recreation” after “NC Neighborhood Conservation.”
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (B)(5)(a) of
§164.25 Tandem Lot Development and inserts a replacement (B)(5)(a) as follows:
“(a) Tandem lots shall have a minimum building setback requirement of 35 feet from all property lines in the R-A,
RSF-5, RSF-1, and CCR zoning districts.”
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (C) Canopy Area of
§167.04 Tree Preservation and Protection During Development by inserting the following in Table 1 Minimum
Canopy Requirements between NC, Neighborhood Conservation and I-1, Heavy Commercial and Light Industrial:
CCR, Conservation, Cultural, and Recreation 80%
Ordinance: 6884
File Number: 2025-714
Page 2
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (A)(2) of §174.10 On-
Site Freestanding Signs regarding pole signs and inserts a replacement (A)(2) as follows:
“(2) RSF, RI, and CCR Districts. Except pursuant to § 174.03, pole signs shall be prohibited and no pole signs shall be
erected in RSF, RI, and CCR Districts of the City.”
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (B)(2)(c) of
§174.10 On-Site Freestanding Signs regarding monument signs and inserts a replacement (B)(2)(c) as follows:
“(c) NS, RMF, UN, and CCR Districts. The display surface area shall not exceed 16 square feet.”
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C)(1) of §174.10 On-
Site Freestanding Signs regarding joint identification signs and inserts a replacement (C)(1) as follows:
“(C) R-A, RSF, RI, RMF, P, NC, NS, UN, and CCR Districts. Prohibited.”
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends the list of zoning districts in the
heading of subsection (D)(1) of §174.10 On-Site Freestanding Signs regarding area signs by adding CCR to the list so
it reads as follows:
“R-A, RSF, RI, RMF, NC, NS, R-O, UN, and CCR Districts.”
Section 9: That the City Council of the City of Fayetteville, Arkansas hereby amends the list of zoning districts in the
heading of subsection (E)(1) of §174.10 On-Site Freestanding Signs regarding bulletin boards by adding CCR to the
list so it reads as follows:
“RSF, RI, NC, and CCR Districts.”
Section 10: That the City Council of the City of Fayetteville, Arkansas hereby amends the list of zoning districts in
subsection (A) of §174.12 Wall Signs by adding CCR to the list so it reads as follows:
“NC, RSF, RI and CCR Districts.”
PASSED and APPROVED on June 17, 2025
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ 314.64
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-714
MEETING OF JUNE 17, 2025
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Britin Bostick, Long Range Planning/Special Projects Manager
SUBJECT: ADM-2025-0023: Administrative Item (Amend UDC Chapter 161 – Zoning
Regulations): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an
amendment to UDC Chapter 161 to create a new zoning district section 161.38,
Conservation, Cultural, and Recreation, and set zoning regulations for the new
district alongside related development standards.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of an ordinance to establish a new zoning district,
CCR, Conservation, Cultural, and Recreation, and associated standards as described in the attached Exhibit
'A'.
BACKGROUND:
Since 2018 the Planning Commission has considered approximately 400 rezoning applications, providing
commissioners with a thorough knowledge of zoning districts alongside a familiarity with public concerns on
both proposed rezonings and developments. Absent an established zoning district meant to serve conservation
goals, applicants seeking to set aside conservation areas within developments, or to balance higher density
zoning districts with low density areas, have opted to use a Planned Zoning District (PZD) or utilize lower
density districts that do not effectively serve the city’s adopted land conservation and protection goals.
Both City Plan 2040 and the Climate Action Plan have established goals for a conservation zoning district. City
Plan 2040 includes short-term benchmarks meant to be accomplished by 2025, one of which is “Develop a
conservation development ordinance, or other form for rural properties, or those with environmentally sensitive
features.” This is meant to address Goals 2 (We will discourage suburban sprawl) and 5 (We will assemble an
enduring green network) in the plan. Action EcoSrv.A-5 in the Climate Action Plan is to “Develop an
environmental or conservation zoning district for inclusion in the City’s Enduring Green Network.” After careful
consideration and consultation with multiple parties, staff coordinated with the Fayetteville Environmental
Action Committee (EAC) to bring forward this item.
DISCUSSION:
The purpose of this amendment is to establish a new zoning district titled “Conservation, Cultural and
Recreation” (CCR). Following on the heels of the creation of the Urban Corridor (UC) and Urban Neighborhood
(UN) zoning districts in 2024 and through discussion with the EAC at their January-March 2025 meetings, Long
Range Planning and Sustainability staff have sought to take another step forward in implementing the city’s
adopted plans, specifically City Plan 2040 and the Climate Action Plan. Early 2025 EAC meetings have
included thorough discussion of conservation tools, various incentives for conservation, aspects of zoning
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
regulations and how to tailor those to conservation goals, and consultation with the City Attorney’s office.
An advantage to the proposed CCR zoning district is that no minimum lot size or width is proposed, which
would permit the zoning to be applied to lots not meant for development without requiring the frontage typically
necessary to facilitate water and sewer connections, and access to the site. Although a limited number of uses
would be permitted by-right and cultural and recreational uses permitted by Conditional Use, development
would largely be restricted to supporting land conservation goals and the preservation of natural features and
resources. Considerable discussion about standards that would allow wildlife observation opportunities while
limiting paved area and building size was key to the proposed standards, which seek to allow a light touch on
land balanced with the enduring green network development captured in both City Plan 2040 and the Climate
Action Plan.
With the addition of a new zoning district comes amendments to other sections of the Unified Development
Code (UDC). In this instance, amendments are also needed to:
• Section 160.01 – Establishment of Zoning Districts to add CCR to the list of zoning districts.
• Section 164.25 – Tandem Lot Development to establish building setbacks of 35 feet from all property
lines for tandem lots, the same as for the Residential-Agricultural (R-A) zoning district.
• Section 167.04 – Tree Preservation and Protection During Development to establish a minimum
canopy requirement for the CCR zoning district in Section 167.04(C) Table 1. This is proposed to be
80%, the highest percentage of required tree canopy protection.
• Chapter 174 – Signs to establish sign regulations for the new zoning district:
o 174.10(A)(2), 174.10(B)(2)(c), 174.10(C)(1), 174.10(D)(1), 174.10(E)(1), and 174.12 (A) to add
“CCR” to define which sign regulations are applicable for the new district.
At the March 20, 2025 Long Range Planning Committee meeting, Long Range Planning staff provided
background and shared a draft of the district, including work with the EAC since January to develop it.
Commissioners present expressed interest in the new zoning district and staff stated they would bring this to
an upcoming Planning Commission meeting for a public hearing and recommendation, but were still working
with the EAC on a final draft and recommendation. Following a recommendation on the proposed district from
the EAC with the letter of support attached to this report, Long Range Planning staff scheduled the new zoning
district for a public hearing at the April 28, 2025 Planning Commission hearing, which provided for a
presentation on the proposed new zoning district at the April 24 agenda session, with detailed discussion
available at the subsequent Long Range Planning Committee meeting.
During their April 28, 2025, meeting staff noted two items to the Planning Commission for their consideration of
the proposed new zoning district. The first item noted was a change in two instances using the term "parcel
area" in the proposed text to "zoned area", as zoning and parcels are not necessarily aligned in their borders,
and it is possible for a parcel of land to have two or more zoning districts applied with boundaries separate
from the parcel boundaries. Second, staff noted for the Planning Commission that while it had not to this point
in the process been recommended or included, the Planning Commission may want to consider adding use
units 3 and 36 as conditional uses to the new zoning district, which would allow public protection facilities ( use
unit 3) and wireless communication facilities (use unit 34) to be approved as a conditional use, subject to
review and approval by the Planning Commission. While not part of their recommendation on the item, staff
requested the Commission to consider whether it would beneficial in the future to have an option for such
facilities to be located on properties within the proposed zoning district subject to conditions, or if the
Commission agreed with such facilities not being allowed. Upon consideration, the Commission chose to
include those use units as conditional uses. The motion made by Commissioner Werner was to forward the
proposed new zoning district to the City Council with the change from "parcel area" to "zoned area" and to add
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
use units 3 and 36 as conditional uses. Commissioner Payne seconded the motion. The vote was 8-1-0 in
favor of forwarding as amended, with Commissioner Cabe opposed. No public comment on the item was
received prior to or during the meeting.
In response to the amendments by the Planning Commission, the EAC has written a second letter to the City
Countil recommending that Use Units 3 and 36 not be included in the new district as conditional uses, stating,
"...we fear that Unit 3 or 36 use for those parcels would destroy or degrade the ecosystem services they would
provide for the city." The second letter, dated May 27, is also attached.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A - New 161.38 Conservation Cultural and Recreation
District (CCR), 5. Ordinance Updates - Clean Version, 6. Ordinance Updates - Strikethrough Version, 7. ADM-
2025-0023 PC Report - Forwarded, 8. EAC Letter May 27 2025, 9. Amended 6.17.25 - Approved Exhibit A -
161.38 Conservation Cultural and Recreation District (CCR)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-714
AN ORDINANCE TO ENACT § 161.38 DISTRICT CCR, CONSERVATION, CULTURAL,
AND RECREATION AS A NEW ZONING DISTRICT TO CONSERVE, PRESERVE,
PROTECT AND ENHANCE NATURAL RESOURCES OF FAYETTEVILLE
WHEREAS, City Plan 2040 set the first short term benchmark for plan implementation as
“Develop a conservation development ordinance, or other form for rural properties, or those with
environmentally sensitive features” in alignment with plan goals 2 and 5; and
WHEREAS, our landowners should be assisted if they wish to conserve, preserve, protect, and enhance
natural resources such as floodplains, streams, wetlands, steep topography, woodlands, meadows and
wildlife habitats on their property; and
WHEREAS, District CCR, Conservation, Cultural, and Recreation would provide a conservation tool in
the form of a zoning district established for that purpose.
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 enacts § 161.38 District
CCR, Conservation, Cultural, and Recreation into the Unified Development Code as shown on
Exhibit A attached hereto and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
§160.01 Establishment of Districts by inserting “CCR Conservation, Cultural, and Recreation” after
“NC Neighborhood Conservation.”
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection
(B)(5)(a) of §164.25 Tandem Lot Development and inserts a replacement (B)(5)(a) as follows:
“(a) Tandem lots shall have a minimum building setback requirement of 35 feet from all property lines
in the R-A, RSF-5, RSF-1, and CCR zoning districts.”
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (C)
Canopy Area of §167.04 Tree Preservation and Protection During Development by inserting the
following in Table 1 Minimum Canopy Requirements between NC, Neighborhood Conservation and I-
1, Heavy Commercial and Light Industrial:
Ordinance: 6884
File Number: 2025-714
Page 2
CCR, Conservation, Cultural, and Recreation 80%
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (A)(2)
of §174.10 On-Site Freestanding Signs regarding pole signs and inserts a replacement (A)(2) as
follows:
“(2) RSF, RI, and CCR Districts. Except pursuant to § 174.03, pole signs shall be prohibited and no
pole signs shall be erected in RSF, RI, and CCR Districts of the City.”
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection
(B)(2)(c) of §174.10 On-Site Freestanding Signs regarding monument signs and inserts a replacement
(B)(2)(c) as follows:
“(c) NS, RMF, UN, and CCR Districts. The display surface area shall not exceed 16 square feet.”
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C)(1)
of §174.10 On-Site Freestanding Signs regarding joint identification signs and inserts a replacement
(C)(1) as follows:
“(C) R-A, RSF, RI, RMF, P, NC, NS, UN, and CCR Districts. Prohibited.”
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends the list of zoning
districts in the heading of subsection (D)(1) of §174.10 On-Site Freestanding Signs regarding area
signs by adding CCR to the list so it reads as follows:
“R-A, RSF, RI, RMF, NC, NS, R-O, UN, and CCR Districts.”
Section 9: That the City Council of the City of Fayetteville, Arkansas hereby amends the list of zoning
districts in the heading of subsection (E)(1) of §174.10 On-Site Freestanding Signs regarding bulletin
boards by adding CCR to the list so it reads as follows:
“RSF, RI, NC, and CCR Districts.”
Section 10: That the City Council of the City of Fayetteville, Arkansas hereby amends the list of zoning
districts in subsection (A) of §174.12 Wall Signs by adding CCR to the list so it reads as follows:
“NC, RSF, RI and CCR Districts.”
City of Fayetteville Staff Review Form
2025-714
Item ID
6/17/2025
City Council Meeting Date - Agenda Item Only
N/A for Non-Agenda Item
Britin Bostick 5/30/2025 LONG RANGE PLANNING (634)
Submitted By Submitted Date Division / Department
Action Recommendation:
ADM-2025-0023: Administrative Item (Amend UDC Chapter 161 – Zoning Regulations): Submitted by CITY OF
FAYETTEVILLE STAFF. The request is an amendment to UDC Chapter 161 to create a new zoning district section
161.38 called Conservation, Cultural, and Recreation and set zoning regulations for the new district including
permitted and conditional uses, lot dimensional standards, setbacks, and building height. Additionally,
amendments are proposed to section 160.01 – Establishment of Districts to add the new district, section 164.25 –
Tandem Lot Development to establish building setbacks for tandem lots, section 167.04 – Tree Preservation and
Protection During Development to establish a minimum canopy requirement, and chapter 174 – Signs to establish
sign regulations for the new zoning district.Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item?No Total Amended Budget $-
Expenses (Actual+Encum)$-
Available Budget $-
Does item have a direct cost?No Item Cost $-
Is a Budget Adjustment attached?No Budget Adjustment $-
Remaining Budget $-
V20221130
Purchase Order Number:Previous Ordinance or Resolution #
Change Order Number:Approval Date:
Original Contract Number:
Comments:
EXHIBIT A
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161.38 District CCR, Conservation, Cultural, and Recreation
(A) Purpose. The Conservation, Cultural, and Recreation District is a designation requested by the
owner of property that the City and the owner have determined beneficial and desirable to conserve,
preserve, protect, or enhance natural resources such as floodplains, streams, wetlands, steep
topography, woodlands, meadows and wildlife habitat, or for the purpose of improving and restoring
such property’s ecosystem services. Further, this district serves to permit certain limited uses and
activities which are not detrimental to the land and consistent with these purposes.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
(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 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
(1) At least 80 percent of the zoned area shall be left undeveloped as green space.
(2) No more than 10 percent of the Conservation, Cultural, and Recreation zoned area may be
dedicated to open space that also contains hard surface areas such as parking, paved trail, or other
impervious ground cover.
(E) Setback Requirements.
(1) Minimum setback from the front property line shall be 20 feet.
(2) Minimum setbacks from all other property lines shall be 50 feet.
(3) A minimum setback of 50 feet shall be established parallel to all floodplain lines shown on
currently adopted FIRM panels.
(4) A minimum setback of 100 feet shall be established parallel to the top of bank along all streams
protected within the Streamside Protection Zones of §168.12.
(5) A minimum setback of 100 feet shall be established parallel to the edge of open bodies of water.
(F) Height Requirements.
Building Height Maximum 2 stories
(G) Building area. Maximum lot coverage shall be five percent of the zoned area.
EXHIBIT A
Page 2 of 2
(H) Legal instrument for permanent protection. Green space shall be protected in perpetuity by an
easement deed or other binding legal instrument that is recorded with the rezoning at the time of
rezoning. The instrument shall be a permanent conservation easement or equivalent legal document
such as:
(1) A permanent conservation easement conveyed to the City or a land trust or similar
conservation oriented nonprofit organization with legal authority to accept such easements.
The conservation organization must be bona fide and in perpetual existence and the
conveyance instrument shall contain an appropriate provision for conveyance to another
nonprofit conservation organization or to the City in the event the originally designated
organization becomes unable to fulfill its functions, or
(2) An equivalent legal document that provides permanent protection, if approved by the City.
Page 1 of 1
160.01 Establishment Of Districts
The following zoning districts are hereby established:
ZONING DISTRICTS
R‐A Residential ‐ Agricultural
RSF‐.5 Residential Single‐family ‐ One‐Half (½) Unit per Acre
RSF‐1 Residential Single‐family ‐ One (1) Unit per Acre
RSF‐2 Residential Single‐family ‐ Two (2) Units per Acre
RSF‐4 Residential Single‐family ‐ Four (4) Units per Acre
RSF‐7 Residential Single‐family ‐ Seven (7) Units per Acre
RSF‐8 Residential Single‐family ‐ Eight (8)Units per Acre
RSF‐18 Residential Single‐family ‐ Eighteen (18) Units per Acre
RI Residential Intermediate, Twelve (12) Units Per Acre
RI‐U Residential Intermediate ‐ Urban
RMF‐6 Residential Multi‐family ‐ Six (6) Units per Acre
RMF‐12 Residential Multi‐family ‐ Twelve (12) Units per Acre
RMF‐18 Residential Multi‐family ‐ Eighteen (18) Units per Acre
RMF‐24 Residential Multi‐family ‐ Twenty‐Four (24) Units per Acre
RMF‐40 Residential Multi‐family ‐ Forty (40) Units per Acre
R‐O Residential‐Office
NS‐L Neighborhood Services ‐ Limited
NS‐G Neighborhood Services ‐ General
C‐1 Neighborhood Commercial
CS Community Services
C‐2 Thoroughfare Commercial
C‐3 Central Business Commercial
UN Urban Neighborhood
UC Urban Corridor
UT Urban Thoroughfare
DC Downtown Core
MSC Main Street Center
DG Downtown General
NC Neighborhood Conservation
CCR Conservation, Cultural, and Recreation
I‐1 Heavy Commercial and Light Industrial
I‐2 General Industrial
P‐1 Institutional
E‐1 Extraction
DOD Design Overlay District
PZD Planned Zoning District
Page 1 of 2
161.38 District CCR, Conservation, Cultural, and Recreation
(A) Purpose. The Conservation, Cultural, and Recreation District is a designation requested by the
owner of property that the City and the owner have determined beneficial and desirable to conserve,
preserve, protect, or enhance natural resources such as floodplains, streams, wetlands, steep
topography, woodlands, meadows and wildlife habitat, or for the purpose of improving and restoring
such property’s ecosystem services. Further, this district serves to permit certain limited uses and
activities which are not detrimental to the land and consistent with these purposes.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
(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 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
(1) At least 80 percent of the zoned area shall be left undeveloped as green space.
(2) No more than 10 percent of the Conservation, Cultural, and Recreation zoned area may be
dedicated to open space that also contains hard surface areas such as parking, paved trail, or other
impervious ground cover.
(E) Setback Requirements.
(1) Minimum setback from the front property line shall be 20 feet.
(2) Minimum setbacks from all other property lines shall be 50 feet.
(3) A minimum setback of 50 feet shall be established parallel to all floodplain lines shown on
currently adopted FIRM panels.
(4) A minimum setback of 100 feet shall be established parallel to the top of bank along all streams
protected within the Streamside Protection Zones of §168.12.
(5) A minimum setback of 100 feet shall be established parallel to the edge of open bodies of water.
(F) Height Requirements.
Building Height Maximum 2 stories
(G) Building area. Maximum lot coverage shall be five percent of the zoned area.
Page 2 of 2
(H) Legal instrument for permanent protection. Green space shall be protected in perpetuity by an
easement deed or other binding legal instrument that is recorded with the rezoning at the time of
rezoning. The instrument shall be a permanent conservation easement or equivalent legal document
such as:
(1) A permanent conservation easement conveyed to the City or a land trust or similar
conservation oriented nonprofit organization with legal authority to accept such easements.
The conservation organization must be bona fide and in perpetual existence and the
conveyance instrument shall contain an appropriate provision for conveyance to another
nonprofit conservation organization or to the City in the event the originally designated
organization becomes unable to fulfill its functions, or
(2) An equivalent legal document that provides permanent protection, if approved by the City.
Page 1 of 2
164.25 Tandem Lot Development
(A) Where Allowed. Tandem lot development shall be permitted for a single‐family dwelling and customary
accessory structure and/or dwelling unit only and shall be permitted in all districts where single‐family
dwellings are permitted. The development of one (1) tandem lot behind another tandem lot shall be
prohibited.
(B) Requirements. Development of a tandem lot shall be subject to the following requirements:
(1) The tandem lot shall have access to a public street by way of a private drive with a minimum width and
specification, such as a vehicular turnaround, as determined by emergency response providers in
accordance with applicable local, state, and federal codes. The tandem lot owner shall be responsible
for maintaining said private drive so that emergency vehicles have safe access to the dwelling located
on the lot. Parking of vehicles in the designated private drive for emergency vehicle access shall not be
permitted. The tandem lot owner shall have title to, or a perpetual private easement in, the private
drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum
distance of 18 feet from said right‐of‐way in accordance with the driveway design standards in
Fayetteville Unified Development Code Chapter 172.
(2) The distance between the private drive of a tandem lot and any adjacent driveway shall not be less
than the minimum distance between curb cuts in Fayetteville Unified Development Code Chapter 166
Street Design and Access Management Standards.
(3) Solid waste service for the tandem lot shall be provided by customers placing standard residential
garbage carts, recycling bins, and yard waste at a designated collection point on trash day in
accordance with City of Fayetteville Code of Ordinances Chapter 50.20(B). The designated collection
point shall be identified at the time the tandem lot is created, in coordination with the City Solid Waste
Division. Garbage carts and recycling bins shall not be placed at the collection point more than twelve
(12) hours before or after regular trash pickup in accordance with Chapter 50.20(B).
(4) Lot Width and Area. The tandem lot, excluding the private drive, shall conform to the minimum lot
width and lot area requirements of the zoning district in which it is located, unless a variance is
otherwise granted by the Board of Adjustment.
(5) Setback. Each tandem lot shall have a minimum building setback requirement as follows:
(a) Tandem lots shall have a minimum building setback requirement of 35 feet from all property
lines in the R‐A, RSF‐.5, RSF‐1, and CCR zoning districts.
(b) Tandem lots shall have a minimum building setback requirement of 30 feet from all property
lines in the RSF‐2 zoning district.
(c) Tandem lots shall have a minimum building setback requirement of 15 feet from all property
lines in the RSF‐4 and RSF‐7 zoning districts.
(d) Tandem lots shall have a minimum building setback requirement of 10 feet from all property
lines in the R‐O zoning district.
(e) Tandem lots shall have a minimum building setback requirement of 5 feet from all property lines
in the RSF‐8, RSF‐18, RI‐12, RI‐U, RMF‐6, RMF‐12, RMF‐18, RMF‐24, RMF‐40, NS‐L, NS‐G, CS, UN,
UC, UT, DC, MSC, DG, and NC zoning districts.
(f) Any variance to the minimum building setback requirement may only be granted by the Board of
Adjustment.
(C) Variances. Variances to the requirements in (B)(1)—(B)(3) of this section shall be administered as
development regulations to be considered by the Planning Commission. All other variances to zoning
Page 2 of 2
regulations, including those in (8)(4) and (B)(5), shall be administered as zoning regulations for variance
purposes.
Page 1 of 11
167.04 Tree Preservation And Protection During Development
(A) Applicability. The provisions of this section shall apply to proposed developments as defined by the Unified
Development Code as follows:
(1) Large Scale Developments.
(2) Large Site Improvement Plan.
(3) Small Site Improvement Plan.
(4) Preliminary Plat.
(5) Final Plat.
(6) Concurrent Plat.
(7) Planned Zoning Districts.
(8) Parking Lots. Tree preservation requirements apply to all permit applications for the construction of
parking lots with five (5) or more spaces. An abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for permits on projects that are required to go
through the subdivision or large scale development process.
(9) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District
shall submit a tree preservation plan with the preliminary plat or site plan. Single and two (2) family
residential development shall submit an abbreviated tree preservation and site plan at the time of
applying for a building permit.
(10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for grading permits on projects that are not
required to go through the development process.
(11) Building Permits. Tree preservation requirements apply to all permit applications for developments of
greater than 6,000 square feet of impervious area. An abbreviated tree preservation plan, as set forth
in §167.04(H)(3), shall be submitted with the application for building permits on projects that are not
required to go through the subdivision or large scale development process. There shall be no land
disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted
and approved, and the tree protection measures at the site inspected and approved.
(12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree
preservation plan or review from Urban Forestry.
(a) Persons seeking to construct 6,000 square feet or less of impervious area are specifically exempt
from the provisions of this section except when the land is located within the Hillside/Hilltop
Overlay District; then all the provisions of this ordinance shall apply.
(b) Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in
an enlargement of the building footprint or roof dripline shall not require an abbreviated tree
preservation plan.
(B) Tree Preservation Criteria. The Urban Forester shall consider the following factors, and any other relevant
information, when evaluating tree preservation plans:
(1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species.
(2) Whether the design incorporates the required tree preservation priorities.
(3) The extent to which the area would be subject to environmental degradation due to removal of the
tree or group of trees.
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(4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and
the property on which the tree or group of trees is located.
(5) Whether alternative construction methods have been proposed to reduce the impact of development
on existing trees.
(6) Whether the size or shape of the lot reduces the flexibility of the design.
(7) The general health and condition of the tree or group of trees, or the presence of any disease, injury,
or hazard.
(8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the
property.
(9) The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or
maintaining essential public utilities.
(10) Whether proposed roads and proposed utilities are designed in relation to the existing topography,
and routed, where possible, to avoid damage to existing canopy.
(11) Construction requirements of on‐site and off‐site drainage.
(12) The effects of proposed on‐site mitigation or off‐site alternatives.
(13) The effect other chapters of the Unified Development Code, or city policies have on the development
design.
(14) The extent to which development of the site and the enforcement of this chapter are impacted by
state and federal regulations.
(15) The impact a substantial modification or rejection of the application would have on the applicant.
*Note—The above items are not presented in any particular order of importance. The weight each is given will
depend in large part on the individual characteristics of each project.
(C) Canopy Area. In all proposed developments that are required to submit a tree preservation plan or
abbreviated tree preservation plan, trees shall be preserved as outlined in Table 1 under Percent Minimum
Canopy, unless the applicant has been approved for on‐site mitigation or off‐site alternatives as set forth in
§167.04(I) and (J) below. The square foot percentage of canopy area required for preservation in new
development is based on the total area of the property for which the applicant is seeking approval, less the
right‐of‐way and park land dedications. An applicant shall not be required to plant trees in order to reach the
percent minimum canopy requirement on land where less than the minimum exists prior to development.
Table 1
Minimum Canopy Requirements
ZONING DESIGNATIONS PERCENT
MINIMUM
CANOPY
R‐A, Residential — Agricultural (nonagricultural uses) 25%
RSF‐.5, Single‐family Residential — One‐Half Unit per Acre 25%
RSF‐1, Single‐family Residential — One Unit per Acre 25%
RSF‐2, Single‐family Residential — Two Units per Acre 20%
RSF‐4, Single‐family Residential — Four Units per Acre 25%
RSF‐7, Single‐family Residential — Seven Units per Acre 20%
RSF‐8, Single‐family Residential — Eight Units per Acre 20%
RSF‐18, Single‐family Residential — Eighteen Units per Acre 20%
R‐O, Residential — Office 20%
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RI‐12, Residential Intermediate — Twelve Units Per Acre 20%
RI‐U, Residential Intermediate — Urban 15%
RMF‐6, Multi‐family Residential — Six Units per Acre 20%
RMF‐12, Multi‐family Residential — Twelve Units per Acre 20%
RMF‐18, Multi‐family Residential — Eighteen Units per Acre 20%
RMF‐24, Multi‐family Residential — Twenty‐Four Units per Acre 20%
RMF‐40, Multi‐family Residential — Forty Units per Acre 20%
NS‐L, Neighborhood Services — Limited 20%
NS‐G, Neighborhood Services — General 20%
C‐1, Neighborhood Commercial 20%
CS, Community Services 20%
C‐2, Thoroughfare Commercial 15%
UN, Urban Neighborhood 15%
UC, Urban Corridor 20%
UT, Urban Thoroughfare 15%
C‐3, Central Business Commercial 15%
DC, Downtown Core 10%
MSC, Main Street Center 10%
DG, Downtown General 10%
NC, Neighborhood Conservation 20%
CCR, Conservation, Cultural, and Recreation 80%
I‐1, Heavy Commercial and Light Industrial 15%
I‐2, General Industrial 15%
P‐1, Institutional 25%
PZD, Planned Zoning District
(HHOD)
25%
(30%)
All residential zoning districts and C‐1 districts within the Hillside/Hilltop Overlay District shall have their percent
minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%.
(D) Prior Tree Removal.
(1) If trees have been removed below the required percent minimum canopy within the five (5) years
preceding application for a development, the site must be forested to meet the Percent Minimum
Canopy requirements set forth in Table 1, plus an additional 10% of the total area of the property for
which the applicant is seeking approval, less the right‐of‐way and park land dedications. The number of
trees required to be planted shall be calculated using the base density for high priority trees.
(2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees
were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of
this chapter, the additional 10% reforestation requirement shall be waived.
(E) Tree Preservation Priorities.
(1) Percent Minimum Canopy. Proposed designs must meet the percent minimum canopy requirements
for the particular zoning designation, emphasizing the preservation and protection of high priority
trees on the site. Trees in existing and not to be vacated utility easements shall not be counted toward
the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to
avoid existing canopy.
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(2) Existing Natural Features. Each design shall consider the existing natural features of the site, the
preservation priorities for the trees, and the impact their proposed removal may have both on and off‐
site.
(3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently
to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater
than or equal to an 8‐inch diameter at breast height for large and medium species of trees. High
priority for small species of trees is greater than or equal to a 4‐inch diameter. Low priority trees are
invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low
priority trees are less than an 8‐inch diameter at breast height for larger and medium species and less
than a 4‐inch diameter at breast height for smaller trees species.
(F) Tree Preservation Requirements for Proposed Residential and Non‐Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be located
in areas that have the least possibility of impact as public infrastructure and proposed utilities are
installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the
use and enjoyment of prospective lot owners. Residential developments requesting tree removal
below the percent minimum canopy requirement may choose either residential on‐site mitigation, or
to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be
vacated utility easements shall not be counted toward the percent minimum canopy requirement, and
such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent
minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for
the development of nonresidential developments. The Urban Forester shall recommend to the
Planning Commission the option that will potentially preserve the largest amount of high priority
canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(a) Preservation Plan for Entire Development. The developer may choose to preserve the percent
minimum canopy required for the entire development. With this option, the preserved canopy
shall be located in areas that will not be impacted by future development of the individual lots.
Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in
§167.04(L) below. Should the entire percent minimum canopy requirement for the site be so
protected, the preserved canopy shall be placed in a tree preservation easement and the final
plat shall include a statement that the individual lots, as represented thereon, shall not require
separate tree preservation plans.
(b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall
delineate the area required for the construction of the infrastructure and improvements for the
development. This area should include street rights‐of‐way, and utility and drainage easements.
Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate
percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal
of trees during the grading of individual lots, unless shown by the developer to be essential to the
project's engineering design. The developer will be required to compensate for the canopy
removed from defined individual lots by making the appropriate payment into the Tree Escrow
Account. On all other areas of the development, the developer shall protect the existing canopy
during the construction phase in accordance with §167.05 below. The final plat shall include a
statement that the individual lots shall require separate tree preservation plans.
(3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay
District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set
forth in §167.04(H)(3) indicating the location of the structure and the preservation of the minimum
tree canopy requirement.
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(4) Developers have the option of creating cluster development, such as a Planned Zoning District, which
would encourage more open space and tree preservation. In this pattern of development, the trees
preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead
of individual lots required to meet minimum percent requirements. The Tree Preservation Easements
shall be clearly depicted on easement plats or final plats.
(G) Initial Review.
(1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with
the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to
submitting a proposed development to the city. During the initial review, the Urban Forester shall
make recommendations to ensure the proposed subdivision or development complies with the
requirements of this chapter. These recommendations shall be nonbinding. However, applicants
proceed at the risk of higher costs and longer approval times due to changes required by a
noncompliant submittal should they choose not to have the initial review or to disregard the
recommendations of the Urban Forester.
(2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial
review meeting in the Tree Preservation and Protection staff report given to applicants going through
the development review process. If the applicant chooses to attend an initial review meeting, the staff
report shall also document any recommendations made. The Urban Forester shall ensure that a copy of
the report or email becomes part of the permanent file for the project.
(H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree
preservation criteria and percent minimum canopy requirements as set forth under §167.04(B) and (C).
(1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree
preservation analysis to determine the approximate age, health, size and species distribution of the
trees, noting each on a tree preservation plan, and clearly showing the locations and types of all
natural features on a site, including features 100 feet beyond the property lines. The tree preservation
plan shall also specifically depict the applicable preservation priority level for each tree or group of
trees on the site. The plan should include, but not be limited to, delineation of the following features as
they exist on the site:
(a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the
natural drainage patterns;
(b) The property line boundaries of the site;
(c) Soils identified according to the Unified Soil Classification System;
(d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and
Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species,
diameter at breast height (DBH), and the overall health of each significant tree;
(e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species,
average height, diameter at breast height (DBH), and general health of the trees.
(f) All existing utilities and utility easements;
(g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist
on the site or within 100 feet of the limits of disturbance;
(h) Floodplains and floodways on the site;
(i) All existing rights‐of‐way within and surrounding the project site, including any designated trails
or bike paths; and,
(j) Any other factors that may impact the design of the site.
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(2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements,
and delineate in the tree preservation plan the trees to be retained on‐site, and the measures to be
implemented for their protection. These measures shall include, but need not be limited to, fencing,
limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly
depict the limits of soil disturbance to include all areas to be graded both on and off‐site, as well as the
proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation,
Protection and Landscape Manual for details, examples and specific checklists. Examples can be
provided upon request to the Urban Forester.
(3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for
between 6,001 to 10,000 square feet of impervious area that require building permits, grading, or
parking lot permits, but that do not fall under the requirements for developments required to go
through the development review process of Technical Plat Review Committee, Subdivision Committee
and Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The
information for an abbreviated tree preservation plan may be combined with the site plan, plat
drawing, or grading plan. The applicant is expected to show the general location of all existing groups
of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all
areas to be graded, both on and off‐site, as well as the proposed location of utilities. Protective
measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be
depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before
applying for any of the above‐mentioned permits. The applicant should consult the City of Fayetteville
Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants
submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor
shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated
tree preservation plan.
(4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not
met. The report shall detail the design approaches used to minimize damage to or removal of existing
canopy that were considered in arriving at the proposed design. Written justification shall be presented
as to why individual trees or canopy must be removed. The report shall also detail proposed on‐site
mitigation options or off‐site alternatives, as detailed below.
(5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas,
preserved trees, and the physical limits of all protective measures on site required during construction.
(6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with
removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban
Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree
preservation plans shall not be required to submit analysis report.
(7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation
Easements for the added protection of trees preserved to meet percent minimum canopy
requirements or trees planted, in those instances where such would be of mutual benefit to the
applicant and the City of Fayetteville.
(I) Request for On‐Site Mitigation.
(1) Timing of Request for On‐Site Mitigation. Requests to remove trees below the percent minimum
canopy requirement must be incorporated with the applicant's tree preservation plan.
(2) Plan Requirements. The tree preservation plan must graphically represent the species and location for
all existing trees on‐site. It shall also include a chart clearly stating the following information:
(a) The number of trees requested for removal;
(b) The percentage below the percent minimum canopy requirement they represent; and
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(c) The species and number of trees to be planted based on the forestation requirements below.
(3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or
landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape
Manual.
(4) Forestation Requirements. The number and species of trees required for forestation shall be based
upon the quality of the canopy lost:
(a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy
required, the canopy square footage removed shall be forested at a base density of two hundred
(200), 2‐inch caliper trees per acre removed.
(b) Low Priority Canopy. When removing low priority canopy below the percent minimum required,
the canopy square footage removed shall be forested at a base density of one hundred (100), 2‐
inch caliper trees per acre removed.
(5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be
accomplished by forestation on a per acre basis. The base density formula used above is based on 2‐
inch caliper trees. However, the urban forester may approve the use of trees with less than 2‐inch
caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases,
the number of trees to be planted may be adjusted in accordance with the species table to be found in
the City of Fayetteville Tree Preservation, Protection, and Landscape Manual.
(6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars,
when available, or selected from the list of preferred tree species set forth in the City of Fayetteville
Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the
amount of space available for proper growth on the site, and must be approved by the Urban Forester.
(7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the
environmental benefits of canopy cover are most likely to offset the impact of development. Trees
shall not be placed within utility easements, or in other locations where their future protection cannot
be assured.
(8) Residential On‐Site Mitigation. Applicants requesting on‐site mitigation for residential developments
shall comply with all the provisions of §167.04(I), as well as the following:
(a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees
based on the forestation requirements as set forth at §167.04(I)(4).
(b) All plans requesting residential on‐site mitigation shall include a binding three (3) year
maintenance and monitoring plan, which shall hold the applicant responsible for the health of all
planted trees.
(i) Approval of a plan requesting residential on‐site mitigation shall be contingent upon the
applicant depositing with the city an irrevocable letter of credit in an amount equal to the
estimated cost of materials and labor for all trees at the time of planting. The irrevocable
letter of credit must cover the entire three (3) year maintenance and monitoring period.
Applicant shall submit cost estimates to the Urban Forester for approval.
(ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester
shall inspect the site and determine whether 90% of the trees are healthy and have a
reasonable chance of surviving to maturity. Upon such a finding, the city shall release the
letter of credit.
(iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or
dead trees, or take other appropriate action as approved by the Urban Forester. If the
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applicant does not take remedial steps to bring the property into compliance, the city shall
use the necessary moneys from the landscape establishment guarantee to do so.
(iv) In the event trees are injured or destroyed by natural disasters, including but not limited
to, tornadoes, straight‐line winds, ice storms, fire, floods, hail, or lightning strikes, or
through the independent actions of third parties, the applicant shall be relieved of the
responsibility of replanting the tree or trees so affected.
(c) Developers requesting mitigation trees be planted along the street right‐of‐way of residential
developments shall submit a landscape plan that complies with the standards outlined in the City
of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new
trees planted are of the highest quality, require low maintenance, and do not interfere with
public safety. The species of trees to be planted shall be selected from the approved street tree
species list, or be otherwise specifically approved by the Urban Forester. The applicant's
mitigation plan for planting street trees shall describe in detail the method for tracking the
development of the individual lots, which shall best ensure that required number and species of
mitigation trees are planted.
(9) Request for On‐Site Mitigation Alternatives (Green Roofs or Green Façades).
(a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious
area and limited space for planting trees to use on‐site mitigation alternatives to meet the
mitigation requirements and still contribute beneficial plant materials that provide positive
ecosystem services.
(b) Applicability. On‐Site Mitigation Alternatives shall only be allowed as alternatives to planting
trees in form‐based zoning districts that allow for mixed‐use and do not have a building area
maximum requirement. On‐Site Mitigation Alternatives may not be utilized on sites that have
adequate space to meet landscape requirements.
(c) Timing of Request for On‐Site Mitigation Alternatives. Requests for on‐site alternatives must be
incorporated and submitted concurrently with the applicant's tree preservation plan.
(d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant
species with deeper root systems.
(e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant
species with shallow root systems.
(f) Green Façade. A green façade is created by growing climbing plants up and across the façade of a
building, either from plants grown directly in the ground or a large container of at least 12 inches
of soil medium. Plants can attach directly to the building or be supported with a 12‐inch by 12‐
inch trellis system connected to the building.
(g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof,
intensive green roof, and green façade in lieu of a mitigation tree shall be based from square
footage of tree canopy.
(i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 2.5 square feet of extensive green roof.
(ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 1.4 square feet of intensive green roof.
(iii) The calculation for a green façade shall be done based from a ratio of 1 square foot of tree
canopy to 2.5 square feet of green façade.
(J) Request for Off‐Site Alternatives.
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(1) Timing of Request for Off‐Site Alternatives. Requests for off‐site alternatives must be incorporated in,
and submitted concurrently with the applicant's tree preservation plan.
(2) Off‐Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or
greater amount of canopy cover at a site within the city limits.
(3) Off‐Site Forestation.
(a) If off‐site preservation cannot be achieved, the applicant may seek approval from the Urban
Forester to plant the required number of trees on another site owned by the applicant and
located within the city limits. A tree preservation easement must be conveyed concurrently with
or prior to submission of a final plat by the applicant to the city to protect any off‐site
preservation or forestation and the legal description of the tree preservation easement shall also
appear on the final plat.
(b) An applicant may plant and maintain mitigation trees needed for the applicant's development as
to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city
park or public right‐of‐way if expressly approved by City Council resolution. The City Council shall
seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about
the advisability of forestation of the nearby city park and may apply express conditions including
requiring irrigation to be installed and regular maintenance to be performed by the applicant.
(4) Tree Escrow Account. Tree preservation on‐site is always the preferred option, with on‐site mitigation,
off‐site preservation, off‐site forestation, and on‐site mitigation alternatives to be considered in
descending order only if the more preferred option cannot be fully achieved. If none of these options
can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the
developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base
Density requirements which fairly represents the costs of material and labor to plant a tree. The
developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to
ensure each tree survives for that period of time. Tree planting and maintenance costs should be
reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and
maintenance for three (3) years.
(a) Residential developments which cannot achieve the base density tree requirements through
preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the
money paid into the Tree Escrow Account to plant trees within the development along rights‐of‐
way, detention ponds, common areas or other areas where trees can be protected and have a
high probability of survival to a mature tree. This shall be accomplished once the development is
built out or as approved by the Urban Forester.
(b) Money contributed in lieu of on‐site mitigation or off‐site forestation shall be paid prior to
issuance of a building permit on all commercial, industrial, or multi‐family residential buildings
and prior to final plat acceptance for all residential and non‐residential subdivisions.
(c) Money contributed under this section:
(i) May be used for canopy mitigation, including planting site identification, tree acquisition,
planting, and maintenance, utilizing either city staff or contract labor;
(ii) Shall not revert to the general fund for ongoing operations.
(d) If it is not possible to plant trees within the development, planting locations will be sought in
appropriate sites within a 1 mile radius of where the original project is located, but if this cannot
be achieved, the moneys shall be used to plant the trees in the park quadrant in which the
development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban
forest analysis should be consulted when identifying appropriate locations to plant escrow
funded trees.
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(e) The City of Fayetteville shall refund the portion of the money contributed under this section,
including the accrued interest that has not been expended seven (7) years from the date of the
contribution. Interest shall be based on a 4% annual rate.
(f) Refunds shall be paid to the applicant who made the original contribution.
(g) Notice of the right to a refund, including the amount of the refund and the procedure for
applying for and receiving the refund, shall be sent or served in writing to the applicant no later
than thirty (30) days after the date which the refund becomes due. The sending by regular mail of
the notices to the applicant shall be sufficient to satisfy the requirement of notice.
(h) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90)
days after the date certain upon which the refund becomes due.
(i) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the
applicant with written notice of those circumstances under which refunds of such fees will be
made. Failure to deliver such written notice shall not invalidate any contribution to the Tree
Escrow Account under this ordinance.
(K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all
recommendations or administrative determinations made regarding an applicant's tree preservation plan.
(1) The form shall clearly indicate whether the Urban Forester is making a final administrative
determination, or a recommendation to the Planning Commission or City Council.
(2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or
"CONDITIONALLY APPROVED," and explain the reasoning therefore.
(3) A statement shall appear on the form explaining the process by which a final administrative
determination may be appealed in accordance with Chapter 155 of the Unified Development Code.
(4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the
permanent file for the project.
(L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation
Easements.
(1) Large scale developments, large scale site improvements, and commercial preliminary plats are
required to dedicate a tree preservation easement, if any existing tree are to be preserved. The tree
preservation easement shall be the size of the minimum canopy preservation requirement, if possible.
If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate
the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement
that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors,
assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and
extent of approved tree preservation easements which shall be clearly depicted and noted on the
easement plats for large scale developments, large scale site improvements, commercial final plats,
and any plats with a tree preservation easement. This shall be accompanied by a narrative statement
describing the nature of the protection afforded, and bearing the signature of the Urban Forester. If it
is impractical to include the actual depiction of the canopy in a tree preservation easement on the
easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice.
(2) The geographic extent and location of tree preservation easements, once recorded, may only be
modified, or abolished with the express approval of the City Council. Applicants requesting such action
shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is
in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester,
who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council
meeting.
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(3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation
easement shall seek prior approval from the Urban Forester, who shall determine if such removal is
consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter.
Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester
determines that natural replacements of sufficient health and vigor are already present in the tree
preservation easement.
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174.10 On‐Site Freestanding Signs
On‐Site Freestanding signs shall be permitted to be erected in the city subject to the following:
Only one (1) freestanding sign shall be permitted on a lot, except where otherwise described herein. It shall be
unlawful to erect any off‐site freestanding sign or any freestanding sign that does not meet the sign type, size,
display surface area, setback, height, or illumination as described herein.
(A) Pole Signs. The following regulations pertain to signs identified as "pole signs". It shall be unlawful to erect
any pole sign which total height is greater than 17.5 feet, unless further limited herein, above the level of the
street upon which the sign faces; provided the pole supported sign may be increased in height ½ foot for
every foot of additional setback beyond the required 15 feet from the right‐of‐way with a maximum height
of 30 feet. On‐site pole signs shall be permitted to be erected in the city subject to the following:
(1) R‐A District.
(a) Number of Signs. Only one (1) pole sign shall be permitted at an agricultural or permitted
business located on one (1) or more adjoining lots.
(b) Display Surface Area. The maximum display surface area shall not exceed 16 square feet.
(c) Illumination. Sign may be illuminated by indirect illumination only.
(d) Setback from Right‐of‐Way. Sign shall be setback 35 feet from street right‐of‐way and 25 feet
from any R or R‐O District.
(2) RSF, RI, and CCR Districts. Except pursuant to §174.03, pole signs shall be prohibited and no pole signs
shall be erected in RSF, RI, and CCR Districts of the City.
(3) RMF, R‐O, NC, NS, and UN Districts.
(a) Number of Signs. Only one (1) on‐site freestanding sign shall be permitted on a lot or at a
business operating on two (2) or more adjoining lots.
(b) Display Surface Area. The maximum display surface area shall not exceed 4 square feet;
(c) Setback from Right‐of‐Way. The sign shall be setback a minimum of 15 feet from street right‐of‐
way.
(d) Setback from Adjoining Property. The sign shall be setback a minimum of 25 feet from the
boundary of any RSF District and 15 feet from all other zoning districts.
(e) Height. The height of the sign shall not be greater than six (6) feet above the level of the street
upon which the sign faces.
(f) Illumination. The sign shall be illuminated by indirect illumination only.
(4) C, I, DG, MSC, DC, CS, P‐1, UC, and UT Districts.
(a) Number of signs. Only one (1) pole sign shall be permitted on a lot, at a shopping center, or at a
mall; provided only one (1) on‐site pole sign shall be permitted for any business operating on two
(2) or more adjoining lots.
(b) Display Surface Area and Setback from Right‐of‐Way. The display surface area shall not exceed 10
square feet and shall be setback 15 feet or more from the right‐of‐way; provided, the display
surface area may be increased 2 square feet for each 1 foot of additional setback from the right‐
of‐way beyond 15 feet; provided further, the maximum display surface area for a sign which is
setback from the street right‐of‐way 40 feet or more shall be 75 square feet.
Page 2 of 4
(c) Setback from Adjoining Property. Setback shall be a minimum of 25 feet from the boundary of
any adjoining property.
(B) Monument Sign. The following regulations pertain to signs identified as "monument signs", which are
freestanding signs whose entire base is in contact with and supported by the ground.
(1) Number of Signs. Where a monument sign is permitted, only one (1) sign shall be erected on a lot or at
a business operating on two (2) or more adjoining lots.
(2) Display Surface Area.
(a) RSF and RI Districts. Prohibited on individual lots.
(b) NC District. Where a conditional use permit has been approved for a nonresidential use within
the Neighborhood Conservation zoning district the display surface area of the monument sign
shall not exceed 10 square feet.
(c) NS, RMF, UN, and CCR Districts. The display surface area shall not exceed 16 square feet.
(d) R‐A District. The display surface area shall not exceed 32 square feet.
(e) R‐O Districts. The display surface area shall not exceed 50 square feet.
(f) C, I, DG, MSC, DC, CS, P‐1, UC, and UT Districts. The display surface area shall not exceed 75
square feet.
(3) Setback from right‐of‐way. The sign shall be setback a minimum of 10 feet from the right‐of‐way.
(4) Setback from Adjoining Property Lines. The sign shall be setback a minimum of 25 feet from the
boundary of any RSF district and 15 feet from all other zoning districts.
(5) Height. The maximum height of a sign shall be 6 feet from the surrounding grade.
(C) Joint Identification Sign. The following regulations pertain to signs identified as joint identification signs:
Joint identification signs must provide area for the display of a minimum of two (2) person(s) or business(s)
and may be located at no more than two (2) remote entrance locations, as approved by the Planning
Division. The permit applicant shall provide a recorded legal document as approved by the Planning Division
indicating ownership and responsibility for maintenance of sign and subject to the following:
(1) R‐A, RSF, RI, RMF, P, NC, NS, UN, and CCR Districts. Prohibited.
(2) R‐O District. Monument joint identification sign permitted only.
(a) Display Surface Area. Display surface area shall not exceed 50 square feet.
(b) Setback from Right‐of‐Way. Signs shall be setback a minimum of 10 feet from the right‐of‐way.
(c) Setback from Adjoining Property. Setback shall be a minimum of 10 feet from adjoining non‐
residential property and 25 feet from adjoining residential property.
(d) Height. The maximum height of a sign shall be six (6) feet from the surrounding grade.
(3) C, I, DG, MSC, DC, CS, UC, and UT Districts.
(a) Monument. The following regulations apply to a monument joint identification sign, whose entire
base is in contact with and supported by the ground:
(i) Multi‐tenant Building Containing 37,500 Square Feet or Less of Leasable Tenant Space:
a. Display Surface Area and Setback from Right‐of‐Way. Display surface area shall
not exceed 75 square feet and the sign shall be setback 10 feet or more from
the right‐of‐way.
Page 3 of 4
b Height. The maximum height of a sign shall be six (6) feet above the level of the
surrounding grade.
(ii) Multi‐Tenant Building Containing More Than 37,500 Square Feet:
a. Display Surface Area. Display surface area shall not exceed 75 square feet;
provided the display surface area of a joint identification signs may be
increased one additional square foot per 500 square feet of gross leaseable
building area over 37,500 square feet, as approved by the Planning Division.
Total display surface area shall not exceed 300 square feet.
b. Height and Setback from Right‐of‐Way. The maximum height of the sign shall
be 6 feet above the level of the surrounding grade when setback 10 feet or
more from the right‐of‐way; provided, the maximum height of the sign may
increase to 10 feet above the surrounding grade when setback 20 feet or more
from the right‐of‐way.
c. Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet
from the boundary of any adjoining property.
(b) Pole. The following regulations apply to pole‐mounted joint identification signs:
(i) Display Surface Area and setback from Right‐of‐Way. The display surface area shall not
exceed 10 square feet and shall be setback 15 feet or more from the right‐of‐way;
provided, the display surface area may be increased 2 square feet for each 1 foot of
additional setback from the right‐of‐way beyond 15 feet; provided further, the maximum
display surface area for a sign which is setback from the street right‐of‐way 40 feet or more
shall be 75 square feet.
a. Exception. Display surface area shall not exceed 75 square feet, provided the
display surface area of joint identification signs may be increased one
additional square foot per 500 square feet of gross leaseable building area over
37,500 square feet, as approved by the Planning Division. Total display surface
area shall not exceed 300 square feet.
(ii) Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet from the
boundary of any adjoining property.
(iii) Height. The height of a sign shall be a maximum of 17.5 feet, provided the pole‐mounted
sign may be increased in height ½ foot for every foot of additional setback beyond the
required 15 feet from the right‐of‐way with a maximum height of 30 feet.
(D) Area signs. The location of the fence, wall, or other structure which will contain the area identification sign
must be approved by the Planning Division, which will approve such structure upon the criterion of traffic
safety sight lines. Area signs shall not be located within the Master Street Plan right‐of‐way.
(1) R‐A, RSF, RI, RMF, NC, NS, R‐O, UN, and CCR Districts.
(a) Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with
more than one (1) entrance may not have a sign at more than two (2) locations.
(b) Display Surface Area. An area sign with display on one (1) side located on each side of an
entrance street may be substituted for a single sign with display on both sides. The display
surface area shall not exceed 32 square feet.
(2) C, I, DG, MSC, DC, CS, P‐1, UC, and UT Districts.
(a) Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with
more than one (1) entrance may not have a sign at more than two (2) locations.
Page 4 of 4
(b) Display Surface Area. An area sign with display on one (1) side located on each side of an
entrance street may be substituted for a single sign with display on both sides. The display
surface area shall not exceed 75 square feet.
(E) Bulletin Boards. The following regulations pertain to signs identified as "bulletin boards", which are erected
for the purposes of announcing events which are held on the premises:
(1) RSF, RI, NC, and CCR Districts. Where a conditional use permit has been approved for a charitable,
educational, or religious institution or a public body within these districts, the following limitations
shall apply:
(a) Number of Signs. Only one (1) on‐site bulletin board shall be permitted on a lot or for a use
operating on two (2) or more adjoining lots.
(b) Display Surface Area. Monument sign only, with a display surface area not to exceed 16 square
feet.
(c) Setback from Right‐of‐Way. The bulletin board shall be setback a minimum of 10 feet from the
street right‐of‐way.
(d) Setback from Adjoining Properties. The sign shall be setback a minimum of 25 feet from the
boundary of any RSF district and 15 feet from all other zoning districts.
(e) Height.The height of the bulletin board shall not be greater than 6 feet above the level of the
street upon which the sign faces.
(f) llumination. Electronic message boards shall be prohibited.
Page 1 of 2
174.12 Wall Signs
Wall signs shall not project more than 18 inches from the surface upon which they are mounted. The upper edge
of a wall sign mounted on a mansard roof may project more than 18 inches so long as the sign is perpendicular to
the ground. The allowable display surface area of a wall sign is determined by the wall on which it is located.
(A) NC, RSF, RI and CCR Districts. Where a conditional use permit has been approved for a nonresidential use
within these zoning districts, the following limitations shall apply:
(1) Number of Signs. Limit of one (1) on‐site wall sign per business per building; provided, when a building
abuts more than one street, the limit shall be one (1) on‐site wall sign per business per building for
each wall which faces an abutting street. In no case shall a business have more than one wall sign on
any one (1) wall.
(2) Display Surface Area. Display surfaces of each sign shall not exceed 8 square feet.
(3) Illumination. The color of the sign shall be compatible with the colors of the structure, and only indirect
external lighting is permitted.
(4) Exceptions:
(a) Home Occupations. Signage for a home occupation in an RSF districts shall be prohibited except
where it is required by the applicable licensing board, subject to proof of said requirement.
(B) RMF Districts.
(1) Number of Signs. Limit of one (1) on‐site wall sign per business per building; provided, when a building
abuts more than one (1) street, the limit shall be one (1) on‐site wall sign per business per building for
each wall which faces an abutting street. In no case shall a business have more than one (1) wall sign
on any wall.
(2) Display Surface Area. Display surfaces of each sign shall not exceed 16 square feet.
(C) R‐A, R‐O, NS, and UN Districts.
(1) Number of signs. Limit of two (2) on‐site wall signs per business per building. In no case shall a business
have more than one (1) wall sign on any wall.
(2) Display Surface Area. The display surface area of a sign shall not exceed 16 square feet where the wall
adjoins a residential land use, or 50 square feet where the wall adjoins a nonresidential land use, or
street right‐of‐way.
(D) C, I, DG, MSC, DC, CS, P‐1, UC, and UT Districts.
(1) Number of Signs.
(a) Single Tenant. Where a building houses only one (1) business, a maximum of four (4) wall signs
may be placed on one wall, but no more than four (4) wall signs may be placed on the building.
(b) Multiple Tenants. Where a building houses more than one business, each business shall be
entitled to a maximum of one (1) wall sign per business on each wall of the building, with a
maximum of four (4) total wall signs per business per building. In no case shall a business have
more than one (1) wall sign on any wall.
(2) Display Surface Area.
(a) Single Tenant. The display surface area shall not exceed 20% of the first 1,000 square feet of wall
area and 5% of any additional wall area.
Page 2 of 2
(b) Multiple Tenants. Where a building houses more than one (1) business, the display surface area
of each tenant's allowable wall sign(s) shall not exceed 150 square feet. Furthermore, the display
surface area for all wall signs on any one wall may not exceed 20% of that total wall area.
(E) Off‐Site Wall Signs. Off‐site wall signs shall be prohibited in all zoning districts.
Page 1 of 1
160.01 Establishment Of Districts
The following zoning districts are hereby established:
ZONING DISTRICTS
R‐A Residential ‐ Agricultural
RSF‐.5 Residential Single‐family ‐ One‐Half (½) Unit per Acre
RSF‐1 Residential Single‐family ‐ One (1) Unit per Acre
RSF‐2 Residential Single‐family ‐ Two (2) Units per Acre
RSF‐4 Residential Single‐family ‐ Four (4) Units per Acre
RSF‐7 Residential Single‐family ‐ Seven (7) Units per Acre
RSF‐8 Residential Single‐family ‐ Eight (8)Units per Acre
RSF‐18 Residential Single‐family ‐ Eighteen (18) Units per Acre
RI Residential Intermediate, Twelve (12) Units Per Acre
RI‐U Residential Intermediate ‐ Urban
RMF‐6 Residential Multi‐family ‐ Six (6) Units per Acre
RMF‐12 Residential Multi‐family ‐ Twelve (12) Units per Acre
RMF‐18 Residential Multi‐family ‐ Eighteen (18) Units per Acre
RMF‐24 Residential Multi‐family ‐ Twenty‐Four (24) Units per Acre
RMF‐40 Residential Multi‐family ‐ Forty (40) Units per Acre
R‐O Residential‐Office
NS‐L Neighborhood Services ‐ Limited
NS‐G Neighborhood Services ‐ General
C‐1 Neighborhood Commercial
CS Community Services
C‐2 Thoroughfare Commercial
C‐3 Central Business Commercial
UN Urban Neighborhood
UC Urban Corridor
UT Urban Thoroughfare
DC Downtown Core
MSC Main Street Center
DG Downtown General
NC Neighborhood Conservation
CCR Conservation, Cultural, and Recreation
I‐1 Heavy Commercial and Light Industrial
I‐2 General Industrial
P‐1 Institutional
E‐1 Extraction
DOD Design Overlay District
PZD Planned Zoning District
Page 1 of 2
164.25 Tandem Lot Development
(A) Where Allowed. Tandem lot development shall be permitted for a single‐family dwelling and customary
accessory structure and/or dwelling unit only and shall be permitted in all districts where single‐family
dwellings are permitted. The development of one (1) tandem lot behind another tandem lot shall be
prohibited.
(B) Requirements. Development of a tandem lot shall be subject to the following requirements:
(1) The tandem lot shall have access to a public street by way of a private drive with a minimum width and
specification, such as a vehicular turnaround, as determined by emergency response providers in
accordance with applicable local, state, and federal codes. The tandem lot owner shall be responsible
for maintaining said private drive so that emergency vehicles have safe access to the dwelling located
on the lot. Parking of vehicles in the designated private drive for emergency vehicle access shall not be
permitted. The tandem lot owner shall have title to, or a perpetual private easement in, the private
drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum
distance of 18 feet from said right‐of‐way in accordance with the driveway design standards in
Fayetteville Unified Development Code Chapter 172.
(2) The distance between the private drive of a tandem lot and any adjacent driveway shall not be less
than the minimum distance between curb cuts in Fayetteville Unified Development Code Chapter 166
Street Design and Access Management Standards.
(3) Solid waste service for the tandem lot shall be provided by customers placing standard residential
garbage carts, recycling bins, and yard waste at a designated collection point on trash day in
accordance with City of Fayetteville Code of Ordinances Chapter 50.20(B). The designated collection
point shall be identified at the time the tandem lot is created, in coordination with the City Solid Waste
Division. Garbage carts and recycling bins shall not be placed at the collection point more than twelve
(12) hours before or after regular trash pickup in accordance with Chapter 50.20(B).
(4) Lot Width and Area. The tandem lot, excluding the private drive, shall conform to the minimum lot
width and lot area requirements of the zoning district in which it is located, unless a variance is
otherwise granted by the Board of Adjustment.
(5) Setback. Each tandem lot shall have a minimum building setback requirement as follows:
(a) Tandem lots shall have a minimum building setback requirement of 35 feet from all property
lines in the R‐A, RSF‐.5, and RSF‐1, and CCR zoning districts.
(b) Tandem lots shall have a minimum building setback requirement of 30 feet from all property
lines in the RSF‐2 zoning district.
(c) Tandem lots shall have a minimum building setback requirement of 15 feet from all property
lines in the RSF‐4 and RSF‐7 zoning districts.
(d) Tandem lots shall have a minimum building setback requirement of 10 feet from all property
lines in the R‐O zoning district.
(e) Tandem lots shall have a minimum building setback requirement of 5 feet from all property lines
in the RSF‐8, RSF‐18, RI‐12, RI‐U, RMF‐6, RMF‐12, RMF‐18, RMF‐24, RMF‐40, NS‐L, NS‐G, CS, UN,
UC, UT, DC, MSC, DG, and NC zoning districts.
(f) Any variance to the minimum building setback requirement may only be granted by the Board of
Adjustment.
(C) Variances. Variances to the requirements in (B)(1)—(B)(3) of this section shall be administered as
development regulations to be considered by the Planning Commission. All other variances to zoning
Page 2 of 2
regulations, including those in (8)(4) and (B)(5), shall be administered as zoning regulations for variance
purposes.
Page 1 of 11
167.04 Tree Preservation And Protection During Development
(A) Applicability. The provisions of this section shall apply to proposed developments as defined by the Unified
Development Code as follows:
(1) Large Scale Developments.
(2) Large Site Improvement Plan.
(3) Small Site Improvement Plan.
(4) Preliminary Plat.
(5) Final Plat.
(6) Concurrent Plat.
(7) Planned Zoning Districts.
(8) Parking Lots. Tree preservation requirements apply to all permit applications for the construction of
parking lots with five (5) or more spaces. An abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for permits on projects that are required to go
through the subdivision or large scale development process.
(9) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District
shall submit a tree preservation plan with the preliminary plat or site plan. Single and two (2) family
residential development shall submit an abbreviated tree preservation and site plan at the time of
applying for a building permit.
(10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for grading permits on projects that are not
required to go through the development process.
(11) Building Permits. Tree preservation requirements apply to all permit applications for developments of
greater than 6,000 square feet of impervious area. An abbreviated tree preservation plan, as set forth
in §167.04(H)(3), shall be submitted with the application for building permits on projects that are not
required to go through the subdivision or large scale development process. There shall be no land
disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted
and approved, and the tree protection measures at the site inspected and approved.
(12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree
preservation plan or review from Urban Forestry.
(a) Persons seeking to construct 6,000 square feet or less of impervious area are specifically exempt
from the provisions of this section except when the land is located within the Hillside/Hilltop
Overlay District; then all the provisions of this ordinance shall apply.
(b) Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in
an enlargement of the building footprint or roof dripline shall not require an abbreviated tree
preservation plan.
(B) Tree Preservation Criteria. The Urban Forester shall consider the following factors, and any other relevant
information, when evaluating tree preservation plans:
(1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species.
(2) Whether the design incorporates the required tree preservation priorities.
(3) The extent to which the area would be subject to environmental degradation due to removal of the
tree or group of trees.
Page 2 of 11
(4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and
the property on which the tree or group of trees is located.
(5) Whether alternative construction methods have been proposed to reduce the impact of development
on existing trees.
(6) Whether the size or shape of the lot reduces the flexibility of the design.
(7) The general health and condition of the tree or group of trees, or the presence of any disease, injury,
or hazard.
(8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the
property.
(9) The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or
maintaining essential public utilities.
(10) Whether proposed roads and proposed utilities are designed in relation to the existing topography,
and routed, where possible, to avoid damage to existing canopy.
(11) Construction requirements of on‐site and off‐site drainage.
(12) The effects of proposed on‐site mitigation or off‐site alternatives.
(13) The effect other chapters of the Unified Development Code, or city policies have on the development
design.
(14) The extent to which development of the site and the enforcement of this chapter are impacted by
state and federal regulations.
(15) The impact a substantial modification or rejection of the application would have on the applicant.
*Note—The above items are not presented in any particular order of importance. The weight each is given will
depend in large part on the individual characteristics of each project.
(C) Canopy Area. In all proposed developments that are required to submit a tree preservation plan or
abbreviated tree preservation plan, trees shall be preserved as outlined in Table 1 under Percent Minimum
Canopy, unless the applicant has been approved for on‐site mitigation or off‐site alternatives as set forth in
§167.04(I) and (J) below. The square foot percentage of canopy area required for preservation in new
development is based on the total area of the property for which the applicant is seeking approval, less the
right‐of‐way and park land dedications. An applicant shall not be required to plant trees in order to reach the
percent minimum canopy requirement on land where less than the minimum exists prior to development.
Table 1
Minimum Canopy Requirements
ZONING DESIGNATIONS PERCENT
MINIMUM
CANOPY
R‐A, Residential — Agricultural (nonagricultural uses) 25%
RSF‐.5, Single‐family Residential — One‐Half Unit per Acre 25%
RSF‐1, Single‐family Residential — One Unit per Acre 25%
RSF‐2, Single‐family Residential — Two Units per Acre 20%
RSF‐4, Single‐family Residential — Four Units per Acre 25%
RSF‐7, Single‐family Residential — Seven Units per Acre 20%
RSF‐8, Single‐family Residential — Eight Units per Acre 20%
RSF‐18, Single‐family Residential — Eighteen Units per Acre 20%
R‐O, Residential — Office 20%
Page 3 of 11
RI‐12, Residential Intermediate — Twelve Units Per Acre 20%
RI‐U, Residential Intermediate — Urban 15%
RMF‐6, Multi‐family Residential — Six Units per Acre 20%
RMF‐12, Multi‐family Residential — Twelve Units per Acre 20%
RMF‐18, Multi‐family Residential — Eighteen Units per Acre 20%
RMF‐24, Multi‐family Residential — Twenty‐Four Units per Acre 20%
RMF‐40, Multi‐family Residential — Forty Units per Acre 20%
NS‐L, Neighborhood Services — Limited 20%
NS‐G, Neighborhood Services — General 20%
C‐1, Neighborhood Commercial 20%
CS, Community Services 20%
C‐2, Thoroughfare Commercial 15%
UN, Urban Neighborhood 15%
UC, Urban Corridor 20%
UT, Urban Thoroughfare 15%
C‐3, Central Business Commercial 15%
DC, Downtown Core 10%
MSC, Main Street Center 10%
DG, Downtown General 10%
NC, Neighborhood Conservation 20%
CCR, Conservation, Cultural, and Recreation 80%
I‐1, Heavy Commercial and Light Industrial 15%
I‐2, General Industrial 15%
P‐1, Institutional 25%
PZD, Planned Zoning District
(HHOD)
25%
(30%)
All residential zoning districts and C‐1 districts within the Hillside/Hilltop Overlay District shall have their percent
minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%.
(D) Prior Tree Removal.
(1) If trees have been removed below the required percent minimum canopy within the five (5) years
preceding application for a development, the site must be forested to meet the Percent Minimum
Canopy requirements set forth in Table 1, plus an additional 10% of the total area of the property for
which the applicant is seeking approval, less the right‐of‐way and park land dedications. The number of
trees required to be planted shall be calculated using the base density for high priority trees.
(2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees
were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of
this chapter, the additional 10% reforestation requirement shall be waived.
(E) Tree Preservation Priorities.
(1) Percent Minimum Canopy. Proposed designs must meet the percent minimum canopy requirements
for the particular zoning designation, emphasizing the preservation and protection of high priority
trees on the site. Trees in existing and not to be vacated utility easements shall not be counted toward
the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to
avoid existing canopy.
Page 4 of 11
(2) Existing Natural Features. Each design shall consider the existing natural features of the site, the
preservation priorities for the trees, and the impact their proposed removal may have both on and off‐
site.
(3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently
to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater
than or equal to an 8‐inch diameter at breast height for large and medium species of trees. High
priority for small species of trees is greater than or equal to a 4‐inch diameter. Low priority trees are
invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low
priority trees are less than an 8‐inch diameter at breast height for larger and medium species and less
than a 4‐inch diameter at breast height for smaller trees species.
(F) Tree Preservation Requirements for Proposed Residential and Non‐Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be located
in areas that have the least possibility of impact as public infrastructure and proposed utilities are
installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the
use and enjoyment of prospective lot owners. Residential developments requesting tree removal
below the percent minimum canopy requirement may choose either residential on‐site mitigation, or
to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be
vacated utility easements shall not be counted toward the percent minimum canopy requirement, and
such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent
minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for
the development of nonresidential developments. The Urban Forester shall recommend to the
Planning Commission the option that will potentially preserve the largest amount of high priority
canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(a) Preservation Plan for Entire Development. The developer may choose to preserve the percent
minimum canopy required for the entire development. With this option, the preserved canopy
shall be located in areas that will not be impacted by future development of the individual lots.
Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in
§167.04(L) below. Should the entire percent minimum canopy requirement for the site be so
protected, the preserved canopy shall be placed in a tree preservation easement and the final
plat shall include a statement that the individual lots, as represented thereon, shall not require
separate tree preservation plans.
(b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall
delineate the area required for the construction of the infrastructure and improvements for the
development. This area should include street rights‐of‐way, and utility and drainage easements.
Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate
percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal
of trees during the grading of individual lots, unless shown by the developer to be essential to the
project's engineering design. The developer will be required to compensate for the canopy
removed from defined individual lots by making the appropriate payment into the Tree Escrow
Account. On all other areas of the development, the developer shall protect the existing canopy
during the construction phase in accordance with §167.05 below. The final plat shall include a
statement that the individual lots shall require separate tree preservation plans.
(3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay
District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set
forth in §167.04(H)(3) indicating the location of the structure and the preservation of the minimum
tree canopy requirement.
Page 5 of 11
(4) Developers have the option of creating cluster development, such as a Planned Zoning District, which
would encourage more open space and tree preservation. In this pattern of development, the trees
preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead
of individual lots required to meet minimum percent requirements. The Tree Preservation Easements
shall be clearly depicted on easement plats or final plats.
(G) Initial Review.
(1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with
the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to
submitting a proposed development to the city. During the initial review, the Urban Forester shall
make recommendations to ensure the proposed subdivision or development complies with the
requirements of this chapter. These recommendations shall be nonbinding. However, applicants
proceed at the risk of higher costs and longer approval times due to changes required by a
noncompliant submittal should they choose not to have the initial review or to disregard the
recommendations of the Urban Forester.
(2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial
review meeting in the Tree Preservation and Protection staff report given to applicants going through
the development review process. If the applicant chooses to attend an initial review meeting, the staff
report shall also document any recommendations made. The Urban Forester shall ensure that a copy of
the report or email becomes part of the permanent file for the project.
(H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree
preservation criteria and percent minimum canopy requirements as set forth under §167.04(B) and (C).
(1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree
preservation analysis to determine the approximate age, health, size and species distribution of the
trees, noting each on a tree preservation plan, and clearly showing the locations and types of all
natural features on a site, including features 100 feet beyond the property lines. The tree preservation
plan shall also specifically depict the applicable preservation priority level for each tree or group of
trees on the site. The plan should include, but not be limited to, delineation of the following features as
they exist on the site:
(a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the
natural drainage patterns;
(b) The property line boundaries of the site;
(c) Soils identified according to the Unified Soil Classification System;
(d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and
Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species,
diameter at breast height (DBH), and the overall health of each significant tree;
(e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species,
average height, diameter at breast height (DBH), and general health of the trees.
(f) All existing utilities and utility easements;
(g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist
on the site or within 100 feet of the limits of disturbance;
(h) Floodplains and floodways on the site;
(i) All existing rights‐of‐way within and surrounding the project site, including any designated trails
or bike paths; and,
(j) Any other factors that may impact the design of the site.
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(2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements,
and delineate in the tree preservation plan the trees to be retained on‐site, and the measures to be
implemented for their protection. These measures shall include, but need not be limited to, fencing,
limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly
depict the limits of soil disturbance to include all areas to be graded both on and off‐site, as well as the
proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation,
Protection and Landscape Manual for details, examples and specific checklists. Examples can be
provided upon request to the Urban Forester.
(3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for
between 6,001 to 10,000 square feet of impervious area that require building permits, grading, or
parking lot permits, but that do not fall under the requirements for developments required to go
through the development review process of Technical Plat Review Committee, Subdivision Committee
and Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The
information for an abbreviated tree preservation plan may be combined with the site plan, plat
drawing, or grading plan. The applicant is expected to show the general location of all existing groups
of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all
areas to be graded, both on and off‐site, as well as the proposed location of utilities. Protective
measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be
depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before
applying for any of the above‐mentioned permits. The applicant should consult the City of Fayetteville
Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants
submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor
shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated
tree preservation plan.
(4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not
met. The report shall detail the design approaches used to minimize damage to or removal of existing
canopy that were considered in arriving at the proposed design. Written justification shall be presented
as to why individual trees or canopy must be removed. The report shall also detail proposed on‐site
mitigation options or off‐site alternatives, as detailed below.
(5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas,
preserved trees, and the physical limits of all protective measures on site required during construction.
(6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with
removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban
Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree
preservation plans shall not be required to submit analysis report.
(7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation
Easements for the added protection of trees preserved to meet percent minimum canopy
requirements or trees planted, in those instances where such would be of mutual benefit to the
applicant and the City of Fayetteville.
(I) Request for On‐Site Mitigation.
(1) Timing of Request for On‐Site Mitigation. Requests to remove trees below the percent minimum
canopy requirement must be incorporated with the applicant's tree preservation plan.
(2) Plan Requirements. The tree preservation plan must graphically represent the species and location for
all existing trees on‐site. It shall also include a chart clearly stating the following information:
(a) The number of trees requested for removal;
(b) The percentage below the percent minimum canopy requirement they represent; and
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(c) The species and number of trees to be planted based on the forestation requirements below.
(3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or
landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape
Manual.
(4) Forestation Requirements. The number and species of trees required for forestation shall be based
upon the quality of the canopy lost:
(a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy
required, the canopy square footage removed shall be forested at a base density of two hundred
(200), 2‐inch caliper trees per acre removed.
(b) Low Priority Canopy. When removing low priority canopy below the percent minimum required,
the canopy square footage removed shall be forested at a base density of one hundred (100), 2‐
inch caliper trees per acre removed.
(5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be
accomplished by forestation on a per acre basis. The base density formula used above is based on 2‐
inch caliper trees. However, the urban forester may approve the use of trees with less than 2‐inch
caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases,
the number of trees to be planted may be adjusted in accordance with the species table to be found in
the City of Fayetteville Tree Preservation, Protection, and Landscape Manual.
(6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars,
when available, or selected from the list of preferred tree species set forth in the City of Fayetteville
Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the
amount of space available for proper growth on the site, and must be approved by the Urban Forester.
(7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the
environmental benefits of canopy cover are most likely to offset the impact of development. Trees
shall not be placed within utility easements, or in other locations where their future protection cannot
be assured.
(8) Residential On‐Site Mitigation. Applicants requesting on‐site mitigation for residential developments
shall comply with all the provisions of §167.04(I), as well as the following:
(a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees
based on the forestation requirements as set forth at §167.04(I)(4).
(b) All plans requesting residential on‐site mitigation shall include a binding three (3) year
maintenance and monitoring plan, which shall hold the applicant responsible for the health of all
planted trees.
(i) Approval of a plan requesting residential on‐site mitigation shall be contingent upon the
applicant depositing with the city an irrevocable letter of credit in an amount equal to the
estimated cost of materials and labor for all trees at the time of planting. The irrevocable
letter of credit must cover the entire three (3) year maintenance and monitoring period.
Applicant shall submit cost estimates to the Urban Forester for approval.
(ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester
shall inspect the site and determine whether 90% of the trees are healthy and have a
reasonable chance of surviving to maturity. Upon such a finding, the city shall release the
letter of credit.
(iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or
dead trees, or take other appropriate action as approved by the Urban Forester. If the
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applicant does not take remedial steps to bring the property into compliance, the city shall
use the necessary moneys from the landscape establishment guarantee to do so.
(iv) In the event trees are injured or destroyed by natural disasters, including but not limited
to, tornadoes, straight‐line winds, ice storms, fire, floods, hail, or lightning strikes, or
through the independent actions of third parties, the applicant shall be relieved of the
responsibility of replanting the tree or trees so affected.
(c) Developers requesting mitigation trees be planted along the street right‐of‐way of residential
developments shall submit a landscape plan that complies with the standards outlined in the City
of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new
trees planted are of the highest quality, require low maintenance, and do not interfere with
public safety. The species of trees to be planted shall be selected from the approved street tree
species list, or be otherwise specifically approved by the Urban Forester. The applicant's
mitigation plan for planting street trees shall describe in detail the method for tracking the
development of the individual lots, which shall best ensure that required number and species of
mitigation trees are planted.
(9) Request for On‐Site Mitigation Alternatives (Green Roofs or Green Façades).
(a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious
area and limited space for planting trees to use on‐site mitigation alternatives to meet the
mitigation requirements and still contribute beneficial plant materials that provide positive
ecosystem services.
(b) Applicability. On‐Site Mitigation Alternatives shall only be allowed as alternatives to planting
trees in form‐based zoning districts that allow for mixed‐use and do not have a building area
maximum requirement. On‐Site Mitigation Alternatives may not be utilized on sites that have
adequate space to meet landscape requirements.
(c) Timing of Request for On‐Site Mitigation Alternatives. Requests for on‐site alternatives must be
incorporated and submitted concurrently with the applicant's tree preservation plan.
(d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant
species with deeper root systems.
(e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant
species with shallow root systems.
(f) Green Façade. A green façade is created by growing climbing plants up and across the façade of a
building, either from plants grown directly in the ground or a large container of at least 12 inches
of soil medium. Plants can attach directly to the building or be supported with a 12‐inch by 12‐
inch trellis system connected to the building.
(g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof,
intensive green roof, and green façade in lieu of a mitigation tree shall be based from square
footage of tree canopy.
(i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 2.5 square feet of extensive green roof.
(ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 1.4 square feet of intensive green roof.
(iii) The calculation for a green façade shall be done based from a ratio of 1 square foot of tree
canopy to 2.5 square feet of green façade.
(J) Request for Off‐Site Alternatives.
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(1) Timing of Request for Off‐Site Alternatives. Requests for off‐site alternatives must be incorporated in,
and submitted concurrently with the applicant's tree preservation plan.
(2) Off‐Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or
greater amount of canopy cover at a site within the city limits.
(3) Off‐Site Forestation.
(a) If off‐site preservation cannot be achieved, the applicant may seek approval from the Urban
Forester to plant the required number of trees on another site owned by the applicant and
located within the city limits. A tree preservation easement must be conveyed concurrently with
or prior to submission of a final plat by the applicant to the city to protect any off‐site
preservation or forestation and the legal description of the tree preservation easement shall also
appear on the final plat.
(b) An applicant may plant and maintain mitigation trees needed for the applicant's development as
to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city
park or public right‐of‐way if expressly approved by City Council resolution. The City Council shall
seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about
the advisability of forestation of the nearby city park and may apply express conditions including
requiring irrigation to be installed and regular maintenance to be performed by the applicant.
(4) Tree Escrow Account. Tree preservation on‐site is always the preferred option, with on‐site mitigation,
off‐site preservation, off‐site forestation, and on‐site mitigation alternatives to be considered in
descending order only if the more preferred option cannot be fully achieved. If none of these options
can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the
developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base
Density requirements which fairly represents the costs of material and labor to plant a tree. The
developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to
ensure each tree survives for that period of time. Tree planting and maintenance costs should be
reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and
maintenance for three (3) years.
(a) Residential developments which cannot achieve the base density tree requirements through
preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the
money paid into the Tree Escrow Account to plant trees within the development along rights‐of‐
way, detention ponds, common areas or other areas where trees can be protected and have a
high probability of survival to a mature tree. This shall be accomplished once the development is
built out or as approved by the Urban Forester.
(b) Money contributed in lieu of on‐site mitigation or off‐site forestation shall be paid prior to
issuance of a building permit on all commercial, industrial, or multi‐family residential buildings
and prior to final plat acceptance for all residential and non‐residential subdivisions.
(c) Money contributed under this section:
(i) May be used for canopy mitigation, including planting site identification, tree acquisition,
planting, and maintenance, utilizing either city staff or contract labor;
(ii) Shall not revert to the general fund for ongoing operations.
(d) If it is not possible to plant trees within the development, planting locations will be sought in
appropriate sites within a 1 mile radius of where the original project is located, but if this cannot
be achieved, the moneys shall be used to plant the trees in the park quadrant in which the
development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban
forest analysis should be consulted when identifying appropriate locations to plant escrow
funded trees.
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(e) The City of Fayetteville shall refund the portion of the money contributed under this section,
including the accrued interest that has not been expended seven (7) years from the date of the
contribution. Interest shall be based on a 4% annual rate.
(f) Refunds shall be paid to the applicant who made the original contribution.
(g) Notice of the right to a refund, including the amount of the refund and the procedure for
applying for and receiving the refund, shall be sent or served in writing to the applicant no later
than thirty (30) days after the date which the refund becomes due. The sending by regular mail of
the notices to the applicant shall be sufficient to satisfy the requirement of notice.
(h) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90)
days after the date certain upon which the refund becomes due.
(i) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the
applicant with written notice of those circumstances under which refunds of such fees will be
made. Failure to deliver such written notice shall not invalidate any contribution to the Tree
Escrow Account under this ordinance.
(K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all
recommendations or administrative determinations made regarding an applicant's tree preservation plan.
(1) The form shall clearly indicate whether the Urban Forester is making a final administrative
determination, or a recommendation to the Planning Commission or City Council.
(2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or
"CONDITIONALLY APPROVED," and explain the reasoning therefore.
(3) A statement shall appear on the form explaining the process by which a final administrative
determination may be appealed in accordance with Chapter 155 of the Unified Development Code.
(4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the
permanent file for the project.
(L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation
Easements.
(1) Large scale developments, large scale site improvements, and commercial preliminary plats are
required to dedicate a tree preservation easement, if any existing tree are to be preserved. The tree
preservation easement shall be the size of the minimum canopy preservation requirement, if possible.
If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate
the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement
that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors,
assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and
extent of approved tree preservation easements which shall be clearly depicted and noted on the
easement plats for large scale developments, large scale site improvements, commercial final plats,
and any plats with a tree preservation easement. This shall be accompanied by a narrative statement
describing the nature of the protection afforded, and bearing the signature of the Urban Forester. If it
is impractical to include the actual depiction of the canopy in a tree preservation easement on the
easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice.
(2) The geographic extent and location of tree preservation easements, once recorded, may only be
modified, or abolished with the express approval of the City Council. Applicants requesting such action
shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is
in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester,
who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council
meeting.
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(3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation
easement shall seek prior approval from the Urban Forester, who shall determine if such removal is
consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter.
Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester
determines that natural replacements of sufficient health and vigor are already present in the tree
preservation easement.
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174.10 On‐Site Freestanding Signs
On‐Site Freestanding signs shall be permitted to be erected in the city subject to the following:
Only one (1) freestanding sign shall be permitted on a lot, except where otherwise described herein. It shall be
unlawful to erect any off‐site freestanding sign or any freestanding sign that does not meet the sign type, size,
display surface area, setback, height, or illumination as described herein.
(A) Pole Signs. The following regulations pertain to signs identified as "pole signs". It shall be unlawful to erect
any pole sign which total height is greater than 17.5 feet, unless further limited herein, above the level of the
street upon which the sign faces; provided the pole supported sign may be increased in height ½ foot for
every foot of additional setback beyond the required 15 feet from the right‐of‐way with a maximum height
of 30 feet. On‐site pole signs shall be permitted to be erected in the city subject to the following:
(1) R‐A District.
(a) Number of Signs. Only one (1) pole sign shall be permitted at an agricultural or permitted
business located on one (1) or more adjoining lots.
(b) Display Surface Area. The maximum display surface area shall not exceed 16 square feet.
(c) Illumination. Sign may be illuminated by indirect illumination only.
(d) Setback from Right‐of‐Way. Sign shall be setback 35 feet from street right‐of‐way and 25 feet
from any R or R‐O District.
(2) RSF, and RI, and CCR Districts. Except pursuant to §174.03, pole signs shall be prohibited and no pole
signs shall be erected in RSF, and RI, and CCR Districts of the City.
(3) RMF, R‐O, NC, NS, and UN Districts.
(a) Number of Signs. Only one (1) on‐site freestanding sign shall be permitted on a lot or at a
business operating on two (2) or more adjoining lots.
(b) Display Surface Area. The maximum display surface area shall not exceed 4 square feet;
(c) Setback from Right‐of‐Way. The sign shall be setback a minimum of 15 feet from street right‐of‐
way.
(d) Setback from Adjoining Property. The sign shall be setback a minimum of 25 feet from the
boundary of any RSF District and 15 feet from all other zoning districts.
(e) Height. The height of the sign shall not be greater than six (6) feet above the level of the street
upon which the sign faces.
(f) Illumination. The sign shall be illuminated by indirect illumination only.
(4) C, I, DG, MSC, DC, CS, P‐1, UC, and UT Districts.
(a) Number of signs. Only one (1) pole sign shall be permitted on a lot, at a shopping center, or at a
mall; provided only one (1) on‐site pole sign shall be permitted for any business operating on two
(2) or more adjoining lots.
(b) Display Surface Area and Setback from Right‐of‐Way. The display surface area shall not exceed 10
square feet and shall be setback 15 feet or more from the right‐of‐way; provided, the display
surface area may be increased 2 square feet for each 1 foot of additional setback from the right‐
of‐way beyond 15 feet; provided further, the maximum display surface area for a sign which is
setback from the street right‐of‐way 40 feet or more shall be 75 square feet.
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(c) Setback from Adjoining Property. Setback shall be a minimum of 25 feet from the boundary of
any adjoining property.
(B) Monument Sign. The following regulations pertain to signs identified as "monument signs", which are
freestanding signs whose entire base is in contact with and supported by the ground.
(1) Number of Signs. Where a monument sign is permitted, only one (1) sign shall be erected on a lot or at
a business operating on two (2) or more adjoining lots.
(2) Display Surface Area.
(a) RSF and RI Districts. Prohibited on individual lots.
(b) NC District. Where a conditional use permit has been approved for a nonresidential use within
the Neighborhood Conservation zoning district the display surface area of the monument sign
shall not exceed 10 square feet.
(c) NS, RMF, and UN, and CCR Districts. The display surface area shall not exceed 16 square feet.
(d) R‐A District. The display surface area shall not exceed 32 square feet.
(e) R‐O Districts. The display surface area shall not exceed 50 square feet.
(f) C, I, DG, MSC, DC, CS, P‐1, UC, and UT Districts. The display surface area shall not exceed 75
square feet.
(3) Setback from right‐of‐way. The sign shall be setback a minimum of 10 feet from the right‐of‐way.
(4) Setback from Adjoining Property Lines. The sign shall be setback a minimum of 25 feet from the
boundary of any RSF district and 15 feet from all other zoning districts.
(5) Height. The maximum height of a sign shall be 6 feet from the surrounding grade.
(C) Joint Identification Sign. The following regulations pertain to signs identified as joint identification signs:
Joint identification signs must provide area for the display of a minimum of two (2) person(s) or business(s)
and may be located at no more than two (2) remote entrance locations, as approved by the Planning
Division. The permit applicant shall provide a recorded legal document as approved by the Planning Division
indicating ownership and responsibility for maintenance of sign and subject to the following:
(1) R‐A, RSF, RI, RMF, P, NC, NS, and UN, and CCR Districts. Prohibited.
(2) R‐O District. Monument joint identification sign permitted only.
(a) Display Surface Area. Display surface area shall not exceed 50 square feet.
(b) Setback from Right‐of‐Way. Signs shall be setback a minimum of 10 feet from the right‐of‐way.
(c) Setback from Adjoining Property. Setback shall be a minimum of 10 feet from adjoining non‐
residential property and 25 feet from adjoining residential property.
(d) Height. The maximum height of a sign shall be six (6) feet from the surrounding grade.
(3) C, I, DG, MSC, DC, CS, UC, and UT Districts.
(a) Monument. The following regulations apply to a monument joint identification sign, whose entire
base is in contact with and supported by the ground:
(i) Multi‐tenant Building Containing 37,500 Square Feet or Less of Leasable Tenant Space:
a. Display Surface Area and Setback from Right‐of‐Way. Display surface area shall
not exceed 75 square feet and the sign shall be setback 10 feet or more from
the right‐of‐way.
Page 3 of 4
b Height. The maximum height of a sign shall be six (6) feet above the level of the
surrounding grade.
(ii) Multi‐Tenant Building Containing More Than 37,500 Square Feet:
a. Display Surface Area. Display surface area shall not exceed 75 square feet;
provided the display surface area of a joint identification signs may be
increased one additional square foot per 500 square feet of gross leaseable
building area over 37,500 square feet, as approved by the Planning Division.
Total display surface area shall not exceed 300 square feet.
b. Height and Setback from Right‐of‐Way. The maximum height of the sign shall
be 6 feet above the level of the surrounding grade when setback 10 feet or
more from the right‐of‐way; provided, the maximum height of the sign may
increase to 10 feet above the surrounding grade when setback 20 feet or more
from the right‐of‐way.
c. Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet
from the boundary of any adjoining property.
(b) Pole. The following regulations apply to pole‐mounted joint identification signs:
(i) Display Surface Area and setback from Right‐of‐Way. The display surface area shall not
exceed 10 square feet and shall be setback 15 feet or more from the right‐of‐way;
provided, the display surface area may be increased 2 square feet for each 1 foot of
additional setback from the right‐of‐way beyond 15 feet; provided further, the maximum
display surface area for a sign which is setback from the street right‐of‐way 40 feet or more
shall be 75 square feet.
a. Exception. Display surface area shall not exceed 75 square feet, provided the
display surface area of joint identification signs may be increased one
additional square foot per 500 square feet of gross leaseable building area over
37,500 square feet, as approved by the Planning Division. Total display surface
area shall not exceed 300 square feet.
(ii) Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet from the
boundary of any adjoining property.
(iii) Height. The height of a sign shall be a maximum of 17.5 feet, provided the pole‐mounted
sign may be increased in height ½ foot for every foot of additional setback beyond the
required 15 feet from the right‐of‐way with a maximum height of 30 feet.
(D) Area signs. The location of the fence, wall, or other structure which will contain the area identification sign
must be approved by the Planning Division, which will approve such structure upon the criterion of traffic
safety sight lines. Area signs shall not be located within the Master Street Plan right‐of‐way.
(1) R‐A, RSF, RI, RMF, NC, NS, R‐O, and UN, and CCR Districts.
(a) Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with
more than one (1) entrance may not have a sign at more than two (2) locations.
(b) Display Surface Area. An area sign with display on one (1) side located on each side of an
entrance street may be substituted for a single sign with display on both sides. The display
surface area shall not exceed 32 square feet.
(2) C, I, DG, MSC, DC, CS, P‐1, UC, and UT Districts.
(a) Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with
more than one (1) entrance may not have a sign at more than two (2) locations.
Page 4 of 4
(b) Display Surface Area. An area sign with display on one (1) side located on each side of an
entrance street may be substituted for a single sign with display on both sides. The display
surface area shall not exceed 75 square feet.
(E) Bulletin Boards. The following regulations pertain to signs identified as "bulletin boards", which are erected
for the purposes of announcing events which are held on the premises:
(1) RSF, RI, and NC, and CCR Districts. Where a conditional use permit has been approved for a charitable,
educational, or religious institution or a public body within these districts, the following limitations
shall apply:
(a) Number of Signs. Only one (1) on‐site bulletin board shall be permitted on a lot or for a use
operating on two (2) or more adjoining lots.
(b) Display Surface Area. Monument sign only, with a display surface area not to exceed 16 square
feet.
(c) Setback from Right‐of‐Way. The bulletin board shall be setback a minimum of 10 feet from the
street right‐of‐way.
(d) Setback from Adjoining Properties. The sign shall be setback a minimum of 25 feet from the
boundary of any RSF district and 15 feet from all other zoning districts.
(e) Height.The height of the bulletin board shall not be greater than 6 feet above the level of the
street upon which the sign faces.
(f) llumination. Electronic message boards shall be prohibited.
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174.12 Wall Signs
Wall signs shall not project more than 18 inches from the surface upon which they are mounted. The upper edge
of a wall sign mounted on a mansard roof may project more than 18 inches so long as the sign is perpendicular to
the ground. The allowable display surface area of a wall sign is determined by the wall on which it is located.
(A) NC, and RSF, and RI and CCR Districts. Where a conditional use permit has been approved for a
nonresidential use within these zoning districts, the following limitations shall apply:
(1) Number of Signs. Limit of one (1) on‐site wall sign per business per building; provided, when a building
abuts more than one street, the limit shall be one (1) on‐site wall sign per business per building for
each wall which faces an abutting street. In no case shall a business have more than one wall sign on
any one (1) wall.
(2) Display Surface Area. Display surfaces of each sign shall not exceed 8 square feet.
(3) Illumination. The color of the sign shall be compatible with the colors of the structure, and only indirect
external lighting is permitted.
(4) Exceptions:
(a) Home Occupations. Signage for a home occupation in an RSF districts shall be prohibited except
where it is required by the applicable licensing board, subject to proof of said requirement.
(B) RMF Districts.
(1) Number of Signs. Limit of one (1) on‐site wall sign per business per building; provided, when a building
abuts more than one (1) street, the limit shall be one (1) on‐site wall sign per business per building for
each wall which faces an abutting street. In no case shall a business have more than one (1) wall sign
on any wall.
(2) Display Surface Area. Display surfaces of each sign shall not exceed 16 square feet.
(C) R‐A, R‐O, NS, and UN Districts.
(1) Number of signs. Limit of two (2) on‐site wall signs per business per building. In no case shall a business
have more than one (1) wall sign on any wall.
(2) Display Surface Area. The display surface area of a sign shall not exceed 16 square feet where the wall
adjoins a residential land use, or 50 square feet where the wall adjoins a nonresidential land use, or
street right‐of‐way.
(D) C, I, DG, MSC, DC, CS, P‐1, UC, and UT Districts.
(1) Number of Signs.
(a) Single Tenant. Where a building houses only one (1) business, a maximum of four (4) wall signs
may be placed on one wall, but no more than four (4) wall signs may be placed on the building.
(b) Multiple Tenants. Where a building houses more than one business, each business shall be
entitled to a maximum of one (1) wall sign per business on each wall of the building, with a
maximum of four (4) total wall signs per business per building. In no case shall a business have
more than one (1) wall sign on any wall.
(2) Display Surface Area.
(a) Single Tenant. The display surface area shall not exceed 20% of the first 1,000 square feet of wall
area and 5% of any additional wall area.
Page 2 of 2
(b) Multiple Tenants. Where a building houses more than one (1) business, the display surface area
of each tenant's allowable wall sign(s) shall not exceed 150 square feet. Furthermore, the display
surface area for all wall signs on any one wall may not exceed 20% of that total wall area.
(E) Off‐Site Wall Signs. Off‐site wall signs shall be prohibited in all zoning districts.
TO: Fayetteville Planning Commission
FROM: Britin Bostick, Long Range Planning/Special Projects Manager
MEETING DATE: April 28, 2025
SUBJECT: ADM-2025-0023: Administrative Item (Amend UDC Chapter 161 –
Zoning Regulations): Submitted by CITY OF FAYETTEVILLE STAFF.
The request is an amendment to UDC Chapter 161 to create a new zoning
district section 161.38 called Conservation, Cultural, and Recreation and
set zoning regulations for the new district including permitted and
conditional uses, lot dimensional standards, setbacks, and building height.
Additionally, amendments are proposed to section 160.01 – Establishment
of Districts to add the new district, section 164.25 – Tandem Lot
Development to establish building setbacks for tandem lots, section 167.04
– Tree Preservation and Protection During Development to establish a
minimum canopy requirement, and chapter 174 – Signs to establish sign
regulations for the new zoning district.
RECOMMENDATION:
Staff recommends forwarding ADM-2025-0023 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward ADM-2025-0023 to the City Council with a recommendation of approval.”
BACKGROUND:
Since 2018 the Planning Commission has considered approximately 400 rezoning applications,
providing commissioners with a thorough knowledge of zoning districts as well as familiarity with
public concerns on both proposed rezonings and developments. Absent an established zoning
district meant to serve conservation goals, applicants seeking to set aside conservation areas
within developments, or to balance higher density zoning districts with low density areas, have
opted to use a Planned Zoning District (PZD) or utilize lower density districts that do not effectively
serve the city’s adopted land conservation and protection goals.
Both City Plan 2040 and the Climate Action Plan have established goals for a conservation zoning
district. City Plan 2040 includes short term benchmarks meant to be accomplished by 2025, one
of which is “Develop a conservation development ordinance, or other form for rural properties, or
those with environmentally sensitive features.” This is meant to address Goals 2 (We will
discourage suburban sprawl) and 5 (We will assemble an enduring green network) in the plan.
Action EcoSrv.A-5 in the Climate Action Plan is to “Develop an environmental or conservation
zoning district for inclusion in the City’s Enduring Green Network.” After careful consideration and
consultation with multiple parties, staff is bringing forward this implementation item with the
support of the Fayetteville Environmental Action Committee (EAC).
DISCUSSION:
The purpose of this amendment is to establish a new zoning district titled “Conservation, Cultural
and Recreation” (CCR). Following on the heels of the creation of the Urban Corridor (UC) and
Urban Neighborhood (UN) zoning districts in 2024 and through discussion with the EAC at their
January-March 2025 meetings, Long Range Planning and Sustainability staff have sought to take
another step forward in implementing the city’s adopted plans, specifically City Plan 2040 and the
Climate Action Plan. Early 2025 EAC meetings have included thorough discussion of
conservation tools, various incentives for conservation, aspects of zoning regulations and how to
tailor those to conservation goals, and consultation with the City Attorney’s office.
An advantage to the proposed CCR zoning district is that no minimum lot size or width is
proposed, which would permit the zoning to be applied to lots not meant for development without
requiring the frontage typically required to facilitate water and sewer connections and access to
the site. Although a limited number of uses would be permitted by right and cultural and
recreational uses permitted by Conditional Use, for the most part development would be restricted
to support land conservation goals and the preservation of natural features and resources.
Considerable discussion about standards that would allow wildlife observation opportunities while
limiting paved area and building size was key to the proposed standards, which seek to allow a
light touch on land balanced with the enduring green network development captured in both City
Plan 2040 and the Climate Action Plan.
With the addition of a new zoning district comes amendments to other sections of the Unified
Development Code (UDC). In this instance amendments are also needed to:
• Section 160.01 – Establishment of Zoning Districts to add CCR to the list of zoning
districts.
• Section 164.25 – Tandem Lot Development to establish building setbacks of 35 feet from
all property lines for tandem lots, the same as for the Residential-Agricultural (R-A) zoning
district.
• Section 167.04 – Tree Preservation and Protection During Development to establish a
minimum canopy requirement for the CCR zoning district in Section 167.04(C) Table 1.
This is proposed to be 80%, the highest percentage of required tree canopy protection.
• Chapter 174 – Signs to establish sign regulations for the new zoning district:
o 174.10(A)(2), 174.10(B)(2)(c), 174.10(C)(1), 174.10(D)(1), 174.10(E)(1), and
174.12 (A) to add “CCR” to define which sign regulations are applicable for the
new district.
At the March 20, 2025 meeting Long Range Planning staff shared a draft of the district with the
Long Range Planning Committee and briefly provided a background of the zoning district and
work with the EAC since January to develop it. Commissioners present expressed interest in the
new zoning district and staff stated they would be looking to bring this to an upcoming Planning
Commission meeting for a public hearing and recommendation but were still working with the
EAC on a final draft and recommendation. Following a recommendation on the proposed district
from the EAC with the letter of support attached to this report, Long Range Planning staff
scheduled the new zoning district for a public hearing at the April 28, 2025 Planning Commission
hearing, which provided for a presentation on the proposed new zoning district at the April 24
agenda session, with detailed discussion available at the subsequent Long Range Planning
Committee meeting.
PLANNING COMMISSION ACTION: Required YES
Date: April 28, 2025 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
• Proposed Ordinance §161.38, Conservation, Cultural, and Recreation
• §160.01, Establishment of Zoning Districts, Strikethrough
• §164.25, Tandem Lot Development, Strikethrough
• §167.04, Tree Preservation and Protection During Development, Strikethrough
• §174.10, On Site Freestanding Signs, Strikethrough
• §174.12, Wall Signs, Strikethrough
• §160.01, Establishment of Zoning Districts, Clean
• §164.25, Tandem Lot Development, Clean
• §167.04, Tree Preservation and Protection During Development, Clean
• §174.10, On Site Freestanding Signs, Clean
• §174.12, Wall Signs, Clean
• Letter of Support from the Fayetteville Environmental Action Committee (EAC)
Page 1 of 2
161.38 District CCR, Conservation, Cultural, and Recreation
(A) Purpose. The Conservation, Cultural, and Recreation District is a designation requested by the
owner of property that the City and the owner have determined beneficial and desirable to conserve,
preserve, protect, or enhance natural resources such as floodplains, streams, wetlands, steep
topography, woodlands, meadows and wildlife habitat, or for the purpose of improving and restoring
such property’s ecosystem services. Further, this district serves to permit certain limited uses and
activities which are not detrimental to the land and consistent with these purposes.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 4 Cultural and recreational facilities
(C) Density. None.
(D) Bulk and Area Regulations.
(1) At least 80 percent of the parcel area shall be left undeveloped as green space.
(2) No more than 10 percent of the Conservation, Cultural, and Recreation zoned area may be
dedicated to open space that also contains hard surface areas such as parking, paved trail, or other
impervious ground cover.
(E) Setback Requirements.
(1) Minimum setback from the front property line shall be 20 feet.
(2) Minimum setbacks from all other property lines shall be 50 feet.
(3) A minimum setback of 50 feet shall be established parallel to all floodplain lines shown on
currently adopted FIRM panels.
(4) A minimum setback of 100 feet shall be established parallel to the top of bank along all streams
protected within the Streamside Protection Zones of §168.12.
(5) A minimum setback of 100 feet shall be established parallel to the edge of open bodies of water.
(F) Height Requirements.
Building Height Maximum 2 stories
(G) Building area. Maximum lot coverage shall be five percent of the parcel area.
(H) Legal instrument for permanent protection. Green space shall be protected in perpetuity by an
easement deed or other binding legal instrument that is recorded with the rezoning at the time of
Page 2 of 2
rezoning. The instrument shall be a permanent conservation easement or equivalent legal document
such as:
(1) A permanent conservation easement conveyed to the City or a land trust or similar
conservation oriented nonprofit organization with legal authority to accept such easements.
The conservation organization must be bona fide and in perpetual existence and the
conveyance instrument shall contain an appropriate provision for conveyance to another
nonprofit conservation organization or to the City in the event the originally designated
organization becomes unable to fulfill its functions, or
(2) An equivalent legal document that provides permanent protection, if approved by the City.
Page 1 of 1
160.01 Establishment Of Districts
The following zoning districts are hereby established:
ZONING DISTRICTS
R‐A Residential ‐ Agricultural
RSF‐.5 Residential Single‐family ‐ One‐Half (½) Unit per Acre
RSF‐1 Residential Single‐family ‐ One (1) Unit per Acre
RSF‐2 Residential Single‐family ‐ Two (2) Units per Acre
RSF‐4 Residential Single‐family ‐ Four (4) Units per Acre
RSF‐7 Residential Single‐family ‐ Seven (7) Units per Acre
RSF‐8 Residential Single‐family ‐ Eight (8)Units per Acre
RSF‐18 Residential Single‐family ‐ Eighteen (18) Units per Acre
RI Residential Intermediate, Twelve (12) Units Per Acre
RI‐U Residential Intermediate ‐ Urban
RMF‐6 Residential Multi‐family ‐ Six (6) Units per Acre
RMF‐12 Residential Multi‐family ‐ Twelve (12) Units per Acre
RMF‐18 Residential Multi‐family ‐ Eighteen (18) Units per Acre
RMF‐24 Residential Multi‐family ‐ Twenty‐Four (24) Units per Acre
RMF‐40 Residential Multi‐family ‐ Forty (40) Units per Acre
R‐O Residential‐Office
NS‐L Neighborhood Services ‐ Limited
NS‐G Neighborhood Services ‐ General
C‐1 Neighborhood Commercial
CS Community Services
C‐2 Thoroughfare Commercial
C‐3 Central Business Commercial
UN Urban Neighborhood
UC Urban Corridor
UT Urban Thoroughfare
DC Downtown Core
MSC Main Street Center
DG Downtown General
NC Neighborhood Conservation
CCR Conservation, Cultural, and Recreation
I‐1 Heavy Commercial and Light Industrial
I‐2 General Industrial
P‐1 Institutional
E‐1 Extraction
DOD Design Overlay District
PZD Planned Zoning District
Page 1 of 2
164.25 Tandem Lot Development
(A) Where Allowed. Tandem lot development shall be permitted for a single‐family dwelling and customary
accessory structure and/or dwelling unit only and shall be permitted in all districts where single‐family
dwellings are permitted. The development of one (1) tandem lot behind another tandem lot shall be
prohibited.
(B) Requirements. Development of a tandem lot shall be subject to the following requirements:
(1) The tandem lot shall have access to a public street by way of a private drive with a minimum width and
specification, such as a vehicular turnaround, as determined by emergency response providers in
accordance with applicable local, state, and federal codes. The tandem lot owner shall be responsible
for maintaining said private drive so that emergency vehicles have safe access to the dwelling located
on the lot. Parking of vehicles in the designated private drive for emergency vehicle access shall not be
permitted. The tandem lot owner shall have title to, or a perpetual private easement in, the private
drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum
distance of 18 feet from said right‐of‐way in accordance with the driveway design standards in
Fayetteville Unified Development Code Chapter 172.
(2) The distance between the private drive of a tandem lot and any adjacent driveway shall not be less
than the minimum distance between curb cuts in Fayetteville Unified Development Code Chapter 166
Street Design and Access Management Standards.
(3) Solid waste service for the tandem lot shall be provided by customers placing standard residential
garbage carts, recycling bins, and yard waste at a designated collection point on trash day in
accordance with City of Fayetteville Code of Ordinances Chapter 50.20(B). The designated collection
point shall be identified at the time the tandem lot is created, in coordination with the City Solid Waste
Division. Garbage carts and recycling bins shall not be placed at the collection point more than twelve
(12) hours before or after regular trash pickup in accordance with Chapter 50.20(B).
(4) Lot Width and Area. The tandem lot, excluding the private drive, shall conform to the minimum lot
width and lot area requirements of the zoning district in which it is located, unless a variance is
otherwise granted by the Board of Adjustment.
(5) Setback. Each tandem lot shall have a minimum building setback requirement as follows:
(a) Tandem lots shall have a minimum building setback requirement of 35 feet from all property
lines in the R‐A, RSF‐.5, and RSF‐1, and CCR zoning districts.
(b) Tandem lots shall have a minimum building setback requirement of 30 feet from all property
lines in the RSF‐2 zoning district.
(c) Tandem lots shall have a minimum building setback requirement of 15 feet from all property
lines in the RSF‐4 and RSF‐7 zoning districts.
(d) Tandem lots shall have a minimum building setback requirement of 10 feet from all property
lines in the R‐O zoning district.
(e) Tandem lots shall have a minimum building setback requirement of 5 feet from all property lines
in the RSF‐8, RSF‐18, RI‐12, RI‐U, RMF‐6, RMF‐12, RMF‐18, RMF‐24, RMF‐40, NS‐L, NS‐G, CS, UN,
UC, UT, DC, MSC, DG, and NC zoning districts.
(f) Any variance to the minimum building setback requirement may only be granted by the Board of
Adjustment.
(C) Variances. Variances to the requirements in (B)(1)—(B)(3) of this section shall be administered as
development regulations to be considered by the Planning Commission. All other variances to zoning
Page 2 of 2
regulations, including those in (8)(4) and (B)(5), shall be administered as zoning regulations for variance
purposes.
Page 1 of 11
167.04 Tree Preservation And Protection During Development
(A) Applicability. The provisions of this section shall apply to proposed developments as defined by the Unified
Development Code as follows:
(1) Large Scale Developments.
(2) Large Site Improvement Plan.
(3) Small Site Improvement Plan.
(4) Preliminary Plat.
(5) Final Plat.
(6) Concurrent Plat.
(7) Planned Zoning Districts.
(8) Parking Lots. Tree preservation requirements apply to all permit applications for the construction of
parking lots with five (5) or more spaces. An abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for permits on projects that are required to go
through the subdivision or large scale development process.
(9) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District
shall submit a tree preservation plan with the preliminary plat or site plan. Single and two (2) family
residential development shall submit an abbreviated tree preservation and site plan at the time of
applying for a building permit.
(10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for grading permits on projects that are not
required to go through the development process.
(11) Building Permits. Tree preservation requirements apply to all permit applications for developments of
greater than 6,000 square feet of impervious area. An abbreviated tree preservation plan, as set forth
in §167.04(H)(3), shall be submitted with the application for building permits on projects that are not
required to go through the subdivision or large scale development process. There shall be no land
disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted
and approved, and the tree protection measures at the site inspected and approved.
(12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree
preservation plan or review from Urban Forestry.
(a) Persons seeking to construct 6,000 square feet or less of impervious area are specifically exempt
from the provisions of this section except when the land is located within the Hillside/Hilltop
Overlay District; then all the provisions of this ordinance shall apply.
(b) Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in
an enlargement of the building footprint or roof dripline shall not require an abbreviated tree
preservation plan.
(B) Tree Preservation Criteria. The Urban Forester shall consider the following factors, and any other relevant
information, when evaluating tree preservation plans:
(1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species.
(2) Whether the design incorporates the required tree preservation priorities.
(3) The extent to which the area would be subject to environmental degradation due to removal of the
tree or group of trees.
Page 2 of 11
(4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and
the property on which the tree or group of trees is located.
(5) Whether alternative construction methods have been proposed to reduce the impact of development
on existing trees.
(6) Whether the size or shape of the lot reduces the flexibility of the design.
(7) The general health and condition of the tree or group of trees, or the presence of any disease, injury,
or hazard.
(8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the
property.
(9) The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or
maintaining essential public utilities.
(10) Whether proposed roads and proposed utilities are designed in relation to the existing topography,
and routed, where possible, to avoid damage to existing canopy.
(11) Construction requirements of on‐site and off‐site drainage.
(12) The effects of proposed on‐site mitigation or off‐site alternatives.
(13) The effect other chapters of the Unified Development Code, or city policies have on the development
design.
(14) The extent to which development of the site and the enforcement of this chapter are impacted by
state and federal regulations.
(15) The impact a substantial modification or rejection of the application would have on the applicant.
*Note—The above items are not presented in any particular order of importance. The weight each is given will
depend in large part on the individual characteristics of each project.
(C) Canopy Area. In all proposed developments that are required to submit a tree preservation plan or
abbreviated tree preservation plan, trees shall be preserved as outlined in Table 1 under Percent Minimum
Canopy, unless the applicant has been approved for on‐site mitigation or off‐site alternatives as set forth in
§167.04(I) and (J) below. The square foot percentage of canopy area required for preservation in new
development is based on the total area of the property for which the applicant is seeking approval, less the
right‐of‐way and park land dedications. An applicant shall not be required to plant trees in order to reach the
percent minimum canopy requirement on land where less than the minimum exists prior to development.
Table 1
Minimum Canopy Requirements
ZONING DESIGNATIONS PERCENT
MINIMUM
CANOPY
R‐A, Residential — Agricultural (nonagricultural uses) 25%
RSF‐.5, Single‐family Residential — One‐Half Unit per Acre 25%
RSF‐1, Single‐family Residential — One Unit per Acre 25%
RSF‐2, Single‐family Residential — Two Units per Acre 20%
RSF‐4, Single‐family Residential — Four Units per Acre 25%
RSF‐7, Single‐family Residential — Seven Units per Acre 20%
RSF‐8, Single‐family Residential — Eight Units per Acre 20%
RSF‐18, Single‐family Residential — Eighteen Units per Acre 20%
R‐O, Residential — Office 20%
Page 3 of 11
RI‐12, Residential Intermediate — Twelve Units Per Acre 20%
RI‐U, Residential Intermediate — Urban 15%
RMF‐6, Multi‐family Residential — Six Units per Acre 20%
RMF‐12, Multi‐family Residential — Twelve Units per Acre 20%
RMF‐18, Multi‐family Residential — Eighteen Units per Acre 20%
RMF‐24, Multi‐family Residential — Twenty‐Four Units per Acre 20%
RMF‐40, Multi‐family Residential — Forty Units per Acre 20%
NS‐L, Neighborhood Services — Limited 20%
NS‐G, Neighborhood Services — General 20%
C‐1, Neighborhood Commercial 20%
CS, Community Services 20%
C‐2, Thoroughfare Commercial 15%
UN, Urban Neighborhood 15%
UC, Urban Corridor 20%
UT, Urban Thoroughfare 15%
C‐3, Central Business Commercial 15%
DC, Downtown Core 10%
MSC, Main Street Center 10%
DG, Downtown General 10%
NC, Neighborhood Conservation 20%
CCR, Conservation, Cultural, and Recreation 80%
I‐1, Heavy Commercial and Light Industrial 15%
I‐2, General Industrial 15%
P‐1, Institutional 25%
PZD, Planned Zoning District
(HHOD)
25%
(30%)
All residential zoning districts and C‐1 districts within the Hillside/Hilltop Overlay District shall have their percent
minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%.
(D) Prior Tree Removal.
(1) If trees have been removed below the required percent minimum canopy within the five (5) years
preceding application for a development, the site must be forested to meet the Percent Minimum
Canopy requirements set forth in Table 1, plus an additional 10% of the total area of the property for
which the applicant is seeking approval, less the right‐of‐way and park land dedications. The number of
trees required to be planted shall be calculated using the base density for high priority trees.
(2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees
were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of
this chapter, the additional 10% reforestation requirement shall be waived.
(E) Tree Preservation Priorities.
(1) Percent Minimum Canopy. Proposed designs must meet the percent minimum canopy requirements
for the particular zoning designation, emphasizing the preservation and protection of high priority
trees on the site. Trees in existing and not to be vacated utility easements shall not be counted toward
the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to
avoid existing canopy.
Page 4 of 11
(2) Existing Natural Features. Each design shall consider the existing natural features of the site, the
preservation priorities for the trees, and the impact their proposed removal may have both on and off‐
site.
(3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently
to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater
than or equal to an 8‐inch diameter at breast height for large and medium species of trees. High
priority for small species of trees is greater than or equal to a 4‐inch diameter. Low priority trees are
invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low
priority trees are less than an 8‐inch diameter at breast height for larger and medium species and less
than a 4‐inch diameter at breast height for smaller trees species.
(F) Tree Preservation Requirements for Proposed Residential and Non‐Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be located
in areas that have the least possibility of impact as public infrastructure and proposed utilities are
installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the
use and enjoyment of prospective lot owners. Residential developments requesting tree removal
below the percent minimum canopy requirement may choose either residential on‐site mitigation, or
to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be
vacated utility easements shall not be counted toward the percent minimum canopy requirement, and
such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent
minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for
the development of nonresidential developments. The Urban Forester shall recommend to the
Planning Commission the option that will potentially preserve the largest amount of high priority
canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(a) Preservation Plan for Entire Development. The developer may choose to preserve the percent
minimum canopy required for the entire development. With this option, the preserved canopy
shall be located in areas that will not be impacted by future development of the individual lots.
Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in
§167.04(L) below. Should the entire percent minimum canopy requirement for the site be so
protected, the preserved canopy shall be placed in a tree preservation easement and the final
plat shall include a statement that the individual lots, as represented thereon, shall not require
separate tree preservation plans.
(b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall
delineate the area required for the construction of the infrastructure and improvements for the
development. This area should include street rights‐of‐way, and utility and drainage easements.
Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate
percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal
of trees during the grading of individual lots, unless shown by the developer to be essential to the
project's engineering design. The developer will be required to compensate for the canopy
removed from defined individual lots by making the appropriate payment into the Tree Escrow
Account. On all other areas of the development, the developer shall protect the existing canopy
during the construction phase in accordance with §167.05 below. The final plat shall include a
statement that the individual lots shall require separate tree preservation plans.
(3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay
District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set
forth in §167.04(H)(3) indicating the location of the structure and the preservation of the minimum
tree canopy requirement.
Page 5 of 11
(4) Developers have the option of creating cluster development, such as a Planned Zoning District, which
would encourage more open space and tree preservation. In this pattern of development, the trees
preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead
of individual lots required to meet minimum percent requirements. The Tree Preservation Easements
shall be clearly depicted on easement plats or final plats.
(G) Initial Review.
(1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with
the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to
submitting a proposed development to the city. During the initial review, the Urban Forester shall
make recommendations to ensure the proposed subdivision or development complies with the
requirements of this chapter. These recommendations shall be nonbinding. However, applicants
proceed at the risk of higher costs and longer approval times due to changes required by a
noncompliant submittal should they choose not to have the initial review or to disregard the
recommendations of the Urban Forester.
(2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial
review meeting in the Tree Preservation and Protection staff report given to applicants going through
the development review process. If the applicant chooses to attend an initial review meeting, the staff
report shall also document any recommendations made. The Urban Forester shall ensure that a copy of
the report or email becomes part of the permanent file for the project.
(H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree
preservation criteria and percent minimum canopy requirements as set forth under §167.04(B) and (C).
(1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree
preservation analysis to determine the approximate age, health, size and species distribution of the
trees, noting each on a tree preservation plan, and clearly showing the locations and types of all
natural features on a site, including features 100 feet beyond the property lines. The tree preservation
plan shall also specifically depict the applicable preservation priority level for each tree or group of
trees on the site. The plan should include, but not be limited to, delineation of the following features as
they exist on the site:
(a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the
natural drainage patterns;
(b) The property line boundaries of the site;
(c) Soils identified according to the Unified Soil Classification System;
(d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and
Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species,
diameter at breast height (DBH), and the overall health of each significant tree;
(e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species,
average height, diameter at breast height (DBH), and general health of the trees.
(f) All existing utilities and utility easements;
(g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist
on the site or within 100 feet of the limits of disturbance;
(h) Floodplains and floodways on the site;
(i) All existing rights‐of‐way within and surrounding the project site, including any designated trails
or bike paths; and,
(j) Any other factors that may impact the design of the site.
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(2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements,
and delineate in the tree preservation plan the trees to be retained on‐site, and the measures to be
implemented for their protection. These measures shall include, but need not be limited to, fencing,
limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly
depict the limits of soil disturbance to include all areas to be graded both on and off‐site, as well as the
proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation,
Protection and Landscape Manual for details, examples and specific checklists. Examples can be
provided upon request to the Urban Forester.
(3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for
between 6,001 to 10,000 square feet of impervious area that require building permits, grading, or
parking lot permits, but that do not fall under the requirements for developments required to go
through the development review process of Technical Plat Review Committee, Subdivision Committee
and Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The
information for an abbreviated tree preservation plan may be combined with the site plan, plat
drawing, or grading plan. The applicant is expected to show the general location of all existing groups
of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all
areas to be graded, both on and off‐site, as well as the proposed location of utilities. Protective
measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be
depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before
applying for any of the above‐mentioned permits. The applicant should consult the City of Fayetteville
Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants
submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor
shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated
tree preservation plan.
(4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not
met. The report shall detail the design approaches used to minimize damage to or removal of existing
canopy that were considered in arriving at the proposed design. Written justification shall be presented
as to why individual trees or canopy must be removed. The report shall also detail proposed on‐site
mitigation options or off‐site alternatives, as detailed below.
(5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas,
preserved trees, and the physical limits of all protective measures on site required during construction.
(6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with
removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban
Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree
preservation plans shall not be required to submit analysis report.
(7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation
Easements for the added protection of trees preserved to meet percent minimum canopy
requirements or trees planted, in those instances where such would be of mutual benefit to the
applicant and the City of Fayetteville.
(I) Request for On‐Site Mitigation.
(1) Timing of Request for On‐Site Mitigation. Requests to remove trees below the percent minimum
canopy requirement must be incorporated with the applicant's tree preservation plan.
(2) Plan Requirements. The tree preservation plan must graphically represent the species and location for
all existing trees on‐site. It shall also include a chart clearly stating the following information:
(a) The number of trees requested for removal;
(b) The percentage below the percent minimum canopy requirement they represent; and
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(c) The species and number of trees to be planted based on the forestation requirements below.
(3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or
landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape
Manual.
(4) Forestation Requirements. The number and species of trees required for forestation shall be based
upon the quality of the canopy lost:
(a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy
required, the canopy square footage removed shall be forested at a base density of two hundred
(200), 2‐inch caliper trees per acre removed.
(b) Low Priority Canopy. When removing low priority canopy below the percent minimum required,
the canopy square footage removed shall be forested at a base density of one hundred (100), 2‐
inch caliper trees per acre removed.
(5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be
accomplished by forestation on a per acre basis. The base density formula used above is based on 2‐
inch caliper trees. However, the urban forester may approve the use of trees with less than 2‐inch
caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases,
the number of trees to be planted may be adjusted in accordance with the species table to be found in
the City of Fayetteville Tree Preservation, Protection, and Landscape Manual.
(6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars,
when available, or selected from the list of preferred tree species set forth in the City of Fayetteville
Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the
amount of space available for proper growth on the site, and must be approved by the Urban Forester.
(7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the
environmental benefits of canopy cover are most likely to offset the impact of development. Trees
shall not be placed within utility easements, or in other locations where their future protection cannot
be assured.
(8) Residential On‐Site Mitigation. Applicants requesting on‐site mitigation for residential developments
shall comply with all the provisions of §167.04(I), as well as the following:
(a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees
based on the forestation requirements as set forth at §167.04(I)(4).
(b) All plans requesting residential on‐site mitigation shall include a binding three (3) year
maintenance and monitoring plan, which shall hold the applicant responsible for the health of all
planted trees.
(i) Approval of a plan requesting residential on‐site mitigation shall be contingent upon the
applicant depositing with the city an irrevocable letter of credit in an amount equal to the
estimated cost of materials and labor for all trees at the time of planting. The irrevocable
letter of credit must cover the entire three (3) year maintenance and monitoring period.
Applicant shall submit cost estimates to the Urban Forester for approval.
(ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester
shall inspect the site and determine whether 90% of the trees are healthy and have a
reasonable chance of surviving to maturity. Upon such a finding, the city shall release the
letter of credit.
(iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or
dead trees, or take other appropriate action as approved by the Urban Forester. If the
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applicant does not take remedial steps to bring the property into compliance, the city shall
use the necessary moneys from the landscape establishment guarantee to do so.
(iv) In the event trees are injured or destroyed by natural disasters, including but not limited
to, tornadoes, straight‐line winds, ice storms, fire, floods, hail, or lightning strikes, or
through the independent actions of third parties, the applicant shall be relieved of the
responsibility of replanting the tree or trees so affected.
(c) Developers requesting mitigation trees be planted along the street right‐of‐way of residential
developments shall submit a landscape plan that complies with the standards outlined in the City
of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new
trees planted are of the highest quality, require low maintenance, and do not interfere with
public safety. The species of trees to be planted shall be selected from the approved street tree
species list, or be otherwise specifically approved by the Urban Forester. The applicant's
mitigation plan for planting street trees shall describe in detail the method for tracking the
development of the individual lots, which shall best ensure that required number and species of
mitigation trees are planted.
(9) Request for On‐Site Mitigation Alternatives (Green Roofs or Green Façades).
(a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious
area and limited space for planting trees to use on‐site mitigation alternatives to meet the
mitigation requirements and still contribute beneficial plant materials that provide positive
ecosystem services.
(b) Applicability. On‐Site Mitigation Alternatives shall only be allowed as alternatives to planting
trees in form‐based zoning districts that allow for mixed‐use and do not have a building area
maximum requirement. On‐Site Mitigation Alternatives may not be utilized on sites that have
adequate space to meet landscape requirements.
(c) Timing of Request for On‐Site Mitigation Alternatives. Requests for on‐site alternatives must be
incorporated and submitted concurrently with the applicant's tree preservation plan.
(d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant
species with deeper root systems.
(e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant
species with shallow root systems.
(f) Green Façade. A green façade is created by growing climbing plants up and across the façade of a
building, either from plants grown directly in the ground or a large container of at least 12 inches
of soil medium. Plants can attach directly to the building or be supported with a 12‐inch by 12‐
inch trellis system connected to the building.
(g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof,
intensive green roof, and green façade in lieu of a mitigation tree shall be based from square
footage of tree canopy.
(i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 2.5 square feet of extensive green roof.
(ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 1.4 square feet of intensive green roof.
(iii) The calculation for a green façade shall be done based from a ratio of 1 square foot of tree
canopy to 2.5 square feet of green façade.
(J) Request for Off‐Site Alternatives.
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(1) Timing of Request for Off‐Site Alternatives. Requests for off‐site alternatives must be incorporated in,
and submitted concurrently with the applicant's tree preservation plan.
(2) Off‐Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or
greater amount of canopy cover at a site within the city limits.
(3) Off‐Site Forestation.
(a) If off‐site preservation cannot be achieved, the applicant may seek approval from the Urban
Forester to plant the required number of trees on another site owned by the applicant and
located within the city limits. A tree preservation easement must be conveyed concurrently with
or prior to submission of a final plat by the applicant to the city to protect any off‐site
preservation or forestation and the legal description of the tree preservation easement shall also
appear on the final plat.
(b) An applicant may plant and maintain mitigation trees needed for the applicant's development as
to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city
park or public right‐of‐way if expressly approved by City Council resolution. The City Council shall
seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about
the advisability of forestation of the nearby city park and may apply express conditions including
requiring irrigation to be installed and regular maintenance to be performed by the applicant.
(4) Tree Escrow Account. Tree preservation on‐site is always the preferred option, with on‐site mitigation,
off‐site preservation, off‐site forestation, and on‐site mitigation alternatives to be considered in
descending order only if the more preferred option cannot be fully achieved. If none of these options
can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the
developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base
Density requirements which fairly represents the costs of material and labor to plant a tree. The
developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to
ensure each tree survives for that period of time. Tree planting and maintenance costs should be
reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and
maintenance for three (3) years.
(a) Residential developments which cannot achieve the base density tree requirements through
preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the
money paid into the Tree Escrow Account to plant trees within the development along rights‐of‐
way, detention ponds, common areas or other areas where trees can be protected and have a
high probability of survival to a mature tree. This shall be accomplished once the development is
built out or as approved by the Urban Forester.
(b) Money contributed in lieu of on‐site mitigation or off‐site forestation shall be paid prior to
issuance of a building permit on all commercial, industrial, or multi‐family residential buildings
and prior to final plat acceptance for all residential and non‐residential subdivisions.
(c) Money contributed under this section:
(i) May be used for canopy mitigation, including planting site identification, tree acquisition,
planting, and maintenance, utilizing either city staff or contract labor;
(ii) Shall not revert to the general fund for ongoing operations.
(d) If it is not possible to plant trees within the development, planting locations will be sought in
appropriate sites within a 1 mile radius of where the original project is located, but if this cannot
be achieved, the moneys shall be used to plant the trees in the park quadrant in which the
development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban
forest analysis should be consulted when identifying appropriate locations to plant escrow
funded trees.
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(e) The City of Fayetteville shall refund the portion of the money contributed under this section,
including the accrued interest that has not been expended seven (7) years from the date of the
contribution. Interest shall be based on a 4% annual rate.
(f) Refunds shall be paid to the applicant who made the original contribution.
(g) Notice of the right to a refund, including the amount of the refund and the procedure for
applying for and receiving the refund, shall be sent or served in writing to the applicant no later
than thirty (30) days after the date which the refund becomes due. The sending by regular mail of
the notices to the applicant shall be sufficient to satisfy the requirement of notice.
(h) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90)
days after the date certain upon which the refund becomes due.
(i) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the
applicant with written notice of those circumstances under which refunds of such fees will be
made. Failure to deliver such written notice shall not invalidate any contribution to the Tree
Escrow Account under this ordinance.
(K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all
recommendations or administrative determinations made regarding an applicant's tree preservation plan.
(1) The form shall clearly indicate whether the Urban Forester is making a final administrative
determination, or a recommendation to the Planning Commission or City Council.
(2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or
"CONDITIONALLY APPROVED," and explain the reasoning therefore.
(3) A statement shall appear on the form explaining the process by which a final administrative
determination may be appealed in accordance with Chapter 155 of the Unified Development Code.
(4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the
permanent file for the project.
(L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation
Easements.
(1) Large scale developments, large scale site improvements, and commercial preliminary plats are
required to dedicate a tree preservation easement, if any existing tree are to be preserved. The tree
preservation easement shall be the size of the minimum canopy preservation requirement, if possible.
If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate
the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement
that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors,
assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and
extent of approved tree preservation easements which shall be clearly depicted and noted on the
easement plats for large scale developments, large scale site improvements, commercial final plats,
and any plats with a tree preservation easement. This shall be accompanied by a narrative statement
describing the nature of the protection afforded, and bearing the signature of the Urban Forester. If it
is impractical to include the actual depiction of the canopy in a tree preservation easement on the
easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice.
(2) The geographic extent and location of tree preservation easements, once recorded, may only be
modified, or abolished with the express approval of the City Council. Applicants requesting such action
shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is
in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester,
who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council
meeting.
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(3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation
easement shall seek prior approval from the Urban Forester, who shall determine if such removal is
consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter.
Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester
determines that natural replacements of sufficient health and vigor are already present in the tree
preservation easement.
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174.10 On‐Site Freestanding Signs
On‐Site Freestanding signs shall be permitted to be erected in the city subject to the following:
Only one (1) freestanding sign shall be permitted on a lot, except where otherwise described herein. It shall be
unlawful to erect any off‐site freestanding sign or any freestanding sign that does not meet the sign type, size,
display surface area, setback, height, or illumination as described herein.
(A) Pole Signs. The following regulations pertain to signs identified as "pole signs". It shall be unlawful to erect
any pole sign which total height is greater than 17.5 feet, unless further limited herein, above the level of the
street upon which the sign faces; provided the pole supported sign may be increased in height ½ foot for
every foot of additional setback beyond the required 15 feet from the right‐of‐way with a maximum height
of 30 feet. On‐site pole signs shall be permitted to be erected in the city subject to the following:
(1) R‐A District.
(a) Number of Signs. Only one (1) pole sign shall be permitted at an agricultural or permitted
business located on one (1) or more adjoining lots.
(b) Display Surface Area. The maximum display surface area shall not exceed 16 square feet.
(c) Illumination. Sign may be illuminated by indirect illumination only.
(d) Setback from Right‐of‐Way. Sign shall be setback 35 feet from street right‐of‐way and 25 feet
from any R or R‐O District.
(2) RSF, and RI, and CCR Districts. Except pursuant to §174.03, pole signs shall be prohibited and no pole
signs shall be erected in RSF, and RI, and CCR Districts of the City.
(3) RMF, R‐O, NC, NS, and UN Districts.
(a) Number of Signs. Only one (1) on‐site freestanding sign shall be permitted on a lot or at a
business operating on two (2) or more adjoining lots.
(b) Display Surface Area. The maximum display surface area shall not exceed 4 square feet;
(c) Setback from Right‐of‐Way. The sign shall be setback a minimum of 15 feet from street right‐of‐
way.
(d) Setback from Adjoining Property. The sign shall be setback a minimum of 25 feet from the
boundary of any RSF District and 15 feet from all other zoning districts.
(e) Height. The height of the sign shall not be greater than six (6) feet above the level of the street
upon which the sign faces.
(f) Illumination. The sign shall be illuminated by indirect illumination only.
(4) C, I, DG, MSC, DC, CS, P‐1, UC, and UT Districts.
(a) Number of signs. Only one (1) pole sign shall be permitted on a lot, at a shopping center, or at a
mall; provided only one (1) on‐site pole sign shall be permitted for any business operating on two
(2) or more adjoining lots.
(b) Display Surface Area and Setback from Right‐of‐Way. The display surface area shall not exceed 10
square feet and shall be setback 15 feet or more from the right‐of‐way; provided, the display
surface area may be increased 2 square feet for each 1 foot of additional setback from the right‐
of‐way beyond 15 feet; provided further, the maximum display surface area for a sign which is
setback from the street right‐of‐way 40 feet or more shall be 75 square feet.
Page 2 of 4
(c) Setback from Adjoining Property. Setback shall be a minimum of 25 feet from the boundary of
any adjoining property.
(B) Monument Sign. The following regulations pertain to signs identified as "monument signs", which are
freestanding signs whose entire base is in contact with and supported by the ground.
(1) Number of Signs. Where a monument sign is permitted, only one (1) sign shall be erected on a lot or at
a business operating on two (2) or more adjoining lots.
(2) Display Surface Area.
(a) RSF and RI Districts. Prohibited on individual lots.
(b) NC District. Where a conditional use permit has been approved for a nonresidential use within
the Neighborhood Conservation zoning district the display surface area of the monument sign
shall not exceed 10 square feet.
(c) NS, RMF, and UN, and CCR Districts. The display surface area shall not exceed 16 square feet.
(d) R‐A District. The display surface area shall not exceed 32 square feet.
(e) R‐O Districts. The display surface area shall not exceed 50 square feet.
(f) C, I, DG, MSC, DC, CS, P‐1, UC, and UT Districts. The display surface area shall not exceed 75
square feet.
(3) Setback from right‐of‐way. The sign shall be setback a minimum of 10 feet from the right‐of‐way.
(4) Setback from Adjoining Property Lines. The sign shall be setback a minimum of 25 feet from the
boundary of any RSF district and 15 feet from all other zoning districts.
(5) Height. The maximum height of a sign shall be 6 feet from the surrounding grade.
(C) Joint Identification Sign. The following regulations pertain to signs identified as joint identification signs:
Joint identification signs must provide area for the display of a minimum of two (2) person(s) or business(s)
and may be located at no more than two (2) remote entrance locations, as approved by the Planning
Division. The permit applicant shall provide a recorded legal document as approved by the Planning Division
indicating ownership and responsibility for maintenance of sign and subject to the following:
(1) R‐A, RSF, RI, RMF, P, NC, NS, and UN, and CCR Districts. Prohibited.
(2) R‐O District. Monument joint identification sign permitted only.
(a) Display Surface Area. Display surface area shall not exceed 50 square feet.
(b) Setback from Right‐of‐Way. Signs shall be setback a minimum of 10 feet from the right‐of‐way.
(c) Setback from Adjoining Property. Setback shall be a minimum of 10 feet from adjoining non‐
residential property and 25 feet from adjoining residential property.
(d) Height. The maximum height of a sign shall be six (6) feet from the surrounding grade.
(3) C, I, DG, MSC, DC, CS, UC, and UT Districts.
(a) Monument. The following regulations apply to a monument joint identification sign, whose entire
base is in contact with and supported by the ground:
(i) Multi‐tenant Building Containing 37,500 Square Feet or Less of Leasable Tenant Space:
a. Display Surface Area and Setback from Right‐of‐Way. Display surface area shall
not exceed 75 square feet and the sign shall be setback 10 feet or more from
the right‐of‐way.
Page 3 of 4
b Height. The maximum height of a sign shall be six (6) feet above the level of the
surrounding grade.
(ii) Multi‐Tenant Building Containing More Than 37,500 Square Feet:
a. Display Surface Area. Display surface area shall not exceed 75 square feet;
provided the display surface area of a joint identification signs may be
increased one additional square foot per 500 square feet of gross leaseable
building area over 37,500 square feet, as approved by the Planning Division.
Total display surface area shall not exceed 300 square feet.
b. Height and Setback from Right‐of‐Way. The maximum height of the sign shall
be 6 feet above the level of the surrounding grade when setback 10 feet or
more from the right‐of‐way; provided, the maximum height of the sign may
increase to 10 feet above the surrounding grade when setback 20 feet or more
from the right‐of‐way.
c. Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet
from the boundary of any adjoining property.
(b) Pole. The following regulations apply to pole‐mounted joint identification signs:
(i) Display Surface Area and setback from Right‐of‐Way. The display surface area shall not
exceed 10 square feet and shall be setback 15 feet or more from the right‐of‐way;
provided, the display surface area may be increased 2 square feet for each 1 foot of
additional setback from the right‐of‐way beyond 15 feet; provided further, the maximum
display surface area for a sign which is setback from the street right‐of‐way 40 feet or more
shall be 75 square feet.
a. Exception. Display surface area shall not exceed 75 square feet, provided the
display surface area of joint identification signs may be increased one
additional square foot per 500 square feet of gross leaseable building area over
37,500 square feet, as approved by the Planning Division. Total display surface
area shall not exceed 300 square feet.
(ii) Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet from the
boundary of any adjoining property.
(iii) Height. The height of a sign shall be a maximum of 17.5 feet, provided the pole‐mounted
sign may be increased in height ½ foot for every foot of additional setback beyond the
required 15 feet from the right‐of‐way with a maximum height of 30 feet.
(D) Area signs. The location of the fence, wall, or other structure which will contain the area identification sign
must be approved by the Planning Division, which will approve such structure upon the criterion of traffic
safety sight lines. Area signs shall not be located within the Master Street Plan right‐of‐way.
(1) R‐A, RSF, RI, RMF, NC, NS, R‐O, and UN, and CCR Districts.
(a) Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with
more than one (1) entrance may not have a sign at more than two (2) locations.
(b) Display Surface Area. An area sign with display on one (1) side located on each side of an
entrance street may be substituted for a single sign with display on both sides. The display
surface area shall not exceed 32 square feet.
(2) C, I, DG, MSC, DC, CS, P‐1, UC, and UT Districts.
(a) Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with
more than one (1) entrance may not have a sign at more than two (2) locations.
Page 4 of 4
(b) Display Surface Area. An area sign with display on one (1) side located on each side of an
entrance street may be substituted for a single sign with display on both sides. The display
surface area shall not exceed 75 square feet.
(E) Bulletin Boards. The following regulations pertain to signs identified as "bulletin boards", which are erected
for the purposes of announcing events which are held on the premises:
(1) RSF, RI, and NC, and CCR Districts. Where a conditional use permit has been approved for a charitable,
educational, or religious institution or a public body within these districts, the following limitations
shall apply:
(a) Number of Signs. Only one (1) on‐site bulletin board shall be permitted on a lot or for a use
operating on two (2) or more adjoining lots.
(b) Display Surface Area. Monument sign only, with a display surface area not to exceed 16 square
feet.
(c) Setback from Right‐of‐Way. The bulletin board shall be setback a minimum of 10 feet from the
street right‐of‐way.
(d) Setback from Adjoining Properties. The sign shall be setback a minimum of 25 feet from the
boundary of any RSF district and 15 feet from all other zoning districts.
(e) Height.The height of the bulletin board shall not be greater than 6 feet above the level of the
street upon which the sign faces.
(f) llumination. Electronic message boards shall be prohibited.
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174.12 Wall Signs
Wall signs shall not project more than 18 inches from the surface upon which they are mounted. The upper edge
of a wall sign mounted on a mansard roof may project more than 18 inches so long as the sign is perpendicular to
the ground. The allowable display surface area of a wall sign is determined by the wall on which it is located.
(A) NC, and RSF, and RI and CCR Districts. Where a conditional use permit has been approved for a
nonresidential use within these zoning districts, the following limitations shall apply:
(1) Number of Signs. Limit of one (1) on‐site wall sign per business per building; provided, when a building
abuts more than one street, the limit shall be one (1) on‐site wall sign per business per building for
each wall which faces an abutting street. In no case shall a business have more than one wall sign on
any one (1) wall.
(2) Display Surface Area. Display surfaces of each sign shall not exceed 8 square feet.
(3) Illumination. The color of the sign shall be compatible with the colors of the structure, and only indirect
external lighting is permitted.
(4) Exceptions:
(a) Home Occupations. Signage for a home occupation in an RSF districts shall be prohibited except
where it is required by the applicable licensing board, subject to proof of said requirement.
(B) RMF Districts.
(1) Number of Signs. Limit of one (1) on‐site wall sign per business per building; provided, when a building
abuts more than one (1) street, the limit shall be one (1) on‐site wall sign per business per building for
each wall which faces an abutting street. In no case shall a business have more than one (1) wall sign
on any wall.
(2) Display Surface Area. Display surfaces of each sign shall not exceed 16 square feet.
(C) R‐A, R‐O, NS, and UN Districts.
(1) Number of signs. Limit of two (2) on‐site wall signs per business per building. In no case shall a business
have more than one (1) wall sign on any wall.
(2) Display Surface Area. The display surface area of a sign shall not exceed 16 square feet where the wall
adjoins a residential land use, or 50 square feet where the wall adjoins a nonresidential land use, or
street right‐of‐way.
(D) C, I, DG, MSC, DC, CS, P‐1, UC, and UT Districts.
(1) Number of Signs.
(a) Single Tenant. Where a building houses only one (1) business, a maximum of four (4) wall signs
may be placed on one wall, but no more than four (4) wall signs may be placed on the building.
(b) Multiple Tenants. Where a building houses more than one business, each business shall be
entitled to a maximum of one (1) wall sign per business on each wall of the building, with a
maximum of four (4) total wall signs per business per building. In no case shall a business have
more than one (1) wall sign on any wall.
(2) Display Surface Area.
(a) Single Tenant. The display surface area shall not exceed 20% of the first 1,000 square feet of wall
area and 5% of any additional wall area.
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(b) Multiple Tenants. Where a building houses more than one (1) business, the display surface area
of each tenant's allowable wall sign(s) shall not exceed 150 square feet. Furthermore, the display
surface area for all wall signs on any one wall may not exceed 20% of that total wall area.
(E) Off‐Site Wall Signs. Off‐site wall signs shall be prohibited in all zoning districts.
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160.01 Establishment Of Districts
The following zoning districts are hereby established:
ZONING DISTRICTS
R‐A Residential ‐ Agricultural
RSF‐.5 Residential Single‐family ‐ One‐Half (½) Unit per Acre
RSF‐1 Residential Single‐family ‐ One (1) Unit per Acre
RSF‐2 Residential Single‐family ‐ Two (2) Units per Acre
RSF‐4 Residential Single‐family ‐ Four (4) Units per Acre
RSF‐7 Residential Single‐family ‐ Seven (7) Units per Acre
RSF‐8 Residential Single‐family ‐ Eight (8)Units per Acre
RSF‐18 Residential Single‐family ‐ Eighteen (18) Units per Acre
RI Residential Intermediate, Twelve (12) Units Per Acre
RI‐U Residential Intermediate ‐ Urban
RMF‐6 Residential Multi‐family ‐ Six (6) Units per Acre
RMF‐12 Residential Multi‐family ‐ Twelve (12) Units per Acre
RMF‐18 Residential Multi‐family ‐ Eighteen (18) Units per Acre
RMF‐24 Residential Multi‐family ‐ Twenty‐Four (24) Units per Acre
RMF‐40 Residential Multi‐family ‐ Forty (40) Units per Acre
R‐O Residential‐Office
NS‐L Neighborhood Services ‐ Limited
NS‐G Neighborhood Services ‐ General
C‐1 Neighborhood Commercial
CS Community Services
C‐2 Thoroughfare Commercial
C‐3 Central Business Commercial
UN Urban Neighborhood
UC Urban Corridor
UT Urban Thoroughfare
DC Downtown Core
MSC Main Street Center
DG Downtown General
NC Neighborhood Conservation
CCR Conservation, Cultural, and Recreation
I‐1 Heavy Commercial and Light Industrial
I‐2 General Industrial
P‐1 Institutional
E‐1 Extraction
DOD Design Overlay District
PZD Planned Zoning District
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164.25 Tandem Lot Development
(A) Where Allowed. Tandem lot development shall be permitted for a single‐family dwelling and customary
accessory structure and/or dwelling unit only and shall be permitted in all districts where single‐family
dwellings are permitted. The development of one (1) tandem lot behind another tandem lot shall be
prohibited.
(B) Requirements. Development of a tandem lot shall be subject to the following requirements:
(1) The tandem lot shall have access to a public street by way of a private drive with a minimum width and
specification, such as a vehicular turnaround, as determined by emergency response providers in
accordance with applicable local, state, and federal codes. The tandem lot owner shall be responsible
for maintaining said private drive so that emergency vehicles have safe access to the dwelling located
on the lot. Parking of vehicles in the designated private drive for emergency vehicle access shall not be
permitted. The tandem lot owner shall have title to, or a perpetual private easement in, the private
drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum
distance of 18 feet from said right‐of‐way in accordance with the driveway design standards in
Fayetteville Unified Development Code Chapter 172.
(2) The distance between the private drive of a tandem lot and any adjacent driveway shall not be less
than the minimum distance between curb cuts in Fayetteville Unified Development Code Chapter 166
Street Design and Access Management Standards.
(3) Solid waste service for the tandem lot shall be provided by customers placing standard residential
garbage carts, recycling bins, and yard waste at a designated collection point on trash day in
accordance with City of Fayetteville Code of Ordinances Chapter 50.20(B). The designated collection
point shall be identified at the time the tandem lot is created, in coordination with the City Solid Waste
Division. Garbage carts and recycling bins shall not be placed at the collection point more than twelve
(12) hours before or after regular trash pickup in accordance with Chapter 50.20(B).
(4) Lot Width and Area. The tandem lot, excluding the private drive, shall conform to the minimum lot
width and lot area requirements of the zoning district in which it is located, unless a variance is
otherwise granted by the Board of Adjustment.
(5) Setback. Each tandem lot shall have a minimum building setback requirement as follows:
(a) Tandem lots shall have a minimum building setback requirement of 35 feet from all property
lines in the R‐A, RSF‐.5, RSF‐1, and CCR zoning districts.
(b) Tandem lots shall have a minimum building setback requirement of 30 feet from all property
lines in the RSF‐2 zoning district.
(c) Tandem lots shall have a minimum building setback requirement of 15 feet from all property
lines in the RSF‐4 and RSF‐7 zoning districts.
(d) Tandem lots shall have a minimum building setback requirement of 10 feet from all property
lines in the R‐O zoning district.
(e) Tandem lots shall have a minimum building setback requirement of 5 feet from all property lines
in the RSF‐8, RSF‐18, RI‐12, RI‐U, RMF‐6, RMF‐12, RMF‐18, RMF‐24, RMF‐40, NS‐L, NS‐G, CS, UN,
UC, UT, DC, MSC, DG, and NC zoning districts.
(f) Any variance to the minimum building setback requirement may only be granted by the Board of
Adjustment.
(C) Variances. Variances to the requirements in (B)(1)—(B)(3) of this section shall be administered as
development regulations to be considered by the Planning Commission. All other variances to zoning
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regulations, including those in (8)(4) and (B)(5), shall be administered as zoning regulations for variance
purposes.
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167.04 Tree Preservation And Protection During Development
(A) Applicability. The provisions of this section shall apply to proposed developments as defined by the Unified
Development Code as follows:
(1) Large Scale Developments.
(2) Large Site Improvement Plan.
(3) Small Site Improvement Plan.
(4) Preliminary Plat.
(5) Final Plat.
(6) Concurrent Plat.
(7) Planned Zoning Districts.
(8) Parking Lots. Tree preservation requirements apply to all permit applications for the construction of
parking lots with five (5) or more spaces. An abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for permits on projects that are required to go
through the subdivision or large scale development process.
(9) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District
shall submit a tree preservation plan with the preliminary plat or site plan. Single and two (2) family
residential development shall submit an abbreviated tree preservation and site plan at the time of
applying for a building permit.
(10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for grading permits on projects that are not
required to go through the development process.
(11) Building Permits. Tree preservation requirements apply to all permit applications for developments of
greater than 6,000 square feet of impervious area. An abbreviated tree preservation plan, as set forth
in §167.04(H)(3), shall be submitted with the application for building permits on projects that are not
required to go through the subdivision or large scale development process. There shall be no land
disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted
and approved, and the tree protection measures at the site inspected and approved.
(12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree
preservation plan or review from Urban Forestry.
(a) Persons seeking to construct 6,000 square feet or less of impervious area are specifically exempt
from the provisions of this section except when the land is located within the Hillside/Hilltop
Overlay District; then all the provisions of this ordinance shall apply.
(b) Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in
an enlargement of the building footprint or roof dripline shall not require an abbreviated tree
preservation plan.
(B) Tree Preservation Criteria. The Urban Forester shall consider the following factors, and any other relevant
information, when evaluating tree preservation plans:
(1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species.
(2) Whether the design incorporates the required tree preservation priorities.
(3) The extent to which the area would be subject to environmental degradation due to removal of the
tree or group of trees.
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(4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and
the property on which the tree or group of trees is located.
(5) Whether alternative construction methods have been proposed to reduce the impact of development
on existing trees.
(6) Whether the size or shape of the lot reduces the flexibility of the design.
(7) The general health and condition of the tree or group of trees, or the presence of any disease, injury,
or hazard.
(8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the
property.
(9) The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or
maintaining essential public utilities.
(10) Whether proposed roads and proposed utilities are designed in relation to the existing topography,
and routed, where possible, to avoid damage to existing canopy.
(11) Construction requirements of on‐site and off‐site drainage.
(12) The effects of proposed on‐site mitigation or off‐site alternatives.
(13) The effect other chapters of the Unified Development Code, or city policies have on the development
design.
(14) The extent to which development of the site and the enforcement of this chapter are impacted by
state and federal regulations.
(15) The impact a substantial modification or rejection of the application would have on the applicant.
*Note—The above items are not presented in any particular order of importance. The weight each is given will
depend in large part on the individual characteristics of each project.
(C) Canopy Area. In all proposed developments that are required to submit a tree preservation plan or
abbreviated tree preservation plan, trees shall be preserved as outlined in Table 1 under Percent Minimum
Canopy, unless the applicant has been approved for on‐site mitigation or off‐site alternatives as set forth in
§167.04(I) and (J) below. The square foot percentage of canopy area required for preservation in new
development is based on the total area of the property for which the applicant is seeking approval, less the
right‐of‐way and park land dedications. An applicant shall not be required to plant trees in order to reach the
percent minimum canopy requirement on land where less than the minimum exists prior to development.
Table 1
Minimum Canopy Requirements
ZONING DESIGNATIONS PERCENT
MINIMUM
CANOPY
R‐A, Residential — Agricultural (nonagricultural uses) 25%
RSF‐.5, Single‐family Residential — One‐Half Unit per Acre 25%
RSF‐1, Single‐family Residential — One Unit per Acre 25%
RSF‐2, Single‐family Residential — Two Units per Acre 20%
RSF‐4, Single‐family Residential — Four Units per Acre 25%
RSF‐7, Single‐family Residential — Seven Units per Acre 20%
RSF‐8, Single‐family Residential — Eight Units per Acre 20%
RSF‐18, Single‐family Residential — Eighteen Units per Acre 20%
R‐O, Residential — Office 20%
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RI‐12, Residential Intermediate — Twelve Units Per Acre 20%
RI‐U, Residential Intermediate — Urban 15%
RMF‐6, Multi‐family Residential — Six Units per Acre 20%
RMF‐12, Multi‐family Residential — Twelve Units per Acre 20%
RMF‐18, Multi‐family Residential — Eighteen Units per Acre 20%
RMF‐24, Multi‐family Residential — Twenty‐Four Units per Acre 20%
RMF‐40, Multi‐family Residential — Forty Units per Acre 20%
NS‐L, Neighborhood Services — Limited 20%
NS‐G, Neighborhood Services — General 20%
C‐1, Neighborhood Commercial 20%
CS, Community Services 20%
C‐2, Thoroughfare Commercial 15%
UN, Urban Neighborhood 15%
UC, Urban Corridor 20%
UT, Urban Thoroughfare 15%
C‐3, Central Business Commercial 15%
DC, Downtown Core 10%
MSC, Main Street Center 10%
DG, Downtown General 10%
NC, Neighborhood Conservation 20%
CCR, Conservation, Cultural, and Recreation 80%
I‐1, Heavy Commercial and Light Industrial 15%
I‐2, General Industrial 15%
P‐1, Institutional 25%
PZD, Planned Zoning District
(HHOD)
25%
(30%)
All residential zoning districts and C‐1 districts within the Hillside/Hilltop Overlay District shall have their percent
minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%.
(D) Prior Tree Removal.
(1) If trees have been removed below the required percent minimum canopy within the five (5) years
preceding application for a development, the site must be forested to meet the Percent Minimum
Canopy requirements set forth in Table 1, plus an additional 10% of the total area of the property for
which the applicant is seeking approval, less the right‐of‐way and park land dedications. The number of
trees required to be planted shall be calculated using the base density for high priority trees.
(2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees
were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of
this chapter, the additional 10% reforestation requirement shall be waived.
(E) Tree Preservation Priorities.
(1) Percent Minimum Canopy. Proposed designs must meet the percent minimum canopy requirements
for the particular zoning designation, emphasizing the preservation and protection of high priority
trees on the site. Trees in existing and not to be vacated utility easements shall not be counted toward
the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to
avoid existing canopy.
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(2) Existing Natural Features. Each design shall consider the existing natural features of the site, the
preservation priorities for the trees, and the impact their proposed removal may have both on and off‐
site.
(3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently
to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater
than or equal to an 8‐inch diameter at breast height for large and medium species of trees. High
priority for small species of trees is greater than or equal to a 4‐inch diameter. Low priority trees are
invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low
priority trees are less than an 8‐inch diameter at breast height for larger and medium species and less
than a 4‐inch diameter at breast height for smaller trees species.
(F) Tree Preservation Requirements for Proposed Residential and Non‐Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be located
in areas that have the least possibility of impact as public infrastructure and proposed utilities are
installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the
use and enjoyment of prospective lot owners. Residential developments requesting tree removal
below the percent minimum canopy requirement may choose either residential on‐site mitigation, or
to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be
vacated utility easements shall not be counted toward the percent minimum canopy requirement, and
such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent
minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for
the development of nonresidential developments. The Urban Forester shall recommend to the
Planning Commission the option that will potentially preserve the largest amount of high priority
canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(a) Preservation Plan for Entire Development. The developer may choose to preserve the percent
minimum canopy required for the entire development. With this option, the preserved canopy
shall be located in areas that will not be impacted by future development of the individual lots.
Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in
§167.04(L) below. Should the entire percent minimum canopy requirement for the site be so
protected, the preserved canopy shall be placed in a tree preservation easement and the final
plat shall include a statement that the individual lots, as represented thereon, shall not require
separate tree preservation plans.
(b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall
delineate the area required for the construction of the infrastructure and improvements for the
development. This area should include street rights‐of‐way, and utility and drainage easements.
Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate
percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal
of trees during the grading of individual lots, unless shown by the developer to be essential to the
project's engineering design. The developer will be required to compensate for the canopy
removed from defined individual lots by making the appropriate payment into the Tree Escrow
Account. On all other areas of the development, the developer shall protect the existing canopy
during the construction phase in accordance with §167.05 below. The final plat shall include a
statement that the individual lots shall require separate tree preservation plans.
(3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay
District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set
forth in §167.04(H)(3) indicating the location of the structure and the preservation of the minimum
tree canopy requirement.
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(4) Developers have the option of creating cluster development, such as a Planned Zoning District, which
would encourage more open space and tree preservation. In this pattern of development, the trees
preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead
of individual lots required to meet minimum percent requirements. The Tree Preservation Easements
shall be clearly depicted on easement plats or final plats.
(G) Initial Review.
(1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with
the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to
submitting a proposed development to the city. During the initial review, the Urban Forester shall
make recommendations to ensure the proposed subdivision or development complies with the
requirements of this chapter. These recommendations shall be nonbinding. However, applicants
proceed at the risk of higher costs and longer approval times due to changes required by a
noncompliant submittal should they choose not to have the initial review or to disregard the
recommendations of the Urban Forester.
(2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial
review meeting in the Tree Preservation and Protection staff report given to applicants going through
the development review process. If the applicant chooses to attend an initial review meeting, the staff
report shall also document any recommendations made. The Urban Forester shall ensure that a copy of
the report or email becomes part of the permanent file for the project.
(H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree
preservation criteria and percent minimum canopy requirements as set forth under §167.04(B) and (C).
(1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree
preservation analysis to determine the approximate age, health, size and species distribution of the
trees, noting each on a tree preservation plan, and clearly showing the locations and types of all
natural features on a site, including features 100 feet beyond the property lines. The tree preservation
plan shall also specifically depict the applicable preservation priority level for each tree or group of
trees on the site. The plan should include, but not be limited to, delineation of the following features as
they exist on the site:
(a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the
natural drainage patterns;
(b) The property line boundaries of the site;
(c) Soils identified according to the Unified Soil Classification System;
(d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and
Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species,
diameter at breast height (DBH), and the overall health of each significant tree;
(e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species,
average height, diameter at breast height (DBH), and general health of the trees.
(f) All existing utilities and utility easements;
(g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist
on the site or within 100 feet of the limits of disturbance;
(h) Floodplains and floodways on the site;
(i) All existing rights‐of‐way within and surrounding the project site, including any designated trails
or bike paths; and,
(j) Any other factors that may impact the design of the site.
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(2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements,
and delineate in the tree preservation plan the trees to be retained on‐site, and the measures to be
implemented for their protection. These measures shall include, but need not be limited to, fencing,
limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly
depict the limits of soil disturbance to include all areas to be graded both on and off‐site, as well as the
proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation,
Protection and Landscape Manual for details, examples and specific checklists. Examples can be
provided upon request to the Urban Forester.
(3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for
between 6,001 to 10,000 square feet of impervious area that require building permits, grading, or
parking lot permits, but that do not fall under the requirements for developments required to go
through the development review process of Technical Plat Review Committee, Subdivision Committee
and Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The
information for an abbreviated tree preservation plan may be combined with the site plan, plat
drawing, or grading plan. The applicant is expected to show the general location of all existing groups
of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all
areas to be graded, both on and off‐site, as well as the proposed location of utilities. Protective
measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be
depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before
applying for any of the above‐mentioned permits. The applicant should consult the City of Fayetteville
Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants
submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor
shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated
tree preservation plan.
(4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not
met. The report shall detail the design approaches used to minimize damage to or removal of existing
canopy that were considered in arriving at the proposed design. Written justification shall be presented
as to why individual trees or canopy must be removed. The report shall also detail proposed on‐site
mitigation options or off‐site alternatives, as detailed below.
(5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas,
preserved trees, and the physical limits of all protective measures on site required during construction.
(6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with
removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban
Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree
preservation plans shall not be required to submit analysis report.
(7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation
Easements for the added protection of trees preserved to meet percent minimum canopy
requirements or trees planted, in those instances where such would be of mutual benefit to the
applicant and the City of Fayetteville.
(I) Request for On‐Site Mitigation.
(1) Timing of Request for On‐Site Mitigation. Requests to remove trees below the percent minimum
canopy requirement must be incorporated with the applicant's tree preservation plan.
(2) Plan Requirements. The tree preservation plan must graphically represent the species and location for
all existing trees on‐site. It shall also include a chart clearly stating the following information:
(a) The number of trees requested for removal;
(b) The percentage below the percent minimum canopy requirement they represent; and
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(c) The species and number of trees to be planted based on the forestation requirements below.
(3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or
landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape
Manual.
(4) Forestation Requirements. The number and species of trees required for forestation shall be based
upon the quality of the canopy lost:
(a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy
required, the canopy square footage removed shall be forested at a base density of two hundred
(200), 2‐inch caliper trees per acre removed.
(b) Low Priority Canopy. When removing low priority canopy below the percent minimum required,
the canopy square footage removed shall be forested at a base density of one hundred (100), 2‐
inch caliper trees per acre removed.
(5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be
accomplished by forestation on a per acre basis. The base density formula used above is based on 2‐
inch caliper trees. However, the urban forester may approve the use of trees with less than 2‐inch
caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases,
the number of trees to be planted may be adjusted in accordance with the species table to be found in
the City of Fayetteville Tree Preservation, Protection, and Landscape Manual.
(6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars,
when available, or selected from the list of preferred tree species set forth in the City of Fayetteville
Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the
amount of space available for proper growth on the site, and must be approved by the Urban Forester.
(7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the
environmental benefits of canopy cover are most likely to offset the impact of development. Trees
shall not be placed within utility easements, or in other locations where their future protection cannot
be assured.
(8) Residential On‐Site Mitigation. Applicants requesting on‐site mitigation for residential developments
shall comply with all the provisions of §167.04(I), as well as the following:
(a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees
based on the forestation requirements as set forth at §167.04(I)(4).
(b) All plans requesting residential on‐site mitigation shall include a binding three (3) year
maintenance and monitoring plan, which shall hold the applicant responsible for the health of all
planted trees.
(i) Approval of a plan requesting residential on‐site mitigation shall be contingent upon the
applicant depositing with the city an irrevocable letter of credit in an amount equal to the
estimated cost of materials and labor for all trees at the time of planting. The irrevocable
letter of credit must cover the entire three (3) year maintenance and monitoring period.
Applicant shall submit cost estimates to the Urban Forester for approval.
(ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester
shall inspect the site and determine whether 90% of the trees are healthy and have a
reasonable chance of surviving to maturity. Upon such a finding, the city shall release the
letter of credit.
(iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or
dead trees, or take other appropriate action as approved by the Urban Forester. If the
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applicant does not take remedial steps to bring the property into compliance, the city shall
use the necessary moneys from the landscape establishment guarantee to do so.
(iv) In the event trees are injured or destroyed by natural disasters, including but not limited
to, tornadoes, straight‐line winds, ice storms, fire, floods, hail, or lightning strikes, or
through the independent actions of third parties, the applicant shall be relieved of the
responsibility of replanting the tree or trees so affected.
(c) Developers requesting mitigation trees be planted along the street right‐of‐way of residential
developments shall submit a landscape plan that complies with the standards outlined in the City
of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new
trees planted are of the highest quality, require low maintenance, and do not interfere with
public safety. The species of trees to be planted shall be selected from the approved street tree
species list, or be otherwise specifically approved by the Urban Forester. The applicant's
mitigation plan for planting street trees shall describe in detail the method for tracking the
development of the individual lots, which shall best ensure that required number and species of
mitigation trees are planted.
(9) Request for On‐Site Mitigation Alternatives (Green Roofs or Green Façades).
(a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious
area and limited space for planting trees to use on‐site mitigation alternatives to meet the
mitigation requirements and still contribute beneficial plant materials that provide positive
ecosystem services.
(b) Applicability. On‐Site Mitigation Alternatives shall only be allowed as alternatives to planting
trees in form‐based zoning districts that allow for mixed‐use and do not have a building area
maximum requirement. On‐Site Mitigation Alternatives may not be utilized on sites that have
adequate space to meet landscape requirements.
(c) Timing of Request for On‐Site Mitigation Alternatives. Requests for on‐site alternatives must be
incorporated and submitted concurrently with the applicant's tree preservation plan.
(d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant
species with deeper root systems.
(e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant
species with shallow root systems.
(f) Green Façade. A green façade is created by growing climbing plants up and across the façade of a
building, either from plants grown directly in the ground or a large container of at least 12 inches
of soil medium. Plants can attach directly to the building or be supported with a 12‐inch by 12‐
inch trellis system connected to the building.
(g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof,
intensive green roof, and green façade in lieu of a mitigation tree shall be based from square
footage of tree canopy.
(i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 2.5 square feet of extensive green roof.
(ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 1.4 square feet of intensive green roof.
(iii) The calculation for a green façade shall be done based from a ratio of 1 square foot of tree
canopy to 2.5 square feet of green façade.
(J) Request for Off‐Site Alternatives.
Page 9 of 11
(1) Timing of Request for Off‐Site Alternatives. Requests for off‐site alternatives must be incorporated in,
and submitted concurrently with the applicant's tree preservation plan.
(2) Off‐Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or
greater amount of canopy cover at a site within the city limits.
(3) Off‐Site Forestation.
(a) If off‐site preservation cannot be achieved, the applicant may seek approval from the Urban
Forester to plant the required number of trees on another site owned by the applicant and
located within the city limits. A tree preservation easement must be conveyed concurrently with
or prior to submission of a final plat by the applicant to the city to protect any off‐site
preservation or forestation and the legal description of the tree preservation easement shall also
appear on the final plat.
(b) An applicant may plant and maintain mitigation trees needed for the applicant's development as
to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city
park or public right‐of‐way if expressly approved by City Council resolution. The City Council shall
seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about
the advisability of forestation of the nearby city park and may apply express conditions including
requiring irrigation to be installed and regular maintenance to be performed by the applicant.
(4) Tree Escrow Account. Tree preservation on‐site is always the preferred option, with on‐site mitigation,
off‐site preservation, off‐site forestation, and on‐site mitigation alternatives to be considered in
descending order only if the more preferred option cannot be fully achieved. If none of these options
can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the
developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base
Density requirements which fairly represents the costs of material and labor to plant a tree. The
developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to
ensure each tree survives for that period of time. Tree planting and maintenance costs should be
reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and
maintenance for three (3) years.
(a) Residential developments which cannot achieve the base density tree requirements through
preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the
money paid into the Tree Escrow Account to plant trees within the development along rights‐of‐
way, detention ponds, common areas or other areas where trees can be protected and have a
high probability of survival to a mature tree. This shall be accomplished once the development is
built out or as approved by the Urban Forester.
(b) Money contributed in lieu of on‐site mitigation or off‐site forestation shall be paid prior to
issuance of a building permit on all commercial, industrial, or multi‐family residential buildings
and prior to final plat acceptance for all residential and non‐residential subdivisions.
(c) Money contributed under this section:
(i) May be used for canopy mitigation, including planting site identification, tree acquisition,
planting, and maintenance, utilizing either city staff or contract labor;
(ii) Shall not revert to the general fund for ongoing operations.
(d) If it is not possible to plant trees within the development, planting locations will be sought in
appropriate sites within a 1 mile radius of where the original project is located, but if this cannot
be achieved, the moneys shall be used to plant the trees in the park quadrant in which the
development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban
forest analysis should be consulted when identifying appropriate locations to plant escrow
funded trees.
Page 10 of 11
(e) The City of Fayetteville shall refund the portion of the money contributed under this section,
including the accrued interest that has not been expended seven (7) years from the date of the
contribution. Interest shall be based on a 4% annual rate.
(f) Refunds shall be paid to the applicant who made the original contribution.
(g) Notice of the right to a refund, including the amount of the refund and the procedure for
applying for and receiving the refund, shall be sent or served in writing to the applicant no later
than thirty (30) days after the date which the refund becomes due. The sending by regular mail of
the notices to the applicant shall be sufficient to satisfy the requirement of notice.
(h) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90)
days after the date certain upon which the refund becomes due.
(i) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the
applicant with written notice of those circumstances under which refunds of such fees will be
made. Failure to deliver such written notice shall not invalidate any contribution to the Tree
Escrow Account under this ordinance.
(K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all
recommendations or administrative determinations made regarding an applicant's tree preservation plan.
(1) The form shall clearly indicate whether the Urban Forester is making a final administrative
determination, or a recommendation to the Planning Commission or City Council.
(2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or
"CONDITIONALLY APPROVED," and explain the reasoning therefore.
(3) A statement shall appear on the form explaining the process by which a final administrative
determination may be appealed in accordance with Chapter 155 of the Unified Development Code.
(4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the
permanent file for the project.
(L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation
Easements.
(1) Large scale developments, large scale site improvements, and commercial preliminary plats are
required to dedicate a tree preservation easement, if any existing tree are to be preserved. The tree
preservation easement shall be the size of the minimum canopy preservation requirement, if possible.
If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate
the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement
that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors,
assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and
extent of approved tree preservation easements which shall be clearly depicted and noted on the
easement plats for large scale developments, large scale site improvements, commercial final plats,
and any plats with a tree preservation easement. This shall be accompanied by a narrative statement
describing the nature of the protection afforded, and bearing the signature of the Urban Forester. If it
is impractical to include the actual depiction of the canopy in a tree preservation easement on the
easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice.
(2) The geographic extent and location of tree preservation easements, once recorded, may only be
modified, or abolished with the express approval of the City Council. Applicants requesting such action
shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is
in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester,
who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council
meeting.
Page 11 of 11
(3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation
easement shall seek prior approval from the Urban Forester, who shall determine if such removal is
consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter.
Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester
determines that natural replacements of sufficient health and vigor are already present in the tree
preservation easement.
Page 1 of 4
174.10 On‐Site Freestanding Signs
On‐Site Freestanding signs shall be permitted to be erected in the city subject to the following:
Only one (1) freestanding sign shall be permitted on a lot, except where otherwise described herein. It shall be
unlawful to erect any off‐site freestanding sign or any freestanding sign that does not meet the sign type, size,
display surface area, setback, height, or illumination as described herein.
(A) Pole Signs. The following regulations pertain to signs identified as "pole signs". It shall be unlawful to erect
any pole sign which total height is greater than 17.5 feet, unless further limited herein, above the level of the
street upon which the sign faces; provided the pole supported sign may be increased in height ½ foot for
every foot of additional setback beyond the required 15 feet from the right‐of‐way with a maximum height
of 30 feet. On‐site pole signs shall be permitted to be erected in the city subject to the following:
(1) R‐A District.
(a) Number of Signs. Only one (1) pole sign shall be permitted at an agricultural or permitted
business located on one (1) or more adjoining lots.
(b) Display Surface Area. The maximum display surface area shall not exceed 16 square feet.
(c) Illumination. Sign may be illuminated by indirect illumination only.
(d) Setback from Right‐of‐Way. Sign shall be setback 35 feet from street right‐of‐way and 25 feet
from any R or R‐O District.
(2) RSF, RI, and CCR Districts. Except pursuant to §174.03, pole signs shall be prohibited and no pole signs
shall be erected in RSF, RI, and CCR Districts of the City.
(3) RMF, R‐O, NC, NS, and UN Districts.
(a) Number of Signs. Only one (1) on‐site freestanding sign shall be permitted on a lot or at a
business operating on two (2) or more adjoining lots.
(b) Display Surface Area. The maximum display surface area shall not exceed 4 square feet;
(c) Setback from Right‐of‐Way. The sign shall be setback a minimum of 15 feet from street right‐of‐
way.
(d) Setback from Adjoining Property. The sign shall be setback a minimum of 25 feet from the
boundary of any RSF District and 15 feet from all other zoning districts.
(e) Height. The height of the sign shall not be greater than six (6) feet above the level of the street
upon which the sign faces.
(f) Illumination. The sign shall be illuminated by indirect illumination only.
(4) C, I, DG, MSC, DC, CS, P‐1, UC, and UT Districts.
(a) Number of signs. Only one (1) pole sign shall be permitted on a lot, at a shopping center, or at a
mall; provided only one (1) on‐site pole sign shall be permitted for any business operating on two
(2) or more adjoining lots.
(b) Display Surface Area and Setback from Right‐of‐Way. The display surface area shall not exceed 10
square feet and shall be setback 15 feet or more from the right‐of‐way; provided, the display
surface area may be increased 2 square feet for each 1 foot of additional setback from the right‐
of‐way beyond 15 feet; provided further, the maximum display surface area for a sign which is
setback from the street right‐of‐way 40 feet or more shall be 75 square feet.
Page 2 of 4
(c) Setback from Adjoining Property. Setback shall be a minimum of 25 feet from the boundary of
any adjoining property.
(B) Monument Sign. The following regulations pertain to signs identified as "monument signs", which are
freestanding signs whose entire base is in contact with and supported by the ground.
(1) Number of Signs. Where a monument sign is permitted, only one (1) sign shall be erected on a lot or at
a business operating on two (2) or more adjoining lots.
(2) Display Surface Area.
(a) RSF and RI Districts. Prohibited on individual lots.
(b) NC District. Where a conditional use permit has been approved for a nonresidential use within
the Neighborhood Conservation zoning district the display surface area of the monument sign
shall not exceed 10 square feet.
(c) NS, RMF, UN, and CCR Districts. The display surface area shall not exceed 16 square feet.
(d) R‐A District. The display surface area shall not exceed 32 square feet.
(e) R‐O Districts. The display surface area shall not exceed 50 square feet.
(f) C, I, DG, MSC, DC, CS, P‐1, UC, and UT Districts. The display surface area shall not exceed 75
square feet.
(3) Setback from right‐of‐way. The sign shall be setback a minimum of 10 feet from the right‐of‐way.
(4) Setback from Adjoining Property Lines. The sign shall be setback a minimum of 25 feet from the
boundary of any RSF district and 15 feet from all other zoning districts.
(5) Height. The maximum height of a sign shall be 6 feet from the surrounding grade.
(C) Joint Identification Sign. The following regulations pertain to signs identified as joint identification signs:
Joint identification signs must provide area for the display of a minimum of two (2) person(s) or business(s)
and may be located at no more than two (2) remote entrance locations, as approved by the Planning
Division. The permit applicant shall provide a recorded legal document as approved by the Planning Division
indicating ownership and responsibility for maintenance of sign and subject to the following:
(1) R‐A, RSF, RI, RMF, P, NC, NS, UN, and CCR Districts. Prohibited.
(2) R‐O District. Monument joint identification sign permitted only.
(a) Display Surface Area. Display surface area shall not exceed 50 square feet.
(b) Setback from Right‐of‐Way. Signs shall be setback a minimum of 10 feet from the right‐of‐way.
(c) Setback from Adjoining Property. Setback shall be a minimum of 10 feet from adjoining non‐
residential property and 25 feet from adjoining residential property.
(d) Height. The maximum height of a sign shall be six (6) feet from the surrounding grade.
(3) C, I, DG, MSC, DC, CS, UC, and UT Districts.
(a) Monument. The following regulations apply to a monument joint identification sign, whose entire
base is in contact with and supported by the ground:
(i) Multi‐tenant Building Containing 37,500 Square Feet or Less of Leasable Tenant Space:
a. Display Surface Area and Setback from Right‐of‐Way. Display surface area shall
not exceed 75 square feet and the sign shall be setback 10 feet or more from
the right‐of‐way.
Page 3 of 4
b Height. The maximum height of a sign shall be six (6) feet above the level of the
surrounding grade.
(ii) Multi‐Tenant Building Containing More Than 37,500 Square Feet:
a. Display Surface Area. Display surface area shall not exceed 75 square feet;
provided the display surface area of a joint identification signs may be
increased one additional square foot per 500 square feet of gross leaseable
building area over 37,500 square feet, as approved by the Planning Division.
Total display surface area shall not exceed 300 square feet.
b. Height and Setback from Right‐of‐Way. The maximum height of the sign shall
be 6 feet above the level of the surrounding grade when setback 10 feet or
more from the right‐of‐way; provided, the maximum height of the sign may
increase to 10 feet above the surrounding grade when setback 20 feet or more
from the right‐of‐way.
c. Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet
from the boundary of any adjoining property.
(b) Pole. The following regulations apply to pole‐mounted joint identification signs:
(i) Display Surface Area and setback from Right‐of‐Way. The display surface area shall not
exceed 10 square feet and shall be setback 15 feet or more from the right‐of‐way;
provided, the display surface area may be increased 2 square feet for each 1 foot of
additional setback from the right‐of‐way beyond 15 feet; provided further, the maximum
display surface area for a sign which is setback from the street right‐of‐way 40 feet or more
shall be 75 square feet.
a. Exception. Display surface area shall not exceed 75 square feet, provided the
display surface area of joint identification signs may be increased one
additional square foot per 500 square feet of gross leaseable building area over
37,500 square feet, as approved by the Planning Division. Total display surface
area shall not exceed 300 square feet.
(ii) Setback from Adjoining Property. Signs shall be setback a minimum of 25 feet from the
boundary of any adjoining property.
(iii) Height. The height of a sign shall be a maximum of 17.5 feet, provided the pole‐mounted
sign may be increased in height ½ foot for every foot of additional setback beyond the
required 15 feet from the right‐of‐way with a maximum height of 30 feet.
(D) Area signs. The location of the fence, wall, or other structure which will contain the area identification sign
must be approved by the Planning Division, which will approve such structure upon the criterion of traffic
safety sight lines. Area signs shall not be located within the Master Street Plan right‐of‐way.
(1) R‐A, RSF, RI, RMF, NC, NS, R‐O, UN, and CCR Districts.
(a) Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with
more than one (1) entrance may not have a sign at more than two (2) locations.
(b) Display Surface Area. An area sign with display on one (1) side located on each side of an
entrance street may be substituted for a single sign with display on both sides. The display
surface area shall not exceed 32 square feet.
(2) C, I, DG, MSC, DC, CS, P‐1, UC, and UT Districts.
(a) Number of Signs. Areas with one (1) entrance may not have more than one (1) sign. Areas with
more than one (1) entrance may not have a sign at more than two (2) locations.
Page 4 of 4
(b) Display Surface Area. An area sign with display on one (1) side located on each side of an
entrance street may be substituted for a single sign with display on both sides. The display
surface area shall not exceed 75 square feet.
(E) Bulletin Boards. The following regulations pertain to signs identified as "bulletin boards", which are erected
for the purposes of announcing events which are held on the premises:
(1) RSF, RI, NC, and CCR Districts. Where a conditional use permit has been approved for a charitable,
educational, or religious institution or a public body within these districts, the following limitations
shall apply:
(a) Number of Signs. Only one (1) on‐site bulletin board shall be permitted on a lot or for a use
operating on two (2) or more adjoining lots.
(b) Display Surface Area. Monument sign only, with a display surface area not to exceed 16 square
feet.
(c) Setback from Right‐of‐Way. The bulletin board shall be setback a minimum of 10 feet from the
street right‐of‐way.
(d) Setback from Adjoining Properties. The sign shall be setback a minimum of 25 feet from the
boundary of any RSF district and 15 feet from all other zoning districts.
(e) Height.The height of the bulletin board shall not be greater than 6 feet above the level of the
street upon which the sign faces.
(f) llumination. Electronic message boards shall be prohibited.
Page 1 of 2
174.12 Wall Signs
Wall signs shall not project more than 18 inches from the surface upon which they are mounted. The upper edge
of a wall sign mounted on a mansard roof may project more than 18 inches so long as the sign is perpendicular to
the ground. The allowable display surface area of a wall sign is determined by the wall on which it is located.
(A) NC, RSF, RI and CCR Districts. Where a conditional use permit has been approved for a nonresidential use
within these zoning districts, the following limitations shall apply:
(1) Number of Signs. Limit of one (1) on‐site wall sign per business per building; provided, when a building
abuts more than one street, the limit shall be one (1) on‐site wall sign per business per building for
each wall which faces an abutting street. In no case shall a business have more than one wall sign on
any one (1) wall.
(2) Display Surface Area. Display surfaces of each sign shall not exceed 8 square feet.
(3) Illumination. The color of the sign shall be compatible with the colors of the structure, and only indirect
external lighting is permitted.
(4) Exceptions:
(a) Home Occupations. Signage for a home occupation in an RSF districts shall be prohibited except
where it is required by the applicable licensing board, subject to proof of said requirement.
(B) RMF Districts.
(1) Number of Signs. Limit of one (1) on‐site wall sign per business per building; provided, when a building
abuts more than one (1) street, the limit shall be one (1) on‐site wall sign per business per building for
each wall which faces an abutting street. In no case shall a business have more than one (1) wall sign
on any wall.
(2) Display Surface Area. Display surfaces of each sign shall not exceed 16 square feet.
(C) R‐A, R‐O, NS, and UN Districts.
(1) Number of signs. Limit of two (2) on‐site wall signs per business per building. In no case shall a business
have more than one (1) wall sign on any wall.
(2) Display Surface Area. The display surface area of a sign shall not exceed 16 square feet where the wall
adjoins a residential land use, or 50 square feet where the wall adjoins a nonresidential land use, or
street right‐of‐way.
(D) C, I, DG, MSC, DC, CS, P‐1, UC, and UT Districts.
(1) Number of Signs.
(a) Single Tenant. Where a building houses only one (1) business, a maximum of four (4) wall signs
may be placed on one wall, but no more than four (4) wall signs may be placed on the building.
(b) Multiple Tenants. Where a building houses more than one business, each business shall be
entitled to a maximum of one (1) wall sign per business on each wall of the building, with a
maximum of four (4) total wall signs per business per building. In no case shall a business have
more than one (1) wall sign on any wall.
(2) Display Surface Area.
(a) Single Tenant. The display surface area shall not exceed 20% of the first 1,000 square feet of wall
area and 5% of any additional wall area.
Page 2 of 2
(b) Multiple Tenants. Where a building houses more than one (1) business, the display surface area
of each tenant's allowable wall sign(s) shall not exceed 150 square feet. Furthermore, the display
surface area for all wall signs on any one wall may not exceed 20% of that total wall area.
(E) Off‐Site Wall Signs. Off‐site wall signs shall be prohibited in all zoning districts.
Environmental Action Committee
Letter of Support
District CCR: Conservation, Cultural, and Recreation District
The Environmental Action Committee (EAC) would like to enthusiastically encourage the City of Fayetteville to adopt
and implement the new zoning designation, Conservation, Cultural, and Recreation (CCR) on the agenda for
discussion/consideration.
The City of Fayetteville continues to experience record growth requiring more and more space to build housing and
infrastructure. The projection for 2050 is that the population will have grown to almost 170,000 (some believe this is
underestimated as climate change and other factors increasingly force families in highly affected regions to relo-
cate). While the city has a plethora of zoning options currently, it has been determined that new options were nec-
essary to best address the growing and changing needs. The recent Urban Corridor Zoning (UC) for example was a
measure to address urban sprawl which was consuming massive tracts of green space for housing. Similarly, the EAC
believes that this new Conservation, Cultural, and Recreation Zoning would be a very welcome and viable option for
both new developments as well as existing plots to allow voluntary designation by the owners of certain areas to be
preserved as green space. In discussions over the past few months on the subject of the CCR zoning, it was men-
tioned that on several occasions in the recent past, owners/developers have inquired about such an option that
would allow them to maintain ownership, yet provide a designated zoning that would benefit the environment and
contribute to the green space that has come to define much of the Fayetteville culture. Prior to the drafting of this
CCR option, an appropriate zoning did not exist for this specific purpose!
Owners of properties who entered into a CCR zoning may be eligible to file such a contribution as a tax credit when
also placing the land into a conservation trust, easement, or other instrument. The EAC believes that such
incentivization is vital for encouraging owners/developers to increasingly consider requesting a CCR zoning where
appropriate. Buy-in by the community at large will be vital to preserving the environmentally friendly feel that in
many ways differentiates Fayetteville from other communities. This effort is also a key part of the City of Fayetteville
Climate Action Plan passed last fall which seeks to define a roadmap for future sensible and responsible growth of
the city in the wake of the aforementioned “record growth” it’s experiencing with no end in sight. These adopted
plans include:
• City Plan 2040 benchmark to “develop a conservation development ordinance, or other form for rural prop-
erties, or those with environmentally sensitive features” by 2025.
• Climate Action Plan EcoSrv.A-5 to “Develop and environmental or conservation zoning district for inclusion in the City’s Enduring Green Network”
Jeff Pummill – EAC Chair Glenda Patterson – EAC Vice Chair
Margaret Britain
Stacey Buff
Thomas Deere
Andrew Dominick
Grimsley Graham
Alexander Mauroner
Vicki Spencer
Tod Yeslow
Teresa Turk – City Council Liason
Environmental Action Committee
City of Fayetteville, AR
May 27 2025
Office of the Mayor, City of Fayetteville, AR
City Council of Fayetteville, AR
Dear Mayor Rawn and City Council members,
This is an addendum to our letter to you from April 2025 requesting the adoption and
implementation of a Conservation, Cultural, and Recreation (CCR)zoning district for the
city. In the interim, the Planning Commission has added two conditional uses for this
district: Unit 3 for Public Protection and Utility Facilities and Unit 36 for Wireless
Telecommunications Facilities. Although we are most supportive of the CCR plan, we
do not endorse the inclusion of Units 3 and 36, for we believe that they are not aligned
with the definition and expectations of this unique zoning as well as the vision of land
protection and conservation as reflected in the city’s Climate Action Plan.
We anticipate that a significant number of conservation easement offerings to the city
will come from parcels with high climate resilience scores, and we fear that Unit 3 or 36
use for those parcels would destroy or degrade the ecosystem services they would
provide for the city. As Unit 36 is a conditional use across all zoning districts, we would
hope that districts other than those designated CCR could accommodate the need for that
use.
We applaud the efforts to make this new zoning district happen, for time is of the
essence, but we urge you to drop the addition of Units 3 and 36.
Page 1 of 2
161.38 District CCR, Conservation, Cultural, and Recreation
(A)Purpose. The Conservation, Cultural, and Recreation District is a designation requested by the
owner of property that the City and the owner have determined beneficial and desirable to conserve,
preserve, protect, or enhance natural resources such as floodplains, streams, wetlands, steep
topography, woodlands, meadows and wildlife habitat, or for the purpose of improving and restoring
such property’s ecosystem services. Further, this district serves to permit certain limited uses and
activities which are not detrimental to the land and consistent with these purposes.
(B)Uses.
(1)Permitted Uses.
Unit 1 City-wide uses by right
(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
(C)Density. None.
(D)Bulk and Area Regulations.
(1) At least 80 percent of the zoned area shall be left undeveloped as green space.
(2) No more than 10 percent of the Conservation, Cultural, and Recreation zoned area may be
dedicated to open space that also contains hard surface areas such as parking, paved trail, or other
impervious ground cover.
(E)Setback Requirements.
(1) Minimum setback from the front property line shall be 20 feet.
(2) Minimum setbacks from all other property lines shall be 50 feet.
(3) A minimum setback of 50 feet shall be established parallel to all floodplain lines shown on
currently adopted FIRM panels.
(4) A minimum setback of 100 feet shall be established parallel to the top of bank along all streams
protected within the Streamside Protection Zones of §168.12.
(5) A minimum setback of 100 feet shall be established parallel to the edge of open bodies of water.
(F)Height Requirements.
Building Height Maximum 2 stories
(G)Building area. Maximum lot coverage shall be five percent of the zoned area.
EXHIBIT A
Page 2 of 2
(H)Legal instrument for permanent protection. Green space shall be protected in perpetuity by an
easement deed or other binding legal instrument that is recorded with the rezoning at the time of
rezoning. The instrument shall be a permanent conservation easement or equivalent legal document
such as:
(1)A permanent conservation easement conveyed to the City or a land trust or similar
conservation oriented nonprofit organization with legal authority to accept such easements.
The conservation organization must be bona fide and in perpetual existence and the
conveyance instrument shall contain an appropriate provision for conveyance to another
nonprofit conservation organization or to the City in the event the originally designated
organization becomes unable to fulfill its functions, or
(2)An equivalent legal document that provides permanent protection, if approved by the City.
EXHIBIT A
Form v1.55
NVNRESD/23/2025
media C TY OF FAYET23/20 5 L-=
CITY CLERIC'S CFFICE
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE,AR 72701
Ad number#: 516692
PO #:
Matter of: ORD 6884
AFFIDAVIT•STATE OF ARKANSAS
1, ria Hernandez-L.oDez ,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 6884
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$314.64.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 06/22/25;NWA nwaonline.com 06/22/25
..fre74
Legal Clerk
State of ARKANSAS,County of Sebastian ,
Subscribed and sworn to before me on this 23rd day of June, 2025
N ARY PUBLIC
Ordinance:6884 Council of the City of Fayet-
File Number: 2025-714 teville,Arkansas hereby repeals
AN ORDINANCE TO ENACT§ subsection (C)(1) of §174.10
161.38 DISTRICT CCR,CONSER- On-Site Freestanding Signs re-
VATION,CULTURAL,AND RECRE- garding joint identification signs
ATION AS A NEW ZONING and inserts a replacement(C)(1)
DISTRICT TO CONSERVE,PRE- as follows:
SERVE,PROTECT AND ENHANCE "(C)R-A,RSF,RI,RMF,P,NC,
NATURAL RESOURCES OF NS,UN,and CCR Districts.Pro-
FAYETTEVILLE hlbited."
WHEREAS,City Plan 2040 set Section 8: That the City
the first short term benchmark Council of the City of Fayet-
for plan implementation as"De- teville,Arkansas hereby amends
velop a conservation develop- the list of zoning districts in the
meet ordinance,or other form heading of subsection(D)(1)of
for rural properties, or those §174.10 On-Site Freestanding
with environmentally sensitive Signs regarding area signs by
features"in alignment with plan adding CCR to the list so it reads
goals 2 and 5;and as follows:
WHEREAS, our landowners "R-A,RSF,RI,RMF,NC,NS,R-
should be assisted if they wish 0,UN,and CCR Districts."
to conserve,preserve,protect, Section 9: That the City
and enhance natural resources Council of the City of Fayet-
such as floodplains,streams, teville,Arkansas hereby amends
wetlands, steep topography, the list of zoning districts in the
woodlands, meadows and heading of subsection(E)(1)of
wildlife habitats on their prop- §174.10 On-Site Freestanding
erty;and Signs regarding bulletin boards
WHEREAS,District CCR,Con- by adding CCR to the list so it
servation,Cultural,and Recre- reads as follows:
ation would provide a "RSF,RI,NC,and CCR Dis-
conservation tool in the Corm of tricts.'
a zoning district established for Section 10: That the City
that purpose. Council of the City of Feyet-
NOW,THEREFORE,BE IT OR- teville,Arkansas hereby amends
DAINED BY THE CITY COUNCIL the list of zoning districts in
OF THE CITY OF FAYETTEVILLE, subsection(A)of§174.12 Wall
ARKANSAS: Signs by adding CCR to the list
Section 1:That the City Coun- so it reads as follows:
cii of the City of Fayetteville, "NC, RSF,RI and CCR Din-
Arkansas hereby enacts § tricts."
161.38 District CCR,Conserve- PASSED and APPROVED on
lion,Cultural,and Recreation June 17,2025
Into the Unified Development Approved:
Code as shown on Exhibit A at- Molly Raw,Mayor
tached hereto and made a part Attest:
hereof. Kara Paxton,
Section 2: That the City City Clerk Treasurer
Council of the City of Fayet- This publication was paid for
teville,Arkansas hereby amends by the City Clerk-Treasurer of
§160.01 Establishment of Dis- the City of Fayetteville,
tricts by inserting'CCR Conser- Arkansas.
nation,Cultural,and Recreation" Amount Paid:5314.64
after"NC Neighborhood Conser- June 22,2025 516692
vatlon."
Section 3: That the City
Council of the City of Fayet-
teville,Arkansas hereby repeals
subsection(8)(5)(e)of§164.25
Tandem Lot Development and
inserts a replacement(B)(5)(a)
as follows:
'(a)Tandem lots shall have a
minimum building setback re-
quirement of 35 feet from all
property lines in the R-A,RSF-
5,RSF-1,and CCR zoning dis-
tricts.'
Section 4: That the City
Council of the City of Fayet-
teville,Arkansas hereby amends
subsection(C)Canopy Area of
§167.04 Tree Preservation and
Protection During Development
by inserting the following in
Table 1 Minimum Canopy Re-
quirements between NC,Neigh-
borhood Conservation and I-1,
Heavy Commercial and Light In-
dustrial:
CCR,Conservation,Cultural,
and Recreation
80%
Section 5: That the City
Council of the City of Fayet-
teville,Arkansas hereby repeals
subsection (A)(2) of §174.10
On-Site Freestanding Signs re-
garding pole signs and inserts a
replacement(A)(2)as follows:
"(2) RSF, RI,and CCR Dis-
tricts. Except pursuant to §
174.03,pole signs shall be pro-
hibited and no pole signs shall
be erected in RSF,RI,and CCR
Districts of the City."
Section 6: That the City
Council of the City of Fayet-
teville,Arkansas hereby repeals
subsection(B)(2)(c)of§174.10
On-Site Freestanding Signs re-
garding monument signs and
inserts a replacement(B)(2)(c)
an follows:
'(c)NS,RMF,UN,and CCR
Districts.The display surface
area shall not exceed 16 square
feet'
Section 7: That the City